8–18–05 Vol. 70 No. 159 Thursday Aug. 18, 2005 Pages 48473–48632

8–18–05 Thursday Vol. 70 No. 159 Aug. 18, 2005

Pages 48473–48632

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i II Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005

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Contents Federal Register Vol. 70, No. 159

Thursday, August 18, 2005

Agricultural Marketing Service Commerce Department NOTICES See Foreign-Trade Zones Board Sheep milk for manufacturing purposes, 48515–48517 See International Trade Administration See National Oceanic and Atmospheric Administration Agriculture Department See Patent and Trademark Office See Agricultural Marketing Service See Animal and Plant Health Inspection Service Commodity Futures Trading Commission See Forest Service NOTICES See Rural Telephone Bank Meetings; Sunshine Act, 48546–48547

Animal and Plant Health Inspection Service Customs and Border Protection Bureau PROPOSED RULES NOTICES Exportation and importation of animals and animal Customhouse broker license cancellation, suspension, etc.: products: Lee, Rufus B., et al., 48575 Whole cuts of boneless beef from— Open Harbor, Inc., et al., 48575–48576 Japan, 48494–48500 NOTICES Defense Base Closure and Realignment Commission Agency information collection activities; proposals, NOTICES submissions, and approvals, 48517–48518 Meetings, 48547

Antitrust Division Defense Department NOTICES NOTICES Competitive impact statements and proposed consent Meetings: judgments: Defense Acquisition Performance Assessment Project; Waste Industries USA, Inc., 48590–48603 correction, 48547

Centers for Disease Control and Prevention Education Department NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 48549–48553 submissions, and approvals, 48547–48548 Grant and cooperative agreement awards: Human immunodeficiency virus (HIV)— Employment and Training Administration Rwandan Healthy Schools Initiative, 48553–48560 NOTICES Vietnamese National Institute of Hygiene and Adjustment assistance; applications, determinations, etc.: Epidemiology, 48560 Brunswick, 48604 Grants and cooperative agreements; availability, etc.: Datacolor, 48604 Human immunodeficiency virus (HIV)— Edscha Roof Systems, LLC, 48604 Namibia; building human resource capacity within Emerson Network Power, Energy Systems, 48604 Ministry of Health and Social Services, 48566– Galileo International, 48604–48605 48573 LC Special Markets Co., Inc., 48605 Zambia; enhancing community response to HIV/AIDS Martin Furniture, 48605 and TB through expanded role of community NCO Financial Systems, Inc., 48605 treatment supporters, 48560–48566 Tower Automotive Milwaukee, LLC, 48605 Meetings: Warvel Products, Inc., et al., 48606–48607 Clinical Laboratory Improvement Advisory Committee, 48573–48574 Executive Office of the President Disease, Disability, and Injury Prevention and Control See Presidential Documents Special Emphasis Panel, 48574 See Trade Representative, Office of United States

Coast Guard Federal Aviation Administration RULES PROPOSED RULES Regattas and marine parades: Airworthiness directives: Patuxent River Air Expo, 48477–48479 Empresa Brasileira de Aeronautica S.A. (EMBRAER), Ragin’ on the River, 48479–48481 48500–48502 Thunder over the Boardwalk, 48475–48477 McDonnell Douglas, 48502–48505 PROPOSED RULES NOTICES Regattas and marine parades: Reports and guidance documents; availability, etc.: Liberty Grand Prix, 48505–48507 Replacement seat bottom cushions; component test NOTICES method; policy statement, 48627 Organization, functions, and authority delegations: Restraint systems on forward and aft facing seats; Sector Hampton Roads; implementation, 48574–48575 replacement; policy statement, 48627

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Federal Emergency Management Agency Propane Education and Research Act of 1996: RULES Propane Education and Research Council; operation, Flood insurance; communities eligible for sale: market changes, and Federal programs; effect on Nebraska, 48481–48482 propane customers, 48541 NOTICES Agency information collection activities; proposals, International Trade Commission submissions, and approvals, 48576–48577 NOTICES Import investigations: Federal Reserve System Caribbean Basin Economic Recovery Act; impact on U.S. NOTICES industries and consumers and on beneficiary Banks and bank holding companies: countries, 48587–48588 Formations, acquisitions, and mergers, 48548 Oranges and lemons in U.S. fresh market; correction, Permissible nonbanking activities, 48548 48588 Sulfanilic acid from— Fish and Wildlife Service China and India, 48588 RULES Synthetic indigo from— Endangered and threatened species: China, 48588–48589 Eggert’s sunflower, 48482–48490 NOTICES Justice Department Endangered and threatened species: See Antitrust Division Eggert’s sunflower; post-delisting monitoring plan, NOTICES 48577–48579 Pollution control; consent judgments: Recovery plans— Atlantic Richfield Co. et al., 48589 Catesbaea melanocarpa, 48579–48580 Degussa Initiators, LLC, 48589–48590 Del Monte Fresh Produce (Hawaii), Inc., 48590 Foreign-Trade Zones Board Wellsford, 48590 NOTICES Applications, hearings, determinations, etc.: Labor Department Nevada, 48534–48535 See Employment and Training Administration New Jersey, 48535 See Labor Statistics Bureau Oregon Eastman Kodak Co.; x-ray film, color paper, digital Labor Statistics Bureau media, inkjet paper, and entertainment and health NOTICES imaging manufacturing facilities, 48535–48536 Committees; establishment, renewal, termination, etc.: Puerto Rico, 48536–48537 Business Research Advisory Council, 48607 Ortho Biologics, LLC; pharmaceutical intermediate manufacturing plant, 48537 Land Management Bureau Wisconsin, 48537–48538 NOTICES Meetings: Forest Service McInnis Canyons National Conservation Area Advisory NOTICES Council, 48580 Environmental statements; notice of intent: Realty actions; sales, leases, etc.: Clearwater National Forest, ID, 48518–48519 Nevada, 48580–48584 Health and Human Services Department Recreation management restrictions, etc.: Oregon and Washington public lands; supplementary See Centers for Disease Control and Prevention NOTICES rules, 48584–48587 Agency information collection activities; proposals, National Highway Traffic Safety Administration submissions, and approvals, 48549 PROPOSED RULES Homeland Security Department Motor vehicle safety standards: See Coast Guard Buses manufactured in two or more stages; identification See Customs and Border Protection Bureau requirements, 48507–48514 See Federal Emergency Management Agency National Oceanic and Atmospheric Administration Interior Department RULES See Fish and Wildlife Service Fishery conservation and management: See Land Management Bureau Atlantic highly migratory species— Atlantic bluefin tuna, 48490–48493 Internal Revenue Service NOTICES NOTICES Marine mammals: Agency information collection activities; proposals, Incidental taking; authorization letters, etc.— submissions, and approvals, 48630–48631 U.S. Army Corps of Engineers—Jacksonville District; Port Sutton Navigation Channel, Tampa Bay, FL; International Trade Administration bottlenose dolphins, 48541–48545 NOTICES Meetings: Antidumping: Mid-Atlantic Fishery Management Council, 48545 Superalloy degassed chromium from— North Pacific Fishery Management Council, 48545 Japan, 48538–48541 Pacific Fishery Management Council, 48545

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Nuclear Regulatory Commission Pieter Claesz: Master of Haarlem Still Life, 48622 NOTICES Applications, hearings, determinations, etc.: Thrift Supervision Office Nuclear Management Co., LLC, 48607 NOTICES Applications, hearings, determinations, etc.: Office of United States Trade Representative American Bancorp of New Jersey et al., 48631 See Trade Representative, Office of United States Patent and Trademark Office Trade Representative, Office of United States NOTICES NOTICES Agency information collection activities; proposals, Andean Trade Preference Act: submissions, and approvals, 48546 2005 annual review, 48622–48623 Generalized System of Preferences: Pipeline and Hazardous Materials Safety Administration 2005 annual product review, 48623–48626 NOTICES Hazardous materials: Transportation Department Applications; exemptions, renewals, etc., 48627–48629 See Federal Aviation Administration See National Highway Traffic Safety Administration Presidential Documents See Pipeline and Hazardous Materials Safety PROCLAMATIONS Administration Special observances: National Airborne Day (Proc. 7917), 48473 Treasury Department Rural Telephone Bank See Internal Revenue Service NOTICES See Thrift Supervision Office Rural Telephone Bank liquidation and dissolution; Board of NOTICES Directors approval, 48519–48534 Agency information collection activities; proposals, submissions, and approvals, 48629–48630 Securities and Exchange Commission NOTICES Veterans Affairs Department Self-regulatory organizations; proposed rule changes: NOTICES American Stock Exchange LLC, 48607–48608 Meetings: Chicago Stock Exchange, Inc., 48608–48611 Chiropractic Care Implementation Advisory Committee, Pacific Exchange, Inc., 48611–48621 48631 Small Business Administration NOTICES Disaster loan areas: Reader Aids Mississippi, 48621–48622 Consult the Reader Aids section at the end of this issue for Applications, hearings, determinations, etc.: phone numbers, online resources, finding aids, reminders, Telesoft Partners II SBIC, L.P., 48621 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents State Department LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Culturally significant objects imported for exhibition: archives, FEDREGTOC-L, Join or leave the list (or change Hatshepsut: From Queen to Pharaoh; correction, 48622 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 7917...... 48473 9 CFR Proposed Rules: 94...... 48494 14 CFR Proposed Rules: 39 (2 documents) ...... 48500, 48502 33 CFR 100 (3 documents) ...... 48475, 48477, 48479 Proposed Rules: 100...... 48505 44 CFR 64...... 48481 49 CFR Proposed Rules: 567...... 48507 584...... 48507 50 CFR 17...... 48482 635...... 48490

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Federal Register Presidential Documents Vol. 70, No. 159

Thursday, August 18, 2005

Title 3— Proclamation 7917 of August 15, 2005

The President National Airborne Day, 2005

By the President of the United States of America

A Proclamation

Americans live in freedom because of the extraordinary bravery, sacrifice, and dedication to duty of the members of our Armed Forces. From the first official Army parachute jump 65 years ago, our country’s Airborne troops have played a crucial role in the defense of our Nation and our liberty. On National Airborne Day, we pay special tribute to these courageous soldiers who served with honor and integrity. On August 16, 1940, the successful first jump of the Army Parachute Test Platoon laid the foundation for a new and innovative method of combat that helped contribute to an Allied victory in World War II. These bold pioneers answered the call of duty and set an example for future generations to follow. Since the designation of the Army’s first Airborne division, the 82nd Airborne, on August 15, 1942, our Airborne troops have performed with valor. The brave men and women of our Airborne forces have worked to defeat tyranny, advance the cause of liberty, and build a safer world. Today a new generation of Airborne forces is fighting a war against an enemy that threatens the peace and stability of the world. At this critical time, Airborne forces of the Army, Navy, Marines, and Air Force are continuing the noble tradition of the first sky soldiers. Americans are grateful for the service of our Airborne forces and all our troops, and we are inspired by the strength and sacrifice of our military members and their families. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim August 16, 2005, as National Airborne Day. I encourage all Americans to honor those who have served in the Airborne forces, and I also call upon all citizens to observe this day with appropriate programs, ceremonies, and activities. IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of August, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and thirtieth. W

[FR Doc. 05–16496 Filed 8–17–05; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 70, No. 159

Thursday, August 18, 2005

This section of the FEDERAL REGISTER Regulatory Information New Jersey during the event, the effect contains regulatory documents having general On July 11, 2005, we published a of this regulation will not be significant applicability and legal effect, most of which due to the limited duration that the are keyed to and codified in the Code of notice of proposed rulemaking (NPRM) entitled Special Local Regulations for regulated area will be in effect and the Federal Regulations, which is published under extensive advance notifications that will 50 titles pursuant to 44 U.S.C. 1510. Marine Events; Atlantic Ocean, Atlantic City, NJ in the Federal Register (70 FR be made to the maritime community via The Code of Federal Regulations is sold by 39697). No letters were received marine information broadcasts, area the Superintendent of Documents. Prices of commenting on the proposed rule. No newspapers and local radio stations so new books are listed in the first FEDERAL public meeting was requested, and none mariners can adjust their plans REGISTER issue of each week. accordingly. was held. Under 5 U.S.C. 553(d)(3), the Coast Small Entities DEPARTMENT OF HOMELAND Guard finds that good cause exists for Under the Regulatory Flexibility Act SECURITY making this rule effective less than 30 (5 U.S.C. 601–612), we have considered days after publication in the Federal whether this rule would have a Coast Guard Register. Delaying the effective date significant economic impact on a would be contrary to the public interest, substantial number of small entities. 33 CFR Part 100 since immediate action is needed to The term ‘‘small entities’’ comprises ensure the safety of the event small businesses, not-for-profit participants, spectator craft and other [CGD05–05–072] organizations that are independently vessels transiting the event area. owned and operated and are not However, advance notifications will be RIN 1625–AA08 dominant in their fields, and made to mariners via marine governmental jurisdictions with information broadcasts, area Special Local Regulations for Marine populations of less than 50,000. newspapers and local radio stations. Events; Atlantic Ocean, Atlantic City, The Coast Guard certifies under 5 NJ Background and Purpose U.S.C. 605(b) that this rule will not have a significant economic impact on a On August 31, 2005, the Atlantic City AGENCY: Coast Guard, DHS. substantial number of small entities. Chamber of Commerce will sponsor the This rule will affect the following ACTION: Temporary final rule. ‘‘Thunder over the Boardwalk’’. The entities, some of which may be small event will consist of high performance SUMMARY: entities: the owners or operators of The Coast Guard is jet aircraft performing low altitude establishing temporary special local vessels intending to transit this section aerial maneuvers over the waters of the of the Atlantic Ocean during the event. regulations for ‘‘Thunder over the Atlantic Ocean adjacent to Atlantic City, Boardwalk’’, an aerial demonstration to This proposed rule will not have a New Jersey. A fleet of spectator vessels significant economic impact on a be held over the waters of the Atlantic is expected to gather nearby to view the Ocean adjacent to Atlantic City, New substantial number of small entities for aerial demonstration. Due to the need the following reasons. This rule will be Jersey. These special local regulations for vessel control during the event, are necessary to provide for the safety of in effect for only a short period, from vessel traffic will be temporarily 10:30 a.m. to 3 p.m. on August 31, 2005. life on navigable waters during the restricted to provide for the safety of Affected waterway users can pass safely event. This action will restrict vessel spectators and transiting vessels. around the regulated area. Before the traffic in portions of the Atlantic Ocean enforcement period, we will issue adjacent to Atlantic City, New Jersey Regulatory Evaluation maritime advisories so mariners can during the aerial demonstration. This rule is not a ‘‘significant adjust their plans accordingly. DATES: This rule is effective from 10:30 regulatory action’’ under section 3(f) of a.m. to 3 p.m. on August 31, 2005. Executive Order 12866, Regulatory Assistance for Small Entities ADDRESSES: Comments and material Planning and Review, and does not Under section 213(a) of the Small received from the public, as well as require an assessment of potential costs Business Regulatory Enforcement documents indicated in this preamble as and benefits under section 6(a)(3) of that Fairness Act of 1996 (Pub. L. 104–121), being available in the docket, are part of Order. The Office of Management and we offered to assist small entities in docket CGD05–05–072 and are available Budget has not reviewed it under that understanding the rule so that they for inspection or copying at Commander Order. It is not ‘‘significant’’ under the could better evaluate its effects on them (oax), Fifth Coast Guard District, 431 regulatory policies and procedures of and participate in the rulemaking Crawford Street, Portsmouth, Virginia the Department of Homeland Security process. 23704–5004, between 9 a.m. and 2 p.m., (DHS). Small businesses may send comments Monday through Friday, except Federal We expect the economic impact of on the actions of Federal employees holidays. this proposed rule to be so minimal that who enforce, or otherwise determine a full Regulatory Evaluation under the compliance with, Federal regulations to FOR FURTHER INFORMATION CONTACT: regulatory policies and procedures of the Small Business and Agriculture Dennis Sens, Project Manager, Auxiliary DHS is unnecessary. Regulatory Enforcement Ombudsman and Recreational Boating Safety Branch, Although this regulation prevents and the Regional Small Business at (757) 398–6204. traffic from transiting a portion of the Regulatory Fairness Boards. The SUPPLEMENTARY INFORMATION: Atlantic Ocean adjacent to Atlantic City, Ombudsman evaluates these actions

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annually and rates each agency’s because it does not have a substantial Exclusion Determination’’ are not responsiveness to small business. If you direct effect on one or more Indian required for this rule. wish to comment on actions by tribes, on the relationship between the List of Subjects in 33 CFR Part 100 employees of the Coast Guard, call 1– Federal Government and Indian tribes, 888–REG–FAIR (1–888–734–3247). or on the distribution of power and Marine safety, Navigation (water), responsibilities between the Federal Reporting and recordkeeping Collection of Information Government and Indian tribes. requirements, Waterways. This rule calls for no new collection of information under the Paperwork Energy Effects I For the reasons discussed in the Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under preamble, the Coast Guard amends 33 3520). Executive Order 13211, Actions CFR part 100 as follows: Concerning Regulations That Federalism Significantly Affect Energy Supply, PART 100—SAFETY OF LIFE ON A rule has implications for federalism Distribution, or Use. We have NAVIGABLE WATERS under Executive Order 13132, determined that it is not a ‘‘significant I 1. The authority citation for part 100 Federalism, if it has a substantial direct energy action’’ under that order because continues to read as follows: effect on State or local governments and it is not a ‘‘significant regulatory action’’ would either preempt State law or under Executive Order 12866 and is not Authority: 33 U.S.C. 1233, Department of impose a substantial direct cost of likely to have a significant adverse effect Homeland Security Delegation No. 0170.1. compliance on them. We have analyzed on the supply, distribution, or use of I 2. Add a temporary section, § 100.35– this rule under that Order and have energy. The Administrator of the Office T05–072 to read as follows: determined that it does not have of Information and Regulatory Affairs § 100.35–T05–072 Atlantic Ocean, Atlantic implications for federalism. has not designated it as a significant City, NJ. energy action. Therefore, it does not Unfunded Mandates Reform Act require a Statement of Energy Effects (a) Regulated area. The regulated area The Unfunded Mandates Reform Act under Executive Order 13211. is established for the waters of the of 1995 (2 U.S.C. 1531–1538) requires Atlantic Ocean, adjacent to Atlantic Federal agencies to assess the effects of Technical Standards City, New Jersey, bounded by a line their discretionary regulatory actions. In The National Technology Transfer drawn between the following points: particular, the Act addresses actions and Advancement Act (NTTAA) (15 southeasterly from a point along the that may result in the expenditure by a U.S.C. 272 note) directs agencies to use shoreline at latitude 39°21′31″ N, State, local, or tribal government, in the voluntary consensus standards in their longitude 074°25′04″ W, thence to aggregate, or by the private sector of regulatory activities unless the agency latitude 39°21′08″ N, longitude $100,000,000 or more in any one year. provides Congress, through the Office of 074°24′48″ W, thence southwesterly to Though this rule will not result in such Management and Budget, with an latitude 39°20′16″ N, longitude an expenditure, we do discuss the explanation of why using these 074°27′17″ W, thence northwesterly to a effects of this rule elsewhere in this standards would be inconsistent with point along the shoreline at latitude preamble. applicable law or otherwise impractical. 39°20′44″ N, longitude 074°27′31″ W, Voluntary consensus standards are thence northeasterly along the shoreline Taking of Private Property technical standards (e.g., specifications to latitude 39°21′31″ N, longitude This rule will not effect a taking of of materials, performance, design, or 074°25′04″ W. All coordinates reference private property or otherwise have operation; test methods; sampling Datum NAD 1983. taking implications under Executive procedures; and related management (b) Definitions: (1) Coast Guard Patrol Order 12630, Governmental Actions and systems practices) that are developed or Commander means a commissioned, Interference with Constitutionally adopted by voluntary consensus warrant, or petty officer of the Coast Protected Property Rights. standards bodies. Guard who has been designated by the This rule does not use technical Civil Justice Reform Commander, Coast Guard Sector standards. Therefore, we did not Delaware Bay. This rule meets applicable standards consider the use of voluntary consensus (2) Official Patrol means any vessel in sections 3(a) and 3(b)(2) of Executive standards. assigned or approved by Commander, Order 12988, Civil Justice Reform, to Environment Coast Guard Sector Delaware Bay with minimize litigation, eliminate a commissioned, warrant, or petty ambiguity, and reduce burden. We have analyzed this rule under officer on board and displaying a Coast Commandant Instruction M16475.lD, Guard ensign. Protection of Children which guides the Coast Guard in (c) Special local regulations: (1) We have analyzed this rule under complying with the National Except for persons or vessels authorized Executive Order 13045, Protection of Environmental Policy Act of 1969 by the Coast Guard Patrol Commander, Children From Environmental Health (NEPA) (42 U.S.C. 4321–4370f), and no person or vessel may enter or remain Risks and Safety Risks. This rule is not have concluded that there are no factors in the regulated area. an economically significant rule and in this case that would limit the use of does not create an environmental risk to a categorical exclusion under section (2) The operator of any vessel in the health or risk to safety that may 2.B.2 of the Instruction. Therefore, this regulated area must: disproportionately affect children. rule is categorically excluded, under (i) Stop the vessel immediately when figure 2–1, paragraph (34)(h), of the directed to do so by the Coast Guard Indian Tribal Governments Instruction, from further environmental Patrol Commander or any Official This rule does not have tribal documentation. Patrol. implications under Executive Order Under figure 2–1, paragraph (34)(h), (ii) Proceed as directed by the Coast 13175, Consultation and Coordination of the Instruction, an ‘‘Environmental Guard Patrol Commander or any Official with Indian Tribal Governments, Analysis Check List’’ and a ‘‘Categorical Patrol.

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(d) Enforcement period. This section NPRM before the event. The event will 2005. The effect will be to restrict will be enforced from 10:30 a.m. to 3 take place September 2–4, 2005. general navigation in the regulated area p.m. on August 31, 2005. Publishing an NPRM would be contrary during the event. Except for persons or Dated: August 5, 2005. to the public interest as there is not vessels authorized by the Coast Guard sufficient time for a notice and comment Patrol Commander, no person or vessel L.L. Hereth, period and immediate action is needed may enter or remain in the regulated Rear Admiral, U.S. Coast Guard, Commander, to protect persons and vessels from the area during the enforcement period. The Fifth Coast Guard District. event’s potential hazards. Because of the Patrol Commander will notify the public [FR Doc. 05–16413 Filed 8–17–05; 8:45 am] danger posed by low flying aircraft of specific enforcement times by Marine BILLING CODE 4910–15–P performing precision maneuvers and Radio Safety Broadcast. These aerial stunts, special local regulations regulations are needed to control vessel are necessary to provide for the safety of traffic during the event to enhance DEPARTMENT OF HOMELAND event participants, spectator craft and safety of participants, spectators and SECURITY other vessels transiting the event area. transiting vessels. For the safety concerns noted, it is in Coast Guard Regulatory Evaluation the public interest to have the This rule is not a ‘‘significant 33 CFR Part 100 regulations in effect during the event. Under 5 U.S.C. 553(d)(3), the Coast regulatory action’’ under section 3(f) of [CGD05–05–090] Guard finds that good cause exists for Executive Order 12866, Regulatory Planning and Review, and does not RIN 1625–AA08 making this rule effective less than 30 days after publication in the Federal require an assessment of potential costs Special Local Regulation for Marine Register. Making this rule effective 30 and benefits under section 6(a)(3) of that Events; Patuxent River, Solomons, MD days after publication is both Order. The Office of Management and impractical and contrary to the public Budget has not reviewed it under that AGENCY: Coast Guard, DHS. interest since there is not sufficient time Order. It is not ‘‘significant’’ under the ACTION: Temporary final rule. to publish a proposed rule in advance regulatory policies and procedures of of the event and immediate action is the Department of Homeland Security SUMMARY: The Coast Guard is needed to protect persons and vessels (DHS). establishing temporary special local from the potential hazards associated We expect the economic impact of regulations during the ‘‘Patuxent River with this event. However, advance this rule to be so minimal that a full Air Expo 2005’’, an event to be held notifications will be made to affected Regulatory Evaluation under the over the waters of the lower Patuxent waterway users via marine information regulatory policies and procedures of River near Solomons, Maryland. These broadcasts, local radio stations and area DHS is unnecessary. special local regulations are necessary to newspapers. Although this regulation will prevent provide for the safety of life on traffic from transiting a portion of the navigable waters during the event. This Background and Purpose Patuxent River during the event, the action is intended to restrict vessel From September 2, through effect of this regulation will not be traffic in portions of the Patuxent River September 4, 2005, U.S. Naval Air significant due to the limited duration during the event. Station Patuxent River will conduct the that the regulated area will be in effect DATES: This rule is effective from 9 a.m. ‘‘Patuxent River Air Expo 2005’’. This and the extensive advance notifications on September 2, 2005 to 5 p.m. on event will take place over the waters of that will be made to the maritime September 4, 2005. the lower Patuxent River, between community via the Local Notice to Fishing Point and the base of the Mariners, marine information ADDRESSES: Comments and material breakwall marking the entrance to the received from the public, as well as broadcasts, and area newspapers, so East Seaplane Basin at Naval Air Station documents indicated in this preamble as mariners can adjust their plans Patuxent River. The event will consist of being available in the docket, are part of accordingly. Additionally, the regulated military and civilian aircraft performing docket CGD05–05–090 and are available area has been narrowly tailored to low-flying high speed precision for inspection or copying at Commander impose the least impact on general maneuvers and aerial stunts over the (oax), Fifth Coast Guard District, 431 navigation yet provide the level of safety waters of the Patuxent River. To provide Crawford Street, Portsmouth, Virginia deemed necessary. for the safety of spectators and other 23704–5004, between 9 a.m. and 2 p.m., transiting vessels, the Coast Guard will Small Entities Monday through Friday, except Federal temporarily restrict vessel traffic in the Under the Regulatory Flexibility Act holidays. event area during the air show. (5 U.S.C. 601–612), we have considered FOR FURTHER INFORMATION CONTACT: whether this rule would have a Dennis Sens, Project Manager, Auxiliary Discussion of Rule significant economic impact on a and Recreational Boating Safety Branch, The Coast Guard is establishing substantial number of small entities. at (757) 398–6204. temporary special local regulations on The term ‘‘small entities’’ comprises SUPPLEMENTARY INFORMATION: specified waters of the lower Patuxent small businesses, not-for-profit River between Fishing Point and the organizations that are independently Regulatory Information base of the breakwall marking the owned and operated and are not We did not publish a notice of entrance to the East Seaplane Basin at dominant in their fields, and proposed rulemaking (NPRM) for this the Naval Air Station. The regulated governmental jurisdictions with regulation. Under 5 U.S.C. 553(b)(B), the area includes a portion of the waters of populations of less than 50,000. Coast Guard finds that good cause exists the Patuxent River that is approximately The Coast Guard certifies under 5 for not publishing an NPRM. Due to the 850 yards long and 700 yards wide. The U.S.C. 605(b) that this rule will not have late submission of marine event request temporary special local regulations will a significant economic impact on a by the event organizer, there is not be in effect from 9 a.m. on September substantial number of small entities. sufficient time for the publishing of an 2, 2005 until 5 p.m. on September 4, This rule would affect the following

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entities, some of which might be small compliance on them. We have analyzed on the supply, distribution, or use of entities: the owners or operators of this rule under that Order and have energy. The Administrator of the Office vessels intending to transit or anchor in determined that it does not have of Information and Regulatory Affairs a portion of the Patuxent River during implications for federalism. has not designated it as a significant the event. energy action. Therefore, it does not Unfunded Mandates Reform Act This rule would not have a significant require a Statement of Energy Effects economic impact on a substantial The Unfunded Mandates Reform Act under Executive Order 13211. number of small entities for the of 1995 (2 U.S.C. 1531–1538) requires following reasons. This rule would be in Federal agencies to assess the effects of Technical Standards effect for only a limited period. Before their discretionary regulatory actions. In The National Technology Transfer the enforcement period, we will issue particular, the Act addresses actions and Advancement Act (NTTAA) (15 maritime advisories so mariners can that may result in the expenditure by a U.S.C. 272 note) directs agencies to use adjust their plans accordingly. State, local, or tribal government, in the voluntary consensus standards in their If you think that your business, aggregate, or by the private sector of regulatory activities unless the agency organization, or governmental $100,000,000 or more in any one year. provides Congress, through the Office of jurisdiction qualifies as a small entity Though this rule will not result in such Management and Budget, with an and that this rule would have a an expenditure, we do discuss the explanation of why using these significant economic impact on it, effects of this rule elsewhere in this standards would be inconsistent with please submit a comment (see preamble. applicable law or otherwise impractical. ADDRESSES) explaining why you think it Taking of Private Property Voluntary consensus standards are qualifies and how and to what degree technical standards (e.g., specifications this rule would economically affect it. This rule will not effect a taking of of materials, performance, design, or private property or otherwise have Assistance for Small Entities operation; test methods; sampling taking implications under Executive procedures; and related management Under section 213(a) of the Small Order 12630, Governmental Actions and systems practices) that are developed or Business Regulatory Enforcement Interference with Constitutionally adopted by voluntary consensus Fairness Act of 1996 (Pub. L. 104–121), Protected Property Rights. standards bodies. we want to assist small entities in Civil Justice Reform This rule does not use technical understanding the rule so that they standards. Therefore, we did not This rule meets applicable standards could better evaluate its effects on them consider the use of voluntary consensus in sections 3(a) and 3(b)(2) of Executive and participate in the rulemaking standards. process. If the rule would affect your Order 12988, Civil Justice Reform, to small business, organization, or minimize litigation, eliminate Environment ambiguity, and reduce burden. governmental jurisdiction and you have We have analyzed this rule under questions concerning its provisions or Protection of Children Commandant Instruction M16475.lD, options for compliance, please contact We have analyzed this rule under which guides the Coast Guard in the address listed under ADDRESSES. The complying with the National Coast Guard will not retaliate against Executive Order 13045, Protection of Children from Environmental Health Environmental Policy Act of 1969 small entities that question or complain (NEPA) (42 U.S.C. 4321–4370f), and about this rule or any policy or action Risks and Safety Risks. This rule is not an economically significant rule and have concluded that there are no factors of the Coast Guard. in this case that would limit the use of Small businesses may send comments does not create an environmental risk to a categorical exclusion under section on the actions of Federal employees health or risk to safety that may 2.B.2 of the Instruction. Therefore, this who enforce, or otherwise determine disproportionately affect children. rule is categorically excluded, under compliance with, Federal regulations to Indian Tribal Governments figure 2–1, paragraph (34)(h), of the the Small Business and Agriculture Instruction, from further environmental Regulatory Enforcement Ombudsman This rule does not have tribal documentation. Special local and the Regional Small Business implications under Executive Order regulations issued in conjunction with a Regulatory Fairness Boards. The 13175, Consultation and Coordination regatta or marine parade permit are Ombudsman evaluates these actions with Indian Tribal Governments, specifically excluded from further annually and rates each agency’s because it does not have a substantial analysis and documentation under that responsiveness to small business. If you direct effect on one or more Indian section. wish to comment on actions by tribes, on the relationship between the employees of the Coast Guard, call 1– Federal Government and Indian tribes, List of Subjects in 33 CFR Part 100 888–REG–FAIR (1–888–734–3247). or on the distribution of power and responsibilities between the Federal Marine safety, Navigation (water), Collection of Information Government and Indian tribes. Reporting and recordkeeping requirements, Waterways. This rule calls for no new collection Energy Effects of information under the Paperwork I For the reasons discussed in the Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under preamble, the Coast Guard amends 33 3520). Executive Order 13211, Actions CFR Part 100 as follows: Concerning Regulations That Federalism Significantly Affect Energy Supply, PART 100—SAFETY OF LIFE ON A rule has implications for federalism Distribution, or Use. We have NAVIGABLE WATERS under Executive Order 13132, determined that it is not a ‘‘significant Federalism, if it has a substantial direct energy action’’ under that order because I 1. The authority citation for part 100 effect on State or local governments and it is not a ‘‘significant regulatory action’’ continues to read as follows: would either preempt State law or under Executive Order 12866 and is not Authority: 33 U.S.C. 1233; Department of impose a substantial direct cost of likely to have a significant adverse effect Homeland Security Delegation No. 0170.1.

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I 2. Add temporary § 100.35–T05–090 to ACTION: Temporary final rule. marine information broadcasts and area read as follows: newspapers. SUMMARY: The Coast Guard is § 100.35–T05–090 Patuxent River, establishing temporary special local Background and Purpose Solomons, Maryland. regulations for ‘‘Ragin’ on the River’’, a On September 3 and 4, 2005, the (a) Definitions. (1) Coast Guard Patrol power boat race to be held on the waters Perryville Chamber of Commerce will Commander means a commissioned, of the Susquehanna River adjacent to sponsor the ‘‘Ragin’ on the River’’, on warrant, or petty officer of the Coast Port Deposit, Maryland. These special the waters of the Susquehanna River. Guard who has been designated by the local regulations are necessary to The event will consist of approximately Commander, Coast Guard Sector provide for the safety of life on 60 inboard hydroplanes and runabouts Baltimore. navigable waters during the event. This racing in heats counter-clockwise (2) Official Patrol means any vessel action is intended to restrict vessel around an oval racecourse. A fleet of assigned or approved by Commander, traffic in portions of the Susquehanna spectator vessels is expected to gather Coast Guard Sector Baltimore with a River adjacent to Port Deposit, Maryland nearby to view the competition. Due to commissioned, warrant, or petty officer during the power boat race. the need for vessel control during the on board and displaying a Coast Guard DATES: This rule is effective from 11:30 event, vessel traffic will be temporarily ensign. restricted to provide for the safety of (b) Regulated area includes all waters a.m. on September 3, 2005 to 6:30 p.m. on September 4, 2005. participants, spectators and transiting of the lower Patuxent River, near vessels. Solomons, Maryland, located between ADDRESSES: Documents indicated in this Fishing Point and the base of the preamble as being available in the Discussion of Rule breakwall marking the entrance to the docket are part of docket CGD05–05– The Coast Guard is establishing East Seaplane Basin at Naval Air Station 091 and are available for inspection or temporary special local regulations on Patuxent River. The regulated area is copying at Commander (oax), Fifth specified waters of the Susquehanna approximately 850 yards long and 700 Coast Guard District, 431 Crawford River adjacent to Port Deposit, yards wide, bounded by a line Street, Portsmouth, Virginia 23704– Maryland. The regulated area includes a ° ′ ″ connecting position, 38 17 58.4 N, 5004, between 9 a.m. and 2 p.m., section of the Susquehanna River ° ′ ″ 076 25 28 W; along the shoreline to Monday through Friday, except Federal approximately 3500 yards long, and ° ′ ″ ° ′ ″ 38 17 38.6 N, 076 25 47.7 W; thence to holidays. bounded in width by each shoreline. ° ′ ″ ° ′ ″ 38 17 51.5 N, 076 26 08.6 W; thence to The temporary special local regulations ° ′ ″ ° ′ ″ FOR FURTHER INFORMATION CONTACT: 38 18 10.7 N, 076 25 48.8 W; thence to D.M. Sens, Project Manager, Auxiliary will be enforced from 11:30 a.m. to 6:30 point of origin. All coordinates and Recreational Boating Safety Branch, p.m. on September 3 and 4, 2005, and reference Datum NAD 1983. at (757) 398–6204. will restrict general navigation in the (c) Special local regulations. (1) regulated area during the power boat SUPPLEMENTARY INFORMATION: Except for persons or vessels authorized race. Except for persons or vessels by the Coast Guard Patrol Commander, Regulatory Information authorized by the Coast Guard Patrol no person or vessel may enter or remain Commander, no person or vessel may We did not publish a notice of in the regulated area. enter or remain in the regulated area proposed rulemaking (NPRM) for this (2) The operator of any vessel in the during the enforcement period. regulated area must: regulation. Under 5 U.S.C. 553(b)(B), the (i) Stop the vessel immediately when Coast Guard finds that good cause exists Regulatory Evaluation directed to do so by any Official Patrol. for not publishing an NPRM. Because This rule is not a ‘‘significant (ii) Proceed as directed by any Official the event organizer provided the Coast regulatory action’’ under section 3(f) of Patrol. Guard late notice of the event, there is Executive Order 12866, Regulatory (d) Effective period. This section is not sufficient time for the publishing of Planning and Review, and does not effective from 9 a.m. on September 2, an NPRM before the event. The event require an assessment of potential costs 2005 to 5 p.m. on September 4, 2005. will take place on September 3 and 4, and benefits under section 6(a)(3) of that Dated: August 5, 2005. 2005. Publishing an NPRM would be Order. The Office of Management and L.L. Hereth, contrary to the public interest as there Budget has not reviewed it under that Rear Admiral, U.S. Coast Guard, Commander, is not sufficient time for a notice and Order. It is not ‘‘significant’’ under the Fifth Coast Guard District. comment period. Immediate action is regulatory policies and procedures of [FR Doc. 05–16414 Filed 8–17–05; 8:45 am] needed to protect the safety of life at sea the Department of Homeland Security BILLING CODE 4910–15–P from the danger posed by high-speed (DHS). power boats. For the safety concerns We expect the economic impact of noted, it is in the public interest to have this temporary rule to be so minimal DEPARTMENT OF HOMELAND the regulations in effect during the that a full Regulatory Evaluation under SECURITY event. the regulatory policies and procedures Under 5 U.S.C. 553(d)(3), the Coast of DHS is unnecessary. Coast Guard Guard finds that good cause exists for Although this regulation prevents making this rule effective less than 30 traffic from transiting a portion of the 33 CFR Part 100 days after publication in the Federal Susquehanna River adjacent to Port [CGD05–05–091] Register. Delaying the effective date Deposit, Maryland during the event, the would be contrary to the public interest, effect of this regulation will not be RIN 1625–AA08 since immediate action is needed to significant due to the limited duration Special Local Regulations for Marine ensure the safety of the event that the regulated area will be in effect Events; Susquehanna River, Port participants, spectator craft and other and the extensive advance notifications Deposit, MD vessels transiting the event area. that will be made to the maritime However advance notifications will be community via marine information AGENCY: Coast Guard, DHS. made to affected waterway users via broadcasts and area newspapers so

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mariners can adjust their plans employees of the Coast Guard, call 1– Federal Government and Indian tribes, accordingly. 888–REG–FAIR (1–888–734–3247). or on the distribution of power and responsibilities between the Federal Small Entities Collection of Information Government and Indian tribes. Under the Regulatory Flexibility Act This rule calls for no new collection Energy Effects (5 U.S.C. 601–612), we have considered of information under the Paperwork whether this rule would have a Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under significant economic impact on a 3520). Executive Order 13211, Actions substantial number of small entities. Federalism Concerning Regulations That The term ‘‘small entities’’ comprises Significantly Affect Energy Supply, small businesses, not-for-profit A rule has implications for federalism Distribution, or Use. We have organizations that are independently under Executive Order 13132, determined that it is not a ‘‘significant owned and operated and are not Federalism, if it has a substantial direct energy action’’ under that order because dominant in their fields, and effect on State or local governments and it is not a ‘‘significant regulatory action’’ governmental jurisdictions with would either preempt State law or under Executive Order 12866 and is not populations of less than 50,000. impose a substantial direct cost of likely to have a significant adverse effect The Coast Guard certifies under 5 compliance on them. We have analyzed on the supply, distribution, or use of U.S.C. 605(b) that this rule will not have this rule under that Order and have energy. The Administrator of the Office a significant economic impact on a determined that it does not have of Information and Regulatory Affairs substantial number of small entities. implications for federalism. has not designated it as a significant This rule will affect the following Unfunded Mandates Reform Act energy action. Therefore, it does not entities, some of which may be small require a Statement of Energy Effects entities: the owners or operators of The Unfunded Mandates Reform Act under Executive Order 13211. vessels intending to transit this section of 1995 (2 U.S.C. 1531–1538) requires Technical Standards of the Susquehanna River during the Federal agencies to assess the effects of event. their discretionary regulatory actions. In The National Technology Transfer particular, the Act addresses actions This rule will not have a significant and Advancement Act (NTTAA) (15 that may result in the expenditure by a economic impact on a substantial U.S.C. 272 note) directs agencies to use State, local, or tribal government, in the number of small entities for the voluntary consensus standards in their aggregate, or by the private sector of following reasons. This rule will be in regulatory activities unless the agency $100,000,000 or more in any one year. effect for only a short period, from 11:30 provides Congress, through the Office of Though this rule will not result in such a.m. to 6:30 p.m. on September 3 and 4, Management and Budget, with an an expenditure, we do discuss the 2005. Although the regulated area will explanation of why using these effects of this rule elsewhere in this apply to the entire width of the river, standards would be inconsistent with preamble. traffic may be allowed to pass through applicable law or otherwise impractical. the regulated area with the permission Taking of Private Property Voluntary consensus standards are technical standards (e.g., specifications of the Coast Guard Patrol Commander. This rule will not effect a taking of of materials, performance, design, or In the case where the Patrol Commander private property or otherwise have operation; test methods; sampling authorizes passage through the taking implications under Executive procedures; and related management regulated area during the event, vessels Order 12630, Governmental Actions and systems practices) that are developed or shall proceed at the minimum speed Interference with Constitutionally adopted by voluntary consensus necessary to maintain a safe course that Protected Property Rights. reduces wake near the race course. standards bodies. Before the enforcement period, we will Civil Justice Reform This rule does not use technical issue maritime advisories so mariners This rule meets applicable standards standards. Therefore, we did not can adjust their plans accordingly. in sections 3(a) and 3(b)(2) of Executive consider the use of voluntary consensus standards. Assistance for Small Entities Order 12988, Civil Justice Reform, to minimize litigation, eliminate Environment Under section 213(a) of the Small ambiguity, and reduce burden. Business Regulatory Enforcement We have analyzed this rule under Fairness Act of 1996 (Pub. L. 104–121), Protection of Children Commandant Instruction M16475.lD, we offered to assist small entities in We have analyzed this rule under which guides the Coast Guard in understanding the rule so that they Executive Order 13045, Protection of complying with the National could better evaluate its effects on them Children from Environmental Health Environmental Policy Act of 1969 and participate in the rulemaking Risks and Safety Risks. This rule is not (NEPA) (42 U.S.C. 4321–4370f), and process. an economically significant rule and have concluded that there are no factors Small businesses may send comments does not create an environmental risk to in this case that would limit the use of on the actions of Federal employees health or risk to safety that may a categorical exclusion under section who enforce, or otherwise determine disproportionately affect children. 2.B.2 of the Instruction. Therefore, this compliance with, Federal regulations to rule is categorically excluded, under the Small Business and Agriculture Indian Tribal Governments figure 2–1, paragraph (34)(h), of the Regulatory Enforcement Ombudsman This rule does not have tribal Instruction, from further environmental and the Regional Small Business implications under Executive Order documentation. Special local Regulatory Fairness Boards. The 13175, Consultation and Coordination regulations issued in conjunction with a Ombudsman evaluates these actions with Indian Tribal Governments, regatta or marine event permit are annually and rates each agency’s because it does not have a substantial specifically excluded from further responsiveness to small business. If you direct effect on one or more Indian analysis and documentation under those wish to comment on actions by tribes, on the relationship between the sections.

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Under figure 2–1, paragraph (34)(h), to exceed six (6) knots necessary to SUPPLEMENTARY INFORMATION: The NFIP of the Instruction, an ‘‘Environmental maintain a safe course that reduces enables property owners to purchase Analysis Check List’’ and a ‘‘Categorical wake near the race course. flood insurance which is generally not Exclusion Determination’’ are not (d) Enforcement period. This section otherwise available. In return, required for this rule. will be enforced from 11:30 a.m. to 6:30 communities agree to adopt and p.m. on September 3 and 4, 2005. If the List of Subjects in 33 CFR Part 100 administer local floodplain management races are postponed due to weather, aimed at protecting lives and new Marine safety, Navigation (water), then the temporary special local construction from future flooding. Reporting and recordkeeping regulations will be enforced during the Section 1315 of the National Flood requirements, Waterways. same time period on September 5, 2005. Insurance Act of 1968, as amended, 42 I For the reasons discussed in the Dated: August 5, 2005. U.S.C. 4022, prohibits flood insurance preamble, the Coast Guard amends 33 L.L. Hereth, coverage as authorized under the CFR part 100 as follows: Rear Admiral, U.S. Coast Guard, Commander, National Flood Insurance Program, 42 Fifth Coast Guard District. U.S.C. 4001 et seq.; unless an PART 100—SAFETY OF LIFE ON [FR Doc. 05–16415 Filed 8–17–05; 8:45 am] appropriate public body adopts NAVIGABLE WATERS BILLING CODE 4910–15–P adequate floodplain management I 1. The authority citation for part 100 measures with effective enforcement continues to read as follows: measures. The communities listed in DEPARTMENT OF HOMELAND this document no longer meet that Authority: 33 U.S.C. 1233, Department of Homeland Security Delegation No. 0170.1. SECURITY statutory requirement for compliance with program regulations, 44 CFR part I 2. Add a temporary section, § 100.35– Federal Emergency Management T05–091 to read as follows: 59 et seq. Accordingly, the communities Agency will be suspended on the effective date § 100.35–T05–091 Susquehanna River, in the third column. As of that date, Port Deposit, Maryland. 44 CFR Part 64 flood insurance will no longer be (a) Regulated area. The regulated area [Docket No. FEMA–7889] available in the community. However, is established for the waters of the some of these communities may adopt Susquehanna River, adjacent to Port Suspension of Community Eligibility and submit the required documentation Deposit, Maryland, from shoreline to of legally enforceable floodplain AGENCY: Federal Emergency shoreline, bounded on the south by the Management Agency, Emergency management measures after this rule is U.S. I–95 fixed highway bridge, and Preparedness and Response Directorate, published but prior to the actual bounded on the north by a line running Department of Homeland Security. suspension date. These communities southwesterly from a point along the will not be suspended and will continue ACTION: Final rule. shoreline at latitude 39°36′22″ N, their eligibility for the sale of insurance. ° ′ ″ longitude 076 07 08 W, thence to SUMMARY: This rule identifies A notice withdrawing the suspension of ° ′ ″ latitude 39 36 00 N, longitude communities, where the sale of flood the communities will be published in ° ′ ″ 076 07 46 W. All coordinates reference insurance has been authorized under the Federal Register. Datum NAD 1983. the National Flood Insurance Program In addition, the Federal Emergency (b) Definitions. (1) Coast Guard Patrol (NFIP), that are scheduled for Management Agency has identified the Commander means a commissioned, suspension on the effective dates listed special flood hazard areas in these warrant, or petty officer of the Coast within this rule because of communities by publishing a Flood Guard who has been designated by the noncompliance with the floodplain Insurance Rate Map (FIRM). The date of Commander, Coast Guard Sector management requirements of the the FIRM if one has been published, is Baltimore. program. If the Federal Emergency indicated in the fourth column of the (2) Official Patrol means any vessel Management Agency (FEMA) receives assigned or approved by Commander, table. No direct Federal financial documentation that the community has assistance (except assistance pursuant to Coast Guard Sector Baltimore with a adopted the required floodplain commissioned, warrant, or petty officer the Robert T. Stafford Disaster Relief management measures prior to the and Emergency Assistance Act not in on board and displaying a Coast Guard effective suspension date given in this ensign. connection with a flood) may legally be rule, the suspension will not occur and provided for construction or acquisition (c) Special local regulations. (1) a notice of this will be provided by Except for persons or vessels authorized of buildings in the identified special publication in the Federal Register on a flood hazard area of communities not by the Coast Guard Patrol Commander, subsequent date. no person or vessel may enter or remain participating in the NFIP and identified EFFECTIVE DATES: in the regulated area. The effective date of for more than a year, on the Federal (2) The operator of any vessel in the each community’s scheduled Emergency Management Agency’s regulated area must stop the vessel suspension is the third date (‘‘Susp.’’) initial flood insurance map of the immediately when directed to do so by listed in the third column of the community as having flood-prone areas any Official Patrol. following tables. (section 202(a) of the Flood Disaster (3) All persons and vessels must ADDRESSES: If you wish to determine Protection Act of 1973, 42 U.S.C. comply with the instructions of the whether a particular community was 4106(a), as amended). This prohibition Official Patrol. The operator of a vessel suspended on the suspension date, against certain types of Federal in the regulated area shall stop the contact the appropriate FEMA Regional assistance becomes effective for the vessel immediately when instructed to Office or the NFIP servicing contractor. communities listed on the date shown do so by the Official Patrol and then FOR FURTHER INFORMATION CONTACT: in the last column. The Administrator proceed as directed. When authorized to Michael M. Grimm, Mitigation Division, finds that notice and public comment transit the regulated area, all vessels 500 C Street, SW., Room 412, under 5 U.S.C. 553(b) are impracticable shall proceed at a minimum speed not Washington, DC 20472, (202) 646–2878. and unnecessary because communities

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listed in this final rule have been Flexibility Act because the National the Paperwork Reduction Act, 44 U.S.C. adequately notified. Flood Insurance Act of 1968, as 3501 et seq. Each community receives a 6-month, amended, 42 U.S.C. 4022, prohibits 90-day, and 30-day notification letter flood insurance coverage unless an List of Subjects in 44 CFR Part 64 addressed to the Chief Executive Officer appropriate public body adopts Flood insurance, Floodplains. that the community will be suspended adequate floodplain management unless the required floodplain measures with effective enforcement I Accordingly, 44 CFR part 64 is management measures are met prior to measures. The communities listed no amended as follows: the effective suspension date. Since longer comply with the statutory these notifications have been made, this requirements, and after the effective PART 64—[AMENDED] final rule may take effect within less date, flood insurance will no longer be than 30 days. available in the communities unless I 1. The authority citation for part 64 they take remedial action. continues to read as follows: National Environmental Policy Act Authority: 42 U.S.C. 4001 et seq.; This rule is categorically excluded Regulatory Classification Reorganization Plan No. 3 of 1978, 3 CFR, from the requirements of 44 CFR part This final rule is not a significant 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 10, Environmental Considerations. No regulatory action under the criteria of 3 CFR, 1979 Comp.; p. 376. environmental impact assessment has section 3(f) of Executive Order 12866 of been prepared. September 30, 1993, Regulatory § 64.6 [Amended] Planning and Review, 58 FR 51735. Regulatory Flexibility Act I 2. The tables published under the The Administrator has determined Paperwork Reduction Act authority of § 64.6 are amended as that this rule is exempt from the This rule does not involve any follows: requirements of the Regulatory collection of information for purposes of

Date certain Federal assistance no Community Effective date authorization/cancellation of Current effec- longer State and location No. sale of flood insurance in community tive map date available in special flood hazard areas

Region VII Nebraska: Bristow, Village of, 310012 January 13, 1976, Emerg; June 3, 1986, Reg; August 18, 08/18/05 08/18/05 Boyd County. 2005, Susp. Creighton, City of, Knox Coun- 310360 June 6, 1996, Emerg; September 1, 1996, Reg; August 18, 08/18/05 08/18/05 ty. 2005, Susp. Crofton, City of, Knox County 310361 July 9, 1976, Emerg; September 1, 1986, Reg; August 18, 08/18/05 08/18/05 2005, Susp. Lynch, Village of, Boyd Coun- 310013 November 21, 1975, Emerg; June 15, 1988, Reg; August 08/18/05 08/18/05 ty. 18, 2005, Susp. Niobrara, Village of, Knox 310132 July 25, 1974, Emerg; August 19, 1986, Reg; August 18, 08/18/05 08/18/05 County. 2005, Susp. Spencer, Village of, Boyd 310399 July 9, 1976, Emerg; September 24, 1984, Reg; August 18, 08/18/05 08/18/05 County. 2005, Susp. Verdigre, Village of, Knox 310133 May 16, 1975, Emerg; September 1, 1986, Reg; August 18, 08/18/05 08/18/05 County. 2005, Susp. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: August 11, 2005. DEPARTMENT OF THE INTERIOR sunflower) from the List of Endangered Michael K. Buckley, and Threatened Plants pursuant to the Acting Deputy Director, Mitigation Division, Fish and Wildlife Service Endangered Species Act of 1973, as Emergency Preparedness and Response amended (Act), because recovery Directorate. 50 CFR Part 17 actions have secured a number of [FR Doc. 05–16381 Filed 8–17–05; 8:45 am] RIN 1018–AJ08 populations and identified additional BILLING CODE 9110–12–P populations not previously known. Endangered and Threatened Wildlife Therefore, the threatened designation no and Plants; Removal of Helianthus longer correctly reflects the current eggertii (Eggert’s Sunflower) From the status of this plant. This action is based Federal List of Endangered and on a review of all available data, which Threatened Plants indicate that the species is now AGENCY: Fish and Wildlife Service, protected on Federal, State, and county Interior. lands; is more widespread and abundant ACTION: Final rule. than was documented at the time of listing; and is more resilient and less SUMMARY: We, the U.S. Fish and vulnerable to certain activities than Wildlife Service (Service), are removing previously thought. Due to the recent the plant Helianthus eggertii (Eggert’s development of a management plan for

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H. eggertii, a management plan for the been made since 1990, when extensive species appears to be relatively high and barrens/woodland ecosystem, and an searches for the species began (Jones that the highest levels of genetic Integrated Natural Resources 1991; USFWS 1999a). The species is diversity occur in the southern portion Management Plan at the U.S. Air Force’s commonly associated with the barrens/ of the species’ range. Cruzan (2002) also Arnold Engineering and Development woodland ecosystem, a complex of concluded that the range of H. eggertii Center, on whose land a significant generally subxeric (somewhat dry) plant is not geographically subdivided into number of sites/populations occur, new communities maintained by drought distinct genetic units. management practices will include and fire with a grassy ground cover and H. eggertii is a hexaploid (composed managing for, and monitoring the areas scattered medium-to-small-canopy trees of cells that have six chromosome sets) that contain, this species. Occurrences (USFWS 1999a). sunflower, and, although its of H. eggertii are also found on six other H. eggertii is a tall plant, growing up distinctiveness as a species has been Federal, State, or county lands, five of to 2.5 meters (8 feet), with round stems established by morphological studies which now have conservation arising from fleshy rhizomes (lateral (USFWS 1999a) and biochemical agreements with us to protect, manage, storage stems that grow along or just studies (Spring and Schilling 1991), it and monitor the species. The remaining below the soil’s surface). The stems and probably outcrosses (breeds with less site is jointly owned by the Kentucky upper leaf surfaces have a blue-waxy closely related individuals) with other State Nature Preserves Commission and coloration and the lower leaf surfaces hexaploid sunflowers (Jones 1991). It is The Nature Conservancy and has a are conspicuously whitened (Jones not known how commonly outcrossing dedicated conservation easement and a 1991). It has opposite (rarely whorled) occurs and to what degree this can management plan in place to protect H. leaves that are sessile (without a stalk), eventually degrade the genetic integrity eggertii. lanceolate (lance-shaped) to narrowly of the species. Helianthus strumosus At the time of listing, there were 34 ovate (egg-shaped) in shape, and are (pale-leaved woodland sunflower), known H. eggertii sites occurring in 1 either scabrous (rough) or glabrous occasionally found in association with county in Alabama, 5 counties in (smooth) on the upper surface. Leaf H. eggertii, has been identified as a Kentucky, and 8 counties in Tennessee. edges are smooth or minutely toothed, sunflower with a compatible ploidy The species was not defined in terms of and the tip is usually pointed. Large (number of sets of chromosomes) level ‘‘populations’’ at that time. Increased yellow flowers 8 centimeters (3 inches) (Jones 1991). knowledge of H. eggertii and its habitat in diameter are borne on the upper third H. eggertii typically occurs on rolling- has resulted in increased success in of the stem. Seeds are blackish or to-flat uplands and in full sun or partial locating new plant sites. Presently, there grayish and mottled, 5 to 6 millimeters shade. It is often found in open fields or are 287 known H. eggertii sites (making (0.20 to 0.24 inch) long, faintly striated in thickets along woodland borders and up 73 populations) distributed across 3 (striped), and with a few scattered hairs. with other tall herbs and small trees. It counties in Alabama, 9 counties in Flowering begins in early August and persists in, and may even invade, Kentucky, and 15 counties in continues through mid-September and roadsides, power line rights-of-way, or Tennessee. Consequently, H. eggertii is achenes (small, dry, hard, one-celled, fields that have suitable open habitat. not likely to become endangered within one-seeded fruit that stays closed at The distribution of this species shows a the foreseeable future throughout all or maturity) mature from early September strong correlation with the barrens (and a significant portion of its range and, to early October (Jones 1991). Jones similar habitats) of the Interior Low therefore, is no longer considered to be (1991) observed fruit set at between 5 Plateau Physiographic Province, with threatened. and 25 seeds per flower head. some records from the Cumberland Originally, seed germination rates were Plateau Section of the Appalachian DATES: This final rule is effective thought to be low (rarely exceeding 25 Plateau Physiographic Province. September 19, 2005. percent), possibly requiring exposure to When H. eggertii was listed as ADDRESSES: Comments and materials cold to break dormancy (USFWS 1999a). threatened in 1997, it was known from received, as well as supporting However, recent data suggest that seed only 1 site in 1 county in Alabama, 13 documentation used in preparation of germination rates are relatively high sites in 5 counties in Kentucky, and 20 this final rule, are available for public (around 65 percent) if the seeds go sites in 8 counties in Tennessee. While inspection, by appointment, during through a stratification process (a period the species was not defined in terms of normal business hours at the Tennessee of cold weather, moisture, and darkness ‘‘populations’’ at that time, the Alabama Field Office, U.S. Fish and Wildlife needed to break dormancy) (Cruzan site was described as vigorous, while Service, 446 Neal Street, Cookeville, 2002). most sites in Kentucky contained less Tennessee 38501. This sunflower develops an extensive than 15 stems, with 4 sites having 5 or You may obtain copies of the final rhizome system that may result in the fewer stems, and about 50 percent of the rule from the field office address above, production of dense clusters or patches Tennessee sites contained fewer than 20 by calling 931–528–6481, or from our of stems. These rhizomes can live for stems (62 FR 27973; May 22, 1997). Web site at http://cookeville.fws.gov. many years. Because of this extensive When the recovery plan for this species FOR FURTHER INFORMATION CONTACT: rhizome system, the plant does not have was finalized in 1999, there was 1 Timothy Merritt, Tennessee Field Office to produce seeds every year to ensure its known site in Alabama, 27 sites in 6 (telephone 931–528–6481, extension survival. If environmental conditions counties in Kentucky, and 203 sites in 211; facsimile 931–528–7075). change (e.g., increased competition, 12 counties in Tennessee. SUPPLEMENTARY INFORMATION: shading, etc.), it can survive for several The term ‘‘population,’’ as it relates to years by vegetative means, as Jones H. eggertii, was first defined in the Background (1991) has noted in several populations. recovery plan as ‘‘a group of plants that Helianthus eggertii (Eggert’s Plants may also be established from is isolated by geographic discontinuity sunflower) is a perennial member of the seeds within these patches, so a mix of or a distance of one-half mile’’ (USFWS aster family (Asteraceae) known only different individuals can eventually 1999a). Recent studies on H. eggertii from Alabama, Kentucky, and contribute to these extensive patches genetics by Cruzan (2002) suggested that Tennessee. Although it was originally (Jones 1991). Cruzan (2002) concluded a population of fewer than 100 described in 1897, most collections have that the level of genetic diversity in this flowering stems is unlikely to be

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sufficiently large enough to maintain finalized within 2 years be withdrawn. decision included a determination that genetic diversity, while more recently On December 10, 1979 (44 FR 70796), the designation of critical habitat was Starnes (2004) has stated that we published a notice withdrawing all not prudent for H. eggertii. populations larger than 50 stems plant species proposed in the June 16, The final recovery plan for H. eggertii showed a ‘‘high amount of genetic 1976, rule. The revised Notice of Review was completed in December 1999. The diversity.’’ Cruzan (2002) also estimated for Native Plants published on recovery plan provides the following a reasonable fragmentation threshold of December 15, 1980 (45 FR 82480), criteria to consider H. eggertii for 1 kilometer (km) (0.6 mile (mi)); that is, included H. eggertii as a category 2 delisting: (1) The long-term sites within that distance of each other species. Category 2 species were conservation/protection of 20 were close enough to exchange genetic described as those taxa for which the geographically distinct, self-sustaining material. The further use of the term Service had information indicating that populations (distributed throughout the ‘‘population’’ in this document proposing to list them as endangered or species’ range or as determined by indicates a site, or sites, that threatened might be appropriate, or for genetic uniqueness) must be provided cumulatively have more than 100 which substantial data on biological through management agreements or flowering plants and that do not occur vulnerability and threats were not conservation easements on public land more than 1 km (0.6 mi) apart. Based on known at the time or were not on file or land owned by private conservation 2004 data from the Alabama, Kentucky, to support the listing. It was groups, and (2) these populations must and Tennessee Natural Heritage subsequently retained as a category 2 be under a management regime Programs and the Service, there are 10 species when the Notice of Review for designed to maintain or improve the known sites in 3 counties in north Native Plants was revised in 1983 (48 habitat and each population must be Alabama, 33 sites in 9 counties in FR 53640), 1985 (50 FR 39526), and stable or increasing for 5 years. There central Kentucky, and 244 sites in 15 1990 (55 FR 6184). are presently 27 populations that are counties in middle Tennessee (Alabama All plant taxa included in the under a management regime that Natural Heritage Database 2003, 2004; comprehensive plant notices are treated benefits the species and that occur on Kentucky Natural Heritage Database as if under a petition. Section 4(b)(3)(B) public land or land owned by a private 2003, 2004; Tennessee Natural Heritage of the Act, as amended in 1982, requires conservation group (i.e., The Nature Database 2003, 2004; Service the Secretary to make certain findings Conservancy (TNC)). These are unpublished data). Applying the on pending petitions within 12 months geographically distinct (separated by definition above to the current situation of their receipt. Section 2(b)(1) of the more than 1 km (0.6 mi)), and self- for this species, Alabama has 7 1982 amendments further requires that sustaining (greater than 100 flowering populations, Kentucky has 18 all petitions pending as of October 13, stems). These populations are scattered populations, and Tennessee has 48 1982, be treated as having been newly throughout the species’ historic range. populations; 27 of these 73 populations submitted on that date. This was the We have 5 years of monitoring data on occur on public lands. Furthermore, the case for H. eggertii because of the each of the 27 populations that show total of 287 currently known sites of H. acceptance of the 1975 Smithsonian they are stable or increasing. We have eggertii far exceeds the 34 sites known report as a petition. In 1983, we found finalized cooperative management at the time the species was listed. that the petition calling for the listing of agreements with Kentucky H. eggertii was not warranted because of Transportation Cabinet (KTC) (1 Previous Federal Actions insufficient data on its distribution, population), Tennessee Wildlife Federal actions on this species began vulnerability, and degrees of threat. We Resources Agency (TWRA) (8 in 1973, when the Act (16 U.S.C. 1531 funded a survey in 1989 to determine populations), City of Nashville’s A.G. et seq.) was passed. Section 12 of the the status of H. eggertii in Alabama, Beaman Park (AGBP) (2 populations), Act directed the Secretary of the Kentucky, and Tennessee. In 1990, the TNC’s Baumberger Barrens (1 Smithsonian Institution to prepare a Service had not yet received the results population), Arnold Air Force Base report on those plants considered to be of the survey we had funded, and it was (AAFB) (11 populations), and Mammoth endangered, threatened, or extinct. This believed that additional surveys of Cave National Park (MCNP) (3 report, designated as House Document potential habitat and further populations) for the long-term No. 9451, was presented to Congress on identification of threats were needed protection of H. eggertii. These January 9, 1975. On July 1, 1975, we before a decision could be made on cooperative management agreements published a notice in the Federal whether to propose listing the species. will remain in place even if the species Register (40 FR 27823) that formally In 1991, we accepted a final report on is delisted. The Kentucky State Nature accepted the Smithsonian report as a these surveys (Jones 1991). Information Preserves Commission (KSNPC) and petition within the context of section contained in the 1991 final report TNC each hold a 50 percent undivided 4(c)(2) (now section 4(b)(3)) of the Act. completed informational gaps and interest in the Eastview Barrens in By accepting this report as a petition, provided what was then thought to be Hardin County, Kentucky. There is a we also acknowledged our intention to sufficient data to warrant preparation of permanent conservation easement for review the status of those plant taxa a proposed rule to list the species. H. the Eastview Barrens as well as a named within the report. Helianthus eggertii was accepted as a category 1 management plan to protect and eggertii was included in the species on August 30, 1993, and was maintain the barrens, which includes Smithsonian report and also in the July included in the revised Notice of one population of H. eggertii. 1, 1975, Notice of Review (FR 27823). Review for Native Plants published on Other Federal involvement with H. On June 16, 1976, we published a notice September 30, 1993 (58 FR 51144). On eggertii subsequent to listing has in the Federal Register (41 FR 24523) September 9, 1994 (59 FR 46607), we included funding for recovery activities that determined approximately 1,700 published a proposal to list H. eggertii such as surveys for new locations, vascular plant taxa, including H. as a threatened species. A final rule monitoring of known populations, eggertii, to be endangered pursuant to placing H. eggertii on the Federal List of population and ecological genetics section 4 of the Act. Endangered and Threatened Plants as a studies, and collection and analysis of The 1978 amendments to the Act threatened species was published on ecological and biological data. We have required that all proposals that were not May 22, 1997 (62 FR 27973). That also been involved with the

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development of the Eggert’s Sunflower In accordance with our peer review (1 population), AAFB (11 populations), Management Plan, Barrens Management policy published on July 1, 1994 (59 FR and MCNP (3 populations) for the long- Plan, and the Integrated Natural 34270), we solicited independent term protection of H. eggertii. These Resources Management Plan for AAFB opinions from three knowledgeable cooperative management agreements in Tennessee. All of these plans address individuals who have expertise with the will remain in place after the species is H. eggertii and its habitat (see species, who are within the geographic delisted. The KSNPC and TNC each discussion under Factor A). We have region where the species occurs, and/or hold a 50 percent undivided interest in evaluated potential impacts to this are familiar with the principles of the Eastview Barrens in Hardin County, species from 262 Federal actions. The conservation biology. We received Kentucky. There is a conservation majority of these actions were highway comments from all three of the peer easement for the Eastview Barrens as and pipeline projects. We have reviewers, all of whom are employed by well as a management plan to protect conducted two formal consultations, State agencies, which are included in and maintain the barrens, which one resulting in a ‘‘no effect’’ to the the summary below and are includes one population of H. eggertii. species finding and the other a ‘‘not incorporated into the final rule. This conservation easement is more likely to jeopardize the continued We reviewed all comments received restrictive than our cooperative existence’’ of the species finding. No from the peer reviewers and the public management agreements. plants were adversely affected by either for substantive issues and new (3) Comment: The commenter project. information regarding the proposed suggests that the Service work with the On October 12, 2000, the Southern delisting of H. eggertii. Substantive Tennessee Department of Appalachian Biodiversity Project filed comments received during the comment Transportation (TDOT) to develop and suit against us, challenging our period have been addressed below and, maintain rights-of-way mowing regimes determination that designation of where appropriate, incorporated similar to those developed in Kentucky critical habitat for H. eggertii was not directly into this final rule. The and Alabama to benefit existing prudent (Southern Appalachian comments are grouped below according occurrences of H. eggertii along Biodiversity Project v. U.S. Fish and to peer review or public comments. Tennessee’s transportation rights-of- Wildlife Service et al. (CN 2:00–CV–361 way. Peer Review/State Comments (E.D. Tenn.). On November 8, 2001, the Response: None of the 27 populations District Court for the Eastern District of (1) Comment: The commenter that occur on public lands are in rights- Tennessee issued an order directing us concurred with our reasons for of-ways maintained by the State to reconsider our previous prudency proposing to remove H. eggertii from the highway departments. The Service will determination and submit a new List of Endangered and Threatened continue to work with State highway prudency determination for H. eggertii Plants pursuant to the Act. The departments to adopt a rights-of-way no later than December 29, 2003. On commenter stated that H. eggertii was mowing regime that would be favorable January 8, 2004, the court extended the indeed more widespread and abundant to H. eggertii. However, these sites are submission deadline to March 30, 2004. than previously known at the time of its not required in order to meet the On April 5, 2004, we published a listing and that it was also more delisting requirements for this species. proposal in the Federal Register (69 FR resilient and less vulnerable to certain (4) Comment: The Tennessee 17627) to delist H. eggertii. In that habitat-altering activities than Department of Environment and proposal, we submitted a new prudency previously believed. The species Conservation (TDEC) manages the Carter determination in which we determined appears to be sufficiently protected on Cave State Natural Area in Franklin that designation of critical habitat for H. Federal, State, county, and private County, Tennessee. A population of H. eggertii would not be prudent. conservation lands. The commenter eggertii occurs on this land. There was concurred that the species now meets no mention in the proposed rule of a Summary of Comments and the recovery criteria as defined in the cooperative management agreement Recommendations species’ recovery plan. being pursued with TDEC for this site. In the April 5, 2004, proposed rule, Response: We appreciate the support Response: We visited the Carter Cave we requested that all interested parties we have received from our Federal, State Natural Area site on August 8, submit comments or information State, and private partners and 2003. We counted 250 total stems, concerning the proposed delisting of acknowledge their role in this joint including 150 flowering stems. Helianthus eggertii (69 FR 17627). We effort to recover and delist this species. However, the entire stand appeared to provided notification of this document (2) Comment: Although the 27 have hybrid characteristics. We could through e-mail, telephone calls, letters, protected populations under a not find any individuals that we could and news releases faxed and/or mailed management regime are distributed clearly determine to be pure H. eggertii. to the appropriate Federal, State, and across the species’ known range, the We believe that further research needs local agencies, county governments, commenter believes that cooperative to be conducted to determine if this site elected officials, media outlets, local management agreements should be contains any pure H. eggertii before a jurisdictions, scientific organizations, pursued prior to removal of the species’ cooperative management agreement is interest groups, and other interested protection under the Act in order to pursued. Since we need only 20 parties. We also provided the document ensure population persistence. protected populations to meet the on the Service’s Tennessee Field Office Response: We have completed delisting criteria and we have 27 Internet site following its release. cooperative management agreements for protected populations, it was not We accepted public comments on the 26 of the 27 populations on public lands necessary to complete an agreement for proposal for 60 days, ending June 4, and a conservation easement for 1 this site before H. eggertii could be 2004. By that date, we received population on land owned by a private delisted. We will pursue an agreement comments from two parties, specifically conservation group (i.e., TNC). We have if it is determined that the site does one Federal agency and one nonprofit finalized cooperative management contain non-hybridized H. eggertii. organization. One commenter supported agreements with KTC (1 population), (5) Comment: The commenter the proposed delisting, and one was TWRA (8 populations), AGBP (2 believes that the agencies which have opposed. populations), TNC Baumberger Barrens signed cooperative management

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agreements need to continue reporting Kentucky, and Tennessee, since we barrens habitat, barrens have also the status of populations in Kentucky revisited many of these sites and received some ancillary protection by over the next few years. verified their findings. the listing of H. eggertii. For example, Response: Under the Act, the status of (9) Comment: The unprotected AAFB, which contains the largest all species that are delisted due to populations of H. eggertii will continue known concentration of H. eggertii (11 recovery must be monitored for at least to exist only if there is sufficient populations), has developed and 5 years. The Service is committed to ‘‘natural’’ barrens habitat available, or if implemented a barrens restoration plan conducting at least 5 years of there is sufficient human-caused that includes protections for many of monitoring of these 27 populations of H. disturbance in the near vicinity of the the species normally associated with a eggertii to ensure that the species populations. barrens habitat, including H. eggertii. remains stable or improving. (For more Response: There are presently 73 We concur that the barrens habitat information, see the Post-delisting populations of H. eggertii occurring in needs to be protected, and we are Monitoring section later in this notice). Alabama, Tennessee, and Kentucky. The working with our partners to protect If the monitoring data show that the majority of these populations occur this habitat type along with H. eggertii. species is declining, there is a along roadsides and power line right-of- However, our current actions have mechanism for emergency re-listing of ways. Most of these sites receive enabled us to meet the delisting criteria the species. periodic mowing, which appears to be in the recovery plan and we believe that (6) Comment: The commenter sufficient disturbance for the H. eggertii this species no longer needs the believes that the inclusion of the at these sites to continue to exist. We protections of the Act. relocated H. eggertii at the U.S. Army have cooperative management (12) Comment: One commenter noted Corps of Engineers (USACE) property at agreements in place for all of the 27 that because there has been no Nolin Lake should not be considered a populations on public lands. These determination of the optimal habitat for functioning population, since this was a agreements ensure that these seedling establishment, the actions preliminary experiment to determine populations of H. eggertii will be required under the recovery plan have whether this species could be relocated. properly managed. This exceeds the not been met. Response: Personnel with the USACE number of protected populations (20) Response: We have met the recovery were contacted concerning the relocated required in the recovery plan for criteria outlined in the recovery plan for H. eggertii at Nolin Lake in Kentucky. delisting. delisting this species. While not every They advised us that in about 1999– (10) Comment: One commenter noted recovery task has been completed, we 2000, approximately 120 stems were that attempting to protect a plant have taken the steps necessary to ensure moved onto Nolin Lake property from a species by maintaining only a few the long-term conservation/protection of highway project 0.8 km (0.5 mi) off of populations on public land is like trying 27 populations of H. eggertii that are the USACE property. There are to protect endangered mammals by only distributed throughout its range. The presently about 136 stems at the Nolin keeping a few breeding pairs in zoos, recovery plan only requires 20 Lake site. We concur that this site, at and not worrying about those in the populations. Recent research has shown this time, should not be considered a wild. These efforts are rarely successful. that genetic diversity was high at both functioning population and, as such, Response: The 27 protected MCNP (3 populations) and AAFB (11 have not included it in the 27 populations on public lands are in populations) (Starnes 2004). Starnes populations that are being protected and habitat that is as wild and natural as that (2004) found that the high genetic managed under a cooperative of any of the other 46 populations that diversity observed suggests that while management agreement. occur on private lands. We have clones may exist in a population, (7) Comment: The commenter exceeded the delisting criteria of 20 seedling establishment is actively believes that pertinent literature for the protected populations. Even though the putting new genetically diverse delisting proposal should be populations on private lands do not individuals into a population. Starnes’ comprehensive, and should have have cooperative management results showed that the current included the 1994 journal article on agreements, it is highly unlikely that all management strategies (burning and ‘‘The status of Helianthus eggertii Small of these 46 populations that are not mowing) are suitable for protecting this in the southeastern United States’’ in covered by an agreement will disappear. species. We have incorporated these two Castanea 59(4):319–330. Many of these populations occur along management strategies into each of the Response: The references listed were road and power line rights-of-way and cooperative management agreements in only those that were cited in the receive periodic maintenance that keeps place for the 27 H. eggertii populations proposed rule. It was not intended to be these areas open and free of trees. All of on publicly owned lands. a complete list of pertinent literature for the 46 populations have 100 or more (13) Comment: Cruzan (2002) the species. flowering stems. However, even if we suggested that populations with less (8) Comment: One commenter noted lose all the 46 populations, we still have than 100 stems are unlikely to be self- that several other species of sunflowers, enough protected populations on public sustaining, but there are no data to especially Helianthus strumosus, can be lands to delist the species and ensure its suggest what is sufficient. More research easily misidentified as H. eggertii, and continued survival. is required to determine what some populations that are attributed to constitutes a viable population before H. eggertii may be of hybrid origin. Public Comments delisting proceeds. Response: We are aware that there are (11) Comment: One commenter noted Response: The recovery plan requires other species of sunflowers similar to H. that the protection of barrens habitat self-sustaining populations. As defined eggertii and have even observed hybrid was overlooked in the proposal to delist in the recovery plan, a self-sustaining sunflowers in the field. However, we H. eggertii. population is one that is self- were diligent in identifying and Response: Protection under section 4 regenerating and maintains sufficient counting only those sites that contained of the Act is limited to listed species genetic variation to enable it to survive true H. eggertii. We also have and designated critical habitat (which and respond to natural habitat changes. confidence in the identifications made was not designated for this plant). Cruzan (2002) suggested that less than by State botanists for Alabama, However, since H. eggertii does occur on 100 flowering stems within an isolated

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1 km (0.6 mi) radius are ‘‘unlikely to be or remove a species from the Federal and Development Center, pers. comm. sufficiently large for the maintenance of List of Endangered and Threatened 2003). Many of the known H. eggertii genetic diversity’’ and included areas of Wildlife and Plants. These five factors sites occur along road and power line 100 or more flowering stems within a 1 and their application to Helianthus rights-of-way. This is probably due to km radius in the study area into his eggertii are as follows: the disturbance of these areas from estimation of functional A. The present or threatened continual maintenance activities. Plants metapopulations. Furthermore, in a destruction, modification, or will not grow and flower well in very more recent study, Starnes (2004) stated curtailment of its habitat or range. In deep shade (i.e., 80 percent shade). that a ‘‘high amount of genetic diversity 1997, when H. eggertii was listed as Moderate levels of shade (from 40 to 60 [was] seen in populations larger than 50 threatened, most of the 34 known sites percent) where H. eggertii normally stems.’’ The recovery plan also requires of this species were thought to be occurs do not appear to have large that these populations must be under a threatened with destruction or negative consequences for its growth or management regime designed to modification of their habitat. It was reproduction (Cruzan 2002). Cruzan estimated that over 50 percent of the maintain or improve the habitat and (2002) also found that H. eggertii known sites were threatened by the each population must be stable or competes well against other more encroachment of more competitive increasing for 5 years. Based on the best widespread species under full sunlight available science, we believe that a herbaceous vegetation and/or woody and 60 percent shade conditions, a fact population of H. eggertii that contains plants that produce shade and compete that was not known at the time of 100 flowering stems or more and has with this species for limited water and listing. been stable or improving for the past 5 nutrients. Active management was years meets the definition of a self- listed as a requirement to ensure the At the time of listing, we did not fully sustaining population. We have 27 plant’s continued survival at all sites. understand that H. eggertii could readily populations throughout the range of the Since most of the sites where this adapt to certain manmade disturbances species (Alabama, Kentucky, and species survives are not natural barrens, that are replacing the dwindling natural Tennessee) that are self-sustaining, but areas such as rights-of-way or barrens. We originally thought the based on the above definition, and are similar habitats that mimic barrens, species was restricted to these natural protected through cooperative direct destruction of this habitat for barren areas. When H. eggertii was management agreements on public commercial, residential, or industrial listed, manmade areas were thought to lands. The recovery plan only requires development or intensive rights-of-way be low-quality sites where the species 20 protected populations to meet the maintenance (e.g., herbicide use) was was making a last-ditch effort to survive. delisting criteria. Further, while we use thought to be a significant threat to the Upon discovering that manmade sites the more conservative minimum known sites at the time of listing. were a significant habitat that H. eggertii number of flowering stems (i.e., 100) to Overall, the activities affecting the was exploiting and in which it was define a self-sustaining population, it is species’ habitat, such as encroachment thriving, we began finding a significant important to note that all of the 27 of more competitive vegetation, direct number of new sites. In fact, since populations we have identified consist destruction of habitat for commercial listing, an additional 253 sites have of well over 100 flowering stems. and residential development, intensive been found that contain the species (14) Comment: The Tennessee rights-of-way maintenance, and (Alabama Natural Heritage Database National Guard (TNG) expressed its conversion of barrens habitat to 2003, 2004; Kentucky Natural Heritage support of the proposed removal of H. croplands, pasture, or development, Database 2003, 2004; Tennessee Natural appear to have changed very little since eggertii from the Federal List of Heritage Database 2003, 2004; Service listing. However, the risk that those Endangered and Threatened Plants and unpublished data). The species is also threats pose for H. eggertii’s survival its belief that the existing Barrens more widespread than originally Restoration and Management Plan, and conservation are considerably less thought, occurring in 3 counties in Integrated Natural Resources than what was understood at the time of Alabama, 9 counties in Kentucky, and Management Plan, Eggert’s Sunflower listing. H. eggertii appears to respond 15 counties in Tennessee. The number Management Plan, and the Cooperative favorably to mild-to-moderate types of of stems has also increased dramatically Management Agreement between AAFB disturbance. One site that occurs in from the time of listing. In Alabama, the and the Service will ensure the long- Coffee County, Tennessee, was known one site known at the time of listing was term protection of H. eggertii. to have hundreds of stems in 1998, Response: We appreciate the before the site was clearcut. In 2000, described as vigorous; presently, there opportunity to work with the TNG to TDEC found that there were very few are 10 sites and 7 have more than 100 recover H. eggertii. We concur that the plants left, and it was thought that the stems (Alabama Natural Heritage Barrens Restoration and Management logging had resulted in the destruction Database 2003, 2004; Service Plan, Integrated Natural Resource of the plants at this site. However, in unpublished). In Kentucky, most of the Management Plan, Eggert’s Sunflower 2003, we found that the site had 1,578 13 original sites at the time of listing Management Plan, and the cooperative total stems, including 951 flowering contained fewer than 15 stems and 4 management agreement with AAFB will stems. Logging had only a temporary sites had fewer than 5 stems. Presently ensure the long-term protection of H. negative effect, and the land disturbance in Kentucky, there are 33 known sites; eggertii on AAFB property, including resulted in greatly increasing the 18 of these sites have more than 100 the TNG training area. population size and vigor of the plants stems, and are now considered viable at this site (Service, unpublished data). populations (Kentucky Natural Heritage Summary of Factors Affecting the This same phenomenon has occurred on Database 2003, 2004). In Tennessee, Species AAFB. Pine stands that had few to no about one-half of the 20 original sites at Section 4(a)(1) of the Act and the H. eggertii had been clearcut, followed the time of listing contained fewer than regulations (50 CFR part 424) issued to by either the new appearance of H. 20 stems. Currently in Tennessee, there implement the listing provisions of the eggertii or a significant increase in are 244 known sites, 63 of which have Act set forth five criteria to be used in population size and vigor of existing more than 100 stems and are now determining whether to add, reclassify, plants (K. Fitch, Arnold Engineering considered viable populations

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(Tennessee Natural Heritage Database long-term survival of H. eggertii is monitor the H. eggertii population that 2003, 2004; Service unpublished data). periodic burning, mowing, or thinning occurs on this site. Of the 287 sites where H. eggertii is of the competing vegetation. KTC has TNC of Kentucky and the State of known to occur in Alabama, Kentucky, signed a management agreement with us Kentucky each own 50 percent of a site and Tennessee, 126 (which make up 27 to maintain, enhance, and monitor H. known as Eastview Barrens. One total populations) are in public eggertii on its property (41 acres, one population of H. eggertii occurs at ownership or on land owned by TNC population) which includes restoring Eastview Barrens. These two and are being managed to protect the barrens habitat by thinning the existing landowners are working together to species. Protection for the species will trees near H. eggertii occurrences, manage the barrens on this site by continue on these sites after it is conducting periodic prescribed burns, removing woody species, conducting delisted. AAFB has 115 of these sites and monitoring the success of these periodic prescribed burns, and (11 populations) and is the largest management practices to refine them if preventing and removing invasive Federal landowner harboring this necessary. plants to ensure the native barrens species. Protection and management The Alabama and Tennessee State species, including H. eggertii, are strategies for H. eggertii are covered by Departments of Transportation are maintained and protected. This site is AAFB’s Integrated Natural Resources working with us to develop and protected by a conservation easement Management Plan (INRMP), a Barrens maintain roadside mowing regimes that that will protect the natural barrens and Management Plan (BMP), and a separate would benefit existing H. eggertii sites. H. eggertii in perpetuity for the citizens Eggert’s Sunflower Management Plan This will also encourage new of Kentucky. (ESMP). The INRMP, BMP, and ESMP establishment of plants along road The large increase in new H. eggertii are active management plans that rights-of-way by reducing the competing sites (253) since listing, the increased understanding of the plant’s provide for the long-term conservation vegetation and keeping the areas open. adaptability, and the protection and of this species by focusing on restoring TWRA, which owns four wildlife management provided by State and barrens habitat and maintaining the management areas that contain eight H. Federal landowners and necessary ecological processes in eggertii populations, is managing these nongovernmental organizations have led habitats the species requires. These areas for small game, which indirectly us to conclude that the threats to H. processes include various silvicultural benefits this species by keeping the area eggertii’s habitat have been adequately treatments (e.g., clearcuts, marked in early successional vegetation. TWRA addressed and habitat destruction is no thinning, and row thinning), prescribed has signed a Cooperative Management burning, and invasive pest plant longer considered to be a threat to the Agreement with us to provide for the management (e.g., manual removal and species. long-term protection of H. eggertii on its herbicide spot application). Regardless B. Overutilization for commercial, lands. This agreement, like agreements of the Federal status of H. eggertii, the recreational, scientific, or educational with Federal agencies, involves habitat BMP, ESMP, and INRMP will continue purposes. We have no documented management activities such as to provide for the protection and evidence, records, or information to prescribed burns, tree thinning, and management of this species (U.S. Air indicate that overutilization for invasive plant removal, and monitoring Force (USAF) 2001, 2002). AAFB also commercial, recreational, scientific, or the plants and their habitat to ensure the recently signed a Cooperative educational purposes is a threat to H. protection and management of these Management Agreement with us to eggertii. We have found no records of further ensure the protection of H. sites regardless of the Federal status of unauthorized collection during our eggertii populations on its property even H. eggertii Similarly, we have signed a literature review or in discussions with after delisting. In Kentucky, MCNP has Cooperative Management Agreement researchers. This species is not believed three populations. MCNP is actively with the City of Nashville, Metro Parks to be a significant component of the managing H. eggertii populations and and Recreation, which owns and commercial trade in native plants, and has implemented a prescribed burning operates A.G. Beaman Park in Davidson overutilization does not constitute a regime to provide for the long-term County, Tennessee. AGBP contains two threat for this species. protection of this species. In 2004, we populations of H. eggertii This park is C. Disease or predation. Disease has signed a 10-year Cooperative new and plans are being developed for been observed by the Service and other Management Agreement with MCNP to future uses such as hiking trails, picnic observers on small numbers of H. provide long-term protection of the areas, park headquarters, and eggertii plants (T. Gulya, U.S. three H. eggertii populations occurring maintenance buildings. The Cooperative Department of Agriculture, pers comm. on Park property. These populations, Management Agreement will ensure that 2004). This disease is believed to be a and the barrens habitats on which they AGBP and the Service will continue to rust fungus of either the Puccinia or occur, will be sustained by work together to protect the existing H. Coleosporium genera (T. Gulya, pers implementing habitat management eggertii populations regardless of the comm. 2004). This rust attacks the activities, such as prescribed burns, tree species’ Federal status. vegetation and causes orange-to-brown thinning, and invasive plant removal, TNC in Kentucky owns a site known pustules (raised bumps or areas) on the and will be monitored. These as Baumberger Barrens, which contains surfaces. It does not appear to kill the cooperative management agreements one population of H. eggertii. TNC has plants, and we do not believe that it is will aid in sustaining H. eggertii an existing management plan for the a threat to the species’ existence. populations on these Federal lands barrens that includes H. eggertii. The Predation from insects and herbivores regardless of the Federal status of this site is undergoing management, such as has also been noted on small isolated species. removal of woody species, periodic patches of H. eggertii. These incidents H. eggertii is an early successional prescribed burns, and invasive plant appear to result from normal species and, while historic barrens removal, to ensure the native barrens environmental conditions. Because of habitat is becoming increasingly rare, species, including H. eggertii, are the ability of this plant to sprout stems this species readily responds to barrens maintained and protected. We signed a from rhizomes, the small amount of restoration activities and colonizes 10-year Cooperative Management predation observed does not pose a manmade disturbed areas. The key to Agreement with TNC to manage and threat to this species.

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D. The inadequacy of existing plants are found, H. eggertii is throughout 27 counties in 3 States. This regulatory mechanisms. The Act does adequately protected by other laws. Air makes the likelihood of a drought not provide protection for plants on Force Instruction 32–7064 at 7.1.1 adversely affecting all the known sites private property unless the landowner’s provides the same protection for much less than originally thought, when activity is federally funded or requires candidate and State listed species as for there were only 34 known sites. Also, Federal approval. In all three States federally listed species ‘‘when there are 7 populations in Alabama, 18 (Alabama, Kentucky, and Tennessee), practical’’ on AAFB. It is our populations in Kentucky, and 48 plants have no direct protection under understanding that the State of populations in Tennessee, for a total of State law on private property. Plants on Tennessee has no plans to delist H. 73 populations that have more than 100 private property are afforded ancillary eggertii in the immediate future. In flowering stems. The recovery plan protection under State criminal trespass addition, as mentioned previously, H. criterion requires only 20 populations to laws. Once this delisting rule is in eggertii is covered under three be considered for delisting. Cruzan effect, the only change to the protection management plans covering AAFB (2002) suggested that 100 flowering of H. eggertii on private land would be (INRMP, BMP, and ESMP), all of which stems or more were needed to maintain that we would no longer consult under will continue for some years regardless genetic diversity and prevent inbreeding section 7 of the Act for the activities that of whether the species is delisted. depression within a population. are federally funded or require Federal TWRA has a rule (1660–1–14–.14) that Inbreeding depression due to low approval. However, there are enough protects all vegetation on designated numbers of individuals per population populations of H. eggertii on public wildlife management areas from take is no longer a threat to H. eggertii. We lands (27 populations) to afford the regardless of its State or Federal status. believe the known number of sites, the long-term conservation of this species There are eight known populations of H. numbers of existing populations, and based on the recovery criteria (20 eggertii that occur on four different State their distribution are sufficient to populations) in the recovery plan. The wildlife management areas managed by protect against potential catastrophic recovery criteria called for the 20 the TWRA (Service unpublished data events (e.g., drought) and no longer populations to be distributed 2004). We mentioned in error 10 consider such events to be a threat to throughout the species’ historical range populations in our proposed rule. There this species. There are no other natural and, based on the number and were only 7 populations known at the or manmade factors known to affect the distribution of populations known at time of the proposed rule (69 FR 17627), continued existence of H. eggertii; that time, determined that the relative and now there are 8 with the additional therefore, we do not believe these proportions would be 1 population in one discovered on Laurel Hill Wildlife factors will affect the continued Alabama, 3 populations in Kentucky, Management Area in 2004. On public existence of this species. and 16 populations in Tennessee. lands in Kentucky, every natural Summary of Findings Although none of the seven populations component is considered public domain in Alabama are currently under a and is, therefore, protected from take According to 50 CFR 424.11(d), a management plan, we believe that the under State law. Kentucky has three species may be delisted if the best current distribution of populations populations of H. eggertii that occur on scientific and commercial data available under such plans meets the intent of the State-owned public lands. This State substantiate that the species is neither recovery criteria because they are law will remain in effect regardless of endangered nor threatened because of ‘‘distributed throughout the species’ whether this species remains federally (1) extinction, (2) recovery, or (3) error historical range,’’ including populations listed or not. in the original data for classification of that occur near the Tennessee/Alabama The Act protects plants on private the species. border. lands only if the actions which might We have carefully assessed the best Section 9(a)(2)(B) of the Act prohibits adversely impact them are conducted, scientific and commercial information removal and possession of endangered permitted, or funded by a Federal available regarding the past, present, plants from areas under Federal agency, or constitute criminal trespass and future threats faced by Helianthus jurisdiction. Kentucky has 4 or theft of the plants. The limited eggertii. Based on surveys conducted in populations and Tennessee has 11 protection afforded by the Act under 2001, 2002, 2003, and 2004, we populations of H. eggertii that occur on these circumstances would be lost conclude that the threatened Federal lands. None of the seven through delisting, and other existing designation no longer correctly reflects populations in Alabama occurs on regulations do not provide complete the current status of this plant. Relative public lands. H. eggertii sites on MCNP protection to all existing habitat on to the information available at the time in Kentucky are also protected from take private lands. However, we believe the of listing, recovery actions have resulted by Code of Federal Regulations (CFR), significant protections afforded to the 27 in new information that shows a Title 36, Volume 1, which protects all populations occurring on public lands significant (1) expansion in the species’ plants on Department of the Interior are adequate to ensure those known range, (2) increase in the number lands. We have Cooperative populations of H. eggertii remain viable, of known sites, and (3) increase in the Management Agreements with the and such populations by themselves number of individual plants. MCNP and AAFB. These agreements meet or exceed the recovery goals listed Furthermore, recovery efforts have provide for the management and in the recovery plan. provided increased attention and focus protection of these important H. eggertii E. Other natural or manmade factors on this species. This in turn has led to sites, regardless of the Federal status of affecting its continued existence. greater protection for the species such the species. Both the plant and its Extended drought conditions and an that the recovery criteria in the recovery habitat will be protected, managed, and increase in the potential for inbreeding plan for this species have been met. monitored under these agreements. depression due to dwindling numbers After conducting a review of the On public lands in Tennessee and were thought to affect the continued species’ status, we have determined that Kentucky, on which 27 populations existence of H. eggertii at the time of the species is not in danger of extinction (composed of 126 of the 287 known listing. The known sites of H. eggertii throughout all or a significant portion of sites, and including the 15 populations have now increased in number to 287 its range, nor is it likely to become in on Federal lands just discussed) of the (73 populations) and are scattered danger of extinction within the

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foreseeable future throughout all or a implement provisions of the Paperwork U.S. Air Force. 2002. Barrens Management significant portion of its range. Given Reduction Act (44 U.S.C. 3501 et seq.), Plan for Arnold Air Force Base. Tullahoma, the expanded range, number of newly require that Federal agencies obtain Tennessee. 63 pp. discovered population locations and approval from OMB before collecting U.S. Air Force. 2001. Eggert’s Sunflower individuals, the increased knowledge of (Helianthus eggertii) Management Plan for information from the public. This rule Arnold Air Force Base. Tullahoma, the genetics of this species, and the does not contain any new collections of Tennessee. 47 pp. protection offered by State and Federal information that require approval by the U.S. Fish and Wildlife Service. 1999a. landowners, we conclude, based on the Office of Management and Budget Recovery Plan for Helianthus eggertii best scientific and commercial (OMB) under the Paperwork Reduction Small (Eggert’s sunflower). Atlanta, information, that H. eggertii does not Act. This rule will not impose Georgia. 40 pp. warrant the protection of the Act. recordkeeping or reporting requirements U.S. Fish and Wildlife Service. 1999b. Therefore, we are removing H. eggertii on State or local governments, Endangered and Threatened Wildlife and from the Federal List of Endangered and individuals, businesses, or Plants 50 CFR 17.11 and 17.12; As of Threatened Plants. December 31, 1999. Special Reprint. U.S. organizations. An agency may not Government Printing Office. p. 56. Effect of This Rule conduct or sponsor, and a person is not required to respond to, a collection of Author This rule will revise 50 CFR 17.12(h) information unless it displays a The primary author of this proposed to remove Helianthus eggertii from the currently valid OMB control number. List of Endangered and Threatened rule is Timothy Merritt (see ADDRESSES Plants. Because no critical habitat was National Environmental Policy Act section). ever designated for this species, this We have determined that we do not List of Subjects in 50 CFR Part 17 rule will not affect 50 CFR 17.96. need to prepare an Environmental Once this species is removed from the Endangered and threatened species, Assessment, as defined by the National List of Endangered and Threatened Exports, Imports, Reporting and Environmental Policy Act of 1969, in Plants, Endangered Species Act recordkeeping requirements, connection with regulations adopted protection will no longer apply. Transportation. pursuant to section 4(a) of the Removal of H. eggertii from the List of Endangered Species Act. We published Regulation Promulgation Endangered and Threatened Plants will a notice outlining our reasons for this relieve Federal agencies from the need I For the reasons given in the preamble, determination in the Federal Register to consult with us to insure that any we amend part 17, subchapter B of on October 25, 1983 (48 FR 49244). action they authorize, fund, or carry out chapter I, title 50 of the Code of Federal is not likely to jeopardize the continued References Cited Regulations, as set forth below: existence of this species. Alabama Natural Heritage Database. 2003. PART 17—[AMENDED] Post-Delisting Monitoring Alabama Natural Heritage Program, Montgomery, Alabama. I 1. The authority citation for part 17 The 1988 amendments to the Act Alabama Natural Heritage Database. 2004. continues to read as follows: (section 4(g)(1)) require us to implement Alabama Natural Heritage Program, a system, in cooperation with the States, Montgomery, Alabama. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. to monitor all species that have been Cruzan, M.B. 2002. Population and 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– delisted due to recovery for at least 5 Ecological Genetics of Helianthus eggertii 625, 100 Stat. 3500; unless otherwise noted. years following delisting. The purpose Report. Prepared for Arnold Engineering § 17.12 [Amended] of this post-delisting monitoring (PDM) Development Center at Arnold Air Force is to verify that a species that is delisted Base. I 2. Amend § 17.12(h) by removing the Jones, R.L. 1991. Status report on Helianthus entry ‘‘Helianthus eggertii’’ under due to recovery remains secure from the eggertii. Prepared for the U.S. Fish and risk of extinction after it no longer has ‘‘Flowering Plants’’ from the List of Wildlife Service, Asheville Field Office, Endangered and Threatened Plants. the protections of the Act. If the species through the Kentucky State Nature does not remain secure, we can use the Preserves Commission. Dated: July 20, 2005. emergency listing authorities under Kentucky Natural Heritage Database. 2003. Marshall Jones, section 4(b)(7) of the Act. Section 4(g) of Kentucky State Nature Preserves Acting Director, Fish and Wildlife Service. Commission, Frankfort, Kentucky. the Act explicitly requires cooperation [FR Doc. 05–16274 Filed 8–17–05; 8:45 am] Kentucky Natural Heritage Database. 2004. with the States in development and BILLING CODE 4310–55–P implementation of PDM programs. Kentucky State Nature Preserves Commission, Frankfort, Kentucky. However, we are responsible for Spring, O., and E.E. Schilling. 1991. The compliance with section 4(g) and must sesquiterpene lactone chemistry of DEPARTMENT OF COMMERCE remain actively engaged in all phases of Helianthus Sect. Atrorubentes (Asteraceae: the PDM. Heliantheae). Biochemical Systematices National Oceanic and Atmospheric The Service has drafted a PDM plan and Ecology 19:59–79. Administration for Eggert’s sunflower and is making it Starnes, J.H. 2004. Effects of Management available for review and comment in a and Population Size on Genetic Diversity 50 CFR Part 635 separate notice in this issue of the of Eggert’s Sunflower (Helianthus eggertii; Asteraceae). Master Thesis. Western Federal Register (see the Notices section [I.D. 080405B] of today’s Federal Register). Following Kentucky University. 62 pp. Tennessee Natural Heritage Database. 2003. the end of the comment period, any Tennessee Department of Environment and Atlantic Highly Migratory Species; comments will be incorporated as Conservation, Division of Natural Heritage, Atlantic Bluefin Tuna Fisheries appropriate into the final PDM plan. Nashville, Tennessee. AGENCY: National Marine Fisheries Paperwork Reduction Act of 1995 Tennessee Natural Heritage Database. 2004. Tennessee Department of Environment and Service (NMFS), National Oceanic and Office of Management and Budget Conservation, Division of Natural Heritage, Atmospheric Administration (NOAA), (OMB) regulations at 5 CFR 1320, which Nashville, Tennessee. Commerce.

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ACTION: Temporary rule; inseason DATES: The effective dates for BFT daily options related to a recommendation of retention limit adjustment. retention limits are provided in Table 1 the International Commission for the under SUPPLEMENTARY INFORMATION. Conservation of Atlantic Tunas (ICCAT) SUMMARY: NMFS has determined that FOR FURTHER INFORMATION CONTACT: Brad regarding a four-year average, 8 percent the daily Atlantic bluefin tuna (BFT) McHale, 978–281–9260. tolerance on harvest of school BFT. retention limits for the Atlantic tunas SUPPLEMENTARY INFORMATION: Numerous comments were received on General and Highly Migratory Species Regulations implemented under the this issue as well as a wide range of (HMS) Charter/Headboat categories authority of the Atlantic Tunas topics, including inseason management should be adjusted. The adjustment will Convention Act (16 U.S.C. 971 et seq.) measures for the General and HMS allow maximum utilization of the and the Magnuson-Stevens Fishery Charter/Headboat categories throughout General category September time-period Conservation and Management Act the 2005 fishing year. Section 635.27 subquota, and will enhance recreational (Magnuson-Stevens Act; 16 U.S.C. 1801 subdivides the U.S. BFT quota BFT fishing opportunities aboard HMS et seq.) governing the harvest of BFT by recommended by the ICCAT among the Charter/Headboat vessels in the later persons and vessels subject to U.S. various domestic fishing categories. portion of the season. Therefore, NMFS jurisdiction are found at 50 CFR part Daily Retention Limits increases the daily BFT retention limits 635. The 2005 BFT fishing year began to provide enhanced commercial on June 1, 2005, and ends May 31, 2006. Pursuant to this action and the final General category and recreational HMS The final initial 2005 BFT specifications initial 2005 BFT specifications, noted Charter/Headboat fishing opportunities and General category effort controls above, the daily BFT retention limits for in all areas while minimizing the risk of were provided on June 7, 2005 (70 FR Atlantic tunas General, HMS Charter/ an overharvest of the General and 33033). During this rulemaking, NMFS Headboat, and HMS Angling categories Angling category BFT quotas. specifically requested comment on are as follows:

TABLE 1. EFFECTIVE DATES FOR RETENTION LIMIT ADJUSTMENTS

Permit Category Effective Dates Areas BFT Size Class Limit

General August 1 through September 30, All Two BFT per vessel per day/trip, 2005, inclusive measuring 73 inches (185 cm) curved fork length (CFL) or larger

October 1, 2005, through January All One BFT per vessel per day/trip, 31, 2006, inclusive measuring 73 inches (185 cm) CFL or larger

Charter/Headboat August 1 - 31, 2005, inclusive All One BFT per vessel per day/trip, measuring 27 to less than 73 inches (69 to less than 185 cm) CFL

September 1 - 30, 2005, inclusive All Three BFT per vessel per day/ trip, measuring 27 to less than 73 inches (69 to less than 185 cm) CFL. Of the three BFT, a maximum of two BFT are allowed per vessel per day/trip measuring 27 to less than 47 inches (69 to less than 119 cm) CFL

October 1, 2005, through May All One BFT per vessel per day/trip, 31, 2006, inclusive measuring 27 to less than 73 inches (119 to less than 185 cm) CFL

Angling June 1, 2005, through May 31, All One BFT per vessel per day/trip, 2006, inclusive measuring 27 to less than 73 inches (69 to less than 185 cm) CFL

Adjustment of General Category Daily 33039), NMFS adjusted the commercial through January 31, 2006, inclusive, the Retention Limits daily BFT retention limit, in all areas, General category daily BFT retention for those vessels fishing under the limit was scheduled to revert to one Under 50 CFR 635.23(a)(4), NMFS General category quota, to two large large medium or giant BFT per vessel may increase or decrease the General medium or giant BFT, measuring 73 per day/trip. category daily retention limit of large inches (185 cm) or greater curved fork medium and giant BFT over a range The June through August time-period length (CFL), per vessel per day/trip. from zero (on Restricted Fishing Days) subquota allocation for the 2005 fishing This retention limit was to remain in to a maximum of three per vessel to year totaled approximately 540 metric effect through August 31, 2005, allow for maximum utilization of the tons (mt). As of August 5, 2005, 32.5 mt quota for BFT. On June 7, 2005 (70 FR inclusive. From September 1, 2005, have been landed in the General

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category and catch rates equal fishing opportunities, to help achieve for vessels permitted in the HMS approximately 0.5 mt per day. If catch optimum yield in the General category Charter/Headboat category, reverted rates are to remain at current levels, BFT fishery, to collect a broad range of back to one school, large school, or approximately 13 mt would be landed data for stock monitoring purposes, and small medium BFT, per vessel per day/ during the remainder of August. This to be consistent with the objectives of trip. This default daily retention limit projection would bring the June though the HMS FMP. was scheduled to remain in place August time-period subquota landings Adjustment of HMS Charter/Headboat through May 31, 2006, inclusive. to approximately 45 mt, resulting in an Permit Category Daily Retention Limits Based on available quota, historical underharvest of approximately 500 mt. information regarding fish migration This carryover combined with the A recommendation of ICCAT requires patterns, BFT availability off the east September time-period subquota that NMFS limit the catch of school coast, particularly off the mid-Atlantic allocation of 270 mt would allow for BFT, measuring 27 to less than 47 states, and current recreational BFT 770 mt to be harvested in the month of inches (69 to less than 119 cm) CFL, to September. In combination with an no more than 8 percent by weight of the catch information derived from the expected subquota rollover from the total domestic landings quota over each Maryland BFT tagging program and June through August time-period, the four-consecutive-year period. NMFS is Automated Landing Reporting System September time-period subquota implementing this ICCAT (ALRS), NMFS has determined that a allocation, current catch rates, and the recommendation through annual and modest increase in the daily retention daily retention limit reverting to one inseason adjustments to the school BFT limit, of a limited duration, is large medium or giant BFT per vessel retention limits, as necessary, and appropriate for HMS Charter/Headboat per day on September 1, 2005, NMFS through the establishment of a school permitted vessels. NMFS deemed this anticipates the full September time- BFT reserve (64 FR 29090, May 28, modest increase as appropriate because period subquota will not be harvested. 1999; 64 FR 29806, June 3, 1999). The of concerns regarding how the default This could result in a potential ICCAT recommendation allows for one BFT retention limit might impact excessive rollover into the October interannual adjustments for charterboat operations late in the season through January time-period. Adding an overharvests and underharvests, particularly where long distances must excessive amount of unused quota from provided that the 8 percent landings be traveled to locate BFT as well as a one time-period subquota to the limit is not exceeded over the applicable concern that a recreational retention subsequent time period subquota is four-consecutive-year period. The 2005 limit of less than three BFT per vessel undesirable because it effectively fishing year is the third year in the per day/trip may not provide reasonable changes the time-period subquota current accounting period. This multi- fishing opportunities for charter/ allocation percentages established in the year block quota approach provides headboats, which carry multiple fee- HMS Fishery Management Plan (FMP). NMFS with the flexibility to enhance paying passengers. Thus, NMFS adjusts This issue has been discussed fishing opportunities and to collect the daily BFT retention limit, in all extensively during public comment information on a broad range of BFT areas, for vessels permitted in the HMS periods for annual BFT quota size classes while minimizing the risk of Charter/Headboat category, effective specification and during HMS Advisory overharvest of the school size class. September 1, 2005, through September Panel meetings. Implementing regulations for the 30, 2005, inclusive, to three BFT per Therefore, based on a review of dealer Atlantic tuna fisheries at § 635.23 set the vessel per day/trip, consisting of BFT reports, daily landing trends, available daily recreational retention limits for measuring 27 to less than 73 inches (69 quota, and the availability of BFT on the BFT and allow for adjustments to the to less than 185 cm) CFL in the school, fishing grounds, NMFS has determined daily recreational retention limits in large school, or small medium size that an increase in the General category order to provide for maximum classes. Of the three BFT, a maximum daily BFT retention limit effective from utilization of the Angling category quota of two school BFT are allowed per September 1, 2005, through September over the longest possible period of time. vessel per day/trip, measuring 27 to less 30, 2005, inclusive, is warranted. Thus, NMFS may increase or decrease the than 47 inches (69 to less than 119 cm) the general category daily retention retention limit for any size class BFT or CFL. limit of two large medium or giant BFT change a vessel trip limit to an angler limit or vice versa. Such adjustments to Effective October 1, 2005, through per vessel per day/trip (see Table 1) will May 31, 2006, the default daily be extended through September 30, the retention limits may be applied recreational retention limit of one 2005. Starting on October 1, 2005, separately for persons aboard a specific school, large school, or small medium through January 31, 2006, inclusive, the vessels type, such as private vessels, BFT measuring 27 to less than 73 inches General category default daily BFT headboats and charter boats. (69 to less than 185 cm) CFL, per vessel retention limit of one large medium or On June 7, 2005 (70 FR 33039), NMFS per day/trip will apply in all areas, for giant BFT per vessel per day/trip will adjusted the daily recreational retention all vessels permitted in the HMS apply. It is highly likely that, with a limit, in all areas, for vessels permitted Charter/Headboat category. combination of the default retention in the HMS Charter/Headboat category, limit starting on October 1, 2005, and to three BFT per vessel per day/trip, HMS Angling Category Daily Retention the large amount of General category consisting of BFT measuring 27 to less Limits quota available, there will be sufficient than 73 inches (69 to less than 185 cm) quota for the coastwide General category CFL in the school, large school, or small For privately owned and operated season to extend into the winter months medium size classes. Of the three BFT, recreational vessels, permitted in the and allow for a southern Atlantic fishery a maximum of two school BFT were HMS Angling category, the daily to take place on an order of magnitude allowed per vessel per day/trip, recreational retention limit will remain of prior years. measuring 27 to less than 47 inches (69 at one school, large school, or small The intent of this adjustment is to to less than 119 cm) CFL. This retention medium BFT measuring 27 to less than allow for maximum utilization of the limit remained in effect through July 31, 73 inches (69 to less than 185 cm) CFL, U.S. landings quota of BFT while 2005, inclusive. Starting on August 1, per vessel per day/trip effective June 1, maintaining an equitable distribution of 2005, inclusive, the daily retention limit 2005 through May 31, 2006, inclusive.

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Monitoring and Reporting Classification show that a limited increase in the recreational BFT retention limit is NMFS selected the daily retention The Assistant Administrator for Fisheries, NOAA (AA), finds that it is possible for the HMS Charter/Headboat limits and their duration after fleet while minimizing risks of examining current and previous fishing impracticable and contrary to the public interest to provide prior notice of, and exceeding the ICCAT allocated quota year catch and effort rates, taking into and the school limit recommendation. consideration public comment on the an opportunity for public comment on, options to achieve the ICCAT this action. Delays in increasing the retention recommended four-year average 8 NMFS has recently become aware of limits would be contrary to the public percent tolerance on harvest of school increased availability of large medium interest. Such delays would adversely BFT, and inseason management and giant BFT on the New England affect those General and HMS Charter/ measures for the General and HMS fishing grounds. This increase in Headboat category vessels that would Charter/Headboat categories received abundance provides the potential to otherwise have an opportunity to during the 2005 BFT quota increase General category landings rates harvest more than one BFT per day and specifications rulemaking process, and for the New England fishery if would further exacerbate the problem of analyzing the available quota for the participants are authorized to harvest quota rollovers, and/or lack of booked 2005 fishing year. NMFS will continue two large medium or giant BFT per day. charters. Limited opportunities to access Also, since the end of the 2005 BFT to monitor the BFT fishery closely the respective quotas may have negative specification comment period to the through dealer landing reports, the social and economic impacts to U.S. present day, the HMS Management ALRS, state harvest tagging programs in fishermen that either depend on Division has continued to receive more North Carolina and Maryland, and the catching the available quota within the information refining its understanding Large Pelagics Survey. Depending on time-periods designated in the HMS of both the commercial and charter/ the level of fishing effort and catch rates FMP, or depend on multiple BFT headboat sectors’ specific needs of BFT, NMFS may determine that retention limits to attract individuals to regarding BFT retention limits. The additional retention limit adjustments book charters. For both the General and regulations implementing the HMS FMP are necessary to ensure available quota the HMS Charter/Headboat sectors, an provide for inseason retention limit is not exceeded or, to enhance scientific adjustment to the retention limits needs adjustments in order to respond to the to be done as expeditiously as possible data collection from, and fishing unpredictable nature of BFT availability opportunities in, all geographic areas. for the impacted sectors to benefit from on the fishing grounds, the migratory the adjustment. Additionally, NMFS may determine that nature of this species, and the regional an allocation from the school BFT variations in the BFT fishery. Therefore, the AA finds good cause reserve is warranted to further fishery Adjustment of retention limits is also under 5 U.S.C. 553(b)(B) to waive prior management objectives. necessary in order to avoid excessive notice and the opportunity for public Closures or subsequent adjustments to quota rollovers to subsequent General comment. For all of the above reasons, the daily retention limits, if any, will be category time-period subquotas. and because this action relieves a published in the Federal Register. In Recreational size class BFT restriction (i.e., current, default addition, fishermen may call the traditionally start to migrate during the retention limit is one fish per vessel/trip Atlantic Tunas Information Line at (888) early fall and are currently available in but this action relaxes that limit and 872–8862 or (978) 281–9260 for updates the northern area. NMFS has already allows retention of more fish), there is on quota monitoring and retention limit provided a window of enhanced fishing also good cause under 5 U.S.C. 553(d) adjustments. All BFT landed under the opportunities to HMS Charter/Headboat to waive the 30-day delay in Angling category quota must be reported vessels operating off the coast of mid- effectiveness. within 24 hours of landing to the NMFS Atlantic states from mid-June through This action is being taken under 50 ALRS via toll-free phone at (888) 872– July. In order to balance concerns CFR 635.23(a)(4) and is exempt from 8862; or the Internet regarding continued utilization of review under Executive Order 12866. www.nmfspermits.com; or, if landed in available quota with not exceeding Authority: 16 U.S.C. 971 et seq. and 1801 the states of North Carolina or allotted amounts providing for et seq. Maryland, to a reporting station prior to reasonable fishing opportunities along offloading. Information about these state the entire Atlantic coast, NMFS needs to Dated: August 12, 2005. harvest tagging programs, including act promptly to provide enhanced Anne M. Lange, reporting station locations, can be fishing opportunities to northern area Acting Director, Office of Sustainable obtained in North Carolina by calling fishermen similar to those previously Fisheries, National Marine Fisheries Service. (800) 338–7804, and in Maryland by provided to the mid-Atlantic area. [FR Doc. 05–16386 Filed 8–15–05; 3:54 pm] calling (410) 213–1531. Preliminary recreational BFT data also BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 70, No. 159

Thursday, August 18, 2005

This section of the FEDERAL REGISTER • Federal eRulemaking Portal: Go to inadequate surveillance for BSE. contains notices to the public of the proposed http://www.regulations.gov and follow Paragraph (a)(3) of § 94.18 lists regions issuance of rules and regulations. The the instructions for locating this docket that present a minimal risk of purpose of these notices is to give interested and submitting comments. introducing BSE into the United States. persons an opportunity to participate in the Other Information: All comments Except for certain controlled transit rule making prior to the adoption of the final rules. submitted in response to this proposal, movements, § 94.18(b) prohibits the as well as analyses for this proposal, are importation of meat, meat products, and available at the EDOCKET Web site most other edible products of ruminants DEPARTMENT OF AGRICULTURE shown above and our reading room. The that have been in any region listed in reading room is located in room 1141 of § 94.18(a)(1) or (a)(2) and restricts the Animal and Plant Health Inspection the USDA South Building, 14th Street importation of those commodities from Service and Independence Avenue, SW., any region listed in § 94.18(a)(3). Washington, DC. Normal reading room In an interim rule published in the 9 CFR Part 94 hours are 8 a.m. to 4:30 p.m., Monday Federal Register on October 16, 2001 through Friday, except holidays. To be (66 FR 52483–52484, Docket No. 01– [Docket No. 05–004–1] sure someone is there to help you, 094–1), and effective on September 10, 2001, we amended the regulations by RIN 0579–AB93 please call (202) 690–2817 before coming. You may also view APHIS adding Japan to the list in § 94.18(a)(1) Importation of Whole Cuts of Boneless documents published in the Federal of regions where BSE exists. That action Beef from Japan Register and related information on the was prompted by the confirmation of Internet at http://www.aphis.usda.gov/ BSE in a native-born animal in Japan. AGENCY: Animal and Plant Health ppd/rad/webrepor.html. The effect of the interim rule was to Inspection Service, USDA. FOR FURTHER INFORMATION CONTACT: Dr. prohibit the importation of ruminants ACTION: Proposed rule. Gary Colgrove, Director, National Center that have been in Japan, as well as meat, for Import and Export, VS, APHIS, 4700 meat products, and most other products SUMMARY: We are proposing to amend River Road Unit 38, Riverdale, MD and byproducts of ruminants that have the regulations governing the 20737–1231; (301) 734–4356. been in Japan. importation of meat and other edible Immediately following the detection animal products by allowing, under SUPPLEMENTARY INFORMATION: of the BSE-infected cow, the certain conditions, the importation of Background Government of Japan initiated an whole cuts of boneless beef from Japan. epidemiological investigation and took a The Animal and Plant Health We are proposing this action in series of measures to detect and control Inspection Service (APHIS) of the response to a request from the BSE in Japan, including measures to United States Department of Agriculture Government of Japan and after ensure that tissues that have the (USDA or the Department) regulates the conducting an analysis of the risk that potential to carry infectious levels of the importation of animals and animal indicates that such beef can be safely BSE agent are removed from cattle at products into the United States to guard imported from Japan under the slaughter, a ban on the feeding of against the introduction of animal conditions described in this proposal. mammalian protein to ruminants is in diseases. The regulations in 9 CFR parts DATES: We will consider all comments place, and increase BSE surveillance. 93, 94, 95, and 96 (referred to below as The Government of Japan has that we receive on or before September the regulations) govern the importation 19, 2005. requested that APHIS consider allowing of certain animals, birds, poultry, meat, the resumption of trade in beef from ADDRESSES: You may submit comments other animal products and byproducts, Japan to the United States. Prior to the by any of the following methods: hay, and straw into the United States in • 2001 ban on the importation of EDOCKET: Go to http:// order to prevent the introduction of ruminants and ruminant products from www.epa.gov/feddocket to submit or various animal diseases, including Japan, Japan primarily exported to the view public comments, access the index bovine spongiform encephalopathy United States boneless cuts of beef from listing of the contents of the official (BSE), a chronic degenerative disease cattle born, raised and slaughtered in public docket, and access those affecting the central nervous system of Japan. Therefore, in response to Japan’s documents in the public docket that are cattle. request, we considered allowing the available electronically. Once you have Section 94.18 of the regulations importation of whole cuts of boneless entered EDOCKET, click on the ‘‘View prohibits or restricts the importation beef derived from cattle that were born, Open APHIS Dockets’’ link to locate this into the United States of meat and raised, and slaughtered in Japan and document. certain other edible products due to analyzed the animal health risks • Postal Mail/Commercial Delivery: BSE. Paragraph (a)(1) of § 94.18 lists associated with that product.1 For a Please send four copies of your regions in which BSE is known to exist. consideration of the risks to human comment (an original and three copies) Paragraph (a)(2) of § 94.18 lists regions to Docket No. 05–004–1, Regulatory that present an undue risk of 1 In this proposal, we use the term ‘‘whole cuts Analysis and Development, PPD, introducing BSE into the United States of boneless beef’’ to refer to meat derived from the APHIS, Station 3C71, 4700 River Road because their import requirements are skeletal muscle of a bovine carcass, excluding all parts of the animal’s head and diaphragm. Meat that Unit 118, Riverdale, MD 20737–1238. less restrictive than those that would be has been ground, flaked, shaved, or otherwise Please state that your comment refers to acceptable for import into the United processed, comminuted, or mechanically separated Docket No. 05–004–1. States and/or because the regions have would not be whole cuts of boneless beef.

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health, we consulted with the Food known as cellular prion protein. The control measures were in place. To date, Safety and Inspection Service (FSIS) of BSE agent does not evoke a traditional approximately 170 probable and USDA, which is the public health immune response or inflammatory confirmed cases of vCJD have been agency that is responsible for ensuring reaction in host animals. BSE is identified worldwide. The majority of the food safety of this product. The risk confirmed by post-mortem microscopic these cases have either been identified analysis is available on EDOCKET and examination of an animal’s brain tissue in the United Kingdom or were linked in the APHIS reading room. or by detection of the abnormal form of to exposure that occurred in the United (Information on accessing EDOCKET as the prion protein in an animal’s brain Kingdom, and all cases have been well as the location and hours of the tissues. The pathogenic form of the linked to exposure in countries with APHIS reading room may be found at protein is both less soluble and more native cases of BSE. Some studies the beginning of this document under resistant to degradation than the normal estimate that more than 1 million cattle ADDRESSES.) You may also request paper form. The BSE agent is resistant to heat may have been infected with BSE copies of the analysis by calling or and to normal sterilization processes. throughout the epidemic in the United writing the person listed under FOR BSE is not a contagious disease; Kingdom. This number of infected cattle FURTHER INFORMATION CONTACT. Please according to internationally accepted could have introduced a significant refer to Docket No. 05–004–1 when research, the only confirmed, natural amount of infectivity into the human requesting copies of the risk analysis. route of transmission of BSE in cattle is food supply. Yet, the low number of Under the Animal Health Protection the consumption of animal feed cases of vCJD identified to date Act (7 U.S.C. 8301 et seq.), the Secretary containing protein from ruminants indicates that there is a substantial of Agriculture may prohibit the infected with BSE. species barrier that protects humans importation of any animal or article if BSE was first documented in the from widespread illness due to exposure the Secretary determines that the United Kingdom in 1986 and has since to the BSE agent. prohibition is necessary to prevent the been confirmed in native-born cattle in introduction into or dissemination 22 European countries in addition to the Factors Considered in the Development within the United States of any pest or United Kingdom, and in some non- of the Proposed Import Conditions disease of livestock. The Secretary has European countries, including Japan, BSE Infectivity determined that it is not necessary to Israel, Canada, and the United States. Examination of naturally-occurring continue to prohibit the importation of Since November 1986, there have been whole cuts of boneless beef derived more than 186,000 confirmed cases of BSE cases and extensive well-controlled from cattle that were born, raised, and BSE in cattle worldwide. As of July BSE challenge studies have clearly slaughtered in Japan, provided that the 2005, Japan had reported a total of 20 demonstrated that the primary site for conditions described in this proposal cases of BSE, including the initial case BSE accumulation in cattle is the central are met. This determination is based on of BSE in September 2001 and two cases nervous system (brain, spinal cord, a number of factors, including research that are currently under further trigeminal ganglia, dorsal root ganglia 3 on BSE and the risk analysis prepared investigation.2 (DRG), and eye). Small amounts of BSE for this rulemaking. In the United States, there have been infectivity accumulate in the distal In this proposed rule, we will first two confirmed cases of BSE, one an ileum, and only trace amounts have provide some background on BSE. Next, imported cow and one a native cow. been found in tonsil samples. we discuss the scientific evidence that The first case of BSE in the United Importantly, BSE studies in cattle to provides a basis for the proposed States was identified in a dairy cow in date have not detected infectivity in any conditions, then discuss the proposed Washington State on December 23, other tissues than those listed above. conditions in further detail. Finally, we 2003. The epidemiological investigation These studies also have found that the will briefly discuss the proposed and DNA test results confirmed that the level of infectious agent in these tissues conditions as they relate to international infected cow was not indigenous to the varies with the age of the animal, with guidelines on BSE. United States, but rather was born and the highest levels of infectivity detected most likely became infected in Alberta, in the brain and spinal cord at the end Bovine Spongiform Encephalopathy Canada, before Canada’s 1997 stages of disease. BSE is a progressive and fatal implementation of a ban on feeding BSE has a long incubation period. neurological disorder of cattle that most mammalian protein to ruminants, Research demonstrates that the results from an unconventional which prevents the use of most incubation period for BSE in cattle is transmissible agent. BSE belongs to the mammalian protein in cattle feed. The linked to the infectious dose received— family of diseases known as second case of BSE in the United States i.e., the larger the infectious dose transmissible spongiform was confirmed in an approximately 12- received, the shorter the incubation encephalopathies (TSEs). All TSEs year-old beef cow in Texas on June 29, period. Cattle typically develop clinical affect the central nervous system of 2005. This animal was born well before signs after an average incubation of 4 to infected animals. However, the the United States instituted a 6 years post-infection. distribution of infectivity in the body of mammalian-to-ruminant feed ban in This research on BSE has been used the animal and mode of transmission August 1997. to develop effective, proven strategies differ according to the species and TSE Variant Creutzfeldt-Jakob disease for removal of these tissues from agent. In addition to BSE, TSEs include, (vCJD), a chronic and fatal animals of appropriate age so that these among other diseases, scrapie in sheep neurodegenerative disease of humans, tissues do not enter the food chain. In and goats, chronic wasting disease has been linked since 1996 through the United States, the FSIS regulations (CWD) in deer and elk, and variant epidemiological, neuropathological, and contained in 9 CFR 310.22 designate the Creutzfeldt-Jakob disease in humans. experimental data to exposure to the brain, spinal cord, vertebral column The agent that causes BSE has yet to BSE agent, most likely through be fully characterized. The theory that is consumption of cattle products 3 DRG are clusters of nerve cells attached to the spinal cord that are contained within the bones of most accepted in the international contaminated with the agent before BSE the vertebral column. Trigeminal ganglia are scientific community is that the agent is clusters of nerve cells connected to the brain that an abnormal form of a normal protein 2 See the risk analysis for further information. lie close to the exterior of the skull.

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(excluding the vertebrae of the tail, the BSE Risk Factors for Whole Cuts of into the cranial cavity of a stunned transverse process of the thoracic and Boneless Beef animal to further lacerate the CNS lumbar vertebrae, and the wings of the The most significant risk management tissue. This process could cause sacrum), DRG, trigeminal ganglia, skull, strategy for ensuring the safety of whole dissemination of CNS tissue throughout and eyes of cattle 30 months of age and cuts of boneless beef is the prevention the body of the animal during slaughter. older, and the tonsils and the distal of cross-contamination of the beef with This stunning method is banned in the ileum of cattle of any age as SRMs and SRMs during stunning and slaughter of European Union and has never been prohibit their use as human food.4 the animal. Control measures that used in the United States. BSE infectivity has never been prevent contamination of such beef Carcass Splitting. During processing, demonstrated in the muscle tissue of involve the establishment of procedures infectivity could contaminate muscle cattle experimentally or naturally for the removal of SRMs, prohibitions tissue in cattle if tissue debris, infected with BSE at any stage of the on air-injection stunning and pithing, specifically spinal cord, accumulates in disease. Studies performed using TSEs and splitting of carcasses. These the carcass splitting saw and is other than BSE in non-bovine animals potential pathways for contamination transferred to subsequent carcasses. have detected prions in muscle tissue. and the control measures that prevent This potential means of cross- However, the international scientific contamination are described in detail in contamination is very unlikely, community largely considers that these the risk analysis for this rulemaking. however, provided that the SRMs of the studies cannot be directly extrapolated SRM Removal. Research has cattle are effectively removed and to BSE in cattle because of the demonstrated that SRMs from infected cleaning and sanitation procedures that significant interactions between the host cattle may contain BSE infectivity. reduce the likelihood of cross- species and the prion strain involved. Because infectivity has not been contamination from splitting saws are in Pathogenesis studies of naturally and demonstrated in muscle tissue, the most place. experimentally infected cattle have not important mitigation measure for whole To mitigate these risk factors, we are detected BSE infectivity in blood. cuts of boneless beef is the careful proposing to require the conditions However, transmission of BSE was removal and segregation of SRMs. discussed below to ensure that whole demonstrated in sheep that received a Removal of SRMs in a manner that cuts of boneless beef exported to the transfusion of a large volume of blood avoids contamination of the beef with United States from Japan are free of BSE drawn from other sheep that were SRMs minimizes the risk of exposure to contamination. experimentally infected with the BSE materials that have been demonstrated Proposed Import Conditions agent. The United Kingdom’s to contain the BSE agent in cattle. Department for Environment, Food and Air-Injection Stunning. Generally This proposal would allow the Rural Affairs’ Spongiform speaking, there are two types of captive importation of whole cuts of boneless Encephalopathy Advisory Committee bolt stunners used worldwide on beef that are derived from cattle born, (SEAC) and the European Commission’s livestock at slaughter: penetrative and raised, and slaughtered in Japan, Scientific Steering Committee (SSC), non-penetrative. Penetrative captive bolt provided that the following conditions which are scientific advisory stun guns render cattle unconscious, have been met: committees, evaluated the implication quickly and painlessly, prior to • The beef is prepared in an of this finding in relation to food slaughter. Penetrative captive bolt stun establishment that is eligible to have its safety.5 The SEAC concluded that the guns have steel bolts, powered by either products imported into the United finding did not represent grounds for compressed air or a blank cartridge, States under the Federal Meat recommending any changes to the which are driven into the animal’s Inspection Act (FMIA) (21 U.S.C. 601 et current control measures for BSE. The brain. Captive bolt stun guns built or seq.) and the regulations in 9 CFR 327.2 SSC determined that the research results modified to inject compressed air into and the beef meets all other applicable do not support the hypothesis that the cranium of cattle have been shown requirements of the FMIA and bovine blood or muscle meat constitute to force pieces of brain and other CNS regulations thereunder (9 CFR chapter a risk to human health.6 tissue into the circulatory system of III), including the requirements for Based on this information, APHIS stunned cattle, thereby potentially removal of specified risk materials concludes that whole cuts of boneless spreading CNS tissue throughout the (SRMs) and the prohibition on the use beef do not present a BSE risk, provided carcass. These studies prompted a of air-injection stunning devices prior to that certain measures are in place to prohibition on the use of air-injection slaughter on cattle from which the beef avoid contamination of the beef with stunning in the United States.7 Other is derived. potentially infectious tissues. types of penetrative captive bolt • The beef is derived from cattle that stunners include pneumatically were not subjected to a pithing process 4 The skull and vertebral column (excluding the operated stunners that do not inject air at slaughter. vertebrae of the tail, the transverse processes of the and standard cartridge-fired captive bolt • An authorized veterinary official of thoracic and lumbar vertebrae, and the wings of the stunners. In general, studies do not the Government of Japan certifies on an sacrum) of cattle 30 months of age and older were indicate that these other types of designated as SRMs in the FSIS regulations because original certificate that the above they contain high-risk tissues such as the brain and penetrative captive bolt stunners pose a conditions have been met. spinal cord. significant risk of causing CNS tissue to Following is a further description of 5 Spongiform Encephalopathy Advisory be forced into the circulatory system of and rationale for each of these proposed Committee, Oct 19, 2000, Summary of SEAC cattle. conditions. Committee Meeting 29 September 2000. Available Pithing. Pithing involves the insertion at http://www.defra.gov.uk/news/seac/seac500.htm. Establishment Eligibility 6 European Commission Scientific Steering of an elongated rod-shaped instrument Committee. ‘‘The Implications of the Recent Papers This proposal would require that the on Transmission of BSE by Blood Transfusion in 7 See FSIS’ interim final rule entitled, beef be prepared in an establishment Sheep (Houston et al, 2000); Hunter et al, 2002), ‘‘Prohibition of the Use of Certain Stunning Devices Adopted by the SSC at its Meeting of 12–13 Used To Immobilize Cattle During Slaughter’’ that is eligible to have its products September.’’ Available at http://europa.eu.int/ (Docket No. 01–033IF, 69 FR 1885–1891), published imported into the United States under comm/food/fs/sc/ssc/out280_en.pdf. on January 12, 2004, for further information. the Federal Meat Inspection Act (FMIA)

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(21 U.S.C. 601 et seq.) and the other prerequisite program. (HACCP is a respect to animal health and zoonoses regulations in 9 CFR 327.2. process control system designed to (diseases that are transmissible from As required under the FMIA, FSIS identify and prevent microbial and animals to humans). The OIE guidelines ensures that imported meat in the U.S. other hazards in food production.) for trade in terrestrial animals marketplace is safe, wholesome, These procedures and requirements (mammals, birds, and bees) are detailed unadulterated, and properly labeled by help to ensure that SRMs are effectively in the Terrestrial Animal Health Code (1) Determining if foreign countries and removed and handled in a manner to (available on the internet at http:// their establishments have implemented avoid contamination of the carcass. www.oie.int). The guidelines on BSE food safety system and inspection As mentioned above, one potential are contained in Chapter 2.3.13 of the requirements equivalent to those in the pathway for cross-contamination of Code and supplemented by Appendix United States and (2) reinspecting muscle tissue of cattle is if potentially 3.8.4 of the Code. imported meat and poultry products infectious tissue debris accumulates in The 2005 OIE guidelines on BSE from those countries through random the carcass splitting saw and is provide for three possible BSE sampling of shipments. The FSIS transferred to subsequent carcasses. classifications for an exporting country, regulations in 9 CFR 327.2 provide that FSIS has developed procedures to verify zone, or compartment (referred to below countries eligible to export meat to the that cross-contamination of edible tissue as a region): Negligible risk, controlled United States must have a meat with SRMs is reduced to the maximum risk, and undetermined risk. inspection system determined by FSIS extent practical in facilities that The OIE guidelines for negligible risk to be equivalent to the U.S. meat slaughter cattle, or process carcasses or regions apply to those regions where inspection system. The FSIS parts of carcasses of cattle.9 This either (1) there has been no indigenous equivalency determination is based on a includes verification of sanitization cases of BSE or any imported cases of review of the foreign country’s relevant procedures for equipment used to cut BSE have been completely destroyed, or laws and regulations and an on-site through SRMs. (2) the last indigenous case of BSE was audit of the foreign country’s inspection Air-injection Stunning. The FSIS reported more than 7 years ago. In system. FSIS has determined that regulations in 9 CFR part 313 prohibit addition, a region may be considered a Japan’s meat inspection system is the use of captive bolt stunners that negligible risk for BSE if it has equivalent and that Japan is eligible to deliberately inject compressed air into demonstrated, through an appropriate export meat and meat products to the the cranium of cattle at the end stage of level of control and audit, that meat- United States. the penetration cycle. This requirement and-bone meal and greaves derived from Once a country is listed as eligible to addresses the potential risk posed by the ruminants have not been fed to export meat and meat products to the use of air-injection stunning devices, ruminants for at least 8 years, among United States, it is responsible for which may force pieces of brain and other criteria. Controlled risk regions, in certifying individual exporting other CNS tissue into the circulatory contrast, include regions where an establishments to FSIS and for system of stunned cattle. indigenous case of BSE was reported providing annual recertification within the last 7 years and regions that documentation. FSIS regularly conducts Pithing cannot demonstrate that a ruminant-to- on-site audits of the eligible foreign This proposal would prohibit the use ruminant feed ban has been in place for inspection systems to ensure they of pithing processes on the cattle from at least 8 years. The OIE guidelines for remain equivalent to the U.S. system. which the beef is derived. This undetermined risk regions apply to requirement addresses the potential risk those regions that do not meet the Other Applicable Requirements Under recommended criteria for any other the FMIA posed by pithing, which may force pieces of brain and other CNS tissue category. This proposal would also require that into the circulatory system of stunned The export conditions contained in the beef meet all other applicable cattle. the OIE guidelines grow increasingly requirements of the FMIA and stringent as the status of a region moves regulations thereunder (9 CFR chapter Certification from negligible risk through controlled III), including the requirements for We conclude that whole cuts of risk to undetermined risk. For removal of SRMs and the prohibition on boneless beef derived from cattle born, controlled risk regions, the OIE the use of air-injection stunning devices raised, and slaughtered in Japan can be guidelines recommend that meat and prior to slaughter on cattle from which safely imported from Japan into the meat products not contain SRMs and the beef is derived. United States, provided the above- mechanically separated meat from the SRM Removal. The FSIS regulations mentioned mitigation measures are met, skull and vertebral column from cattle contained in 9 CFR 310.22 provide that as certified to on an original certificate over 30 months of age, and that the meat establishments are responsible for issued by an authorized veterinary and meat products be derived from ensuring that SRMs are completely official of the Government of Japan. cattle that received ante-mortem and removed from the carcass, segregated post-mortem inspections and that the from edible products, and disposed of in International Guidelines on BSE cattle were not subjected to an air- an appropriate manner.8 Under the FSIS International guidelines for trade in injection stunning or pithing process at regulations, an establishment must animal and animal products are slaughter, among other criteria. incorporate such procedures into its developed by the World Organization The proposed import conditions for Hazard Analysis and Critical Control for Animal Health (formerly known as whole cuts of boneless beef from Japan, Point (HACCP) plan or in its sanitation the Office International des Epizooties including the requirements that the beef standard operating procedures (SOPs) or (OIE)), which is recognized by the come from an establishment eligible to World Trade Organization (WTO) as the export meat to the United States under 8 See FSIS’ interim final rule entitled, international organization responsible the FMIA and FSIS regulations, are ‘‘Prohibition of the Use of Specified Risk Materials for the development of standards, consistent with the criteria for for Human Food and Requirements for the Disposition of Non-Ambulatory Disabled Cattle’’ guidelines, and recommendations with controlled risk regions. We believe this (Docket No. 03–025IF, 69 FR 1862–1874), published is appropriate, given that Japan has on January 12, 2004, for further information. 9 See FSIS Notice 10–04. reported indigenous cases of BSE within

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the last 7 years and has measures in This proposal would allow the Wagyu beef is a high-priced specialty place to control BSE risks, but these importation of whole cuts of boneless meat widely acclaimed for its flavor and measures have not been in place long beef derived from cattle that were born, tenderness. ‘‘Kobe beef’’ refers to Wagyu enough for Japan to be considered a raised, and slaughtered in Japan, beef that is produced in the Kobe area negligible risk region. More details on provided that certain conditions are of Japan.) Japan also produces Holstein the BSE situation in Japan and Japan’s met. We expect that this proposal would breed dairy cattle, but it is unlikely that actions to protect animal and human have little or no economic impact on the Japan would try to compete in the U.S. health are contained in the risk analysis. majority of consumers and beef import market for lower-grade beef from producers in the United States because culled dairy cattle. Accordingly, we Executive Order 12866 and Regulatory the volume of beef imported from Japan expect only Wagyu beef to be imported Flexibility Act is likely to be small and have only a under the proposed rule. This proposed rule has been reviewed minor impact on the overall domestic We expect that Japan would continue under Executive Order 12866. The rule beef market. to be a minor supplier of beef to the has been determined to be significant In 2001, APHIS placed a ban on the United States if this proposal were for the purposes of Executive Order importation of ruminants and most adopted. We estimate that the volume of 12866 and, therefore, has been reviewed ruminant products from Japan following imports is likely to range between about by the Office of Management and the confirmation of one case of BSE in 8 metric tons and 15 metric tons per Budget. a native-born animal in that country. year, a quantity aligned with import Under the Animal Health Protection Prior to that ban, U.S. imports of levels in the years immediately prior to Act of 2002 (7 U.S.C. 8301 et seq.), the boneless beef from Japan were negligible the ban. There are three reasons for the Secretary of Agriculture is authorized to when compared to total imports of that small import volume. First, the demand promulgate regulations that are commodity. Over the 4-year period, for Japanese Wagyu beef in the United necessary to prevent the introduction or 1997–2000, for example, the volume of States would likely be small, because dissemination of any pest or disease of U.S. imports of boneless beef from the beef is expensive. In October 2004, livestock into the United States. Japan—reported to be entirely fresh/ for example, the average actual selling This proposed rule would amend the chilled, as opposed to frozen—averaged price of Wagyu sirloin in Japanese regulations governing the importation of a little less than 9 metric tons per year. supermarkets was just under $50 per 12 meat and other edible animal products This amount was less than 0.005 pound. The price of Japanese Wagyu by allowing, under certain conditions, percent of average annual U.S. imports beef would be higher in the United the importation of whole cuts of of fresh/chilled boneless beef world- States because of transportation and boneless beef derived from cattle born, wide for the same period (202,540 other costs associated with the 11 raised, and slaughtered in Japan. We are metric tons). The average annual value importation of the beef from Japan. Second, Japanese agricultural officials proposing this action in response to a of U.S. imports of boneless beef from have indicated to APHIS staff that they request from the Government of Japan Japan over this 4-year period was would expect the volume of Wagyu and after conducting an analysis of the $808,000, less than 0.2 percent of the 4- exports to the United States to be risk that indicates that such beef can be year average annual value of U.S. imports of fresh/chilled boneless beef approximately 10 metric tons per year. safely imported from Japan under the This quantity aligns with historic conditions described in this proposal. from all regions ($600 million). Including frozen boneless beef in the import levels, as described above, and In accordance with 5 U.S.C. 603, we would be well below the annual tariff have performed an initial regulatory comparison over the same 4-year period diminishes Japan’s annual average rate quota for Japan of 200 metric tons.13 flexibility analysis, which is Over the 10-year period from 1991 to summarized below, regarding the percentage share all the more, to about 0.001 percent of the quantity and about 2000 U.S. imports of boneless beef— impact of this proposed rule on small both fresh/chilled and frozen—from entities.10 This analysis also serves as 0.05 percent of the value of all U.S. boneless beef imports. This impact Japan never exceeded 27.0 metric tons our cost-benefit analysis under in any one year. Executive Order 12866. Based on the would be further reduced if Japan’s share of the U.S. total beef supply Finally, Japan’s boneless beef exports information we have, there is no basis to countries other than the United States to conclude that this rule will result in (domestic production plus imports minus exports, disregarding carryover have also been minor. Over the 4-year any significant economic impact on a period 1997–2000, Japan’s exports of substantial number of small entities. stocks) were considered. Based on the unit price of beef boneless beef to the world—both fresh/ However, we do not currently have all imported into the United States from chilled and frozen—averaged only 81 of the data necessary for a Japan prior to the 2001 ban on the metric tons per year, and the largest comprehensive analysis of the effects of importation of ruminants and most export volume in any one of those years this proposed rule on small entities. ruminant products from Japan, it is was 95 metric tons (in 1999). For fresh/ Therefore, we are inviting comments on assumed that all of the boneless beef chilled boneless beef alone, the 4-year the potential effects. In particular, we imported from Japan prior to the ban annual average was 37 metric tons, with are interested in determining the 14 was Wagyu beef. (The term ‘‘Wagyu,’’ no one year exceeding 47 metric tons. number and kinds of small entities that Because we expect that Japan would which literally translates to Japanese would incur benefits or costs from the export only Wagyu beef if this proposal cattle, refers to purebred Japanese Black implementation of this proposed rule or Japanese Brown breeds of cattle. and the economic effect of those 12 Source: ‘‘Monthly Statistics,’’ January 2005, benefits and costs. Agricultural & Livestock Industries Corporation. 11 Trade statistics, unless otherwise indicated, are The selling price was calculated using an exchange taken from the World Trade Atlas or the Global rate of 105 yen per U.S. dollar and it is the price 10 A copy of the full economic analysis is Trade Atlas (Global Trade Information Services), for Wagyu sirloin from all regions in Japan, available for review on EDOCKET or in our reading which report data from the Department of including Kobe. room. (Information on accessing EDOCKET as well Commerce, U.S. Bureau of the Census. The 13 Harmonized Tariff Schedule of the United as the location and hours of the reading room may Harmonized Tariff Schedule (HTS) 6-digit code for States (2005), Chapter 2, Meat and Edible Meat be found at the beginning of this document under fresh/chilled boneless beef cuts is 020130; the HTS Offal. ADDRESSES.) code for frozen boneless beef is 020230. 14 Foreign Agricultural Service, USDA.

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were adopted, this action has the entities. As discussed above, the APHIS Web site at http:// potential to affect farmers and ranchers proposed rule has the potential to www.aphis.usda.gov/lpa/issues/bse/ in the United States who raise Wagyu primarily affect farmers and ranchers in bse.html. You may request paper copies and Wagyu hybrid cattle for the high- the United States who produce Kobe- of the environmental assessment by end domestic beef market. However, the style beef. The number of these calling or writing to the person listed impact, if any, on these so-called ‘‘Kobe- producers is unknown, but it is believed under FOR FURTHER INFORMATION style’’ beef producers is unclear, to be very small. The American Wagyu CONTACT. Please refer to the title of the without an approximation of the Association, a Wagyu breeder group, environmental assessment when quantity of Kobe-style beef sold in the lists approximately 75 members in the requesting copies. The environmental United States and information on the United States.16 assessment is also available for review extent to which the two products would The size distribution of Kobe-style in our reading room (information on the directly compete. The number of these beef producers in the United States is location and hours of the reading room producers is unknown, but it is believed also unknown, but it is reasonable to is provided under the heading to be very small. assume that most are small, under the ADDRESSES at the beginning of this Cost-Benefit Analysis U.S. Small Business Administration’s notice). (SBA) standards. This assumption is Given the high price and small based on composite data for all beef Paperwork Reduction Act quantity of Wagyu beef expected to be producers in the United States. In 2002, This proposed rule contains no new imported, the proposed rule is likely to there were 664,431 U.S. farms in North information collection or recordkeeping have little impact for most U.S. American Industry Classification requirements under the Paperwork consumers. A relatively small segment System (NAICS) 112111, a classification Reduction Act of 1995 (44 U.S.C. 3501 of beef consumers would benefit comprised of establishments primarily et seq.). because they would be allowed, once engaged in raising cattle. Of the 664,431 Government Paperwork Elimination again, to buy this product in the United farms, 659,009 (or 99 percent) had Act Compliance States. Importers, brokers and others in annual receipts that year of less than the United States who would participate $500,000.17 The SBA’s small entity The Animal and Plant Health in the importation of Wagyu beef from threshold for farms in NAICS 112111 is Inspection Service is committed to Japan also stand to benefit, due to the annual receipts of $750,000. compliance with the Government increased business activity. Paperwork Elimination Act (GPEA), U.S. beef producers, in general, would Executive Order 12988 which requires Government agencies in not be affected by the proposed rule; This proposed rule has been reviewed general to provide the public the option demand is expected to remain low under Executive Order 12988, Civil of submitting information or transacting reflecting pre-ban consumption Justice Reform. If this proposed rule is business electronically to the maximum patterns, with a minor impact on less adopted: (1) All State and local laws and extent possible. For information expensive domestically produced beef. regulations that are inconsistent with pertinent to GPEA compliance related to Any producer impact of the rule would this rule will be preempted; (2) no this proposed rule, please contact Mrs. likely fall upon producers of Kobe-style retroactive effect will be given to this Celeste Sickles, APHIS’ Information beef, and then only to the extent that the rule; and (3) administrative proceedings Collection Coordinator, at (301) 734– commodities would be competing for will not be required before parties may 7477. the same niche market. file suit in court challenging this rule. In general, trade of a commodity List of Subjects in 9 CFR Part 94 increases social welfare. To the extent National Environmental Policy Act Animal diseases, Imports, Livestock, that consumer choice is broadened and To provide the public with Meat and meat products, Milk, Poultry the increased supply of the imported documentation of APHIS’ review and and poultry products, Reporting and commodity leads to a price decline, analysis of any potential environmental gains in consumer surplus will recordkeeping requirements. impacts associated with the proposed Accordingly, we propose to amend 9 outweigh losses in domestic producer importation of whole cuts of boneless 15 CFR part 94 as follows: surplus. Although the rule’s impact on beef from Japan, we have prepared an the relatively small number of U.S. environmental assessment. The PART 94—RINDERPEST, FOOT-AND- producers of Kobe-style beef is environmental assessment was prepared MOUTH DISEASE, FOWL PEST (FOWL uncertain, it is expected to provide in accordance with: (1) The National PLAGUE), EXOTIC NEWCASTLE benefits to consumers (domestic Environmental Policy Act of 1969 DISEASE, AFRICAN SWINE FEVER, importers, wholesalers, retailers, as well (NEPA), as amended (42 U.S.C. 4321 et CLASSICAL SWINE FEVER, AND as final consumers) that would exceed seq.), (2) regulations of the Council on BOVINE SPONGIFORM any potential losses to domestic Environmental Quality for ENCEPHALOPATHY: PROHIBITED producers. The net welfare effect for the implementing the procedural provisions AND RESTRICTED IMPORTATIONS United States of reestablished Wagyu of NEPA (40 CFR parts 1500–1508), (3) beef imports from Japan would be USDA regulations implementing NEPA 1. The authority citation for part 94 positive. (7 CFR part 1b), and (4) APHIS’ NEPA would continue to read as follows: Effects on Small Entities Implementing Procedures (7 CFR part Authority: 7 U.S.C. 450, 7701–7772, and We do not expect that this proposal 372). 8301–8317; 21 U.S.C. 136 and 136a; 31 The environmental assessment may U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. would have significant economic impact be viewed on the EDOCKET Web site on a substantial number of small 2. In § 94.18, paragraph (b) would be (see ADDRESSES above for instructions revised to read as follows: for accessing EDOCKET) or on the 15 Consumer surplus is the difference between the § 94.18 Restrictions on importation of amount a consumer is willing to pay for a good and meat and edible products from ruminants 16 Source: American Wagyu Association Web site. the amount actually paid. Producer surplus is the due to bovine spongiform encephalopathy. amount a seller is paid for the good minus the 17 2002 Census of Agriculture, National seller’s cost. Agricultural Statistics Service. * * * * *

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(b) Except as provided in paragraph DEPARTMENT OF TRANSPORTATION information identified in this proposed (d) of this section or in §§ 94.19 or AD. 94.27, the importation of meat, meat Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: products, and edible products other Todd Thompson, Aerospace Engineer, than meat (except for gelatin as 14 CFR Part 39 International Branch, ANM–116, FAA, provided in paragraph (c) of this [Docket No. FAA–2005–22125; Directorate Transport Airplane Directorate, 1601 section, milk, and milk products) from Identifier 2005–NM–130–AD] Lind Avenue, SW., Renton, Washington 98055–4056; telephone (425) 227–1175; ruminants that have been in any of the RIN 2120–AA64 regions listed in paragraph (a) of this fax (425) 227–1149. section is prohibited. Airworthiness Directives; Empresa SUPPLEMENTARY INFORMATION: * * * * * Brasileira de Aeronautica S.A. Comments Invited (EMBRAER) Model ERJ 170 Airplanes 3. A new § 94.27 would be added to We invite you to submit any relevant read as follows: AGENCY: Federal Aviation written data, views, or arguments Administration (FAA), Department of regarding this proposed AD. Include the § 94.27 Importation of whole cuts of Transportation (DOT). docket number ‘‘FAA–2005–22125; boneless beef from Japan. ACTION: Notice of proposed rulemaking Directorate Identifier 2005–NM–130– Notwithstanding any other provisions (NPRM). AD’’ at the beginning of your comments. of this part, whole cuts of boneless beef We specifically invite comments on the derived from cattle that were born, SUMMARY: The FAA proposes to adopt a overall regulatory, economic, raised, and slaughtered in Japan may be new airworthiness directive (AD) for environmental, and energy aspects of imported into the United States under certain EMBRAER Model ERJ 170 the proposed AD. We will consider all airplanes. This proposed AD would comments received by the closing date the following conditions: require replacing the very high and may amend the proposed AD in (a) The beef is prepared in an frequency (VHF) antenna located in light of those comments. establishment that is eligible to have its position 1 of the fuselage with a new, We will post all comments we products imported into the United improved VHF antenna. This proposed receive, without change, to http:// States under the Federal Meat AD results from a report of the loss of dms.dot.gov, including any personal Inspection Act (21 U.S.C. 601 et seq.) all voice communications due to a information you provide. We will also and the regulations in 9 CFR 327.2 and lightning strike damaging all the VHF post a report summarizing each the beef meets all other applicable antennas. We are proposing this AD to substantive verbal contact with FAA requirements of the Federal Meat prevent the loss of voice personnel concerning this proposed AD. Inspection Act and regulations communication, which when combined Using the search function of that Web thereunder (9 CFR chapter III), with the complexity of the national site, anyone can find and read the including the requirements for removal airspace system, could result in reduced comments in any of our dockets, of SRMs and the prohibition on the use flightcrew situational awareness, including the name of the individual who sent the comment (or signed the of air-injection stunning devices prior to increased flightcrew workload, and comment on behalf of an association, slaughter on cattle from which the beef increased risk of human error, and business, labor union, etc.). You may is derived. consequent reduced ability to maintain safe flight and landing of the airplane. review the DOT’s complete Privacy Act (b) The beef is derived from cattle that Statement in the Federal Register DATES: We must receive comments on were not subjected to a pithing process this proposed AD by September 19, published on April 11, 2000 (65 FR at slaughter. 2005. 19477–78), or you may visit http:// (c) An authorized veterinary official of dms.dot.gov. ADDRESSES: Use one of the following the Government of Japan certifies on an addresses to submit comments on this Examining the Docket original certificate that the above proposed AD. You may examine the AD docket on conditions have been met. • DOT Docket Web site: Go to the Internet at http://dms.dot.gov, or in Done in Washington, DC, this 15th day of http://dms.dot.gov and follow the person at the Docket Management August 2005. instructions for sending your comments Facility office between 9 a.m. and 5 W. Ron DeHaven, electronically. p.m., Monday through Friday, except • Government-wide rulemaking Web Acting Under Secretary for Marketing and Federal holidays. The Docket Regulatory Programs. site: Go to http://www.regulations.gov Management Facility office (telephone and follow the instructions for sending [FR Doc. 05–16422 Filed 8–16–05; 9:43 am] (800) 647–5227) is located on the plaza your comments electronically. level of the Nassif Building at the DOT BILLING CODE 3410–34–P • Mail: Docket Management Facility, street address stated in the ADDRESSES U.S. Department of Transportation, 400 section. Comments will be available in Seventh Street, SW., Nassif Building, the AD docket shortly after the Docket Room PL–401, Washington, DC 20590. Management System receives them. • Fax: (202) 493–2251. • Hand Delivery: Room PL–401 on Discussion the plaza level of the Nassif Building, The Departmento de Aviacao Civil 400 Seventh Street, SW., Washington, (DAC), which is the airworthiness DC, between 9 a.m. and 5 p.m., Monday authority for Brazil, notified us that an through Friday, except Federal holidays. unsafe condition may exist on all Contact Empresa Brasileira de EMBRAER Model ERJ 170 airplanes. Aeronautica S.A. (EMBRAER), P.O. Box The DAC advises that there was a report 343—CEP 12.225, Sao Jose dos of the loss of all voice communications Campos—SP, Brazil for service due to a lightning strike that damaged

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all the aircraft radio very high frequency airplanes identified in the service List of Subjects in 14 CFR Part 39 (VHF) antennas. A new, more robust bulletin. This difference has been Air transportation, Aircraft, Aviation VHF antenna has been developed to coordinated with the DAC. safety, Safety. prevent loss of communication during Costs of Compliance lightning strikes. Combined with the The Proposed Amendment complexity of the national airspace This proposed AD would affect about Accordingly, under the authority system, loss of voice communication, if 43 airplanes of U.S. registry. The delegated to me by the Administrator, not corrected, could result in reduced proposed actions would take about 2 the FAA proposes to amend 14 CFR part flightcrew situational awareness, work hours per airplane, at an average 39 as follows: increased flightcrew workload, and labor rate of $65 per work hour. increased risk of human error, and Required parts would cost $654. Based PART 39—AIRWORTHINESS consequent reduced ability to maintain on these figures, the estimated cost of DIRECTIVES safe flight and landing of the airplane. the proposed AD for U.S. operators is $33,712, or $784 per airplane. 1. The authority citation for part 39 Relevant Service Information continues to read as follows: EMBRAER has issued Service Bulletin Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. 170–23–0005, dated December 29, 2004. Title 49 of the United States Code The service bulletin describes specifies the FAA’s authority to issue § 39.13 [Amended] procedures for replacing the VHF rules on aviation safety. Subtitle I, 2. The Federal Aviation antenna located in position 1 of the Section 106, describes the authority of Administration (FAA) amends § 39.13 fuselage with a new, improved VHF the FAA Administrator. Subtitle VII, by adding the following new antenna. Accomplishing the actions Aviation Programs, describes in more airworthiness directive (AD): specified in the service information is detail the scope of the Agency’s Empresa Brasileira de Aeronautica S.A. intended to adequately address the authority. (EMBRAER): Docket No. FAA–2005– unsafe condition. The DAC mandated We are issuing this rulemaking under 22125; Directorate Identifier 2005–NM– the service information and issued the authority described in Subtitle VII, 130–AD. Brazilian airworthiness directive 2005– Part A, Subpart III, Section 44701, Comments Due Date 04–04, dated April 30, 2005, to ensure ‘‘General requirements.’’ Under that (a) The FAA must receive comments on the continued airworthiness of these section, Congress charges the FAA with this AD action by September 19, 2005. airplanes in Brazil. promoting safe flight of civil aircraft in Affected ADs air commerce by prescribing regulations FAA’s Determination and Requirements for practices, methods, and procedures (b) None. of the Proposed AD the Administrator finds necessary for Applicability This airplane model is manufactured safety in air commerce. This regulation (c) This AD applies to EMBRAER Model in Brazil and is type certificated for is within the scope of that authority ERJ 170–100LR, –100 STD, –100SE, and –100 operation in the United States under the because it addresses an unsafe condition SU airplanes, certificated in any category, as provisions of section 21.29 of the that is likely to exist or develop on identified in EMBRAER Service Bulletin Federal Aviation Regulations (14 CFR products identified in this rulemaking 170–23–0005, dated December 29, 2004. 21.29) and the applicable bilateral action. Unsafe Condition airworthiness agreement. Pursuant to Regulatory Findings (d) This AD results from a report of the loss this bilateral airworthiness agreement, of all voice communications due to a the DAC has kept the FAA informed of We have determined that this lightning strike damaging all the very high the situation described above. We have proposed AD would not have federalism frequency (VHF) antennas. We are issuing examined the DAC’s findings, evaluated implications under Executive Order this AD to prevent the loss of voice all pertinent information, and 13132. This proposed AD would not communication, which when combined with determined that we need to issue an AD have a substantial direct effect on the the complexity of the national airspace for airplanes of this type design that are States, on the relationship between the system, could result in reduced flightcrew certificated for operation in the United national Government and the States, or situational awareness, increased flightcrew workload, and increased risk of human error, States. on the distribution of power and and consequent reduced ability to maintain Therefore, we are proposing this AD, responsibilities among the various safe flight and landing of the airplane. which would require accomplishing the levels of government. actions specified in the service For the reasons discussed above, I Compliance information described previously except certify that the proposed regulation: (e) You are responsible for having the as discussed under ‘‘Difference Between 1. Is not a ‘‘significant regulatory actions required by this AD performed within Proposed AD and Foreign AD.’’ action’’ under Executive Order 12866; the compliance times specified, unless the 2. Is not a ‘‘significant rule’’ under the actions have already been done. Difference Between Proposed AD and DOT Regulatory Policies and Procedures Foreign AD Modification (44 FR 11034, February 26, 1979); and (f) Within 700 flight hours after the Brazilian airworthiness directive 3. Will not have a significant effective date of this AD, replace the VHF 2005–04–04, dated April 30, 2005, is economic impact, positive or negative, antenna located in position 1 of the fuselage applicable to ‘‘all EMBRAER ERJ–170() on a substantial number of small entities with a new, improved VHF antenna in aircraft models in operation.’’ However, under the criteria of the Regulatory accordance with the Accomplishment this does not agree with EMBRAER Flexibility Act. Instructions of EMBRAER has issued Service Service Bulletin 170–23–0005, dated We prepared a regulatory evaluation Bulletin 170–23–0005, dated December 29, December 29, 2004, which states that of the estimated costs to comply with 2004. only certain EMBRAER Model ERJ 170 this proposed AD and placed it in the Alternative Methods of Compliance airplanes are affected and identifies AD docket. See the ADDRESSES section (AMOCs) them by serial number. This proposed for a location to examine the regulatory (g) The Manager, International Branch, AD would be applicable only to the evaluation. ANM–116, Transport Airplane Directorate,

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FAA, has the authority to approve AMOCs control cable assemblies, which could We will post all comments we for this AD, if requested in accordance with reduce controllability of the airplane. receive, without change, to http:// the procedures found in 14 CFR 39.19. DATES: We must receive comments on dms.dot.gov, including any personal Related Information this proposed AD by October 3, 2005. information you provide. We will also (h) Brazilian airworthiness directive 2005– ADDRESSES: Use one of the following post a report summarizing each 04–04, dated April 30, 2005, also addresses addresses to submit comments on this substantive verbal contact with FAA the subject of this AD. proposed AD. personnel concerning this proposed AD. Issued in Renton, Washington, on August • DOT Docket Web site: Go to Using the search function of our docket 9, 2005. http://dms.dot.gov and follow the web site, anyone can find and read the Ali Bahrami, instructions for sending your comments comments in any of our dockets, including the name of the individual Manager, Transport Airplane Directorate, electronically. Aircraft Certification Service. • Government-wide rulemaking Web who sent the comment (or signed the comment on behalf of an association, [FR Doc. 05–16362 Filed 8–17–05; 8:45 am] site: Go to http://www.regulations.gov business, labor union, etc.). You can BILLING CODE 4910–13–P and follow the instructions for sending your comments electronically. review the DOT’s complete Privacy Act • Mail: Docket Management Facility; Statement in the Federal Register DEPARTMENT OF TRANSPORTATION U.S. Department of Transportation, 400 published on April 11, 2000 (65 FR Seventh Street, SW., Nassif Building, 19477–78), or you can visit http:// Federal Aviation Administration room PL–401, Washington, DC 20590. dms.dot.gov. • Fax: (202) 493–2251. Examining the Docket 14 CFR Part 39 • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, You can examine the AD docket on [Docket No. FAA–2005–22121; Directorate 400 Seventh Street, SW., Washington, the Internet at http://dms.dot.gov, or in Identifier 2004–NM–128–AD] DC, between 9 a.m. and 5 p.m., Monday person at the Docket Management through Friday, except Federal holidays. Facility office between 9 a.m. and 5 RIN 2120–AA64 For service information identified in p.m., Monday through Friday, except this proposed AD, contact Boeing Federal holidays. The Docket Airworthiness Directives; McDonnell Commercial Airplanes, Long Beach Management Facility office (telephone Douglas Model DC–9–10, –20, –30, –40 Division, 3855 Lakewood Boulevard, (800) 647–5227) is located on the plaza and –50 Series Airplanes, and Model Long Beach, California 90846, level of the Nassif Building at the DOT DC–9–81 (MD–81), and DC–9–82 (MD– Attention: Data and Service street address stated in the ADDRESSES 82) Airplanes Management, Dept. C1–L5A (D800– section. Comments will be available in AGENCY: Federal Aviation 0024). the AD docket shortly after the DMS Administration (FAA), Department of You can examine the contents of this receives them. Transportation (DOT). AD docket on the Internet at http:// dms.dot.gov, or in person at the Docket Discussion ACTION: Notice of proposed rulemaking Management Facility, U.S. Department (NPRM). On June 29, 1993, we issued AD 93– of Transportation, 400 Seventh Street, 13–07, amendment 39–8620 (58 FR SUMMARY: The FAA proposes to SW., room PL–401, on the plaza level of 38511, July 19, 1993), for certain supersede an existing airworthiness the Nassif Building, Washington, DC. McDonnell Douglas Model DC–9–10, directive (AD) that applies to certain This docket number is FAA–2005– –20, –30, –40 and –50 series airplanes, McDonnell Douglas Model DC–9–10, 22121; the directorate identifier for this Model DC–9–81 and DC–9–82 airplanes, –20, –30, –40 and –50 series airplanes, docket is 2004–NM–128–AD. and Model C–9 (Military) airplanes. and Model DC–9–81 (MD–81), and DC– FOR FURTHER INFORMATION CONTACT: That AD requires installing a water 9–82 (MD–82) airplanes. That AD Wahib Mina, Aerospace Engineer, drain system for the slant pressure currently requires installing a water Airframe Branch, ANM–120L, FAA, Los panels in the left and right wheel wells drain system for the slant pressure Angeles Aircraft Certification Office, of the main landing gear (MLG). That panels in the left and right wheel wells 3960 Paramount Boulevard, Lakewood, AD was prompted by reports of water of the main landing gear (MLG). This California 90712–4137; telephone (562) freezing on the control cables. We proposed AD would also require 627–5324; fax (562) 627–5210. issued that AD to prevent water from inspecting the seal assemblies of the SUPPLEMENTARY INFORMATION: draining into the wheel wells and overwing emergency exit doors for subsequently freezing, which could defects and constant gap; replacing Comments Invited restrict the movement of the control defective door seals; performing We invite you to submit any relevant cables and lead to reduced repetitive operational checks of the written data, views, or arguments controllability of the airplane. water drain system auto drain valve and regarding this proposed AD. Send your Actions Since Existing AD Was Issued corrective actions if necessary; and, for comments to an address listed under certain airplanes, modifying the ADDRESSES. Include ‘‘Docket No. FAA– Since we issued AD 93–13–07, we insulation blankets on the slant pressure 2005–22121; Directorate Identifier received a report of in-flight loss of panels in the left and right MLG wheel 2004–NM–128–AD’’ at the beginning of aileron control on a Model DC–9–32 wells. This proposed AD is prompted by your comments. We specifically invite airplane. Investigation revealed that, reports of water runoff from the slant comments on the overall regulatory, due to failure of the auto drain valve in pressure panels in the left and right economic, environmental, and energy the drain system installed by AD 93–13– MLG wheel wells, which subsequently aspects of the proposed AD. We will 07, water accumulated at the slant froze on the lateral control mixer and consider all comments received by the pressure panels and subsequently froze, control cable assemblies. We are closing date and may amend the forming ice around the aileron control proposing this AD to prevent ice from proposed AD in light of those cables and pulleys in the MLG wheel forming on the lateral control mixer and comments. wells.

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Relevant Service Information defects and constant gap; replacing compliance time would prevent the We have reviewed Boeing Service defective door seals; performing immediate grounding of any airplane. Bulletin DC9–53–179, Revision 2, dated repetitive operational checks of the As discussed under ‘‘Relevant Service May 27, 2004 (the original issue, dated water drain system auto drain valve and Information,’’ Boeing Service Bulletin January 18, 1985, is referenced as the corrective actions if necessary; and, for DC9–53–179, Revision 2, describes appropriate source of service certain airplanes, modifying the procedures for adding certain OAMPs to information for accomplishing AD 93– insulation blankets on the slant pressure the maintenance programs. These 13–07). The procedures described in panels in the left and right MLG wheel OAMPs relate to repetitive operational Revision 2 of the service bulletin are wells. This proposed AD would require checks of the auto drain valve and essentially the same, except for the you to use the service information replacing any auto drain valve found to addition of procedures for performing a described previously to perform these be obstructed or inoperative with a new visual inspection for defects and actions, except as discussed under auto drain valve. This proposed AD constant gap of the seal assemblies of ‘‘Differences Between the Proposed AD would not require you to revise the the overwing emergency exit doors, and and Referenced Service Bulletins.’’ maintenance programs as described; replacing defective door seals with new rather, this proposed AD would require Differences Between the Proposed AD door seals. The service bulletin also you to perform the repetitive and Referenced Service Bulletins describes procedures for revising the operational checks and any auto drain maintenance program by adding on- Although the service bulletins valve replacement, in accordance with a aircraft maintenance program reports recommend accomplishing the method approved by the FAA. Chapter (OAMP) relating to repetitive modifications ‘‘* * * at the earliest 51–10–01 of the Boeing MD–80 Aircraft operational checks of the auto drain practical maintenance period * * *,’’ Maintenance Manual is one approved valve of the water drain system in the we have determined that this imprecise method of performing these actions. slant pressure panel. compliance time would not address the Clarification of Inspection Terminology Boeing Service Bulletin DC9–53–179, identified unsafe condition in a timely The service information specifies to Revision 2, specifies prior or concurrent manner. In developing an appropriate ‘‘inspect’’ the seal assemblies of the accomplishment of McDonnell Douglas compliance time for this AD, we overwing emergency exit doors for Service Bulletin DC9–53–268, on certain considered not only the manufacturer’s defects and constant gap. To prevent airplanes. recommendation, but the degree of any confusion about the proper type of We have reviewed McDonnell urgency associated with addressing the inspection, this proposed AD would Douglas Service Bulletin DC9–53–268 subject unsafe condition, the average require a general visual inspection. We R01, Revision 01, dated July 18, 1996, utilization of the affected fleet, and the have included a definition of this type which describes procedures for time necessary to perform the of inspection in this proposed AD. modifying the insulation blankets on the modifications. In light of all of these slant pressure panels in the left and factors, we find a compliance time of 24 Clarification of Change to Applicability right wheel wells of the MLG. months for completing the required of Existing AD Accomplishing the actions specified actions to be warranted, in that it in the service information is intended to We have revised the applicability of represents an appropriate interval of adequately address the unsafe the existing AD to identify model time for affected airplanes to continue to condition. designations as published in the most operate without compromising safety. recent type certificate data sheet for the FAA’s Determination and Requirements This difference has been coordinated affected models. of the Proposed AD with Boeing. The unsafe condition described Where Boeing Service Bulletin DC9– Costs of Compliance previously is likely to exist or develop 53–179, Revision 2, specifies prior or There are about 2,025 airplanes of the on other airplanes of this same type concurrent accomplishment of affected design in the worldwide fleet. design. Therefore, we are proposing this McDonnell Douglas Service Bulletin There are about 1,131 airplanes of U.S. AD, which would supersede AD 93–13– DC9–53–268 R01 on certain airplanes, registry that would be affected by this 07. This proposed AD would retain the this proposed AD would, under certain proposed AD. The following table requirements of the existing AD. This circumstances, allow accomplishment provides the estimated costs, using an proposed AD would also require of Service Bulletin DC9–53–268 R01 average labor rate of $65 per hour, for inspecting the seal assemblies of the within 24 months after the effective date U.S. operators to comply with this overwing emergency exit doors for of this proposed AD. We find that this proposed AD.

ESTIMATED COSTS

Cost per Action Work hours Parts airplane Fleet cost

Install water drain system (required by AD 93–13–07) ...... 8 $613 $1,133 $1,281,423 Inspect overwing emergency exit door seal assemblies (new proposed action) ...... 1 N/A 65 73,515 Modify insulation blankets of slant pressure panel (new proposed action) .... 8 N/A 520 N/A Check auto drain valve of slant pressure panel water drain system (new proposed action) ...... 1 N/A * 65 73,515 * per inspection cycle

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Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. general visual inspection of the seal assemblies of the overwing emergency exit Title 49 of the United States Code § 39.13 [Amended] doors for defects and constant gap, and, specifies the FAA’s authority to issue 2. The FAA amends § 39.13 by before further flight, replace any defective rules on aviation safety. Subtitle I, removing amendment 39–8620 (58 FR door seal with a new door seal; in accordance Section 106, describes the authority of 38511, dated July 19, 1993) and adding with the Accomplishment Instructions of the FAA Administrator. Subtitle VII, the following new airworthiness Boeing Service Bulletin DC9–53–179, Revision 2, dated May 27, 2004. Aviation Programs, describes in more directive (AD): detail the scope of the Agency’s Note 1: For the purposes of this AD, a authority. McDonnell Douglas: Docket No. FAA–2005– general visual inspection is: ‘‘A visual 22121; Directorate Identifier 2004–NM– examination of an interior or exterior area, We are issuing this rulemaking under 128–AD. the authority described in Subtitle VII, installation, or assembly to detect obvious Comments Due Date damage, failure, or irregularity. This level of Part A, Subpart III, Section 44701, inspection is made from within touching ‘‘General requirements.’’ Under that (a) The Federal Aviation Administration distance unless otherwise specified. A mirror section, Congress charges the FAA with must receive comments on this AD action by may be necessary to ensure visual access to promoting safe flight of civil aircraft in October 3, 2005. all surfaces in the inspection area. This level air commerce by prescribing regulations Affected ADs of inspection is made under normally for practices, methods, and procedures available lighting conditions such as (b) This AD supersedes AD 93–13–07, daylight, hangar lighting, flashlight, or the Administrator finds necessary for amendment 39–8620. safety in air commerce. This regulation droplight and may require removal or Applicability opening of access panels or doors. Stands, is within the scope of that authority ladders, or platforms may be required to gain (c) This AD applies to McDonnell Douglas because it addresses an unsafe condition proximity to the area being checked.’’ that is likely to exist or develop on Model DC–9–11, DC–9–12, DC–9–13, DC–9– 14, DC–9–15, DC–9–15F, DC–9–21, DC–9–31, Inspections Already Accomplished products identified in this rulemaking DC–9–32, DC–9–32 (VC–9C), DC–9–32F, DC– action. 9–33F, DC–9–34, DC–9–34F, DC 9–32F (C– (h) Inspections accomplished before the effective date of this AD in accordance with Regulatory Findings 9A, C–9B), DC–9–41, DC–9–51, DC–9–81 (MD–81), and DC–9–82 (MD–82) airplanes; as McDonnell Douglas Service Bulletin DC9– We have determined that this identified in Boeing Service Bulletin DC9– 53–179, Revision 01, dated March 30, 1999; proposed AD would not have federalism 53–179, Revision 2, dated May 27, 2004; are considered acceptable for compliance with the requirements of paragraph (g) of this certificated in any category. implications under Executive Order AD. 13132. This proposed AD would not Unsafe Condition have a substantial direct effect on the Operational Check of Drain Valve (d) This AD was prompted by reports of (i) For all airplanes: Within 24 months after States, on the relationship between the water runoff from the slant pressure panels the effective date of this AD, perform an national Government and the States, or in the left and right main landing gear (MLG) operational check of the auto drain valve of on the distribution of power and wheel wells, which subsequently froze on the the slant pressure panel water drain system responsibilities among the various lateral control mixer and control cable and repeat this check every 24 months. If any assemblies. We are issuing this AD to prevent levels of government. auto drain valve is found to be obstructed or ice from forming on the lateral control mixer For the reasons discussed above, I inoperative, before further flight, replace the and control cable assemblies, which could certify that the proposed regulation: auto drain valve with a new auto drain valve reduce controllability of the airplane. 1. Is not a ‘‘significant regulatory according to a method approved by the action’’ under Executive Order 12866; Compliance Manager, Los Angeles Aircraft Certification 2. Is not a ‘‘significant rule’’ under the (e) You are responsible for having the Office (ACO), FAA. Chapter 51–10–01 of the DOT Regulatory Policies and Procedures actions required by this AD performed within Boeing MD–80 Aircraft Maintenance Manual (44 FR 11034, February 26, 1979); and the compliance times specified, unless the is one approved replacement method. 3. Will not have a significant actions have already been done. Note 2: After an operator complies with the requirements of paragraph (h) of this AD, economic impact, positive or negative, Restatement of Requirements of AD 93–13– paragraph (h) does not require that operators on a substantial number of small entities 07 under the criteria of the Regulatory subsequently record accomplishment of Installation of Water Drain System those requirements each time a auto drain Flexibility Act. valve is checked or replaced according to that (f) Within 24 months after August 18, 1993 We prepared a regulatory evaluation operator’s FAA-approved maintenance (the effective date of AD 93–13–07), install a of the estimated costs to comply with inspection program. this proposed AD. See the ADDRESSES water drain system in the slant pressure section for a location to examine the panel, in accordance with McDonnell Concurrent Service Bulletin Douglas DC–9 Service Bulletin 53–179, dated regulatory evaluation. January 18, 1985, as amended by Service (j) For airplanes identified in McDonnell Douglas Service Bulletin DC9–53–268 R01, List of Subjects in 14 CFR Part 39 Bulletin Change Notification 53–179 CN1, dated February 28, 1985, and Service Revision 01, dated July 18, 1996: At the Air transportation, Aircraft, Aviation Bulletin Change Notification 53–179 CN2, applicable compliance time specified in safety, Safety. dated May 30, 1985; or in accordance with paragraph (j)(1) or (j)(2) of this AD, modify McDonnell Douglas Service Bulletin DC–9– the insulation blankets on the slant pressure The Proposed Amendment 53–179, Revision 01, dated March 30, 1999; panels in the left and right wheel wells of the MLG, in accordance with the service bulletin. or Boeing Service Bulletin DC9–53–179, Accordingly, under the authority (1) For airplanes which have been Revision 2, dated May 27, 2004. After the delegated to me by the Administrator, modified, as specified in paragraph (f) of this effective date of this AD, only Boeing Service the FAA proposes to amend 14 CFR part AD, prior to the effective date of this AD: Bulletin DC9–53–179, Revision 2, dated May 39 as follows: Within 24 months after the effective date of 27, 2004, may be used. this AD. PART 39—AIRWORTHINESS New Requirements of This AD (2) For airplanes which have not been DIRECTIVES modified, as specified in paragraph (f) of this Inspection of Door Seal Assemblies AD, prior to the effective date of this AD: 1. The authority citation for part 39 (g) For all airplanes: Within 24 months Prior to or concurrently with the continues to read as follows: after the effective date of this AD, perform a accomplishment of paragraph (f) of this AD.

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Alternative Methods of Compliance inspection or copying at the above vessel control during the event, vessel (AMOCs) address between 9 a.m. and 2 p.m., traffic will be temporarily restricted to (k)(1) The Manager, Los Angeles ACO, has Monday through Friday, except Federal provide for the safety of participants, the authority to approve AMOCs for this AD, holidays. spectators and transiting vessels. if requested in accordance with the FOR FURTHER INFORMATION CONTACT: Discussion of Proposed Rule procedures found in 14 CFR 39.19. Dennis Sens, Project Manager, Auxiliary (2) AMOCs approved previously according and Recreational Boating Safety Branch, The Coast Guard proposes to establish to AD 93–13–07 are approved as AMOCs for at (757) 398–6204. temporary special local regulations on the corresponding requirements of this AD. specified waters of the Delaware River SUPPLEMENTARY INFORMATION: Issued in Renton, Washington, on August adjacent to Philadelphia, PA and 10, 2005. Request for Comments Camden, NJ. The regulated area Kalene C. Yanamura, We encourage you to participate in includes a section of the Delaware River Acting Manager, Transport Airplane this rulemaking by submitting approximately two miles long, and Directorate, Aircraft Certification Service. comments and related material. If you bounded in width by each shoreline, the [FR Doc. 05–16363 Filed 8–17–05; 8:45 am] do so, please include your name and course is bounded to the south by the BILLING CODE 4910–13–P address, identify the docket number for Walt Whitman Bridge and bounded to this rulemaking (CGD05–05–097), the north by the Benjamin Franklin indicate the specific section of this Bridge. The temporary special local DEPARTMENT OF HOMELAND document to which each comment regulations will be enforced from 9:30 SECURITY applies, and give the reason for each a.m. to 3:30 p.m. on September 24 and comment. Please submit all comments 25, 2005, and will restrict general Coast Guard and related material in an unbound navigation in the regulated area during format, no larger than 81⁄2 by 11 inches, the power boat race. The Coast Guard, 33 CFR Part 100 suitable for copying. If you would like at its discretion, when practical will allow the passage of vessels when races [CGD05–05–097] to know they reached us, please enclose a stamped, self-addressed postcard or are not taking place. Except for RIN 1625–AA08 envelope. We will consider all participants and vessels authorized by comments and material received during the Coast Guard Patrol Commander, no Special Local Regulations for Marine the comment period. We may change person or vessel will be allowed to enter Events; Delaware River, Philadelphia, this proposed rule in view of them. or remain in the regulated area during PA and Camden, NJ In order to provide notice and an the enforcement period. These regulations are needed to control vessel AGENCY: Coast Guard, DHS. opportunity to comment before issuing an effective rule, we are providing a traffic during the event to enhance the ACTION: Notice of proposed rulemaking. shorter than normal comment period. A safety of participants, spectators and SUMMARY: The Coast Guard proposes to 15-day comment period is sufficient to transiting vessels. establish special local regulations allow those who might be affected by Regulatory Evaluation during the ‘‘Liberty Grand Prix’’, a this rulemaking to submit their power boat race to be held on the waters comments because the regulations have This proposed rule is not a of the Delaware River adjacent to a narrow, local application, and there ‘‘significant regulatory action’’ under Philadelphia, PA and Camden, NJ. will be local notifications in addition to section 3(f) of Executive Order 12866, These special local regulations are the Federal Register publication such as Regulatory Planning and Review, and necessary to provide for the safety of life press releases, marine information does not require an assessment of on navigable waters during the event. broadcasts, and the Local Notice to potential costs and benefits under This action is intended to restrict vessel Mariners. section 6(a)(3) of that Order. The Office of Management and Budget has not traffic between the Walt Whitman and Public Meeting Benjamin Franklin bridges in the reviewed it under that Order. It is not Delaware River during the power boat We do not now plan to hold a public ‘‘significant’’ under the regulatory race. meeting. But you may submit a request policies and procedures of the for a meeting by writing to the address Department of Homeland Security DATES: Comments and related material listed under ADDRESSES explaining why (DHS). must reach the Coast Guard on or before one would be beneficial. If we We expect the economic impact of September 2, 2005. determine that one would aid this this proposed rule to be so minimal that ADDRESSES: You may mail comments rulemaking, we will hold one at a time a full Regulatory Evaluation under the and related material to Commander and place announced by a later notice regulatory policies and procedures of (oax), Fifth Coast Guard District, 431 in the Federal Register. DHS is unnecessary. Crawford Street, Portsmouth, Virginia Although this proposed regulation 23704–5004, hand-deliver them to Background and Purpose will prevent traffic from transiting a Room 119 at the same address between On September 24 and 25, 2005, the segment of the Delaware River adjacent 9 a.m. and 2 p.m., Monday through Offshore Performance Association, Inc. to Philadelphia, PA and Camden, NJ Friday, except Federal holidays, or fax will conduct the ‘‘Liberty Grand Prix’’, during the event, the effect of this them to (757) 398–6203. The Auxiliary on the waters of the Delaware River, regulation will not be significant due to and Recreational Boating Safety Branch, between Philadelphia, Pennsylvania the limited duration that the regulated Fifth Coast Guard District, maintains the and Camden, New Jersey. The event will area will be enforced. Extensive advance public docket for this rulemaking. consist of approximately 40 V-hull and notifications will be made to the Comments and material received from twin-hull inboard hydroplanes racing in maritime community via Local Notice to the public, as well as documents heats counter-clockwise around a oval Mariners, marine information indicated in this preamble as being race course. A fleet of spectator vessels broadcasts, area newspapers and local available in the docket, will become part is anticipated to gather nearby to view radio stations, so mariners can adjust of this docket and will be available for the competition. Due to the need for their plans accordingly. Vessel traffic

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will be able to transit the regulated area business, organization, or governmental safety that might disproportionately between heats, when the Coast Guard jurisdiction and you have questions affect children. Patrol Commander deems it is safe to do concerning its provisions or options for Indian Tribal Governments so. compliance, please contact the address listed under ADDRESSES. The Coast This proposed rule does not have Small Entities Guard will not retaliate against small tribal implications under Executive Under the Regulatory Flexibility Act entities that question or complain about Order 13175, Consultation and (5 U.S.C. 601–612), we have considered this rule or any policy or action of the Coordination with Indian Tribal whether this proposed rule would have Coast Guard. Governments, because it would not have a significant economic impact on a a substantial direct effect on one or substantial number of small entities. Collection of Information more Indian tribes, on the relationship The term ‘‘small entities’’ comprises This proposed rule would call for no between the Federal Government and small businesses, not-for-profit new collection of information under the Indian tribes, or on the distribution of organizations that are independently Paperwork Reduction Act of 1995 (44 power and responsibilities between the owned and operated and are not U.S.C. 3501–3520.). Federal Government and Indian tribes. dominant in their fields, and governmental jurisdictions with Federalism Energy Effects populations of less than 50,000. A rule has implications for federalism We have analyzed this proposed rule The Coast Guard certifies under 5 under Executive Order 13132, under Executive Order 13211, Actions U.S.C. 605(b) that this proposed rule Federalism, if it has a substantial direct Concerning Regulations That would not have a significant economic effect on State or local governments and Significantly Affect Energy Supply, impact on a substantial number of small would either preempt State law or Distribution, or Use. We have entities. This proposed rule would affect impose a substantial direct cost of determined that it is not a ‘‘significant the following entities, some of which compliance on them. We have analyzed energy action’’ under that order because might be small entities: The owners or this proposed rule under that Order and it is not a ‘‘significant regulatory action’’ operators of vessels intending to transit have determined that it does not have under Executive Order 12866 and is not this section of the Delaware River implications for federalism. likely to have a significant adverse effect during the event. on the supply, distribution, or use of This proposed rule would not have a Unfunded Mandates Reform Act energy. The Administrator of the Office significant economic impact on a of Information and Regulatory Affairs The Unfunded Mandates Reform Act substantial number of small entities for has not designated it as a significant of 1995 (2 U.S.C. 1531–1538) requires the following reasons. This proposed energy action. Therefore, it does not Federal agencies to assess the effects of rule would be in effect for only a limited require a Statement of Energy Effects their discretionary regulatory actions. In period. Although the regulated area will under Executive Order 13211. apply to the entire width of the particular, the Act addresses actions Delaware River between the Walt that may result in the expenditure by a Technical Standards Whitman and Benjamin Franklin State, local, or tribal government, in the The National Technology Transfer bridges, traffic may be allowed to pass aggregate, or by the private sector of and Advancement Act (NTTAA) (15 through the regulated area with the $100,000,000 or more in any one year. U.S.C. 272 note) directs agencies to use permission of the Coast Guard patrol Though this proposed rule would not voluntary consensus standards in their commander. In the case where the result in such an expenditure, we do regulatory activities unless the agency patrol commander authorizes passage discuss the effects of this rule elsewhere provides Congress, through the Office of through the regulated area during the in this preamble. Management and Budget, with an event, vessels shall proceed at the Taking of Private Property explanation of why using these minimum speed necessary to maintain a standards would be inconsistent with safe course that minimizes wake near This proposed rule would not effect a applicable law or otherwise impractical. the race course. Before the enforcement taking of private property or otherwise Voluntary consensus standards are period, we will issue maritime have taking implications under technical standards (e.g., specifications advisories so mariners can adjust their Executive Order 12630, Governmental of materials, performance, design, or plans accordingly. Actions and Interference with operation; test methods; sampling If you think that your business, Constitutionally Protected Property procedures; and related management organization, or governmental Rights. systems practices) that are developed or jurisdiction qualifies as a small entity Civil Justice Reform adopted by voluntary consensus and that this rule would have a standards bodies. significant economic impact on it, This proposed rule meets applicable This proposed rule does not use please submit a comment (see standards in sections 3(a) and 3(b)(2) of technical standards. Therefore, we did ADDRESSES) explaining why you think it Executive Order 12988, Civil Justice not consider the use of voluntary qualifies and how and to what degree Reform, to minimize litigation, consensus standards this rule would economically affect it. eliminate ambiguity, and reduce burden. Environment Assistance for Small Entities We have analyzed this proposed rule Protection of Children Under section 213(a) of the Small under Commandant Instruction Business Regulatory Enforcement We have analyzed this proposed rule M16475.lD, which guides the Coast Fairness Act of 1996 (Public Law 104– under Executive Order 13045, Guard in complying with the National 121), we want to assist small entities in Protection of Children from Environmental Policy Act of 1969 understanding this proposed rule so that Environmental Health Risks and Safety (NEPA)(42 U.S.C. 4321–4370f), and they can better evaluate its effects on Risks. This rule is not an economically have concluded that there are no factors them and participate in the rulemaking. significant rule and would not create an in this case that would limit the use of If the rule would affect your small environmental risk to health or risk to a categorical exclusion under section

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2.B.2 of the Instruction. Therefore, this person or vessel may enter or remain in • Fax: 1–202–493–2251. rule is categorically excluded, under the regulated area. • Mail: Docket Management Facility; figure 2–1, paragraph (34)(h), of the (2) The operator of any vessel in the U.S. Department of Transportation, 400 Instruction, from further environmental regulated area must stop the vessel Seventh Street, SW., Nassif Building, documentation. Special local immediately when directed to do so by Room PL–401, Washington, DC 20590– regulations issued in conjunction with a any Official Patrol and then proceed 0001. regatta or marine parade permit are only as directed. • Hand Delivery: Room PL–401 on specifically excluded from further (3) All persons and vessels shall the plaza level of the Nassif Building, analysis and documentation under that comply with the instructions of the 400 Seventh Street, SW., Washington, section. Official Patrol. DC, between 9 a.m. and 5 p.m., Monday Under figure 2–1, paragraph (34)(h), (4) When authorized to transit the through Friday, except Federal of the Instruction, an ‘‘Environmental regulated area, all vessels shall proceed Holidays. Analysis Check List’’ and a ‘‘Categorical at the minimum speed necessary to • Federal eRulemaking Portal: Go to Exclusion Determination’’ are not maintain a safe course that minimizes http://www.regulations.gov. Follow the required for this rule. Comments on this wake near the race course. online instructions for submitting section will be considered before we (d) Enforcement period. This section comments. make the final decision on whether to will be enforced from 9:30 a.m. to 3:30 Instructions: All submissions must categorically exclude this rule from p.m. on September 24 and 25, 2005. include the agency name and docket further environmental review. Dated: August 5, 2005. number or Regulatory Identification List of Subjects in 33 CFR Part 100 L.L. Hereth, Number (RIN) for this rulemaking. For Rear Admiral, U.S. Coast Guard, Commander, detailed instructions on submitting Marine safety, Navigation (water), Fifth Coast Guard District. comments and additional information Reporting and recordkeeping [FR Doc. 05–16411 Filed 8–17–05; 8:45 am] on the rulemaking process, see the requirements, Waterways. BILLING CODE 4910–15–P Public Participation heading of the For the reasons discussed in the Supplementary Information section of preamble, the Coast Guard proposes to this document. Note that all comments amend 33 CFR part 100 as follows: DEPARTMENT OF TRANSPORTATION received will be posted without change to http://dms.dot.gov, including any PART 100—SAFETY OF LIFE ON National Highway Traffic Safety personal information provided. Please NAVIGABLE WATERS Administration see the Privacy Act heading under Rulemaking Analyses and Notice 1. The authority citation for part 100 regarding documents submitted to the continues to read as follows: 49 CFR Parts 567 and 584 agency’s dockets. Authority: 33 U.S.C. 1233; Department of [Docket No. NHTSA 2005–22061] Docket: For access to the docket to Homeland Security Delegation No. 0170.1. RIN 2127–AJ56 read background documents or 2. Add a temporary § 100.35–T05–097 comments received, go to http:// to read as follows: Identification Requirements for Buses dms.dot.gov at any time or to Room PL– Manufactured in Two or More Stages 401 on the plaza level of the Nassif § 100.35–T05–097 Delaware River, Building, 400 Seventh Street, SW., AGENCY: National Highway Traffic Philadelphia, PA, Camden, NJ. Washington, DC, between 9 a.m. and 5 Safety Administration (NHTSA), DOT. (a) Regulated area includes all waters p.m., Monday through Friday, except of the Delaware River, from shoreline to ACTION: Notice of proposed rulemaking. Federal Holidays. shoreline, bounded to the north by the SUMMARY: FOR FURTHER INFORMATION CONTACT: For Benjamin Franklin Bridge and bounded This document proposes to amend Part 567 to require that, in non-legal issues, you may call Mr. to the south by the Walt Whitman Charles Hott, Office of Crashworthiness Bridge. addition to the vehicle identification number, additional information be Standards, at 202–366–0247; (b) Definitions. (1) Coast Guard Patrol recorded on the certification label of [email protected]. For legal Commander means a commissioned, each bus manufactured in two or more issues, you may call Mr. George Feygin, warrant, or petty officer of the Coast stages. The information would identify Office of Chief Counsel, at 202–366– Guard who has been designated by the the bus body manufacturer and various 2992; [email protected]. Commander, Coast Guard Sector vehicle attributes. This document also You may send mail to these officials Delaware Bay. proposes to add a new Part 584 to at National Highway Traffic Safety (2) Official Patrol means any vessel require manufacturers of bus bodies for Administration, 400 7th Street, SW., assigned or approved by Commander, buses manufactured in two or more Washington, DC 20590. Coast Guard Sector Delaware Bay with stages to obtain a manufacturer’s SUPPLEMENTARY INFORMATION: a commissioned, warrant, or petty identifier and to provide information to officer on board and displaying a Coast Table of Contents NHTSA about the bus bodies Guard ensign. manufactured. I. Background (3) Participant includes all vessels A. Why the Agency Needs More Precise participating in the Liberty Grand Prix DATES: Comments must be received on Information on Buses Manufactured in under the auspices of the Marine Event or before October 17, 2005. Two or More Stages. Permit issued to the event sponsor and ADDRESSES: You may submit comments B. Current Certification Process for Buses approved by Commander, Coast Guard identified by the docket number by any Manufactured in Two or More Stages. II. The Proposed Rule Sector Delaware Bay. of the following methods: • III. Benefits (c) Special local regulations. (1) Web site: http://dms.dot.gov. IV. Costs Except for event participants and Follow the instructions for submitting V. Request for Comments persons or vessels authorized by the comments on the DOT electronic docket VII. Rulemaking Analyses and Notices Coast Guard Patrol Commander, no site. VIII. Proposed Regulatory Text

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I. Background accident report forms, thereby greatly incomplete vehicle manufacturer. The simplifying identification work when bus body is typically manufactured and A. Why the Agency Needs More Precise conducting investigations or analyses of installed by a final stage manufacturer. Information on Buses Manufactured in FARS. NTSB believes that ‘‘the The last five years of FARS data Two or More Stages incorporation of bus identification into reveal that there are about twelve On November 2, 1999, the National the VIN and expansion of the use fatalities per year that fall within the Transportation Safety Board (NTSB) category will correct some of the ‘‘other’’ or ‘‘unknown’’ bus type issued recommendations to the U.S. inaccuracies in FARS data.’’2 categories. There is no way to identify Department of Transportation (DOT) to In June and August of 2000, meetings in the FARS database buses that are develop standard definitions and were held between the Office of the manufactured in two or more stages and classifications for each of the different Secretary of the Department of are involved in fatal crashes. The bus body types and to include these Transportation, National Highway current system requires that the VIN be definitions and classifications in the Traffic Safety Administration (NHTSA), recorded on the police accident report Federal Motor Vehicle Safety Standards Federal Motor Carrier Safety filed by the state. Although the final (FMVSSs).1 Specifically, the NTSB Administration (FMCSA), Federal stage manufacturer name must be recommended: Transit Administration, NTSB, bus recorded on the certification label, the In 1 year and in cooperation with the bus manufacturers, and industry association current system does not require that manufacturers, complete the development of representatives. At the meetings, the police record this information on the standard definitions and classifications for parties discussed whether bus police accident report. If this proposal is each of the different bus body types, and configuration or bus use would be adopted, it would give researchers and include these definitions and classifications appropriate determining factors in analysts the ability to determine the in the Federal Motor Vehicle Safety devising a coding scheme for the final descriptive information about the Standards (FMVSS). (H–99–43) stage manufacturers’ certification labels defined characteristics of the bus body Once the standard definitions and without the need to perform a study of classifications for each of the different bus and police accident report forms. types have been established in the Federal At the meetings, it was suggested that each crash. This information could be Motor Vehicle Safety Standards, in in-service bus uses vary considerably used by researchers and others to better cooperation with the National Association of and often change, and therefore, it define safety improvements to reduce Governors’ Highway Safety Representatives, would be impractical to develop bus the number of fatalities and serious amend the Model Minimum Uniform Crash definitions based on use. Instead, injuries in bus crashes. Criteria’s bus configuration coding to attendees suggested that basic B. Current Certification Process for incorporate the FMVSS definitions and descriptive information such as length, standards. (H–99–44) Buses Manufactured in Two or More seating configuration, or accessibility Stages The recommendations were a result of features for persons with disabilities, the NTSB September 1999 safety study could be provided to better identify the Although some buses are ‘‘Bus Crashworthiness.’’ During that type of bus body installed on the manufactured in a single stage by a study, NTSB experienced difficulty chassis. single manufacturer, many smaller determining detailed descriptive It was also suggested that, in addition buses are manufactured in multiple characteristics of buses manufactured in to the VIN, descriptive information stages by a series of manufacturers. For two or more stages from the Fatality could be encoded on the final stage example, an incomplete vehicle Analysis Reporting System (FARS) manufacturer’s certification label. manufacturer may provide chassis and database. Although bus body Because the final stage bus engine, while the final stage manufacturers are required to certify manufacturers already routinely record manufacturer would install a body, thus that their vehicles meet the FMVSSs, a body number on the certification label, completing the bus. Under the current they are not required to encode in the this would not be a complex or requirements in 49 CFR Part 565, the certification label affixed to the controversial task. We have considered incomplete vehicle manufacturer completed vehicle any descriptive the issues raised at the meetings in assigns the VIN. The VIN and other information about the body they install. preparing this proposal. required information is sent with the When buses are involved in crashes, Currently, the FARS records fatalities incomplete vehicle document (IVD) that the police report and FARS record the in the following bus type categories: is required by 49 CFR part 568, Vehicles vehicle identification number (VIN). intercity, transit, school, other, and Manufactured in Two or More Stages. The name of the manufacturer is unknown. Little is known about the The final stage manufacturer, when required to be on the certification label, type of buses involved in the fatalities completing the vehicle, then transcribes but this information is not typically that appear in ‘‘other’’ and ‘‘unknown’’ this information to the vehicle recorded on the police accident report bus type categories. These buses are certification label that is required by 49 form. For vehicles manufactured in one typically specialty type buses that are CFR Part 567, Certification. This NPRM stage, the type of vehicle and bus body manufactured in two or more stages. proposes to require final stage information is already encoded into the They include the buses that are used for manufacturers to add additional VIN. However, for buses manufactured shuttle services to and from airports, information to the certification label as in more than one stage, the VIN only transit systems for transporting the a suffix to the VIN. This information identifies the incomplete vehicle medically fragile and mobility impaired, would describe the vehicle manufacturer. The final stage churches to transport people to and manufacturer and certain attributes manufacturer name and bus model are from religious events, and businesses to about the type of bus, e.g., model not encoded in the VIN and are not shuttle people from location to location. number, seat configuration, and bus recorded in the police accident reports. These buses typically incorporate a body length. NTSB recommended that descriptive cutaway chassis provided by an II. The Proposed Rule information be captured on police 2 Highway Special Report: ‘‘Bus Crashworthiness This NPRM proposes to amend Part 1 See http://www.ntsb.gov/recs/letters/1999/ Issues, National Transportation Safety Board,’’ 567 to require that a new ten-digit suffix h99%5F43%5F44.pdf. September 1999. be appended to the VIN on the

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certification label for buses incident report and in FARS or National manufacturers in the database. This manufactured in two or more stages. Automotive Sampling System General should be a sufficient number of digits The new suffix would identify the bus Estimates System (NASS/GES), crash to allow for many years of expansion. body manufacturer and certain investigators and analysts would have The fourth digit would be an attributes about the type of bus, e.g., sufficient information to ascertain the alphanumeric character and would model number, seat configuration, and type of bus as well as other make and identify the manufacturer’s model bus body length. It also proposes to add model information such as bus length number. This allows for as many as 36 a new Part 584 to require that bus body and seat configuration. We believe the different models within a given manufacturers of buses manufactured in proposed final stage manufacturer suffix manufacturer. The fifth digit would two or more stages obtain a should be kept as simple as possible to identify the as-built gross vehicle weight manufacturer’s identifier and provide reduce the chance that it will be rating (GVWR) of the vehicle. The sixth the descriptive information necessary to improperly recorded at the scene of the digit would be an alphanumeric decode the suffix. This manufacturer incident or crash. NHTSA believes that character that identifies the bus body identifier will be part of the unique a ten-digit descriptor would be large length and seating configuration. The descriptive information that will be enough to capture this information. manufacturer would assign the sixth recorded on the certification label. The first three digits would identify digit in accordance with Table 1. The NHTSA believes that the proposed the final stage bus manufacturer. These last four digits, digits seven through ten, coding scheme would provide the digits would be alphanumeric would consist of a sequence number minimum necessary information so that characters, 0–9, and A–Z. This would that would identify the body production when it is recorded on the police allow for as many as 46,656 sequence.

TABLE 1.—BUS LENGTH AND SEATING CONFIGURATION CODES

Bus body length (mm) Seating configuration ≤ >6,096 >6,706 >7,620 6,096 ≤6,706 ≤7,620 ≤8,534 >8,534

Forward ...... A E I M Q Rearward ...... B F J N R Side ...... C G K O S Combination ...... D H L P T

The ‘‘Manufacturer’s Identification’’ specifications. This specification would include buses that have seats would require that each manufacturer of identifies five categories for bus lengths: arranged in more than one seating a bus that is manufactured in two or ≤6,096 mm (20 feet) direction. NHTSA proposes the letter more stages have a unique identifier. >6,096 mm (20 feet) ≤ 6,706 mm (22 codes shown in Table 1 above, that will NHTSA would assign these feet) uniquely identify the bus body length manufacturer identification numbers >6,706 mm (22 feet) ≤ 7,620 mm (25 and seating configurations. and would maintain a database. feet) The last four digits would indicate a Manufacturers would write to the >7,620 mm (25 feet) ≤ 8,534 mm (28 manufacturer sequence number. This agency to have an identification code feet) number could be the model sequence assigned. >8,534 mm (28 feet) number or the body production sequence that manufacturers currently Currently, school buses are the only The manufacturer assigns the assign and provide. ‘‘Model’’ digit. This would identify the buses that have known seating We are proposing to make the particular model that the manufacturer configurations. School buses are proposed rule effective 18 months after assigns to the bus. Having this number required to have all the passenger seats publication of a final rule. recorded would allow a researcher or forward facing. Other buses, such as investigator to contact the manufacturer airport shuttles, rental car shuttles and III. Benefits to find out the specifics of the bus. transit buses, typically have forward This rulemaking does not have any facing and side facing seats. Some The ‘‘GVWR’’ digit would identify the directly attributable benefits. However, specialty buses have ‘‘social seating.’’ GVWR in the as-built configuration. If indirect derivative benefits for future Social seating is defined herein as the manufacturer does not change the safety improvements from this proposal having sets of two rows of seats that face are possible since it would provide GVWR provided in the IVD, then they each other in the fore and aft direction need only to provide an identification crash investigators information about of the bus body, i.e., one row of seats is the bus manufacturer and other code for that value. If the manufacturer rear facing and the row immediately changes the GVWR that is provided in information related to the construction after that is forward facing. Some buses of the bus body. The unique descriptor the IVD, then they would have to have all side facing seats. identify that value. would assist investigators, analysts, the NHTSA believes that a scheme that public, and industry by providing new The ‘‘Body Length and Seat encodes the body length and seating safety-related information that identifies Configuration’’ digit identifies the bus configuration would be beneficial in the manufacturer and other specifics body length and seating configuration. assessing the safety of the various about buses that are manufactured in The bus body length is defined as the seating configurations used in today’s two or more stages. overall length of the vehicle and is buses. Seating configuration can be modeled after the National Truck grouped into four categories: forward IV. Costs Equipment Association s Mid-Size Bus facing, rear facing, side facing and NHTSA believes that there would be Manufacturers Association combination. The combination category a one-time administrative cost for the

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bus manufacturer to go through the the police officers and then transcribed or studies. NHTSA seeks comments process of obtaining a manufacturer in the FARS database correctly. regarding other approaches to obtaining identifier, learn the final rule and 3. To address the problem of information about buses manufactured change their certification label system. transcription errors, many of the larger in two or more stages that have been NHTSA estimates that it will take vehicle manufacturers are placing involved in fatal crashes. manufacturers approximately one hour universal product codes (bar codes) on One possible solution would be to ($40 per hour) to apply for the number, the certification label, and in some perform a study of buses involved in eight hours ($40 per hour) to learn the police jurisdictions each officer has a fatal crashes each year and produce a final rule, and three 8-hour days ($80 bar code reader for reading drivers publicly available report. Researchers per hour) for a software programmer to license information and vehicle and other parties could review this setup the system. The total cost of this information electronically at the scene report and make inquiries to the effort is estimated to be $2,280 per to reduce the chance for error. We seek manufacturer about the attributes of the manufacturer [(9 hours @ $40 per hour comment about what proportion of bus body if needed for their research. = $360) + (24 hours @ $80 per hour = police investigators of fatal crashes Currently, FMCSA performs such a 1,920) = $2,280]. NHTSA is aware of 80 would have such technology. Given that study annually. Given that FMCSA manufacturers of buses in two or more transcription errors do exist, in the produces an annual report, we are stages. Therefore, NHTSA estimates the FARS database, should NHTSA require seeking comment about what value total one time cost to be approximately that buses built in two or more stages requiring this description information $182,400 (80 X $2,280). place bar code information on the on the certification label would add. NHTSA also believes that adding certification label? In the event that Another possible solution would be to more numbers to the label would result NHTSA decided to require the record final stage manufacturer in an additional cost of approximately manufacturers to provide the information on the police accident $0.01 per bus. Using the information for certification label information in a bar reports. With the name of the final stage the 2003 production year for school code format, NHTSA is also seeking manufacturer and the VIN, researchers buses and mid-sized buses, NHTSA information on the cost of bar code could contact bus manufacturers and estimates that there are approximately equipment and associated software. obtain the necessary information 43,000 buses manufactured in two or 4. NHTSA proposes that the new ten- regarding the vehicle’s configuration. more stages annually. Therefore, digit suffix identifying the bus body Currently, the investigative police NHTSA estimates that the recurring cost manufacturer and certain attributes officer at the crash scene completes a to all the manufacturers would be $430 about the bus type be included in the police accident report (PAR) that (43,000 X $0.01). NHTSA estimates that Model Minimum Uniform Crash includes the VIN and other information it would take manufacturers one-hour Criteria’s (MMUCC) document. The required by the state for fatal crashes. ($40) to prepare the paper work for MMUCC is the document that States use The PAR information is then transcribed annual submission for a annual cost of as a template for the police accident by the state analyst into the FARS $3,200 (80 X $40) for a total annual reports used to collect information at database and submitted to NHTSA recurring cost of $3,630 ($430 + $3,200). the crash scene. The MMUCC is annually. Given that the name of the Most, if not all, manufacturers of produced through a committee process final stage manufacturer is already buses built in two or more stages are involving the States. The States then required on the certification label, what small businesses. Although we expect voluntarily incorporate these model is the viability of having the police additional costs to be minimal, we seek codes into their accident report forms. officer record the name of the final stage comment on what impact this added If the States incorporate this new bus manufacturer on the PAR? data recording would have on information into the MMUCC, NHTSA seeks any other suggestions manufacturers of buses built in two or manufacturer information and for capturing information on buses more stages. descriptive information about buses manufactured in two or more stages for manufactured in two or more stages researchers and analysts to perform V. Request for Comments would be available in the FARS safety research. NHTSA requests public We request comments on the database. Achieving the full potential comments on specific suggestions. following issues: benefits of this rulemaking would be 6. We are proposing to add a new Part 1. Because the primary purpose of the dependent upon State adoption of the 584 to Chapter 49. However, we are also police officer on the scene of a fatal revised MMUCC. We are seeking considering incorporating these crash is to secure the crash site for the comment from State and local proposed requirements into one or more safety of other motorists on the government regarding whether they existing regulations, such as Part 566. highway, we are seeking comment on would voluntarily change their police Comments are invited on this issue. the burden recording this final stage accident reports to include this manufacturer suffix, in addition to the information, and if so, what would be How Do I Prepare and Submit VIN, would impose on the police the burden to record the additional Comments? investigator. information. Interested persons are invited to 2. Benefits from this rulemaking may 5. There may be other possible submit comments in response to this be limited by mistakes made in the methods to obtain information about request for comments. For easy transcription of the new ten-digit suffix. fatalities in buses manufactured in two reference, the agency has consecutively NHTSA has been concerned about or more stages. Given that the numbered its questions. We request that errors in the FARS data as a result of population for bus crashes in the commenters respond to each question transcription errors when recording the ‘‘other’’ and ‘‘unknown’’ categories is by these numbers and provide all VIN. The same risk of transcription very small, 12 fatalities a year, there relevant factual information of which errors exists in the context of recording may be non-regulatory solutions to they are aware to support their the final stage manufacturer suffix. We make this data readily available so it can conclusion or opinions, including but are seeking comment on the likelihood be used by researchers, investigators, not limited to statistical data and that the final stage manufacturer suffix analysts, the public, and the industry estimated cost and benefits, and the would be recorded at the crash scene by when conducting safety investigations source of such information.

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Your comments must be written and hours of the Docket are 9 a.m. to 5 p.m., number scheme so that the same in English. To ensure that your Monday to Friday, except Federal information can be collected and comments are correctly filed in the holidays. analyzed as is done for buses that are Docket, please include the docket You may also see the comments on built by a single manufacturer. the Internet. To read the comments on number of this document in your C. Executive Order 13132 (Federalism) comments. the Internet, take the following steps: Your comments must not be more Go to the Docket Management System Executive Order 13132, ‘‘Federalism’’ than 15 pages long. (49 CFR 553.21). We (DMS) Web page of the Department of (64 FR 43255, August 10, 1999), requires established this limit to encourage you Transportation (http://dms.dot.gov). NHTSA to develop an accountable to write your primary comments in a On that page, click on ‘‘search.’’ process to ensure ‘‘meaningful and concise fashion. However, you may On the next page (http://dms.dot.gov/ timely input by State and local officials attach necessary additional documents search/), type in the five-digit docket in the development of regulatory to your comments. There is no limit on number shown at the beginning of this policies that have federalism the length of the attachments. document. Example: If the docket implications.’’ ‘‘Policies that have Please submit two copies of your number were ‘‘NHTSA–2001–12345,’’ federalism implications’’ are defined in comments, including the attachments, you would type ‘‘12345.’’ After typing the Executive Order to include to Docket Management at the address the docket number, click on ‘‘search.’’ regulations that have ‘‘substantial direct given above under ADDRESSES. On the next page, which contains effects on the States, on the relationship docket summary information for the between the national government and How Can I Be Sure That My Comments the States, or on the distribution of Were Received? docket you selected, click on the desired comments. You may download the power and responsibilities among the If you wish Docket Management to comments. various levels of government.’’ The notify you upon its receipt of your Please note that even after the agency has analyzed this rulemaking in comments, enclose a self-addressed, comment closing date, we will continue accordance with the principles and stamped postcard in the envelope to file relevant information in the criteria contained in Executive Order containing your comments. Upon Docket as it becomes available. Further, 13132 and has determined that it does receiving your comments, Docket some people may submit late comments. not have sufficient federalism Management will return the postcard by Accordingly, we recommend that you implications to warrant the preparation mail. periodically check the Docket for new of a federalism summary impact material. statement. Although, the agency would How Do I Submit Confidential Business seek voluntary cooperation by the States Information? VII. Rulemaking Analyses and Notices in the gathering and reporting of If you wish to submit any information A. Executive Order 12866 and DOT information, the final rule, if issued, under a claim of confidentiality, you Regulatory Policies and Procedures would have no substantial effects on the should submit three copies of your States, or on the current Federal-State complete submission, including the NHTSA has considered the impact of relationship, or on the current information you claim to be confidential this rulemaking action under Executive distribution of power and business information, to the Chief Order 12866 and the Department of responsibilities among the various local Counsel, NHTSA, at the address given Transportation’s regulatory policies and officials. Nevertheless, the agency seeks above under FOR FURTHER INFORMATION procedures. The Office of Management comment from State and local officials CONTACT. In addition, you should and Budget has not reviewed this regarding this rulemaking. submit two copies, from which you rulemaking document under E.O. 12866, have deleted the claimed confidential ‘‘Regulatory Planning and Review.’’ D. Executive Order 12988 (Civil Justice business information, to Docket This rulemaking is not considered Reform) Management at the address given above significant under the Department of The proposed rule would not have under ADDRESSES. When you send a Transportation’s regulatory policies and any retroactive effect. A petition for comment containing information procedures. This proposed rule would reconsideration or other administrative claimed to be confidential business impose minimal costs on regulated proceeding would not be a prerequsite information, you should include a cover parties or on the American public since to an action seeking judicial review of letter setting forth the information it would merely require final stage bus a final rule. If adopted as a final rule, specified in our confidential business manufacturers to print ten additional the regulation would preempt state laws information regulation. (49 CFR part digits on a label that the manufacturers and regulations that are in actual 512.) are already required to produce. conflict with the Federal regulation. Will the Agency Consider Late B. Regulatory Flexibility Act E. Executive Order 13045 (Protection of Comments? NHTSA has considered the effects of Children From Environmental Health and Safety Risks) We will consider all comments that this rulemaking action under the Docket Management receives before the Regulatory Flexibility Act (5 U.S.C. 601 Executive Order 13045 applies to any close of business on the comment et seq.) This action would not have a rule that: (1) Is determined to be closing date indicated above under significant economic impact on a ‘‘economically significant’’ as defined DATES. To the extent possible, we will substantial number of small businesses under E.O. 12866, and (2) concerns an also consider comments that Docket even though most, if not all, environmental, health or safety risk that Management receives after that date. manufacturers of buses manufactured in NHTSA has reason to believe may have two or more stages are small businesses. a disproportionate effect on children. If How Can I Read the Comments This rule would not have a significant the regulatory action meets both criteria, Submitted by Other People? economic impact on these entities we must evaluate the environmental You may read the comments received because all manufacturers already health or safety effects of the planned by Docket Management at the address record a ‘‘body number’’ on the buses. rule on children, and explain why the given above under ADDRESSES. The This rule only standardizes the body planned regulation is preferable to other

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potentially effective and reasonably divided by 1⁄3600 of an hour) per year and the American National Standards feasible alternatives considered by us. under Clearance No. 2127–0510. Institute (ANSI). If NHTSA does not use This rulemaking is not economically The second OMB approved collection available and potentially applicable significant. of information that may be affected voluntary consensus standards, we are F. Paperwork Reduction Act would be OMB Clearance No. 2127– required by the Act to provide Congress, 0006 ‘‘Fatality Analysis Reporting through OMB, with an explanation of Under the Paperwork Reduction Act System (FARS).’’ The clearance expires the reasons for not using such of 1995 (PRA), a person is not required on March 31, 2008, and OMB has standards. This rulemaking only to respond to a collection of information approved NHTSA to collect 82,364 addresses the information to be by a Federal agency unless the hours (affecting 38,309 responses) under included on a certification label. As collection displays a valid Office of Clearance No. 2127–0006. This such, the issues involved here are not Management and Budget (OMB) control clearance includes OMB approval for amenable to the development of number. This proposed rule would Standard Forms HS–214, HS–214A, HS– voluntary standards. introduce new collection of information 214B, and HS–214C.’’ As earlier stated, H. Unfunded Mandates Reform Act requirements in that the proposal, if if made final, this proposed rule would made final, would require new require extra data to be collected on the The Unfunded Mandates Reform Act information to be provided on existing approximately twelve bus crashes of 1995 requires agencies to prepare a NHTSA specified labels and Standard occurring each year that result in written assessment of the costs, benefits Forms. If made final, this proposed rule fatalities to bus passengers. and other effects of proposed or final would result in the following changes to If this rule is made final, NHTSA rules that include a Federal mandate two collections of information for which would amend one or more of the likely to result in the expenditure by NHTSA has obtained Collection of approved Standard Forms to include the State, local or tribal governments, in the Information Clearances from OMB. bus attributes earlier described in this aggregate, or by the private sector, of The first OMB approved collection of notice. Those collecting the information more than $100 million annually information that may be affected would (adjusted for inflation with base year of be OMB Clearance No. 2127–0510 at the crash site would include the extra information about the attributes of the 1995). The final rule, if issued, would ‘‘Consolidated VIN Requirements and not require the expenditure of resources Motor Vehicle Theft Prevention bus in which a passenger died as a result of a crash. NHTSA believes that above and beyond $100 million Standards.’’ The clearance expires on annually. March 21, 2008, and OMB has approved it would take the person filling out the NHTSA to collect 1,535,249 hours report an extra minute to provide I. National Environmental Policy Act information about the bus attributes. (affecting 23,000,000 responses) under NHTSA has analyzed this rulemaking Clearance No. 2127–0510. As earlier Therefore, NHTSA estimates that if this proposed rule is made final, the total action for the purposes of the National stated, if made final, this proposed rule Environmental Policy Act. The agency would require the affected 80 bus recurring collection of information burden on all those collecting has determined that implementation of manufacturers to go through the process this action will not have any significant of creating VIN suffixes. Each of the bus information pursuant to FARS would be approximately 12 minutes (1 minute impact on the quality of the human manufacturers would obtain a environment. manufacturer identifier, learn the final multiplied by 12 crashes) per year under rule and change their certification label Clearance No. 2127–0006. J. Regulatory Identifier Number (RIN) system. There would be the following G. National Technology Transfer and The Department of Transportation one-time costs: one hour (at $40 an Advancement Act assigns a regulation identifier number hour) to apply for the number, and eight Section 12(d) of the National (RIN) to each regulatory action listed in hours (at $40 an hour) to learn the final the Unified Agenda of Federal rule; plus three days for a software Technology Transfer and Advancement Act (NTTAA) requires NHTSA to Regulations. The Regulatory Information programmer to set up the system (at $80 Service Center publishes the Unified an hour). The total cost of this effort per evaluate and use existing voluntary 3 Agenda in April and October of each bus manufacturer is $2,280 [(9 hours consensus standards in its regulatory activities unless doing so would be year. You may use the RIN contained in multiplied by $40 per hour = $360) + the heading at the beginning of this (24 hours multiplied by $80 per hour = inconsistent with applicable law (e.g., the statutory provisions regarding document to find this action in the 1,920) = $2,240]. NHTSA estimates the Unified Agenda. total one-time cost to be 80 NHTSA’s vehicle safety authority) or manufacturers times $2,280 or $182,400. otherwise impractical. In meeting that K. Privacy Act requirement, we are required to consult NHTSA further estimates that adding Please note that anyone is able to with voluntary, private sector, more numbers to the VIN and search the electronic form of all consensus standards bodies. Examples certification labels will result in an comments received into any of our of organizations generally regarded as additional cost of approximately $0.01 dockets by the name of the individual voluntary consensus standards bodies per bus and 1/3600 burden hours (one submitting the comment (or signing the include the American Society for second) per bus. Using the information comment, if submitted on behalf of an Testing and Materials (ASTM), the for the 2003 production year for school association, business, labor union, etc.). Society of Automotive Engineers (SAE), buses and mid-sized buses, NHTSA You may review DOT’s complete estimates that there are approximately Privacy Act Statement in the Federal 3 Voluntary consensus standards are technical 43,000 buses manufactured in two or standards developed or adopted by voluntary Register published on April 11, 2000 more stages annually. Therefore, consensus standards bodies. Technical standards (Volume 65, Number 70; Pages 19477– NHTSA estimates that if this proposed are defined by the NTTAA as ‘‘performance-based 78), or you may visit http://dms.dot.gov. rule is made final, the total recurring or design-specific technical specifications and cost to all bus manufacturers would be related management systems practices.’’ They VIII. Proposed Regulatory Text × pertain to ‘‘products and processes, such as size, an increase of $430 (43,000 $0.013) strength, or technical performance of a product, In consideration of the foregoing, and approximately 12 hours (43,000 process or material.’’ NHTSA proposes to amend 49 CFR

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Parts 567 and add Part 584 to read as 584.1 Purpose and scope. Body length means the overall length follows: 584.2 Applicability. of the vehicle main structure from front 584.3 Definitions. bumper to rear bumper, but does not List of Subjects in 49 CFR Parts 567 and 584.4 General requirements. include any attachment hardware that 584 584.5 Content requirements for buses manufactured in two or more stages. may be projecting outward from the Labeling, Motor vehicle safety, vehicle. Reporting and recordkeeping 584.6 Reporting requirements. requirements. Authority: 49 U.S.C. 322, 30111, 30115, Seating configuration means seating 30117, 30141, 30146, 30166, and 30168; placement with respect to the PART 567—CERTIFICATION delegation of authority at 49 CFR 1.50. longitudinal axis of the bus body. 1. The authority citation for Part 567 § 584.1 Purpose and scope. Sequence number means the number would continue to read as follows: sequentially assigned by the This part specifies format and content manufacturer in the production process. Authority: 49 U.S.C. 322, 30111, 30115, requirements for a suffix to the vehicle 30117, 30166, 32502, 32504, 33101–33104, identification number (VIN) to simplify § 584.4 General requirements. 33108, and 33109; delegation of authority at the identification of particular types of (a) Each bus manufactured in two or 49 CFR 1.50. buses, facilitate the retrieval, more stages shall have a suffix to the comparison, and analysis of crash data, § 567.5 [Amended] vehicle identification number that is and increase the accuracy and efficiency 2. Section 567.5 would be amended assigned by the bus body manufacturer. by adding new paragraph (c)(10) to read of vehicle recall campaigns. (b) Each character in the final stage as follows: § 584.2 Applicability. manufacturer suffix shall be one of the * * * * * letters in the set: (c)(10) In the case of a bus, the final This part applies to buses manufactured in two or more stages. [ABCDEFGHIJKLMNOPQRSTUVWXYZ] stage manufacturer’s descriptor in or a numeral in the set: [0123456789] accordance with Part 584 of this § 584.3 Definitions. chapter. § 584.5 Content requirements for buses Final stage manufacturers manufactured in two or more stages. * * * * * identification means a unique PART 584—BUSES MANUFACTURED identification code that is assigned by Manufacturers and alterers of buses IN TWO OR MORE STAGES the National Highway Traffic Safety manufactured in two or more stages Administration to the manufacturer. shall affix a unique (within the model A new Part 584 would be added to Model means the type of bus body type for each manufacturer) suffix after read as follows: type as assigned by the bus body the VIN. This suffix shall be separated manufacturer. by a hyphen and be placed after the VIN PART 584—BUSES MANUFACTURED on the vehicle certification label as IN TWO OR MORE STAGES GVWR means the gross vehicle weight rating as defined in 49 CFR Part 567 in shown in figure 1. Sec. the as built configuration. BILLING CODE 4910–59–P

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The final stage manufacturer’s alphanumeric characters that shall be descriptor shall consist of 10 grouped as shown in figure 2:

BILLING CODE 4910–59–C identifies the manufacturer’s model and stage manufacturer suffix. This (a) The first section shall consist of is assigned by the final stage identifies the bus body length and three alphanumeric characters that manufacturer. seating configuration and is assigned by occupy positions one through three (1– the manufacturer as per Table 1. 3) in the final stage manufacturer suffix. (c) The third section shall consist of This section shall uniquely identify the a single digit that represents the gross (e) The fifth section shall consist of final stage manufacturer. vehicle weight rating of the bus in the sequence number that occupies (b) The second section shall consist of as built configuration. positions seven through ten (7–10). This a single alphanumeric character that (d) The fourth section shall consist of sequence identifies the body production occupies position four (4) in the final a single alphanumeric character that sequence as assigned by the bus stage manufacturer suffix. This occupies position six (6) in the final manufacturer.

TABLE 1

Bus body length (mm) Seating configuration ≤ >6,096 >6,706 >7,620 6,096 ≤6,706 ≤7,620 ≤8,534 >8,534

Forward ...... A E I M Q Rearward ...... B F J N R Side ...... C G K O S Combination ...... D H L P T

§ 584.6 Reporting requirements. least 60 days before affixing the label to by a final stage manufacturer suffix (a) All requests for assignments of a the first bus using the identifier. containing that information. The final stage manufacturer identifier (c) Manufacturers of vehicles subject information shall be addressed to: Office should be forwarded directly to: Office to this part shall submit to NHTSA the of Vehicle Safety Compliance, National of Vehicle Safety Compliance, National information necessary to decipher the Highway Traffic Safety Administration, Highway Traffic Safety Administration, characters contained in its final stage 400 Seventh Street, SW., Washington, 400 Seventh Street, SW., Washington, manufacturer suffix. The agency will DC 20590, Attention: Bus not routinely provide written approvals DC 20590, Attention: Bus Manufacturer’s Coordinator. of these submissions, but will contact Manufacturer’s Coordinator. Issued: August 12, 2005. the manufacturer should any corrections (b) Manufacturers of vehicles subject to these submissions be necessary. Roger A. Saul, to this part shall submit to NHTSA, (d) The information required under Director, Office of Crashworthiness either directly or through an agent, the paragraph (c) of this section shall be Standards. unique descriptor for each make and submitted at least 60 days prior to [FR Doc. 05–16324 Filed 8–17–05; 8:45 am] model of vehicle it manufacturers at offering for sale the first bus identified BILLING CODE 4910–59–P

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Notices Federal Register Vol. 70, No. 159

Thursday, August 18, 2005

This section of the FEDERAL REGISTER 1400 Independence Avenue, SW., update the Recommended contains documents other than rules or Washington, DC 20250–0230 Requirements. proposed rules that are applicable to the By fax: (202) 720–2643, During its July 2003 annual meeting, public. Notices of hearings and investigations, By e-mail: [email protected] the Dairy Division of NASDA passed committee meetings, agency decisions and or via the electronic process available at resolutions requesting USDA to provide rulings, delegations of authority, filing of the Federal eRulemaking portal at provisions for sheep milk, add follow- petitions and applications and agency http://www.regulations.gov up procedures used when plant- statements of organization and functions are Comments should reference the examples of documents appearing in this commingled milk in storage tanks section. docket number and the date and page exceeds the maximum allowable number of this issue of the Federal bacterial estimate, and providing a Register. Any comments received may definition for heat-treated cream. AMS DEPARTMENT OF AGRICULTURE be inspected at the above address during reviewed these resolutions and regular business hours (8 a.m.—4:30 developed a draft that identified the Agricultural Marketing Service p.m.) or accessed via the Internet at changes associated with this request. http://www.ams.usda.gov/dairy/ [DA–03–07] This draft was provided to State stand.htm. regulatory officials and dairy trade Milk for Manufacturing Purposes and The current Recommended association representatives for informal Its Production and Processing; Requirements are available either from discussion prior to publication in the Requirements Recommended for the above mailing address or by Federal Register. Adoption by State Regulatory accessing the following internet address: The requirements of Executive Order Agencies http://www.ams.usda.gov/dairy/ 13132, Federalism, were considered in manufmlk.pdf. The proposed changes to developing this notice, and it has been AGENCY: Agricultural Marketing Service, the Recommended Requirements are determined that this action does not USDA. also available from the above mailing have federalism implications as defined ACTION: Final notice. address or by accessing the following under the executive order. This action Internet address: http:// does not have substantial effects on the SUMMARY: This document proposes to www.ams.usda.gov/dairy/dockets.htm. States (the relationship between the adopt as a final notice add to the FOR FURTHER INFORMATION CONTACT: national government and the States or recommended manufacturing milk Reginald Pasteur, Marketing Specialist, on the distribution of power and requirements (Recommended Standardization Branch, Dairy responsibilities among the various Requirements) by providing provisions Programs, AMS, USDA, telephone (202) levels of government). The adoption of for sheep milk, adding follow-up 720–7473 or e-mail the Recommended Requirements by procedures used when plant- [email protected]. State regulatory agencies is voluntary. commingled milk in storage tanks States maintain the responsibility to SUPPLEMENTARY INFORMATION: exceeds the maximum allowable Under the establish dairy regulations and continue bacterial estimate, and providing a authority of the Agricultural Marketing to have the option to establish definition for heat-treated cream. The Act of 1946, as amended (7 U.S.C. 1621– regulations that are different from the notice to add to the recommended 1627), the United States Department of Recommended Requirements. A State manufacturing milk requirements Agriculture maintains a set of model may choose to have requirements less (Recommended Requirements) was regulations relating to quality and restrictive or more stringent than the initiated at the request of the Dairy sanitation requirements for the Recommended Requirements. Their Division of the National Association of production and processing of decision to have different requirements State Departments of Agriculture manufacturing grade milk. These would not affect the ability of milk (NASDA) and developed in cooperation Recommended Requirements are producers to market milk or of with NASDA, the Food and Drug developed by AMS and recommended procession plants to produce dairy Administration (FDA), dairy trade for adoption and enforcement by the products in their state. AMS is associations, and producer groups. This various States that regulate publishing this notice with a 60-day document also proposes certain other manufacturing grade milk. The purpose comment period to provide a sufficient changes to the Recommended of the model requirements is to promote time for interested persons to comment Requirements for clarity and uniformity in State dairy laws and on the changes. consistency. regulations relating to manufacturing Based on the recommended grade milk. requirements which were published in DATES: Submit written or electronic In consultation with representatives the Federal Register issue of April 7, comments on or before October 17, from NASDA, State regulatory agencies, 1972 (37 FR 7046) and amended August 2005. FDA, and dairy industry trade 27, 1985 (50 FR 34726), May 6, 1993 (58 ADDRESSES: You may use any of the associations, the Department prepared FR 86), and September 12, 1996 (61 FR following methods to file comments on the Recommended Requirements to 48120), the changes are summarized as this action: promote uniformity in State dairy laws follows: By mail: Reginald Pasteur, Marketing and regulations for manufacturing grade Specialist, Standardization Branch, milk. To accommodate changes that Sheep Milk Definition Dairy Programs, STOP 0230 (Room 2746 have occurred in the dairy industry, The definition of sheep milk will be South Building), Agricultural Marketing NASDA and various State officials have to include: Section B2(l)(3)—Sheep milk Service, U.S. Department of Agriculture, from time to time requested USDA to is the lacteal secretion practically free

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from colostrums obtained by the the sheep housing area and the sheep prevent excessive condensation and complete milking of one or more milking parlor is required if sheep odors. Light fixtures shall not be healthy ewes. Sheep milk shall be milker units are stored in the parlor. installed directly above bulk milk tanks, produced according to the sanitary Hogs and fowl shall not be housed with areas where milk may be strained, or standards of this ordinance. sheep. areas where equipment is stored. Sec. D5(b)(i)—A double compartment Water Buffalo Milk Definition Milking Procedure wash sink with hot and cold running The definition of water buffalo milk The requirements for sheep milking water plumbed to the sink is required. will be to include: Section B2(l)(4)— procedure will include: Section D3(d)— Each compartment must be large enough Water buffalo milk is the normal lacteal Milking equipment used for handling to accommodate the largest piece of secretion practically free of colostrums, abnormal milk must be washed and equipment. Hot water heaters or hot obtained by the complete milking of one sanitized after such use. Section D3 water supply systems for use in the or more healthy water buffalo. Water (e)—Abnormal milk must not be milkhouse or milk room shall have a buffalo milk shall be produced squirted on the floor, on the platform, or capacity of at least 30 gallons for the according to the sanitary standards of in the producer’s hand. Producers manual washing of equipment. Clean in this ordinance. should also wash their hands after place washing of pipelines, units, and handling such equipment and handling bulk tanks requires the capacity of 75 Lactating Animals Definition the teats and udders of animals gallons. Water under pressure must be The definition of lactating animals producing abnormal milk. piped into the milkhouse to perform will be to include: Section B2(l)(5)— cleaning of the equipment. Walls and Lactating animals are cows, goats, Cooling and Storage ceilings must be reasonably smooth and sheep, and water buffalo producing milk The requirements for cooling sheep be painted or whitewashed or have for manufacturing purposes. milk will include: other acceptable finish; it shall be kept A. Milk in plastic bags shall be cooled in good repair and surfaces shall be Milk Term to 40 °F or lower within two hours of finished whenever wear or discoloration The term ‘‘milk’’ will be to include: milking. Sheep milk shall be cooled to is evident. Ceilings must be dust tight. Section B2(l)(6)—The word ‘‘milk’’ used 45 degrees Fahrenheit or less within two Hay or straw chutes must have dust- herein includes only milk, goat’s milk, (2) hours of milking. Cooling water used tight doors that must be kept closed sheep’s milk, and water buffalo milk for in bulk tanks in which bags of sheep during milking. manufacturing purposes. milk are cooled shall be chlorinated. If milk is cooled by pouring into plastic Utensils and Equipment Somatic Cell Count bags and then floating the bags of milk Requirements will include: Sec. D6 The requirements for sheep milk in cooling water, the process must (a)(i)—Milk contact surfaces shall be somatic cell count will be to include: preclude contamination of the milk by made of stainless steel of the 300 series, Section C11 (e), (e)2, and (f)—750,000 the water. All water must be safe and of equally corrosion-resistant non-toxic per ml for sheep milk. sanitary quality in accordance to metals or heat-resistant glass. Plastic or Farm Requirements Section D7. rubber-like material must be relatively B. Bags used to store frozen sheep inert and resistant to scoring, chipping, The requirements for abnormal sheep milk shall be constructed of plastic that or decomposition, and it must be non- milk will be to include: Section D1(d)— is listed under the NCIMS Certified toxic and not impair flavor or odor to Abnormal milk is milk which is ropy, Manufacturers of Single-Service the product. All milk contact material stringy, clotted, thick, or abnormal in Containers and Related Products. must be easily cleaned and must be any way. It includes milk containing C. Bags may be up to 5 gallons in size. cleaned after each use. Sanitizers must pesticides, insecticides, or medicinal Each bag shall be numbered, dated, be an approved type with full label agents. Regular equipment may be used and identified with a patron name or directions. Syringes and bolus guns but not until all other animals are number. shall be stored in a manner to preclude milked. D. Frozen sheep milk should remain any contamination of milk or milk frozen at 0°F or less for a period not to Milking Facility and Housing contact surfaces. exceed 12 months. All containers and utensils must be The requirements for a sheep milking Milkhouse or Milkroom free from breaks and corrosion, and facility will include: Section D2(b)— points must be free from pits or cracks. Floors for a sheep milking facility shall The requirements will include: Sec. Bulk tank and freezer thermometers be constructed of concrete or equally D5(a)(i)—A milkhouse must be should be accurate within ±2 degrees impervious material maintained free of provided for storage and cooling of milk Fahrenheit. breaks or depressions. They must be and proper cleaning and storage of All milk containers and equipment, sloped to drain properly. Joints between equipment. The milkhouse area is the including milking machine vacuum floor and wall shall be water tight. area that needs to be modified to meet hoses, must be stored in the milkhouse. Ramps and platforms used to elevate the peculiar needs of sheep milking Milking equipment must be stored to the sheep for milking must be operations. The following requirements assure complete drainage. Filters and constructed of an impervious material apply to a milkhouse whether or not a single-service plastic bags shall be such as steel (wooden platforms and bulk tank is used: milk may not be stored in the original container inside a ramps are not allowed). Rubber cow placed directly in the freezer prior to protective box. Bags for milk storage mats may be used as long as they are not cooling. must be stored in a manner which placed over a wooden platform. Sheep Natural and/or artificial light shall be protects them from contamination. It is are generally housed in a loose housing provided in all working areas for recommended they be stored in an building near the milking parlor. This conducting milkhouse operations. At enclosed cabinet. area should be kept reasonably clean. least 20 foot candles of artificial light No excessive accumulation of manure is are required in a milking parlor. Parlors Commingled Milk allowed. Complete separation between must be properly ventilated in order to Requirements will include:

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Sec. E1.8 Raw product storage Heat-Treated Cream Definition Unit 118, Riverdale, MD 20737–1238. The definition of heat-treated cream Please state that your comment refers to A. All milk shall be held and Docket No. 05–064–1. processed under conditions and at will be added to include: E 1.9(i) Heat- treated cream—Heat-treated cream is Reading Room: You may read any temperatures that will avoid comments that we receive on this contamination and rapid deterioration. cream in which the product may be heated to less than 160 degrees docket in our reading room. The reading Drip milk from can washers or any other room is located in room 1141 of the source shall not be used for the Fahrenheit in a continuing heating process and immediately cooled to 45 USDA South Building, 14th Street and manufacture of dairy products. Bulk Independence Avenue SW., milk in storage tanks within the dairy degrees Fahrenheit or less for a functional reason. Washington, DC. Normal reading room plant shall be handled in such a manner hours are 8 a.m. to 4:30 p.m., Monday as to minimize bacterial increase and (Authority: 7 U.S.C. 1621–1627) through Friday, except holidays. To be shall be maintained at 45 degrees Dated: August 15, 2005. sure someone is there to help you, Fahrenheit or lower until processing Lloyd C. Day, please call (202) 690–2817 before begins. This does not preclude holding Administrator, Agricultural Marketing coming. milk at higher temperatures for a period Service. Other Information: You may view of time, where applicable to particular [FR Doc. 05–16376 Filed 8–17–05; 8:45 am] APHIS documents published in the manufacturing or processing practices. BILLING CODE 3410–02–P Federal Register and related B. The bacterial estimate of information on the Internet at http:// commingled milk in plant storage tanks www.aphis.usda.gov/ppd/rad/ shall be 1 million per milliliter or lower. DEPARTMENT OF AGRICULTURE webrepor.html. C. During any consecutive six months, Animal and Plant Health Inspection FOR FURTHER INFORMATION CONTACT: For at least four samples of commingled raw Service information regarding the regulations milk for processing shall be taken by the for the humane handling, care, regulatory agency from each plant. [Docket No. 05–064–1] treatment, and transportation of certain D. A laboratory test of these samples animals by dealers, research Notice of Request for Extension of to determine the bacterial estimate shall institutions, exhibitors, carriers, and Approval of an Information Collection; be performed at a laboratory approved intermediate handlers, contact Dr. Jerry Animal Welfare by the regulatory agency. DePoyster, Senior Staff Veterinarian, E. Whenever a bacterial estimate of AGENCY: Animal and Plant Health Animal Care, APHIS, 4700 River Road commingled milk in a plant indicates Inspection Service, USDA. Unit 84, Riverdale, MD 20737–1234; the presence of more than 1 million per ACTION: Extension of approval of an (301) 734–7586. For copies of more milliliter, the following procedures shall information collection; comment detailed information on the information be applied: request. collection, contact Mrs. Celeste Sickles, APHIS’ Information Collection 1. The regulatory agency shall notify SUMMARY: In accordance with the Coordinator, at (301) 734–7477. plant management with a warning of Paperwork Reduction Act of 1995, this excessive bacterial estimate and SUPPLEMENTARY INFORMATION: notice announces the Animal and Plant Title: Animal Welfare. recommend that appropriate action be Health Inspection Service’s intention to taken to eliminate the bacterial problem. OMB Number: 0579–0036. request an extension of approval of an Type of Request: Extension of 2. Whenever two of the last four information collection in support of the approval of an information collection. consecutive commingled milk bacterial regulations issued under the Animal Abstract: The regulations in 9 CFR estimates exceed 1 million per milliliter, Welfare Act governing the humane parts 1 through 3 were promulgated the regulatory agency shall notify plant handling, care, treatment, and under the Animal Welfare Act (the Act) management with a written warning transportation of certain animals by (7 U.S.C. 2131 et seq.) to ensure the notice. The notice shall be in effect so dealers, research institutions, exhibitors, humane handling, care, treatment, and long as two of the last four consecutive carriers, and intermediate handlers transportation of regulated animals samples exceed 1 million per milliliter. DATES: We will consider all comments under the Act. The regulations in 9 CFR Plant management should continue to that we receive on or before October 17, part 2 require documentation of work to eliminate the bacterial problem. 2005. specified information by dealers, 3. An additional sample shall be taken ADDRESSES: You may submit comments research institutions, exhibitors, by the regulatory agency after a lapse of by either of the following methods: carriers, and intermediate handlers. The 3 days but within 21 days of the notice • EDOCKET: Go to http:// regulations in 9 CFR part 2 also require required in paragraph (e)(1) of this www.epa.gov/feddocket to submit or that facilities that use animals for section. If this sample also exceeds 1 view public comments, access the index regulated purposes obtain a license or million per milliliter, the plant license listing of the contents of the official register with the U.S. Department of shall be suspended. A temporary status public docket, and to access those Agriculture (USDA). Before being issued may be assigned to the plant by the documents in the public docket that are a USDA license, individuals are appropriate regulatory agency when an available electronically. Once you have required to undergo prelicense additional sample of commingled milk entered EDOCKET, click on the ‘‘View inspections; once licensed, a licensee is tested and found satisfactory. The Open APHIS Dockets’’ link to locate this must periodically renew the license. plant shall be assigned a full document. The Act and regulations are enforced reinstatement status when three out of • Postal Mail/Commercial Delivery: by USDA’s Animal and Plant Health four consecutive commingled bacterial Please send four copies of your Inspection Service (APHIS), which estimates do not exceed 1 million per comment (an original and three copies) performs unannounced inspections of milliliter. The samples shall be taken at to Docket No. 05–064–1, Regulatory regulated facilities. A significant a rate of not more than two per week on Analysis and Development, PPD, component of the inspection process is separate days within a 3-week period. APHIS, Station 3C71, 4700 River Road review of records that must be

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established and maintained by regulated technologies, e.g., permitting electronic project should be sent to Cindy Land facilities. The information contained in submission of responses. ([email protected]), District Ranger, these records is used by APHIS Estimate of burden: The public Lochsa Ranger District, Rt. 1 Box 398, inspectors to ensure that dealers, reporting burden for this collection of Kooskia, ID 83539. research facilities, exhibitors, information is estimated to average FOR FURTHER INFORMATION CONTACT: intermediate handlers, and carriers 1.4796408 hours per response. George Harbaugh ([email protected]), comply with the Act and regulations. Respondents: Research facilities, ‘‘A’’ Project Leader, Lochsa Ranger District. Facilities must make and maintain and ‘‘B’’ dealers, exhibitors, carriers, Phone: (208) 926–4274. and intermediate handlers. records that contain official SUPPLEMENTARY INFORMATION: The Yakus Estimated annual number of identification for all dogs and cats and Creek project area contains respondents: 7,305. certification of those animals received approximately 7,900 acres, of which Estimated annual number of from pounds, shelters, and private 5,240 acres are National Forest lands responses per respondent: 9.1175906. individuals. These records are used to and 2,660 acres are other ownership ensure that stolen pets are not used for Estimated annual number of responses: 66,604. (State, timber companies, and private). regulated activities. Dealers, exhibitors, The legal location is in portions of and research facilities that acquire Estimated total annual burden on respondents: 98,550 hours. (Due to Sections 1, 2, 12, and 13, T33N, R5E; animals from nonlicensed persons are Sections 3–9, 17, and 18, T33N, R6E; required to have the owners of the averaging, the total annual burden hours may not equal the product of the annual Sections 25, 26, 35, and 36, T34N, R5E; animals sign a certification statement and Sections 30–33, T34N, R6E, Boise verifying the owner’s exemption from number of responses multiplied by the reporting burden per response.) Meridian, Idaho County, Idaho. The licensing under the Act. Records must proposed actions would occur on also be maintained for animals other All responses to this notice will be summarized and included in the request National Forest lands and are all outside than dogs and cats when the animals are the boundaries of any inventoried used for purposes regulated under the for OMB approval. All comments will also become a matter of public record. roadless area or any areas considered for Act. inclusion to the National Wilderness Research facilities must also make Done in Washington, DC, this 12th day of System as recommended by the August 2005. and maintain additional records for Clearwater National Forest Plan or by animals covered under the Act that are Kevin Shea, any past or present legislative used for teaching, testing, and Acting Administrator, Animal and Plant wilderness proposals. experimentation. This information is Health Inspection Service. Purpose and Need for Action is to: (1) used by APHIS personnel to review the [FR Doc. 05–16377 Filed 8–17–05; 8:45 am] Improve forest health and start the shift research facility’s animal care and use BILLING CODE 3410–34–P towards desired patch sizes by: (1) program. Shifting species composition from grand APHIS needs the reporting and fir to white pine and western larch; (b) recordkeeping requirements contained DEPARTMENT OF AGRICULTURE reducing tree densities in immature in 9 CFR part 2 to enforce the Act and Forest Service stands; (c) regenerating decadent mature regulations. APHIS also uses the stands; (d) regenerating stands with collected information to provide a Yakus Creek Project, Clearwater insect and root rot problems; (e) creating mandatory annual Animal Welfare National Forest, Idaho County, ID desired patches (300–500 acres) with Enforcement report to Congress. timber harvest; and (f) connecting We are asking the Office of AGENCY: Forest Service, USDA existing seedling/sapling stands, where Management and Budget (OMB) to ACTION: Notice of intent to prepare an possible; (2) restore watershed function approve our use of these information environmental impact statement. to improve soil productivity and collection activities for an additional 3 instream conditions; and (3) manage the years. SUMMARY: The USDA, Forest Service, landscape to provide for goods and The purpose of this notice is to solicit will prepare an Environmental Impact services deemed important to society. comments from the public (as well as Statement (EIS) to disclose the The Proposed Action would harvest affected agencies) concerning our environmental effect of timber harvest timber through regeneration harvest and information collection. These comments and watershed restoration activities in commercial thinning on approximately will help us: the Yakus Creek project area on the 670 acres of forestland within the Yakus (1) Evaluate whether the proposed Lochsa Ranger District of the Clearwater Creek drainage. Regeneration harvest information collection is necessary for National Forest. The Yakus Creek (520 acres) would leave approximately the proper performance of the functions project area is located in the Yakus 20–25 trees per acre as individual trees of the Agency, including whether the Creek drainage, a tributary to Lolo and in groups, where feasible, to information will have practical utility; Creek, approximately 12 air-miles eat of provide future snags and down woody (2) Evaluate the accuracy of our the town of Kamiah, Idaho. material for wildlife habitat. estimate of the burden of the proposed DATES: This project was previously Commercial thinning (150 acres) would collection of information, including the scoped in February 2004, and the reduce the basal area in dense timbered validity of the methodology and comments received will be included in stands down to about 160–180 square assumptions used; the documentation for the EIS. A 45-day feet. There is also an opportunity to (3) Enhance the quality, utility, and public comment period will follow the precommercial thin approximately clarity of the information to be release of the draft environmental 1,620 acres of young stands scattered collected; and impact statement that is expected in throughout the project area. Use of (4) Minimize the burden of the December 2005. The final existing, temporary and permanent collection of information on those who environmental impact statement is roads would be needed to access timber are to respond, through use, as expected in May 2006. harvest areas. An estimated 1.8 miles of appropriate, of automated, electronic, ADDRESSES: Written comments and existing roads would be reconstructed mechanical, or other collection suggestions concerning the scope of this in addition to 1.2 miles of new specified

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road construction to facilitate timber and plants; tribal treaty rights; and Comments received, including the removal. An estimated 2.2 miles of water quality. names and addresses of those who temporary roads would be constructed Early Notice of Importance of Public comment, will be considered part of the and obliterated following completion of Participation in Subsequent public record on this proposal and will sale related activities. Watershed Environmental Review: A draft be available for public inspection. environmental impact statement will be restoration activities would consist of an (Authority: 40 CFR 1501.7 and 1508.22; estimated 11.6 miles of road prepared for comment. The comment Forest Service Handbook 1909.15, Section decommissioning, an estimated 13.7 period on the draft environmental 21) miles of existing roads put into impact statement will be 45 days from Dated: August 10, 2005. intermittent storage (self-maintaining), the date the Environmental Protection and the decompaction of approximately Agency publishes the notice of Thomas K. Reilly, 190 acres of old skid trains and availability in the Federal Register. Forest Supervisor. landings. The Forest Service believes, at this [FR Doc. 05–16360 Filed 8–17–05; 8:45 am] The Possible Alternatives the Forest early stage, it is important to give BILLING CODE 3410–11–M Service will consider include the ‘‘no reviewers notice of several court rulings action’’ alternative in which none of the related to public participation in the proposed activities would be environmental review process. First, DEPARTMENT OF AGRICULTURE implemented. Additional alternatives reviewers of draft environmental impact Rural Telephone Bank being considered examine varying levels statements must structure their and locations for the proposed activities participation in the environmental review of the proposal so that it is Board Approval of Liquidation and to achieve the proposal’s purpose and Dissolution of the Bank need, as well as to respond to the issues meaningful and alerts an agency to the and other resource concerns. reviewer’s position and contentions. Vermont Yankee Nuclear Power Corp. v. AGENCY: Rural Telephone Bank, USDA. The Responsible Official is the Forest NRDC, 435 U.S. 519, 553 (1978). Also, Supervisor of the Clearwater National ACTION: Notice of Board approval of environmental objections that could be Forest, 12730 Highway 12, Orofino, ID liquidation and dissolution of the Rural raised at the draft environmental impact 83544. The Responsible Official will Telephone Bank. statement stage but that are not raised decide if the proposed project will be until after completion of the final implemented and will document the SUMMARY: In a meeting held August 4, environmental impact statement may be 2005, the Board of Directors (Board) of decision and reasons for the decision in waived or dismissed by the courts. City a Record of Decision. That decision will the Rural Telephone Bank (Bank) of Angoon v. Hodel, 803 F.2d 1016, approved resolutions to liquidate and be subject to Forest Service Appeal 1022 (9th Cir. 1986) and Wisconsin Regulations. The responsibility for dissolve the Bank, subject to lifting of Heritages, Inc. v. Harris, 490 F. Supp. the current statutory restriction limiting preparing the DEIS and FEIS has been 1334, 1338 (E.D. Wis. 1980). Because of delegated to Cindy Lane, District the amount of Government-owned Class these court rulings, it is very important A stock that the Bank can redeem. This Ranger, Lochsa Ranger District, Rt. 1 that those interested in this proposed Box 398, Kooskia, ID 83539. notice is being published to ensure that action participate by the close of the 45- all interested parties are informed of the The Scoping Process was initiated day comment period so that substantive with the release of a Scoping Letter on details of the resolutions approved by comments and objections are made the Board. February 10, 2004. Comments received available to the Forest Service at a time as a result of that effort will be included when it can meaningfully consider them FOR FURTHER INFORMATION CONTACT: in the documentation for the EIS. and respond to them in the final Jonathan P. Claffey, Assistant Secretary, Additional scoping will follow the environmental impact statement. Rural Telephone Bank, STOP 1590— release of the DEIS, expected in To assist the Forest Service in Room 5151, 1400 Independence December 2005. This proposal also identifying and considering issues and Avenue, SW., Washington, DC 20250– includes openings greater than 40 acres. concerns on the proposed action, 1590. Telephone: (202) 720–9556. A 60-day public review period and comments on the draft environmental approval by the Regional Forester for impact statement should be as specific SUPPLEMENTARY INFORMATION: In a exceeding the 40 acre limitation will as possible. It is also helpful if special meeting held on March 11, 2005, occur prior to the signing of the Record comments refer to specific pages or and during its regularly scheduled of Decision. The 60-day public review chapters of the draft statement. meeting held on May 4, 2005, the Board period is initiated with this Notice of Comments may also address the discussed the possibility of liquidating Intent. adequacy of the draft environmental and dissolving the Bank. In its meeting Preliminary Issues that could be impact statement or the merits of the on August 4, 2005, a resolution to affected by proposal activities include: alternatives formulated and discussed in liquidate and dissolve the Bank was air quality; economics; grazing; heritage the statement. Reviewers may wish to passed unanimously by the Board. The resources; old growth habitat; recreation refer to the Council on Environmental full text of the resolution is presented access; risk of landslides; scenic quality; Quality Regulations for implementing with this notice including two size of openings; snag habitat; spread of the procedural provisions of the attachments referenced within the noxious weeds; threatened, endangered National Environmental Policy Act at 40 resolution. and sensitive species of wildlife, fish CFR 1503.3 in addressing these points. BILLING CODE 3410–15–P

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Additional information regarding the DEPARTMENT OF COMMERCE by the Nevada Development Authority, progress of the liquidation and grantee of FTZ 89, to remove certain dissolution of the Bank can be found at Foreign–Trade Zones Board zone–restricted merchandise (carpets the Bank’s Web site at http:// from Iran - HTS 5701.10) from the zone [Docket 39–2005] www.usda.gov/rus/telecom/rtb/ to U.S. Customs territory. It was filed on _ index rtb.htm. Foreign–Trade Zone 89 - Las Vegas, August 5, 2005. The Foreign–Trade Zones Board Dated: August 12, 2005. Nevada, Request to Remove Zone– regulations provide that merchandise Jonathan P. Claffey, Restricted Status Merchandise to U.S. Customs Territory which has been given zone–restricted Assistant Secretary, Rural Telephone Bank. status (export only status) may be [FR Doc. 05–16338 Filed 8–17–05; 8:45 am] A request has been made to the returned to the Customs territory of the BILLING CODE 3410–15–C Foreign–Trade Zones Board (the Board) United States if the FTZ Board

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determines that the return would be in FTZ 49 was approved on April 6, The closing period for the receipt is the public interest. (See 15 CFR 1979 (Board Order 146, 44 FR 22502, 4/ October 17, 2005. Rebuttal comments in ’400.44.) Such returns are considered 16/79) and expanded on May 26, 1983 response to material submitted during imports to the United States and are (Board Order 211, 48 FR 24958, 6/3/83); the foregoing period may be submitted subject to the payment of duties and on October 23, 1987 (Board Order 365, during the subsequent 15-day period (to taxes, to the Customs laws and to other 52 FR 41599, 10/29/87); on April 19, November 1, 2005). U.S. laws regarding such merchandise. 1990 (Board Order 470, 55 FR 17478, 4/ A copy of the application and Public comment on the request is 25/90); and, on December 15, 1999 accompanying exhibits will be available invited from interested parties. (Board Order 1067, 64 FR 72642, 12/28/ during this time for public inspection at Submissions (original and 3 copies) 99). the address Number 1 listed above, and shall be addressed to the Board’s The general–purpose zone project at the U.S. Department of Commerce Executive Secretary at one of the currently consists of five sites: Site 1 Export Assistance Center, 744 Broad following addresses below: (2,077 acres) -- Port Newark/Elizabeth Street, Suite 1505, Newark, NJ 07102. 1. Submissions via Express/Package Port Authority Marine Terminal; Site 2 Delivery Services: Foreign–Trade (64 acres) -- Global Terminal and Dennis Puccinelli, Zones Board, U.S. Department of Container Services and adjacent Jersey Executive Secretary. Commerce, Franklin Court Distribution Services facility in Jersey [FR Doc. 05–16398 Filed 8–17–05; 8:45 am] Building–Suite 4100W, 1099 14th City and Bayonne; Site 3 (124 acres) -- BILLING CODE 3510–DS–S Street, NW, Washington, DC 20005; Port Authority Industrial Park, adjacent or to the Port Newark/Elizabeth Port 2. Submissions via U.S. Postal Authority Marine terminal; Site 4 (198 DEPARTMENT OF COMMERCE Service: Foreign–Trade Zones acres) -- Port Authority Auto Marine Board, U.S. Department of Terminal and adjacent Greenville Foreign–Trade Zones Board Commerce, FCB–4100W, 1401 Industrial Park in Bayonne and Jersey [Docket 38–2005] Constitution Ave., NW, City, and Site 5 (40 acres) -- the jet fuel Washington, DC 20230. storage and distribution system at Foreign–Trade Zone 206 Jackson The closing period for their receipt is Newark International Airport in Newark County, Oregon, Application For October 17, 2005. and Elizabeth. Subzone, Eastman Kodak Company, Rebuttal comments in response to The applicant is now requesting (X–ray film, Color Paper, Digital Media, material submitted during the foregoing authority to expand the general–purpose Inkjet Paper, and Entertainment period may be submitted during the zone to include a site (407 acres, Imaging), White City and Medford, subsequent 15-day period (to November Proposed Site 6) within a 441–acre Oregon 1, 2005. industrial area located at 100 Central A copy of the request will be available Avenue in Kearny (Hudson County). An application has been submitted to for public inspection at the Office of the The site is partially developed and is the Foreign–Trade Zones Board (the Foreign–Trade Zones Board’s Executive comprised of buildings totaling Board) by Jackson County, Oregon, Secretary at address No.1 listed above 5,500,000 square feet, and is used grantee of FTZ 206, requesting special– and at Nevada Development Authority, primarily for manufacturing, purpose subzone status with 3733 Howard Hughes Pkwy., Suite 140 warehousing and distribution activities. manufacturing authority (X–ray film, South, Las Vegas, Nevada 89109. The majority of the site is owned by color paper, digital media, inkjet paper, entertainment imaging, and health Dennis Puccinelli, River Terminal Properties, Inc. No specific manufacturing requests are imaging) for the facilities of the Eastman Executive Secretary. Kodak Company (Kodak), located in [FR Doc. 05–16397 Filed 8–17–05; 8:45 am] being made at this time. Such requests would be made to the Board on a case– White City and Medford, Oregon. The BILLING CODE 3510–DS–S by-case basis. application was submitted pursuant to In accordance with the Board’s the Foreign–Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the DEPARTMENT OF COMMERCE regulations, a member of the FTZ staff has been designated examiner to regulations of the Board (15 CFR part Foreign–Trade Zones Board investigate the application and report to 400). It was formally filed on August 5, the Board. 2005. [Docket 41–2005] Public comment on the application is The facilities for which subzone status is proposed are on three sites Foreign–Trade Zone 49 -- Newark, New invited from interested parties. (83.4 acres total; 359,901 sq. ft. of Jersey, Area, Application for Submissions (original and 3 copies) enclosed space) at the following Expansion shall be addressed to the Board’s Executive Secretary at one of the locations: Site # 1 4 8124 Pacific An application has been submitted to following addresses: Avenue in White City; Site # 2 4 2065 the Foreign–Trade Zones (FTZ) Board 1. Submissions via Express/Package Lars Way in Medford; and Site # 3 4 (the Board), by the Port Authority of Delivery Services: Foreign–Trade 2190 Joseph Street in Medford. The New York and New Jersey, grantee of Zones Board, U.S. Department of facilities (approximately 430 full- and Foreign–Trade Zone 49, requesting Commerce, Franklin Court part–time employees) would be used authority to expand its zone to include Building–Suite 4100W, 1099 14th initially under FTZ procedures for a site in Kearny, New Jersey, within the Street, NW, Washington, DC 20005; manufacturing, processing, Newark/New York Customs port of or, warehousing, and distributing ‘‘Dryview entry. The application was submitted 2. Submissions via the U.S. Postal Laser Imaging Film’’ in bulk rolls and in pursuant to the provisions of the Services: Foreign–Trade Zones packaged form (HTSUS categories Foreign–Trade Zones Act, as amended Board, U.S. Department of 3921.90 and 9018.90, respectively, with (19 U.S.C. 81a–81u), and the regulations Commerce, FCB–Suite 4100W, 1401 duty rates ranging from duty–free to of the Board (15 CFR Part 400). It was Constitution Avenue, NW, 4.2% ad valorem). For those finished formally filed on August 9, 2005. Washington, DC 20230. products, foreign–sourced materials

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account for approximately 20 percent of rates on these products range from Public comment is invited from finished–product value. The application duty–free to 38%. Final products that interested parties. Submissions (original lists the following as the primary may be produced from the inputs listed and 3 copies) shall be addressed to the material inputs which may be sourced above include these general HTSUS Board’s Executive Secretary at one of from abroad initially: film base (HTSUS categories: 2710, 2803, 2804, 2806, the following addresses: category 3920.62), lids (3921.90), 2811, 2812, 2815, 2825, 2827, 2832, 1. Submissions Via Express/Package polyvinylbutyral (3907.10), ‘‘Deox 115’’ 2833, 2836, 2838, 2842, 2843, 2846, Delivery Services: Foreign-Trade–Zones (2907.10), ethyl 2–cyano–3–hydroxy– 2851, 2901, 2902, 2903, 2904, 2906, Board, U.S. Department of Commerce, butanoate (2926.90), ‘‘TBMSP’’ 2907, 2908, 2909, 2911, 2914, 2915, Franklin Court Building--Suite 4100W, (2933.39), pyridinium hydrobromide 2916, 2917, 2918, 2920, 2921, 2922, 1099 14th St. NW., Washington, DC perbromide (2933.31), and ‘‘HSR–2031 2924, 2925, 2926, 2928, 2930, 2931, 20005; or Masking’’ (2926.90). The application 2933, 2934, 2935, 2942, 3004, 3402, 2. Submissions Via the U.S. Postal indicates that duty rates on those input 3503, 3507, 3701, 3702, 3703, 3704, Service: Foreign–Trade-Zones Board, materials range from duty–free to 6.5%. 3705, 3706, 3707, 3824, 3901, 3903, U.S. Department of Commerce, FCB— The application also requests 3905, 3906, 3907, 3910, 3912, 3917, Suite 4100W, 1401 Constitution Ave. authority to include a broad range of 3919, 3920, 3921, 3923, 3924, 3926, NW., Washington, DC 20230. inputs and final products that the plant 4008, 4009, 4010, 4016, 4017, 4202 The closing period for their receipt is may produce under FTZ procedures in (4202.12.6000, 4202.12.8030, October 17, 2005. Rebuttal comments in the future within the categories of X–ray 4202.91.0090, 4202.92.9026, response to material submitted during film, color paper, digital media, inkjet 4202.92.9036, 4202.92.9060), 4203, the foregoing period may be submitted paper, entertainment imaging (i.e., 4415, 4504, 4703, 4802, 4805, 4808, during the subsequent 15-day period to motion picture film, consumer film and 4811, 4818, 4819, 4820, 4821, 4823, November 1, 2005. related chemicals), and health imaging 4901, 4902, 4905, 4906, 4908, 4909, A copy of the application and (i.e., other health imaging film, 4910, 4911, 5906, 6804, 6909, 7003, accompanying exhibits will be available equipment and related chemicals). (New 7004, 7005, 7006, 7007, 7008, 7013, for public inspection at the Office of the major activity in these inputs/products 7014, 7020, 7106, 7108, 7112, 7412, Foreign–Trade Zones Board’s Executive could require review by the FTZ Board.) 7419, 7606, 7607, 7609, 7616, 8101, Secretary at address Number 1 listed General HTSUS categories of inputs 8108, 8302, 8306, 8308, 8309, 8405, above and at Jackson County, Office of include: 2620, 2710, 2803, 2804, 2806, 8412, 8413, 8414, 8415, 8418, 8419, the County Administrator, Room 214, 10 2811, 2812, 2815, 2825, 2827, 2832, 8420, 8421, 8422, 8423, 8428, 8431, South Oakdale, Medford, Oregon 97501. 2833, 2836, 2838, 2842, 2843, 2846, 8439, 8441, 8443, 8466, 8467, 8470, Dated: August 11, 2005. 2851, 2901, 2902, 2903, 2904, 2906, 8471, 8472, 8473, 8476, 8477, 8479, Dennis Puccinelli, 8480, 8481, 8485, 8501, 8503, 8504, 2907, 2908, 2909, 2911, 2914, 2915, Executive Secretary. 8505, 8506, 8507, 8511, 8512, 8513, 2916, 2917, 2918, 2920, 2921, 2922, [FR Doc. 05–16395 Filed 8–17–05; 8:45 am] 2924, 2925, 2926, 2928, 2930, 2931, 8514, 8515, 8516, 8518, 8521, 8523, BILLING CODE 3510–DS–S 2933, 2934, 2935, 2942, 3004, 3402, 8524, 8525, 8528, 8529, 8531, 8532, 3503, 3507, 3701, 3702, 3703, 3704, 8533, 8534, 8535, 8536, 8537, 8538, 8539, 8540, 8541, 8542, 8543, 8544, 3705, 3706, 3707, 3824, 3901, 3903, DEPARTMENT OF COMMERCE 3905, 3906, 3907, 3910, 3912, 3917, 8545, 8546, 8547, 9001, 9002, 9005, 3919, 3920, 3921, 3923, 3924, 3926, 9006, 9007, 9008, 9009, 9010, 9011, Foreign–Trade Zones Board 4008, 4009, 4010, 4016, 4017, 4202 9013, 9015, 9016, 9017, 9018, 9022, (4202.12.6000, 4202.12.8030, 9023, 9024, 9025, 9026, 9027, 9028, [Docket 40–2005] 9029, 9030, 9031, 9032, 9033, 9106, 4202.91.0090, 4202.92.9026, Foreign–Trade Zone 163 - Ponce, 4202.92.9036, 4202.92.9060), 4203, 9402, 9405, 9612, and 9705. The duty rates on these products range from Puerto Rico Area, Application for 4415, 4504, 4703, 4802, 4805, 4808, Expansion 4811, 4818, 4819, 4820, 4821, 4823, duty–free to 38%. 4901, 4902, 4905, 4906, 4908, 4909, Zone procedures would exempt An application has been submitted to 4910, 4911, 5906, 6804, 6909, 7003, Kodak from Customs duty payments on the Foreign–Trade Zones Board (the 7004, 7005, 7006, 7007, 7008, 7013, foreign components used in export Board) by CODEZOL, C.D., grantee of 7014, 7020, 7106, 7108, 7112, 7412, production. On its domestic sales, FTZ 163, requesting authority to expand 7419, 7606, 7607, 7609, 7616, 8101, Kodak would be able to choose the FTZ 163, in the Ponce, Puerto Rico area, 8108, 8302, 8306, 8308, 8309, 8405, lower duty rate that applies to the adjacent to the Ponce Customs port of 8412, 8413, 8414, 8415, 8418, 8419, finished products for foreign entry. The application was submitted 8420, 8421, 8422, 8423, 8428, 8431, components, when applicable. Kodak pursuant to the provisions of the 8439, 8441, 8443, 8466, 8467, 8470, would also be able to avoid duty on Foreign–Trade Zones Act, as amended 8471, 8472, 8473, 8476, 8477, 8479, foreign inputs which become scrap/ (19 U.S.C. 81a–81u), and the regulations 8480, 8481, 8485, 8501, 8503, 8504, waste, estimated at five percent of FTZ– of the Board (15 CFR Part 400). It was 8505, 8506, 8507, 8511, 8512, 8513, related savings. Kodak may also realize formally filed on August 8, 2005. 8514, 8515, 8516, 8518, 8521, 8523, logistical/procedural and other benefits FTZ 163 was approved on October 18, 8524, 8525, 8528, 8529, 8531, 8532, from subzone status. All of the above– 1989 (Board Order 443, 54 FR 46097, 8533, 8534, 8535, 8536, 8537, 8538, cited savings from zone procedures 11/01/89) and expanded on April 18, 8539, 8540, 8541, 8542, 8543, 8544, could help improve the plant’s 2000 (Board Order 1091, 65 FR 24676, 8545, 8546, 8547, 9001, 9002, 9005, international competitiveness. 4/27/00) and June 9, 2005 (Board Order 9006, 9007, 9008, 9009, 9010, 9011, In accordance with the Board’s 1397, 70 FR 36117, 6/22/05). The zone 9013, 9015, 9016, 9017, 9018, 9022, regulations, a member of the FTZ Staff project currently consists of the 9023, 9024, 9025, 9026, 9027, 9028, has been designated examiner to following sites in the Ponce, Puerto 9029, 9030, 9031, 9032, 9033, 9106, investigate the application and report to Rico, area: Site 1 (106 acres)-within the 9402, 9405, 9612, and 9705. The duty the Board. Port of Ponce area, including a site (11

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acres) located at 3309 Avenida Santiago A copy of the application will be intermediates at the manufacturing de los Caballeros, Ponce; Site 2 (191 available for public inspection at the plant of Ortho Biologics, LLC, located in acres, 5 parcels)-Peerless Oil & Office of the Foreign–Trade Zones Manatı´, Puerto Rico (Subzone 7H), as Chemicals, Inc., petroleum terminal Board’s Executive Secretary at address described in the application and facilities located at Rt. 127, Km. 17.1, No. 1 listed above and CODEZOL, C.D., Federal Register notice, and subject to Penuelas; Site 3 (13 acres, 2 parcels)-Rio 3309 Avenida Santiago de los the FTZ Act and the Board’s regulations, Piedras Distribution Center located Caballeros, Ponce, Puerto Rico 00734. including § 400.28. within the central portion of the Dated: August 9, 2005. Signed at Washington, DC, this 4th day of August 2005. Quebrada Arena Industrial Park, and the Dennis Puccinelli, Hato Rey Distribution Center located Executive Secretary. Joseph A. Spetrini, within the northeastern portion of the Tres Monjitas Industrial Park, San Juan; [FR Doc. 05–16396 Filed 8–17–05; 8:45 am] Acting Assistant Secretary of Commerce for Site 4 (14 acres)-warehouse facility BILLING CODE 3510–DS–S Import Administration, Alternate Chairman, Foreign–Trade Zones Board. located at State Road No. 3, Km. 1401, Attest: Guayama (expires 10/1/04); Site 5 (256 DEPARTMENT OF COMMERCE acres, 34 parcels)-Mercedita Industrial Dennis Puccinelli, Park located at the intersection of Route Foreign–Trade Zones Board Executive Secretary. PR–9 and Las Americas Highway, [FR Doc. 05–16401 Filed 8–17–05; 8:45 am] [Order No. 1405] Ponce; and, Site 6 (86 acres)-Coto Laurel BILLING CODE 3510–DS–S Industrial Park located at the southwest Grant Of Authority For Subzone corner of the intersection of Highways Status, Ortho Biologics, LLC, PR–56 and PR–52, Ponce. The sites are (Pharmaceutical Intermediates), DEPARTMENT OF COMMERCE principally owned by the Port of Ponce, Manatı´, Puerto Rico Vassallo Industries, Inc., and Foreign–Trade Zones Board Desarrollos E Inversiones Del Sur, Inc. Pursuant to its authority under the The applicant is requesting authority Foreign–Trade Zones Act of June 18, 1934, as [Order No. 1407] to expand the zone to include an amended (19 U.S.C. 81a–81u), the Foreign– additional site in Catan˜ o, located 5 Trade Zones Board (the Board) adopts the Expansion of Foreign–Trade Zone 167, miles from San Juan: Proposed Site 7 (7 following Order: Green Bay, Wisconsin acres)-industrial park, State Road 869, at Whereas, the Foreign–Trade Zones Barrio Las Palmas, Catan˜ o. The site is Act provides for ‘‘. . . the establishment Pursuant to its authority under the principally owned by Able Sales, Inc. . . . of foreign–trade zones in ports of Foreign–Trade Zones Act of June 18, 1934, as CODEZOL is requesting FTZ status for entry of the United States, to expedite amended (19 U.S.C. 81a–81u), the Foreign– this site as part of FTZ 163 because the and encourage foreign commerce, and Trade Zones Board (the Board) adopts the proposed site is related to existing for other purposes,’’ and authorizes the following Order: activity at FTZ 163 (Site 1). No specific Foreign–Trade Zones Board to grant to Whereas, the County of Brown, manufacturing requests are being made qualified corporations the privilege of Wisconsin, grantee of Foreign–Trade at this time. Such requests would be establishing foreign–trade zones in or Zone 167, submitted an application to made to the Board on a case–by-case adjacent to U.S. Customs ports of entry; the Board for authority to expand FTZ Whereas, the Board’s regulations (15 basis. 167–Site 1 to include additional parcels CFR Part 400) provide for the In accordance with the Board’s in Brown County and to expand the establishment of special–purpose zone to include a site (1,617 acres, Site regulations, a member of the FTZ Staff subzones when existing zone facilities has been designated examiner to 2) in Winnebago County, Wisconsin, cannot serve the specific use involved, within the Green Bay Customs port of investigate the application and report to and when the activity results in a the Board. entry (FTZ Docket 51–2004; filed 11/12/ significant public benefit and is in the 04); Public comment on the application is public interest; invited from interested parties. Whereas, the Puerto Rico Industrial Whereas, notice inviting public Submissions (original and 3 copies) Development Corporation, grantee of comment was given in the Federal shall be addressed to the Board’s FTZ 7, has made application to the Register (69 FR 67699, 11/19/04; 69 FR Executive Secretary at one of the Board for authority to establish special– 70122, 12/2/04) and the application has following addresses below: purpose subzone status at the been processed pursuant to the FTZ Act 1. Submissions via Express/Package pharmaceutical intermediate and the Board’s regulations; and, Delivery Services: Foreign–Trade Zones manufacturing plant of Ortho Biologics, Whereas, the Board adopts the Board, U.S. Department of Commerce, LLC (OBI) in Manatı´, Puerto Rico (FTZ findings and recommendations of the Franklin Court Building–Suite 4100W, Docket 53–2004, filed 11–19–04). examiner’s report, and finds that the 1099 14th Street, NW, Washington, DC Whereas, notice inviting public requirements of the FTZ Act and 20005; or comment has been given in the Federal Board’s regulations are satisfied, and 2. Submissions via U.S. Postal Register (69 FR 70121, 12/02/04); and, that the proposal is in the public Service: Foreign–Trade Zones Board, Whereas, the Board adopts the interest; U.S. Department of Commerce, FCB– findings and recommendations of the 4100W, 1401 Constitution Ave., NW, examiner’s report, and finds that the Now, therefore, the Board hereby Washington, DC 20230. requirements of the FTZ Act and the orders: The closing period for their receipt is Board’s regulations are satisfied, and The application to expand FTZ 167 is October 17, 2005. Rebuttal comments in that approval of the application is in the approved, subject to the Act and the response to material submitted during public interest; Board’s regulations, including Section the foregoing period may be submitted Now, therefore, the Board hereby 400.28, and further subject to the during the subsequent 15-day period (to grants authority for subzone status for Board’s standard 2,000–acre activation November 1, 2005). activity related to pharmaceutical limit for the overall zone project.

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Signed at Washington, DC, this 4th day of On March 31, 2005, the Department affording it additional time to respond. August 2005. issued quantity and value (Q&V) We received no response from JFE Joseph A. Spetrini, questionnaires to nine potential Material to our questionnaire nor any respondents. On April 19, 2005, we other communication from JFE Material Acting Assistant Secretary of Commercefor Import Administration, Alternate Chairman, issued a memorandum to the file since we issued the questionnaire. including the responses of eight of the Foreign–Trade Zones Board. Period of Investigation Attest: nine companies from which we requested Q&V information. See The period of investigation is January Dennis Puccinelli, Memorandum from Susan Lehman to 1, 2004, through December 31, 2004. Executive Secretary. the File entitled ‘‘Superalloy Degassed Scope of Investigation [FR Doc. 05–16402 Filed 8–17–05; 8:45 am] Chromium from Japan Mini Quantity BILLING CODE 3510–DS–S and Value Questionnaire Responses.’’ The product covered by this On April 28, 2005, we concluded that investigation is all forms, sizes, and the only potential respondent was JFE grades of superalloy degassed chromium DEPARTMENT OF COMMERCE Material Co., Ltd. (JFE Material). See the from Japan. Superalloy degassed chromium is a high–purity form of International Trade Administration Memorandum from Thomas Schauer to the File entitled ‘‘Antidumping Duty chrome metal that generally contains at Investigation of Superalloy Degassed least 99.5 percent, but less than 99.95 [A–588–866] Chromium from Japan Respondent percent, chromium. Superalloy degassed chromium contains very low Notice of Preliminary Determination of Selection’’ (Respondent Selection levels of certain gaseous elements and Sales at Less Than Fair Value: Memo). On May 3, 2005, we issued a other impurities (typically no more than Superalloy Degassed Chromium from memorandum to the file including the 0.005 percent nitrogen, 0.005 percent Japan response of the ninth company (Sojitz Corporation) from which we requested sulphur, 0.05 percent oxygen, 0.01 AGENCY: Import Administration, Q&V information. The response we percent aluminum, 0.05 percent silicon, International Trade Administration, received from Sojitz Corporation to our and 0.35 percent iron). Superalloy Department of Commerce. Q&V questionnaire did not alter out degassed chromium is generally sold in EFFECTIVE DATE: August 18, 2005. conclusion that JFE Material was the briquetted form, as ‘‘pellets’’ or SUMMARY: We preliminarily determine only potential respondent. See ‘‘compacts,’’ which typically are 1? that imports of superalloy degassed Memorandum from Susan Lehman to inches x 1 inch x 1 inch or smaller in chromium from Japan are being, or are the File entitled ‘‘Antidumping Duty size and have a smooth surface. likely to be, sold in the United States at Investigation of Superalloy Degassed Superalloy degassed chromium is less than fair value, as provided in Chromium from Japan Sojitz currently classifiable under subheading section 733 of the Tariff Act of 1930, as Corporation.’’ 8112.21.00 of the Harmonized Tariff amended. Interested parties are invited On April 21, 2005, the International Schedule of the United States (HTSUS). to comment on this preliminary Trade Commission (ITC) issued its This investigation covers all chromium determination. We will make our final affirmative preliminary determination meeting the above specifications for determination within 75 days after the that there is a reasonable indication that superalloy degassed chromium date of this preliminary determination. an industry in the United States is regardless of tariff classification. materially injured by reason of imports Certain higher–purity and lower– FOR FURTHER INFORMATION CONTACT: from Japan of superalloy degassed purity chromium products are excluded Janis Kalnins or Minoo Hatten, Import chromium. See Superalloy Degassed from the scope of this investigation. Administration, International Trade Chromium from Japan, 70 FR 20771 Specifically, the investigation does not Administration, U.S. Department of (April 21, 2005). cover electronics–grade chromium, Commerce, 14th Street and Constitution On April 29, 2005, we issued Sections which contains a higher percentage of Avenue, NW., Washington, DC 20230; A, B, C, D, and E1 of the antidumping chromium (typically not less than 99.95 telephone: (202) 482–1392 or (202) 482– questionnaire to JFE Material. We did percent), a much lower level of iron 1690, respectively. not receive a response from JFE Material (less than 0.05 percent), and lower SUPPLEMENTARY INFORMATION: by the close of business on June 6, 2005, levels of other impurities than Background the established deadline. On June 8, superalloy degassed chromium. The 2005, we issued a letter to JFE Material investigation also does not cover On March 24, 2005, the Department of extending the deadline for submission ‘‘vacuum melt grade’’ (VMG) chromium, Commerce (the Department) initiated of the antidumping questionnaire which normally contains at least 99.4 the antidumping investigation of response to June 15, 2005, thereby percent chromium and contains a higher superalloy degassed chromium from level of one or more impurities Japan. See Initiation of Antidumping 1 Section A of the antidumping duty (nitrogen, sulphur, oxygen, aluminum Duty Investigation: Superalloy Degassed questionnaire requests general information and/or silicon) than specified above for Chromium from Japan, 70 FR 16220 concerning a company’s corporate structure and business practices, the merchandise under superalloy degassed chromium. (March 30, 2005) (Initiation Notice). The investigation, and the manner in which it sells that Although the HTSUS subheading is Department set aside a period for all merchandise in all of its markets. Section B requests provided for convenience and customs interested parties to raise issues a complete listing of all of the company’s home- purposes, the written description of the regarding product coverage. See market sales of the foreign like product or, if the scope of this investigation is dispositive. Initiation Notice. We received home market is not viable, of sales of the foreign like product in the most appropriate third-country Scope Comments comments regarding product coverage market. Section C requests a complete listing of the from interested parties. For a detailed company’s U.S. sales of subject merchandise. In accordance with the preamble to discussion of the comments regarding Section D requests information of the cost of our regulations (see Antidumping production of the foreign like product and the the scope of the merchandise under constructed value of the merchandise under Duties; Countervailing Duties, 62 FR investigation, please see the ‘‘Scope investigation. Section E requests information on 27296 (May 19, 1997)), in our Initiation Comments’’ section below. further-manufacturing activities. Notice we set aside a period of time for

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parties to raise issues regarding product scope comments with respect to Tosoh’s requested that is necessary to calculate coverage and encouraged all parties to scope–clarification request and the an antidumping margin for the submit comments within 20 calendar petitioners’ August 4, 2005, suggested preliminary determination. Specifically, days of publication of the Initiation scope language. JFE Material did not respond to the Notice. We granted extensions to the The Department invites all interested Department’s questionnaire, which is time limit for submitting scope parties to submit comments with respect necessary for the Department to comments on May 3, 2005, and May 17, to the scope by September 1, 2005, and complete its calculations. Thus, in 2005. rebuttal comments by September 7, reaching our preliminary determination, On May 24, 2005, Mitsui & Co. 2005. Comments should be addressed to pursuant to sections 776(a)(2)(A), (B), (U.S.A.), Inc. (Mitsui), submitted timely Import Administration’s Central and (C) of the Act, we have based JFE scope comments in which it argued that Records Unit at Room 1870, U.S. Material’s dumping margin on facts the Department should revise the Department of Commerce, 14th Street otherwise available. language of the scope to clarify that and Constitution Avenue, NW, chromium metal with a chromium Washington, DC 20230. The period of B. Application of Adverse Inferences for content either below 99.5 percent or scope consideration is intended to Facts Available equal to or above 99.95 percent is provide the Department with ample In applying the facts otherwise excluded from the scope. On June 3, opportunity to consider all comments available, section 776(b) of the Act 2005, Eramet Marietta Inc. and Paper, and consult with parties prior to the provides that, if the administering Allied–Industrial, Chemical and Energy issuance of the final determination. authority finds that an interested party Workers International Union (the has failed to cooperate by not acting to Use of Facts Otherwise Available petitioners) submitted rebuttal the best of its ability to comply with a comments to Mitsui’s scope comments. For the reasons discussed below, we request for information from the The petitioners argue that Mitsui’s determine that the use of adverse facts administering authority, in reaching the ‘‘proposed changes are contrary to the available (AFA) is appropriate for the applicable determination under this intent of the petition and would permit preliminary determination with respect title, the administering authority may wholesale circumvention.’’ On June 10, to JFE Material. use an inference adverse to the interests 2005, Mitsui submitted rebuttal A. Use of Facts Available of that party in selecting from among the comments arguing that, contrary to the facts otherwise available. See, e.g., petitioners’ assertions, creating a more Section 776(a)(2) of the Tariff Act of Notice of Preliminary Determination of finite scope definition is necessary to 1930, as amended (the Act), provides Sales at Less Than Fair Value, and counteract circumvention. On June 24, that, if an interested party withholds Postponement of Final Determination: 2005, the petitioners submitted rebuttal information requested by the Certain Circular Welded Carbon– comments to Mitsui’s June 10, 2005, administering authority, fails to provide Quality Line Pipe From Mexico, 69 FR submission, arguing against Mitsui’s such information by the deadlines for 59892 (October 6, 2004). proposed changes to the scope of this submission of the information and in Adverse inferences are appropriate investigation. the form or manner requested, subject to ‘‘to ensure that the party does not obtain On May 24, 2005, Tosoh Corporation subsections (c)(1) and (e) of section 782, a more favorable result by failing to and Tosoh Specialty Material significantly impedes a proceeding cooperate than if it had cooperated Corporation (collectively, Tosoh) under this title, or provides such fully.’’ See Statement of Administrative submitted scope comments in which it information but the information cannot Action accompanying the Uruguay argued that the following products be verified as provided in 782(i), the Round Agreements Act, H. Doc. No. produced and/or exported by Tosoh are administering authority shall use, 103–316, at 870 (1994) (SAA). Further, outside the scope of the proceeding on subject to section 782(d) of the Act, facts ‘‘affirmative evidence of bad faith, or superalloy degassed chromium: certain otherwise available in reaching the willfulness, on the part of a respondent chromium sputtering targets and spent applicable determination. Section is not required before the Department sputtering targets without a metal 782(d) of the Act provides that, if the may make an adverse inference.’’ See backing plate; certain chromium administering authority determines that Antidumping Duties; Countervailing sputtering targets with a metal backing a response to a request for information Duties, 62 FR 27355 (May 19, 1997). plate; certain chromium ingots; non– does not comply with the request, the Although the Department provided the degassed chromium metal flakes. Tosoh administering authority shall promptly respondent with notice of the claimed that the petitioners agreed with inform the responding party and consequences of failure to respond their assertion. In their June 1, 2005, provide an opportunity to remedy the adequately to the questionnaire in this submission, the petitioners agreed with deficient submission. Section 782(e) of case, JFE Material did not respond to the Tosoh that it would be appropriate for the Act further states that the questionnaire. This constitutes a failure the Department to determine that the Department shall not decline to on the part of JFE Material to cooperate above–mentioned products are outside consider submitted information if all of to the best of its ability to comply with the scope of the investigation. On the following requirements are met: (1) a request for information by the August 4, 2005, the petitioners provided The information is submitted by the Department within the meaning of additional clarification with respect to established deadline; (2) the information section 776 of the Act. Therefore, the their position on Tosoh’s scope– can be verified; (3) the information is Department has preliminarily clarification request. not so incomplete that it cannot serve as determined that, in selecting from We do not have the technical a reliable basis for reaching the among the facts otherwise available, an information at this time to determine applicable determination; (4) the adverse inference is warranted. See, e.g., whether clear chromium–content interested party has demonstrated that it Notice of Final Determination of Sales parameters exist which define acted to the best of its ability; and (5) at Less than Fair Value: Circular superalloy degassed chromium. As the information can be used without Seamless Stainless Steel Hollow such, we have not made a decision with undue difficulties. Products from Japan, 65 FR 42985 (July respect to Mitsui’s scope comments. In this case, JFE Material did not 12, 2000) (the Department applied total Further, we continue to evaluate the provide pertinent information we AFA where the respondent failed to

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respond to the antidumping find that the estimated margin we set Manufacturer or Ex- Weighted–Average questionnaire). forth in the Initiation Notice has porter Margin (percent) probative value. See Memorandum to C. Selection and Corroboration of the File from Dmitry Vladimirov JFE Material Co., Ltd. .. 129.32 Information Used as Facts Available entitled ‘‘Preliminary Determination in All Others ...... 129.32 Where the Department applies AFA the Antidumping Duty Investigation of because a respondent failed to cooperate Superalloy Degassed Chromium from International Trade Commission by not acting to the best of its ability to Japan: Corroboration of Total Adverse Notification comply with a request for information, Facts Available Rate,’’ dated August 11, section 776(b) of the Act authorizes the In accordance with section 733(f) of 2005. Therefore, in selecting AFA with the Act, we have notified the ITC of our Department to rely on information respect to JFE Material, we have applied derived from the petition, a final preliminary determination of sales at the margin rate of 129.32 percent, the less than fair value. If our final determination, a previous highest estimated dumping margin set administrative review, or other antidumping determination is forth in the notice of initiation. See affirmative, the ITC will determine information placed on the record. See Initiation Notice. also 19 CFR 351.308(c) and SAA at 829– whether the imports covered by that 831. In this case, because we are unable All Others Rate determination are materially injuring, or to calculate a margin based on JFE threatening material injury to, the U.S. Section 735(c)(5)(B) of the Act industry. The deadline for the Material’s own data and because an provides that, where the estimated adverse inference is warranted, we have Commission’s determination would be weighted–average dumping margins the later of 120 days after the date of this assigned to JFE Material the margin established for all exporters and alleged in the petition and which we preliminary determination or 45 days producers individually investigated are after the date of our final determination. included in the notice of initiation of zero or de minimis or are determined this investigation. See Initiation Notice, entirely under section 776 of the Act, Public Comment 70 FR at 16222. the Department may use any reasonable When using facts otherwise available, Case briefs for this investigation must method to establish the estimated ‘‘all section 776(c) of the Act provides that, be submitted no later than 30 days after others’’ rate for exporters and producers when the Department relies on the publication of this notice. Rebuttal secondary information (such as the not individually investigated. This briefs must be filed within five days petition), it must, to the extent provision contemplates that the after the deadline for submission of case practicable, corroborate that information Department may weight–average briefs. A list of authorities used, a table from independent sources that are margins other than the zero, de minimis, of contents, and an executive summary reasonably at its disposal. or facts–available margins to establish of issues should accompany any briefs The SAA clarifies that ‘‘corroborate’’ the all others rate. When the data does submitted to the Department. Executive means the Department will satisfy itself not permit weight–averaging such other summaries should be limited to five that the secondary information to be margins, the SAA provides that the pages total, including footnotes. used has probative value. See SAA at Department may use any other reasonable methods. See SAA at 873. Section 774 of the Act provides that 870. The Department’s regulations state the Department will hold a hearing to Because the petition contained only that independent sources used to afford interested parties an opportunity one estimated dumping margin and the corroborate such evidence may include, to comment on arguments raised in case sole respondent did not provide a for example, published price lists, or rebuttal briefs, provided that such a questionnaire response, there are no official import statistics and customs hearing is requested by an interested additional estimated margins available data, and information obtained from party. If a request for a hearing is made with which to create the all others rate. interested parties during the particular in an investigation, the hearing See Notice of Final Determination of investigation. See 19 CFR 351.308(d) normally will be held two days after the Sales at Less Than Fair Value: and SAA at 870. deadline for submission of the rebuttal Ferrovandium from the Republic of For the purposes of this investigation, briefs at the U.S. Department of South Africa, 67 FR 71136 (November to the extent appropriate information Commerce, 14th Street and Constitution 29, 2002). Therefore, we are using the was available, we reviewed the Avenue, N.W., Washington, DC 20230. initiation margin of 129.32 percent as adequacy and accuracy of the Parties should confirm by telephone the the all others rate. information in the petition during our time, date, and place of the hearing 48 pre–initiation analysis. See the March Suspension of Liquidation hours before the scheduled time. 24, 2005, Office of AD/CVD Operations Initiation Checklist (Initiation Checklist) In accordance with section 733(d) of Interested parties who wish to request on file in Import Administration’s the Act, we are directing U.S. Customs a hearing, or to participate if one is Central Records Unit, Room 1870, U.S. and Border Protection (CBP) to suspend requested, must submit a written Department of Commerce, 14th Street liquidation of all entries of superalloy request within 30 days of the and Constitution Avenue, NW, degassed chromium from Japan that are publication of this notice. Requests Washington, DC 20230. entered, or withdrawn from warehouse, should specify the number of For this preliminary determination, for consumption on or after the date of participants and provide a list of the we examined evidence supporting the publication of this notice in the Federal issues to be discussed. Oral calculations in the petition to determine Register. We will instruct CBP to presentations will be limited to issues the probative value of the margins in the require a cash deposit or the posting of raised in the briefs. We will make our petition. In accordance with section a bond equal to the weighted–average final determination within 75 days after 776(c) of the Act, to the extent margin, as indicated in the chart below. the date of this preliminary practicable, we examined the key These suspension–of-liquidation determination. elements of the export–price and instructions will remain in effect until This determination is issued and normal–value calculations on which the further notice. The weighted–average published pursuant to sections 733(f) margins in the petition were based. We dumping margins are as follows: and 777(i)(1) of the Act.

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Dated: August 11, 2005. employee safety and training, to provide The office does not maintain a Barbara E. Tillman, for research and development of clean separate public inspection facility. If Acting Assistant Secretary for Import and efficient propane utilization you would like to view any comments Administration. equipment, and to inform and educate received in response to this solicitation, [FR Doc. E5–4515 Filed 8–17–05; 8:45 am] the public about safety and other issues please contact the individual listed in BILLING CODE 3510–DS–S associated with the use of propane. FOR FURTHER INFORMATION CONTACT. Section 12 of the Act requires the Secretary of Commerce to prepare and Joseph Bogosian, DEPARTMENT OF COMMERCE submit to Congress and the Secretary of Deputy Assistant Secretary for Energy a report examining whether Manufacturing. International Trade Administration operation of the Council, in conjunction [FR Doc. E5–4514 Filed 8–17–05; 8:45 am] BILLING CODE 3510–DR–P [Docket No.: 050808218–5218–01] with the cumulative effects of market changes and Federal programs, has had Effect of the Propane Education and an effect on propane consumers, DEPARTMENT OF COMMERCE Research Council’s Operation, Market including residential, agriculture, process, and nonfuel users of propane. Changes and Federal Programs on National Oceanic and Atmospheric The Secretary of Commerce shall Propane Consumers Administration consider and, to the extent practicable, AGENCY: International Trade shall include in the report submissions [I.D. 061405A] Administration, Department of by propane consumers, and shall Commerce. consider whether: (1) There have been Taking Marine Mammals Incidental to ACTION: Notice of inquiry. long-term and short-term effects on Specified Activities; Port Sutton propane prices as a result of the Navigation Channel, Tampa Bay, FL SUMMARY: The Department of Commerce Council’s activities and Federal (the Department) is seeking public AGENCY: National Marine Fisheries programs; and (2) whether there have Service (NMFS), National Oceanic and comment on whether the operation of been changes in the proportion of the Propane Education and Research Atmospheric Administration (NOAA), propane demand attributable to various Commerce. Council (PERC), in conjunction with the market segments. If the Secretary of cumulative effects of market changes Commerce concludes that there has ACTION: Notice of receipt of application and Federal programs, has had an effect been an adverse effect related to the and proposed authorization for an on residential, agricultural, process and Council’s activities, the Secretary of incidental take authorization; request nonfuel users of propane. This notice of Commerce shall make recommendations for comments. inquiry is part of an effort to collect for correcting the situation. SUMMARY: information to fulfill requirements NMFS has received a request In order to assist in the preparation of from the U.S. Army Corps of Engineers- under the Propane Education and this study, the Department is seeking Research Act of 1996 that established Jacksonville District (Corps) for public comment on the effect of PERC’s authorizations to take marine mammals, PERC and requires the Secretary of operation, market changes and Federal Commerce to assess the impact of by harassment, incidental to expanding programs on propane consumers. For and deepening the Port Sutton PERC’s activities on propane information on the operation and consumers. Navigation Channel in Tampa Harbor, programs of PERC, you may visit PERC’s FL (Port Sutton project). Under the Web site at http:// DATES: Comments on this notice must be Marine Mammal Protection Act www.propanecouncil.org or call PERC at submitted on or before September 19, (MMPA), NMFS is requesting comments 2005. (202) 452–8975. The Department encourages interested on its proposal to issue a 1–year ADDRESSES: You may submit comments persons who wish to comment to do so Incidental Harassment Authorization by any of the following methods: (IHA) to the Corps to incidentally take, _ at the earliest possible time. The period E-mail: Shannon [email protected]. for submission of comments will close by harassment, bottlenose dolphins Include the phrase ‘‘Propane Price on September 19, 2005. The Department (Tursiops truncatus) as a result of Impacts on Consumers’’ in the subject will consider all comments received conducting this activity and the Corps’ line; before the close of the comment period. application for regulations. Fax: (202) 482–0170 (Attn: Shannon Comments received after the end of the DATES: Comments and information must Fraser); comment period will be considered if be received no later than September 19, Mail or Hand Delivery/Courier: possible, but their consideration cannot 2005. Shannon Fraser, U.S. Department of be assured. The Department will not ADDRESSES: Comments on the Commerce, 14th Street & Constitution accept comments accompanied by a application should be addressed to Ave., NW., Suite 4053, Washington, DC request that a part or all of the material Steve Leathery, Chief, Permits, 20230. be treated confidentially because of its Conservation and Education Division, FOR FURTHER INFORMATION CONTACT: For business proprietary nature or for any Office of Protected Species, National questions on the submission of other reason. The Department will Marine Fisheries Service, 1315 East- comments or to request copies of return such comments and materials to West Highway, Silver Spring, Md submitted comments, contact Shannon the persons submitting the comments 20910. The mailbox address for Fraser by telephone at (202) 482–3609, and will not consider them. All providing e-mail comments on this or e-mail at comments submitted in response to this action is [email protected]. _ Shannon [email protected]. notice will be a matter of public record Comments sent via email, including all SUPPLEMENTARY INFORMATION: The and will be available for public attachments, must not exceed a 10– Propane Education and Research Act of inspection and copying. All comments megabyte file size. A copy of the 1996 (Pub. L. 104–284) established the must be submitted to the Department application containing a list of Propane Education and Research through one of the methods listed under references used in this document may Council to enhance consumer and ADDRESSES. be obtained by writing to the address

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provided or by telephoning the contact incidental harassment of small numbers m) deep within the rock substrate, listed under the heading FOR FURTHER of marine mammals. depending on how much rock needs to INFORMATION CONTACT. Publications be broken and how deep a channel Summary of Request referenced in this document are depth is authorized. The charges are available for viewing, by appointment On February 26, 2004, NMFS received placed in the holes and tamped with during regular business hours, at the a request from the Corps for an rock. Therefore, if the total explosive address provided here during this authorization to take bottlenose weight needed is 375 lbs (170 kg) and comment period. dolphins incidental to using blasting they have 10 holes, they would average during enlargement of the Port Sutton FOR FURTHER INFORMATION CONTACT: 37.5 lbs (17.0 kgs)/hole. However, a Layne Bolen, NMFS, (301) 713–2289, Navigation Channel, a part of the Tampa more likely weight for this project may ext 117. Harbor Federal Navigation Project, in be only 90 lbs (41 kgs) total and, the northern portion of Tampa Bay, SUPPLEMENTARY INFORMATION: therefore, 9 lbs (4.1 kg)/hole. Charge Hillsborough County, Florida. The weight and other determinations are Background purpose of the project is to enlarge the expected to be made by the Corps and navigation channel to accommodate the contractor approximately 30–60 Sections 101(a)(5)(A) and (D) of the larger vessels and incorporate an MMPA (16 U.S.C. 1361 et seq.) direct days prior to commencement of the additional channel segment into the construction project. Because the charge the Secretary of Commerce to allow, Federal channel. Completion of the upon request, the incidental, but not weight and other information is not dredging project may employ blasting presently available, NMFS will require intentional, taking of marine mammals and/or a clamshell or cutterhead dredge. by U.S. citizens who engage in a the Corps to provide this information to The dredging will remove NMFS, including calculations for specified activity (other than approximately 900,000 cubic yards of commercial fishing) within a specified impact/mitigation zones to protect material from the existing navigation marine mammals from injury, prior to geographical region if certain findings channel and extension. The Corps are made and either regulations are commencing work. However, as proposes to widen the 3,930–ft (1,198– described later in this document, issued or, if the taking is limited to m) long navigation channel to 290 feet harassment, a notice of a proposed mitigation measures will require the (88 m) bottom-width, deepen to 42 feet Corps to limit detonations to the authorization is provided to the public (13 m) at mean low-low water (mllw), for review. minimum level necessary to accomplish and lengthen the channel to 6,195 ft the task and the larger the charge An authorization may be granted if (1,888 m) in length with the previously weight, the greater the safety zone that NMFS finds that the taking will have a discussed dimensions. Material will be required to protect marine negligible impact on the species or removed from the dredging will be mammals. stock(s), will not have an unmitigable placed in the existing upland dredged adverse impact on the availability of the material management area CMDA–2D. Summary of Request for Regulations species or stock(s) for subsistence uses, The project is proposed to start in and provided that the permissible March, 2006 and last approximately 18 While the Corps was coordinating methods of taking and requirements months. with NMFS on the application and pertaining to the monitoring and The Corps expects the contractor to issuance of an IHA for the Miami reporting of such takings are set forth. employ underwater confined blasting Turning Basin in early 2003 (see 68 FR NMFS has defined ‘‘negligible impact’’ and dredging to construct the project. 32016, May 29, 2003), the Corps in 50 CFR 216.103 as ‘‘an impact Blasting may have adverse impacts on identified several additional Federal resulting from the specified activity that bottlenose dolphins and manatees navigation projects that might need cannot be reasonably expected to, and is (Trichechus manatus latirostris) similar MMPA authorizations within not reasonably likely to, adversely affect inhabiting the area near or utilizing the the next few years, if confined blasting the species or stock through effects on northern portion of Tampa Bay. is used as a construction technique. To annual rates of recruitment or survival.’’ Dolphins and other marine mammals ensure consistency across MMPA Subsection 101(a)(5)(D) of the MMPA have not been documented to be authorizations for these dredging established an expedited process by directly affected by dredging activities projects, and efficiency for both which citizens of the United States can other than blasting. agencies, NMFS recommended that the apply for an authorization to While the Corps does not presently Corps apply for these authorizations incidentally take small numbers of have a blasting plan from the contractor, under section 101(a)(5)(A) of the marine mammals by harassment. Except which will specifically identify the MMPA, instead of individually under with respect to certain activities not number of holes that will be drilled, the section 101(a)(5)(D) of the MMPA. This pertinent here, the MMPA now defines amount of explosives that will be used request was received on December 1, ‘‘harassment’’ as: for each hole, the number of blasts per 2003. At this time the Miami Turning any act of pursuit, torment, or annoyance day (usually no more than 3/day), or the Basin project, the Alafia River project which (i) has the potential to injure a marine number of days the construction is (see 69 FR 29693, May 25, 2004) and mammal or marine mammal stock in the wild anticipated to take to complete, the this project are proposed to be covered [Level A harassment]; or (ii) has the potential Corps submitted a description of a by the section 101(a)(5)(A) rulemaking. to disturb a marine mammal or marine mammal stock in the wild by causing completed project in San Juan Harbor, This rule, if implemented, and Letters of disruption of behavioral patterns, including, Puerto Rico as an example. For that Authorization (LOA) issued under that but not limited to, migration, breathing, project, the maximum weight of the rule, would replace the IHA process for nursing, breeding, feeding, or sheltering explosives used for each event was 375 these activities in the Jacksonville [Level B harassment]. lbs (170 kg) and the contractors District. Each application for an LOA for Subsection 101(a)(5)(D) establishes a detonated explosives once or twice additional projects within the 45–day time limit for NMFS review of daily from July 16 to September 9, for Jacksonville District for confined an application followed by a 30–day a total of 38 individual detonations. blasting within the District would public notice and comment period on Normal practice is for each charge to be require separate public review and any proposed authorizations for the placed approximately 5 - 10 ft (1.5 - 3 comment, prior to issuance of an LOA.

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NMFS expects to start this rulemaking animals may enter the vicinity of the the strength of the pressure wave shortly. channel. released as compared to an open water blast, the zones for mortality and non- Description of the Marine Mammals Potential Effects on Marine Mammals serious injury would be significantly Affected by the Activity According to the Corps, bottlenose less than these distances. As a result of General information on marine dolphins and other marine mammals these small impact zones, the relatively mammal species found off the east coast have not been documented to be shallow waters for blasting, and the of the United States can be found in directly affected by dredging activities nature of bottlenose dolphins to remain Waring et al. (2001, 2002). These reports and therefore the Corps does not in surface waters, the biological are available on the Internet at the anticipate any incidental harassment of monitoring (aerial- and vessel-based) is following location: http:// bottlenose dolphins by dredging. expected to be effective in locating all www.nmfs.noaa.gov/protlres/PR2/ However, potential impacts to marine marine mammals prior to them entering StocklAssessmentlProgram/sars.html mammals from explosive detonations an area where injury or mortality might Bottlenose dolphins and West Indian include both lethal and non-lethal result and thereby preventing any takes manatees are the only marine mammal injury, as well as Level B harassment. by injury or mortality. species expected in the activity area. Marine mammals may be killed or NMFS has also established dual However, take authorizations for injured as a result of an explosive criteria for what constitutes Level B manatees are issued by the U.S. Fish detonation due to the response of air acoustic harassment for all marine and Wildlife Service (USFWS) and are cavities in the body, such as the lungs mammals by large scale detonations: (1) not covered by this proposed IHA or any and bubbles in the intestines. Effects are an energy-based temporary threshold future rulemaking for LOAs issued by likely to be most severe in near-surface shift (TTS) from received sound levels NMFS. Wang et al. (2002) provides the waters where the reflected shock wave of 182 dB re 1 microPa2–sec cumulative following minimum population creates a region of negative pressure energy flux in any 1/3 octave band estimates for the Gulf of Mexico called ‘‘cavitation.’’ This is a region of above 100 Hz for odontocetes (derived bottlenose dolphin stocks: outer shelf, near total physical trauma within which from experiments with bottlenose 43,233; shelf and slope, 4,530; western no animals would be expected to dolphins (Ridgway et al., 1997; Gulf, 2,938; northern Gulf, 3,518; survive. A second possible cause of Schlundt et al., 2000); and (2) 12 psi eastern Gulf, 8,953; and Bay, Sound & mortality or lethal injury is the onset of peak pressure (cited by Ketten (1995) as Estuarine waters, 3,933. extensive lung hemorrhage. Extensive associated with a safe outer limit for The best estimate is that the Tampa lung hemorrhage is considered minimal, recoverable auditory trauma Bay bottlenose dolphin population debilitating and potentially fatal. (i.e., TTS)). Recently, Finneran et al. (which includes any dolphins within Suffocation caused by lung hemorrhage (2002) found that TTS can be induced the Port Sutton project area) consists of is likely to be the major cause of marine from single impulses at a peak pressure 559 individuals (Wang et al., 2002). mammal death from underwater shock level of 160 kPa (23 psi), pk-pk Previous population estimates for waves. The onset of extensive lung pressures of 226 dB re 1 microPa, and Tampa Bay include Wells et al. (1996), hemorrhage for marine mammals will total energy flux density of 186 dB re 1 Weigle (1990), Scott et al. (1989) Wells vary depending upon the animal’s mPa2–s (as tested in belugas). (1986), Thompson (1981), and O’Dell weight, with the smallest mammals Thresholds returned to within 2 dB of and Reynolds (1980). A monitoring having the greatest potential hazard the pre-exposure value approximately 4 study of bottlenose dolphins in Tampa range. minutes post exposure. However, no Bay was conducted from 1988–1993. NMFS has also established criteria for masked TTS was observed in the single The results of that study were published determining non-lethal injury (Level A bottlenose dolphin tested at the highest in Wells et al. (1996). It is the most harassment)and non-injurious exposure conditions: peak pressure of recent study of those animals currently harassment (Level B harassment) from 207 kPa (30 psi), 228 dB re 1 microPa available (R. Wells, pers. comm. to T. underwater explosions (see 66 FR pk-pk pressure, and 188 dB re 1 mPa2– Jordan, Corps, 2004). The study 22450, May 4, 2001). For non-lethal s total energy flux. NMFS considers this identified a population size ranging injury from explosives the criteria are conservative since a 23–psi pressure between 437 and 728 individuals established as the peak pressure that level was below the level that induced utilizing three different survey and will result in: (1) the onset of slight lung TTS in bottlenose dolphins. The Level population estimation techniques. Some hemorrhage, or (2) a 50–percent B harassment zone, therefore, is the of these animals have been shown to be probability level for a rupture of the distance from the mortality/serious in the vicinity of the Port Sutton tympanic membrane. These are injuries injury zone to the radius where neither channel. In a subsequent examination of from which animals would be expected of these criteria is exceeded. the data, Urian (2002) identified five to recover on their own. populations of bottlenose dolphins in Although each of the tamped charges Mitigation Tampa Bay. Neither the Corps nor are fairly small (probably less than the The Corps proposes to establish and NMFS has determined if bottlenose 37 lbs (16.8 kg) per drilled hole used in monitor caution- and safety-zone radii dolphins in the Tampa Bay area utilize Puerto Rico) and detonation staggered to to ensure that bottlenose dolphins will the Port Sutton channel directly. Wells reduce total pressure, the maximum not be injured or killed during blasting et al. (1996), shows animals in the horizontal extent for mortality/lethal and that impacts will be at the lowest vicinity of the project area, but no injury and non-lethal injury (Level A level practicable. In the absence of detailed information is provided harassment), estimated based on the acoustic measurements of the shock and regarding area usage. The bottom of the total charge weight (375 lbs in the case pressure waves emanating from the basin is rock and sand, and the walls of of Puerto Rico) would be less than 1875 detonations (due to the high cost and the turning basin are vertical rock. The ft (571 m) and 3750 ft (1143 m) complex instrumentation needed), the Corps recognizes that while the Port respectively. As these distances are following equations have been proposed Sutton area may not be suitable habitat based on an open-water charge by the Corps for blasting projects to for dolphins in Tampa Bay, based on calculation, and as stemmed/confined determine zones for injury or mortality Urian’s (2002) findings it is likely that blasts result in a significant decrease in from an open water explosion and to

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assist the Corps in establishing separation from any other loaded hole; blasting activities will have no effect on mitigation to reduce impacts to the (2) restricting the hours of detonation listed species. This finding is supported lowest level practicable. The equations, from 2 hours after sunrise to 1 hour by documentation provided in the based on Young (1991), are: before sunset to ensure adequate Corps’ Port Sutton Environmental Caution Zone Radius (R) = 260 (W)1⁄3 observation of marine mammals in the Assessment (EA). Safety Zone Radius (R) = 520 (W)1⁄3 safety zone; (3) staggering the with radius (R) = 260 times or 520 detonation for each explosive hole in National Environmental Policy Act times the cube root of the weight (W) of order to spread the explosive’s total The Corps prepared an EA on the the explosive charge where R = radius overpressure over time, which in turn Navigation Study for Tampa Harbor-Port of the zone in feet and W = weight of will reduce the radius of the caution Sutton Channel, Florida in September the explosive charge in lbs/delay. The zone; (4) capping the hole containing 2000 and made a finding of no Caution Zone represents the radius in explosives with rock in order to reduce feet from the detonation beyond which the outward potential of the blast, significant impact (FONSI)on October mortality would not be expected from thereby reducing the chance of injuring 11, 2000. In addition, NMFS completed an open-water blast. The Safety Zone is a dolphin or manatee; (5) matching, to an EA and made a FONSI on the the approximate distance in feet beyond the extent possible, the energy needed impacts of blasting activities in Florida which injury (Level A harassment) is in the ‘‘work effort’’ of the borehole to waters on marine life, particularly unlikely from an open-water explosion. the rock mass to minimize excess energy bottlenose dolphins. Therefore, These zones will be used for vented into the water column; and (6) preparation of an EIS on this action is implementing mitigation measures to conducting a marine mammal watch not required by section 102(2) of the protect both marine mammals and sea with no less than two qualified NEPA or its implementing regulations. turtles, although this activity area observers from a small water craft and/ A copy of the NMFS EA and FONSI are apparently does not include known sea or an elevated platform on the available upon request (see ADDRESSES). turtle habitat. explosives barge, at least 30 minutes Preliminary Conclusions These equations are believed to be before and continuing for 30 minutes conservative because they are based on after each detonation to ensure that NMFS has preliminarily determined (1) humans, who are more sensitive to there are no dolphins, manatees or sea that the Corps’ proposed action, the effects from the pressure wave of the turtles in the area at the time of including mitigation measures to protect detonation than are dolphins, and (2) detonation. unconfined charges while the proposed marine mammals, should result, at blasts in the Port Sutton channel will be Monitoring Program worst, in the temporary modification in confined (stemmed) charges (i.e., placed behavior by small numbers of bottlenose The Corps proposes to implement dolphins including temporarily vacating in a hole drilled in rock and tamped aerial and vessel-based observer with rock). Studies (e.g., Nedwell and the Port Sutton Channel area to avoid monitoring programs. The vessel-based the blasting activity and the potential Thandavamoorthy, 1992) have shown observer program will take place in a for minor visual and acoustic that stemmed/confined blasts have a circular area at least three times the disturbance from dredging and greater than 90 percent decrease in the radius of the above described Caution detonations. This action is expected to strength of the pressure wave released Zone (called the watch zone). have a negligible impact on the affected as compared to an open water blast. Detonation will not occur if a marine species or stock of marine mammals. In In the area where explosives are mammal or sea turtle is sighted within required to obtain channel design depth the safety zone and will be delayed until addition, no take by injury or death is for each explosive charge, the Corps the animal(s) move(s) out of the safety anticipated, and harassment takes will proposes that detonation will not occur zone on its own volition. The aerial and be at the lowest level practicable due to if a marine mammal is sighted within vessel-based marine mammal watch is incorporation of the mitigation the Safety Zone by a member of the proposed to be conducted for at least a measures described in this document. marine mammal observer program. half hour before and after the time of Proposed Authorization Although the Caution Zone is each detonation. considered to be an area for potential NMFS proposes to issue an IHA to the Reporting mortality, the Corps and NMFS believe Corps for the harassment of small that because all explosive charges will NMFS proposes to require the Corps numbers of bottlenose dolphins be stemmed, the true areas for potential to submit a report of activities 120 days incidental to expanding and deepening mortality and injury will be before the expiration of the proposed the Port Sutton Channel in Tampa significantly smaller than this area and, IHA if the proposed work has started. Harbor, FL, provided the previously therefore, for reasons mentioned This report will include the status of the mentioned mitigation, monitoring, and previously, it is unlikely that even non- work being undertaken, marine reporting requirements are incorporated. serious injury will occur. This is mammals sighted during the monitoring NMFS has preliminarily determined particularly true in this case, since period, any behavioral observations that the proposed activity would result bottlenose dolphins are commonly conducted on bottlenose dolphins and in the harassment of only small found on the surface of the water and any delays in detonation due to marine implementation of a mitigation/ numbers of bottlenose dolphins and will mammals being within the safety zone. have no more than a negligible impact monitoring program is unlikely to miss In the unlikely event a marine on this marine mammal stock. bottlenose dolphins in such a small mammal or sea turtle is injured or killed area. during blasting, the Contractor shall Information Solicited Additional mitigation measures that immediately notify the NMFS Southeast will significantly lower potential Regional Office. NMFS requests interested persons to impacts to marine mammals (and sea submit comments and information turtles) include: (1) confining the Endangered Species Act concerning this proposed IHA and the explosives in a hole with drill patterns Under section 7 of the ESA, the Corps application for regulations request (see restricted to a minimum of 8 ft (2.44 m) has determined that the Port Sutton ADDRESSES).

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Dated: August 12, 2005. DEPARTMENT OF COMMERCE Atmospheric Administration (NOAA), P. Michael Payne, Commerce. Acting Deputy Director, Office of Protected National Oceanic and Atmospheric ACTION: Notice of public meetings. Resources, National Marine Fisheries Service. Administration [FR Doc. 05–16392 Filed 8–17–05; 8:45 am] [I.D. 081105D] SUMMARY: The Pacific Fishery BILLING CODE 3510–22–S Management Council’s (Council) Ad North Pacific Fishery Management Hoc Groundfish Habitat Technical Council; Public Meeting DEPARTMENT OF COMMERCE Review Committee will hold a working AGENCY: National Marine Fisheries meeting on September 8–9. The meeting National Oceanic and Atmospheric Service (NMFS), National Oceanic and is open to the public. Atmospheric Administration (NOAA), Administration DATES: The Ad Hoc Groundfish Habitat Commerce. Technical Review Committee working [I.D. 081105A] ACTION: Notification of public meeting. meeting will begin Thursday, September 8 at 8 a.m. and may go into the evening SUMMARY: The Council/BOF Interim Mid-Atlantic Fishery Management or until business for the day is Joint Protocol Committee will meet on Council; Meeting completed. The meeting will reconvene August 30, 2005, in Anchorage, AK. from 8 a.m. to 4 p.m. Friday, September AGENCY: National Marine Fisheries DATES: August 30, 2005, 10:30 am to 9. Service (NMFS), National Oceanic and 5:30 pm. Atmospheric Administration (NOAA), ADDRESSES: Hawthorn Suites, Ltd, 1110 ADDRESSES: The meetings will be at the Commerce. West 8th Avenue, Anchorage, AK 99501 following address: DoubleTree Hotel ACTION: Notice of public meeting. Council address: North Pacific Seattle Airport, Cascade 13, 18740 Fishery Management Council, 605 W. International Blvd., Seattle, WA 98188; SUMMARY: The Mid-Atlantic Fishery 4th Ave., Suite 306, Anchorage, AK telephone 206–246–8600. Management Council’s Scientific and 99501–2252. Council address: Pacific Fishery Statistical Committee will hold a public FOR FURTHER INFORMATION CONTACT: Management Council, 7700 NE meeting. Council staff, Phone: 907–271–2809. Ambassador Place, Suite 200, Portland, DATES: Tuesday, August 30, 2005, from SUPPLEMENTARY INFORMATION: OR 97220–1384. 10 a.m. to 4 p.m. Agenda FOR FURTHER INFORMATION CONTACT: Dr. ADDRESSES: Renaissance Philadelphia Christopher Dahl, NEPA Specialist, Airport, 500 Stevens Drive, (1) Approval of the previous meetings 503–820–2280. minutes, Philadelphia, PA 19113; telephone 610– SUPPLEMENTARY INFORMATION: The 521–5900. (2) Review of the State of Alaska’s proposed pollock trawl fishery in the purpose of the Ad Hoc Groundfish Council address: Mid-Atlantic Fishery Jude Island area, and Habitat Technical Review Committee Management Council, Room 2115, 300 (3) Committee discussion and meeting is to provide a technical review S. New Street, Dover, DE 19904. recommendations for Council and Board of the habitat suitability data used to FOR FURTHER INFORMATION CONTACT: of Fisheries action. support alternatives and analyses in the Daniel T. Furlong, Executive Director, Pacific Coast Groundfish Fishery Mid-Atlantic Fishery Management Special Accommodations Management Plan Essential Fish Habitat Council; telephone: 302–674–2331, ext. These meetings are physically Designation and Minimization of 19. accessible to people with disabilities. Adverse Impacts Final Environmental Impact Statement, currently in SUPPLEMENTARY INFORMATION: The Requests for sign language preparation by National Marine purpose of this meeting is to solicit the interpretation or other auxiliary aids Fisheries Service. By holding a public Scientific and Statistical Committee’s should be directed to Gail Bendixen at meeting, the committee will provide advice on technical information and 907–271–2809 at least 7 working days opportunity for public participation in management support tools, as well as, prior to the meeting date. the review process. The committee will input on methods to acquire public Dated: August 15, 2005. only consider technical and scientific assistance in goal setting for ecosystem Alan D. Risenhoover, questions and will not engage in policy based approaches to fisheries Acting Director, Office of Sustainable discussions as part of its mission. management. Fisheries, National Marine Fisheries Service. Special Accommodations [FR Doc. E5–4513 Filed 8–17–05; 8:45 am] Special Accommodations BILLING CODE 3510–22–S This meeting is physically accessible The meetings are physically to people with disabilities. Requests for accessible to people with disabilities. sign language interpretation or other DEPARTMENT OF COMMERCE Requests for sign language auxiliary aids should be directed to Jan interpretation or other auxiliary aids Saunders (302–674–2331 ext: 18) at the National Oceanic and Atmospheric should be directed to Ms. Carolyn Porter Council Office at least 5 days prior to Administration at 503–820–2280 at least 7 days prior to the meeting date. the meeting date. [I.D. 081105C] Dated: August 15, 2005. Dated: August 15, 2005. Pacific Fishery Management Council; Alan D. Risenhoover, Alan D. Risenhoover, Ad Hoc Groundfish Habitat Technical Acting Director, Office of Sustainable Acting Director, Office of Sustainable Review Committee Meeting Fisheries, National Marine Fisheries Service. Fisheries, National Marine Fisheries Service. [FR Doc. E5–4512 Filed 8–17–05; 8:45 am] AGENCY: National Marine Fisheries [FR Doc. E5–4511 Filed 8–17–05; 8:45 am] BILLING CODE 3510–22–S Service (NMFS), National Oceanic and BILLING CODE 3510–22–S

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DEPARTMENT OF COMMERCE for-profit institutions, farms, Federal COMMODITY FUTURES TRADING government, and State, local, or tribal COMMISSION Patent and Trademark Office government. Sunshine Act Meetings Submission for OMB Review; Frequency: On occasion. Comment Request Respondent’s Obligation: Required to TIME AND DATE: 11 a.m., Friday, obtain or retain benefits. The United States Patent and September 9, 2005. OMB Desk Officer: David Rostker, Trademark Office (USPTO) has PLACE: 202–395–3897. 1155 21st St., NW., Washington, submitted to the Office of Management DC, 9th Floor Commission Conference and Budget (OMB) for clearance the Copies of the above information Room. following proposal for collection of collection proposal can be obtained by information under the provisions of the any of the following methods: STATUS: Closed. Paperwork Reduction Act (44 U.S.C. • E-mail: [email protected]. MATTERS TO BE CONSIDERED: Surveillance chapter 35). Include ‘‘0651–00xx Submissions Matters. Agency: United States Patent and Regarding Correspondence and CONTACT PERSON FOR MORE INFORMATION: Trademark Office (USPTO). Regarding Attorney Representation Jean A. Webb, 202–418–5100. Title: Submissions Regarding (Trademarks) copy request’’ in the Correspondence and Regarding Attorney subject line of the message. Jean A. Webb, Representation (Trademarks). • Secretary of the Commission. Form Number(s): PTO Forms 2196, Fax: 571–273–0112, marked to the 2197, and 2201. attention of Susan Brown. [FR Doc. 05–16436 Filed 8–16–05; 10:47 am] Agency Approval Number: 0651– • Mail: Susan K. Brown, Records BILLING CODE 6351–01–M 00xx. Officer, Office of the Chief Information Type of Request: New Collection. Officer, Office of Data Architecture and COMMODITY FUTURES TRADING Burden: 4,486 hours annually. Services, Data Administration Division, COMMISSION Number of Respondents: 68,666 U.S. Patent and Trademark Office, P.O. responses per year. Box 1450, Alexandria, VA 22313–1450. Sunshine Act Meetings Avg. Hours Per Response: The USPTO Written comments and estimates that the public will take recommendations for the proposed TIME AND DATE: 11 a.m., Friday, approximately 3 to 15 minutes information collection should be sent on September 16, 2005. completing the information in this or before September 19, 2005, to David collection, depending on the nature of Rostker, OMB Desk Officer, Room PLACE: 1155 21st St., NW., Washington, the information and whether the 10202, New Executive Office Building, DC, 9th Floor Commission Conference information is transmitted electronically 725 17th Street, NW., Washington, DC Room. or is submitted in paper. This includes 20503. STATUS: Closed. the time to gather the necessary information, create the documents, and Dated: August 11, 2005. MATTERS TO BE CONSIDERED: Surveillance submit the completed request. The time Susan K. Brown, Matters. estimates for the electronic forms in this Records Officer, USPTO, Office of Data CONTACT PERSON FOR MORE INFORMATION: collection are based on the average Architecture and Services, Data amount of time needed to complete and Administration Division. Jean A. Webb, 202–418–5100. electronically file the associated form. [FR Doc. 05–16371 Filed 8–17–05; 8:45 am] Jean A. Webb, There are no paper forms in this BILLING CODE 3510–16–P Secretary of the Commission. collection. [FR Doc. 05–16437 Filed 8–16–05; 10:47 am] Needs and Uses: This collection of BILLING CODE 6351–01–M information is required by the Trademark Act, 15 U.S.C. 1051 et seq. COMMODITY FUTURES TRADING and is implemented through the COMMISSION COMMODITY FUTURES TRADING Trademark rules set forth in 37 CFR part 2. It provides for the appointment of Sunshine Act Meetings Sunshine Act Meetings attorneys of record or domestic representatives to represent applicants TIME AND DATE: 11 a.m., Friday, Time and Date: 11 a.m., Friday, in the application process, for the September 2, 2005. September 23, 2005. revocation of the appointment of an PLACE: 1155 21st St., NW., Washington, attorney or domestic representative, for Place: 1155 21st St., NW., Washington, DC, 9th Floor Commission Conference attorneys to request permission to DC, 9th Floor Commission Conference Room. withdraw from representation, and for Room. changes of owners addresses. STATUS: Closed. Status: Closed. This collection has been split from MATTERS TO BE CONSIDERED: Surveillance collection 0651–0009 Trademark Matters To Be Considered: Surveillance Matters. Processing to reflect the Trademark Matters. business processes and to make the CONTACT PERSON FOR MORE INFORMATION: Contact Person for More Information: collection smaller and more Jean A. Webb, 202–418–5100. Jean A. Webb, 202–418–5100. manageable. This collection will contain submissions regarding correspondence Jean A. Webb, Jean A. Webb, and regarding attorney representation. Secretary of the Commission. Secretary of the Commission. Affected Public: Business or other for- [FR Doc. 05–16435 Filed 8–16–05; 10:47 am] [FR Doc. 05–16438 Filed 8–16–05; 10:47 am] profit, individuals or households, not- BILLING CODE 6351–01–M BILLING CODE 6351–01–M

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COMMODITY FUTURES TRADING DATES: August 20, 2005 from 1:30 p.m. DATES: August 17, 2005–1 p.m. to 6 p.m. COMMISSION to 4:30 p.m. In the Federal Register of August 3, ADDRESSES: Senate Hart Hearing Room 2005, in FR Doc 05–15455, on page Sunshine Act Meetings 216, Constitution Avenue, Washington 44571, top middle column, correct FOR DC 20510. FURTHER INFORMATION CONTACT caption Time and Date: 1 a.m., Friday, FOR FURTHER INFORMATION CONTACT: to read: September 30, 2005. Please see the 2005 Defense Base FOR FURTHER INFORMATION CONTACT: LTC Place: 1155 21st St., NW., Washington, Closure and Realignment Commission Rene Bergeron, DC, 9th Floor Commission Conference Web site, http://www.brac.gov. The [email protected]. Room. Commission invites the public to Dated: August 15, 2005. Status: Closed. provide direct comment by sending an Jeannette Owings-Ballard, Matters to be Considered: Surveillance electronic message through the portal OSD Federal Register Liaison Officer, Matters. provided on the Commission’s Web site Department of Defense. Contact Person for More Information: or by mailing comments and supporting [FR Doc. 05–16447 Filed 8–16–05; 11:22 am] Jean A. Webb, 202–418–5100. documents to the 2005 Defense Base BILLING CODE 5001–06–P Closure and Realignment Commission, Jean A. Webb, 2521 South Clark Street, Suite 600, Secretary of the Commission. Arlington, Virginia 22202–3920. The DEPARTMENT OF EDUCATION [FR Doc. 05–16439 Filed 8–16–05; 10:47 am] Commission requests that public BILLING CODE 6351–01–M comments be directed toward matters Notice of Proposed Information bearing on the decision criteria Collection Requests described in The Defense Base Closure and Realignment Act of 1990, as AGENCY: Department of Education. DEFENSE BASE CLOSURE AND amended, available on the Commission SUMMARY: The Leader, Information REALIGNMENT COMMISSION Web site. Sections 2912 through 2914 of Management Case Services Team, Regulatory Information Management Notice of the Defense Base Closure that Act describe the criteria and many of the essential elements of the 2005 Services, Office of the Chief Information and Realignment Commission—Open Officer, invites comments on the Meeting BRAC process. For questions regarding this announcement, contact Mr. Dan proposed information collection AGENCY: Defense Base Closure and Cowhig, Deputy General Counsel and requests as required by the Paperwork Realignment Commission. Designated Federal Officer, at the Reduction Act of 1995. DATES: ACTION: Notice; Defense Base Closure Commission’s mailing address or by Interested persons are invited to and Realignment Commission—open telephone at 703–699–2950 or 2708. submit comments on or before October 17, 2005. meeting to receive public comment on Dated: August 15, 2005. SUPPLEMENTARY INFORMATION: Section the possible closure or realignment of Jeannette Owings-Ballard, Oceana Naval Air Station and various 3506 of the Paperwork Reduction Act of Administrative Support Officer. 1995 (44 U.S.C. Chapter 35) requires other base closure and realignment [FR Doc. 05–16416 Filed 8–15–05; 3:25 pm] recommendations (Washington, DC). that the Office of Management and BILLING CODE 5001–06–P Budget (OMB) provide interested SUMMARY: Notice is hereby given that Federal agencies and the public an early the Defense Base Closure and opportunity to comment on information Realignment Commission will hold an DEPARTMENT OF DEFENSE collection requests. OMB may amend or open meeting on August 20, 2005 from waive the requirement for public 1:30 p.m. to 4:30 p.m. at Senate Hart Notice of the Defense Acquisition consultation to the extent that public Hearing Room 216, Constitution Performance Assessment Project— participation in the approval process Avenue, Washington DC 20510. The Open Meeting; Correction would defeat the purpose of the delay of this notice resulted from the AGENCY: Department of Defense, DOD. information collection, violate State or short time-frame established by statute ACTION: Notice; Correction, Federal law, or substantially interfere for the operations of the Defense Base with any agency’s ability to perform its Closure and Realignment Commission, SUMMARY: The Defense Acquisition statutory obligations. The Leader, recent developments related to the Performance Assessment Project Information Management Case Services possible closure or realignment of published a notice of meetings in the Team, Regulatory Information Oceana Naval Air Station, and the Federal Register/Vol. 70, No. 148/ Management Services, Office of the necessity of coordinating this meeting Wednesday, August 3, 2005. The Chief Information Officer, publishes that with a variety of Federal, State and local meeting times for the August 17, 2005 notice containing proposed information government officials. The Commission Public Meeting have been changed and collection requests prior to submission requests that the public consult the 2005 the address and phone numbers for LTC of these requests to OMB. Each Defense Base Closure and Realignment Bergeron are no longer current and proposed information collection, Commission Web site, http:// should be removed. grouped by office, contains the www.brac.gov, for updates. FOR FURTHER INFORMATION CONTACT: LTC following: (1) Type of review requested, The Commission will meet to receive Rene Bergeron, e.g. new, revision, extension, existing or comment on the possible closure or [email protected]. reinstatement; (2) title; (3) summary of realignment of Oceana Naval Air the collection; (4) description of the Station, Virginia Beach, Virginia, and Correction need for, and proposed use of, the various other recommendations for In the Federal Register of August 3, information; (5) respondents and closure or realignment of installations. 2005, in FR Doc 05–15455, on page frequency of collection; and (6) This meeting will be open to the public, 44571, left column, bottom of the page, reporting and/or recordkeeping burden. subject to the availability of space. correct the DATES: caption to read: OMB invites public comment.

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The Department of Education is (TDD) may call the Federal Information FEDERAL RESERVE SYSTEM especially interested in public comment Relay Service (FIRS) at 1–800–877– addressing the following issues: (1) Is 8339. Notice of Proposals to Engage in this collection necessary to the proper [FR Doc. 05–16394 Filed 8–17–05; 8:45 am] Permissible Nonbanking Activities or functions of the Department; (2) will to Acquire Companies that are BILLING CODE 4000–01–P this information be processed and used Engaged in Permissible Nonbanking in a timely manner; (3) is the estimate Activities of burden accurate; (4) how might the FEDERAL RESERVE SYSTEM Department enhance the quality, utility, The companies listed in this notice and clarity of the information to be Formations of, Acquisitions by, and have given notice under section 4 of the collected; and (5) how might the Mergers of Bank Holding Companies Bank Holding Company Act (12 U.S.C. Department minimize the burden of this 1843) (BHC Act) and Regulation Y (12 collection on the respondents, including The companies listed in this notice CFR Part 225) to engage de novo, or to through the use of information have applied to the Board for approval, acquire or control voting securities or technology. pursuant to the Bank Holding Company assets of a company, including the Dated: August 15, 2005. Act of 1956 (12 U.S.C. 1841 et seq.) companies listed below, that engages (BHC Act), Regulation Y (12 CFR Part Angela C. Arrington, either directly or through a subsidiary or 225), and all other applicable statutes Leader, Information Management Case other company, in a nonbanking activity and regulations to become a bank Services Team, Regulatory Information that is listed in § 225.28 of Regulation Y holding company and/or to acquire the Management Services, Office of the Chief (12 CFR 225.28) or that the Board has Information Officer. assets or the ownership of, control of, or the power to vote shares of a bank or determined by Order to be closely Office of Special Education and bank holding company and all of the related to banking and permissible for Rehabilitative Services banks and nonbanking companies bank holding companies. Unless Type of Review: Extension. owned by the bank holding company, otherwise noted, these activities will be Title: Annual Performance Reporting including the companies listed below. conducted throughout the United States. Forms for NIDRR Grantees (RERCs, The applications listed below, as well Each notice is available for inspection RRTCs, FIRs, ARRTs, DBTACs, DRRPs, as other related filings required by the at the Federal Reserve Bank indicated. MSs, D&Us). Board, are available for immediate The notice also will be available for Frequency: Annually. inspection at the Federal Reserve Bank inspection at the offices of the Board of Affected Public: Not-for-profit indicated. The application also will be Governors. Interested persons may institutions. available for inspection at the offices of Reporting and Recordkeeping Hour express their views in writing on the the Board of Governors. Interested question whether the proposal complies Burden: persons may express their views in with the standards of section 4 of the Responses: 279. writing on the standards enumerated in BHC Act. Additional information on all Burden Hours: 4,464. the BHC Act (12 U.S.C. 1842(c)). If the Abstract: Information collection to proposal also involves the acquisition of bank holding companies may be obtain annual program and performance a nonbanking company, the review also obtained from the National Information data from NIDRR grantees on their includes whether the acquisition of the Center website at www.ffiec.gov/nic/. project activities. The information nonbanking company complies with the Unless otherwise noted, comments collected will be used for monitoring standards in section 4 of the BHC Act regarding the applications must be grantees and for NIDRR program (12 U.S.C. 1843). Unless otherwise received at the Reserve Bank indicated planning, budget development and noted, nonbanking activities will be or the offices of the Board of Governors reporting on Government Performance conducted throughout the United States. and Results Act (GPRA) indicators. not later than September 1, 2005. Additional information on all bank Requests for copies of the proposed A. Federal Reserve Bank of New holding companies may be obtained information collection request may be York (Jay Bernstein, Bank Supervision from the National Information Center accessed from http://edicsweb.ed.gov, Officer) 33 Liberty Street, New York, website at www.ffiec.gov/nic/. by selecting the ‘‘Browse Pending Unless otherwise noted, comments New York 10045-0001: Collections’’ link and by clicking on regarding each of these applications 1. HSH Nordbank AG, Hamburg, link number 2836. When you access the must be received at the Reserve Bank Germany and WestLB, AG, Dusseldorf, information collection, click on indicated or the offices of the Board of Germany; to engage de novo through its ‘‘Download Attachments’’ to view. Governors not later than September 12, subsidiary, BoA Nevada Lending LLP, Written requests for information should 2005. Las Vegas, Nevada, a joint venture be addressed to U.S. Department of A. Federal Reserve Bank of Cleveland Education, 400 Maryland Avenue, SW., investment, in extending credit and (Cindy West, Manager) 1455 East Sixth servicing loans, pursuant to Section Potomac Center, 9th Floor, Washington, Street, Cleveland, Ohio 44101-2566: DC 20202–4700. Requests may also be 4(c)(8) of the BHC Act and Sections 1. Sky Financial Group, Inc.,Bowling 225.28(b)(1) of Regulation Y. electronically mailed to the Internet Green, Ohio; to acquire 100 percent of _ address OCIO [email protected] or faxed to the voting shares of Falls Bank, Stow, Board of Governors of the Federal Reserve 202–245–6621. Please specify the Ohio, and Falls Interim Savings Bank, System, August 12, 2005. complete title of the information Bowling Green, Ohio. Jennifer J. Johnson, collection when making your request. Comments regarding burden and/or Board of Governors of the Federal Reserve Secretary of the Board. the collection activity requirements System, August 12, 2005. [FR Doc.05–16355 Filed 8–17–05; 8:45 am] should be directed to Sheila Carey at her Jennifer J. Johnson, BILLING CODE 6210–01–S e-mail address [email protected]. Secretary of the Board. Individuals who use a [FR Doc. 05–16354 Filed 8–17–05; 8:45 am] telecommunications device for the deaf BILLING CODE 6210–01–S

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DEPARTMENT OF HEALTH AND Affected Public: State, local, or tribal requests, call the CDC Reports Clearance HUMAN SERVICES governments, Federal government, Officer at (404) 371–5983 or send an e- business or other for-profit, not-for- mail to [email protected]. Send written Office of the Secretary profit institutions; and individuals or comments to CDC Desk Officer, Office of [Document Identifier: OS–0990–0260] households; Management and Budget, Washington, Annual Number of Respondents: DC via fax to (202) 395–6974. Written Agency Information Collection 5,000; comments should be received within 30 Activities: Proposed Collection; Total Annual Responses: 446,334; days of this notice. Comment Request Average Burden Per Response: 2.5 hours; Proposed Project Agency: Office of the Secretary, HHS. Total Annual Hours: 1,105,834. In compliance with the requirement To obtain copies of the supporting An Evaluation Survey on the Use and of section 3506(c)(2)(A) of the statement and any related forms for the Effectiveness of Internet SAMMEC, Paperwork Reduction Act of 1995, the proposed paperwork collections (0920–0624)—Revision—National Office of the Secretary (OS), Department referenced above, access the HHS Web Center for Chronic Disease Prevention of Health and Human Services, is site address at http://www.hhs.gov/ and Health Promotion (NCCDPHP), publishing the following summary of oirm/infocollect/pending/ or e-mail your Centers for Disease Control and proposed collections for public request, including your address, phone Prevention (CDC). comment. Interested persons are invited number, OMB number, and OS Since 1987, CDC has used the to send comments regarding this burden document identifier, to Smoking-Attributable Mortality, estimate or any other aspect of this [email protected] , or call the Morbidity, and Economic Costs collection of information, including any Reports Clearance Office on (202) 690– (SAMMEC) software to estimate the of the following subjects: (1) The 6162. Written comments and disease impact of smoking for the necessity and utility of the proposed recommendations for the proposed nation, states, and large populations. information collection for the proper information collections must be mailed The Internet version of the SAMMEC performance of the agency’s functions; within 30 days of this notice directly to software was released in 2002, and it (2) the accuracy of the estimated the Desk Officer at the address below: contains two distinct computational burden; (3) ways to enhance the quality, OMB Desk Officer: John Kraemer, OMB programs, Adult SAMMEC and utility, and clarity of the information to Human Resources and Housing Branch, Maternal and Child Health SAMMEC, be collected; and (4) the use of Attention: (OMB #0990–0260), New automated collection techniques or which can be used to estimate the Executive Office Building, Room 10235, adverse health outcomes and disease other forms of information technology to Washington DC 20503. minimize the information collection impact of smoking on adults and burden. Dated: August 8, 2005. infants. #1 Type of Information Collection Robert E. Polson, Since the release of Internet Request: Extension of Currently Office of the Secretary, Paperwork Reduction SAMMEC, more than 1,230 tobacco Approved Collection; Act Reports Clearance Officer. control professionals in the State health Title of Information Collection: [FR Doc. 05–16351 Filed 8–17–05; 8:45 am] departments and other tobacco control Protection of Human Subjects: Common BILLING CODE 4150–28–P institutions in the country have used Rule (56 FR 28003); SAMMEC to generate the data they need Form/OMB No.: OS–0990–0260; for their projects. Some of them have Use: The Common Rule (56 FR 28003) DEPARTMENT OF HEALTH AND provided comments and sent requests establishes Federal policy for the HUMAN SERVICES for assistance. Of those using SAMMEC, protection of human subjects in research 1,000 will be recruited for each of the that is conducted or supported by Centers for Disease Control and 2 surveys planned over a three year Federal departments or agencies that are Prevention period. Therefore, an average of 667 signatories to the Common Rule. The [30Day–05–0624] respondents will complete the survey 1991 Common Rule requires institutions annually. engaged in research which is covered by Proposed Data Collections Submitted The purpose of this survey is to the Federal policy to establish for Public Comment and evaluate the use and effectiveness of the procedures to report, disclose and Recommendations maintain required information SAMMEC software and identify ways to including information regarding the The Centers for Disease Control and improve the system so that it will better informed consent of research subjects Prevention (CDC) publishes a list of meet the needs of the users in tobacco and an institution’s assurance of the information collection requests under control and prevention. There are no establishment of an Institutional Review review by the Office of Management and costs to the respondents except for their Board. Budget (OMB) in compliance with the time in completing the questionnaire. Frequency: Recordkeeping, Reporting Paperwork Reduction Act (44 U.S.C. The estimated total annualized burden on occasion; Chapter 35). To request a copy of these is 167 hours.

ESTIMATED ANNUALIZED BURDEN HOURS

Average bur- No. of No. of re- den per Respondents respondents sponses per response respondent (in hrs.)

Tobacco Control Professionals/Internet SAMMEC Users ...... 667 1 15/60

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Dated: August 11, 2005. OMB No. 0920–0680—Revision— expected to lead to improved SARS Joan F. Karr, Division of Laboratory Systems, Center testing performance because Acting Reports Clearance Officer, Centers for for Health Information and Services participants have the opportunity to Disease Control and Prevention. (CoCHIS), Centers for Disease Control identify areas for improvement which [FR Doc. 05–16365 Filed 8–17–05; 8:45 am] and Prevention (CDC). will help to ensure accurate testing as a basis for development of SARS BILLING CODE 4163–18–P Background and Brief Description prevention and intervention strategies. To support our mission of improving This external quality assessment DEPARTMENT OF HEALTH AND public health and preventing disease program will be made available at no HUMAN SERVICES through continuously improving cost (for receipt of sample panels) to 54 laboratory practices, the Model state laboratories. This program will Centers for Disease Control and Performance Evaluation Program offer laboratories/testing sites Prevention (MPEP), Division of Public Health opportunities for: Partnerships, Coordinating Center for (1) assuring that the laboratories/ [30Day–05–0680] Health Information and Services, in testing sites are providing accurate tests collaboration with the Coordinating through external quality assessment, Proposed Data Collections Submitted Center for Infectious Diseases, Centers (2) improving testing quality through for Public Comment and for Disease Control and Prevention, self-evaluation in a nonregulatory Recommendations intends to provide a new SARS- environment, The Centers for Disease Control and associated Coronavirus testing Model (3) testing well characterized samples Prevention (CDC) publishes a list of Performance Evaluation Program (SARS from a source outside the test kit information collection requests under MPEP). This program will offer external manufacturer, review by the Office of Management and performance evaluation (PE) for SARS (4) discovering potential testing Budget (OMB) in compliance with the antibody (Ab) testing and SARS problems so that laboratories/testing Paperwork Reduction Act (44 U.S.C. Ribonucleic Acid (RNA) Reverse sites can adjust procedures to eliminate Chapter 35). To request a copy of these Transcriptase—Polymerase Chain them, requests, call the CDC Reports Clearance Reaction (RT–PCR) testing. A SARS (5) comparing individual laboratory/ Officer at (404) 371–5983 or send an e- outbreak or epidemic could recur at any testing site results to others at state mail to [email protected]. Send written time. Therefore, it is imperative that the level, and comments to CDC Desk Officer, Office of CDC ensure all state public health (6) consulting with CDC staff to Management and Budget, Washington, department laboratories, Laboratory discuss testing issues. DC or by fax to (202) 395–6974. Written Response Network laboratories and Participants in the MPEP SARS will comments should be received within 30 other laboratories designated by CDC be required to submit results twice a days of this notice. remain proficient in performing SARS year after testing mailed performance testing. For this reason, it is of critical evaluation samples. Proposed Project public health importance at this time, There are no costs to the respondents Model Performance Evaluation that the CDC develop and maintain a other than their time. The total Program (MPEP), Severe Acute performance evaluation program for estimated annualized burden hours are Respiratory Syndrome (SARS) MPEP SARS. Participation in PE programs is 18.

ESTIMATED ANNUALIZED BURDEN HOURS

Average bur- No. of Frequency of den per Form name respondents responses response (in hours)

SARS Testing Results Booklet ...... 54 2 10/60

Dated: August 11, 2005. DEPARTMENT OF HEALTH AND request more information on the Joan F. Karr, HUMAN SERVICES proposed projects or to obtain a copy of Acting Reports Clearance Officer, Centers for the data collection plans and Disease Control and Prevention. Centers for Disease Control and instruments, call 404–371–5983 and Prevention [FR Doc. 05–16368 Filed 8–17–05; 8:45 am] send comments to Seleda Perryman, CDC Assistant Reports Clearance BILLING CODE 4163–18–P [60Day–05–05CS] Officer, 1600 Clifton Road, MS–D74, Proposed Data Collections Submitted Atlanta, GA 30333 or send an e-mail to for Public Comment and [email protected]. Recommendations Comments are invited on: (a) Whether the proposed collection of information In compliance with the requirement is necessary for the proper performance of Section 3506(c)(2)(A) of the of the functions of the agency, including Paperwork Reduction Act of 1995 for whether the information shall have opportunity for public comment on practical utility; (b) the accuracy of the proposed data collection projects, the agency’s estimate of the burden of the Centers for Disease Control and proposed collection of information; (c) Prevention (CDC) will publish periodic ways to enhance the quality, utility, and summaries of proposed projects. To clarity of the information to be

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collected; and (d) ways to minimize the sexual risk behavior as a result of a months a follow-up assessment will be burden of the collection of information brief, nurse-delivered prevention conducted to compare behavior change. on respondents, including through the intervention adapted for use with HIV- Six months after the intervention group use of automated collection techniques infected women in the South. The has been provided the intervention and or other forms of information project will also conduct in-depth follow-up, women in the comparison technology. Written comments should qualitative interviews of young, recently group will receive the intervention. The be received within 60 days of this HIV-infected women to assess social assessments will capture information on notice. and environmental factors that demographics, risk behaviors, attitudes, contribute to behavioral risk for HIV and knowledge related to HIV/STD Proposed Project infection. The project addresses goals of transmission and prevention. Semi- Nurse-Delivered Risk Reduction the CDC HIV Prevention Strategic Plan, structured qualitative interviews will be Intervention for HIV–Infected Women- specifically the goal of increasing the conducted with a subgroup of 25–30 New-National Center for HIV, STD, and number of HIV-infected persons who are young, recently-diagnosed participants TB Prevention (NCHSTP), Centers for linked to appropriate prevention, care, following their participation in the Disease Control and Prevention (CDC). and treatment services. In addition, intervention study. These interviews Background and Brief Description: information from this research will will explore behavioral, social, and CDC is requesting a 3-year approval inform future prevention interventions contextual conditions that may have from the Office of Management and that encompass individual and contributed to the women’s risk for HIV Budget (OMB) to administer a contextual factors. infection and ideas about preventing questionnaire and a one-on-one Approximately 550 women will be other women from becoming infected. qualitative interview to HIV-infected screened for eligibility to participate in The two behavioral assessments will women in the southern United States the study, and a minimum of 330 take about 1 hour each to complete, the who are at risk for further transmission women from one or two sites will be nurse-delivered intervention will take of the disease. This study is designed to recruited and administered baseline and about 1 hour to complete, and the adapt and evaluate an HIV transmission follow-up behavioral risk assessments in qualitative interviews will take about 2 prevention intervention for the growing a randomized wait-list comparison hours to complete. The screening population of HIV-infected women in design with a 6-month follow-up period. interview will take about 10 minutes to the South and to study factors That is, the intervention and complete. There is no cost to associated with risk among women. The comparison group will complete an respondents other than the time it takes primary outcome will be a reduction in assessment at the baseline and in 6 them to participate.

ESTIMATE OF ANNUALIZED BURDEN TABLE

Number of re- Burden per Respondents Number of sponses per response Total burden respondents respondent (in hours) (in hours)

Women—screening interview ...... 550 1 10/60 92 Women—assessment interviews ...... 330 2 1 660 Women—intervention ...... 330 1 1 330 Women—qualitative interviews ...... 30 1 2 60

Total ...... 1142

Dated: August 11, 2005. Prevention (CDC) will publish periodic use of automated collection techniques Joan F. Karr, summaries of proposed projects. To or other forms of information Acting Reports Clearance Officer, Centers for request more information on the technology. Written comments should Disease Control and Prevention. proposed projects or to obtain a copy of be received within 60 days of this [FR Doc. 05–16369 Filed 8–17–05; 8:45 am] the data collection plans and notice. BILLING CODE 4163–18–P instruments, call 404–371–5983 and Proposed Project send comments to Seleda Perryman, CDC Assistant Reports Clearance Adult and Pediatric HIV/AIDS DEPARTMENT OF HEALTH AND Officer, 1600 Clifton Road, MS–D74, Confidential Case Reports (OMB Control HUMAN SERVICES Atlanta, GA 30333 or send an e-mail to No. 0920–0573)—Revision-National [email protected]. Center for HIV, STD, and TB Prevention Centers for Disease Control and (NCHSTP), Divisions of HIV/AIDS Prevention Comments are invited on: (a) Whether Prevention, Centers for Disease Control the proposed collection of information and Prevention (CDC). [60Day–05–0573] is necessary for the proper performance Background and Brief Description Proposed Data Collections Submitted of the functions of the agency, including for Public Comment and whether the information shall have CDC is seeking a 3-year approval from Recommendations practical utility; (b) the accuracy of the the Office of Management and Budget agency’s estimate of the burden of the (OMB) to continue data collection of the In compliance with the requirement proposed collection of information; (c) HIV/AIDS case reports. CDC is of Section 3506(c)(2)(A) of the ways to enhance the quality, utility, and proposing to collect additional data on Paperwork Reduction Act of 1995 for clarity of the information to be testing history for improved monitoring opportunity for public comment on collected; and (d) ways to minimize the of HIV incidence (HIV testing history proposed data collection projects, the burden of the collection of information pre-test and post-test data collection Centers for Disease Control and on respondents, including through the forms), on specimen quality and

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sequence information for drug government funding have been allocated algorithm for recent HIV seroconversion resistance and HIV–1 subtype to address all aspects of HIV infection, (STARHS) allows surveillance systems surveillance. including prevention and treatment. to determine how many among a group The National Adult and Pediatric HIV/AIDS surveillance data are widely of new diagnoses are from new HIV/AIDS Confidential Case Reports are used at all government levels to assess infections. In order to derive a collected as part of the HIV/AIDS the impact of HIV infection on population-based estimate of HIV Surveillance System. CDC in morbidity and mortality, to allocate incidence based on data from those collaboration with health departments medical care resources and services, and individuals who choose to have an HIV in the states, territories, and the District to guide prevention and disease control antibody test and who test positive of Columbia, conducts national activities. (those reported to HIV surveillance surveillance for cases of HIV infection HIV/AIDS reports are sent to state/ systems), additional data are needed to and AIDS, the end-stage of disease local health departments by assign statistical weights to individual caused by infection with HIV. HIV/AIDS laboratories, physicians, hospitals, STARHS results. These additional data surveillance data collection by CDC is clinics, and other health care providers include information on individual’s authorized under Sections 301 and 306 using standard adult and pediatric case reason for testing, the frequency with of the Public Health Service Act (42 report forms. Areas use a which he/she tests, place where he/she U.S.C. 241 and 242k). microcomputer system developed by was tested, when he/she was most Currently, 59 areas (states/territories/ CDC (the HIV/AIDS Reporting System, recently tested, when he/she was first possessions) mandate and collect AIDS HARS) to store and analyze data, as well tested, whether he/she has ever tested surveillance data. In addition, 43 areas as transmit encrypted data to CDC. A negative, and questions regarding use of currently mandate and collect Public Health Information Network HIV-related medicines. confidential name-based surveillance (PHIN) compliant HIV reporting system The table also includes burden data on HIV cases which have not is currently in development and is estimates of additional information on progressed to AIDS in adults/ scheduled to replace HARS by 2007. specimen quality and genotyping test adolescents and/or children using the This request to OMB includes one results for drug resistance and HIV–1 HIV case report forms. We anticipate modification to both the Adult/ subtypes as part of variant, atypical and that over the next 3 years additional Adolescent and Pediatric HIV/AIDS resistant HIV surveillance (VARHS). areas will mandate collection of name- confidential case report forms. The These data will be reported to CDC by based HIV surveillance data. Therefore, forms to be used during this period will participating health departments for the the estimated burden for the next 3 include an additional blank space in the purpose of calculating population-based years is based on HIV case reporting in top and bottom portions of the forms. estimates of prevalence of HIV drug 59 areas. Respondents in this data Areas could then have the option of resistance and HIV–1 subtypes among collection are state, local, and territorial using this space to assign a form individuals with newly diagnosed HIV. health departments. The purpose of number. This form number would be for These data are provided routinely by the HIV/AIDS surveillance data is to local use only and not be reported to testing laboratory to health departments monitor trends in HIV/AIDS and CDC. requiring no additional data collection describe the characteristics of infected The burden estimate for this renewal form. persons (e.g., demographics, modes of includes estimated burden for No other Federal agency collects this exposure to HIV, clinical and laboratory evaluations of HIV/AIDS surveillance type of national HIV/AIDS data. In markers of HIV disease, manifestations based on these forms. In addition, the addition to providing technical of severe HIV disease, and deaths due to burden estimate also includes forms that assistance for use of the case report AIDS). Because HIV infection results in will be used to collect additional data forms, CDC also provides reporting untimely death and most often infects on testing history for the purpose of areas with technical support for the younger adults in the prime years of life, estimating HIV incidence. The HARS software. There is no cost to large amounts of federal, state, and local availability of a serologic testing respondents other than their time.

ESTIMATE OF ANNUALIZED BURDEN TABLE

Burden per re- Form Number of Number of sponse (in Total burden respondents responses hours) (in hours)

Adult Case Report: AIDS ...... 59 814 10/60 8,004 Adult Case Report: HIV ...... 59 809 10/60 7,955 Peds Case Report: AIDS ...... 59 2 10/60 20 Peds Case Report: HIV ...... 59 9 10/60 89 HIV Testing History Form Pre-test version ...... 6 1,577 2/60 315 HIV Testing History Form Post-test version ...... 24 1,577 2/60 1,262 VARHS ...... 24 1,577 0.5/60 315

Total ...... 17,960

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Dated: August 11, 2005. (UNICEF) and other donors, the students, their families and community Joan F. Karr, Rwandan Ministry of Education members. Prior to offering confidential Acting Reports Clearance Officer, Centers for (MINEDUC) has recently completed the CT at secondary schools, community Disease Control and Prevention. development of primary- and preparation campaigns in school [FR Doc. 05–16370 Filed 8–17–05; 8:45 am] secondary-school curricula that catchment areas will foster acceptance BILLING CODE 4163–18–P integrate HIV/AIDS and life-skills of community- and youth-centered lessons at each level of instruction. The confidential CT, and for people living Rwandan National Curriculum with HIV/AIDS (PLWHA). DEPARTMENT OF HEALTH AND Development Center has approved the Both a ‘‘prevention for negatives’’ HUMAN SERVICES curricula and incorporated them into component and linkages to the national the training modules at Rwanda’s care and treatment program for HIV Centers for Disease Control and teacher training colleges (TTC). The new infected persons will facilitate Prevention textbooks will be distributed to schools appropriate follow-up for all individuals in the near future. This is a valuable tested through the initiative. Age- Technical Assistance to Rwandan first step in ensuring that all students in appropriate information, Education, and Healthy Schools Initiative Rwanda have an adequate knowledge Communication (IEC) materials that Announcement Type: New. base appropriate to their stage of emphasize behavior change will go out Funding Opportunity Number: CDC– physical, intellectual, and emotional to all individuals who test negative in RFA–AA105. development, with respect to HIV/AIDS an effort to encourage abstinence and Catalog of Federal Domestic prevention. faithfulness as the best means of Assistance Number: 93.067. Purpose: As part of the President’s prevention. The program will forge Key Dates: Application Deadline: Emergency Plan for AIDS Relief, HHS linkages with the Rwandan national September 12, 2005. announces the availability of Fiscal Year care and treatment program to ensure (FY) 2005 funds for technical assistance access to care and treatment for I. Funding Opportunity Description to Rwanda’s MINEDUC in launching a individuals who test positive. pilot initiative to develop secondary Specifically, local referrals to clinics Authority: This program is authorized schools into community resources for providing care and treatment to HIV under Sections 301(a) and 307 of the Public confidential CT and the prevention of infected individuals, and anti-retroviral Health Service Act [42 U.S.C. 241 and 242l], HIV/AIDS. The initiative, tentatively therapy (ART) to those who are eligible, as amended, and under Public Law 108–25 (United States Leadership Against HIV/AIDS, named the Healthy Schools Initiative, will be provided to any individual who Tuberculosis and Malaria Act of 2003) will take in two main interventions: (1) tests positive for HIV at any testing site. [U.S.C. 7601]. School-based, community, confidential In addition, educational materials on CT offered via mobile testing units to HIV, ARTs, and strategies for reducing Background: Data from the 2000 secondary-school students, their parents transmission of HIV will be provided to Behavioral Surveillance Survey in and teachers, and surrounding individuals testing positive. Rwanda suggests that in-school youth communities; and (2) an innovative, Given that Rwandan law and are more likely to engage in early sexual age-appropriate prevention/behavior government policy currently require activity than out-of-school youth, which change campaign to focus on abstinence parental consent for the testing of youth makes secondary schools a natural and and parent-child communication. The under the age of 18, it is crucial that the important focus for age-appropriate grantee, to be selected on a competitive program develop appropriate linkages prevention and confidential, voluntary basis, will be responsible for between the initiative’s prevention and counseling and testing (CT) activities. In collaborating closely with MINEDUC, confidential CT interventions to addition, behavior change messages or HHS, the U.S. Agency for International engender parental support for youth CT. CT services have not yet systematically Development (USAID), and other local Such linkages might include the reached secondary-school students in agencies to ensure the successful integration of a module on confidential Rwanda; while science lessons at the planning, coordination, implementation CT into the parent-child communication secondary level in Rwanda generally and monitoring of the initiative. curriculum, extracurricular sensitization cover HIV/AIDS-related subject matter, activities with parents about the content and presentation vary from Intervention 1: Counseling and Testing importance of knowing one’s serostatus school to school. Under the Healthy Schools Initiative, at any age, or national advocacy At present, confidential CT services in HHS will introduce free, confidential activities coordinated with MINEDUC’s Rwanda are restricted primarily to mobile HIV testing to secondary schools HIV/AIDS unit. health facilities, with limited through a culturally appropriate public availability in non-clinical settings. campaign to target teachers, upper level Intervention 2: Prevention Schools have great potential to function secondary-school students, their As part of the President’s Emergency as community resource centers for HIV/ families and community members. Plan, HHS seeks to build on MINEDUC’s AIDS, particularly in those cases where, Building on the enthusiasm expressed achievements in developing primary for multiple reasons, individuals are not by the Rwandan Minister of Education and secondary HIV curricula by presenting themselves for HIV testing at about a sector-wide confidential CT introducing a culturally and age- hospitals or health centers. When it has campaign, the mobile testing appropriate competence-based behavior- been used, mobile, confidential CT has intervention will roll out in a top-down change curriculum to emphasize proven to be a very effective approach fashion, by starting with public HIV abstinence and parent-child in Rwanda; single-day testing tests for the Minister and other communication about HIV/AIDS. The campaigns have yielded as many as MINEDUC officials and then branching curriculum will be founded on the 12,000 persons tested. out to secondary schools through Free conviction that the key to behavior With assistance from the World Bank, CT days. Free CT days will involve change lies in: (1) The delivery of the United Kingdom, Department for dispatching a mobile CT unit to innovative, age- and culturally International Development (DFID), the secondary schools to provide free, appropriate messages about HIV/AIDS United Nations Children’s Fund confidential testing for teachers, behavior change; (2) the continual

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reinforcement of these messages by MINEDUC will consult with TRAC’s prevention programs that promote teachers, peers and parents to develop a care and treatment unit on the creation abstinence: 20,250. new set of social norms; and (3) the of linkages between the CT component • Number of individuals (teacher- development and regular application of and the Rwandan national care and trainers, teachers or peer educators) core competencies, in-school and out-of- treatment program, as well as on the trained to deliver culturally and age- school, through activities to emphasize development of reference materials for appropriate HIV/AIDS prevention accountability to self, peers, parents and individuals who test positive. programs that promote abstinence: teachers. The program will supplement Secondary-school teacher-trainers and 1,150. a behavior change curriculum, focusing peer educators will be key actors in the HHS Measurable outcomes of the on parent-child communication, with execution and delivery of the program will be in alignment with one extra-curricular activities that aim to prevention and CT interventions. They (or more) of the following performance build a culture of solidarity among will be chiefly responsible for goal(s) for the National Center for HIV, students with respect to HIV prevention communicating and reinforcing the STD, and TB Prevention (NCHSTP): and behavior change. The program will culturally and age-appropriate behavior Reduce the percentage of HIV/AIDS- design, plan and execute extra- change messages; assisting students and related risk behaviors among school- curricular activities in collaboration parents in building core competencies aged youth through dissemination of with anti-AIDS clubs,1 and will (independent decision-making, HIV prevention education programs maximize student involvement through abstinence negotiation, effective and, by 2010, work with other countries, peer education, school-wide communication); and soliciting international organizations, the U.S. competitions and other activities with involvement of students and parents in Department of State, United States broad appeal. extra-curricular activities relating to Agency for International Development Key actors: The MINEDUC HIV/AIDS prevention and CT. The technical (USAID), and other partners to achieve Unit is responsible for coordinating all assistance provider will orient and train the United Nations General Assembly HIV/AIDS-related interventions in the teacher-trainers in local languages in the Special Session on HIV/AIDS goal of education sector in Rwanda, whether delivery of the behavior change reducing prevalence among persons 15 executed by non-governmental curriculum and train peer educators to 24 years of age. Background: President Bush’s organizations (NGOs), international from anti-AIDS clubs to develop their Emergency Plan for AIDS Relief has organizations or other partners, in skills as school and community called for immediate, comprehensive accordance with national HIV/AIDS advocates for behavior change and CT. policy. The Unit is also responsible for and evidence-based action to turn the Geographic coverage: In Year 1, the tide of global HIV/AIDS. The initiative supervising and monitoring these initiative will target secondary schools interventions. The grantee will work aims to treat more than two million in two provinces, Kigali City and HIV-infected people with effective with the HIV/AIDS Unit to plan, Gitarama. In collaboration with TRAC, coordinate, and monitor the Initiative. combination anti-retroviral therapy by HHS and the MINEDUC HIV/AIDS unit, HHS will be directly implementing 2008; care for ten million HIV-infected the grantee will determine how many the confidential CT component of the and affected persons, including those Healthy Schools Initiative: purchasing a and which schools/districts need to be orphaned by HIV/AIDS, by 2008; and mobile CT unit, test kits and client targeted in each province to meet needs prevent seven million infections by resource materials; providing fuel and and achieve targets. If Year 1 activities 2010, with a focus on 15 priority per diem for mobile, confidential CT; are successful during the annual review countries, including 12 in sub-Saharan and hiring and housing local of country operational plans for the Africa. The five-year strategy for the confidential CT project staff within the President’s Emergency Plan managed by Emergency Plan is available at the HHS-Rwanda office. The grantee’s the Office of the Global AIDS following Internet address: http:// involvement with the CT component Coordinator, based on the achievement www.state.gov/s/gac/rl/or/c11652.htm. will focus primarily on integrating of milestones developed jointly by HHS, Over the same time period, as part of awareness of confidential CT into the MINEDUC and the grantee, the initiative a collective national response, the behavior-change curriculum through the will extend to additional provinces over Emergency Plan goals specific to development of a confidential CT the course of four years, with the Rwanda are to treat at least 50,000 HIV- module to target students and parents. ultimate goal of reaching all provinces infected individuals and care for The grantee will also work with HHS by the end of FY2009. 250,000 HIV-affected individuals, and USAID to harmonize deployment of Targets: The CT intervention, including orphans. the prevention and confidential CT expected to require more start-up time This announcement is only for non- components. than the prevention intervention, will research activities supported by HHS. If The Treatment and Research AIDS rollout at no fewer than ten secondary applicant proposes research, we will not Center (TRAC) is the agency responsible schools in Year 1. The program has the review the application. For the for ensuring the quality of HIV CT following targets for CT: definition of research, please see the services throughout Rwanda. The • Number of individuals trained in HHS/CDC web site at the following grantee will work with HHS and TRAC’s providing CT: Five Internet address: http://www.cdc.gov/ voluntary counseling and testing (VCT) • Number of individuals who receive od/ads/opspoll1.htm. unit to organize and execute the mobile CT: 2,750 Activities: The recipient of these CT intervention in a manner that • Number of service outlets (schools) funds is responsible for activities in complies fully with Rwandan national that provide CT: Ten multiple program areas designed to norms and standards. HHS and the The prevention intervention will target underserved populations in rollout at no fewer than 30 secondary Rwanda. Either the awardee will 1 Since 1998, anti-AIDS clubs have been schools in Year 1. The following targets implement activities directly or will established in all secondary schools and have been set for prevention: implement them through its subgrantees institutions of higher learning in Rwanda, but many • remain inactive because of lack of materials and Number of individuals reached and/or subcontractors; the awardee will proper guidance (official MINEDUC Web site: through culturally and age-appropriate retain overall financial and www.mineduc.gov.rw). (school/community) outreach HIV/AIDS programmatic management under the

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oversight of HHS/CDC and the strategic activities at secondary schools and will HHS-Rwanda office (this unit will direction of the Office of the U.S. Global report to the MINEDUC HIV/AIDS unit consist of two youth counselor/trainers AIDS Coordinator. The awardee must on a monthly basis. and one community mobilizer/trainer). show a measurable progressive Counseling and Testing: 3. Design and execution of two-day reinforcement of the capacity of 1. Develop materials for distribution community preparation campaigns in indigenous organizations and local by health educators during Free CT local languages in ten communities communities to respond to the national days: within Kigali City and Gitarama HIV epidemic, as well as progress a. IEC materials promoting behavior province (to target school administrators towards the sustainability of activities. change (individuals who test negative). and teachers, local government officials Applicants should describe activities b. Reference materials on care and and community leaders). in detail as part of a four-year action treatment options in Rwanda 4. Recruitment and training of six plan (U.S. Government Fiscal Years (individuals who test positive). volunteer community mobilizers and 2005–2008 inclusive) that reflects the 2. Collaborate with HHS, MINEDUC ten volunteer youth counselors. policies and goals outlined in the five- HIV/AIDS unit and TRAC to develop a 5. Procurement of a mobile CT year strategy for the President’s mobile CT plan: vehicle, test kits, and CT equipment and Emergency Plan. a. Develop a community preparation supplies. The awardee will produce an annual plan for schools and catchment areas. 6. Implementation of a pilot mobile operational plan in the context of this b. Schedule and plan Free CT days at CT campaign to target teachers, upper four-year plan, which the U.S. MINEDUC and ten target schools. secondary-school students and c. Estimate test kits, fuel and staff Government Emergency Plan team on community members in ten needed. communities within Kigali City and the ground in Rwanda will review as d. Identify and train staff needed for Gitarama province (provision of part of the annual Emergency Plan for community preparation campaign and counseling and testing services to at AIDS Relief Country Operational Plan provide CT. review and approval process managed 3. Initiate school- and community- least 5,000 individuals). The grantee’s involvement with the by the Office of the U.S. Global AIDS based CT preparation campaign via anti- CT component will focus primarily on Coordinator. The awardee may work on AIDS clubs and health educators in integrating awareness of CT into the some of the activities listed below in the catchment areas. first year and in subsequent years, and Prevention: culturally and age-appropriate behavior then progressively add others from the 1. Design/adapt a competence-based change curriculum through the list to achieve all of the Emergency Plan culturally and age-appropriate behavior development of a CT module targeting performance goals, as cited in the change curriculum in local languages students and parents. The grantee will previous section. HHS/CDC, under the for secondary-school students that also work with HHS to harmonize guidance of the U.S. Global AIDS focuses on abstinence and parent-child deployment of the prevention and CT Coordinator, will approve funds for communication about HIV, including components. activities on an annual basis, based on CT. Administration: Comply with all HHS documented performance toward 2. Identify a cohort of teachers to management requirements for meeting achieving Emergency Plan goals, as part serve as teacher-trainers, responsible for participation and progress and financial of the annual Emergency Plan for AIDS training all teachers at participating reporting for this cooperative agreement. Relief Country Operational Plan review schools in the behavior change (See HHS Activities and Reporting and approval process. curriculum. sections below for details.) Comply with Awardee activities for this program 3. Train teacher-trainers in the all policy directives established by the are as follows: delivery of the behavior change Office of the U.S. Global AIDS 1. Work closely with key partners and curriculum; ensure periodic supervision Coordinator. stakeholders in Rwanda, including the of: In a cooperative agreement, HHS staff MINEDUC HIV/AIDS unit, TRAC, and a. Training for teachers and peer is substantially involved in the program HHS, to develop an implementation educators. activities, above and beyond routine plan for the pilot phase of the initiative. b. Delivery of curriculum to students grant monitoring. This will require: and parents. HHS Activities for this program are as a. Identifying which schools/districts 4. Assist MINEDUC in awarding small follows: will participate in the CT and grants to anti-AIDS clubs for extra- 1. Organize an orientation meeting prevention interventions. curricular activities linked to abstinence with the grantee to brief them on b. Determining the scope of work of and behavior change. applicable U.S. Government, HHS, and each of the actors (school inspectors, In a cooperative agreement, HHS staff Emergency Plan expectations, teacher-trainers, teachers, peer is substantially involved in the program regulations and key management educators) involved in the prevention activities, above and beyond routine requirements, as well as report formats intervention. grant monitoring. and contents. The orientation could c. Determining the scope of work of HHS-Rwanda will be directly include meetings with staff from HHS each of the actors, TRAC, health managing and implementing the mobile agencies and the Office of the U.S. educators, anti-AIDS clubs, involved in CT component of the Healthy Schools Global AIDS Coordinator. the promotion and execution of the CT Initiative. Principal activities to be 2. Review and approve the process intervention. carried out by HHS-Rwanda include the used by the grantee to select key d. Developing a detailed work plan following: personnel and/or post-award complete with interventions, milestones 1. Design and printing of resource subcontractors and/or subgrantees to be and a timeline for achieving prevention materials for CT clients (i.e., IEC involved in the activities performed and CT targets. pamphlets, care and treatment referral under this agreement, as part of the 2. Hire a local unit to manage the guides, prevention for positives Emergency Plan for AIDS Relief Country initiative. This unit will be responsible guidance). Operational Plan review and approval for the day-to-day implementation and 2. Hiring and placement of a local process, managed by the Office of the management of CT and prevention mobile CT management unit within the U.S. Global AIDS Coordinator.

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3. Review and approve grantee’s 12-month budget period, and includes III.2. Cost Sharing or Matching Funds annual work plan and detailed budget, direct costs.) Matching funds are not required for Floor of Award Range: $600,000. as part of the Emergency Plan for AIDS this program. Although matching funds Ceiling of Award Range: $600,000 Relief Country Operational Plan review are not required, preference will go to (This ceiling is for the first 12-month and approval process, managed by the organizations that can leverage budget period.) Office of the U.S. Global AIDS additional funds to contribute to Anticipated Award Date: September Coordinator. program goals. 4. Review and approve grantee’s 15, 2005. monitoring and evaluation plan, Budget Period Length: 12 months. III.3. Other including for compliance with the Project Period Length: Four years. If you request a funding amount Throughout the project period, HHS’ strategic information guidance greater than the ceiling of the award commitment to continuation of awards established by the Office of the U.S. range, HHS will consider your will be conditioned on the availability Global AIDS Coordinator. application non-responsive, and it will 5. Meet on a monthly basis with of funds, evidence of satisfactory not enter into the review process. We grantee to assess monthly expenditures progress by the recipient (as will notify you that your application did in relation to approved work plan and documented in required reports), and not meet the submission requirements. modify plans as necessary. the determination that continued Special Requirements: If your 6. Meet on a quarterly basis with funding is in the best interest of the application is incomplete or non- grantee to assess quarterly technical and Federal Government, through the responsive to the special requirements financial progress reports and modify Emergency Plan for AIDS Relief review listed in this section, it will not enter plans as necessary. and approval process for Country into the review process. We will notify 7. Meet on an annual basis with Operational Plans, managed by the you that your application did not meet grantee to review annual progress report Office of the U.S. Global AIDS submission requirements. for each U.S. Government Fiscal Year, Coordinator. • and to review annual work plans and HHS/CDC will consider late budgets for subsequent year, as part of III. Eligibility Information applications non-responsive. See the Emergency Plan for AIDS Relief III.1. Eligible applicants section ‘‘IV.3. Submission Dates and review and approval process for Times’’ for more information on Domestic or foreign public, private Country Operational Plans, managed by deadlines. nonprofit, and for profit organizations • the Office of the U.S. Global AIDS Applications must demonstrate an may submit applications, such as: Coordinator. overall match between the applicant’s • Public, non-profit organizations 8. Provide technical assistance, as vision and experience and the program • Private, non-profit organizations mutually agreed upon, and revise priorities as described. • For-profit organizations annually during validation of the first • Applications must demonstrate that • Small, minority, women-owned and subsequent annual work plans. This the applicant is capable of building businesses could include expert technical effective and well-defined working • Universities assistance and targeted training relationships with local governmental • Colleges activities in specialized areas, such as and non-governmental entities, which • Research institutions strategic information, project • will help ensure successful Hospitals implementation of the proposed management, confidential counseling • Community-based organizations and testing, palliative care, treatment • activities. Faith-based organizations • Eligibility should be documented literacy, and adult learning techniques. • Federally recognized Indian tribal 9. Provide in-country administrative through an institutional capacity governments statement and letters of commitment support to help grantee meet U.S. • Indian tribes Government financial and reporting • from key project staff (to be included in Indian tribal organizations an appendix to the application). requirements. • State and local governments or their • Note: Title 2 of the United States Bona Fide Agents (this includes the Please note: Either HHS staff or staff from Code Section 1611 states that an District of Columbia, the organizations that have successfully organization described in Section Commonwealth of Puerto Rico, the competed for funding under a separate HHS 501(c)(4) of the Internal Revenue Code contract, cooperative agreement or grant will Virgin Islands, the Commonwealth of that engages in lobbying activities is not provide technical assistance and training. the Northern Marianna Islands, eligible to receive Federal funds American Samoa, Guam, the Federated constituting an award, grant, or loan. II. Award Information States of Micronesia, the Republic of the Type of Award: Cooperative Marshall Islands, and the Republic of IV. Application and Submission Agreement. HHS involvement in this Palau) Information • Political subdivisions of States (in program is listed in the Activities IV.1. Address to Request Application consultation with States) Section above. Package Fiscal Year Funds: 2005. A Bona Fide Agent is an agency/ Approximate Total Funding: $600,000 organization identified by the state as To apply for this funding opportunity (This amount is an estimate for the first eligible to submit an application under use application form PHS 5161–1. 12-month budget period, and is subject the state eligibility in lieu of a state Electronic Submission: HHS strongly to availability of funds; it is anticipated application. If applying as a bona fide encourages you to submit your to be increased progressively throughout agent of a state or local government, a application electronically by using the the life of the project.) letter from the state or local government forms and instructions posted for this Approximate Number of Awards: as documentation of the status is announcement on www.Grants.gov, the One. required. Place this documentation official Federal agency wide E-grant Approximate Average Award: behind the first page of the application Web site. Only applicants who apply $600,000 (This amount is for the first form. on-line are permitted to forego paper

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copy submission of all application • Job descriptions of proposed key commercial delivery service, you must forms. positions to be created for the activity ensure that the carrier will be able to Paper Submission: Application forms • Quality-Assurance, Monitoring- guarantee delivery by the closing date and instructions are available on the and-Evaluation, and Strategic- and time. If HHS/CDC receives the HHS/CDC Web site, at the following Information Forms submission after the closing date Internet address: http://www.cdc.gov/ • Applicant’s Corporate Capability because: (1) Carrier error, when the od/pgo/forminfo.htm. Statement carrier accepted the package with a If you do not have access to the • Letters of Support guarantee for delivery by the closing • Internet, or if you have difficulty Evidence of Legal Organizational date and time; or (2) significant weather accessing the forms on-line, contact the Structure delays or natural disasters, you will HHS/CDC Procurement and Grants You must have a Dun and Bradstreet have the opportunity to submit Office Technical Information Data Universal Numbering System documentation of the carrier’s Management Section (PGO–TIM) staff at (DUNS) number to apply for a grant or guarantee. If the documentation verifies 770–488–2700. We can mail application cooperative agreement from the Federal a carrier problem, HHS/CDC will forms to you. government. The DUNS number is a consider the submission as having been nine-digit identification number, which IV.2. Content and Form of Submission received by the deadline. uniquely identifies business entities. If you submit a hard copy application, Application: You must submit a Obtaining a DUNS number is easy, and HHS/CDC will not notify you upon project narrative with your application there is no charge. To obtain a DUNS receipt of the submission. If you have a forms. You must submit the narrative in number, access question about the receipt of the the following format: www.dunandbradstreet.com or call 1– application, first contact the carrier. If • Maximum number of pages: 30. If 866–705–5711. you still have a question, contact the your narrative exceeds the page limit, For more information, see the HHS/ PGO–TIM staff at (770) 488–2700. we will only review the first pages CDC web site at: http://www.cdc.gov/od/ Before calling, please wait two to three within the page limit. The budget and pgo/funding/grantmain.htm. days after the submission deadline. This justification will not count toward the If your application form does not have will allow time for us to process and log 30-page limit. a DUNS number field, please write your submissions. • Font size: 12 point unreduced DUNS number at the top of the first This announcement is the definitive • Double-spaced page of your application, and/or include guide on application content, • Paper size: 8.5 by 11 inches your DUNS number in your application submission address, and deadline. It • Page margin size: One inch cover letter. supersedes information provided in the • Printed only on one side of page Additional requirements that could application instructions. If your • Held together only by rubber bands require you to submit additional submission does not meet the deadline or metal clips; not bound in any other documentation with your application above, it will not be eligible for review, way. are listed in section ‘‘VI.2. and we will discard it. We will notify Your narrative should address Administrative and National Policy you that you did not meet the activities to be conducted over the Requirements.’’ submission requirements. entire project period, and must include IV.3. Submission Dates and Times the following items in the order listed: IV.4. Intergovernmental Review of 1. Goal and Objectives Application Deadline Date: Applications a. Provide a goal statement relating to September 12, 2005. Executive Order 12372 does not apply the project. Explanation of Deadlines: to this program. b. Enumerate measurable objectives Applications must be received in the by which to assess the success of your CDC Procurement and Grants Office by IV.5. Funding Restrictions program. 4 p.m. Eastern Time on the deadline Restrictions, which you must take 2. Plan of Action/Methods date. into account while writing your budget, a. Detail how your organization will You may submit you application are as follows: achieve the stated goals and objectives. electronically at www.grants.gov. We • Funds may not be used for research. 3. Timeline consider applications completed on-line • Reimbursement of pre-award costs a. Provide a timeline for the through Grants.gov as formally is not allowed. implementation of program activities. submitted when the applicant • Funds may be spent for reasonable 4. Staff organization’s Authorizing Official program purposes, including personnel, a. Provide a list of staff that will be electronically submits the application to travel, supplies, and services. responsible for the implementation of www.grants.gov. Electronic applications Equipment may be purchased if deemed this project. will be considered as having met the necessary to accomplish program 5. Performance Measures and deadline if the applicant organization’s objectives; however, prior approval by Methods of Evaluation Authorizing Official has submitted the HHS/CDC Rwanda officials must be 6. Summary Budget composed by line application electronically to Grants.gov requested in writing. item, along with a budget justification. on or before the deadline date and time. • All requests for funds contained in (This will not be counted against the If you submit your application the budget shall be stated in U.S. stated page limit). electronically through Grants.gov dollars. Once an award is made, HHS/ You may include additional (http://www.grants.gov), your CDC will not compensate foreign information in the application application will be electronically time/ grantees for currency exchange appendices. The appendices will not be date stamped, which will serve as fluctuations through the issuance of counted toward the narrative page limit. receipt of submission. You will receive supplemental awards. This additional information includes an e-mail notice of receipt when HHS/ • The costs that are generally the following: CDC receives the application. allowable in grants to domestic • Curriculum Vitas (CVs)/Resumes If you submit your application by the organizations are allowable to foreign • Organizational Charts United States Postal Service or institutions and international

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

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Technical Information Management– 4. Administration and Management (20 Unsuccessful applicants will receive CDC–RFA–AA105, CDC Procurement points) notification of the results of the and Grants Office, U.S. Department of Does the applicant provide a clear application review by mail. Health and Human Services, 2920 plan for the administration and VI.2. Administrative and National Brandywine Road, Atlanta, GA 30341. management of the proposed activities, Policy Requirements V. Application Review Information to manage the resources of the program, prepare reports, monitor and evaluate 45 CFR Part 74 and Part 92 V.1. Criteria activities and audit expenditures? For more information on the Code of Applicants must provide measures of Federal Regulations, see the National 5. Budget (Reviewed, But Not Scored) effectiveness that will demonstrate the Archives and Records Administration at accomplishment of the various V.2. Review and Selection Process the following Internet address: http:// www.access.gpo.gov/nara/cfr/cfr-table- identified objectives of the cooperative The HHS/CDC Procurement and search.html. agreement. Measures of effectiveness Grants Office (PGO) staff will review The following additional must relate to the performance goals applications for completeness, and HHS requirements apply to this project: stated in the ‘‘Purpose’’ section of this Global AIDS program will review them • AR–4 HIV/AIDS Confidentiality announcement. Measures must be for responsiveness. Incomplete Provisions objective and quantitative, and must applications and applications that are • AR–5 HIV Program Review Panel measure the intended outcome. non-responsive to the eligibility criteria Requirements Applicants must submit these measures will not advance through the review • AR–6 Patient Care of effectiveness with the application and process. Applicants will receive • AR–8 Public Health System they will be an element of evaluation. notification that their application did Reporting Requirements Your application will be evaluated not meet submission requirements. • AR–12 Lobbying Restrictions against the following criteria: An objective review panel will • AR–14 Accounting System evaluate complete and responsive 1. Plan (30 Points) Requirements applications according to the criteria Does the applicant demonstrate an • AR–15 Proof of Non-Profit Status listed in the ‘‘V.1. Criteria’’ section understanding of the national cultural • AR–21 Small, Minority, and above. All persons who serve on the and political context and the technical Women-Owned Business panel will be external to the U.S. and programmatic areas covered by the • AR–23 States and Faith-Based Government Country Program Office. project? Does the applicant display Organizations The panel may include both Federal and knowledge of the five-year strategy and Applicants can find additional non-Federal participants. goals of the President’s Emergency Plan, information on the requirements on the In addition, the following factors such that it can build on these to HHS/CDC Web site at the following could affect the funding decision: develop a comprehensive, collaborative Internet address: http://www.cdc.gov/ While U.S.-based organizations are project to reach underserved od/pgo/funding/ARs.htm. eligible to apply, we will give populations in Rwanda and meet the You need to include an additional preference to existing national/Rwandan goals of the Emergency Plan? Is the plan Certifications form from the PHS5161– organizations. It is possible for one well-articulated and adequate to carry 1 application in the Grants.gov organization to apply as lead grantee out the proposed objectives? How electronic submission only. Please refer with a plan that includes partnering realistic and appropriate is the plan, to http://www.cdc.gov/od/pgo/funding/ with other organizations, preferably given local conditions and challenges? PHS5161-1-Certificates.pdf. Once you local. Although matching funds are not Does the plan include process and have has filled out the form, please required, preference will be go to outcome indicators? Does the attach it to the Grants.gov submission as organizations that can leverage application include an overall design Other Attachments Form. additional funds to contribute to strategy, including measurable time program goals. VI.3. Reporting Requirements lines, clear monitoring and evaluation Applications will be funded in order procedures, and specific activities for You must provide HHS/CDC with an by score and rank determined by the meeting the proposed objectives? original, plus two hard copies of the review panel. HHS/CDC will provide following reports: 2. Methods (25 Points) justification for any decision to fund out 1. Interim progress report, due no less Are the proposed methods feasible? of rank order. than 90 days before the end of the Do they reflect a spirit of cooperation V.3. Anticipated Announcement and budget period. The progress report will with other key agencies and Award Dates serve as your non-competing organizations in Rwanda? Does the continuation application, and must Anticipated award date: September applicant describe a plan to contain the following elements: 15, 2005. progressively build the capacity of local a. Current Budget Period Activities organizations and of target beneficiaries VI. Award Administration Information Objectives. and communities to respond to the b. Current Budget Period Financial VI.1. Award Notices epidemic? Progress. Successful applicants will receive a c. New Budget Period Program 3. Experience (25 Points) Notice of Award (NoA) from the HHS/ Proposed Activity Objectives. Do the staff members have relevant CDC Procurement and Grants Office. d. Budget. programmatic experience working in The NoA shall be the only binding, e. Measures of Effectiveness, resource-limited settings and the ability authorizing document between the including progress against the to work in local languages? Are staff recipient and HHS/CDC. An authorized numerical goals of the President’s roles clearly articulated? As described, Grants Management Officer will sign the Emergency Plan for AIDS Relief for will the staff be sufficient to accomplish NoA, and mail it to the recipient fiscal Rwanda. the program goals? officer identified in the application. f. Additional Requested Information.

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2. Annual progress report, due 60 DEPARTMENT OF HEALTH AND NIHE is organizationally within the days after the end of the budget period. HUMAN SERVICES Vietnamese MOH, and can effectively The progress report will follow the coordinate and implement HIV format developed jointly by the U.S. Centers for Disease Control and prevention and care activities supported Government and the Government of Prevention by the MOH and its other agencies. Although other Vietnamese Government Rwanda, consisting of interventions, [Request for Application (RFA) AA220] milestones, timelines, status Ministries are involved in HIV explanations and budget expenditures Partnering With the National Institute prevention and care, currently most to date. of Hygiene and Epidemiology To activities occur through the MOH. 3. Financial status report, no more Enhance Public Health Capacity for C. Funding HIV Prevention and Care Activities in than 90 days after the end of the budget Approximately $500,000 is available period. the Socialist Republic of Viet Nam, as Part of the President’s Emergency Plan in FY 2005 to fund this award 4. Final financial and performance for AIDS Relief; Notice of Intent To September 15, 2005, and will be made reports, no more than 90 days after the Fund Single Eligibility Award for a 12-month budget period within a end of the project period. project period of up to five years. Recipients must mail these reports to A. Purpose Funding estimates may change. the Grants Management or Contract The Centers for Disease Control and D. Where to Obtain Additional Specialist listed in the ‘‘Agency Prevention (CDC) announces the intent Information Contacts’’ section of this announcement. to fund fiscal year (FY) 2005 funds for For general comments or questions a cooperative agreement program to VII. Agency Contacts about this announcement, contact: provide improved HIV prevention, care, Technical Information Management, We encourage inquiries concerning and treatment in Vietnam through CDC Procurement and Grants Office, this announcement. support and development of national 2920 Brandywine Road, Atlanta, GA laboratory systems, and implementation For general questions, contact: 30341–4146, Telephone: 770–488–2700. of surveillance and monitoring and For program technical assistance, Technical Information Management evaluation (M&E) activities. The Catalog Section, CDC Procurement and Grants contact: S. Patrick Chong, Deputy of Federal Domestic Assistance number Director, Global AIDS Program [GAP], Office, U.S. Department of Health and for this program is 93.067. Human Services, 2920 Brandywine Vietnam National Center for HIV, STD Road, Atlanta, GA 30341, Telephone: B. Eligible Applicant and TB Prevention, Centers for Disease Control and Prevention [CDC], U.S. 770–488–2700. Assistance will be provided only to Embassy Hanoi, 7 Lang Ha, Hanoi, the Vietnamese National Institute of For program technical assistance, Vietnam, Telephone: +84 (4) 831–4580, Hygiene and Epidemiology (NIHE). No contact: Valerie Koscelnik, Project ext. 215, E-mail: [email protected]. other applications are solicited. Officer, National Center for HIV, STD, For financial, grants management, or The award specifically aims to use and TB Prevention, Address: HHS/CDC/ budget assistance, contact: Vivian existing capacity through NIHE to aid in US Embassy, Kigali, Rwanda, Walker, Grants Management Specialist, providing Viet Nam with increased Telephone: +250 08303986, E-mail: CDC Procurement and Grants Office, laboratory capability, including [email protected]. 2920 Brandywine Road, Mail stop: E– developing a national reference 14, Atlanta, GA 30341, Telephone: 770– For financial, grants management, or laboratory and quality-assurance and 488–2724, E-mail: [email protected]. budget assistance, contact: Shirley quality-control systems (QA/QC); Wynn, Grants Management Specialist, improving national surveillance and Dated: August 11, 2005. CDC Procurement and Grants Office, M&E through routine and special William P. Nichols, U.S. Department of Health and Human projects; and developing a national Director, Procurement and Grants Office, Services, 2920 Brandywine Road, action plan, and other surveillance Centers for Disease Control and Prevention. Atlanta, GA 30341, Telephone: 770– activities, as necessity dictates. [FR Doc. 05–16361 Filed 8–17–05; 8:45 am] 488–1515, E-mail: [email protected]. Currently, the NIHE is the single BILLING CODE 4163–18–P VIII. Other Information institute in Viet Nam sanctioned by the Vietnamese Government to conduct Applicants can find this and other laboratory activities, and, thus, the only DEPARTMENT OF HEALTH AND HHS funding opportunity appropriate and qualified organization HUMAN SERVICES announcements on the HHS/CDC web to conduct this specific set of activities site, Internet address: http:// supportive of the President’s Emergency Centers for Disease Control and Prevention www.cdc.gov (Click on ‘‘Funding,’’ then Plan for AIDS Relief. In addition, NIHE is uniquely ‘‘Grants and Cooperative Agreements’’), Enhancing the Community Response positioned in terms of legal authority and on the HHS Office of Global Health to HIV/AIDS and TB Through the and credibility among Vietnamese Affairs, Internet address: http:// Expanded Role of the Community health institutions to provide national www.globalhealth.gov. Treatment Supporters in the Republic surveillance and laboratory leadership of Zambia Dated: August 11, 2005. in the area of HIV/AIDS prevention and William P. Nichols, control. NIHE has already established Announcement Type: New. Director, Procurement and Grants Office mechanisms to provide national Funding Opportunity Number: CDC– Centers for Disease Control and Prevention, laboratory leadership, and national RFA–AA159. U.S. Department of Health and Human surveillance and M&E activities, which Catalog of Federal Domestic Services. enables it to immediately become Assistance Number: 93.067. [FR Doc. 05–16358 Filed 8–17–05; 8:45 am] engaged in the activities listed in this Key Dates: Application Deadline: BILLING CODE 4163–18–P announcement. September 12, 2005.

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I. Funding Opportunity Description which makes it one of the countries design a customized program of with the highest burden of the disease. assistance that fits within the host Authority: This program is authorized The increase in cases stems, in the main nation’s strategic plan. under sections 301(a) and 307 of the Public part, from co-infection with HIV. Based The purpose of the program is to Health Service Act [42 U.S.C. 241 and 2421], on studies carried out in Lusaka, the as amended, and under Public Law 108–25 enhance the role and involvement of (United States Leadership Against HIV/AIDS, capital city, HIV co-infection rates for community-level DOTS volunteers in Tuberculosis and Malaria Act of 2003) newly diagnosed pulmonary TB cases supporting the treatment and [U.S.C. 7601]. are 50–70 percent, with much higher management of TB/HIV co-infected rates of infection in extra-pulmonary Background: President Bush’s patients and people living with HIV/ cases. AIDS in rural health facilities. Emergency Plan for AIDS Relief has The Government of Zambia has called for immediate, comprehensive The U.S. Government seeks to reduce adopted the Directly Observed the impact of HIV/AIDS in specific and evidence-based action to turn the Treatment Strategy (DOTS) for the tide of global HIV/AIDS. The initiative countries within sub-Saharan Africa, management of TB. Direct observation Asia, and the Americas through the aims to treat more than two million of treatment occurs through health HIV-infected people with effective President’s Emergency Plan. Through facilities in close collaboration with this initiative, the HHS Global AIDS combination anti-retroviral therapy by community members, who function as 2008; care for ten million HIV-infected Program (GAP) will continue to work treatment supporters. Logistical with host countries to strengthen and affected persons, including those problems, such as shortage of trained orphaned by HIV/AIDS, by 2008; and capacity and expand activities in the health personnel; long distances to areas of: (1) Primary HIV prevention; (2) prevent seven million infections by health centers, especially in rural areas; 2010, with a focus on 15 priority HIV care, support, and treatment; and poor road and transportation networks; (3) capacity and infrastructure countries, including 12 in sub-Saharan and a high proportion of bed-ridden TB Africa. The five-year strategy for the development. Focus countries represent patients from co-infection with HIV those with the most severe epidemics Emergency Plan is available at the make this method of supervising following Internet address: http:// and the highest number of new treatment the most practical. infections. They also represent countries www.state.gov/s/gac/rl/or/c11652.htm. With the more widespread availability where the potential for impact is Over the same time period, as part of of ART, the role of community greatest and where U.S. Government a collective national response, the treatment supporters for TB is a possible agencies are already active. Zambia is Emergency Plan goals specific to mechanism to provide support to one of these focus countries. Zambia are to treat at least 120,000 HIV- patients on ART, to enhance adherence infected individuals and care for to treatment. The Zambian Central To carry out its activities in these 600,000 HIV-affected individuals, Board of Health, with technical and countries, HHS is working in a including orphans. financial support from HHS, has collaborative manner with national The HIV/AIDS epidemic poses a developed a manual for the training of governments and other agencies to health and developmental crisis for community treatment supporters. To develop programs of assistance to Zambia. The prevalence of infection in increase the number of treatment address the HIV/AIDS epidemic. As part the general population was estimated at supporters, the winning applicant will of the President’s Emergency Plan, HHS’ 16 percent in the last Demographic and implement a training-of-trainers mission in Zambia is to work with the Health Survey, though infection rates program, with specific emphasis on the Ministry of Health (MOH) and its vary from more than 23 percent in urban mission hospitals that provide over 50 partners to develop and apply effective areas to 11 percent in rural areas. It is percent of formal health care in rural interventions to prevent and treat HIV estimated that more than 900,000 Zambia. The trainers will, in turn, train infection and associated illnesses and Zambians are currently living with HIV, community members to support TB/HIV death from AIDS. and more than 200,000 are in need of patients. Logistical support will go to Measurable outcomes of the program specific anti-retroviral treatment (ART). the treatment supporters to enable them will be in alignment with one (or more) The Government of Zambia has to carry out their supportive activities, of the following performance goal(s) for instituted an ART program in the public along with support to the mission the National Center for HIV, Sexually sector, and has set a goal of 100,000 on hospitals to improve the care and Transmitted Diseases (STD) and ART by the end of 2005. There are over treatment provided to people living Tuberculosis (TB) Prevention (NCHSTP) 22,000 people currently on ART in with HIV/AIDS. of the Centers for Disease Control and Zambia in both the public and private Purpose: The purpose of this funding Prevention (CDC) within HHS: By 2010, sectors, with support of co-operating announcement is to progressively build work with other countries, international partners such as the President’s an indigenous, sustainable response to organizations, the U.S. Department of Emergency Plan for AIDS Relief the national HIV epidemic through the State, U.S. Agency for International (Emergency Plan), the Global Fund and rapid expansion of innovative, Development (USAID), and other the World Bank. However, for the culturally appropriate, high-quality partners to achieve the United Nations majority of Zambians living with HIV, HIV/AIDS prevention and care General Assembly Special Session on the primary type of HIV/AIDS care and interventions, and improved linkages to HIV/AIDS goal of reducing prevalence support available is psychosocial HIV counseling and testing and HIV among young people 15 to 24 years of support, non-ART health care and treatment services targeting underserved age. In addition, the measurable home-based care. populations in Zambia. outcomes of the program will be in Tuberculosis (TB) represents a major Under the leadership of the U.S. alignment with the goals of the public health problem in Zambia, and Global AIDS Coordinator, as part of the President’s Emergency Plan to prevent notification rates in the country have President’s Emergency Plan, the U.S. seven million new HIV infections, increased more than fivefold in the last Department of Health and Human provide care for ten million people 20 years. According to the World Health Services (HHS) works with host including orphans and vulnerable Organization, the estimated notification countries and other key partners to children, and place two million people rate for TB in Zambia is 668/100,000, assess the needs of each country and on anti-retroviral treatment.

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This announcement is only for non- 2. Train a core of trainers for the the Office of the U.S. Global AIDS research activities supported by HHS, community treatment supporters in the Coordinator. including the CDC. If an applicant districts. 8. Provide technical assistance, as proposes research activities, HHS will 3. Provide on-going supportive mutually agreed upon, and revise not review the application. For the supervision in local languages to the annually during validation of the first definition of research, please see the community treatment supporters to and subsequent annual work plans. This HHS/CDC Web site at the following ensure quality care and adherence to could include expert technical Internet address: http://www.cdc.gov/ treatment protocols. assistance and targeted training od/ads/opspoll1.htm. 4. Provide logistics, such as bicycles activities in specialized areas, such as Activities: The recipient of these and home-based care kits, to support the strategic information, project funds is responsible for activities in community treatment supporters in management, confidential counseling multiple program areas designed to their provision of care in the and testing, palliative care, treatment target underserved populations in community. literacy, and adult learning techniques. Zambia. Either the awardee will In a cooperative agreement, HHS staff 9. Provide in-country administrative implement activities directly or will is substantially involved in the program support to help grantee meet U.S. implement them through its subgrantees activities, above and beyond routine Government financial and reporting and/or subcontractors; the awardee will grant monitoring. requirements. retain overall financial and HHS Activities for this program are as Please note: Either HHS staff or staff from programmatic management under the follows: organizations that have successfully oversight of HHS/CDC and the strategic 1. Organize an orientation meeting competed for funding under a separate HHS direction of the Office of the U.S. Global with the grantee to brief them on contract, cooperative agreement or grant will AIDS Coordinator. The awardee must applicable U.S. Government, HHS, and provide technical assistance and training. show a measurable progressive Emergency Plan expectations, reinforcement of the capacity of regulations and key management II. Award Information indigenous organizations and local requirements, as well as report formats Type of Award: Cooperative communities to respond to the national and contents. The orientation could Agreement. HHS involvement in this HIV epidemic, as well as progress include meetings with staff from HHS program is listed in the Activities towards the sustainability of activities. agencies and the Office of the U.S. Section above. Applicants should describe activities Global AIDS Coordinator. Fiscal Year Funds: 2005. in detail as part of a four-year action 2. Review and approve the process Approximate Total Funding: $750,000 plan (U.S. Government Fiscal Years used by the grantee to select key (This amount is an estimate, and is 2005–2008 inclusive) that reflects the personnel and/or post-award subject to availability of funds.) policies and goals outlined in the five- subcontractors and/or subgrantees to be Approximate Number of Awards: year strategy for the President’s involved in the activities performed One. Emergency Plan. under this agreement, as part of the Approximate Average Award: Emergency Plan for AIDS Relief Country $150,000 (This amount is for the first The awardee will produce an annual Operational Plan review and approval 12-month budget period, and includes operational plan in the context of this process, managed by the Office of the direct costs). four-year plan, which the U.S. U.S. Global AIDS Coordinator. Floor of Award Range: None. Government Emergency Plan team on 3. Review and approve grantee’s Ceiling of Award Range: $150,000 the ground in Zambia will review as annual work plan and detailed budget, (This ceiling is for the first 12-month part of the annual Emergency Plan for as part of the Emergency Plan for AIDS budget period.) AIDS Relief Country Operational Plan Relief Country Operational Plan review Anticipated Award Date: September review and approval process managed and approval process, managed by the 15, 2005. by the Office of the U.S. Global AIDS Office of the U.S. Global AIDS Budget Period Length: 12 months. Coordinator. The awardee may work on Coordinator. Project Period Length: Five years. some of the activities listed below in the 4. Review and approve grantee’s Throughout the project period, HHS’ first year and in subsequent years, and monitoring and evaluation plan, commitment to continuation of awards then progressively add others from the including for compliance with the will be conditioned on the availability list to achieve all of the Emergency Plan strategic information guidance of funds, evidence of satisfactory performance goals, as cited in the established by the Office of the U.S. progress by the recipient (as previous section. HHS/CDC, under the Global AIDS Coordinator. documented in required reports), and guidance of the U.S. Global AIDS 5. Meet on a monthly basis with the determination that continued Coordinator, will approve funds for grantee to assess monthly expenditures funding is in the best interest of the activities on an annual basis, based on in relation to approved work plan and Federal Government, through the documented performance toward modify plans as necessary. Emergency Plan for AIDS Relief review achieving Emergency Plan goals, as part 6. Meet on a quarterly basis with and approval process for Country of the annual Emergency Plan for AIDS grantee to assess quarterly technical and Operational Plans, managed by the Relief Country Operational Plan review financial progress reports and modify Office of the U.S. Global AIDS and approval process. plans as necessary. Coordinator. Awardee Activities for this program 7. Meet on an annual basis with III. Eligibility Information are as follows: grantee to review annual progress report 1. Improve the capacity for rural for each U.S. Government Fiscal Year, III.1. Eligible Applicants hospitals and health care centers to and to review annual work plans and To meet the eligibility criteria for this provide quality treatment for TB/HIV budgets for subsequent year, as part of program announcement, applicants through promoting the supervision of the Emergency Plan for AIDS Relief must be indigenous to Zambia and have TB treatment and ART by using trained review and approval process for at least 10 years experience providing community volunteers. Country Operational Plans, managed by health care.

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Applicants must be umbrella bodies Electronic Submission: HHS strongly • Quality-Assurance, Monitoring- of non-governmental organizations that encourages you to submit your and-Evaluation, and Strategic- have the role of representation and application electronically by using the Information Forms. advocacy, resource mobilization, forms and instructions posted for this • Applicant’s Corporate Capability technical support as well as announcement on www.Grants.gov, the Statement. administrative and logistical support for official Federal agency wide E-grant • Letters of Support. affiliated organizations, including faith- Web site. Only applicants who apply • Evidence of Legal Organizational based organizations. on-line are permitted to forego paper Structure. Applicants must have demonstrated copy submission of all application You must have a Dun and Bradstreet experience in managing an AIDS care forms. Data Universal Numbering System and prevention program in faith-based Paper Submission: Application forms (DUNS) number to apply for a grant or hospitals and run other related and instructions are available on the cooperative agreement from the Federal programs such as a TB program, malaria HHS/CDC Web site, at the following government. The DUNS number is a control program as well as a Primary Internet address: http://www.cdc.gov/ nine-digit identification number, which Health Care program that includes the od/pgo/forminfo.htm. uniquely identifies business entities. training of community health workers If you do not have access to the Obtaining a DUNS number is easy, and and traditional birth attendants. Internet, or if you have difficulty there is no charge. To obtain a DUNS Applicants must have a Grant accessing the forms on-line, contact the number, access Management Unit that manages sub- HHS/CDC Procurement and Grants www.dunandbradstreet.com or call 1– grants and capacity building of NGOs Office Technical Information 866–705–5711. that work in remote and under-served Management Section (PGO–TIM) staff at For more information, see the HHS/ districts in partnership with the 770–488–2700. We can mail application CDC Web site at: http://www.cdc.gov/ Zambian District Health Management forms to you. od/pgo/funding/grantmain.htm. If your application form does not have teams. IV.2. Content and Form of Submission Preference will go to applicants that a DUNS number field, please write the have a demonstrated track record of Application: You must submit a DUNS number at the top of the first successfully managing funds from the project narrative with the application page of the application, and/or include Global Fund and other multilateral and forms. You must submit the narrative in the DUNS number in the application bilateral donors. the following format: cover letter. • Maximum number of pages: 25. If Additional requirements that could III.2. Cost Sharing or Matching Funds your narrative exceeds the page limit, require you to submit additional Matching funds are not required for we will only review the first pages documentation with the application are this program. within the page limit. listed in section ‘‘VI.2. Administrative • Font size: 12 point unreduced. and National Policy Requirements.’’ III.3. Other • Double spaced. • Paper size: 8.5 by 11 inches. IV.3. Submission Dates and Times If you request a funding amount • Page margin size: One inch. Application Deadline Date: greater than the ceiling of the award • Printed only on one side of page. September 12, 2005. range, HHS will consider your • Held together only by rubber bands application non-responsive, and it will Explanation of Deadlines: or metal clips; not bound in any other Applications must be received in the not enter into the review process. We way. will notify you that your application did • HHS/CDC Procurement and Grants Application must be written in Office by 4 p.m. Eastern Time on the not meet the submission requirements. English. Special Requirements: If your deadline date. The narrative should address You may submit your application application is incomplete or non- activities to be conducted over the electronically at www.grants.gov. We responsive to the special requirements entire project period, and must include consider applications completed on-line listed in this section, it will not enter the following items in the order listed: through Grants.gov as formally into the review process. We will notify • Goals and Objectives, including submitted when the applicant you that your application did not meet Project Contribution to the Goals and organization’s Authorizing Official submission requirements. Objectives of the Emergency Plan for electronically submits the application to • HHS/CDC considers late AIDS Relief. www.grants.gov. We will consider applications non-responsive. See • Work Plan and Description of electronic applications as having met section ‘‘IV.3. Submission Dates and Project Components and Activities. the deadline if the applicant Times’’ for more information on • Timeline. organization’s Authorizing Official has deadlines. • Staffing Plan, with Level of Effort. • submitted the application electronically • Note: Title 2 of the United States Performance Measures and Methods to Grants.gov on or before the deadline Code Section 1611 states that an of Evaluation. • date and time. organization described in Section Summary Budget composed by line item, along with a budget justification. If you submit your application 501(c)(4) of the Internal Revenue Code electronically through Grants.gov that engages in lobbying activities is not (This will not be counted against the stated page limit). (http://www.grants.gov), your eligible to receive Federal funds application will be electronically time/ constituting an award, grant, or loan. You may include additional information in the application date stamped, which will serve as IV. Application and Submission appendices. The appendices will not receipt of submission. You will receive Information count toward the narrative page limit. an e-mail notice of receipt when HHS/ CDC receives the application. IV.1. Address To Request Application This additional information includes: • Curriculum Vitas (CVs)/Resumes. If you submit your application by the Package • Organizational Charts. United States Postal Service or To apply for this funding opportunity • Job descriptions of proposed key commercial delivery service, you must use application form PHS 5161–1. positions to be created for the activity. ensure the carrier will be able to

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

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prime recipients are prerequisites to the Office products, a PDF file may be target beneficiaries and communities to payment of any U.S. Government funds submitted. You may find directions for respond to the epidemic? in connection with this document. creating PDF files on the Grants.gov 3. Personnel (25 Points) Recipients’ compliance with this Web site. Use of file formats other than section, ‘‘Prostitution and Related Microsoft Office or PDF could make Is the staff involved in this project Activities,’’ is an express term and your file unreadable for our staff; or qualified to perform the tasks described? condition of receiving U.S. Government Paper Submission: Applicants should CVs provided should include funds in connection with this submit the original and two hard copies information that they are qualified in document, and any violation of it shall of the application by mail or express the following: management of HIV/AIDS be grounds for unilateral termination by delivery service to: Technical prevention activities in local languages, HHS of the agreement with HHS in Information Management—AA159, CDC especially confidential voluntary connection with this document prior to Procurement and Grants Office, U.S. counseling and testing; and the end of its term. The recipient shall Department of Health and Human development of capacity-building refund to HHS the entire amount Services, 2920 Brandywine Road, among and collaboration between furnished in connection with this Atlanta, GA 30341. governmental and NGO partners. Are document in the event HHS determines the staff roles clearly defined? the recipient has not complied with this V. Application Review Information 4. Administration and Management section, ‘‘Prostitution and Related V.1. Criteria Activities.’’ (25 Points) You may find guidance for Applicants must provide measures of effectiveness that will demonstrate the Does the applicant provide a clear completing your budget on the HHS/ plan for the administration and CDC Web site, at the following Internet accomplishment of the various identified objectives of the cooperative management of the proposed activities, address: http://www.cdc.gov/od/pgo/ to manage the resources of the program, funding/budgetguide.htm. agreement. Measures of effectiveness must relate to the performance goals prepare reports, monitor and evaluate IV.6. Other Submission Requirements stated in the ‘‘Purpose’’ section of this activities and audit expenditures? Application Submission Address: announcement. Measures must be 5. Budget (Reviewed But Not Scored) Electronic Submission: HHS/CDC objective and quantitative, and must measure the intended outcome. Does the applicant present a detailed strongly encourages you to submit budget with clear justifications for all electronically at www.Grants.gov. You Applicants must submit these measures of effectiveness with the application, line items and consistent with the will be able to download a copy of the proposed activities and objectives of the application package from and they will be an element of evaluation. proposal, and with the five-year strategy www.Grants.gov, complete it off-line, and goals of the President’s Emergency and then upload and submit the The application will be evaluated against the following criteria: Plan and Emergency Plan activities in application via the Grants.gov Web site. Zambia? We will not accept e-mail submissions. 1. Understanding the Problem (25 If you are having technical difficulties Points) V.2. Review and Selection Process in Grants.gov, you may reach them by Does the applicant demonstrate an The HHS/CDC Procurement and e-mail at [email protected] or by Grants Office (PGO) staff will review phone at 1–800–518–4726 (1–800–518– understanding of the national cultural and political context and the technical applications for completeness, and HHS GRANTS). The Customer Support Global AIDS program will review them Center is open from 7 a.m. to 9 p.m. and programmatic areas covered by the project? Does the applicant display for responsiveness. Incomplete eastern time, Monday through Friday. applications and applications that are HHS/CDC recommends that you knowledge of the five-year strategy and non-responsive to the eligibility criteria submit your application to Grants.gov goals of the President’s Emergency Plan, will not advance through the review early enough to resolve any such that it can build on these to process. Applicants will receive unanticipated difficulties prior to the develop a comprehensive, collaborative notification that their application did deadline. You may also submit a back- project to reach underserved not meet submission requirements. up paper submission of the application. populations in Zambia and meet the We must receive any such paper goals of the Emergency Plan? Does the An objective review panel will submission in accordance with the applicant demonstrate a clear and evaluate complete and responsive requirements for timely submission concise understanding of the nature of applications according to the criteria detailed in Section IV.3. Of the grant the problems to be addressed as listed in the ‘‘V.1. Criteria’’ section announcement. described in the Purpose section of this above. All persons who serve on the You must clearly mark the paper announcement? This includes a panel will be external to the U.S. submission: ‘‘BACK-UP FOR description of the planned activities to Government Country Program Office. ELECTRONIC SUBMISSION.’’ be undertaken and a detailed The panel may include both Federal and The paper submission must conform presentation of the objectives of the non-Federal participants. to all requirements for non-electronic proposal. In addition, the following factors submissions. If we receive both could affect the funding decision: 2. Methodology (25 Points) electronic and back-up paper It is possible for one organization to submissions by the deadline, we will Does the application include an apply as lead grantee with a plan that consider the electronic version the overall design strategy, including includes partnering with other official submission. measurable timelines, clear monitoring organizations, preferably local. We strongly recommended that you and evaluation procedures and specific Although matching funds are not submit your grant application using activities for meeting the proposed required, preference will be go to Microsoft Office products (e.g., objectives? Does the applicant describe organizations that can leverage Microsoft Word, Microsoft Excel, etc.). If a plan to progressively build the additional funds to contribute to you do not have access to Microsoft capacity of local organizations and of program goals.

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Applications will be funded in order b. Current Budget Period Financial Dated: August 11, 2005. by score and rank determined by the Progress. William P. Nichols, review panel. HHS/CDC will provide c. New Budget Period Program Director, Procurement and Grants Office, justification for any decision to fund out Proposed Activity Objectives. Centers for Disease Control and Prevention, of rank order. U.S. Department of Health and Human d. Budget. Services. V.3. Anticipated Announcement and e. Measures of Effectiveness, [FR Doc. 05–16357 Filed 8–17–05; 8:45 am] Award Dates including progress against the BILLING CODE 4163–18–P September 15, 2005. numerical goals of the President’s VI. Award Administration Information Emergency Plan for AIDS Relief for Zambia. DEPARTMENT OF HEALTH AND VI.1. Award Notices HUMAN SERVICES f. Additional Requested Information. Successful applicants will receive a 2. Financial status report no more Centers for Disease Control and Notice of Award (NoA) from the HHS/ than 90 days after the end of the budget Prevention CDC Procurement and Grants Office. period. The NoA shall be the only binding, Building Human Resource Capacity authorizing document between the 3. Quarterly progress reports. Within the Ministry of Health and recipient and HHS/CDC. An authorized 4. Final financial and performance Social Services in the Republic of Grants Management Officer will sign the reports, no more than 90 days after the Namibia as Part of the President’s NoA, and mail it to the recipient fiscal end of the project period. Emergency Plan for AIDS Relief officer identified in the application. Unsuccessful applicants will receive 5. Annual progress report, due no Announcement Type: New. notification of the results of the more than 60 days after the end of the Funding Opportunity Number: CDC– application review by mail. budget period. Reports should include RFA–AA108. progress against the numerical goals of Catalog of Federal Domestic VI.2. Administrative and National the President’s Emergency Plan for Assistance Number: 93.067. Policy Requirements AIDS Relief for Zambia. Key Dates: Application Deadline: September 12, 2005. 45 CFR Part 74 and Part 92 Recipients must mail these reports to I. Funding Opportunity Description For more information on the Code of the Grants Management or Contract Federal Regulations, see the National Specialist listed in the ‘‘Agency Contacts’’ section of this announcement. Authority: This program is authorized Archives and Records Administration at under Sections 301 and 307(k)(2) of the the following Internet address: http:// VII. Agency Contacts Public Health Service Act [42 U.S.C. Sections www.access.gpo.gov/nara/cfr/cfr-table- 241 and 2421)], as amended, and under search.html. We encourage inquiries concerning Public Law 108–25 (United States Leadership The following additional this announcement. Against HIV/AIDS, Tuberculosis and Malaria Act of 2003)[22 U.S.C. 7601]. requirements apply to this project: For general questions, contact: • Background: President Bush’s AR–4—HIV/AIDS Confidentiality Technical Information Management Emergency Plan for AIDS Relief has Provisions Section, CDC Procurement and Grants • AR–6—Patient Care called for immediate, comprehensive Office, U.S. Department of Health and • AR–10—Smoke-Free Workplace and evidence-based action to turn the Human Services, 2920 Brandywine Requirements tide of global HIV/AIDS. The initiative Applicants can find additional Road, Atlanta, GA 30341, Telephone: aims to treat more than two million information on these requirements on 770–488–2700. HIV-infected people with effective the HHS/CDC Web site at the following For program technical assistance, combination anti-retroviral therapy by Internet address: http://www.cdc.gov/ contact: Marc Bulterys, Project Officer, 2008; care for ten million HIV-infected od/pgo/funding/ARs.htm. 1600 Clifton Road MS E–04, Atlanta, GA and affected persons, including those You need to include an additional 30333, Telephone: 011 260 1 250 955 orphaned by HIV/AIDS, by 2008; and Certifications form from the PHS5161– ext 246, E-mail: [email protected]. prevent seven million infections by 1 application needs in the Grants.gov For financial, grants management, or 2010, with a focus on 15 priority electronic submission only. Please refer budget assistance, contact: Shirley countries, including 12 in sub-Saharan to http://www.cdc.gov/od/pgo/funding/ Wynn, Grants Management Specialist, Africa. The five-year strategy for the PHS5161-1-Certificates.pdf. Once you CDC Procurement and Grants Office, Emergency Plan is available at the have filled out the form, please attach it U.S. Department of Health and Human following Internet address: http:// to the Grants.gov submission as Other Services, 2920 Brandywine Road, www.state.gov/s/gac/rl/or/c11652.htm. Over the same time period, as part of Attachments Form. Atlanta, GA 30341, Telephone: 770 488– a collective national response, the 1515, E-mail: [email protected]. VI.3. Reporting Requirements Emergency Plan goals specific to You must provide HHS/CDC with an VIII. Other Information Namibia are to treat at least 23,000 HIV- original, plus two hard copies of the infected individuals; and care for following reports: Applicants can find this and other 115,000 HIV-affected individuals, 1. Interim progress report, due no less HHS funding opportunity including orphans. than 90 days before the end of the announcements on the HHS/CDC Web The Namibian Government has budget period. The progress report will site, Internet address: http:// publicly acknowledged the HIV/AIDS serve as your non-competing www.cdc.gov (click on ‘‘Funding’’ then epidemic, and its human and societal continuation application, and must ‘‘Grants and Cooperative Agreements’’), cost. The Namibian Government has contain the following elements: and on the Web site of the HHS Office elevated the fight against HIV/AIDS to a a. Current Budget Period Activities of Global Health Affairs, Internet top priority, including by rolling out Objectives. address: http://www.globalhealth.gov. anti-retroviral therapy (ART) and the

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prevention of mother-to-child initiating programs to provide anti- Transmitted Diseases and Tuberculosis transmission (PMTCT) in all 13 regions, retroviral therapy (ART). Prevention (NCHSTP) within HHS: By including all 35 public hospitals in • Strengthening the capacity of 2010, work with other countries, Namibia. The Namibian Ministry of countries to collect and use surveillance international organizations, the U.S. Health and Social Services (MoHSS) has data and manage national HIV/AIDS Department of State, the U.S. Agency for estimated it will need an additional 143 programs by expanding HIV/STD/TB International Development (USAID), doctors, nurses, and pharmacists at its surveillance programs and and other partners to achieve the United hospitals to reach the goal of 23,000 strengthening laboratory support for Nations General Assembly Special patients on ART by the end of 2007. The surveillance, diagnosis, treatment, Session on HIV/AIDS goal of reducing anticipated positions to fill in 2005 disease-monitoring and HIV screening prevalence among persons 15 to 24 include 27 doctors, one doctor for for blood safety. years of age; reduce HIV transmission; quality assurance, 15 nurses, 15 The HHS cooperative agreement, with and improve care of persons living with pharmacists, and 15 data-entry clerks. technical assistance from HHS/CDC and HIV. The United States Government seeks the MoHSS, will provide assistance to This announcement is only for non- to reduce the impact of HIV/AIDS and recruit suitably qualified and research activities supported by HHS, related conditions in specific countries experienced (preferably Namibian) including the CDC. If an applicant within sub-Saharan Africa, Asia, and individuals to meet Emergency Plan proposes research activities, HHS will the Americas to strengthen capacity and objectives. A local human resource not review the application. For the expand activities in the areas of (1) HIV provider (HRP) identifies and recruits definition of ‘‘research,’’ please see the primary prevention; (2) HIV care, candidates on behalf of the interview HHS/CDC Web site at the following support, and treatment; and (3) capacity committee, which will consist of Internet address: http://www.cdc.gov/ and infrastructure development, personnel from the MoHSS and HHS/ od/ads/opspoll1.htm. especially for strategic information, CDC. These collaborative activities could Activities including surveillance. Targeted profoundly affect the ability to meet the The recipient of these funds is countries represent those with the most goals and objectives of the Third responsible for activities in multiple severe epidemics and the highest National Medium Term Plan (2004– program areas designed to target number of new infections. They also 2009) in Namibia, which is the National underserved populations in Namibia. represent countries where the potential Strategic Plan on HIV/AIDS, and the Either the awardee will implement for impact is greatest, and where U.S. President’s Emergency Plan. activities directly or will implement Government agencies are already active. Cooperative efforts could lead to greater them through its subgrantees and/or Namibia is one of these targeted use of confidential voluntary counseling subcontractors; the awardee will retain countries. and testing (VCT) in all areas of the overall financial and programmatic Purpose country; and increase enrollment in management under the oversight of comprehensive HIV/AIDS care, HHS/CDC and the strategic direction of Under the leadership of the U.S. including cotrimoxazole prophylaxis, the Office of the U.S. Global AIDS Global AIDS Coordinator, as part of the isoniazid preventive therapy (IPT), anti- Coordinator. The awardee must show a President’s Emergency Plan, the U.S. retroviral therapy (ART) for adults and measurable progressive reinforcement of Department of Health and Human children, and programs to prevent the capacity of indigenous organizations Services (HHS) works with host mother-to-child transmission (PMTCT) and local communities to respond to the countries and other key partners to throughout the nation. national HIV epidemic, as well as assess the needs of each country and To carry out its activities in these progress towards the sustainability of design a customized program of countries, HHS is working in a activities. assistance that fits within the host collaborative manner with national Applicants should describe activities nation’s strategic plan. governments and other agencies to in detail as part of a four-year action This program will enhance and develop programs of assistance to plan (U.S. Government Fiscal Years expand nationwide access to and use of address the HIV/AIDS epidemic. HHS’’ 2005–2008 inclusive) that reflects the services for VCT, PMTCT, and program of technical assistance to policies and goals outlined in the five- comprehensive HIV/AIDS care, Namibia focuses on capacity-building in year strategy for the President’s including cotrimoxazole prophylaxis, several areas to scale up promising Emergency Plan. IPT TB/HIV, and ART in Namibia. prevention and care strategies, such as The grantee will produce an annual HHS focuses on two or three major VCT, PMTCT, ART, Tuberculosis/HIV, operational plan in the context of this program areas in each country. Goals and laboratory services. four-year plan, which the U.S. and priorities include the following: The Centers for Disease Control and Government Emergency Plan team on • Achieving primary prevention of Prevention(CDC), within the the ground in Namibia will review as HIV infection through activities such as Department of Health and Human part of the annual Emergency Plan for expanding confidential counseling and Services, announces the availability of AIDS Relief Country Operational Plan testing programs, building programs to Fiscal Year 2005 funds for a cooperative review and approval process managed reduce mother-to-child transmission, agreement to assist with building by the Office of the U.S. Global AIDS and strengthening programs to reduce human resource capacity within the Coordinator. The grantee may work on transmission via blood transfusion and Ministry of Health and Social Services some of the activities listed below in the medical injections. (MoHSS) in Namibia for roll-out of ART first year and in subsequent years, and • Improving the care and treatment of and PMTCT of HIV. then progressively add others from the HIV/AIDS, sexually transmitted diseases Measurable outcomes of the program list to achieve all of the Emergency Plan (STDs) and related opportunistic will be in alignment with the numerical performance goals, as cited in the infections by improving STD goals of the President’s Emergency Plan previous section. management; enhancing care and for AIDS Relief and one or more of the HHS/CDC, under the guidance of the treatment of opportunistic infections, following performance goals for the CDC U.S. Global AIDS Coordinator, will including tuberculosis (TB); and National Center for HIV, Sexually approve funds for activities on an

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annual basis, based on documented d. Process tax calculations and make established by the Office of the U.S. performance toward achieving monthly payments to the Social Global AIDS Coordinator, and HIV Emergency Plan goals, as part of the Security Commission. laboratory activities conducted by other annual Emergency Plan for AIDS Relief e. Process medical aid calculations partners. Country Operational Plan review and and make monthly payments to an 2. Furnish consultants from HHS approval process. approved medical aid fund (currently, headquarters, the Office of the U.S. Awardee activities for covering all Namibian Health Plan). Global AIDS Coordinator or other U.S. program areas are as follows: f. Process all pension calculations and Government institutions to assist with 1. The HRP will advertise and recruit benefits. program planning, implementation and for a short-list of potential candidates g. Provide monthly HR reports to HHS monitoring. for the positions of an estimated 27 and MoHSS. 3. Make available manuals, physicians, 15 nurses, 15 pharmacists h. Issue annual Pay as You Earn guidelines, and other related materials and 15 medical data-entry clerks. (PAYE) certificates to individuals, and developed by HHS Namibia or other Specific activities are as follows: tax returns to the Namibian Ministry of HHS programs for similar projects. a. Advertise and recruit for Finance. 4. Facilitate in-country planning and professional staff. i. Under the guidance of the Namibian review meetings for ensuring b. Draft advertisements for approval MoHSS and HHS staff, liaise with coordination of country-based program by HHS and the Namibian MoHSS, and targeted health facilities as personnel technical assistance activities. advertise in local languages in three are assigned to promote smooth 5. Act as liaison and assist in Namibian newspapers. introductions of the professionals. coordinating activities as required, c. Set up interviews with a short list j. Ensure the new recruits participate between the applicant and other non- of candidates. in appropriate HHS and Namibian governmental organizations (NGOs), d. Develop a compensation package MoHSS training, maintaining Government of Namibia organizations, consistent with the MoHSS employment performance evaluation records, and other HHS partners. package. providing assistance in any disciplinary 6. Develop criteria to evaluate and 2. Hiring of Professional Staff. action in concert with MoHSS and select hospital sites that require a. Hire and administer a monthly reporting results to HHS and the designated health professionals, in salary and benefits package for each Namibian MoHSS. collaboration with the Namibian health professional hired, using a k. At the beginning and end of their MoHSS. standard employment contract in contract, arrange relocation, and travel 7. Actively participate in the conformance with Namibian labor assistance for foreign nationals and their recruitment process by assessing health legislation and the hiring policies of the dependents with the necessary professionals’ skills and technical MoHSS. documentation, if applicable, for requirements. b. Set up a computerized personnel repatriation, and arrange transportation 8. Match health professionals’ skills, administration file, medical aid, for airport pick-up and departures. training, and experience with specific pension plan, and social security Based on its competitive advantage hospitals to facilitate technically viable payments for Namibian nationals and and proven field experience, the placements. non-Namibian nationals. winning applicant will undertake a 9. Provide technical guidelines and c. In concert with HHS and the broad range of activities to meet the instructions to contracted health Namibian MoHSS, compile the numerical Emergency Plan targets professionals to build capacity for VCT, necessary documentation and process outlined in this announcement. PMTCT, and ART. residency permits for employment of 10. Direct HRP in adapting to the Administration foreign nationals in Namibia. Namibian context, including, but not d. Register individuals with the Awardee must comply with all HHS limited to design; program materials; Namibian Social Security Commission management requirements for meeting quality assurance; monitoring and and the Ministry of Finance for tax participation and progress and financial evaluation; and providing purposes. reporting for this cooperative agreement recommendations. e. Assist with professional (see HHS Activities and Reporting 11. Direct HRP in adapting to the registration, establishment of bank sections below for details), and comply Namibian context, including, but not accounts, arrangements for with all policy directives established by limited to design; program materials; accommodation, moving of personal the Office of the U.S. Global AIDS quality assurance; monitoring and effects, schooling of dependents and Coordinator. evaluation; and providing other settling-in activities, as required. In a cooperative agreement, HHS staff recommendations. 3. Personnel Support and Human is substantially involved in the program 12. Develop performance-evaluation Resource Management. activities, above and beyond routine criteria for health professionals, a. Maintain personnel records and grant monitoring. including semi-annual and annual addresses, with all personnel-related HHS activities for this program are as performance evaluations. matters, on a professional and follows: 13. Monitor project and personnel consistent basis. 1. Collaborate with the applicant, the performance. b. Contact selected candidates and Namibian Ministry of Health and other 14. Monitor budget to ensure cost- offer employment within the agreed in-country and international partners to effective placement and timely financial scope of work and in accordance with assess, plan, implement and monitor reporting. the relevant Namibian labor legislation, activities under the cooperative 15. Organize an orientation meeting including processing remuneration agreement, including, but not limited to, with the grantee to brief them on packages with copies to HHS and the providing technical assistance and applicable U.S. Government, HHS, and Namibian MoHSS and the individual. training in monitoring and evaluation Emergency Plan expectations, c. Electronic transfer of paycheck in (M&E), based on the country needs, the regulations and key management local currency to personal banking HHS technical assistance portfolio, requirements, as well as report formats accounts. strategic-information guidance and contents. The orientation could

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include meetings with staff from HHS performance goals for the Emergency D. Strategic Information agencies and the Office of the U.S. Plan: • Number of persons trained in Global AIDS Coordinator. A. Prevention strategic information, direct. 16. Review and approve the process used by the grantee to select key Number of individuals trained to E. Expanded Indigenous Sustainable personnel and/or post-award provide HIV prevention interventions, Response subcontractors and/or subgrantees to be including abstinence, faithfulness, and, • Project-specific quantifiable involved in the activities performed for populations engaged in high-risk milestones to measure the following: under this agreement, as part of the behaviors,1 correct and consistent a. Indigenous capacity-building. Emergency Plan for AIDS Relief Country condom use. b. Progress toward sustainability. Operational Plan review and approval 1. Abstinence (A) and Be Faithful (B). II. Award Information process, managed by the Office of the • Number of community outreach U.S. Global AIDS Coordinator. and/or mass media (radio) programs that Type of Award: Cooperative 17. Review and approve grantee’s are A/B focused. Agreement. HHS involvement in this annual work plan and detailed budget, • Number of individuals reached program is listed in the Activities as part of the Emergency Plan for AIDS through community outreach and/or Section above. Relief Country Operational Plan review Fiscal Year Funds: 2005. mass media (radio) programs that are A/ Approximate Total Funding: and approval process, managed by the B focused. $15,809,580. Office of the U.S. Global AIDS B. Care and Support (This amount is an estimate, and is Coordinator. subject to availability of funds.) 18. Review and approve grantee’s 1. Confidential counseling and Approximate Number of Awards: monitoring and evaluation plan, testing. One. including for compliance with the • Number of patients who accept Approximate Average Award: strategic information guidance confidential counseling and testing in a $3,161,916. established by the Office of the U.S. health-care setting. (This amount is for the first 12-month Global AIDS Coordinator. • Number of clients served, direct. budget period and includes direct 19. Meet on a monthly basis with • Number of people trained in costs.) grantee to assess monthly expenditures confidential counseling and testing, Floor of Award Range: None. in relation to approved work plan and direct, including health-care workers. Ceiling of Award Range: $3,161,916. modify plans as necessary. 2. Orphans and Vulnerable Children (This ceiling is for the first 12-month 20. Meet on a quarterly basis with (OVC). budget period.) grantee to assess quarterly technical and • Number of service outlets/ Anticipated Award Date: September financial progress reports and modify programs, direct and/or indirect. 15, 2005. plans as necessary. • Budget Period Length: 12 months. Number of clients (OVC) served, Project Period Length: Five years. 21. Meet on an annual basis with direct and/or indirect. Throughout the project period, HHS’ grantee to review annual progress report • Number of persons trained to serve commitment to continuation of awards for each U.S. Government Fiscal Year, OVC, direct. will be conditioned on the availability and to review annual work plans and 3. Palliative Care: Basic Health Care of funds, evidence of satisfactory budgets for subsequent year, as part of and Support. progress by the recipient (as the Emergency Plan for AIDS Relief • Number of service outlets/programs documented in required reports), and review and approval process for that provide palliative care, direct and/ the determination that continued Country Operational Plans, managed by or indirect. funding is in the best interest of the the Office of the U.S. Global AIDS • Number of service outlets/programs Federal Government, through the Coordinator. that link HIV care with malaria and Emergency Plan for AIDS Relief review 22. Provide technical assistance, as tuberculosis care and/or referral, direct and approval process for Country mutually agreed upon, and revise and/or indirect. Operational Plans, managed by the annually during validation of the first • Number of clients served with Office of the U.S. Global AIDS and subsequent annual work plans. This palliative care, direct and/or indirect. Coordinator. could include expert technical • Number of persons trained in III. Eligibility Information assistance and targeted training providing palliative care, direct. activities in specialized areas, such as III.1. Eligible Applicants strategic information, project C. HIV Treatment with ART As a result of the impact of the management, confidential counseling • Number of clients enrolled in ART, Apartheid era, local organizations must and testing, palliative care, treatment direct and indirect. literacy, and adult learning techniques. possess cultural sensitivity and • Number of persons trained in awareness to work effectively with 23. Provide in-country administrative providing ART, direct. previously disadvantaged racial and support to help grantee meet U.S. cultural groups. The following type of Government financial and reporting 1 Behaviors that increase risk for HIV organizations, which have been requirements. transmission including engaging in casual sexual operational in Namibia for a minimum Please note: Either HHS staff or staff encounters, engaging in sex in exchange for money or favors, having sex with an HIV-positive partner of three years, may submit applications: from organizations that have • Private, non-profit organizations. successfully competed for funding or one whose status is unknown, using drugs or abusing alcohol in the context of sexual • For-profit organizations. under a separate HHS contract, interactions, and using intravenous drugs. Women, • Faith-based organizations. cooperative agreement or grant will even if faithful themselves, can still be at risk of • Community-based organizations. provide technical assistance and becoming infected by their spouse, regular male No other applications are solicited. training. partner, or someone using force against them. Other high-risk persons or groups include men who have Eligible applicants must have been Measurable outcomes of the program sex with men and workers who are employed away operational in Namibia for a minimum will be in alignment with the following from home. of three years.

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III.2. Cost Sharing or Matching Funds • Maximum number of pages: 25. If Additional requirements that could Matching funds are not required for your narrative exceeds the 25 page limit, require you to submit additional this program. Although matching funds we will only review the first pages documentation with your application within the page limit. are listed in section ‘‘VI.2. are not required, preference will go to • organizations that can leverage Font size: 12 point unreduced. Administrative and National Policy • Double-spaced. Requirements.’’ additional funds to contribute to • Paper size: 8.5 by 11 inches. program goals. • Page margin size: One inch. IV.3. Submission Dates and Times III.3. Other • Printed only on one side of page. Application Deadline Date: • Held together only by rubber bands September 12, 2005. If applicants request a funding or metal clips; not bound in any other Explanation of Deadlines: amount greater than the ceiling of the way. Applications must be received in the award range, HHS/CDC will consider • Must be submitted in English. HHS/CDC Procurement and Grants the application non-responsive, and it Your narrative should address Office by 4 p.m. Eastern Time on the will not enter into the review process. activities to be conducted over the deadline date. We will notify you that your application entire project period, and must include You may submit your application did not meet the submission the following items in the order listed: electronically at http://www.grants.gov. requirements. • Plan. We consider applications completed • Special Requirements Methods. online through Grants.gov as formally • Project Goals and Objectives. • submitted when the applicant If your application is incomplete or Project Contribution to the Goals organization’s Authorizing Official non-responsive to the special and Objectives of the Emergency Plan electronically submits the application to requirements listed in this section, it for AIDS Relief. • http://www.grants.gov. We will consider will not enter into the review process. Timeline (e.g., GANNT Chart). electronic applications as having met • Staff. We will notify you that your application the deadline if the applicant did not meet submission requirements. • Project Context and Background • (Understanding and Need). organization’s Authorizing Official has HHS/CDC will consider late submitted the application electronically applications non-responsive. See • Performance Measures. • Budget Justification. to Grants.gov on or before the deadline section ‘‘IV.3. Submission Dates and date and time. Times’’ for more information on You may include additional information in the application If you submit your application deadlines. electronically with Grants.gov, your • Note: Title 2 of the United States appendices. The appendices will not count toward the narrative page limit. application will be electronically time/ Code Section 1611 states that an date stamped, which will serve as organization described in Section This additional information includes the following: receipt of submission. You will receive 501(c)(4) of the Internal Revenue Code • an e-mail notice of receipt when HHS/ that engages in lobbying activities is not Curriculum Vitae or Resumes of current staff who will work on the CDC receives the application. eligible to receive Federal funds If you submit your application by the constituting an award, grant, or loan. activity. • Organizational Charts. United States Postal Service or IV. Application and Submission • Letters of Support. commercial delivery service, you must Information • Project Budget and Justification. ensure the carrier will be able to The budget justification will not guarantee delivery by the closing date IV.1. Address To Request Application count in the narrative page limit. and time. If HHS/CDC receives your Package Although the narrative addresses submission after closing because: (1) To apply for this funding opportunity activities for the entire project, the Carrier error, when the carrier accepted use application form PHS 5161–1. applicant should provide a detailed the package with a guarantee for HHS strongly encourages you to budget only for the first year of delivery by the closing date and time, or submit the application electronically by activities, while addressing budgetary (2) significant weather delays or natural using the forms and instructions posted plans for subsequent years. disasters, you will have the opportunity for this announcement at http:// You must have a Dun and Bradstreet to submit documentation of the carriers www.grants.gov. Data Universal Numbering System guarantee. If the documentation verifies Application forms and instructions (DUNS) number to apply for a grant or a carrier problem, HHS/CDC will are available on the HHS/CDC Web site, cooperative agreement from the Federal consider the submission as received by at the following Internet address: Government. The DUNS number is a the deadline. http://www.cdc.gov/od/pgo/ nine-digit identification number, which If you submit a hard copy application, forminfo.htm. uniquely identifies business entities. HHS/CDC will not notify you upon If you do not have access to the Obtaining a DUNS number is easy, and receipt of your submission. If you have Internet, or if you have difficulty there is no charge. To obtain a DUNS a question about the receipt of your accessing the forms on-line, you may number, access http:// application, first contact your courier. If contact the HHS/CDC Procurement and www.dunandbradstreet.com or call 1– you still have a question, contact the Grants Office Technical Information 866–705–5711. PGO–TIM staff at: 770–488–2700. Before Management Section (PGO–TIM) staff For more information, see the HHS/ calling, please wait two to three days at: 770–488–2700. We can mail CDC Web site at: http://www.cdc.gov/ after the submission deadline. This will application forms to you. od/pgo/funding/grantmain.htm. If your allow time for us to process and log application form does not have a DUNS submissions. IV.2. Content and Form of Submission number field, please write your DUNS This announcement is the definitive Application: You must submit a number at the top of the first page of guide on application content, project narrative with your application your application, and/or include your submission address, and deadline. It forms. You must submit the narrative in DUNS number in your application cover supersedes information provided in the the following format: letter. application instructions.

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If your submission does not meet the accordance with International Activities,’’ in all subagreements under deadline above, it will not be eligible for Accounting Standards or equivalent this award. These provisions must be review, and we will discard it. We will standard(s) approved in writing by express terms and conditions of the notify you that you did not meet the HHS/CDC. subagreement, must acknowledge that submission requirements. • A fiscal Recipient Capability compliance with this section, Assessment may be required, prior to or ‘‘Prostitution and Related Activities,’’ is IV.4. Intergovernmental Review of post award, in order to review the a prerequisite to receipt and Applications applicant’s business management and expenditure of U.S. government funds Executive Order 12372 does not apply fiscal capabilities regarding the in connection with this document, and to this program. handling of U.S. Federal funds. must acknowledge that any violation of the provisions shall be grounds for IV.5. Funding Restrictions Prostitution and Related Activities unilateral termination of the agreement Restrictions, which you must take The U.S. Government is opposed to prior to the end of its term. Recipients into account while writing your budget, prostitution and related activities, must agree that HHS may, at any are as follows: which are inherently harmful and reasonable time, inspect the documents • Funds may not be used for research. dehumanizing, and contribute to the and materials maintained or prepared • Reimbursement of pre-award costs phenomenon of trafficking in persons. by the recipient in the usual course of is not allowed. Any entity that receives, directly or its operations that relate to the Antiretroviral Drugs—The purchase of indirectly, U.S. Government funds in organization’s compliance with this antiretrovirals, reagents, and laboratory connection with this document section, ‘‘Prostitution and Related equipment for antiretroviral treatment (‘‘recipient’’) cannot use such U.S. Activities.’’ projects require pre-approval from the Government funds to promote or All prime recipients that receive U.S. GAP headquarters. advocate the legalization or practice of Government funds (‘‘prime recipients’’) • Needle Exchange—No funds prostitution or sex trafficking. Nothing in connection with this document must appropriated under this Act shall be in the preceding sentence shall be certify compliance prior to actual used to carry out any program of construed to preclude the provision to receipt of such funds in a written distributing sterile needles or syringes individuals of palliative care, treatment, statement that makes reference to this for the hypodermic injection of any or post-exposure pharmaceutical document (e.g., ‘‘[Prime recipient’s illegal drug. prophylaxis, and necessary name] certifies compliance with the • Funds may be spent for reasonable pharmaceuticals and commodities, section, ‘Prostitution and Related program purposes, including personnel, including test kits, condoms, and, when Activities.’’’) addressed to the agency’s travel, supplies and services. Equipment proven effective, microbicides. grants officer. Such certifications by may be purchased if deemed necessary A recipient that is otherwise eligible prime recipients are prerequisites to the to accomplish program objectives; to receive funds in connection with this payment of any U.S. Government funds however, prior approval by HHS/CDC document to prevent, treat, or monitor in connection with this document. officials must be requested in writing. HIV/AIDS shall not be required to Recipients’ compliance with this • All requests for funds contained in endorse or utilize a multisectoral section, ‘‘Prostitution and Related the budget shall be stated in U.S. approach to combating HIV/AIDS, or to Activities,’’ is an express term and dollars. Once an award is made, HHS/ endorse, utilize, or participate in a condition of receiving U.S. Government CDC will not compensate foreign prevention method or treatment funds in connection with this grantees for currency exchange program to which the recipient has a document, and any violation of it shall fluctuations through the issuance of religious or moral objection. Any be grounds for unilateral termination by supplemental awards. information provided by recipients HHS of the agreement with HHS in • The costs that are generally about the use of condoms as part of connection with this document prior to allowable in grants to domestic projects or activities that are funded in the end of its term. The recipient shall organizations are allowable to foreign connection with this document shall be refund to HHS the entire amount institutions and international medically accurate and shall include the furnished in connection with this organizations, with the following public health benefits and failure rates document in the event HHS determines exception: With the exception of the of such use. the recipient has not complied with this American University, Beirut, and the In addition, any recipient must have section, ‘‘Prostitution and Related World Health Organization, Indirect a policy explicitly opposing prostitution Activities.’’ Costs will not be paid (either directly or and sex trafficking. The preceding You may find guidance for through sub-award) to organizations sentence shall not apply to any ‘‘exempt completing your budget on the HHS/ located outside the territorial limits of organizations’’ (defined as the Global CDC Web site, at the following Internet the United States or to international Fund to Fight AIDS, Tuberculosis and address: http://www.cdc.gov/od/pgo/ organizations, regardless of their Malaria, the World Health Organization funding/budgetguide.htm. location. and its six Regional Offices, the IV.6. Other Submission Requirements • The applicant may contract with International AIDS Vaccine Initiative or other organizations under this program; to any United Nations agency). Application Submission Address: however, the applicant must perform a The following definition applies for HHS/CDC strongly encourages you to substantial portion of the activities purposes of this clause: submit electronically at http:// (including program management and • Sex trafficking means the www.grants.gov. You will be able to operations, and delivery of prevention recruitment, harboring, transportation, download a copy of the application services for which funds are required). provision, or obtaining of a person for package from http://www.grants.gov, • You must obtain an annual audit of the purpose of a commercial sex act. 22 complete it off-line, and then upload these HHS/CDC funds (program-specific U.S.C. 7102(9). and submit the application via the audit) by a U.S.-based audit firm with All recipients must insert provisions Grants.gov Web site. We will not accept international branches and current implementing the applicable parts of e-mail submissions. If you are having licensure/authority in-country, and in this section, ‘‘Prostitution and Related technical difficulties in Grants.gov, you

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may reach them by e-mail at 1. Technical Approach (20 Points) planned program activities. Is it [email protected] or by phone at 1– Does the applicant describe strategies consistent with the five-year strategy 800–518–4726 (1–800–518–GRANTS). that are pertinent and match those and goals of the President’s Emergency The Customer Support Center is open identified in the five-year strategy of the Plan and Emergency Plan activities in from 7 a.m. to 9 p.m. Eastern Time, President’s Emergency Plan and Namibia? Monday through Friday. activities that are evidence-based, V.2. Review and Selection Process HHS/CDC recommends that you realistic, achievable, measurable and submit your application to Grants.gov culturally appropriate in Nigeria to The HHS/CDC Procurement and early enough to resolve any achieving the goals of the Emergency Grants Office (PGO) staff will review unanticipated difficulties prior to the Plan? The extent to which the applications for completeness, and HHS deadline. You may also submit a back- applicant’s proposal includes an overall Global AIDS program will review them up paper submission of your design strategy, including measurable for responsiveness. Incomplete application. We must receive any such time lines; the extent to which the applications and applications that are paper submission in accordance with proposal addresses regular monitoring non-responsive to the eligibility criteria the requirements for timely submission and evaluation; and the potential will not advance through the review detailed in Section IV.3. of the grant effectiveness of the proposed activities process. Applicants will receive announcement. in meeting the numerical objectives of notification that their application did You must clearly mark the paper the Emergency Plan? not meet submission requirements. submission: ‘‘BACK-UP FOR 2. Understanding of the Problem (20 An objective review panel will ELECTRONIC SUBMISSION.’’ Points) evaluate complete and responsive The paper submission must conform Extent to which the applicant applications according to the criteria to all requirements for non-electronic demonstrates a clear and concise listed in the ‘‘V.1. Criteria’’ section submissions. If we receive both understanding of the nature of the above. All persons who serve on the electronic and back-up paper problem described in the Purpose panel will be external to the U.S. submissions by the deadline, we will section of this announcement. This Government Country Program Office in consider the electronic version the specifically includes description of the Namibia. The panel can include both official submission. public health importance of the planned Federal and non-Federal participants. We strongly recommended that you activities to be undertaken and realistic In addition, the following factors submit your grant application by using presentation of proposed objectives and could affect the funding decision: Microsoft Office products (e.g., projects. While U.S.-based organizations are Microsoft Word, Microsoft Excel, etc.). If eligible to apply, we will give you do not have access to Microsoft 3. Ability To Carry Out the Proposal (20 Points) preference to existing national/ Office products, you may submit a PDF Namibian organizations. It is possible file. You may find directions for The extent to which the applicant for one organization to apply as lead creating PDF files on the Grants.gov documents demonstrated capability to grantee with a plan that includes Web site. Use of files other than achieve the purpose of the project. Does partnering with other organizations, Microsoft Office or PDF could make the applicant demonstrate knowledge of preferably local. Although matching your file unreadable for our staff. the cultural and political realities in funds are not required, preference will Submit the original and two hard Namibia? be go to organizations that can leverage copies of your application by mail or 4. Personnel (15 Points) additional funds to contribute to express delivery service to the following The extent to which professional program goals. address: Technical Information personnel involved in this project are Applications will be funded in order Management—CDC–RFA–AA108, CDC qualified, including evidence of by score and rank determined by the Procurement and Grants Office, U.S. experience in working with HIV/AIDS, review panel. HHS/CDC will provide Department of Health and Human opportunistic infections, and HIV/STD justification for any decision to fund out Services, 2920 Brandywine Road, surveillance. Are the staff roles clearly of rank order. Atlanta, GA 30341. defined? V.3. Anticipated Announcement and V. Application Review Information 5. Plans for Administration and Award Dates V.1. Criteria Management of Projects (15 Points) September 15, 2005. Applicants must provide measures of Adequacy of plans for administering effectiveness that will demonstrate the the projects. VI. Award Administration Information accomplishment of the various 6. Monitoring, Evaluation and Reporting VI.1. Award Notices identified objectives of the cooperative (10 Points) Successful applicants will receive a agreement. Measures of effectiveness Is the plan to measure impact of Notice of Award (NoA) from the HHS/ must relate to the performance goals interventions, and the manner in which CDC Procurement and Grants Office. stated in the ‘‘Purpose’’ section of this they will be provided, adequate? Is the The NoA shall be the only binding, announcement. Measures must be plan to manage the resources of this authorizing document between the objective and quantitative, and must program and monitor and audit recipient and HHS/CDC. An authorized measure the intended outcome. expenditures adequate? Applicants must submit these measures Grants Management Officer will sign the of effectiveness with the application, 7. Budget (Reviewed, But Not Scored) NoA, and mail it to the recipient fiscal and they will be an element of The extent to which the itemized officer identified in the application. evaluation. budget for conducting the project, along Unsuccessful applicants will receive We will evaluate against the following with justification, is reasonable and notification of the results of the criteria: consistent with stated objectives and application review by mail.

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VI.2. Administrative and National 4. Final financial and performance Name: Clinical Laboratory Improvement Policy Requirements reports, no more than 90 days after the Advisory Committee (CLIAC). end of the project period. Times and Dates: 45 CFR Part 74 and Part 92 Recipients must be mail these reports 8:30 a.m.–5 p.m., September 7, 2005. For more information on the Code of to the Grants Management or Contract 8:30 a.m.–3 p.m., September 8, 2005. Federal Regulations, see the National Specialist listed in the ‘‘Agency Place: Doubletree Hotel (Atlanta/ Archives and Records Administration at Contacts’’ section of this announcement. Buckhead), 3342 Peachtree Rd. NE., Atlanta, the following Internet address: http:// Georgia 30326, Telephone: (404) 231–1234. VII. Agency Contacts Status: Open to the public, limited only by www.access.gpo.gov/nara/cfr/cfr-table- the space available. The meeting room search.html. We encourage inquiries concerning accommodates approximately 100 people. The following additional this announcement. Purpose: This committee is charged with requirements apply to this project: For general questions, contact: providing scientific and technical advice and • AR–4 HIV/AIDS Confidentiality Technical Information Management guidance to the Secretary of Health and Provisions. Section, CDC Procurement and Grants Human Services, the Assistant Secretary for • AR–6 Patient Care. Office, U.S. Department of Health and Health, and the Director, CDC, regarding the need for, and the nature of, revisions to the • AR–8 Public Health System Human Services, 2920 Brandywine Road, Atlanta, GA 30341, Telephone: standards under which clinical laboratories Reporting Requirements. are regulated; the impact on medical and • AR–10 Smoke-Free Workplace 770–488–2700. laboratory practice of proposed revisions to Requirements. For program technical assistance, the standards; and the modification of the • AR–14 Accounting System contact: Leonard Floyd, U.S. standards to accommodate technological Requirements. Department of State, U.S. Department of advances. Applicants can find additional Health and Human Services, 2540 Matters To Be Discussed: The agenda will information on these requirements can Windhoek Place, Washington, DC include updates from the Food and Drug Administration, the Centers for Medicare & be found on the HHS/CDC Web site at 20521–8320, Telephone: 011 264 61224 149, E-mail: [email protected]. Medicaid Services, and the Centers for the following Internet address: http:// Disease Control and Prevention; reports on www.cdc.gov/od/pgo/funding/ARs.htm. For financial, grants management, or the Institute for Quality in Laboratory You need to include an additional budget assistance, contact: Shirley Medicine, investigation and Certifications form from the PHS5161– Wynn, Grants Management Specialist, recommendations concerning proficiency 1 application in your Grants.gov CDC Procurement and Grants Office, testing for infectious diseases, status of electronic submission only. Please refer U.S. Department of Health and Human cytology proficiency testing; and, to http://www.cdc.gov/od/pgo/funding/ Services, 2920 Brandywine Road, presentations and discussion regarding appropriate quality control for diverse and PHS5161-1-Certificates.pdf. Once you Atlanta, GA 30341, Telephone: 770– 488–1515, E-mail: [email protected]. evolving test systems and marketing the have filled out the form, please attach to Good Laboratory Practices for Waived the Grants.gov submission as Other VIII. Other Information Testing Sites guidelines. Attachment Forms. Agenda items are subject to change as Applicants can find this and other priorities dictate. VI.3. Reporting Requirements HHS funding opportunity Providing Oral or Written Comments: It is You must provide HHS/CDC with an announcements on the HHS/CDC Web the policy of CLIAC to accept written public original, plus two hard copies of the site, Internet address: http:// comments and provide a brief period for oral following reports: www.cdc.gov. (Click on ‘‘Funding,’’ then public comments whenever possible. Oral Comments: In general, each individual or 1. Interim progress report, due no less ‘‘Grants and Cooperative Agreements’’), and on the Web site of the HHS Global group requesting to make an oral than 90 days before the end of the presentation will be limited to a total time of budget period. The progress report will Health Affairs, Internet address: http:// five minutes (unless otherwise indicated). serve as your non-competing www.globalhealth.gov. Speakers must also submit their comments in continuation application, and must Dated: August 11, 2005. writing for inclusion in the meeting’s contain the following elements: William P. Nichols, Summary Report. To assure adequate time is a. Current Budget Period Activities scheduled for public comments, individuals Director, Procurement and Grants Office, or groups planning to make an oral Objectives. Centers for Disease Control and Prevention, presentation should, when possible, notify b. Current Budget Period Financial U.S. Department of Health and Human the contact person below at least one week Progress. Services. prior to the meeting date. Written Comments: c. New Budget Period Program [FR Doc. 05–16373 Filed 8–17–05; 8:45 am] For individuals or groups unable to attend Proposed Activity Objectives. BILLING CODE 4163–18–P the meeting, CLIAC accepts written d. Budget. comments until the date of the meeting e. Measures of Effectiveness, (unless otherwise stated). However, the including progress against the DEPARTMENT OF HEALTH AND comments should be received at least one HUMAN SERVICES week prior to the meeting date so that the numerical goals of the President’s comments may be made available to the Emergency Plan for AIDS Relief for Committee for their consideration and public Namibia. Centers for Disease Control and Prevention distribution. Written comments, one hard f. Additional Requested Information. copy with original signature, should be 2. Annual progress report, due no Clinical Laboratory Improvement provided to the contact person below. Written comments will be included in the more than 60 days after the end of the Advisory Committee budget period. Reports should include meeting’s Summary Report. progress against the numerical goals of In accordance with section 10(a)(2) of Contact Person For Additional Information: Rhonda Whalen, Chief, the President’s Emergency Plan for the Federal Advisory Committee Act Laboratory Practice Standards Branch, AIDS Relief for Namibia. (Pub. L. 92–463), the Centers for Disease Division of Public Health Partnerships— 3. Financial status report no more Control and Prevention (CDC) Laboratory Systems, National Center for than 90 days after the end of the budget announces the following committee Health Marketing, Coordinating Center for period. meeting. Health Information and Service, CDC, 4770

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Buford Highway, NE., Mailstop F–11, Dated: August 12, 2005. ADDRESSES: Documents indicated in this Atlanta, Georgia 30341–3717; telephone Alvin Hall, preamble as being available in the (770)488–8042; fax (770)488–8279; or via e- Director, Management Analysis and Services docket are part of docket CGD05–05– mail at [email protected]. Office, Centers for Disease Control and 085 and are available for inspection or The Director, Management Analysis and Prevention. copying at Fifth District Marine Safety Services Office, has been delegated the authority to sign Federal Register Notices [FR Doc. 05–16359 Filed 8–17–05; 8:45 am] Division, 431 Crawford Street, pertaining to announcements of meetings and BILLING CODE 4163–18–P Portsmouth, VA 23704 between 7:30 other committee management activities, for a.m. and 4:30 p.m., Monday through CDC and the Agency for Toxic Substances Friday, except Federal Holidays. and Disease Registry. DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: Dated: August 15, 2005. SECURITY Commander Brian Hall, Fifth District Alvin Hall, Marine Safety Division at 757–398– Coast Guard 6520. Director, Management Analysis and Services Office, Centers for Disease Control and [CGD05–05–085] SUPPLEMENTARY INFORMATION: Sector Prevention. Hampton Roads is located at 4000 Coast [FR Doc. 05–16432 Filed 8–17–05; 8:45 am] Implementation of Sector Hampton Guard Blvd., Portsmouth, VA 23703– BILLING CODE 4163–18–P Roads 2199. A command center supporting Sector Hampton Roads is located at AGENCY: Coast Guard, DHS. Portsmouth, VA. A second command DEPARTMENT OF HEALTH AND ACTION: Notice of organizational change. center operated by SFO Eastern Shore HUMAN SERVICES will support the SFO and the SFO’s SUMMARY: The Coast Guard announces subordinate units along the Delmarva Centers for Disease Control and the stand-up of Sector Hampton Roads Peninsula in Delaware, Maryland, and Prevention and its subordinate unit, Sector Field Virginia. Sector Hampton Roads is Office (SFO) Eastern Shore. Sector composed of a Response Department, Disease, Disability, and Injury Hampton Roads is subordinate to the Prevention Department, and Logistics Prevention and Control Special Fifth Coast Guard District Commander. Department. All existing missions and Emphasis Panel (SEP): Epidemiologic The Sector Hampton Roads functions performed by Marine Safety Study of Inflammatory Bowel Disease, Commander has the authority, Office Hampton Roads, Group Hampton Request for Applications Number DP– responsibility, and missions of the prior Roads, and Group Eastern Shore have 05–130 Group Hampton Roads Commander, been realigned under this new Commanding Officer Marine Safety organizational structure as of July 15, In accordance with Section 10(a)(2) of Office Hampton Roads, Captain of the 2005. MSO Hampton Roads, Groups the Federal Advisory Committee Act Port (COTP), Officer in Charge, Marine Hampton Roads, and Group Eastern (Pub. L. 92–463), the Centers for Disease Inspection (OCMI), Federal on Scene Shore no longer exist as organizational Control and Prevention (CDC) Coordinator (FOSC), Federal Maritime entities. The boundary of the Sector announces the following meeting: Security Coordinator (FMSC), and Hampton Roads Marine Inspection, Name: Disease, Disability, and Injury Search and Rescue Mission Coordinator Captain of the Port Zone, and SMC Area Prevention and Control Special Emphasis (SMC). The Deputy Sector Commander of Responsibility (AOR) is as follows: Panel (SEP): Epidemiologic Study of is designated alternate COTP, FMSC, ‘‘Beginning at the intersection of the Inflammatory Bowel Disease, Request for FOSC, SMC and Acting OCMI. The Maryland-Delaware boundary and the Applications Number DP–05–130. Deputy Sector Commander also assumes coast at Fenwick Island and proceeds Time and Date: 1 p.m.–3 p.m., September active search suspension (ACTSUS) along the Maryland-Delaware boundary 23, 2005 (Closed). authority in the absence of the Sector to a point 75 degrees 30.0 minutes W. Place: Teleconference. Commander. The Commander of SFO Status: Portions of the meeting will be longitude; thence southerly to a point 75 closed to the public in accordance with Eastern Shore is subordinate to the degrees 30.0 minutes W. longitude on provisions set forth in Section 552b(c) (4) and Sector Commander and is vested with the Maryland-Virginia boundary, thence (6), Title 5 U.S.C., and the Determination of all the rights, responsibilities, duties, westerly along the Maryland-Virginia the Director, Management Analysis and and authority of a Group Commander, boundary as it proceeds across the Services Office, CDC, pursuant to Public Law which includes SMC. In the absence of Delmarva Peninsula, Pocomoke River, 92–463. the SFO Commander, SMC authority Tangier and Pocomoke Sounds, and Matters To Be Discussed: The meeting will may remain with the Acting Chesapeake Bay; thence northwesterly include the review, discussion, and Commander. However, active search along the Maryland-Virginia boundary evaluation of applications received in suspension (ACTSUS) authority will as those boundaries are formed along response to: Epidemiologic Study of revert to the Commander, Sector Inflammatory Bowel Disease, Request for the southern bank of the Potomac river Hampton Roads. A continuity of Applications Number DP–05–130. to the intersection of Prince William Contact Person For More Information: operations order has been issued County, Virginia; thence J. Felix Rogers, PhD, MPH, Scientific Review ensuring that all previous MSO northwestwardly along the Prince Administrator, National Center for Chronic Hampton Roads, Group Hampton Roads, William County, Virginia boundary to Disease Prevention and Health Promotion, and Group Eastern Shore practices and the intersection of Loudon County, 4770 Buford Highway, MS–K92, Atlanta, GA procedures will remain in effect until Virginia; thence westward following the 30341, Telephone (404) 639–6101. superseded by an authorized Coast Loudon County, Virginia boundary to The Director, Management Analysis and Guard official and/or document. This the intersection with Clarke County, Services Office, has been delegated the continuity of operations order addresses Virginia; thence northeasterly following authority to sign Federal Register notices existing COTP regulations, orders, pertaining to announcements of meetings and the Loudon County boundary to the other committee management activities, for directives and policies. intersection of the Clark County, both CDC and the Agency for Toxic DATES: This change was effective July Virginia-West Virginia boundaries; Substances and Disease Registry. 15, 2005. thence northwestward along the

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Virginia-West Virginia boundary and longitude; thence northwesterly to 38 Reid. Address: Commander, U.S. Coast continuing southwestward along the degrees 45 minutes N latitude, 75 Guard Sector Field Office Eastern Shore, Virginia-West Virginia boundary and degrees 04 minutes W. longitude; thence 3823 Main St., Chincoteague, VA the Virginia-Kentucky boundary to the west to the Maryland-Delaware 23336–1809. Contact: General Number: Tennessee boundary; thence eastward boundary; thence south along the (757) 336–2800; Emergency search and along the Virginia-Tennessee boundary Delaware state line to the southwest rescue: (757) 336–2889. to the Virginia-North Carolina corner; thence east along the Delaware Dated: August 4, 2005. state line to a point at 75 degrees 30 boundary; thence eastward to the sea. L.L. Hereth, The offshore boundary starts at Fenwick minutes W. longitude, thence south to the Virginia-Maryland state line to a Rear Admiral, U. S. Coast Guard, Island Light and proceeds east to a point Commander, Fifth Coast Guard District. point at 75 degrees 30 minutes W. 38 degrees 26.41 minutes N. latitude, 74 [FR Doc. 05–16412 Filed 8–17–05; 8:45 am] degrees 26.76 minutes W. longitude; longitude; thence south to 37 degrees 20 BILLING CODE 4910–15–P thence southeastwardly to a point 37 minutes N. latitude, 75 degrees 57 degrees 19.23 minutes N. latitude, 72 minutes W. longitude. degrees 13.22 minutes W. longitude; A chart depicting this area can be found on the Fifth District Web page at DEPARTMENT OF HOMELAND thence east to a point 37 degrees 19.23 _ SECURITY minutes N. latitude, 67 degrees 54.11 http://www.uscg.mil/d5/D5 Units/ minutes W. longitude; thence Sectors.htm. Bureau of Customs and Border The following information is a list of southeastwardly to the outermost extent Protection updated command titles, addresses and of the EEZ at a point 36 degrees 59.18 points of contact to facilitate requests Notice of Cancellation of Customs minutes N. latitude, 67 degrees 13.65 from the public and assist with entry minutes W. longitude; thence Broker License Due to Death of the into security or safety zones. Sector License Holder southwestwardly to a point 36 degrees Hampton Roads: Commander: CAPT R. 33 minutes N. latitude, 67 degrees 44.09 R. O’Brien, Jr., Deputy Sector AGENCY: Bureau of Customs and Border minutes W. longitude; thence west to a Commander: CDR J. S. Kenyon. point on the Virginia-North Carolina Protection, U.S. Department of Address: Commander, U.S. Coast Guard Homeland Security. boundary at a point 36 degrees 33 Sector Hampton Roads, 4000 Coast minutes N. latitude, 75 degrees 52.5 ACTION: General notice. ″ Guard Blvd., Portsmouth, VA 23703– minutes W. 2199. Contact: General Number: (757) The SFO Eastern Shore retains SMC 668–5555; Chief, Prevention SUMMARY: Notice is hereby given that, responsibility for an AOR that starts on Department: (757) 668–6635; Chief, pursuant to title 19 of the Code of the Virginia Coast at 37 degrees 20 Response Department: (757) 638–2703; Federal Regulations § 111.51(a), the minutes N. latitude, 75 degrees 57 Chief, Logistics Department: (757) 483– following individual Customs broker minutes W. longitude; thence proceeds 8515; Emergency search and rescue: licenses and any and all permits have east to 37 degrees 20 minutes N. (757) 483–8567. Sector Field Office been cancelled due to the death of the latitude, 72 degrees 14 minutes W. Eastern Shore: Commander: LCDR D. broker:

Name License No. Port Name

Rufus B. Lee ...... 2825 Mobile. Walter M. Cline ...... 06284 Tampa. Peter D. Alberdi ...... 06272 Tampa

Dated: August 12, 2005. DEPARTMENT OF HOMELAND ACTION: General notice. Jayson P. Ahern, SECURITY Assistant Commissioner, Office of Field SUMMARY: Pursuant to section 641 of the Operations. Bureau of Customs and Border Tariff Act of 1930, as amended, (19 Protection [FR Doc. 05–16374 Filed 8–17–05; 8:45 am] U.S.C. 1641) and the Customs BILLING CODE 4820–02–P Notice of Cancellation of Customs Regulations (19 CFR 111.51), the Broker License following Customs broker licenses are cancelled without prejudice. AGENCY: Bureau of Customs and Border Protection, U.S. Department of Homeland Security.

Name License No. Issuing Port

Open Harbor, Inc...... 21902 San Francisco. Associated Customhouse Brokers, Inc...... 9706 Tampa. World Broker Puerto Rico, Inc...... 21326 San Juan. Sig M. Glukstad, Inc. dba Miami International Forwarders ...... 6090 Miami.

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Dated: August 12, 2005. Special Flood Hazard Areas. As part of Type of Information Collection: Jayson P. Ahern, the agreement for making flood Revision of a currently approved Assistant Commissioner, Office of Field insurance available in a community, the collection. Operations. NFIP requires the community to adopt OMB Number: 1660–0008. [FR Doc. 05–16375 Filed 8–17–05; 8:45 am] a floodplain management ordinance Form Numbers: FEMA Form 81–31, BILLING CODE 4820–02–P containing minimum NFIP requirements intended to reduce future flood losses. Elevation Certificate, and FEMA Form One such requirement is that the 81–65, Flood Proofing Certificate. DEPARTMENT OF HOMELAND community require that buildings be Abstract: The Elevation Certificate SECURITY elevated to or above the base flood and Floodproofing Certificate are used elevation and, obtain the elevation of in conjunction with the application for Federal Emergency Management the lowest floor (including basement) of flood insurance. The certificates are Agency all new and substantially improved required for proper rating of post Flood structures, and maintain a record of all Agency Information Collection Insurance Rate Map (FIRM) structures, such information. These data should be which are buildings constructed after Activities: Proposed Collection; generated and retained as part of the Comment Request the publication of the FIRM, for flood community’s permit records. The insurance in Special Flood Hazard AGENCY: Federal Emergency Elevation Certificate is one convenient Areas. In addition, the Elevation Management Agency, Emergency way for a community to document Certificate is needed for pre-FIRM Preparedness and Response Directorate, building compliance; however, it is not structures being rated under post-FIRM U.S. Department of Homeland Security a prescribed form. The Floodproofing flood insurance rules. The certificates ACTION: Notice and request for Certificate may similarly be used to provide community officials and others establish the floodproofed design comments. standardized documents to readily elevation in those instances when record needed building elevation SUMMARY: The Federal Emergency floodproofing of non-residential information. Management Agency, as part of its structures is permitted. continuing effort to reduce paperwork The Elevation Certificate and The certificates are supplied to and respondent burden, invites the Floodproofing Certificate are used in insurance agents, community officials, general public and other Federal conjunction with the application in surveyors, engineers, architects, and agencies to take this opportunity to order to properly rate Post-FIRM NFIP policyholders/applicants. comment on proposed revised structures in Special Flood Hazard Surveyors, engineers, and architects information collections. In accordance Areas (44 CFR 61.7, 61.8) for flood complete the Elevation Certificate. with the Paperwork Reduction Act of insurance. Post-FIRM are those Engineers and architects complete the 1995 (44 U.S.C. 3506(c) (2) (A)), this buildings constructed after publication Floodproofing Certificate. Community notice seeks comments concerning the of the Flood Insurance Rate Map officials are provided the building Elevation Certificate and the (FIRM). In addition, the Elevation elevation information required to Floodproofing Certificate. The Elevation Certificate is needed for Pre-FIRM document and determine compliance Certificate is required by the NFIP to structures being rated under Post-FIRM with the community’s floodplain certify the elevations of the buildings to flood insurance rules. The standardized management ordinance. NFIP determine the proper flood insurance format of the Elevation Certificate policyholders/applicants provide the rate. It can also be used by communities (FEMA Forms 81–31) and Floodproofing appropriate certificate to insurance to document to what height new Certificate for Non-Residential agents. The certificate is then used in buildings and substantial improvements Structures (FEMA Forms 81–65) provide conjunction with the flood insurance in Special Flood Hazard Areas were community officials with needed data in application so that the building can be elevated so that communities can verify order to verity building elevation properly rated for flood insurance. building compliance including the information and determine compliance lowest floor determination. Affected Public: Individuals or with the community’s floodplain households, business or other for-profit, SUPPLEMENTARY INFORMATION: The management ordinance. National Flood Insurance Program not-for-profit institutions, farms, and (NFIP) regulations require the elevation Collection of Information State, local or tribal governments. or floodproofing of new or substantially Title: Post Construction Elevation Estimated Total Annual Burden improved structures in designated Certificate/Floodproofing Certificate. Hours:

ANNUAL BURDEN HOURS

No. of Frequency of Re- Burden Hours Per Annual Total Annual Project/Activity (Survey, Form(s), Focus Group, Respondents sponses Respondent Responses Burden Hours etc.) (A) (B) (C) (A×B) (A×B×C)

Elevation Certificate, FEMA Form 81–31 and 48,300 One per structure ...... 3.50 hours ...... 48,300 169,050 Instructions. Floodproofing Certificate, FEMA Form 81–65 .... 130 One per structure ...... 3.25 hours ...... 130 423 Web-based Training Module (Surveyors Video, 48,300 One per structure ...... 0.25 hour ...... 48,300 12,075 Surveyors Guide for EC, and Bldg. Diagrams and Photo).

Total ...... 48,430 ...... 48,430 181,548

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Estimated Cost: The cost to the DEPARTMENT OF THE INTERIOR comments or suggestions from the respondent is estimated to be a fee of public, other concerned governmental $200–$500 charged to the applicant by Fish and Wildlife Service agencies, the scientific community, the private sector professional industry, or any other interested parties Draft Post-Delisting Monitoring Plan completing the Elevation or concerning this proposed PDM. for Eggert’s Sunflower (Helianthus Comments may be submitted as Floodproofing Certificate. The annual eggertii) cost to 48,300 respondents × an average indicated under ADDRESSES. Our cost of $350 is estimated to be AGENCY: Fish and Wildlife Service, practice is to make comments, including names and home addresses of approximately $16,950,500 annually. Interior. respondents, available for public review ACTION: Notice. Comments: Written comments are during regular business hours. A solicited to (a) evaluate whether the SUMMARY: The U.S. Fish and Wildlife respondent may request that we proposed data collection is necessary for Service (we) announces the availability withhold their home address from the the proper performance of the agency, of the Draft Post-delisting Monitoring rulemaking record, which we will honor including whether the information shall Plan for Eggert’s Sunflower (Helianthus to the extent allowable by law. There have practical utility; (b) evaluate the eggertii) (PDM). We propose to monitor also may be circumstances in which we accuracy of the agency’s estimate of the the status of Eggert’s sunflower over a 5- would withhold from the rulemaking burden of the proposed collection of year period, from the date of final record a respondent’s identity, as information, including the validity of delisting under the Endangered Species allowable by law. If you wish us to the methodology and assumptions used; Act (Act) in 2005 through 2010. withhold your name and/or address, (c) enhance the quality, utility, and Monitoring will be through (1) annual you must state this prominently at the clarity of the information to be evaluation of information already beginning of your comment. However, collected; and (d) minimize the burden routinely being collected by 7 agencies we will not consider anonymous comments. We will make all of the collection of information on those that have entered into long-term submissions from organizations or who are to respond, including through management agreements with us covering 27 populations of H. eggertii, businesses available for public the use of appropriate automated, inspection in their entirety. electronic, mechanical, or other and (2) a total census of these populations during the 2nd and 5th year In making a final decision on the technological collection techniques or PDM, we will take into consideration other forms of information technology, of the monitoring period. We solicit review and comment on this Monitoring the comments and any additional e.g., permitting electronic submission of Plan from local, State and Federal information we receive. Comments and responses. Comments should be agencies, and the public. materials received, as well as supporting received within 60 days of the date of information used to write the PDM, will DATES: We will accept and consider all this notice. be available for public inspection, by public comments received on or before appointment, during normal business ADDRESSES: Interested persons should September 19, 2005. hours at the address indicated in the submit written comments to George S. ADDRESSES: If you wish to comment on ADDRESSES section. Trotter, Acting Chief, Information this proposed PDM, you may submit Resources Management Branch, your comments by any one of several Background Information Technology Services methods: The 1988 amendments to the Act Division, Federal Emergency 1. You may submit written comments require us to implement a system, in Management Agency, 500 C Street, SW., and information to the Field Supervisor, cooperation with the States, to monitor Room 316, Washington, DC 20472. U.S. Fish and Wildlife Service, 446 Neal all species that have been delisted, or Street, Cookeville, TN 38501. removed from the list of endangered and FOR FURTHER INFORMATION CONTACT: 2. You may hand-deliver written threatened species listed under the Act, Contact Jhun de la Cruz, Insurance comments to our Tennessee Field Office due to recovery efforts for at least 5 Examiner, Mitigation Division, (202) at the above address or fax your years following delisting (section 646–2650 for additional information. comments to 931/528–7075. 4(g)(1)). The purpose of this PDM is to You may contact Ms. Anderson for Comments and materials received, as verify that a species that is delisted, due copies of the proposed collection of well as supporting documentation used to recovery, remains secure from risk of information at telephone number (202) in preparation of this draft PDM, are extinction after it no longer has the 646–2625 or facsimile number (202) available for public inspection, by protections of the Act. If the species 646–3347 or e-mail appointment, during normal business does not remain secure, we can use the [email protected]. hours at the Tennessee Field Office at emergency listing authorities under the above address. Dated: August 11, 2005. section 4(b)(7) of the Act. Section 4(g) of FOR FURTHER INFORMATION CONTACT: the Act explicitly requires cooperation George S. Trotter, Timothy Merritt at the above address with the States in development and Acting Branch Chief, Information Resources (telephone 931/528–6481, extension implementation of PDM programs. Management Branch, Information 211). However, we are responsible for Technology Services Division. SUPPLEMENTARY INFORMATION: compliance with section 4(g) and must [FR Doc. 05–16382 Filed 8–17–05; 8:45 am] remain actively engaged in all phases of BILLING CODE 9110–11–P Public Comments Solicited the PDM. We intend that the final PDM for By a separate rulemaking being H. eggertii will be accurate and effective published elsewhere in today’s issue of in helping us assess whether removal of the Federal Register, the Service is the protections of the Act leads to a delisting Eggert’s sunflower, a perennial deterioration of the status, and potential herb found in Alabama, Kentucky, and need for emergency relisting, of Tennessee, due to recovery and new H. eggertii. Therefore, we solicit information. The Service has drafted a

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PDM for Eggert’s sunflower and, by this annually evaluate the effectiveness of is not presently (e.g., occasional stems Notice of Availability, we are making it the Cooperative Management of an invasive pest plant are present). A available for review. Following the end Agreements in protecting H. eggertii moderate threat rank (3) would indicate of the comment period, any comments populations. To detect any changes in that the threat is established at the will be incorporated as appropriate into the status of H. eggertii, we will use, to occurrence, but does not appear to be the final PDM. the fullest extent possible, information negatively impacting the occurrence at There are currently 7 populations of routinely collected by these agencies on the time of observation. A high threat Eggert’s sunflower in Alabama, 18 a yearly basis. In addition, we will rank (4) should be given when the threat populations in Kentucky, and 48 ensure that a total population census is established at the site and appears to populations in Tennessee, for a total of that includes both flowering stems and be negatively impacting the occurrence. 73, that have more than 100 flower total stems will be conducted during the The extreme rank (5) would be given stems. This encompasses a total of 287 second and fifth years of the monitoring when the threat is immediate and likely currently known sites, far exceeding the period for the 27 populations that are to severely negatively impact the 34 known at the time of the species’ protected on public lands. Based on the occurrence within the present or next listing, and we continue to find more recovery criteria of needing 20 year’s growing season. sites. As defined by the recovery plan geographically distinct, self-sustaining (10) Make qualitative notes on the for this plant, only 20 populations are populations that are secure and have general habitat conditions and any land required for this plant to be considered stable or increasing populations for 5 management. Describe the status of the for delisting. years, we believe that monitoring the 27 occurrence in general. The Federal, State, and private populations that occur on public lands If we determine at the end of the 5- conservation group landowners is sufficient to determine if threats have year post-delisting monitoring period involved in recovery activities for this been reduced or removed to a point at that ‘‘recovered’’ status is still species (see the final delisting rule for which listing under the Act is no longer appropriate and factors that led to the H. eggertii elsewhere in this issue of the required. listing of H. eggertii, or any new factors, Federal Register) are already monitoring Monitoring for H. eggertii should remain sufficiently reduced or the status of this species, either through ideally be performed between August 15 eliminated, monitoring may be reduced existing agreements or voluntarily. and September 15, although the season or terminated. If data show that the Kentucky Transportation Cabinet (KTC), may begin as early as August 1 and end species is declining or if one or more The Nature Conservancy (TNC), and as late as October 15 depending on factors that have the potential to cause Mammoth Cave National Park (MCNP) environmental conditions (e.g., amount a decline are identified, we will have signed management agreements of rain during the growing season, etc.). continue monitoring beyond the 5-year with us, covering 5 populations in The following protocol will be used to period and may modify the PDM based Kentucky, to protect this species and monitor the 27 populations that are on an evaluation of the results of the monitor its status for a period of 7 years protected on public lands. initial PDM, or reinitiate listing if for KTC and 10 years for TNC and (1) Find the monitoring location using necessary. MCNP. We also have Cooperative a combination of directions and a GPS Paperwork Reduction Act of 1995 (44 Management Agreements with the unit. U.S.C. 3501 et seq.) Tennessee Wildlife Resources Agency (2) Evaluate the location for the Office of Management and Budget (TWRA), A.G. Beaman Park (AGBP), and presence/absence of Eggert’s sunflower. Arnold Air Force Base (AAFB) covering (3) Count to determine if there are (OMB) regulations at 5 CFR 1320 21 populations in Tennessee, bringing ±100 flowering stems. implement provisions of the Paperwork the total number of populations (4) Count the total stems. Reduction Act (44 U.S.C. 3501 et seq.). managed under long-term conservation (5) Search for evidence of any The OMB regulations at 5 CFR 1320.3 agreements to 27, considerably more recruitment or juvenile plants and note (c) define a ‘‘collection of information’’ than the 20 populations required for the relative abundance. as the obtaining of information by or for recovery in the H. eggertii recovery plan. (6) Take a GPS reading at the center an agency by means of identical These landowners will protect these of each colony and estimate its width questions posed to, or identical populations and monitor their status for and length. reporting, recordkeeping, or disclosure a period of 10 years. We will seek active (7) Draw the general shape of the requirements imposed on, 10 or more participation of all the entities that colony and other land features. persons. Furthermore, 5 CFR 1320.3 signed Cooperative Management (8) Take digital pictures of the colony (c)(4) specifies that ‘‘10 or more Agreements to assist us with the post- from a single point such as one corner persons’’ refers to the persons to whom delisting responsibilities for H. eggertii. looking across the colony. a collection of information is addressed Given the protection afforded by (9) Perform a visual threats by the agency within any 12-month landowners, the current range of this assessment of each occurrence using the period. For purposes of this definition, sunflower, and the number of newly five following criteria: Invasive pest employees of the Federal Government discovered populations, we believe plants, habitat modification, succession are not included. A Federal agency may what is needed for recovery of this plant of woody species, disease, and not conduct or sponsor and a person is has been achieved and that the herbivory/insect damage. Assign ranks not required to respond to a collection landowners involved will continue to for each threat on the following scale: 1 of information unless it displays a assist us and likely extend their = no current threat, 2 = low current currently valid OMB control number. management agreements to protect this threat, 3 = moderate threat, 4 = high The proposed PDM for Eggert’s plant past 7 to 10 years. threat, 5 = extreme immediate threat. A sunflower requests that cooperating Our Tennessee Field Office will rank of ‘‘1’’ indicates that the particular land owners/managers annually provide coordinate with AAFB, TWRA, AGBP, threat poses no impact at the time of the Service with population information MCNP, KTC, TNC, and State resource observation (e.g., there are no invasive they routinely collect. These agencies to implement an effective 5- pest plants present in the area). A low information requirements do not, year monitoring program to track the threat rank (2) would indicate that the however, require OMB approval under population status of H. eggertii. We will site may be impacted in the future, but the Paperwork Reduction Act, because

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there are fewer than 10 non-Federal one location in St. Croix, USVI. Little protection under the Act is no longer respondents. information is available regarding the necessary. As recovery criteria are met, status of the species in Barbuda, the status of the species will be Author Antigua, and Guadalupe. The two reviewed, and it will be considered for The primary author of this proposed currently known locations in Puerto reclassification to threatened status or rule is Timothy Merritt (see ADDRESSES Rico and the USVI are privately-owned, for removal from the Federal List of section). and are subject to development pressure Endangered and Threatened Wildlife Authority for residential and tourism projects. The and Plants (50 CFR part 17). risk of extinction is high because so few The information on the current The authority for this action is the individuals of Catesbaea melanocarpa number of individuals throughout the Endangered Species Act of 1973 (16 U.S.C. are known to occur in limited areas. species’ range, and the knowledge of 1531 et seq.). Additionally, the species is threatened biology, habitat requirements, and Dated: July 5, 2005. by catastrophic natural events, such as genetic information is limited. However, Cynthia K. Dohner, hurricanes, as well as human induced the Service has developed downlisting Acting Regional Director. fires. Catesbaea melanocarpa was listed and delisting criteria for Catesbaea [FR Doc. 05–16275 Filed 8–17–05; 8:45 am] as endangered under the Endangered melanocarpa. These criteria are intended to provide long-term BILLING CODE 4310–55–P Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act) on March 17, sustainability of the endangered 1999 (64 FR 13116). Catesbaea melanocarpa. Long term DEPARTMENT OF THE INTERIOR Restoring an endangered or sustainability requires adequate threatened animal or plant to the point reproduction for replacement of losses Fish and Wildlife Service where it is again a secure, self- due to natural mortality factors sustaining member of its ecosystem is a (including disease and stochastic Notice of Availability of the Recovery primary goal of our endangered species events), sufficient genetic robustness to Plan for the Endangered Catesbaea program. To help guide the recovery avoid inbreeding depression and allow melanocarpa effort, we prepare recovery plans for adaptation, sufficient habitat for long most listed species. Recovery plans term population maintenance, and AGENCY: Fish and Wildlife Service, describe actions considered necessary elimination or control of threats. Interior. for conservation of the species, establish Downlisting of the species from ACTION: Notice of document availability. criteria for downlisting or delisting endangered to threatened status will be considered when: (1) The habitat known SUMMARY: We, the Fish and Wildlife them, and estimate time and cost for Service, announce the availability of the implementing recovery measures. to support the two extant populations ˜ final recovery plan for Catesbaea The Act requires the development of (St. Croix and Penones de Melones) is enhanced and protected through melanocarpa (no common name). This recovery plans for listed species unless such a plan would not promote the landowner conservation agreements or endangered plant species is a small conservation of a particular species. easements; (2) extant populations are spiny shrub of the family Rubiacea. It is Section 4(f) of the Act requires us to enhanced through the planting of extremely rare and is known from provide public notice and an additional propagated individuals to Puerto Rico, St. Croix in the U.S. Virgin opportunity for public review and augment the number of adult Islands, Barbuda, Antigua, and comment during recovery plan individuals to at least 250; (3) at least Guadeloupe. The recovery plan includes development. A notice of availability of one population within each of the specific recovery goal/objectives and the technical agency draft recovery plan following previously occupied habitat is criteria to be met to delist Catesbaea for Catesbaea melanocarpa was found and/or established: Gua´nica melanocarpa under the Endangered published in the Federal Register on Commonwealth Forest (PR), Susu´ a Species Act of 1973, as amended. September 27, 2004 (69 FR 57712). A Commonwealth Forest (PR), Barbuda, ADDRESSES: Copies of this recovery plan 60-day comment period was opened Antigua, and Guadalupe; and (4) are available on the Internet at http:// with the notice, closing on November research is conducted on key biological endangered.fws.gov/recovery/ 26, 2004. We received comments from and genetic issues, including effective index.html#plans or by request from the two interested parties and from two propagation techniques, and number of Caribbean Field Office, U.S. Fish and experts on Catesbaea melanocarpa who individuals within a population and Wildlife Service, P.O. Box 491, served as peer reviewers of the recovery number of populations needed for the Boquero´n, Puerto Rico 00622 (telephone plan. On April 19, 2005, we published establishment of self-sustaining 787/851–7297). in the Federal Register a notice of populations and a viable overall FOR FURTHER INFORMATION CONTACT: reopening the comment period for the population. Marelisa Rivera at the above address agency draft recovery plan to solicit Catesbaea melanocarpa will be (telephone 787/851–7297, ext. 231). comments on revised ‘‘Recovery Goal’’ considered for delisting when: (1) A SUPPLEMENTARY INFORMATION: and ‘‘Recovery Criteria’’ sections (70 FR number of viable populations (to be 20396). A 30-day comment period was determined following the appropriate Background opened with the notice, closing on May studies) are protected by long term Catesbaea melanocarpa belongs to a 19, 2005. We received comments from conservation strategies; (2) viable genus that consists of ten or more two interested parties. Comments and populations (the number of which species of spiny shrubs. Catesbaea information submitted were considered should be determined following the melanocarpa is extremely rare and is in the preparation of this final plan and, appropriate studies) are established in known from Puerto Rico, St. Croix in where appropriate, incorporated. previously unoccupied but suitable the U.S. Virgin Islands (USVI), Barbuda, habitat at Sandy Point National Wildlife Antigua, and Guadeloupe. In the U.S. Recovery Plan Refuge (USVI), Cabo Rojo National Caribbean, it is known from only one The objective of this recovery plan is Wildlife Refuge (PR), La Tinaja in Sierra individual in Cabo Rojo, Puerto Rico, to provide a framework for the recovery Bermeja (Laguna Cartagena National and approximately 100 individuals in of Catesbaea melanocarpa so that Wildlife Refuge, PR), and any other

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identified suitable conservation area ACTION: Notice of meetings. management, socioeconomic, and other within the dry forest zone; and (3) the issues as appropriate. numbers of populations, their sizes, SUMMARY: The McInnis Canyons All meeting will be open to the public genetic makeup and distribution needed National Conservation Area (MCNCA) and will include a time set aside for to ensure self-sustainability are Advisory Council will hold its next public comment. Interested persons may determined and achieved. meeting of 2005 on September 7, 2005. make oral statements at the meetings or In an effort to meet the recovery The meeting will begin at 3 p.m. and submit written statements at any criteria, the following recovery actions will be held at the Fruita City Office meeting. Per-person time limits for oral were identified. The Recovery Plan Building, 325 East Aspen Avenue, statements may be set to allow all breaks these actions down further into Fruita, CO. An additional meeting will interested persons an opportunity to specific tasks. be held on December 7, 2005 at the speak. 1. Protect existing populations (St. Mesa County Administration Building; Summary minutes of all Council Croix and Cabo Rojo) from current and 544 Rood Avenue, Grand Junction, CO. meetings will be maintained at the future threats and/or limiting factors DATES: The meeting will be held on Bureau of Land Management Office in through landowner agreements and September 7, 2005. Grand Junction, Colorado. They are other conservation mechanisms. ADDRESSES: For further information or available for public inspection and 2. Determine the distribution and to provide written comments, please reproduction during regular business population status of Catesbaea contact the Bureau of Land Management hours within thirty (30) days following melanocarpa throughout its present and (BLM), 2815 H Road, Grand Junction, the meeting. historic range, including Barbuda, Colorado 81506; (970) 244-3000. Dated: August 5, 2005. Antigua, and Guadalupe. SUPPLEMENTARY INFORMATION: The Paul H. Peck, 3. Evaluate techniques and develop a McInnis Canyons National Conservation Manager, McInnis Canyons National plant propagation program for Area was established on October 24, Conservation Area. Catesbaea melanocarpa. 2000 when the Colorado Canyons [FR Doc. 05–16356 Filed 8–17–05; 8:45 am] 4. Enhance existing populations and National Conservation Area was BILLING CODE 4310–JB–M establish new self-sustaining established on October 24, 2000 when populations (number of which should the Colorado Canyons National be determined by viability analysis) Conservation Area and Black Ridge DEPARTMENT OF THE INTERIOR within protected areas by introducing Wilderness Act of 2000 (the Act) was Bureau of Land Management additional individuals developed signed by the President. The Act through propagation. Introduction sites required that the Advisory Council be [NV–055–5853–EU] may include, but are not limited to, the established to provide advice in the Gua´nica Commonwealth Forest, Susu´ a preparation and implementation of the Notice of Realty Action: Competitive Commonwealth Forest, Sandy Point CCNCA Resource Management Plan. Sale of Public Lands in Clark County, National Wildlife Refuge, and Cabo Rojo The name was congressionally changed NV; Termination of Recreation and National Wildlife Refuge. at the end of 2004 from Colorado Public Purposes Classification and 5. Conduct additional scientific Canyons National Conservation Area to Segregation; Withdrawal of the research on Catesbaea melanocarpa. McInnis Canyons National Conservation Formerly Classified Lands by the 6. Facilitate the recovery of Catesbaea Area (MCNCA). Southern Nevada Public Land melanocarpa through public awareness The MCNCA Advisory Council will Management Act and education. meet on Wednesday, September 7, 2005 AGENCY: Bureau of Land Management, 7. Provide technical assistance to at the Fruita City Office Building, 325 Department of the Interior. Barbuda, Antigua, and Guadalupe for East Aspen Avenue, Fruita, CO. The ACTION: Notice of realty action. the development of conservation agenda topics for this meeting are: measures for the species. (1) Status of pending Advisory SUMMARY: The Bureau of Land 8. Refine recovery criteria. Council nominations. Management (BLM) proposes to sell by Authority (2) Update on Friends of McInnis public auction 86 parcels of Federal Canyons NCA. public land, aggregating approximately The authority for this action is section (3) Update on NCA Implementation 3,197.00 acres, more or less, in the Las 4(f) of the Act, 16 U.S.C. 1533(f). Plan. Vegas Valley, Nevada. The sale will be Dated: July 11, 2005. (4) Cooperative management of Loma under the authority of the Southern Cynthia K. Dohner, Boat Launch. (Field trip to site Nevada Public Land Management Act of Acting Regional Director. included.) 1998 (112 Stat. 2343), as amended by [FR Doc. 05–16372 Filed 8–17–05; 8:45 am] (5) Public comment period Title IV of the Clark County BILLING CODE 4310–55–P (6) Agenda for next meeting Conservation of Public Land and Beginning September of 2005, the Natural Resources Act of 2002 (116 Stat. MCNCA Advisory Council meetings 1994) (SNPLMA). The SNPLMA sale DEPARTMENT OF THE INTERIOR will be held quarterly on the first will be subject to the applicable Wednesday of every third month. The provisions of Sections 203 and 209 of Bureau of Land Management dates for these meetings are September the Federal Land Policy and 7, 2005; and December 7, 2005. Management Act of 1976 (FLPMA) (43 [Docket No. CO–01–134–1220–241A] Meetings for 2006 will be determined at U.S.C. 1713 and 1719), and BLM land McInnis Canyons National the December meeting. Topics of sale and mineral conveyance regulations Conservation Area Advisory Council discussion for future meetings will at 43 CFR parts 2710 and 2720. The sale Meeting include completion of an will be conducted in Las Vegas, Nevada, implementation/business plan, on November 16, 2005, using AGENCY: Bureau of Land Management refinement of a monitoring strategy, competitive bidding procedures under Interior. partnerships, interpretation, adaptive the regulations, at not less than the

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appraised fair market value (FMV) of submitted to BLM at the following Mount Diablo Meridian, Nevada each parcel. address: T. 19 S., R. 59 E., BLM may also continue the auction of Field Manager, Las Vegas Field Office, Sec. 02, Lots 27 and 28; up to five additional parcels near Bureau of Land Management, 4701 N. Sec. 13, NE1⁄4NE1⁄4NE1⁄4NE1⁄4; 1 1 1 Laughlin, Nevada (hereinafter, ‘‘the Torrey Pines Drive, Las Vegas, Nevada Sec. 25, NE ⁄4SW ⁄4SW ⁄4. T. 19 S., R. 60 E., Laughlin parcels’’), which remain 89130. 1 1 1 1 unsold from a BLM competitive oral Sec. 19, Lot 23, E ⁄2NE ⁄4NE ⁄4SW ⁄4; More detailed information regarding Sec. 29, E1⁄2NE1⁄4SW1⁄4NW1⁄4; auction held in Laughlin, Nevada, on 1 1 1 1 the proposed sale and the SNPLMA Sec. 30, E ⁄2NE ⁄4NE ⁄4NE ⁄4, June 15, 2005. These five parcels lands and the Laughlin parcels may be SE1⁄4NW1⁄4SE1⁄4NE1⁄4. aggregate approximately 1,796.65 acres reviewed during normal business hours T. 20 S., R. 60 E., and have been for sale on the Internet (7:30 a.m. to 4:30 p.m.) at the BLM Las Sec. 06, NE1⁄4NW1⁄4SE1⁄4SW1⁄4, since the June 15, 2005, sale. If not sold SE1⁄4NW1⁄4SE1⁄4SW1⁄4; Vegas Field Office (LVFO). 1 1 1 1 on the Internet by November 16, 2005, The address for oral bidding Sec. 22, S ⁄2NE ⁄4NW ⁄4SE ⁄4. T. 21 S., R. 60 E., BLM will take oral bids on these parcels registration, and the location of the Sec. 09, W1⁄2SE1⁄4SE1⁄4NW1⁄4, at not less than the appraised fair public auction, is: SE1⁄4SW1⁄4NW1⁄4. market value of each parcel, at the Cashman Center, 850 Las Vegas T. 22 S., R. 60 E., proposed November 16, 2005, sale. Boulevard North, Las Vegas, NV Sec. 10, W1⁄2NE1⁄4NE1⁄4NE1⁄4; Sealed bids may also be submitted for 89101. Sec. 13, S1⁄2NW1⁄4NW1⁄4NE1⁄4, 1 1 1 1 these parcels. These parcels are not The auction will take place inside the W ⁄2NE ⁄4NW ⁄4NE ⁄4, within the SNPLMA disposal boundary NE1⁄4SE1⁄4NW1⁄4NE1⁄4, Cashman Theater located in the 1 1 1 1 and are sold solely under the authority NE ⁄4SW ⁄4NW ⁄4NE ⁄4, southwest corner of the Cashman Center SW1⁄4SW1⁄4NW1⁄4NE1⁄4, of FLPMA. They were originally noticed with entrance to the Theater between SE1⁄4SW1⁄4NW1⁄4NE1⁄4, for sale in the Federal Register on Parking Lots ‘‘B’’ and ‘‘C’’. Registration SW1⁄4SE1⁄4NW1⁄4NE1⁄4, March 30, 2005, at 70 FR 16301. That will take place in the Theater Lobby. SE1⁄4SE1⁄4NW1⁄4NE1⁄4; notice provides that, ‘‘If not sold, any Cashman Center charges a $3 per Sec. 14, SW1⁄4NE1⁄4SE1⁄4; parcel described above in this Notice Sec. 15, N1⁄2SE1⁄4SE1⁄4SE1⁄4, vehicle parking fee. Parking Passes will 1 1 1 1 may be identified for sale at a later date be provided to those individuals who SW ⁄4SE ⁄4SE ⁄4SE ⁄4; Sec. 16, NE1⁄4NE1⁄4SE1⁄4NE1⁄4, without further legal notice.’’ 70 FR at pre-register and pick-up a Sale Packet at 1 1 1 1 16303. More information on these SE ⁄4NE ⁄4SE ⁄4NE ⁄4, the LVFO prior to the day of the sale. NE1⁄4NW1⁄4SE1⁄4NE1⁄4, parcels, as well as all parcels involved 1 1 1 1 They will be sent with the sale packet SE ⁄4NW ⁄4SE ⁄4NE ⁄4; with the November 16 sale, is available to everyone on the sale mailing list. Sec. 17, NE1⁄4NE1⁄4SE1⁄4; at http://propertydisposal.gsa.gov. If Give the Pass to the attendant when you Sec. 19, Lots 22, 23–26, 32, 38, 40–44, 46, sold on the Internet or at the November enter the parking area. If you don’t have 48, 49, 51–54, 56–58, 1 1 1 1 16, 2005, sale, these parcels will be sold a Pass you will be required to pay the NW ⁄4NW ⁄4NE ⁄4NE ⁄4, SW1⁄4NW1⁄4NE1⁄4NE1⁄4, under the terms of conditions of the fee. There will be no exceptions. SE1⁄4NW1⁄4NE1⁄4NE1⁄4, original notice at 70 FR 16301. BLM’s Directions to the Cashman Center NE1⁄4SW1⁄4NE1⁄4NE1⁄4, decision to sell the Laughlin parcels has from Boulder City, Henderson, or the NW1⁄4SE1⁄4NE1⁄4NE1⁄4, already undergone notice and comment Southeast Area of Las Vegas: Take U.S. NE1⁄4NE1⁄4NW1⁄4NE1⁄4, procedures pursuant to the sale 95 North. Exit on Las Vegas Blvd. North. SE1⁄4NE1⁄4NW1⁄4NE1⁄4, regulations at 43 CFR part 2700. Turn right on Washington Ave. Turn SE1⁄4SW1⁄4SE1⁄4NE1⁄4, Environmental documentation prepared right on Washington to Cashman Center SW1⁄4NE1⁄4NE1⁄4NW1⁄4, pursuant to the National Environmental SE1⁄4NE1⁄4NE1⁄4NW1⁄4, (850 Las Vegas Blvd. North). 1 1 1 1 Policy Act for sale of the Laughlin Directions to the Cashman Center NW ⁄4NW ⁄4NE ⁄4NW ⁄4, SW1⁄4NW1⁄4NE1⁄4NW1⁄4, parcels has also undergone a public from Reno or the Northwest Area of Las SE1⁄4NW1⁄4NE1⁄4NW1⁄4, comment period. Therefore, BLM will Vegas: Take U.S. 95 South. Exit on Las N1⁄2SW1⁄4NE1⁄4NW1⁄4, not be accepting any new comments Vegas Blvd. North (Las Vegas Blvd/ N1⁄2SE1⁄4NE1⁄4NW1⁄4, regarding the continued auction of the Cashman Center). Turn left to Cashman SE1⁄4SE1⁄4NE1⁄4NW1⁄4, Laughlin parcels. Center (850 Las Vegas Blvd. North). N1⁄2NE1⁄4NE1⁄4SE1⁄4NW1⁄4, 1 1 1 1 1 DATES: Comments regarding the FOR FURTHER INFORMATION CONTACT: You SE ⁄4NE ⁄4NE ⁄4SE ⁄4NW ⁄4, S1⁄2NW1⁄4NE1⁄4SE1⁄4NW1⁄4, proposed SNPLMA sale of the 3,197.00 may contact Judy Fry, Program Lead, SW1⁄4NE1⁄4SE1⁄4NW1⁄4, acres in the Las Vegas Valley must be SALES at (702) 515–5081 or by e-mail N1⁄2SW1⁄4SE1⁄4NW1⁄4, received by BLM on or before October at [email protected]. You may also call SW1⁄4SW1⁄4SE1⁄4NW1⁄4, 3, 2005. Sealed bids, if applicable, must (702) 515–5000 and ask to have your W1⁄2SE1⁄4SE1⁄4NW1⁄4, be received by BLM not later than 4:30 call directed to a member of the SALES E1⁄2NE1⁄4NE1⁄4SW1⁄4, p.m., PST, November 9, 2005. The sale Team. NW1⁄4NW1⁄4NE1⁄4SW1⁄4, NW1⁄4NE1⁄4NE1⁄4SE1⁄4, by auction will begin at 10 a.m., PST, SUPPLEMENTARY INFORMATION: The W1⁄2NW1⁄4NE1⁄4SE1⁄4, November 16, 2005. Registration for oral following described lands in the Las 1 1 1 1 SE ⁄4NW ⁄4NE ⁄4SE ⁄4, bidding for those who have not pre- Vegas Valley, Nevada, are proposed for N1⁄2SW1⁄4NE1⁄4SE1⁄4, registered will begin at 8 a.m., PST, sale and have been authorized and NE1⁄4NE1⁄4NW1⁄4SE1⁄4, November 16, 2005 and will end at 10 designated for disposal under SNPLMA. W1⁄2NE1⁄4NW1⁄4SE1⁄4, a.m., PST. Other deadline dates for the The lands will be put up for sale NE1⁄4NW1⁄4NW1⁄4SE1⁄4, receipt of payments, and arranging for competitively on November 16, 2005, at SW1⁄4NW1⁄4NW1⁄4SE1⁄4, certain payments to be made by SE1⁄4NE1⁄4SW1⁄4SE1⁄4, an oral auction for not less than the 1 1 1 1 electronic transfer, are specified in the appraised fair market value (FMV) of SE ⁄4NW ⁄4SW ⁄4SE ⁄4, SE1⁄4SW1⁄4SW1⁄4SE1⁄4, proposed terms and conditions of sale, each parcel. These SNPLMA parcels SW1⁄4SE1⁄4SW1⁄4SE1⁄4, as stated herein. described below will be auctioned NE1⁄4SE1⁄4SW1⁄4SE1⁄4, ADDRESSES: Comments regarding the under the terms and conditions of this S1⁄2SW1⁄4SE1⁄4SE1⁄4, N1⁄2SE1⁄4SE1⁄4SE1⁄4, proposed sale or any sealed bid may be Notice of Realty Action (NORA). SE1⁄4SE1⁄4SE1⁄4SE1⁄4.

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Sec. 20, NW1⁄4NW1⁄4NW1⁄4NE1⁄4; The following SNPLMA parcels will with the local governing entities’ Sec. 21, NW1⁄4SW1⁄4NW1⁄4NE1⁄4, have all mineral interests reserved to the Transportation Plans. 1 1 1 1 SW ⁄4SW ⁄4NW ⁄4NE ⁄4, United States; therefore, no $50 filing 5. No warranty of any kind, express or SE1⁄4SW1⁄4NW1⁄4NE1⁄4, 1 1 1 1 fee will be required as no mineral implied, is given by the United States as NE ⁄4NE ⁄4NE ⁄4NW ⁄4, NW1⁄4NE1⁄4NE1⁄4NW1⁄4, interests will be conveyed: N–79498 to title, whether or to what extent the SW1⁄4NE1⁄4NE1⁄4NW1⁄4, through N–79506, N–79511 through N– land may be developed, physical SE1⁄4NE1⁄4NE1⁄4NW1⁄4, 79529, N–79534 through N–79553, N– condition, future uses, or any other SE1⁄4NW1⁄4NE1⁄4NW1⁄4, 77348, N–79579 and N–79580. A legal circumstance or condition. The NE1⁄4SW1⁄4NE1⁄4NW1⁄4, description of the parcels associated conveyance of any parcel will not be on 1 1 1 1 SE ⁄4SW ⁄4NE ⁄4NW ⁄4, with these BLM Serial Numbers is a contingency basis. However, to the NE1⁄4SE1⁄4NE1⁄4NW1⁄4, available at the BLM Las Vegas Field extent required by law, all parcels are SE1⁄4SE1⁄4NE1⁄4NW1⁄4, Office, or online at http:// NE1⁄4NE1⁄4NW1⁄4NW1⁄4, subject to the requirements of section NW1⁄4NE1⁄4NW1⁄4NW1⁄4, propertydisposal.gsa.gov. 120(h) of the Comprehensive SW1⁄4NE1⁄4NW1⁄4NW1⁄4, For the other SNPLMA parcels, the Environmental Response Compensation NE1⁄4NW1⁄4NW1⁄4NW1⁄4, locatable mineral interests therein will and Liability Act, as amended N1⁄2SW1⁄4NW1⁄4NW1⁄4; be sold simultaneously with the surface (CERCLA) (42 U.S.C. 9620(h)). Sec. 22, SE1⁄4SE1⁄4NE1⁄4NW1⁄4, interests. Those lands have no known 1 1 1 1 6. All purchasers/patentees, by SW ⁄4SE ⁄4NE ⁄4NW ⁄4, locatable mineral value. An offer to NE1⁄4NE1⁄4NW1⁄4NW1⁄4, accepting a patent, covenant and agree purchase those parcels will constitute NE1⁄4NE1⁄4SW1⁄4NW1⁄4, to indemnify, defend, and hold the S1⁄2NE1⁄4SW1⁄4NW1⁄4, an application for conveyance of the United States harmless from any costs, NW1⁄4NE1⁄4SE1⁄4NW1⁄4, locatable mineral interests. In damages, claims, causes of action, SE1⁄4NW1⁄4SE1⁄4NW1⁄4, conjunction with the final payment, the penalties, fines, liabilities, and SW1⁄4NE1⁄4SE1⁄4NW1⁄4, applicant will be required to pay a judgments of any kind or nature arising 1 1 1 1 NW ⁄4SE ⁄4SE ⁄4NW ⁄4, $50.00 non-refundable filing fee for from the past, present, and future acts E1⁄2SE1⁄4NE1⁄4SW1⁄4SW1⁄4; processing the conveyance of the or omissions of the patentees or their Sec. 30, SE1⁄4SW1⁄4NE1⁄4NE1⁄4, locatable mineral interests. SW1⁄4SE1⁄4NE1⁄4NE1⁄4, employees, agents, contractors, or SW1⁄4NE1⁄4NW1⁄4NE1⁄4, The mineral interests for the Laughlin lessees, or any third-party, arising out of S1⁄2NW1⁄4NW1⁄4NE1⁄4, SW1⁄4NW1⁄4NE1⁄4, parcels will be reserved or sold as or in connection with the patentees’ use, W1⁄2SE1⁄4NW1⁄4NE1⁄4, N1⁄2SW1⁄4NE1⁄4, detailed in the original NORA for those occupancy, or operations on the SW1⁄4SW1⁄4NE1⁄4, N1⁄2SE1⁄4SW1⁄4NE1⁄4, parcels at 70 FR 16301. patented real property. This 1 1 1 1 SW ⁄4SE ⁄4SW ⁄4NE ⁄4, indemnification and hold harmless NE1⁄4NE1⁄4SE1⁄4NE1⁄4, Terms and Conditions of Sale 1 1 1 1 1 1 1 agreement includes, but is not limited W ⁄2NE ⁄4SE ⁄4NE ⁄4, NW ⁄4SE ⁄4NE ⁄4, The terms and conditions applicable S1⁄2SE1⁄4NE1⁄4. to, acts and omissions of the patentees T. 19 S., R. 61 E., to the SNPLMA sale parcels are as and their employees, agents, Sec. 14, Lots 1–16; follows: contractors, or lessees, or any third Sec. 15, portions of Lots 1–10, 12, 16; 1. All discretionary leaseable and party, arising out of or in connection Sec. 15, Lots 13–15, 17, 18; saleable mineral deposits on the lands with the use and/or occupancy of the Sec. 16, portions of Lots 1–4, 6, 8, 17, 18, in Clark County are reserved to the patented real property which has 20; United States; but, permittees, licensees, Sec. 16, Lots 5, 9–12, 14–16, 19, 21, 22; already resulted or does hereafter result Sec. 18, Lots 5, 7, 10, 12, 14, 18, 19, 21, and lessees of the United States retain in: (1) Violations of Federal, State, and 24, 25, 28–37; the right to prospect for, mine, and local laws and regulations that are now Sec. 19, Lot 7; remove such minerals owned by the or may in the future become, applicable Sec. 21, Lots 1, 2, 3, 6, 7, 8; United States under applicable law and to the real property; (2) Judgments, Sec. 23, Lots 1–4, 6–10. any regulations that the Secretary of the claims or demands of any kind assessed T. 22 S., R. 61 E., Interior may prescribe, together with all against the United States; (3) Costs, 1 1 1 1 Sec. 32, S ⁄2SW ⁄4NE ⁄4NW ⁄4, necessary access and exit rights. expenses, or damages of any kind S1⁄2NW1⁄4SE1⁄4NW1⁄4. Sec. 33, Lots 38 and 77. 2. A right-of-way is reserved for incurred by the United States; (4) T. 21 S., R. 62 E., ditches and canals constructed by Releases or threatened releases of solid Sec. 28, N1⁄2NE1⁄4SW1⁄4SE1⁄4SW1⁄4, authority of the United States under the or hazardous waste(s) and/or hazardous NW1⁄4SE1⁄4SE1⁄4SW1⁄4. Act of August 30, 1890 (43 U.S.C. 945). substances(s), as defined by Federal or Consisting of 86 parcels containing 3. All parcels are subject to valid State environmental laws, off, on, into 3,197.00 acres, more or less, including the existing rights. Parcels may also be or under land, property and other North Las Vegas parcel. subject to applications received prior to interests of the United States; (5) A map and complete legal description publication of this Notice if processing Activities by which solid waste or of the North Las Vegas parcel (N–75980) the application would have no adverse hazardous substances or waste, as will be available at the BLM LVFO upon affect on the marketability or the defined by Federal and State finalization and recordation of the federally approved Fair Market Value environmental laws are generated, cadastral survey by the BLM prior to the (FMV) of a parcel. Encumbrances of released, stored, used or otherwise auction date. record, appearing in the BLM public disposed of on the patented real In addition to the lands described files for the parcels proposed for sale, property, and any cleanup response, herein, the Laughlin parcels, and, are available for review during business remedial action or other actions related possibly, other parcels that have been hours, 7:30 a.m. PST to 4:30 p.m. PST, in any manner to said solid or published in a previous NORA, and that Monday through Friday, at the BLM hazardous substances or wastes; or (6) have been previously noticed for sale, LVFO. Natural resource damages as defined by but did not sell, may be sold at this sale. 4. All parcels are subject to Federal and State law. This covenant The legal description of the Laughlin reservations for roads, public utilities shall be construed as running with the parcels and the terms and conditions of and flood control purposes, both parcels of land patented or otherwise sale can be reviewed at 70 FR 16301. existing and proposed, in accordance conveyed by the United States, and may

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be enforced by the United States in a located in the Sale Packet. The form is 15. The remainder of the full bid price court of competent jurisdiction. also available at the BLM LVFO. for each parcel, whether sealed or oral 7. Maps delineating the individual 11. Prior to receiving a bidder number bid, must be paid within 180 calendar proposed sale parcels and current on the day of the sale, all registered days of the competitive sale date in the appraisals for each parcel are available bidders must submit a certified check, form of a certified check, money order, for public review at the BLM LVFO. bank draft, or cashier’s check in the bank draft, or cashier’s check made 8. (a) Parcel N–79580 will be put up amount of $10,000. The check must be payable in U.S. dollars to the Bureau of for purchase and sale at the oral auction. made payable in U.S. dollars to the Land Management. Personal checks will A sealed bid for this parcel will not be order of the Bureau of Land not be accepted. Arrangements for accepted. If this parcel is not sold at the Management. On the day of the sale, Electronic Fund Transfer (EFT) to BLM oral auction, it will not be offered later pre-registered bidders may go to the for the balance which is due on or on an online Internet auction. Express Registration Desk, present their before May 15, 2006, should be made a 8. (b) Sealed bids may be presented Photo Identification, the required minimum of two weeks prior to the date for all other parcels. Sealed bids must be $10,000 check, and receive a bidder you wish to make payment. Failure to received at the BLM LVFO, no later than number. All other bidders must go to pay the full price within the 180 days 4:30 p.m., PST, November 9, 2005. the standard Registration Line where will disqualify the apparent high bidder Sealed bid envelopes must be marked additional information will be requested and cause the entire bid deposit to be on the lower front left corner with the along with your Photo Identification forfeited to the BLM. BLM Serial Number for the parcel and and the required $10,000 check. Upon 16. All sales are made in accordance the sale date. Bids must be for not less completion of registration you will be with and subject to the governing than the federally approved FMV and a given a bidder number. If you are a provisions of law and applicable separate bid must be submitted for each successful bidder, the $10,000 will be regulations. In general, the BLM may parcel. applied to your required deposit. For accept or reject any or all offers, or 8. (c) Each sealed bid shall be parcel N–79580 arrangements may be withdraw any parcel of land or interest therein from sale, if, in the opinion of accompanied by a deposit in the form of made for Electronic Fund Transfer (EFT) the BLM authorized officer, a certified check, money order, bank of the required 20 percent deposit by consummation of the sale would not be draft, or cashier’s check made payable notifying BLM no later than October 31, fully consistent with FLPMA or other in U.S. dollars to the order of the Bureau 2005 of your intent to use EFT. applicable laws or is determined not to of Land Management, for not less than 12. If you purchase one or more be in the public interest. parcels and default on any single parcel, 10 percent or more than 30 percent of 17. Federal law requires bidders to be the amount bid. The highest qualified the default may be against all of your U.S. citizens 18 years of age or older; a sealed bid for each parcel will become parcels. BLM may retain your $10,000 corporation subject to the laws of any the starting bid at the oral auction. If no and the sale of all parcels to you may State or of the United States; a State, sealed bids are received, oral bidding be cancelled. Following the auction, State instrumentality or political will begin at the FMV, as determined by checks will be returned to the subdivision authorized to hold property the authorized officer. All sealed bids unsuccessful bidders upon presentation or an entity legally capable of conveying will be opened and recorded at 12 noon of their Photo Identification at the lands or interests therein under the laws PST on November 10, 2005 at the BLM designated area. of the State of Nevada. Certification of office on 4701 N. Torrey Pines Drive in 13. The highest qualifying bid for any qualification, including citizenship or Las Vegas. The high sealed bid amount parcel, whether sealed or oral, will be corporation or partnership, must will be posted on the auction order list declared the high bid. The apparent accompany the bid deposit and is and will be the starting bid amount at high bidder, if an oral bidder, must subject to verification by the BLM prior the oral auction. submit a deposit of not less than 20 to consummation of the sale. 9. All parcels will be offered for percent of the successful bid by 3 p.m. competitive sale by oral auction PST on the day of the sale in the form Additional Information beginning at 10 a.m., PST, November 16, of cash, personal check, bank draft, If not sold, any parcel described above 2005, at Cashman Theater located inside cashiers check, money order or any in this Notice may be identified for sale Cashman Center at 850 Las Vegas combination thereof, made payable in at a later date without further legal Boulevard North, Las Vegas, NV. U.S. dollars to the Bureau of Land notice. Unsold parcels, with the Interested parties who will not be Management. Funds must be delivered exception of parcel N–79580, may be bidding are not required to register and no later than 3 p.m. PST the day of the offered for sale in a future online may proceed directly to the Cashman sale to the BLM Collection Officers at Internet auction. Internet auction Theater. If you are at the auction to the Cashman Theater. Funds will NOT procedures will be available at http:// conduct business with the high bidders be accepted at the LVFO. www.auctionrp.com. If unsold on the or are there to observe the process, 14. Oral bids will be considered only Internet, parcels may be put up for sale should seating become limited, you may if received at the place of sale and made at future oral and online Internet be asked to relocate to the balcony or at least for the FMV as determined by auctions without additional legal notice. another area in order to provide seating the BLM authorized officer. For parcel Upon publication of this Notice and in the theater for all bidders before the N–79580 each prospective bidder will until the completion of the sale, the auction begins. We will try to provide be required to present a certified check, BLM is no longer accepting land use an audio/visual transmission outside postal money order, bank draft or applications affecting any parcel the theater for your convenience. cashier’s check made payable in U.S. identified for sale, including parcels 10. All oral bidders are required to dollars to the Bureau of Land that have been published in a previous register. Registration for oral bidding Management for an amount of money NORA. However, land use applications will begin at 8 a.m. PST on the day of which shall be no less than 20 percent may be considered after completion of the sale and will end at 10 a.m. PST. of the federally approved FMV of the the sale for parcels that are not sold You are encouraged to pre-register by designated parcel, in order to be eligible through sealed, oral, or online Internet mail or fax by completing the form to bid on it. auction procedures provided the

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authorization will not adversely affect for public review at the BLM LVFO. An laws, location and entry under the the marketability or value of the parcel. Environmental Assessment (EA) for this mining laws and from operation under In order to determine the value, sale, which tiers to the EIS, has also the mineral leasing and geothermal through appraisal, of the parcels of land been prepared. The EA is available for leasing laws, until such time as the proposed to be sold, certain public review and comment at the BLM Secretary of Interior terminates the extraordinary assumptions may have LVFO. BLM will be accepting public withdrawal or the lands are patented. been made of the attributes and comment on the EA during the time for Dated: August 10, 2005. limitations of the lands and potential comment on the proposed sale up to Juan Palma, effects of local regulations and policies October 3, 2005. on potential future land uses. Through Other information concerning the Field Manager. publication of this Notice, the Bureau of sale, including the appraisals, [FR Doc. 05–16492 Filed 8–17–05; 8:45 am] Land Management gives notice that reservations, sale procedures and BILLING CODE 4310–HC–P these assumptions may not be endorsed conditions, CERCLA and other or approved by units of local environmental documents will be government. It is the buyer’s available for review at the BLM LVFO, DEPARTMENT OF THE INTERIOR responsibility to be aware of all or by calling (702) 515–5114. Most of Bureau of Land Management applicable Federal, State, and local this information also will be available government laws, regulations and on the Internet at http:// [OR–930–1220–PA; HAG–04–0236] policies that may affect the subject propertydisposal.gsa.gov. lands, including any required Public Comments: The general public Final Supplementary Rules on Public dedication of lands for public uses. It is and interested parties may submit Land in Oregon and Washington also the buyer’s responsibility to be comments regarding the proposed sale AGENCY: Bureau of Land Management, aware of existing or projected use of to the Field Manager, BLM LVFO, up to Interior. nearby properties. When conveyed out 45 days after publication of this Notice of Federal ownership, the lands will be in the Federal Register. Any adverse ACTION: Final supplementary rules. subject to any applicable laws, comments regarding the proposed sale SUMMARY: The Bureau of Land regulations, and policies of the will be reviewed by the Nevada BLM Management (BLM) Oregon State Office applicable local government for State Director, or other authorized is implementing supplementary rules proposed future uses. It will be the official of the Department, who may for public lands within the states of responsibility of the purchaser to be sustain, vacate, or modify this realty Oregon and Washington. The rules are aware of those laws regulations, and action in whole or in part. Any needed in order to protect the area’s policies, and to seek any required local comments received during this process, natural resources and provide for public approvals pursuant to them. Buyers as well as the name and address of the health and safety. The rules are based should also make themselves aware of commenter, will be available to the on existing regulations and address any Federal or State law or regulations public in the administrative record and/ camping and residency, vehicles and that may impact the future use of the or pursuant to a Freedom of Information off-road vehicles, fire, conduct, firearms, property. Any land lacking access from Act request. You may indicate for the sanitation and refuse and permits. The a public road or highway will be record that you do not wish to have supplementary rules promote conveyed as such, and future access your name and/or address made consistency between BLM rules on these acquisition will be the responsibility of available to the public. Any topics and similar rules of other natural the buyer. determination by the Bureau of Land resource agencies including the U.S. Parcel N–75980. Potential bidders for Management to release or withhold the parcel N–75980 should be aware of the Forest Service, National Park Service, names and/or addresses of those who Oregon Parks and Recreation, and the content of a document entitled, ‘‘A comment will be made on a case-by-case Conservation Agreement for the Washington Department of Natural basis. A request from a commenter to Resources. Management of Special Resources on have their name and/or address the Bureau of Land Management Parcels withheld from public release will be DATES: The rules are effective August Nominated for Disposal by the City of honored to the extent permissible by 18, 2005. Las Vegas’’ entered into by BLM, the law. ADDRESSES: You may submit U.S. Fish and Wildlife Service, the (Authority: 43 CFR 2711.1–2(a) and (c)) suggestions or inquiries to Recreation Nevada Division of Forestry and the Program, Bureau of Land Management, City of North Las Vegas (the Termination of R&PP Classification— Oregon State Office, P.O. Box 2965, ‘‘Conservation Agreement’’). Under the SNPLMA Withdrawal Portland, Oregon, 97204, or via Internet Conservation Agreement, BLM retains e-mail to: http:// ownership of approximately 300 acres Additionally, the following leases [email protected] (Include partially surrounded by parcel N–75980 granted under the Recreation and Public Attn: Margaret Wolf). for protection and preservation of Purposes (R&PP) Act, 43 U.S.C. 869 et FOR FURTHER INFORMATION CONTACT: certain special plant and paleontological seq.) have been relinquished: N–51824 Margaret Wolf, Oregon State Office, P.O. resources. BLM makes no warranty or (55FR39746), and N–51400 Box 2965, Portland, Oregon, telephone representation that this Conservation (55FR39746). The Notice officially (503) 808–6061. Persons who use a Agreement is the full extent of Federal terminates the R&PP classification and telecommunications device for the deaf or State requirements that may impact segregation of the parcels, but does not (TDD) may contact this individual by parcel N–75980. serve as an opening order because those Environmental Assessment. The parcels are within the disposal calling the Federal Information Relay SNPLMA parcels proposed for sale were boundary set by Congress in SNPLMA. Service (FIRS) at (800) 877–8339, 24 analyzed in an Environmental Impact Pursuant to Section 4(c) of SNPLMA, hours a day, 7 days a week. Statement (EIS), entitled ‘‘Las Vegas these parcels are withdrawn, subject to SUPPLEMENTARY INFORMATION: Land Disposal Boundary EIS’’, approved valid existing rights, from entry and I. Background December 23, 2004. This EIS is available appropriation under the public land II. Discussion of Comments

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III. Procedural Matters These final supplementary rules do public lands to protect natural resources I. Background not alter the budgetary effects of and the environment, and human health entitlements, grants, user fees, or loan and safety. BLM proposed these supplementary programs or the rights or obligations of rules in order to promote consistency their recipients; nor do they raise novel Unfunded Mandates Reform Act between BLM (on issues of camping and legal or policy issues. They merely These final supplementary rules do occupancy, vehicles and off-road impose rules of conduct and impose vehicles, fire, conduct, firearms, not impose an unfunded mandate on other limitations on certain recreational State, local, or tribal governments or the sanitation and refuse) and other land activities on certain public lands to private sector of more than $100 million management agencies including the U.S. protect natural resources and human per year; nor do these Final Forest Service, National Park Service, health and safety. Oregon State Parks and Recreation, and supplementary rules have a significant the Washington Department of Natural National Environmental Policy Act or unique effect on State, local, or tribal Resources. These supplementary rules BLM has prepared an environmental governments or the private sector. They will apply to the public lands within the assessment (EA) and has found that the would merely impose reasonable states of Oregon and Washington. These final supplementary rules would not restrictions on certain recreational rules are necessary to protect the area’s constitute a major Federal action activities on certain public lands to natural resources and to provide for the significantly affecting the quality of the protect natural resources and the public’s health and safety, provide human environment under section environment, and human health and needed guidance in the areas of 102(2)(C) of the Environmental safety. They also specifically call for camping, occupancy, and recreation, Protection Act of 1969 (NEPA), 42 compliance with State laws and and allow for the assessment of U.S.C. 4332(2)(C). A detailed statement regulations. Therefore, BLM is not penalties that are more commensurate under NEPA is not required. BLM has required to prepare a statement with the level of the prohibited acts. placed the EA and the Finding of No containing the information required by The State of Oregon recently revised Significant Impact (FONSI) on file in the the Unfunded Mandates Reform Act (2 its requirement for ORV registration, BLM Administrative Record at the U.S.C. 1531 et seq.) placing the burden of requiring address specified in the ADDRESSES registration on each land owner. section. Executive Order 12630, Governmental Supplementary rule b.5 (below) makes Actions and Interference With ORV registration a requirement on Regulatory Flexibility Act Constitutionally Protected Property public lands, as endorsed by the Oregon Congress enacted the Regulatory Rights Parks and Recreation Department. Flexibility Act of 1980 (RFA), as The final supplementary rules do not II. Discussion of Comments amended, 5 U.S.C. 601–612, to ensure that Government regulations do not represent a government action capable These rules were published as unnecessarily or disproportionately of interfering with Constitutionally proposed supplementary rules on burden small entities. The RFA requires protected property rights. Therefore, the February 25, 2005 in the Federal a regulatory flexibility analysis if a rule Department of the Interior has Register, (70 FR 9380–9384). Comments would have a significant economic determined that the rule would not were solicited in that publication and impact, either detrimental or beneficial, cause a taking of private property or could be submitted by mail, electronic on a substantial number of small require preparation of a takings means, or by telephone. entities. These final supplementary assessment under this Executive Order. No comments were received by e- rules should have no effect on business Executive Order 13132, Federalism mail, TDD, written submissions, or by entities of whatever size. They merely telephone. Therefore, we are publishing would impose reasonable restrictions on These final supplementary rules the final supplementary rules as certain recreational activities on certain proposed, with the exception of would not have a substantial direct public lands to protect natural resources effect on the States, on the relationship editorial changes made for purposes of and the environment, and human health clarity. between the National Government and and safety. Therefore, BLM has the States, or on the distribution of III. Procedural Matters determined under the RFA that these power and responsibilities among the final supplementary rules would not Executive Order 12866, Regulatory various levels of government. These have a significant economic impact on Planning and Review final supplementary rules in several a substantial number of small entities. instances call for compliance with State These final supplementary rules are law. Therefore, in accordance with not a significant regulatory action and Small Business Regulatory Enforcement Executive Order 13132, BLM has are not subject to review by Office of Fairness Act (SBREFA) Management and Budget under These final supplementary rules are determined that these final Executive Order 12866. These final not a ‘‘major rule’’ as defined at 5 U.S.C. supplementary rules do not have supplementary rules will not have an 804(2). They would not result in an sufficient Federalism implications to effect of $100 million or more on the effect on the economy of $100 million warrant preparation of a Federalism economy. They will not adversely affect or more, in an increase in costs or Assessment. in a material way the economy, prices, or in significant adverse effects Executive Order 12988, Civil Justice productivity, competition, jobs, the on competition, employment, Reform environment, public health or safety, or investment, productivity, innovation, or State, local, or tribal governments or on the ability of United States-based Under Executive Order 12988, the communities. These final enterprises to compete with foreign- Office of the Solicitor has determined supplementary rules will not create a based enterprises in domestic and that this final rule would not unduly serious inconsistency or otherwise export markets. They would merely burden the judicial system and that it interfere with an action taken or impose reasonable restrictions on meets the requirements of sections 3(a) planned by another agency. certain recreational activities on certain and 3(b)(2) of the Order.

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Executive Order 13175, Consultation the authorized officer, or otherwise 3. You must not exceed posted speed and Coordination With Indian Tribal officially approved; (4) vehicles in limits. In accordance with Executive Order official use; and (5) any combat or 4. You must possess and properly 13175, we have found that these final combat support vehicle when used in display the current Oregon ORV supplementary rules do not include times of national defense emergencies. registration sticker as required by BLM on public land in Oregon in accordance policies that have tribal implications. Supplementary Rules for Oregon and with Oregon Revised Statutes (ORS). Paperwork Reduction Act Washington 5. You must not operate a motorized These final rules do not contain a. Camping and Occupancy vehicle or ORV in violation of state laws information collection requirements that 1. You must not camp longer than 14 and regulations relating to use, the Office of Management and Budget days in a 28 day period at any one site standards, registration, operation, and must approve under the Paperwork on public land. inspection. Reduction Act of 1995, 44 U.S.C. 3501 2. After the 14 days have been 6. You must not operate an ORV on et seq. reached, you must move at least 25 air those areas, routes, and trails closed to off-road vehicle use as established Author miles away from the previously occupied site. through a final land use planning The principal author of these 3. You must not leave any personal decision, Federal Register notification, supplementary rules is Margaret Wolf, property or refuse after vacating the or other planning process. Oregon State Office, P.O. Box 2965, campsite or site. 7. You must not operate your ORV Portland, Oregon. 4. You must not leave personal without a safety flag, where required by For the reasons stated in the preamble property unattended in a day use area, State law. and under the authorities for campground, designated recreation area 8. You must not operate an ORV with supplementary rules found under 43 or on public lands for more than 24 a muffler that exceeds legal decibel CFR 8365.1–6, 43 CFR 8364.1, 43 U.S.C. hours. levels as required by State law. 1740, 16 U.S.C. 670h(c)(5), and 43 5. You must not establish occupancy, 9. You must not operate an ORV U.S.C. 315a, the Oregon/Washington take possession of, or otherwise use without required equipment as found in State Director, Bureau of Land public lands for residential purposes 43 CFR 8343.1 and State law. Management proposes to issue except as allowed under 43 CFR 3715.2, 10. You must not operate an ORV supplementary rules for public lands 3715.2–1, 3715.5, 3715.6, or with prior carelessly, recklessly, or without regard managed by the BLM in Oregon and written authorization from the BLM. for the safety of any person, or in a Washington, to read as follows: 6. You must not block, restrict, place manner that endangers, or is likely to Definitions signs, or otherwise interfere with the endanger, a person or property. use of a road, trail, gate or other legal 11. You must not operate an ORV in Camping: The erecting of a tent or access to and through public lands a manner which damages or shelter of natural or synthetic material, without prior written authorization from unreasonably disturbs the land, wildlife, preparing a sleeping bag or other the BLM. improvements, property, or vegetative bedding material for use, parking of a 7. You must not camp in any area resources. motor vehicle, motor home or trailer, or posted as closed to camping. Closure c. Fire mooring of a vessel for the apparent must be attained through a final land purpose of overnight occupancy. use planning decision, Federal Register 1. You must not fail to observe state Occupancy: Full or part-time notification, temporary closure order, or fire restrictions or regulations. residence on public lands. It also means posting or positioning of a hazardous 2. You must not violate fire activities that involve residence; the condition notice or barrier. prevention orders. construction, presence, or maintenance 8. If a campsite charges fees, you must 3. You must not leave a campfire of temporary or permanent structures register or pay camping fees within 30 unattended without fully extinguishing that may be used for such purposes; or minutes of occupying the camp site. it. the use of a watchman or caretaker for 9. Whenever camping in a developed 4. You must not use or possess the purpose of monitoring activities. campground or designated recreation fireworks in violation of State or Federal Residence or structures include, but are area with established campsites, you fire prevention order, law, or regulation. not limited to, barriers to access, fences, must camp in a designated site. 5. You must not allow a fire to escape tents, motor homes, trailers, cabins, 10. You must crate, cage, restrain on from your control. houses, buildings, and storage of a leash which shall not exceed six feet 6. You must not carelessly or equipment or supplies. in length, or otherwise physically negligently throw or place any ignited Campground/Designated Recreation control a pet or animal at all times while substance that may cause a fire. Area/Developed Site/Special Recreation in a developed recreation site. 7. You must not fire any tracer bullet Management Area: Sites and areas that 11. You must pick up and properly or incendiary ammunition. contain structures or capital dispose of pet excrement. 8. You must not throw any accelerant improvements primarily used by the into a fire. public for recreation purposes. b. Vehicles and ORV 9. You must not build a fire outside Off Road Vehicle (ORV): Any 1. You must not park or leave a of fire rings or other fire structures motorized vehicle capable of, or vehicle or ORV in violation of posted provided by BLM, where these are designed for, travel on or immediately instructions as established through a present and required by fire restrictions. over land, water, or other natural final land use planning decision, terrain, excluding: (1) Any non- Federal Register notification, or other d. Conduct amphibious registered motorboat; (2) planning process. 1. You must not fail to disperse at the any military, fire, emergency, or law 2. You must not stop or park a vehicle direction of an authorized officer. enforcement vehicle while being used or ORV in a manner that obstructs or 2. You must not engage in fighting, for emergency purposes; (3) any vehicle interferes with the normal flow of threatening, abusive, indecent, obscene, whose use is expressly authorized by traffic, or creates a hazardous condition. or offensive behavior.

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3. You must not make unreasonable subject to the enhanced fines provided (2) The probable future effect of noise based on location, time of day, for by 18 U.S.C. 3571. CBERA on the U.S. economy generally proximity of neighbors, or in violation c. On public lands subject to the and on such domestic industries. of posted regulations or direction from Federal Land Policy and Management Notice of institution of the an authorized officer, or other factors Act of 1976, 43 U.S.C. 1701 et seq. , any investigation was published in the that would govern the conduct of a person who violates any of these Federal Register of May 14, 1986 (51 FR reasonably prudent person. supplementary rules may be tried before 17678). The seventeenth report, 4. You must not create or maintain a a United States Magistrate and fined no covering calendar years 2003 and 2004, hazardous or physically offensive more than $1,000 or imprisoned for no is to be submitted by September 30, condition. more than 12 months, or both. 43 U.S.C. 2005. 1733(a); 43 CFR 8360.0–7. Such The Commission has also changed the e. Firearms violations may also be subject to the title of this investigation to delete the 1. You must not discharge a firearm enhanced fines provided for by 18 reference to ‘‘annual report,’’ since the or device that is designed for and U.S.C. 3571. reports are now provided biennially. capable of expelling a projectile by use Written Submissions: The Elaine M. Brong, of spring, air, gas or other explosive at Commission does not plan to hold a any time into or from any area posted Oregon State Director, Bureau of Land public hearing in connection with the Management. as a no-shooting or a safety zone, or into preparation of this seventeenth report. or from any developed camp or [FR Doc. 05–16162 Filed 8–17–05; 8:45 am] However, interested persons are invited recreation site. No-shooting zones are BILLING CODE 4310–33–P to submit written submissions established through a final land use concerning the matters to be addressed planning decision, Federal Register in the report. All written submissions should be addressed to the Secretary, notification, or other planning process. INTERNATIONAL TRADE United States International Trade 2. You must not discharge or possess COMMISSION Commission, 500 E Street SW., a firearm or explosive device in Washington, DC 20436. To be assured of violation of State law. [Investigation No. 332–227] consideration by the Commission, f. Sanitation and Refuse written submissions relating to the Caribbean Basin Economic Recovery Commission’s report should be 1. You must not dispose of any cans, Act: Impact on U.S. Industries and submitted to the Commission at the bottles or other refuse except in Consumers and on Beneficiary earliest practical date and should be designated places or receptacles. Countries received no later than the close of 2. You must not dump household, business on September 6, 2005. All commercial, or industrial refuse onto AGENCY: United States International Trade Commission. written submissions must conform with public lands. the provisions of section 201.8 of the 3. You must not possess glass ACTION: Notice of opportunity to submit Commission’s Rules of Practice and containers where prohibited as comments in connection with the Procedure (19 CFR 201.8). Section 201.8 established through a final land use seventeenth report covering 2003 and of the rules requires that a signed planning decision, Federal Register 2004; change in title of investigation. original (or a copy designated as an notification, or other planning process. original) and fourteen (14) copies of 4. You must not litter. EFFECTIVE DATE: August 12, 2005. each document be filed. In the event FOR FURTHER INFORMATION CONTACT: g. Other Acts that confidential treatment of the Walker Pollard (202–205–3228; document is requested, at least four (4) 1. You must not violate state laws [email protected]), Country and additional copies must be filed, in relating to the use, possession, or Regional Analysis Division, Office of which the confidential business consumption of alcohol or controlled Economics, U.S. International Trade information (CBI) must be deleted (see substances. Commission, Washington, DC 20436. the following paragraph for further The media should contact Peg Penalties information regarding CBI). The O’Laughlin, Public Affairs Officer (202– Commission’s rules do not authorize a. On public lands in grazing districts 205–1819; filing submissions with the Secretary by (see 43 U.S.C. 315a) and on public lands [email protected]). facsimile or electronic means, except to leased for grazing under 43 U.S.C. Background: Section 215(a)(1) of the the extent permitted by section 201.8 of 315m, any person who violates any of Caribbean Basin Economic Recovery Act the rules (see Handbook for Electronic these supplementary rules may be tried (CBERA) (19 U.S.C. 2704(a)(1)), as Filing Procedures, http:// before a United States Magistrate and amended, requires that the Commission hotdocs.usitc.gov/pubs/ fined no more than $500.00. Such submit biennial reports to the Congress electronic_filing_handbook.pdf. Persons violations may also be subject to the and the President regarding the with questions regarding electronic enhanced fines provided for by 18 economic impact of the Act on U.S. filing should contact the Secretary (202– U.S.C. 3571. industries and consumers, and on 205–2000 or [email protected]). b. On public lands subject to a beneficiary countries. Section 215(b)(1) Any submissions that contain CBI conservation and rehabilitation program requires that the reports include, but not must also conform with the implemented by the Secretary under 16 be limited to, an assessment regarding— requirements of section 201.6 of the U.S.C. 670g et seq. (Sikes Act), any (1) The actual effect of CBERA on the Commission’s rules (19 CFR 201.6). person who violates any of these U.S. economy generally as well as on Section 201.6 of the rules requires that supplementary rules may be tried before specific domestic industries which the cover of the document and the a United States Magistrate and fined no produce articles that are like, or directly individual pages clearly be marked as to more than $500.00 or imprisoned for no competitive with, articles being whether they are the ‘‘confidential’’ or more than six months, or both. 16 U.S.C. imported from beneficiary countries ‘‘nonconfidential’’ version, and that the 670(a)(2). Such violations may also be under the Act; and CBI be clearly identified by means of

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brackets. All written submissions, INTERNATIONAL TRADE interested party group response to its except for CBI, will be made available COMMISSION notice of institution (70 FR 22698, May for inspection by interested parties. 2, 2005) was adequate, and that the The Commission intends to publish [Investigations Nos. 701–TA–318 and 731– TA–538 and 561 (Second Review)] respondent interested party group only a public report in this response with respect to India was investigation. Accordingly, any CBI Sulfanilic Acid From China and India adequate, but found that the respondent received by the Commission in this interested party group response with investigation will not be published in a AGENCY: United States International respect to China was inadequate. manner that would reveal the operations Trade Commission. However, the Commission determined of the firm supplying the information. ACTION: Notice of Commission to conduct a full review concerning The report will be made available to the determination to conduct full five-year subject imports from China to promote public on the Commission’s Web site. reviews concerning the countervailing administrative efficiency in light of its The public record for this duty order on sulfanilic acid from India decision to conduct a full review with investigation may be viewed on the and the antidumping duty orders on respect to subject imports from India. A Commission’s electronic docket (EDIS) sulfanilic acid from China and India. record of the Commissioners’ votes, the at http://edis.usitc.gov. Hearing- Commission’s statement on adequacy, impaired individuals are advised that SUMMARY: The Commission hereby gives and any individual Commissioner’s information on this matter can be notice that it will proceed with full statements will be available from the obtained by contacting the reviews pursuant to section 751(c)(5) of Office of the Secretary and at the Commission’s TDD terminal on 202– the Tariff Act of 1930 (19 U.S.C. Commission’s Web site. 205–1810. Persons with mobility 1675(c)(5)) to determine whether impairments who will need special revocation of the countervailing duty Authority: These reviews are being conducted under authority of title VII of the assistance in gaining access to the order on sulfanilic acid from India and Tariff Act of 1930; this notice is published Commission should contact the Office the antidumping duty orders on pursuant to section 207.62 of the of the Secretary at 202–205–2000. sulfanilic acid from China and India Commission’s rules. By order of the Commission. would be likely to lead to continuation By order of the Commission. or recurrence of material injury within Issued: August 12, 2005. Issued: August 11, 2005. Marilyn R. Abbott, a reasonably foreseeable time. A schedule for the reviews will be Marilyn R. Abbott, Secretary to the Commission. established and announced at a later Secretary to the Commission. [FR Doc. 05–16342 Filed 8–17–05; 8:45 am] date. For further information concerning [FR Doc. 05–16340 Filed 8–17–05; 8:45 am] BILLING CODE 7020–02–P the conduct of these reviews and rules BILLING CODE 7020–02–P of general application, consult the Commission’s Rules of Practice and INTERNATIONAL TRADE INTERNATIONAL TRADE COMMISSION Procedure, part 201, subparts A through E (19 CFR part 201), and part 207, COMMISSION [Investigation No. 332–469] subparts A, D, E, and F (19 CFR part [Investigation No. 731–TA–851 (Review)] 207). Conditions of Competition for Certain Synthetic Indigo From China Oranges and Lemons in the U.S. Fresh DATES: Effective Date: August 5, 2005. Market FOR FURTHER INFORMATION CONTACT: AGENCY: United States International Mary Messer (202–205–3193), Office of Trade Commission. AGENCY: United States International Investigations, U.S. International Trade ACTION: Notice of Commission Trade Commission. Commission, 500 E Street SW., determination to conduct a full five-year ACTION: Correction of notice of Washington, DC 20436. Hearing- review concerning the antidumping investigation. impaired persons can obtain duty order on synthetic indigo from SUMMARY: The Commission’s notice information on this matter by contacting China. the Commission’s TDD terminal on 202– published in the Federal Register on SUMMARY: The Commission hereby gives August 8, 2005 (70 FR 45746) contained 205–1810. Persons with mobility impairments who will need special notice that it will proceed with a full a typographical error that incorrectly review pursuant to section 751(c)(5) of identified ‘‘February 21, 2005’’ as the assistance in gaining access to the Commission should contact the Office the Tariff Act of 1930 (19 U.S.C. final date for receipt of any written 1675(c)(5)) to determine whether submissions to the United States of the Secretary at 202–205–2000. General information concerning the revocation of the antidumping duty International Trade Commission order on synthetic indigo from China regarding investigation No. 332–469 Commission may also be obtained by accessing its Internet server (http:// would be likely to lead to continuation Conditions of Competition for Certain or recurrence of material injury within Oranges and Lemons in the U.S. Fresh www.usitc.gov). The public record for these reviews may be viewed on the a reasonably foreseeable time. A Market, under section 332(g) of the schedule for the review will be Tariff Act of 1930 (19 U.S.C. 1332(g)). Commission’s electronic docket (EDIS) at http://edis.usitc.gov. established and announced at a later The correct date for written submissions date. For further information concerning SUPPLEMENTARY INFORMATION: on this investigation is February 21, On August the conduct of this review and rules of 2006. 5, 2005, the Commission determined general application, consult the By order of the Commission. that it should proceed to full reviews in Commission’s Rules of Practice and the subject five-year reviews pursuant to Issued: August 11, 2005. Procedure, part 201, subparts A through section 751(c)(5) of the Act.1 The Marilyn R. Abbott, E (19 CFR part 201), and part 207, Commission found that the domestic Secretary to the Commission. subparts A, D, E, and F (19 CFR part 207). [FR Doc. 05–16341 Filed 8–17–05; 8:45 am] 1 Commissioner Marcia E. Miller did not BILLING CODE 7020–02–P participate in these determinations. DATES: Effective Date: August 5, 2005.

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FOR FURTHER INFORMATION CONTACT: Consent Decree pertains to the Milltown (25 cents per page reproduction cost) Mary Messer (202–205–3193), Office of Reservoir Sediments Operable Unit (the payable to the U.S. Treasury. Investigations, U.S. International Trade ‘‘Milltown Site’’) in southwestern Robert D. Brook, Commission, 500 E Street SW., Montana. The settlement would resolve Washington, DC 20436. Hearing- Assistant Chief, Environmental Enforcement the claims brought by the United States Section, Environment and Natural Resources impaired persons can obtain against the Atlantic Richfield Company Division. information on this matter by contacting and NorthWestern Corporation under [FR Doc. 05–16348 Filed 8–17–05; 8:45 am] the Commission’s TDD terminal on 202– Section 107 of the Comprehensive BILLING CODE 4410–15–M 205–1810. Persons with mobility Environmental Response, Compensation impairments who will need special and Liability Act of 1980, as amended assistance in gaining access to the (‘‘CERCLA’’), 42 U.S.C. 9607, for the DEPARTMENT OF JUSTICE Commission should contact the Office recovery of costs incurred and to be of the Secretary at 202–205–2000. incurred in responding to releases and Notice of Lodging of Consent Decree General information concerning the threatened releases of hazardous Under the Clean Water Act Commission may also be obtained by substances at the Milltown Site. Under Consistent with 28 CFR 50.7, notice is accessing its Internet server (http:// the terms of the proposed Consent www.usitc.gov). The public record for hereby given that on August 3, 2005, a Decree, Atlantic Richfield and this review may be viewed on the proposed consent decree (‘‘decree’’) in NorthWestern will implement EPA’s Commission’s electronic docket (EDIS) United States v. Degussa Initiators, cleanup plan for the Milltown Site, at http://edis.usitc.gov. LLC., Civil Action No. 1:05CV1915, was reimburse certain EPA response costs lodged with the United States District SUPPLEMENTARY INFORMATION: On August related to the Milltown Site, and Court for the Northern District of Ohio. 5, 2005, the Commission determined contribute toward the State of In this action, the United States seeks that it should proceed to a full review Montana’s natural resource restoration civil penalties against Degussa for in the subject five-year review pursuant plan for the Milltown site. The United violations of section 307(d) and 308 of to section 751(c)(5) of the Act.1 The States, on behalf of certain federal the Clean Water Act, 33 U.S.C. 1317(d) Commission found that both the and 1318, including violation of domestic and respondent interested agencies against which Atlantic Richfield asserted counterclaims, will categorical and local effluent limits party group responses to its notice of contained in industrial user permits institution (70 FR 22701, May 2, 2005) also be contributing toward the reimbursement of EPA’s response costs. issued by the Elyria, Ohio publicly were adequate. A record of the owned treatment works. The proposed Commissioners’ votes, the The Department of Justice will receive decree provides that Degussa will pay a Commission’s statement on adequacy, for a period of thirty (30) days from the civil penalty of $345,203.50 and will and any individual Commissioner’s date of this publication comments perform a supplemental environmental statements will be available from the relating to the Consent Decree. project valued at $27,514. Degussa also Office of the Secretary and at the Comments should be addressed to the certifies in the proposed decree that it Commission’s Web site. Deputy Assistant Attorney General, has implemented corrective measures Authority: This review is being conducted Environment and Natural Resources necessary to ensure continuous under authority of title VII of the Tariff Act Division, P.O. Box 7611, U.S. compliance with applicable effluent of 1930; this notice is published pursuant to Department of Justice, Washington, DC limits and other permit terms. § 207.62 of the Commission’s rules. 20044–7611, and should refer to United The Department of Justice will receive By order of the Commission. States v. ARCO, DOJ Case Number 90– comments relating to the decree for a Issued: August 11, 2005. 11–2–430. period of thirty (30) days from the date of this publication. Comments should be Marilyn R. Abbott, The proposed Consent Decree may be addressed to the Assistant Attorney Secretary to the Commission. examined at the office of the United General, Environment and Natural States Attorney for the District of [FR Doc. 05–16339 Filed 8–17–05; 8:45 am] Resources Division, P.O. Box 7611, Ben Montana, 2929 Third Avenue North, BILLING CODE 7020–02–P Franklin Station, U.S. Department of Suite 400, Billings, Montana 59101, and Justice, Washington, DC 20044–7611, at U.S. EPA Region VIII Montana Office, and should refer to United States v. DEPARTMENT OF JUSTICE Federal Building, 10 West 15th Street, Degussa LLC, D.J. Ref. 90–5–1–1–07956. Suite 3200, Helena, Montana 59624. The decree may be examined at the Notice of Lodging of Consent Decree During the public comment period, the Office of the United States Attorney, Under the Comprehensive Consent Decree, may also be examined 1800 One Bank Center, 600 Superior Environmental Response, on the following Department of Justice Avenue, Cleveland, Ohio 44114–2654 Compensation, and Liability Act Web site, http://www.usdoj.gov/enrd/ and at the U.S. Environmental (‘‘CERCLA’’) open.html. A copy of the Consent Protection Agency Region 5, 77 West Decree may also be obtained by mail Under the policy set out at 28 CFR Jackson Boulevard, Chicago, Illinois from the Consent Decree Library, P.O. 50.7, notice is hereby given that on 60604–3590. During the public August 2, 2005, the United States Box 7611, U.S. Department of Justice, comment period, the decree may also be lodged with the United States District Washington, DC 20044–7611 or by examined on the following Department Court for the District of Montana a faxing or e-mailing a request to Tonia of Justice Web site, http:// proposed consent decree (‘‘Consent Fleetwood ([email protected]), www.usdoj.gov/enrd/open.html. A copy Decree’’) in the case of United States v. fax no. (202) 514–0097, phone of the decree may also be obtained by Atlantic Richfield Company et al., Civil confirmation number (202) 514–1547. In mail from the Consent Decree Library, Action No. CV–89–39–BU–SEH. The requesting a copy of the Consent Decree, P.O. Box 7611, Ben Franklin Station, please reference United States v. ARCO, U.S. Department of Justice, Washington, 1 Commissioner Marcia E. Miller did not DOJ Case Number 90–11–2–430, and DC 20044–7611 or by faxing or e- participate in this determination. enclose a check in the amount of $10.00 mailing a request to Tonia Fleetwood

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([email protected]), fax no. Consent Decree. Comments should be The Department of Justice will receive (202) 514–0097, phone confirmation addressed to the U.S. Department of comments relating to the proposed number (202) 514–1547. In requesting a Justice, Assistant Attorney General, Consent Decree for a period of thirty copy from the Consent Decree Library, Environment and Natural Resources (30) days from the date of this please enclose a check in the amount of Division, P.O. Box 7611, Ben Franklin publication. Comments should be $7.00 (25 cents per page reproduction Station, Washington, DC 20044–7611, addressed to the Acting Assistant cost), payable to the U.S. Treasury. and should refer to United States v. Del Attorney General, Environment and Natural Resources Division, P.O. Box W. Benjamin Fisherow, Monte Fresh Produce (Hawaii), Inc., DOJ Ref. 90–11–3–08277. 7611, U.S. Department of Justice, Deputy Section Chief, Environmental Washington, DC 20044 and should refer Enforcement Section, Environment and The proposed Consent Decree may be Natural Resources Division. examined during the public comment to United States et al. v. Wellsford, Inc., period on the following United States DJ No. 90–11–2–902/2. [FR Doc. 05–16346 Filed 8–17–05; 8:45 am] The proposed Consent Decree may be BILLING CODE 4410–15–M Department of Justice Web site: http:// www.usdoj.gov/enrd/open.html. A copy examined at the office of the United of the Consent Decree may also be States Attorney for the District of DEPARTMENT OF JUSTICE obtained by mail from the Consent Pennsylvania, 615 Chestnut Street, Suite Decree Library, U.S. Department of 1250, Philadelphia, PA 19106–4476, Notice of Lodging of Consent Decree Justice, P.O. Box 7611, Ben Franklin and at the Region 3 Office of the Pursuant to the Comprehensive Station, Washington, DC 20044–7611, or Environmental Protection Agency, 1650 Environmental Response, by faxing or E-mailing a request to Tonia Arch Street, Philadelphia, PA 19103. Compensation, and Liability Act Fleetwood ([email protected]), During the public comment period, the fax number (202) 514–0097, phone decree may also be examined on the Pursuant to Section 122(d)(2) of the following Department of Justice Web Comprehensive Environmental confirmation number (202) 514–1547. When requesting a copy from the site, http://www.usdoj.gov/enrd/ Response, Compensation, and Liability open.html. A copy of the decree may Act (‘‘CERCLA’’), 42 U.S.C. 9622(d)(2), Consent Decree Library, please enclose a check, payable to the U.S. Treasury, in also be obtained by mail from the and 28 CFR 50.7, notice is hereby given Consent Decree Library, P.O. Box 7611, the amount of $24.25 ($.25 per page that a proposed Consent Decree U.S. Department of Justice, Washington, reproduction cost). embodying a settlement in United States DC 20044–7611, or by faxing or e- v. Del Monte Fresh Produce (Hawaii), Ellen Mahan, mailing a request to Tonia Fleetwood Inc., Civil Action No. 05–0049 5, was Assistant Section Chief, Environmental ([email protected]), fax no. lodged on August 4, 2005, with the Enforcement Section, Environment and (202) 514–0097, phone confirmation United States District Court for the Natural Resources Division. number (202) 514–1547. In requesting a District of Hawaii. [FR Doc. 05–16345 Filed 8–17–05; 8:45 am] copy from the Consent Decree Library, In a Complaint filed concurrently BILLING CODE 4410–15–M please enclose a check in the amount of with the lodging of the Consent Decree, $11.00 (25 cents per page reproduction the United States seeks reimbursement cost) payable to the U.S. Treasury. The of costs incurred by the United States DEPARTMENT OF JUSTICE check should refer to United States et al. and injunctive relief relating to the Del v. Wellsford, Inc., DJ No. 90–11–2–902/ Monte Fresh Produce (Hawaii), Inc., site Notice of Lodging of a Consent Decree 2. located in Oahu, Hawaii (‘‘Site’’). The Pursuant to the Comprehensive United States alleges in the Complaint Environmental Response, Robert D. Brook, that the defendant, Del Monte Fresh Compensation and Liability Act Assistant Section Chief, Environmental Produce (Hawaii), Inc. (‘‘DMFP’’), Enforcement Section, Environment and Natural Resources Division. operated the Site and disposed or Notice is hereby given that a proposed arranged to dispose of hazardous consent Decree in United States of [FR Doc. 05–16347 Filed 8–17–05; 8:45 am] substances at the Site within the America v. Wellsford, Civ. Action No. BILLING CODE 4410–15–M meaning of Sections 107(a)(1), (2), and 05–4158 was lodged on August 4, 2005, (3) of CERCLA, 42 U.S.C. 9607(a)(1), (2), with the United States District Court for and (3). the Eastern District of Pennsylvania. DEPARTMENT OF JUSTICE Under the proposed Consent Decree, In the Complaint filed in this matter, DMFP has agreed to fund and perform the United States alleges that Wellsford, Antitrust Division response actions at the Site. The Inc. (‘‘Wellsford’’) is liable for response United States v. Waste Industries USA, Consent Decree requires DMFP to, costs pursuant to Section 107 of the Inc.; Proposed Final Judgment and among other things, install monitoring Comprehensive Environmental Competitive Impact Statement wells to characterize the extent of Response, Compensation and Liability contaminated groundwater; pump and Act (‘‘CERCLA’’), 42 U.S.C. 9607 for its Notice is hereby given, pursuant to treat contaminated groundwater; involvement with the Recticon/Allied the Antitrust Procedures and Penalties implement phytoremediation; place a Steel (‘‘Site’’) in Parkerford, Act, 15 U.S.C. 16(b)–(h), that a vegetated soil covering or cap over the Pennsylvania. The proposed Consent Complaint, proposed Final Judgment, contaminated soil area; install a soil Decree would resolve the United States’ Stipulation, and Competitive Impact vapor extraction system; and restrict claims set forth in the Complaint Statement were filed with the United land use. The Consent Decree also through the payment of $20,000, an States District Court for the Eastern requires DMFP to reimburse the Untied agreement by Wellsford to exercise due District of Virginia in United States v. States for its costs. care and not exacerbate existing Waste Industries USA, Inc., Civ. Action The United States Department of contamination, and the filing of deed No. 2:05CV468. On August 8, 2005, the Justice will receive, for a period of 30 restrictions that provide EPA and its United States filed a Complaint, which days from the date of this publication, representative access to property and sought to compel Waste Industries USA, comments relating to the proposed protect the remedy. Inc., to divest certain small container

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commercial hauling assets in the Street, NW., Suite 3000, Washington, submits to the personal jurisdiction of Norfolk, Virginia area acquired from DC 20530 (telephone: 202–307–0924). the Eastern District of Virginia in this proceeding. Venue is therefore proper in Allied Waste Industries, Inc., and to Dorothy B. Fountain, enjoin Waste Industries from continuing this district under Section 12 of the Deputy Director of Operations, Antitrust Clayton Act, 15 U.S.C. 22 and 28 U.S.C. certain anticompetitive contracting Division. practices. The Complaint alleges that 1391(c). Waste Industries’ acquisition of these United States District Court for the 5. Waste Industries collects municipal assets from Allied has substantially Eastern District of Virginia—Norfolk solid waste from residential, lessened competition in the market for Division commercial, and industrial customers, and owns and operates landfills, which small container commercial hauling United States of America, Department process and dispose of municipal solid services in the Norfolk, Virginia area, in of Justice, Antitrust Division, 1401 H waste. In its waste collection and waste violation of Section 7 of the Clayton Street, NW., Suite 3000, Washington, DC disposal businesses, Waste Industries Act, as amended, 15 U.S.C. 18. The 20530, v. Waste Industries USA, Inc., makes sales and purchases in interstate proposed Final Judgment, also filed on 3301 Benson Drive, Suite 601, Raleigh, commerce, ships waste in the flow of NC 27609, Defendant, August 8, 2005, requires the defendant interstate commerce, and engages in to divest contracts and accounts on Civil No. 2:05cv468 Filed: activities substantially affecting selected Waste Industries small Complaint interstate commerce. The Court has container commercial hauling routes in jurisdiction over this action and over the Norfolk, Virginia area, and to alter Plaintiff United States of America, Waste Industries pursuant to 15 U.S.C. its existing or future small container acting under the direction of the 22 and 28 U.S.C. 1331 and 1337. commercial waste hauling contracts in Attorney General of the United States, that area. A Competitive Impact brings this civil antitrust action to III. Waste Industries and the Statement filed by the United States obtain equitable and other appropriate Transaction describes the Complaint, the proposed relief against defendant Waste 6. Waste Industries is a North Final Judgment, and the remedies Industries USA, Inc., (‘‘Waste Carolina corporation with its principal available to private litigants who may Industries’’), including compelling office in Raleigh, North Carolina. It is have been injured by the alleged Waste Industries to divest certain waste engaged in providing waste collection violation. hauling assets and enjoining Waste and disposal services throughout the Industries from continuing certain Southeastern United States. In 2004, Copies of the Complaint, proposed anticompetititve contracting practices. Waste Industries reported total revenues Final Judgment, Stipulation, and The United States complains and alleges of approximately $291 million. Competitive Impact Statement are as follows: 7. Effective August 1, 2003, Waste available for inspection at the U.S. I. Nature of Action Industries and Allied completed a Department of Justice, Antitrust purchase and sale of assets in Charlotte, Division, 325 Seventh Street, NW., Suite 1. On August 1, 2003, Waste North Carolina; Sumter, South Carolina; 215, Washington, DC 20530 (telephone: Industries purchased from Allied Waste Mobile, Alabama; Biloxi, Mississippi; 202–514–2481), on the Internet at Industries, Inc., (‘‘Allied’’) certain Clarksville, Tennessee; and the http://www.usdoj.gov/atr, and at the waste-hauling assets. Waste Industries Southside. No premerger notification Clerk’s Office of the United States and Allied were two of only a few was required under Section 7A of the District Court for the Eastern District of providers of waste collection services in Clayton Act, 15 U.S.C. 18a(c). Virginia (Norfolk Division). Copies of the independent cities of Norfolk, IV. Trade and Commerce these materials may be obtained upon Chesapeake, Virginia Beach, request and payment of a copying fee. Portsmouth, Suffolk, and Franklin, A. The Relevant Service Market: Small Virginia and the country of Container Commercial Waste Collection Public comment is invited within the Southampton, Virginia (hereinafter the statutory 60-day comment period. Such ‘‘Southside’’). The transaction has 8. Municipal solid waste (‘‘MSW’’) is comments and responses thereto will be lessened substantially competition in solid putrescible waste generated by published in the Federal Register and Southside small container commercial households and commercial filed with the Court. Comments should waste collection services. establishments such as retail stores, be directed to Maribeth Petrizzi, Chief, 2. This action seeks to undo the offices, restaurants, warehouses, and Litigation II Section, Antitrust Division, anticompetitive effects of the nonmanufacturing activities in U.S. Department of Justice, 1401 H acquisition of Allied’s waste hauling industrial facilities. MSW does not assets by Waste Industries. The include special handling waste (e.g., divestitures and contracting practice waste from manufacturing processes, relief sought herein will restore the regulated medical waste, sewage, and benefits of the competition that was lost sludge), hazardous waste, or waste as a result of the transaction. generated by construction or demolition sites. II. Jurisdiction and Venue 9. Waste collection firms, or 3. This action is filed by the United ‘‘haulers,’’ collect MSW from States of America under Section 15 of residential, commercial and industrial the Clayton Act, 15 U.S.C. 25, to prevent establishments and transport the waste and restrain the violation by Waste to a disposal site, such as a transfer Industries of Section 7 of the Clayton station, sanitary landfill, or incinerator, Act, 15 U.S.C. 18. for processing and disposal. Private 4. Waste Industries is located in and waste haulers typically contract directly transacts business in the Eastern District with individual customers for the of Virginia, and Waste Industries collection of waste generated by

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commercial accounts. MSW generated of FEL trucks, waste collection firms sales to more distant competitors. The by residential customers, on the other routinely use REL or side-load trucks, Southside is the relevant geographic hand, is often collected by either local manned by larger crews (usually, two- market, for purposes of analyzing the governments or by private haulers or three-person teams). On residential effects of the acquisition under Section pursuant to contracts bid by, or routes, the crews generally hand-load 7 of the Clayton Act. franchises granted by, municipal the customer’s MSW, typically by C. Reduction in Competition As a authorities. tossing garbage bags and emptying trash Consequence of the Acquisition 10. Small container commercial waste cans into the vehicle’s storage section. collection service is the business of Because of the differences in collection 17. Allied and Waste Industries collecting MSW from commercial and processes, residential customers and directly competed in small container industrial accounts, usually in commercial customers usually are commercial waste collection service on ‘‘dumpsters’’ (i.e., a small container organized into separate routes. For a the Southside. In this market, Allied with one to ten cubic yards of storage variety of reason, other types of and Waste Industries each accounted for capacity), and transporting or ‘‘hauling’’ collection activities, such as roll-off a substantial share of total revenues such waste to a disposal site by use of containers (typically used for from commercial waste collection a front- or rear-end loader truck. Typical construction debris) and collection of services. commercial waste collection customers liquid or hazardous waste, are rarely 18. On the Southside, the acquisition include office and apartment buildings combined with commercial waste reduced from four to three the number and retail establishments (e.g., stores collection activities. This separation of of significant firms competing in the and restaurants). routes is due to differences in the collection of small container 11. Small container commercial waste hauling equipment required, the volume commercial waste. Because of the collection differs in many important of waste collected, health and safety acquisition, Waste Industries now respects from the collection of concerns, and the ultimate disposal controls about 43%—and the two largest residential or other types of waste. An option used. firms about 82%—of the small container individual commercial customer 14. The differences in the types and commercial waste hauling market. The typically generates substantially more volume of MSW collected and in the total Southside market generates annual MSW than a residential customer. To equipment used in collection revenues of about $25 million. handle this high volume of MSW distinguish small container commercial D. Entry into Small Container efficiently, haulers provide commercial waste collection from all other types of Commercial Waste Collection of MSW customers with small dumpsters for waste collection activities. These storing the waste. Haulers organize their differences mean that small container 19. Significant new entry into small commercial accounts into routes and commercial waste collection firms can container commercial waste collection collect and transport the MSW profitably increase their charges for service is difficult and time consuming generated by these accounts in vehicles small container commercial waste on the Southside. A new entrant into uniquely well suited for small container collection services without losing small container commercial waste waste collection, primarily front-end significant sales or revenues to firms collection service cannot provide a loader (‘‘FEL’’) trucks. Less frequently, engaged in the provision of other types significant competitive constraint on the haulers may use more maneuverable, of waste collection services. Thus, small prices charged by market incumbents but less efficient, rear-end loader container commercial waste collection until it achieves minimum efficient (‘‘REL’’) trucks, especially in those areas service is a line of commerce, or scale and operating efficiencies in which a collection route includes relevant service, for purpose of comparable to existing firms. In order to narrow alleyways or streets. FEL trucks analyzing the effects of the acquisition obtain comparable operating efficiency, are unable to navigate narrow under Section 7 of the Clayton Act. a new firm must achieve route density passageways easily and cannot comparable to existing firms. However, efficiently collect waste located in them. B. The Relevant Geographic Market: The the incumbents’ use of price 12. On a typical small container Southside discrimination and long-term contracts commercial waste collection route, an 15. Small container commercial waste prevents new entrants from winning a operator drives a FEL vehicle to the collection service is generally provided large enough base of customers to customer’s container, engages a in highly localized areas because, to achieve efficient routes in sufficient mechanism that grasps and lifts the operate efficiently and profitably, a time to constrain the post-acquisition container over the front of the truck, and hauler must have sufficient density in firm from significantly raising prices empties the container into the vehicle’s its commercial waste collection after the transaction. Differences in the storage section, where the waste is operations (i.e., a large number of service provided by an incumbent compacted and stored. The operator commercial accounts that are reasonably hauler to customers permit the continues along the route, collecting close together). In addition, a FEL or incumbent to meet competition easily MSW from each of the commercial REL vehicle cannot be efficiently driven from new entrants by pricing its services accounts, until the vehicle is full. The long distances without collecting lower to any customer that wants to operator then drives the FEL truck to a significant amounts of MSW, which switch to the new entrant. An disposal facility, such as a transfer makes it economically impractical for a incumbent’s use of long-term contracts, station, landfill, or incinerator, and small container commercial waste which contain large liquidated damage empties the contents of the vehicle. collection firm to serve metropolitan provisions for contract termination and Often, the operator returns to the route areas from a distant base. Haulers, automatically renew, make it more and repeats the process. therefore, generally establish garages difficult for the customer to switch to a 13. In contrast to a commercial and related facilities within each major new hauler and obtain lower prices. collection route, a residential waste local area served. Long-term contracts increase the cost collection route is significantly more 16. Local small container commercial and time required by an entrant to form labor intensive. The customer’s MSW is waste collection firms on the Southside an efficient route, reducing the stored in much smaller containers (e.g., can profitably increase charges to local likelihood that the entrant will be garbage bags or trash cans) and instead customers without losing significant successful.

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E. Harm to Competition Thomas O. Barnett, adjudication of any issue of fact or law, Acting Attorney General. 20. The acquisition by Waste and upon consent of the parties, it is lllllllllllllllllllll Industries of Allied’s Southside assets hereby ordered, adjudged, and decreed: has removed a significant competitor in Dorothy B. Fountain, Deputy Director of Operations. I. Jurisdiction an already highly concentrated and This Court has jurisdiction over each difficult-to-enter Southside small lllllllllllllllllllll Maribeth Petrizzi, of the parties and over the subject container commercial waste collection matter of this action. The Complaint market. In the Southside market, the Chief, Litigation II Section, James J. Tierney, states a claim upon which relief may be resulting substantial increase in Assistant Chief, Litigation II Section. granted against the defendant under concentration, loss of competition, and lllllllllllllllllllll Section 7 of the Clayton Act, as absence of reasonable prospect of amended, 15 U.S.C. § 18. significant new entry, has denied small Leslie D. Peritz. container commercial waste customers lllllllllllllllllllll II. Definitions the benefits of competition—lower Lowell Stern, As used in this Final Judgment: prices and better service. VA Bar No. 33460. A. ‘‘Acquirer’’means the entity to Michael K. Hammaker, V. Violation Alleged whom the defendant divests the Janet A. Nash, Relevant Hauling Assets. 21. On or about August 1, 2003, Waste Kerrie Freeborn, B. ‘‘Hauling’’ means the collection of Industries acquired Allied’s Southside U.S. Department of Justice, Antitrust waste from customers and the shipment Division, Litigation II Section, 1401 H small container commercial waste of the collected waste to disposal sites. collection assets. The effect of this Street, NW., Suite 3000, Washington, DC 20530. [email protected]. (202) 307– Hauling does not include collection of acquisition has been to substantially 0924. roll-off containers. lessen competition in interstate trade C. ‘‘MSW’’means municipal solid and commerce in violation of Section 7 United States District Court for the waste, a term of art used to describe of the Clayton Act. Eastern District of Virginia—Norfolk solid putrescible waste generated by 22. The transaction has had the Division household and commercial following effects, among others: United States of America, Plaintiff, v. establishment such as retail stores, a. Competition generally in small Waste Industries USA, Inc., Defendant offices, restaurants, warehouses, and container commercial waste collection nonmanufacturing activities in service in the Southside market has Final Judgment industrial facilities. MSW does not been lessened substantially; Whereas, the plaintiff United States of include special handling waste (e.g., b. Actual and potential competition America, having filed its Complaint in waste from manufacturing processes, between Allied and Waste Industries in this action on August 8, 2005 and the regulated medical waste, sewage, and small container commercial waste plaintiff and the defendant Waste sludge), hazardous waste, or waste collection service was eliminated on the Industries USA, Inc., by their respective generated by construction or demolition Southside; and attorneys, have consented to the entry of sites. c. Small container commercial waste this Final Judgment without trial or D. ‘‘Relevant Hauling Assets’’ means customers in the Southside market have adjudication of any issue of fact or law, $780,000 in annual Southside small been denied the benefits of competition, and without this Final Judgment container commercial waste collection including competition based on price constituting any evidence against or an revenue comprised of customers from and service. admission by any party with respect to Waste Industries’ waste collection VI. Requested Relief any issue of law or fact; routes 22 and 914 that operate in And Whereas, the defendant agrees to Norfolk and Virginia Beach, The United States requests that this be bound by the provisions of this Final respectively, and all intangible assets Court: Judgment pending its approval by the and records related to such customers, 1. Adjudge and decree the acquisition Court; including contracts, hauling-related of Allied’s Southside small container And Whereas, the essence of this customer lists, account files, and credit commercial waste assets by defendant Final Judgment is the prompt and records. (The divested customers from Waste Industries to violate Section 7 of certain divestiture of the Relevant Routes 22 and 914 are identified in the Clayton Act, as amended, 15 U.S.C. Hauling Assets by the defendant to Exhibit A to this Final Judgment.) If the 18; ensure that competition is substantially defendant Acquirer mutually agree, 2. Compel Waste Industries to divest restored; Acquirer may: (1) Purchase any other waste hauling assets sufficient to restore And Whereas, the United States hauling-related assets used in the competition that was lost as a result requires the defendant to amend certain connection with providing service to the of the transaction; provisions of its waste hauling contracts customers identified in Exhibit A, 3. Enjoin Waste Industries from and to make certain divestitures in order including trucks and other vehicles, continuing certain anticompetitive to remedy the loss of competition containers, materials, and supplies; and contracting practices; alleged in the Complaint; (2) negotiate with, and make offers of 4. Award the United States the cost of And Whereas, the defendant has employment to, personnel involved in this action; and represented to the United States that the the operation and management of the 5. Award the United States such other divestiture required below can and will Relevant Hauling Assets. and further relief as the case requires be made and that the defendant will late E. ‘‘Small container commercial waste and the Court deems proper. raise no claims of hardship or difficulty collection services’’ means the business Respectfully submitted, as grounds for asking the Court to of collecting MSW from commercial and August 8, 2005. modify any of the divestiture or other industrial accounts, usually in injunctive provisions contained below; ‘‘dumpsters’’ (i.e., a small container For Plaintiff United States Now, Therefore, before the taking of with one to ten cubic yards of storage lllllllllllllllllllll any testimony, and without trial or capacity), and transporting or hauling

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such waste to a disposal site by use of prospective Acquirer, subject to the ability of the Acquirer to compete a front-or rear-end loader truck. Typical customary confidentiality assurances, effectively. commercial waste collection customers all information and documents relating V. Appointment of Trustee include office and apartment buildings to the Relevant Hauling Assets and retail establishments (e.g., stores customarily provided in a due diligence A. If the defendant has not divested and restaurants). process except such information or the Relevant Hauling Assets within the F. ‘‘Southside’’ means the documents subject to the attorney-client time period specified in Section IV.A, independent cities of Norfolk, or work-product privileges. The the defendant shall notify the United Chesapeake, Virginia Beach, defendant shall make available such States of that fact in writing. Upon Portsmouth, Suffolk and Franklin, information to the United States at the application of the United States, in its Virginia, and the county of same time that such information is sole discretion, the Court shall appoint Southampton, Virginia. made available to any other person. a trustee selected by the United States G. ‘‘Waste Industries’’ means the C. The defendant shall permit each and approved by the Court to effect the defendant Waste Industries USA, Inc., a prospective Acquirer of the Relevant divestiture of the Relevant Hauling North Carolina corporation with its Hauling Assets to have reasonable Assets. headquarters in Raleigh, North Carolina, access to personnel and access to any B. After the appointment of the and includes its successors and assigns, and all financial, operational, or other trustee becomes effective, only the and its subsidiaries, division, groups, documents and information customarily trustee shall have the right to sell the affiliates, partnerships, joint ventures, provided as part of a due diligence Relevant Hauling Assets. the trustee and their directors, officers, managers, process. If agreed to by the defendant shall have the power and authority to agents, and employees. and the prospective Acquirer, the accomplish the divestiture to an defendant shall provide information Acquirer acceptable to the United III. Applicability relating to the personnel involved in the States, in its sole discretion, at such A. This Final Judgment applies to operation and management of the price, and on such terms as are then Waste Industries, as defined above, and Relevant Hauling Assets to enable the obtainable upon reasonable effort by the all other persons in active concert or Acquirer to make offers of employment. trustee, subject to the provisions of participation with Waste Industries who The defendant will not interfere with Sections IV, V, and VI of this Final receive actual notice of this Final any negotiations by the Acquirer to Judgment, and shall have other powers Judgment by personal service or employ any defendant employee. as this Court deems appropriate. Subject otherwise. D. The defendant shall warrant to the to Section V.D of this Final Judgment, B. The defendant shall require, as a Acquirer of the Relevant Hauling Assets the trustee may have at the cost and condition of the sale or other that each asset will be operational on expense of the defendant any disposition of all or substantially all of the date of sale. investment bankers, attorneys, or other its assets, that the purchaser agree to be E. Unless the United States otherwise agents, who shall be solely accountable bound by the provisions of this Final consents in writing, the divestiture to the trustee, reasonably necessary in Judgment. pursuant to Section IV, or by trustee the trustee’s judgment to assist in the appointed pursuant to Section V of this divestiture. IV. Divestiture Final Judgment, shall include the entire C. The defendant shall not object to a A. The defendant is hereby ordered Relevant Hauling Assets, and shall be sale by the trustee on any ground other and directed, within ninety (90) accomplished in such a way as to satisfy than the trustee’s malfeasance. Any calendar days after the filing of the the United States, in its sole discretion, such objections by the defendant must Complaint in this matter, or five (5) days that the Relevant Hauling Assets can be conveyed in writing in the United after notice of the entry of this Final and will be used by the Acquirer as part States and the trustee within ten (10) Judgment by the Court, whichever is of a viable, ongoing MSW hauling calendar days after the trustee has later, to divest the Relevant Hauling business. Divestiture of the Relevant provided the notice required under Assets in a manner consistent with this Hauling Assets may be made to an Section VI. Final Judgment to an Acquirer Acquirer, provided that it is D. The trustee shall serve at the cost acceptable to the United States in its demonstrated to the sole satisfaction of and expense of the defendant, on such sole discretion. The United States, in its the United States that the Relevant terms and conditions as the United sole discretion, may agree to an Hauling Assets will remain viable and States approves, and shall account for extension of this time period of up to the divestiture of such assets will all monies derived from the sale of the thirty (30) calendar days, and shall remedy the competitive harm alleged in Relevant Hauling Assets sold by the notify the Court in such circumstances. the Complaint. The divestiture, whether trustee and all costs and expenses so The defendant agrees to use its best pursuant to Section IV or Section V of incurred. After approval by the Court of efforts to divest the Relevant Hauling this Final Judgment: the trustee’s accounting, including fees Assets as expeditiously as possible. 1. Shall be made to an Acquirer that, for its services and those of any B. In accomplishing the divestiture in the United States’ sole judgment, has professionals and agents retained by the ordered by this Final Judgment, the the intent and capability, including trustee, all remaining money shall be defendant promptly shall make known, managerial, operational, and financial paid to the defendant and the trust shall by usual and customary means, the capability, to compete effectively in the then be terminated. The compensation availability of the Relevant Hauling waste hauling business; and of the trustee and any professionals and Assets. The defendant shall inform any 2. Shall be accomplished so as to agents retained by the trustee shall be person making inquiry regarding a satisfy the United States, in its sole reasonable in light of the value of the possible purchase of the Relevant discretion, that none of the terms of any Relevant Hauling Assets and based on a Hauling Assets that they are being agreement between an Acquirer and fee arrangement providing the trustee divested pursuant to this Final Waste Industries gives Waste Industries with an incentive based on the price Judgment and provide that person a the ability unreasonably to raise the and terms of the divestiture and the copy of this Final Judgment. The Acquirer’s costs, to lower the Acquirer’s speed with which it is accomplished, defendant shall offer to furnish to each efficiency, or otherwise to interfere in but timeliness is paramount.

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E. The defendant shall use its best VI. Notice of Proposed Divestiture VIII. Preservation of Relevant Hauling efforts to assist the trustee in Assets A. Within two (2) business days accomplishing the required divestiture. A. Until the divestiture required by The trustee and any consultants, following execution of a definitive divestiture agreement, the defendant or this Final Judgment has been accountants, attorneys, and other accomplished, the defendant shall: (1) persons retained by the trustee shall the trustee, whichever is then responsible for effecting the divestiture Preserve and maintain the value and have full and complete access to the goodwill of the Relevant Hauling Assets; personnel, books, records, and facilities required herein, shall notify the United States of any proposed divestiture (2) operate the Relevant Hauling Assets of the business to be divested, and the required by Section IV or V of this Final in the ordinary course of business, defendant shall develop financial and Judgment. If the trustee is responsible, including reasonable efforts to maintain other information relevant to such it shall similarly notify the defendant. and increase sales and revenues; and (3) business as the trustee may reasonably The notice shall set forth the details of take no action that would jeopardize, request, subject to customary the proposed divestiture and list the delay, or impede the sale of the Relevant confidentiality protection for trade name, address, and telephone number of Hauling Assets. secret or other confidential research, each person not previously identified B. The divested customers on Routes development, or commercial who offered or expressed an interest in 22 and 914 identified in Exhibit A information. The defendant shall take or desire to acquire any ownership collectively generate approximately no action to interfere with or to impede interest in the Relevant Hauling Assets, $65,000 in monthly small container the trustee’s accomplishment of the together with full details of the same. commercial waste collection revenue divestiture. ($780,000 annual revenue), as of May B. Within fifteen (15) calendar days of 2005. If, prior to divestiture, any F. After its appointment, the trustee receipt by the United States of such customer identified in Exhibit A let shall file monthly reports with the notice, the United States, in its sole their contracts expire, terminate their United States and the Court settling discretion, may request from the contracts, or reduce small container forth the trustee’s efforts to accomplish defendant, the proposed Acquirer, any commercial waste collection services the divestiture ordered under this Final other third part, or the trustee, if such that small container commercial Judgment. To the extent that such applicable, additional information waste collection revenue to be divested reports contain information that the concerning the proposed divestiture, the declines by five (5) percent or more, the trustee deems confidential, such reports proposed Acquirer, and any other defendant shall divest additional small shall not be filed in the public docket potential Acquirer. The defendant and container commercial waste collection of the Court. Such reports shall include the trustee shall furnish any additional customers to replace these revenues up the name, address, and telephone information requested within fifteen to $780,000. The defendant shall number of each person who, during the (15) calendar days of the receipt of the provide monthly customer reports that proceeding month, made an offer to request, unless the parties shall update Exhibit A and identify any lost acquire, expressed an interest in otherwise agree. customers, customer price increases or acquiring, entered into negotiations to C. Within thirty (30) calendar days acquire, or was contacted or made an service changes, and overall revenue after receipt of the notice or within changes. Any change in the Relevant inquiry about acquiring, any interest in twenty (20) calendar days after the the Relevant Hauling Assets, and shall Hauling Assets must be reviewed by and Unites States has been provided the approved by the United States. All describe in detail each contact with any additional information requested from such person. The trustee shall maintain revenue calculations under Section the defendant, the proposed Acquirer, VIII.B of this Final Judgment shall be full records of all efforts made to divest any third party, or the trustee, the Relevant Hauling Assets. based on monthly revenues for May whichever is later, the United States, in 2005. G. If the trustee has not accomplished its sole discretion, shall provide written such divestiture within six (6) months notice to the defendant and the trustee, IX. Affidavits after its appointment, the trustee shall if there is one, stating whether or not it A. Within twenty (20) calendar days promptly file with the Court a report objects to the proposed divestiture. If of the filing of the Complaint in this setting forth (1) the trustee’s efforts to the United States provides written matter, and every thirty (30) calendar accomplish the required divestiture, (2) notice that it does not object, the days thereafter until the divestiture has the reasons, in the trustee’s judgment, divestiture may be consummated, been completed under Section IV or V, why the required divestiture has not subject only to the defendant’s limited the defendant shall deliver to the United been accomplished, and (3) the trustee’s right to object to the sale under Section States an affidavit as to the fact and recommendations. To the extent that V.C of this Final Judgment. Absent manner of its compliance with Section such reports contain information that written notice that the United states IV or V of this Final Judgment. Each the trustee deems confidential, such does not object to the proposed Acquirer such affidavit shall include the name, reports shall not be filed in the public or upon objection by the United States, address, and telephone number of each docket of the Court. The trustee shall at a divestiture proposed under Section IV person who, during the preceding thirty the same time furnish such report to the or Section V shall not be consummated. (30) days, made an offer to acquire, United States who shall have the right Upon objection by the defendant under expressed an interest in acquiring, to make additional recommendations Section V.C, a divestiture proposed entered into negotiations to acquire, or consistent with the purpose of the trust. under Section V shall not be was contacted or made an inquiry about The Court thereafter shall enter such consummated unless approved by the acquiring, any interest in the Relevant orders as it shall deem appropriate to Court. Hauling Assets, and shall describe in carry out the purpose of the Final VII. Financing detail each contact with any such Judgment, which may, if necessary, person during that period. Each such including extending the trust and the The defendant shall not finance all or affidavit shall also include a description term of the trustee’s appointment by a any part of any purchase made pursuant of the efforts the defendant has taken to period requested by the United States. to Section IV or V of this Judgment. solicit buyers for the Relevant Hauling

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Assets, and to provide required B. Upon the written request of a duly 4. liquidated damages of no more than information to each prospective authorized representative of the three (3) times the contract’s average Acquirer, including the limitations, if Assistant Attorney General in charge of monthly charge during the first year the any, on such information. Assuming the the Antitrust Division, the defendant customer has had service with the information set forth in the affidavit is shall submit such written reports or defendant; and true and complete, any objection by the responses to written interrogatories, 5. liquidated damages of no more than United States to information provide by under oath if requested, relating to any two (2) times the contract’s average the defendant, including limitations on of the matters contained in this Final monthly charge after the first year the information, shall be made within Judgment as may be requested. customer has had service with the fourteen (14) days of receipt of such C. No information or documents defendant. affidavit. obtained by the means provided in this B. Within twenty (20) calendar days section shall be divulged by the United B. Within thirty (30) calendar days of of the filing of the Complaint in this States to any person other than an the filing of the Complaint in this matter, the defendant shall deliver to authorized representative of the matter, the defendant, by means of a the United States an affidavit that executive branch of the United States, letter approved by the United States, describes in reasonable detail all actions except in the course of legal proceedings shall inform its existing Southside small the defendant has taken and all steps to which the United States is a party container commercial waste collection the defendant has implemented on an (including grand jury proceedings), or customers about the terms, conditions ongoing basis to comply with Section for the purpose of securing compliance and rights set forth in Sections XII.A VIII of this Final Judgment. The with this Final Judgment, or as and XII.B of this Final Judgment and defendant shall deliver to the United otherwise required by law. shall offer in writing to the customers States an affidavit describing any D. If at the time information or the option to enter into the Standard changes to the efforts and actions documents are furnished by the Contract. Should an existing customer outlined in the defendant’s earlier defendant to the United States, the request the Standard Contract, the affidavits filed pursuant to this section defendant represents and identifies in defendant shall execute the Standard within fifteen (15) calendar days after writing the material in any such Contract with that customer. The the change is implemented. information or documents to which a defendant shall not initiate negotiations C. The defendant shall keep all claim of protection may be asserted with existing customers to modify the records of all efforts made to preserve under Rule 26(c)(7) of the Federal Rules Standard Contract; however, upon the the Relevant Hauling Assets and to of Civil Procedure, and the defendant request of the customer, the defendant divest the Relevant Hauling Assets until marks each pertinent page of such may modify the Standard Contract one year after such divestiture has been material, ‘‘Subject to claim of protection subject to the procedures set forth in completed. under Rule 26(c)(7) of the Federal Rules Section XII.C of this Final Judgment. of Civil Procedure,’’ then the United Should an existing customer continue X. Compliance Inspection States shall give the defendant ten (10) with its current contract, the defendant A. For the purposes of determining or calendar days notice prior to divulging shall not enforce any term or condition securing compliance with this Final such material in any legal proceeding that is inconsistent with Section XII.A Judgment, or of determining whether (other than a grand jury proceeding). of this Final Judgment. For example, if the Final Judgment should be modified an existing customer contract has a five- XI. No Reacquisition or vacated, and subject to any legally year initial term, the defendant may recognized privilege, from time to time The defendant may not reacquire all only enforce this provision for a two- duly authorized representatives of the or substantially all of the Relevant year period from the date the contract United States Department of Justice, Hauling Assets listed in Exhibit A was executed. including consultants and other persons during the term of this Final Judgment. C. From the date of filing the retained by the United States, shall, Nothing herein shall preclude the Compliant in this action, the defendant upon written request of a duly defendant from competing for the shall use the Standard Contract with all authorized representative of the hauling business of any individual new customers and any existing Assistant Attorney General in charge of customer listed in Exhibit A, so long as customer that may request the Standard the Antitrust Division, and on the defendant’s conduct is consistent Contract. The defendant may negotiate reasonable notice to the defendant and with a commercially reasonable sales terms and conditions different from counsel of record, be permitted: agreement negotiated with the Acquirer those set forth in Section XII.A of this 1. access during the defendant’s office of the Relevant Hauling Assets. Final Judgment, provided that the hours to inspect and copy, or at the XII. Southside Contract Relief Standard Contract form is utilized, the United States’ option, to require the customer is notified in writing that it defendant to provide copies of all books, A. The defendant shall alter the can accept the Standard Contract ledgers, accounts, records, and standard contract form (‘‘the Standard without modification, the documents in the possession or control Contract’’) it uses with small container modification(s) are made in the physical of the defendant, relating to any matters commercial waste collection customers presence of the customer, the contained in this Final Judgment; and in the Southside and the Standard modification(s) are made in writing on 2. to interview, either informally or on Contract shall contain the following the Standard Contract, and the customer the record, the defendant’s officers, terms: initials each modification. If the employees, or agents, who may have 1. an initial term no longer than two defendant complies with the their individual counsel present, (2) years; requirements set forth in this subsection regarding such matters. The interviews 2. a renewal term no longer than one C, this Final Judgment shall not prevent shall be subject to the reasonable (1) year; the enforcement by either the defendant convenience of the interviewee and 3. a notice of termination no9 more or customer of any such negotiated without restraint or interference by the than thirty (30) days prior to the end of modifications that are different from defendant. any initial term or renewal term; those set forth in Section XII.A.

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D. The provisions of Section XII of any of its provisions, to enforce XV. Public Interest Determination this Final Judgment will expire on compliance, and to punish violations of Entry of this Final Judgment is in the August 8, 2010. its provisions. public interest. XIII. Retention of Jurisdiction XIV. Expiration of Final Judgment lllllllllllllllllll This Court retains jurisdiction to Date: llllllllllllllllll Unless this Court grants an extension enable any party to this Final Judgment Court approval subject to procedures of to apply to this Court at any time for or as otherwise noted in Section XII.D, Antitrust Procedures and Penalties Act, 15 further orders and directions as may be this Final Judgment shall expire ten (10) U.S.C. 16 necessary or appropriate to carry out or years from the date of its entry. lllllllllllllllllllll construe this Final Judgment, to modify United States District Judge

EXHIBIT A

Customer Customer Route Code No. Route Code No.

0022 ...... 136 914 ...... 237 0022 ...... 367 914 ...... 244 0022 ...... 604 914 ...... 375 0022 ...... 763 914 ...... 572 0022 ...... 781 914 ...... 979 0022 ...... 921 914 ...... 1176 0022 ...... 3143 914 ...... 1560 0022 ...... 1154 914 ...... 1791 0022 ...... 5014 914 ...... 2770 0022 ...... 5456 914 ...... 5041 0022 ...... 28287 914 ...... 6167 0022 ...... 100079 914 ...... 6692 0022 ...... 100097 914 ...... 9679 0022 ...... 100541 914 ...... 100034 0022 ...... 100684 914 ...... 100172 0022 ...... 100699 914 ...... 100178 0022 ...... 103169 914 ...... 100497 0022 ...... 103228 914 ...... 101187 0022 ...... 103940 914 ...... 101375 0022 ...... 103941 914 ...... 101531 0022 ...... 104024 914 ...... 102162 0022 ...... 104089 914 ...... 102374 0022 ...... 608 914 ...... 102458 0022 ...... 545 914 ...... 103088 0022 ...... 546 914 ...... 103939 0022 ...... 547 914 ...... 104579 0022 ...... 550 914 ...... 104834 0022 ...... 626 914 ...... 100017 0022 ...... 3486 914 ...... 104455 0022 ...... 101015 914 ...... 104601 0022 ...... 1334 914 ...... 104649 0022 ...... 3513 914 ...... 4564 0022 ...... 100957 914 ...... 5020 0022 ...... 103536 914 ...... 199 0022 ...... 104867 914 ...... 261 0022 ...... 100045 914 ...... 285 0022 ...... 101295 914 ...... 316 0022 ...... 101486 914 ...... 422 0022 ...... 103102 914 ...... 476 0022 ...... 103978 914 ...... 693 0022 ...... 103040 914 ...... 710 0022 ...... 3102 914 ...... 725 0022 ...... 100681 914 ...... 774 0022 ...... 102270 914 ...... 775 0022 ...... 104583 914 ...... 788 0022 ...... 104868 914 ...... 811 0022 ...... 246 914 ...... 856 0022 ...... 257 914 ...... 924 0022 ...... 305 914 ...... 1065 0022 ...... 354 914 ...... 1070 0022 ...... 368 914 ...... 1122 0022 ...... 495 914 ...... 1835 0022 ...... 500 914 ...... 2995 0022 ...... 515 914 ...... 3880 0022 ...... 625 914 ...... 3902 0022 ...... 630 914 ...... 3952 0022 ...... 638 914 ...... 4518 0022 ...... 639 914 ...... 4836

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EXHIBIT A—Continued

Customer Customer Route Code No. Route Code No.

0022 ...... 653 914 ...... 5236 0022 ...... 654 914 ...... 6010 0022 ...... 667 914 ...... 6486 0022 ...... 668 914 ...... 6605 0022 ...... 687 914 ...... 6956 0022 ...... 691 914 ...... 6969 0022 ...... 728 914 ...... 7110 0022 ...... 852 914 ...... 7924 0022 ...... 863 914 ...... 8374 0022 ...... 897 914 ...... 9515 0022 ...... 922 914 ...... 9551 0022 ...... 966 914 ...... 9578 0022 ...... 991 914 ...... 9638 0022 ...... 1022 914 ...... 9778 0022 ...... 1146 914 ...... 9802 0022 ...... 1151 914 ...... 9831 0022 ...... 1165 914 ...... 14897 0022 ...... 1167 914 ...... 26813 0022 ...... 1169 914 ...... 27632 0022 ...... 1876 914 ...... 27794 0022 ...... 2311 914 ...... 28203 0022 ...... 2371 914 ...... 28206 0022 ...... 2404 914 ...... 28285 0022 ...... 2570 914 ...... 28296 0022 ...... 2845 914 ...... 28556 0022 ...... 3371 914 ...... 28670 0022 ...... 3439 914 ...... 28909 0022 ...... 4022 914 ...... 28970 0022 ...... 4086 914 ...... 100003 0022 ...... 4096 914 ...... 100016 0022 ...... 4220 914 ...... 100028 0022 ...... 4638 914 ...... 100029 0022 ...... 4952 914 ...... 100032 0022 ...... 4987 914 ...... 100039 0022 ...... 5030 914 ...... 100041 0022 ...... 5197 914 ...... 100059 0022 ...... 5725 914 ...... 100065 0022 ...... 6908 914 ...... 100066 0022 ...... 7103 914 ...... 100080 0022 ...... 7437 914 ...... 100091 0022 ...... 7438 914 ...... 100095 0022 ...... 7971 914 ...... 100107 0022 ...... 8171 914 ...... 100111 0022 ...... 28239 914 ...... 100119 0022 ...... 28250 914 ...... 100147 0022 ...... 28288 914 ...... 100170 0022 ...... 28694 914 ...... 100272 0022 ...... 100013 914 ...... 100322 0022 ...... 100098 914 ...... 100358 0022 ...... 100133 914 ...... 100373 0022 ...... 100169 914 ...... 100417 0022 ...... 100276 914 ...... 100421 0022 ...... 100295 914 ...... 100476 0022 ...... 100300 914 ...... 100485 0022 ...... 100310 914 ...... 100508 0022 ...... 100315 914 ...... 100544 0022 ...... 100316 914 ...... 100575 0022 ...... 100337 914 ...... 100582 0022 ...... 100478 914 ...... 100593 0022 ...... 100521 914 ...... 100634 0022 ...... 100620 914 ...... 100647 0022 ...... 100663 914 ...... 100702 0022 ...... 100676 914 ...... 100713 0022 ...... 100709 914 ...... 100722 0022 ...... 100764 914 ...... 100742 0022 ...... 100816 914 ...... 100782 0022 ...... 100893 914 ...... 100796 0022 ...... 100995 914 ...... 100930 0022 ...... 101030 914 ...... 100931 0022 ...... 101044 914 ...... 100953 0022 ...... 101112 914 ...... 100967

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EXHIBIT A—Continued

Customer Customer Route Code No. Route Code No.

0022 ...... 101148 914 ...... 100990 0022 ...... 101247 914 ...... 100991 0022 ...... 101335 914 ...... 101011 0022 ...... 101541 914 ...... 101097 0022 ...... 101657 914 ...... 101166 0022 ...... 101788 914 ...... 101283 0022 ...... 101812 914 ...... 101293 0022 ...... 102431 914 ...... 101323 0022 ...... 102643 914 ...... 101341 0022 ...... 102645 914 ...... 101359 0022 ...... 102814 914 ...... 101421 0022 ...... 102823 914 ...... 101433 0022 ...... 102931 914 ...... 101451 0022 ...... 102943 914 ...... 101453 0022 ...... 103070 914 ...... 101464 0022 ...... 103157 914 ...... 101474 0022 ...... 103250 914 ...... 101524 0022 ...... 103278 914 ...... 101568 0022 ...... 103279 914 ...... 101603 0022 ...... 103485 914 ...... 101604 0022 ...... 103627 914 ...... 101610 0022 ...... 103640 914 ...... 101612 0022 ...... 103777 914 ...... 102140 0022 ...... 103834 914 ...... 102338 0022 ...... 103835 914 ...... 102355 0022 ...... 103879 914 ...... 102366 0022 ...... 103949 914 ...... 102604 0022 ...... 103979 914 ...... 102698 0022 ...... 104005 914 ...... 102707 0022 ...... 104038 914 ...... 102708 0022 ...... 104062 914 ...... 102926 0022 ...... 104334 914 ...... 102959 0022 ...... 104460 914 ...... 102965 0022 ...... 104475 914 ...... 102981 0022 ...... 104491 914 ...... 103014 0022 ...... 104518 914 ...... 103015 0022 ...... 104536 914 ...... 103087 0022 ...... 104542 914 ...... 103099 0022 ...... 104560 914 ...... 103119 0022 ...... 104600 914 ...... 103120 0022 ...... 104700 914 ...... 103161 0022 ...... 104704 914 ...... 103170 0022 ...... 104707 914 ...... 103180 0022 ...... 104732 914 ...... 103231 0022 ...... 104819 914 ...... 103249 0022 ...... 104870 914 ...... 103519 0022 ...... 104905 914 ...... 103577 0022 ...... 104942 914 ...... 103772 Total Customers ...... 177 914 ...... 103780 914 ...... 103814 914 ...... 103822 914 ...... 103889 914 ...... 103930 914 ...... 103965 914 ...... 103990 914 ...... 104036 914 ...... 104067 914 ...... 104077 914 ...... 104162 914 ...... 104231 914 ...... 104449 914 ...... 104470 914 ...... 104511 914 ...... 104521 914 ...... 104525 914 ...... 104526 914 ...... 104578 914 ...... 104590 914 ...... 104606 914 ...... 104619 914 ...... 104635

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EXHIBIT A—Continued

Customer Customer Route Code No. Route Code No.

914 ...... 104651 914 ...... 104656 914 ...... 104659 914 ...... 104831 914 ...... 104850 914 ...... 104887 914 ...... 104916 914 ...... 105001 Total Customers ...... 208

United States District Court for the notice of the entry of the Final Judgment commercial waste collection is one Eastern District of Virginia—Norfolk by the Court, whichever is later, to component of MSW collection, which Division divest, as a viable business operation, also includes residential and other specified waste-hauling assets. In waste collection. United States of America, Plaintiff, v. addition to the divestiture, the proposed Waste Industries USA, Inc., Defendant Small container commercial waste Final Judgment also requires Waste collection service is the collection of Civil No. Industries to comply with certain MSW from commercial businesses such Filed: conditions regarding its customer as office and apartment buildings and Competitive Impact Statement contracts in the Southside. retail establishments (e.g., stores and The United States and Waste Plaintiff United States of America restaurants) for shipment to, and Industries have stipulated that the (‘‘United States’’), pursuant to Section disposal at, an approved disposal proposed Final Judgment may be 2(b) of the Antitrust Procedures and facility. Because of the type and volume entered after compliance with the Penalties Act (‘‘APPA’’), 15 U.S.C. of waste generated by commercial APPA. Entry of the proposed Final 16(b)–(h), files this Competitive Impact accounts and the frequency of service Judgment would terminate this action, Statement relating to the proposed Final required, haulers organize commercial except that the Court would retain Judgment submitted for entry in this accounts into special routes, and jurisdiction to construe, modify, or civil antitrust proceeding. generally use specialized equipment to enforce the provisions of the proposed store, collect, and transport waste from I. Nature and Purpose of the Proceeding Final Judgment and to punish violations these accounts to approved disposal Defendant Waste Industries USA, Inc. thereof. sites. This equipment (i.e., one- to ten- (‘‘Waste Industries’’) purchased from II. Description of the Events Giving Rise cubic-yard containers for waste storage, Allied Waste Industries, Inc. (‘‘Allied’’), to the Alleged Violation and front-end load vehicles commonly effective August 1, 2003, certain waste- used for collection and transportation) hauling assets located in the A. The Acquisition is uniquely well suited for providing independent cities of Norfolk, On August 1, 2003, Waste Industries small container commercial waste Chesapeake, Virginia Beach, acquired Allied’s hauling assets in the collection service. Portsmouth, Suffolk, and Franklin, Southside. The transaction has lessened Providers of other types of waste Virginia and the county of competition in the Southside small collection services (e.g., residential and Southampton, Virginia (hereinafter the container commercial waste collection roll-off services) are not good substitutes ‘‘Southside’’). The United States filed a services market. Waste Industries, with for small container commercial waste civil antitrust Complaint on August 8, revenues in 2004 of approximately $291 collection firms. In their waste 2005, seeking a declaration that Waste million, is engaged in providing waste collection efforts, these firms use Industries’ purchase from Allied collection and disposal services different waste storage equipment (e.g., violated Section 7 of the Clayton Act throughout the southeastern United garbage cans or semi-stationary roll-off and requesting equitable relief. The States. Allied, with revenues in 2004 of containers) and different vehicles (e.g., Complaint alleges that the transaction approximately $5.4 billion, is the rear-load, side-load, or roll-off trucks), substantially lessened competition for nation’s second-largest waste collection which, for a variety of reasons, cannot small container commercial waste and disposal company. be conveniently or efficiently used to collection services in the Southside. store, collect, or transport waste This loss of competition has denied B. Southside Small Container generated by commercial accounts, and Southside customers the benefits of Commercial Waste Collection Services hence, are generally not used on small competition—lower prices and better Market container commercial waste collection service. Municipal solid waste (‘‘MSW’’) is routes. The Complaint alleges that, in At the same time the Complaint was solid, putrescible waste generated by the event of a small but significant filed, the United States also filed a households and commercial increase in price for small container proposed Final Judgment, which is establishments. Waste collection firms, commercial waste collection services, designed to eliminate the or haulers, contract to collect MSW from customers would not switch to any anticompetitive effects of the residential and commercial customers other alternative and that, therefore, the acquisition. Under the proposed Final and transport the waste to private and provision of small container commercial Judgment, which is explained more public disposal facilities (e.g., transfer waste collection services constitutes a fully below, Waste Industries is required stations, incinerators and landfills), line of commerce, or relevant service, within ninety (90) days after the filing which, for a fee, process and legally for purposes of analyzing the effects of of the Complaint, or five (5) days after dispose of the waste. Small container the transaction.

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The Complaint alleges that the termination. Such terms make it more acquisition, there is one less competitor provision of small container commercial costly or difficult for a customer to in a market with two dominant waste collection service takes place in switch to a new hauler and obtain lower participants and one small participant compact, highly localized geographic prices for its collection service. Because whose operations have expanded markets. It is expensive to ship waste of these factors, a new entrant may find slightly since the acquisition. long distances in waste collection it difficult to compete by offering its The divestiture and contract relief operations. To minimize transportation services at price levels comparable to provisions of the proposed Final costs and maximize the scale, density, the incumbents’ pre-entry prices. Such Judgment will eliminate the and efficiently of their waste collection difficulties may cause an increase in the anticompetitive effects of the operations, small container commercial cost and time required to form an acquisition by establishing a new, waste collection firms concentrate their efficient route, thereby limiting a new independent, and economically viable customers and collection routes in small entrant’s ability to build an efficient competitor or by strengthening an areas. Firms with operations route and reducing the likelihood that existing, in-market hauler, and by also concentrated in a distant area cannot the entrant will ultimately be reducing the barriers to entry created by easily compete against firms whose successful. the contracts currently used by Waste routes and customers are locally based. The need for route density, the use of Industries. long-term contracts with restrictive Distance may significantly limit a A. Divestiture remote firm’s ability to provide terms, and the ability of existing firms commercial waste collection service as to price discriminate raise significant The proposed Final Judgment requires frequently or conveniently as that barriers to entry by new firms, which Waste Industries, within ninety (90) offered by local firms with nearby will likely be forced to complete at days after the filing of the Complaint, or five (5) days after notice of the entry of routes. Also, local commercial waste lower than pre-entry price levels. the Final Judgment by the Court, collection firms have significant cost C. Anticompetitive Effects of the whichever is later, to divest as a viable advantages over other firms and can Transaction ongoing business specified small profitably increase their charges to local Waste Industries’ acquisition of container commercial waste collection commercial customers without losing Allied’s hauling assets reduced from assets in the Southside. Under the significant sales to firms outside the four to three the number of significant proposed Final Judgment, Waste area. Based on these circumstances, the firms that compete in the collection of Industries is required to divest the Complaint alleges that the Southside small container commercial waste in the specified assets to a new, independent, constitutes a section of the country, or Southside. Waste Industries now and economically viable competitor or relevant geographic market, for the controls about 43% of the Southside to an existing, independent, and purpose of assessing the competitive small container commercial waste economically viable small hauler. The effects of Waste Industries’ purchase of hauling market. The total Southside proposed Final Judgment requires Allied’s Southside hauling assets in the market generates annual revenues of divestiture of certain small container provision of small container commercial approximately $25 million. Two firms, commercial waste collection customers waste collection services. Waste Industries and Waste that produce annual revenues of There are significant entry barriers in Management, Inc., control about 82% of $780,000. A divestiture of this size will small container commercial waste the market. reduce Waste Industries’ market share to collection services. A new entrant in The Complaint alleges that Waste approximately Allied’ July 2003 small container commercial waste Industries’ acquisition of Allied’s premerger market share. The divested collection services must achieve a hauling assets in the Southside has customers come from two existing minimum efficient scale and operating removed a significant competitor in Waste Industries routes, one in Virginia efficiencies comparable to those of small container commercial waste Beach and the other in Norfolk. These existing firms to provide a significant collection services. The resulting two areas account for the majority of competitive constraint on the prices increase in concentration, loss of Waste Industries’ Southside small charged by market incumbents. In order competition, and absence of any container commercial waste revenues. to obtain comparable operating reasonable prospect of significant new Waste Industries will retain certain efficiencies, a new firm must achieve entry or expansion by market customers on the designated routes, route density similar to existing firms. incumbents has denied Southside including customers that would be Because most customers have their customers the benefits of competition— difficult to divest because, for example, waste collected once or twice a week, a lower prices and better service. the customer is serviced as part of a new entrant generally requires several national account or the customer has III. Explanation of the Proposed Final hundred customers in close proximity multiple locations that are serviced on Judgment to construct an efficient route. However, Waste Industries routes not subject to the common use of price discrimination The proposed Final Judgment is divestiture. and long-term contracts by existing designed to return the Southside small The assets must be divested in such commercial waste collection firms can container commercial waste collection a way as to satisfy the United States that leave too few customers available to the services market to its pre-acquisition the operations can and will be operated entrant in a sufficiently confined competitive state while recognizing by the purchaser as a viable, ongoing geographic area to create an efficient changes to other haulers since the business that can compete effectively in route. The incumbent firm can acquisition. At the time of the the Southside. Waste Industries must selectively and temporarily charge an acquisition, there were four significant take all reasonable steps necessary to extraordinarily low price to specified competitors in the Southside market. accomplish the divestiture quickly and customers targeted by new entrants. Allied and Waste Management, Inc. shall cooperate with prospective Long-term contracts often run for three dominated the market with substantial purchasers. to five years and may automatically market shares. Waste Industries and Under the proposed Final Judgment, renew or contain large liquidated another local hauler were small but Waste Industries will be required to damage provisions for contract significant players. Thus, post- preserve and maintain the divested

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assets and to operate the assets in the one year; (3) no requirement that the suffered, as well as costs and reasonable ordinary course of business, including customer give Waste Industries notice of attorneys’ fees. Entry of the proposed reasonable efforts to maintain and termination more than thirty days prior Final Judgement will neither impair nor increase sales and revenues. To ensure to the end of any initial term or renewal assist the bring of any private antitrust that Waste Industries takes no action to term; (4) no requirement that the damage action. Under the provisions of jeopardize the divested assets, in the customer pay liquidated damages more Section 5(a) of the Clayton Act, 15 U.S.C event revenues generated by the than three times its average monthly 16(a), the proposed Final Judgment has divested customers decline by 5% or charge during the first year the customer no prima facie effect in any subsequent more, the proposed Final Judgment will has had service with Waste Industries; private lawsuit that may be brought require that Waste Industries divest and (5) no requirement that the against Waste Industries. additional customers to replace the lost customer pay liquidated damages more V. Procedures Available for revenues. than two times it average monthly Modification of the Proposed Final In the event that Waste Industries charge after the first year the customer Judgment does not accomplish the divestiture has had service with Waste Industries. within the period prescribed by the Waste Industries will be required to The United States and Waste proposed Final Judgment, the Final send a letter to its current customers Industries have stipulated that the Judgment provides that the Court will advising them of the new contract terms proposed Final Judgment may be appoint a trustee selected by the United and that Waste Industries may not entered by the Court after compliance States to effect the divestiture. If a enforce more restrictive terms even if with the provisions of the APPA, trustee is appointed, the proposed Final the customer does not enter into a new provided that the United States has not Judgment provides that Waste Industries contract. The proposed Final Judgment withdrawn its consent. The APPA will pay all costs and expenses of the provides that as to Waste Industries’ conditions entry upon the Court’s trustee. The trustee’s compensation will current customers, only the customer determination that the proposed Final be structured so as to provide an can initiate negotiations to replace its Judgment is in the public interest. incentive for the trustee based on the existing contract. Waste Industries shall The APPA provides a period of at price obtained and the speed with offer in writing the Standard Contract to least sixty (60) days preceding the which the divestiture is accomplished. all new customers and any existing effective date of the proposed Final After his or her appointment becomes customers who choose to initiate Judgment within which any person may effective, the trustee will file monthly contract negotiations. Waste Industries submit to the United States written reports with the Court and the United and these customers are then free to comments regarding the proposed Final States as appropriate, setting forth his or negotiate modifications to the Standard Judgment. Any person who wishes to her efforts to accomplish the divestiture. Contract terms, provided that the comment should do so within sixty (60) At the end of six months, if the modifications are made in the presence days of the date of publication of this divestiture has not been accomplished, of the customer, in writing, and initiated Competitive Impact Statement in the the trustee and the United States as by the customer. The proposed Final Federal Register. The United States will appropriate, will make Judgment shall not prevent the evaluate and respond to the comments. recommendations to the Court, which enforcement by either the defendant or All comments will be given due shall enter such orders as appropriate to customer of any such negotiated consideration by the United States, carry out the purpose of the trust, modification. which remains free to withdraw its including extending the trust or the This contract relief is significant consent to the proposed Final Judgment term of the trustee’s appointment. because it lowers barriers to entry by at any time prior to entry. The While the proposed Final Judgment giving new and existing customers comments and the response of the prohibits Waste Industries from greater leverage in contract negotiations United States will be filed with the reacquiring all or substantially all of the with Waste Industries and allowing Court and published in the Federal small container commercial waste existing customers to consider Register. customers to be divested, it encourages competitive alternatives by providing Written comments should be ongoing Southside competition by for the termination of existing contracts submitted to: Maribeth Petrizzi, Chief, permitting Waste Industries to continue through the payment of reasonable Litigation II Section, Antitrust Divsion, to compete for the hauling business of liquidated damages. Implementation of U.S. Department of Justice, 1401 H any individual customer to be divested. the proposed contract relief will make it Street, NW., Suite 3000, Washington, Waste Industries’ conduct in this regard easier for customers to switch haulers DC 20530. must be consistent with a commercially and should enable the purchaser of the The proposed Final Judgment reasonable sales agreement negotiated divested assets and other competitors to provides that the Court retains with the acquirer of the divested assets. gain customers if Waste Industries raises jurisdiction over this action, and the prices. The combined divestiture and parties may apply to the Court for any B. Contract Relief contract relief sought in the Southside order necessary or appropriate for the Because the divestiture alone will not will ensure that consumers of small modification, interpretation, or fully eliminate the anticompetitive container commercial waste collection enforcement of the Final Judgment. effects of the acquisition, the proposed services will continue to receive the VI. Alternatives to the Proposed Final Final Judgment also requires contract benefits of competition. relief. The Final Judgment obligates Judgment Waste Industries, for a period of five (5) Remedies Available to Potential Private The United States considered, as an years from August 8, 2005, to offer all Litigants alternative to the proposed Final new customers and all existing Section 4 of the Clayton Act, 15 Judgment, a full trial on the merits customers who initiate negotiations, a U.S.C. 15, provides that any person who against Waste Industries. The United contract with at least the following has been injured as a result of conduct States could have continued the conditions (‘‘the Standard Contract’’): prohibited by the antitrust laws may litigation and requested that the (1) No initial term longer than two bring suit in federal court to recover Southside transaction be adjudged and years; (2) no renewal term longer than three times the damages the person has decreed to be unlawful and in violation

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of Section 7 of the Clayton Act. The [a]bsent a showing of corrupt failure of the flexible and less strict than the standard United States is satisfied, however, that government to discharge its duty, the Court, required for a finding of liability. ‘‘[A] the divestiture of assets and the contract in making its public interest finding, should proposed decree must be approved even relief described in the proposed Final * * * carefully consider the explanations of the government in the competitive impact if it falls short of the remedy the court Judgment will preserve competition for statement and its responses to comments in would impose on its own, as long as it small container commercial waste order to determine whether those falls within the range of acceptability or collection services in the Southside. explanations are reasonable under the is ‘within the reaches of public VII. Standard of Review Under the circumstances. interest.’’’ United States v. Am. Tel. & Tel. Co., 552 F. Supp. 131, 151 (D.D.C. APPA for the Proposed Final Judgment United States v. Mid-Am. Dairymen, 1982) (citations omitted) (quoting The APPA requires that proposed Inc., 1977–1 Trade Cas. (CCH) ¶ 61,508, Gillette, 406 F. Supp. at 716), aff’d sub consent judgments in antitrust cases at 71,980 (W.D. Mo. 1977). nom. Maryland v. United States, 460 brought by the United States be subject Accordingly, with respect to the ot a sixty-day comment period, after adequacy of the relief secured by the U.S. 1001 (1983); see also United States which the Court shall determine decree, a court may not ‘‘engage in v. Alcan Aluminum Ltd., 605 F. Supp. whether entry of the proposed Final unrestricted evaluation of what relief 619, 622 (W.D. Ky. 1985) (approving the Judgment ‘‘is in the public interest.’’ 15 would best serve the public.’’ United consent decree even though the court U.S.C. 16(e)(1). In making that States v. BNS, Inc., 858 F.2d 456, 462 would have imposed a greater remedy). determination, the Court shall consider: (9th Cir. 1988) (citing United States v. Moreover, the Court’s role under the (1) The competitive impact of such Bechtel Corp., 648 R.2d 660, 666 (9th APPA is limited to reviewing the judgment, including termination of alleged Cir. 1981)); see also Microsoft, 56 F.3d remedy in relationship to the violations violations, provisions for enforcement and at 1460–62. Courts have held that that the United States has alleged in its modification, duration or relief sought, [t]he balancing of competing social and Complaint, and does not authorize the anticipated effects of alternative remedies political interests affected by a proposed Court to ‘‘construct [its] own actually considered, whether its terms are antitrust consent decree must be left, in the ambiguous, and any other competitive hypothetical case and then evaluate the first instance, to the discretion of the decree against that case.’’ Microsoft, 56 considerations bearing upon the adequacy of Attorney General. The court’s role in such judgment that the court deems protecting the public interest is one of F.3d at 1459. Because the ‘‘court’s necessary to a determination of whether the insuring that the government has not authority to review the decree depends consent judgment is in the public interest; breached its duty to the public in consenting entirely on the government’s exercising and to the decree. The court is required to its prosecutorial discretion by bringing (2) The impact of entry of such judgment determine not whether a particular decree is a case in the first place,’’ it follows that upon competition in the relevant market or the one that will best serve society, but ‘‘the court is only authorized to review markets, upon the public generally and whether the settlement is ‘‘within the reaches individuals alleging specific injury from the of the public interest.’’ More elaborate the decree itself,’’ and not to ‘‘effectively violations set forth in the complaint requirements might undermine the redraft the complaint’’ to inquire into including consideration of the public benefit, effectiveness of antitrust enforcement by other matters that the United States if any, to be derived from a determination of consent decree. might have but did not pursue. Id. at the issues at trial. Bechtel, 648 F.2d at 666 (emphasis 1459–60. 15 U.S.C. 16(e)(1). As the United States 2 added) (citations omitted). VIII. Determinative Documents Court of Appeals for the District of The proposed Final Judgment, Columbia Circuit has held, the APPA therefore, should not be reviewed under There are no determinative materials permits a court to consider, among other a standard of whether it is certain to or documents within the meaning of the things, the relationship between the eliminate every anticompetitive effect of APPA that were considered by the remedy secured and the specific a particular practice or whether it United States in formulating the allegations set forth in the government’s mandates certainty of free competition proposed Final Judgment. complaint, whether the decree is in the future. Court approval of a final sufficiently clear, whether enforcement judgment requires a standard more Dated: August 8, 2005. mechanisms are sufficient, and whether Respectfully submitted, lllllllllllllllllllll the decree may positively harm third answer ‘‘whether the settlement achieved [was] parties. See United States v. Microsoft within the reaches of the public interest’’). A Leslie Peritz, Corp., 56 F.3d 1448, 1458–62 (D.C. Cir. ‘‘public interest’’ determination can be made PA Bar No. 87539. properly on the basis of the Competitive Impact 1995). Statement and Response to Comments filed by the lllllllllllllllllllll ‘‘Nothing in this section shall be Department of Justice pursuant to the APPA. Lowell Stern, construed to require the court to Although the APPA authorizes the use of additional VA Bar No. 33460, conduct an evidentiary hearing or to procedures, 15 U.S.C. 16(f), those procedures are U.S. Department of Justice, Antitrust require the court to permit anyone to discretionary. A court need not invoke any of them unless it believes that the comments have raised Division, Litigation II Section, 1401 H intervene.’’ 15 U.S.C. 16(e)(2). Thus, in significant issues and that further proceedings Street, NW., Suite 3000, Washington, DC conducting this inquiry, ‘‘[t]he court is would aid the court in resolving those issues. See 20530. [email protected]. (202) 307– H.R. Rep. No. 93–1463, 93rd Cong., 2d Sess. 8–9 nowhere compelled to go to trial or to 0925. engage in extended proceedings which (1974), reprinted in 1974 U.S.C.C.A.N. 6535, 6538. 2 Cf. BNS, 858 F.2d at 463 (holding that the [FR Doc. 05–16232 Filed 8–17–05; 8:45 am] might have the effect of vitiating the court’s ‘‘ultimate authority under the [APPA] is benefits of prompt and less costly limited to approving or disapproving the consent BILLING CODE 4410–11–M settlement through the consent decree decree’’); Gillette, 406 F. Supp. at 716 (noting that, process.’’ 119 Cong. Rec. 24,598 (1973) in this way, the court is constrained to ‘‘look at the 1 overall picture not hypercritically, nor with a (statement of Senator Tunney). Rather: microscope, but with an artist’s reducing glass’’). See generally Microsoft, 56 F.3d at 1461 (discussing 1 See United States v. Gillette Co., 406 F. Supp. whether ‘‘the remedies [obtained in the decree are] 713, 716 (D. Mass. 1975) (recognizing it was not the so inconsonant with the allegations charged as to court’s duty to settle; rather, the court must only fall outside of the ‘reaches of the public interest’’’.

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR

Employment and Training Employment and Training Employment and Training Administration Administration Administration [TA–W–57,378] [TA–W–57,609] [TA–W–57,394] Emerson Network Power, Energy Brunswick, Muskegon, MI; Notice of Edscha Roof Systems, LLC, Formerly Systems, Formerly Known as Marconi Termination of Investigation Known as Premier Roof Systems, LLC, Communication, Toccoa, GA; Greer, SC; Amended Certification Dismissal of Application for Pursuant to Section 221 of the Trade Regarding Eligibility To Apply for Reconsideration Act of 1974, as amended, an Worker Adjustment Assistance and Pursuant to 29 CFR 90.18(C) an investigation was initiated on July 22, Alternative Trade Adjustment Assistance application for administrative 2005 in response to a petition filed by reconsideration was filed with the a state agent representative on behalf of In accordance with section 223 of the Director of the Division of Trade workers at Brunswick, Muskegon, Trade Act of 1974 (19 U.S.C. 2273), and Adjustment Assistance for workers at Michigan. section 246 of the Trade Act of 1974, (26 Emerson Network Power, Energy The petitioner has requested that the U.S.C. 2813), as amended, the Systems, formerly known as Marconi petition be withdrawn. Consequently, Department of Labor issued a Communication, Toccoa, Georgia. The the investigation has been terminated. Certification of Eligibility To Apply for application contained no new Worker Adjustment Assistance on July substantial information which would Signed at Washington, DC, this 26th day of 22, 2005, applicable to workers of bear importantly on the Department’s July, 2005. Edscha Roof Systems, LLC, Greer, South determination. Therefore, dismissal of Richard Church, Carolina. The notice will be published the application was issued. Certifying Officer, Division of Trade soon in the Federal Register. TA–W–57,378; Emerson Network Power, Adjustment Assistance. At the request of the State agency, the Energy Systems, formerly known as [FR Doc. E5–4501 Filed 8–17–05; 8:45 am] Department reviewed the certification Marconi Communication, Toccoa, BILLING CODE 4510–30–P for workers of the subject firm. The Georgia (August 8, 2005) workers are engaged in the production Signed in Washington, DC this 10th day of of convertible tops. The subject firm August 2005. DEPARTMENT OF LABOR originally named Premier Roof Systems, Timothy Sullivan, LLC as the name of the company, Director, Division of Trade Adjustment Employment and Training however, new information shows that Assistance. Administration the company was renamed Edscha Roof [FR Doc. E5–4495 Filed 8–17–05; 8:45 am] Systems, LLC on January 28, 2005. The BILLING CODE 4510–30–P [TA–W–57,578] State agency reports that some workers wages at the subject firm are being Datacolor, Lawrenceville, NJ; Notice of reported under the Unemployment DEPARTMENT OF LABOR Termination of Investigation Insurance (UI) tax account for Premier Roof Systems, LLC, Greer, South Employment and Training Pursuant to section 221 of the Trade Carolina. Administration Act of 1974, as amended, an Accordingly, the Department is [TA–W–57,065] investigation was initiated on July 19, amending the certification to properly 2005, in response to a petition filed by reflect this matter. Galileo International, Division of a State agent representative on behalf of The intent of the Department’s Cendant Corporation, Centennial, CO; workers at Datacolor, Lawrenceville, certification is to include all workers of Notice of Affirmative Determination New Jersey. Edscha Roof Systems, LLC who were Regarding Application for The petitioner has requested that the adversely affected by a shift in Reconsideration petition be withdrawn. Consequently, production to Mexico. By letter postmarked July 11, 2005, a the investigation has been terminated. The amended notice applicable to petitioner requested administrative TA–W–57,394 is hereby issued as Signed in Washington, DC this 26th day of reconsideration of the Department of follows: July, 2005. Labor’s Notice of Negative Richard Church, All workers of Edscha Roof Systems, LLC, Determination Regarding Eligibility to formerly known as Premier Roof Systems, Apply for Worker Adjustment Certifying Officer, Division of Trade LLC, Greer, South Carolina, who became Assistance, applicable to workers of the Adjustment Assistance. totally or partially separated from subject firm. The denial notice was [FR Doc. E5–4499 Filed 8–17–05; 8:45 am] employment on or after June 9, 2004, through signed on May 16, 2005, and published BILLING CODE 4510–30–P July 22, 2007, are eligible to apply for in the Federal Register on June 13, 2005 adjustment assistance under Section 223 of the Trade Act of 1974. (70 FR 34154). The investigation revealed that the Signed in Washington, DC this 10th day of petitioning workers of this firm or August, 2005. subdivision do not produce an article Elliott S. Kushner, within the meaning of section 222 of the Certifying Officer, Division of Trade Act. Adjustment Assistance. The Department reviewed the request [FR Doc. E5–4496 Filed 8–17–05; 8:45 am] for reconsideration and has determined BILLING CODE 4510–30–P that the petitioner has provided

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additional information. Therefore, the DEPARTMENT OF LABOR DEPARTMENT OF LABOR Department will conduct further investigation to determine if the workers Employment and Training Employment and Training meet the eligibility requirements of the Administration Administration Trade Act of 1974. [TA–W–57,604] [TA–W–57,513] Conclusion After careful review of the Gilbert Martin Woodworking Company, Tower Automotive Milwaukee, LLC, application, I conclude that the claim is Inc., d/b/a Martin Furniture, San Diego, Milwaukee Business Unit, Milwaukee, of sufficient weight to justify CA; Notice of Termination of WI; Amended Certification Regarding reconsideration of the Department of Investigation Eligibility To Apply for Worker Labor’s prior decision. The application Adjustment Assistance and Alternative Pursuant to Section 221 of the Trade is, therefore, granted. Trade Adjustment Assistance Act of 1974, as amended, an Signed in Washington, DC, this 9th day of investigation was initiated on July 22, In accordance with section 223 of the August, 2005. 2005 in response to a petition filed on Trade Act of 1974 (19 U.S.C. 2273) the Elliott S. Kushner, behalf of workers of Gilbert Martin Department of Labor issued a Certifying Officer, Division of Trade Woodworking Company, Inc., d/b/a Certification of Eligibility To Apply for Adjustment Assistance. Martin Furniture, San Diego, California. Worker Adjustment Assistance and [FR Doc. E5–4494 Filed 8–17–05; 8:45 am] The petitioning group of workers is Alternative Trade Adjustment BILLING CODE 4510–30–P covered by an active certification issued Assistance on August 3, 2005, on July 5, 2005 which remains in effect applicable to workers of Tower (TA–W–57,387). Consequently, further Automotive Milwaukee, LLC, DEPARTMENT OF LABOR investigation in this case would serve Milwaukee Business Unit, Milwaukee, no purpose, and the investigation has Wisconsin. The notice will be published Employment and Training soon in the Federal Register. Administration been terminated. At the request of the State agency, the Signed at Washington, DC this 27th day of Department reviewed the certification July, 2005. [TA–W–57,447] for workers of the subject firm. The Richard Church, workers are engaged in the production LC Special Markets Company, Inc., a Certifying Officer, Division of Trade of automotive frames and stampings. Subsidiary of Liz Claiborne, Inc., North Adjustment Assistance. New findings show that there was a Bergen, NJ; Notice of Termination of [FR Doc. E5–4500 Filed 8–17–05; 8:45 am] Investigation previous certification, TA–W–50,339, BILLING CODE 4510–30–P issued on January 23, 2003, for workers Pursuant to section 221 of the Trade of Tower Automotive, Inc., Milwaukee, Act of 1974, as amended, an DEPARTMENT OF LABOR Wisconsin who were engaged in investigation was initiated on June 24, employment related to the production of 2005, in response to a petition filed by Employment and Training structural component parts and a State workforce representative on Administration assemblies for light truck bodies. That behalf of workers at LC Special Markets certification expired January 23, 2005. Company, Inc., a subsidiary of Liz [TA–W–57,607] To avoid an overlap in worker group Claiborne, Inc., North Bergen, New coverage, the certification is being Jersey. NCO Financial Systems, Inc., Hampton, amended to change the impact date from June 30, 2004, to January 24, 2005, The petitioning group of workers is VA; Notice of Termination of for workers of the subject firm. covered by an active certification, (TA– Investigation W–55,748) which expires on March 25, The amended notice applicable to Pursuant to Section 221 of the Trade 2007. Consequently, further TA–W–57,513 is hereby issued as Act of 1974, an investigation was investigation in this case would serve follows: initiated on July 5, 2005, in response to no purpose, and the investigation has All workers of Tower Automotive a petition filed by a company official on been terminated. Milwaukee, LLC, Milwaukee Business Unit, behalf of workers at NCO Financial Milwaukee, Wisconsin who became totally or Signed in Washington, DC this 27th day of Systems, Inc., Hampton, Virginia. partially separated from employment on or July, 2005. The petitioner has requested that the after January 24, 2005, through August 3, Elliott S. Kushner, petition be withdrawn. Consequently, 2007, are eligible to apply for adjustment Certifying Officer, Division of Trade the investigation has been terminated. assistance under Section 223 of the Trade Act Adjustment Assistance. of 1974 and are also eligible to apply for Signed in Washington, DC, this 27th day of [FR Doc. E5–4497 Filed 8–17–05; 8:45 am] alternative trade adjustment assistance under July 2005. BILLING CODE 4510–30–P Section 246 of the Trade Act of 1974. Elliott S. Kushner, Signed in Washington, DC this 9th day of Certifying Officer, Division of Trade August, 2005. Adjustment Assistance. Richard Church, [FR Doc. E5–4503 Filed 8–17–05; 8:45 am] Certifying Officer, Division of Trade BILLING CODE 4510–30–P Adjustment Assistance. [FR Doc. E5–4498 Filed 8–17–05; 8:45 am] BILLING CODE 4510–30–P

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DEPARTMENT OF LABOR The purpose of each of the subject matter of the investigations to investigations is to determine whether the Director, Division of Trade Employment and Training the workers are eligible to apply for Adjustment Assistance, at the address Administration adjustment assistance under Title II, shown below, not later than August 29, Chapter 2, of the Act. The investigations 2005. Investigations Regarding Certifications will further relate, as appropriate, to the The petitions filed in this case are of Eligibility To Apply for Worker determination of the date on which total Adjustment Assistance or partial separations began or available for inspection at the Office of threatened to begin and the subdivision the Director, Division of Trade Petitions have been filed with the of the firm involved. Adjustment Assistance, Employment Secretary of Labor under Section 221(a) The petitioners or any other persons and Training Administration, U.S. of the Trade Act of 1974 (‘‘the Act’’) and showing a substantial interest in the Department of Labor, Room C–5311, 200 are identified in the Appendix to this subject matter of the investigations may Constitution Avenue, NW., Washington, notice. Upon receipt of these petitions, request a public hearing, provided such DC 20210. the Director of the Division of Trade request is filed in writing with the Signed at Washington, DC this 11th day of Adjustment Assistance, Employment Director, Division of Trade Adjustment August 2005. Assistance, at the address shown below, and Training Administration, has Timothy Sullivan, instituted investigations pursuant to not later than August 29, 2005. Interested persons are invited to Director, Division of Trade Adjustment Section 221(a) of the Act. submit written comments regarding the Assistance.

APPENDIX [Petitions instituted between 07/25/2005 and 07/29/2005]

Subject firm Date of Date of TA–W (petitioners) Location institution petition

57,612 ...... Warvel Products, Inc. (Comp) ...... Linwood, NC ...... 07/25/2005 07/19/2005 57,613 ...... Advantek, Inc. (State) ...... Minnetonka, MN ...... 07/25/2005 07/22/2005 57,614 ...... EMP (AFLCIO) ...... Escanaba, MI ...... 07/25/2005 07/13/2005 57,615 ...... Alfred Paquette (Wkrs) ...... Los Angeles, CA ...... 07/25/2005 07/13/2005 57,616 ...... Bubblegum USA–DBA Komex (State) ...... Los Angeles, CA ...... 07/26/2005 07/13/2005 57,617 ...... Gemtron Corporation (Comp) ...... Holland, MI ...... 07/26/2005 07/20/2005 57,618 ...... Albemarle Knitting Corporation (Comp) ...... Albemarle, NC ...... 07/26/2005 07/20/2005 57,619 ...... National Spinning Co., LLC (Comp) ...... Whiteville, NC ...... 07/26/2005 07/15/2005 57,620 ...... International Manufacturing (Wkrs) ...... El Paso, TX ...... 07/26/2005 07/20/2005 57,621 ...... Abbott Laboratories (State) ...... North Chicago, IL ...... 07/26/2005 07/26/2005 57,622 ...... K and K (Comp) ...... Booneville, MS ...... 07/27/2005 07/23/2005 57,623 ...... Lambert of Arkansas (State) ...... Hughes, AR ...... 07/27/2005 07/25/2005 57,624 ...... Northwest Manufacturing Corp. (Wkrs) ...... Corry, PA ...... 07/27/2005 07/26/2005 57,625 ...... GST AutoLeather (Comp) ...... Williamsport, MD ...... 07/27/2005 07/26/2005 57,626 ...... Willowbrook Hoisery (Wkrs) ...... Burlington, NC ...... 07/27/2005 07/26/2005 57,627 ...... Clearwater Loader, Inc. (Wkrs) ...... Kinston, NC ...... 07/27/2005 07/19/2005 57,628 ...... Black Hawk Products Group (Comp) ...... Hayesville, NC ...... 07/27/2005 07/22/2005 57,629 ...... Vivitone, Inc. (State) ...... Paterson, NJ ...... 07/27/2005 07/27/2005 57,630 ...... Regal Ware, Inc. (PACE) ...... Kewaskum, WI ...... 07/27/2005 07/27/2005 57,631 ...... Brodnax Mills, Inc. (Comp) ...... Brodnax, VA ...... 07/27/2005 06/29/2005 57,632 ...... Guilford Mills, Inc. (Wkrs) ...... Pine Grove, PA ...... 07/27/2005 07/18/2005 57,633 ...... Corona Clipper, Inc. (Comp) ...... Corona, CA ...... 07/28/2005 07/19/2005 57,634 ...... General Henry Biscuit (State) ...... DuQuoin, IL ...... 07/28/2005 07/25/2005 57,635 ...... St. John Knits (State) ...... Alhambra, CA ...... 07/28/2005 07/01/2005 57,636 ...... Delafoil Ohio, Inc. (Comp) ...... Perrysburg, OH ...... 07/28/2005 07/25/2005 57,637 ...... Merck and Company (Wkrs) ...... Danville, PA ...... 07/28/2005 07/28/2005 57,638 ...... Selma Oak Flooring (State) ...... Tillar, AR ...... 07/28/2005 07/28/2005 57,639 ...... Bernhardt Furniture Company (Comp) ...... Shelby, NC ...... 07/28/2005 07/28/2005 57,640 ...... Molex, Inc. (State) ...... Lisle, IL ...... 07/28/2005 07/28/2005 57,641 ...... Ryobi Technologies (State) ...... Anderson, SC ...... 07/28/2005 07/28/2005 57,642 ...... Andrews Center (Wkrs) ...... Tyler, TX ...... 07/29/2005 07/29/2005 57,643 ...... Madeleine Manufacturing, Inc. (Comp) ...... Union, SC ...... 07/29/2005 07/28/2005 57,644 ...... Eastman Kodak Company (Comp) ...... Rochester, NY ...... 07/29/2005 07/27/2005 57,645 ...... Meridian Beartrack Company (Comp) ...... Salmon, ID ...... 07/29/2005 07/25/2005 57,646 ...... Mason Shoe Companies (NPU) ...... Chippewa Falls, WI ...... 07/29/2005 07/28/2005 57,647 ...... PPG Fiber Glass Products (Comp) ...... Shelby, NC ...... 07/29/2005 07/28/2005 57,648 ...... U.S. Textiles (Comp) ...... Newland, NC ...... 07/29/2005 07/22/2005 57,649 ...... Hoover Company (The) (IBEW) ...... North Canton, OH ...... 07/29/2005 07/29/2005 57,650 ...... Meromex USA, Inc. (Comp) ...... El Paso, TX ...... 07/29/2005 07/21/2005

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[FR Doc. E5–4502 Filed 8–17–05; 8:45 am] NUCLEAR REGULATORY SECURITIES AND EXCHANGE BILLING CODE 4510–30–P COMMISSION COMMISSION [Release No. 34–52244; File No. SR–Amex– [Docket No. 50–263; ASLBP No. 05–841– 2005–026] DEPARTMENT OF LABOR 02–LR] Self-Regulatory Organizations; Bureau of Labor Statistics In the Matter of Nuclear Management American Stock Exchange LLC; Order Company, LLC; Establishment of Granting Approval to Proposed Rule Business Research Advisory Council; Atomic Safety and Licensing Board Change Relating to Quotes in Nasdaq Notice of Renewal UTP Stocks To Be Disseminated by Pursuant to delegation by the Amex Specialists before 9:30 a.m. The Secretary of Labor has Commission dated December 29, 1972, determined that re-establishment of the August 11, 2005. published in the Federal Register, 37 FR charter of the Business Research On February 24, 2005, the American 28,710 (1972), and the Commission’s Advisory Council (BRAC) is necessary Stock Exchange LLC (‘‘Amex’’ or regulations, see 10 CFR 2.104, 2.300, and in the public interest in connection ‘‘Exchange’’) filed with the Securities 2.303, 2.309, 2.311, 2.318, and 2.321, with the performance of duties imposed and Exchange Commission notice is hereby given that an Atomic upon the Commissioner of Labor (‘‘Commission’’), pursuant to Section Safety and Licensing Board is being Statistics by 29 U.S.C. 1, 2, 3, 4, 5, 6, 19(b)(1) of the Securities Exchange Act established to preside over the following 1 7, 8, and 9. This determination follows of 1934 (‘‘Act’’) and Rule 19b–4 proceeding: 2 consultation with the Committee thereunder, a proposed rule change to Management Secretariat, General Nuclear Management Company, LLC codify its existing practice of allowing Services Administration. (Monticello Nuclear Generating Plant) indicative quotes in Nasdaq UTP stocks to be disseminated by specialists Name of Committee: Business This proceeding concerns a July 9, between 9:25 and 9:30 a.m. for testing Research Advisory Council. 2005 request for hearing submitted by purposes. On April 14, 2005, the Amex Purpose and Objective: The Council petitioner North American Water Office, amended the proposed rule change.3 On presents advice and makes in response to a May 5, 2005 notice of May 26, 2005, the Amex amended the recommendations to the Department of opportunity for hearing, 70 FR 25,117 proposed rule change.4 The proposed Labor’s Bureau of Labor Statistics from (May 12, 2005), regarding the March 16, rule change, as amended, was published the perspective of the business 2005 application of Nuclear for comment in the Federal Register on 5 community. The Council reviews Management Company, LLC, (NMC) for June 20, 2005. The Commission Bureau programs, presents priorities for renewal of the operating license for its received no comments on the proposed rule change, as amended. This order business users, suggests the addition of Monticello Nuclear Generating Plant. In approves the proposed rule change, as new programs, suggests changes in the its application, NMC requests that the amended. emphasis of existing programs, and operating license for its Monticello The Commission finds that the suggests dropping old programs. It also facility be extended for an additional proposed rule change, as amended, is suggests alternative approaches for data twenty years beyond the period consistent with the requirements of the collection and reporting. specified in the current license, which Act and the rules and regulations Balanced Membership Plan: The expires on September 8, 2010. thereunder applicable to a national BRAC membership is comprised of The Board is comprised of the securities exchange6 and, in particular, representatives from a broad perspective following administrative judges: the requirements of Section 6 of the of the U.S. economy, with large and Lawrence G. McDade, Chair, U.S. Act7 and the rules and regulations small companies represented as well as Nuclear Regulatory Commission, thereunder. Specifically, the goods- and non-goods-producing Washington, DC 20555–0001. Dr. Commission believes the proposal to be industries. In order to maintain the Anthony J. Baratta, U.S. Nuclear consistent with Section 6(b)(5) of the 8 independence and credibility of the Regulatory Commission, Washington, Act, in that is designed to prevent advice, members of BRAC are DC 20555–0001. Dr. Richard E. fraudulent and manipulative acts and designated by the Commissioner of Wardwell, U.S. Nuclear Regulatory practices, to promote just and equitable principles of trade, and, in general, to Labor Statistics, under authorization Commission, Washington, DC 20555– protect investors and the public interest. from the Secretary of Labor, from 0001. The Commission believes that by nominations by the BRAC Membership All correspondence, documents, and Committee. other materials shall be filed with the 1 15 U.S.C. 78s(b)(1). Duration: Continuing. administrative judges in accordance 2 17 CFR 240.19b–4. with 10 CFR 2.302. 3 In Amendment No. 1, the Exchange made Agency Contact: Tracy Jack, 202–691– minor, non-substantive changes to the text of the 5869. Issued at Rockville, Maryland, this 12th proposed rule change and filing. 4 Signed in Washington, DC this 12th day of day of August 2005. In Amendment No. 2, the Exchange made minor, non-substantive changes to the text of the August, 2005. G. Paul Bollwerk, III, proposed rule change and filing. Elaine L. Chao, Chief Administrative Judge, Atomic Safety 5 See Securities Exchange Act Release No. 51834 Secretary of Labor. and Licensing Board Panel. (June 13, 2005), 70 FR 35466 (June 20, 2005) (SR– [FR Doc. E5–4506 Filed 8–17–05; 8:45 am] Amex–2005–026). [FR Doc. 05–16352 Filed 8–17–05; 8:45 am] 6 In approving this proposed rule change, as BILLING CODE 4510–24–P BILLING CODE 7590–01–P amended, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 7 15 U.S.C. 78f. 8 15 U.S.C. 78f(b)(5).

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amending the Amex rules to allow publishing this notice to solicit ten years as of March 1, 2000 and specialists in Nasdaq securities to send comments on the proposed rule change, provided that such supervisory person quotations to the SIP between 9:25 and as amended, from interested persons. has not been subject to any disciplinary 9:30 a.m. for test purposes only9 more action under subsection (a)(3)(i)–(ii) of I. Self-Regulatory Organization’s accurately reflects an existing practice. this Rule.] Statement of the Terms of Substance of It is therefore ordered, pursuant to [Persons who have been currently the Proposed Rule Change Section 19(b)(2) of the Act,10 that the registered for ten years or less as of proposed rule change (SR–Amex–2005– The CHX proposes to eliminate the March 1, 2000 shall participate in the 026), as amended, is approved. current exemptions from the Exchange’s Regulatory Element of the continuing For the Commission, by the Division of continuing education requirements that education program within one hundred Market Regulation, pursuant to delegated apply to persons who have been twenty days after the occurrence of their authority.11 continuously registered for more than next registration anniversary date and Margaret H. McFarland, 10 years. Below is the text of the every three years thereafter.] Deputy Secretary. proposed rule change. Proposed new ([2]1) Failure to complete—Unless [FR Doc. E5–4508 Filed 8–17–05; 8:45 am] language is in italics. Deletions are in otherwise determined by the Exchange, BILLING CODE 8010–01–P [brackets]. any registered persons who have not ARTICLE VI completed the Regulatory Element of the program within the prescribed time SECURITIES AND EXCHANGE Restrictions and Requirements frames will have their registration COMMISSION * * * * * deemed inactive until such time as the requirements of the program have been [Release No. 34–52242; File No. SR–CHX– Continuing Education for Registered 2005–16] satisfied. Any person whose registration Persons has been deemed inactive under this Self-Regulatory Organizations; RULE 9. (a) Regulatory Element—No Rule shall cease all activities as a Chicago Stock Exchange, Inc.; Notice member or member organization shall registered person and is prohibited from of Filing and Immediate Effectiveness permit any registered person to continue performing any duties and functioning of a Proposed Rule Change and to, and no registered person shall in any capacity requiring registration. Amendment Nos. 1 and 2 Thereto To continue to, perform duties as a The Exchange may, upon application Amend Exchange Article VI, Rule 9 registered person, unless such person and a showing of good cause, allow for Relating to Continuing Education for has complied with the continuing additional time for a registered person Registered Persons education requirements of Section (a) of to satisfy the program requirements. this Rule. ([3]2) [Re-entry into program] August 11, 2005. Each registered person shall complete Disciplinary Actions—Unless otherwise Pursuant to Section 19(b)(1) of the the Regulatory Element of the determined by the Exchange, a Securities Exchange Act of 1934 (the 1 2 continuing education program on the registered person will be required to [re- ‘‘Act’’) and Rule 19b–4 thereunder, occurrence of their second registration enter] re-take the Regulatory Element notice is hereby given that on June 20, anniversary date and every three years and satisfy all of its requirements if such 2005, the Chicago Stock Exchange, Inc. thereafter, or as otherwise prescribed by person: (‘‘CHX’’ or ‘‘Exchange’’) filed with the the Exchange. On each of the occasions, (i) Becomes subject to any statutory Securities and Exchange Commission the Regulatory Element must be disqualification as defined in Section (‘‘Commission’’) the proposed rule completed within one hundred twenty 3(a)(39) of the Securities Exchange Act change as described in Items I, II and III days after the person’s registration of 1934; below, which Items have been prepared anniversary date. A person’s initial (ii) becomes subject to suspension or by the Exchange. On July 18, 2005, the registration date, also known as the to the imposition of a fine of $5,000 or Exchange filed Amendment No. 1 to the ‘‘base date,’’ shall establish the cycle of more for violation of any provision of proposed rule change.3 On August 5, anniversary dates for purposes of this any securities law or regulation, or any 2005, the Exchange filed Amendment rule. The content of the Regulatory agreement with or rule or standard of No. 2 to the proposed rule change.4 The Element of the program shall be conduct of any securities governmental CHX has filed the proposal as a ‘‘non- determined by the Exchange for each agency, securities self-regulatory controversial’’ rule change pursuant to organization, or as imposed by any such Section 19(b)(3)(A) of the Act 5 and Rule registration category of persons subject 19b–4(f)(6) thereunder,6 which renders to the rule. regulatory or self-regulatory the proposal effective upon filing with [(1) Registered persons who have been organization in connection with a the Commission. The Commission is continuously registered for more than disciplinary proceeding; or ten years as of March 1, 2000 shall be (iii) is ordered as a sanction in a 9 Any such pre-opening quotations are not exempt from participation in the disciplinary proceeding to [re-enter] re- available to create a binding contract. Regulatory Element of the continuing take the continuing education program 10 15 U.S.C. 78s(b)(2). education program, provided such by any securities governmental agency 11 17 CFR 200.30–3(a)(12). persons have not been subject to any or any securities self-regulatory 1 15 U.S.C. 78s(b)(1). disciplinary action within the last ten organization. 2 17 CFR 240.19b–4. years as enumerated in subsection The re-taking of the Regulatory 3 In Amendment No. 1, the Exchange amended Element [Re-entry] shall commence the proposed rule change to incorporate the new (a)(3)(i)–(ii) of this Rule. However, ‘‘base date’’ term used by other self-regulatory persons delegated supervisory with [initial] participation within 120 organizations and to make other minor changes to responsibility or authority and are days of the registered person becoming the rule text. registered in such capacity are exempt subject to the statutory disqualification, 4 In Amendment No. 2, the Exchange withdrew in the case of (i) above, or the its request for accelerated effectiveness and made from participation in the Regulatory minor edits to the rule text. Element under this provision only if disciplinary action becoming final, in 5 15 U.S.C. 78s(b)(3)(A). they have been continuously registered the case of (ii) or (iii) above. 6 17 CFR 240.19b–4(f)(6). in a supervisory capacity for more than * * * * *

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* * * Interpretations and Policies specific types of disciplinary actions open market and a national market 9 * * * * * within the last ten years. system, and, in general, to protect .03 A registered person, [who has At its December 2003 meeting, the investors and the public interest by been continuously registered for more Securities Industry/Regulatory Council requiring all registered Exchange than ten years as of March 1, 2000 ]who on Continuing Education (the participants to participate in the becomes subject to a disciplinary action ‘‘Council’’) agreed to recommend that regulatory element of continuing as enumerated in subsections (a)(3)(i)– self-regulatory organizations (‘‘SROs’’) education programs. (ii) of the Rule, will be required to eliminate, from their continuing education rules, the two exceptions B. Self-Regulatory Organization’s satisfy the requirements of the Statement on Burden on Competition Regulatory Element of the continuing described above. The Council made that education program with [as if ]the date recommendation to ensure that all The Exchange does not believe that the disciplinary action becomes final as registered market participants receive the proposed rule change, as amended, [is] the person’s [initial registration the full benefits of continuing education will impose any burden on competition anniversary] new base date. programs, including a new module that not necessary or appropriate in focuses on ethical issues. furtherance of the purposes of the Act. * * * * * After considering the issue, the .06 A registered person who is a Exchange believes that it is appropriate C. Self-Regulatory Organization’s member of the Exchange and of another to eliminate the two exceptions, so that Statement on Comments on the self-regulatory organization (‘‘SRO’’) all of its registered participants— Proposed Rule Change Received From shall be subject to the other SRO’s regardless of the length of time of their Members, Participants, or Others implementation date for the elimination registrations—will participate in the No written comments were solicited of exceptions to the Regulatory Element regulatory element of the required or received with respect to the proposed section of the continuing education continuing education programs. The rule change. program, if that date is earlier than Exchange proposes that this rule change October 1, 2005. take effect on October 1, 2005.10 III. Date of Effectiveness of the Proposed Rule Change and Timing for II. Self-Regulatory Organization’s 2. Statutory Basis Commission Action Statement of the Purpose of, and Statutory Basis for, the Proposed Rule The CHX believes the proposed rule Because the foregoing proposed rule Change change, as amended, is consistent with change: (1) Does not significantly affect the requirements of the Act and the the protection of investors or the public In its filing with the Commission, the rules and regulations thereunder that interest; (2) does not impose any Exchange included statements are applicable to a national securities significant burden on competition; and concerning the purpose of, and basis for, exchange, and, in particular, with the (3) does not become operative for 30 the proposed rule change, as amended, 11 requirements of Section 6(b). In days after the date of filing, or such and discussed any comments it received particular, the CHX believes the shorter time as the Commission may on the proposed rule change. The text proposal is consistent with Section designate if consistent with the of these statements may be examined at 12 6(b)(5) of the Act in that it is designed protection of investors and the public the places specified in Item IV below. to facilitate transactions in securities, interest, the proposed rule change, as The CHX has prepared summaries, set promote just and equitable principles of amended, has become effective pursuant forth in Sections A, B, and C below, of trade, to remove impediments, and to to Section 19(b)(3)(A) of the Act 13 and the most significant parts of such perfect the mechanism of, a free and Rule 19b–4(f)(6) thereunder.14 statements. At any time within 60 days of the A. Self-Regulatory Organization’s 9 See CHX Article VI, Rule 9(a)(1). A registered filing of such proposed rule change, the person does not qualify for the exception if he or Statement of the Purpose of, and she (i) becomes subject to any statutory Commission may summarily abrogate Statutory Basis for, the Proposed Rule disqualification as defined in Section 3(a)(39) of the such rule change if it appears to the Change Securities Exchange Act of 1934; (ii) becomes Commission that such action is subject to suspension or to the imposition of a fine necessary or appropriate in the public 1. Purpose of $5,000 or more for violation of any provision of any securities law or regulation, or any agreement interest, for the protection of investors, The Exchange’s continuing education with or rule or standard of conduct of any securities or otherwise in furtherance of the rules generally require registered governmental agency, securities self-regulatory purposes of the Act.15 persons to complete the regulatory organization, or as imposed by any such regulatory element of the continuing education or self-regulatory organization in connection with a IV. Solicitation of Comments disciplinary proceeding; or (ii) is ordered as a program on their second registration sanction in a disciplinary proceeding to re-enter (or Interested persons are invited to anniversary dates and every three years as proposed, to re-take) the continuing education submit written data, views, and thereafter, or as otherwise prescribed by program by any securities governmental agency or arguments concerning the foregoing, the Exchange.7 The rules currently any securities self-regulatory organization. See CHX including whether the proposed rule Article VI, Rule 9(a)(3), which is being redesignated provide an exception for two groups of as CHX Article VI, Rule 9(a)(2) in this proposed rule change, as amended, is consistent with persons: (1) Registered persons who change. have been continuously registered for 10 To eliminate any confusion, the Exchange has 13 15 U.S.C. 78s(b)(3)(A). more than ten years as of March 1, 2000 confirmed in the proposed rule that an Exchange 14 17 CFR 240.19b–4(f)(6). Rule 19b–4(f)(6) also and (2) persons who have been participant who is also a member of another SRO requires that the Exchange give the Commission must comply with the rules of the other SRO which written notice of its intent to file the proposed rule continuously registered in a supervisory eliminated these exceptions as of an earlier date. change along with a brief description and text of the capacity for more than ten years as of See Securities Exchange Act Release Nos. 50404 propose rule change, at least five business days March 1, 2000.8 These exceptions are (September 16, 2004), 69 FR 57126 (September 23, prior to the date of filing of the proposed rule available so long as the registered 2004); 50456 (September 27, 2004), 69 FR 59285 change. The Commission notes that the Exchange (October 4, 2004); 50630 (November 3, 2004), 69 FR persons have not been subject to satisfied the pre-filing five-day notice requirement. 65232 (November 10, 2004); 50651 (November 10, 15 For purposes of calculating the 60-day 2004) 69 FR 67374 (November 17, 2004). abrogation period, the Commission considers the 7 See CHX Article VI, Rule 9(a). 11 15 U.S.C. 78f(b). proposal to have been filed on August 5, 2005, the 8 See CHX Article VI, Rule 9(a)(1). 12 15 U.S.C. 78f(b)(5). date the Exchange filed Amendment No. 2.

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the Act. Comments may be submitted by SECURITIES AND EXCHANGE the purpose of and basis for the any of the following methods: COMMISSION proposed rule changes and discussed any comments it received regarding the Electronic Comments [Release No. 34–52248; File No. SR-CHX– 2004–25] proposal. The text of these statements • Use the Commission’s Internet may be examined at the places specified comment form (http://www.sec.gov/ Self-Regulatory Organizations; in Item IV below. The CHX has prepared rules/sro.shtml); or Chicago Stock Exchange, Inc.; Notice summaries, set forth in Sections A, B of Filing of Amendment No. 3 to a and C below, of the most significant • Send an e-mail to rule- Proposed Rule Change Relating to a aspects of such statements. [email protected]. Please include File Prohibition on Using a Layoff Service Number SR–CHX–2005–16 on the Unless the Service Provides Required A. Self-Regulatory Organization’s subject line. Information to the Exchange Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Paper Comments August 12, 2005. Changes • Send paper comments in triplicate Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the 1. Purpose to Jonathan G. Katz, Secretary, ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Securities and Exchange Commission, notice is hereby given that on August As noted in the original filing, the Station Place, 100 F Street NE., 12, 2005, the Chicago Stock Exchange, Exchange is proposing to amend its rule Washington, DC 20549–9303. Inc. (‘‘CHX’’ or ‘‘Exchange’’) filed with relating to communications from the All submissions should refer to File the Securities and Exchange trading floor to provide the Exchange Number SR–CHX–2005–16. This file Commission (the ‘‘Commission’’) with the layoff service information that number should be included on the Amendment No. 3 to a proposed rule it needs to enhance its surveillance subject line if e-mail is used. To help the change as described in Items I, II, and programs. Through this Amendment No. Commission process and review your III below, which Items have been 3, the Exchange is seeking to revise the comments more efficiently, please use prepared by the CHX. The proposed rule proposed effective date of its proposed only one method. The Commission will change was originally filed on August rule to September 30, 2005. The post all comments on the Commission’s 31, 2004 and was amended by Exchange believes that this later Internet Web site (http://www.sec.gov/ Amendment No. 1, filed on June 7, effective date will better allow all of its rules/sro.shtml). Copies of the 2005, and Amendment No. 2, filed on Participants and their layoff vendors to June 27, 2005. The proposed rule submission, all subsequent be able to comply with the proposed change, as amended by Amendment amendments, all written statements rule in a timely manner on its effective Nos. 1 and 2, was published for notice date. with respect to the proposed rule and comment in the Federal Register on change, as amended, that are filed with July 12, 2005.3 The Commission is 2. Statutory Basis the Commission, and all written publishing this notice to solicit communications relating to the comments on the proposed rule change, The CHX believes the proposal is proposed rule change between the as amended by Amendment No. 3, from consistent with the requirements of the Commission and any person, other than interested persons. Act and the rules and regulations those that may be withheld from the thereunder that are applicable to a public in accordance with the I. Self-Regulatory Organization’s national securities exchange, and, in Statement of the Terms of Substance of provisions of 5 U.S.C. 552, will be particular, with the requirements of the Proposed Rule Change available for inspection and copying in Section 6(b) of the Act.4 The CHX the Commission’s Public Reference The Exchange is amending its believes the proposal is consistent with Room. proposal to prohibit Exchange Section 6(b)(5) of the Act 5 in that it is Participants from using any Copies of the filing also will be designed to promote just and equitable communications means to send orders available for inspection and copying at principles of trade, to remove to another market for execution (a impediments, and to perfect the the principal offices of the Exchange. ‘‘layoff service’’) unless that layoff mechanism of, a free and open market All comments received will be posted service has established a process for and a national market system, and, in without change; the Commission does providing the Exchange with specific not edit personal identifying information about the orders and the general, to protect investors and the information from submissions. You executions that participants receive. public interest by permitting the should submit only information that This amendment changes the proposed Exchange to require its participants (or you wish to make available publicly. All effective date contained in the proposed their layoff service providers) to provide submissions should refer to File rule text from August 1, 2005 to the Exchange with data necessary to Number SR–CHX–2005–16 and should September 30, 2005. conduct appropriate surveillance of its be submitted on or before September 8, participants’ trading activities. II. Self-Regulatory Organization’s 2005. Statement of the Purpose of, and B. Self-Regulatory Organization’s For the Commission, by the Division of Statutory Basis for, the Proposed Rule Statement of Burden on Competition Market Regulation, pursuant to delegated Change 16 The Exchange does not believe that authority. In its filing with the Commission, the the proposed rule changes will impose Margaret H. McFarland, CHX included statements concerning Deputy Secretary. any burden on competition. [FR Doc. E5–4507 Filed 8–17–05; 8:45 am] 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. BILLING CODE 8010–01–P 3 See Securities Exchange Act Release No. 51967 (July 1, 2005), 70 FR 40086 (July 12, 2005) (‘‘First 4 15 U.S.C. 78(f)(b). 16 17 CFR 200.30–3(a)(12). Notice’’). 5 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s public in accordance with the change, as amended, from interested Statement on Comments Regarding the provisions of 5 U.S.C. 552, will be persons. Proposed Rule Changes Received From available for inspection and copying in Members, Participants or Others the Commission’s Public Reference I. Self-Regulatory Organization’s Room. Copies of such filing will also be Statement of the Terms of Substance of No written comments were either the Proposed Rule Change solicited or received. available for inspection and copying at the principal office of the CHX. All PCX submitted to the Commission (i) III. Date of Effectiveness of the comments received will be posted a proposed amendment to the certificate Proposed Rule Changes and Timing for without change; the Commission does Commission Action not edit personal identifying of incorporation of PCX Holdings, Inc. (‘‘PCXH’’), the parent company of the Within 35 days of the date of information from submissions. You Exchange and its other operating publication of this notice in the Federal should submit only information that subsidiaries, (ii) proposed new PCX Register or within such other period (i) you wish to make available publicly. All submissions should refer to File No. Rules 1.1(cc) through (gg), Rule 3.4 and as the Commission may designate up to 5 90 days of such date if it finds such SR–CHX–2004–25 and should be Rule 13.2(a)(2)(E), which are intended longer period to be appropriate and submitted on or before September 8, to govern the ownership and voting of publishes its reasons for so finding or 2005. the stock of Archipelago Holdings, Inc. (ii) as to which the Exchange consents, For the Commission, by the Division of (‘‘Archipelago’’), a Delaware corporation the Commission will: Market Regulation, pursuant to delegated that operates the equities trading facility (A) By order approve the proposed authority.6 of PCX and PCX Equities, Inc. (‘‘PCXE’’), rule change, as amended, or Margaret H. McFarland, by OTP Holders and OTP Firms,6 and (B) Institute proceedings to determine Deputy Secretary. (iii) a proposed amendment to the whether the proposed rule change, as [FR Doc. E5–4509 Filed 8–17–05; 8:45 am] bylaws of Archipelago ((i), (ii) and (iii) amended, should be disapproved. BILLING CODE 8010–01–P together, the ‘‘Proposed Rule Changes’’). IV. Solicitation of Comments The text of the Proposed Rule Changes is available on PCX’s Web site, http:// Interested persons are invited to SECURITIES AND EXCHANGE www.pacificex.com/, at PCX’s Office of submit written data, views, and COMMISSION the Secretary, at the Commission’s arguments concerning the foregoing, Public Reference Room, and on the including whether the proposed rule [Release No. 34–52249; File No. SR–PCX– 2005–90] Commission’s Web site, http:// change, as amended by Amendment No. www.sec.gov/rules/sro.shtml. 3, is consistent with the Act. Comments Self-Regulatory Organizations; Pacific may be submitted by any of the Exchange, Inc.; Notice of Filing of II. Self-Regulatory Organization’s following methods: Proposed Rule Change and Statement of the Purpose of, and Electronic Comments Amendment No. 1 Thereto Relating to Statutory Basis for, the Proposed Rule the Certificate of Incorporation of PCX Change • Use the Commission’s Internet Holdings, Inc., PCX Rules and Bylaws comment form (http://www.sec.gov/ of Archipelago Holdings, Inc. In its filing with the Commission, the rules/sro.shtml); or self-regulatory organization included • Send an e-mail to rule- August 12, 2005. statements concerning the purpose of [email protected]. Please include File Pursuant to Section 19(b)(1) of the and basis for the proposed rule change Number SR–CHX–2004–25 on the Securities Exchange Act of 1934, as and discussed any comments it received subject line. 1 amended (‘‘Act’’) and Rule 19b–4 on the proposed rule change. The text 2 Paper Comments thereunder, notice is hereby given that of these statements may be examined at • on August 1, 2005, the Pacific Exchange, the places specified in Item IV below. Send paper comments in triplicate Inc. (‘‘PCX’’ or the ‘‘Exchange’’) filed The self-regulatory organization has to Jonathan G. Katz, Secretary, with the Securities and Exchange prepared summaries, set forth in Securities and Exchange Commission, Commission (‘‘Commission’’ or ‘‘SEC’’) 100 F Street, NE., Washington, DC the proposed rule change as described sections A, B and C below, of the most 20549–9303. in Items I, II and III below, which Items significant aspects of such statements. All submissions should refer to File have been prepared by the Exchange.3 No. SR–CHX–2004–25. This file number On August 10, 2005, the Exchange filed should be included on the subject line Amendment No. 1 (‘‘Amendment No. if e-mail is used. To help the 1’’) to the proposed rule change.4 The 5 See Amendment No. 1. Commission process and review your Commission is publishing this notice to 6 PCX rules define an ‘‘OTP Holder’’ to mean any comments more efficiently, please use solicit comments on the proposed rule only one method. The Commission will natural person, in good standing, who has been issued an Options Trading Permit (‘‘OTP’’) by the post all comments on the Commission’s 6 17 CFR 200.30–3(a)(12). Exchange for effecting approved securities Internet Web site (http://www.sec.gov/ 1 15 U.S.C. 78s(b)(1). transactions on the Exchange’s trading facilities, or rules/sro.shtml). Copies of the 2 17 CFR 240.19b–4. has been named as a Nominee. PCX Rule 1.1(q). The submission, all subsequent 3 At the request of PCX, the Commission made term ‘‘Nominee’’ means an individual who is amendments, all written statements clarifications to the description in Item II, as noted authorized by an ‘‘OTP Firm’’ (a sole herein. Telephone conversations between Kathryn proprietorship, partnership, corporation, limited with respect to the proposed rule Beck, Deputy General Counsel, PCX and Jennifer liability company or other organization in good change that are filed with the Dodd, Special Counsel, Commission, Division of Commission, and all written Market Regulation on August 4, 2005 (‘‘August 4, standing who holds an OTP or upon whom an individual OTP Holder has conferred trading communications relating to the 2005 Telephone Conversation’’) and August 12, 2005 (‘‘August 12, 2005 Telephone Conversation’’). privileges on the Exchange’s trading facilities) to proposed rule changes between the 4 In Amendment No. 1, the Exchange made conduct business on the Exchange’s trading Commission and any person, other than certain corrections to the descriptions in Items I, II facilities and to represent such OTP Firm in all those that may be withheld from the and III and the proposed rule text. matters relating to the Exchange. PCX Rule 1.1(n).

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A. Self-Regulatory Organization’s consecutive trading days ending on the a. Certificate of Incorporation of PCXH Statement of the Purpose of, and last trading day prior to the closing date (i) Proposed Amendments Statutory Basis for, the Proposed Rule of the Merger. At the Effective Time, all Change PCXH common stock will be cancelled In order to safeguard the or retired and cease to exist. independence of the self-regulatory 1. Purpose As a result of the Merger, PCXH, as functions of PCX and protect the The Exchange is submitting to the the surviving corporation in the Merger, Commission’s oversight responsibilities, Commission the Proposed Rule Changes will become a direct, wholly-owned the certificate of incorporation of PCXH, in connection with Archipelago’s subsidiary of Archipelago (the post- which was approved by the Commission proposed acquisition of PCXH. On Merger PCXH will hereinafter be on May 17, 2004 in connection with the January 3, 2005, PCXH, Archipelago and referred to as the ‘‘New PCXH’’). The demutualization of the Exchange,7 New Apple Acquisitions Corporation certificate of incorporation of PCXH as imposes limitations on direct and (the ‘‘Merger Sub’’), a newly formed in effect immediately prior to the indirect changes in control of PCXH wholly-owned subsidiary of Effective Time will, subject to approval through various ownership and voting Archipelago, entered into an Agreement of the Commission, be amended restrictions placed on PCXH’s capital and Plan of Merger (the ‘‘Original pursuant to the Amended Merger stock. Specifically, the certificate of Merger Agreement’’), pursuant to which Agreement and as so amended, will be incorporation of PCXH provides that no Archipelago has agreed to acquire PCXH the certificate of incorporation of the person,8 either alone or together with its and all of its wholly owned subsidiaries, New PCXH. The bylaws of PCXH as in related persons,9 may own, directly or including PCX and PCXE, by way of a effect immediately prior to the Effective indirectly, shares constituting more than merger under Delaware law (the Time will be the bylaws of the New 40% of the outstanding shares of any ‘‘Merger’’) of the Merger Sub with and PCXH, until thereafter amended as class of PCXH capital stock,10 and that into PCXH, with PCXH as the surviving provided therein or by applicable law. no person, either alone or together with corporation. On July 22, 2005, PCXH, The directors of the Merger Sub at the its related persons who is a trading Archipelago and Merger Sub amended Effective Time will become directors of permit holder of PCX or an equities and restated the Original Merger the New PCXH and the officers of PCXH trading permit holder of PCXE, may Agreement to, among other things, at the Effective Time will continue to be own, directly or indirectly, shares provide that the consideration payable officers of the New PCXH. to PCXH stockholders would be made Except as described in the preceding 7 Securities Exchange Act Release No. 49718 (May wholly in cash, and that, as 17, 2005), 69 FR 29611 (May 24, 2005) (order paragraph or otherwise approved by the approving proposed rule change and notice of filing contemplated by the Original Merger Commission, the Merger will not affect and order granting accelerated approval of Agreement, the measurement dates for the internal corporate structure of PCXH Amendment No. 1 thereto relating to the purposes of valuing the Archipelago or the regulatory relationship of PCX demutualization of PCX). stock held by PCXH would now be the and PCXE to Archipelago Exchange, 8 ‘‘Person’’ is defined to mean an individual, partnership (general or limited), joint stock ten consecutive trading days ending on L.L.C. (‘‘ArcaEx’’), the exclusive equities company, corporation, limited liability company, the last trading day prior to the closing trading facility of PCX and PCXE. PCX trust or unincorporated organization, or any date of the Merger (as so amended, the will remain a wholly-owned subsidiary governmental entity or agency or political ‘‘Amended Merger Agreement’’). of the New PCXH, will continue subdivision thereof. Restated Certificate of Incorporation of PCXH, Article Nine, Section Pursuant to the Amended Merger operating the options business of the 1(b)(iv). Agreement, subject to appraisal rights Exchange and will retain the self- 9 The term ‘‘related person,’’ as defined in the under Delaware law and other than with regulatory organization function for the Restated Certificate of Incorporation of PCXH, respect to treasury stock of PCXH and options business as well as for PCX’s means (i) with respect to any person, all ‘‘affiliates’’ PCXH common stock beneficially and ‘‘associates’’ of such person (as such terms are equities business subsidiary, PCXE. defined in Rule 12b–2 under the Act); (ii) with owned by Archipelago for Archipelago’s After the Merger, except as otherwise respect to any person constituting a trading permit own account, each share of PCXH approved by the Commission, the board holder of PCX or an equities trading permit holder common stock issued and outstanding of directors of PCX will continue to of PCXE, any broker dealer with which such holder immediately prior to the effective time is associated; and (iii) any two or more persons that comply with the compositional have any agreement, arrangement or understanding of the Merger (the ‘‘Effective Time’’) will requirements set forth in the certificate (whether or not in writing) to act together for the be converted into, and become of incorporation and bylaws of PCX. purpose of acquiring, voting, holding or disposing exchangeable for, an amount in cash Except as otherwise approved by the of shares of the capital stock of PCXH. Restated equal to the quotient of the aggregate Certificate of Incorporation of PCXH, Article Nine, Commission, PCXE’s operations, Section 1(b)(iv). merger consideration divided by the governance structure, or rules will not 10 Restated Certificate of Incorporation of PCXH, sum of the number of outstanding be affected by the Merger. After the Article Nine, Section 1(b)(i). However, such shares of PCXH common stock and the Merger, except as otherwise approved restriction may be waived by the Board of Directors number of shares to be issued upon the by the Commission, the board of of PCXH pursuant to an amendment to the Bylaws of PCXH adopted by the Board of Directors, if, in exercise of all options at the directors of PCXE will continue to connection with the adoption of such amendment, consummation of the merger. The comply with the compositional the Board of Directors adopts a resolution stating aggregate merger consideration equals requirements set forth in the certificate that it is the determination of such Board that such the sum of the value of the shares of of incorporation and bylaws of PCXE. amendment will not impair the ability of PCX to carry out its functions and responsibilities as an Archipelago common stock owned by ArcaEx will remain the exclusive ‘‘exchange’’ under the Act and is otherwise in the PCX and its subsidiaries and $17 equities trading facility of PCX and best interests of PCXH and its stockholders and million, subject to market fluctuations PCXE and the Amended and Restated PCX, and will not impair the ability of the in the Archipelago stock price and Facility Services Agreement among Commission to enforce said Act, and such amendment shall not be effective until approved by certain other adjustments pursuant to Archipelago, PCX and PCXE, dated as of said Commission; provided that the Board of the Amended Merger Agreement. The March 22, 2002, which currently Directors of PCXH shall have determined that such value of Archipelago common stock governs the regulatory relationship of Person and its Related Persons are not subject to shall be determined using the average of PCX and PCXE to ArcaEx (the ‘‘Facility any applicable ‘‘statutory disqualification’’ (within the meaning of Section 3(a)(39) of the Act). Restated the per share closing prices for Services Agreement’’), will remain in Certificate of Incorporation of PCXH, Article Nine, Archipelago common stock for the ten full force and effect in its current form. Sections 1(b)(i)(B) and 1(b)(i)(C).

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constituting more than 20% of any class any broker or dealer approved by the incorporation of PCXH described above, of PCXH capital stock.11 Furthermore, Commission after June 20, 2005 to be a the Exchange requests that the the certificate of incorporation of PCXH facility (as defined in Section 3(a)(2) of Commission approve Archipelago provides that, for so long as PCXH the Act) of PCX; (2) any person which Securities, L.L.C. (‘‘Archipelago controls, directly or indirectly, PCX, no has been approved by the Commission Securities’’) to be a facility (as defined person, either alone or with its related prior to it becoming subject to the in Section 3(a)(2) of the Act) of PCX. persons, may directly or indirectly vote provisions of Article Nine of the Archipelago Securities, a wholly- or cause the voting of shares of PCXH certificate of incorporation of PCXH capital stock or give any proxy or with respect to the voting and owned subsidiary of Archipelago, is a consent with respect to shares ownership of shares of PCXH capital registered broker-dealer, a member of representing more than 20% of the stock by such person; and (3) any the National Association of Securities voting power of the issued and person which is a related person of Dealers, Inc. (‘‘NASD’’) and an ETP outstanding PCXH capital stock, and it Archipelago solely by reason of Holder. Archipelago Securities provides also places limitations on the right of beneficially owning, either alone or an optional routing service for ArcaEx, any person, either alone or with its together with its related persons, less and, as necessary, routes orders to other related persons, to enter into any than 20% of the outstanding shares of securities exchanges, facilities of agreement with respect to the Archipelago capital stock (any person securities exchanges, automated trading withholding of any vote or proxy.12 In covered by (1) through (3) is referred to systems, electronic communications order to permit Archipelago to own as a ‘‘permitted person’’ in the proposed networks or other brokers or dealers 100% of the capital stock of the New amendment).15 The proposed Section 4 (collectively, ‘‘Market Centers’’) from PCXH upon consummation of the to Article Nine of the certificate of ArcaEx (such function of Archipelago Merger, PCX proposes to amend the incorporation of PCXH further provides Securities is referred to as the certificate of incorporation of PCXH to that any other prohibited person not ‘‘Outbound Router’’). In its capacity as create an exception, with certain covered by the definition of a permitted an Outbound Router, Archipelago limitations, for Archipelago and certain person who would be subject to and Securities has operated as a facility (as related persons of Archipelago from the exceed the voting and ownership defined in Section 3(a)(2) of the Act) of limitations imposed by Article Nine as voting and ownership restrictions PCX. It was approved by the of the date of the closing of the Merger described above. Commission as a facility (as defined in shall be permitted to exceed the voting Specifically, PCX proposes to add a Section 3(a)(2) of the Act) of PCXE on new paragraph at the end of Article and ownership limitations imposed by Article Nine only to the extent and for October 25, 2001 in connection with the Nine of the certificate of incorporation Commission’s approval of the rules of of PCXH, providing that for so long as the time period approved by the PCX establishing ArcaEx as a facility of Archipelago directly owns all of the Commission.16 PCXE.17 outstanding capital stock of PCXH, the PCX believes that by creating a provisions of Article Nine, including the limited exemption from the voting and Archipelago intends to continue to ownership and voting limitations with ownership restrictions in the certificate own and operate Archipelago Securities respect to shares of PCXH capital stock, of incorporation of PCXH, the proposed following the closing of the Merger. The shall not be applicable to the voting and amendment will permit the proposed operation of Archipelago ownership of shares of PCXH capital consummation of the Merger and the Securities as an Outbound Router after stock by (i) except for prohibited continued ownership of PCXH by the closing of the Merger will not persons (as defined below), Archipelago after the Merger while change from the way it is administered Archipelago, (ii) except for prohibited preserving the general applicability of and operated today.18 As an Outbound persons, any person which is a related such restrictions as they currently exist, Router, Archipelago Securities will so that these restrictions may continue person (as such term is defined in the continue to receive instructions from safeguarding the independence of PCX’s certificate of incorporation of PCXH) of ArcaEx, route orders to other Market self-regulatory function and the Archipelago, either alone or together Centers in accordance with those Commission’s oversight responsibilities. with its related persons, and (iii) except instructions and be responsible for for prohibited persons, any other person In addition, PCX believes that by eliminating prohibited persons from the reporting resulting executions back to to which Archipelago is a related 19 exemption, other than those approved ArcaEx. In addition, all orders routed person, either alone or together with its through Archipelago Securities would related persons.13 by the Commission, it will prevent OTP ‘‘Prohibited persons’’ is defined to Holders, OTP Firms and ETP Holders 17 mean any person which is, or which has (as such terms are defined in the rules See Self Regulatory Organizations; Order of PCX, as such rules may be amended Approving Proposed Rule Change by the Pacific a related person which is (A) an OTP Exchange, Inc., as Amended, and Notice of Filing Holder or an OTP Firm (as such terms from time to time) from acquiring, and Order Granting Accelerated Approval of are defined in the rules of PCX, as such directly or indirectly, a substantial Amendment Nos. 4 and 5 Concerning the rules may be in effect from time to time) number of outstanding shares of PCXH Establishment of Archipelago Exchange as the Equities Trading Facility of PCX Equities, Inc., 14 and exercising undue influence over the or (B) an ETP Holder, except for (1) Exchange Act Release No. 44983 (October 25, 2001), operation of PCX, including its self- 66 FR 55225 (November 1, 2001) (SR–PCX–00–25) 11 Id., Article Nine, Section 1(b)(ii). regulatory functions, without proper (the ‘‘Original Outbound Router Release’’). The 12 Id., Article Nine, Section 1(c). oversight by the Commission. name of the order routing broker-dealer was 13 Amended and Restated Certificate of originally Wave Securities, L.L.C. as approved by Incorporation of PCXH, Article Nine, Section 4. (ii) Archipelago Securities, L.L.C. the Commission in the Original Outbound Router 14 PCXE rules define an ‘‘ETP Holder’’ to mean In connection with the proposed Release. 18 See, e.g., Original Outbound Router Release, at any sole proprietorship, partnership, corporation, amendment to the certificate of limited liability company or other organization in 55233–55235 (describing the operation of the order good standing that has been issued an Equity routing broker-dealer approved by the Trading Permit, a permit issued by the PCXE for 15 Amended and Restated Certificate of Commission). effecting approved securities transactions on the Incorporation and PCXH, Article Nine, Section 4. 19 See Original Outbound Router Release, at trading facilities of PCXE. PCXE Rule 1.1(n). 16 Id. 55234.

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remain subject to the terms and agreement was amended on February 1, PCX and PCXE as an SRO regarding conditions of PCXE rules.20 1980, and as so amended, the ‘‘NASD Archipelago Securities. PCX and PCXE currently regulate the PCX Agreement’’), there is currently a PCX and Archipelago believe, Outbound Router function of plan in place allocating to the NASD the however, that such conflict may be Archipelago Securities as a facility (as responsibility to receive regulatory mitigated with the following proposed defined in Section 3(a)(2) of the Act) reports from Archipelago Securities, to undertakings of Archipelago, PCX and subject to Section 6 of the Act. As such, examine Archipelago Securities for Archipelago Securities.28 the Outbound Router function of compliance and to enforce compliance Archipelago Securities is subject to the by Archipelago Securities with the Act, (x) Proposed Undertakings Commission’s continuing oversight. In the rules and regulations thereunder Each of Archipelago, PCX and particular, and without limitation, and the rules of the NASD, and to carry Archipelago Securities undertakes as under the Act, PCX is responsible for out other specified regulatory functions follows: filing with the Commission rule changes with respect to Archipelago Securities. (1) PCX will regulate the Outbound and fees relating to the Archipelago ETP Holders’ use of Archipelago Router function of Archipelago Securities Outbound Router function, Securities to route orders to another Securities as a facility (as defined in and Archipelago Securities is subject to Market Center is currently optional, and Section 3(a)(2) of the Act), subject to exchange non-discrimination will remain optional after the closing of Section 6 of the Act. In particular, and requirements.21 the Merger. Those ETP Holders who without limitation, under the Act, PCX Pursuant to Rule 17d–1 under the Act, choose to use the Outbound Routing will be responsible for filing with the where a member of the Securities service of Archipelago Securities must Commission rule changes and fees Investor Protection Corporation is a sign an Archipelago Securities Routing relating to the Archipelago Securities member of more than one self-regulatory Agreement. Importantly, among other Outbound Router function and organization (‘‘SRO’’), the Commission things, the Archipelago Securities Archipelago Securities will be subject to shall designate to one of such Routing Agreement provides that all exchange non-discrimination organizations the responsibility for orders routed through Archipelago requirements. examining such member for compliance Securities are subject to the terms and (2) Currently, NASD, an SRO with the applicable financial conditions of PCXE rules.24 unaffiliated with Archipelago or any of responsibility rules.22 The SRO so PCX and Archipelago recognize that tis affiliates (including, without designated by the Commission is after the closing of the Merger such limitation, PCX or PCXE), carries out referred to as a ‘‘Designated Examining continued ownership and operation by oversight and enforcement Authority.’’ Archipelago Securities is a Archipelago of Archipelago Securities— responsibilities as the Designated member of two SROs, PCX and the by virtue of Archipelago Securities Examining Authority designated by the NASD. The NASD is an SRO not being an ETP Holder and a related Commission pursuant to Rule 17d–1 of 25 affiliated with Archipelago or any of its person of Archipelago —would be in the Act with the responsibility for affiliates (including, without limitation, violation of the current and proposed examining Archipelago Securities for 26 PCX and PCXE) and it has been limitations to be set forth in the compliance with the applicable designated by the Commission as the certificate of incorporation of PCXH financial responsibility rules.29 Designated Examining Authority for described above, unless Archipelago (3) The NASD PCX Agreement will Archipelago Securities pursuant to Rule Securities is approved by the stay in full force and effect and PCX will 17d–1 of the Act with the responsibility Commission after June 20, 2005 to be a 27 continue to abide by the terms of such for examining Archipelago Securities for facility of PCXE in accordance with agreement.30 Furthermore, PCX compliance with the applicable the terms of the proposed amendment to undertakes to amend the agreement to the certificate of incorporation of PCXH financial responsibility rules. expand the scope of NASD’s regulatory described above. Furthermore, under an agreement functions so as to encompass all of the between NASD and PCX originally PCX and Archipelago further recognize that the ownership of both regulatory oversight and enforcement entered into on May 27, 1977 pursuant PCX and Archipelago Securities by responsibilities with respect to to Rule 17d–2 23 under the Act (the Archipelago may pose a conflict of Archipelago Securities pursuant to applicable laws, except for real-time 20 See Archipelago Securities Routing Agreement, interest between the regulatory responsibilities of PCX and PCXE and market surveillance. http://www.tradearca.com/exchange/pdfs/ (4) An ETP Holder’s or OTP Holder’s ETPApplication.pdf (last visited July 21, 2005). the broker or dealer activities of 21 See, e.g., Section 6(b)(5) of the Act, 15 U.S.C. Archipelago Securities. This is because use of Archipelago Securities to route 78f(b)(5). the financial interests of Archipelago orders to another Market Center will 22 17 CFR 240.17d–1. Pursuant to Rule 17d–1 may conflict with the responsibilities of continue to be optional. Any ETP under the Act, in making such designation the Holder or OTP Holder that does not Commission shall take into consideration the regulatory capabilities and procedures of the SROs, regulations thereunder, and the rules of such SROs, want to use Archipelago Securities may 31 availability of staff, convenience of location, or to carry out other specified regulatory functions use other routers to route orders to unnecessary regulatory duplication, and such other with respect to such persons. 17 CFR 240.17d–2. other Market Centers.32 factors as the Commission may consider germane to 24 See Archipelago Securities Routing Agreement, the protection of investors, the cooperation and http://www.tradearca.com/exchange/pdfs/ 28 coordination among self-regulatory organizations, ETPApplication.pdf (last visited July 21, 2005). The Exchange clarified that the undertakings of and the development of a national market system 25 At the request of the Exchange the Commission PCX should also be included. See August 12, 2005 for the clearance and settlement of securities deleted the phrase ‘‘as an Outbound Router.’’ See Telephone Conversation. transactions. August 4, 2005 Telephone Conversation. 29 See Amendment No. 1. 23 Rule 17d–2 provides that any two or more 26 The Exchange clarified that the ownership and 30 Id. SROs may file with the Commission a plan for operation by Archipelago of Archipelago Securities 31 Id. allocating among such SROs the responsibility to would violate the current, as well as the proposed, 32 An ETP Holder may chose to route an order to receive regulatory reports from persons who are limitations in the certificate of incorporation of ArcaEx that, if not executable on ArcaEx, will be members or participants of more than one of such PCXH, unless approved by the Commission after cancelled and returned to the ETP Holder, at which SROs to examine such persons for compliance, or June 20, 2005 to be a facility of PCXE. See August time the ETP Holder could chose to route the order to enforce compliance by such persons, with 12, 2005 Telephone Conversation. to another market. See August 4, 2005 Telephone specified provisions of the Act, the rules and 27 See Amendment No. 1. Conversation.

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(5) Archipelago Securities will not stockholders and their related Act) of such OTP Holder or OTP Firm engage in any business other than its persons,38 including persons who are (such persons are referred to in this Outbound Router function (including, ETP Holders and the broker-dealers filing as ‘‘OTP Associates’’) would agree in that function, the self-clearing with whom such ETP Holders are to comply with the ownership and functions that it currently performs for associated.39 In order to ensure that voting limitations imposed by the trades with respect to orders routed to upon consummation of the Merger, the proposed PCX rules, to authorize other Market Centers and the clearing public company nature of Archipelago Archipelago to vote their shares of functions that it may perform for trades will not unduly interfere with or restrict Archipelago stock in favor of with respect to orders for securities not the regulatory oversight responsibilities amendments to the certificate of trades on any securities exchange) 33 of the Commission or PCX with respect incorporation of Archipelago that and any other activities it may engage in to the options business and the general incorporate such ownership and voting as approved by the Commission. compliance of the operations of the limitations, and to be subject to the The above undertakings of options business with federal securities disciplinary action in the proposed PCX Archipelago, PCX and Archipelago laws, PCX proposes to impose on any rules if they violate any of the Securities would become effective at the OTP Holder or OTP Firm, that is not an ownership or voting limitations or fail effective time of the Merger. ETP Holder, voting and ownership to enter into such ownership and voting (y) Request for Approval limitations that are analogous to those agreement (such agreement, the imposed on ETP Holders by the ‘‘Ownership and Voting Agreement’’). In sum, PCX and Archipelago believe certificate of incorporation of Under the proposed PCX rules, failure that the proposed undertakings of Archipelago. In addition, PCX proposes to comply with the ownership and Archipelago, PCX and Archipelago to require such OTP Holder and OTP voting limitations or failure to enter into Securities set forth above would address Firm, as well as ‘‘associated persons’’ the Ownership and Voting Agreement the potential conflict of interest with the (as such term is defined in Section will subject the responsible OTP Holder regulatory responsibilities of PCX and 3(a)(18) of the Act) 40 of such OTP or OTP Firm to the possible suspension PCXE and the continued ownership and Holder or OTP Firm, to enter into an of all trading rights and privileges. The operation of Archipelago Securities by agreement with PCX and Archipelago proposed PCX Rules 1.1(cc) through Archipelago after the closing of the within certain specific time periods set 34 (gg), Rule 3.4 and Rule 13.2(a)(2)(E) are Merger. Consequently, subject to the forth in the proposed PCX rules, summarized below. proposed undertakings of Archipelago, pursuant to which such OTP Holder, PCX and Archipelago Securities set OTP Firm and any person who is (i) Ownership and Voting Limitations forth above, PCX and Archipelago deemed an ‘‘associated person’’ (as such The proposed PCX rules provide that request that the Commission approve term is defined in Section 3(a)(18) of the for as long as Archipelago shall control, Archipelago Securities to be a facility directly or indirectly, PCX, no OTP (as defined in Section 3(a)(2) of the 38 The term ‘‘related persons,’’ as defined in the Holder or OTP Firm, either alone or Act) 35 of PCX. Certificate of Incorporation of Archipelago, means with its related persons, shall own with respect to any person: (a) Any other person(s) b. Proposed PCX Rules whose beneficial ownership of shares of stock of beneficially shares of Archipelago stock representing in the aggregate more than Archipelago is a public company Archipelago with the power to vote on any matter would be aggregated with such first person’s 20% of the then outstanding votes whose common stock is listed on PCX beneficial ownership of such stock or deemed to be entitled to be cast on any matter (the for trading on ArcaEx. The certificate of beneficially owned by such first person pursuant to ‘‘Ownership Limitation’’).41 ‘‘Related incorporation of Archipelago, which Rules 13d–3 and 13d–5 under the Act; (b) in the persons’’ is defined to mean, with was approved by the Commission on case of a person that is a natural person, for so long as ArcaEx remains a facility of PCX and PCXE and respect to any OTP Holder or OTP Firm: August 9, 2004 prior to the initial public the Facility Services Agreement is in full force and (a) Any broker or dealer with which offering of Archipelago common effect, any broker or dealer that is an ETP Holder such OTP Holder or OTP Firm is stock,36 currently contains certain with which such natural person is associated; (c) in provisions intended to ensure that the the case of a person that is an ETP Holder, for so associated; (b) any natural person who long as ArcaEx remains a facility of PCX and PCXE ownership of Archipelago by the public is an associated person of such OTP and the Facility Services Agreement is in full force Firm; (c) any other person(s) 42 whose will not unduly interfere with or restrict and effect, any broker or dealer with which such the ability of the Commission or PCX to ETP Holder is associated; (d) any other person(s) beneficial ownership of shares of stock effectively carry out their regulatory with which such person has any agreement, of Archipelago with the power to vote oversight responsibilities under the Act, arrangement or understanding (whether or not in on any matter would be aggregated with writing) to act together for the purpose of acquiring, the OTP Holder’s or OTP Firm’s with respect to ArcaEx, and generally to voting, holding or disposing of shares of the stock enable ArcaEx to operate in a manner of Archipelago; and (e) in the case of a person that beneficial ownership of such stock or that complies with the federal securities is a natural person, any relative or spouse of such deemed to be beneficially owned by person, or any relative of such spouse, who has the such OTP Holder or OTP Firm pursuant laws, including furthering the objectives same home as such person or who is a director or of Section 6(b)(5) of the Act.37 Some of to Rules 13d–3 and 13d–5 under the officer of Archipelago or any of its parents or 43 these provisions impose ownership and subsidiaries. Certificate of Incorporation of Act; (d) any other person(s) with voting limitations on Archipelago’s Archipelago, Article FOURTH, paragraph H(3). 39 Certificate of Incorporation of Archipelago, 41 Proposed PCX Rule 3.4(a). Article FOURTH, paragraphs (C) and (D). 42 PCX Rule 1.1(v) defines ‘‘Person’’ to mean a 33 See Amendment No. 1. 40 Pursuant to Section 3(a)(18) of the Act, the term natural person, corporation, partnership, limited 34 Id. ‘‘associated person of a broker or dealer’’ means any liability company, association, joint stock company, 35 15 U.S.C. 78c(a)(2). partner, officer, director, or branch manager of such trustee of a trust fund, or any organized group of 36 Securities Exchange Act Release No. 50170 broker or dealer (or any person occupying a similar persons whether incorporated or not. PCX Rule (August 9, 2004), 69 FR 50419 (August 16, 2004) status or performing similar functions), any person 1.1(v). (SR–PCX–2004–56) (order granting approval of directly or indirectly controlling, controlled by or 43 PCX believes that this definition, by proposed rule change and notice of filing and order under common control with such broker or dealer, incorporating a ‘‘beneficial ownership’’ concept, granting accelerated approval to Amendment No. 1 or any employee of such broker or dealer, except will help PCX to monitor ownership of the common to the proposed rule change by the Pacific that such term does not include any person stock of Archipelago by monitoring filings on Exchange, Inc. relating to the Certificate of associated with a broker or dealer whose functions Schedules 13D and 13G by stockholders of Incorporation and Bylaws of Archipelago). are solely clerical or ministerial. 15 U.S.C. Archipelago. PCX further believes that the 37 Id. 78c(a)(18). Continued

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which such OTP Holder or OTP Firm either alone or together with its related vote on any matter with any other has any agreement, arrangement or persons, shall (1) have the right to vote, person, either alone or with its related understanding (whether or not in vote or cause the voting of shares of persons, in contravention of the writing) to act together for the purpose stock of Archipelago to the extent such Nonvoting Agreement Prohibition.49 In of acquiring, voting, holding or shares represent in the aggregate more addition, the Ownership and Voting disposing of shares of the stock of than 20% of the then outstanding votes Agreement provides that each OTP Archipelago; and (e) with respect to any entitled to be cast on any matter (the Holder, OTP Firm and OTP Associate OTP Holder and any person described ‘‘Voting Limitation’’) or (2) enter into who is party to such agreement shall in (a) to (d) above who is a natural any agreement, plan or arrangement not agree to be subject to the person, any relative or spouse of such to vote shares, the effect of which implementation provisions imposed by person, or any relative of such spouse, agreement, plan or arrangement would the proposed PCX Rule 3.4(d), which who has the same home as such person be to enable any person, either alone or are also going to be set forth in the or who is a director or officer of with its related persons, to vote or cause Ownership and Voting Agreement; 50 Archipelago or any of its parents or the voting of shares that would these provisions are described in more subsidiaries.44 PCX and Archipelago represent in the aggregate more than detail below. believe that stockholders of 20% of the then outstanding votes Finally, the Ownership and Voting Archipelago, including OTP Holders, entitled to be cast on any matter (the Agreement provides that each OTP OTP Firms and their related persons ‘‘Nonvoting Agreement Prohibition’’).46 Holder, OTP Firm and OTP Associate who own Archipelago stock, will be The Voting Limitation and Nonvoting who is party to such agreement shall able to effectively monitor their Agreement Prohibition shall not apply vote, or authorize Archipelago to vote shareholdings in Archipelago using to (1) any solicitation of any revocable on their behalf, shares of Archipelago systems they already have in place. proxy from any stockholder of stock owned by such OTP Holder, OTP For purposes of the Ownership Archipelago by or on behalf of Firm or OTP Associate, as appropriate, Limitation, no OTP Holder or OTP Firm Archipelago or by an officer or director in favor of amendments to the certificate shall be deemed to have any agreement, of Archipelago acting on behalf of of incorporation of Archipelago that arrangement or understanding to act Archipelago or (2) any solicitation of incorporate ownership and voting together with respect to voting shares of any revocable proxy from any limitations that are substantially similar stock of Archipelago solely because stockholder of Archipelago by any other to the Ownership Limitation, Voting such OTP Holder, OTP Firm or any of stockholder that is conducted pursuant Limitation and Nonvoting Agreement their related persons, has or shares the to, and in accordance with, Regulation Prohibition set forth in the proposed power to vote or direct the voting of 14A promulgated pursuant to the Act.47 Rules 3.4(a) and 3.4(b), as well as such shares of stock pursuant to a implementation provisions imposed by revocable proxy given in response to a (ii) Ownership and Voting Agreement the proposed PCX Rule 3.4(d).51 The public proxy or consent solicitation The proposed PCX Rule 3.4 also Ownership and Voting Agreement shall conducted pursuant to, and in requires certain OTP Holders and OTP be governed by Delaware law.52 accordance with, Regulation 14A Firms that are not ETP Holders, and Under the proposed PCX rules, the promulgated pursuant to the Act, except certain OTP Associates,48 to enter into OTP Holders, OTP Firms and OTP if such power (or the arrangements an Ownership and Voting Agreement Associates who are required to enter relating thereto) is then reportable under with PCX and Archipelago, which into the Ownership and Voting Item 6 of Schedule 13D under the Act Ownership and Voting Agreement shall Agreement have to do so within certain (or any similar provision of a provide that for as long as Archipelago specified time periods set forth in the 45 comparable or successor report). shall control, directly or indirectly, proposed rules. Specifically, in the case In addition to the Ownership PCX: (i) No OTP Holder or OTP Firm, of an OTP Holder, OTP Firm or OTP Limitation, the proposed PCX rules either alone or with its related persons, Associate which is not an ETP Holder provide that for as long as Archipelago shall, at any time, own beneficially and which (x) owns beneficially any shall control, directly or indirectly, shares of Archipelago stock in excess of shares of Archipelago stock or (y) has PCX, no OTP Holder or OTP Firm, the Ownership Limitation; (ii) no OTP entered into any agreement, plan or Holder or OTP Firm, either alone or other arrangement relating to the voting definition of ‘‘beneficial ownership’’ used will or ownership of any shares of cover persons which control, are controlled by or together with its related persons, shall are under common control with an OTP Holder or have the right to vote, vote or cause the Archipelago stock, at the time of the an OTP firm. voting of shares of Archipelago stock, in closing of the Merger, such person will 44 Proposed PCX Rule 1.1(gg). The proposed Rule person or by proxy or through any be required to enter into the Ownership 1.1(gg) further provides that ‘‘related persons’’ and Voting Agreement no later than 30 includes, with respect to any OTP Holder or OTP voting agreement or other arrangement, Firm: (1) any other person beneficially owning in excess of the Voting Limitation; and calendar days following the date of pursuant to Rules 13d–3 and 13d–5 under the Act (iii) no OTP Holder or OTP Firm, either closing of the Merger; in the case of any shares of Archipelago stock with the power to vote alone or together with its related OTP Holder, OTP Firm or OTP on any matter that also are deemed to be Associate which is not required to enter beneficially owned by such OTP Holder or OTP persons, shall enter into any agreement, Firm pursuant to Rules 13d–3 and 13d–5 under the plan or other arrangement relating to into an Ownership and Voting Act; (2) any other person that would be deemed to shares of Archipelago stock entitled to Agreement pursuant to the above clause, own beneficially pursuant to Rules 13d–3 and 13d– the Ownership and Voting Agreement 5 under the Act shares of Archipelago stock with 46 has to be entered into no later than the the power to vote on any matter that are beneficially Proposed PCX Rule 3.4(b). owned directly or indirectly by such OTP Holder 47 Id. fifth calendar day following the date on or OTP Firm pursuant to Rules 13d–3 and 13d–5 48 PCX clarified that only certain OTP Holders, which: (x) such OTP Holder, OTP Firm under the Act; and (3) any additional person OTP Firms and OTP Associates would be required or OTP Associate ceases being an ETP through which such other person would be deemed to enter into the Ownership and Voting Agreement. to directly or indirectly own beneficially pursuant See August 4, 2005 Telephone Conversation and 49 to Rules 13d–3 and 13d–5 under the Act shares of text accompanying note 51, infra, for a discussion Proposed PCX Rule 3.4(c). Archipelago stock with the power to vote on any of which OTP Holders, OTP Firms, and OTP 50 Id. matter. Associates would be required to enter into an 51 Proposed PCX Rule 3.4(c)(3). 45 Proposed PCX Rule 3.4(a). Ownership and Voting Agreement. 52 Proposed PCX Rule 3.4(c)(5).

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Holder and (A) owns or acquires (iii) Certain Matters Related to the In addition, if any OTP Holder or OTP beneficial ownership of any shares of Implementation of the Ownership and Firm, either alone or with its related Archipelago stock or (B) is a party to or Voting Limitations persons (including any related persons enters into any agreement, plan or other The proposed PCX Rule 3.4(d) who are OTP Associates of such OTP arrangement relating to the voting or provides that in the event that any OTP Holder or OTP Firm), acquires the right ownership of any shares of Archipelago Holder or OTP Firm, either alone or to vote more than 20% of the then stock; or (y) such OTP Holder, OTP with its related persons (including any outstanding votes entitled to be cast by Firm or OTP Associate which is not an related persons who are OTP Associates stockholders of Archipelago on any ETP Holder (A) acquires beneficial of such OTP Holder or OTP Firm), at matter, Archipelago shall have the right ownership of any shares of Archipelago any time owns beneficially shares of to vote and shall vote such shares of stock or (B) enters into any agreement, Archipelago stock in excess of the Archipelago stock owned by such OTP plan or other arrangement relating to the Ownership Limitation, Archipelago Holder, OTP Firm, or an OTP Associate voting or ownership of any shares of shall promptly call from such OTP of such OTP Holder or OTP Firm, in Archipelago stock.53 Holder or OTP Firm, or an OTP excess of the 20% voting limitation in Associate of such OTP Holder or OTP proportion with the results of voting The ownership and voting limitations (excluding such excess shares) for such contained in the proposed PCX Rule 3.4 Firm, at a price per share equal to the par value thereof, shares of Archipelago matter at a meeting of Archipelago and the Ownership and Voting stock owned by such OTP Holder, OTP stockholders.55 Agreement required by the proposed Firm or OTP Associate that are Furthermore, the proposed PCX rules PCX Rule 3.4 are designed to impose on necessary to decrease the beneficial provide that in the event of any OTP Holders, OTP Firms and their ownership of such OTP Holder or OTP violation by any OTP Holder or OTP related persons restrictions that are Firm, either alone or with its related Firm of the Ownership Limitation, similar to those that are currently persons, to 20% of the then outstanding Voting Limitation or Nonvoting contained in the certificate of votes entitled to be cast on any matter Agreement Prohibition (including, incorporation of Archipelago with after giving effect to the redemption of without limitation, any failure of an respect to ETP Holders and their related the shares of Archipelago stock.54 OTP Holder, OTP Firm or OTP persons. The corresponding provisions Associate to enter into the Ownership in the certificate of incorporation of 54 Proposed PCX Rule 3.4(d)(1). For purposes of and Voting Agreement as required by Archipelago are designed to prevent any illustration, if there are 1,000,000 votes entitled to the proposed Rule 3.4(c) within the ETP Holder or any ETP Holders acting be cast in total and an OTP Holder acquires applicable time periods specified together, from exercising undue control beneficial ownership of shares of Archipelago stock representing in the aggregate 300,000 votes, then therein or any breach of the Ownership over the operation of Archipelago and, Archipelago has to call such number of shares from and Voting Agreement by an OTP therefore, ArcaEx. PCX believes that by such OTP Holder so that the number of votes that Holder, OTP Firm or OTP Associate extending the same restrictions to OTP the OTP Holder beneficially owns after giving effect which is a party thereto), the Exchange Holders and OTP Firms as well as their to the reduction in such OTP Holder’s stake and the consequent reduction in the total number of votes shall suspend all trading rights and related persons, the proposed rule entitled to be cast, is not more than 20% of the new privileges of such OTP Holder or OTP would accomplish the same objectives total number of votes entitled to be cast. Thus, Firm in accordance with proposed PCX with respect to the options business of using the number provided in this example, Rule 13.2(a)(2)(E), subject to the Archipelago would have to call shares of 56 PCX. Specifically, PCX believes that the Archipelago stock representing in the aggregate procedures provided therein. proposed rules would deter any OTP 125,000 votes, leaving the OTP Holder with shares The proposed PCX Rule 13.2(a)(2)(E) Holder or OTP Firm, either alone or of Archipelago stock representing in the aggregate provides that in the event of any such together with its related persons, from 175,000 votes, or 20% of the new 875,000 votes failure to comply with Rule 3.4, the accumulating a substantial number of entitled to be cast in total. Exchange shall: (1) Provide notice to the In addition, assuming there is a second OTP outstanding votes entitled to be cast on Holder who beneficially owns shares of any matter without Commission review. Archipelago stock representing 190,000 votes, the where shares are to be surrendered for payment of PCX believes that the imposition of such calling of the shares of the first OTP Holder the call price. Failure to give notice as aforesaid, or described above would result in an increase of the any defect therein, shall not affect the validity of 20% ownership and voting limitations second OTP Holder’s ownership from 19% to the call of the shares. From and after the call date would help ensure that Archipelago, 21.7%. In this scenario, Archipelago would have to (unless default shall be made by Archipelago in and therefore PCX, would not be subject call shares of Archipelago stock representing 20,000 providing funds for the payment of the call price), to undue influence from an OTP Holder votes from the second OTP Holder and additional shares which have been called as aforesaid shall be shares representing 5,000 votes from the first OTP cancelled, shall no longer be deemed to be or OTP Firm, or a group of OTP Holders Holder (for a total of 130,000 shares called from the outstanding, and all rights of the holder of such or OTP Firms that control a substantial first OTP Holder) such that upon completion of shares as a stockholder of Archipelago (except the number of outstanding votes entitled to these calls, each of these two OTP Holders owns right to receive from Archipelago the call price be cast on any matter that may be shares of Archipelago stock representing 170,000 against delivery to Archipelago of evidence of votes, or 20% of the new 850,000 votes entitled to ownership of such shares) shall cease. Upon adverse to PCX’s or the Commission’s be cast in total. surrender in accordance with said notice of regulatory oversight responsibilities. The proposed PCX Rule 3.4(d)(1) further provides evidence of ownership of the shares of Archipelago The proposed voting limitations, along that in the event Archipelago shall call shares of stock so called (properly assigned for transfer, if the with the related ownership limitation, Archipelago stock pursuant to the proposed PCX board of directors of Archipelago shall so require Rule 3.4(d)(1), notice of such call shall be given and the notice shall so state), such shares shall be would serve to protect the integrity of promptly by first-class mail, postage prepaid to the called by Archipelago at par value. PCX’s and the Commission’s regulatory holders of the shares of Archipelago stock to be so 55 Proposed PCX Rule 3.4(d)(2). For example, if, oversight responsibilities and would called (such holders shall include holders whose with respect to a particular proposal submitted to allow PCX to review the acquisition of ownership of Archipelago stock exceeded the 20% stockholder vote, 60% of the vote cast by ownership limitation solely as a result of the Archipelago stockholders (excluding the excess substantial voting power of Archipelago, reduction in the total number of outstanding votes shares) was in favor of the proposal and 40% of the and therefore PCX and PCXE, by any due to calls of shares of Archipelago stock from vote cast by Archipelago stockholders (excluding OTP Holder, OTP Firm and their related other stockholders), at such holders’ addresses as the excess shares) was against the proposal, persons. the same appears on the stock register of Archipelago would vote 60% of the excess shares Archipelago. Each such notice shall state: (a) The in favor of the proposal and 40% of the excess call date; (b) the number of shares to be called; (c) shares against the proposal. See Amendment No. 1. 53 Proposed PCX Rule 3.4(c). the aggregate call price; and (d) the place or places 56 Proposed PCX Rule 3.4(d)(3).

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applicable OTP Holder or OTP Firm Facility Services Agreement remains in PCX believes that, because Archipelago within five business days of learning of full force and effect.61 As described will own 100% of the ownership the failure to comply; (2) allow the previously in Item II.A.1, following interest in PCX, these proposed applicable OTP Holder, OTP Firm or completion of the Merger, ArcaEx will Archipelago bylaw provisions, in OTP Associate of such OTP Holder or remain the exclusive equities trading conjunction with voting and ownership OTP Firm fifteen calendar days to cure facility of PCX and PCXE, and the limitations currently in place, and the any such failure to comply; (3) in the Facility Services Agreement will remain ownership and voting limitations that event that the applicable OTP Holder, in full force and effect in its current will be imposed by the Proposed Rule OTP Firm or OTP Associate of such form. In order to ensure the continued Changes on OTP Holders, OTP Firms OTP Holder or OTP Firm does not cure force and effect of the ArcaEx and their related persons, will ensure such failure to comply within such Limitations in the event of any change that, regardless of whether ArcaEx fifteen calendar day cure period, in the relationship of PCX and PCXE to remains a facility of PCX and PCXE or schedule a hearing to occur within ArcaEx or the effectiveness of the whether the Facility Services Agreement thirty calendar days following the Facility Services Agreement, PCX remains in full force and effect, the expiration of such fifteen calendar day proposes to amend the bylaws of regulatory oversight responsibilities of cure period; and (4) render its decision Archipelago to provide that Archipelago PCX and PCXE will not be subject to as to the suspension of all trading rights will not take any action, and will not any undue influences from a PCX and privileges of the applicable OTP permit any of its subsidiaries, which member or a group of PCX members that Holder or OTP Firm no later than ten will include PCXH, PCX, PCXE and control a substantial number of calendar days following the date of such ArcaEx, to take any action, that will outstanding votes. hearing.57 cause (i) ArcaEx to cease to be a facility Finally, the proposed PCX rules of PCX and PCXE, or (ii) the Facility (ii) No Waiver by the Board of Directors provide that in the event any OTP Services Agreement to cease to be in full of Archipelago Holder or OTP Firm, either alone or force and effect, unless each of the The certificate of incorporation of with its related persons (including any provisions in the certificate of Archipelago currently contains related person that is an OTP Associate incorporation of Archipelago relating to provisions that allow the board of of such OTP Holder or OTP Firm), has the ArcaEx Limitations is amended directors of Archipelago to, subject to cast votes, in person or by proxy or pursuant to the terms thereof, the certain conditions,65 waive the voting through any voting agreement or other bylaws and applicable law, to provide and ownership limitations with respect arrangement, in excess of the Voting that such provisions shall remain in full to a specific Archipelago stockholder Limitation, Archipelago may bring suit force and effect whether or not ArcaEx and its related persons, provided that in a court of competent jurisdiction remains a facility of PCX and PCXE or neither the stockholder subject to such against such OTP Holder, OTP Firm or the Facility Services Agreement is in waiver nor any of its related persons is OTP Associates seeking enforcement of full force and effect.62 The foregoing an ETP Holder.66 These provisions the Voting Limitation.58 bylaw provisions may not be amended, reflect the heightened scrutiny with modified or repealed unless such c. Bylaws of Archipelago respect to ETP Holders and their related amendment, modification or repeal is (i) persons relative to other Archipelago (i) Duration of Certain Bylaw Provisions filed with and approved by the stockholders due to the fact that ETP 63 With respect to the ownership and Commission or (ii) approved by Holders are members of the Exchange voting limitations in the certificate of Archipelago stockholders voting not less incorporation of Archipelago that apply than 80% of the then outstanding votes of a majority of the shares present in person or specifically to ETP Holders and their entitled to be cast in favor of any such represented by proxy at a stockholders’ meeting and amendment, modification or repeal.64 entitled to vote on such bylaw amendment, unless related persons (as opposed to specified otherwise in the corporation’s certificate stockholders of Archipelago in general) of incorporation or bylaws. Del. Code Ann. tit. 8 transaction on an exchange (including, among other sec. 216(2) (1998). and certain other provisions of the things, any system of communication to or from the certificate of incorporation of 65 Before adopting any waiver with respect to (i) exchange, by ticker or otherwise, maintained by or the exercise of any voting rights in excess of the Archipelago (such provisions, with the consent of the exchange), and any right of voting limitation set forth in the certificate of collectively, the ‘‘ArcaEx the exchange to the use of any property or service. incorporation of Archipelago, (ii) the entering into Limitations’’),59 the certificate of 15 U.S.C. 78c(a)(2). of any agreement, plan or other arrangement in 61 The Exchange clarified that the provisions incorporation of Archipelago provides violation of the non-voting agreement prohibition discussed in this section, the ArcaEx Limitations, set forth in the certificate of incorporation of that such provisions shall remain include both the ownership and voting limitations Archipelago, or (iii) the ownership of Archipelago applicable for so long as ArcaEx remains and other provisions. See August 12, 2005 stock in excess of the concentration limitation set a facility (as defined in Section 3(a)(2) Telephone Conversation. forth in the certificate of incorporation of 62 of the Act) 60 of PCX and PCXE and the Amended Bylaws of Archipelago, Section Archipelago, the board of directors of Archipelago 6.8(c). has to determine that: (x) the undertaking of any of 63 The current Bylaws of Archipelago provide that the actions described in (i), (ii) or (iii) above by any 57 57 Proposed PCX Rule 13.2(a)(2)(E). before any amendment to the bylaws shall be person, either alone or with its related persons, will 58 Proposed PCX Rule 3.4(d)(4). effective, such amendment shall be submitted to the not impair any of Archipelago’s, PCX or PCXE’s 59 Certificate of Incorporation of Archipelago, Board of Directors of PCX and if such Board shall ability to discharge its responsibilities under the paragraphs (C)(3)(y), (D)(2), (D)(2)(a) and (H)(3) of determine that the same is required, under Section Act and the rules and regulations thereunder and Article FOURTH, the third paragraph of Article 19 of the Act and the rules promulgated thereunder, is otherwise in the best interests of Archipelago and EIGHTH, the penultimate paragraph of Article to be filed with, or filed with and approved by, the its stockholders; (y) the undertaking of any of the TENTH, Article THIRTEENTH, Article Commission before such amendment may be actions described in (i), (ii) or (iii) above by any FOURTEENTH, Article FIFTEENTH, Article effective under Section 19 of the Act and the rules person, either alone or with its related persons, will SIXTEENTH, Article SEVENTEENTH and Article promulgated thereunder, then such amendment not impair the Commission’s ability to enforce the NINETEENTH. shall not be effective until filed with, or filed with Act; and (z) neither such person nor any of its 60 Section 3(a)(2) defines the term ‘‘facility,’’ and approved by, the Commission, as the case may related persons is subject to any statutory when used with respect to an exchange, to include be. Amended Bylaws of Archipelago, Section 6.8(b). disqualification (as defined in Section 3(a)(39) of its premises, tangible or intangible property 64 Amended Bylaws of Archipelago Section the Act). Certificate of Incorporation of Archipelago, whether on the premises or not, any right to the use 6.8(g). Under Section 216 of the Delaware General Article FOURTH, paragraphs C(3) and D(1)(b). of such premises or property or any service thereof Corporation Law, a bylaw amendment by 66 Certificate of Incorporation of Archipelago, for the purpose of effecting or reporting a shareholders generally requires the affirmative vote Article FOURTH, paragraph C(3).

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and present more of a concern for undue and PCXE of Archipelago’s books and officer or employee, in the case of any influence than other stockholders of records, requires that Archipelago take such director, officer or employee by Archipelago. In connection with the reasonable steps necessary to cause its virtue of his acceptance of any such Merger and the expansion of the voting agents to cooperate with PCX and PCXE position, shall be deemed to waive, and and ownership limitations to OTP in connection with certain of such agree not to assert by way of motion, as Holders, OTP Firms and their related agents’ activities and requires that a defense or otherwise in any suit, persons through the new proposed PCX Archipelago cause its officers, directors action or proceeding, any claims that it rules described in Item 3.1(b), PCX and employees to consent to the or they are not personally subject to the proposes to amend the bylaws of applicability to them of certain jurisdiction of the Commission, that the Archipelago to provide that the board of provisions of Archipelago’s certificate of suit, action or proceeding is an directors of Archipelago will not adopt incorporation in connection with inconvenient forum or that the venue of any resolution waiving the Voting certain of such persons’ activities.71 the suit, action or proceeding is Limitation, the Nonvoting Agreement These provisions, however, apply only improper, or that the subject matter Prohibition and the ‘‘Concentration to the extent that such books and thereof may not be enforced in or by Limitation’’ (as such term is defined in records or activities, as the case may be, such courts or agency.72 The foregoing the certificate of incorporation of relate to ArcaEx. As described proposed bylaw provisions may not be Archipelago) 67 with respect to any OTP previously in Item II.A.1, following amended, modified or repealed unless Holder, OTP Firm or any of their related completion of the Merger, PCX and such amendment, modification or repeal persons.68 The foregoing bylaw PCXE will become wholly-owned is (i) filed with and approved by the provisions may not be amended, subsidiaries of Archipelago. In order to Commission or (ii) approved by modified or repealed unless such ensure that these provisions apply also Archipelago stockholders voting not less amendment, modification or repeal is to the operations of PCX and PCXE, PCX than 80% of the then outstanding votes filed and approved by the Commission proposes to amend the bylaws of entitled to be cast in favor of any such or approved by Archipelago Archipelago to provide that, in addition amendment, modification or repeal.73 stockholders voting not less than 80% of to the current requirements of the PCX believes that, because Archipelago the then outstanding votes entitled to be certificate of incorporation of will own 100% of the ownership cast in favor of any such amendment, Archipelago, (i) Archipelago’s books interest in PCX (and, through PCX, in modification, or repeal.69 These and records shall be subject at all times PCXE as well), these proposed proposed bylaw provisions, in to inspection and copying by PCX and Archipelago bylaw provisions will conjunction with the ownership and PCXE to the extent such books and ensure that the regulatory oversight voting limitations that would be records are related to the operation and responsibilities of PCX and PCXE will imposed by the Proposed Rule Changes administration of PCX or PCXE, (ii) also extend to such books and records, on OTP Holders, OTP Firms and their Archipelago shall take reasonable steps agents, officers, directors and employees related persons, are designed to apply a necessary to cause its agents to of Archipelago as may relate to, or be comparable level of scrutiny that has cooperate with PCX and PCXE pursuant involved in, the operations of PCX and been in place for ETP Holders and their to their regulatory authority with PCXE (as well as ArcaEx). respect to such agents’ activities related related persons to OTP Holders, OTP (iv) Calling of Shares by Archipelago Firms and their related persons after to PCX or PCXE, (iii) Archipelago shall completion of the Merger. By take reasonable steps necessary to cause The certificate of incorporation of proscribing any discretion by the board its officers, directors and employees Archipelago also contains provisions of directors of Archipelago with respect prior to accepting a position as an that govern the process that Archipelago to granting waivers of the ownership officer, director or employee, as will follow in order to call shares from and voting limitations to the OTP applicable, of the Corporation to certain of its stockholders in the event Holders and OTP Firms 70 and their consent in writing to the applicability to of breaches of certain ownership 74 related persons, the proposed bylaw them of certain specified provisions of limitations. The proposed Archipelago provisions further ensure that these the certificate of incorporation of bylaw amendment clarifies that, in limitations will be strictly enforced to Archipelago with respect to their order to effect the purposes of these fulfill their intended purpose of activities related to PCX or PCXE, and provisions of Archipelago’s certificate of protecting the integrity of the regulatory (iv) Archipelago, its directors and incorporation, Archipelago recognizes oversight of PCX and the Commission. officers, and those of its employees that the call must be undertaken and whose principal place of business and completed promptly. To that end, under (iii) Extension of Certain Provisions residence is outside the United States the proposed bylaw amendment, the Related to ArcaEx shall be deemed to irrevocably submit to Board of Directors of Archipelago will Among other things, the certificate of the exclusive jurisdiction of the United cause Archipelago to call promptly incorporation of Archipelago provides States federal courts, the Commission shares of stock of Archipelago and also for the inspection and copying by PCX and PCX for the purposes of any suit, to give notice of such call promptly.75 action or proceeding pursuant to the The foregoing proposed bylaw 67 The ‘‘Concentration Limitation,’’ as defined in United States federal securities laws, provisions may not be amended, the certificate of incorporation of Archipelago, and the rules and regulations modified or repealed unless such provides that no person, either alone or with its thereunder, arising out of, or relating to, amendment, modification or repeal is (i) related persons, shall be permitted at any time to own beneficially shares of Archipelago stock the activities of PCX or PCXE, and filed with and approved by the representing in the aggregate more than 40% of the Archipelago and each such director, then outstanding votes entitled to be cast on any 72 Amended Bylaws of Archipelago, Section matter. Certificate of Incorporation of Archipelago, 71 Certificate of Incorporation of Archipelago, 6.8(e). Article FOURTH, Paragraph D(1). Article THIRTEENTH, Article FOURTEENTH, 73 Amended Bylaws of Archipelago, Section 68 Amended Bylaws of Archipelago, Section Article SEVENTEENTH and Article EIGHTEENTH. 6.8(g). 6.8(d.). See Amendment No. 1. The Exchange clarified that Article THIRTEENTH 74 Certificate of Incorporation of Archipelago, 69 Amended Bylaws of Archipelago, Section of the Certificate of Archipelago should be included Article FOURTH, paragraph F. 6.8(g). in the preceding list. See August 12, 2005 75 Amended Bylaws of Archipelago, Section 70 See Amendment No. 1. Telephone Conversation. 6.8(f).

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Commission or (ii) approved by on its behalf, shares of Archipelago a director of TAL Financial Services, Archipelago stockholders voting not less stock owned by such OTP Holder, OTP LLC following the closing of the than 80% of the then outstanding votes Firm or OTP Associate in favor of the Archipelago’s acquisition of PCXH entitled to be cast in favor of any such amendments to the certificate of notwithstanding the terms of the amendment, modification or repeal.76 incorporation of Archipelago described certificate of incorporation of PCXH, as in (x) above.77 d. Undertakings by Archipelago proposed to be amended as described in In addition, Archipelago undertakes this filing. In connection with the submission of to take reasonable steps necessary to (ii) In order to abide by the terms of the Proposed Rule Changes, Archipelago cause Archipelago’s directors and the certificate of incorporation of PCXH, undertakes that, prior to the earlier of officers and those Archipelago as proposed to be amended as described (1) the 2006 annual general meeting of employees whose principal place of in this filing, each of Kevin J.P. O’Hara, Archipelago stockholders and (2) the business and residence is outside the Chief Administrative Officer and first meeting of Archipelago United States prior to accepting a General Counsel of Archipelago, and stockholders to occur after the closing of position as an officer, director or Paul Adcock, Managing Director, the Merger (other than any meeting or employee, as applicable, of Archipelago Trading, of Archipelago, shall resign meetings of Archipelago stockholders to consent in writing to the applicability from the board of directors of White Cap convened for the purpose of considering to them of the proposed Section Trading LLC prior to the effective time and approving the merger of 6.8(e)(iv) of the proposed Archipelago of the Merger. Archipelago and New York Stock bylaw amendment. Furthermore, Exchange, Inc.), the board of directors of Archipelago undertakes that it will take 2. Basis Archipelago shall: (a) Propose reasonable steps necessary to cause The Exchange believes that this filing amendments to the certificate of Archipelago’s current directors and is consistent with Section 6(b) 79 of the incorporation of Archipelago to (x) officers and those current Archipelago Act, in general, and furthers the extend the application of voting and employees whose principal place of objectives of Section 6(b)(1),80 in ownership limitations imposed on ETP business and residence is outside the Holders currently contained in the United States to consent in writing prior particular, in that it enables the certificate of incorporation of to the consummation of the Merger to Exchange to be so organized so as to Archipelago to OTP Holders and OTP the applicability to them of Section have the capacity to be able to carry out Firms, (y) delete the phrase ‘‘[f]or so 6.8(e)(iv) of the proposed Archipelago the purposes of the Act and to comply, long as ArcaEx remains a Facility of bylaw amendment. and (subject to any rule or order of the Commission pursuant to Section 17(d) PCX and PCX Equities and the FSA 78 remains in full force and effect’’ from e. Certain Additional Matters or 19(g)(2) of the Act) to enforce each paragraph that contains such (i) The Exchange is also requesting the compliance by its exchange members language, which paragraphs shall Commission’s approval for the and persons associated with its include paragraphs (C)(3)(y), (D)(2), following temporary exceptions for the exchange members, with the provisions (D)(2)(a) and (H)(3) of Article FOURTH, following persons, each of whom would of the Act, the rules and regulations the third paragraph of Article EIGHTH, be subject to and exceed the voting and thereunder, and the rules of the the penultimate paragraph of Article ownership limitations imposed by Exchange. The Exchange also believes TENTH, Article THIRTEENTH, Article Article Nine of the certificate of that this filing furthers the objectives of FOURTEENTH, Article FIFTEENTH, incorporation of PCXH (as proposed to Section 6(b)(5),81 in particular, because Article SIXTEENTH, Article be amended as described in this filing) the rules summarized herein would SEVENTEENTH and Article as of the date of the closing of the create a governance and regulatory NINETEENTH, and (z) incorporate into Merger, so that such persons be structure with respect to the operation Articles THIRTEENTH, FOURTEENTH, permitted to exceed such limitations of the options business of PCX that is SEVENTEENTH AND EIGHTEENTH, as imposed by Article Nine to the designed to help prevent fraudulent and appropriate, the requirements set forth following extent and for the following manipulative acts and practices; to in Section 6.8(e) of the proposed time periods: promote just and equitable principals of Archipelago bylaw amendment; (b) (x) Archipelago may, until December trade; to foster cooperation and declare the advisability of such 31, 2005, continue to own all of its coordination with persons engaged in amendments; and (c) direct such ownership interest in Wave Securities, regulating, clearing, settling, processing amendments be submitted for L.L.C., a broker-dealer and wholly- information with respect to, and stockholder approval at the earlier of (1) owned subsidiary of Archipelago, facilitating transactions in securities; the 2006 annual meeting of Archipelago following the closing of its acquisition and to remove impediments to and stockholders and (2) the first meeting of of PCXH notwithstanding the terms of perfect the mechanism of a free and Archipelago stockholders to occur after the certificate of incorporation of PCXH, open market and a national market the closing of the Merger (other than any as proposed to be amended as described system, and, in general, to protect meeting or meetings of Archipelago in this filing. investors and the public interest. (y) Gerald D. Putnam, Chairman and stockholders convened for the purpose B. Self-Regulatory Organization’s Chief Executive Officer of Archipelago, of considering and approving the merger Statement on Burden on Competition of Archipelago and New York Stock may, until December 31, 2005, continue Exchange, Inc.). The Ownership and to own in excess of 5% of Terra Nova The Exchange does not believe that Voting Agreement will provide that any Trading, L.L.C. and continue to serve as the proposed rule change will impose OTP Holder, OTP Firm or OTP any burden on competition that is not Associate that is subject to the 77 Proposed PCX Rule 3.4(c)(3). necessary or appropriate in furtherance Ownership and Voting Agreement shall PCX clarified that the Ownership and Voting of the purposes of the Act. Agreement also would apply to OTP Associates, vote, or authorize Archipelago to vote and that such agreement would only require a vote in favor of the amendments described in (x) above. 79 15 U.S.C. 78f(b). 76 Amended Bylaws of Archipelago, Section See August 4, 2005 Telephone Conversation. 80 15 U.S.C. 78f(b)(1). 6.8(g). 78 See Amendment No. 1. 81 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s • Send an e-mail to rule- 94404, a Federal Licensee under the Statement on Comments on the [email protected]. Please include File Small Business Investment Act of 1958, Proposed Rule Change Received From Number SR–PCX–2005–90 on the as amended (‘‘the Act’’), in connection Members, Participants, or Others subject line. with the financing of a small concern, has sought an exemption under Section Written comments on the proposed Paper Comments 312 of the Act and Section 107.730, rule change were neither solicited nor • Send paper comments in triplicate received. Financings which Constitute Conflicts to Jonathan G. Katz, Secretary, of Interest of the Small Business III. Date of Effectiveness of the Securities and Exchange Commission, Administration (‘‘SBA’’) Rules and Proposed Rule Change and Timing for Station Place, 100 F Street, NE., Regulations (13 CFR 107.730). Telesoft Commission Action Washington, DC 20549–9303. Partners II SBIC, L.P. proposes to All submissions should refer to File provide equity/debt security financing Within 35 days of the date of Number SR–PCX–2005–90. This file publication of this notice in the Federal to CreekPath Systems, Inc. The number should be included on the financing is contemplated for working Register or within such longer period subject line if e-mail is used. To help the (1) as the Commission may designate up capital and general corporate purposes. Commission process and review your The financing is brought within the to 90 days of such date if it finds such comments more efficiently, please use longer period to be appropriate and purview of § 107.730(a)(1) of the only one method. The Commission will Regulations because Telesoft Partners II publishes its reasons for so finding or post all comments on the Commission’s (2) as to which the Exchange consents, QP, L.P., Telesoft Partners II, L.P. and Internet Web site (http://www.sec.gov/ Telesoft NP Employee Fund, LLC, all the Commission will: rules/sro.shtml). Copies of the (A) By order approve such proposed Associates of Telesoft Partners II SBIC, submission, all subsequent L.P., own more than ten percent of rule change, or amendments, all written statements (B) Institute proceedings to determine CreekPath Systems, Inc. with respect to the proposed rule Notice is hereby given that any whether the proposed rule change change that are filed with the should be disapproved. interested person may submit written Commission, and all written comments on the transaction to the The board of directors of PCXH and communications relating to the the board of directors of PCX approved Associate Administrator for Investment, proposed rule change between the U.S. Small Business Administration, the proposed amendment to the Commission and any person, other than certificate of incorporation of PCXH at 409 Third Street, SW., Washington, DC those that may be withheld from the 20416. their respective meetings on June 1, public in accordance with the 2005. The board of directors of PCX provisions of 5 U.S.C. 552, will be Jaime Guzman-Fournier, approved this filing, including the available for inspection and copying in Associate Administrator for Investment. Proposed Rule Changes contained the Commission’s Public Reference [FR Doc. 05–16350 Filed 8–17–05; 8:45 am] therein, at its meeting on August 2, Room. Copies of such filing also will be BILLING CODE 8025–01–P 2005. The board of directors of available for inspection and copying at Archipelago approved the proposed the principal office of PCX. All amendment to the bylaws of comments received will be posted SMALL BUSINESS ADMINISTRATION Archipelago at its meeting on July 18, without change; the Commission does [Disaster Declaration # 10142] 2005. In addition, PCXH will be not edit personal identifying submitting the Amended Merger information from submissions. You Mississippi Disaster Number MS– Agreement to its stockholders for should submit only information that 00002 approval. This vote is expected to occur you wish to make available publicly. All at a special meeting of PCXH submissions should refer to File AGENCY: Small Business Administration. stockholders in September 2005. To the Number SR–PCX–2005–90 and should ACTION: Amendment 1. extent necessary, the Exchange hereby be submitted on or before September 8, SUMMARY: consents to an extension of the time 2005. This is an amendment of the period specified in Section 19(b)(2) of Presidential declaration of a major For the Commission, by the Division of the Act until at least 35 days after the disaster for Public Assistance Only for Market Regulation, pursuant to delegated the State of Mississippi (FEMA–1594– Exchange has filed an appropriate authority.83 amendment to this filing setting forth DR), dated 07/10/2005. Margaret H. McFarland, Incident: Hurricane Dennis. the completion of all such necessary Deputy Secretary. corporate actions.82 Incident Period: 07/10/2005 through [FR Doc. E5–4510 Filed 8–17–05; 8:45 am] 07/15/2005. IV. Solicitation of Comments BILLING CODE 8010–01–P Effective Date: 07/15/2005. Interested persons are invited to Physical Loan Application Deadline submit written data, views, and Date: 09/08/2005. arguments concerning the foregoing, SMALL BUSINESS ADMINISTRATION ADDRESSES: Submit completed loan including whether the proposed rule applications to: Small Business Telesoft Partners II SBIC, L.P., License change, as amended, is consistent with Administration, Disaster Area Office 3, No. 09/79–0432; Notice Seeking the Act. Comments may be submitted by 14925 Kingsport Road, Fort Worth, TX Exemption Under Section 312 of the any of the following methods: 76155. Small Business Investment Act, FOR FURTHER INFORMATION CONTACT: A. Electronic Comments Conflicts of Interest Escobar, Office of Disaster Assistance, • Use the Commission’s Internet Notice is hereby given that Telesoft U.S. Small Business Administration, comment form (http://www.sec.gov/ Partners II SBIC, L.P., 1450 Fashion 409 3rd Street, Suite 6050, Washington, rules/sro.shtml); or Island Blvd., Suite 610, San Mateo, CA DC 20416. SUPPLEMENTARY INFORMATION: The notice 82 See Amendment No. 1. 83 17 CFR 200.30–3(a)(12). of the President’s major disaster

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declaration for Private Non-Profit 2006, and at the Kimbell Art Museum, FOR FURTHER INFORMATION CONTACT: For organizations in the State of Mississippi, Fort Worth, Texas, from on or about further information, including a list of dated 07/10/2005, is hereby amended to August 26, 2006 to on or about the exhibit objects, contact Julianne establish the incident period for this December 31, 2006, and at possible Simpson, Attorney-Adviser, Office of disaster as beginning 07/10/2005 and additional venues yet to be determined, the Legal Adviser, U.S. Department of continuing through 07/15/2005. is in the national interest. Notice of State, (telephone: 202/453–8049). The All other information in the original these Determinations is ordered to be address is U.S. Department of State, SA– declaration remains unchanged. published in the Federal Register. 44, 301 4th Street, SW., Room 700, (Catalog of Federal Domestic Assistance FOR FURTHER INFORMATION CONTACT: For Washington, DC 20547–0001. Number 59008) further information, including a list of C. Miller Crouch, Herbert L. Mitchell, the exhibit objects, contact Wolodymyr Principal Deputy Assistant Secretary for Associate Administrator for Disaster R. Sulzynsky, the Office of the Legal Educational and Cultural Affairs, Department Assistance. Adviser, Department of State, of State. [FR Doc. 05–16349 Filed 8–17–05; 8:45 am] (telephone: 202/453–8050). The address [FR Doc. 05–16400 Filed 8–17–05; 8:45 am] BILLING CODE 8025–01–P is Department of State, SA–44, 301 4th BILLING CODE 4710–08–P Street, SW., Room 700, Washington, DC 20547–0001. DEPARTMENT OF STATE Dated: August 11, 2005. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Public Notice 5158] C. Miller Crouch, Principal Deputy Assistant Secretary for Andean Trade Preference Act (ATPA); Culturally Significant Objects Imported Educational and Cultural Affairs, Department Notice Regarding the 2005 Annual for Exhibition Determinations: of State. Review ‘‘Hatshepsut: From Queen to Pharaoh’’ [FR Doc. 05–16399 Filed 8–17–05; 8:45 am] BILLING CODE 4710–08–P AGENCY: Office of the United States ACTION: Notice, correction. Trade Representative ACTION: Notice. SUMMARY: On June 20, 2005, notice was DEPARTMENT OF STATE published on page 35493 of the Federal SUMMARY: This notice announces the Register (volume 70, number 117) of [Public Notice 5157] 2005 Annual Review of the Andean determinations made by the Department Trade Preference Act (ATPA). The of State pertaining to the exhibit, Culturally Significant Objects Imported deadline for the submission of petitions ‘‘Daughter of Re: Hatshepsut, King of for Exhibition—Determinations: ‘‘Pieter for the 2005 Annual ATPA Review is Egypt.’’ The referenced notice is Claesz: Master of Haarlem Still Life’’ September 19, 2005. USTR will publish corrected to reflect that the title of the a list of petitions filed in response to exhibition, formerly titled, ‘‘Daughter of AGENCY: Department of State. this announcement in the Federal Re: Hatshepsut, King of Egypt,’’ has ACTION: Notice. Register. been changed to ‘‘Hatshepsut: From ADDRESSES: Submit petitions by Queen to Pharaoh.’’ The referenced SUMMARY: Notice is hereby given of the notice is also corrected as to an following determinations: Pursuant to electronic mail (e-mail) to additional object to be included in the the authority vested in me by the Act of [email protected]. exhibition. Pursuant to the authority October 19, 1965 (79 Stat. 985; 22 U.S.C. FOR FURTHER INFORMATION CONTACT: vested in me by the Act of October 19, 2459), Executive Order 12047 of March Bennett M. Harman, Deputy Assistant 1965 (79 Stat. 985; 22 U.S.C. 2459), 27, 1978, the Foreign Affairs Reform and U.S. Trade Representative for Latin Executive Order 12047 of March 27, Restructuring Act of 1998 (112 Stat. America, Office of the Americas, Office 1978, the Foreign Affairs Reform and 2681, et seq.; 22 U.S.C. 6501 note, et of the United States Trade Restructuring Act of 1998 (112 Stat. seq.), Delegation of Authority No. 234 of Representative, 600 17th St., NW., 2681, et seq.; 22 U.S.C. 6501 note, et October 1, 1999, Delegation of Authority Washington, DC 20508. The telephone seq.), Delegation of Authority No. 234 of No. 236 of October 19, 1999, as number is (202) 395–9446 and the October 1, 1999, Delegation of Authority amended, and Delegation of Authority facsimile number is (202) 395–9675. No. 236 of October 19, 1999, as No. 257 of April 15, 2003 [68 FR 19875], SUPPLEMENTARY INFORMATION: The ATPA amended, and Delegation of Authority I hereby determine that the objects to be (19 U.S.C. 3201–06), as renewed and No. 257 of April 15, 2003 [68 FR 19875], included in the exhibition ‘‘Pieter amended by the Andean Trade I determine that an additional object to Claesz: Master of Haarlem Still Life,’’ Promotion and Drug Eradication Act be included in the exhibition, imported from abroad for temporary (ATPDEA) in the Trade Act of 2002 ‘‘Hatshepsut: From Queen to Pharaoh,’’ exhibition within the United States, are (Pub. L. 107–210), provides for trade imported from abroad for temporary of cultural significance. The objects are benefits for eligible Andean countries. exhibition within the United States, is imported pursuant to loan agreements Consistent with Section 3103(d) of the of cultural significance. The additional with the foreign lenders. I also ATPDEA, USTR promulgated object is imported pursuant to a loan determine that the exhibition or display regulations (15 CFR part 2016) (68 FR agreement with the foreign owners. I of the exhibit objects at the National 43922) regarding the review of also determine that the exhibition or Gallery of Art, Washington, DC, from on eligibility of articles and countries for display of the exhibit object at the Fine or about September 18, 2005, to on or the benefits of the ATPA, as amended. Arts Museums of San Francisco, about December 31, 2005, and at The 2005 Annual ATPA Review is the California, from on or about October 15, possible additional venues yet to be third such review to be conducted 2005 to on or about February 5, 2006, determined, is in the national interest. pursuant to the ATPA review and at The Metropolitan Museum of Art, Public Notice of these Determinations is regulations. To qualify for the benefits New York, New York, from on or about ordered to be published in the Federal of the ATPA and ATPDEA, each country March 21, 2006 to on or about July 9, Register. must meet several eligibility criteria, as

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set forth in sections 203(c) and (d), and except for information granted and to modify the GSP status of certain section 204(b)(6)(B) of the ATPA, as ‘‘business confidential’’ status pursuant GSP beneficiary developing countries amended (19 U.S.C. 3202(c), (d); 19 to 15 CFR 2003.6. If the submission because of country practices. The list of U.S.C. 3203(b)(6)(B)), and as outlined in contains business confidential country practice petitions accepted for the Federal Register notice USTR information, a non-confidential version review will be announced in the published to request public comments of the submission must also be Federal Register at a later date. This regarding the designation of eligible submitted that indicates where notice announces the product petitions countries as ATPDEA beneficiary confidential information was redacted that are accepted for further review in countries (67 FR 53379). Under section by inserting asterisks where material the 2005 GSP Annual Review, and sets 203(e) of the ATPA, as amended (19 was deleted. In addition, the forth the schedule for comment and U.S.C. 3202(e)), the President may confidential submission must be clearly public hearing on these petitions, for withdraw or suspend the designation of marked ‘‘BUSINESS CONFIDENTIAL’’ requesting participation in the hearing, any country as an ATPA or ATPDEA in large, bold letters at the top and and for submitting pre-hearing and post- beneficiary country, and may also bottom of every page of the document. hearing briefs. withdraw, suspend, or limit preferential The public version that does not contain FOR FURTHER INFORMATION CONTACT: The treatment for any product of any such business confidential information must GSP Subcommittee of the Trade Policy beneficiary country, if the President be clearly marked either ‘‘PUBLIC Staff Committee, Office of the United determines that, as a result of changed VERSION’’ or ‘‘NON-CONFIDENTIAL’’ States Trade Representative, 1724 F circumstances, the country is not in large, bold letters at the top and Street, NW., Room F–220, Washington, meeting the eligibility criteria. bottom of every page. The file name of DC 20508. The telephone number is The ATPA regulations provide the any document containing business (202) 395–6971. schedule of dates for conducting an confidential information attached to an DATES: The GSP regulations (15 CFR annual review, unless otherwise e-mail transmission should begin with Part 2007) provide the schedule of dates specified by Federal Register notice. the characters ‘‘BC-’’, and the file name for conducting an annual review unless Notice is hereby given that, in order to of the public version should begin with otherwise specified in a Federal be considered in the 2005 Annual ATPA the characters ‘‘P-’’. The ‘‘P-’’ or ‘‘BC-’’ Register notice. The current revised Review, all petitions to withdraw or should be followed by the name of the schedule follows. Notification of any suspend the designation of a country as person or party submitting the petition. other changes will be given in the an ATPA or ATPDEA beneficiary Submissions by e-mail should not Federal Register. country, or to withdraw, suspend, or include separate cover letters or September 12, 2005: Due date for limit application of preferential messages in the message area of the e- requests to appear at the USTR Public treatment to any article of any ATPA mail; information that might appear in Hearing and submission of pre-hearing beneficiary country under the ATPA, or any cover letter should be included briefs. to any article of any ATPDEA directly in the submission. The e-mail September 12, 2005: Due date for beneficiary country under section address for submissions is providing the name, address, telephone, 204(b)(1), (3), or (4) (19 U.S.C. [email protected]. Public versions of fax, e-mail address and organization of 3202(b)(1), (3), (4)) of the ATPA, must all documents relating to this review witnesses. be received by the Andean will be available for review shortly after (September 29, 2005: U.S. Subcommittee of the Trade Policy Staff the due date by appointment in the International Trade Commission Committee no later than 5 p.m. EDT on USTR Public Reading Room, 1724 F (USITC) scheduled hearings on September 19, 2005. Petitioners should Street NW., Washington, DC. economic effect on U.S. industries.) consult 15 CFR 2016.0 regarding the Availability of documents may be September 30, 2005: USTR’s Public content of such petitions. ascertained, and appointments may be Hearing to be held at U.S. International E-mail submissions should be single made from 9:30 a.m. to noon and 1 p.m. Trade Commission, Main Hearing copy transmissions in English, and the to 4 p.m., Monday through Friday, by Room, 500 E Street, SW., Washington, total submission including attachments calling (202) 395–6186. DC 20436, beginning at 10 a.m. Hearing should not exceed 50 pages. will focus on all products. Submissions should use the following Carmen Suro-Bredie, October 21, 2005: Due date for subject line: ‘‘2005 Annual ATPA Chairman, Trade Policy Staff Committee. submission of post-hearing and rebuttal Review—Petition.’’ Documents must be [FR Doc. 05–16337 Filed 8–17–05; 8:45 am] briefs. submitted as either WordPerfect BILLING CODE 3190–W5–P November 2005: USITC scheduled to (‘‘.WPD’’), MSWord (‘‘.DOC’’), or text publish report on products of case nos. (‘‘.TXT’’) file. Documents should not be 2005–01, and 2005–09 through 2005–13. submitted as electronic image files or OFFICE OF THE UNITED STATES Comments on USITC report on these contain imbedded images (for example, TRADE REPRESENTATIVE products due 10 days after USITC date ‘‘.JPG’’, ‘‘PDF’’, ‘‘.BMP’’, or ‘‘GIF’’), as of publication. these type of files are generally Generalized System of Preferences February 2006: USITC will issue a excessively large. Supporting (GSP): Notice Regarding the 2005 second report on watch case nos. 2005– documentation submitted as Annual Review for Products 02 through 2005–08. Comments on this spreadsheets are acceptable as Quattro AGENCY: Office of the United States USITC report due 10 days after USITC Pro or Excel, pre-formatted for printing Trade Representative. date of publication. 1 on 8 ⁄2 x 11 inch paper. To the extent ACTION: Notice. June 30, 2006: Modifications to the possible, any data attachments to the list of articles eligible for duty-free submission should be included in the SUMMARY: The Office of the United treatment under the GSP resulting from same file as the submission itself, and States Trade Representative (USTR) the 2005 Annual Review will be not as separate files. received petitions in connection with announced on or about June 30, 2006, Petitions will be available for public the 2005 annual review to modify the in the Federal Register, and any inspection by appointment with the list of products that are eligible for duty- changes will take effect on the effective staff of the USTR Public Reading Room, free treatment under the GSP program date announced.

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SUPPLEMENTARY INFORMATION: The GSP should be single-copy transmissions in identifying information. The e-mail provides for the duty-free importation of English with the total submission not to address for these submissions is designated articles when imported from exceed 50 single-spaced standard letter- [email protected]. Documents not designated beneficiary developing size pages. E-mail submissions should submitted in accordance with these countries. The GSP is authorized by title use the following subject line: ‘‘2005 instructions might not be considered in V of the Trade Act of 1974 (19 U.S.C. GSP Annual Review’’ followed by the this review. If unable to provide 2461, et seq.), as amended (the ‘‘1974 Case Number and HTS subheading submissions by e-mail, please contact Act’’), and is implemented in number found in the Annex I (for the GSP Subcommittee to arrange for an accordance with Executive Order 11888 example, 2005–07 9102.19.40) and, as alternative method of transmission. of November 24, 1975, as modified by appropriate ‘‘Written Comments’’, Public versions of all documents subsequent Executive Orders and ‘‘Notice of Intent to Testify’’, ‘‘Pre- relating to this review will be available Presidential Proclamations. hearing brief’’, ‘‘Post-hearing brief’’ or for review approximately two weeks In a Federal Register notice dated ‘‘Comments on USITC Advice’’. (For after the relevant due date by May 9, 2005, USTR announced the example, an e-mail subject line might appointment in the USTR public deadline for the filing of product and read ‘‘2005–07 9102.19.40 Written reading room, 1724 F Street, NW., country practice petitions for the 2005 Comments’’.) Documents must be Washington, DC. Appointments may be GSP Annual Review to be June 15, 2005 submitted in English in one of the made from 9:30 a.m. to noon and 1 p.m. (70 FR 24460). The product petitions following formats: WordPerfect (.WPD), to 4 p.m., Monday through Friday, by received requested changes in the list of MSWord (.DOC), or text (.TXT) files. calling (202) 395–6186. eligible products by adding or by Documents may not be submitted as Notice of Public Hearing waiving the ‘‘competitive need electronic image files or contain limitations’’ (CNLs) for a country for an imbedded images (for example, ‘‘.JPG’’, A hearing will be held by the GSP eligible article. ‘‘.TIF’’, ‘‘.PDF’’, ‘‘.BMP’’, or ‘‘.GIF’’). Subcommittee of the TPSC on The interagency GSP Subcommittee of Supporting documentation submitted as September 30, 2005, beginning at 10 the Trade Policy Staff Committee spreadsheets are acceptable as Excel a.m. at the U.S. International Trade (TPSC) has reviewed the product files, formatted for printing on 81⁄2 x 11 Commission, Main Hearing Room, 500 E petitions, and the TPSC has decided to inch paper. To the extent possible, any Street, SW., Washington, DC 20436. The initiate a full review of the product data attachments to the submission hearing will be open to the public and petitions listed in Annex I. Annex I to should be included in the same file as a transcript of the hearing will be made this notice sets forth, for each type of the submission itself, and not as available for public inspection or can be change requested: the case number, the separate files. purchased from the reporting company. Harmonized Tariff Schedule of the If the submission contains business No electronic media coverage will be United States (HTS) subheading confidential information, a non- allowed. number, a brief description of the confidential version of the submission All interested parties wishing to make product (see the HTS for an must also be submitted that indicates an oral presentation at the hearing must authoritative description available on where confidential information was submit, following the above the U.S. International Trade redacted by inserting asterisks where ‘‘Requirements for Submissions’’, the Commission (USITC) Web site (http:// material was deleted. In addition, the name, address, telephone number, and www.usitc.gov/taffairs)), and the confidential submission must be clearly facsimile number and e-mail address, if petitioner for each petition included in marked ‘‘BUSINESS CONFIDENTIAL’’ available, of the witness(es) representing this review. Acceptance of a petition for at the top and bottom of each page of the their organization to Marideth Sandler, review does not indicate any opinion document. The non-confidential version the Executive Director of the GSP with respect to the disposition on the must also be clearly marked at the top Program by 5 p.m., September 12, 2005. merits of the petition. Acceptance and bottom of each page (either Requests to present oral testimony in indicates only that the listed petitions ‘‘PUBLIC VERSION’’ or ‘‘NON- connection with the public hearing have been found eligible for review by CONFIDENTIAL’’). Documents that are must be accompanied by a written brief the TPSC and that such review will take submitted without any marking might or statement, in English, and also must place. not be accepted or will be considered be received by 5 p.m., September 12, public documents. 2005. Oral testimony before the GSP Opportunities for Public Comment and For any document containing Subcommittee will be limited to five- Inspection of Comments business confidential information minute presentations that summarize or The GSP Subcommittee of the TPSC submitted as an electronic attached file supplement information contained in invites comments in support of or in to an e-mail transmission, the file name briefs or statements submitted for the opposition to any petition which is of the business confidential version record. Post-hearing briefs or statements included in this Annual Review (Annex should begin with the characters ‘‘BC-’’, will be accepted if they conform with I). Submissions should comply with 15 and the file name of the public version the regulations cited above and are CFR part 2007, except as modified should begin with the characters ‘‘P-’’. submitted, in English, by 5 p.m., below. All submissions should identify The ‘‘P-’’ or ‘‘BC-’’ should be followed October 21, 2005. Parties not wishing to the subject article(s) in terms of the case by the name of the party (government, appear at the public hearing may submit number and HTS subheading number as company, union, association, etc.) post-hearing written briefs or shown in Annex I. which is making the submission. statements, in English, by 5 p.m., E-mail submissions should not October 21, 2005. Requirements for Submissions include separate cover letters or In accordance with sections In order to facilitate prompt messages in the message area of the e- 503(a)(1)(A) and 503(e) of the 1974 Act processing of submissions, USTR mail; information that might appear in and the authority delegated by the strongly urges and prefers electronic e- any cover letter should be included President, pursuant to section 332(g) of mail submissions in response to this directly in the attached file containing the Tariff Act of 1930, the U.S. Trade notice. Hand-delivered submissions will the submission itself, including the Representative has requested that the not be accepted. These submissions sender’s e-mail address and other USITC provide its advice on the

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probable economic effect of the 503(d)(1) of the 1974 Act for the country Comments by interested persons on the following actions on U.S. industries specified; and (4) whether designation second USITC Report on Watch Case producing like or directly competitive of certain watches will cause material Nos. 2005–02 through 2005–08, also articles and on consumers, as injury to certain manufacturing and prepared as part of the product review, appropriate: (1) The elimination of U.S. assembly operations in the United should be submitted by 5 p.m., 10 days import duties for all beneficiary States or U.S. insular possessions. after date of its publication in February developing countries; (2) the restoration Comments by interested persons on 2006. of a country for eligibility for duty-free the USITC Report regarding Products of treatment under the GSP for such Case Nos. 2005–01, and 2005–09 Marideth Sandler, article; (3) whether any industry in the through 2005–13, prepared as part of the Executive Director, Generalized System of United States is likely to be adversely product review, should be submitted by Preferences (GSP) Program, Office of the U.S. affected by a waiver of the competitive 5 p.m., 10 days after the date of USITC Trade Representative. need limits specified in section publication of its report in November. BILLING CODE 3190–W5–P

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[FR Doc. 05–16405 Filed 8–17–05; 8:45 am] BILLING CODE 3190–W5–C

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DEPARTMENT OF TRANSPORTATION Seat bottom cushion changes must be safety to seated occupants. Seat evaluated to determine that compliance performance, including the restraint Federal Aviation Administration with § 25.562 is maintained when system, under dynamic conditions as [Policy Statement No. ANM–115–05–005] considering both the 14g downward test defined in § 25.562, is an important and the 16g longitudinal test specified consideration of this amendment. Policy Statement on Acceptance of a in the regulation. This policy addresses Replacing a restraint system on a seat Component Test Method To demonstrating compliance with the certified under § 25.562 requires new Demonstrate lumbar load criteria of § 25.562(c)(2) dynamic test(s) to be conduct using the that is determined in a 14g downward actual seat. These dynamic tests can be AGENCY: Federal Aviation test. costly and time-consuming. The FAA Administration (FAA), DOT. The final policy memorandum as well conducted research and found an ACTION: Notice of final policy. as the disposition of public comments acceptable new method of certifying received is available on the Internet at restraint systems using a rigid seat SUMMARY: The Federal Aviation the following address: http:// fixture instead of the actual seat during Administration (FAA) announces the www.airweb.faa.gov/rgl. If you do not dynamic tests. This method will availability of final policy on a have access to the Internet, you can significantly reduce the cost and time component method for demonstrating obtain a copy of the final policy associated with certifying replacement that a seat with a replacement bottom memorandum by contacting the person restraint systems. This policy cushion complies with § 25.562(c)(2). listed under FOR FURTHER INFORMATION memorandum presents this new means This policy addresses non-flotation CONTACT. of compliance. monolithic (single layer) cushions. Issued in Renton, Washington, on August The final policy as well as the DATES: This final policy was issued by 9, 2005. disposition of public comments the Transport Airplane Directorate on Ali Bahrami, received are available on the Internet at August 9, 2005. Manager, Transport Airplane Directorate, the following address: http:// FOR FURTHER INFORMATION CONTACT: Aircraft Certification Service. www.airweb.faa.gov/rgl. If you do not Michael T. Thompson, Federal Aviation [FR Doc. 05–16410 Filed 8–17–05; 8:45 am] have access to the Internet, you can Administration, Transport Airplane BILLING CODE 4910–13–M obtain a copy of the policy by contacting Directorate, Transport Standards Staff, the person listed under FOR FURTHER Standardization Branch, ANM–113, INFORMATION CONTACT. 1601 Lind Avenue, SW., Renton, WA DEPARTMENT OF TRANSPORTATION Issued in Renton, Washington, on August 98055–4056; telephone (425) 227–1157; 10, 2005. Federal Aviation Administration fax (425) 227–1232; e-mail; Ali Bahrami, [email protected]. [Policy Statement No. ANM–115–05–10] Manager, Transport Airplane Directorate, SUPPLEMENTARY INFORMATION: Aircraft Certification Service. Replacing Restraint Systems on [FR Doc. 05–16409 Filed 8–17–05; 8:45 am] Disposition of Comments Forward and Aft Facing Seats BILLING CODE 4910–13–M A notice of proposed policy; request AGENCY: Federal Aviation for comments, was published in the Administration (FAA), DOT. Federal Register on April 11, 2005 (70 ACTION: Notice of final policy. DEPARTMENT OF TRANSPORTATION FR 18453). Three commenters responded to the request for comments. SUMMARY: The Federal Aviation Pipeline and Hazardous Materials Administration (FAA) announces the Safety Administration Office of Background availability of final policy on Replacing Hazardous Materials Safety Historically, substantiating changes to Restraint Systems on Forward and Aft the bottom cushion of a seat certificated Facing Seats. Notice of Applications for Modification of Exemption to § 25.562 that could affect the lumbar DATES: The final policy was issued by load typically required a full-scale 14g the Transport Airplane Directorate on AGENCY: Pipeline and Hazardous downward dynamic test using the actual August 10, 2005. Materials Safety Administration, DOT. seat. Industry desired a quicker and less FOR FURTHER INFORMATION CONTACT: ACTION: List of applications for expensive method in lieu of full scale Mike Thompson, Federal Aviation modification of exemption. testing. As a result, the FAA funded a Administration, Transport Airplane research project to develop a component Directorate, Transport Standards Staff, SUMMARY: In accordance with the test methodology for demonstrating that Standardization Branch, ANM–113, procedures governing the application a replacement bottom cushion would 1601 Lind Avenue SW., Renton, WA for, and the processing of, exemptions not produce a higher lumbar load than 98055–4056; telephone (425) 227–1157; from the Department of Transportation’s a certificated bottom cushion for a seat fax (425) 227–1232; e-mail: Hazardous Material Regulations (49 CFR certificated to § 25.562. This research [email protected]. part 107, subpart B), notice is hereby resulted in an acceptable methodology SUPPLEMENTARY INFORMATION: given that the Office of Hazardous that is documented in DOT/FAA/AR– Materials Safety has received the 05/5,I ‘‘Development and Validation of Disposition of Comments application described herein. This an Aircraft Seat Cushion Component A notice of proposed policy was notice is abbreviated to expedite Test—Volume I,’’ dated March 2005. published in the Federal Register on docketing and public notice. Because This method provides a simplified April 11, 2005. Five (5) commenters the sections affected, modes of means of demonstrating compliance responded to the request for comments. transportation, and the nature of with § 25.562 and will streamline the application have been shown in earlier seat certification process by reducing Background Federal Register publications, they are the costs and time associated with seat The FAA has issued Amendment 25– not repeated here. Request of certification. 64 to provide an increased level of modifications of exemptions (e.g. to

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provide for additional hazardous Materials Safety Administration, U.S. This notice of receipt of applications materials, packaging design changes, Department of Transportation, for modification of exemption is additional mode of transportation, etc.) Washington, DC 20590. published in accordance with Part 107 are described in footnotes to the Comments should refer to the of the Federal hazardous materials application number. Application application number and be submitted in transportation law (49 U.S.C. 5117(b); numbers with the suffix ‘‘M’’ demote a triplicate. If Confirmation of receipt of 49 CFR 1.53(b)). modification request. There applications comments is desired, include a self- have been separated from the new addressed stamped postcard showing Issued in Washington, DC, on August 12, application for exemption to facilitate the exemption number. 2005. R. Ryan Posten, processing. FOR FURTHER INFORMATION CONTACT: DATES: Comments must be received on Copies of the applications are available Exemptions Program Officer, Office of or before September 2, 2005. for inspection in the Records Center, Hazardous Materials Exemptions & Address Comments To: Record Nassif Building, 400 7th Street SW., Approvals. Center, Pipeline and Hazardous Washington DC or at http://dms.dot.gov.

Application Regulation(s) af- Modification of No. Docket No. Applicant fected exemption Nature of exemption thereof

MODIFICATION EXEMPTIONS

4661–M ...... Chemtell Foote Cor- 49 CFR 180.205 ...... 4661 To modify the exemption to authorize an poration, Kings additional proper shipping name for a Di- Mountain, NC. vision 4.2 and Division 4.3 material transported in 4BA240 and 4BW240 cylinders. 10048–M ...... Epichem, Inc., Haver- 49 CFR 173.181; 10048 To modify the exemption to authorize the hill, MA. 173.187; 173.201, transportation of additional Division 6.1 202, 211, 212, 226, materials transported in a UN1A2 drum 227. inside a non-DOT specification metal container. 10695–M ...... 3M Company, St. 49 CFR 172.101; 10695 To modify the exemption to authorize a re- Paul, MN. 172.504; vision to the 3M Steri-Gas Cartridge Re- 172.505(a); turn Procedures containing a Division 2.3 173.323; 174.81; material transported in UN4G fiberboard 176.84; 177.848. boxes. 10798–M ...... Chemetall Foote Cor- 49 CFR 174.67(i),(j) 10798 To modify the exemption to authorize an poration, Kings additional proper shipping name for the Mountain, NC. Division 4.2 material transported in DOT Specification tank cars 10962– ...... ICC The Compliance 49 CFR Part 172, 10962 To modify the exemption to authorize the Center, Niagara Subparts E, F; Part use of an alternative specially designed Falls, NY. 177, Subpart C. combination packaging for the transportation of numerous hazardous materials by various modes. 11318–M ...... Akzo Mobel Chemi- 49 CFR 172.101 11318 To modify the exemption to authorize the cals, Inc., Chicago, Special Provision transportation of an additional Division IL. B14. 6.1 material in uninsulated DOT Speci- fication 51 portable tanks. 11670–M ...... Oilphase 49 CFR 178.36 ...... 11670 To modify the exemption to authorize the Schlumberger alternative use of a nickel-based precipi- Dyce, Aberdeen tation hardenable alloy for the non-DOT Scotland. specification cylinder used for oil well sampling. 11924–M ...... RSPA–97–2744 Wrangler Corpora- 49 CFR 11924 To modify the exemption to authorize an tion, Auburn, ME. 173.12(B)(2)(i). additional design type of the composite intermediate bulk container (IBC) and a change to the additional IBC drop test requirements. 12475–M ...... RSPA–00–7484 Chemetall Foote Cor- 49 CFR 173.181; 12475 To modify the exemption to authorize an poration, Kings 173.28(b)(2). additional proper shipping name for the Mountain, NC. Division 4.2 and Division 4.3 material transported in UN1A1 drums. 12630–M ...... RSPA–01–8550 Chemetall GmbH, 49 CFR 12630 To modify the exemption to authorize an Gesellschaft 59500 172.102(a)(2) and addiitional proper shipping name for the Douai, France. (c)(7)(ii). Division 4.2 material transported in DOT Specification IM 101 portable tanks. 13179–M ...... RSPA–02– Clean Harbors Envi- 49 CFR 173.21; 13179 To modify the exemption to authorize the 14020. ronmental Serv- 173.308. use of an alternative shipping description ices, Inc., Colum- and hazard class for the Division 2.1 ma- bia, SC. terials which are being transported to a disposal facility.

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[FR Doc. 05–16406 Filed 8–17–05; 8:45 am] part 107, subpart B), notice is hereby comments is desired, include a self- BILLING CODE 4909–60–M given that the Office of Hazardous addressed stamped postcard showing Materials Safety has received the the exemption number. application described herein. Each FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF TRANSPORTATION mode of transportation for which a Copies of the applications are available particular exemption is requested is for inspection in the Records Center, Pipeline and Hazardous Materials indicated by a number in the ‘‘Nature of Nassif Building, 400 7th Street SW., Safety Administration Application’’ portion of the table below Washington, DC or at http:// as follows: 1—Motor vehicle, 2—Rail Office of Hazardous Materials Safety; dms.dot.gov. freight, 3—Cargo vessel, 4—Cargo Notice of Application for Exemptions This notice of receipt of applications aircraft only, 5—Passenger-carrying for modification of exemption is AGENCY: Pipeline and Hazardous aircraft. published in accordance with part 107 Materials Safety Administration, DOT. DATES: Comments must be received on of the Federal hazardous materials ACTION: List of applications for or before September 19, 2005. transportation law (49 U.S.C. 5117(b); exemption Address Comments to: Record Center, 49 CFR 1.53(b)). Pipeline and Hazardous Materials Safety Issued in Washington, DC, on August 12, SUMMARY: In accordance with the Administration, U.S. Department of 2005. procedures governing the application Transportation, Washington, DC 20590. R. Ryan Posten, for, and the processing of, exemptions Comments should refer to the Exemptions Program Officer, Office of from the Department of Transportation’s application number and be submitted in Hazardous Materials Safety Exemptions & Hazardous Material Regulations (49 CFR triplicate. If Confirmation of receipt of Approvals.

Application No. Docket No. Applicant Regulation(s) affected Nature of exemption thereof

NEW EXEMPTION

14227–N ...... PHMSA–2005– Aluminum Tank Indus- 49 CFR 177.834(h), To authorize the manufacture, mark, sale, and use 2206 tries, Inc., Winter 178.799. of 50 gallon to 105 gallon refueling tanks con- Haven, FL. taining certain Class 3 liquids which will be dis- charged without removal from the motor vehicle. (mode 1) 14428–N ...... PHMSA–2005– Goodrich Corporation, 49 CFR 173.301(f)...... To authorize the transportation in commerce of cer- 2206 Colorado Springs, CO. tain DOT Specification 3A and 3AA cylinders containing compressed oxygen without a pressure relief device. (modes 1, 4, 5) 14229–N ...... PHMSA–2005– Senex Explosives, Inc., 49 CFR 17.835, 177.823, To authorize the transportation in commerce of cer- 2206 Cuddy, PA. and 177.848. tain 1.4 and 1.5 explosives with Class 3 and Divi- sion 5.1 materials without meeting certain segregation requirements. 14230–N ...... PHMSA–2005– Epichem, Inc., Haverhill, 49 CFR 173.302a ...... To authorize the one-time transportation in com- 2211 MA. merce of non-DOT specification cylinders containing Dichlorosilane to an ocean shipment con- solidation facility and/or port. (modes 1, 3)

[FR Doc. 05–16407 Filed 8–17–05; 8:45 am] Pennsylvania Avenue, NW., credit to the taxpayer’s social security BILLING CODE 4909–60–M Washington, DC 20220. account. Anejo H–PR is used to DATES: Written comments should be compute household employment taxes. received on or before September 19, Form 1040–SS and Form 1040–PR are DEPARTMENT OF THE TREASURY 2005, to be assured of consideration. also used by bona-fide residents of Puerto Rico to claim the additional Internal Revenue Service (IRS) Submission for OMB Review; child tax credit. Comment Request OMB Number: 1545–0090. Respondents: Business and other for- Form Number: IRS Form 1040–SS, profit, individuals or households and August 11, 2005. 1040–PR and Anejo H–PR. farms. The Department of Treasury has Type of Review: Extension. Estimated Total Burden Hours: submitted the following public Title: Form 1044–SS and 1040–PR is 2,762,588 hours. information collection requirement(s) to used by self-employed individuals to OMB Number: 1545–1398. OMB for review and clearance under the figure and report self-employment tax Paperwork Reduction Act of 1995, and is also used by bona-fide residents Form Number: IRS Form 9620. Public Law 104–13. Copies of the of Puerto Rico to claim the additional Type of Review: Extension. submission(s) may be obtained by child tax credit. Title: Race and National Origin calling the Treasury Bureau Clearance Description: Form 1040–SS (Virgin Identification. Officer listed. Comments regarding this Islands, Guam, American Samoa, and Description: Form 9620 is used to information collection should be the Northern Marina Islands) and 1040– collect race and national origin data on addressed to the OMB reviewer listed PR (Puerto Rico) are used by self- all IRS employees and new hires. The and to the Treasury Department employed individuals to figure and information is used to insure that Clearance Officer, Department of the report self-employment tax under IRC agency personnel practices meet the Treasury, Room 11000, 1750 chapter 2 of Subtitle A and provide requirements of Federal law.

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Respondents: Individuals or DEPARTMENT OF THE TREASURY Estimated Time Per Respondent: 3 hr., households and Federal government. 59 min. Estimated Total Burden Hours: 2,500. Internal Revenue Service Estimated Total Annual Burden Hours: 1,596,000. OMB Number: 1545–1798. Proposed Collection; Comment The following paragraph applies to all Form Number: IRS Form 8718. Request for Form 8850 of the collections of information covered Type of Review: Extension. AGENCY: Internal Revenue Service (IRS), by this notice: An agency may not conduct or Title: Use Fee for Exempt Treasury. sponsor, and a person is not required to Organization Determination Letter ACTION: Notice and request for respond to, a collection of information Request. comments. unless the collection of information Description: Form 8718 is used with SUMMARY: The Department of the displays a valid OMB control number. each application for a determination Treasury, as part of its continuing effort Books or records relating to a collection letter. This form provides filers the to reduce paperwork and respondent of information must be retained as long means to enclosed their payment and burden, invites the general public and as their contents may become material indicate the type of request they are other Federal agencies to take this in the administration of any internal making. opportunity to comment on proposed revenue law. Generally, tax returns and Respondents: Business or other for and/or continuing information tax return information are confidential, profit and not for profit institutions. collections, as required by the as required by 26 U.S.C. 6103. Estimated Total Burden Hours: Paperwork Reduction Act of 1995, Request for Comments: Comments 16,667. Public Law 104–13 (44 U.S.C. submitted in response to this notice will be summarized and/or included in the OMB Number: 1545–1937. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form request for OMB approval. All Type of Review: Extension. 8850, Pre-Screening Notice and comments will become a matter of Title: Notice 2005–41–Guidance Certification Request for the Work public record. Comments are invited on: Regarding Qualified Intellectual Opportunity and Welfare-to-Work (a) Whether the collection of Property Contributions. Credits. information is necessary for the proper Description: Section 170 provides that DATES: Written comments should be performance of the functions of the a taxpayer’s initial charitable received on or before October 17, 2005 agency, including whether the contribution deduction for a to be assured of consideration. information shall have practical utility; (b) the accuracy of the agency’s estimate contribution of intellectual property is ADDRESSES: Direct all written comments of the burden of the collection of limited to the lesser of the fair market to Glenn Kirkland, Internal Revenue information; (c) ways to enhance the value of property or the taxpayer’s Service, Room 6516, 1111 Constitution quality, utility, and clarity of the adjusted basis of the property. Avenue NW., Washington, DC 20224. information to be collected; (d) ways to Respondents: Business or other for FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of profit. Requests for additional information or information on respondents, including Estimated Total Burden Hours: 30. copies of the form and instructions through the use of automated collection OMB Number: 1545–1940. should be directed to Allan Hopkins, at techniques or other forms of information (202) 622–6665, or at Internal Revenue Type of Review: Extension. technology; and (e) estimates of capital Service, Room 6516, 1111 Constitution or start-up costs and costs of operation, Title: RP–101177–05 Revenue Avenue NW., Washington, DC 20224, or maintenance, and purchase of services Procedure Regarding Extended Period of through the Internet, at to provide information. Limitations for Listed Transaction [email protected]. Situations. Approved: August 10, 2005. SUPPLEMENTARY INFORMATION: Glenn Kirkland, Description: The revenue procedures Title: Pre-Screening Notice and IRS Reports Clearance Officer. provide procedures that taxpayers and Certification Request for the Work material advisors may use to disclose a Opportunity and Welfare-to-Work [FR Doc. E5–4504 Filed 8–17–05; 8:45 am] listed transaction that the taxpayer Credits. BILLING CODE 4830–01–P previously failed to disclose. OMB Number: 1545–1500. Respondents: Individuals or Form Number: 8850. DEPARTMENT OF THE TREASURY households and business or other for Abstract: Employers use Form 8850 as part of a written request to a state profit. Internal Revenue Service Estimated Total Burden Hours: 430. employment security agency to certify an employee as a member of a targeted Clearance Officer: Glenn P. Kirkland, Proposed Collection; Comment group for purposes of qualifying for the Request for Form 8898 (202) 622–3428, Internal Revenue work opportunity credit or the welfare- Service, Room 6516, 1111 Constitution to-work credit. The work opportunity AGENCY: Internal Revenue Service (IRS), Avenue, NW., Washington, DC 20224. credit and the welfare-to-work credit Treasury. OMB Reviewer: Alexander T. Hunt, cover individuals who began work for ACTION: Notice and request for (202) 395–7316, Office of Management the employer before July 1, 1999. comments. and Budget, Room 10235, New Current Actions: There are no changes Executive Office Building, Washington, being made to Form 8850 at this time. SUMMARY: The Department of the DC 20503. Type of Review: Extension of a Treasury, as part of its continuing effort currently approved collection. to reduce paperwork and respondent Michael A. Robinson, Affected Public: Businesses or other burden, invites the general public and Treasury PRA Clearance Officer. for-profit organizations. other Federal agencies to take this [FR Doc. 05–16378 Filed 8–17–05; 8:45 am] Estimated Number of Respondents: opportunity to comment on proposed BILLING CODE 4830–01–P 400,000. and/or continuing information

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collections, as required by the be summarized and/or included in the DEPARTMENT OF VETERANS Paperwork Reduction Act of 1995, request for OMB approval. All AFFAIRS Public Law 104–13 (44 U.S.C. comments will become a matter of 3506(c)(2)(A)). Currently, the IRS is public record. Comments are invited on: Advisory Committee on Chiropractic soliciting comments concerning Form (a) Whether the collection of Care Implementation; Notice of 8898, Statement for Individuals Who information is necessary for the proper Meeting Begin or End Bona Fide Residence in a performance of the functions of the U.S. Possession. agency, including whether the The Department of Veterans Affairs DATES: Written comments should be information shall have practical utility; (VA) gives notice under Public Law 92– received on or before October 17, 2005, (b) the accuracy of the agency’s estimate 463 (Federal Advisory Committee Act) to be assured of consideration. of the burden of the collection of that the Advisory Committee on ADDRESSES: Direct all written comments information; (c) ways to enhance the Chiropractic Care Implementation will to Glenn Kirkland, Internal Revenue quality, utility, and clarity of the meet Tuesday, September 13, 2005, Service, room 6516, 1111 Constitution information to be collected; (d) ways to from 8:15 a.m. until 5:00 p.m. and Avenue, NW., Washington, DC 20224. minimize the burden of the collection of Wednesday, September 14, 2005 from FOR FURTHER INFORMATION CONTACT: information on respondents, including 8:15 a.m. until 3:30 p.m. in Room C–7A Requests for additional information or through the use of automated collection at 810 Vermont Avenue NW., copies of the form and instructions techniques or other forms of information Washington, DC 20420. The meeting is should be directed to Allan Hopkins, at technology; and (e) estimates of capital open to the public. (202) 622–6665, or at Internal Revenue or start-up costs and costs of operation, The purpose of the Committee is to Service, room 6516, 1111 Constitution maintenance, and purchase of services provide advice to the Secretary of Avenue, NW., Washington, DC 20224, to provide information. Veterans Affairs on the implementation or through the Internet, at Approved: August 11, 2005. and evaluation of the chiropractic care [email protected]. Glenn Kirkland, program. The Committee will focus on SUPPLEMENTARY INFORMATION: IRS Reports Clearance Officer. monitoring the nationwide program Title: Statement for Individuals Who [FR Doc. E5–4505 Filed 8–17–05; 8:45 am] implementation, reviewing and Begin or End Bona Fide Residence in a evaluating policy and program issues BILLING CODE 4830–01–P U.S. Possession. that affect implementation, OMB Number: 1545–XXXX. recommending actions to improve the Form Number: Form 8898. DEPARTMENT OF THE TREASURY chiropractic health program, assisting in Abstract: Form 8898 is required by long-range planning and development, new code section 937, which was added Office of Thrift Supervision and such other matters as the Secretary by the American Jobs Creation Act of determines to be appropriate. 2004. Under section 937, individuals On September 13, the Committee will must notify the IRS when they begin or [AC–05: OTS Nos. H–4234 and 05639] receive an update on the status of VA’s end bona fide residence in a U.S. American Bancorp of New Jersey and implementation of the chiropractic care possession. The purpose of the American Bank of New Jersey, program and briefings on related topics. information collection is to prevent Bloomfield, New Jersey; Approval of On September 14, the Committee will abusive tax avoidance. Conversion Application Current Actions: There are no changes discuss and develop a survey to collect information on implementation. being made to the form at this time. Notice is hereby given that on August Type of Review: This is a new Any member of the public wishing to 12, 2005, the Assistant Managing collection. attend the meeting is requested to Director, Examinations and Affected Public: Individuals or contact Ms. Sara McVicker, RN, MN, Supervision—Operations, Office of households. Designated Federal Officer, at (202) Thrift Supervision (‘‘OTS’’), or her Estimated Number of Respondents: 273–8559 not later than 12 noon, designee, acting pursuant to delegated 50,000. Eastern time, on Thursday, September 8, Estimated Time per Respondent: 7 hr., authority, approved the application of American Bank of New Jersey, 2005, in order to facilitate entry to the 47 min. building. Estimated Total Annual Burden Bloomfield, New Jersey, to convert to Hours: 389,000. the stock form of organization. Copies of Oral comments from the public will The following paragraph applies to all the application are available for not be accepted at the meeting. Any of the collections of information covered inspection by appointment (phone comments from interested parties on by this notice: number: 202–906–5922 or e-mail: issues related to chiropractic care may An agency may not conduct or [email protected]) at the be transmitted electronically to sponsor, and a person is not required to Public Reading Room, OTS, 1700 G [email protected] or mailed to: respond to, a collection of information Street, NW., Washington, DC 20552, and Chiropractic Advisory Committee, unless the collection of information OTS Northeast Regional Office, Medical Surgical Services (111), U.S. displays a valid OMB control number. Harborside Financial Center Plaza Five, Department of Veterans Affairs, 810 Books or records relating to a collection Suite 1600, Jersey City, New Jersey Vermont Avenue NW., Washington, DC of information must be retained as long 07311. 20420. as their contents may become material Dated: August 12, 2005. Dated: August 11, 2005. in the administration of any internal By the Office of Thrift Supervision. By Direction of the Secretary. revenue law. Generally, tax returns and Nadine Y. Washington, E. Philip Riggin tax return information are confidential, as required by 26 U.S.C. 6103. Corporate Secretary. Committee Management Officer. Request for Comments: Comments [FR Doc. 05–16343 Filed 8–17–05; 8:45 am] [FR Doc. 05–16344 Filed 8–17–05; 8:45 am] submitted in response to this notice will BILLING CODE 6720–01–M BILLING CODE 8320–01–M

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Reader Aids Federal Register Vol. 70, No. 159 Thursday, August 18, 2005

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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. 327...... 47147 Presidential Documents 3 CFR 381...... 47147 Executive orders and proclamations 741–6000 Proclamations: 391...... 48238 The United States Government Manual 741–6000 7916...... 46401 416...... 47147 7917...... 48473 Other Services 417...... 47147 Executive Orders: 590...... 48238 Electronic and on-line services (voice) 741–6020 13222 (See Notice of 592...... 48238 Privacy Act Compilation 741–6064 August 2, 2005) ...... 45273 Public Laws Update Service (numbers, dates, etc.) 741–6043 Administrative Orders: 10 CFR TTY for the deaf-and-hard-of-hearing 741–6086 Memorandums: 110...... 46066 Memorandum of July 170...... 46265 4, 2005 ...... 44041 ELECTRONIC RESEARCH 171...... 46265 Memorandums of July 1303...... 47079 World Wide Web 30, 2005 ...... 46741 Proposed Rules: Full text of the daily Federal Register, CFR and other publications Memorandum of 20...... 45571 is located at: http://www.gpoaccess.gov/nara/index.html August 5, 2005...... 46397 32...... 45571 Presidential 51...... 47148, 48329 Federal Register information and research tools, including Public Determination: 150...... 45571 Inspection List, indexes, and links to GPO Access are located at: No. 2005-31 of August http://www.archives.gov/federallregister/ 2, 2005 ...... 46395 12 CFR E-mail Notices: 11...... 46403 Notice of August 2, FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 25...... 44256 2005 ...... 45273 an open e-mail service that provides subscribers with a digital 201...... 48269 226...... 46066 form of the Federal Register Table of Contents. The digital form 5 CFR of the Federal Register Table of Contents includes HTML and 228...... 44256 213...... 44219 PDF links to the full text of each document. 229...... 47085 315...... 44219 335...... 44270 To join or leave, go to http://listserv.access.gpo.gov and select 337...... 44847 345...... 44256 Online mailing list archives, FEDREGTOC-L, Join or leave the list 370...... 47711 Proposed Rules: (or change settings); then follow the instructions. 576...... 46065 Ch. I ...... 46779 PENS (Public Law Electronic Notification Service) is an e-mail Proposed Rules: 4...... 45323 service that notifies subscribers of recently enacted laws. 591...... 44976 19...... 45323 1201...... 48081 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Ch. II ...... 46779 2634...... 47138 and select Join or leave the list (or change settings); then follow 263...... 45323 the instructions. 7 CFR 264a...... 45323 Ch. III ...... 46779 FEDREGTOC-L and PENS are mailing lists only. We cannot 1...... 47077 308...... 45323 respond to specific inquiries. 247...... 47052 330...... 45571 Reference questions. Send questions and comments about the 301 ...... 44222, 45523, 46065 336...... 45323 Federal Register system to: [email protected] 400...... 44222 363...... 44293 916...... 44243 The Federal Register staff cannot interpret specific documents or Ch. V...... 46779 917...... 44243 regulations. 507...... 45323 923...... 44249 509...... 45323 946...... 44252 FEDERAL REGISTER PAGES AND DATE, AUGUST 996...... 44043 13 CFR Proposed Rules: Ch. III...... 47002, 47049 44041–44218...... 1 82...... 44525 44219–44462...... 2 762...... 46779, 47730 14 CFR 44463–44846...... 3 920...... 48082 23...... 44463, 45275 44847–45272...... 4 1755...... 45314 36...... 45502 45273–45522...... 5 39 ...... 44046, 44273, 44274, 45523–46064...... 8 9 CFR 44276, 45526, 46067, 46069, 46065–46402...... 9 77...... 47078 46072, 46074, 46076, 46743, 46403–46740...... 10 78...... 47078 46747, 46752, 46754, 47086, 46741–47076...... 11 Proposed Rules: 47716, 47720, 47722 47077–47710...... 12 3...... 45322 61...... 45264 47711–48056...... 15 94...... 48494 71 ...... 44465, 45275, 45527, 101...... 48325 46078, 46754, 48057, 48238 48057–48268...... 16 116...... 48325 73...... 44466, 45528 48269–48472...... 17 304...... 47147 95...... 44278 48473–48632...... 18 308...... 47147 97...... 47090 310...... 47147 257...... 44848 320...... 47147 1260...... 46079

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Proposed Rules: 46758, 47108, 47109 Proposed Rules: 483...... 47759 25 ...... 46099, 46100, 46102, 54...... 47109 111...... 47754 46104, 46106, 46108, 46110, Proposed Rules: 242...... 46795 43 CFR 46112, 46113, 46115, 46785 1...... 44535, 47155 1011...... 44870 39...... 44512 39 ...... 44297, 45581, 45585, 41...... 47160 1260...... 47161 1820...... 45312 45587, 45590, 45592, 45595, 48...... 47160 37 CFR 44 CFR 46437, 43439, 46788, 46790, 145...... 47160 48084, 48085, 48333, 48336, 201...... 44049 64...... 48481 48339, 48500, 48502 27 CFR Proposed Rules: 67...... 47128, 47129 71 ...... 44300, 44533, 44868, Proposed Rules: 202...... 44878 Proposed Rules: 44869, 45599 9...... 47740 67...... 47166 93...... 45250 39 CFR 29 CFR 3001...... 48276 45 CFR 15 CFR 1601...... 47127, 47128 3002...... 48276 1611...... 45545 4...... 47725 3003...... 48276 4022...... 47725 46 CFR 738...... 45276 4044...... 47725 740...... 45276 40 CFR 501...... 44866 Proposed Rules: 745...... 45276 51...... 44470 502...... 44866 1910...... 44074 772...... 45276 52 ...... 44052, 44055, 44478, Proposed Rules: 774...... 45276 30 CFR 44481, 44852, 44855, 45539, 389...... 47771 801...... 48270 45542, 46090, 46770, 46772, 531...... 45626 5...... 46336 48073, 48078, 48277, 48280, 16 CFR 15...... 46336 48283, 48285, 48287 47 CFR 18...... 46336 Proposed Rules: 62...... 46773 2...... 46576 803...... 47733 19...... 46336 63...... 44285, 46684 25...... 46576 20...... 46336 81...... 44470, 48238 51...... 48290 17 CFR 22...... 46336 180 ...... 44483, 44488, 44492, 73 ...... 44513, 44514, 44515, 200...... 44722 23...... 46336 44857, 46410, 46419, 46428, 44516, 44517, 44518, 44519, 228...... 44722, 46080 27...... 46336 46706 44520, 46576, 48291, 48292, 229...... 44722, 46080 28...... 46336 258...... 44150 48293, 48294 230...... 44722 33...... 46336 260...... 45508 76...... 48295 239...... 44722 35...... 46336 261 ...... 44150, 44496, 45508 90...... 46576 240 ...... 44722, 46080, 46089 36...... 46336 264...... 44150, 45508 97...... 46576 242...... 45529 Proposed Rules: 265...... 45508 Proposed Rules: 243...... 44722 5...... 46345 268...... 44505, 45508 1...... 44537 249...... 44722 15...... 46345 270...... 45508 73 ...... 44537, 44542, 44543, 274...... 44722 18...... 46345 273...... 45508 48357, 48358, 48359, 48360, 19...... 46345 300...... 44063 48361, 48362 18 CFR 20...... 46345 Proposed Rules: 35...... 47093 22...... 46345 48 CFR Ch. I ...... 46444 23...... 46345 155...... 48356 52...... 46776 19 CFR 27...... 46345 26...... 46448 Proposed Rules: Proposed Rules: 28...... 46345 51...... 44154 204...... 46807 101...... 47151 33...... 46345 52 ...... 44075, 44537, 45607, 235...... 46807 351...... 47738 35...... 46345 46126, 46127, 46448, 46798, 246...... 44077 36...... 46345 20 CFR 47757, 48093, 48238 252...... 44077, 46807 60...... 45608 Proposed Rules: 31 CFR 49 CFR 404...... 46792, 48342 62...... 46798 537...... 48240 390...... 48008 416...... 46792 63 ...... 45608, 46452, 46701 392...... 48008 32 CFR 136...... 48256 21 CFR 180...... 45625 393...... 48008 706 ...... 46758, 46759, 46761, 179...... 48057 271...... 46799 541...... 46092 46762, 46763, 46765, 46766 300...... 44076, 45334 551...... 45565 510...... 48272 806b...... 46405 520...... 44048 420...... 46459 571 ...... 44520, 46431, 47131, Proposed Rules: 522...... 48272 48295, 48313 174...... 46116 42 CFR 524...... 44719 586...... 46431 175...... 46116 556...... 44048 405...... 47278 Proposed Rules: 176...... 46116 558...... 44049 409...... 45026 567...... 48507 581...... 44536 1240...... 48073 411...... 45026 571...... 46807, 48362 1301...... 47094 412...... 47278, 47880 584...... 48507 33 CFR 413...... 47278 22 CFR 100 ...... 44470, 45531, 46405, 415...... 47278 50 CFR Proposed Rules: 48475, 48477, 48479 418...... 45130 17 ...... 46304, 46366, 46924, 62...... 47152 117 ...... 44852, 45534, 45535, 419...... 47278 48482 45536, 48273 422...... 47278 18...... 48321 24 CFR 165 ...... 44470, 45531, 45537, 424...... 45026 100...... 46768 Proposed Rules: 46407, 48274 485...... 47278 229...... 44289 200...... 45492 Proposed Rules: 489...... 45026 622...... 48323 206...... 45498 100...... 47160, 48505 Proposed Rules: 635...... 48490 290...... 45492 110...... 45607 402...... 44879 648...... 44066, 44291 117 ...... 46441, 48088, 48091, 405...... 45764 660 ...... 44069, 44070, 44072, 25 CFR 48354 410...... 45764 47727 542...... 47097 411...... 45764 679 ...... 44523, 46097, 46098, 36 CFR 413...... 45764 46436, 46776, 46777, 47728 26 CFR 242...... 46768 414...... 45764 Proposed Rules: 1 ...... 44467, 45529, 45530, 1191...... 45283 426...... 45764 17 ...... 44078, 44301, 44544,

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REMINDERS Open for comments until comments due by 8-22- Past performance evaluation The items in this list were further notice; published 05; published 7-13-05 of orders; comments due editorially compiled as an aid 5-28-04 [FR 04-12138] [FR 05-13795] by 8-22-05; published 6- to Federal Register users. Potatoes (Irish) grown in— Taking and importation— 21-05 [FR 05-12183] Inclusion or exclusion from Colorado; comments due by BP Exploration; Beaufort EDUCATION DEPARTMENT this list has no legal 8-26-05; published 6-27- Sea, AK; offshore oil Grants and cooperative significance. 05 [FR 05-12619] and gas facilities; agreements; availability, etc.: AGRICULTURE construction and Vocational and adult DEPARTMENT operation; comments education— RULES GOING INTO Forest Service due by 8-24-05; Smaller Learning EFFECT AUGUST 18, published 7-25-05 [FR Oil and gas operations: Communities Program; 2005 05-14620] Open for comments Onshore Federal and Indian until further notice; oil and gas leases; COMMERCE DEPARTMENT ENVIRONMENTAL published 2-25-05 [FR approval of operations Patent and Trademark Office PROTECTION AGENCY E5-00767] (Order No.1); comments Practice and procedure: Air pollutants, hazardous; ENERGY DEPARTMENT due by 8-26-05; published Chemical and three- national emission standards: 7-27-05 [FR 05-14103] dimensional biological Meetings: Iron and steel foundries; AGRICULTURE structural data in Environmental Management published 5-20-05 DEPARTMENT electronic format; Site-Specific Advisory Board— HOMELAND SECURITY Farm Service Agency acceptance, processing, DEPARTMENT use and dissemination; Oak Ridge Reservation, Special programs: Transportation Security comments due by 8-22- TN; Open for comments Administration Interest Assistance Program; 05; published 6-21-05 [FR until further notice; comments due by 8-22- 05-12199] published 11-19-04 [FR Civil aviation security: 05; published 6-22-05 [FR Patent search fee refund 04-25693] Ronald Reagan Washington 05-12316] National Airport; enhanced provision changes; ENERGY DEPARTMENT security procedures for AGRICULTURE implementation; comments Energy Efficiency and certain aircraft operations; DEPARTMENT due by 8-22-05; published Renewable Energy Office published 7-19-05 Natural Resources 6-21-05 [FR 05-12198] Commercial and industrial Conservation Service INTERIOR DEPARTMENT CONSUMER PRODUCT equipment; energy efficiency Reports and guidance Minerals Management SAFETY COMMISSION program: documents; availability, etc.: Service Flammable Fabrics Act: Test procedures and National Handbook of efficiency standards— Outer Continental Shelf; oil, Mattresses and Mattress Conservation Practices; gas, and sulphur operations: and foundation sets; Commercial packaged Open for comments until boilers; Open for Fixed and floating platforms, flammability (open flame) further notice; published comments until further structures, and standard; comments due 5-9-05 [FR 05-09150] notice; published 10-21- documents; incorporation by 8-22-05; published 6- 04 [FR 04-17730] by reference; published 7- COMMERCE DEPARTMENT 23-05 [FR 05-12387] 19-05 Industry and Security COURT SERVICES AND ENERGY DEPARTMENT TRANSPORTATION Bureau OFFENDER SUPERVISION Federal Energy Regulatory DEPARTMENT Chemical Weapons AGENCY FOR THE Commission Federal Aviation Convention Regulations: DISTRICT OF COLUMBIA Electric rate and corporate Administration Small business entities; Semi-annual agenda; Open for regulation filings: Virginia Electric & Power Airworthiness directives: economic impact; comments until further comments due by 8-22- Co. et al.; Open for McDonnell Douglas; notice; published 12-22-03 05; published 7-21-05 [FR [FR 03-25121] comments until further published 7-14-05 notice; published 10-1-03 05-14441] DEFENSE DEPARTMENT COMMERCE DEPARTMENT [FR 03-24818] COMMENTS DUE NEXT Acquisition regulations: Electric utilities (Federal Power National Oceanic and Combating trafficking in WEEK Atmospheric Administration Act): persons; comments due Public utilities including Fishery conservation and by 8-22-05; published 6- AGRICULTURE regional transmission management: 21-05 [FR 05-12099] DEPARTMENT organizations; accounting Caribbean, Gulf, and South Construction contracting; Agricultural Marketing and financial reporting Atlantic fisheries— comments due by 8-22- Service requirements; comments Gulf grouper; comments 05; published 6-21-05 [FR due by 8-26-05; published Almonds grown in— due by 8-24-05; 05-12096] 6-27-05 [FR 05-12626] California; comments due by published 7-25-05 [FR Contractor insurance/pension ENVIRONMENTAL 8-26-05; published 6-27- 05-14604] reviews; comments due PROTECTION AGENCY 05 [FR 05-12623] Magnuson-Stevens Act by 8-22-05; published 6- Air quality implementation Apricots grown in— provisions— 21-05 [FR 05-12097] plans; approval and Washington; comments due National standard Describing agency needs; promulgation; various by 8-26-05; published 6- guidelines; comments comments due by 8-22- States: 27-05 [FR 05-12620] due by 8-22-05; 05; published 6-21-05 [FR Indiana; comments due by Avocados grown in— published 6-22-05 [FR 05-12098] 8-24-05; published 7-25- Florida; comments due by 05-11978] Pilot Mentor-Protege 05 [FR 05-14600] 8-23-05; published 6-24- Marine mammals: Program; Open for New Jersey; comments due 05 [FR 05-12616] Commercial fishing comments until further by 8-22-05; published 7- Cotton classing, testing and authorizations; incidental notice; published 12-15-04 21-05 [FR 05-14406] standards: taking— [FR 04-27351] New York; comments due Classification services to Atlantic Large Whale Take Federal Acquisition Regulation by 8-22-05; published 7- growers; 2004 user fees; Reduction Plan; (FAR): 21-05 [FR 05-14407]

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Environmental statements; comments until further controls; Open for Endangered and threatened availability, etc.: notice; published 12-29- comments until further species: Coastal nonpoint pollution 04 [FR 04-28531] notice; published 8-23- Findings on petitions, etc.— control program— Wireless telecommunications 04 [FR 04-19179] California spotted owl; Minnesota and Texas; services— HOMELAND SECURITY comments due by 8-22- Open for comments Commercial Spectrum DEPARTMENT 05; published 6-21-05 until further notice; Enhancement Act Coast Guard [FR 05-11938] published 10-16-03 [FR implementation; Anchorage regulations: LIBRARY OF CONGRESS 03-26087] competitive bidding Maryland; Open for Copyright Office, Library of rules modernization; Pesticides; tolerances in food, comments until further Congress animal feeds, and raw comments due by 8-26- notice; published 1-14-04 Copyright office and agricultural commodities: 05; published 7-27-05 [FR 04-00749] procedures: Cyhexatin; comments due [FR 05-14840] Regattas and marine parades: Preregistration of certain by 8-26-05; published 7- FEDERAL MARITIME Cambridge Offshore unpublished copyright 27-05 [FR 05-14738] COMMISSION Challenge, Choptank claims; comments due by Trifloxystrobin; comments Ocean shipping in foreign River, MD; comments due 8-22-05; published 7-22- due by 8-23-05; published commerce: by 8-26-05; published 7- 05 [FR 05-14516] 6-24-05 [FR 05-12447] Non-vessel-operating 27-05 [FR 05-14754] LIBRARY OF CONGRESS Solid wastes: common carrier service Strait Thunder Race; arrangements; comments comments due by 8-26- Copyright Royalty Board, Municipal solid waste landfill Library of Congress permit programs— due by 8-23-05; published 05; published 6-27-05 [FR 8-8-05 [FR 05-15641] 05-12648] Sound recordings use under Indiana; comments due by statutory licenses; notice 8-25-05; published 7-26- GENERAL SERVICES Sunset Lake Hydrofest, NJ; ADMINISTRATION comments due by 8-26- and recordkeeping; 05 [FR 05-14734] comments due by 8-26-05; Federal Acquisition Regulation 05; published 7-27-05 [FR Superfund program: 05-14755] published 7-27-05 [FR 05- (FAR): 14872] National oil and hazardous Rulemaking petitions: substances contingency Past performance evaluation NATIONAL AERONAUTICS plan priorities list; of orders; comments due Fall River, MA; marine spills of liquefied natural gas; AND SPACE comments due by 8-25- by 8-22-05; published 6- ADMINISTRATION 05; published 7-26-05 [FR 21-05 [FR 05-12183] comments due by 8-22- 05; published 6-23-05 [FR Federal Acquisition Regulation 05-14608] Federal Management (FAR): Regulation: 05-12399] Water pollution control: Past performance evaluation Transportation management HOMELAND SECURITY National Pollutant Discharge DEPARTMENT of orders; comments due Elimination System— and transportation by 8-22-05; published 6- payment and audit; data Federal Emergency Concentrated animal Management Agency 21-05 [FR 05-12183] feeding operations in collection standards and Assistance Program Under the NUCLEAR REGULATORY New Mexico and reporting requirements; 9/11 Heroes Stamp Act of COMMISSION Oklahoma; general comments due by 8-22- 2001; comments due by 8- Environmental statements; permit for discharges; 05; published 6-22-05 [FR 25-05; published 7-26-05 availability, etc.: Open for comments 05-12282] [FR 05-14517] until further notice; HEALTH AND HUMAN Fort Wayne State published 12-7-04 [FR SERVICES DEPARTMENT HOUSING AND URBAN Developmental Center; 04-26817] Food and Drug DEVELOPMENT Open for comments until further notice; published Water pollution; effluent Administration DEPARTMENT 5-10-04 [FR 04-10516] guidelines for point source Color additives: Grants and cooperative categories: agreements; availability, etc.: Spent nuclear fuel and high- Mica-based pearlescent level radioactive waste; Meat and poultry products Homeless assistance; pigments; comments due independent storage; processing facilities; Open excess and surplus by 8-22-05; published 7- licensing requirements: for comments until further 22-05 [FR 05-14457] Federal properties; Open for comments until further Approved spent fuel storage notice; published 9-8-04 Listing of color additives [FR 04-12017] notice; published 8-5-05 casks; list; comments due exempt from certification: [FR 05-15251] by 8-24-05; published 7- FEDERAL Tomato Lycopene extract 25-05 [FR 05-14568] COMMUNICATIONS INTERIOR DEPARTMENT and tomato lycopene Spent nuclear fuel and high- COMMISSION concentrate; comments Land Management Bureau Oil and gas operations: level radioactive waste; Committees; establishment, due by 8-25-05; published independent storage; Onshore Federal and Indian renewal, termination, etc.: 7-26-05 [FR 05-14631] licensing requirements: oil and gas leases; Technological Advisory Reports and guidance Approved spent fuel storage Council; Open for documents; availability, etc.: approval of operations (Order No.1); comments casks; list; comments due comments until further Evaluating safety of by 8-24-05; published 7- notice; published 3-18-05 due by 8-26-05; published antimicrobial new animal 7-27-05 [FR 05-14103] 25-05 [FR 05-14567] [FR 05-05403] drugs with regard to their INTERIOR DEPARTMENT SMALL BUSINESS Common carrier services: microbiological effects on ADMINISTRATION bacteria of human health Fish and Wildlife Service Interconnection— Disaster loan areas: Incumbent local exchange concern; Open for Endangered and threatened comments until further species permit applications Maine; Open for comments carriers unbounding until further notice; obligations; local notice; published 10-27-03 Recovery plans— [FR 03-27113] published 2-17-04 [FR 04- competition provisions; Paiute cutthroat trout; 03374] wireline services Medical devices— Open for comments offering advanced Dental noble metal alloys until further notice; STATE DEPARTMENT telecommunications and base metal alloys; published 9-10-04 [FR Visas; nonimmigrant and capability; Open for Class II special 04-20517] immigrant documentation:

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Unlawful voters; comments anchorages; comments Register but may be ordered located at 123 W. 7th Street due by 8-22-05; published due by 8-22-05; published in ‘‘slip law’’ (individual in Holdenville, Oklahoma, as 6-21-05 [FR 05-12219] 6-22-05 [FR 05-12240] pamphlet) form from the the ‘‘Boone Pickens Post OFFICE OF UNITED STATES TRANSPORTATION Superintendent of Documents, Office’’. (Aug. 2, 2005; 119 TRADE REPRESENTATIVE DEPARTMENT U.S. Government Printing Stat. 460) Office, Washington, DC 20402 Trade Representative, Office Pipeline and Hazardous (phone, 202–512–1808). The S. 904/P.L. 109–52 of United States Materials Safety text will also be made To designate the facility of the Generalized System of Administration Pipeline safety: available on the Internet from United States Postal Service Preferences: GPO Access at http:// located at 1560 Union Valley Gas pipelines; polyamide-11 2003 Annual Product www.gpoaccess.gov/plaws/ Road in West Milford, New plastic pipe use; Review, 2002 Annual index.html. Some laws may Jersey, as the ‘‘Brian P. comments due by 8-22- Country Practices Review, not yet be available. Parrello Post Office Building’’. 05; published 6-22-05 [FR and previously deferred (Aug. 2, 2005; 119 Stat. 461) product decisions; 05-12356] H.R. 3423/P.L. 109–43 petitions disposition; Open TREASURY DEPARTMENT Medical Device User Fee H.R. 3045/P.L. 109–53 for comments until further Internal Revenue Service Stabilization Act of 2005 (Aug. Dominican Republic-Central notice; published 7-6-04 Income taxes: 1, 2005; 119 Stat. 439) America-United States Free [FR 04-15361] Attained age of the insured H.R. 38/P.L. 109–44 Trade Agreement TRANSPORTATION under section 7702; Upper White Salmon Wild and Implementation Act (Aug. 2, DEPARTMENT comments due by 8-24- Scenic Rivers Act (Aug. 2, 2005; 119 Stat. 462) 05; published 5-24-05 [FR 2005; 119 Stat. 443) Federal Aviation H.R. 2361/P.L. 109–54 Administration 05-10166] H.R. 481/P.L. 109–45 Department of the Interior, Airworthiness directives: Dual consolidated losses; Sand Creek Massacre comments due by 8-22- Environment, and Related Aerospatiale; comments due National Historic Site Trust Act 05; published 5-24-05 [FR of 2005 (Aug. 2, 2005; 119 Agencies Appropriations Act, by 8-22-05; published 7- 05-10160] 2006 (Aug. 2, 2005; 119 Stat. 21-05 [FR 05-14393] Stat. 445) Partnership equity for 499) Agusta S.p.A.; comments H.R. 541/P.L. 109–46 services; comments due H.R. 2985/P.L. 109–55 due by 8-23-05; published by 8-22-05; published 5- To direct the Secretary of 6-24-05 [FR 05-12419] 24-05 [FR 05-10164] Agriculture to convey certain Legislative Branch Boeing; comments due by Qualified intellectual property land to Lander County, Appropriations Act, 2006 (Aug. 8-22-05; published 7-6-05 contributions; information Nevada, and the Secretary of 2, 2005; 119 Stat. 565) [FR 05-13222] the Interior to convey certain returns by donees; cross- S. 45/P.L. 109–56 Cessna; comments due by reference; comments due land to Eureka County, 8-22-05; published 6-21- by 8-22-05; published 5- Nevada, for continued use as To amend the Controlled 05 [FR 05-12149] 23-05 [FR 05-10228] cemeteries. (Aug. 2, 2005; Substances Act to lift the 119 Stat. 448) General Electric Co.; Safe harbor for valuation patient limitation on comments due by 8-22- under section 475; H.R. 794/P.L. 109–47 prescribing drug addiction 05; published 6-21-05 [FR comments due by 8-22- Colorado River Indian treatments by medical 05-12173] 05; published 5-24-05 [FR Reservation Boundary practitioners in group practices, and for other Lycoming; comments due by 05-10167] Correction Act (Aug. 2, 2005; Section 367 stock transfers 119 Stat. 451) purposes. (Aug. 2, 2005; 119 8-22-05; published 7-22- Stat. 591) 05 [FR 05-14575] involving foreign H.R. 1046/P.L. 109–48 McDonnell Douglas; corporations in To authorize the Secretary of S. 1395/P.L. 109–57 transactions governed by the Interior to contract with comments due by 8-22- Controlled Substances Export section 304; comments the city of Cheyenne, 05; published 7-8-05 [FR Reform Act of 2005 (Aug. 2, 05-13436] due by 8-23-05; published Wyoming, for the storage of 5-25-05 [FR 05-10267] 2005; 119 Stat. 592) Sikorsky; comments due by the city’s water in the Section 752 assumption of 8-22-05; published 6-23- Kendrick Project, Wyoming. Last List August 2, 2005 partner liabilities; cross 05 [FR 05-12417] (Aug. 2, 2005; 119 Stat. 455) reference; comments due Turbomeca, S.A.; comments H.J. Res. 59/P.L. 109–49 by 8-24-05; published 5- Expressing the sense of due by 8-23-05; published 26-05 [FR 05-10265] Public Laws Electronic 6-24-05 [FR 05-12415] Congress with respect to the women suffragists who fought Notification Service Airworthiness standards: (PENS) LIST OF PUBLIC LAWS for and won the right of Class E airspace; comments women to vote in the United due by 8-26-05; published States. (Aug. 2, 2005; 119 7-12-05 [FR 05-13661] This is a continuing list of public bills from the current Stat. 457) PENS is a free electronic mail Area navigation routes; session of Congress which S. 571/P.L. 109–50 notification service of newly comments due by 8-22-05; enacted public laws. To have become Federal laws. It To designate the facility of the published 7-6-05 [FR 05- subscribe, go to http:// may be used in conjunction United States Postal Service 13266] listserv.gsa.gov/archives/ with ‘‘PLUS’’ (Public Laws located at 1915 Fulton Street publaws-l.html TRANSPORTATION Update Service) on 202–741– in Brooklyn, New York, as the DEPARTMENT 6043. This list is also ‘‘Congresswoman Shirley A. Note: This service is strictly available online at http:// National Highway Traffic Chisholm Post Office for E-mail notification of new www.archives.gov/ Safety Administration Building’’. (Aug. 2, 2005; 119 laws. The text of laws is not federal register/public laws/ Motor vehicle safety — — Stat. 459) available through this service. public laws.html. standards: — S. 775/P.L. 109–51 PENS cannot respond to Designated seating positions The text of laws is not To designate the facility of the specific inquiries sent to this and seat belt assembly published in the Federal United States Postal Service address.

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