8–17–05 Wednesday Vol. 70 No. 158 Aug. 17, 2005

Pages 48269–48472

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i II Federal Register / Vol. 70, No. 158 / Wednesday, August 17, 2005

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Contents Federal Register Vol. 70, No. 158

Wednesday, August 17, 2005

Agriculture Department Education Department See Animal and Plant Health Inspection Service NOTICES See Forest Service Agency information collection activities; proposals, See Grain Inspection, Packers and Stockyards submissions, and approvals, 48375–48378 Administration Energy Department See Federal Energy Regulatory Commission Animal and Plant Health Inspection Service NOTICES PROPOSED RULES Environmental statements; record of decision: Viruses, serums, toxins, etc.: Los Alamos National Laboratory, NM; land tracts Virus-Serum-Toxin Act; records and reports; conveyance and transfer, 48378–48380 requirements; withdrawn, 48325–48329 Environmental Protection Agency Census Bureau RULES NOTICES Air quality implementation plans; approval and Agency information collection activities; proposals, promulgation; various States: submissions, and approvals, 48371–48372 Maryland, 48283–48285 New Mexico, 48285–48287 Virginia, 48277–48283 Centers for Disease Control and Prevention West Virginia, 48287–48290 NOTICES PROPOSED RULES Meetings: Pesticide programs: National Institute for Occupational Safety and Health— Pesticide registration review; procedural regulations, Occupational Energy Research Program, 48422–48423 48356–48357 NOTICES Coast Guard Meetings: RULES Strategic Approach to International Chemicals Drawbridge operations: Management; Third Preparatory Committee, 48391– Florida, 48273–48274 48392 Ports and waterways safety; regulated navigation areas, Pesticide, food, and feed additive petitions: safety zones, security zones, etc.: Interregional Research Project (No. 4), 48413–48417 Port Townsend Waterway, Puget Sound, WA, 48274– Pesticide registration, cancellation, etc.: 48276 Bayer CropScience et al., 48392–48398 PROPOSED RULES Bonide Products, Inc., et al., 48398–48413 Drawbridge operations: Reports and guidance documents; availability, etc.: Wisconsin, 48354–48356 Environmental Sampling, Analysis and Results Draft Data Standards, 48417–48418 Toxic and hazardous substances control: Commerce Department Dibasic esters; enforceable consent agreement testing; See Census Bureau program review, 48418–48421 See Economic Analysis Bureau See International Trade Administration Federal Aviation Administration See National Oceanic and Atmospheric Administration PROPOSED RULES See Patent and Trademark Office Airworthiness directives: See Technology Administration Airbus, 48336–48338 Empresa Brasileira de Aeronautica S.A. (EMBRAER), Defense Department 48339–48342 NOTICES Shadin, 48333–48336 Federal Acquisition Regulation (FAR): NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 48375 submissions, and approvals, 48462 Airport noise compatibility program: Drug Enforcement Administration Capital City Airport, MI, 48462–48463 Santa Barbara Airport, CA, 48463–48464 NOTICES Exemption petitions; summary and disposition, 48464– Applications, hearings, determinations, etc.: 48465 Mallinckrodt, Inc., 48441 Federal Communications Commission Economic Analysis Bureau RULES RULES Common carrier services: International services surveys: Communications Act of 1934; implementation— BE-36 et al.; international trade in services; annual Directory assistance; nondiscriminatory access surveys; reporting requirements, 48270–48272 requirements, 48290–48291

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Radio stations; table of assignments: NOTICES Alabama, 48293–48294 Endangered and threatened species: Arkansas, 48291–48292 Mariana fruit bat, etc.; 5-year reviews; correction, 48433 Georgia, 48292 Reports and guidance documents; availability, etc.: Ohio and Kentucky, 48294 Genus caulerpa; national management plan, 48433–48434 Texas, 48292–48293 Utah and Wyoming, 48293 Food and Drug Administration Television broadcasting: RULES Cable television systems— Animal drugs, feeds, and related products: Satellite Home Viewer Extension and Reauthorization Phenylbutazone, 48272–48273 Act; implementation; effective date, 48295 Sponsor name and address changes— Children’s television programming— Peptech, Animal Health Pty., Ltd., 48272 Cable operators; digital television broadcast licensees’ NOTICES Agency information collection activities; proposals, obligations and requirements; effective date, submissions, and approvals, 48423–48426 48294–48295 PROPOSED RULES Color additive petitions: Radio stations; table of assignments: CIBA Vision Corp., 48426–48427 Arizona, 48362 Committees; establishment, renewal, termination, etc.: Florida, 48360–48362 Public advisory committees; voting consumer Indiana, 48357–48358 representative members, 48427 Kentucky, 48360–48361 Meetings: Louisiana and Texas, 48358–48359 Levothyroxine sodium drug products; therapeutic Texas, 48358 equivalence, 48428 Wyoming, 48359–48360 Oncological Drugs Advisory Committee, 48428–48429 NOTICES Forest Service Rulemaking proceedings; petitions filed, granted, denied, etc., 48421 NOTICES Environmental statements; notice of intent: Black Hills National Forest, SD and WY, 48369–48370 Federal Energy Regulatory Commission Meetings: NOTICES Resource Advisory Committees— Electric rate and corporate regulation combined filings, Alpine County, 48370 48387–48390 Hydroelectric applications, 48390–48391 General Services Administration Applications, hearings, determinations, etc.: NOTICES Alabama Power Company, 48380–48382 Federal Acquisition Regulation (FAR): BJ Energy LLC, 48382 Agency information collection activities; proposals, Bridgeline Gas Distribution LLC, 48382–48383 submissions, and approvals, 48375 CenterPoint Energy Gas Transmission Co., 48383 Meetings: Dominion Cove Point LNG, LP, 48383–48384 Household Goods and Freight Forum, 48422 Dominion Transmission, Inc., 48384 Eastern Shore Natural Gas Co., 48385 Grain Inspection, Packers and Stockyards Administration El Paso Natural Gas Co., 48385–48386 NOTICES E Minus Energy Corporation, 48385 Agency designation actions: Equitrans, L.P., 48386 Minnesota, 48370–48371 Portland Natural Gas Transmission System, 48386 Viking Gas Transmission Co., 48386–48387 Health and Human Services Department Western Area Power Administration, 48387 See Centers for Disease Control and Prevention See Food and Drug Administration Federal Maritime Commission See Health Resources and Services Administration NOTICES Agreements filed, etc., 48421–48422 Health Resources and Services Administration NOTICES National Vaccine Injury Compensation Program: Federal Reserve System Petitions received; list, 48429–48432 RULES Extensions of credit by Federal Reserve Banks (Regulation Homeland Security Department A): See Coast Guard Primary and secondary credit— See U.S. Citizenship and Immigration Services Rates; increase approval, 48269–48270 NOTICES Interior Department Banks and bank holding companies: See Fish and Wildlife Service Permissible nonbanking activities, 48422 See Land Management Bureau

Fish and Wildlife Service International Trade Administration RULES NOTICES Marine mammals: Meetings: Native exemptions; authentic native articles of Environmental Technologies Trade Advisory Committee, handicrafts and clothing; definition, 48321–48323 48372–48373

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North American Free Trade Agreement (NAFTA); Nuclear Regulatory Commission binational panel reviews: PROPOSED RULES Softwood lumber products from— Rulemaking petitions: Canada, 48373 Nevada; denied, 48329–48333 Applications, hearings, determinations, etc.: NOTICES State University of New York et al., 48372 Meetings: Reactor Safeguards Advisory Committee, 48444–48446 International Trade Commission Applications, hearings, determinations, etc.: NOTICES FirstEnergy Nuclear Operating Co., et al., 48443–48444 Import investigations: Structural steel beams from— Overseas Private Investment Corporation Japan and Korea, 48440–48441 NOTICES Meetings; Sunshine Act, 48446 Justice Department See Drug Enforcement Administration Patent and Trademark Office NOTICES Labor Department Agency information collection activities; proposals, NOTICES submissions, and approvals, 48374 Grant and cooperative agreement awards: Save the Children Federation Inc., 48441–48442 Postal Rate Commission RULES Land Management Bureau Practice and procedure: NOTICES Nomenclature changes; Commission’s address change, Alaska Native claims selection: 48276–48277 Kake Tribal Corp., 48434 Olgoonik Corp., 48434 Securities and Exchange Commission Titus, Frank, 48434–48435 NOTICES Oil and gas leases: Self-regulatory organizations; proposed rule changes: California, 48435 International Securities Exchange, Inc., 48454 Public land orders: Pacific Exchange, Inc., 48454–48456 Idaho, 48435 Philadelphia Stock Exchange, Inc., 48457–48459 Realty actions; sales, leases, etc.: Applications, hearings, determinations, etc.: Alaska, 48435–48436 AXP California Tax-Exempt Trust, et al., 48446–48449 Colorado, 48436–48437 MetLife Investors USA Insurance Company, et al., 48449– Nevada, 48437–48438 48453 Recreation management restrictions, etc.: Small Business Administration Arizona State Office administered public lands; NOTICES prohibition of open containers of alcohol while Intergovernmental review of agency programs and operating or riding in/on motor vehicles; activities, 48459–48460 supplementary rule, 48438–48440 Social Security Administration National Aeronautics and Space Administration PROPOSED RULES NOTICES Social security benefits: Federal Acquisition Regulation (FAR): Federal old age, survivors, and disability insurance— Agency information collection activities; proposals, Visual disorders; evaluation criteria; revision, 48342– submissions, and approvals, 48375 48354 National Highway Traffic Safety Administration Surface Transportation Board RULES NOTICES Motor vehicle safety standards: Railroad operation, acquisition, construction, etc.: Controls, telltales, and indicators, 48295–48312 Union Pacific Railroad Co., 48465 Low-speed vehicle; definition, 48313–48320 PROPOSED RULES Technology Administration Motor vehicle safety standards: NOTICES Theft protection and rollaway prevention, 48362–48368 Senior Executive Service: Performance Review Board; membership, 48374–48375 National Oceanic and Atmospheric Administration RULES Transportation Department Fishery conservation and management: See Federal Aviation Administration Caribbean, Gulf, and South Atlantic fisheries— See National Highway Traffic Safety Administration Gulf of Mexico reef fish, 48323–48324 See Surface Transportation Board NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Standard time zone boundaries: Educational Partnership Program— Indiana, 48460–48462 Minority Serving Institutions; Scientific Environmental Technology Cooperative Science Center, 48468– U.S. Citizenship and Immigration Services 48471 NOTICES Meetings: Agency information collection activities; proposals, New England Fishery Management Council, 48373–48374 submissions, and approvals, 48432–48433

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Veterans Affairs Department NOTICES Agency information collection activities; proposals, Reader Aids submissions, and approvals, 48465–48466 Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Separate Parts In This Issue To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http:// Part II listserv.access.gpo.gov and select Online mailing list Commerce Department, National Oceanic and Atmospheric archives, FEDREGTOC-L, Join or leave the list (or change Administration, 48468–48471 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.

9 CFR Proposed Rules: 101...... 48325 116...... 48325 10 CFR Proposed Rules: 51...... 48329 12 CFR 201...... 48269 14 CFR Proposed Rules: 39 (3 documents) ...... 48333, 48336, 48339 15 CFR 801...... 48270 20 CFR Proposed Rules: 404...... 48342 21 CFR 510...... 48272 522...... 48272 33 CFR 117...... 48273 165...... 48274 Proposed Rules: 117...... 48354 39 CFR 3001...... 48276 3002...... 48276 3003...... 48276 40 CFR 52 (5 documents) ...... 48277, 48280, 48283, 48285, 48287 Proposed Rules: 155...... 48356 47 CFR 51...... 48290 73 (7 documents) ...... 48291, 48292, 48293, 48294 76...... 48295 Proposed Rules: 73 (8 documents) ...... 48357, 48358, 48359, 48360, 48361, 48362 49 CFR 571 (2 documents) ...... 48295, 48313 Proposed Rules: 571...... 48362 50 CFR 18...... 48321 622...... 48323

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Rules and Regulations Federal Register Vol. 70, No. 158

Wednesday, August 17, 2005

This section of the FEDERAL REGISTER the Federal Reserve Banks, subject to adverse economic impact on a contains regulatory documents having general the review and determination of the substantial number of small entities applicability and legal effect, most of which Board. because the final rule does not impose are keyed to and codified in the Code of The Board approved requests by the any additional requirements on entities Federal Regulations, which is published under Reserve Banks to increase by 25 basis affected by the regulation. 50 titles pursuant to 44 U.S.C. 1510. points the primary credit rate in effect Administrative Procedure Act The Code of Federal Regulations is sold by at each of the twelve Federal Reserve the Superintendent of Documents. Prices of Banks, thereby increasing from 4.25 The Board did not follow the new books are listed in the first FEDERAL percent to 4.50 percent the rate that provisions of 5 U.S.C. 553(b) relating to REGISTER issue of each week. each Reserve Bank charges for notice and public participation in extensions of primary credit. As a result connection with the adoption of these of the Board’s action on the primary amendments because the Board for good FEDERAL RESERVE SYSTEM credit rate, the rate that each Reserve cause determined that delaying Bank charges for extensions of implementation of the new primary and 12 CFR Part 201 secondary credit automatically secondary credit rates in order to allow [Regulation A] increased from 4.75 percent to 5.00 notice and public comment would be percent under the secondary credit rate unnecessary and contrary to the public Extensions of Credit by Federal formula. The final amendments to interest in fostering price stability and Reserve Banks Regulation A reflect these rate changes. sustainable economic growth. For these AGENCY: Board of Governors of the The 25-basis-point increase in the same reasons, the Board also has not Federal Reserve System. primary credit rate was associated with provided 30 days prior notice of the a similar increase in the target for the effective date of the rule under section ACTION: Final rule. federal funds rate (from 3.25 percent to 553(d). 3.50 percent) approved by the Federal SUMMARY: The Board of Governors of the 12 CFR Chapter II Federal Reserve System (Board) has Open Market Committee (Committee) adopted final amendments to its and announced at the same time. A List of Subjects in 12 CFR Part 201 Regulation A to reflect the Board’s press release announcing these actions Banks, Banking, Federal Reserve approval of an increase in the primary indicated that: System, Reporting and recordkeeping. credit rate at each Federal Reserve Bank. The Committee believes that, even after The secondary credit rate at each this action, the stance of monetary policy Authority and Issuance Reserve Bank automatically increased remains accommodative and, coupled with I For the reasons set forth in the robust underlying growth in productivity, is by formula as a result of the Board’s preamble, the Board is amending 12 CFR primary credit rate action. providing ongoing support to economic activity. Aggregate spending, despite high Chapter II to read as follows: DATES: The amendments to part 201 energy prices, appears to have strengthened (Regulation A) are effective August 17, since late winter, and labor market PART 201—EXTENSIONS OF CREDIT 2005. The rate changes for primary and conditions continue to improve gradually. BY FEDERAL RESERVE BANKS secondary credit were effective on the Core inflation has been relatively low in (REGULATION A) dates specified in 12 CFR 201.51, as recent months and longer-term inflation I amended. expectations remain well contained, but 1. The authority citation for part 201 pressures on inflation have stayed elevated. continues to read as follows: FOR FURTHER INFORMATION CONTACT: The Committee perceives that, with Authority: 12 U.S.C. 248(i)–(j), 343 et seq., Jennifer J. Johnson, Secretary of the appropriate monetary policy action, the Board (202/452–3259); for users of 347a, 347b, 347c, 348 et seq., 357, 374, 374a, upside and downside risks to the attainment and 461. Telecommunication Devices for the Deaf of both sustainable growth and price stability (TDD) only, contact 202/263–4869. should be kept roughly equal. With I 2. In § 201.51, paragraphs (a) and (b) SUPPLEMENTARY INFORMATION: The underlying inflation expected to be are revised to read as follows: Federal Reserve Banks make primary contained, the Committee believes that and secondary credit available to policy accommodation can be removed at a § 201.51 Interest rates applicable to credit extended by a Federal Reserve Bank.1 depository institutions as a backup pace that is likely to be measured. Nonetheless, the Committee will respond to (a) Primary credit. The interest rates source of funding on a short-term basis, changes in economic prospects as needed to usually overnight. The primary and for primary credit provided to fulfill its obligation to maintain price depository institutions under § 201.4(a) secondary credit rates are the interest stability. rates that the twelve Federal Reserve are: Banks charge for extensions of credit Regulatory Flexibility Act Certification under these programs. In accordance Pursuant to the Regulatory Flexibility 1 The primary, secondary, and seasonal credit rates described in this section apply to both with the Federal Reserve Act, the Act (5 U.S.C. 605(b)), the Board certifies advances and discounts made under the primary, primary and secondary credit rates are that the new primary and secondary secondary, and seasonal credit programs, established by the boards of directors of credit rates will not have a significantly respectively.

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Federal Reserve Bank Rate Effective

Boston ...... 4.50 August 9, 2005. New York ...... 4.50 August 9, 2005. Philadelphia ...... 4.50 August 9, 2005. Cleveland ...... 4.50 August 9, 2005. Richmond ...... 4.50 August 9, 2005. Atlanta ...... 4.50 August 9, 2005. Chicago ...... 4.50 August 9, 2005. St. Louis ...... 4.50 August 10, 2005. Minneapolis ...... 4.50 August 9, 2005. Kansas City ...... 4.50 August 9, 2005. Dallas ...... 4.50 August 9, 2005. San Francisco ...... 4.50 August 9, 2005.

(b) Secondary credit. The interest depository institutions under § 201.4(b) rates for secondary credit provided to are:

Federal Reserve Bank Rate Effective

Boston ...... 5.00 August 9, 2005. New York ...... 5.00 August 9, 2005. Philadelphia ...... 5.00 August 9, 2005. Cleveland ...... 5.00 August 9, 2005. Richmond ...... 5.00 August 9, 2005. Atlanta ...... 5.00 August 9, 2005. Chicago ...... 5.00 August 9, 2005. St. Louis ...... 5.00 August 10, 2005. Minneapolis ...... 5.00 August 9, 2005. Kansas City ...... 5.00 August 9, 2005. Dallas ...... 5.00 August 9, 2005. San Francisco ...... 5.00 August 9, 2005.

* * * * * DATES: Effective Date: This final rule BE–82, Annual Survey of Financial Services Transactions Between U.S. By order of the Board of Governors of the will be effective at 5 p.m. September 16, Federal Reserve System, August 12, 2005. 2005. Financial Services Providers and Unaffiliated Foreign Persons. Jennifer J. Johnson, FOR FURTHER INFORMATION CONTACT: Obie G. Whichard, Chief, International BE–93, Annual Survey of Royalties, Secretary of the Board. License Fees, and Other Receipts and Investment Division (BE–50), Bureau of [FR Doc. 05–16322 Filed 8–16–05; 8:45 am] Payments for Intangible Rights Between U.S. Economic Analysis, U.S. Department of BILLING CODE 6210–02–P and Unaffiliated Foreign Persons. Commerce, Washington, DC 20230; phone (202) 606–9890 or e-mail BEA is removing the reporting [email protected]. requirements for these five annual DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: In the May surveys because the information is now Bureau of Economic Analysis 5, 2005 Federal Register, 70 FR 23811– being collected on four separate 23813, the Bureau of Economic Analysis quarterly surveys. Specifically, the BE– 15 CFR Part 801 (BEA) published a notice of proposed 9, Quarterly Survey of Foreign Airline rulemaking to remove the reporting Operators’ Revenues and Expenses in [Docket No. 050406094–5201–02] requirements for five annual surveys the United States, replaces the BE–36 covering international trade in services. survey; the BE–25, Quarterly Survey of RIN 0691–AA59 No comments on the proposed rule were Transactions Between U.S. and received. Thus, the provisions in the Unaffiliated Foreign Persons in Selected International Services Surveys: proposed rule are adopted without Services and in Intangible Assets, Cancellation of Five Annual Surveys change. This final rule amends 15 CFR replaces the BE–47 and BE–93 surveys; part 801 by revising Section 801.9(b) to AGENCY: the BE–45, Quarterly Survey of Bureau of Economic Analysis, remove the reporting requirements for Commerce. Insurance Transactions by U.S. five annual surveys that collect data Insurance Companies with Foreign ACTION: Final rule. covering international trade in services. Persons, replaces the BE–48 survey; and The five surveys are: SUMMARY: This final rule removes the the BE–85, Quarterly Survey of reporting requirements for five annual BE–36, Foreign Airline Operators’ Financial Services Transactions surveys covering international trade in Revenues and Expenses in the United States. Between U.S. Financial Services services. The five annual surveys being BE–47, Annual Survey of Construction, Providers and Unaffiliated Foreign Engineering, Architectural, and Mining discontinued are: BE–36, BE–47, BE–48, Services Provided by U.S. Firms to Persons, replaces the BE–82 survey. BE–82, and BE–93. The surveys are Unaffiliated Foreign Persons. BEA began collecting data on these being discontinued because they have BE–48, Annual Survey of Reinsurance and quarterly surveys in 2004. been replaced by quarterly surveys that Other Insurance Transactions by U.S. collect essentially the same information. Insurance Companies with Foreign Persons.

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Executive Order 12866 § 801.9 Reports required. (i) Who must report—(A) Mandatory This final rule has been determined to * * * * * reporting. A BE–22 report is required be not significant for purposes of E.O. (b) Annual surveys. (1) BE–29, from each U.S. person who had 12866. Foreign Ocean Carriers’ Expenses in the transactions (either sales or purchases) United States: in excess of $1,000,000 with unaffiliated Executive Order 13132 (i) Who must report. A BE–29 report foreign persons in any of the covered This final rule does not contain is required from U.S. agents on behalf of services during the U.S. person’s fiscal policies with federalism implications as foreign ocean carriers transporting year. The determination of whether a that term is defined in E.O. 13132. freight or passengers to or from the U.S. person is subject to this mandatory United States. U.S. agents are steamship reporting requirement may be Regulatory Flexibility Act agents and other persons representing judgmental, that is, based on the The Chief Counsel for Regulation foreign carriers in arranging ocean judgment of knowledgeable persons in a certified to the Chief Counsel for transportation of freight and cargo company who can identify reportable Advocacy of the Small Business between U.S. and foreign ports and in transactions on a recall basis, with a Administration that this rule will not arranging port services in the United reasonable degree of certainty without have a significant economic impact on States. Foreign carriers are foreign conducting a detailed manual records a substantial number of small entities as persons that own or operate ocean going search. that term is defined in the Regulatory vessels calling at U.S. ports, including (B) Voluntary reporting. If, during the Flexibility Act, 5 U.S.C. 601 et seq. The VLCC tankers discharging petroleum U.S. person’s fiscal year, the U.S. factual basis for this certification was offshore to pipelines and lighter vessels person’s total transactions (either sales published in the proposed rule. No destined for U.S. ports. They include or purchases) in any of the covered comments were received regarding the carriers who own or who operate their services is $1,000,000 or less, the U.S. person is requested to provide an economic impact of this rule. As a own or chartered (United States or estimate of the total for each type of result, no final regulatory flexibility foreign-flag) vessels. They also include service. Provision of this information is analysis was prepared. foreign subsidiaries of U.S. companies voluntary. The estimates may be operating their own or chartered vessels Paperwork Reduction Act judgmental, that is, based on recall, as carriers for their own accounts. without conducting a detailed manual The surveys being discontinued by Where the vessels under foreign registry this rule have been approved by the records search. are operated directly by a U.S. carrier (C) Any U.S. person receiving a BE– Office of Management and Budget for its own account, the operations of (OMB) under the Paperwork Reduction 22 survey form from BEA must such vessels should be reported on complete all relevant parts of the form Act under the following OMB control Form BE–30, Ocean Freight Revenues numbers: 0608–0013 (BE–36 survey), and return the form to BEA. A person and Foreign Expenses of United States that is not subject to the mandatory 0608–0015 (BE–47 survey), 0608–0016 Carriers. The Bureau of Economic reporting requirement in paragraph (BE–48 survey), 0608–0017 (BE–93 Analysis may, in lieu of BE–29 reports (b)(2)(i)(A) of this section and is not survey), and 0608–0063 (BE–82 survey). required from foreign carriers’ U.S. filing information on a voluntary basis OMB approved the quarterly surveys agents, accept consolidated reports from must only complete the ‘‘Determination under the following OMB control foreign governments covering the of reporting status’’ and the numbers: 0608–0068 (BE–9 survey); operations of their national shipping ‘‘Certification’’ sections of the survey. 0608–0067 (BE–25 survey); 0608–0066 concerns when, in the Bureau’s This requirement is necessary to ensure (BE–45 survey); and 0608–0065 (BE–85 discretion, such consolidated reports compliance with the reporting survey). would provide the required information. requirements and efficient List of Subjects in 15 CFR Part 801 Where such reports are accepted, the administration of the survey by individual reports from foreign carriers’ International transactions, Economic eliminating unnecessary followup U.S. agents will not be required. contact. statistics, Foreign trade, Penalties, (ii) Exemption. Any U.S. person (ii) Covered services. The covered Reporting and recordkeeping otherwise required to report is services are: Advertising services; requirements. exempted from reporting if the total auxiliary insurance services (by non- J. Steven Landefeld, number of port calls by foreign vessels insurance companies only); educational Director, Bureau of Economic Analysis. handled in the reporting period is less and training services; financial services than forty or total covered expenses are (purchases only by non-financial I For the reasons set forth in the less than $250,000. For example, if an services providers); medical services, preamble, BEA amends 15 CFR part 801, agent handled less than 40 port calls in inpatient (receipts only); medical as follows: a calendar year, the agent is exempted services, other than inpatient (receipts PART 801—SURVEY OF from reporting. If the agent handled 40 only); merchanting services (receipts INTERNATIONAL TRADE IN SERVICES or more calls, the agent must report only); mining services; disbursements to BETWEEN U.S. AND FOREIGN unless covered expenses for all foreign fund news-gathering costs of PERSONS carriers handled by the agent were less broadcasters; disbursements to fund than $250,000. The determination of news-gathering costs of print media; I 1. The authority citation for 15 CFR whether a U.S. person is exempt may be disbursements to fund productions costs part 801 continues to read as follows: based on the judgment of of motion pictures; disbursements to Authority: 5 U.S.C. 301; 15 U.S.C. 4908; 22 knowledgeable persons who can fund production costs of broadcast U.S.C. 3101–3108; and E.O. 11961, 3 CFR, identify reportable transactions without program material other than news; 1977 Comp., p. 86, as amended by E.O. conducting a detailed manual records disbursements to maintain government 12318, 3 CFR, 1981 Comp., p. 173, and E.O. search. tourism and business promotion offices; 12518, 3 CFR, 1985 Comp., p. 348. (2) BE–22, Annual Survey of Selected disbursements for sales promotion and I 2. Section 801.9(b) is revised to read as Services Transactions With Unaffiliated representation; disbursements to follows: Foreign Persons: participate in foreign trade shows

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(purchases only); other trade-related List of Subjects in 21 CFR Part 510 DEPARTMENT OF HEALTH AND services; performing arts, sports, and HUMAN SERVICES other live performances, presentations, Administrative practice and and events; primary insurance procedure, Animal drugs, Labeling, Food and Drug Administration premiums (payments only); primary Reporting and recordkeeping insurance losses recovered; sale or requirements. 21 CFR Part 522 purchase of rights to natural resources, I Therefore, under the Federal Food, Implantation or Injectable Dosage and lease bonus payments; use or lease Drug, and Cosmetic Act and under of rights to natural resources, excluding Form New Animal Drugs; authority delegated to the Commissioner Phenylbutazone Injection lease bonus payments; waste treatment of Food and Drugs and redelegated to the and depollution services; and other Center for Veterinary Medicine, 21 CFR AGENCY: Food and Drug Administration, private services (language translation part 510 is amended as follows: HHS. services; salvage services; security ACTION: Final rule. services; account collection services; PART 510—NEW ANIMAL DRUGS satellite photography and remote SUMMARY: The Food and Drug sensing/satellite imagery services; space I 1. The authority citation for 21 CFR Administration (FDA) is amending the transport (includes satellite launches, part 510 continues to read as follows: animal drug regulations to reflect transport of goods and people for approval of an abbreviated new animal scientific experiments, and space Authority: 21 U.S.C. 321, 331, 351, 352, drug application (ANADA) filed by passenger transport); and transcription 353, 360b, 371, 379e. Sparhawk Laboratories, Inc. The services). I 2. Section 510.600 is amended in the ANADA provides for the veterinary * * * * * table in paragraph (c)(1) by revising the prescription use of phenylbutazone [FR Doc. 05–16305 Filed 8–16–05; 8:45 am] entry for ‘‘Peptech Animal Health Pty, injectable solution in horses for relief of BILLING CODE 3510–06–P Ltd.’’; and in the table in paragraph (c)(2) inflammatory conditions associated by revising the entry for ‘‘064288’’ to with the musculoskeletal system. read as follows: DATES: This rule is effective August 17, DEPARTMENT OF HEALTH AND 2005. § 510.600 Names, addresses, and drug HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: labeler codes of sponsors of approved John applications. K. Harshman, Center for Veterinary Food and Drug Administration Medicine (HFV 104), Food and Drug * * * * * Administration, 7500 Standish Pl., 21 CFR Part 510 (c) * * * Rockville, MD 20855, 240–276–9808, e- mail: [email protected]. New Animal Drugs; Change of (1) * * * Sponsor’s Address SUPPLEMENTARY INFORMATION: Sparhawk Drug labeler Laboratories, Inc., 12340 Santa Fe Trail AGENCY: Food and Drug Administration, Firm name and address code Dr., Lenexa , KS 66215–3591, filed HHS. ANADA 200–371 for the use of ACTION: Final rule. Phenylbutazone 20% Injection by ***** veterinary prescription for relief of SUMMARY: The Food and Drug Peptech Animal Health Pty, 064288 Ltd., 19–25 Khartoum inflammatory conditions associated Administration (FDA) is amending the with the musculoskeletal system in animal drug regulations to reflect a Rd., Macquarie Park, New South Wales 2113, horses. Sparhawk Laboratories, Inc.’s, change of sponsor’s address for Peptech Australia. Phenylbutazone 20% Injection is Animal Health Pty, Ltd. *****approved as a generic copy of Schering- DATES: This rule is effective August 17, Plough Animal Health Corp.’s, 2005. (2) * * * BUTAZOLIDIN Injectable 20%, FOR FURTHER INFORMATION CONTACT: approved under NADA 11–575. The David R. Newkirk, Center for Veterinary Drug labeler ANADA is approved as of July 8, 2005, Medicine (HFV–100), Food and Drug Firm name and ad- and the regulations in 21 CFR 522.1720 code dress Administration, 7500 Standish Pl., are amended to reflect the approval. The Rockville, MD 20855, 301–827–6967, e- basis of approval is discussed in the mail: [email protected]. *****freedom of information(FOI) summary. SUPPLEMENTARY INFORMATION: Peptech 064288 ...... Peptech Animal In accordance with the FOI provisions Animal Health Pty, Ltd., 35–41 Health Pty, Ltd., of 21 CFR part 20 and 21 CFR 19–25 Khartoum 514.11(e)(2)(ii), a summary of safety and Waterloo Rd., North Ryde, New South Rd., Macquarie Wales 2113, Australia has informed Park, New South effectiveness data and information FDA of a change of address to 19–25 Wales 2113, Aus- submitted to support approval of this Khartoum Rd., Macquarie Park, New tralia application may be seen in the Division South Wales 2113, Australia. *****of Dockets Management (HFA–305), Accordingly, the agency is amending Food and Drug Administration, 5630 the regulations in 21 CFR 510.600(c) to Fishers Lane, rm. 1061, Rockville, MD July 28, 2005. reflect the change. 20852, between 9 a.m. and 4 p.m., This rule does not meet the definition Bernadette A. Dunham, Monday through Friday. of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Deputy Director, Office of New Animal Drug The agency has determined under 21 it is a rule of ‘‘particular applicability.’’ Evaluation, Center for Veterinary Medicine. CFR 25.33(a)(1) that this action is of a Therefore, it is not subject to the [FR Doc. 05–16280 Filed 8–16–05; 8:45 am] type that does not individually or congressional review requirements in 5 BILLING CODE 4160–01–S cumulatively have a significant effect on U.S.C. 801–808. the human environment. Therefore,

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neither an environmental assessment ADDRESSES: Documents referred to in a.m. on October 15, 2005 to facilitate the nor an environmental impact statement this rule are available for inspection or American Heart Walk. is required. copying at the office of the Eighth Coast Regulatory Evaluation This rule does not meet the definition Guard District, Bridge Administration of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because Branch, 500 Poydras Street, New This rule is not a ‘‘significant it is a rule of ‘‘particular applicability.’’ Orleans, Louisiana 70130–3310, regulatory action’’ under section 3(f) of Therefore, it is not subject to the between 7 a.m. and 3 p.m., Monday Executive Order 12866, Regulatory congressional review requirements in 5 through Friday, except Federal holidays. Planning and Review, and does not U.S.C. 801–808. The telephone number is (504) 589– require an assessment of potential costs 2965. The Eighth District Bridge and benefits under section 6(a)(3) of that List of Subjects in 21 CFR Part 522 Administration Branch maintains the Order. The Office of Management and Animal drugs. public docket for this rulemaking. Budget has not reviewed it under that I Order. It is not ‘‘significant’’ under the Therefore, under the Federal Food, FOR FURTHER INFORMATION CONTACT: regulatory policies and procedures of Drug, and Cosmetic Act and under David Frank, Bridge Administration the Department of Homeland Security authority delegated to the Commissioner Branch, (504) 589–2965. of Food and Drugs and redelegated to the (DHS). This temporary rule will be Center for Veterinary Medicine, 21 CFR SUPPLEMENTARY INFORMATION: effective for only one hour and is part 522 is amended as follows: Good Cause for Not Publishing an therefore expected to have only a minor NPRM affect on the local economy. PART 522—IMPLANTATION OR Small Entities INJECTABLE DOSAGE FORM NEW We did not publish a notice of ANIMAL DRUGS proposed rulemaking (NPRM) for this Under the Regulatory Flexibility Act regulation. Under 5 U.S.C. 553(b)(B), the (5 U.S.C. 601–612), we have considered I 1. The authority citation for 21 CFR Coast Guard finds that good cause exists whether this rule would have a part 522 continues to read as follows: for not publishing an NPRM. Thousands significant economic impact on a Authority: 21 U.S.C. 360b. of pedestrians will cross the bridge substantial number of small entities. during the event and this temporary rule The term ‘‘small entities’’ comprises § 522.1720 [Amended] is necessary to ensure their safety as small businesses, not-for-profit I 2. Section 522.1720 is amended in they cross the bridge. Additionally, the organizations that are independently paragraph (b)(2) by removing ‘‘No. event will only impact the waterway owned and operated and are not 000010’’ and by adding in its place ‘‘Nos. users for one hour and will open for dominant in their fields, and 000010 and 058005’’. vessels in distress. governmental jurisdictions with populations of less than 50,000. Dated: July 26, 2005. Background and Purpose Stephen F. Sundlof, The Coast Guard certifies under 5 U.S.C. 605(b) that this temporary rule Director, Center for Veterinary Medicine. The American Heart Association, on will not have a significant economic [FR Doc. 05–16240 Filed 8–16–05; 8:45 am] behalf of the City of Panama City, has requested a temporary rule changing the impact on a substantial number of small BILLING CODE 4160–01–S operation of the Tarpon Dock bascule entities. span drawbridge across Massalina This rule may affect the following Bayou, mile 0.0, in Panama City, Bay entities, some of which may be small DEPARTMENT OF HOMELAND County, Florida. This temporary rule is entities: the owners or operators of SECURITY needed to accommodate approximately vessels intending to transit through the Tarpon dock bridge across Massalina Coast Guard 2,000 pedestrians that are expected to participate in a 3.5-mile walk. The Bayou during the closure. There is not expected to be a significant impact due 33 CFR Part 117 bridge is near the beginning of the walk and allowing the bridge to open for to the short duration of the closure and [CGD08–05–040] navigation during this short time period the publicity given to the event. would disrupt the event and could RIN 1625–AA09 Assistance for Small Entities result in injury. The bridge has a Drawbridge Operation Regulation; vertical clearance of 7 feet above mean Under section 213(a) of the Small Massalina Bayou, Panama City, FL high water in the closed-to-navigation Business Regulatory Enforcement position and unlimited in the open-to- Fairness Act of 1996 (Public Law 104– AGENCY: Coast Guard, DHS. navigation position. Navigation on the 121), we want to assist small entities in ACTION: Temporary rule. waterway consists primarily of understanding this rule so that they can commercial fishing vessels, sailing better evaluate its effects on them and SUMMARY: The Commander, Eighth vessels and other recreational craft. participate in the rulemaking process. Coast Guard District, has temporarily Presently, Title 33, Code of Federal Small businesses may send comments changed the regulation governing the Regulations (CFR), Part 117.301 states: on the actions of Federal employees operation of the Tarpon Dock bascule The draw of the Tarpon Dock bascule who enforce, or otherwise determine span drawbridge across Massalina span bridge, Massalina Bayou, mile 0.0, compliance with, Federal regulations to Bayou, mile 0.0, at Panama City, Bay shall open on signal; except that from 9 the Small Business and Agriculture County, Florida. The regulation will p.m. until 11 p.m. on July 4, each year, Regulatory Enforcement Ombudsman allow the draw of the bridge to remain the draw need not open for the passage and the Regional Small Business closed to navigation for one hour to of vessels. The draw will open at any Regulatory Fairness Boards. The facilitate the American Heart Walk. time for a vessel in distress. This Ombudsman evaluates these actions DATES: This temporary rule is effective temporary rule will allow the bridge to annually and rates each agency’s from 9 a.m. to 10 a.m. on October 15, be maintained in the closed-to- responsiveness to small business. If you 2005. navigation position from 9 a.m. to 10 wish to comment on actions by

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employees of the Coast Guard, call 1– Federal Government and Indian tribes, Regulations 888–REG–FAIR (1–888–734–3247). or on the distribution of power and I responsibilities between the Federal For the reasons set out in the preamble, Collection of Information the Coast Guard amends 33 CFR part 117 Government and Indian tribes. This rule calls for no new collection as follows: of information under the Paperwork Energy Effects PART 117—DRAWBRIDGE Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under OPERATION REGULATIONS 3520). Executive Order 13211, Actions I Federalism Concerning Regulations That 1. The authority citation for part 117 continues to read as follows: A rule has implications for federalism Significantly Affect Energy Supply, under Executive Order 13132, Distribution, or Use. We have Authority: 33 U.S.C. 499; Department of Homeland Security Delegation No. 0170.1; 33 Federalism, if it has a substantial direct determined that it is not a ‘‘significant energy action’’ under that order because CFR 1.05–1(g); section 117.255 also issued effect on State or local governments and under the authority of Pub. L. 102–587, 106 would either preempt State law or it is not a ‘‘significant regulatory action’’ Stat. 5039. impose a substantial direct cost of under Executive Order 12866 and is not compliance on them. We have analyzed likely to have a significant adverse effect I 2. Effective 9 a.m. until 10 a.m. on this rule under that Order and have on the supply, distribution, or use of October 15, 2005, § 117.301 is determined that it does not have energy. The Administrator of the Office temporarily suspended and a new implications for federalism. of Information and Regulatory Affairs § 117.T302 is added to read as follows: has not designated it as a significant § 117.T302 Massalina Bayou. Unfunded Mandates Reform Act energy action. Therefore, it does not The Unfunded Mandates Reform Act require a Statement of Energy Effects The draw of the Tarpon Dock bascule of 1995 (2 U.S.C. 1531–1538) requires under Executive Order 13211. span bridge, Massalina Bayou, mile 0.0, Federal agencies to assess the effects of shall open on signal; except that from 9 their discretionary regulatory actions. In Technical Standards a.m. until 10 a.m. on October 15, 2005, the draw need not open for the passage particular, the Act addresses actions The National Technology Transfer that may result in the expenditure by a of vessels. The draw will open at any and Advancement Act (NTTAA) (15 time for a vessel in distress. State, local, or tribal government, in the U.S.C. 272 note) directs agencies to use aggregate, or by the private sector of voluntary consensus standards in their Dated: August 5, 2005. $100,000,000 or more in any one year. regulatory activities unless the agency Kevin L. Marshall, Though this rule will not result in such provides Congress, through the Office of Captain, U.S. Coast Guard, Commander 8th an expenditure, we do discuss the Management and Budget, with an Coast Guard Dist. Acting. effects of this rule elsewhere in the explanation of why using these [FR Doc. 05–16284 Filed 8–16–05; 8:45 am] preamble. standards would be inconsistent with BILLING CODE 4910–15–P Taking of Private Property applicable law or otherwise impractical. Voluntary consensus standards are This rule will not affect a taking of technical standards (e.g. specifications DEPARTMENT OF HOMELAND private property or otherwise have of materials, performance, design, or SECURITY taking implications under Executive operation; test methods; sampling Order 12630, Governmental Actions and Coast Guard Interference with Constitutionally procedures; and related management Protected Property Rights. systems practices) that are developed or 33 CFR Part 165 adopted by voluntary consensus Civil Justice Reform standards bodies. [CGD13–05–034]

This rule meets applicable standards This rule does not use technical RIN 1625–AA87 in sections 3(a) and 3(b)(2) of Executive standards. Therefore, we did not Order 12988, Civil Justice Reform, to consider the use of voluntary consensus Security Zone; Port Townsend minimize litigation, eliminate standards. Waterway, Puget Sound, WA, Naval ambiguity, and reduce burden. Environment Exercise Protection of Children AGENCY: Coast Guard, DHS. We have analyzed this rule under We have analyzed this rule under Commandant Instruction M16475.lD, ACTION: Temporary final rule. Executive Order 13045, Protection of which guides the Coast Guard in Children from Environmental Health SUMMARY: The Coast Guard is complying with the National Risks and Safety Risks. This rule is not establishing a temporary security zone Environmental Policy Act of 1969 an economically significant rule and for Naval and Army vessels while (NEPA) (42 U.S.C. 4321–4370f), and does not cause an environmental risk to conducting ammunitions transfers in a have concluded that there are no factors health or risk to safety that may designated area near Indian Island, in this case that would limit the use of disproportionately affect children. Washington. The Coast Guard is taking a categorical exclusion under section this action to provide safety and Indian Tribal Governments 2.B.2 of the Instruction. Therefore, this security for Naval and Army vessels This rule does not have tribal temporary rule is categorically from terrorism, sabotage, other implications under Executive Order excluded, under figure 2–1, paragraph subversive acts, to allow sufficient 13175, Consultation and Coordination (32)(e) of the Instruction, from further maneuvering area for the vessel, and to with Indian Tribal Governments, environmental documentation. maintain a sufficient blast radius from because it does not have a substantial List of Subjects in 33 CFR Part 117 land in an event of an accident. Entry direct effect on one or more Indian into this zone is prohibited unless tribes, on the relationship between the Bridges. authorized by the Captain of the Port,

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Puget Sound or his designated persons who commit, threaten to Budget has not reviewed it under that representatives. commit or support terrorism)). Order. It is not ‘‘significant’’ under the The President also has found regulatory policies and procedures of DATES: This rule is effective from 6 a.m. pursuant to law, including the the Department of Homeland Security PDT on August 9, 2005 to 11:59 p.m. Magnuson Act (50 U.S.C. 191 et. seq.), (DHS). PDT on August 20, 2005. that the security of the United States is ADDRESSES: Documents indicated in this and continues to be endangered Small Entities preamble as being available in the following the attacks (E.O. 13,273, 67 FR Under the Regulatory Flexibility Act docket are part of docket CGD13–05– 56215 (Sept. 3, 2002) (security (5 U.S.C. 601–612), we have considered 034 and are available for inspection or endangered by disturbances in whether this rule would have a copying at the Waterways Management international relations of U.S. and such significant economic impact on a Division, Coast Guard Sector Seattle, disturbances continue to endanger such substantial number of small entities. 1519 Alaskan Way South, Seattle, WA relations)). Moreover, the ongoing The term ‘‘small entities’’ comprises 98134, between 8 a.m. and 3 p.m., hostilities in Afghanistan and Iraq make small businesses, not-for-profit Monday through Friday, except Federal it prudent for U.S. ports and waterways organizations that are independently holidays. to be on a higher state of alert because owned and operated and are not FOR FURTHER INFORMATION CONTACT: the Al Qaeda organization and other dominant in their fields, and Lieutenant Junior Grade Jessica Hagen, similar organizations have declared an governmental jurisdictions with Waterways Management Division, Coast ongoing intention to conduct armed populations of less than 50,000. This Guard Sector Seattle, at (206) 217–6040. attacks on U.S. interests worldwide. zone will not have a significant The Coast Guard, through this action, economic impact due to its short SUPPLEMENTARY INFORMATION: intends to assist the U.S. Navy in duration and small area. Because the Regulatory Information protecting assets in the Port Townsend impacts of this proposal are expected to Waterway by establishing security zones be minimal, the Coast Guard certifies We did not publish a notice of and notification requirements that will proposed rulemaking (NPRM) for this under 5 U.S.C. 605(b) that this rule will exclude persons and vessels from this not have a significant economic impact regulation. Under 5 U.S.C. 553(b)(B) and waterway and from the immediate (d)(3), the Coast Guard finds that good on a substantial number of small vicinity of these vessels. Entry into this entities. cause exists for not publishing an NPRM zone will be prohibited unless and for making this rule effective less If you believe that your business, authorized by the Captain of the Port or organization, or governmental than 30 days after publication in the his designee. The Captain of the Port Federal Register. Publishing a NPRM jurisdiction qualifies as a small entity may be assisted by other Federal, State, and that this rule would have a would be contrary to public interest. or local agencies. Due to the nature of the event, the Coast significant economic impact on it, Guard was not notified by the United Discussion of Rule please submit a comment (see ADDRESSES) explaining why you believe States Navy of final details concerning This temporary final rule is the exercise until less than 30 days prior it qualifies and how and to what degree established to maintain a distance in this rule would economically affect it. to the date of the event. Moreover, accordance with Naval Magazine Indian immediate action is necessary to Island’s (NAVMAG) ‘‘Explosive Safety Assistance for Small Entities safeguard Naval and Army vessels from Quantity-Distance’’ (ESQD) Arcs, and Under section 213(a) of the Small terrorism, sabotage, other subversive for safety and security concerns controls Business Regulatory Enforcement acts, or accident. If normal notice and vessel movement in and around the Port Fairness Act of 1996 (Pub. L. 104–121), comment procedures were followed, Townsend Waterway, Puget Sound, we want to assist small entities in this rule would not become effective WA. understanding the rule so that they soon enough to provide necessary This temporary final rule establishes could better evaluate its effects on them protection to the Port Townsend a security zone controlling all vessel and participate in the rulemaking Waterway and the Naval and Army movement in the Port Townsend process. vessels from the threats posed by hostile Waterway, Puget Sound, WA which entities. For this reason, following includes all waters enclosed in an area Collection of Information normal rulemaking procedures in this with the following points: 48°04′40″ N, This rule calls for no new collection case would be impracticable and 122°44′31″ W; then northwesterly to of information under the Paperwork contrary to the public interest. 48°04′59.5″ N, 122°44′52″ W; then Reduction Act of 1995 (44 U.S.C. 3501– ° ′ ″ Background and Purpose northwesterly to 48 05 35 N, 3520). 122°45′17″ W; then southwesterly to Hostile entities continue to operate 48°05′20″ N, 122°45′50″ W; then Federalism with the intent to harm U.S. National southeasterly to 48°02′39″ N, 122°44′46″ A rule has implications for federalism Security by attacking or sabotaging W; then easterly to 48°02′42″ N, under Executive Order 13132, national security assets. The President 122°44′17″ W; then northerly along the Federalism, if it has a substantial direct has continued the national emergencies shoreline of the Indian Island to the effect on State or local governments and he declared following the September 11, point of origin. [Datum: NAD 1983]. would either preempt State law or 2001 terrorist attacks. 67 FR 58317 impose a substantial direct cost of Regulatory Evaluation ((Sept. 13, 2002) (continuing national compliance on them. We have analyzed emergency with respect to terrorist This rule is not a ‘‘significant this rule under that Order and have attacks)); 67 FR 59447 ((Sept. 20, 2002) regulatory action’’ under section 3(f) of determined that it does not have (continuing national emergency with Executive Order 12866, Regulatory implications for federalism. respect to persons who commit, threaten Planning and Review, and does not to commit or support terrorism)); 68 FR require an assessment of potential costs Unfunded Mandates Reform Act 55189 ((Sept. 22, 2003) (continuing and benefits under section 6(a)(3) of that The Unfunded Mandates Reform Act national emergency with respect to Order. The Office of Management and of 1995 (2 U.S.C. 1531–1538) requires

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Federal agencies to assess the effects of Technical Standards a temporary § 165.T13–014 is added to their discretionary regulatory actions. In The National Technology Transfer read as follows: particular, the Act addresses actions and Advancement Act (NTTAA) (15 § 165.T13–014 Security Zone Regulations, that may result in the expenditure by a U.S.C. 272 note) directs agencies to use Port Townsend Waterway, Puget Sound, State, local, or tribal government, in the voluntary consensus standards in their Washington. aggregate, or by the private sector of regulatory activities unless the agency (a) Port Townsend Waterway Security $100,000,000 or more in any one year. provides Congress, through the Office of Zone: A security zone controlling all Though this rule will not result in such Management and Budget, with an vessel movement exists in the Port an expenditure, we do discuss the explanation of why using these Townsend Blair waterway, Puget effects of this rule elsewhere in this standards would be inconsistent with Sound, WA which includes all waters preamble. applicable law or otherwise impractical. enclosed by the following points: Taking of Private Property Voluntary consensus standards are 48°40′40″ N, 122°44′31″ W; then technical standards (e.g., specifications northwesterly to 48°04′59.5″ N, This rule will not effect a taking of of materials, performance, design, or 122°44′52″ W; then northwesterly to private property or otherwise have operation; test methods; sampling 48°05′35″ N, 122°45′17″ W; then taking implications under Executive procedures; and related management southwesterly to 48°05′20″ N, Order 12630, Governmental Actions and systems practices) that are developed or 122°45′50″ W; then southeasterly to Interference with Constitutionally adopted by voluntary consensus 48°02′39″ N, 122°44′46″ W; then easterly Protected Property Rights. standards bodies. to 48°02′42″ N, 122°44′17″ W; then This rule does not use technical Civil Justice Reform northerly along the shoreline of the standards. Therefore, we did not Indian Island to the point of origin. This rule meets applicable standards consider the use of voluntary consensus [Datum: NAD 1983]. in sections 3(a) and 3(b)(2) of Executive standards. (b) Regulations. The general Order 12988, Civil Justice Reform, to Environment regulations in 33 CFR part 165, subpart minimize litigation, eliminate D, apply to the security zone described ambiguity, and reduce burden. We have analyzed this rule under in paragraph (a) of this section. No Commandant Instruction M16475.lD, Protection of Children person or vessel may enter this security which guides the Coast Guard in zone unless authorized by the Captain We have analyzed this rule under complying with the National of the Port or his designated Executive Order 13045, Protection of Environmental Policy Act of 1969 representatives. Vessels and persons Children from Environmental Health (NEPA) (42 U.S.C. 4321–4370f), and granted authorization to enter the Risks and Safety Risks. This rule is not have concluded that there are no factors security zone must obey all lawful an economically significant rule and in this case that would limit the use of orders or directions of the Captain of the does not create an environmental risk to a categorical exclusion under section Port or his designated representatives. health or risk to safety that may 2.B.2 of the Instruction. Therefore, this The Captain of the Port may be assisted disproportionately affect children. rule is categorically excluded, under by other federal, state, or local agencies figure 2–1, paragraph (34)(g), of the Indian Tribal Governments in enforcing this section pursuant to 33 Instruction, from further environmental CFR 6.04–11. This rule does not have tribal documentation. The environmental analysis and Categorical Exclusion Dated: August 4, 2005. implications under Executive Order Stephen P. Metruck, 13175, Consultation and Coordination Determination will be prepared and be available in the docket for inspection Captain, U.S. Coast Guard, Captain of the with Indian Tribal Governments, Port, Puget Sound. because it does not have a substantial and copying where indicated under [FR Doc. 05–16286 Filed 8–16–05; 8:45 am] direct effect on one or more Indian ADDRESSES. All standard environmental tribes, on the relationship between the measures remain in effect. BILLING CODE 4910–15–P Federal Government and Indian tribes, List of Subjects in 33 CFR Part 165 or on the distribution of power and Harbors, Marine safety, Navigation POSTAL RATE COMMISSION responsibilities between the Federal (water), Reporting and recordkeeping Government and Indian tribes. requirements, Security measures, 38 CFR 3001, 3002 AND 3003 Energy Effects Waterways. [Docket No. RM2005–4; Order No. 1442] We have analyzed this rule under Temporary Final Rule Nomenclature Changes Executive Order 13211, Actions I For the reasons set out in the preamble, Concerning Regulations That the Coast Guard amends Part 165 of Title AGENCY: Postal Rate Commission. Significantly Affect Energy Supply, 33, Code of Federal Regulations, as ACTION: Final rule. Distribution, or Use. We have follows: determined that it is not a ‘‘significant SUMMARY: The Commission is adopting energy action’’ under that order because PART 165—[AMENDED] minor nomenclature changes in it is not a ‘‘significant regulatory action’’ provisions appearing in the Code of under Executive Order 12866 and is not I 1. The authority citation for Part 165 Federal Regulations, including the rules likely to have a significant adverse effect continues to read as follows: of practice. The changes reflect the on the supply, distribution, or use of Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. agency’s relocation of its physical energy. The Administrator of the Office Chapter 701; 50 U.S.C. 191, 195; 33 CFR offices. Adoption of these changes will of Information and Regulatory Affairs 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. provide the public with accurate has not designated it as a significant 107–295, 116 Stat. 2064; Department of information about the Commission’s Homeland Security Delegation No. 0170.1. energy action. Therefore, it does not new address. require a Statement of Energy Effects I 2. From 6 a.m. PDT on August 9, 2005, DATES: These changes are effective under Executive Order 13211. to 11:59 p.m. PDT on August 20, 2005, August 29, 2005.

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ADDRESSES: Submit comments PART 3001—RULES OF PRACTICE DATES: This final rule is effective on electronically via the Commission’s AND PROCEDURE September 16, 2005. Filing Online system, which can be ADDRESSES: EPA has established a I 1. The authority citation for part 3001 accessed at http://www.prc.gov. docket for this action under Regional continues to read as follows: FOR FURTHER INFORMATION CONTACT: Material in EDocket (RME) ID Number Authority: 39 U.S.C. 404(b); 3603; 3622– R03–OAR–2005–VA–0004. All Stephen L. Sharfman, General Counsel, 24; 3661; 3662; 3663. 202–789–6818. documents in the docket are listed in I 2. Amend part 3001 by replacing the the RME index at http:// SUPPLEMENTARY INFORMATION: This order words ‘‘1333 H Street NW., Suite 3000,’’ www.docket.epa.gov/rmepub/. Once in provides notice of the Commission’s wherever they appear with the words the system, select ‘‘quick search,’’ then adoption of minor nomenclature ‘‘901 New York Avenue NW., Suite 200.’’ key in the appropriate RME changes in various provisions codified identification number. Although listed at 39 CFR parts 3001 through 3003. PART 3002—RULES OF PRACTICE in the electronic docket, some These changes are required because the AND PROCEDURE information is not publicly available, Commission is relocating from 1333 H i.e., confidential business information I 1. The authority citation for part 3002 Street, NW., Suite 300, Washington, DC (CBI) or other information whose continues to read as follows: 20268–0001 to 901 New York Avenue, disclosure is restricted by statute. NW., Suite 200, Washington, DC 20268– Authority: 39 U.S.C. 3603; 5 U.S.C. 552. Certain other material, such as 0001. The effective date of the changes I 2. Amend part 3002 by replacing the copyrighted material, is not placed on is August 29, 2005. The revisions do not words ‘‘1333 H Street NW., Suite 300,’’ the Internet and will be publicly entail any changes to existing telephone wherever they appear with the words available only in hard copy form. numbers, ZIP Code, e-mail addresses or ‘‘901 New York Avenue NW., Suite Publicly available docket materials are the Commission’s Web site address 200,’’. available either electronically in RME or (http://www.prc.gov). in hard copy for public inspection PART 3003–PRIVACY ACT RULES I. Physical address during normal business hours at the Air Protection Division, U.S. Environmental I 1. The authority citation for part 3003 Protection Agency, Region III, 1650 References to the Commission’s continues to read as follows: current physical address are being Arch Street, Philadelphia, Pennsylvania replaced whenever they appear with the Authority: Privacy Act of 1974 (Pub. L. 19103. Copies of the State submittal are Commission’s new physical address. 93–579); 5 U.S.C. 552a. available at the Virginia Department of This affects 39 CFR 3001.9; 43(e)(4)(i); I 2. Amend part 3003 by replacing the Environmental Quality, 629 East Main 3001.110 and 116; 39 CFR 3002.3(c); words ‘‘1333 H Street NW., Suite 300,’’ Street, Richmond, Virginia 23219. and 39 CFR 3003.3. wherever they appear with the words FOR FURTHER INFORMATION CONTACT: ‘‘901 New York Avenue NW., Suite 200.’’ Ellen Wentworth, (215) 814–2034, or by II. Notice of Adoption of Changes and e-mail at [email protected]. Effective Date [FR Doc. 05–16219 Filed 8–16–05; 8:45 am] BILLING CODE 7910–FW–M SUPPLEMENTARY INFORMATION: Given the nature and limited extent of I. Background these changes, the Commission is adopting them as a direct final rule. The ENVIRONMENTAL PROTECTION On May 17, 2005 (70 FR 28252), EPA effective date is August 29, 2005, which AGENCY published a notice of proposed coincides with the continuation of rulemaking (NPR) for the official business at the new location. 40 CFR Part 52 Commonwealth of Virginia. The NPR proposed approval of the attainment The Commission directs the Secretary to [R03–OAR–2005–VA–0004; FRL–7954–1] arrange for publication of this order in demonstration and Early Action Plan the Federal Register. Approval and Promulgation of Air (EAP) for the Roanoke MSA Ozone EAC Area, which consists of the Counties of It is ordered: Quality Implementation Plans; Virginia; Attainment Demonstration for the Botetourt and Roanoke, the Cities of 1. The Commission adopts the Roanoke Metropolitan Statistical Area Roanoke and Salem, and the Town of nomenclature changes referred to in the (MSA) Ozone Early Action Compact Vinton. The formal SIP revision was body of this order, effective August 29, Area submitted by the Virginia Department of 2005. Environmental Quality on December 21, AGENCY: Environmental Protection 2004, and supplemented on February 2. The Secretary shall arrange for Agency (EPA). 17, 2005. Other specifics of the publication of this order in the Federal Commonwealth’s SIP revision for the Register. ACTION: Final rule. Roanoke MSA Ozone EAC Area, and the Issued: August 10, 2005. SUMMARY: EPA is taking final action to rationale for EPA’s proposed action are By the Commission. approve a revision to the explained in the NPR and will not be Steven W. Williams, Commonwealth of Virginia State restated here. On June 16, 2005, EPA Secretary. Implementation Plan (SIP). This received adverse comments on its May revision consists of an Early Action 17, 2005 NPR. A summary of the List of Subjects in 39 CFR Parts 3001, Compact (EAC) Plan that will enable the comments submitted and EPA’s 3002 and 3003 Roanoke Metropolitan Statistical Area responses are provided in Section II of (MSA) Ozone EAC Area to demonstrate Administrative practice and this document. attainment and maintenance of the 8- procedure, Postal Service. hour ozone national ambient air quality II. Summary of Public Comments and I For the reasons stated in the preamble, (NAAQS) standard. This action is being EPA Responses the Commission amends 39 CFR parts taken under the Clean Air Act (CAA or Comment: Several commenters 3001, 3002, and 3003 as follows: Act). expressed support for the compact

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process, the goal of clean air sooner, the pollution levels sooner will enjoy the section 172(c)(1) (requiring incentives and flexibility the program health benefits of cleaner air sooner nonattainment areas to submit plans provides for encouraging early than might otherwise occur. EPA demonstrating attainment of the reductions of ozone-forming pollution, believes this proactive approach NAAQS). The commenter has provided and the deferred effective date of involving multiple, diverse stakeholders no substantive reason why this plan nonattainment designations. is beneficial to the citizens of the area does not demonstrate attainment and Response: EPA acknowledges the by raising awareness of the need to maintenance of the 8-hour standard. comments of support for our final adopt and implement measures that will Therefore, this action approving the action. reduce emissions and improve air attainment demonstration and Comment: One commenter opposes quality. maintenance plan is appropriate. the approval of the SIP revision for the EPA disagrees with the comments that Roanoke MSA Ozone EAC Area because this action on the SIP revision for the III. General Information Pertaining to the Area is in violation of the 8-hour Roanoke MSA Ozone EAC Area defers SIP Submittals From the ozone standard. The commenter also the nonattainment designation for this Commonwealth of Virgina states that the SIP revision provides for Area. In our May 17, 2005 NPR (70 FR In 1995, Virginia adopted legislation the deferment of a nonattainment 28252), EPA proposed approval of an that provides, subject to certain designation until a future date, attainment demonstration and EAP SIP conditions, for an environmental potentially as late as December 31, 2007, revision for the Roanoke MSA Ozone assessment (audit) ‘‘privilege’’ for and relieves the Area of obligations EAC Area. This SIP revision includes an voluntary compliance evaluations under Title I, part D of the CAA. attainment demonstration which performed by a regulated entity. The Although the commenter is supportive demonstrates attainment of the 8-hour legislation further addresses the relative of the goal of addressing proactively the ozone NAAQS in the Roanoke MSA burden of proof for parties either public health concerns associated with Ozone EAC Area by December 31, 2007, asserting the privilege or seeking ozone pollution, the commenter and also demonstrates maintenance of disclosure of documents for which the believes that EPA does not have the the 8-hour NAAQS for five years privilege is claimed. Virginia’s legal authority to defer effective dates of following the attainment date. As noted legislation also provides, subject to designations or to allow areas to be in the proposed action, approval of the certain conditions, for a penalty waiver relieved of obligations under Title I, part attainment demonstration and EAP for violations of environmental laws D of the CAA while they are violating constitutes one of several milestones when a regulated entity discovers such the 8-hour ozone standard, or are that an area must meet in order to violations pursuant to a voluntary designated nonattainment of that participate in the EAC process. While compliance evaluation and voluntarily standard. approval of this plan is a prerequisite discloses such violations to the Response: EPA first announced the for an extension of the deferred effective Commonwealth and takes prompt and EAC process in a June 19, 2002 letter date of the designation of this Area, see appropriate measures to remedy the from Gregg Cooke, Administrator, EPA 40 CFR 81.300(e)(3), neither the violations. Virginia’s Voluntary Region VI to Robert Huston, Texas proposed approval of this SIP revision Environmental Assessment Privilege Commission on Environmental Quality, nor this final action approving the SIP Law, Va. Code Sec. 10.1–1198, provides followed by a November 14, 2002 revision purports to extend the deferral a privilege that protects from disclosure memorandum from Jeffrey R. of the effective date of the documents and information about the Holmstead, Assistant Administrator, nonattainment designation for this Area. content of those documents that are the EPA’s Office of Air and Radiation to the In a separate rulemaking (69 FR 23858, product of a voluntary environmental EPA Regional Administrators, entitled, April 30, 2004), EPA deferred the assessment. The Privilege Law does not ‘‘Schedule for 8-Hour Ozone effective date of the air quality extend to documents or information: (1) Designations and its Effect on Early designations of all 14 EAC areas to That are generated or developed before Action Compacts.’’ EPA formalized the September 30, 2005. In the April 30, the commencement of a voluntary EAC process in the designation 2004 final rule, EPA responded to environmental assessment; (2) that are rulemaking on April 30, 2004 (69 FR comments received during the comment prepared independently of the 23858). In the designation rule, EPA period for this final rule. In a separate assessment process; (3) that demonstrate designated 14 EAC areas as proposed rule (70 FR 33409, June 8, a clear, imminent and substantial nonattainment, but deferred the 2005), EPA proposed to extend the danger to the public health or effective date of the designation until deferral of the effective date of the air environment; or (4) that are required by September 30, 2005. The EAC program quality designations for these 14 EAC law. gives local areas the flexibility to areas. EPA will consider comments On January 12, 1998, the develop their own approach to meeting regarding its legal authority in the final Commonwealth of Virginia Office of the the 8-hour ozone standard, provided the rule associated with the June 8, 2005 Attorney General provided a legal participating communities are serious in proposed rule. opinion that States that the Privilege their commitment to control emissions Regardless of whether EPA’s separate law, Va. Code Sec. 10.1–1198, precludes from local sources earlier than the CAA actions deferring the effective date of granting a privilege to documents and would otherwise require. By involving the nonattainment designation for this information ‘‘required by law,’’ diverse stakeholders, including Area are appropriate, EPA sees no basis including documents and information representatives from industry, local and to disapprove the attainment and ‘‘required by Federal law to maintain State governments, and local maintenance plan. The provisions of the program delegation, authorization or environmental citizens’ groups, a statute generally provide that areas must approval,’’ since Virginia must ‘‘enforce number of communities are discussing demonstrate attainment and Federally authorized environmental for the first time the need for regional maintenance of the NAAQS. See, e.g., programs in a manner that is no less cooperation in solving air quality CAA section 110(a)(1) (requiring areas stringent than their Federal counterparts problems that affect the health and to submit plans providing for ***.’’ The opinion concludes that welfare of its citizens. People living in ‘‘implementation, maintenance, and ‘‘[r]egarding § 10.1–1198, therefore, these areas that achieve reductions in enforcement’’ of each NAAQS) and CAA documents or other information needed

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for civil or criminal enforcement under therefore is not subject to review by the to use VCS in place of a SIP submission one of these programs could not be Office of Management and Budget. For that otherwise satisfies the provisions of privileged because such documents and this reason, this action is also not the Clean Air Act. Thus, the information are essential to pursuing subject to Executive Order 13211, requirements of section 12(d) of the enforcement in a manner required by ‘‘Actions Concerning Regulations That National Technology Transfer and Federal law to maintain program Significantly Affect Energy Supply, Advancement Act of 1995 (15 U.S.C. delegation, authorization or approval.’’ Distribution, or Use’’ (66 FR 28355, May 272 note) do not apply. This rule does Virginia’s Immunity law, Va. Code 22, 2001). This action merely approves not impose an information collection Sec. 10.1–1199, provides that ‘‘[t]o the State law as meeting Federal burden under the provisions of the extent consistent with requirements requirements and imposes no additional Paperwork Reduction Act of 1995 (44 imposed by Federal law,’’ any person requirements beyond those imposed by U.S.C. 3501 et seq.). making a voluntary disclosure of State law. Accordingly, the B. Submission to Congress and the information to a State agency regarding Administrator certifies that this rule Comptroller General a violation of an environmental statute, will not have a significant economic regulation, permit, or administrative impact on a substantial number of small The Congressional Review Act, 5 order is granted immunity from entities under the Regulatory Flexibility U.S.C. 801 et seq., as added by the Small administrative or civil penalty. The Act (5 U.S.C. 601 et seq.). Because this Business Regulatory Enforcement Attorney General’s January 12, 1998 rule approves pre-existing requirements Fairness Act of 1996, generally provides opinion states that the quoted language under State law and does not impose that before a rule may take effect, the renders this statute inapplicable to any additional enforceable duty beyond agency promulgating the rule must enforcement of any federally authorized that required by State law, it does not submit a rule report, which includes a programs, since ‘‘no immunity could be contain any unfunded mandate or copy of the rule, to each House of the afforded from administrative, civil, or significantly or uniquely affect small Congress and to the Comptroller General criminal penalties because granting governments, as described in the of the United States. EPA will submit a such immunity would not be consistent Unfunded Mandates Reform Act of 1995 report containing this rule and other with Federal law, which is one of the (Pub. L. 104–4). This rule also does not required information to the U.S. Senate, criteria for immunity.’’ have tribal implications because it will the U.S. House of Representatives, and Therefore, EPA has determined that not have a substantial direct effect on the Comptroller General of the United Virginia’s Privilege and Immunity one or more Indian tribes, on the States prior to publication of the rule in statutes will not preclude the relationship between the Federal the Federal Register. This rule is not a Commonwealth from enforcing its Government and Indian tribes, or on the ‘‘major rule’’ as defined by 5 U.S.C. program consistent with the Federal distribution of power and 804(2). requirements. In any event, because responsibilities between the Federal C. Petitions for Judicial Review EPA has also determined that a State Government and Indian tribes, as Under section 307(b)(1) of the Clean audit privilege and immunity law can specified by Executive Order 13175 (65 Air Act, petitions for judicial review of affect only State enforcement and FR 67249, November 9, 2000). This this action must be filed in the United cannot have any impact on Federal action also does not have federalism States Court of Appeals for the enforcement authorities, EPA may at implications because it does not have appropriate circuit by October 17, 2005. any time invoke its authority under the substantial direct effects on the States, Filing a petition for reconsideration by Clean Air Act, including, for example, on the relationship between the the Administrator of this final rule does sections 113, 167, 205, 211 or 213, to National Government and the States, or not affect the finality of this rule for the enforce the requirements or prohibitions on the distribution of power and purposes of judicial review nor does it of the State plan, independently of any responsibilities among the various extend the time within which a petition State enforcement effort. In addition, levels of government, as specified in for judicial review may be filed, and citizen enforcement under section 304 Executive Order 13132 (64 FR 43255, shall not postpone the effectiveness of of the Clean Air Act is likewise August 10, 1999). This action merely unaffected by this, or any, State audit such rule or action. approves a State rule implementing a This action, approving the attainment privilege or immunity law. Federal requirement, and does not alter demonstration and the EAP for the IV. Final Action the relationship or the distribution of Roanoke MSA Ozone EAC Area, may power and responsibilities established not be challenged later in proceedings to EPA is approving the attainment in the Clean Air Act. This rule also is demonstration and the EAP for the enforce its requirements. (See section not subject to Executive Order 13045 307(b)(2).) Roanoke MSA Ozone EAC Area. The ‘‘Protection of Children from modeling of the ozone and ozone Environmental Health Risks and Safety List of Subjects in 40 CFR Part 52 precursor emissions from sources Risks’’ (62 FR 19885, April 23, 1997), Environmental protection, Air affecting the Roanoke MSA Ozone EAC because it is not economically pollution control, Nitrogen dioxide, Area demonstrates that the specified significant. Ozone, Reporting and recordkeeping control strategies will provide for In reviewing SIP submissions, EPA’s requirements, Volatile organic attainment of the 8-hour ozone NAAQS role is to approve State choices, compounds. by December 31, 2007, and maintenance provided that they meet the criteria of of that standard through 2012. Dated: August 9, 2005. the Clean Air Act. In this context, in the Donald S. Welsh, absence of a prior existing requirement V. Statutory and Executive Order Regional Administrator, Region III. Reviews for the State to use voluntary consensus standards (VCS), EPA has no authority I 40 CFR part 52 is amended as follows: A. General Requirements to disapprove a SIP submission for PART 52—[AMENDED] Under Executive Order 12866 (58 FR failure to use VCS. It would thus be 51735, October 4, 1993), this action is inconsistent with applicable law for I 1. The authority citation for part 52 not a ‘‘significant regulatory action’’ and EPA, when it reviews a SIP submission, continues to read as follows:

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Authority: 42 U.S.C. 7401 et seq. Action Plan for the Roanoke MSA Early § 52.2420 Identification of plan. Action Compact Area in paragraph (e) is * * * * * Subpart VV—Virginia added at the end of the table to read as (e) * * * I 2. In § 52.2420, the entry for the follows: Attainment Demonstration and the Early

EPA APPROVED NONREGULATORY AND QUASI-REGULATORY MATERIAL

State sub- Additional Name of non-regulatory SIP revision Applicable geographic area mittal date EPA approval date explanation

******* Attainment Demonstration and Early Action Plan Botetourt County, Roanoke City, 12/21/04, 8/17/05 [Insert Federal for the Roanoke MSA Ozone Early Action Roanoke County, and Salem City. 2/15/05 Register page num- Compact Area. ber where the docu- ment begins].

[FR Doc. 05–16294 Filed 8–16–05; 8:45 am] copyrighted material, is not placed on process, the goal of clean air sooner, the BILLING CODE 6560–50–P the Internet and will be publicly incentives and flexibility the program available only in hard copy form. provides for encouraging early Publicly available docket materials are reductions of ozone-forming pollution, ENVIRONMENTAL PROTECTION available either electronically in RME or and the deferred effective date of AGENCY in hard copy for public inspection nonattainment designations. during normal business hours at the Air Response: EPA acknowledges the 40 CFR Part 52 Protection Division, U.S. Environmental comments of support for our final [R03–OAR–2005–VA–0005; FRL–7954–4] Protection Agency, Region III, 1650 action. Arch Street, Philadelphia, Pennsylvania Comment: One commenter opposes Approval and Promulgation of Air 19103. Copies of the State submittal are the approval of the SIP revision for the Quality Implementation Plans; Virginia; available at the Virginia Department of Northern Shenandoah Valley Ozone Attainment Demonstration for the Environmental Quality, 629 East Main EAC Area because the Area is in Northern Shenandoah Valley Ozone Street, Richmond, Virginia 23219. violation of the 8-hour ozone standard. Early Action Compact Area FOR FURTHER INFORMATION CONTACT: Rose The commenter also states that the SIP Quinto, (215) 814–2182, or by e-mail at revision provides for the deferment of a AGENCY: Environmental Protection [email protected]. nonattainment designation until a future Agency (EPA). SUPPLEMENTARY INFORMATION: date, potentially as late as December 31, ACTION: Final rule. 2007, and relieves the Area of I. Background obligations under Title I, part D of the SUMMARY: EPA is taking final action to CAA. Although the commenter is approve a revision to the On May 17, 2005 (70 FR 28260), EPA published a notice of proposed supportive of the goal of addressing Commonwealth of Virginia State proactively the public health concerns Implementation Plan (SIP). This rulemaking (NPR) for the Commonwealth of Virginia. The NPR associated with ozone pollution, the revision consists of an Early Action commenter believes that EPA does not Compact (EAC) Plan that will enable the proposed approval of the attainment demonstration and the Early Action have the legal authority to defer Northern Shenandoah Valley Ozone effective dates of designations or to EAC Area to demonstrate attainment Plan (EAP) for the Northern Shenandoah Valley Ozone EAC Area, allow areas to be relieved of obligations and maintenance of the 8-hour ozone under Title I, part D of the CAA while national ambient air quality (NAAQS) which consists of the City of Winchester and Frederick County. The formal SIP they are violating the 8-hour ozone standard. This action is being taken standard, or are designated under the Clean Air Act (CAA or Act). revision was submitted by the Virginia Department of Environmental Quality nonattainment of that standard. DATES: This final rule is effective on on December 20, 2004 and Response: EPA first announced the September 16, 2005. supplemented on February 15, 2005. EAC process in a June 19, 2002 letter ADDRESSES: EPA has established a Other specifics of the Commonwealth’s from Gregg Cooke, Administrator, EPA docket for this action under Regional SIP revision for the Northern Region VI to Robert Huston, Texas Material in EDocket (RME) ID Number Shenandoah Valley Ozone EAC Area, Commission on Environmental Quality, R03–OAR–2005–VA–0005. All and the rationale for EPA’s proposed followed by a November 14, 2002 documents in the docket are listed in action are explained in the NPR and memorandum from Jeffrey R. the RME index at http:// will not be restated here. On June 16, Holmstead, Assistant Administrator, www.docket.epa.gov/rmepub/. Once in 2005, EPA received adverse comments EPA’s Office of Air and Radiation to the the system, select ‘‘quick search,’’ then on its May 17, 2005 NPR. A summary EPA Regional Administrators, entitled, key in the appropriate RME of the comments submitted and EPA’s ‘‘Schedule for 8-Hour Ozone identification number. Although listed responses are provided in Section II of Designations and its Effect on Early in the electronic docket, some this document. Action Compacts.’’ EPA formalized the information is not publicly available, EAC process in the designation i.e., confidential business information II. Summary of Public Comments and rulemaking on April 30, 2004 (69 FR (CBI) or other information whose EPA Responses 23858). In the designation rule, EPA disclosure is restricted by statute. Comment: Several commenters designated 14 EAC areas as Certain other material, such as expressed support for the compact nonattainment, but deferred the

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effective date of the designation until proposed rule (70 FR 33409, June 8, a clear, imminent and substantial September 30, 2005. The EAC program 2005), EPA proposed to extend the danger to the public health or gives local areas the flexibility to deferral of the effective date of the air environment; or (4) that are required by develop their own approach to meeting quality designations for these 14 EAC law. the 8-hour ozone standard, provided the areas. EPA will consider comments On January 12, 1998, the participating communities are serious in regarding its legal authority in the final Commonwealth of Virginia Office of the their commitment to control emissions rule associated with the June 8, 2005 Attorney General provided a legal from local sources earlier than the CAA proposed rule. opinion that states that the Privilege Regardless of whether EPA’s separate would otherwise require. By involving Law, Va. Code Sec. 10.1–1198, diverse stakeholders, including actions deferring the effective date of the nonattainment designation for this precludes granting a ‘‘required by representatives from industry, local and Federal law to maintain program State governments, and local Area are appropriate, EPA sees no basis to disapprove the attainment and delegation, authorization or approval,’’ environmental citizens’ groups, a since Virginia must ‘‘enforce Federally number of communities are discussing maintenance plan. The provisions of the statute generally provide that areas must authorized environmental programs in a for the first time the need for regional manner that is no less stringent than cooperation in solving air quality demonstrate attainment and their Federal counterparts * * *.’’ The problems that affect the health and maintenance of the NAAQS. See e.g., opinion concludes that ‘‘regarding welfare of its citizens. People living in CAA section 110(a)(1) (requiring areas § 10.1–1198, therefore, documents or these areas that realize reductions in to submit plans providing for other information needed for civil or pollution levels sooner will enjoy the ‘‘implementation, maintenance, and criminal enforcement under one of these health benefits of cleaner air sooner enforcement’’ of each NAAQS) and CAA programs could not be privileged than might otherwise occur. EPA section 172(c)(1) (requiring because such documents and believes this proactive approach nonattainment areas to submit plans information are essential to pursuing involving multiple, diverse stakeholders demonstrating attainment of the enforcement in a manner required by is beneficial to the citizens of the area NAAQS). The commenter has provided Federal law to maintain program by raising awareness of the need to no substantive reason why this plan adopt and implement measures that will does not demonstrate attainment and delegation, authorization or approval.’’ reduce emissions and improve air maintenance of the 8-hour standard. Virginia’s Immunity law, Va. Code quality. Therefore, this action approving the Sec. 10.1–1199, provides that ‘‘to the attainment demonstration and extent consistent with requirements EPA disagrees with the comments that maintenance plan is appropriate. this action on the SIP revision for the imposed by Federal law,’’ any person Northern Shenandoah Valley Ozone III. General Information Pertaining to making a voluntary disclosure of EAC Area defers the nonattainment SIP Submittals From the information to a state agency regarding designation for this Area. In our May 17, Commonwealth of Virginia a violation of an environmental statute, regulation, permit, or administrative 2005 NPR (70 FR 28260), EPA proposed In 1995, Virginia adopted legislation order is granted immunity from approval of an attainment that provides, subject to certain administrative or civil penalty. The demonstration and EAP SIP revision for conditions, for an environmental Attorney General’s January 12, 1998 the Northern Shenandoah Valley Ozone assessment (audit) ‘‘privilege’’ for opinion states that the quoted language EAC Area. This SIP revision includes an voluntary compliance evaluations renders this statute inapplicable to attainment demonstration which performed by a regulated entity. The enforcement of any federally authorized demonstrates attainment of the 8-hour legislation further addresses the relative programs, since ‘‘no immunity could be ozone NAAQS in the Northern burden of proof for parties either afforded from administrative, civil, or Shenandoah Valley Ozone EAC Area by asserting the privilege or seeking December 31, 2007, and also disclosure of documents for which the criminal penalties because granting demonstrates maintenance of the 8-hour privilege is claimed. Virginia’s such immunity would not be consistent NAAQS for five years following the legislation also provides, subject to with Federal law, which is one of the attainment date. As noted in the certain conditions, for a penalty waiver criteria for immunity.’’ proposed action, approval of the for violations of environmental laws Therefore, EPA has determined that attainment demonstration and EAP when a regulated entity discovers such Virginia’s Privilege and Immunity constitutes one of several milestones violations pursuant to a voluntary statutes will not preclude the that an area must meet in order to compliance evaluation and voluntarily Commonwealth from enforcing its participate in the EAC process. While discloses such violations to the program consistent with the Federal approval of this plan is a prerequisite Commonwealth and takes prompt and requirements. In any event, because for an extension of the deferred effective appropriate measures to remedy the EPA has also determined that a State date of the designation of this Area, see violations. Virginia’s Voluntary audit privilege and immunity law can 40 CFR 81.300(e)(3), neither the Environmental Assessment Privilege affect only State enforcement and proposed approval of this SIP nor this Law, Va. Code Sec. 10.1–1198, provides cannot have any impact on Federal final action approving the SIP purports a privilege that protects from disclosure enforcement authorities, EPA may at to extend the deferral of the effective documents and information about the any time invoke its authority under the date of the nonattainment designation content of those documents that are the Clean Air Act, including, for example, for this Area. In a separate rulemaking product of a voluntary environmental sections 113, 167, 205, 211 or 213, to (69 FR 23858, April 30, 2004), EPA assessment. The Privilege Law does not enforce the requirements or prohibitions deferred the effective date of the air extend to documents or information: (1) of the State plan, independently of any quality designations of all 14 EAC areas That are generated or developed before State enforcement effort. In addition, to September 30, 2005. In the April 30, the commencement of a voluntary citizen enforcement under section 304 2004 final rule, EPA responded to environmental assessment; (2) that are of the Clean Air Act is likewise comments received during the comment prepared independently of the unaffected by this, or any, State audit period for this final rule. In a separate assessment process; (3) that demonstrate privilege or immunity law.

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IV. Final Action implications because it does not have the U.S. House of Representatives, and EPA is approving the attainment substantial direct effects on the States, the Comptroller General of the United demonstration and the EAP for the on the relationship between the national States prior to publication of the rule in Northern Shenandoah Valley Ozone government and the States, or on the the Federal Register. This rule is not a EAC Area. The modeling of the ozone distribution of power and ‘‘major rule’’ as defined by 5 U.S.C. and ozone precursor emissions from responsibilities among the various 804(2). levels of government, as specified in sources affecting the Northern C. Petitions for Judicial Review Shenandoah Valley Ozone EAC Area Executive Order 13132 (64 FR 43255, demonstrates that the specified control August 10, 1999). This action merely Under section 307(b)(1) of the Clean strategies will provide for attainment of approves a State rule implementing a Air Act, petitions for judicial review of the 8-hour ozone NAAQS by December Federal standard, and does not alter the this action must be filed in the United 31, 2007 and maintenance of that relationship or the distribution of power States Court of Appeals for the standard through 2012. and responsibilities established in the appropriate circuit by October 17, 2005. Clean Air Act. This rule also is not Filing a petition for reconsideration by V. Statutory and Executive Order subject to Executive Order 13045 the Administrator of this final rule does Reviews ‘‘Protection of Children from not affect the finality of this rule for the A. General Requirements Environmental Health Risks and Safety purposes of judicial review nor does it Risks’’ (62 FR 19885, April 23, 1997), extend the time within which a petition Under Executive Order 12866 (58 FR because it is not economically for judicial review may be filed, and 51735, October 4, 1993), this action is significant. shall not postpone the effectiveness of not a ‘‘significant regulatory action’’ and such rule or action. therefore is not subject to review by the In reviewing SIP submissions, EPA’s Office of Management and Budget. For role is to approve State choices, This action, approving the attainment this reason, this action is also not provided that they meet the criteria of demonstration and the EAP for the subject to Executive Order 13211, the Clean Air Act. In this context, in the Northern Shenandoah Valley Ozone ‘‘Actions Concerning Regulations That absence of a prior existing requirement EAC Area, may not be challenged later Significantly Affect Energy Supply, for the State to use voluntary consensus in proceedings to enforce its Distribution, or Use’’ (66 FR 28355, May standards (VCS), EPA has no authority requirements. (See section 307(b)(2).) 22, 2001). This action merely approves to disapprove a SIP submission for List of Subjects in 40 CFR Part 52 State law as meeting Federal failure to use VCS. It would thus be requirements and imposes no additional inconsistent with applicable law for Environmental protection, Air requirements beyond those imposed by EPA, when it reviews a SIP submission, pollution control, Nitrogen dioxide, State law. Accordingly, the to use VCS in place of a SIP submission Ozone, Reporting and recordkeeping Administrator certifies that this rule that otherwise satisfies the provisions of requirements, Volatile organic will not have a significant economic the Clean Air Act. Thus, the compounds. impact on a substantial number of small requirements of section 12(d) of the Dated: August 9, 2005. entities under the Regulatory Flexibility National Technology Transfer and Donald S. Welsh, Act (5 U.S.C. 601 et seq.). Because this Advancement Act of 1995 (15 U.S.C. Regional Administrator, Region III. rule approves pre-existing requirements 272 note) do not apply. This rule does under State law and does not impose not impose an information collection I 40 CFR part 52 is amended as follows: any additional enforceable duty beyond burden under the provisions of the that required by State law, it does not Paperwork Reduction Act of 1995 (44 PART 52—[AMENDED] contain any unfunded mandate or U.S.C. 3501 et seq.). I 1. The authority citation for part 52 significantly or uniquely affect small B. Submission to Congress and the continues to read as follows: governments, as described in the Comptroller General Unfunded Mandates Reform Act of 1995 Authority: 42 U.S.C. 7401 et seq. (Pub. L. 104–4). This rule also does not The Congressional Review Act, 5 Subpart VV—Virginia have tribal implications because it will U.S.C. 801 et seq., as added by the Small not have a substantial direct effect on Business Regulatory Enforcement I 2. In § 52.2420, the entry for the one or more Indian tribes, on the Fairness Act of 1996, generally provides Attainment Demonstration and Early relationship between the Federal that before a rule may take effect, the Action Plan for the Northern Government and Indian tribes, or on the agency promulgating the rule must Shenandoah Valley Ozone Early Action distribution of power and submit a rule report, which includes a Compact Area in paragraph (e) is added responsibilities between the Federal copy of the rule, to each House of the at the end of the table to read as follows: Government and Indian tribes, as Congress and to the Comptroller General specified by Executive Order 13175 (65 of the United States. EPA will submit a § 52.2420 Identification of plan. FR 67249, November 9, 2000). This report containing this rule and other * * * * * action also does not have federalism required information to the U.S. Senate, (e) * * *

EPA APPROVED NONREGULATORY AND QUASI-REGULATORY MATERIAL

State sub- Additional Name of non-regulatory SIP revision Applicable geographic area mittal date EPA approval date explanation

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EPA APPROVED NONREGULATORY AND QUASI-REGULATORY MATERIAL—Continued

State sub- Additional Name of non-regulatory SIP revision Applicable geographic area mittal date EPA approval date explanation

******* Attainment Demonstration and Early Action Plan City of Winchester and Frederick 12/20/04, 8/17/05 [Insert Federal ...... for the Northern Shenandoah Valley Ozone County. 02/15/05 Register page num- Early Action Compact Area. ber where the docu- ment begins].

[FR Doc. 05–16293 Filed 8–16–05; 8:45 am] Protection Division, U.S. Environmental D of the CAA while they are violating BILLING CODE 6560–50–P Protection Agency, Region III, 1650 the 8-hour ozone standard, or are Arch Street, Philadelphia, Pennsylvania designated nonattainment of that 19103. Copies of the State submittal are standard. ENVIRONMENTAL PROTECTION available at the Maryland Department of Response: EPA first announced the AGENCY the Environment, 1800 Washington EAC process in a June 19, 2002 letter Boulevard, Suite 705, Baltimore, from Gregg Cooke, Administrator, EPA 40 CFR Part 52 Maryland 21230. Region VI to Robert Huston, Texas [R03–OAR–2005–MD–0004; FRL–7954–2] FOR FURTHER INFORMATION CONTACT: Commission on Environmental Quality, Ellen Wentworth, (215) 814–2034, or by followed by a November 14, 2002 Approval and Promulgation of Air e-mail at [email protected]. memorandum from Jeffrey R. Quality Implementation Plans; SUPPLEMENTARY INFORMATION: Holmstead, Assistant Administrator, Maryland; Attainment Demonstration EPA’s Office of Air and Radiation to the for the Washington County Ozone I. Background EPA Regional Administrators, entitled, Early Action Compact Area On May 17, 2005 (70 FR 28256), EPA ‘‘Schedule for 8-Hour Ozone published a notice of proposed Designations and its Effect on Early AGENCY: Environmental Protection rulemaking (NPR) for the State of Action Compacts.’’ EPA formalized the Agency (EPA). Maryland. The NPR proposed approval EAC process in the designation ACTION: Final rule. of the attainment demonstration and the rulemaking on April 30, 2004 (69 FR Early Action Plan (EAP) for the 23858). In the designation rule, EPA SUMMARY: EPA is taking final action to designated 14 EAC areas as approve a revision to the State of Washington County Ozone EAC Area. The formal SIP revision was submitted nonattainment, but deferred the Maryland State Implementation Plan effective date of the designation until (SIP). This revision consists of an Early by the Maryland Department of the Environment on December 20, 2004 and September 30, 2005. The EAC program Action Compact (EAC) Plan that will gives local areas the flexibility to enable the Washington County, supplemented on February 28, 2005. Other specifics of the State’s SIP develop their own approach to meeting Maryland Ozone EAC Area to the 8-hour ozone standard, provided the demonstrate attainment and revision for the Washington County Ozone EAC Area, and the rationale for participating communities are serious in maintenance of the 8-hour ozone their commitment to control emissions national ambient air quality (NAAQS) EPA’s proposed action are explained in the NPR and will not be restated here. from local sources earlier than the CAA standard. This action is being taken would otherwise require. By involving under the Clean Air Act (CAA or Act). On June 16, 2005, EPA received adverse comments on its May 17, 2005 NPR. A diverse stakeholders, including DATES: This final rule is effective on summary of the comments submitted representatives from industry, local and September 16, 2005. and EPA’s responses are provided in State governments, and local ADDRESSES: EPA has established a Section II of this document. environmental citizens’ groups, a docket for this action under Regional number of communities are discussing Material in EDocket (RME) ID Number II. Summary of Public Comments and for the first time the need for regional R03–OAR–2005–MD–0004. All EPA Responses cooperation in solving air quality documents in the docket are listed in Comment: One commenter opposes problems that affect the health and the RME index at http:// the approval of the SIP revision for the welfare of its citizens. People living in www.docket.epa.gov/rmepub/. Once in Washington County Ozone EAC Area these areas that achieve reductions in the system, select ‘‘quick search,’’ then because the Area is in violation of the pollution levels sooner will enjoy the key in the appropriate RME 8-hour ozone standard. The commenter health benefits of cleaner air sooner identification number. Although listed also states that the SIP revision provides than might otherwise occur. EPA in the electronic docket, some for the deferment of a nonattainment believes this proactive approach information is not publicly available, designation until a future date, involving multiple, diverse stakeholders i.e., confidential business information potentially as late as December 31, 2007, is beneficial to the citizens of the area (CBI) or other information whose and relieves the Area of obligations by raising awareness of the need to disclosure is restricted by statute. under Title I, part D of the CAA. adopt and implement measures that will Certain other material, such as Although the commenter is supportive reduce emissions and improve air copyrighted material, is not placed on of the goal of addressing proactively the quality. the Internet and will be publicly public health concerns associated with EPA disagrees with the comments that available only in hard copy form. ozone pollution, the commenter this action on the SIP revision for the Publicly available docket materials are believes that EPA does not have the Washington County Ozone EAC Area available either electronically in RME or legal authority to defer effective dates of defers the nonattainment designation for in hard copy for public inspection designations or to allow areas to be this Area. In our May 17, 2005 NPR (70 during normal business hours at the Air relieved of obligations under Title I, part FR 28256), EPA proposed approval of an

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attainment demonstration and EAP SIP precursor emissions from sources Environmental Health Risks and Safety revision for the Washington County affecting the Washington County Ozone Risks’’ (62 FR 19885, April 23, 1997), Ozone EAC Area. This SIP revision EAC Area demonstrates that the because it is not economically includes an attainment demonstration specified control strategies will provide significant. which demonstrates attainment of the 8- for attainment of the 8-hour ozone In reviewing SIP submissions, EPA’s hour ozone NAAQS in the Washington NAAQS by December 31, 2007, and role is to approve State choices, County Ozone EAC Area by December maintenance of that standard through provided that they meet the criteria of 31, 2007, and also demonstrates 2012. the Clean Air Act. In this context, in the maintenance of the 8-hour NAAQS for IV. Statutory and Executive Order absence of a prior existing requirement five years following the attainment date. Reviews for the State to use voluntary consensus As noted in the proposed action, standards (VCS), EPA has no authority approval of the attainment A. General Requirements to disapprove a SIP submission for demonstration and EAP constitutes one Under Executive Order 12866 (58 FR failure to use VCS. It would thus be of several milestones that an area must 51735, October 4, 1993), this action is meet in order to participate in the EAC inconsistent with applicable law for not a ‘‘significant regulatory action’’ and EPA, when it reviews a SIP submission, process. While approval of this plan is therefore is not subject to review by the a prerequisite for an extension of the to use VCS in place of a SIP submission Office of Management and Budget. For that otherwise satisfies the provisions of deferred effective date of the this reason, this action is also not designation of this Area, see 40 CFR the Clean Air Act. Thus, the subject to Executive Order 13211, requirements of section 12(d) of the 81.300(e)(3), neither the proposed ‘‘Actions Concerning Regulations That approval of this SIP revision nor this National Technology Transfer and Significantly Affect Energy Supply, Advancement Act of 1995 (15 U.S.C. final action approving the SIP revision Distribution, or Use’’ (66 FR 28355, May purports to extend the deferral of the 272 note) do not apply. This rule does 22, 2001). This action merely approves not impose an information collection effective date of the nonattainment State law as meeting Federal designation for this Area. In a separate burden under the provisions of the requirements and imposes no additional Paperwork Reduction Act of 1995 (44 rulemaking (69 FR 23858, April 30, requirements beyond those imposed by 2004), EPA deferred the effective date of U.S.C. 3501 et seq.). State law. Accordingly, the the air quality designations of all 14 Administrator certifies that this rule B. Submission to Congress and the EAC areas to September 30, 2005. In the will not have a significant economic Comptroller General April 30, 2004 final rule, EPA impact on a substantial number of small responded to comments received during entities under the Regulatory Flexibility The Congressional Review Act, 5 the comment period for this final rule. Act (5 U.S.C. 601 et seq.). Because this U.S.C. 801 et seq., as added by the Small In a separate proposed rule (70 FR rule approves pre-existing requirements Business Regulatory Enforcement 33409, June 8, 2005), EPA proposed to under State law and does not impose Fairness Act of 1996, generally provides extend the deferral of the effective date any additional enforceable duty beyond that before a rule may take effect, the of the air quality designations for these agency promulgating the rule must 14 EAC areas. EPA will consider that required by State law, it does not contain any unfunded mandate or submit a rule report, which includes a comments regarding its legal authority copy of the rule, to each House of the in the final rule associated with the June significantly or uniquely affect small governments, as described in the Congress and to the Comptroller General 8, 2005 proposed rule. of the United States. EPA will submit a Regardless of whether EPA’s separate Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). This rule also does not report containing this rule and other actions deferring the effective date of required information to the U.S. Senate, the nonattainment designation for this have tribal implications because it will not have a substantial direct effect on the U.S. House of Representatives, and Area are appropriate, EPA sees no basis the Comptroller General of the United to disapprove the attainment and one or more Indian tribes, on the relationship between the Federal States prior to publication of the rule in maintenance plan. The provisions of the the Federal Register. This rule is not a statute generally provide that areas must Government and Indian tribes, or on the distribution of power and ‘‘major rule’’ as defined by 5 U.S.C. demonstrate attainment and 804(2). maintenance of the NAAQS. See, e.g., responsibilities between the Federal CAA section 110(a)(1) (requiring areas Government and Indian tribes, as C. Petitions for Judicial Review to submit plans providing for specified by Executive Order 13175 (65 ‘‘implementation, maintenance, and FR 67249, November 9, 2000). This Under section 307(b)(1) of the Clean enforcement’’ of each NAAQS) and CAA action also does not have federalism Air Act, petitions for judicial review of section 172(c)(1) (requiring implications because it does not have this action must be filed in the United nonattainment areas to submit plans substantial direct effects on the States, States Court of Appeals for the demonstrating attainment of the on the relationship between the national appropriate circuit by October 17, 2005. NAAQS). The commenter has provided government and the States, or on the Filing a petition for reconsideration by no substantive reason why this plan distribution of power and the Administrator of this final rule does does not demonstrate attainment and responsibilities among the various not affect the finality of this rule for the maintenance of the 8-hour standard. levels of government, as specified in purposes of judicial review nor does it Therefore, this action approving the Executive Order 13132 (64 FR 43255, extend the time within which a petition attainment demonstration and August 10, 1999). This action merely for judicial review may be filed, and maintenance plan is appropriate. approves a State rule implementing a shall not postpone the effectiveness of Federal requirement, and does not alter such rule or action. This action, III. Final Action the relationship or the distribution of approving the attainment demonstration EPA is approving the attainment power and responsibilities established and the EAP for the Washington County demonstration and the EAP for the in the Clean Air Act. This rule also is Ozone EAC Area, may not be challenged Washington County Ozone EAC Area. not subject to Executive Order 13045 later in proceedings to enforce its The modeling of the ozone and ozone ‘‘Protection of Children from requirements. (See section 307(b)(2).)

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List of Subjects in 40 CFR Part 52 PART 52—[AMENDED] Action Plan for the Washington County, Maryland Ozone Early Action Compact Environmental protection, Air I pollution control, Nitrogen dioxide, 1. The authority citation for part 52 Area at the end of the table to read as Ozone, Reporting and recordkeeping continues to read as follows: follows: requirements, Volatile organic Authority: 42 U.S.C. 7401 et seq. § 52.1070 Identification of plan. compounds. Subpart V—Maryland * * * * * Dated: August 9, 2005. (e) * * * Donald S. Welsh, I 2. In § 52.1070, the table in paragraph Regional Administrator, Region III. (e) is amended by adding an entry for the I 40 CFR part 52 is amended as follows: Attainment Demonstration and the Early

EPA APPROVED NONREGULATORY AND QUASI-REGULATORY MATERIAL

State sub- Additional Name of non-regulatory SIP revision Applicable geographic area mittal date EPA approval date explanation

******* Attainment Demonstration and Early Action Plan Washington County ...... 12/20/04, 8/17/05 [Insert page for the Washington County Ozone Early Ac- 2/28/05 number where the tion Compact Area. document begins].

[FR Doc. 05–16291 Filed 8–16–05; 8:45 am] at http://docket.epa.gov/rmepub/; once Avenue, Dallas, Texas 75202–2733, BILLING CODE 6560–50–P in the system, select ‘‘quick search,’’ telephone (214) 665–6521, then type in the appropriate RME [email protected]. docket identification number. Although SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION listed in the index, some information is Throughout this document, wherever AGENCY not publicly available, i.e., confidential ‘‘we,’’ ‘‘our,’’ and ‘‘us’’ is used, we mean business information or other EPA. 40 CFR Part 52 information the disclosure of which is [R06–OAR–2005–NM–0002; FRL–7954–5] restricted by statute. Certain other Outline material, such as copyrighted material, I. Background Approval and Promulgation of Air is not placed on the Internet and will be II. What Action Is EPA Taking? Quality Implementation Plans; New publicly available only in hard copy III. What Comments Did EPA Receive on the Mexico; San Juan County Early Action form. Publicly available docket May 4, 2005 Proposed Rulemaking for Compact Area materials are available either the San Juan County EAC Area? IV. Final Action AGENCY: Environmental Protection electronically in RME or in hard copy at V. Statutory and Executive Order Reviews Agency (EPA). the Air Planning Section (6PD–L), Environmental Protection Agency, 1445 I. Background ACTION: Final rule. Ross Avenue, Suite 700, Dallas, Texas On May 4, 2005, EPA proposed SUMMARY: The EPA is approving 75202–2733. The file will be made approval of the San Juan County EAC revisions to the State Implementation available by appointment for public area’s Clean Air Action Plan (CAAP), Plan (SIP) submitted by the Governor of inspection in the Region 6 FOIA Review the photochemical modeling in support New Mexico on December 16, 2004. The Room between the hours of 8:30 a.m. of the attainment demonstration and revisions will incorporate the Early and 4:30 p.m. weekdays except for legal related control measures as revisions to Action Compact (EAC) Clean Air Action holidays. Contact the person listed in the SIP submitted to EPA by the State Plan (CAAP) into the New Mexico SIP. the FOR FURTHER INFORMATION CONTACT of New Mexico. The proposal provides EPA is approving the photochemical paragraph below, or Mr. Bill Deese at a detailed description of these revisions modeling in support of the attainment (214) 665–7253, to make an and the rationale for EPA’s proposed demonstration for the 8-hour ozone appointment. If possible, please make actions, together with a discussion of standard within the San Juan County the appointment at least two working the opportunity to comment. The public EAC area. These actions strengthen the days in advance of your visit. There will comment period for these actions closed SIP in accordance with the requirements be a 15 cents per page fee for making on June 3, 2005. See the Technical of sections 110 and 116 of the Federal photocopies of documents. On the day Support Document (TSD) or our Clean Air Act (the Act), and will result of the visit, please check in at the EPA proposed rulemaking at 70 FR 23075 for in emission reductions needed to help Region 6 reception area at 1445 Ross more information. Two comments, one ensure continued attainment and Avenue, Suite 700, Dallas, Texas. of which is adverse, were received on maintenance of the 8-hour National The State submittal is also available EPA’s proposed approval of the San Ambient Air Quality Standard (NAAQS) for public inspection at the State Air Juan County EAC area’s CAAP and 8- for ozone. Agency listed below during official hour ozone attainment demonstration DATES: This final rule is effective on business hours by appointment: for the EAC area. September 16, 2005. New Mexico Environment II. What Action Is EPA Taking? ADDRESSES: EPA has established a Department, Air Quality Bureau, 2048 docket for this action under Regional Galisteo, Santa Fe, New Mexico 87505. Today we are approving revisions to Material in EDocket (RME) ID No. R06– FOR FURTHER INFORMATION CONTACT: the New Mexico SIP under sections 110 OAR–2005–NM–0002. All documents in Carrie Paige, Air Planning Section and 116 of the Act. The revisions the docket are listed in the RME index (6PD–L), EPA Region 6, 1445 Ross demonstrate continued attainment and

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maintenance of the 8-hour ozone solving air quality problems that affect V. Statutory and Executive Order standard within the San Juan County the health and welfare of its citizens. Reviews EAC area. The revisions include the San People living in the San Juan County Under Executive Order 12866 (58 FR Juan County EAC CAAP, photochemical EAC area will realize reductions in 51735, October 4, 1993), this action is modeling and related control measures. pollution levels and enjoy the health not a ‘‘significant regulatory action’’ and The intent of the SIP revisions is to benefits of cleaner air sooner than might therefore is not subject to review by the reduce ozone pollution and thereby otherwise occur. Office of Management and Budget. For maintain the 8-hour ozone standard. In the April 2004 designation rule (69 this reason and because this action will III. What Comments Did EPA Receive FR 23858), the San Juan County EAC not have a significant, adverse effect on on the May 4, 2005 Proposed area was designated as attainment for the supply, distribution, or use of Rulemaking for San Juan County? the 8-hour ozone NAAQS. The energy, this action is also not subject to We received two comment letters on commenter incorrectly asserts that this Executive Order 13211, ‘‘Actions the May 4, 2005 proposed rulemaking SIP revision provides for deferment of Concerning Regulations That for San Juan County. the designation of the area as Significantly Affect Energy Supply, Comment: One letter indicated that nonattainment should the area Distribution, or Use’’ (66 FR 28355, May EPA provided an incorrect Web site for experience a violation of the 8-hour 22, 2001). This action merely approves information and reports on ozone in San ozone standard. Nor does EPA’s State law as meeting Federal Juan County. The correct internet approval of this SIP alter the requirements and imposes no additional address is http:// applicability of the redesignation requirements beyond those imposed by www.nmenv.state.nm.us/aqb/ozonetf/ provision of the Act should the San Juan State law. Accordingly, the index.html. Additional information can County EAC area experience a violation Administrator certifies that this rule be found at http:// of the 8-hour ozone NAAQS in the will not have a significant economic www.nmenv.state.nm.us/aqb/projects/ future. Section 107(d)(3)(A) provides impact on a substantial number of small ozone.html. that EPA may redesignate an area ‘‘on entities under the Regulatory Flexibility Response: Our proposed rulemaking the basis of air quality data, planning Act (5 U.S.C. 601 et seq.). Because this and TSD incorrectly referred to this Web and control considerations, or any other rule approves pre-existing requirements site as http://www.nmenv.state.nm.us/ air quality-related considerations.’’ under State law and does not impose ozoneetf. We appreciate the correction Should the San Juan County EAC area any additional enforceable duty beyond and will also amend the TSD to reflect experience a violation of the 8-hour that required by State law, it does not the correct internet address. ozone NAAQS in the future, EPA would contain any unfunded mandate or Comment: One letter provided both consider these statutory factors in significantly or uniquely affect small supportive and adverse discourse, determining whether to redesignate the governments, as described in the commending the State of New Mexico area to nonattainment for the 8-hour Unfunded Mandates Reform Act of 1995 for steps it has taken to improve air ozone NAAQS. The commenter is also (Pub. L. 104–4). This rule also does not have tribal quality. The commenter opposes incorrect that this SIP approval relieves implications because it will not have a approval of the SIP revision because, the San Juan County EAC area of the substantial direct effect on one or more should the area experience a violation of requirements of Part D of Title I of the Indian tribes, on the relationship the 8-hour standard, the SIP revision (1) Act. These provisions apply to areas between the Federal Government and provides for the deferment of the area’s designated nonattainment. Because the Indian tribes, or on the distribution of nonattainment designation to as late as San Juan County EAC area is designated power and responsibilities between the December 31, 2007, and (2) relieves the attainment for the 8-hour ozone Federal Government and Indian tribes, area of its obligations under Title I, Part NAAQS, these provisions do not apply as specified by Executive Order 13175 D of the Act. The commenter contends in the San Juan County EAC area. that EPA does not have the legal (65 FR 67249, November 9, 2000). authority to defer the effective date of an IV. Final Action Although Executive Order 13175 does area’s nonattainment designation nor to not apply to this rule, tribal officials, relieve areas of the obligations of Part D EPA is approving the attainment through their participation in the Four of Title I of the Act when areas are demonstration, its related control Corners Ozone Task Force, have been violating the standard and designated measures, and the San Juan County EAC active in the development of this rule. nonattainment. CAAP, and we are incorporating these This action also does not have Response: We appreciate the support revisions into the New Mexico SIP. We federalism implications because it does expressed towards the State of New have determined that the voluntary not have substantial direct effects on the Mexico and towards the efforts made to control measures included in the States, on the relationship between the ensure that the citizens in the San Juan attainment demonstration are surplus national government and the States, or County EAC area continue to breathe and are Federally enforceable once on the distribution of power and clean air. We continue to believe that approved into the SIP. The modeling of responsibilities among the various the EAC program, as designed, gives San ozone and ozone precursor emissions levels of government, as specified in Juan County the flexibility to develop from sources in the San Juan County Executive Order 13132 (64 FR 43255, their own approach to maintaining the EAC area demonstrate that the area will August 10, 1999). This action merely 8-hour ozone standard and believe San continue to attain the 8-hour ozone approves a State rule implementing a Juan County is serious in their NAAQS through December 31, 2007 and Federal standard, and does not alter the commitment to control emissions from maintain that standard through 2012. relationship or the distribution of power local sources. By involving diverse We have reviewed the CAAP and the and responsibilities established in the stakeholders, including representatives attainment and maintenance Clean Air Act. This rule also is not from industry, local and State demonstration and determined that they subject to Executive Order 13045 governments, and local environmental are consistent with the requirements of ‘‘Protection of Children from and citizen groups, San Juan County is the Act, EPA’s policy, and the EAC Environmental Health Risks and Safety implementing regional cooperation in protocol. Risks’’ (62 FR 19885, April 23, 1997),

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because it is not economically promulgating the rule must submit a List of Subjects 40 CFR Part 52 significant. rule report, which includes a copy of Environmental protection, Air In reviewing SIP submissions under the rule, to each House of the Congress pollution control, Intergovernmental the National Technology Transfer and and to the Comptroller General of the relations, Nitrogen dioxides, Ozone, Advancement Act of 1995 (15 U.S.C. United States. EPA will submit a report Reporting and recordkeeping 272 note), EPA’s role is to approve State containing this rule and other required choices, provided that they meet the requirements, Volatile organic information to the U.S. Senate, the U.S. compounds. criteria of the Clean Air Act. In this House of Representatives, and the context, in the absence of a prior Comptroller General of the United Dated: August 10, 2005. existing requirement for the State to use States prior to publication of the rule in Lawrence E. Starfield, voluntary consensus standards (VCS), the Federal Register. A major rule Acting Regional Administrator, Region 6. EPA has no authority to disapprove a cannot take effect until 60 days after it I 40 CFR part 52 is amended as follows: SIP submission for failure to use VCS. is published in the Federal Register. It would thus be inconsistent with This action is not a ‘‘major rule’’ as PART 52—[AMENDED] applicable law for EPA, when it reviews defined by 5 U.S.C. section 804(2). a SIP submission, to use VCS in place I 1. The authority citation for part 52 of a SIP submission that otherwise Under section 307(b)(1) of the Clean continues to read as follows: satisfies the provisions of the Clean Air Air Act, petitions for judicial review of Authority: 42 U.S.C. 7401 et seq. Act. Thus, the requirements of section this action must be filed in the United 12(d) of the National Technology States Court of Appeals for the Subpart GG—New Mexico Transfer and Advancement Act of 1995 appropriate circuit by October 17, 2005. do not apply. This rule does not impose Filing a petition for reconsideration by I 2. The second table in § 52.1620(e) an information collection burden under the Administrator of this final rule does entitled ‘‘EPA approved nonregulatory the provisions of the Paperwork not affect the finality of this rule for the provisions and quasi-regulatory Reduction Act of 1995 (44 U.S.C. 3501 purposes of judicial review nor does it measures in the New Mexico SIP’’ is et seq.). extend the time within which a petition amended by adding a new entry, The Congressional Review Act, 5 for judicial review may be filed, and immediately following the last entry in U.S.C. section 801 et seq., as added by shall not postpone the effectiveness of the table, to read as follows: the Small Business Regulatory such rule or action. This action may not Enforcement Fairness Act of 1996, be challenged later in proceedings to § 52.1620 Identification of plan. generally provides that before a rule enforce its requirements. (See section * * * * * may take effect, the agency 307(b)(2).) (e) * * *

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP

State sub- Name of SIP provision Applicable geographic or mittal/effec- EPA approval date Explanation nonattainmentdate area tive date

******* Clean Air Action Plan and 8-hour ozone stand- San Juan County ...... 12/16/04 8/17/05 [Insert Federal ...... ard attainment demonstration for the San Register page num- Juan County EAC area. ber where document begins].

[FR Doc. 05–16290 Filed 8–16–05; 8:45 am] revision consists of an Early Action i.e., confidential business information BILLING CODE 6560–50–P Compact (EAC) Plan that will enable the (CBI) or other information whose Eastern Panhandle Region Ozone EAC disclosure is restricted by statute. Area to demonstrate attainment and Certain other material, such as ENVIRONMENTAL PROTECTION maintenance of the 8-hour ozone copyrighted material, is not placed on AGENCY national ambient air quality (NAAQS) the Internet and will be publicly standard. This action is being taken 40 CFR Part 52 available only in hard copy form. under the Clean Air Act (CAA or Act). Publicly available docket materials are [R03–OAR–2005–WV–0001; FRL–7954–3] DATES: This final rule is effective on available either electronically in RME or September 16, 2005. in hard copy for public inspection Approval and Promulgation of Air ADDRESSES: EPA has established a during normal business hours at the Air Quality Implementation Plans; West Protection Division, U.S. Environmental Virginia; Attainment Demonstration for docket for this action under Regional Material in EDocket (RME) ID Number Protection Agency, Region III, 1650 the Eastern Panhandle Region Ozone Arch Street, Philadelphia, Pennsylvania Early Action Compact Area R03–OAR–2005–WV–0001. All documents in the docket are listed in 19103. Copies of the State submittal are AGENCY: Environmental Protection the RME index at http:// available at the West Virginia Agency (EPA). www.docket.epa.gov/rmepub/. Once in Department of Environmental ACTION: Final rule. the system, select ‘‘quick search,’’ then Protection, Division of Air Quality, 7012 key in the appropriate RME SUMMARY: EPA is taking final action to identification number. Although listed approve a revision to the West Virginia in the electronic docket, some State Implementation Plan (SIP). This information is not publicly available,

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MacCorkle Avenue, SE., Charleston, Action Compacts.’’ EPA formalized the deferred the effective date of the air West Virginia 25304–2943. EAC process in the designation quality designations of all 14 EAC areas FOR FURTHER INFORMATION CONTACT: Rose rulemaking on April 30, 2004 (69 FR to September 30, 2005. In the April 30, Quinto, (215) 814–2182, or by e-mail at 23858). In the designation rule, EPA 2004, final rule, EPA responded to [email protected]. designated 14 EAC areas as comments received during the comment SUPPLEMENTARY INFORMATION: nonattainment, but deferred the period for this final rule. In a separate effective date of the designation until proposed rule (70 FR 33409, June 8, I. Background September 30, 2005. The EAC program 2005), EPA proposed to extend the On May 17, 2005 (70 FR 28264), EPA gives local areas the flexibility to deferral of the effective date of the air published a notice of proposed develop their own approach to meeting quality designations for these 14 EAC rulemaking (NPR) for the State of West the 8-hour ozone standard, provided the areas. EPA will consider comments Virginia. The NPR proposed approval of participating communities are serious in regarding its legal authority in the final the attainment demonstration and the their commitment to control emissions rule associated with the June 8, 2005, Early Action Plan (EAP) for the West from local sources earlier than the CAA proposed rule. Virginia Eastern Panhandle Region EAC would otherwise require. By involving Regardless of whether EPA’s separate Area, which consists of Berkeley and diverse stakeholders, including actions deferring the effective date of Jefferson Counties. The formal SIP representatives from industry, local and the nonattainment designation for this revision was submitted by the West State governments, and local Area are appropriate, EPA sees no basis Virginia Department of Environmental environmental citizens’ groups, a to disapprove the attainment and Protection on December 29, 2004. Other number of communities are discussing maintenance plan. The provisions of the specifics of the State’s SIP revision for for the first time the need for regional statute generally provide that areas must the Eastern Panhandle Region Ozone cooperation in solving air quality demonstrate attainment and EAC Area, and the rationale for EPA’s problems that affect the health and maintenance of the NAAQS. See, e.g., proposed action are explained in the welfare of its citizens. People living in CAA section 110(a)(1) (requiring areas NPR and will not be restated here. On these areas that realize reductions in to submit plans providing for June 16, 2005, EPA received adverse pollution levels sooner will enjoy the ‘‘implementation, maintenance, and comments on its May 17, 2005, NPR. A health benefits of cleaner air sooner enforcement’’ of each NAAQS) and CAA summary of the comments submitted than might otherwise occur. EPA section 172(c)(1) (requiring and EPA’s responses are provided in believes this proactive approach nonattainment areas to submit plans Section II of this document. involving multiple, diverse stakeholders demonstrating attainment of the is beneficial to the citizens of the area NAAQS). The commenter has provided II. Summary of Public Comments and by raising awareness of the need to no substantive reason why this plan EPA Responses adopt and implement measures that will does not demonstrate attainment and Comment: One commenter opposes reduce emissions and improve air maintenance of the 8-hour standard. the approval of the SIP revision for the quality. Therefore, this action approving the Eastern Panhandle Region Ozone EAC EPA disagrees with the comments that attainment demonstration and Area because the Area is in violation of this action on this SIP revision for the maintenance plan is appropriate. the 8-hour ozone standard. The Eastern Panhandle Region Ozone EAC III. Final Action commenter also states that the SIP Area defers the nonattainment revision provides for the deferment of a designation for this Area. In our May 17, EPA is approving the attainment nonattainment designation until a future 2005, NPR (70 FR 28264), EPA proposed demonstration and the EAP for the West date, potentially as late as December 31, approval of an attainment Virginia Eastern Panhandle Region 2007, and relieves the Area of demonstration and EAP SIP revision for Ozone EAC Area. The modeling of the obligations under Title I, subpart D of the Eastern Panhandle Region Ozone ozone and ozone precursor emissions the CAA. Although the commenter is EAC Area. This SIP revision includes an from sources affecting the Eastern supportive of the goal of addressing attainment demonstration which Panhandle Region EAC Area proactively the public health concerns demonstrates attainment of the 8-hour demonstrates that the specified control associated with ozone pollution, the ozone NAAQS in the Eastern Panhandle strategies will provide for attainment of commenter believes that EPA does not Region Ozone EAC Area by December the 8-hour ozone NAAQS by December have legal authority to defer effective 31, 2007, and also demonstrates 31, 2007, and maintenance of that dates of designations or to allow areas maintenance of the 8-hour NAAQS for standard through 2012. to be relieved of obligations under Title five years following the attainment date. IV. Statutory and Executive Order I, part D of the CAA while they are As noted in the proposed action, Reviews violating the 8-hour ozone standard or approval of the attainment are designated nonattainment of that demonstration and EAP constitutes one A. General Requirements standard. of several milestones that an area must Under Executive Order 12866 (58 FR Response: EPA first announced the meet in order to participate in the EAC 51735, October 4, 1993), this action is EAC process in a June 19, 2002 letter process. While approval of this plan is not a ‘‘significant regulatory action’’ and from Gregg Cooke, Administrator, EPA a prerequisite for an extension of the therefore is not subject to review by the Region VI to Robert Huston, Texas deferred effective date of the Office of Management and Budget. For Commission on Environmental Quality, designation of this Area, see 40 CFR this reason, this action is also not followed by a November 14, 2002 81.300(e)(3), neither the proposed subject to Executive Order 13211, memorandum from Jeffrey R. approval of this SIP revision nor this ‘‘Actions Concerning Regulations That Holmstead, Assistant Administrator, final action approving the SIP purports Significantly Affect Energy Supply, EPA’s Office of Air and Radiation to the to extend the deferral of the effective Distribution, or Use’’ (66 FR 28355, May EPA Regional Administrators, entitled, date of the nonattainment designation 22, 2001). This action merely approves ‘‘Schedule for 8-Hour Ozone for this Area. In a separate rulemaking State law as meeting Federal Designations and its Effect on Early (69 FR 23858, April 30, 2004), EPA requirements and imposes no additional

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requirements beyond those imposed by In reviewing SIP submissions, EPA’s States Court of Appeals for the State law. Accordingly, the role is to approve State choices, appropriate circuit by October 17, 2005. Administrator certifies that this rule provided that they meet the criteria of Filing a petition for reconsideration by will not have a significant economic the Clean Air Act. In this context, in the the Administrator of this final rule does impact on a substantial number of small absence of a prior existing requirement not affect the finality of this rule for the entities under the Regulatory Flexibility for the State to use voluntary consensus purposes of judicial review nor does it Act (5 U.S.C. 601 et seq.). Because this standards (VCS), EPA has no authority extend the time within which a petition rule approves pre-existing requirements to disapprove a SIP submission for for judicial review may be filed, and under State law and does not impose failure to use VCS. It would thus be shall not postpone the effectiveness of any additional enforceable duty beyond inconsistent with applicable law for such rule or action. This action, that required by State law, it does not EPA, when it reviews a SIP submission, approving the attainment demonstration contain any unfunded mandate or to use VCS in place of a SIP submission and the EAP for the Eastern Panhandle significantly or uniquely affect small that otherwise satisfies the provisions of Region Ozone EAC Area, may not be governments, as described in the the Clean Air Act. Thus, the challenged later in proceedings to Unfunded Mandates Reform Act of 1995 requirements of section 12(d) of the enforce its requirements. (See section (Pub. L. 104–4). This rule also does not National Technology Transfer and 307(b)(2).) Advancement Act of 1995 (15 U.S.C. have tribal implications because it will List of Subjects in 40 CFR Part 52 not have a substantial direct effect on 272 note) do not apply. This rule does one or more Indian tribes, on the not impose an information collection Environmental protection, Air relationship between the Federal burden under the provisions of the pollution control, Nitrogen dioxide, Government and Indian tribes, or on the Paperwork Reduction Act of 1995 (44 Ozone, Reporting and recordkeeping distribution of power and U.S.C. 3501 et seq.). requirements, Volatile organic responsibilities between the Federal B. Submission to Congress and the compounds. Government and Indian tribes, as Comptroller General Dated: August 9, 2005. specified by Executive Order 13175 (65 The Congressional Review Act, 5 Donald S. Welsh, FR 67249, November 9, 2000). This U.S.C. 801 et seq., as added by the Small Regional Administrator, Region III. action also does not have federalism Business Regulatory Enforcement I 40 CFR part 52 is amended as follows: implications because it does not have Fairness Act of 1996, generally provides substantial direct effects on the States, that before a rule may take effect, the PART 52—[AMENDED] on the relationship between the national agency promulgating the rule must government and the States, or on the submit a rule report, which includes a I 1. The authority citation for 40 CFR distribution of power and copy of the rule, to each House of the part 52 continues to read as follows: responsibilities among the various Congress and to the Comptroller General Authority: 42 U.S.C. 7401 et seq. levels of government, as specified in of the United States. EPA will submit a Executive Order 13132 (64 FR 43255, report containing this rule and other Subpart XX—West Virginia August 10, 1999). This action merely required information to the U.S. Senate, approves a State rule implementing a the U.S. House of Representatives, and I 2. In § 52.2520, the table in paragraph Federal standard, and does not alter the the Comptroller General of the United (e) is revised by adding the entry for the relationship or the distribution of power States prior to publication of the rule in Attainment Demonstration and Early and responsibilities established in the the Federal Register. This rule is not a Action Plan for the Eastern Panhandle Clean Air Act. This rule also is not ‘‘major rule’’ as defined by 5 U.S.C. Region Ozone Early Action Compact subject to Executive Order 13045 804(2). Area at the end of the table to read as ‘‘Protection of Children from follows: Environmental Health Risks and Safety C. Petitions for Judicial Review Risks’’ (62 FR 19885, April 23, 1997), Under section 307(b)(1) of the Clean § 52.2520 Identification of plan. because it is not economically Air Act, petitions for judicial review of * * * * * significant. this action must be filed in the United (e) * * *

EPA-APPROVED NONREGULATORY AND QUASI-REGULATORY MATERIAL

State sub- Additional Name of nonregulatory SIP revision Applicable geographic area mittal date EPA approval date explanation

******* Attainment Demonstration and Early Action Plan Berkeley and Jefferson Counties .... 12/29/04 8/17/05 [Insert Federal for the Eastern Panhandle Region Ozone Register page num- Early Action Compact Area. ber where the docu- ment begins].

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[FR Doc. 05–16292 Filed 8–16–05; 8:45 am] 20554. This document may also be the SLI/DA First Report and Order (66 BILLING CODE 6560–50–P purchased from the Commission’s FR 10965–02, February 21, 2001). duplicating contractor, Best Copy and Discussion Printing, Inc., 445 12th Street, SW., FEDERAL COMMUNICATIONS Room CY–B402, Washington, DC 20554, 4. In this Order, we address a joint COMMISSION telephone (202) 488–5300, facsimile petition for reconsideration filed by SBC (202) 488–5563, or via e-mail at and BellSouth, and a separate petition 47 CFR Part 51 [email protected]. It is also available for reconsideration filed by SBC. We further clarify conclusions made in the [CC Docket Nos. 96–98, 96–115, 99–273; on the Commission’s Web site at http://www.fcc.gov. SLI/DA First Report and Order (66 FR FCC 05–93] 10965–02, February 21, 2001) and SLI/ Synopsis of the Order on DA Order on Reconsideration and Requirements for Nondiscriminatory Reconsideration (Order) Access to Directory Assistance Notice (64 FR 51910–01, September 27, Background 1999). SBC/BellSouth request that the AGENCY: Federal Communications Commission reconsider its decision and Commission. 1. Section 251(b)(3) of the Act restrict the purposes for which imposes on LECs the ‘‘duty to permit all ACTION: Clarification. competing DA providers may use DA [competing] providers [of telephone information, or alternatively establish SUMMARY: This document denies exchange service and telephone toll that LECs may contractually impose BellSouth Corporation (BellSouth) and service] to have nondiscriminatory their own restrictions. In particular, SBC Communications Inc.’s (SBC) joint access to * * * directory assistance.’’ In SBC/BellSouth argue that restrictions request that the Federal the Local Competition Second Report should include limits on resale and a Communications Commission and Order (61 FR 47284–01, September prohibition on use for purposes other (Commission) reconsider the 6, 1996), the Commission concluded than DA and DA-like services, such as Commission’s conclusion that local that section 251(b)(3) requires LECs to sales solicitation and telemarketing. exchange carriers (LECs) may not provide such competing providers with 5. Contractual Restrictions on the Use impose specific contractual restrictions access to DA equal to that which the of DA Information. We deny SBC/ on competing directory assistance (DA) LECs provide to themselves, and that BellSouth’s petition for reconsideration providers’ use of DA data obtained LECs treat all such competitors equally. of our determination regarding the pursuant to section 251(b)(3) of the 2. The Commission affirmed this scope of competing DA providers’ Communications Act of 1934, as conclusion in the subsequent SLI/DA access to DA databases. As we have amended. The Order on Reconsideration Order on Reconsideration and Notice previously noted, ‘‘[s]ection 251(b)(3) (Order) clarifies that competing DA (64 FR 51910–01, September 27, 1999) does not, by its terms, limit the use of providers may not, however, use data and determined that nondiscriminatory directory assistance data solely to the obtained pursuant to this section for access under section 251(b)(3) of the Act provision of directory assistance.’’ As purposes not permitted by the Act, the requires that all LECs provide we have previously concluded, Commission’s rules, or state regulations. competing providers of telephone ‘‘nondiscriminatory access’’ under The Order also denies petitioners’ joint exchange service and toll service with section 251(b)(3) means that providing request that the Commission reconsider nondiscriminatory access to the LECs’ LECs must offer access equal to that its conclusion that LECs are required to directory assistance databases. The which they provide themselves. We provide nondiscriminatory access to Commission further acknowledged that recognize that further restrictions on local DA data acquired from third ‘‘requesting carriers would not have resale and other such use also might parties. Finally, the Order denies SBC’s nondiscriminatory access to operator substantially increase the costs of petition for reconsideration of the services and directory assistance under providing competitive DA services, Commission’s determination that section 251(b)(3) unless those carriers thereby reducing the benefits to competing providers are entitled to have access to adjunct features such as consumers of competitive DA providers nondiscriminatory access to operator rating tables and customer information in the market. services (OS), DA and features adjunct databases.’’ SBC filed a petition for 6. We also agree with commenters to these services. clarification or reconsideration of some that argue that the Commission should of the Commission’s conclusions in the not provide LECs with the authority to DATES: Effective September 16, 2005. SLI/DA Order on Reconsideration and impose their own restrictions on the FOR FURTHER INFORMATION CONTACT: Notice (64 FR 51910–01, September 27, purposes for which competing DA Rodney McDonald, Attorney, 1999). providers may use DA information. We Competition Policy Division, Wireline 3. In the SLI/DA First Report and find that the imposition of such Competition Bureau, (202) 418–7513, or Order (66 FR 10965–02, February 21, contractual restrictions by the providing William Dever, Deputy Chief, 2001), the Commission explained that LEC is inconsistent with the Competition Policy Division, Wireline section 251(b)(3) provides competing nondiscriminatory access requirements Competition Bureau, (202) 418–1578. DA providers with the same rights and of section 251(b)(3). SUPPLEMENTARY INFORMATION: This is a obligations regarding DA data as it does 7. We clarify, however, that no summary of the Commission’s Order on to the providing LECs and concluded language in the SLI/DA First Report and Reconsideration (Order) in CC Docket that ‘‘section 251(b)(3)’s requirement of Order (66 FR 10965–02, February 21, Nos. 96–98, 96–115, 99–273, FCC 05– nondiscriminatory access to a LEC’s DA 2001) was ever intended to grant 93, adopted April 29, 2005, and released database thus does not contemplate competing DA providers greater latitude May 3, 2005. The complete text of this continuing veto power by the providing in their use of DA data than that document is available for inspection LEC over the uses to which DA permitted to providing LECs, or to and copying during normal business information is put.’’ SBC and BellSouth permit competing DA providers to use hours in the FCC Reference Information filed a joint petition for reconsideration that data in a manner inconsistent with Center, Portals II, 445 12th Street, SW., and/or clarification of certain Federal or state law or regulation. We Room CY–A257, Washington, DC, conclusions made by the Commission in again note that all qualified DA

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providers, both providing LECs and nondiscriminatory access to local DA denied in part, to the extent discussed competing DA providers, are subject to listings purchased from third parties. herein. state limitations regarding use of Rather, we agree that competitive DA 16. It is further ordered that SBC accessed directory information (e.g., by providers are entitled to receive Communications Inc.’’s Request to prohibiting the sale of customer nondiscriminatory access to a LEC’s Withdraw Issue in Its Pending Petition information to telemarketers), as long as entire local DA database pursuant to for Reconsideration is granted. those state regulations are consistent section 251(b)(3) of the Act. We reaffirm 17. It is further ordered that the with the nondiscrimination that even though the Commission has Petition for Clarification or, in the requirements of section 251(b)(3) of the declined to require LECs to provide Alternative, Reconsideration filed by Act. nondiscriminatory access to nonlocal SBC is denied, to the extent discussed 8. We also note that section DA data, it has consistently required herein. 51.217(c)(3) of the Commission’s rules that LECs provide nondiscriminatory Federal Communications Commission. already balances the Commission’s access to all of their local DA database Marlene H. Dortch, interests in ensuring nondiscriminatory listings. access to DA, and in protecting 11. Nondiscriminatory Access to Secretary. customer privacy. The section indicates Operator Services, Directory Assistance [FR Doc. 05–16334 Filed 8–16–05; 8:45 am] that even though a LEC shall not and Features Adjunct to These Services. BILLING CODE 6712–01–P provide access to the unlisted number of Finally, we deny SBC’s separate petition its customers, it must ‘‘ensure that for reconsideration of the Commission’s access is permitted to the same directory determination regarding the scope of FEDERAL COMMUNICATIONS information, including customer name competing DA providers’ access to COMMISSION and address, that is available to its own operator services (OS), DA and the 47 CFR Part 73 directory assistance customers.’’ We features adjunct to these services. SBC clarify, however, that although specifically requests that the [DA 05–2199; MB Docket No. 05–81; RM– competing DA providers may be entitled Commission find that section 251(b)(3) 11102] to nondiscriminatory access to DA does not require that LECs provide information, all competing DA ‘‘unbundled’’ access to all of the Radio Broadcasting Services; providers must adhere to the disclosed facilities used to provide OS/DA Altheimer, AR and Little Rock, AR privacy requests of LEC customers for services, including adjunct features and AGENCY: Federal Communications all DA information obtained pursuant to software. Commission. 12. We acknowledge that carriers are section 251(b)(3). This means that, to ACTION: Final rule. the extent competing DA providers have no longer required to provide OS/DA received notice of a LEC customer’s services as unbundled network elements SUMMARY: At the request of Charles privacy requests, they must comply (UNEs) under section 251(c)(3). We Crawford, Channel 251C3 is allotted at with such requests, and may not use or note, however, that in coming to the Altheimer, Arkansas, as the disclose any DA information that a conclusion that UNE access would no community’s first local aural LEC’s customer has requested that the longer be necessary under that section, transmission service. Station LEC not use or make available. the Commission specifically recognized KURB(FM), Channel 253C, Little Rock, 9. We grant SBC/BellSouth’s request the continued obligation to provide Arkansas is reclassified as 253C0 insofar as they ask the Commission to nondiscriminatory access to OS/DA pursuant to the reclassification agree that there is no statutory basis for under section 251(b)(3). We reaffirm the procedures adopted by the Commission. allowing DA providers to use DA Commission’s determination that See Second Report and Order in MM listings obtained pursuant to section requesting carriers would not have Docket 98–93 (1998 Biennial Regulatory 251(b)(3) of the Act for directory nondiscriminatory access to operator Review—Streamlining of Radio publishing. SBC/BellSouth submit that services and directory assistance under Technical Rules in Parts 73 and 74 of permitting such use would allow section 251(b)(3) unless those carriers the Commission’s Rules) 65 FR 79773 competing DA providers to avoid the have access to these services in their (2000). An Order to Show Cause was statutory distinctions between directory entirety, including access to any adjunct issued to Citadel Broadcasting assistance and directory publishing features such as rating tables and Company, licensee of Station indicated by the separate treatment of customer information databases KURB(FM) (RM–11102). Channel 251C3 these services under section 251(b)(3) necessary to allow competing providers is allotted at Altheimer, Arkansas, at and section 222(e) of the Act. We agree, full use of these services. Petitioner’s requested site 20.4 and note that in the SLI/DA First Report Ordering Clauses kilometers (12.7 miles) southwest of the and Order (66 FR 10965–02, February community at coordinates 34–09–00 NL 21, 2001), the Commission found that 13. Accordingly, it is ordered that, and 91–56–00 WL. although the underlying databases for pursuant to the authority contained in DATES: Effective September 12, 2005. the two services are similar, they are not sections 1, 4, 201, 222, and 251 of the ADDRESSES: identical, and any seeming convergence Communications Act of 1934, as Federal Communications between DA and directory publishing is amended, 47 U.S.C. 151, 154, 201, 222, Commission, 445 Twelfth Street, SW., not strong enough at this time to obviate and 251, this Order on Reconsideration Washington, DC 20554. the distinctions drawn by Congress in is adopted. FOR FURTHER INFORMATION CONTACT: the Act. 14. It is further ordered that Qwest Victoria McCauley, Media Bureau, (202) 10. Nondiscriminatory Access to Corporation’s Request to Withdraw its 418–2180. Local DA Listings Acquired from Third Pending Petition for Reconsideration is SUPPLEMENTARY INFORMATION: This is a Parties. We are not persuaded by SBC/ granted. synopsis of the Commission’s Report BellSouth’s assertion that in instances 15. It is further ordered that the above and Order, MB Docket No. 05–81, where more than one facilities-based mentioned Petition for Clarification or, adopted July 27, 2005, and released July LEC serves a local area, LECs should not in the Alternative, Reconsideration filed 29, 2005. The full text of this be required to provide by SBC/BellSouth is granted in part and Commission decision is available for

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inspection and copying during normal 10546). The allotment of Channel 228C3 FEDERAL COMMUNICATIONS business hours in the FCC’s Reference at Morgan was not considered because COMMISSION Information Center at Portals II, CY– EME Communications failed to express A257, 445 Twelfth Street, SW., an interest in applying for the channel, 47 CFR Part 73 Washington, DC. This document may if allotted. Channel 228A can be allotted [DA 05–2210; MB Docket No. 05–137, RM– also be purchased from the to Morgan in compliance with the 11161] Commission’s duplicating contractors, Commission’s minimum distance Qualex International, Portals II, 445 separation requirements at city Radio Broadcasting Service; Big 12th Street, SW., Room CY–B402, reference coordinates. The coordinates Spring, TX Washington, DC 20554, telephone 202– for Channel 228A are 31–32–15 North 863–2893, or via e-mail Latitude and 84–35–58 West Longitude. AGENCY: Federal Communications Commission. [email protected]. The Commission DATES: Effective September 12, 2005. A ACTION: will send a copy of this Report and filing window for Channel 228A at Final rule. Order in a report to be sent to Congress Morgan, Georgia, will not be opened at SUMMARY: The Audio Division, at the and the Government Accountability this time. Instead, the issue of opening request of Charles Crawford allots Office pursuant to the Congressional this allotment for auction will be Channel 265C3 at Big Spring, Texas, as Review Act, see 5 U.S.C. 801(a)(1)(A). addressed by the commission a the community’s third local commercial List of Subjects in 47 CFR Part 73 subsequent order. FM service. See 70 FR 19397, published Radio, Radio broadcasting. FOR FURTHER INFORMATION CONTACT: April 13, 2005. Channel 265C3 can be Sharon P. McDonald, Media Bureau, allotted to Big Spring in compliance I 47 CFR part 73 is amended as follows: (202) 418–2180. with the Commission’s minimum PART 73—RADIO BROADCAST SUPPLEMENTARY INFORMATION: This is a distance separation requirements at the SERVICES synopsis of the Commission’s Report center of the community. The reference and Order, MB Docket No. 02–109, coordinates for Channel 265C3 at Big I 1. The authority citation for Part 73 adopted July 27, 2005, and released July Spring are 32–12–00 North Latitude and continues to read as follows: 29, 2005. The full text of this 101–18–00 West Longitude with a site Authority: 47 U.S.C. 154, 303, 334 and 336. Commission decision is available for restriction of 17.7 kilometers (11 miles) inspection and copying during normal east of Big Spring. Mexican concurrence § 73.202 [Amended] business hours in the FCC Information has been requested. A filing window for I 2. Section 73.202(b), the Table of FM Center, Portals II, 445 12th Street, SW., Channel 265C3 at Big Spring, Texas will Allotments under Arkansas is amended Room CY–A257, Washington, DC 20554. not be opened at this time. Instead, the by adding Altheimer, Channel 251C3, The complete text of this decision also issue of opening a filing window for this and by removing Channel 253C and may be purchased from the channel will be addressed by the adding Channel 253C0 at Little Rock. Commission’s duplicating contractor, Commission in a subsequent order. Federal Communications Commission. Best Copy and Printing, Inc., 445 12th DATES: Effective September 12, 2005. John A. Karousos, Street, SW., Room CY–B402, ADDRESSES: Federal Communications Assistant Chief, Audio Division, Media Washington, DC, 20554, (800) 378–3160, Commission, 445 Twelfth Street, SW., Bureau. or via the company’s Web site, http:// Washington, DC 20554. www.bcpiweb.com. The Commission [FR Doc. 05–16076 Filed 8–16–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: will send a copy of this Report and BILLING CODE 6712–01–P Helen McLean, Media Bureau, (202) Order in a report to be sent to Congress 418–2738. and the Government Accountability SUPPLEMENTARY INFORMATION: This is a FEDERAL COMMUNICATIONS Office pursuant to the Congressional Review Act, see U.S.C. 801(a)(1)(A). synopsis of the Commission’s Report COMMISSION and Order, MB Docket No. 05–137, List of Subjects in 47 CFR Part 73 47 CFR Part 73 adopted July 27, 2005, and released July Radio, Radio broadcasting. 29, 2005. The full text of this [DA 05–2200; MB Docket No. 02–109; RM– Commission decision is available for 10420, 10546] I Part 73 of title 47 of the Code of Federal inspection and copying during regular Regulations is amended as follows: business hours at the FCC’s Reference Radio Broadcasting Services; Morgan, Information Center, Portals II, 445 GA PART 73—RADIO BROADCAST Twelfth Street, SW., Room CY–A257, SERVICES AGENCY: Federal Communications Washington, DC 20554. The complete Commission. I 1. The authority citation for Part 73 text of this decision may also be ACTION: Final rule. continues to read as follows: purchased from the Commission’s duplicating contractor, Best Copy and Authority: 47 U.S.C. 154, 303, 334 and 336. SUMMARY: The Audio Division, at the Printing, Inc., 445 12th Street, SW., request of Donald F. White and Jerry E. § 73.202 [Amended] Room CY–B402, Washington, DC 20554, White d/b/a Morgan Radio Company, I 2. Section 73.202(b), the Table of FM telephone 1–800–378–3160 or http:// allots Channel 228A at Morgan, Georgia, Allotments under Georgia, is amended www.BCPIWEB.com. The Commission as the community’s first local aural by adding Morgan, Channel 228A. will send a copy of this Report and transmission service (RM–10420). See Order in a report to be sent to Congress 67 FR 39933, June 11, 2002. We also Federal Communications Commission. and the Government Accountability dismiss the counterproposal filed by John A. Karousos, Office pursuant to the Congressional Clyde Scott, Jr. d/b/a EME Assistant Chief, Audio Division, Media Review Act, see 5 U.S.C. 801(a)(1)(A). Communications, proposing the Bureau. allotment of Channel 228C3 in lieu of [FR Doc. 05–16075 Filed 8–16–05; 8:45 am] List of Subjects in 47 CFR Part 73 Channel 228A at Morgan, Georgia (RM– BILLING CODE 6712–01–P Radio, Radio broadcasting.

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Part 73 of title 47 of the Code of adopted July 27, 2005, and released July § 73.202 [Amended] Federal Regulations is amended as 29, 2005. The full text of this I 2. Section 73.202(b), the Table of FM follows: Commission decision is available for Allotments under Utah, is amended by inspection and copying during normal removing Channel 264C at Brigham City, PART 73—RADIO BROADCAST business hours in the FCC Information by removing Channel 265A and adding SERVICES Center, Portals II, 445 12th Street, SW., Channel 261A at Price and by adding Room CY–A257, Washington, DC 20554. I Woodruff, Channel 264C. 1. The authority citation for part 73 The complete text of this decision also continues to read as follows: I 3. Section 73.202(b), the Table of FM may be purchased from the Allotments under Wyoming, is amended Authority: 47 U.S.C. 154, 303, 334 and 336. Commission’s duplicating contractor, by removing Channel 265C3 and adding Best Copy and Printing, Inc., 445 12th § 73.202 [Amended] Channel 254C3 at Reliance. Street, SW., Room CY–B402, I 2. Section 73.202(b), the Table of FM Washington, DC 20554, (800) 378–3160, Federal Communications Commission. Allotments under Texas, is amended by or via the company’s Web site, http:// John A. Karousos, adding Channel 265C3 at Big Spring. www.bcpiweb.com. The Commission Assistant Chief, Audio Division, Media Federal Communications Commission. will send a copy of this Report and Bureau. John A. Karousos, Order in a report to be sent to Congress [FR Doc. 05–16072 Filed 8–16–05; 8:45 am] Assistant Chief, Audio Division, Media and the Government Accountability BILLING CODE 6712–01–P Bureau. Office pursuant to the Congressional Review Act, see U.S.C. 801(a)(1)(A). [FR Doc. 05–16073 Filed 8–16–05; 8:45 am] FEDERAL COMMUNICATIONS Channel 264C can be reallotted to BILLING CODE 6712–01–P COMMISSION Woodruff in compliance with the Commission’s minimum distance 47 CFR Part 73 FEDERAL COMMUNICATIONS separation requirements with a site COMMISSION restriction of 65.8 kilometers (40.9 [DA 05–2217; MB Docket No. 04–19; RM– miles) south at petitioner’s requested 10845] 47 CFR Part 73 site. The coordinates for Channel 264C Radio Broadcasting Services; Munford [DA 05–2211;MB Docket No. 02–294; RM– at Woodruff are 40–56–13 North and Talladega, AL 10543, RM–10774] Latitude and 111–00–35 West Longitude. To accommodate the AGENCY: Federal Communications Radio Broadcasting Services; Brigham reallotment, Channel 254C3 can be Commission. City, UT, Fountain Green, UT, Opal and substituted for vacant Channel 265C3 at ACTION: Final rule. Reliance WY; and Price and Woodruff, Reliance at its presently authorized site. UT The coordinates for Channel 254C3 are SUMMARY: In response to a Notice of 41–40–09 North Latitude and 109–11– Proposed Rule Making, 69 FR 8357 AGENCY: Federal Communications 47 West Longitude. Channel 261A can (February 24, 2004), this Report and Commission. be allotted to Price with a site restriction Order reallots Channel 224A, Station ACTION: Final rule. of 6.0 kilometers (3.7 miles) south at WTDR(FM) (‘‘WTDR’’), Talladega, petitioner’s requested site. The Alabama, to Munford, Alabama, and SUMMARY: The Audio Division, at the coordinates for Channel 261A at Price modifies Station WTDR’s license request of Simmons-SLC, LS, LLC, are 39–32–42 North Latitude and 110– accordingly. The coordinates for reallots Channel 264C from Brigham 48–56 West Longitude. The reference Channel 224A at Munford, Alabama, are City to Woodruff, Utah, and modifies coordinates can be modified for vacant 33–29–12 NL and 85–59–15, with a site Station KEGH(FM)’s license accordingly Channel 260A at Fountain Green restriction of 5.9 kilometers (3.6 miles) (RM–10774). To accommodate the without the imposition of a site southwest of Munford. reallotment, we will (1) substitute restriction. The modified reference DATES: Effective September 12 , 2005. Channel 254C3 for vacant Channel coordinates for Channel 260A at FOR FURTHER INFORMATION CONTACT: R. 265C3 at Reliance, Wyoming; (2) Fountain Green are 39–37–42 North Barthen Gorman, Media Bureau, (202) substitute Channel 261A for Channel Latitude 111–38–28 West Longitude. 418–2180. 265C2 at Price, Utah, and modify Station KWSA(FM)’s reference The FM Table of Allotments lists SUPPLEMENTARY INFORMATION: This is a coordinates and license accordingly; Channel 265A at Price, Utah in lieu of synopsis of the Commission’s Report and (3) modify the reference coordinates Channel 265C2 at Price, Utah. On and Order, MB Docket No. 04–19, for vacant Channel 260A at Fountain October 24, 2002, Station KWSA was adopted July 27, 2005, and released July Green, Utah. At the request of Black granted a construction permit to specify 29, 2005. The full text of this Diamond Broadcasting, we also dismiss operation on Channel 265C2 at Price, Commission decision is available for the petition for rule making proposing Utah. See BMPH–20020726ABU. inspection and copying during normal business hours in the FCC’s Reference the allotment of Channel 263A at Opal, List of Subjects in 47 CFR Part 73 Wyoming (RM–10543). See 67 FR Information Center at Portals II, 445 Radio, Radio broadcasting. 63874, October 16, 2002. See 12th Street, SW., Room CY–A257, Supplementary Information, infra. I Part 73 of title 47 of the Code of Federal Washington, DC 20554. The document Regulations is amended as follows: may also be purchased from the DATES: Effective September 12, 2005. Commission’s duplicating contractor, FOR FURTHER INFORMATION CONTACT: PART 73—RADIO BROADCAST Best Copy and Printing, Inc., Portals II, Sharon P. McDonald, Media Bureau, SERVICES 445 12th Street, SW., Room CY–B402, (202) 418–2180. Washington, DC 20554, telephone 1– I SUPPLEMENTARY INFORMATION: This is a 1. The authority citation for Part 73 800–378–3160 or http:// synopsis of the Commission’s Report continues to read as follows: www.BCPIWEB.com. The Commission and Order, MB Docket No. 02–294, Authority: 47 U.S.C. 154, 303, 334 and 336. will send a copy of this Report and

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Order in a report to be sent to Congress November 22, 2004. See SUPPLEMENTARY reclassification of Station WJXB–FM, and the Government Accountability INFORMATION, supra. Channel 248C, Knoxville, Tennessee as Office pursuant to the Congressional DATES: Effective September 12, 2005. a C0 facility because the station operates Review Act, see 5 U.S.C. 801(a) (1) (A). ADDRESSES: Federal Communications below minimum Class C facilities; and the reallotment of Channel 242A from List of Subjects in 47 CFR Part 73 Commission, 445 Twelfth Street, SW., Washington, DC 20554. Morehead to Salt Lick, Kentucky, as its Radio, Radio broadcasting. FOR FURTHER INFORMATION CONTACT: first local service and the modification I Part 73 of Title 47 of the Code of Rolanda F. Smith, Media Bureau, (202) of the Station WIVY(FM) license to Federal Regulations is amended as 418–2180. specify Salt Lick as its community of follows: license. SUPPLEMENTARY INFORMATION: This is a PART 73—RADIO BROADCAST summary of the Commission’s Report List of Subjects in 47 CFR Part 73 SERVICES and Order, MB Docket No. 04–411, Radio, Radio broadcasting. adopted July 27, 2005, and released July I 1. The authority citation for Part 73 29, 2005. The full text of this I Part 73 of title 47 of the Code of Federal reads as follows: Commission decision is available for Regulations is amended as follows: inspection and copying during normal Authority: 47 U.S.C. 154, 303, 334 and 336. PART 73—RADIO BROADCAST business hours in the Commission’s SERVICES § 73.202 [Amended] Reference Center, 445 Twelfth Street, I 2. Section 73.202(b), the Table of FM SW., Washington, DC 20554. The I 1. The authority citation for part 73 Allotments under Alabama, is amended complete text of this decision may also continues to read as follows: by adding Munford, Channel 224A and be purchased from the Commission’s Authority: 47 U.S.C. 154, 303, 334 and 336. removing Channel 224A at Talladega. duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., § 73.202 [Amended] Federal Communications Commission. Room CY–B402, Washington, DC, I 2. Section 73.202(b), the Table of FM John A. Karousos, 20054, telephone 1–800–378–3160 or Allotments under Kentucky, is amended Assistant Chief, Audio Division, Media http://www.BCPIWEB.com. The by adding Salt Lick, Channel 249A. Bureau. Commission will send a copy of this I 3. Section 73.202(b), the Table of FM [FR Doc. 05–16067 Filed 8–16–05; 8:45 am] Report and Order in a report to be sent Allotments under Ohio, is amended by BILLING CODE 6712–01–P to Congress and the Government removing Channel 249A and by adding Accountability Office pursuant to the Channel 276A at Georgetown, by adding Congressional Review Act, see 5 U.S.C. Mason, Channel 249A, by removing FEDERAL COMMUNICATIONS 801(a)(1)(A). Oxford, Channel 249A, and by removing COMMISSION Channel 249A can be allotted to West Union, Channel 276A. Mason in compliance with the 47 CFR Part 73 Federal Communications Commission. Commission’s minimum distance [DA 05–2207; MB Docket No. 04–411; RM– separation requirements with a site John A. Karousos, 11096] restriction of 9.4 kilometers (5.8 miles) Assistant Chief, Audio Division, Media east of Mason at reference coordinates Bureau. Radio Broadcasting Services; 39–20–57 NL and 84–12–08 WL. [FR Doc. 05–16063 Filed 8–16–05; 8:45 am] Georgetown, Mason, and Oxford, OH, Channel 249A can also be allotted to BILLING CODE 6712–01–P Salt Lick, KY and West Union, OH Salt Lick in compliance with the Commission’s minimum distance AGENCY: Federal Communications FEDERAL COMMUNICATIONS separation requirements with a site Commission. COMMISSION ACTION: Final rule. restriction of 6.6 kilometers (4.1 miles) northeast of Salt Lick at reference 47 CFR Part 73 SUMMARY: This document grants a coordinates 38–10–15 NL and 83–34–31 petition filed by Balogh Broadcasting WL. Channel 276A can also be allotted [MM Docket No. 00–167; FCC 04–221] Company, Inc., licensee of Station to Georgetown in compliance with the WOXY(FM), Channel 249A, Oxford, Commission’s minimum distance Children’s Television Obligation of Ohio, Richard L. Plessinger, Sr., licensee separation requirements with a site Digital Television Broadcasters of Station WAXZ(FM), Channel 249A, restriction of 12.1 kilometers (7.5 miles) AGENCY: Federal Communications Georgetown, Ohio, and Dreamcatcher east at reference coordinates 38–52–14 Commission. Communications, Inc., licensee of NL and 83–45–55 WL. On May 17, 2004, ACTION: Final rule; announcement of Station WRAC(FM), Channel 276A, First Broadcasting Capital Partners, LLC effective date. West Union, Ohio requesting the became the licensee of Stations reallotment of Channel 249A from WOXY(FM) and WAXZ(FM) pursuant to SUMMARY: The Federal Communications Oxford to Mason, Ohio, as its first local assignment of license applications. See Commission has received Office of service and modification of the Station File Nos. BALH–20040126AMT and Management and Budget (OMB) WOXY(FM) license; reallotment of BALH–20040127ADR. approval for the revised public Channel 249A from Georgetown, Ohio This document also dismissed a information collection, OMB Control to Salt Lick, Kentucky, as its first local counterproposal filed Gateway Radio Number 3060–0750, Children’s service and modification of the Station Works, Inc., licensee of Station Television Obligation of Digital WAXZ(FM) license; and reallotment of WIVY(FM), Channel 242A, Morehead, Television Broadcasters, MB Docket No. Channel 276A from West Union to Kentucky, requesting the allotment of 00–167, FCC 04–221. FCC 04–221 was Georgetown, Ohio to prevent removal of Channel 249A at Livingston, Kentucky, published at 70 FR 25 (January 3, 2005), sole existing local service and as its first local service. To correction published at 70 FR 9876 modification of the Station WRAC(FM) accommodate this proposed allotment, (March 1, 2005). Therefore, the license. See 69 FR 67882, published the counterproposal also requested the Commission announces that 47 CFR

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73.671(c)(5) is effective September 19, Number 3060–0980, Implementation of DEPARTMENT OF TRANSPORTATION 2005. the Satellite Home Viewer Extension National Highway Traffic Safety DATES: The amendment to 47 CFR and Reauthorization Act of 2004, Administration 73.671(c)(5) published at 70 FR 25, Procedural Rules, FCC 05–81. FCC 05– January 3, 2005, and corrected at 70 FR 81 was published at 70 FR 21669, April 49 CFR Part 571 9876, March 1, 2005, is effective on 27, 2005. Therefore, the Commission September 19, 2005. announces that 47 CFR 76.66(d)(2) and [Docket No. NHTSA–2005–22113] SUPPLEMENTARY INFORMATION: The (d)(5) will become effective on August Federal Communications Commission 15, 2005. RIN 2127–AI09 has received OMB approval for revised DATES: The amendments to 47 CFR Federal Motor Vehicle Safety information collection, OMB Control 76.66 (d)(2) and (d)(5) published at 70 Number 3060–0750, Children’s Standards; Controls, Telltales and FR 21669, April 27, 2005, will become Television Obligation of Digital Indicators effective on August 15, 2005. Television Broadcasters, MB Docket No. AGENCY: National Highway Traffic 00–167; FCC 04–221. This rule was FOR FURTHER INFORMATION CONTACT: Safety Administration (NHTSA), published at 70 FR 25 (January 3, 2005), Kenneth Lewis, Media Bureau, (202) Department of Transportation (DOT). correction published at 70 FR 9876 418–2622 or [email protected]. ACTION: Final rule. (March 1, 2005). Through this Questions concerning OMB control document, the Commission announces number 3060–0980 and the expiration SUMMARY: In this document, we update that OMB approval for OMB Control date of the information collection our standard regulating motor vehicle Number 3060–0750 was received on should be directed to Cathy Williams, controls, telltales and indicators. The July 27, 2005. The effective date for rule Federal Communications Commission, standard specifies requirements for the 47 CFR 73.671(c)(5) is September 19, (202) 418–2918 or via the Internet at location, identification, and 2005. [email protected]. illumination of these items. This rule Pursuant to the Paperwork Reduction extends the standard’s telltale and Act of 1995, Public Law 104–13, an SUPPLEMENTARY INFORMATION: The indicator requirements to vehicles with agency may not conduct or sponsor a Federal Communications Commission a Gross Vehicle Weight Rating (GVWR) collection of information unless it has received OMB approval for the of 4,536 kg (10,000 pounds) and greater, displays a currently valid control revised information collection, OMB updates the standard’s requirements for number. Notwithstanding any other Control Number 3060–0980, multi-function controls and multi-task provisions of law, no person shall be Implementation of the Satellite Home displays to make the requirements subject to any penalty for failing to Viewer Extension and Reauthorization appropriate for advanced systems, and comply with a collection of information Act of 2004, Procedural Rules, FCC 05– reorganizes the standard to make it subject to the Paperwork Reduction Act 81. FCC 05–81, Procedural Rules, which easier to read. The standard requires, (PRA) that does not display a valid among other things, that certain control number. Questions concerning revises the local into local notification rule and creates the new rule for controls, telltales and indicators be the OMB control number and expiration identified by specified symbols or date should be directed to Cathy elections in markets in which significantly viewed signals are carried, words. While we proposed to expand Williams, Federal Communications the list of items for which specified were published in 70 FR 21669, April Commission, (202) 418–2918 or via the identification is required, we decided, 27, 2005. Through this document, the Internet at [email protected]. for purposes of this rule, to include only Commission announces that OMB Federal Communications Commission. the items and identification previously approval for OMB Control Number Marlene H. Dortch, specified in this standard or in another 3060–0980 was received on June 14, of our standards. Secretary. 2005 and was published at 70 FR 41735, DATES: Effective date: The effective date [FR Doc. 05–16387 Filed 8–16–05; 8:45 am] July 20, 2005. The effective date for the BILLING CODE 6712–01–P for this final rule is February 13, 2006. rules in 47 CFR 76.66(d)(2) and (d)(5) is Compliance date: The compliance date August 15, 2005. for the extension of the standard’s FEDERAL COMMUNICATIONS Pursuant to the Paperwork Reduction telltale and indicator requirements to COMMISSION Act of 1995, Public Law 104–13, an vehicles with a GVWR of 4,536 kg agency may not conduct or sponsor a (10,000 pounds) or greater is September 47 CFR Part 76 collection of information unless it 1, 2013. The compliance date for all [FCC 05–81] displays a currently valid control other requirements is February 13, 2006. number. Notwithstanding any other Voluntary compliance is permitted Implementation of the Satellite Home provisions of law, no person shall be immediately. Viewer Extension and Reauthorization subject to any penalty for failing to Petitions for reconsideration: Petitions Act (SHVERA) comply with a collection of information for reconsideration of the final rule must subject to the Paperwork Reduction Act be received not later than October 3, AGENCY: Federal Communications 2005. Commission. that does not display a valid control ACTION: Final rule; announcement of number. ADDRESSES: Petitions for reconsideration effective date. Federal Communications Commission. of the final rule must refer to the docket and notice number set forth above and Marlene H. Dortch, SUMMARY: The Federal Communications be submitted to the Administrator, Commission received Office of Secretary. National Highway Traffic Safety Management and Budget (OMB) [FR Doc. 05–16388 Filed 8–16–05; 8:45 am] Administration, 400 Seventh Street, approval for the revised public BILLING CODE 6712–01–P SW., Washington, DC 20590, with a information collection, OMB Control copy to Docket Management, Room PL–

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401, 400 Seventh Street, SW., (FMVSS) No. 101, Controls and would increase the recognition of that Washington, DC 20590. Displays, in 1967 (32 FR 2408) as one function among all drivers. Moreover, FOR FURTHER INFORMATION CONTACT: For of the initial FMVSSs. The standard the internationally recognized symbols non-legal issues you may call Ms. Gayle applies to passenger cars, multipurpose are independent of any particular Dalrymple, Office of Crash Avoidance passenger vehicles (MPVs), trucks, and language. Standards at (202) 366–5559. Her FAX buses.1 The purpose of FMVSS No. 101 The function of FMVSS No. 101 is not number is (202) 366–7002. For legal is to assure the accessibility and to limit or regulate the number of issues, you may call Ms. Dorothy visibility of motor vehicle controls and controls, telltales and indicators in Nakama, Office of the Chief Counsel at displays under daylight and nighttime vehicles but to ensure that when a (202) 366–2992. Her FAX number is conditions, in order to reduce the safety regulated control, telltale, or indicator is (202) 366–3820. You may send mail to hazards caused by the diversion of the provided, it is properly identified. both of these officials at National driver’s attention from the driving task, Whether that identification is a word, an Highway Traffic Safety Administration, and by mistakes in selecting controls. abbreviation, or a graphic, it is a means 400 Seventh St., SW., Washington, DC, At present, FMVSS No. 101 specifies of representing a specific vehicle 20590. requirements for the location (S5.1), function or condition. We tentatively identification (S5.2), and illumination concluded that, in response to the SUPPLEMENTARY INFORMATION: (S5.3) of various controls and displays. increase in the number of controls in Table of Contents It specifies that those controls and vehicles, it would be desirable to I. Background displays must be accessible and visible require each control to be labeled with II. Notice of Proposed Rulemaking of to a driver properly seated wearing his the same symbol in every vehicle in September 2003 or her safety belt. Table 1, order to minimize driver confusion and A. Standardizing Identifying Symbols for ‘‘Identification and Illumination of distraction. We believed that, after a Additional Controls and Displays Controls,’’ and Table 2, ‘‘Identification period of learning by drivers, symbols B. Updating Identification Requirements and Illumination of Displays,’’ indicate would be generally recognized as to the for Advanced Multi-Function Controls With Remote Displays which controls and displays are subject function or condition they represent. C. Harmonizing With Canadian and to the identification requirements, and The foregoing considerations led us to International Standards how they are to be identified, colored, propose the use of graphic symbols that III. Public Comments and NHTSA’s Response and illuminated. were, with a few exceptions (that were A. New Definitions discussed in the NPRM), the same as II. NPRM of September 2003 1. ‘‘Adjacent’’ that specifically established by the 2. ‘‘Common space’’ On September 23, 2003, NHTSA International Standards Organization 3. ‘‘Control’’ published in the Federal Register (68 (ISO) for controls and displays in motor 4. ‘‘Indicator’’ FR 55217) 2 a notice of proposed vehicles, ISO 2575:2000. 5. ‘‘Multi-function control’’ and ‘‘Multi- rulemaking (NPRM) to modernize task display’’ B. Updating Identification Requirements 6. ‘‘Telltale’’ FMVSS No. 101. Two primary concerns were behind the proposal. The first was for Multi-function Controls With Remote B. Applicability to Vehicles of 4,536 kg Displays (10,000 lb) or Greater GVWR the standardization of identifying C. Illumination, and Visibility symbols for additional controls and In the NPRM, we tentatively Requirements Under Daylight and displays, and the second was updating concluded that there was a need to Nighttime Conditions identification requirements for amend FMVSS No. 101 in response to D. Proposed New Tables advanced multi-function controls with the development and increased use of E. Common Space for Displaying Multiple remote displays. In addition, the NPRM advanced multi-function controls linked Messages sought to harmonize FMVSS No. 101 F. Identification of Multi-function Controls to a display screen remote from the G. No Conforming Amendments to Other with a draft Global Technical Regulation control itself to convey information to Standards on controls and displays that the United drivers about the status of multiple H. Location and Visibility Requirements States and Canada had sponsored vehicle systems and means of I. Other Issues jointly. Each of these issues is discussed controlling those systems. This was 1. Combining Controls below. partially in response to a petition for 2. Color rulemaking from the Alliance of IV. Leadtime and Costs A. Standardizing Identifying Symbols for Additional Controls and Displays Automobile Manufacturers (Alliance). V. Final Rule We stated our belief that FMVSS 101’s VI. Statutory Bases for the Final Rule In the NPRM, we tentatively VII. Regulatory Analyses and Notices current requirement that the concluded that requiring vehicle identification for controls ‘‘be placed on A. Executive Order 12866 and DOT controls and displays to be consistently Regulatory Policies and Procedures or adjacent to the control’’ restricts B. Regulatory Flexibility Act identified by means of an unnecessarily the design of these types C. National Environmental Policy Act internationally recognized set of of systems. Accordingly, we proposed D. Executive Order 13132 (Federalism) graphics in all vehicles would promote two new definitions and a limited E. Executive Order 12988 (Civil Justice safety. We believed that this was exclusion from the adjacency Reform) particularly important as the controls requirement to accommodate those F. Paperwork Reduction Act and displays in vehicles increase in systems. The proposed definitions were: G. National Technology Transfer and number and complexity and that the Advancement Act Multi-function control means a consistent use in all new motor vehicles control through which the driver may H. Unfunded Mandates Reform Act of 1995 of a single symbol for each function I. Plain Language select, and affect the operation of, more J. Regulation Identifier Number (RIN) than one vehicle function. Final Regulatory Text 1 At present, the standard’s requirements for Multi-task display means a display on displays do not apply to vehicles 4,536 kilograms which more than one message can be I. Background (10,000 pounds) or more GVWR. However, this final rule extends the Standard’s requirements for shown simultaneously. NHTSA issued the original version of displays to those vehicles. The proposed exclusion to the Federal Motor Vehicle Safety Standard 2 DOT Docket No. NHTSA–03–16194. adjacency requirement of S5.1.3 was:

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S5.1.4 The requirement of S5.1.3 development of GTRs under the 1998 or greater). The compliance date for this does not apply to a multi-task control, Global Agreement that included extension is September 1, 2013. provided: controls and displays. The regulatory We decided not to expand at this time (a) The control is depicted in an text proposed in the NPRM was the symbols or other items listed in associated multi-task display, essentially the same as the draft GTR at FMVSS No. 101, other than adding (b) The associated multi-task display that time. items already included in other is visible to the driver under the The United States continues to FMVSSs. While we may revisit this conditions of S5.6.1 and S5.6.2, and participate in the development of a GTR issue in a future rulemaking, we would (c) All of the vehicle systems for on controls and displays. At such time want to conduct additional analyses and which control is possible from the as there is a final GTR on controls and possibly research relating to issues multi-task control are identified in the displays, we will consider it in raised by the commenters. We will associated multi-task display. accordance with the 1998 agreement. continue to regulate the same controls, Subfunctions of the available systems telltales and indicators as are presently need not be shown on the top-most III. Public Comments and NHTSA’s specified in Tables 1 and 2 in FMVSS layer of the multi-task display. Response No. 101 or in another Federal motor C. Harmonizing With Canadian and In response to the NPRM, NHTSA vehicle safety standard, and to specify International Standards received comments from: AAA; the same symbols or words. The format of the tables is changed so that in this Another topic of the NPRM was Advocates for Highway and Auto Safety; Alliance of Automobile Manufacturers final rule, Table 1 specifies the international harmonization of controls identifiers for controls, telltales and and displays standards. NHTSA (Alliance); American Honda Motor Co., indicators that have color or consulted with Transport Canada Inc.; American Trucking Associations illumination requirements, while Table (Canada’s counterpart to the U.S. (ATA); Applied Safety and Ergonomics, 2 specifies the identifiers for controls, Department of Transportation) in the Inc.; Association of International telltales and indicators that have no late 1990s about Canada’s controls and Automobile Manufacturers, Inc. color or illumination requirements. displays standard, i.e., Canadian Motor (AIAM); Bendix Commercial Vehicle Systems LLC; BMW Group; Blue Bird The primary issues raised by NHTSA Vehicle Safety Standard 101. The joint in the NPRM, the public comments, and goal of NHTSA and Transport Canada in Company; Fed Ex; General Motors North America; Hino Motors, Ltd.; Honda NHTSA’s response to the comments, are these talks was to develop potential discussed below. revisions to their respective standards Motor Company, Ltd. (in Tokyo); ISO so that, consistent with safety needs, TC22/SC13 WG5; Mr. Mac B. Johnson; A. New Definitions National Automobile Dealers they would be better organized, easier to In S4, Definitions, after considering understand, and consistent with the Association; Public Citizen; Ms. Barb Sachau; Truck Manufacturers all public comments received on each of positions of the U.S., Canada, and the proposed new definitions, NHTSA European standards organizations. The Association (TMA); Mr. Frank D. Werner; and Western Ergonomics. has adopted as final the following new NPRM was based in part on that or amended definitions: collaboration. Most of the commenters addressed the 1. ‘‘Adjacent’’—At present, the term The United States participates in the proposal to include an expanded set of ‘‘adjacent’’ appears in FMVSS No. 101’s United Nations/Economic Commission controls, telltales, and indicators in ‘‘Identification’’ section at S5.2.1(a): for Europe World Forum for Tables 1 and 2, and the identification to ‘‘The identification appears on or Harmonization of Vehicle Regulations be used for those items. Many adjacent to the control’’ and at S5.2.3: (also known as Working Party 29 or WP. commenters opposed the proposed ‘‘The identification required or 29) under a 1998 Agreement known as expansion of the items to be regulated permitted by this section shall be placed the 1998 Global Agreement. The 1998 and identifying symbols, and provided on or adjacent to the display that it Global Agreement provides for the detailed comments on many of the identifies.’’ The word ‘‘adjacent’’ is not establishment of global technical proposed symbols. Comments were also presently defined in FMVSS No. 101. In regulations (GTRs) regarding the safety, received on the issue of regulating the past, the term ‘‘adjacent’’ has been emissions, energy conservation and multi-function controls and multi-task the subject of several requests for theft prevention of motorized wheeled displays, especially in relation to the interpretation of what ‘‘adjacent’’ means vehicles, equipment and parts. The S5.13 requirement that identifications for controls that are identified by images Agreement contains procedures for for controls, telltales and indicators that appear on a digital display screen. establishing global technical regulations must be placed ‘‘on or adjacent to the In the September 2003 NPRM, we by either harmonizing existing telltale, indicator or control that it proposed to define ‘‘adjacent’’ as: regulations or developing new ones. identifies.’’ The comments addressing Adjacent, with respect to a symbol On July 18, 2000, in anticipation of this issue generally were in favor of it, identifying a control, telltale or the 1998 Global Agreement’s entry into with several recommending minor indicator, means: force, NHTSA published a request for changes to the proposed regulatory text. (a) The symbol is in close proximity public comments on the agency’s list of After considering the public to the control, telltale or indicator; and preliminary recommendations of comments, we have decided to adopt a (b) No other control, telltale, standards or aspects of standards for provision to provide a limited exclusion indicator, identifying symbol or source consideration by the Contracting Parties for multi-function controls from the of illumination appears between the to the Agreement in prioritizing the standard’s requirement that identifying symbol and the telltale, development and establishment of GTRs identification be ‘‘on or adjacent’’ to the indicator, or control that the symbol under the Agreement (65 FR 44565). control. We made some changes to the identifies. One of NHTSA’s preliminary proposed provision in light of the We explained that this definition of recommendations in the notice comments. ‘‘adjacent’’ would put into the concerned controls and displays. In We are also extending FMVSS No. regulatory text the definition of March 2002, WP. 29 adopted a work 101’s display requirements to vehicles ‘‘adjacent’’ that we have used in FMVSS program of initial priorities for with GVWRs of 4,536 kg (10,000 pounds No. 101 interpretation letters such as a

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June 8, 2000 letter to an unidentified NHTSA notes that there is a to extend the standard’s display company, and a February 27, 2001 letter distinction between ‘‘indicators’’ and requirements to these vehicles to ensure to Mazda North American Operations. ‘‘controls.’’ It is the service brake that drivers are able to see and identify In its comments, Western Ergonomics, indicator that must always appear ‘‘in their displays as easily as do drivers of Inc. (WEI) suggested that the term ‘‘close view of the driver.’’ lighter vehicles. proximity’’ (used in paragraph (a) of the We further note that defining In response to the NPRM, the definition) be defined: ‘‘* * *in terms ‘‘controls’’ as hand-operated makes American Trucking Association (ATA) of the visual angle between symbol and repeating ‘‘hand-operated’’ unnecessary recommended that vehicles with control, as defined relative to driver’s whenever the word ‘‘control’’ is used in GVWRs of 4,536 kg (10,000 pounds) or eye location.’’ We have decided not to FMVSS No. 101. We received no public greater continue to be excluded from the adopt this suggestion. We believe the comment informing us of any current display requirements of FMVSS No. meaning of ‘‘close proximity’’ is vehicles with high beam, windshield 101. ATA commented that NHTSA did sufficiently clear without additional washer or wiper controls that are foot not present data regarding the safety language. Therefore, the definition of operated. We continue to see no need, benefits of enacting the proposed rules ‘‘adjacent,’’ as proposed in the NPRM, is as a practical matter, to include a and that the compliance costs are not adopted in the final rule. requirement that service brakes, trivial: 2. ‘‘Common space’’—At present, accelerators, and clutches be operable Tooling and redesign costs of traditional ‘‘common space’’ is used but not by the driver. Therefore, in this final switchgear, controls and displays are not defined in FMVSS No. 101. In the rule, NHTSA adopts the definition of amortized over the life of one model cycle. September 2003 NPRM, we proposed to ‘‘control’’ proposed in the NPRM. They continue to be used over many cycles define ‘‘common space’’ as: ‘‘an area on 4. ‘‘Indicator’’—In the September and thus, by forcing manufacturers to 2003 NPRM, we proposed to use redesign their controls it will increase the which more than one telltale, indicator, design, development, documentation, identifier or other message may be ‘‘indicator’’ to replace the term ‘‘gauge’’ because ‘‘gauge’’ connotes an analog training, maintenance, and repair costs of all displayed, but not simultaneously.’’ The display whereas ‘‘indicator’’ does not. parties involved. proposed definition was intended to We proposed to define ‘‘indicator’’ as ‘‘a While we have considered ATA’s address designs in which a ‘‘common device that shows the magnitude of comment, we continue to believe that space’’ is used to display more than one physical characteristics that the there is a safety need for drivers of warning, message or identification, but instrument is designed to sense.’’ No heavier vehicles to see and identify their not simultaneously. No commenter commenter addressed the proposed displays, just as there is for drivers of commented on the proposed definition definition, and in this final rule, lighter vehicles. and, in this final rule, we adopt as final, NHTSA adopts the definition of We note, however, that since (for the definition of ‘‘common space’’ ‘‘indicator’’ proposed in the NPRM. reasons discussed below) Tables 1 and proposed in the NPRM. 5. ‘‘Multi-function control’’ and 2 include far fewer controls, telltales 3. ‘‘Control’’—At present, FMVSS No. ‘‘multi-task display.’’ As discussed and indicators than proposed in the 101 regulates both hand-operated earlier, in the September 2003 NPRM, NPRM (and none of the ones exclusive controls and foot-operated controls. we proposed definitions of ‘‘multi- to vehicles of 4,536 kg GVWR and over), However, the requirement for foot- function control’’ and ‘‘multi-task the costs of meeting the requirements in operated controls are very limited. display’’ to address advanced vehicle this final rule are lessened considerably. Specifically, FMVSS No. 101 requires designs that use controls that select Moreover, to address concerns about that certain foot-operated controls, i.e., several different vehicle functions and costs, since vehicles of 4,536 kg (10,000 those for service brake, accelerator, display information about those pounds) or greater GVWR have longer clutch, high beam, windshield washer functions on a display that is remote redesign cycles than do lighter and windshield wiper, must be operable from the control. A multi-function passenger vehicles, we are providing an by the driver. control was proposed to be defined as: eight-year lead time for heavy vehicle In the September 2003 NPRM, we ‘‘a control through which the driver may compliance with the requirements for proposed to limit the term ‘‘control’’ select, and affect the operation of, more telltales and indicators. (and thus FMVSS No. 101 itself), to than one vehicle function.’’ A multi-task C. Illumination, and Visibility hand-operated controls because we were display was proposed to be defined as: unaware of any current vehicles whose Requirements Under Daylight and ‘‘a display on which more than one Nighttime Conditions high beam, or windshield washer or message can be shown simultaneously.’’ wiper controls are foot-operated and 6. ‘‘Telltale’’—In the September 2003 The present language of FMVSS No. because we saw no need, as a practical NPRM, we proposed to define ‘‘telltale’’ 101 at S.5.3.3(a) states that means shall matter, to include a requirement that as an ‘‘optical signal that, when be provided for making controls, gauges, service brakes, accelerators, and illuminated, indicates the actuation of a and the identification of those items clutches be operable by the driver. device, a correct or improper ‘‘visible to the driver under all driving Federal Express and the American functioning or condition, or a failure to conditions.’’ In the September 2003 Trucking Association (ATA) did not function.’’ No commenter addresses the NPRM, we proposed the narrower agree with NHTSA’s distinguishing proposed definition, and in this final language ‘‘visible * * * under daylight between hand and foot controls, as ‘‘a rule, NHTSA adopts the definition of and nighttime conditions’’ because control is a control regardless of hand or ‘‘telltale’’ proposed in the NPRM. under some extreme lighting conditions foot activated.’’ Noting that while (e.g. driving directly into a sunrise or accelerators and clutches do not always B. Applicability to Vehicles of 4,536 kg sunset), it is virtually impossible to have indicators on the dash, ATA stated (10,000 Pounds) or Greater GVWR make illuminated items (even after that a truck service brake does have an At present, S5 of FMVSS No. 101 adjusting the level of illumination) or indicator light/release light on the excludes vehicles of 4,536 kg (10,000 non-illuminated items visible to the dash—some are hand and some are foot- pounds) or greater GVWR from its driver. NHTSA stated its belief that, for activated, but both are activated by the location, illumination, and color the most part, the instances in which driver and deactivated by the driver. requirements for displays. We proposed the driver cannot see symbols are of

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short duration, and therefore would not S5.3.2.2(d)(1) states: ‘‘If the level of want to conduct additional analyses and cause a safety problem if the telltales brightness is adjusted by automatic possibly research relating to issues and/or their identifiers were not visible means to a point where those items or raised by the commenters. to the driver during that short time their identification are not visible to the We have, however, decided to adopt period. driver, means shall be provided to the format of the tables proposed in the Commenting on the NPRM, and enable the driver to restore visibility.’’ NPRM, to make identifiers easier to find addressing illumination in general, Mr. After considering the comments, we in the tables. Therefore, in this final Mac Johnson commented that paragraph are adopting the proposed language at rule, for controls, telltales, and (e) of S5.3.1 Timing of illumination S5.3.2.1 that means shall be provided indicators, Table 1 specifies identifiers, should be ‘‘liberalized’’ to permit the for illuminating the indicators, color requirements and whether telltales to be illuminated at more times identifications of indicators and illumination is required for a control, than just the malfunctions or vehicle identifications of controls listed in telltale, or indicator, and specifies conditions the telltales are designed to Table 1 to make them ‘‘visible to the which have illumination or color indicate, or when the propulsion system driver under daylight and nighttime requirements. Table 2 specifies is activated. According to Mr. Johnson, driving conditions.’’ identifiers for controls, telltales, and FMVSS No. 101 should be expanded to indicators other than those listed in D. Proposed New Tables allow the manufacturer the option of Table 1. No color or illumination including a ‘‘manual test’’ of any telltale In the NPRM we proposed two tables, requirements are specified in Table 2. or group of telltales while electrical each of which would include both The final rule at S5.2.3 states: power is on. Being able to test subsets controls and displays. In Table 1, we ‘‘Supplementary symbols, words, or of all the telltales allows the driver to proposed to specify symbols, color abbreviations may be used at the see where each is located and what each requirements, and whether illumination manufacturer’s discretion for the looks like. NHTSA has accommodated is required for controls, telltales, and purpose of clarity in conjunction with Mr. Johnson’s suggestion by deleting the indicators for which we proposed any symbol, word, or abbreviation words ‘‘upon propulsion system illumination or color requirements. We specified in Table 1 or Table 2.’’ activation’’ from S5.3.1.(e). noted that the proposed requirement In addition, we are addressing Hino Motors asked for an exclusion reflected requirements already in comments made about the following from illumination requirements when FMVSS No. 101, Canadian Motor individual symbols proposed in Table 1 the control is ‘‘located on the floor, floor Vehicle Safety Standard No. 101, ECE or Table 2 in the NPRM: console, steering wheel, or steering 78/316, or are included in the draft GTR TMA commented on the ‘‘windshield column, or in the area of windscreen on ‘‘Hand controls, telltales, and defrosting and defogging system’’ and [windshield] header, or to controls for indicators.’’ ‘‘rear window defrosting and defogging heating and air conditioning system if We also proposed Table 2, which system’’ icons. TMA stated that these the system * * * does not direct air would specify symbols for controls, ‘‘illuminated telltale[s] should be green, directly upon the windscreen.’’ We note telltales, and indicators other than those not yellow.’’ NHTSA notes that Table 1 that this exclusion was included in the listed in proposed Table 1. Table 2 of this final rule specifies identification NPRM at S5.3.1(a) at p. 55227 in the would not include color or illumination requirements for controls for the Federal Register. In this final rule, Hino requirements. The symbols in each of windshield defrosting and defogging Motors will find the requested the proposed tables were essentially system and rear window defrosting and exemption for the specified controls identical to the ISO symbols, with a few defogging system. (These controls are from the illumination requirements at exceptions. No English words or included in the existing FMVSS No. S5.3.1(a) in the second sentence. abbreviations appeared in the proposed 101). For these controls, NHTSA TMA asked NHTSA to clarify if it will tables, except that we proposed that the specifies illumination, but not a color. continue to allow, for controls and brake malfunction telltales include the TMA also commented on tire indicators, adjustment of brightness to a word ‘‘Brake’’ for five years for light malfunction indicators, including ones level that is not visible to a seated vehicles and eight years for heavy indicating low pressure. It stated that driver. NHTSA’s response is that the vehicles. provision should be made for a language at S5.3.3(b)(3) allowing ‘‘levels The proposed expansion of the pictogram of a truck or tractor as well of brightness at which [controls, gauges FMVSS No. 101 tables was the subject as a car. and the identification of those items] are of most of the public comments. In We note that as part of the agency’s not visible’’ was removed to clean up general, the commenters addressing this April 8, 2005 final rule (67 FR 18136) the regulatory text. The language at issue recommended that the agency not on Tire Pressure Monitoring Systems S5.3.3(b)(3) requires two levels of expand Tables 1 and 2. (TPMS), we adopted a symbol depicting brightness, and describes those required Most of the commenters addressing a car for low tire pressure telltales levels. It should be clear that the the proposed tables generally stated the which identify which tire has low manufacturer may provide as many view that symbols would not be as well pressure. That rule requires TPMS on additional levels of brightness as it understood by the driver as English ‘‘new passenger cars, multi-purpose desires. However, the language was of words. Some commenters objected to passenger vehicles, trucks and buses long standing in FMVSS No. 101, so to the number of vehicle functions for with a gross vehicle weight rating avoid confusion, in this final rule, the which we proposed to require a specific (GVWR) of 4,536 kg (10,000 pounds) or language is restored at S5.3.2.2(d). symbol. less, except those with dual wheels on Blue Bird recommended that ‘‘every After considering the public an axle.’’ Thus, there are presently no illumination system contain manual comments for this final rule, we have TPMS requirements for buses or trucks controllability, even though an decided not to expand at this time the over 4,536 kg, although TPMS could be automatic system is incorporated.’’ We symbols or other items listed in FMVSS provided voluntarily for these vehicles. note that, as discussed above, we are No. 101, other than including some We agree that different identification including certain language in S5.3.2.2(d) items already required by other might be appropriate for telltales for that is currently part of the standard but FMVSSs. While we may revisit this heavy vehicles. Accordingly, we are was omitted from the proposal. issue in a future rulemaking, we would adding a footnote indicating that the

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standard’s requirements for telltales E. Common Space for Displaying identity is confidential, a February 28, relating to TPMS apply only to vehicles Multiple Messages 2001 interpretation to Mazda, and a subject to the TPMS standard. At present, FMVSS No. 101 specifies January 10, 2002 interpretation to TMA commented that requiring the that a common space may be used to Porsche. odometer to spell out ‘‘MILES’’ instead display messages from any source, Over the years, we have sought to of ‘‘Mi’’ is overly restrictive. In this final subject to several requirements. One of interpret FMVSS No. 101 in a broad rule, in Table 2, the odometer must the current requirements is that the manner, to accommodate new specify ‘‘kilometers or km,’’ if the unit telltales for the brake, high beam, turn technology. As we explained in our of measurement is the kilometer. signal, and safety belt (telltales of letter to Porsche, however, there is a Otherwise, no identifier is required. limit to how much we can do by The American Trucking Association particular safety significance) may not be shown in the ‘‘common space.’’ This interpretation as opposed to conducting (ATA) stated that the automatic vehicle rulemaking to facilitate the use of new speed indicator does not account for requirement ensures that these telltales, if activated, are always visible to the technology. adaptive cruise control systems, which In the NPRM, we stated our belief that driver. maintain headway in either time or FMVSS No. 101’s current requirement distance from a lead vehicle. Automatic In the September 2003 NPRM, we proposed to expand the list of telltales that the identification for controls ‘‘be vehicle speed is a control specified in placed on or adjacent to the control’’ has Table 1 of this final rule. The control (of particular safety significance) that could be in a common space, but could a particular potential to restrict the use must be illuminated. In some cases, of these advanced design concepts. The adaptive cruise controls are not turned not share a common space with other specified telltales of particular safety system that Porsche asked about on or off by the driver, but are regulated included a ‘‘combination multi-function by the vehicle’s computer system. significance, so the list of telltales would include: The telltales for any switch/rotary dial,’’ similar to a joystick, NHTSA believes that there is no located on the center console between ambiguity about the systems to which brake system malfunction; front air bag malfunction; side air bag malfunction; the driver’s seat and the front passenger the automatic vehicle speed control seat, and a small display screen on the entry applies, since the entry is of long low tire pressure; passenger air bag off; high beam; turn signal; and seat belt. We dashboard. The display screen provided standing. Adaptive cruise controls were the identification for the various developed after the automatic vehicle proposed in the NPRM that if one of these telltales is activated, it is required functions of the dial, which changed as speed control entry was created. Thus, different functions were selected. Thus, the automatic vehicle speed control to displace any other symbol or message in that common space while the the dial needed to be operated in entry in Table 1 does not apply to conjunction with the display screen. As adaptive cruise controls. underlying condition that caused the telltale’s activation exists. we explained in our letter to Porsche, ATA also commented that the heating however, the dial (i.e., the control) and and/or air conditioning fan symbol does We did not receive any public the related display (which provided the not address the need for engine fan comments on the proposed changes to identification for functions of the switches, which can be controlled by the common space for displaying control) could not be considered to be the operator. NHTSA notes that in this multiple messages. Therefore, in this ‘‘adjacent,’’ given the distance between final rule, the control is clearly specified final rule, we are adding to S5.5.2 the them. in Table 1 as ‘‘heating and/or air specified telltales of particular safety On November 23, 2001, the agency conditioning fan,’’ not engine fan. Thus, significance that we proposed in the received a petition for rulemaking from the Table 1 requirements apply to NPRM. S5.5.2 will read: ‘‘The telltales the Alliance of Automobile controls for the fan regulating the for any brake system malfunction, the Manufacturers (Alliance) to eliminate vehicle interior’s heating and/or air air bag malfunction, the side air bag the adjacency requirement from the conditioning. The Table 1 requirements malfunction, low tire pressure, current FMVSS No. 101, S5.2.1(a). The do not apply to engine fan controls. passenger air bag off, high beam, turn agency granted the petition and, in the Nothing in this final rule prevents signal and seat belt must not be shown September 23, 2003 NPRM, addressed manufacturers from labeling the engine in the same common space.’’ The fan control as they see fit. changes adopted in this final rule the issues raised in the Alliance Western Ergonomics, Inc. stated that continue to ensure that these telltales of petition. The Alliance stated the view allowing speedometers to be indicated particular safety significance, if that the current language of S5.2.1(a) in km/h as an option, rather than as a activated, will always be visible to the * * * has become an inadvertent design requirement (with MPH) is a ‘‘mistake,’’ driver, but give vehicle manufacturers restriction on technologically advanced since many American vehicles are increased flexibility in instrument panel vehicle control and display systems. The driven in Canada where the speed limits design. Alliance further stated that it believes that are designated in km/h. We note that such an amendment is needed to facilitate the introduction of advanced vehicle control although many American cars are F. Identification of Multi-Function Controls and display systems that can enhance vehicle driven in Canada, most of them are not. safety by reducing the need for a driver to Since speed limits in the U.S. are As explained in detail in the take his or her eyes [off] the roadway to expressed in MPH, in this final rule we September 2003 NPRM, over the past operate multiple vehicle controls and by are only requiring speedometers to be several years, we have addressed several reducing the potential for driver confusion indicated in MPH. However, the rule requests for interpretation asking how that could arise from ‘‘information overload’’ permits manufacturers, at their option, FMVSS No. 101’s requirements for from multiple identification symbols on a to designate speedometers in MPH and identifying controls apply to advanced single control. km/h. Americans who drive in Canada design concepts that use one control to The Alliance recommended particular (and other parts of the world that use access many vehicle functions, and that language to be used to replace S5.2.1(a). kilometers) can look for the km/h display those functions on a screen that In the NPRM, we noted several designation in the speedometers before is remote from the control. Our concerns about the Alliance purchasing, leasing, or renting motor interpretations include one dated June recommendation and proposed language vehicles. 8, 2000 to a manufacturer whose that would give a limited exclusion

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from the adjacency requirement if the is up to the manufacturer to decide those are the active functions of the control is depicted in a display that is which identifying graphics or words to multi-function control. For lower levels located in the driver’s view and that use for its design. of multi-task displays with layers, clearly shows all functions available As to the identification of the identification is permitted but not from that control. We also proposed a functions operated by the multi- required for systems not otherwise definition for ‘‘multi-function control’’ function control, we note that there are regulated by this standard. (as discussed above). Further, we sought many potential designs that As to the Alliance’s concern that comment on issues related to the use of manufacturers could use. Some but not identification is required for controls multi-function controls and multi-task all designs may involve multiple layers. that FMVSS No. 101 does not otherwise displays as well as comment on the A multi-layer design might include regulate, we note that, for the final rule, proposed regulatory language itself. several vehicle systems that are such additional identification is very The Alliance and GM commented that depicted on the top-most layer, e.g., limited. First, since S5.1.4 simply a requirement that the control be climate, navigation, and audio, whose provides an exception to S5.1.3, it only ‘‘depicted’’ in the display (proposed at specific control functions are operated has application for controls that include S5.1.4(a)) is too design restrictive and by scrolling through one or more functions specifically regulated by not technically consistent with the subsequent layers. For example, FMVSS No. 101. Second, the rule only designs of advanced control and display selection of ‘‘climate’’ by a vehicle requires identification of additional systems. The Alliance stated that the operator might lead to a second layer items (not otherwise regulated by the control itself is not depicted in the depicting heating and cooling, the standard) for the top-most layer of the multi-task display; rather, it is the selection of which leads to a third associated multi-task display. function being displayed that is screen depicting temperature and fan We believe that to the extent depicted. speed. The Alliance and GM also expressed We agree with the Alliance that it manufacturers include additional concern that the proposed language would not be appropriate to require the functions (not otherwise regulated by stated that ‘‘all’’ of the vehicle systems various subsystems to be depicted on FMVSS No. 101) as part of the same for which control is possible from the the top-most layer. There would often multi-function control that includes multi-task control must be identified in not be space to depict all such items listed in the standard, it would be the associated multi-task display. They subsystems and, even if there were, confusing if those additional functions noted that this language appeared to identification of numerous subsystems were not identified. This could make it extend to controls that NHTSA does not might create a cluttered appearance and more difficult for users to operate the regulate, such as sound system controls. cause confusion. Also, recognizing the control for the items specifically These commenters suggested the large variety of potential designs, we addressed by FMVSS No. 101. However, following language for S5.1.4: under the final rule, manufacturers may S5.1.4 The requirement of S5.1.3 want to take care not to establish requirements that may be unnecessarily identify the additional functions in any does not apply to a multi-function way they choose, and the requirement control, provided: design-restrictive. We believe it is appropriate to focus only applies to the top-most layer of the (a) The control is associated with a associated multi-task display. We do not multi-task display, on requirements for the identification to (b) The multi-task display is visible to be provided in two situations: (1) the believe this will be burdensome and, in the driver under the conditions of S5.6.1 top-most layer of any multi-function fact, believe manufacturers would be and S5.6.2, and control that has layers, and (2) the highly likely to provide such identification of active functions of identification in the absence of such a (c) Each system containing any requirement. control listed in column 1 of Table 1 controls listed in Tables 1 and 2, i.e., We are also requiring that the controls that can be selected from the multi-task functions that are immediately affected of Table 1 and Table 2 be identified control is identified in the associated by operation of the control to change the with the identification specified in multi-task display. Subfunctions of the state of the vehicle or subsystem. Accordingly, for the final rule, S5.1.4 those tables or otherwise required by the available systems need not be shown on states: standard, whenever those are the active the top-most layer of the multi-task S5.1.4 The requirement of S5.1.3 functions of the multi-function control. display. does not apply to a multi-function In response to these comments, we We note that for a multi-task display control, provided the multi-function believe GM/Alliance’s suggested with layers, paragraph (c) would require control is associated with a multi-task language of ‘‘associated with’’ is identification on the top-most layer of display that: each system for which control is insufficient. We believe that the driver (a) Is visible to the driver under the possible from the associated multi- must have some visual clue that the conditions of S5.6.1 and S5.6.2, display contains information about the (b) Identifies the multi-function function control, including systems not functions available from the control with which it is associated otherwise regulated by this standard. multifunction control. However, while a graphically or using words, Paragraph (d) would then require any depiction of the multi-function control (c) For multi-task displays with controls listed in Table 1 and Table 2 to would provide the driver the necessary layers, identifies on the top-most layer be identified with the identification information, we agree that it is each system for which control is specified in those tables or otherwise unnecessary to limit the identification possible from the associated multi- required by this standard, whenever to such a depiction. Accordingly, the function control, including systems not those are the active functions of the final rule provides, as one of the otherwise regulated by this standard. multi-function control. conditions that must be met in order for Subfunctions of the available systems It is possible that there could be one a multi-function control not to be need not be shown on the top-most or more intermediate layers that are not subject to the identification adjacency layer of the multi-task display, and active, e.g., layers which are used not to requirement, that the associated multi- (d) Identifies the controls of Table 1 immediately change the state of the task display must identify the multi- and Table 2 with the identification vehicle or subsystem but instead take function control with which it is specified in those tables or otherwise the user to a specific control that is associated graphically or using words. It required by this standard, whenever active. We are not specifying

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identification requirements for such immediately change the state of the requirements that could be affected by intermediate, non-active layers. vehicle or subsystem but instead take the proposed changes to FMVSS No. To illustrate this, we will consider the the user to a specific control that is 101. We stated that we would make any following example of a multi-function active. We are not specifying necessary conforming amendments to control with an associated multi- identification requirements for such those standards as part of the final rule function display. The top-most layer of intermediate, non-active layers. amending FMVSS No. 101. In this final the display includes several systems, In its comments, Western Ergonomics, rule, because we have decided to keep including climate control. Inc. (WEI) asked whether the multi- all the current identifiers for telltales, function control itself must be labeled if and have included no new controls, FIGURE 1.—ILLUSTRATIVE EXAMPLE OF a screen shows all the functions. WEI telltales or indicators in Table 1 or Table SYSTEMS AND CONTROLS VISIBLE expressed the view that it ‘‘seems 2, no conforming amendments to other ON DIFFERENT LAYERS OF A MULTI- appropriate to label the control itself in FMVSSs are necessary. Changes made to TASK DISPLAY order for the operator to know which of FMVSS No. 101 as a result of the April several controls it is. This is more the 8, 2005 (67 FR 18136) final rule on Tire case in larger trucks.’’ In response, Pressure Monitoring Systems (TPMS) System or function visible on Layer display NHTSA notes that in the final rule, are included in this final rule. S5.1.4 excludes all multi-function Climate ...... 1 (top-most) controls (including the main multi- H. Location and Visibility Requirements Heat, Cool ...... 2 function control) from the ‘‘on or In response to the NPRM, AIAM Temperature Setting Fan 3 adjacent to’’ requirement, as long as the recommended that the requirements in Speed. control is associated with a multi-task FMVSS No. 101 be limited to ‘‘safety display that meets the specified critical’’ controls, telltales, and Paragraph (c) would require conditions. Nothing in S5.1.4 prohibits identification of the climate system on indicators. AIAM stated that a more the manufacturer from labeling the main limited scope would still facilitate the top-most layer. Since heating and air multi-function control to meet the ‘‘on conditioning system (as well as heating international harmonization since or adjacent to’’ requirement. manufacturers would not be prohibited and/or air conditioning fan) are listed in American Honda, addressing the issue Table 1, paragraph (d) would require the from using the international symbols if of multi-function controls, stated that they chose to do so. AIAM also noted controls to be identified with the limiting FMVSS No. 101 to only those identification specified in the table or that each control listed in Table 1 must controls and displays that are related to be located so as to be operable by the otherwise required by the standard, motor vehicle safety, and are required whenever they are the active functions driver and that S5.1.2 requires that by other FMVSSs would minimize the telltales and indicators listed in Table 1 of the multi-function control. issues raised by regulating multi- As to the second layer, identification or Table 2 must be visible to the driver. function controls. American Honda also AIAM noted that certain proposed Table would be required if heat/cool were expressed the view that ‘‘it remains active functions, e.g., if selection of 1 or Table 2 items were not intended to important that critical controls, such as be controlled by the driver while the heat/cool activated and deactivated the ignition switches, gear selection heating or air conditioning systems. vehicle is in motion. As examples, controls, headlight switches, windshield AIAM cited seat adjustment controls Identification would not be required if wipers, etc., must remain independent selection of heat/cool did nothing more (not necessarily for the driver’s seat), from multi-function controls and child lock controls, and controls for than move the multi-task display to the instantly accessible at all times.’’ next level. heating and air conditioning systems in Regarding American Honda’s suggestion the rear compartment areas. As to layer 3, assuming that that certain controls should not be temperature setting and fan speed are NHTSA notes that, as discussed permitted as part of a multi-function above, we are limiting FMVSS No. 101 active functions, paragraph (d) would control system, NHTSA notes that since require the controls to be identified with controls to only those that are already it did not propose, in the NPRM, to specified in Tables 1 or 2, or in another the identification specified in the table prohibit specific controls from being or otherwise required by the standard. FMVSS. Thus, AIAM’s comments are part of a multi-function control system, made moot. The table specifies a symbol for heating we are not addressing this issue by and/or air conditioning fan control. regulation at this time. I. Other Issues While the table doesn’t specifically Federal Express commented that a 1. Combining Controls mention temperature setting, paragraph multi-task display or a multi-function S5.2.8 requires identification to be control must provide the driver audible In the NPRM, NHTSA asked for provided for each function of any or tactile feedback when a function comment on whether there are any heating and air conditioning system occurs, so as to minimize the time a controls which, for safety reasons, control, and for the extreme positions of driver’s focus is on the display. NHTSA should not be combined with other any such control that regulates a notes that the issue of requiring audible controls. TMA recommended that the function over a quantitative range. If or tactile feedback in conjunction with parking brake, horn and hood opener this identification is not specified in the multi-function controls is outside the controls should not be combined with tables, as in this case, it must be in word scope of this rulemaking. However, we any other controls. The Alliance stated or symbol form unless color coding is note that nothing in FMVSS No. 101 that it did not believe that there is any used. If color coding is used to identify prevents a manufacturer from providing need to regulate or restrict the the extreme positions of a temperature such audible or tactile feedback on a combination of controls unless NHTSA control, the hot extreme must be multi-function control system. has evidence or reason to believe that identified by the color red and the cold the combination of any particular extreme by the color blue. G. No Conforming Amendments to controls would introduce adverse safety It is possible that there could be one Other Standards consequences. or more intermediate layers that are not In the NPRM, we noted that several As NHTSA stated earlier in active, e.g., layers which are used not to other safety standards include Subsection F. on multi-function

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controls, in the NPRM, it did not requirements for identification and also has a statutory responsibility to propose to prohibit the combination of illumination of displays. In this final follow the informal rulemaking specific controls. NHTSA is not rule, we recognize that heavy vehicles procedures mandated in the adopting any requirements in this area. have a longer redesign cycle than do Administrative Procedure Act at 5 passenger vehicles. Thus, for vehicles of U.S.C. Section 553. Among these 2. Color 4,536 kg GVWR or greater, the requirements are Federal Register In the NPRM, NHTSA proposed compliance date for the new publication of a general notice of language at S5.4.2 that stated: ‘‘Any requirements for telltales and indicators proposed rulemaking, and giving indicator or telltale not listed in Table is approximately eight years after interested persons an opportunity to 1 and any identification of that indicator publication. participate in the rulemaking through or telltale must not be a color that masks Early voluntary compliance with the submission of written data, views or the driver’s ability to recognize any provisions of this final rule is permitted arguments. After consideration of the telltale, control or indicator listed in immediately. public comments, we must incorporate Table 1.’’ TMA suggested the following V. Final Rule into the rules adopted, a concise general alternative language: ‘‘Any indicator or statement of the rule’s basis and telltale not listed in Table 1 and any In this final rule, NHTSA amends purpose. FMVSS No. 101 as described in the identification of that indicator or telltale The agency has carefully considered sections above. The new rule extends must be in a color that cannot be these statutory requirements in the standard’s telltale and indicator confused with or that masks any other promulgating this final rule to amend requirements to vehicle of Gross Vehicle indicator or telltale listed in Table 1.’’ FMVSS No. 101. As previously NHTSA notes that TMA’s suggested Weight Rating (GVWR) 4,536 kilograms discussed in detail, we have solicited language does not state that indicators (10,000 pounds) and over, updates the public comment in an NPRM and have or telltales must not be in a color that standard’s requirements for multi- carefully considered the public masks the driver’s ability to recognize function controls and multi-task comments before issuing this final rule. any telltale, control or indicator listed in displays to make the requirements As a result, we believe that this final Table 1 (emphasis added). Since it appropriate for advanced systems, and rule reflects consideration of all relevant believes in the importance of regulating reorganizes the standard to make it available motor vehicle safety the driver’s ability to recognize telltales, easier to read. Table 1 and Table 2 information. Consideration of all these controls and indicators, NHTSA will continue to include only those symbols statutory factors has resulted in the adopt as final the language it proposed and words previously specified in the following decisions in this final rule. at S5.4.2. controls and displays standard or in another Federal motor vehicle safety In the NPRM, we proposed to expand IV. Leadtime and Cost standard. However, both Tables 1 and 2 Tables 1 and 2 to make FMVSS No. 101 In response to the NPRM, TMA agreed have been reorganized to make the include the use of a graphic symbol set that the proposed eight year lead time symbols and words easier to find. established by the International for heavy truck manufacturers is Standards Organization (ISO) VI. Statutory Bases for the Rulemaking appropriate. The Alliance stated that it specifically for controls and displays in is ‘‘premature’’ to set an effective date We have issued this final rule motor vehicles, ISO 2575:2000, to make for vehicles to comply with an amended pursuant to our statutory authority. FMVSS No. 101 applicable to all FMVSS No. 101. It was concerned about Under 49 U.S.C. Chapter 301, Motor ‘‘vehicles’’ of 4,536 kilograms (10,000 the proposed requirements for expanded Vehicle Safety (49 U.S.C. 30101 et seq.), pounds) and greater, and to except standardized control and display the Secretary of Transportation is multi-function controls and multi-task identifications. responsible for prescribing motor displays from the ‘‘on or adjacent to’’ We are making the standard effective vehicle safety standards that are requirement for identifying controls. 180 days after publication, but practicable, meet the need for motor Some commenters questioned the safety providing a later compliance date for vehicle safety, and are stated in need to include all the ISO 2575:2000 heavy vehicles. objective terms. 49 U.S.C. 30111(a). symbols in FMVSS No. 101, and For light vehicles, the amendments When prescribing such standards, the whether FMVSS No. 101 should be will not require design changes but will Secretary must consider all relevant, made applicable to vehicles of 4,536 kg instead relieve restrictions. An available motor vehicle safety GVWR and greater. In this final rule, important purpose of this final rule is to information. 49 U.S.C. 30111(b). The NHTSA stated that after considering the update the standard so that it Secretary must also consider whether a comments, we have decided to retain appropriately addresses advanced proposed standard is reasonable, the content of Tables 1 and 2 as multi-function controls. Since NHTSA practicable, and appropriate for the type specified in the current FMVSS No. 101, has ensured that the telltales, indicators of motor vehicle or motor vehicle and to specify no others. However, we and controls specified in Tables 1 and equipment for which it is prescribed have decided to adopt the format of the 2 are all presently specified in FMVSS and the extent to which the standard tables proposed in the NPRM, to make No. 101 or are specified in other will further the statutory purpose of identifiers easier to find in the tables. FMVSSs, amendments to Tables 1 and reducing traffic accidents and deaths Therefore, in this final rule, for controls, 2 should have no substantive effects for and injuries resulting from traffic telltales, and indicators, Table 1 manufacturers of vehicles under 4,536 accidents. Id. Responsibility for specifies identifiers, color requirements kg GVWR. Moreover, the other changes promulgation of Federal motor vehicle and whether illumination is required for made to the standard will not require safety standards was subsequently a control, telltale, or indicator, and changes to current light vehicles. delegated to NHTSA. 49 U.S.C. 105 and specifies which have illumination or Design changes will be required for 322; delegation of authority at 49 CFR color requirements. Table 2 specifies vehicles with GVWRs of 4,536 kg. 1.50. identifiers for controls, telltales, and (10,000 pounds) or greater, since these As a Federal agency, before indicators other than those listed in vehicles have not previously been promulgating changes to a Federal Table 1. No color or illumination subject to FMVSS No. 101’s motor vehicle safety standard, NHTSA requirements are specified in Table 2.

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We have also decided to extend the motor vehicle manufacturers. We impact on a substantial number of small standard’s telltale and indicator believe that for vehicles of less than entities. requirements to vehicles of 4,536 kg 4,536 kg GVWR, all vehicle The Administrator has considered the GVWRs and greater. We have also manufacturers already identify each effects of this rulemaking action under adopted a limited exclusion for multi- control, telltale or indicator provided in the Regulatory Flexibility Act (5 U.S.C. function controls and multi-task vehicles they manufacture, as specified 601 et seq.) and certifies that this final displays from FMVSS No. 101’s ‘‘on or in this final rule or in another Federal rule will not have a significant adjacent to’’ identification requirements motor vehicle safety standard. For economic impact on a substantial for controls. manufacturers of vehicles of 4,536 kg number of small entities. The statement As indicated, we have thoroughly GVWR and over, in this final rule, we of the factual basis for the certification reviewed the public comments and are providing approximately eight years is that for vehicles of less than 4,536 kg adopted a final rule in light of of leadtime, which is enough time for GVWR, all vehicle manufacturers comments. In the instances where we manufacturers to make necessary (including small manufacturers) already did not adopt a comment, we explain vehicle changes that coincide with identify each control, telltale or why we did not adopt the comment. We continuous design changes in the indicator provided in vehicles they believe that this final rule amending affected motor vehicles for future model manufacture, as specified in this final FMVSS No. 101 meets the need for years. rule or in another Federal motor vehicle safety. We believe that as a result of this final safety standard. For small rule, vehicle manufacturers would manufacturers of vehicles of 4,536 kg VII. Rulemaking Analyses and Notices include minimal costs to make the GVWR and over, in this final rule, we A. Executive Order 12866 and DOT identifications meet FMVSS No. 101. are providing approximately eight years Regulatory Policies and Procedures Manufacturers of motor vehicles under of leadtime, which is enough time for 4,536 kg GVWR must already meet the manufacturers to make necessary Executive Order 12866, ‘‘Regulatory requirements specified in the two tables vehicle changes that coincide with Planning and Review’’ (58 FR 51735, in this final rule. This final rule removes continuous design changes in the October 4, 1993), provides for making a regulatory restriction (for multi- affected motor vehicles for future model determinations whether a regulatory function controls) requiring years. For manufacturers of motor action is ‘‘significant’’ and therefore identification ‘‘on or adjacent to’’ the vehicles with multi-function controls, subject to Office of Management and controls. This final rule specifies the we are relieving a regulatory restriction. Budget (OMB) review and to the symbols that must be used to identify For these reasons, and for the reasons requirements of the Executive Order. each control, telltale or indicator in a described in our discussion on The Order defines a ‘‘significant motor vehicle. This requirement applies Executive Order 12866 and DOT regulatory action’’ as one that is likely only if that control, telltale or indicator Regulatory Policies and Procedures, to result in a rule that may: were listed in one of the two tables in NHTSA concludes that this final rule (1) Have an annual effect on the this final rule, or in another Federal will not have a significant economic economy of $100 million or more or motor vehicle safety standard. impact on a substantial number of small adversely affect in a material way the Because the economic effects of this entities. economy, a sector of the economy, final rule are so minimal, no further productivity, competition, jobs, the regulatory evaluation is necessary. C. National Environmental Policy Act environment, public health or safety, or NHTSA has analyzed this rulemaking State, local, or Tribal governments or B. Regulatory Flexibility Act action for the purposes of the National communities; Pursuant to the Regulatory Flexibility Environmental Policy Act. The agency (2) Create a serious inconsistency or Act (5 U.S.C. 601 et seq., as amended by has determined that implementation of otherwise interfere with an action taken the Small Business Regulatory this action would not have any or planned by another agency; Enforcement Fairness Act (SBREFA) of significant impact on the quality of the (3) Materially alter the budgetary 1996), whenever an agency is required human environment. impact of entitlements, grants, user fees, to publish a notice of rulemaking for or loan programs or the rights and any proposed or final rule, it must D. Executive Order 13132 (Federalism) obligations or recipients thereof; or prepare and make available for public Executive Order 13132 requires (4) Raise novel legal or policy issues comment a regulatory flexibility NHTSA to develop an accountable arising out of legal mandates, the analysis that describes the effect of the process to ensure ‘‘meaningful and President’s priorities, or the principles rule on small entities (i.e., small timely input by State and local officials set forth in the Executive Order. businesses, small organizations, and in the development of regulatory We have considered the impact of this small governmental jurisdictions). The policies that have federalism rulemaking action under Executive Small Business Administration’s implications.’’ The Executive Order Order 12866 and the Department of regulations at 13 CFR Part 121 define a defines ‘‘policies that have federalism Transportation’s regulatory policies and small business, in part, as a business implications’’ to include regulations procedures. This rulemaking document entity ‘‘which operates primarily within that have ‘‘substantial direct effects on was not reviewed by the Office of the United States.’’ (13 CFR the States, on the relationship between Management and Budget under E.O. § 121.105(a)). No regulatory flexibility the national government and the States, 12866, ‘‘Regulatory Planning and analysis is required if the head of an or on the distribution of power and Review.’’ The rulemaking action is also agency certifies that the rule will not responsibilities among the various not considered to be significant under have a significant economic impact on levels of government.’’ Under Executive the Department’s Regulatory Policies a substantial number of small entities. Order 13132, NHTSA may not issue a and Procedures (44 FR 11034; February The SBREFA amended the Regulatory regulation with Federalism 26, 1979). Flexibility Act to require Federal implications, that imposes substantial For the following reasons, NHTSA agencies to provide a statement of the direct compliance costs, and that is not concludes that this final rule will not factual basis for certifying that a rule required by statute, unless the Federal have any quantifiable cost effect on will not have a significant economic government provides the funds

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necessary to pay the direct compliance recordkeeping or retention requirements private sector of more than $100 million costs incurred by State and local as defined by the OMB in 5 CFR Part annually. Accordingly, this rule is not governments, or the agency consults 1320. subject to the requirements of sections with State and local officials early in the 202 and 205 of the UMRA. G. National Technology Transfer and process of developing the regulation. Advancement Act I. Plain Language NHTSA also may not issue a regulation with Federalism implications and that Section 12(d) of the National Executive Order 12866 requires each preempts State law unless the agency Technology Transfer and Advancement agency to write all rules in plain consults with State and local officials Act of 1995 (NTTAA), Public Law 104– language. Application of the principles early in the process of developing the 113, section 12(d) (15 U.S.C. 272) of plain language includes consideration regulation. directs NHTSA to use voluntary of the following questions: NHTSA has analyzed this rulemaking consensus standards in its regulatory action in accordance with the principles activities unless doing so would be —Have we organized the material to suit and criteria set forth in Executive Order inconsistent with applicable law or the public’s needs? 13132. The agency has determined that otherwise impractical. Voluntary —Are the requirements in the rule this rule will not have sufficient consensus standards are technical clearly stated? federalism implications to warrant standards (e.g., materials specifications, —Does the rule contain technical consultation with State and local test methods, sampling procedures, and language or jargon that is not clear? officials or the preparation of a business practices) that are developed or —Would a different format (grouping adopted by voluntary consensus federalism summary impact statement. and order of sections, use of headings, standards bodies, such as the Society of This rule will not have any substantial paragraphing) make the rule easier to Automotive Engineers (SAE). The effects on the States, or on the current understand? Federal-State relationship, or on the NTTAA directs the agency to provide current distribution of power and Congress, through the OMB, —Would more (but shorter) sections be responsibilities among the various local explanations when we decide not to use better? officials. The reason is that this final available and applicable voluntary —Could we improve clarity by adding rule applies to motor vehicle consensus standards. tables, lists, or diagrams? manufacturers, and not to the States or After conducting a search of available —What else could we do to make this local governments. Thus, the sources, we have determined that there rulemaking easier to understand? requirements of Section 6 of the is an applicable voluntary consensus We have solicited comments on the Executive Order do not apply. standard. That standard is the Plain Language implications of the International Standards Organization’s NPRM in the Federal Register E. Executive Order 12988 (Civil Justice (ISO) Standard 2575:2000. We are using Reform) document of September 23, 2003 (68 FR some of the symbols from that Standard 55217) on p. 55225. We received no Pursuant to Executive Order 12988 in Table 1 and Table 2 of this final rule. comments on the Plain Language issue. ‘‘Civil Justice Reform,’’ we have considered whether this final rule H. Unfunded Mandates Reform Act J. Regulation Identifier Number (RIN) would have any retroactive effect. Section 202 of the Unfunded NHTSA concludes that this final rule Mandates Reform Act of 1995 (UMRA) The Department of Transportation will not have any retroactive effect. requires Federal agencies to prepare a assigns a regulation identifier number Under 49 U.S.C. 30103, whenever a written assessment of the costs, benefits, (RIN) to each regulatory action listed in Federal motor vehicle safety standard is and other effects of proposed or final the Unified Agenda of Federal in effect, a State may not adopt or rules that include a Federal mandate Regulations. The Regulatory Information maintain a safety standard applicable to likely to result in the expenditure by Service Center publishes the Unified the same aspect of performance which State, local or tribal governments, in the Agenda in April and October of each is not identical to the Federal standard, aggregate, or by the private sector, of year. You may use the RIN contained in except to the extent that the state more than $100 million in any one year the heading at the beginning of this requirement imposes a higher level of (adjusted for inflation with base year of document to find this action in the performance and applies only to 1995). Before promulgating a rule for Unified Agenda. vehicles procured for the State’s use. 49 which a written statement is needed, List of Subjects in 49 CFR Part 571 U.S.C. 30161 sets forth a procedure for section 205 of the UMRA generally judicial review of final rules requires NHTSA to identify and Imports, Motor vehicle safety, Motor establishing, amending, or revoking consider a reasonable number of vehicles, Rubber and rubber products, Federal motor vehicle safety standards. regulatory alternatives and adopt the and Tires. That section does not require least costly, most cost-effective, or least I In consideration of the foregoing, submission of a petition for burdensome alternative that achieves NHTSA amends 49 CFR part 571 as reconsideration or other administrative the objectives of the rule. The follows: proceedings before parties may file suit provisions of section 205 do not apply in court. when they are inconsistent with PART 571—FEDERAL MOTOR applicable law. Moreover, section 205 VEHICLE SAFETY STANDARDS F. Paperwork Reduction Act allows NHTSA to adopt an alternative Under the Paperwork Reduction Act other than the least costly, most cost- I 1. The authority citation for part 571 of 1995, a person is not required to effective or least burdensome alternative continues to read as follows: respond to a collection of information if the agency publishes with the final by a Federal agency unless the Authority: 49 U.S.C. 322, 30111, 30115, rule an explanation why that alternative 30166, and 30177; delegation of authority at collection displays a valid Office of was not adopted. 49 CFR 1.50. Management and Budget (OMB) control This rule will not result in the number. This final rule does not require expenditure by State, local, or tribal I 2. Section 571.101 is revised to read as any collections of information, or governments, in the aggregate, or by the follows:

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§ 571.101 Standard No. 101, Controls, these specified vehicles are designated in column 4, or both the telltales, and indicators. manufactured before September 1, 2013. symbol in column 4 and the words in S1. Scope. This standard specifies column 3. No identification is required S5.1 Location performance requirements for location, for any horn (i.e., audible warning identification, color, and illumination of S5.1.1 The controls listed in Table 1 signal) that is activated by a lanyard or motor vehicle controls, telltales and and in Table 2 must be located so they for a turn signal control that is operated indicators. are operable by the driver under the in a plane essentially parallel to the face S2. Purpose. The purpose of this conditions of S5.6.2. plane of the steering wheel in its normal standard is to ensure the accessibility, S5.1.2 The telltales and indicators driving position and which is located on visibility and recognition of motor listed in Table 1 and Table 2 and their the left side of the steering column so vehicle controls, telltales and indicators, identification must be located so that, that it is the control on that side of the and to facilitate the proper selection of when activated, they are visible to a column nearest to the steering wheel controls under daylight and nighttime driver under the conditions of S5.6.1 face plane. conditions, in order to reduce the safety and S5.6.2. S5.2.2 Any symbol, word, or hazards caused by the diversion of the S5.1.3 Except as provided in S5.1.4, abbreviation not shown in Table 1 or driver’s attention from the driving task, the identification for controls, telltales Table 2 may be used to identify a and by mistakes in selecting controls. and indicators must be placed on or control, a telltale or an indicator that is S3. Application. This standard adjacent to the telltale, indicator or not listed in those tables. applies to passenger cars, multipurpose control that it identifies. S5.2.3 Supplementary symbols, passenger vehicles, trucks, and buses. S5.1.4 The requirement of S5.1.3 words, or abbreviations may be used at S4. Definitions. does not apply to a multi-function the manufacturer’s discretion in Adjacent, with respect to a control, control, provided the multi-function conjunction with any symbol, word, or telltale or indicator, and its identifier control is associated with a multi-task abbreviation specified in Table 1 or means: display that: Table 2. (a) The identifier is in close proximity (a) Is visible to the driver under the to the control, telltale or indicator; and conditions of S5.6.1 and S5.6.2, S5.2.4 [Reserved] (b) No other control, telltale, (b) Identifies the multi-function S5.2.5 A single symbol, word, or indicator, identifier or source of control with which it is associated abbreviation may be used to identify illumination appears between the graphically or using words, any combination of the control, identifier and the telltale, indicator, or (c) For multi-task displays with indicator, and telltale for the same control that the identifier identifies. layers, identifies on the top-most layer function. Common space means an area on each system for which control is S5.2.6 Except as provided in S5.2.7, which more than one telltale, indicator, possible from the associated multi- all identifications of telltales, indicators identifier, or other message may be function control, including systems not and controls listed in Table 1 or Table displayed, but not simultaneously. otherwise regulated by this standard. 2 must appear to the driver to be Control means the hand-operated part Subfunctions of the available systems perceptually upright. A rotating control of a device that enables the driver to need not be shown on the top-most that has an ‘‘off’’ position shall appear change the state or functioning of the layer of the multi-task display, and to the driver perceptually upright when vehicle or a vehicle subsystem. (d) Identifies the controls of Table 1 the rotating control is in the ‘‘off’’ Indicator means a device that shows and Table 2 with the identification position. the magnitude of the physical specified in those tables or otherwise S5.2.7 The identification of the characteristics that the instrument is required by this standard, whenever following items need not appear to the designed to sense. those are the active functions of the driver to be perceptually upright: Identifier means a symbol, word, or multi-function control. For lower levels (a) A horn control; words used to identify a control, telltale, of multi-task displays with layers, (b) Any control, telltale or indicator or indicator. identification is permitted but not located on the steering wheel, when the Multi-function control means a required for systems not otherwise steering wheel is positioned for the control through which the driver may regulated by this standard. motor vehicle to travel in a direction select, and affect the operation of, more (e) Does not display telltales listed in other than straight forward; and than one vehicle function. Table 1 or Table 2. (c) Any rotating control that does not Multi-task display means a display on have an ‘‘off’’ position. which more than one message can be S5.2 Identification S5.2.8 Each control for an automatic shown simultaneously. S5.2.1 Except for the Low Tire vehicle speed system (cruise control) Telltale means an optical signal that, Pressure Telltale, each control, telltale and each control for heating and air when illuminated, indicates the and indicator that is listed in column 1 conditioning systems must have actuation of a device, a correct or of Table 1 or Table 2 must be identified identification provided for each improper functioning or condition, or a by the symbol specified for it in column function of each such system. failure to function. 2 or the word or abbreviation specified S5.2.9 Each control that regulates a S5. Requirements. Each passenger car, for it in column 3 of Table 1 or Table system function over a continuous range multipurpose passenger vehicle, truck 2. If a symbol is used, each symbol must have identification provided for and bus that is fitted with a control, a provided pursuant to this paragraph the limits of the adjustment range of that telltale or an indicator listed in Table 1 must have the proportional dimensional function. If color coding is used to or Table 2 must meet the requirements characteristics of the symbol as it identify the limits of the adjustment of this standard for the location, appears in Table 1 or Table 2. The Low range of a temperature function, the hot identification, color, and illumination of Tire Pressure Telltale (either the display limit must be identified by the color red that control, telltale or indicator. identifying which tire has low pressure and the cold limit by the color blue. If However, the requirements for telltales or the display which does not identify the status or limit of a function is shown and indicators do not apply to vehicles which tire has low pressure) shall be by a display not adjacent to the control with GVWRs of 4,536 kg or greater if identified by the appropriate symbol for that function, both the control

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(unless it is a multi-function control (b) At the lower level of brightness, S5.4.4 The filled-in part of any complying with S5.1.4) and the display the identification of controls and symbol in Table 1 or Table 2 may be must be independently identified as to indicators must be barely discernible to replaced by its outline and the outline the function of the control, in the driver who has adapted to dark of any symbol in Table 1 or Table 2 may compliance with S5.2.1, on or adjacent ambient roadway condition; be filled in. to the control and on or adjacent to the (c) May be operable manually or S5.5 Common space for displaying display. automatically; and (d) May have levels of brightness at multiple messages Example 1. A slide lever controls the temperature of the air in the vehicle heating which those items and identification are S5.5.1 A common space may be system over a continuous range, from no heat not visible. used to show messages from any to maximum heat. Since the control regulates (1) If the level of brightness is sources, subject to the requirements in a single function over a quantitative range, adjusted by automatic means to a point S5.5.2 through S5.5.6. only the extreme positions require where those items or their identification identification. are not visible to the driver, means shall S5.5.2 The telltales for any brake Example 2. A switch has three positions, be provided to enable the driver to system malfunction, the air bag for heat, defrost, and air conditioning. Since restore visibility. malfunction, the side air bag each position regulates a different function, malfunction, low tire pressure, each position must be identified. S5.3.3 Brightness of telltale passenger air bag off, high beam, turn illumination signal, and seat belt must not be shown S5.3 Illumination (a) Means must be provided for in the same common space. S5.3.1 Timing of illumination illuminating telltales and their S5.5.3 The telltales and indicators (a) Except as provided in S5.3.1(c), identification sufficiently to make them that are listed in Table 1 and are shown the identifications of controls for which visible to the driver under daylight and in the common space must illuminate at the word ‘‘Yes’’ is specified in column nighttime driving conditions. the initiation of any underlying 5 of Table 1 must be capable of being (b) The means for providing the condition. illuminated whenever the headlamps required visibility may be adjustable S5.5.4 Except as provided in S5.5.5, are activated. This requirement does not manually or automatically, except that when the underlying conditions exist apply to a control located on the floor, the telltales and identification for for actuation of two or more telltales, floor console, steering wheel, steering brakes, highbeams, turn signals, and the messages must be either: safety belts may not be adjustable under column, or in the area of windshield (a) Repeated automatically in header, or to a control for a heating and any driving condition to a level that is invisible. sequence, or air-conditioning system that does not (b) Indicated by visible means and direct air upon the windshield. S5.3.4 Brightness of interior lamps capable of being selected for viewing by (b) Except as provided in S5.3.1(c), Any source of illumination that is: the driver under the conditions of the indicators and their identifications (a) Within the passenger compartment S5.6.2. for which the word ‘‘Yes’’ is specified of a motor vehicle; S5.5.5 In the case of the telltale for in column 5 of Table 1 must be (b) Located in front of a transverse illuminated whenever the vehicle’s a brake system malfunction, air bag vertical plane 110 mm behind the H- malfunction, side air bag malfunction, propulsion system and headlamps are point of the driver’s seat while in its activated. low tire pressure, passenger air bag off, rearmost driving position; high beam, turn signal, or seat belt that (c) The indicators, their (c) Capable of being activated while identifications and the identifications of is designed to display in a common the motor vehicle is in motion; and space, that telltale must displace any controls need not be illuminated when (d) Neither a telltale nor a source of other symbol or message in that the headlamps are being flashed or illumination used for the controls and common space while the underlying operated as daytime running lamps. indicators listed in Table 1 or Table 2, condition for the telltale’s activation (d) At the manufacturer’s option, any must have a means for the driver to turn exists. control, indicator, or their off that source under the conditions of identifications may be capable of being S5.6.2. S5.5.6(a) Except as provided in illuminated at any time. S5.3.5 The provisions of S5.3.4 do S5.5.6(b), messages displayed in a (e) A telltale must not emit light not apply to buses that are normally common space may be cancelable except when identifying the operated with the passenger automatically or by the driver. malfunction or vehicle condition it is compartment illuminated. (b) Telltales for high beams, turn designed to indicate, or during a bulb signal, low tire pressure, and passenger S5.4 Color check. air bag off, and telltales for which the S5.4.1 The light of each telltale color red is required in Table 1 must not S5.3.2 Brightness of illumination of listed in Table 1 must be of the color controls and indicators be cancelable while the underlying specified for that telltale in column 6 of condition for their activation exists. S5.3.2.1 Means must be provided for that table. illuminating the indicators, S5.4.2 Any indicator or telltale not S5.6 Conditions identifications of indicators and listed in Table 1 and any identification S5.6.1 The driver has adapted to the identifications of controls listed in of that indicator or telltale must not be ambient light roadway conditions. Table 1 to make them visible to the a color that masks the driver’s ability to driver under daylight and nighttime recognize any telltale, control, or S5.6.2 The driver is restrained by driving conditions. indicator listed in Table 1. the seat belts installed in accordance S5.3.2.2 The means of providing the S5.4.3 Each symbol used for the with 49 CFR 571.208 and adjusted in visibility required by S5.3.2.1: identification of a telltale, control or accordance with the vehicle (a) Must be adjustable to provide at indicator must be in a color that stands manufacturer’s instructions. least two levels of brightness; out clearly against the background. BILLING CODE 4910–59–P

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Issued on: August 11, 2005. Jacqueline Glassman, Deputy Administrator. [FR Doc. 05–16325 Filed 8–16–05; 8:45 am] BILLING CODE 4910–59–C

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DEPARTMENT OF TRANSPORTATION (NHTSA) published a final rule at 35 miles per hour (mph) is twice as establishing a new Federal Motor severe as the same collision at 25 mph. National Highway Traffic Safety Vehicle Safety Standard (FMVSS) No. We continue to anticipate that LSV Administration 500, ‘‘Low-speed vehicles,’’ and added a use on roads outside confined, definition of ‘‘low-speed vehicle’’ (LSV) controlled areas will be limited by the 49 CFR Part 571 to 49 CFR 571.3 (63 FR 33194). This maximum speed capability of LSVs. We [Docket No. NHTSA–05–22116] new FMVSS and vehicle class definition expect that occupants will not want to responded to the growing public interest travel at less than 25 mph in mixed- RIN 2127–AJ12 in using golf cars and other similarly vehicle traffic for other than very short sized small vehicles to make short trips trips, regardless of the extent to which Federal Motor Vehicle Safety for shopping, social, and recreational states permit LSV use. Standards; Low Speed Vehicles purposes primarily within retirement or Since the publication of the final rule AGENCY: National Highway Traffic other planned, self-contained in 1998, we have received two petitions Safety Administration (NHTSA), communities. These vehicles, many of regarding the exclusion of trucks from Department of Transportation (DOT). which are electric-powered, offer the definition of LSV. The first was a comparatively low-cost, energy- ACTION: Final rule. petition for reconsideration of the final efficient, low-emission, quiet rule by Solectria (seconded by Electric SUMMARY: This final rule amends the transportation.1 The current definition Transportation Coalition) asking us to definition of ‘‘low-speed vehicle’’ (LSV) of LSV is ‘‘a 4-wheeled motor vehicle, reconsider the exclusion of trucks from in two ways. First, it eliminates the other than a truck, whose speed the definition of LSV because Solectria exclusion of trucks from that class of attainable in 1.6km (1 mile) is more than manufactures a micro electric pickup vehicles. Second, it limits the class of 32 kilometers per hour (20 miles per truck. Solectria said its truck was LSVs to those vehicles with a Gross hour) and not more than 40 kilometers ‘‘suitable’’ for many uses off the public Vehicle Weight Rating (GVWR) of less per hour (25 miles per hour) on a paved roads, such as airports, college than 1,134 kilograms (2,500 pound). level surface.’’ properties, and parks. Solectria asked DATES: Effective Date: This rule becomes When we first proposed and that we amend the definition of LSV to effective October 3, 2005. established FMVSS No. 500, we stated exclude only trucks with a curb weight Petitions: If you wish to submit a that we envisioned the LSV as a small, greater than 2,200 pounds. petition for reconsideration of this rule, lightweight vehicle that could not meet In our response to Solectria’s petition your petition must be received by FMVSSs appropriate for larger and for reconsideration (65 FR 53219; Sept. 2 October 3, 2005. heavier vehicles. As originally 1, 2000), we reiterated the discussion proposed in January 1997, trucks were ADDRESSES: from the preamble to the final rule that Petitions for reconsideration not excluded from the definition of LSV. should refer to the docket number above we believed excluding trucks from We proposed the ‘‘creation of a new Standard 500 ‘‘ensures that such trucks and be submitted to: Administrator, class of vehicle * * * with a Room 5220, National Highway Traffic must continue to meet the Federal definitional criterion of speed alone.’’ standards that have always applied to Safety Administration, 400 Seventh However, low-speed vehicles with Street, SW., Washington, DC 20590. trucks with a maximum speed of more ‘‘work performing features’’ (such as a than 20 miles per hour’’ and that we FOR FURTHER INFORMATION CONTACT: The street sweeper) would have been believed the decision to be ‘‘consistent following persons at the National excluded under the 1997 proposed with the rationale of this rulemaking, Highway Traffic Safety Administration, definition. After considering the which is to eliminate a regulatory 400 Seventh Street, SW., Washington, comments, we limited LSVs to vehicles conflict involving passenger-carrying DC 20590. other than trucks. Not excluding trucks vehicles.’’ We noted that FMVSSs For technical and policy issues: Ms. from the LSV definition would have had applicable to trucks with a maximum Gayle Dalrymple, Office of Crash the unintended result of rendering some speed between 20 and 25 mph had not Avoidance Standards, NVS–123 vehicles that already met FMVSSs inhibited the introduction of such (Telephone: 202–366–5559) (Fax: 202– subject to neither those standards nor trucks in the past. However, we also 493–2739). even the minimum limitations stated, For legal issues: Mr. Christopher applicable to LSVs. Calamita, Office of the Chief Counsel We have encouraged states to be very We are still considering this petition, and have not reached a decision whether to grant (Telephone: 202–366–2992) (Fax: 202– careful when contemplating the use of 366–3820). or to deny it. Our decision will be reflected LSVs on public roads. A LSV does not in the notice of proposed rulemaking under SUPPLEMENTARY INFORMATION: have the occupant protection capability consideration for establishing performance Table of Contents of other four-wheeled motor vehicles. Its requirements for safety equipment on LSVs. lightness makes its occupants Subsequently, in January 2002, the I. Background vulnerable in any collision with a non- II. Summary of the Notice of Proposed agency received a petition regarding the LSV vehicle. The force involved in such Rulemaking LSV definition from Global Electric a collision increases proportional to the III. Public Comments Motorcars (GEM), a DaimlerChrysler square of the velocity of travel. For IV. The Final Rule and Response to Public company. GEM asked that NHTSA example, the result of a vehicle collision Comments change the definition of LSV, ‘‘to A. The Final Rule include ‘trucks’ or vehicles designed 1. 2,500 pound GVWR 1 Electric LSVs are commonly referred to as 2. The 80-pound RCL limitation Neighborhood Electric Vehicles (NEVs). However, primarily for the transportation of B. Miscellaneous Comments NEVs are not specifically defined in the Federal property or special purpose equipment, V. Regulatory Analyses and Notices motor vehicle safety standards. so long as they meet the existing vehicle 2 See the notice of proposed rulemaking (62 FR speed limitations of the definition.’’ I. Background 1077, January 8, 1997), final rule (63 FR 33194, June 17, 1998), response to petitions for reconsideration GEM noted that the NPRM stated ‘‘LSVs On June 17, 1998, the National of the final rule (65 FR 53219, September 1, 2000), would include all motor vehicles, other Highway Traffic Safety Administration and letters of interpretation of the definition of LSV. than motorcycles * * * whose speed

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* * * does not exceed 25 mph,’’ and because of the small size of the vehicles manufacture LSVs, and the Society of that the agency had recognized, ‘‘that in this class.4 Automotive Engineers Surface Vehicle there is no reasonable justification for In tentatively deciding to remove the Standard J–2358. subjecting low-speed vehicles like golf exclusion of trucks from the definition In the NPRM, we noted that the ‘‘less carts * * * to the full range of safety of LSV, we concluded that it would be than 2,500 pound’’ GVWR limitation standards that apply to heavier, faster necessary to replace that limitation with would include some vehicles that are vehicles.’’ an alternative limitation of what could currently certified to the FMVSSs, such As a result of the petitions received be considered a LSV. We proposed as the Honda Insight. Such a vehicle from GEM and Solectria, the agency adding a maximum GVWR limitation to would, of course, not be considered a decided to reconsider the LSV the LSV definition. In the NPRM, we LSV unless it also met the other definition. In a notice of proposed stated that using GVWR would be an limitations specified in the LSV rulemaking (NPRM) published on appropriate and objective way to define definition (e.g., a maximum attainable December 8, 2003 (68 FR 68319), we LSV for several reasons. First, it would speed of 25 mph). We proposed the prevent attempts to circumvent the granted the petitions by GEM and ‘‘less than 2,500 pound’’ GVWR FMVSSs for cars, trucks, and Solectria, and tentatively agreed with limitation to accommodate electric multipurpose passenger vehicles by the petitioners that the current LSVs, which are heavier than internal seeking to apply the LSV classification exclusion of trucks from the LSV combustion engine models. The to vehicle types that are able to meet the definition is too broad and does not increased weight of electric LSVs can be standards. Second, GVWR would fully reflect current interpretations of attributed to their heavier electric provide a means to distinguish between that definition.3 In the NPRM, we propulsion systems and their need for vehicles that the agency envisions as proposed to drop the exclusion of trucks battery storage. The agency did not LSVs and traditional small vehicles that from the definition and otherwise revise propose a LSV definition with are currently certified to meet all our definition of a LSV. maximum GVWR greater than 2,500 applicable FMVSSs (e.g., Toyota Echo, pounds, in part, because there are II. Summary of the Notice of Proposed Ford Focus, and Chevrolet Tracker). currently not any performance Rulemaking Third, it would enable the agency to requirements for service brakes and tires continue to exclude from the LSV that are appropriate for these vehicles. In the NPRM, we proposed to revise definition all heavier, slow-moving In addition, we proposed an the definition of LSV by (1) eliminating trucks (e.g., street cleaners) that are able the ‘‘other than truck’’ text from the to meet all FMVSSs applicable to trucks. additional limitation of a minimum definition, (2) limiting a LSV’s GVWR to Under the LSV revisions as proposed in rated cargo load (RCL) of 80 pounds. less than 1,134 kilograms (2,500 the NPRM, these heavier, slow-moving The proposed RCL minimum was pounds), and (3) requiring that a LSV trucks would still be required to meet intended to ensure some load carrying have a rated cargo load of at least 36 all of the FMVSSs applicable to trucks. capacity in addition to the regulatory kilograms (80 pounds). In proposing to add a GVWR requirement of 150 pounds per designated seating position (as defined The current definition of LSV is: limitation to the definition of LSV, we needed to determine the appropriate in 49 CFR 571.3). [A] 4-wheeled motor vehicle, other than a maximum GVWR for LSV vehicles. We We proposed the LSV definition truck, whose speed attainable in 1.6 km (1 changes because we believed they mile) is more than 32 kilometers per hour (20 proposed a GVWR of ‘‘less than 2,500 miles per hour) and not more than 40 pounds.’’ We stated that this proposed would make the definition more kilometers per hour (25 miles per hour) on ‘‘less than 2,500 pound’’ GVWR complete, clarify the definition as to the a paved level surface. limitation for LSVs was the result of our type of vehicle NHTSA intended to identification of vehicles constituting a exclude from the FMVSSs for cars, 49 CFR 571.3(b). The agency proposed class of motor vehicles so small that trucks and multipurpose passenger the following definition: they are generally unable to meet all of vehicles under the LSV definition, and Low-speed vehicle means the FMVSSs required for passenger cars, allow manufacturers of LSVs more (a) a 4-wheeled motor vehicle, multipurpose vehicles, and trucks. The flexibility in the design of their products (b) whose speed attainable in 1.6 km (1 NPRM provided a detailed comparison without sacrificing the safety of the mile) is more than 32 kilometers per hour (20 of vehicles less than 2,500 pounds (e.g., vehicles’ users. Further, the crash miles per hour) and not more than 40 GEM E825 Short Bed Utility and Ford avoidance and crash protection kilometers per hour (25 miles per hour) on Th!nk Neighbor) to vehicles 2,500 requirements for a LSV are appropriate a paved level surface, for that vehicle’s size and anticipated (c) whose rated cargo load is at least 36 pounds or greater, which are capable of kilograms (80 pounds), and meeting all of the applicable FMVSSs usage, regardless of whether the vehicle (d) whose GVWR is less than 1,134 (e.g., Toyota Echo, Ford Focus, and is designed to transport passengers or kilograms (2,500 pounds). Chevrolet Tracker). The ‘‘less than 2,500 cargo. pound’’ GVWR limitation was also III. Public Comments The proposed definition reflected our proposed based on existing LSVs, tentative determination that there is no GVWR submitted by companies We received sixteen comments on the reasonable basis to differentiate between registering with NHTSA as intending to NPRM.5 Comments were received from passenger and cargo-carrying vehicles in the definition of LSVs. At the same 4 NHTSA has consistently stated that the main 5 Comments were submitted by: (1) National Golf time, the proposed definition would be reason for excluding LSVs from compliance from Car Manufacturers Association (NGCMA); (2) more complete and would better other FMVSSs was that requiring such compliance Electric Drive Transportation Association (EDTA); was inappropriate for these small, lightweight (3) Mr. Walter W. Harsch; (4) Harley Holt & communicate the concept that NHTSA vehicles. We noted that a separate class for LSVs Associates; (5) C.C. Chan; (6) Ms. Lauren Brooks; (7) has always expressed: LSVs are a class was appropriate based on its low operating speed, Voltage Vehicles; (8) ZAP; (9) ZAP Latin America, of vehicles for which the FMVSS for and limited areas of use—most notably in planned S.A.; (10) Advocates for Highway and Auto Safety larger vehicles are inappropriate environments, such as retirement communities. (Advocates); (11) Tiger Truck, L.L.C.; (12) California Further, these vehicles could not meet FMVSSs Manufacture of Electric Vehicle (CAMEV); (13) The more appropriate for larger, heavier vehicles, such Honorable Lynn Woolsey, Member of Congress; (14) 3 Docket No. NHTSA–03–16601. as the 30 m.p.h. barrier crash standards. Mr. Alex Campbell; (15) DaimlerChrysler (parent

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LSV manufacturers, LSV distributors, an Two commenters, NGCMA and considered a LSV under the new industry organization representing golf Advocates, opposed removing the truck definition because it exceeds the ‘‘less cart manufactures, public interest exclusion from the definition of LSV. than 2,500 pound’’ GVWR limitation, it groups, individual members of the NGCMA asserted that NHTSA failed to would also not have been considered an public, and a member of Congress. consider numerous industry standards LSV under the previous definition A few commenters expressed concern concerning LSV performance and safety because of the cargo bed. about expanding the definition by (specifically standards SAE J–2358, ISO Advocates generally opposed removing the truck exclusion. However, 391–6:2003, and ASME 56.8) and that removing the truck exception. a majority of commenters supported the the agency should consider all of the Advocates stated that that this removal of this exclusion, while ramifications inherent in industrial rulemaking will expose many people to expressing concern with and opposition truck function and performance (e.g., unnecessary risks of injuries and death to the proposed GVWR and RCL limits. existing truck FMVSSs, fuel and battery because their use of LSVs that fail to Comments regarding the proposed acid containment, brake performance conform to basic Federal safety limits generally found the limits to be criteria, reverse warning signal horns). standards for occupant protection. too restrictive. NGCMA also argued that including Advocates argued that this rule will trucks in the LSV classification will expand the types and variety of LSVs IV. The Final Rule and Response to have the unintended anti-competitive thereby guaranteeing that even more Public Comments effect of replacing currently available LSVs will operate on public roads A. The Final Rule off-road light utility vehicles (with an without benefit of major advances in operating speed of less than 20 mph) federally regulated safety equipment Today’s document establishes the with LSV trucks, which may offer tax and occupant crashworthiness. definition of LSV as proposed in the advantages. Finally, NGCMA argued Advocates also argued that LSV trucks December 2003 NPRM, except that we that one vehicle, the Frazer-Nash 4XLSV operating with speeds as high as 25 mph are not specifying a minimum RCL. The NEV would be excluded from the will result in more severe crashes, all definition of LSV is revised as follows: definition of LSV because it has a other things being equal, because of the Low-speed vehicle means a vehicle, GVWR of 3,304 lbs.6 increased mass of these larger LSVs (a) that is 4-wheeled, We have carefully considered when they collide, especially with (b) whose speed attainable in 1.6 km (1 NGCMA’s comments. We note that we roadside fixed objects. mile) is more than 32 kilometers per hour (20 have considered industry standards Advocates did not provide an miles per hour) and not more than 40 related to LSVs and specifically estimate of the increase in LSVs kilometers per hour (25 miles per hour) on mentioned SAE J–2358 in the NPRM. operated on public roads (and a paved level surface, and occupants exposed) that will result from (c) whose GVWR is less than 1,134 Further, because of the limited speed kilograms (2,500 pounds). and intended environment of operation, this final rule. Although we are we have determined that the full range including vehicles with greater cargo This definition eliminates the of standards applicable to trucks is not carrying capacity in the definition of exclusion of trucks from the LSV applicable to ‘‘truck-like’’ LSVs, i.e., LSV, we are also limiting the definition definition. A vehicle equipped with a those designed with greater cargo through establishing a maximum cargo bed or other form of cargo carrying carrying capacity. GVWR. The limitations on GVWR capacity may now be classified as a Removal of the truck exclusion from limitation in combination with the LSV, so long as the vehicle complies the definition of LSV will permit existing maximum speed limit of 25 with the other provisions of the vehicles with a maximum speed mph will generally act to restrict the use definition. between 20 and 25 mph that are of these vehicles to the appropriate The definition established in today’s manufactured primarily to transport environments. Given these limitations, document better expresses our concept property to be manufactured as motor we do not expect that operators of these of ‘‘LSV.’’ As previously expressed, vehicles. These vehicles will also be vehicles will drive them in mixed- ‘‘LSV’’ is intended to comprise a class manufactured primarily for use on vehicle traffic for other than very short of vehicles for which the FMVSSs for public roads. The vehicles discussed by trips. cars, trucks, and multi-purpose vehicles NGCMA that have maximum speed Advocates also argued that the rule are inappropriate because of the small capabilities below 20 mph are off-road would result in more severe crashes size of these vehicles. Today’s definition vehicles, i.e., vehicles not manufactured because of the 25 mph speed limitation defines the limits of that size and for use on public roads. The off-road and increased LSV mass. We did not permits the manufacture of LSVs vehicles and the ‘‘truck-like’’ LSVs are propose to change the speed limitation designed for a more utilitarian function manufactured for two different in this rulemaking. As to mass, the through the incorporation of greater operating environments. Therefore, we GVWR limitation will prevent larger, cargo carrying capacity. LSVs with do not anticipate that these vehicles will heavier trucks from being classified as greater cargo carrying capacity offer a be in direct competition in the LSVs. Instead, truck LSVs will be flexible and economical alternative to marketplace. We have also considered similar to current LSVs. trucks in the appropriate environments, the economic impacts as required under such as gated and retirement the Regulatory Flexibility Act, discussed 1. 2,500 Pound GVWR communities. The application of the full in greater detail below. Limiting LSVs to a GVWR of ‘‘less range of FMVSSs to which cars, trucks, We also note that the Frazer-Nash than 2,500 pounds’’ is consistent with and multipurpose passenger vehicles 4XLSV mentioned in NGCMA’s the safety and practicability concerns are subject, is equally inappropriate to comments is equipped with a cargo bed. that originally gave rise to the LSV class. these small, lightweight vehicles, While the vehicle would not be When we created this vehicle class, we whether they are designed to carry did so in response to the growing use of primarily passengers or property. 6 The Frazer-Nash was mentioned in a LSVs on roads in planned comparison table in the NPRM. We understand environments, such as retirement and NGCMA’s comment to argue that the Frazer-Nash company of petitioner GEM); and (16) Donahue would have been considered a LSV under our old gated communities. To strike an Gallagher Woods, L.L.P. (Donahue). definition, but not our new definition. appropriate balance between competing

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considerations such as safety, weight) and solid doors, windows, We believe that, as LSVs become practicability and mobility, we sought heating and air conditioning, and equipped with additional amenities, then and continue to seek now to define advanced hybrid systems. such as air conditioning, solid doors, the LSV class narrowly in recognition of CAMEV argued that the ‘‘less than and batteries for extended range, they the LSV’s low operating speed and its 2,500 pound’’ GVWR limitation, as lose the basic characteristics of a special limited use on roads in planned proposed, would cut the driving range vehicle designed for transportation communities. of an electric powered vehicle from 35 within a planned, limited environment. By removing the truck exclusion we miles to 22 miles, as a result of having Instead, these vehicles take-on the recognize that the LSV requirements are to reduce the weight for battery capacity profile of a small, traditional passenger applicable to some vehicles designed for from 800 pounds to 625 pounds. This car vehicle, and in some cases, may be more work-related operation. decreased range, it argued, would have marketed as a small passenger car or as Manufacturers and the public are the effect of limiting applications of a substitute for a small passenger car. provided the advantages of LSVs that LSVs. Even with a 25 mph speed limitation, may be designed primarily to carry Donahue, Mr. Alex Campbell, we are concerned that LSVs that have cargo. By limiting the GVWR, vehicles Representative Lynn Woolsey, C.C. characteristics and attributes of for which the LSV requirements are not Chan, and Harley Holt argued that the traditional passenger cars will be more appropriate are excluded from the LSV ‘‘less than 2,500 pound’’ GVWR likely to be used outside of planned definition, i.e., vehicles designed for use provision of the LSV definition would communities and instead, more outside of planned communities or that significantly impact or materially harm regularly mix with traffic. We currently could be designed to meet the FMVSS the LSV industry. Concern was raised require small vehicles, such as the requirements for cars, trucks, and multi- regarding the impact of the proposed Honda Insight, to be fully compliant purpose vehicles. rule existing companies, particularly, with all FMVSSs. We do not believe that The GVWR limit prevents attempts to ZAP, Voltage Vehicles of Windsor it is in the interests of safety to make an circumvent FMVSSs for cars, trucks, California, and RAP of Windsor exception from our normal FMVSS and multi-purpose passenger vehicles California, as well as on the most widely standards for such vehicles. Moreover, by applying the LSV classification to accepted existing LSVs. there is no reason why vehicle with a vehicle types that are able to meet the As stated above, we are adopting the GVWR greater than 2,500 pounds standards. Defining a LSV as having a 2,500 pound GVWR limit in the cannot be designed to comply with all maximum GVWR of less than 2,500 definition of LSV to provide the the safety standards applicable to pounds also provides an objective appropriate balance between the traditional passenger cars. means for delineating between the While the EDTA agreed that the intended function of these vehicles and vehicles for which the LSV GVWR provided an appropriate method safety. Again, the LSV class was requirements are appropriate and those for restricting the size of LSVs, it established to recognize vehicles vehicles that can be designed to meet commented that the 2,500 pound limit manufactured for operation in limited, the full set of FMVSSs. This approach is overly restrictive and would reduce and typically closed environments. The will also ensure that heavier, slow the flexibility to develop new products moving trucks (i.e., street sweepers) LSV class is not intended to include in the future with different propulsion continue to be excluded from the LSV vehicles manufactured for operation in configurations or additional features. definition. mixed traffic. A maximum GVWR of EDTA stated that the proposed GVWR A variety of commenters, i.e., less than 2,500 pounds will enable LSV does not take into consideration the DaimlerChrysler, ZAP, ZAP Latin manufacturers to design a LSV with increased weight associated with America, Voltage Vehicles, C.C. Chan, sufficient range and amenities, suitable additional features necessary to comply Donahue, Ms. Lauren Brooks, EDTA, for operating in these communities. with revised safety requirements or Harley Holt, Mr. Alex Campbell, Given that vehicles fully compliant performance standards. CAMEV, and Representative Lynn with FMVSS exist under 2,500 lbs and DaimlerChrysler noted that its Woolsey, expressed concern with or that the LSV class was created for vehicles are powered by an electric objected to setting the GVWR limit at vehicles that were too small to meet the propulsion system, which adds 300 2,500 pounds. Concern was raised FMVSS, there is no reason for vehicles pounds to a comparably equipped specifically with regard to the limits over 2,500 lbs not be fully FMVSS internal combustion engine LSV. As impact on the utility of electrically compliant, and thus a great deal safer such, DaimlerChrysler recommended a powered LSVs, the impact on the LSV than a 2,500 lb GVWR LSV. two-tiered GVWR maximum for the industry, and on LSVs designed to As noted in the 1998 final rule, the definition of a LSV: a 2,500-pound accommodate individuals with operation of LSVs in an environment GVWR limitation for internal disabilities. with heavier, faster moving vehicles combustion LSVs, and a 2,800-pound ZAP Latin America, ZAP, C.C. Chan, raises obvious safety concerns. Because limitation GVWR for electric powered and EDTA commented that limiting the LSVs are much lighter than LSVs. DaimlerChrysler argued that this GVWR to less than 2,500 would limit conventional vehicles and are not would allow it to present customers the range of an electrically powered LSV subject to the same Federal motor with a choice between internal (arguing that the GVWR limit would vehicle safety standards, they are less combustion and electric propulsion result in reducing the number or size of crashworthy than conventional vehicles. systems for vehicles carrying the same the batteries in these vehicles) and limit Thus, LSV drivers, especially those payload. ZAP Latin America was also the ability of manufacturers to equip unused to the limited acceleration concerned that the GVWR limitation these vehicles with amenities. ZAP and capabilities of LSVs, and passengers would diminish its ability to compete CAMEV requested that NHTSA consider will be exposed to a greater risk of with internal combustion automobiles a higher GVWR limit. ZAP and C.C. injury or death when operating an LSV (since internal combustion automobiles Chan argued that a higher GVWR on roadways with a posted speed limit are likely to have a greater range than limitation would allow for market of 35 mph, or when attempting to cross electric LSVs). demands for increased range (resulting a roadway with a posted speed limit The LSV definition does not specify a in heavier vehicles due to battery greater than 35 mph. propulsion system. A LSV may be

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powered by an electrical motor, an to planned communities. The occupants with mobility impairments, internal combustion (IC) engine, or commenters cited our study on Vehicle has a GVWR of 2,300 pounds. It could some other type of propulsion system. Weight, Fatality and Crash easily accommodate a heavy power Each propulsion type has its own Compatibility of Model Year 1991–99 wheelchair and still have capacity for advantages. The advantage of the lighter Passenger Cars and Light Trucks. This the occupant, another passenger, and weight of IC propulsion is an advantage study involved vehicles that fully special equipment. that already exists. However, comply with all of our FMVSSs for The agency also received a comment DaimlerChrysler noted that the majority passenger cars and trucks. The study from Mr. Walter Harsch requesting that of LSVs are electric. Mr. Walter Harsch did not involve LSVs. LSVs be limited according to ‘‘curb As we stated above, heavier vehicles commented that it is not the ‘‘norm’’ for weight’’ as opposed to GVWR. However, (i.e., vehicles over 2,500 pounds GVWR) ‘‘working’’ vehicles to be electric, but he curb weight describes only the weight of that take-on the profile of a small car, anticipates the trend to move toward the vehicle and not its capacity. GVWR and contain solid doors, air electric vehicles. is a description of the maximum The fact that electric LSVs are conditioning systems, and batteries for possible weight of the fully loaded successful in the market indicates that extended range, are more likely to be vehicle. GVWR is more pertinent to any advantage of the IC vehicle due to used on roads outside of neighborhoods safety. greater load capacity under our GVWR and planned communities. We do not restriction will be overcome by other believe that it is appropriate to The agency has determined that a attractions of the electric vehicle to encourage such use. These heavier GVWR limit of 2,500 pounds in consumers. Therefore, it does not vehicles can instead be designed to meet conjunction with the 25 mph speed appear that this final rule creates a new the full set of FMVSSs. Therefore, we limitation, provides a more appropriate disadvantage for electric vehicles. While believe that the ‘‘less than 2,500 pound’’ definition for a LSV. We believe that IC vehicles are able to carry more GVWR restriction helps to ensure that GVWR is necessary to limit this class of weight, since they do not need batteries, the vehicles will be limited in the vehicle to vehicles that are used in this advantage seems to be countered by geographic scope of their use, as planned communities and cannot be consumers’ preference for electric- NHTSA originally intended, thereby designed to meet the full set of FMVSSs. powered vehicles. reducing the risk to occupants from Also, we stated in the original final rule Further, we considered the amount of mixing with other vehicles. and the NPRM to this rulemaking, we weight necessary for battery reserve in We believe that ‘‘less than 2,500 did not intend for heavier, slow-moving electric vehicles when we proposed our pounds’’ GVWR is adequate for a LSV vehicles (e.g., street sweepers), or ‘‘less than 2,500 pound’’ GVWR that operates in planned communities. vehicles that can be designed to meet limitation. The intent of the LSV We also believe that increasing the the full set of FMVSSs, to be included definition is to recognize a class of maximum GVWR for a LSV would be in the LSV class. vehicles for which the full range of inconsistent with the interests of safety, safety standards applicable to cars, as discussed above. Finally, we believe 2. The 80-Pound RCL Limitation trucks, and multipurpose passenger that as a vehicle becomes heavier and The agency is not adopting the vehicles is not appropriate because of increasingly resembles a small vehicle, minimum RCL requirement as the LSVs’ small size and limited use. by having features such as doors, it is proposed. The proposed minimum RCL We found that the lightest fully FMVSS more likely that the vehicle will be was intended to address safety concerns compliant vehicle is about 2100 pounds mixed with heavier vehicles, and can regarding the overloading of vehicles. In GVWR. By setting the LSV maximum and should meet the full range of its comments DaimlerChrysler agreed GVWR at 2500 pounds we have allowed FMVSSs. with our proposal. Although the Voltage Vehicles and Donahue both 400 lbs for batteries for electric proposed RCL limit was a minimum, commented that limiting the weight of propulsion. ZAP argued that LSVs are used for many ZAP Latin America, Ms. Lauren the LSV would limit the ability of purposes, some of which are for cargo Brooks, and C.C. Chan argued that a manufacturers to offer LSVs to loads that may exceed 80 pounds. safety-based approach should include accommodate people with disabilities. heavier LSVs in the definition because Voltage Vehicles stated that it has been Harley Holt commented that the heavier LSVs are safer or because LSVs working to develop a wheelchair selection of an 80-pound minimum are made heavier for safety purposes. accessible version of the ZAP World rated cargo load simply because it is the For example, ZAP Latin America Car. Voltage Vehicles stated that its estimated weight of two golf bags is commented that it makes a heavier LSV current modifications would add as inappropriate when applied to LSVs for safety purposes. Lauren Brooks and much as 200 to 350 pounds to the that would be sold and used to transport C.C. Chan stated that lighter vehicles GVWR of the vehicle, which already has property. Harley Holt suggested that have a much higher risk of a fatal crash a GVWR of approximately 3,000 there be no minimum value specified (citing DOT HS 662 Vehicle Weight, pounds. for rated cargo load. Fatality and Crash Compatibility of We note that the vehicles described We have carefully considered the Model Year 1991–99 Passenger Cars and by Voltage Vehicles would exceed the comments on our proposed 80-pound Light Trucks). C.C. Chan commented GVWR limit established in this final RCL limitation, and have decided not to that passengers would be safer behind a rule prior to the modifications for include the limitation in the final rule. solid door rather than being in open air, accommodating people with disabilities. We note that it is important for safety, and that the current weight would limit We also note that existing LSV can be for all classes of vehicles, that vehicles the ability for these vehicles to have modified to accommodate individuals not be driven in an overloaded solid doors and windows, making them with disabilities while maintaining a condition. However, we believe that the less safe. GVWR below 2,500 pounds. Braun ‘‘less than 2,500 pound’’ GVWR In a crash with a traditional, heavier Corporation modifies the GEM LSV with limitation in addition to the other vehicle, a LSV would be at a a turning seat and a hoist for a limiting attributes of the definition disadvantage. This is why we believe wheelchair or scooter. The GEM eL, negate the need to specify a RCL to that the use of LSVs should be restricted which is a LSV that is accessible to accomplish this goal.

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B. Miscellaneous Comments Executive Order 12866, ‘‘Regulatory rule on small entities (i.e., small In the NPRM, we requested comments Planning and Review’’ (58 FR 51735, businesses, small organizations, and on several additional issues. In response October 4, 1993), provides for making small governmental jurisdictions). No to our inquiry of whether GVWR is the determinations whether a regulatory regulatory flexibility analysis is required most appropriate method for restricting action is ‘‘significant’’ and therefore if the head of an agency certifies the rule the size of LSVs, DaimlerChrysler subject to Office of Management and will not have a significant economic commented that it agreed with the Budget (OMB) review and to the impact on a substantial number of small entities. SBREFA amended the method but also suggested a minimum requirements of the Executive Order. Regulatory Flexibility Act to require height limitation to aid the conspicuity The Order defines a ‘‘significant Federal agencies to provide a statement of LSV vehicles. We have reviewed regulatory action’’ as one that is likely of the factual basis for certifying that a DaimlerChrysler’s comments and note to result in a rule that may: (1) Have an annual effect on the rule will not have a significant that we have recently addressed the LSV economy of $100 million or more or economic impact on a substantial conspicuity issue. For further details, adversely affect in a material way the number of small entities. please see our original final rule (63 FR economy, a sector of the economy, I certify that the proposed amendment 33194, June 17, 1998) and our recent productivity, competition, jobs, the will not have a significant economic termination of rulemaking (70 FR 7222, environment, public health or safety, or impact on a substantial number of small Feb. 11, 2005) where we determined State, local, or Tribal governments or entities. that there is an absence of data showing communities; The following is the agency’s a conspicuity-related safety problem (2) Create a serious inconsistency or statement providing the factual basis for with current LSV designs. otherwise interfere with an action taken the certification (5 U.S.C. 605(b)). The ZAP and C.C. Chan commented that or planned by another agency; final rule directly affects motor vehicle NHTSA should consider broadening the (3) Materially alter the budgetary manufacturers, specifically, LSV definition to include 3-wheeled impact of entitlements, grants, user fees, manufacturers of LSVs. North American vehicles. ZAP noted that many low or loan programs or the rights and Industry Classification System Codes speed vehicles in Europe have 3 wheels. obligations of recipients thereof; or (NAISC) code number 336111, However, the 4-wheel limitation (4) Raise novel legal or policy issues Automobile Manufacturing, prescribes a distinguishes a LSV from a ‘‘motor arising out of legal mandates, the small business size standard of 1,000 or cycle’’ or a ‘‘motor-driven cycle’’ as President’s priorities, or the principles fewer employees. NAISC code number defined in 49 CFR § 571.3. Motorcycles set forth in the Executive Order. 336211, Motor Vehicle Body and motor-driven cycles are separately This rulemaking document was not Manufacturing, prescribes a small regulated. Our proposal to change the reviewed under Executive Order 12866, business size standard of 1,000 or fewer LSV definition does not change the ‘‘Regulatory Planning and Review.’’ The employees. relationship in how we regulate LSVs agency is aware of only one LSV (the The establishment of the new category and motorcycles or motor-driven cycles. imported ZAP Worldcar) currently of motor vehicles, low-speed vehicles, Any such change is beyond the scope of produced that will no longer be under FMVSS No. 500, in 1998, this rulemaking and would require us to classified as a LSV under the final rule. provided small business with the do further analysis and provide for This impact will not result in an annual opportunity to expand into a new public comment on such a change. effect on the economy of $100 million market. This final rule will further Several commenters, i.e., Mr. Alex or more. permit the manufacture of LSVs to meet Campbell, Representative Lynn As discussed below in Regulatory additional needs, but it will also limit Woolsey, and EDTA, commented that Flexibility Act analysis, the the market for LSVs to those under the government should be working to manufacturer of this vehicle has two 2,500 pounds GVWR. The previous reduce the restrictions for zero-emission options: (1) To redesign the vehicle to definition of LSV did not limit the forms of transportation, and promote the comply with the full set of FMVSSs, or GVWR of motor vehicles that could be use of technologies that provide (2) to reduce the weight and GVWR of defined as a LSV. environmental benefits. the vehicle so that it meets LSV class In 2003, over 30 manufacturers had As we stated in the June 1998 final limitations. registered with NHTSA as intending to rule, we believe that the creation of the This final rule will permit current manufacture LSVs. One-third of these LSV class would help, not hurt, LSV manufacturers to produce LSVs for manufacturers listed the intended communities reach environmental goals. more work oriented functions. In the GVWR range as including vehicles over We believe that the promulgation of petitions for rulemaking received by the 2,500 pounds. However, to our FMVSS No. 500 was a pragmatic, agency and the comments on this knowledge at this time, there is only one flexible and necessary approach to rulemaking, manufacturers stated that U.S. manufacturer (California regulating the safety of LSVs. The the definition adopted today will allow Manufacture of Electric Vehicles adoption of the GVWR limitation is them to expand production to meet a (CAMEV)) with actual plans to produce necessary to balance the utility of the consumer need. a LSV with a GVWR over 2,500 pounds. LSV with safety concerns. Eliminating CAMEV has 1,000 or fewer employees. the truck exclusion further increases the Regulatory Flexibility Act CAMEV has not yet manufactured a flexibility of the LSV class and may Pursuant to the Regulatory Flexibility vehicle and is in the development stage. provide additional environmental Act (5 U.S.C. 601 et seq., as amended by CAMEV stated that the GVWR limit of benefits by permitting the manufacture the Small Business Regulatory ‘‘less than 2,500 pounds’’ is not the of a vehicle that could be operated in Enforcement Fairness Act (SBREFA) of appropriate method of restricting the lieu of a truck in the appropriate 1996), whenever an agency is required size of LSVs and that the proposed operating environments. to publish a notice of rulemaking for GVWR would not provide enough any proposed or final rule, it must weight allowance for the electric V. Rulemaking Analyses and Notices prepare and make available for public propulsion system, and would limit the Executive Order 12866 and DOT comment a regulatory flexibility vehicle’s applications. CAMEV stated Regulatory Policies and Procedures analysis that describes the effect of the that it is designing an electric vehicle

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‘‘model Q’’ that has a GVWR of final rule. ZAP stated that it has between the national government and approximately 3,200 pounds. CAMEV marketed over 85,000 electric vehicles the States, or on the distribution of recommended a 3,200-pound GVWR since 1994, and currently imports power and responsibilities among the limitation. completed vehicles made in China. ZAP various levels of government.’’ As explained above, the agency has did not specify how many of these The agency has analyzed this rule in determined that ‘‘less than 2,500 vehicles were classified as LSVs or how accordance with the principles and pounds’’ is an appropriate limit for many of these vehicles were LSVs with criteria set forth in Executive Order LSVs and has taken into consideration a GVWR greater than the limit adopted 13132 and has determined that it will the weight of electric propulsion in today’s final rule. not have sufficient federalism systems. If CAMEV wants to keep the ZAP stated that its new 2004 ZAP implications to warrant consultation current vehicle design of over 2,500 Worldcar vehicle would no longer be with State and local officials or the pounds GVWR, then it must make the classified as a LSV, since its GVWR is preparation of a federalism summary vehicle fully compliant with all 3,007 pounds. However, this final rule impact statement. applicable FMVSSs for a vehicle over does not prevent ZAP from continuing In the 1998 final rule, which 2,500 pounds GVWR. to sell LSVs that meet the regulatory established the LSV definition, the The cost implications of these choices definition. The imported vehicles could agency noted that: are difficult to estimate. Reducing the either be redesigned or certified to all GVWR of the vehicle may be a difficult Under the preemption provisions of 49 FMVSSs applicable to passenger cars, as U.S.C. 30103(b)(1), with respect to those task once a vehicle is in production. explained for CAMEV. Further, ZAP areas of a motor vehicle’s safety performance Manufacturers seeking to reduce weight already advertises a motor vehicle with regulated by the Federal government, any of LSVs can utilize mechanical a GVWR below 2,500 pounds that is not state and local safety standards addressing innovations, advanced material a LSV, i.e., the SMART car. those areas must be identical. Thus, the state technologies, and design concepts to or local standard, if any, for vehicles achieve this goal while maintaining Paperwork Reduction Act classified as LSVs must be identical to vehicle performance. Unconventional NHTSA has analyzed this final rule Standard No. 500 in those areas covered by design features and aerodynamics, along under the Paperwork Reduction Act of that standard. For example, since Standard with lightweight materials reduce 1995 (Pub. L. 104–13) and determined No. 500 addresses the subject of the type of weight throughout the vehicle and lights which must be provided, state and that it will not impose any new local governments may not require additional lower drag coefficient, thus requiring information collection requirements as types of lights. Further, since the agency has less power. The development of higher that term is defined by the Office of not specified performance requirements for efficiency propulsion systems and Management and Budget (OMB) in 5 any of the required lights, state and local advanced energy storage, underway CFR part 1320. governments may not do so either. through government and industry initiatives, will accelerate the The National Environmental Policy Act 63 FR at 33215. In a 1998 NPRM we revised this discussion by stating that: production of LSVs meeting FMVSS NHTSA has also analyzed this final requirements, lower cost, and provide rule under the National Environmental [W]e have re-examined our statements options in the design of the LSV Policy Act and determined that it will about preemption in the preamble of the final package. have no significant impact on the rule. In those statements, we explained that, However, weight reduction of a human environment. LSV usage is very in view of our conscious decision not to vehicle still in development could be adopt any performance requirements for most small in comparison to that of motor of the types of equipment required by accomplished with the above listed vehicles as a whole; therefore, any Standard No. 500, the states were preempted technologies without a significant change to the LSV segment does not from doing so. * * * As a result of re- economic impact to the manufacturer. have a significant environmental effect. examining our views, we have concluded Incorporating the above listed that we should not assert * * * preemption technologies would maintain the The Unfunded Mandates Reform Act in this particular situation. Accordingly, we functional design of the vehicle and The Unfunded Mandates Reform Act agree that the states may adopt and apply possibly provide benefits in fuel of 1995 (Pub. L. 104–4) requires their own performance requirements for economy or battery life. agencies to prepare a written assessment required LSV lighting equipment, mirrors, Designing the vehicle to comply with of the costs, benefits and other effects of and parking brakes until we have established applicable FMVSSs is another performance requirements for those items of proposed or final rules that include a equipment. However, the states remain alternative. NHTSA estimates that the Federal mandate likely to result in the precluded from adopting additional FMVSSs added an average of $858 (in expenditure by State, local or tribal equipment requirements in areas covered by 2003 dollars) and 125 pounds to the governments, in the aggregate, or by the Standard No. 500. average passenger car in model year private sector, of more than $100 65 FR 53219, 53220; September 1, 2001, from 1968 cost and weight. While million annually. This final rule does 2000. the cost to redesign an LSV to comply not result in annual expenditures We are unaware of any existing state with the FMVSSs applicable to a exceeding the $100 million threshold. passenger car would likely be greater laws that would be preempted by than this average, we believe that the Executive Order 13132 (Federalism) today’s final rule. We recognize that additional cost and weight attributed to Executive Order 13132 on California’s definition of ‘‘low-speed specific safety technologies associated ‘‘Federalism’’ requires us to develop an vehicle’’ establishes a maximum with FMVSSs would not be burdensome accountable process to ensure ‘‘unladen weight of 1,800 pounds’’ (Cal. 7 for a manufacturer to attain, particularly meaningful and timely input by State Vehicle Code section 385.5). Unlike given that LSVs already must have and local officials in the development of GVWR, the unladen weight is the brakes, lights, safety belts and other ‘‘regulatory policies that have weight of the vehicle without occupants basic features. federalism implications.’’ The Executive 7 We also note that Hawaii has incorporated a The agency also received comment Order defines this phrase to include maximum ‘‘unladen weight’’ in its definition of from a business, ZAP, that imports LSV regulations ‘‘that have substantial direct NEV, which is limited to electrically powered above the GVWR limit adopted in this effects on the States, on the relationship motor vehicles (HRS § 286–2).

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or cargo. (See, Cal. Vehicle Code Section reconsideration or other administrative inconsistent with applicable law (e.g., 289). Today’s final rule does not specify proceeding is not required before parties the statutory provisions regarding a maximum unladen weight for LSVs. may file suit in court. However, this NHTSA’s vehicle safety authority) or Therefore, consistent with our past change does change a ‘‘key term’’ within otherwise impractical. In meeting that pronouncements regarding LSVs and the meaning of Executive Order 12988. available and potentially applicable preemption of State law, the addition of The agency has made every effort to voluntary consensus standard, we are a maximum GVWR in today’s final rule ensure that this key term has been required by the Act to provide Congress, does not preempt California’s definition explicitly defined. through OMB, with an explanation of of LSV. the reasons for not using such Regulation Identifier Number (RIN) This rule will not have substantial standards. The agency specifically direct effect on the States, on the The Department of Transportation considered SAE J–2358 in the relationship between the national assigns a regulation identifier number development of this final rule. government and the States, or on the (RIN) to each regulatory action listed in distribution of power and the Unified Agenda of Federal Privacy Act responsibilities among the various Regulations. The Regulatory Information Anyone is able to search the levels of government, as specified in Service Center publishes the Unified electronic form of all submissions Executive Order 13132. Agenda in April and October of each received into any of our dockets by the year. You may use the RIN contained in Executive Order 12988 (Civil Justice name of the individual submitting the Reform) the heading at the beginning of this comment (or signing the comment, if document to find this action in the submitted on behalf of an association, Executive Order 12988 requires that Unified Agenda. business, labor union, etc.). You may agencies review proposed regulations Data Quality Guidelines review DOT’s complete Privacy Act and legislation and adhere to the Statement in the Federal Register following general requirements: (1) The After reviewing the provisions of the published on April 11, 2000 (Volume agency’s proposed legislation and final rule, pursuant to OMB’s 65, Number 70; Pages 19477–78) or you regulations shall be reviewed by the Guidelines for Ensuring and may visit http://dms.dot.gov. agency to eliminate drafting errors and Maximizing the Quality, Objectivity, ambiguity; (2) the agency’s proposed Utility, and Integrity of Information List of Subjects in 49 CFR Part 571 legislation and regulations shall be Disseminated by Federal Agencies Imports, Motor vehicle safety, Motor written to minimize litigation; and (3) (‘‘Guidelines’’) issued by the Office of vehicles, Low-speed vehicles. the agency’s proposed legislation and Management and Budget (OMB) (67 FR regulations shall provide a clear legal 8452, Feb. 22, 2002) and published in I For reasons set forth in the preamble, standard for affected conduct rather final form by the Department of NHTSA amends 49 CFR part 571 to read than a general standard, and shall Transportation on October 1, 2002 (67 as follows: promote simplification and burden FR 61719), NHTSA has determined that PART 571—FEDERAL MOTOR reduction. nothing in this rulemaking action would VEHICLE SAFETY STANDARDS When promulgating a regulation, result in ‘‘information dissemination’’ to Executive Order 12988, specifically the public, as that term is defined in the I 1. The authority citation for part 571 requires that the agency must make Guidelines. continues to read as follows: every reasonable effort to ensure that the regulation, as appropriate: (1) Specifies Executive Order 13045 Authority: 49 U.S.C. 322, 30111, 30166 and in clear language the preemptive effect, Executive Order 13045 (62 FR 19885, 30177; delegation of authority at 49 CFR 1.50. (2) specifies in clear language the effect April 23, 1997) applies to any rule that: Subpart A—General on existing Federal law or regulation, (1) Is determined to be ‘‘economically including all provisions repealed, significant’’ as defined under Executive I 2. Section 571.3(b) is amended by circumscribed, displaced, impaired, or Order 12866, and (2) concerns an revising the term ‘‘low-speed vehicle’’ to modified, (3) provides a clear legal environmental, health or safety risk that read as follows: standard for affected conduct rather NHTSA has reason to believe may have than a general standard, while a disproportionate effect on children. If § 571.3 Definitions. promoting simplification and burden the regulatory action meets both criteria, * * * * * reduction, (4) specifies in clear language we must evaluate the environmental (b) Other definitions. *** the retroactive effect, (5) specifies health or safety effects of the planned Low-speed vehicle (LSV) means a whether administrative proceedings are rule on children, and explain why the motor vehicle, to be required before parties may file planned regulation is preferable to other (1) that is 4-wheeled, suit in court, (6) explicitly or implicitly potentially effective and reasonably (2) whose speed attainable in 1.6 km defines key terms, and (7) addresses feasible alternatives considered by us. (1 mile) is more than 32 kilometers per other important issues affecting clarity As noted earlier, this rule is not hour (20 miles per hour) and not more and general draftsmanship of economically significant, nor does it than 40 kilometers per hour (25 miles regulations. concern a safety risk with a per hour) on a paved level surface, and NHTSA has reviewed this final rule disproportionate effect on children. (3) whose GVWR is less than 1,134 according to the general requirements kilograms (2,500 pounds). National Technology Transfer and and the specific requirements for * * * * * regulations set forth in Executive Order Advancement Act 12988. This final rule revises the Section 12(d) of the National Issued: August 11, 2005. definition of the term ‘‘low-speed Technology Transfer and Advancement Ronald L. Medford, vehicle (LSV)’’ in 49 CFR Part 571. This Act (NTTAA) requires NHTSA to Senior Associate Administrator for Vehicle change does not preemptive any evaluate and use existing voluntary Safety. existing State law and does not have a consensus standards in its regulatory [FR Doc. 05–16323 Filed 8–16–05; 8:45 am] retroactive effect. A petition for activities unless doing so would be BILLING CODE 4910–59–U

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DEPARTMENT OF THE INTERIOR utilizing modern implements such as qualifying statement with regard to sea sewing machines, are not utilized.’’ otters that stated ‘‘[P]rovided that, it has Fish and Wildlife Service The final rule (37 FR 28173; been determined that no items created December 21, 1972) added the in whole or in part from sea otter meet 50 CFR Part 18 requirement that these items must be part (a) [that is, ‘‘were commonly RIN 1018–AT48 ‘‘commonly produced on or before produced on or before December 21, December 21, 1972’’ and read: 1972’’] of this definition and therefore Marine Mammals; Native Exemptions ‘‘*** Items which (a) were no such items may be sold’’ (55 FR commonly produced on or before 14973). We further stated in the rule AGENCY: Fish and Wildlife Service, December 21, 1972, and (b) are that, following the completion of a Interior. composed wholly or in some significant management plan for northern sea otter, ACTION: Final rule. respect of natural materials, and (c) we would replace the interim rule with which are produced, decorated, or a final rule, if appropriate. The interim SUMMARY: We, the Fish and Wildlife fashioned in the exercise of traditional rule became effective on May 21, 1990. Service (Service), amend regulations native handicrafts without the use of Although we developed and issued a implementing the Marine Mammal pantographs, multiple carvers, or ‘‘Conservation Plan for the Sea Otter in Protection Act of 1972 (MMPA), as similar mass copying devises, or other Alaska’’ in June 1994, we did not revisit amended. This action revises our improved methods of production the regulatory definition put into place existing definition of ‘‘authentic native utilizing modern implements, such as by our interim rule, and the language articles of handicrafts and clothing’’ to sewing machines. Traditional native still exists in 50 CFR 18.3. reflect a December 28, 1992, Court handicrafts include, but are not limited In 1990, a number of parties ruling, which found that our regulation to weaving, carving, stitching, sewing, challenged our definition as violating defining ‘‘authentic native articles of lacing, beading, drawing, and painting.’’ the MMPA. On July 17, 1991, in handicrafts and clothing’’ is Although our MMPA implementing Didrickson v. U.S. Department of the inconsistent with the MMPA. regulations were published on Interior, the U.S. District Court for the DATES: Effective date: The amendments December 21, 1972 as a final rule, we District of Alaska ruled in favor of the in this final rule are effective September invited the public to provide comments, Plaintiffs. The Court wrote that we had 16, 2005. suggestions, and objections for a 60-day defined ‘‘authentic,’’ as used in the period. Based on comments received, ADDRESSES: Comments and materials phrase, ‘‘authentic native articles of we issued a proposed rule to amend our received in response to this action are handicrafts and clothing * * *’’ (in the implementing regulations (38 FR 22143; available for inspection during normal Native exemption section of the Act), August 16, 1973), followed by a final business hours from 8 a.m. to 4:30 p.m., ‘‘in such a way as to broaden [the rule (38 FR 7262; February 25, 1974). Monday through Friday, at the U.S. Fish Service’s] own regulatory authority over The definition for ‘‘authentic native and Wildlife Service, Division of Habitat [Native] activities that the plain articles of handicrafts and clothing’’ at and Resource Conservation, 4401 North language of the statute would not 50 CFR 18.3 was amended by the Fairfax Drive, Suite 400, Arlington, otherwise permit.’’ The Court further following additions: (1) The articles Virginia. To be sure someone is ruled that the MMPA did not mandate must have been made by an Indian, restriction of its Alaska native available to help you, please call (703) Aleut, or Eskimo; (2) the articles must 358–2161 before visiting. handicraft exemption to apply only to be significantly altered from their artifacts commonly produced on or FOR FURTHER INFORMATION CONTACT: natural form; (3) modern techniques at before December 21, 1972. In its Diane Bowen, Division of Habitat and a tannery registered pursuant to conclusion, the Court stated that, while Resource Conservation, in Arlington, § 18.23(c) may be used so long as no its ‘‘opinion should not be construed as Virginia, at 703/358–2161. large scale mass production industry authorizing a ‘‘free-for-all’’ killing of SUPPLEMENTARY INFORMATION: results; and (4) the formation of hundreds of sea otters,’’ the Service traditional native groups, such as Background ‘‘does not have the authority to regulate cooperatives, is permitted as long as no the harvesting of sea otters for purposes After passage of the Marine Mammal large scale mass production results. of creating native handicrafts absent a Protection Act (16 U.S.C. 1361, et seq.) The regulations were enforced and finding of depletion.’’ The Court also in 1972, we promulgated regulations at subsequently challenged in court. While stated that the Service has the authority 50 CFR part 18 to implement this initially upheld in court, the U.S. to take enforcement action against any authority. We included in our proposed District Court called for a thorough takings that are wasteful. This decision regulations a definition similar to that in administrative review of the section of was appealed to the Ninth Circuit Court Section 101(b)(2) of the MMPA for the regulations (50 CFR 18.23) that of Appeals, which, on December 28, ‘‘authentic native articles of handicrafts addresses the taking of northern sea 1992, affirmed the District Court’s and clothing’’ (37 FR 25524; December otters under the native exemptions. ruling. 1, 1972), part of which read: Following the review, the Service ‘‘ *** Items composed wholly or in published a notice of proposed Notice of Proposed Rulemaking some significant respect of natural rulemaking on November 14, 1988, to On June 4, 2004, we published a materials, and which are produced, clarify the regulations as they apply to proposed rule (69 FR 31582) and decorated, or fashioned in the exercise the sea otter (53 FR 45788). Those requested public comment on the of traditional native handicrafts. proposed regulations would prohibit all rulemaking to revise our regulations in Traditional native handicrafts include, takings of sea otters by Alaska Natives 50 CFR part 18 and make them but are not limited to, weaving, carving, for the purpose of creating and selling consistent with the court rulings stitching, sewing, lacing, beading, handicrafts or clothing. An interim rule described above. Specifically, the action drawing, and painting, so long as the was subsequently published on April would eliminate the requirement in 50 use of pantographs, multiple carvers, or 20, 1990 (55 FR 14973). This 1990 rule CFR 18.3 for ‘‘Authentic native articles other mass copying devises, or other was, for the most part, identical to the of handicrafts and clothing’’ to have improved methods of production 1974 rule. However, the rule included a been commonly produced on or before

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December 21, 1972, and would delete with an action taken or planned by This rule will not have substantial the language at the end of the definition another agency. direct effects on the State, in the that states: c. This rule will not materially affect relationship between the Federal ‘‘Provided that, it has been entitlements, grants, user fees, loan Government and the State, or on the determined that no items created in programs, or the rights and obligations distribution of power and whole or in part from sea otter meet part of their recipients. responsibilities among the various (a) of this definition and therefore no d. This rule will not raise novel legal levels of government. such items may be sold.’’ or policy issues. Civil Justice Reform Comments on the Proposed Rule Regulatory Flexibility Act In accordance with Executive Order We received two comments on the We certify that this rule will not have 12988, the Office of the Solicitor has proposed rule. One commenter fully a significant economic effect on a determined that this rule does not supported the amendment and urged substantial number of small entities as unduly burden the judicial system and the agency to make the changes as soon defined under the Regulatory Flexibility meets the requirements of sections 3(a) as possible. The other commenter did Act (5 U.S.C. 601 et seq.). An initial/ and 3(b)(2) of the Order. not indicate whether they supported the final Regulatory Flexibility Analysis is amendment but, instead requested that not required. Accordingly, a Small Paperwork Reduction Act the Secretary of the Department of the Entity Compliance Guide is not Interior reevaluate the regulations required. This regulation does not contain regarding native take exemptions should collections of information that require the southwest Alaska distinct Small Business Regulatory Enforcement approval by the Office of Management population segment of the northern sea Fairness Act and Budget under 44 U.S.C. 3501 et seq. otter be listed as threatened under the This rule is not a major rule under 5 The regulation will not impose new U.S. Endangered Species Act and, U.S.C. 804(2). This rule: record keeping or reporting therefore, automatically deemed a. Does not have an annual effect on requirements on State or local depleted under the MMPA. This the economy of $100 million or more. governments, individuals, and comment is beyond the scope of this b. Will not cause a major increase in businesses, or organizations. rulemaking process, which is to amend costs or prices for consumers, the regulatory definition of ‘‘authentic individual industries, Federal, State, or National Environmental Policy Act native handicraft’’ consistent with a local government agencies, or We have considered this action with Court ruling. There is a separate geographic regions. respect to Section 102(2)(C) of the rulemaking process that deals with the c. Does not have significant adverse National Environmental Policy Act of status of the population. effects on competition, employment, 1969, and have determined that the Conclusion investment, productivity, innovation, or action is categorically excluded, the ability of U.S.-based enterprises to pursuant to U.S. Department of the The Service has concluded that, based compete with foreign-based enterprises. on the information presented above and, Interior criteria, from the NEPA process; in consideration of public comments, Unfunded Mandates Reform Act the preparation of an Environmental Assessment is not required as defined amendment of the definition of In accordance with the Unfunded ‘‘authentic native handicraft’’ is by USDI categorical exclusion 1.10 (516 Mandates Reform Act (2 U.S.C. 1501 et DM, Chapter 2, Appendix 1, appropriate and is warranted to be in seq.): compliance with a Court ruling. Departmental Categorical Exclusions). a. This rule will not ‘‘significantly or This categorical exclusion exempts Required Determinations uniquely’’ affect small governments. A ‘‘[p]olicies, directives, regulations, and Small Government Agency Plan is not Regulatory Planning and Review guidelines of an administrative, required. financial, legal, technical, or procedural b. This rule will not produce a In accordance with the criteria in nature.’’ Given that this rule amends a Federal mandate of $100 million or Executive Order 12866, this rule is not regulation, in response to a Court ruling, a significant regulatory action. The greater in any year. As such, it is not a the exclusion applies to this action. Office of Management and Budget ‘‘significant regulatory action’’ under makes the final determination under the Unfunded Mandates Reform Act. Government-to-Government Executive Order 12866. Relationship With Tribes a. This rule will not have an annual Takings economic impact of $100 million or In accordance with Executive Order In accordance with the President’s adversely affect an economic sector, 12630, this rule does not have memorandum of April 29, 1994, productivity, jobs, the environment, or significant takings implications. We ‘‘Government-to-Government Relations other units of government. There are no have determined that the rule has no with Native American Tribal compliance costs to any sector of the potential takings of private property Governments’’ (59 FR 22951), Executive economy. A cost-benefit analysis is not implications as defined by this Order 13175 and the Department of the required. We do not expect that any Executive Order because it removes a Interior’s manual at 512 DM 2, we significant economic impacts would regulatory definition determined by a readily acknowledge our responsibility result from the revision of this Federal Court to exceed the statutory to communicate meaningfully with definition. The only expenses related to provisions of the MMPA. A takings federally recognized Tribes on a this were to the Federal Government to implication assessment is not required. Government-to-Government basis. We write the rule and required Record of have evaluated possible effects on Federalism Compliance, and to publish the final federally recognized Indian tribes and rule in the Federal Register; these costs In accordance with Executive Order have determined that this rule will have should not exceed $25,000. 13132, this rule does not have a positive effect on tribes as it relieves b. This rule will not create a serious significant Federalism effects. A a regulatory restriction consistent with a inconsistency or otherwise interfere Federalism assessment is not required. Court ruling.

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Energy Supply, Distribution, or Use Dated: August 2, 2005. Management Act (Magnuson-Stevens (Executive Order 13211) Paul Hoffman, Act) by regulations at 50 CFR part 622. Acting Assistant Secretary for Fish and In response to a request from the On May 18, 2001, the President issued Wildlife and Parks. Council, NMFS published an emergency Executive Order 13211 on regulations [FR Doc. 05–16277 Filed 8–16–05; 8:45 am] rule (70 FR 8037, February 17, 2005) that significantly affect energy supply, BILLING CODE 4310–55–P under section 305(c)(1) of the distribution, and use. Executive Order Magnuson-Stevens Act, that established 13211 requires agencies to prepare trip limits for the commercial shallow- Statements of Energy Effects when DEPARTMENT OF COMMERCE water and deep-water grouper fisheries undertaking certain actions. Because in the exclusive economic zone of the this rule is not a significant regulatory National Oceanic and Atmospheric Gulf of Mexico. The trip limits were, action under Executive Order 12866, it Administration and remain, necessary to slow the rate is not expected to significantly affect of harvest of the available commercial energy supplies, distribution, and use. 50 CFR Part 622 grouper quotas, extend the fishing Therefore, this action is a not a season, reduce the effects of derby significant energy action and no [Docket No. 050209033–5033–01; I.D. fishing, and reduce the probability of Statement of Energy Effects is required. 020405D] overfishing. The trips limits were originally List of Subjects in 50 CFR Part 18 RIN 0648–AS97 proposed to the Council by Administrative practice and Fisheries of the Caribbean, Gulf of representatives of the commercial reef procedure, Alaska, Imports, Indians, Mexico, and South Atlantic; Reef Fish fish fishery as follows: (1) On January 1, Marine mammals, Oil and gas Fishery of the Gulf of Mexico; all vessels will be limited to a 10,000– exploration, Reporting and Extension of Commercial Trip Limits lb (4,536–kg), gutted-weight (GW), trip recordkeeping requirements, for Gulf of Mexico Grouper Fishery limit for deep-water grouper and Transportation. shallow-water grouper combined; (2) if AGENCY: National Marine Fisheries on or before August 1 the fishery is I In consideration of the foregoing, 50 Service (NMFS), National Oceanic and estimated to have landed more than 50 CFR part 18, subpart A of chapter I, title Atmospheric Administration (NOAA), percent of either the shallow-water 50 of the Code of Federal Regulations, is Commerce. grouper or the red grouper quota, then amended as follows: ACTION: Temporary rule; emergency a 7,500–lb (3,402–kg) GW trip limit action; extended. takes effect; and (3) if on or before PART 18—MARINE MAMMALS October 1 the fishery is estimated to SUMMARY: An emergency rule of have landed more than 75 percent of I 1. The authority citation for 50 CFR February 17, 2005, that established trip either the shallow-water grouper or the part 18 continues to read as follows: limits for the commercial shallow-water red grouper quota, then a 5,500–lb Authority: 16 U.S.C. 1361 et seq. and deep-water grouper fisheries in the (2,495–kg) GW trip limit takes effect. exclusive economic zone of the Gulf of I 2. In § 18.3, revise the definition for Because implementation of the original Mexico is in effect from March 3, 2005, emergency rule occurred after January 1, Authentic native articles of handicrafts through August 16, 2005. NMFS extends NMFS revised item (1) above to reflect and clothing as follows: that emergency rule for an additional the appropriate implementation date, § 18.3 Definitions. 180 days through February 12, 2006. March 3. This extension of the * * * * * The intended effects of that emergency emergency rule will include at rule are to moderate the rate of harvest § 622.44(h)(1)(i) the period beginning Authentic native articles of of the available quotas, reduce the January 1; therefore, this emergency rule handicrafts and clothing means items adverse social and economic effects of modifies item (1) to again reflect the made by an Indian, Aleut, or Eskimo derby fishing, enable more effective January 1 date consistent with the intent that (a) are composed wholly or in some quota monitoring, and reduce the of the original proposal. NMFS also significant respect of natural materials probability of overfishing. adds one other minor clarification in and (b) are significantly altered from this emergency rule to explain that, their natural form and are produced, DATES: Effective from August 17, 2005, through February 12, 2006. although the trip limits are for shallow- decorated, or fashioned in the exercise water grouper and deep-water grouper ADDRESSES: Copies of documents of traditional native handicrafts without are combined, if either fishery has the use of pantographs, multiple supporting this rule may be obtained from the Southeast Regional Office, reached its quota and has been closed, carvers, or similar mass-copying no fish subject to the closure may be devices. Improved methods of NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. possessed under the applicable trip production utilizing modern limit. implements such as sewing machines or FOR FURTHER INFORMATION CONTACT: Phil Under section 305(c)(3)(B) of the modern techniques at a tannery Steele, 727–551–5784; fax: 727–824– Magnuson-Stevens Act, NMFS may registered pursuant to § 18.23(c) may be 5308, e-mail: [email protected]. extend the effectiveness of an used so long as no large-scale mass- SUPPLEMENTARY INFORMATION: The emergency rule for one additional production industry results. Traditional fishery for reef fish is managed under period of 180 days, provided the public native handicrafts include, but are not the Fishery Management Plan for the has had an opportunity to comment on limited to, weaving, carving, stitching, Reef Fish Resources of the Gulf of the emergency rule and the Council is sewing, lacing, beading, drawing, and Mexico (FMP) that was prepared by the actively preparing proposed regulations painting. The formation of traditional Gulf of Mexico Fishery Management to address the issue on a permanent native groups, such as cooperatives, is Council (Council). This FMP was basis. permitted so long as no large-scale mass approved by NMFS and implemented NMFS solicited comments on the production results. under the authority of the Magnuson- initial emergency rule through March * * * * * Stevens Fishery Conservation and 21, 2005, and received one comment in

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support of the emergency rule. NMFS without opportunity for prior notice and PART 622—FISHERIES OF THE concurs that the emergency was, and opportunity for public comment. CARIBBEAN, GULF, AND SOUTH remains, necessary to reduce adverse The AA finds good cause to waive the ATLANTIC effects of derby fishing, extend the requirement to provide prior notice and I 1. The authority citation for part 622 fishing season, and reduce the opportunity for public comment, probability of overfishing. continues to read as follows: pursuant to authority set forth at U.S.C. Authority: 16 U.S.C. 1801 et seq. The Council is preparing a regulatory 553(b)(B), as such procedures would be amendment and associated proposed I impracticable and contrary to the public 2. In § 622.44, paragraph (g) is added regulations which will address interest. This emergency rule merely to read as follows: measures, including trip limits, to moderate the rate of harvest in the Gulf extends the commercial trip limits § 622.44 Commercial trip limits. grouper commercial fishery. Those established by the initial emergency rule * * * * * measures, if approved and implemented which was subject to public comment. (g) Gulf deep-water and shallow-water by NMFS, would replace this emergency The only comment received supported grouper, combined. (1) For vessels rule. Action to address these issues via the implementation of the emergency operating under the quotas in the proposed regulations associated rule. This extension of the emergency § 622.42(a)(1)(ii) or § 622.42(a)(1)(iii), with the regulatory amendment cannot rule is necessary to continue the the following trip limits apply to Gulf be implemented before the current moderation of the rate of harvest of the deep-water and shallow-water grouper emergency rule expires on August 17, available quotas, thereby helping to combined. However, when the quotas in 2005. Extension of the emergency rule is keep the fishery open for more of the § 622.42(a)(1)(ii) or § 622.42(a)(1)(iii) are necessary to avoid a regulatory lapse fishing year and reducing the effects of reached and the respective fishery is and to ensure that the rate of harvest derby fishing and the associated adverse closed, the commercial trip limit for the remains under proper control so the social and economic impacts. As species subject to the closure is zero. season can be extended as much as previously indicated, preliminary (See § 622.42(a)(1)(ii) and possible and the risk of overfishing is January data indicated a 23–percent § 622.42(a)(1)(iii) for the species minimized. increase in landings over the included in the deep-water and shallow- Additional details concerning the comparable time frame in 2004. An water grouper categories, respectively.) basis for these commercial trip limits early and disruptive closure is highly (i) Beginning January 1—10,000 lb are contained in the preamble to the likely if the trip limits were to lapse. For (4,536 kg), gutted weight. initial emergency rule and are not these same reasons, under 5 U.S.C. (ii) If on or before August 1 more than repeated here. 553(d)(3), the AA finds good cause that 50 percent of either the shallow-water a 30-day delay in the effective date of grouper quota or red grouper quota Classification specified in § 622.42(a)(1)(iii) is reached this emergency rule would be contrary or is projected to be reached—7,500 lb The Assistant Administrator for to the public interest. Fisheries, NOAA (AA), has determined (3,402 kg), gutted weight. that this extension of the emergency List of Subjects in 50 CFR Part 622 (iii) If on or before October 1 more rule is necessary to minimize adverse than 75 percent of either the shallow- social and economic impacts, (i.e., Fisheries, Fishing, Puerto Rico, water grouper quota or red grouper derby fishing, market gluts, lower ex- Reporting and recordkeeping quota specified in § 622.42(a)(1)(iii) is vessel prices, potential safety-at-sea requirements, Virgin Islands. reached or is projected to be reached-- issues, and a shortened fishing season). Dated: August 11, 2005. 5,500 lb (2,495 kg), gutted weight. (2) The Assistant Administrator, by The AA has also determined that this James W. Balsiger, rule is consistent with the Magnuson- filing a notification of trip limit change Stevens Act and other applicable laws. Acting Deputy Assistant Administrator for with the Office of the Federal Register, Regulatory Programs, National Marine will effect the trip limit changes This emergency rule has been Fisheries Service. determined to be not significant for specified in paragraphs (h)(1)(ii) and purposes of Executive Order 12866. I For the reasons set out in the preamble, (iii) of this section when the applicable This emergency rule is exempt from 50 CFR part 622 is amended as follows: conditions have been met. the procedures of the Regulatory [FR Doc. 05–16319 Filed 8–12–05; 2:30 pm] Flexibility Act because the rule is issued BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 70, No. 158

Wednesday, August 17, 2005

This section of the FEDERAL REGISTER veterinary biologics that are submitted records of information necessary to give contains notices to the public of the proposed to the Agency. a complete accounting of all the issuance of rules and regulations. The DATES: We will consider all comments activities within a veterinary biologics purpose of these notices is to give interested that we receive on or before October 17, establishment. In § 116.1, paragraph (a) persons an opportunity to participate in the states that such reports must include, rule making prior to the adoption of the final 2005. rules. ADDRESSES: You may submit comments but are not limited to, the items by any of the following methods: enumerated in the regulations, • EDOCKET: Go to http:// including inventory and disposition DEPARTMENT OF AGRICULTURE www.epa.gov/feddocket to submit or records (§ 116.2), information view public comments, access the index concerning product development and Animal and Plant Health Inspection listing of the contents of the official preparation and market suspension and Service public docket, and to access those recalls (§ 116.5), animal records documents in the public docket that are (§ 116.6), and test records (§ 116.7). 9 CFR Parts 101 and 116 available electronically. Once you have In § 116.5, paragraph (b) states that if entered EDOCKET, click on the ‘‘View at any time there are indications that [Docket No. 00–071–2] Open APHIS Dockets’’ link to locate this raise questions regarding the purity, document. safety, potency, or efficacy of a product, RIN 0579–AB90 • Postal Mail/Commercial Delivery: or if it appears that there may be a Viruses, Serums, Toxins, and Please send four copies of your problem regarding the preparation, Analogous Products; Records and comment (an original and three copies) testing, or distribution of a product, the Reports to Docket No. 00–071–2, Regulatory licensee, permittee, or foreign Analysis and Development, PPD, manufacturer must immediately notify AGENCY: Animal and Plant Health APHIS, Station 3C71, 4700 River Road the Animal and Plant Health Inspection Inspection Service, USDA. Unit 118, Riverdale, MD 20737–1238. Service (APHIS) concerning the ACTION: Proposed rule; withdrawal and Please state that your comment refers to circumstances and the action taken, if reproposal. Docket No. 00–071–2. any. • Federal eRulemaking Portal: Go to However, the regulations in § 116.1 do SUMMARY: We are proposing to amend http://www.regulations.gov and follow not explicitly require licensees and the Virus-Serum-Toxin Act regulations the instructions for locating this docket permittees to maintain records of concerning records and reports to and submitting comments. adverse events associated with the use require veterinary biologics licensees Reading Room: You may read any of veterinary biologics, nor do the and permittees to record specific comments that we receive on this regulations in § 116.5 provide specific information concerning adverse events docket in our reading room. The reading guidance in determining whether an associated with the use of biological room is located in room 1141 of the adverse event should be considered an products that they produce or distribute USDA South Building, 14th Street and indication that raises questions and to compile and submit those Independence Avenue SW., regarding the purity, safety, potency, records in a summary report to the Washington, DC. Normal reading room efficacy, preparation, testing, or Animal and Plant Health Inspection hours are 8 a.m. to 4:30 p.m., Monday distribution (PSPEPTD) of such product. Service (APHIS) every 12 months for through Friday, except holidays. To be Consequently, each veterinary biologics products licensed for 1 year or more; for sure someone is there to help you, manufacturer makes an independent newly licensed products, a summary please call (202) 690–2817 before determination concerning (1) whether report would have to be submitted at 6- coming. an adverse event report raises PSPEPTD month intervals during the first year of Other Information: You may view questions and (2) when and in what the product license and at 12-month APHIS documents published in the manner such report of the adverse event intervals thereafter. The summary report Federal Register and related will be provided to APHIS. would also have to identify the number information on the Internet at http:// To limit the harm to animals posed by of doses, or the average number of www.aphis.usda.gov/ppd/rad/ unsatisfactory veterinary biologics, doses, of the product in distribution webrepor.html. APHIS must rely on adverse event channels, if available. These records and FOR FURTHER INFORMATION CONTACT: Dr. reports provided by veterinary biologics reports would help ensure that APHIS Albert P. Morgan, Section Leader, licensees and permittees. However, will be able to provide complete and Operational Support Section, Policy, without any explicit guidance in the accurate information to consumers Evaluation, and Licensing, Center for regulations as to the form those reports regarding adverse reactions or other Veterinary Biologics, VS, APHIS, 4700 should take, licensees and permittees problems associated with the use of River Road Unit 148, Riverdale, MD are using nonstandardized methods to licensed biological products. This 20737–1231; (301) 734–8245. record and submit reports regarding proposed rule replaces a previously SUPPLEMENTARY INFORMATION: adverse events to APHIS. Similarly, published proposed rule, which we are without explicit reporting requirements withdrawing as part of this document, Background concerning adverse events, reports that that contained fewer specifics The Virus-Serum-Toxin Act may signal problems concerning the use concerning the information that would regulations in 9 CFR part 116 (referred of veterinary biological products are not have to be recorded in adverse event to below as the regulations) contain all being submitted to APHIS in a timely reports associated with the use of requirements for maintaining detailed manner.

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To address this situation, on January Definitions (veterinarian, animal owner, other, 15, 2002, we published in the Federal The regulations in 9 CFR part 101 unknown); (10) the date the event Register (67 FR 1910–1913, Docket No. contain definitions of terms used in the occurred; and (11) the outcome of the 00–071–1) a proposed rule to amend the regulations concerning veterinary event (recovered, death, euthanized, regulations concerning records and biologics. The proposed changes to part alive with side effects, ongoing event). reports to require veterinary biologics 116 of the regulations would make it Summary Reports licensees and permittees to record and necessary for us to add definitions in We are proposing to require that submit reports to APHIS concerning § 101.2 for two terms used in the licensees and permittees submit to adverse events associated with the use proposed regulations: Adverse event and APHIS a summary report of all adverse of veterinary biological products that adverse event report. We would define event reports received during the they produce or distribute. The adverse event as any observation in reporting period. For products licensed proposed rule would have required animals, whether or not the cause of the for 1 year or more, the summary report veterinary biologics licensees and event is known, that is unfavorable and would have to be submitted at 12-month permittees to report to APHIS the unintended and that occurs after any intervals; for newly licensed products, a number of doses of each licensed use (on or off label) of a biological summary report would have to be product that they distribute. The product. For products administered to submitted at 6-month intervals during proposed rule also would have amended animals, this would include events the first year of the product license and the regulations in 9 CFR part 101 to related to a suspected lack of expected at 12-month intervals thereafter. For provide definitions for the terms efficacy. For products intended to new products, we had considered an adverse event and adverse event report. diagnose disease, adverse events would alternative proposal that would also refer to anything that hinders discovery We solicited comments on our have allowed summary reports for new of the correct diagnosis. We would products to also be submitted every 12 proposal for 60 days ending on March define adverse event report as a 18, 2002. We received 13 comments by months. However, we believe that more communication concerning the frequent reporting for new products will that date. The comments were from 10 occurrence of an adverse event from an veterinary biologics manufacturers, 2 enable us to identify trends more identifiable first-hand reporter that quickly and thereby resolve any trade associations representing includes at least the following problems sooner. We specifically veterinary biologics manufacturers, and information: An identifiable reporter; an request that you comment on the merit a veterinary association. Six identifiable animal; an identifiable of 6-month as compared to 12-month commenters expressed conceptual biological product; and one or more reporting of adverse events concerning support for the proposed rule, but were adverse events. new products. concerned that parts of the proposed Adverse Event Records The summary report would have to regulations were overly broad or include the following information: (1) ambiguous and would increase the In this document we are proposing to The name, address, and U.S. Veterinary regulatory burden on the industry and add to the regulations a new § 116.9 for License or Permit number of the possibly compromise confidential adverse event records, reports, and producer or permittee; (2) copies of any business information. Four commenters summary reports. New § 116.9 would individual adverse event report were opposed to the rule, stating that it require licensees and permittees to record(s); and (3) the number of doses, was unnecessary and that APHIS had record reports of all adverse events that or the average number of doses, of the underestimated the regulatory burden they receive concerning the use of product in distribution channels, if that would be imposed on the industry. biological products they produce or available. For products licensed for 1 The remaining three commenters distribute and to submit a summary of year or more, firms would be allowed 1 neither supported nor opposed the rule, such reports to APHIS on an annual (for year after the effective date of the final but instead either asked for clarification products licensed for more than 1 year) rule to come into compliance with the of certain aspects of the proposed rule or semiannual (for products licensed proposed amendment and submit their or suggested alternative wording that less than 1 year) basis. For each event, first summary report, with subsequent they believed would provide greater licensees and permittees would be summary reports being submitted at 12- clarity. required to record the following month intervals thereafter. For the information: (1) The date of the report; reasons explained above, the first In response to these comments, we (2) the identification of the person summary report for newly licensed believe it is necessary to clarify those initiating the report; (3) the product products would have to be submitted 6 provisions that could be subject to code number as it appears on the months after the effective date of the multiple interpretations and to provide product license or permit and the final rule and a second report submitted more specifics concerning the product trade name; (4) the product 6 months later, after which summary information that should be included in serial number(s), if available; (5) a reports would have to be submitted at adverse event reports associated with description of the adverse event; (6) a 12-month intervals. We would require the use of veterinary biologics that are description of the animal(s) involved in all summary reports to be received by submitted to the Agency. Therefore, we the event, including the number dead, APHIS within 60 days after the are withdrawing the January 15, 2002, number affected, number exposed to the reporting date (semiannual or annual, as proposed rule referenced above and are product, species, breed, age, sex, and the case may be) that would be replacing it with the proposed changes physiological status; (7) the opinion of established by the licensee or permittee described in this document. The the person reporting the event as to and approved by APHIS. proposed recordkeeping and reporting whether the event is product-related We would require the submission of requirements regarding adverse events (i.e., probable, possible, unknown, summary reports at 12-month intervals that would apply to each licensee, unlikely, no assessment); (8) route and (6-month intervals for new products) permittee, and foreign establishment site of vaccination for products because we believe that frequent that prepares and distributes biological administered parenterally; (9) identity reporting of adverse events concerning products are described below. of the person administering the product veterinary biologicals would ensure that

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we have adequate data to support a they produce or distribute. The be required to be recorded under the decision, if necessary, to take regulatory proposed regulations would specify the proposal. For most manufacturers that action against products that are information to be included in adverse receive adverse reports, therefore, the associated with an unusual number of event records and would require the proposed requirement for the adverse event reports. submission, at 12-month intervals (6- submission of annual summary reports In order to provide an objective month intervals for new products), of to APHIS should involve no more than measure of when it may be necessary to summary reports that would include, packaging and assembling information take action against a veterinary biologic among other things, compilations of that has already been captured, a task to limit harm in animals, and as a individual adverse event records and that should have only minimal component of the adverse event information concerning the number of economic consequences. The current reporting system, we would use the doses, or the average number of doses, regulations do not require veterinary number of doses of product distributed of the product in distribution channels, biologics licensees or permittees to or the average number of doses of the if available. These proposed report to APHIS on the number of doses product in distribution channels, if requirements would assist us in of each licensed or permitted product available, instead of the number of providing complete and accurate that has been distributed, but that doses of product administered to information concerning adverse information, too, is currently being animals to calculate the incidence of reactions or other problems associated captured by most manufacturers. with the use of licensed veterinary adverse events associated with a Effect on Small Entities particular product. Typically, the biologics. number of doses of product For this rule, we have prepared an The proposed rule would affect all of administered to animals would be used economic analysis. The economic the approximately 125 U.S. veterinary to calculate incidence. However, analysis provides a cost-benefit analysis biologics manufacturers, including because we must take timely action and as required by Executive Order 12866, permittees. This is because, at the may not know precisely how many as well as an analysis of the potential present time, none of the licensees and animals have been treated with a economic effects of this proposed rule permittees is in full compliance with product, we would use the number of on small entities, as required under the the proposed requirements on a distributed doses of a product as Regulatory Flexibility Act. The voluntary basis; they would all have to representative of the number of doses economic analysis is set forth below. take at least some additional action, that were administered to animals. We do not expect that the proposed even if that additional action simply recordkeeping requirements would have involved establishing a formal system Completion of Records a significant economic impact on most for recording adverse event reports that The regulations in §§ 116.1(a)(3) and veterinary biologics manufacturers. This they receive. 116.8 provide that all records (other is because most manufacturers already We do not have definitive information than disposition records) required under maintain recordkeeping systems for on the size of all potentially affected part 116 shall be completed by the adverse event reports that capture most, entities. However, it is reasonable to licensee, permittee, or foreign if not all, of the information that would assume that most are small in size, manufacturer before any portion of a be required to be recorded under the under the U.S. Small Business serial of any product may be marketed proposal. The information that would be Administration’s (SBA) standards. This in the United States or exported. We are required is basic in nature; it is the type assumption is based on composite data proposing to amend those provisions to of information that most manufacturers for providers of the same and similar also allow adverse event records to be record anyway, in order to improve services in the United States. In 2002, excluded from the list of records that their product or reduce their potential there were 296 U.S. establishments in must be completed before a product legal liability. Furthermore, the North American Industry Classification may be marketed or exported. Like proposed regulations would not restrict System (NAICS) subsector 325414, a disposition records, adverse event manufacturers from using their classification comprised of records could not be expected to have discretion to choose the most establishments primarily engaged in been completed prior to the marketing appropriate recordkeeping system for manufacturing vaccines, toxoids, blood or exportation of a product. maintaining records of these reports; the fractions, and culture media of plant or proposal, therefore, should not result in animal origin (except diagnostic). Of the Miscellaneous veterinary biologics manufacturers 296 establishments, 285 (or 96 percent) We would also make several minor, having to alter their current had fewer than 500 employees, the nonsubstantive editorial changes to the recordkeeping systems or create new SBA’s small entity threshold for regulations to improve their clarity. recordkeeping systems. It should also be establishments in that NAICS category. noted that the vast majority of licensed Similarly, in 2002, there were 236 U.S. Executive Order 12866 and Regulatory products are not likely to be associated establishments in NAICS 325413, a Flexibility Act with adverse events. It is estimated, for classification comprised of This rule has been reviewed under example, that reports of adverse events establishments primarily engaged in Executive Order 12866. The rule has are received for no more than 10 percent manufacturing in-vitro diagnostic been determined to be significant for of the approximately 2,000 currently substances, including biological purposes of Executive Order 12866, and, licensed products. substances. Of the 236 establishments, therefore, has been reviewed by the The proposed requirement for the 223 (or 95 percent) had fewer than 500 Office of Management and Budget. submission of summary reports to employees, the SBA’s small entity We are proposing to amend the Virus- APHIS should not have a significant threshold for establishments in NAICS Serum-Toxin Act regulations for records economic impact on most veterinary 325413. and reports to require veterinary biologics manufacturers. As indicated biologics licensees and permittees to above, most manufacturers already Alternatives record and submit reports to APHIS maintain recordkeeping systems for Alternatives to the proposed rule concerning adverse events associated adverse event reports that capture most, would be to either leave the regulations with the use of veterinary biologics that if not all, of the information that would unchanged, or to require a different set

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of criteria than is proposed. Leaving the Executive Order 12372, which requires the product license and at 12-month regulations unchanged would be intergovernmental consultation with intervals thereafter. These information unsatisfactory, because it would State and local officials. (See 7 CFR part collection and recordkeeping perpetuate the current situation, i.e., 3015, subpart V.) requirements would allow us to monitor one that may not allow APHIS to take and provide the appropriate level of Executive Order 12988 expeditious action to limit the harm to regulatory oversight. animals caused by harmful or dangerous This proposed rule has been reviewed We are soliciting comments from the veterinary biologics. The current under Executive Order 12988, Civil public (as well as affected agencies) regulations have resulted in licensees Justice Reform. It is not intended to concerning our proposed information and permittees using non-standardized have retroactive effect. This rule would collection and recordkeeping methods to record and submit reports not preempt any State or local laws, requirements. These comments will regarding adverse events to APHIS. In regulations, or policies unless they help us: addition, adverse event reports that may present an irreconcilable conflict with (1) Evaluate whether the proposed signal problems concerning the use of this rule. The Virus-Serum-Toxin Act information collection is necessary for veterinary biological products are not all does not provide administrative the proper performance of our agency’s being submitted to APHIS in a timely procedures which must be exhausted functions, including whether the manner. Without complete information prior to a judicial challenge to the information will have practical utility; and timely reports, APHIS may not be provisions of this rule. (2) Evaluate the accuracy of our able to take prompt action to limit the Paperwork Reduction Act estimate of the burden of the proposed harm to animals posed by unsatisfactory information collection, including the veterinary biologics. In accordance with section 3507(d) of validity of the methodology and APHIS considers the proposed set of the Paperwork Reduction Act of 1995 assumptions used; criteria to be the minimum necessary to (44 U.S.C. 3501 et seq.), the information (3) Enhance the quality, utility, and accomplish the rule’s objectives. The collection or recordkeeping clarity of the information to be submission of reports to APHIS at requirements included in this proposed collected; and longer than 12-month intervals was rule have been submitted for approval to (4) Minimize the burden of the considered but rejected; we believe that the Office of Management and Budget information collection on those who are longer reporting intervals would not (OMB). The information collection and to respond (such as through the use of ensure that we have adequate data to recordkeeping requirements described appropriate automated, electronic, support a decision to take regulatory in the January 2002 proposed rule mechanical or other technological action against products that are withdrawn by this document were collection techniques or other forms of associated with an unusual number of approved by OMB under control information technology, e.g., permitting adverse event reports. number 0579–0209, and we will request electronic submission of responses). that OMB approve the information Estimate of burden: The public Costs and Benefits collection or recordkeeping reporting burden for this collection of The proposed rule has the potential to requirements included in this proposed information is estimated to average 0.5 benefit animals and their owners, to the rule under that same number. Please hour per response. extent that it allows APHIS to act send written comments to the Office of Respondents: Veterinary biologics quickly to limit the harm to animals Information and Regulatory Affairs, licensees and permittees. posed by unsatisfactory veterinary OMB, Attention: Desk Officer for Estimated annual number of biologics. For animal owners, the APHIS, Washington, DC 20503. Please respondents: 125. monetary benefits are difficult to state that your comments refer to Docket Estimated annual number of estimate, because they would depend on No. 00–071–2. Please send a copy of responses per respondent: 4. several factors that are currently your comments to: (1) Docket No. 00– Estimated annual number of unknown—the significance, or gravity, 071–2, Regulatory Analysis and responses: 1,000. of the harm that would be avoided with Development, PPD, APHIS, Suite 3C03, Estimated total annual burden on the rule in effect, and the number, and 4700 River Road Unit 118, Riverdale, respondents: 500 hours. (Due to value, of animals that would avoid harm MD 20737–1238, and (2) Clearance averaging, the total annual burden hours with the rule in effect. For some animal Officer, OCIO, USDA, room 404–W, may not equal the product of the annual owners, especially those with large 14th Street and Independence Avenue number of responses multiplied by the numbers of high-value animals, the SW., Washington, DC 20250. A reporting burden per response.) potential monetary benefits of avoided comment to OMB is best assured of Copies of this information collection harm could be large. For the reasons having its full effect if OMB receives it can be obtained from Mrs. Celeste discussed above, manufacturer costs to within 30 days of publication of this Sickles, APHIS’ Information Collection comply with the rule should be minimal proposed rule. Coordinator, at (301) 734–7477. in most cases. Thus, we expect that the This proposed rule would require manufacturers of veterinary biological Government Paperwork Elimination Act benefits of this proposed action would Compliance outweigh its costs. products to maintain records of adverse Under these circumstances, the event reports that they receive The Animal and Plant Health Administrator of the Animal and Plant concerning the use of veterinary Inspection Service is committed to Health Inspection Service has biological products that they produce or compliance with the Government determined that this action would not distribute for 2 years. In addition, Paperwork Elimination Act (GPEA), have a significant economic impact on licensees and permittees would have to which requires Government agencies in a substantial number of small entities. submit summary reports of adverse general to provide the public the option events to APHIS every 12 months for of submitting information or transacting Executive Order 12372 products licensed for 1 year or more; for business electronically to the maximum This program/activity is listed in the newly licensed products, a summary extent possible. For information category of Federal Domestic Assistance report would have to be submitted at 6- pertinent to GPEA compliance related to under No. 10.025 and is subject to month intervals during the first year of this proposed rule, please contact Mrs.

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Celeste Sickles, APHIS’ Information any portion of a serial of any product than 1 year, the summary reports must Collection Coordinator, at (301) 734– may be marketed in the United States or be submitted at 6-month intervals. All 7477. exported. summary reports must be received within 60 days after the end of the List of Subjects * * * * * 5. Section 116.8 would be revised to reporting date that will be determined 9 CFR Part 101 read as follows: by the licensee or permittee and Animal biologics. approved by the Animal and Plant § 116.8 Completion and retention of Health Inspection Service. Each 9 CFR Part 116 records. summary report must include: All records (other than disposition Animal biologics, Reporting and (1) The name, address, and U.S. records and adverse event records) recordkeeping requirements. Veterinary License or Permit number of required by this part must be completed the producer, permittee, or foreign Accordingly, we propose to amend 9 by the licensee, permittee, or foreign manufacturer; CFR parts 101 and 116 as follows: manufacturer before any portion of a (2) Copies of any individual adverse PART 101—DEFINITIONS serial of any product may be marketed event reports for the product maintained in the United States or exported. All as prescribed in paragraph (a) of this 1. The authority citation for part 101 records must be retained at the licensed section; and would continue to read as follows: or foreign establishment or permittee’s (3) The number of doses, or the Authority: 21 U.S.C. 151–159; 7 CFR 2.22, place of business for a period of 2 years average number of doses, of the product 2.80, and 371.4. after the expiration date of a product or in distribution channels, if available. longer as may be required by the 2. In § 101.2, definitions of adverse Done in Washington, DC, this 11th day of Administrator. (Approved by the Office August 2005. event and adverse event report would be of Management and Budget under Bill Hawks, added in alphabetical order to read as control number 0579–0013) follows: 6. A new § 116.9 would be added to Under Secretary for Marketing and Regulatory Programs. read as follows: § 101.2 Administrative terminology. [FR Doc. 05–16266 Filed 8–16–05; 8:45 am] * * * * * § 116.9 Adverse event report records and BILLING CODE 3410–34–P Adverse event. Any observation in summary reports. animals, whether or not the cause of the (a) A detailed record must be event is known, that is unfavorable and maintained for every adverse event NUCLEAR REGULATORY unintended and that occurs after any report the licensee or permittee receives COMMISSION use (off label or on label) of a biological for any biological product it produces or product. Included are events related to distributes. Each record must include: 10 CFR Part 51 a suspected lack of expected efficacy. (1) The date of the report; [Docket No. PRM–51–8] For products intended to diagnose (2) The identification of the person disease, adverse events refer to anything initiating the report; State of Nevada; Denial of a Petition that hinders discovery of the correct (3) The product code number as it for Rulemaking diagnosis. appears on the product license or Adverse event report. Any permit, and product trade name; AGENCY: Nuclear Regulatory communication concerning the (4) The serial number(s) of the Commission. occurrence of an adverse event from an product, if available; ACTION: Petition for rulemaking: denial. identifiable first-hand reporter which (5) A description of the adverse event; includes at least the following (6) A description of the animal(s) SUMMARY: The U.S. Nuclear Regulatory information: involved, including the number dead, Commission (NRC or Commission) is (1) An identifiable reporter; number affected, number exposed to the denying a petition for rulemaking (2) An identifiable animal; product, species, breed, age, sex, and submitted by the State of Nevada (PRM– (3) An identifiable biological product; physiological status; 51–8). The petitioner requests that NRC and (7) The opinion (probable, possible, amend a decision reached in a 1990 (4) One or more adverse events. unknown, unlikely, no assessment) of rulemaking, referred to as the ‘‘Waste * * * * * the person initiating the report as to Confidence’’ decision, that at least one whether the event is product-related; mined geologic repository will be PART 116—RECORDS AND REPORTS (8) The route and site of vaccination available within the first quarter of the for products administered parenterally; twenty-first century as well as a 3. The authority citation for part 116 (9) The identity of the person regulation making a generic would continue to read as follows: administering the product (veterinarian, determination of no significant Authority: 21 U.S.C. 151–159; 7 CFR 2.22, animal owner, other, unknown); environmental impact from the 2.80, and 371.4. (10) The date of the event; and temporary storage of spent fuel after 4. In § 116.1, paragraph (a)(3) would (11) The outcome of the event cessation of reactor operation which be revised to read as follows: (recovered, death, euthanized, alive incorporates this decision. Petitioner with side effects, ongoing event). believes that the decision and rule must § 116.1 Applicability and general (b) A summary report of all adverse be amended to avoid ‘‘prejudging’’ the considerations. event reports received by a licensee or outcome of the anticipated licensing (a) * * * permittee must be compiled and proceeding on a potential application (3) Records (other than disposition submitted to the Animal and Plant from the Department of Energy for a records and adverse event records) Health Inspection Service. For products construction authorization for a geologic required by this part must be completed licensed for 1 year or more, such repository at the Yucca Mountain, by the licensee, permittee, or foreign summary reports must cover intervals of Nevada site. The NRC is denying the manufacturer, as the case may be, before 12 months; for products licensed for less petition because the petition

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fundamentally misconstrues the Mountain, Nevada site (Yucca impacts for at least 30 years beyond the decision NRC reached in 1990 and Mountain). expiration of that reactor’s operating because the information provided in the The Commission sees no need to licenses at that reactor’s spent fuel petition does not meet the criteria NRC revisit its Waste Confidence decision at storage basin, or at either onsite or set in 1999 for reopening the Waste this time. We have carefully considered offsite independent spent fuel storage Confidence findings. Further, the the State’s assertions that changed installations (ISFSIs); and Commission’s commitment to a fair and circumstances warrant reopening of its (5) that there is reasonable assurance comprehensive adjudication on a Waste Confidence findings but, for the that safe independent onsite or offsite potential license application for Yucca reasons described in this decision, we spent fuel storage will be made available Mountain is not jeopardized by the 2025 remain unconvinced that there is any if such storage capacity is needed. date for repository availability. Under present need to resurrect Waste 49 FR 34659–34960. The Commission these circumstances, the Commission Confidence issues.3 incorporated the second and fourth findings into a new regulation at 10 CFR finds no reason to undertake the burden Background of reopening the Waste Confidence 51.23 which, among other things, decision. To provide context for the petition, established a generic determination of some background information on the no significant environmental impact ADDRESSES: Copies of the petition for Commission’s Waste Confidence from the temporary storage of spent fuel rulemaking and the NRC’s letter to the proceedings is useful. In 1984, the after the cessation of reactor operation petitioner are available for public Commission concluded a generic and which also found reasonable inspection or copying in the NRC Public rulemaking proceeding, which has assurance that one or more mined Document Room, 11555 Rockville Pike, become known as the ‘‘Waste geologic repositories for commercial Room 01–F21, Rockville, Maryland. Confidence Rulemaking,’’ designed to HLW and SNF would be available by FOR FURTHER INFORMATION CONTACT: assess its degree of confidence that the years 2007–2009.5 The Commission Keith I. McConnell, Office of the radioactive wastes produced by nuclear also committed to reviewing its Waste General Counsel, U.S. Nuclear facilities could be safely disposed of, to Confidence findings should significant Regulatory Commission, Washington, determine when any such disposal and pertinent unexpected events occur DC 20555–0001, telephone (301) 415– would be available, and whether such or at 5-year intervals until a repository 1743, e-mail: [email protected]; or E. Neil wastes could be safely stored until safe was available. 49 FR 34660. Jensen, Office of the General Counsel, disposal was available.4 The 1984 In 1989–1990, the Commission U.S. Nuclear Regulatory Commission, rulemaking proceeding enabled the conducted a second Waste Confidence Washington, DC 20555–00001, Commission to make the following five proceeding to review its 1984 findings. telephone (301) 415–1537, e-mail: findings: As a result, the Commission decided to [email protected]. (1) that there is reasonable assurance modify findings two and four as follows: SUPPLEMENTARY INFORMATION: that safe disposal of high-level (2) the Commission finds reasonable radioactive waste (HLW) and spent assurance that at least one mined Introduction nuclear fuel (SNF) in a mined geologic geologic repository will be available On March 1, 2005, the State of Nevada repository is technically feasible; within the first quarter of the twenty- (Petitioner or the State) submitted a (2) that there is reasonable assurance first century, and that sufficient ‘‘State of Nevada Petition for that one or more mined geologic repository capacity will be available Rulemaking to Amend the repositories for commercial HLW and within 30 years beyond the licensed life Commission’s Waste Confidence SNF will be available by the years 2007– for operation (which may include the Decision and Rule to Avoid Prejudging 2009, and that sufficient repository term of a revised or renewed license) of Yucca Mountain’’ (Petition) which was capacity will be available within 30 any reactor to dispose of the commercial docketed as a petition for rulemaking years beyond expiration of any reactor HLW and SNF originating in such under 10 CFR 2.802 of the operating license to dispose of existing reactor and generated up to that time; Commission’s regulations (PRM–51–8). commercial HLW and SNF originating (4) the Commission finds reasonable Petitioner asserts that the NRC must in such reactor and generated up to that assurance that, if necessary, spent fuel amend a decision reached in a 1990 time; generated in any reactor can be stored rulemaking, termed the ‘‘Waste (3) that there is reasonable assurance safely and without significant Confidence’’ decision,1 that ‘‘at least that HLW and SNF will be managed in environmental impacts for at least 30 one mined geologic repository will be a safe manner until sufficient repository years beyond the licensed life for available within the first quarter of the capacity is available to assure the safe operation (which may include the term twenty-first century’’ as well as a disposal of all HLW and SNF; of a revised or renewed license) of that (4) that there is reasonable assurance regulation, 10 CFR 51.23(a), which reactor at its spent fuel storage basin, or that, if necessary, spent fuel generated incorporates this decision.2 Petitioner at either onsite or offsite ISFSIs. in any reactor can be stored safely and believes that the decision and rule must 55 FR 38474 (emphasis added). Thus, without significant environmental be amended to avoid ‘‘prejudging’’ the the Commission, in 1990, decided to outcome of the anticipated licensing extend the time-frame of its assurance of 3 The NRC did not seek public comment on the the availability of a repository from the proceeding on a potential application instant petition. In this case, the NRC viewed from the Department of Energy (DOE) Nevada’s petition as involving a straightforward 2007–2009 period to 2025, and also for a construction authorization for a application of the Commission’s threshold criterion expanded on the minimal amount of geologic repository at the Yucca (‘‘significant and pertinent unexpected events time for which it had confidence that occur, raising substantial doubt about the SNF could be safely stored. Further, continuing validity of the 1990 Waste Confidence 1 See ‘‘Waste Confidence Decision Review,’’ 55 finding’’ 64 FR 68005; December 6, 1990) for ‘‘believ[ing] that predictions of FR 38474; September 18, 1990. considering a comprehensive reopening of the 1990 2 See ‘‘Consideration of Environmental Impacts of Waste Confidence decision, and did not see a need 5 See ‘‘Requirements for Licensee Actions Temporary Storage of Spent Fuel After Cessation of for public comment on such application. Regarding the Disposition of Spent Fuel Upon Reactor Operation,’’ 55 FR 38472; September 18, 4 See ‘‘Waste Confidence Decision,’’ 49 FR 34658; Expiration of Reactor Operating Licenses,’’ 49 FR 1990. August 31, 1984. 34688, 34694; August 31, 1984.

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repository availability are best (1) The acceptability of the Yucca cause significant safety or expressed in terms of decades rather Mountain site should not be presumed, environmental impacts. than years,’’ the Commission decided to for to do so would prejudge the outcome Petition at 14. change its review period to 10 years or of the NRC’s licensing review and Reasons for Denial ‘‘whenever significant and pertinent proceeding; unexpected changes occur [, e.g.,] such (2) Notwithstanding the twenty-five In 1999, the Commission stated that it events as a major shift in national year lead time required, a second would consider undertaking a policy, a major unexpected institutional repository site will be available if comprehensive reevaluation of the development, and/or new technical necessary by the year 2025 because a Waste Confidence findings if either of information * * *.’’ 55 FR 38475. final decision on the acceptability of the two criteria were met: (1) ‘‘When the In 1999, as the 10 year review period Yucca Mountain site will surely be impending repository development and approached, the Commission made by the year 2000, leaving regulatory activities run their course;’’ considered the need for a further Waste sufficient time (twenty five years) to or (2) ‘‘if significant and pertinent Confidence review in the context of develop another repository if Yucca unexpected events occur, raising events that had occurred since 1990. 64 Mountain fails; and (3) spent fuel can be substantial doubt about the continuing FR 68005; December 6, 1999. These stored safely and in an environmentally validity of the Waste Confidence considerations ‘‘confirm[ed] and sound manner until either Yucca findings.’’ 64 FR 68007. Petitioner states that it is not asking NRC to reopen its strengthen[ed] the Commission’s 1990 Mountain or a second repository general finding that one or more safe findings and le[d] the Commission to becomes available beginning in the year geologic repositories can be made conclude that no significant and 2025. available on a timely basis. Petition at unexpected events ha[d] occurred—no Petition at 7. Petitioner says that the 7. Nevertheless, because the findings are major shifts in national policy, no major second ‘‘critical determination’’ has interrelated, reopening the Waste unexpected institutional developments, proved to be incorrect, thus requiring no unexpected technical information— Confidence inquiry, even if somehow the Commission to revise its second limited in this manner, could be that would cast doubt on the Waste Confidence finding. Commission’s Waste Confidence expected to become a large endeavor In its 1990 Waste Confidence covering most of the questions findings or warrant a detailed decision, the Commission concluded reevaluation * * *.’’ 64 FR 68007. For considered in the 1990 findings; e.g., that SNF can be safely stored without that reason, the Commission determined multiple questions concerning the significant environmental impact for at not to conduct another Waste timeliness of repository availability and least 100 years, if necessary. 55 FR Confidence review at that time but did conditions for the extended safe storage 38513 (1990). Petitioner cites recent state that ‘‘the Commission would of SNF. In 1999, the Commission was documents and events which have consider undertaking a comprehensive reluctant to expend agency resources on corroborated and even extended this reevaluation of the Waste Confidence such a far-reaching endeavor absent conclusion such as DOE’s Final findings when the impending repository developments which might cast doubt Environmental Impact Statement for development and regulatory activities on the Commission’s findings. Barring Yucca Mountain and the increased run their course or if significant and developments or information meeting pertinent unexpected events occur, licensing of independent spent fuel the 1999 criteria, the Commission raising substantial doubt about the storage installations. Petition at 11–13. remains unwilling to initiate a continuing validity of the Waste Petitioner concludes that these reevaluation, even a severely limited Confidence findings.’’ Id. developments support extending the one assuming that would be possible, second part of the second Waste because that would not be a prudent use The Petition Confidence finding (that sufficient of the agency’s limited resources. As The State’s petition focuses on the repository capacity will be available noted below, the Commission does not second Waste Confidence finding and, within 30 years beyond the licensed life believe that petitioner has demonstrated in particular, on that aspect of the for operation (which may include the that significant and pertinent finding that there is reasonable term of a revised or renewed license) of unexpected events have occurred, assurance that a repository will be any reactor to dispose of the commercial meeting the Commission’s reopening available by 2025. The petitioner HLW and SNF originating in such criteria. believes that this finding must be reactor and generated up to that time) to Petitioner seeks to meet the second revised because it is now evident that a a longer or even indefinite period. prong of these criteria by arguing that repository can only be available by this Petition at 13. Thus, petitioner proposes two pieces of information constitute the date if NRC grants DOE’s anticipated that the regulation which encapsulates ‘‘significant and pertinent unexpected application for a license at the Yucca the second Waste Confidence finding, events’’ which should trigger the Waste Mountain site at the completion of the 10 CFR 51.23(a), be amended to provide: Confidence review process. First, adjudicatory proceeding because it The Commission has made a generic petitioner asserts that NRC’s would be too late, if NRC were to deny determination that there is reasonable determination that a repository would the license application, for DOE to have assurance all licensed reactor spent fuel be available by 2025 was based on the a repository available at a different site will be removed from storage sites to ‘‘express finding’’ that the by this date. Petition at 2–3. This some acceptable disposal site well ‘‘acceptability’’ of Yucca Mountain as a situation, in petitioner’s view, before storage causes any significant geologic repository would be decided by impermissibly amounts to prejudging safety or environmental impacts. the year 2000, but that ‘‘we now know the result of the Yucca Mountain This generic finding does not apply to that the acceptability of Yucca licensing proceeding. Id. a reactor or storage site if the Mountain will not be decided before In support of its position, petitioner Commission has found, in the 10 CFR 2010 at the earliest (completion of the reviews the 1990 Waste Confidence part 50, part 52, part 54 or part 72 construction authorization stage).’’ decision and concludes that it relies on specific licensing proceeding, that Petition at 7–8. Second, petitioner three ‘‘critical determinations’’ which storage of spent fuel during the term asserts that the availability of a petitioner describes as follows: requested in the license application will repository by 2025 assumed a 25-year

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period would be needed between a recommend approval of the license that the 2007–2009 timetable would be possible finding of unacceptability of application; the second will be when met. Instead, the Commission decided the Yucca Mountain site in 2000 and the the Commission, acting in its to take DOE’s estimate of the time it availability of a repository at a different adjudicatory capacity, determines would take to make another repository site, but we ‘‘now know that if Yucca whether to issue a construction available if Yucca Mountain were to be Mountain fails on or about the year authorization for the repository, see 10 found unsuitable (25 years) and then, 2010, fifteen years * * * will not nearly CFR 63.31; and the third will be when for the sake of conservatism, make the be sufficient time to accomplish all of the Commission determines whether to assumption that Yucca Mountain would the steps needed to make another issue a license for the receipt and not be found suitable. The Commission repository actually available.’’ Petition possession of high-level waste, see 10 thought it ‘‘reasonable to expect that at 8–10. CFR 63.41. But, to be clear, these DOE would be able to reach this First, we consider petitioner’s considerations as to a site’s conclusion by the year 2000 [which] assertion that the Commission’s 1990 ‘‘acceptability’’ were not the basis for would leave 25 years for the attainment determination that a repository would deciding on the 2025 date. of repository operations at another site.’’ be available by 2025 was based on an It is important to examine what NRC 55 FR 38495. Thus, the ‘‘express ‘‘express finding’’ that the acceptability actually said in the 1990 Waste finding’’ that the Commission made in of Yucca Mountain as a geologic Confidence decision with respect to its 1990 was that the suitability (not the repository would be decided by the year revision of the second finding because acceptability) of Yucca Mountain would 2000. The Commission made no such petitioner confuses the concepts of be decided by the year 2000, leaving 25 finding, express or otherwise. What the ‘‘suitability’’ and ‘‘acceptability’’ and years for the availability of a different Commission did state in the 1990 fundamentally misperceives the second repository if DOE found Yucca decision was that ‘‘NRC continues to finding. The Nuclear Waste Policy Mountain to be unsuitable. believe that if DOE determines that the Amendments Act of 1987 (NWPAA) had That DOE in fact found the Yucca Yucca Mountain site is unsuitable, it limited DOE’s site characterization Mountain site to be suitable—in early will make this determination by about activities to the Yucca Mountain site. In 2002—buttresses the 1990 finding of the year 2000.’’ 55 FR 38477 (emphasis the Commission’s view, ‘‘the possible reasonable assurance that a repository added). There is a significant difference, schedular benefits to single-site will be available in 2025, within the in the Waste Confidence decision, characterization * * * must be weighed meaning of our 1990 Waste Confidence between the concept of the ‘‘suitability’’ for the purposes of this Finding against decision. That decision rested on a DOE of Yucca Mountain and the concept of the potential for additional delays in suitability determination by ‘‘about’’ the ‘‘acceptability’’ of Yucca Mountain. repository availability if the Yucca 2000. See 55 FR 38477. DOE made such ‘‘Suitability’’ refers to the decision the Mountain site is found to be unsuitable a determination in early 2002, and thus Secretary of Energy must make, on the [because b]y focusing DOE site substantially met our expectation. basis of site characterization activities characterization activities on Yucca Given what the Commission actually and other factors, that a particular site Mountain, the NWPAA ha[d] essentially said in its 1990 Waste Confidence is suitable for submission of an made it necessary for that site to be finding, it is easy to see that the application for a construction found suitable if the 2007–2009 significant new information regarding authorization for a repository. See timeframe for repository availability in the timing of a repository proferred by section 113 of the Nuclear Waste Policy the Commission’s 1984 decision is to be petitioner; i.e., that the acceptability Act of 1982, as amended (NWPA), 42 met’’ (emphasis added). 55 FR 38494. (defined in the petition as completion of U.S.C. 10133. Upon finding a particular This was because DOE had estimated the construction authorization stage) of site to be suitable, the Secretary is conservatively that ‘‘it would require Yucca Mountain will not be decided required to make a recommendation to approximately 25 years to begin site before 2010 at the earliest and that if the President that the President approve screening for a second repository, Yucca Mountain is found to be the recommended site for the perform site characterization, submit an unacceptable around the year 2010, 15 development of a repository. See section EIS and license applications, and await years will not be sufficient time for DOE 114 of NWPA, 42 U.S.C. 10134.6 authorizations before the repository to make another repository available, ‘‘Acceptability’’ refers to the decisions could be ready to receive waste.’’ Id. petition at 8, is not the type of NRC must make concerning the Obviously, any DOE finding of information that would meet the licenseability of the site. There are three unsuitability made after 1990 would not Commission’s criteria for reopening. NRC decision points on a determination allow an alternative repository site to be The Commission did not speculate in of the acceptability (or license-ability) of available in the 2007–2009 timeframe if 1990 as to a date by which it might Yucca Mountain: the first will be the 25 years were to be required for this make a decision on construction decision of the NRC staff in the purpose. Moreover, in addition to authorization; its finding was based licensing proceeding on whether to reliance on a single site, other factors solely on its estimate of when DOE raised doubts that a repository would be might make a suitability determination. 6 On February 14, 2002, the Secretary of Energy available in that time period: the The petition assumes that the NRC, in recommended the Yucca Mountain site for the probability that site characterization 1990, abandoned its expectation that a development of a repository to the President, thereby setting in motion the approval process set activities would not proceed entirely repository would become available in forth in sections 114 and 115 of the NWPA. See 42 without problems; the history of DOE’s the 2007–2009 time frame and selected U.S.C. 10134(a)(1); 10134(a)(2); 10135(b), schedular slippages; and DOE’s own a new date, 2025, out of a concern that 10136(b)(2). On February 15, 2002, the President then-current schedule calling for the continued use of the 2007–2009 recommended the site to Congress. On April 8, 2002, the State of Nevada submitted a notice of submittal of a license application in period for repository availability would disapproval of the site recommendation to which 2001 and for repository availability in ‘‘prejudge’’ its construction Congress responded, on July 9, 2002, by passing a 2010. Id. authorization decision. Petition at 10. joint resolution approving the development of a In light of these considerations, it no This, too, is an error. repository at Yucca Mountain which the President signed on July 23, 2002. See Pub. L. No. 107–200, longer seemed prudent to the ‘‘Availability,’’ as used in the 1990 116 Stat. 735 (2002) (codified at 42 U.S.C. 10135 Commission in 1990 to reaffirm NRC’s decision, begins with a DOE projection note (Supp. IV 2004). 1984 finding of reasonable assurance of when a repository is targeted for

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availability based on DOE’s estimates of process should provide a ‘‘* * * strong Conclusion the timing of the suitability basis for evaluating the likelihood of Petitioner misapprehends the determination. 55 FR 38494. These DOE meeting the 2025 estimate of repository Commission’s 1990 Waste Confidence projections were used by the availability.’’ 55 FR 38495. Second, the findings and has not shown any Commission as a starting point for Commission allowed for reconsideration significant and pertinent unexpected determining ‘‘availability.’’ But, because of its findings pending significant and event that raises substantial doubt about of DOE’s need to focus exclusively on unexpected events. Certainly, the denial the continuing validity of the 1990 Yucca Mountain, the probability that of a license for the Yucca Mountain site Waste Confidence findings. site characterization activities would would meet these criteria and the Accordingly, for the reasons stated not proceed entirely without problems, Commission would need to reevaluate above, the NRC denies the petition for and the chronic delays in the program, its findings at that time. rulemaking to amend the Commission’s the Commission was unwilling to accept The State would recast the approach Waste Confidence decision in its DOE’s then current projection of entirety. repository availability in 2010. Instead, the Commission took to defining the Commission chose to take a ‘‘availability’’ by presuming that ‘‘some Dated at Rockville, Maryland, this 10th day ‘‘conservative’’ approach to the timing acceptable disposal site’’ would be of August, 2005. of ‘‘availability’’ by setting a available at some undefined time in the For the Nuclear Regulatory Commission. conservative upper bound of 2025. See future. We find this approach Andrew L. Bates, 55 FR 38494, 38595 and 38500. This inconsistent with that taken in the 1984 Acting Secretary of the Commission. Waste Confidence Decision because it would allow for DOE’s estimate of a 25- [FR Doc. 05–16253 Filed 8–16–05; 8:45 am] provides neither the basis for assessing year time period needed for the BILLING CODE 7590–01–P availability of a repository at an the degree of assurance that radioactive alternative site if DOE found the Yucca waste can be disposed of safely nor the Mountain site to be unsuitable and had basis for determining when such to start over from scratch. disposal will be available. DEPARTMENT OF TRANSPORTATION If in 1990 the Commission had been In sum, petitioner has not submitted Federal Aviation Administration thinking in terms of 25 years being any information establishing that needed for an alternate repository site significant and pertinent unexpected 14 CFR Part 39 following an adverse Commission events have occurred which raise finding of acceptability, obviously it substantial doubt about the continuing [Docket No. FAA–2005–21787; Directorate could not have chosen 2025 as the date validity of the second Waste Confidence Identifier 2005–CE–34–AD] for which it had reasonable confidence finding and, in particular, that RIN 2120–AA64 that a repository would be available. reasonable assurance exists that at least DOE’s submission of a license one mined geologic repository will be Airworthiness Directives; Shadin ADC– application was at that time scheduled available by 2025. Even if DOE’s 2000 Air Data Computers to be in 2001, meaning that any estimate as to when it will tender a Commission rejection of the license license application should slip further, AGENCY: Federal Aviation could not have been the basis for the 2025 date would still allow for Administration (FAA), DOT. computing the 25 years needed for unforeseen delays in characterization ACTION: Notice of proposed rulemaking evaluation of an alternative site. In fact, and licensing. It also must be recognized (NPRM). the use of a Commission acceptability that the Commission remains committed finding as the basis for repository SUMMARY: to a fair and comprehensive The FAA proposes to adopt a availability is impossible to implement adjudication and, as a result, there is the new airworthiness directive (AD) for because it would require the potential for the Commission to deny a certain Shadin ADC–2000 air data Commission to prejudge the license for the Yucca Mountain site computers (ADC) installed on airplanes. acceptability of any alternative to Yucca This proposed AD would require you to based on the record established in the Mountain in order to establish a replace affected ADC–2000 units with a adjudicatory proceeding. That reasonably supported outer date for the modified unit. This proposed AD results commitment is not jeopardized by the Waste Confidence finding. That is, if the from reports that certain ADC–2000 2025 date for repository availability. Commission were to assume that a units display incorrect altitude The Commission did not see any threat license for the Yucca Mountain site information on the Electronic Flight to its ability to be an impartial might be denied in 2015 and establish Information System (EFIS) to the pilot. adjudicator in 1990 when it selected the a date 25 years hence for the We are issuing this proposed AD to 2025 date even though then, as now, a ‘‘availability’’ of an alternative prevent ADC–2000 units, part numbers repository could only become available repository (i.e., 2040), it would still (P/Ns) 962830A–1–S–8, 962830A–2–S– if the Commission’s decision is need to presume the ‘‘acceptability’’ of 8, and 962830A–3–S–8, configurations the alternate site to meet that date. favorable. Should the Commission’s B, C, and D, from displaying incorrect Because it was untenable to presume decision be unfavorable and should altitude information. This could cause the ‘‘acceptability’’ of any site, DOE abandon the site, the Commission the flight crew to react to this incorrect including Yucca Mountain, the would need to reevaluate the 2025 flight information and possibly result in Commission, in 1990, chose instead to availability date, as well as other an unsafe operating condition. take a two pronged approach to findings made in 1990. However, that DATES: determining ‘‘availability.’’ First, it day has not yet come and until it does We must receive any comments would use DOE’s statutorily mandated the Commission finds no reason to on this proposed AD by October 11, suitability determination as a basis for undertake the burden of reopening its 2005. providing assurance that a repository Waste Confidence findings in the ADDRESSES: Use one of the following to would be available in 2025. Specifically, absence of information meeting the submit comments on this proposed AD: the Commission stated that it believed criteria it has established for this • DOT Docket Web Site: Go to http:/ that DOE’s site suitability determination purpose. /dms.dot.gov and follow the instructions

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for sending your comments (65 FR 19477–78) or you may visit http:/ transducer converts static pressure to an electronically. /dms.dot.gov. electrical signal. • Government-wide Rulemaking Web Are there any specific portions of this We have determined that the Site: Go to http://www.regulations.gov proposed AD I should pay attention to? electrical output from the pressure and follow the instructions for sending We specifically invite comments on the transducer in the affected ADCs changes your comments electronically. overall regulatory, economic, over time resulting in the display of • Mail: Docket Management Facility; environmental, and energy aspects of misleading altitude information to the U.S. Department of Transportation, 400 this proposed AD. If you contact us pilot. Seventh Street, SW., Nassif Building, through a nonwritten communication What is the potential impact if FAA Room PL–401, Washington, DC 20590– and that contact relates to a substantive took no action? If this situation occurs 001. part of this proposed AD, we will while the flight crew is making critical • Fax: 1–202–493–2251. summarize the contact and place the flight decisions, the display of incorrect • Hand Delivery: Room PL–401 on summary in the docket. We will altitude information could cause the the plaza level of the Nassif Building, consider all comments received by the flight crew to react to this incorrect 400 Seventh Street, SW., Washington, closing date and may amend this flight information and possibly result in DC, between 9 a.m. and 5 p.m., Monday proposed AD in light of those comments an unsafe operating condition. through Friday, except Federal holidays. and contacts. Is there service information that To get the service information applies to this subject? Shadin has Docket Information identified in this proposed AD, contact issued Service Bulletin SB28–05–002, Shadin, 6831 Oxford Street, St. Louis Where can I go to view the docket Rev C, dated June 29, 2005. Park, Minnesota 55426–4412; telephone: information? You may view the AD What are the provisions of this service (800) 388–2849 or (952) 927–6500; docket that contains the proposal, any information? The service bulletin facsimile: (952) 924–1111; e-mail: comments received, and any final includes procedures for doing preflight www.shadin.com. disposition in person at the DMS Docket checks to ensure ADC/EFIS altimetry To view the comments to this Offices between 9 a.m. and 5 p.m. accuracy and specifies having ADC– proposed AD, go to http://dms.dot.gov. (eastern standard time), Monday 2000, P/Ns 962830A–1–S–8, 962830A– The docket number is FAA–2005– through Friday, except Federal holidays. 2–S–8, and 962830A–3–S–8, 21787; Directorate Identifier 2005–CE– The Docket Office (telephone 1–800– configurations B, C, and D, upgraded to 34–AD. 647–5227) is located on the plaza level new P/Ns 962831A–1–S–8, 962831A–2– FOR FURTHER INFORMATION CONTACT: of the Department of Transportation S–8, and 962831A–3–S–8. NASSIF Building at the street address Jeffrey Kuen, Aerospace Engineer, FAA’s Determination and Requirements stated in ADDRESSES. You may also view Chicago Aircraft Certification Office of this Proposed AD (ACO), FAA, 2300 East Devon Avenue, the AD docket on the Internet at http:/ Room 107, Des Plaines, Illinois 60018; /dms.dot.gov. The comments will be What has FAA decided? We have telephone: (847) 294–7125; facsimile: available in the AD docket shortly after evaluated all pertinent information and (847) 294–7834; e-mail address: the DMS receives them. identified an unsafe condition that is [email protected]. likely to exist or develop on these ADCs Discussion that are installed on type design SUPPLEMENTARY INFORMATION: What events have caused this airplanes. Comments Invited proposed AD? We have received reports What would this proposed AD that the pressure altitude output of require? This proposed AD would How do I comment on this proposed certain Shadin ADC–2000 air data require you to incorporate the actions in AD? We invite you to submit any computers (ADC) drift outside the previously-referenced service written relevant data, views, or Technical Standard Order (TSO) bulletin. arguments regarding this proposal. Send tolerance. How does the revision to 14 CFR part your comments to an address listed Shadin ADC–2000 units, part 39 affect this proposed AD? On July 10, under ADDRESSES. Include the docket numbers (P/Ns) 962830A–1–S–8, 2002, we published a new version of 14 number, ‘‘FAA–2005–21787; Directorate 962830A–2–S–8, and 962830A–3–S–8, CFR part 39 (67 FR 47997, July 22, Identifier 2005–CE–34–AD’’ at the configurations B, C, and D (labeled with 2002), which governs FAA’s AD system. beginning of your comments. We will TSO–C106 and TSO–C44a), provide This regulation now includes material post all comments we receive, without altitude information that is displayed on that relates to altered products, special change, to http://dms.dot.gov, including the Electronic Flight Information flight permits, and alternative methods any personal information you provide. System (EFIS) to the pilot. The ADC/ of compliance. This material previously We will also post a report summarizing EFIS combination is used to display was included in each individual AD. each substantive verbal contact with primary altitude information to the Since this material is included in 14 FAA personnel concerning this pilot. CFR part 39, we will not include it in proposed rulemaking. Using the search The maximum altitude error allowed future AD actions. function of our docket Web site, anyone by TSO–C106 and TSO–C44a is 25 feet can find and read the comments at ground level. Shadin ADC–2000 Costs of Compliance received into any of our dockets, units, P/Ns 962830A–1–S–8, 962830A– How many airplanes would this including the name of the individual 2–S–8, and 962830A–3–S–8, proposed AD impact? We estimate that who sent the comment (or signed the configurations B, C, and D, have shown this proposed AD affects 457 units comment on behalf of an association, errors from 100 to 8,000 feet from the installed on airplanes in the U.S. business, labor union, etc.). This is correct altitude. registry. docket number FAA–2005–21787; The errors are caused by the ADC– What would be the cost impact of this Directorate Identifier 2005–CE–34–AD. 2000 altitude measurement system. A proposed AD on owners/operators of the You may review the DOT’s complete pressure transducer in the ADC affected airplanes? We estimate the Privacy Act Statement in the Federal measures the altitude from the airplane following costs to do this proposed Register published on April 11, 2000 static pressure system. The pressure modification:

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Total cost Labor cost Parts cost per unit

2 work hours × $65 per hour = $130 ...... Not applicable ... $130.

Shadin will reimburse the owner/ not have a substantial direct effect on the Federal Aviation Administration operators for labor to remove and the States, on the relationship between proposes to amend 14 CFR part 39 as replace the ADC and shipping costs to the national Government and the States, follows: Shadin Repair Facility to the extent or on the distribution of power and specified in the service bulletin. responsibilities among the various PART 39—AIRWORTHINESS levels of government. DIRECTIVES Authority for This Rulemaking Would this proposed AD involve a What authority does FAA have for significant rule or regulatory action? For 1. The authority citation for part 39 issuing this rulemaking action? Title 49 the reasons discussed above, I certify continues to read as follows: that this proposed AD: of the United States Code specifies the Authority: 49 U.S.C. 106(g), 40113, 44701. FAA’s authority to issue rules on 1. Is not a ‘‘significant regulatory aviation safety. Subtitle I, section 106 action’’ under Executive Order 12866; § 39.13 [Amended] describes the authority of the FAA 2. Is not a ‘‘significant rule’’ under the Administrator. Subtitle VII, Aviation DOT Regulatory Policies and Procedures 2. The FAA amends § 39.13 by adding Programs, describes in more detail the (44 FR 11034, February 26, 1979); and the following new airworthiness scope of the agency’s authority. 3. Will not have a significant directive (AD): economic impact, positive or negative, We are issuing this rulemaking under Shadin: Docket No. FAA–2005–21787; on a substantial number of small entities the authority described in subtitle VII, Directorate Identifier 2005–CE–34–AD under the criteria of the Regulatory part A, subpart III, section 44701, Flexibility Act. When Is the Last Date I Can Submit ‘‘General requirements.’’ Under that We prepared a summary of the costs Comments On This Proposed AD? section, Congress charges the FAA with to comply with this proposed AD (and (a) We must receive comments on this promoting safe flight of civil aircraft in other information as included in the air commerce by prescribing regulations proposed airworthiness directive (AD) by Regulatory Evaluation) and placed it in October 11, 2005. for practices, methods, and procedures the AD Docket. You may get a copy of the Administrator finds necessary for this summary by sending a request to us What Other ADs Are Affected by This safety in air commerce. This regulation at the address listed under ADDRESSES. Action? is within the scope of that authority Include ‘‘AD Docket FAA–2005–21787; (b) None. because it addresses an unsafe condition Directorate Identifier 2005–CE–34–AD’’ What Airplanes Are Affected by This AD? that is likely to exist or develop on in your request. products identified in this AD. (c) This AD affects Shadin ADC–2000 air List of Subjects in 14 CFR Part 39 Regulatory Findings data computers (ADC), part numbers (P/N) Air transportation, Aircraft, Aviation 962830A–1–S–8, 962830A–2–S–8, 962830A– Would this proposed AD impact safety, Safety. 3–S–8, configurations B, C, and D, that are various entities? We have determined installed in, but not limited to, the following that this proposed AD would not have The Proposed Amendment aircraft (all serial numbers), and are federalism implications under Executive Accordingly, under the authority certificated in any category: Order 13132. This proposed AD would delegated to me by the Administrator,

Manufacturer Model

Alliance Aircraft Group, LLC ...... H–250. B–N Group Ltd ...... BN2A. Bombardier Inc ...... DHC–3, DHC–6. Cessna Aircraft Company ...... 172, 180, 180E, 185, 206, 206E, 206F, 206G 208, 210L, 310. deHavilland Inc ...... DHC–2. The New Piper Aircraft, Inc ...... PA–28–180, PA–28–181, PA–31–350, PA–32–300, PA–32–301, PA– 32R–300, PA–34–200T.

What Is the Unsafe Condition Presented in actions specified in this AD are to prevent flight information and possibly result in an This AD? ADC–2000 units, P/Ns 962830A–1–S–8, unsafe operating condition. 962830A–2–S–8, and 962830A–3–S–8, (d) This AD is the result of reports that What Must I do to Address This Problem? certain ADC–2000 units display incorrect configurations B, C, and D, from displaying altitude information on the Electronic Flight incorrect altitude information. This could (e) To address this problem, you must do Information System (EFIS) to the pilot. The cause the flight crew to react to this incorrect the following, unless already done:

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Actions Compliance Procedures

(1) To ensure the air data computer (ADC) and Within the next 25 hours time-in-service (TIS) Follow the Interim Procedures contained in the Electronic Flight Information System after the effective date of this AD and there- Shadin Service Bulletin SB28–05–002, Rev (EFIS) altimetry accuracy, do the normal pre- after before each flight until the ADC is up- C, dated June 29, 2005. The owner/oper- flight check. If the altitudes, altimeter, and graded as specified in paragraph (e)(2) of ator holding at least a private pilot certifi- elevation differ by more than 75 foot, do not this AD. cate as authorized by section 43.7 of the fly the airplane in IMC/IFR. Federal Aviation Regulations (14 CFR 43.7) may do the check specified in paragraph (e)(1) of this AD. Make an entry into the air- craft records showing compliance with this portion of the AD following section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). (2) Return all Shadin ADC–2000s, part num- Within the next 15 months after the effective Follow Shadin Service Bulletin SB28–05–002, bers 962830A–1–S–8, 962830A–2–S–8, of this AD. Rev C, dated June 29, 2005. 962830A–3–S–8, Configurations B, C, and D, to the Shadin Repair Facility for upgrade. Contact the Shadin Technical Support de- partment for a Return Merchandise Author- ization (RMA) number. Until the ADC–2000 is modified, returned, and reinstalled, only fly the airplane if equipment requirements for that airplane are still met. (3) Do not install any Shadin ADC–2000, part As of the effective date of this AD ...... Not applicable. number 962830A–1–S–8, 962830A–2–S–8, or 962830A–3–S–8, Configurations B, C, and D, unless it has been upgraded as specified in paragraph (e)(2) of this AD.

May I Request an Alternative Method of DEPARTMENT OF TRANSPORTATION compartment, and consequent increased Compliance? risk of a fire in the cargo compartment. (f) You may request a different method of Federal Aviation Administration DATES: We must receive comments on compliance or a different compliance time this proposed AD by September 16, for this AD by following the procedures in 14 14 CFR Part 39 2005. CFR 39.19. Unless FAA authorizes otherwise, ADDRESSES: send your request to your principal [Docket No. FAA–2005–22120; Directorate Use one of the following inspector. The principal inspector may add Identifier 2004–NM–92–AD] addresses to submit comments on this comments and will send your request to the proposed AD. RIN 2120–AA64 • Manager, Chicago Aircraft Certification DOT Docket Web Site: Go to http://dms.dot.gov and follow the Office (ACO), FAA. For information on any Airworthiness Directives; Airbus Model already approved alternative methods of instructions for sending your comments A319–100 Series Airplanes, Model compliance, contact Jeffrey Kuen, Aerospace electronically. Engineer, Chicago ACO, FAA, 2300 East A320–111 Airplanes, Model A320–200 • Government-wide Rulemaking Web Devon Avenue, Room 107, Des Plaines, Series Airplanes, and Model A321–100 Site: Go to http://www.regulations.gov Illinois 60018; telephone: (847) 294–7125; Series Airplanes and follow the instructions for sending facsimile: (847) 294–7834; e-mail address: your comments electronically. AGENCY: Federal Aviation [email protected]. • Mail: Docket Management Facility, Administration (FAA), Department of U.S. Department of Transportation, 400 May I Get Copies of the Documents Transportation (DOT). Referenced in this AD? Seventh Street SW., Nassif Building, ACTION: Notice of proposed rulemaking room PL–401, Washington, DC 20590. (g) To get copies of the documents (NPRM). • By Fax: (202) 493–2251. referenced in this AD, contact Shadin, 6831 • Hand Delivery: Room PL–401 on Oxford Street, St. Louis Park, Minnesota SUMMARY: The FAA proposes to adopt a the plaza level of the Nassif Building, 55426–4412; telephone: (800) 388–2849 or new airworthiness directive (AD) for 400 Seventh Street SW., Washington, (952) 927–6500; facsimile: (952) 924–1111; Airbus Model A319–100 series DC, between 9 a.m. and 5 p.m., Monday email: www.shadin.com. To view the AD airplanes, Model A320–111 airplanes, through Friday, except Federal holidays. docket, go to the Docket Management Model A320–200 series airplanes, and For service information identified in Facility; U.S. Department of Transportation, Model A321–100 series airplanes this proposed AD, contact Airbus, 1 400 Seventh Street, SW., Nassif Building, equipped with any additional center Rond Point Maurice Bellonte, 31707 Room PL–401, Washington, DC, or on the tank (ACT). This proposed AD would Internet at http://dms.dot.gov. The docket Blagnac Cedex, France. number is Docket No. FAA–2005–21787; require identifying the part number of You can examine the contents of this Directorate Identifier 2005–CE–34–AD. the ACT and, for certain ACTs, AD docket on the Internet at http:// replacing the outer ACT manhole cover dms.dot.gov, or in person at the Docket Issued in Kansas City, Missouri, on August and seal. This proposed AD is prompted Management Facility, U.S. Department 10, 2005. by reports of an ACT fuel transfer failure of Transportation, 400 Seventh Street Kim Smith, due to air leakage around the seal of the SW., room PL–401, on the plaza level of Acting Manager, Small Airplane Directorate, outer manhole covers of the ACTs. We the Nassif Building, Washington, DC. Aircraft Certification Service. are proposing this AD to prevent this This docket number is FAA–2005– [FR Doc. 05–16267 Filed 8–16–05; 8:45 am] leakage, which could result in fuel or 22120; the directorate identifier for this BILLING CODE 4910–13–P fuel vapor leaking into the cargo docket is 2004–NM–92-AD.

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FOR FURTHER INFORMATION CONTACT: Tim the AD docket shortly after the DMS be done’’ at the same time as Service Dulin, Aerospace Engineer, receives them. Bulletin A320–28–1105, yet identifies International Branch, ANM–116, FAA, those service bulletins as ‘‘concurrent Discussion Transport Airplane Directorate, 1601 requirements.’’ This proposed AD Lind Avenue, SW., Renton, Washington The Direction Ge´ne´rale de l’Aviation would not require either Service 98055–4056; telephone (425) 227–2141; Civile (DGAC), which is the Bulletin A320–28–1086 (because those fax (425) 227–1149. airworthiness authority for France, actions are required by AD 2004–23–04) notified us that an unsafe condition may SUPPLEMENTARY INFORMATION: or A320–28–1098 (because we have exist on Airbus Model A319–100 series determined that those actions are not Comments Invited airplanes, Model A320–111 airplanes, necessary to address the unsafe Model A320–200 series airplanes, and condition identified in this proposed We invite you to submit any relevant Model A321–100 series airplanes AD). written data, views, or arguments equipped with certain additional center regarding this proposed AD. Send your tanks (ACTs). The DGAC advises that it FAA’s Determination and Requirements comments to an address listed under has received reports of an ACT fuel of the Proposed AD ADDRESSES. Include ‘‘Docket No. FAA– transfer failure due to extrusion of the These airplane models are 2005–22120; Directorate Identifier 2004- outer ACT manhole cover seals, which manufactured in France and are type NM–92-AD’’ at the beginning of your allowed air leaks. Subsequent analysis certificated for operation in the United comments. We specifically invite revealed the need to change the States under the provisions of section comments on the overall regulatory, installation process and modify the seal 21.29 of the Federal Aviation economic, environmental, and energy material to ensure a proper seal. Leakage Regulations (14 CFR 21.29) and the aspects of the proposed AD. We will around the ACT outer manhole cover applicable bilateral airworthiness consider all comments submitted by the seals could result in fuel or fuel vapor agreement. Pursuant to this bilateral closing date and may amend the leaking into the cargo compartment, and airworthiness agreement, the DGAC has proposed AD in light of those consequent increased risk of a fire in the kept the FAA informed of the situation comments. cargo compartment. described above. We have examined the We will post all comments we DGAC’s findings, evaluated all pertinent Relevant Service Information receive, without change, to http:// information, and determined that we dms.dot.gov, including any personal Airbus has issued Service Bulletin need to issue an AD for products of this information you provide. We will also A320–28–1105, Revision 01, dated type design that are certificated for post a report summarizing each March 18, 2003. The service bulletin operation in the United States. substantive verbal contact with FAA describes procedures for airplanes Therefore, we are proposing this AD, personnel concerning this proposed AD. having affected ACTs for replacing the which would require accomplishing the Using the search function of our docket outer ACT manhole cover with a applicable actions specified in the Web site, anyone can find and read the reinforced manhole cover, and replacing service information described comments in any of our dockets, the outer manhole cover seal with a new previously, except as discussed below. including the name of the individual seal. The DGAC mandated Service who sent the comment (or signed the Bulletin A320–28–1105 and issued Difference Between Proposed AD and comment on behalf of an association, French airworthiness directive F–2004– French Airworthiness Directive business, labor union, etc.). You can 038, dated March 17, 2004, to ensure the The French airworthiness directive review the DOT’s complete Privacy Act continued airworthiness of these limits its applicability to Airbus Model Statement in the Federal Register airplanes in France. Accomplishing the A319–100 series airplanes, Model published on April 11, 2000 (65 FR actions specified in the service A320–111 airplanes, Model A320–200 19477–78), or you can visit http:// information is intended to adequately series airplanes, and Model A321–100 dms.dot.gov. address the unsafe condition. series airplanes equipped with ACTs Examining the Docket Service Bulletin A320–28–1105 states having certain part numbers. However, that its accomplishment ‘‘requires the this proposed AD would not limit the You can examine the AD docket on prior or simultaneous accomplishment’’ applicability to certain ACT part the Internet at http://dms.dot.gov, or in of Service Bulletin A320–28–1087. numbers, but would require operators to person at the Docket Management However, this proposed AD would not first identify the ACT part number and Facility office between 9 a.m. and 5 require the actions specified in Service then modify only the affected ACTs. p.m., Monday through Friday, except Bulletin A320–28–1087 because those This action will ensure that the unsafe Federal holidays. The Docket actions are required by AD 2004–23–04, condition is addressed on the fleet. Management Facility office (telephone amendment 39–13859 (69 FR 65523, (800) 647–5227) is located on the plaza November 15, 2004). Costs of Compliance level of the Nassif Building at the DOT Airbus Service Bulletin A320–28– The following table provides the street address stated in the ADDRESSES 1105 notes that Airbus Service Bulletins estimated costs for U.S. operators to section. Comments will be available in A320–28–1098 and A320–28–1086 ‘‘can comply with this proposed AD.

ESTIMATED COSTS

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

P/N identification ...... 1 $65 $0 $65 28 $1,820

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Authority for This Rulemaking § 39.13 [Amended] TABLE 1.—AFFECTED ACT P/NS— Title 49 of the United States Code 2. The FAA amends § 39.13 by adding Continued specifies the FAA’s authority to issue the following new airworthiness directive (AD): D2827105500200 rules on aviation safety. Subtitle I, D2827105500400 Airbus: Docket No. FAA–2005–22120; section 106, describes the authority of D2827105600000 Directorate Identifier 2004–NM–92–AD. the FAA Administrator. Subtitle VII, D2827105600200 Aviation Programs, describes in more Comments Due Date D2827105600400 detail the scope of the Agency’s (a) The Federal Aviation Administration D2827107500000 authority. must receive comments on this AD action by D2827107500200 We are issuing this rulemaking under September 16, 2005. the authority described in subtitle VII, Manhole Cover/Seal Replacement part A, subpart III, section 44701, Affected ADs ‘‘General requirements.’’ Under that (b) None. (g) Within 30 days (for Model A319–111, section, Congress charges the FAA with Applicability: (c) This AD applies to Airbus –112, –113, –114, –115, –131, –132, and –133 promoting safe flight of civil aircraft in Model A319–111, –112, –113, –114, –115, airplanes) or 12 months (for Model A320– air commerce by prescribing regulations –131, –132, and –133 airplanes; Model 111, –211, –212, –214, –231, –232, and –233 A320–111, –211, –212, –214, –231, –232, and airplanes; and Model A321–111, –112, and for practices, methods, and procedures –233 airplanes; and Model A321–111, –112, the Administrator finds necessary for –131 airplanes) after the effective date of this and –131 airplanes; certificated in any AD: For each ACT P/N listed in Table 1 of safety in air commerce. This regulation category; which are equipped with any this AD: Before further flight, replace the is within the scope of that authority additional center tank (ACT). outer ACT manhole cover with a reinforced because it addresses an unsafe condition Unsafe Condition that is likely to exist or develop on manhole cover and replace the outer manhole cover seal with a new seal, in products identified in this rulemaking (d) This AD was prompted by reports of an ACT fuel transfer failure due to air leakage accordance with the Accomplishment action. around the seal of the outer manhole covers Instructions of Airbus Service Bulletin A320– Regulatory Findings of the ACTs. We are requiring this AD to 28–1105, Revision 01, dated March 18, 2003. prevent this leakage, which could result in Replacements are also acceptable if done We have determined that this fuel or fuel vapor leaking into the cargo proposed AD would not have federalism before the effective date of this AD in compartment, and consequent increased risk accordance with Airbus Service Bulletin implications under Executive Order of a fire in the cargo compartment. A320–28–1105, dated October 22, 2002. 13132. This proposed AD would not Compliance: (e) You are responsible for have a substantial direct effect on the having the actions required by this AD Parts Installation performed within the compliance times States, on the relationship between the (h) As of the effective date of this AD, no national Government and the States, or specified, unless the actions have already been done. person may install an ACT having any P/N on the distribution of power and listed in Table 1 of this AD, unless the responsibilities among the various Part Number Identification actions required by paragraph (g) of this AD levels of government. (f) Within 30 days (for Model A319–111, have been done for that ACT. For the reasons discussed above, I –112, –113, –114, –115, –131, –132, and –133 certify that the proposed regulation: airplanes) or 12 months (for Model A320– Alternative Methods of Compliance 1. Is not a ‘‘significant regulatory 111, –211, –212, –214, –231, –232, and –233 (AMOCs) action’’ under Executive Order 12866; airplanes; and Model A321–111, –112, and (i) The Manager, International Branch, 2. Is not a ‘‘significant rule’’ under the –131 airplanes) after the effective date of this ANM–116, Transport Airplane Directorate, DOT Regulatory Policies and Procedures AD: Determine whether the part number (P/ FAA, has the authority to approve AMOCs (44 FR 11034, February 26, 1979); and N) of each ACT installed on the airplane is for this AD, if requested in accordance with included in Table 1 of this AD. If no ACT 3. Will not have a significant the procedures found in 14 CFR 39.19. installed on the airplane has a P/N included economic impact, positive or negative, in Table 1 of this AD, no further work is Related Information on a substantial number of small entities required by this paragraph. under the criteria of the Regulatory (j) French airworthiness directive F–2004– 038, dated March 17, 2004, also addresses the Flexibility Act. We prepared a TABLE 1.—AFFECTED ACT P/NS regulatory evaluation of the estimated subject of this AD. costs to comply with this proposed AD. D2827091100000 Issued in Renton, Washington, on August See the ADDRESSES section for a location D2827091100200 10, 2005. to examine the regulatory evaluation. D2827091100600 Kalene C. Yanamura, D2827091300000 List of Subjects in 14 CFR Part 39 D2827091300200 Acting Manager, Transport Airplane Air transportation, Aircraft, Aviation D2827091300400 Directorate, Aircraft Certification Service. safety, Safety. D2827105100000 [FR Doc. 05–16263 Filed 8–16–05; 8:45 am] D2827105100200 BILLING CODE 4910–13–P The Proposed Amendment D2827105100400 Accordingly, under the authority D2827105200000 delegated to me by the Administrator, D2827105200200 D2827105200400 the FAA proposes to amend 14 CFR part D2827105300000 39 as follows: D2827105300200 D2827105300400 PART 39—AIRWORTHINESS D2827105400000 DIRECTIVES D2827105400200 D2827105400400 1. The authority citation for part 39 D2827105400600 continues to read as follows: D2827105400800 Authority: 49 U.S.C. 106(g), 40113, 44701. D2827105500000

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DEPARTMENT OF TRANSPORTATION instructions for sending your comments comment (or signed the comment on electronically. behalf of an association, business, labor Federal Aviation Administration • Government-wide rulemaking Web union, etc.). You can review the DOT’s site: Go to http://www.regulations.gov complete Privacy Act Statement in the 14 CFR Part 39 and follow the instructions for sending Federal Register published on April 11, your comments electronically. 2000 (65 FR 19477–78), or you can visit [Docket No. FAA–2004–18564; Directorate • Mail: Docket Management Facility; http://dms.dot.gov. Identifier 2004–NM–16–AD] U.S. Department of Transportation, 400 Examining the Docket Seventh Street SW., Nassif Building, RIN 2120–AA64 room PL–401, Washington, DC 20590. You can examine the AD docket on • the Internet at http://dms.dot.gov, or in Airworthiness Directives; Empresa Fax: (202) 493–2251. • person at the Docket Management Brasileira de Aeronautica S.A. Hand Delivery: Room PL–401 on Facility office between 9 a.m. and 5 (EMBRAER) Model EMB–135BJ, the plaza level of the Nassif Building, p.m., Monday through Friday, except –135ER, –135KE, –135KL, –135LR, 400 Seventh Street SW., Washington, Federal holidays. The Docket –145, –145ER, –145MR, –145LR, DC, between 9 a.m. and 5 p.m., Monday Management Facility office (telephone –145XR, –145MP, and –145EP through Friday, except Federal holidays. (800) 647–5227) is located on the plaza Airplanes For service information identified in this proposed AD, contact Empresa level in the Nassif Building at the DOT AGENCY: Federal Aviation Brasileira de Aeronautica S.A. street address stated in ADDRESSES. Administration (FAA), Department of (EMBRAER), P.O. Box 343—CEP 12.225, Comments will be available in the AD Transportation (DOT). Sao Jose dos Campos—SP, Brazil. docket shortly after the Docket ACTION: Supplemental notice of You can examine the contents of this Management System (DMS) receives proposed rulemaking (NPRM); AD docket on the Internet at http:// them. reopening of comment period. dms.dot.gov, or in person at the Docket Discussion Management Facility, U.S. Department We proposed to amend 14 CFR part SUMMARY: The FAA is revising an earlier of Transportation, 400 Seventh Street 39 with a notice of proposed rulemaking NPRM for an airworthiness directive SW., room PL–401, on the plaza level of (NPRM) for an airworthiness directive (AD) that applies to certain EMBRAER the Nassif Building, Washington, DC. (AD) (the ‘‘original NPRM’’). The airplane models as identified above. The This docket number is FAA–2004– original NPRM applies to certain original NPRM would have required 18564; the directorate identifier for this EMBRAER Model EMB–135 and –145 modifying the total air temperature docket is 2004–NM–16–AD. (TAT) sensor heating system. The series airplanes. The original NPRM was FOR FURTHER INFORMATION CONTACT: published in the Federal Register on original NPRM was prompted by a Todd Thompson, Aerospace Engineer, report indicating that the fully July 8, 2004 (69 FR 41209). The original International Branch, ANM–116, FAA, NPRM proposed to require modifying automated digital electronic control Transport Airplane Directorate, 1601 (FADEC) unit failed to compensate for the total air temperature (TAT) sensor Lind Avenue, SW., Renton, Washington heating system. ice accretion on the engine fan blades 98055–4056; telephone (425) 227–1175; due to a false temperature signal from fax (425) 227–1149. Relevant Service Information the TAT sensor to the FADEC. This SUPPLEMENTARY INFORMATION: EMBRAER has issued Service Bulletin action revises the original NPRM by 145–30–0028, Revision 09, dated March requiring modification of additional Comments Invited 1, 2004. The original NPRM refers to electrical connections for the TAT We invite you to submit any relevant EMBRAER Service Bulletin 145–30– sensor heating system. This action also written data, views, or arguments 0028, Revision 08, dated August 20, would expand the applicability of the regarding this supplemental NPRM. 2003, as the appropriate source of original NPRM because the additional Send your comments to an address service information for modifying the electrical connections must be modified listed under ADDRESSES. Include TAT sensor heating system. Part III of on airplanes that had the TAT sensor ‘‘Docket No. 2000–FAA–18564; the Accomplishment Instructions of heating system modified previously Directorate Identifier 2004–NM–16–AD’’ Revision 09 of the service bulletin adds (e.g., in production). This action also at the beginning of your comments. We new procedures for modifying certain adds replacing the FADEC assemblies specifically invite comments on the electrical connections. These electrical with new or modified assemblies as an overall regulatory, economic, connections must be modified on additional means of compliance. We are environmental, and energy aspects of airplanes on which any previous proposing this supplemental NPRM to this supplemental NPRM. We will revision of EMBRAER Service Bulletin prevent failure of the TAT sensor, consider all comments received by the 145–30–0028 was done. Accomplishing which could result in insufficient thrust closing date and may amend this the actions specified in the service to take off or (if coupled with the loss supplemental NPRM in light of those information is intended to adequately of an engine during takeoff) to abort the comments. address the unsafe condition. takeoff in a safe manner, and We will post all comments submitted, The Departmento de Aviacao Civil consequent reduced controllability of without change, to http://dms.dot.gov, (DAC) mandated Revision 09 of the the airplane. including any personal information you service bulletin and issued Brazilian DATES: We must receive comments on provide. We will also post a report airworthiness directive 2004–01–02R2, this supplemental NPRM by September summarizing each substantive verbal dated November 29, 2004, to ensure the 12, 2005. contact with FAA personnel concerning continued airworthiness of these ADDRESSES: Use one of the following this supplemental NPRM. Using the airplanes in Brazil. (The original NPRM addresses to submit comments on this search function of our docket Web site, referred to Brazilian airworthiness supplemental NPRM. anyone can find and read the comments directive 2004–01–02, dated January 27, • DOT Docket Web site: Go to in any of our dockets, including the 2004, as the parallel Brazilian http://dms.dot.gov and follow the name of the individual who sent the airworthiness directive.)

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We have revised paragraph (f) of this revised paragraph (c), Applicability, of the service bulletins listed in the table supplemental NPRM to require this supplemental NPRM to state that below, which describe procedures for modifying the TAT sensor heating this supplemental NPRM applies to replacing the existing FADEC system in accordance with Revision 09 airplanes identified in Revision 09 of assemblies with new or modified of the service bulletin. In addition, we the service bulletin. assemblies that have FADEC software have revised paragraph (g) of this Brazilian airworthiness directive version 7.6, including verifying the part supplemental NPRM to state that 2004–01–02R2 also includes an number of the ITT trim plug and actions accomplished in accordance additional means of compliance. replacing it with an ITT trim plug of Brazilian airworthiness directive 2004– with Revisions 04 through 08 of the another part number if necessary. These 01–02R2 states that incorporating full- service bulletin are acceptable for service bulletins also refer to the Rolls- authority digital engine control (FADEC) compliance with paragraph (f), provided software version 7.6 (or subsequent Royce service bulletins listed in the that the additional actions specified in versions) on both engines is an table below as additional sources of Part III of Revision 09 of the service alternative to modifying the TAT sensor service information for replacing the bulletin are accomplished. We have also heating system. EMBRAER has issued FADEC assemblies.

SERVICE INFORMATION FOR REPLACING FADEC ASSEMBLIES

Which refers to Rolls- EMBRAER service Bulletin Revision Date For EMBRAER model— Royce service bulletin—

145–73–0021 ...... Original ...... July 23, 2004 ...... EMB–135ER, –135KE, AE3007A–73–071 –135KL, –135LR, –145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP. 145–73–0022 ...... 01 ...... July 15, 2004 ...... EMB–135ER, –135KE, AE3007A–73–067 –135KL, –135LR, –145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP. 145–73–0023 ...... Original ...... June 28, 2004 ...... EMB–135ER, –135KE, AE3007A–73–070 –135KL, –135LR, –145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP. 145–73–0024 ...... 01 ...... July 15, 2004 ...... EMB–135ER, –135KE, AE3007A–73–069 –135KL, –135LR, –145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP. 145–73–0025 ...... Original ...... July 23, 2004 ...... EMB–135ER, –135KE, AE3007A–73–068 –135KL, –135LR, –145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP. 145–73–0026 ...... Original ...... June 28, 2004 ...... EMB–145XR ...... AE3007A–73–072 145LEG–73–0003 ...... 01 ...... July 15, 2004 ...... EMB–135BJ ...... AE3007A–73–070 145LEG–73–0004 ...... 02 ...... October 6, 2004 ...... EMB–135BJ ...... AE3007A–73–072

The EMBRAER service bulletins listed system in accordance with EMBRAER second commenter states no in the table above also specify that Service Bulletin 145–30–0028, dated justification for its request. installing the new or modified FADEC September 20, 1999; Change 01, dated We do not concur. EMBRAER Service assemblies that have FADEC software March 23, 2000; Change 02, dated Bulletin 145–30–0028, Revision 04, version 7.6 also necessitates installing December 27, 2000; or Change 03, dated dated March 13, 2001, states that new engine indication and crew alerting February 15, 2001. The commenter additional work is necessary on system (EICAS) and central states that many of its airplanes have airplanes modified in accordance with maintenance computer (CMC) versions. been modified in accordance with the the original issue or Changes 01 through Comments original issue and Change 01 of the 03. Also, Brazilian airworthiness We have considered the following service bulletin. Thus, revising the directive 2004–01–02R1 refers to only comments on the original NPRM. original NPRM would alleviate the Revisions 04 and subsequent of the burden of the commenter requesting service bulletin for compliance. Request for Credit for Actions approval of an alternative method of Similarly, paragraph (g) of this Accomplished Previously compliance (AMOC) and of the FAA supplemental NPRM (and the original Two commenters request that we addressing these AMOC requests. The NPRM) gives credit for modifications revise the original NPRM to give credit other commenter states that EMBRAER done before the effective date of this AD for actions that they have previously Service Bulletin 145–30–0028, Changes in accordance with EMBRAER Service accomplished on their airplane fleets. 02 and 03, should be listed as Bulletin 145–30–0028, Revision 04; One commenter asks for credit for acceptable previous revisions. The Revision 05, dated May 24, 2001; modifying the TAT sensor heating Revision 06, dated September 26, 2001;

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Revision 07, dated April 10, 2003; or We agree that it is appropriate to issue, and they agree with our decision Revision 08. Operators may request extend the compliance time. In to extend the compliance time. approval of an AMOC for actions done developing an appropriate compliance Explanation of Change to Applicability in accordance with other revisions of time for this supplemental NPRM, we the service bulletin. An operator’s considered the manufacturer’s We have revised the applicability of request should include copies of the recommendation, the DAC’s the original NPRM to identify model applicable service bulletins, and data recommendation, and the number of designations as published in the most substantiating that the actions that have airplanes that would be subject to the recent type certificate data sheet for the been accomplished provide an proposed requirements. We balanced affected models. acceptable level of safety. We have not these factors against the degree of FAA’s Determination and Proposed changed this supplemental NPRM in urgency associated with the subject Requirements of the Supplemental this regard. unsafe condition. In light of all of these NPRM Request To Extend the Compliance factors, we find that a 180-day Certain changes discussed above Time compliance time represents an expand the scope of the original NPRM; appropriate interval of time for affected therefore, we have determined that it is One commenter requests that we airplanes to continue to operate without necessary to reopen the comment period extend the compliance time of 90 days compromising safety. We find that to provide additional opportunity for that is stated in paragraph (f) of the extending the compliance time in this public comment on this supplemental original NPRM. The commenter states way will ensure that the majority of NPRM. that, due to the large number of affected operators are able to comply Costs of Compliance airplanes needing to be modified, 90 with the requirements of this AD during days is not enough time. The regularly scheduled maintenance. We The following table provides the commenter does not specify what it have coordinated with the DAC on this estimated costs for U.S. operators to would like the compliance time to be. comply with this supplemental NPRM.

ESTIMATED COSTS

Work Average labor Cost per air- Number of U.S.-cost reg- Action hours rate per hour Parts plane istered airplanes Fleet cost

Modify the TAT sensor heat- 8 $65 $443 $963 Up to 434 ...... Up to $417,942. ing system.

For airplanes modified in accordance products identified in this rulemaking The Proposed Amendment with Revisions 04 through 08 of the action. Accordingly, under the authority service bulletin, it would take about 1 Regulatory Findings delegated to me by the Administrator, work hour per airplane to do the We have determined that this the FAA proposes to amend 14 CFR part additional modification specified in Part 39 as follows: III of the Accomplishment Instructions proposed AD would not have federalism of the service bulletin, at an average implications under Executive Order PART 39—AIRWORTHINESS labor rate of $65 per work hour. Based 13132. This proposed AD would not DIRECTIVES on these figures, the estimated cost of have a substantial direct effect on the doing this proposed action is $65 per States, on the relationship between the 1. The authority citation for part 39 airplane. national Government and the States, or continues to read as follows: on the distribution of power and Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking responsibilities among the various Title 49 of the United States Code levels of government. § 39.13 [Amended] specifies the FAA’s authority to issue For the reasons discussed above, I 2. The FAA amends § 39.13 by adding rules on aviation safety. Subtitle I, certify that the proposed regulation: the following new airworthiness 1. Is not a ‘‘significant regulatory Section 106, describes the authority of directive (AD): action’’ under Executive Order 12866; the FAA Administrator. Subtitle VII, 2. Is not a ‘‘significant rule’’ under the Empresa Brasileira de Aeronautica S.A. Aviation Programs, describes in more DOT Regulatory Policies and Procedures (EMBRAER): Docket No. FAA–2004– detail the scope of the Agency’s (44 FR 11034, February 26, 1979); and 18564; Directorate Identifier 2004–NM– 16–AD. authority. 3. Will not have a significant We are issuing this rulemaking under economic impact, positive or negative, Comments Due Date the authority described in subtitle VII, on a substantial number of small entities (a) The Federal Aviation Administration part A, subpart III, section 44701, under the criteria of the Regulatory must receive comments on this AD action by ‘‘General requirements.’’ Under that Flexibility Act. September 12, 2005. section, Congress charges the FAA with We prepared a regulatory evaluation Affected ADs promoting safe flight of civil aircraft in of the estimated costs to comply with air commerce by prescribing regulations this supplemental NPRM. See the (b) None. for practices, methods, and procedures ADDRESSES section for a location to Applicability the Administrator finds necessary for examine the regulatory evaluation. (c) This AD applies to EMBRAER Model safety in air commerce. This regulation List of Subjects in 14 CFR Part 39 EMB–135BJ, –135ER, –135KE, –135KL, is within the scope of that authority –135LR, –145, –145ER, –145MR, –145LR, because it addresses an unsafe condition Air transportation, Aircraft, Aviation –145XR, –145MP, and –145EP airplanes; as that is likely to exist or develop on safety, Safety. identified in EMBRAER Service Bulletin

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145–30–0028, Revision 09, dated March 1, safe manner, and consequent reduced Modifications Done According to Previous 2004; certificated in any category. controllability of the airplane. Revisions of the Service Bulletin Unsafe Condition Compliance (g) Modifications done before the effective (d) This AD was prompted by a report (e) You are responsible for having the date of this AD in accordance with the indicating that the fully automated digital actions required by this AD performed within revisions of the service bulletin in Table 1 of electronic control (FADEC) unit failed to the compliance times specified, unless the this AD are acceptable for compliance with compensate for ice accretion on the engine actions have already been done. the corresponding action in this AD, fan blades, which was caused by a false Modification provided that the additional actions specified temperature signal from the total air in PART III of the Accomplishment temperature (TAT) sensor to the FADEC. We (f) Within 180 days after the effective date Instructions of EMBRAER Service Bulletin are issuing this AD to prevent failure of the of this AD: Modify the TAT sensor heating 145–30–0028, Revision 09, dated March 1, TAT sensor, which could result in system in accordance with the insufficient thrust either to take off or (if Accomplishment Instructions of EMBRAER 2004, are accomplished within the coupled with the loss of an engine during Service Bulletin 145–30–0028, Revision 09, compliance time required by paragraph (f) of takeoff) the inability to abort the takeoff in a dated March 1, 2004. this AD.

TABLE 1.—PREVIOUS REVISIONS OF THE SERVICE BULLETIN

EMBRAER service bulletin Revision Date

145–30–0028 ...... 04 March 13, 2001. 145–30–0028 ...... 05 May 24, 2001. 145–30–0028 ...... 06 September 26, 2001. 145–30–0028 ...... 07 April 10, 2003. 145–30–0028 ...... 08 August 20, 2003.

Credit for Replacement of FADEC Instructions of the applicable service bulletin maintenance computer (CMC) upgrades, as Assemblies listed in Table 2 of this AD, is acceptable for well as any other applicable actions compliance with paragraph (f) of this AD. If associated with upgrading the EICAS and (h) Replacing the existing FADEC the FADEC assemblies are replaced with new CMC, must also be done, as specified in assemblies with new or modified FADEC or modified assemblies as specified in this paragraph 1.C., ‘‘Description—Time for assemblies that include software version 7.6, paragraph, all applicable engine indication Accomplishment’’ of the applicable in accordance with the Accomplishment and crew alerting system (EICAS) and central EMBRAER service bulletin.

TABLE 2.—SERVICE BULLETINS FOR UPGRADING FADEC ASSEMBLIES

EMBRAER serv- For EMBRAER model— ice bulletin Revision Date

EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, 145–73–0021 ..... Original ...... July 23, 2004. –145MR, –145LR, –145XR, –145MP, and –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, 145–73–0022 ..... 01 ...... July 15, 2004. –145MR, –145LR, -145XR, –145MP, and –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, 145–73–0023 ..... Original ...... June 28, 2004. –145MR, –145LR, –145XR, –145MP, and –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, 145–73–0024 ..... 01 ...... July 15, 2004. –145MR, –145LR, –145XR, –145MP, and –145EP. EMB–135ER, –135KE, –135KL, –135LR, –145, –145ER, 145–73–0025 ..... Original ...... July 23, 2004. –145MR, –145LR, –145XR, –145MP, and –145EP. EMB–145XR ...... 145–73–0026 ..... Original ...... June 28, 2004. EMB–135BJ ...... 145LEG–73– 01 ...... July 15, 2004. 0003. EMB–135BJ ...... 145LEG–73– 02 ...... October 6, 2004. 0004.

Alternative Methods of Compliance Issued in Renton, Washington, on August SOCIAL SECURITY ADMINISTRATION (AMOCs) 9, 2005. (i) The Manager, International Branch, Ali Bahrami, 20 CFR Part 404 ANM–116, Transport Airplane Directorate, Manager, Transport Airplane Directorate, [Regulation No. 4] FAA, has the authority to approve AMOCs Aircraft Certification Service. for this AD, if requested in accordance with [FR Doc. 05–16262 Filed 8–16–05; 8:45 am] RIN 0960–AF34 the procedures found in 14 CFR 39.19. BILLING CODE 4910–13–P Revised Medical Criteria for Evaluating Related Information Visual Disorders (j) Brazilian airworthiness directive 2004– 01–02R2, dated November 29, 2004, also AGENCY: Social Security Administration. addresses the subject of this AD. ACTION: Proposed rules.

SUMMARY: We propose to revise the criteria in the Listing of Impairments (the listings) that we use to evaluate

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claims involving visual disorders. We Specialist, Office of Disability and blindness if you are disabled or blind apply these criteria when you claim Income Security Programs, Social and have limited income and resources. benefits based on disability under title Security Administration, 100 Altmeyer, II and title XVI of the Social Security 6401 Security Boulevard, Baltimore, How Do We Define Blindness? Act (the Act). The proposed revisions Maryland 21235–6401, (410) 965–0020 For both the title II and title XVI reflect our program experience and or TTY (410) 966–5609. For information programs, the Act defines blindness as advances in medical knowledge, on eligibility or filing for benefits, call ‘‘central visual acuity of 20/200 or less treatment, and methods of evaluating our national toll-free number, 1–800– in the better eye with the use of a visual disorders. 772–1213 or TTY 1–800–325–0778, or correcting lens. An eye which is DATES: To be sure your comments are visit our Internet Web site, Social accompanied by a limitation in the considered, we must receive them by Security Online, at http:// fields of vision such that the widest October 17, 2005. www.socialsecurity.gov. diameter of the visual field subtends an ADDRESSES: You may give us your SUPPLEMENTARY INFORMATION: angle no greater than 20 degrees shall be comments by: using our Internet site considered * * * as having a central facility (i.e., Social Security Online) at What Programs Would These Proposed visual acuity of 20/200 or less.’’ http://policy.ssa.gov/pnpublic.nsf/ Regulations Affect? (Sections 216(i)(1) and 1614(a)(2) of the LawsRegs or the Federal eRulemaking These proposed regulations would Act.) Portal at http://www.regulations.gov; e- affect disability and blindness If you are seeking benefits under title mail to [email protected]; telefax to determinations and decisions that we II, your blindness generally must meet (410) 966–2830; or by letter to the make under title II and title XVI of the the 12-month statutory duration Commissioner of Social Security, P.O. Act. In addition, to the extent that Box 17703, Baltimore, Maryland 21235– requirement. However, if you are Medicare entitlement and Medicaid seeking payments under title XVI of the 7703. You may also deliver them to the eligibility are based on whether you Office of Regulations, Social Security Act, your blindness need not meet the qualify for disability or blindness 12-month statutory duration Administration, 100 Altmeyer Building, benefits under title II or title XVI, these 6401 Security Boulevard, Baltimore, requirement. Also, if you are seeking proposed regulations also would affect payments under title XVI of the Act, Maryland 21235–6401, between 8 a.m. the Medicare and Medicaid programs. and 4:30 p.m. on regular business days. there is no requirement that you be Comments are posted on our Internet Who Can Get Disability or Blindness unable to do any substantial gainful site at http://policy.ssa.gov/ Benefits? activity (SGA). However, if you are working, we will consider your earnings pnpublic.nsf/LawsRegs or you may Under title II of the Act, we provide to determine if you are eligible for SSI inspect them on regular business days for the payment of disability benefits, payments. by making arrangements with the including disability benefits based on contact person shown in this preamble. blindness, if you are disabled and How Do We Define Disability? Electronic Version: The electronic file belong to one of the following three of this document is available on the date groups: Under both the title II and title XVI of publication in the Federal Register at • Workers insured under the Act; programs, disability must be the result http://www.gpoaccess.gov/fr/ • Children of insured workers; and of any medically determinable physical index.html. It is also available on the • Widows, widowers, and surviving or mental impairment or combination of Internet site for SSA (i.e., Social divorced spouses (see 20 CFR 404.336) impairments that is expected to result in Security Online) at http:// of insured workers. death or which has lasted or is expected policy.ssa.gov/pnpublic.nsf/LawsRegs. Under title XVI of the Act, we provide to last for a continuous period of at least FOR FURTHER INFORMATION CONTACT: for Supplemental Security Income (SSI) 12 months. Our definitions of disability Robert Augustine, Social Insurance payments on the basis of disability or are shown in the following table:

Disability means you have a medically determinable impairment(s) as If you file a claim under * * * And you are * * * described above and that results in * * *

title II ...... an adult or a child ...... the inability to do any SGA. title XVI ...... a person age 18 or older ...... the inability to do any SGA. title XVI ...... a person under age 18 ...... marked and severe functional limitations.

There is also an additional definition doing any gainful activity without determinations or decisions of of disability if you are seeking benefits considering vocational factors, or that disability. The listings are in two parts. under title II of the Act, have attained result in ‘‘marked and severe functional There are listings for adults (part A) and age 55, and have blindness as defined in limitations’’ in children seeking SSI for children (part B). If you are a person section 216(i)(1) of the Act: Disability payments based on disability under title age 18 or over, we apply the listings in means that the blindness has resulted in XVI of the Act. Although we publish the part A when we assess your claim, and the inability to engage in SGA requiring listings only in appendix 1 to subpart P we never use the listings in part B. skills or abilities comparable to those of of part 404 of our rules, we incorporate If you are an individual under age 18, any gainful activity in which you them by reference in the SSI program in we first use the criteria in part B of the previously engaged with some regularity § 416.925 of our regulations, and apply listings. If the listings in part B do not and over a substantial period of time. them to claims under both title II and apply, and the specific disease title XVI of the Act. process(es) has a similar effect on adults What are the Listings? and children, we then use the criteria in The listings are examples of How Do We Use the Listings? part A. (See §§ 404.1525 and 416.925.) impairments that we consider severe We generally use the medical criteria If your impairment(s) does not meet enough to prevent an individual from in the listings only to make the criteria in any listing, we will also

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consider whether it medically equals published final rules that included (Ophthalmoplegia is paralysis of the eye any listing; that is, whether it is as revisions to the special senses and muscles.) As the causes of this disorder medically severe as the criteria in the speech listings in the Federal Register are now more readily detectable and listed impairment. (See §§ 404.1526 and on December 6, 1985 (50 FR 50068). We treatable, this disorder has become 416.926.) last published final rules making extremely rare. Therefore, we propose to We will never deny your claim or comprehensive revisions to the part A remove both the current listing and the decide that you no longer qualify for special senses and speech listings in the guidance in the introductory text that benefits because your impairment(s) Federal Register on March 27, 1979 (44 addresses this disorder. Instead, we does not meet or medically equal a FR 18170), and final rules making would evaluate total bilateral listing. If you have a severe comprehensive revisions to the part B ophthalmoplegia and other eye muscle impairment(s) that does not meet or special senses and speech listings on disorders by assessing the impact of medically equal any listing, we may still March 16, 1977 (42 FR 14705). The such disorders on your visual efficiency find you disabled based on other rules current special senses and speech under proposed listing 2.04, or based on in the ‘‘sequential evaluation process’’ listings will no longer be effective on your actual visual functioning. that we use to evaluate all disability July 2, 2005, unless we extend them, or The first paragraph of current 2.00A6, claims. (See §§ 404.1520, 416.920, and revise and issue them again. ‘‘Special situations,’’ explains how we 416.924.) Also, when we conduct reviews to When Will We Start To Use These calculate visual acuity efficiency for determine whether your disability Proposed Rules? individuals with aphakia (the absence of the anatomical lens of the eye). continues, we will not find that your We will not use these proposed rules disability has ended based only on any Advances in technology have led to the until we evaluate the public comments development of effective synthetic changes in the listings. Our regulations we receive on them, determine whether explain that, when we change our intraocular lenses. Also, contact lenses to issue them as final rules, and issue have been technically refined and may listings, we continue to use our prior final rules in the Federal Register. If we listings when we review your case, if be used in those instances in which the publish final rules, we will explain in anatomical lens is not replaced with a you qualified for disability benefits or the preamble how we will apply them, SSI payments based on our synthetic lens. Because the synthetic and we will summarize and respond to intraocular lens or the contact lens determination or decision that your the major public comments. Until the impairment(s) met or medically equaled corrects both the visual acuity and the effective date of any final rules, we will visual field, we would compute the the listings. In these cases, we continue to use our current rules. determine whether you have visual acuity efficiency or visual field experienced medical improvement, and How Long Would These Proposed Rules efficiency as though the eye had an if so, whether the medical improvement Be Effective? anatomical lens. Therefore, we no longer need this guidance. is related to the ability to work. If your If we publish these proposed rules as condition(s) has medically improved so final rules, they will remain in effect for We propose to reorganize and expand that you no longer meet or medically 8 years after the date they become the rest of the current introductory text equal the prior listing, we evaluate your effective, unless we extend them, or for visual disorders to provide case further to determine whether you revise and issue them again. additional guidance. The following is a are currently disabled. We may find that detailed explanation of the proposed you are currently disabled, depending How Are We Proposing To Change the introductory text. on the full circumstances of your case. Introductory Text to the Special Senses (See §§ 404.1594(c)(3)(i) and and Speech Listings for Adults? Proposed 2.00A—How Do We Evaluate Visual Disorders? 416.994(b)(2)(iv)(A)). If you are a child 2.00 Special Senses and Speech who is eligible for SSI payments, we We propose to remove the following This section corresponds to current follow a similar rule after we decide that 2.00A, ‘‘Disorders of Vision.’’ We you have experienced medical sections of current 2.00: • The last paragraph of 2.00A3, propose to clarify the information in the improvement in your condition(s). See current section by reorganizing the § 416.994a(b)(2). ‘‘Field of vision.’’ • Paragraph 2.00A4, ‘‘Muscle material into eight subsections and by Why Are We Proposing To Revise the function.’’ providing additional guidance as Listings for Visual Disorders? • The first paragraph of 2.00A6, explained below. We are proposing these revisions to ‘‘Special situations.’’ Proposed 2.00A1—What Are Visual update the medical criteria in the The last paragraph of current 2.00A3, Disorders? listings for visual disorders and to ‘‘Field of vision,’’ explains that when provide more information about how we the visual field loss is predominantly in This proposed section corresponds to evaluate visual disorders. We are not the lower visual fields, a system such as current 2.00A1, ‘‘Causes of proposing any changes here to the the weighted grid scale for perimetric impairment.’’ We propose to make listings for disturbances of labyrinthine- fields as described by B. Esterman in nonsubstantive editorial changes for vestibular function (listing 2.07), 1968 may be used for determining clarity. hearing impairments (listings 2.08 and whether the visual field loss is Proposed 2.00A2—What Is Statutory 102.08), and loss of speech (listing 2.09). comparable to that described in table 2 Blindness? However, we intend to publish in section 2.00 of the listings. As this separately proposed rules that would kind of scale is rarely used, we believe This proposed section would revise update the criteria for those disorders. that we no longer need this guidance in current 2.00A7, ‘‘Statutory blindness,’’ On April 24, 2002, we published final the introductory text. to include the statutory definition. We rules in the Federal Register (67 FR Current 2.00A4, ‘‘Muscle function,’’ also propose to update the references to 20018) that included technical revisions describes the type of impairment the listings that show statutory to the listings for special senses and evaluated under current listing 2.06, blindness to reflect the revised listing speech disorders. Prior to this, we ‘‘Total bilateral ophthalmoplegia.’’ criteria.

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Proposed 2.00A3—What Evidence Do with corrective lenses. Because pinhole acceptable automated perimeter and the We Need To Establish Statutory testing may underestimate or Octopus perimeter is not widely used in Blindness Under Title XVI? overestimate your visual acuity, we will the United States. In proposed 2.00A6a(iii), we describe In this new section, we propose to not use it to determine your best- the requirements of an acceptable explain that when we make a corrected visual acuity. automated static threshold perimetry determination or decision that you have Proposed 2.00A6—How Do We Measure test. statutory blindness under title XVI, we Visual Fields? In proposed 2.00A6a(iv), we explain require evidence showing only that the This section would replace current that to determine statutory blindness, statutory criteria are satisfied; we do not 2.00A3, ‘‘Field of vision.’’ Current we need a test that measures the central need evidence to document the visual 2.00A3 indicates that we will use ‘‘usual 24 to 30 degrees of the visual field. We disorder that causes the blindness. We perimetric methods’’ or other also provide examples of acceptable also propose to explain that there is no ‘‘comparable perimetric devices’’ to tests. duration requirement for statutory measure the size of the visual field. The In proposed 2.00A6a(v), we explain blindness under title XVI. Goldmann perimeter is specifically that to determine if the criterion in We propose to add this section cited as a comparable perimetric device. 2.03B is met, we need a test, performed because blindness is treated differently In its 2002 report, Visual on a Humphrey field analyzer, that under title II and title XVI of the Act. Impairments: Determining Eligibility for measures the central 30 degrees of the Under title II, blindness is generally Social Security Benefits, the National visual field. We explain that we can use evaluated in the same way as other Research Council’s (NRC’s) Committee comparable results from other medical impairments. Under title XVI, on Disability Determination for acceptable perimeters, and we provide blindness and disability are separate Individuals with Visual Impairments an example of a comparable result. We categories, and the requirements for stated, as part of its recommendations also explain that we cannot use tests eligibility based on blindness are for improvements to assessing visual that do not measure the central 30 different from the requirements for field loss, ‘‘the current SSA standard degrees of the visual field, such as the eligibility based on disability. should be revised so that disability Humphrey 24–2 test, to determine if Proposed 2.00A4—What Evidence Do determinations are based on the results your impairment meets or medically We Need to Evaluate Visual Disorders, of automated static projection perimetry equals listing 2.03B. This criterion, Including Those That Result in rather than Goldmann (kinetic, which we are proposing in listing 2.03B, Statutory Blindness Under Title II? nonautomated) visual fields.’’ (See the adopts the NRC’s recommendation in its full citation at the end of this preamble.) 2002 report that we require a test We propose to revise the last sentence These proposed rules would partially measuring the central 30 degrees of the of current 2.00A1 to explain what adopt this recommendation and provide visual field. evidence we need to evaluate a visual that we will use visual field In proposed 2.00A6a(vi), we explain disorder. measurements obtained with an that we measure the extent of visual Proposed 2.00A5—How Do We Measure automated static threshold perimetry field loss by determining the portion of Best-Corrected Visual Acuity? test performed on a perimeter that meets the visual field in which you can see a our requirements. However, we will also white III4e stimulus. This stimulus We propose to revise the guidance in continue to use comparable visual field specification is the same as the the second sentence of current 2.00A2, measurements obtained with Goldmann specification in the second paragraph of ‘‘Visual acuity,’’ by providing that, in or other kinetic perimetry. current 2.00A3. addition to testing that uses Snellen In proposed 2.00A6a(i), we explain In proposed 2.00A6a(vii), we explain methodology, we may also use visual when we need visual field testing. that we need to determine the decibel acuity measurements obtained using In proposed 2.00A6a(ii), we explain (dB) level that corresponds to a 4e another testing methodology that is that when we need to measure the intensity for the particular perimeter comparable to Snellen methodology. We extent of your visual field loss, we will being used. We further explain that we also propose to clarify what constitutes use visual field measurements obtained will then use the dB printout to best-corrected visual acuity and to add with an automated static threshold determine which points would be seen guidance indicating that we will not use perimetry test performed on a perimeter at the 4e intensity level. We also give an the results of visual evoked response that meets our requirements. We example which explains that, for tests testing or pinhole testing to determine adopted as our requirements the criteria performed on Humphrey perimeters, best-corrected visual acuity. recommended in the NRC report any point seen at 10 dB or higher is a Visual evoked response testing referred to above. We propose to cite the point that would be seen with a 4e evaluates the function of the visual Humphrey Field Analyzer as an stimulus. pathways from the retina, along the example of an acceptable perimeter In proposed 2.00A6a(viii), we explain optic nerve and optic tract, to the vision because the NRC report cited it, and the that we can also use visual field cortex in the occipital lobe of the brain. Humphrey Field Analyzer is the most measurements obtained using kinetic While this testing can provide an widely used automated perimeter in the perimetry, such as the Humphrey ‘‘SSA estimate of visual acuity, it is not a United States that is used to perform Test Kinetic’’ or Goldmann perimetry. direct measure of visual acuity. this type of test. We contracted with West Virginia Pinhole testing is used to determine The NRC report also cited the University to conduct research to whether your visual acuity can be Octopus perimeter as another example determine whether the Humphrey ‘‘SSA improved with a corrective lens. of an automated perimeter that meets Test Kinetic’’ is comparable to However, you may not have the same the criteria set out in its Goldmann perimetry. This research, degree of correction with corrective recommendations. We have not which was completed in April 2000, lenses that you have with pinholes. included the Octopus perimeter as an showed that the Humphrey ‘‘SSA Test Additionally, even though pinhole example of an acceptable perimeter in Kinetic’’ is comparable to Goldmann testing fails to show an improvement in proposed 2.00A6a(ii), because it is not perimetry, except that the Humphrey your acuity, your acuity may improve our intention to list in these rules every ‘‘SSA Test Kinetic’’ does not identify

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scotomata, that is, non-seeing areas in current listing 2.04, which we are Proposed 2.00C—How Do We Evaluate the visual field surrounded by seeing proposing to delete because it is Impairments That Do Not Meet One of areas. Therefore, we propose to provide redundant. the Special Senses and Speech Listings? that if we need additional information We propose to revise the guidance in because your visual disorder has Proposed 2.00A8—How Do We Evaluate Specific Visual Problems? the second paragraph of current 2.00A6 progressed to the point where it is likely by stating our basic adjudicative to result in a significant limitation in the This section would replace current principle that if the impairment(s) does central visual field, such as a scotoma, 2.00A6, ‘‘Special situations.’’ In this not meet or medically equal the criteria we will supplement the automated section, we propose to add guidance for of a listing in this body system, we must kinetic perimetry with the results of a evaluating specific visual problems. The consider whether it meets or medically Humphrey 30–2 or comparable test. equals the criteria of a listing in another In proposed 2.00A6a(ix), we explain following is a discussion of the body system. If not, we must continue that we will not use the results of visual proposed section. the sequential evaluation process (see field screening tests, such as Proposed 2.00A8a—Statutory Blindness §§ 404.1520 and 416.920) to determine confrontation tests, tangent screen tests, whether you are disabled or continue to or automated static screening tests, to In this proposed section, we would be disabled (see §§ 404.1594, 416.994 determine that your impairment meets codify in our regulations a longstanding and 416.994a). This new section would or medically equals a listing or to procedure. The most commonly used apply to all the impairments in this evaluate your residual functional visual acuity test charts are charts based body system, not just visual disorders. capacity. We also explain that we can on Snellen methodology. These charts use normal results from visual field usually do not measure visual acuity How Are We Proposing To Change the screening tests to determine whether the between 20/100 and 20/200. Therefore, Criteria in the Special Senses and impact of your visual disorder on your if you are unable to read any of the Speech Listings for Adults? visual field is severe when these results letters on the 20/100 line on a test chart are consistent with the other evidence 2.01 Category of Impairments, Special based on Snellen methodology, your Senses and Speech in your case record. We would also list visual acuity will be assessed as 20/200 some circumstances under which we or less. We propose to remove the reservation will not consider normal test results to for listing 2.05 because it is no longer be consistent with the other evidence in There are newer test charts (not yet needed. We also propose to remove the file. widely used, but comparable to charts current listing 2.06, ‘‘Total bilateral Consistent with our proposed removal based on Snellen methodology) that ophthalmoplegia,’’ for the reasons cited of the guidance on aphakia, we propose provide measurements of visual acuity above in the explanation of the to remove the stimulus specifications between 20/100 and 20/200. Based on proposed removal of current 2.00A4, used to test individuals with aphakia medical literature, we know that if your ‘‘Muscle function.’’ contained in the first two paragraphs of visual acuity is between 20/100 and 20/ current 2.00A3. 200 as measured on those newer test Proposed Listing 2.02—Loss of Visual In proposed 2.00A6b, we would charts, it would be 20/200 if it were Acuity revise the guidance in the first measured using the more common chart This proposed listing corresponds to paragraph of current 2.00A3 on the use based on Snellen methodology. We current listing 2.02, ‘‘Impairment of of corrective lenses during visual field explain in the proposed section that if visual acuity.’’ We propose to change testing. We propose to explain that your visual acuity is measured using the heading to be consistent with other eyeglasses must not be worn during the one of these newer charts, and you language in these proposed rules. visual field examination because they cannot read any of the letters on the 20/ Proposed Listing 2.03—Contraction of limit your field of vision, but contact 100 line, we will determine that you the Visual Field in the Better Eye lenses or perimetric lenses may be used have statutory blindness based on a in order to obtain the most accurate visual acuity of 20/200 or less. We also This proposed listing corresponds to visual field measurements. We also provide that, regardless of the type of current listing 2.03, ‘‘Contraction of provide that, for this single purpose, test chart used, you do not have peripheral visual fields in the better you do not need to demonstrate that you statutory blindness if you can read at eye.’’ We propose to remove current have the ability to use the contact or least one letter on the 20/100 line. listing 2.03A, which provides that an perimetric lenses on a sustained basis. individual’s visual field loss is of Proposed 2.00A8b—Blepharospasm listing-level severity when the field is Proposed 2.00A7—How Do We contracted to 10 degrees or less from the We propose to describe the disorder Calculate Visual Efficiency? point of fixation. Current listing 2.03B and explain that we must consider how In this proposed section, we would provides that an individual’s visual the involuntary blinking that expand the guidance in current 2.00A5, field loss is of listing-level severity if characterizes it can affect your ability to ‘‘Visual efficiency,’’ by explaining how that loss results in the widest diameter maintain the measured visual acuities we calculate visual acuity efficiency, of the field subtending an angle no visual field efficiency, and visual and visual fields over time. greater than 20 degrees. Any visual field efficiency. The provisions in proposed Proposed 2.00A8c—Scotoma loss that satisfies the criterion in current 2.00A7b are based on the first sentence listing 2.03A will also satisfy the of paragraph 2 of the explanatory text We propose to define the term criterion in current listing 2.03B. following Table 2 in the current rules. scotoma as a non-seeing area in the Therefore, current listing 2.03A is As we explain below, we are proposing visual field surrounded by a seeing area. unnecessary. We also propose to to delete that sentence because we are We also explain that when we measure redesignate current listing 2.03B as moving it here. The provisions in your visual field, we will subtract the listing 2.03A, and to make proposed 2.00A7c are based on the length of any scotoma, other than the nonsubstantive editorial changes. current language of 2.00A5 as well as normal blind spot, from the overall In its 2002 report, the NRC suggested the parenthetical statement at the end of length of any diameter on which it falls. that a mean deviation (MD) of ¥22 or

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worse on an automated static threshold explanation of proposed 2.00A, the included a different example because perimetry test measuring the central 30 following discussions describe only stroke is not likely to occur in children. degrees of the visual field ‘‘would serve those provisions that are unique to the Proposed 102.00A4c is the same as as a reasonable criterion for disability childhood rules or that require further proposed 2.00A4c. determination.’’ (See the full citation at explanation specific to evaluating Proposed 102.00A5—How Do We the end of this preamble.) We agree with disability in children. Measure Best-Corrected Visual Acuity? the NRC and would add this criterion as We propose to remove the second proposed listing 2.03B. paragraph of current 102.00A, ‘‘Visual In this section, we propose to revise Proposed listing 2.03C corresponds to impairments in children.’’ This the guidance in the first paragraph of current listing 2.03C. We propose to paragraph indicates that the current 102.00A. In proposed 102.00A5, clarify the criterion by indicating that a accommodative reflex is generally not we would repeat the guidance in determination of visual field efficiency present in children under 6 months of proposed 2.00A5. We also discuss, in must be based on kinetic visual field age (or, for a premature child, until 6 proposed 102.00A5a, comparable visual testing. months of age plus the number of acuity testing for children who are months the child is premature). It also unable to participate in testing using Proposed Listing 2.04—Loss of Visual provides that the absence of this reflex Snellen methodology, for example, Efficiency should be considered indicative of a because they are too young, and add This proposed listing corresponds to visual impairment only in children guidance for how we propose to current listing 2.04, ‘‘Loss of visual above this age. We include this evaluate children who are unable to efficiency.’’ As already explained, we guidance in the current rules to explain participate in testing using Snellen propose to remove the parenthetical that it is not appropriate to use the methodology or other comparable statement at the end of the current criterion in current listing 102.02B1 testing. listing because it is redundant. until the child has reached the required However, we propose to add a reference Proposed 102.00A6—How Do We age. However, in these proposed Measure Visual Fields? to that section of the proposed preface listings, current listing 102.02B1 would as a reminder of where this guidance is be incorporated into the more general In this section, we propose to repeat contained. category of abnormal anatomical the guidance in 2.00A6 with the findings evaluated under proposed following exceptions: Proposed Table 1—Percentage of Visual • We would not include macular listing 102.02B2. As the lack of the Acuity Efficiency Corresponding to the edema as an example of a visual accommodative reflex would not be Best-Corrected Visual Acuity disorder that could result in visual field considered an abnormal anatomical Measurement for Distance in the Better loss because this disorder is not likely finding in very young children, its Eye to occur in children. absence would not satisfy the proposed To be consistent with our proposed • We would revise the guidance in listing criterion. Therefore, we no longer removal of the introductory text on the first paragraph of proposed aphakia, we propose to remove the need this explanation. 2.00A6a(ix) to include an additional columns and guidance addressing Proposed 102.00A1—What Are Visual way we evaluate disability claims of aphakia from current Table 1. We also Disorders? children who are filing for or are propose to remove the entries for visual In this section, we would expand the receiving SSI payments. acuities worse than 20/100 for the guidance in proposed 2.00A1 to indicate Proposed 102.00C—How Do We reasons we gave under the explanation that a loss of visual acuity may affect Evaluate Impairments That Do Not Meet of proposed 2.00A8a. other age-appropriate activities. We One of the Special Senses and Speech Proposed Table 2—Charts of Visual added this example to reflect the way Listings? Fields we evaluate disability claims of children In this section, we repeat the guidance We propose to remove the first who are filing for or are receiving SSI in proposed 2.00C, but include the sentence of current paragraph 2 in the payments. definition of disability for children who explanation of how to use Table 2, Proposed 102.00A2—What Is Statutory are filing for or are receiving SSI which provides instructions for Blindness? payments. calculating the percent of visual field In this section, we repeat the guidance efficiency, since this provision has been How Are We Proposing To Change the in proposed 2.00A2, but refer to the moved to proposed 2.00A7b. We also Criteria in the Special Senses and childhood listings that show statutory propose to make nonsubstantive Speech Listings for Children? blindness. editorial changes for clarity. 102.01 Category of Impairments, Proposed 102.00A4—What Evidence Do How Are We Proposing To Change the Special Sense Organs We Need To Evaluate Visual Disorders, Introductory Text to the Special Senses We propose to add new listings Including Those That Result in Listings for Children? 102.03, ‘‘Contraction of the visual field Statutory Blindness Under Title II? in the better eye,’’ and 102.04, ‘‘Loss of 102.00 Special Senses and Speech In this section, we propose to include visual efficiency,’’ because they apply to Except for minor editorial changes, more detailed guidance than we now children as well as adults. Due to the we have repeated much of the have in the third paragraph of current addition of these listings, we also introductory text of proposed 2.00A in 102.00A. In proposed 102.00A4a, we propose to add Table 1, ‘‘Percentage of the introductory text to proposed repeat the guidance in proposed section Visual Acuity Efficiency Corresponding 102.00A. This is because the same basic 2.00A4a. Proposed 102.00A4b is also to the Best-Corrected Visual Acuity rules for establishing and evaluating the the same as proposed 2.00A4b, except Measurements for Distance in the Better existence and severity of visual that we include ‘‘near drowning’’ rather Eye,’’ and Table 2, ‘‘Charts of Visual disorders in adults also apply to than ‘‘stroke’’ as an example of a Fields.’’ children. Because we have already catastrophic event that could result in These proposed new listings and described these provisions under the cortical blindness in children. We have tables are identical to the corresponding

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adult listings and tables. Currently, we • Would more (but shorter) sections within 30 days of publication. To use listings 2.03 and 2.04 (and their be better? receive a copy of the OMB clearance corresponding tables) to evaluate • Could we improve clarity by adding package, you may call the SSA Reports children with visual field and visual tables, lists, or diagrams? Clearance Officer on 410–965–0454. efficiency impairments. With proposed • What else could we do to make the References listings 102.03 and 102.04 we would no rules easier to understand? longer need to refer to the listings in We consulted the following sources Regulatory Procedures part A when we evaluate these when developing these proposed rules: impairments in children. Executive Order 12866 Judie Charlton, MD, et al. ‘‘A Comparison of Manual and Automated We have consulted with the Office of Proposed Listing 102.02—Loss of Visual Kinetic Perimetry.’’ Final Report: SSA– Management and Budget (OMB) and Acuity RFP–98–3537, n.d. determined that these proposed rules This proposed listing corresponds to National Research Council, meet the requirements for a significant current listing 102.02, ‘‘Impairments of Committee on Vision, Commission on regulatory action under Executive Order visual acuity.’’ We are not proposing Behavioral and Social Sciences and 12866, as amended by Executive Order any changes to current listing 102.02A. Education. Measurement of Visual Field 13258. Thus, they were subject to OMB We use current listing 102.02B to and Visual Acuity for Disability review. evaluate visual acuity impairments in Determination. Washington, DC: children below 3 years of age at the time Regulatory Flexibility Act National Academy Press, 1994. of adjudication. We propose to remove National Research Council, the age criterion and instead to provide We certify that these proposed rules would not have a significant economic Committee on Disability Determination that the listing will be used to evaluate for Individuals With Visual a visual acuity disorder in any child impact on a substantial number of small entities because they would affect only Impairments. Visual Impairments: who is unable to participate in testing Determining Eligibility for Social using Snellen methodology or other individuals. Thus, a regulatory flexibility analysis as provided in the Security Benefits. Washington, DC: comparable visual acuity testing, and National Academy Press, 2002 who has specified abnormal anatomical Regulatory Flexibility Act, as amended, is not required. (available at http://www.nap.edu/ findings. catalog/10320.html?se_side). The criteria in current listing 102.02B Paperwork Reduction Act American Medical Association. are all examples of abnormal anatomical These proposed rules contain Guides to the Evaluation of Permanent findings observable during a clinical eye reporting requirements at 2.00A and Impairment. Fifth edition, AMA Press, examination. When present in the better 102.00A. The public reporting burden is 2001:252, 287–295. eye, these abnormal anatomical findings accounted for in the Information These references are included in the would be expected to result in the Collection Requests for the various rulemaking record for these proposed absence of fixation and visual following forms that the public uses to submit rules and are available for inspection by behavior, and would indicate a visual information to SSA. Consequently, a 1- interested individuals by making acuity of 20/200 or worse. Rather than hour placeholder burden is being arrangements with the contact person list each type of abnormal anatomical assigned to the specific reporting shown in this preamble. finding, we propose to combine the requirement(s) contained in these rules. (Catalog of Federal Domestic Assistance current criteria into a general category of We are seeking clearance of the burden Program Nos. 96.001, Social Security- abnormal physical findings in proposed referenced in these rules because they Disability Insurance; 96.002, Social Security- listing 102.02B1. Proposed listings were not considered during the Retirement Insurance; 96.004, Social 102.02B2 and 102.02B3 would add clearance of the forms. An Information Security-Survivors Insurance; and 96.006, criteria for impairments that generally Supplemental Security Income) Collection Request has been submitted are not observable during a clinical eye to OMB. We are soliciting comments on examination, but are diagnosed based List of Subjects in 20 CFR Part 404 the burden estimate; the need for the on abnormal neuroimaging or an information; its practical utility; ways to Administrative practice and abnormal electroretinogram. enhance its quality, utility and clarity; procedure, Blind, Disability benefits, Clarity of These Proposed Rules and on ways to minimize the burden on Old-Age, Survivors, and Disability Insurance, Reporting and recordkeeping Executive Order 12866, as amended respondents, including the use of requirements, Social Security. by Executive Order 13258, requires each automated collection techniques or agency to write all rules in plain other forms of information technology. Dated: May 11, 2005. language. In addition to your Comments should be submitted or faxed Jo Anne B. Barnhart, substantive comments on these to the Office of Management and Budget Commissioner of Social Security. proposed rules, we invite your and to the Social Security For the reasons set forth in the comments on how to make these Administration at the following preamble, we propose to amend subpart proposed rules easier to understand. For addresses/numbers: Office of P of part 404 of chapter III of title 20 of example: Management and Budget, Attn: Desk the Code of Federal Regulations as set • Have we organized the material to Officer for SSA, Fax Number: 202–395– forth below: suit your needs? 6974. Social Security Administration, • Are the requirements in the rules Attn: SSA Reports Clearance Officer, PART 404—FEDERAL OLD-AGE, clearly stated? Rm. 1338 Annex Building, 6401 SURVIVORS AND DISABILITY • Do the rules contain technical Security Boulevard, Baltimore, MD INSURANCE (1950-) language or jargon that is not clear? 21235–6401, Fax Number: 410–965– • Would a different format (grouping 6400. 1. The authority citation for subpart P and order of sections, use of headings, Comments can be received for up to of part 404 continues to read as follows: paragraphing) make the rules easier to 60 days after publication of this notice Authority: Secs. 202, 205(a), (b), and (d)- understand? and will be most useful if received (h), 216(i), 221(a) and (i), 222(c), 223, 225,

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and 702(a)(5) of the Social Security Act (42 considered as having visual acuity of 20/200 determine whether your loss of visual acuity U.S.C. 402, 405(a), (b), and (d)-(h), 416(i), or less. You have statutory blindness if your satisfies the criteria in 2.02. 421(a) and (i), 422(c), 423, 425, and visual disorder meets the criteria of 2.02 or 902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 2.03A. 6. How Do We Measure Visual Fields? Stat. 2105, 2189. a. Testing for visual fields. 3. What Evidence Do We Need To Establish Statutory Blindness Under Title XVI? i. We generally need visual field testing Appendix 1 to Subpart P of Part 404— when you have a visual disorder that could [Amended] For title XVI, the only evidence we need result in visual field loss, such as glaucoma, 2. Appendix 1 to subpart P of part 404 to establish statutory blindness is evidence retinitis pigmentosa, macular edema, or optic showing that your visual acuity or visual neuropathy, or when you display behaviors is amended as follows: field, in the better eye, meets the criteria in that suggest a visual field loss. a. Item 3 of the introductory text A2 above, provided that those measurements ii. When we need to measure the extent of before part A of appendix 1 is amended are consistent with the other evidence in by revising the expiration date. your case record. We do not need to your visual field loss, we will use visual field b. Section 2.00A of part A of appendix document the cause of your blindness. Also, measurements obtained with an automated 1 is revised. there is no duration requirement for statutory static threshold perimetry test performed on c. Section 2.00C is added to part A of blindness under title XVI (see §§ 416.981 and a perimeter, like the Humphrey Field appendix 1. 416.983). Analyzer, that satisfies all of the following d. Listing 2.02 of part A of appendix requirements: 4. What Evidence Do We Need To Evaluate A. The perimeter must use optical 1 is amended by revising the heading. Visual Disorders, Including Those That e. Listing 2.03 of part A of appendix projection to generate the test stimuli. Result in Statutory Blindness Under Title II? B. The perimeter must have an internal 1 is revised. a. To evaluate your visual disorder, we normative database for automatically f. Listing 2.04 of part A of appendix usually need a report of an eye examination comparing your performance with that of the 1 is revised. that includes measurements of the best- general population. g. The reservation for listing 2.05 is corrected visual acuity or the extent of the C. The perimeter must have a statistical removed. visual fields, as appropriate. If there is a loss analysis package that is able to calculate h. Listing 2.06 of part A of appendix of visual acuity or visual fields, the cause of visual field indices, particularly mean 1 is removed the loss must be documented. A standard eye deviation. i. Tables 1 and 2 of section 2.01 of examination will usually reveal the cause of D. The perimeter must demonstrate the part A of appendix 1 are revised. any visual acuity loss. An eye examination ability to correctly detect visual field loss and j. Section 102.00A of part B of can also reveal the cause of some types of correctly identify normal visual fields. visual field deficits. If the eye examination appendix 1 is revised. E. The perimeter must demonstrate good does not reveal the cause of the visual loss, k. Section 102.00C is added to part B test-retest reliability. we will request the information that was of appendix. F. The perimeter must have undergone l. Listing 102.02 of part B of appendix used to establish the presence of the visual disorder. clinical validation studies by three or more 1 is revised. b. A diagnosis of cortical blindness independent laboratories with results m. Listing 102.03 is added to part B (blindness due to a brain lesion) must be published in peer-reviewed ophthalmic of appendix 1. confirmed by documentation of the journals. n. Listing 102.04 is added to part B of catastrophic event, such as a cardiac arrest or iii. The test must use a white size III appendix 1. stroke, that caused the brain lesion. If Goldmann stimulus and a 31.5 apostilb (10 o. Tables 1 and 2 are added to section neuroimaging was performed, we will cd/m2) white background. The stimuli 102.01 of part B of appendix 1. request a copy of the report or other medical locations must be no more than 6 degrees The revised text is set forth as follows: evidence that describes the findings in the apart horizontally or vertically. report. Measurements must be reported on standard Appendix 1 to Subpart P of Part 404— c. If your visual disorder does not satisfy charts and include a description of the size Listing of Impairments the criteria in 2.02, 2.03, or 2.04, we will also and intensity of the test stimulus. * * * * * request a description of how your visual iv. To determine statutory blindness, we 3. Special Senses and Speech (2.00 and disorder impacts your ability to function. need a test that measures the central 24 to 30 degrees of the visual field; that is, the area 102.00): (Insert date 8 years from the effective 5. How Do We Measure Best-Corrected Visual measuring 24 to 30 degrees from the point of date of the final rules). Acuity? fixation. Acceptable tests include the * * * * * a. Testing for visual acuity. When we need Humphrey 30–2 or 24–2 tests. Part A to measure your best-corrected visual acuity, v. To determine if the criterion in 2.03B is we will use visual acuity testing that was * * * * * met, we need a test performed on a carried out using Snellen methodology or any Humphrey field analyzer that measures the 2.00 SPECIAL SENSES AND SPEECH other testing methodology that is comparable central 30 degrees of the visual field. (We can to Snellen methodology. A. How do we evaluate visual disorders? also use comparable results from other b. Determining best-corrected visual acuity. acceptable perimeters, for example, a mean 1. What are visual disorders? Visual i. Best-corrected visual acuity is the defect of 22 on an acceptable Octopus test, disorders are abnormalities of the eye, the optimal visual acuity attainable with the use to determine that the criterion in 2.03B is optic nerve, the optic tracts, or the brain that of a corrective lens. In some instances, this met.) We cannot use tests that do not may cause a loss of visual acuity or visual assessment may be performed using a fields. A loss of visual acuity limits your specialized lens; for example, a contact lens. measure the central 30 degrees of the visual ability to distinguish detail, read, or do fine We will use the visual acuity measurements field, such as the Humphrey 24–2 test, to work. A loss of visual fields limits your obtained with a specialized lens only if you determine if your impairment meets or ability to perceive visual stimuli in the have demonstrated the ability to use the medically equals 2.03B. peripheral extent of vision. specialized lens on a sustained basis. vi. We measure the extent of visual field 2. What is statutory blindness? Statutory However, we will not use visual acuity loss by determining the portion of the visual blindness is blindness as defined in the measurements obtained with telescopic field in which you can see a white III4e Social Security Act (the Act). The Act defines lenses because they significantly reduce the stimulus. As indicated above, the ‘‘III’’ refers blindness as visual acuity of 20/200 or less visual field. Additionally, we will not use the to the standard Goldmann test stimulus size in the better eye with the use of a correcting results of visual evoked response testing or III. The ‘‘4e’’ refers to the standard Goldmann lens. The Act also provides that an eye that pinhole testing to determine best-corrected intensity filters used to determine the has a visual field limitation such that the visual acuity. intensity of the stimulus. widest diameter of the visual field subtends ii. We will use the best-corrected visual vii. In automated static threshold an angle no greater than 20 degrees is acuity for distance in the better eye when we perimetry, the intensity of the stimulus

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varies. The intensity of the stimulus is may be used to correct visual acuity during subtract the length of any scotoma, other than expressed in decibels (dB). We need to the visual field examination in order to the normal blind spot, from the overall length determine the dB level that corresponds to a obtain the most accurate visual field of any diameter on which it falls. 4e intensity for the particular perimeter being measurements. For this single purpose, you * * * * * used. We will then use the dB printout to do not need to demonstrate that you have the determine which points would be seen at a ability to use the contact or perimetric lenses C. How Do We Evaluate Impairments That Do 4e intensity level. For example, in Humphrey on a sustained basis. Not Meet One of the Special Senses and perimeters, a 10 dB stimulus is equivalent to Speech Listings? 7. How Do We Calculate Visual Efficiency? a 4e stimulus. A dB level that is higher than 1. These listings are only examples of 10 represents a dimmer stimulus, while a dB a. Visual acuity efficiency. We use the common special senses and speech disorders level that is lower than 10 represents a percentage shown in Table 1 that that we consider severe enough to prevent an brighter stimulus. Therefore, for tests corresponds to the best-corrected visual individual from doing any gainful activity. If performed on Humphrey perimeters, any acuity for distance in the better eye. point seen at 10 dB or higher is a point that b. Visual field efficiency. We use kinetic your impairment(s) does not meet the criteria would be seen with a 4e stimulus. perimetry to calculate visual field efficiency of any of these listings, we must also viii. We can also use visual field by adding the number of degrees seen along consider whether you have an impairment(s) measurements obtained using kinetic the eight principal meridians in the better that satisfies the criteria of a listing in perimetry, such as the Humphrey ‘‘SSA Test eye and dividing by 500. (See Table 2.) another body system. Kinetic’’ or Goldmann perimetry. The test c. Visual efficiency. We calculate the 2. If you have a medically determinable must use a white III4e stimulus projected on percent of visual efficiency by multiplying impairment(s) that does not meet a listing, a white 31.5 apostilb (10 cd/m2) background. the visual acuity efficiency by the visual field we will determine whether the impairment(s) In automated kinetic tests, such as the efficiency. medically equals a listing. (See §§ 404.1526 Humphrey ‘‘SSA Test Kinetic,’’ testing along and 416.926.) If you have an impairment(s) 8. How Do We Evaluate Specific Visual a meridian stops when you see the stimulus. that does not meet or medically equal a Problems? If we need additional information because listing, you may or may not have the residual your visual disorder has progressed to the a. Statutory blindness. Most test charts that functional capacity to engage in substantial point where it is likely to result in a use Snellen methodology do not measure gainful activity. Therefore, we proceed to the significant limitation in the central visual visual acuity between 20/100 and 20/200. fourth, and if necessary, the fifth steps of the field, such as a scotoma, we will supplement Newer test charts, such as the Bailey-Lovie or sequential evaluation process in §§ 404.1520 the automated kinetic perimetry with the the Early Treatment Diabetic Retinopathy and 416.920. When we decide whether you results of a Humphrey 30–2 or comparable Study (ETDRS), do measure visual acuity continue to be disabled, we use the rules in test. between 20/100 and 20/200. If your visual §§ 404.1594, 416.994, or 416.994a as ix. We will not use the results of visual acuity is measured with one of these newer appropriate. field screening tests, such as confrontation charts, and you cannot read any of the letters 2.01 Category of Impairments, Special on the 20/100 line, we will determine that tests, tangent screen tests, or automated static Senses and Speech you have statutory blindness based on a screening tests, to determine that your 2.02 Loss of visual acuity. Remaining visual acuity of 20/200 or less. Regardless of impairment meets or medically equals a vision in the better eye after best correction the type of test chart used, you do not have listing or to evaluate your residual functional is 20/200 or less. capacity. We will use normal results from statutory blindness if you can read at least one letter on the 20/100 line. 2.03 Contraction of the visual field in the visual field screening tests to determine better eye, with: whether the impact of your visual disorder b. Blepharospasm. This movement A. The widest diameter subtending an on your visual field is severe when these test disorder is characterized by repetitive, angle no greater than 20 degrees; results are consistent with the other evidence involuntary, bilateral eye blinking. It in your case record. We will not consider generally responds to therapy. When therapy OR normal test results to be consistent with the is not effective, we will evaluate this disorder B. A mean deviation of ¥22 or worse, other evidence if either of the following on the basis of clinical observations or visual determined by automated static threshold applies: behaviors. If you have this disorder, you may perimetry as described in 2.00A6a(v); A. The clinical findings indicate that your have measurable visual acuities and visual OR visual disorder has progressed to the point fields that do not satisfy the criteria of 2.02 C. A visual field efficiency of 20 percent that it is likely to cause visual field loss. or 2.03. However, we must consider how the B. You have a history of an operative involuntary blinking affects your ability to or less as determined by kinetic perimetry procedure for retinal detachment. maintain the measured visual acuities and (see 2.00A7b). b. Use of corrective lenses. You must not visual fields over time. 2.04 Loss of visual efficiency. Visual wear eyeglasses during the visual field c. Scotoma. A scotoma is a non-seeing area efficiency of the better eye of 20 percent or examination because they limit your field of in the visual field surrounded by a seeing less after best correction (see 2.00A7c). vision. Contact lenses or perimetric lenses area. When we measure the visual field, we * * * * *

TABLE 1.—PERCENTAGE OF VISUAL ACUITY EFFICIENCY CORRESPONDING TO THE BEST-CORRECTED VISUAL ACUITY MEASUREMENT FOR DISTANCE IN THE BETTER EYE

Snellen Percent visual acuity efficiency English Metric Phakic or Pseudophakic

20/16 6/5 100 20/20 6/6 100 20/25 6/7.5 95 20/32 6/10 90 20/40 6/12 85 20/50 6/15 75 20/64 6/20 65 20/80 6/24 60 20/100 6/30 50

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Table 2.—Chart of Visual Fields

1. The diagram of the right eye illustrates correcting lens. The Act also provides that an visual field deficits. If the eye examination the extent of a normal visual field as eye that has a visual field limitation such that does not reveal the cause of the visual loss, measured with a III4e stimulus. The sum of the widest diameter of the visual field we will request the information that was the eight principal meridians of this field is subtends an angle no greater than 20 degrees used to establish the presence of the visual 500 degrees. is considered as having visual acuity of 20/ disorder. 2. The diagram of the left eye illustrates a 200 or less. You have statutory blindness if b. A diagnosis of cortical blindness visual field contracted to 30 degrees in two your visual disorder meets the criteria of (blindness due to a brain lesion) must be meridians and to 20 degrees in the remaining 102.02A, 102.02B, or 102.03A. confirmed by documentation of the six meridians. The percent of visual field catastrophic event, such as a cardiac arrest or efficiency of this field is: (2 × 30) + (6 × 20) 3. What Evidence Do We Need To Establish near drowning, that caused the brain lesion. = 180 ÷ 500 = 0.36 or 36 percent visual field Statutory Blindness Under Title XVI? If neuroimaging was performed, we will efficiency. For title XVI, the only evidence we need request a copy of the report or other medical * * * * * to establish statutory blindness is evidence evidence that describes the findings in the showing that your visual acuity or visual report. Part B field, in the better eye, meets the criteria in c. If your visual disorder does not satisfy * * * * * A2 above, provided that those measurements the criteria in 102.02, 102.03, or 102.04, we are consistent with the other evidence in will also request a description of how your 102.00 SPECIAL SENSES AND SPEECH your case record. We do not need to visual disorder impacts your ability to A. How Do We Evaluate Visual Disorders? document the cause of your blindness. Also, function. there is no duration requirement for statutory 1. What Are Visual Disorders? blindness under title XVI (see §§ 416.981 and 5. How Do We Measure Best-Corrected Visual Visual disorders are abnormalities of the 416.983). Acuity? eye, the optic nerve, the optic tracts, or the a. Testing for visual acuity. 4. What Evidence Do We Need To Evaluate brain that may cause a loss of visual acuity i. When we need to measure your best- Visual Disorders, Including Those That or visual fields. A loss of visual acuity limits corrected visual acuity, we will use visual your ability to distinguish detail, read, do Result in Statutory Blindness Under Title II? acuity testing that was carried out using fine work, or perform other age-appropriate a. To evaluate your visual disorder, we Snellen methodology or any other testing activities. A loss of visual fields limits your usually need a report of an eye examination methodology that is comparable to Snellen ability to perceive visual stimuli in the that includes measurements of the best- methodology. peripheral extent of vision. corrected visual acuity or the extent of the ii. We consider tests such as the Landolt visual fields, as appropriate. If there is a loss C test or the tumbling-E test, which are used 2. What Is Statutory Blindness? of visual acuity or visual fields, the cause of to evaluate young children who are unable to Statutory blindness is blindness as defined the loss must be documented. A standard eye participate in testing using Snellen in the Social Security Act (the Act). The Act examination will usually reveal the cause of methodology, to be comparable to testing defines blindness as visual acuity of 20/200 any visual acuity loss. An eye examination using Snellen methodology. These alternate or less in the better eye with the use of a can also reveal the cause of some types of methods for measuring visual acuity should

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be performed by specialists with expertise in degrees of the visual field; that is, the area B. You have a history of an operative assessment of childhood vision. measuring 24 to 30 degrees from the point of procedure for retinal detachment. iii. If you are unable to participate in fixation. Acceptable tests include the b. Use of corrective lenses. You must not testing using Snellen methodology or other Humphrey 30–2 or 24–2 tests. wear eyeglasses during the visual field comparable testing, we will consider your v. To determine if the criterion in 102.03B examination because they limit your field of fixation and visual following behavior. If is met, we need a test performed on a vision. Contact lenses or perimetric lenses both these behaviors are absent, we will Humphrey field analyzer that measures the may be used to correct visual acuity during consider the anatomical findings or the central 30 degrees of the visual field. (We can the visual field examination in order to results of neuroimaging when this testing has also use comparable results from other obtain the most accurate visual field been performed. acceptable perimeters, for example, a mean measurements. For this single purpose, you b. Determining best-corrected visual acuity. defect of 22 on an acceptable Octopus test, do not need to demonstrate that you have the i. Best-corrected visual acuity is the to determine that the criterion in 102.03B is ability to use the contact or perimetric lenses optimal visual acuity attainable with the use met.) We cannot use tests that do not on a sustained basis. of a corrective lens. In some instances, this measure the central 30 degrees of the visual assessment may be performed using a field, such as the Humphrey 24–2 test, to 7. How Do We Calculate Visual Efficiency? specialized lens; for example, a contact lens. determine if your impairment meets or a. Visual acuity efficiency. We use the We will use the visual acuity measurements medically equals 102.03B. percentage shown in Table 1 that obtained with a specialized lens only if you vi. We measure the extent of visual field corresponds to the best-corrected visual have demonstrated the ability to use the loss by determining the portion of the visual acuity for distance in the better eye. specialized lens on a sustained basis. field in which you can see a white III4e b. Visual field efficiency. We use kinetic However, we will not use visual acuity stimulus. As indicated above, the ‘‘III’’ refers perimetry to calculate visual field efficiency measurements obtained with telescopic to the standard Goldmann test stimulus size by adding the number of degrees seen along lenses because they significantly reduce the III. The ‘‘4e’’ refers to the standard Goldmann the eight principal meridians in the better visual field. Additionally, we will not use the intensity filters used to determine the eye and dividing by 500. (See Table 2.) results of visual evoked response testing or intensity of the stimulus. c. Visual efficiency. We calculate the pinhole testing to determine best-corrected vii. In automated static threshold percent of visual efficiency by multiplying visual acuity. perimetry, the intensity of the stimulus the visual acuity efficiency by the visual field ii. We will use the best-corrected visual varies. The intensity of the stimulus is efficiency. acuity for distance in the better eye when we expressed in decibels (dB). We need to determine whether your loss of visual acuity 8. How Do We Evaluate Specific Visual determine the dB level that corresponds to a Problems? satisfies the criteria in 102.02A. 4e intensity for the particular perimeter being 6. How Do We Measure Visual Fields? used. We will then use the dB printout to a. Statutory blindness. Most test charts that determine which points would be seen at a use Snellen methodology do not measure a. Testing for visual fields. 4e intensity level. For example, in Humphrey visual acuity between 20/100 and 20/200. i. We generally need visual field testing perimeters, a 10 dB stimulus is equivalent to Newer test charts, such as the Bailey-Lovie or when you have a visual disorder that could a 4e stimulus. A dB level that is higher than the Early Treatment Diabetic Retinopathy result in visual field loss, such as glaucoma, Study (ETDRS), do measure visual acuity retinitis pigmentosa, or optic neuropathy, or 10 represents a dimmer stimulus, while a dB level that is lower than 10 represents a between 20/100 and 20/200. If your visual when you display behaviors that suggest a acuity is measured with one of these newer visual field loss. brighter stimulus. Therefore, for tests performed on Humphrey perimeters, any charts, and you cannot read any of the letters ii. When we need to measure the extent of on the 20/100 line, we will determine that your visual field loss, we will use visual field point seen at 10 dB or higher is a point that would be seen with a 4e stimulus. you have statutory blindness based on a measurements obtained with an automated visual acuity of 20/200 or less. Regardless of static threshold perimetry test performed on viii. We can also use visual field measurements obtained using kinetic the type of test used, you do not have a perimeter, like the Humphrey Field statutory blindness if you can read at least Analyzer, that satisfies all of the following perimetry, such as the Humphrey ‘‘SSA Test Kinetic’’ or Goldmann perimetry. The test one letter on the 20/100 line. requirements: b. Blepharospasm. This movement A. The perimeter must use optical must use a white III4e stimulus projected on disorder is characterized by repetitive, projection to generate the test stimuli. a white 31.5 apostilb (10 cd/m2) background. involuntary, bilateral eye blinking. It B. The perimeter must have an internal In automated kinetic tests, such as the generally responds to therapy. When therapy normative database for automatically Humphrey ‘‘SSA Test Kinetic,’’ testing along is not effective, we will evaluate this disorder comparing your performance with that of the a meridian stops when you see the stimulus. on the basis of clinical observations or visual general population. If we need additional information because behaviors. If you have this disorder, you may C. The perimeter must have a statistical your visual disorder has progressed to the have measurable visual acuities and visual analysis package that is able to calculate point where it is likely to result in a fields that do not satisfy the criteria of 102.02 visual field indices, particularly mean significant limitation in the central visual or 102.03. However, we must consider how deviation. field, such as a scotoma, we will supplement D. The perimeter must demonstrate the the automated kinetic perimetry with the the involuntary blinking affects your ability ability to correctly detect visual field loss and results of a Humphrey 30–2 or comparable to maintain the measured visual acuities and correctly identify normal visual fields. test. visual fields over time. E. The perimeter must demonstrate good ix. We will not use the results of visual c. Scotoma. A scotoma is a non-seeing area test-retest reliability. field screening tests, such as confrontation in the visual field surrounded by a seeing F. The perimeter must have undergone tests, tangent screen tests, or automated static area. When we measure the visual field, we clinical validation studies by three or more screening tests, to determine that your subtract the length of any scotoma, other than independent laboratories with results impairment meets or medically equals a the normal blind spot, from the overall length published in peer-reviewed ophthalmic listing, or functionally equals the listings. We of any diameter on which it falls. journals. will use normal results from visual field * * * * * iii. The test must use a white size III screening tests to determine whether the Goldmann stimulus and a 31.5 apostilb (10 impact of your visual disorder on your visual C. How Do We Evaluate Impairments That Do cd/m2) white background. The stimuli field is severe when these test results are Not Meet One of the Special Senses and locations must be no more than 6 degrees consistent with the other evidence in your Speech Listings? apart horizontally or vertically. case record. We will not consider normal test 1. These listings are only examples of Measurements must be reported on standard results to be consistent with the other common special senses and speech disorders charts and include a description of the size evidence if either of the following applies: that we consider severe enough to result in and intensity of the test stimulus. A. The clinical findings indicate that your marked and severe functional limitations. If iv. To determine statutory blindness, we visual disorder has progressed to the point your impairment(s) does not meet the criteria need a test that measures the central 24 to 30 that it is likely to cause visual field loss. of any of these listings, we must also

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consider whether you have an impairment(s) B. An inability to participate in testing 102.03 Contraction of the visual field in that satisfies the criteria of a listing in using Snellen methodology or other the better eye, with: another body system. comparable visual acuity testing and clinical A. The widest diameter subtending an 2. If you have a medically determinable findings that fixation and visual following angle no greater than 20 degrees; impairment(s) that does not meet a listing, behavior are absent in the better eye, and: OR we will determine whether the impairment(s) 1. Abnormal anatomical findings medically equals a listing or functionally B. A mean deviation of -22 or worse, equals the listings. (See §§ 404.1526, 416.926, indicating a visual acuity of 20/200 or worse determined by automated static threshold and 416.926a.) If you are receiving title XVI in the better eye; or perimetry as described in 102.00A6a(v); payments, we use the rules in § 416.994a 2. Abnormal neuroimaging documenting OR when we decide whether you continue to be damage to the cerebral cortex which would C. A visual field efficiency of 20 percent disabled. be expected to prevent the development, in or less as determined by kinetic perimetry * * * * * the better eye, of a visual acuity better than (see 102.00A7b). 102.02 Loss of visual acuity. 20/200; or 102.04 Loss of visual efficiency. Visual A. Remaining vision in the better eye after 3. Abnormal electroretinogram efficiency of the better eye of 20 percent or best correction is 20/200 or less; documenting the presence of Leber’s less after best correction (see 102.00A7c). OR congenital amaurosis or achromatopsia. * * * * *

TABLE 1.—PERCENTAGE OF VISUAL ACUITY EFFICIENCY CORRESPONDING TO THE BEST-CORRECTED VISUAL ACUITY MEASUREMENT FOR DISTANCE IN THE BETTER EYE.

Snellen Percent visual acuity efficiency English Metric Phakic or Pseudophakic

20/16 6/5 100 20/20 6/6 100 20/25 6/7.5 95 20/32 6/10 90 20/40 6/12 85 20/50 6/15 75 20/64 6/20 65 20/80 6/24 60 20/100 6/30 50

Table 2.—Chart of Visual Fields

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1. The diagram of the right eye illustrates Request for Comments regulation during the summer of 1996. the extent of a normal visual field as The Coast Guard did not receive any measured with a III4e stimulus. The sum of We encourage you to participate in this rulemaking by submitting comments, and W-DOT did not report the eight principal meridians of this field is any adverse comments, concerning the 500 degrees. comments and related material. If you 2. The diagram of the left eye illustrates a do so, please include your name and temporary deviation. visual field contracted to 30 degrees in two address, identify the docket number for In February 1997, the Coast Guard meridians and to 20 degrees in the remaining this rulemaking (CGD09–05–080), published in the Federal Register an six meridians. The percent of visual field indicate the specific section of this Interim rule with request for comments efficiency of this field is: (2x30) + (6x20) = (62 FR 6875, February 14, 1997), which ÷ document to which each comment 180 500 = 0.36 or 36 percent visual field revised the operating regulation to efficiency. applies, and give the reason for each comment. Please submit all comments require the bridge to open for * * * * * and related material in an unbound recreational vessels only on the hour, 24 [FR Doc. 05–16218 Filed 8–16–05; 8:45 am] 1 format, no larger than 8 ⁄2 by 11 inches, hours a day, 7 days a week, between BILLING CODE 4191–02–P suitable for copying. If you would like March 15 and December 31 of each year. to know they reached us, please enclose The requirement for notice at least 12 a stamped, self-addressed postcard or hours in advance during the winter DEPARTMENT OF HOMELAND envelope. We will consider all months remained unchanged. It was SECURITY comments and material received during intended that the operating requirements applicable between 6 p.m. Coast Guard the comment period. We may change this proposed rule in view of them. and 8 a.m., and the provisions related to commercial vessels and vessels seeking 33 CFR Part 117 Public Meeting shelter from severe weather, located at We do not now plan to hold a public 33 CFR 117.1101(a)(2), (a)(3), and (b), [CGD09–05–080] meeting. But you may submit a request were to be removed. for a meeting by writing to Commander Although the removal of those sub- RIN 1625–AA09 (obr), Ninth Coast Guard District, at the paragraphs was not codified, the bridge address under ADDRESSES explaining has operated according to the provisions Drawbridge Operation Regulations; why one would be beneficial. If we of the Interim Rule since the rule’s Sturgeon Bay Ship Canal, Sturgeon determine that one would aid this effective date on March 17, 1997. No Bay, WI rulemaking, we will hold one at a time negative comments concerning this and place announced by a later notice AGENCY: Coast Guard, DHS. operating schedule have been received. in the Federal Register. W–DOT has now requested that the ACTION: Notice of proposed rulemaking. Background and Purpose 12-hour advance notice requirement for winter operations be changed from SUMMARY: The Coast Guard proposes to The Michigan Street Bridge at mile January 1 through March 14 of each year revise the operating regulations for the 4.3 over Sturgeon Bay Ship Canal is a to December 1 through March 14 of each Michigan Street Bridge and establish single-leaf bascule bridge that provides year. The bridge opening logs provided permanent winter operating hours for a vertical clearance of 14 feet in the by W–DOT showed a large number of the Bayview Bridge, both in Sturgeon lowered position. On July 11, 1996, the openings during the month of December Bay, WI. The proposed rule is expected bridge owner, the Wisconsin in 2002, 2003, and 2004, requiring the to reflect the need for bridge openings Department of Transportation (W–DOT), bridge to maintain full-time bridge during winter months and still provide requested that the bridge be required to tenders throughout the month of for the reasonable needs of navigation. open for recreational vessels only on the December. Based on these records, the DATES: hour, 24 hours a day, 7 days a week, Comments and related material Coast Guard concluded that W–DOT’s between March 15 and December 31 of must reach the Coast Guard on or before requested change provides for the each year in order to reduce wear on the October 3, 2005. reasonable needs of navigation. ADDRESSES: You may mail comments bridge. At that time, the operating regulation governing the bridge This proposed rule would make final and related material to Commander the provisions of the Interim Rule, (obr), Ninth Coast Guard District, 1240 provided: From March 15 to December 31 of each year, the bridge was required which require the Michigan Street E. 9th Street, Room 2025, Cleveland, OH Bridge to open between March 15 and 44199–2060. The Ninth Coast Guard to open on the hour between 8 a.m. and 6 p.m. for recreational vessels. Between December 31 of each year for District maintains the public docket for recreational vessels on the hour, 24 this rulemaking. Comments and 6 p.m. and 10 p.m., the draw was required to open for recreational vessels hours a day, and on signal if more than material received from the public, as 20 vessels have accumulated at the well as documents indicated in this no more than on the hour and half-hour, and the bridge opened on signal from 10 bridge, or if vessels are seeking shelter preamble as being available in the from severe weather. From January 1 docket, will become part of this docket p.m. to 8 a.m. From January 1 to March 14 of each year, the bridge was required through March 14 of each year, the and will be available for inspection or bridge would continue to open for copying at Commander (obr), Ninth to open on signal if notice was given at least 12 hours in advance of a vessel’s vessels if notice is provided at least 12 Coast Guard District between 7 a.m. and hours in advance. 3 p.m., Monday through Friday, except intended time of passage through the Federal holidays. draw. Throughout the year, the draw There is no current specific was required to open on signal for drawbridge regulation for the Bayview FOR FURTHER INFORMATION CONTACT: Scot commercial vessels and all vessels (State Route 42/57) Bridge, mile 3.0 over M. Striffler, Bridge Management seeking shelter from severe weather. Sturgeon Bay Ship Canal. The Bayview Specialist, Ninth Coast Guard District, at To test the requested schedule Bridge is a twin-leaf bascule drawbridge (216) 902–6087. change, the Coast Guard authorized a that provides a vertical clearance of 42 SUPPLEMENTARY INFORMATION: temporary deviation from the existing feet when in the lowered position. The

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drawbridge is currently required to open We expect the economic impact of concerning its provisions or options for on signal at all times all year long. this proposed rule to be so minimal that compliance, please contact Scot M. Every year since approximately 1992, a full Regulatory Evaluation under the Striffler, Bridge Management Specialist, the Coast Guard has granted a winter regulatory policies and procedures of Ninth Coast Guard District, at (216) operating schedule, effective from DHS is unnecessary. 902–6087. The Coast Guard will not January 1 to March 14, under the The Coast Guard expects minimal retaliate against small entities that provisions of 33 CFR 117.45. W-DOT public impact from the proposed question or complain about this rule or requested that the Coast Guard schedule. The operating hours for any policy or action of the Coast Guard. implement a permanent winter recreational vessels at Michigan Street operating schedule for this drawbridge. Bridge between March 15 and December Collection of Information W–DOT requests that the schedule for 31 has been in place since 1997 with no This proposed rule would call for no the Bayview Bridge change to allow it known adverse effects. The proposed new collection of information under the to open for vessels when notice is winter operating schedule for both the Paperwork Reduction Act of 1995 (44 provided at least 12 hours in advance Michigan Street and Bayview Bridges U.S.C. 3501–3520). between December 1 and March 14 of would continue to provide openings for Federalism each year. The Coast Guard requested vessels with 12-hours advance notice. copies of bridge opening logs from W– A rule has implications for federalism DOT for the Bayview Bridge. The bridge Small Entities under Executive Order 13132, logs revealed that a total of 9 openings Under the Regulatory Flexibility Act Federalism, if it has a substantial direct were requested in December 2002, 6 (5 U.S.C. 601–612), we have considered effect on State or local governments and openings in December 2003, and 3 whether this proposed rule would have would either preempt State law or openings in December 2004. The Coast a significant economic impact on a impose a substantial direct cost of Guard believes that the small number of substantial number of small entities. compliance on them. We have analyzed requested openings at Bayview Bridge The term ‘‘small entities’’ comprises this proposed rule under that Order and during the month of December in the small businesses, not-for-profit have determined that it does not have three previous years signifies that the organizations that are independently implications for federalism. request to require notice at least 12 owned and operated and are not Unfunded Mandates Reform Act hours in advance between December 1 dominant in their fields, and and March 14 each year would be governmental jurisdictions with The Unfunded Mandates Reform Act reasonable. populations of less than 50,000. of 1995 (2 U.S.C. 1531–1538) requires The Coast Guard certifies under 5 Federal agencies to assess the effects of Discussion of Proposed Rule U.S.C. 605(b) that this proposed rule their discretionary regulatory actions. In The Coast Guard proposes to revise 33 would not have a significant economic particular, the Act addresses actions CFR 117.1101 by making permanent the impact on a substantial number of small that may result in the expenditure by a Michigan Street Bridge schedule that entities. State, local, or tribal government, in the has been implemented since 1997, with The proposed schedule for Michigan aggregate, or by the private sector of a one month extension of the winter Street Bridge is identical to the schedule $100,000,000 or more in any one year. operating rules. Between March 15 and that has been in place since 1997, with Though this proposed rule will not December 31 each year, the bridge no significant economic impacts result in such an expenditure, we do would open on the hour, 24 hours a day reported to the Coast Guard by any discuss the effects of this rule elsewhere for recreational vessels, and on signal if entities. The Bayview Bridge schedule in this preamble. more than 20 vessels accumulate at the provides openings at all times between bridge or vessels are seeking shelter March 15 and November 30. Most Taking of Private Property from severe weather. All vessels would recreational vessels do not operate past This proposed rule would not affect a need to provide notice at least 12 hours November 30. The winter schedule taking of private property or otherwise in advance between January 1 and provides openings with 12-hours have taking implications under March 14 of each year. advance notice for all commercial Executive Order 12630, Governmental A new regulation for Bayview Bridge operators. Actions and Interference with would be established. The bridge would If you think that your business, Constitutionally Protected Property open on signal at all times for all vessels organization, or governmental Rights. between March 15 and November 30 of jurisdiction qualifies as a small entity each year. All vessels would need to and that this rule would have a Civil Justice Reform provide notice at least 12 hours in significant economic impact on it, This proposed rule meets applicable advance between December 1 and please submit a comment (see standards in sections 3(a) and 3(b)(2) of March 14 of each year. ADDRESSES) explaining why you think it Executive Order 12988, Civil Justice qualifies and how and to what degree Reform, to minimize litigation, Regulatory Evaluation this rule would economically affect it. eliminate ambiguity, and reduce This proposed rule is not a burden. ‘‘significant regulatory action’’ under Assistance for Small Entities section 3(f) of Executive Order 12866, Under section 213(a) of the Small Protection of Children Regulatory Planning and Review, and Business Regulatory Enforcement We have analyzed this proposed rule does not require an assessment of Fairness Act of 1996 (Pub. L. 104–121), under Executive Order 13045, potential costs and benefits under we want to assist small entities in Protection of Children from section 6(a)(3) of that Order. The Office understanding this proposed rule so that Environmental Health Risks and Safety of Management and Budget has not they can better evaluate its effects on Risks. This rule is not an economically reviewed it under that Order. It is not them and participate in the rulemaking. significant rule and would not create an ‘‘significant’’ under the regulatory If the rule would affect your small environmental risk to health or risk to policies and procedures of the business, organization, or governmental safety that might disproportionately Department of Homeland Security. jurisdiction and you have questions affect children.

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Indian Tribal Governments the Instruction, from further ACTION: Notice of availability. environmental documentation. This proposed rule does not have SUMMARY: EPA is announcing tribal implications under Executive List of Subjects in 33 CFR Part 117 availability of a draft schedule for the Order 13175, Consultation and Bridges. registration review of pesticides Coordination with Indian Tribal mandated in section 3(g) of the Federal Governments, because it would not have Regulations Insecticide, Fungicide, and Rodenticide a substantial direct effect on one or For the reasons discussed in the Act (FIFRA). EPA is making the draft more Indian tribes, on the relationship preamble, the Coast Guard proposes to schedule available to assist the public in between the Federal Government and amend 33 CFR part 117 as follows: its review of the proposed procedural Indian tribes, or on the distribution of regulations for registration review that power and responsibilities between the PART 117—DRAWBRIDGE EPA published on July 13, 2005. To Federal Government and Indian tribes. OPERATION REGULATIONS develop the draft schedule, EPA used Energy Effects 1. The authority citation for part 117 procedures described in the July 13, We have analyzed this proposed rule continues to read as follows: 2005 proposal. The draft schedule is, in effect, a model schedule which shows under Executive Order 13211, Actions Authority: 33 U.S.C. 499; Department of Concerning Regulations That Homeland Security Delegation No. 0170.1; 33 how the Agency could sequence Significantly Affect Energy Supply, CFR 1.05–1(g); section 117.255 also issued pesticide reviews to meet the goal of Distribution, or Use. We have under the authority of Pub. L. 102–587, 106 reviewing each pesticide’s registration determined that it is not a ‘‘significant Stat. 5039. every 15 years. Although the Agency is energy action’’ under that order because 2. Revise section 117.1101 to read as not seeking comment on the draft it is not a ‘‘significant regulatory action’’ follows: schedule, you may include comments under Executive Order 12866 and is not on the draft schedule in your comments likely to have a significant adverse effect § 117.1101 Sturgeon Bay. on the proposed procedural regulations on the supply, distribution, or use of (a) The draw of the Michigan Street for the registration review of pesticides. energy. The Administrator of the Office Bridge, mile 4.3 at Sturgeon Bay, shall FOR FURTHER INFORMATION CONTACT: of Information and Regulatory Affairs open as follows: Kennan Garvey, Special Review and has not designated it as a significant (1) From March 15 through December Reregistration Division (7508C), Office energy action. Therefore, it does not 31, the draw need open on signal for of Pesticide Programs, Environmental require a Statement of Energy Effects recreational vessels only on the hour, 24 Protection Agency, 1200 Pennsylvania under Executive Order 13211. hours a day. However, if more than 20 Ave., NW., Washington, DC 20460– vessels have accumulated at the bridge, 0001; telephone number: 703–305–7106; Technical Standards or vessels are seeking shelter from fax number: 703–308–8041; e-mail The National Technology Transfer severe weather, the bridge shall open on address:[email protected]. and Advancement Act (NTTAA) (15 signal. SUPPLEMENTARY INFORMATION: U.S.C. 272 note) directs agencies to use (2) From January 1 through March 14, voluntary consensus standards in their the draw shall open on signal if notice I. General Information regulatory activities unless the agency is given at least 12 hours in advance of A. Does this Action Apply to Me? provides Congress, through the Office of a vessel’s time of intended passage. Management and Budget, with an (b) The draw of the Bayview (SR 42/ You may be potentially affected by explanation of why using these 57) Bridge, mile 3.0 at Sturgeon Bay, this action if you hold pesticide standards would be inconsistent with shall open as follows: registrations. Pesticide users or other applicable law or otherwise impractical. (1) From March 15 through November persons interested in the regulation of Voluntary consensus standards are 30, the draw shall open on signal. the sale, distribution, or use of technical standards (e.g., specifications (2) From December 1 through March pesticides may also be interested in this of materials, performance, design, or 14, the draw shall open on signal if action. Potentially affected entities may operation; test methods; sampling notice is given at least 12 hours in include, but are not limited to: procedures; and related management advance of a vessel’s time of intended • Producers of pesticide products systems practices) that are developed or passage. (NAICS code 32532) adopted by voluntary consensus Dated: July 25, 2005. • Producers of antifoulant paints standards bodies. R.J. Papp, Jr., (NAICS code 32551) This proposed rule does not use Rear Admiral, U.S. Coast Guard, Commander, • Producers of antimicrobial technical standards. Therefore, we did Ninth Coast Guard District. pesticides (NAICS code 32561) • not consider the use of voluntary [FR Doc. 05–16285 Filed 8–16–05; 8:45 am] Producers of nitrogen stabilizer consensus standards. BILLING CODE 4910–15–P products (NAICS code 32531) • Producers of wood preservatives Environment (NAICS code 32519) We have analyzed this proposed rule ENVIRONMENTAL PROTECTION This listing is not intended to be under Commandant Instruction AGENCY exhaustive, but rather provides a guide M16475.lD, which guides the Coast for readers regarding entities likely to be Guard in complying with the National [OPP–2004–0404; FRL–7733–6] affected by this action. Other types of Environmental Policy Act of 1969 entities not listed in this unit could also (NEPA) (42 U.S.C. 4321–4370f), and 40 CFR Part 155 be affected. The North American have concluded that there are no factors Pesticides; Procedural Regulations for Industrial Classification System in this case that would limit the use of Registration Review; Availability of a (NAICS) codes have been provided to a categorical exclusion under section Draft Schedule for Registration Review assist you and others in determining 2.B.2 of the Instruction. Therefore, this whether this action might apply to proposed rule is categorically excluded, AGENCY: Environmental Protection certain entities. To determine whether under figure 2–1, paragraph (32)(e) of Agency (EPA). you or your business may be affected by

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this action, you should carefully The draft schedule is, in effect, a model FEDERAL COMMUNICATIONS examine the applicability provisions in schedule which shows how the Agency COMMISSION proposed § 155.40 of the regulatory text could sequence pesticide reviews to of the Federal Register of July 13, 2005 meet the goal of reviewing each 47 CFR Part 73 (70 FR 40251) (FRL–7718–4). If you pesticide’s registration every 15 years. [DA 05–2201; MB Docket No. 05–238; RM– have any questions regarding the As explained in the proposed rule, EPA 11260] applicability of this action to a plans to issue a registration review particular entity, consult the person schedule after completing the final Radio Broadcasting Services; listed under FOR FURTHER INFORMATION registration review rule, and then Columbus, IN CONTACT. update the schedule annually. AGENCY: Federal Communications B. How Can I Get Copies of this The Agency has placed the draft Commission. schedule in the docket for the proposed Document and Other Related ACTION: Proposed rule. Information? procedural regulations for the registration review of pesticides, OPP– 1. Docket. EPA has established an SUMMARY: This document requests 2004–0404. You may electronically official public docket for this action comments on a petition for rulemaking under docket identification (ID) number access the draft schedule and the filed by Columbus Community Radio OPP–2004–0404. The official public proposed procedural regulations from Corporation, licensee of Station docket consists of the documents the Agency’s E-docket at http:// WHUM–LP, Channel 253L1, Columbus, specifically referenced in this action, www.epa.gov/edocket/. Indiana, requesting allotment of any public comments received, and EPA is making the draft schedule Channel 228A at Columbus, Indiana, other information related to this action. available to assist the public in its and its reservation for noncommercial Although a part of the official docket, review of the proposed procedural educational use. Channel 228A can be the public docket does not include regulations for the registration review of allotted and reserved for NCE use in Confidential Business Information (CBI) pesticides. This notice provides compliance with the Commission’s or other information whose disclosure is additional information that can be minimum distance separation restricted by statute. The official public considered when reviewing the requirements, with the imposition of a docket is the collection of materials that proposed regulations, but does not site restriction of 7.9 kilometers (4.9 is available for public viewing at the impact the public comment period on miles) southeast at reference coordinates Public Information and Records the proposed procedural regulations for 39–09–06 NL and 85–52–09 WL. Integrity Branch (PIRIB), Rm. 119, the registration review of pesticides that DATES: Comments must be filed on or Crystal Mall #2, 1801 S. Bell St., ends on October 11, 2005. Although the before September 19, 2005, and reply Arlington, VA. This docket facility is Agency is not seeking comment on the comments on or before October 4, 2005. open from 8:30 a.m. to 4 p.m., Monday draft schedule, you may include ADDRESSES: Secretary, Federal through Friday, excluding legal comments on the draft schedule in your Communications Commission, 445 holidays. The docket telephone number comments on the proposed procedural Twelfth Street, SW., Washington, DC is (703) 305–5805. regulations for the registration review of 20554. In addition to filing comments 2. Electronic access. You may access pesticides. Instructions for submitting with the FCC, interested parties should thisFederal Register document comments on the proposed regulations serve the petitioner as follows: Mitzi electronically through the EPA Internet are provided in the Federal Register Quinn, President, Columbus under the ‘‘Federal Register’’ listings notice of July 13, 2005 (70 FR 40251). Community Radio Corporation, 1325 athttp://www.epa.gov/fedrgstr/. EPA issued the proposed regulations Washington Street, Columbus, Indiana An electronic version of the public for the registration review of pesticides 47201. docket is available through EPA’s under section 3(g) of FIFRA. The statute FOR FURTHER INFORMATION CONTACT: electronic public docket and comment requires EPA to establish regulations for system, EPA Dockets. You may use EPA Rolanda F. Smith, Media Bureau, (202) the periodic review of pesticides to 418–2180. Dockets at http://www.epa.gov/edocket/ assure that each pesticide registration SUPPLEMENTARY INFORMATION: This is a to view public comments, to access the continues to satisfy the FIFRA standard synopsis of the Commission’s Notice of index listing of the contents of the for registration. The goal is to review Proposed Rule Making, MB Docket No. official public docket, and to access each pesticide every 15 years. The 05–238, adopted July 27, 2005, and those documents in the public docket registration review program will replace released July 29, 2005. The full text of that are available electronically. the tolerance reassessment program and this Commission decision is available Although not all docket materials may the reregistration program as the for inspection and copying during be available electronically, you may still Agency’s means for systematically normal business hours in the FCC’s access any of the publicly available reviewing existing pesticides. docket materials through the docket Reference Information Center at Portals facility identified in Unit I.B.1. Once in List of Subjects II, CY–A257, 445 Twelfth Street, SW., Washington, DC. The complete text of the system, select ‘‘search,’’ then key in Environmental protection, the appropriate docket ID number. this decision may also be purchased Administrative practice and procedure, from the Commission’s duplicating II. Background Agricultural commodities, Pesticides contractor, Best Copy and Printing, Inc., EPA is announcing the availability of and pests, Reporting and recordkeeping 445 12th Street, SW., Room CY–B402, a draft schedule for the registration requirements. Washington, DC, 20054, telephone 1– review of pesticides. To develop the Dated: August 11, 2005. 800–378–3160 or http:// draft schedule, EPA used procedures Anne E. Lindsay, www.BCPIWEB.com. This document described in proposed procedural does not contain proposed information Acting Director, Office of Pesticide Programs. regulations for the registration review of collection requirements subject to the pesticides published in the Federal [FR Doc. 05–16298 Filed 8–16–05; 8:45 am] Paperwork Reduction Act of 1995, Register of July 13, 2005 (70 FR 40251). BILLING CODE 6560–50–S Public Law 104–13. In addition,

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therefore, it does not contain any first local aural transmission service. To Small Business Paperwork Relief Act of proposed information collection burden accommodate this allotment, Petitioner 2002, Public Law 107–198, see 44 U.S.C. ‘‘for small business concerns with fewer requests the reclassification of FM 3506(c)(4). than 25 employees,’’ pursuant to the Station KCYY, Channel 262C, San Provisions of the Regulatory Small Business Paperwork Relief Act of Antonio, Texas, to specify operation on Flexibility Act of 1980 do not apply to 2002, Public Law 107–198, see 44 U.S.C. Channel 262C0 pursuant to the this proceeding. 3506(c)(4). reclassification procedures adopted by Members of the public should note Provisions of the Regulatory the Commission. See 1998 Biennial that from the time a Notice of Proposed Flexibility Act of l980 do not apply to Regulatory Review—Streamlining of Rule Making is issued until the matter this proceeding. Radio Technical Rules in Parts 73 and is no longer subject to Commission Members of the public should note 74 of the Commission’s Rules, 65 FR consideration or court review, all ex that from the time a Notice of Proposed 79773 (December 20, 2000). In response parte contacts are prohibited in Rule Making is issued until the matter to an Order to Show Cause why Station Commission proceedings, such as this is no longer subject to Commission KCYY should not be downgraded from one, which involve channel allotments. consideration or court review, all ex Channel 262C to 262C0, the licensee of See 47 CFR 1.1204(b) for rules parte contacts are prohibited in FM Station KCYY stated that it would governing permissible ex parte contacts. Commission proceedings, such as this file an application meeting minimum For information regarding proper one, which involve channel allotments. Class C FM standards within the period filing procedures for comments, see 47 See 47 CFR 1.1204(b) for rules required by our rules. Since such an CFR 1.415 and 1.420. governing permissible ex parte contacts. application has not been filed, the List of Subjects in 47 CFR Part 73 For information regarding proper Commission proposes to reclassify filing procedures for comments, see 47 Station KCYY to Class C0. Channel Radio, Radio broadcasting. CFR 1.415 and 1.420. 261A can be allotted with a site For the reasons discussed in the restriction 2.0 kilometers (1.2 miles) preamble, the Federal Communications List of Subjects in 47 CFR Part 73 southwest of Meyersville, at reference Commission proposes to amend 47 CFR Radio, Radio broadcasting. coordinates 28–54–58 NL and 97–19–37 part 73 as follows: For the reasons discussed in the WL. To accommodate the proposed preamble, the Federal Communications allotment, the Commission proposes the PART 73—RADIO BROADCAST Commission proposes to amend 47 CFR reclassification of FM Station KCYY to SERVICES specify operation on Channel 262C0. part 73 as follows: 1. The authority citation for part 73 DATES: Comments must be filed on or continues to read as follows: PART 73—RADIO BROADCAST before September 19, 2005, and reply SERVICES comments on or before October 4, 2005. Authority: 47 U.S.C. 154, 303, 334 and 336. Any counterproposal filed in this 1. The authority citation for part 73 § 73.202 [Amended] proceeding need only protect FM continues to read as follows: Station KCYY, San Antonio, Texas, as a 2. Section 73.202(b), the Table of FM Authority: 47 U.S.C. 154, 303, 334 and 336. Class C0 allotment. Allotments under Texas is amended by adding Meyersville, Channel 261A, by ADDRESSES: Federal Communications § 73.202 [Amended] removing Channel 262C and by adding Commission, 445 Twelfth Street, SW., 2. Section 73.202(b), the Table of FM Channel 262C0 at San Antonio. Washington, DC 20554. In addition to Allotments under Indiana, is amended filing comments with the FCC, Federal Communications Commission. by adding Channel *228A at Columbus. interested parties should serve the John A. Karousos, Federal Communications Commission. petitioner as follows: Charles Crawford, Assistant Chief, Audio Division, Media John A. Karousos, 4553 Bordeaux Avenue, Dallas, Texas Bureau. Assistant Chief, Audio Division, Media 75205. [FR Doc. 05–16071 Filed 8–16–05; 8:45 am] Bureau. FOR FURTHER INFORMATION CONTACT: R. BILLING CODE 6712–01–P [FR Doc. 05–16074 Filed 8–16–05; 8:45 am] Barthen Gorman, Media Bureau, (202) BILLING CODE 6712–01–P 418–2180. FEDERAL COMMUNICATIONS SUPPLEMENTARY INFORMATION: This is a COMMISSION synopsis of the Commission’s Notice of FEDERAL COMMUNICATIONS Proposed Rule Making, MB Docket No. 47 CFR Part 73 COMMISSION 05–246, adopted July 27, 2005, and [DA 05–2206; MB Docket No. 05–249; RM– 47 CFR Part 73 released July 29, 2005. The complete text of this decision may also be 10778, RM–11259] [DA 05–2215; MB Docket No. 05–246; RM– purchased from the Commission’s Radio Broadcasting Services; 11263] duplicating contractor, Best Copy and Glenmora and Marksville, LA and Printing, Inc., 445 12th Street, SW., Radio Broadcasting Services; Orange, TX Room CY–B402, Washington, DC 20054, Meyersville and San Antonio, TX telephone 1–800–378–3160 or AGENCY: Federal Communications AGENCY: Federal Communications www.BCPIWEB.com. This document Commission. Commission. does not contain proposed information ACTION: Proposed rule. ACTION: Proposed rule. collection requirements subject to the Paperwork Reduction Act of 1995, SUMMARY: This document requests SUMMARY: This document requests Public Law 104–13. In addition, comments on two mutually exclusive comments on a Petition for Rule Making therefore, it does not contain any Petitions for Rule Making. The first filed by Charles Crawford requesting the proposed information collection burden proposal, filed by Charles Crawford allotment of Channel 261A at ‘‘for small business concerns with fewer requests the allotment of Channel 292A Meyersville, Texas, as that community’s than 25 employees,’’ pursuant to the at Glenmora, Louisiana, as that

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community’s first local aural purchased from the Commission’s FEDERAL COMMUNICATIONS transmission service. To accommodate duplicating contractor, Best Copy and COMMISSION this allotment, Crawford requests the Printing, Inc., 445 12th Street, SW., reclassification of FM Station KIOC, Room CY–B402, Washington, DC, 47 CFR Part 73 Channel 291C, Orange, Texas, to specify 20054, telephone 1–800–378–3160 or [DA 05–2205; MB Docket No. 05–243] operation on Channel 291C0 pursuant to http://www.BCPIWEB.com. This the reclassification procedures adopted document does not contain proposed Radio Broadcasting Services; by the Commission. See 1998 Biennial information collection requirements Meeteetse, Wyoming Regulatory Review—Streamlining of subject to the Paperwork Reduction Act AGENCY: Federal Communications Radio Technical Rules in Parts 73 and of 1995, Public Law 104–13. In addition, 74 of the Commission’s Rules, 65 FR Commission. therefore, it does not contain any 79773 (2000). An Order to Show Cause ACTION: Proposed rule. was issued to Capstar TX Limited proposed information collection burden Partnership, licensee of FM Station ‘‘for small business concerns with fewer SUMMARY: The Audio Division, on its KIOC to which no response was than 25 employees,’’ pursuant to the own motion, proposes the substitution received. The second proposal, filed by Small Business Paperwork Relief Act of of Channel 259C for vacant Channel Goudeau, Inc. proposes the allotment of 2002, Public Law 107–198, see 44 U.S.C. 273C at Meeteetse, Wyoming. The Channel 292A at Marksville, Louisiana, 3506(c)(4). current allotment of Channel 273C at as its second local service. A staff Provisions of the Regulatory Meeteetse is not in compliance with the minimum distance separation engineering analysis has determined Flexibility Act of l980 do not apply to requirements of Section 73.207(b) of the that the reclassification of FM Station this proceeding. KIOC to specify operation on Channel Commission’s rules. The proposed 291C0 at Orange, Texas will eliminate Members of the public should note substitution would resolve an existing any short spacing to the proposed that from the time a Notice of Proposed distance spacing conflict. In this Channel 292A at Glenmora, Louisiana. Rule Making is issued until the matter instance, existing vacant Channel 273C As a result, Channel 292A can be is no longer subject to Commission at Meeteetse is short-spaced to the allotted to Glenmora, in conformity with consideration or court review, all ex licensed site of FM Station KHOC, the Commission’s rules, provided there parte contacts are prohibited in Channel 273C, Casper, Wyoming. is a site restriction of 12.2 kilometers Commission proceedings, such as this Channel 273C at Meeteetse is located (7.6 miles) west at reference coordinates one, which involve channel allotments. 260.3 kilometers apart from FM Station 31–00–35 NL and 92–42–30 WL. See 47 CFR 1.1204(b) for rules KHOC. The minimum distance spacing Alternatively, Channel 292A can be governing permissible ex parte contacts. requirement is 290 kilometers. Channel 259C can be allotted to Meeteetse, allotted to Marksville, Louisiana, For information regarding proper Wyoming in conformity with the consistent with the minimum distance filing procedures for comments, see 47 Commission’s rules without a site separation requirements of § 73.207(b) CFR 1.415 and 1.420. of the Commission’s rules, provided restriction at reference coordinates 44– there is a site restriction of 9.7 List of Subjects in 47 CFR Part 73 09–26 NL and 108–52–15 WL. kilometers (6 miles) west at reference DATES: Comments must be filed on or coordinates 31–06–34 NL and 92–09–55 Radio, Radio broadcasting. before September 19, 2005 and reply WL. For the reasons discussed in the comments on or before October 4, 2005. DATES: Comments must be filed on or preamble, the Federal Communications ADDRESSES: Federal Communications before September 19, 2005, and reply Commission proposes to amend 47 CFR Commission, 445 Twelfth Street, SW., comments on or before October 4, 2005. part 73 as follows: Washington, DC 20554. Any counterproposal filed in this FOR FURTHER INFORMATION CONTACT: proceeding need only protect FM PART 73—RADIO BROADCAST Rolanda F. Smith, Media Bureau, (202) Station KIOC, Orange, Texas, as a Class SERVICES 418–2180. C0 allotment. SUPPLEMENTARY INFORMATION: This is a ADDRESSES: Federal Communications 1. The authority citation for part 73 summary of the Commission’s Notice of Commission, 445 Twelfth Street, SW., continues to read as follows: Proposed Rule Making, MB Docket No. Washington, DC 20554. In addition to Authority: 47 U.S.C. 154, 303, 334 and 336. 05–243, adopted July 27, 2005, and filing comments with the FCC, released July 29, 2005. The full text of interested parties should serve the § 73.202 [Amended] this Commission decision is available petitioner as follows: Charles Crawford, for inspection and copying during 4553 Bordeaux Avenue, Dallas, Texas 2. Section 73.202(b), the Table of FM Allotments under Louisiana is amended normal business hours in the 75205 and George L. Lyon, Jr. Esq., Commission’s Reference Center 445 Counsel for Goudeau, Inc., Lukas, Nace, by adding Glenmora, Channel 292A or Channel 292A at Marksville. Twelfth Street, SW., Washington, DC Gutierrez & Sachs, Chartered, 1111 19th 20554. The complete text of this Street, NW., Suite 1200, Washington, 3. Section 73.202(b), the Table of FM decision may also be purchased from DC 20036. Allotments under Texas is amended by the Commission’s duplicating FOR FURTHER INFORMATION CONTACT: removing Channel 291C and adding contractor, Best Copy and Printing, Inc., Rolanda F. Smith, Media Bureau, (202) Channel 291C0 at Orange. 445 12th Street, SW., Room CY–B402, 418–2180. Federal Communications Commission. Washington, DC, 20054, telephone 1– SUPPLEMENTARY INFORMATION: This is a 800–378–3160 or http:// John A. Karousos, synopsis of the Commission’s Notice of www.BCPIWEB.com. This document Proposed Rule Making, MB Docket No. Assistant Chief, Audio Division, Media does not contain proposed information 05–249, adopted July 27, 2005, and Bureau. collection requirements subject to the released July 29, 2005. The complete [FR Doc. 05–16070 Filed 8–16–05; 8:45 am] Paperwork Reduction Act of 1995, text of this decision may also be BILLING CODE 6712–01–P Public Law 104–13. In addition,

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therefore, it does not contain any 287A, Fernandina Beach, Florida, Public Law 104–13. In addition, proposed information collection burden proposing the reallotment of Channel therefore, it does not contain any ‘‘for small business concerns with fewer 287A from Fernandina Beach to Yulee, proposed information collection burden than 25 employees,’’ pursuant to the Florida, as its first local service and ‘‘for small business concerns with fewer Small Business Paperwork Relief Act of modification of the Station WJSJ(FM) than 25 employees,’’ pursuant to the 2002, Public Law 107–198, see 44 U.S.C. license accordingly. To accommodate Small Business Paperwork Relief Act of 3506(c)(4). this proposed reallotment, Petitioner 2002, Public Law 107–198, see 44 U.S.C. Provisions of the Regulatory also requests the relocation of the 3506(c)(4). Flexibility Act of l980 do not apply to transmitter site for its FM Station WSJF, Provisions of the Regulatory this proceeding. Channel 288C3, St. Augustine Beach. Flexibility Act of 1980 do not apply to Members of the public should note Channel 287A can be allotted to Yulee this proceeding. that from the time a Notice of Proposed in conformity with the Commission’s Members of the public should note Rule Making is issued until the matter rules, provided there is a site restriction that from the time a Notice of Proposed is no longer subject to Commission of 10.6 kilometers (6.6 miles) southeast Rule Making is issued until the matter consideration or court review, all ex at reference coordinates 30–34–00 NL is no longer subject to Commission parte contacts are prohibited in and 81–31–30 WL. To facilitate the consideration or court review, all ex Commission proceedings, such as this proposed Yulee reallotment, the parte contacts are prohibited in one, which involve channel allotments. transmitter site for FM Station WSJF can Commission proceedings, such as this See 47 CFR 1.1204(b) for rules be relocated, consistent with the one, which involve channel allotments. governing permissible ex parte contact. minimum distance separation See 47 CFR 1.1204(b) for rules For information regarding proper requirements of Section 73.207(b) of the governing permissible ex parte contact. filing procedures for comments, see 47 Commission’s rules, provided there is a For information regarding proper CFR 1.415 and 1.420. site restriction of 7.0 kilometers (4.3 filing procedures for comments, see 47 miles) south at reference coordinates CFR 1.415 and 1.420. List of Subjects in 47 CFR Part 73 29–46–53 NL and 81–15–25 WL. In List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. accordance with the provisions of For the reasons discussed in the Section 1.420(i) of the Commission’s Radio, Radio broadcasting. preamble, the Federal Communications rules, we shall not accept competing For the reasons discussed in the Commission proposes to amend 47 CFR expressions of interest pertaining to the preamble, the Federal Communications part 73 as follows: use of Channel 287A at Yulee, Florida. Commission proposes to amend 47 CFR DATES: Comments must be filed on or part 73 as follows: PART 73—RADIO BROADCAST before September 19, 2005, and reply SERVICES comments on or before October 4, 2005. PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 ADDRESSES: Federal Communications continues to read as follows: Commission, 445 Twelfth Street, SW., 1. The authority citation for part 73 Washington, DC 20554. In addition to continues to read as follows: Authority: 47 U.S.C. 154, 303, 334 and 336. filing comments with the FCC, Authority: 47 U.S.C. 154, 303, 334 and 336. § 73.202 [Amended] interested parties should serve the 2. Section 73.202(b), the Table of FM petitioner, as follows: Francisco R. § 73.202 [Amended] Allotments under Wyoming, is amended Montero, Esq., Lee G. Petro, Esq., 2. Section 73.202(b), the Table of FM by removing Channel 273C and adding Counsel for Tama Radio Licenses of Allotments under Florida, is amended Channel 259C at Meeteetse. Jacksonville, FL, Inc., Fletcher, Heald & by removing Fernandina Beach, Hildreth, PLC, 1300 North 17th Street, Federal Communications Commission. Channel 287A and by adding Yulee, 11th Floor, Arlington, Virginia 22209. Channel 287A. John A. Karousos, FOR FURTHER INFORMATION CONTACT: Assistant Chief, Audio Division, Media Rolanda F. Smith, Media Bureau, (202) Federal Communications Commission. Bureau. 418–2180. John A. Karousos, [FR Doc. 05–16069 Filed 8–16–05; 8:45 am] SUPPLEMENTARY INFORMATION: This is a Assistant Chief, Audio Division, Media BILLING CODE 6712–01–P summary of the Commission’s Notice of Bureau. Proposed Rule Making, MB Docket No. [FR Doc. 05–16068 Filed 8–16–05; 8:45 am] 05–240, adopted July 27, 2005, and BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS released July 29, 2005. The full text of COMMISSION this Commission decision is available FEDERAL COMMUNICATIONS 47 CFR Part 73 for inspection and copying during normal business hours in the COMMISSION [DA 05–2202; MB Docket No. 05–240; RM– Commission’s Reference Center, 445 47 CFR Part 73 11261] Twelfth Street, SW., Washington, DC 20554. The complete text of this [DA 05–2219; MB Docket No. 05–248; RM– Radio Broadcasting Services; decision may also be purchased from 11262] Fernandina Beach and Yulee, FL the Commission’s duplicating Radio Broadcasting Services; AGENCY: contractor, Best Copy and Printing, Inc., Federal Communications Falmouth, Midway and Owingsville, KY Commission. 445 12th Street, SW., Room CY–B402, ACTION: Proposed rule. Washington, DC, 20054, telephone 1– AGENCY: Federal Communications 800–378–3160 or http:// Commission. SUMMARY: The Audio Division seeks www.BCPIWEB.com. This document ACTION: Proposed rule. comment on a petition filed by Tama does not contain proposed information Radio Licenses of Jacksonville, FL, Inc., collection requirements subject to the SUMMARY: This document requests licensee of Station WJSJ(FM), Channel Paperwork Reduction Act of 1995, comments on a petition for rulemaking

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filed jointly by L.M. Communications of also be purchased from the FEDERAL COMMUNICATIONS Kentucky, LLC, licensee of Station Commission’s duplicating contractors, COMMISSION WBTF(FM), Midway, Kentucky, and Best Copy and Printing, Inc., 445 12th Gateway Radio Works, Inc., licensee of Street, SW., Room CY–B402, 47 CFR Part 73 Station WKCA(FM), Owingsville, Washington, DC 20554, telephone 1– [DA 05–2209; MB Docket No. 05–244; RM– Kentucky, proposing to substitute 800–378–3160 or http:// 11257] Channel 298C3 for Channel 300A at www.BCPIWEB.com. Midway, Kentucky and modify Station Radio Broadcasting Services; Fruit Provisions of the Regulatory WBTF’s license accordingly, to Cove and St. Augustine, FL substitute Channel 295A for 299A at a Flexibility Act of 1980 do not apply to new site at Owingsville, Kentucky and this proceeding. AGENCY: Federal Communications modify Gateway’s license for Station Members of the public should note Commission. WKCA accordingly, and to substitute that from the time a Notice of Proposed ACTION: Proposed rule. Channel 300A for Channel 299A at Rule Making is issued until the matter SUMMARY: This document requests Falmouth, Kentucky and modify the is no longer subject to Commission comments on a petition for rulemaking Station WIOK(FM) license accordingly. consideration or court review, all ex filed by Renda Broadcasting Corporation Hammond Broadcasting, Inc., Ltd., parte contacts are prohibited in licensee of Station WIOK(FM) is ordered of Nevada, licensee of Station WSOS– Commission proceedings, such as this FM, Channel 231C3, St. Augustine, to show cause why its license should one, which involve channel allotments. not be modified to specify operation on Florida. Petitioner proposes to reallot See 47 CFR 1.1204(b) for rules Channel 231C3 from St. Augustine to Channel 300A in lieu of 299A at governing permissible ex parte contacts. Owingsville. Channel 298C3 can be Fruit Cove, Florida, as the community’s allotted at Midway, Kentucky at a site For information regarding proper first local transmission service, and to 12.3 kilometers (7.6 miles) southeast of filing procedures for comments, see 47 modify the license for Station WSOS– the community at coordinates 38–06–25 CFR 1.415 and 1.420. This document FM to reflect the change of community. NL and 84–33–19 WL. Channel 300A does not contain proposed information The proposed coordinates for Channel can be allotted at Falmouth at Station collection requirements subject to the 231C3 at Fruit Cove are 30–01–27 NL WIOK’s current site 10.3 kilometers (6.4 Paperwork Reduction Act of 1995, and 81–36–19 WL with a site restriction miles) south of the community at Public Law 104–13. In addition, of 10.2 kilometers (6.4 miles) south of coordinates 38–35–13 NL and 84–21–40 therefore, it does not contain any the community. WL. Channel 295A can be allotted at proposed information collection burden DATES: Comments must be filed on or Owingsville at Petitioners’ requested ‘‘for small business concerns with fewer before September 19, 2005, and reply site 14.0 kilometers (8.7 miles) east of than 25 employees,’’ pursuant to the comments on or before October 4, 2005. the community 38–08–41 NL and 84– Small Business Paperwork Relief Act of ADDRESSES: Secretary, Federal 08–34 WL. 2002, Public Law 1107–198, see 44 Communications Commission, 445 DATES: Comments must be filed on or U.S.C. 3506(c)(4). Twelfth Street, SW., Washington, DC before September 19, 2005, and reply 20554. In addition to filing comments comments on or before October 4, 2005. List of Subjects in 47 CFR Part 73 with the FCC, interested parties should ADDRESSES: Secretary, Federal Radio, Radio broadcasting. serve the Petitioner’s counsel as follows: Communications Commission, 445 Mark N. Lipp, Esq., Vinson & Elkins Twelfth Street, SW., Washington, DC For the reasons discussed in the L.L.P., 1455 Pennsylvania Ave., NW., 20554. In addition to filing comments preamble, the Federal Communications Suite 600, Washington, DC 20004–1008. with the FCC, interested parties should Commission proposes to amend 47 CFR FOR FURTHER INFORMATION CONTACT: serve the Petitioner as follows: John F. Part 73 as follows: Helen McLean, Media Bureau, (202) Garziglia, Esq., Michael H. Shacter, Esq., 418–2738. Womble, Carlyle, Sandridge, & Rice, PART 73—RADIO BROADCAST SERVICES SUPPLEMENTARY INFORMATION: This is a PLLC, 1401 I Street, NW., Seventh synopsis of the Commission’s Notice of Floor, Washington, DC 20005 (Counsel Proposed Rule Making, MB Docket No. to Gateway Radio Works, Inc.); Sally A. 1. The authority citation for Part 73 continues to read as follows: 05–244, adopted July 27, 2005, and Buckman, Esq., Leventhal, Senter & released July 29, 2005. The full text of Lerman, 2000 K Street, NW., Suite 600, Authority: 47 U.S.C. 154, 303, 334 and 336. this Commission decision is available Washington, DC 20006 (Counsel to L.M. § 73.202 [Amended] for inspection and copying during Communications of Kentucky, LLC). normal business hours in the FCC’s FOR FURTHER INFORMATION CONTACT: 2. Section 73.202(b), the Table of FM Reference Information Center at Portals Victoria McCauley, Media Bureau, (202) Allotments under Kentucky, is amended II, CY–A257, 445 Twelfth Street, SW., 418–2180. by removing Channel 298A and adding Washington, DC. This document may SUPPLEMENTARY INFORMATION: This is a Channel 300A at Falmouth, by removing also be purchased from the synopsis of the Commission’s Notice of Channel 300A and adding Channel Commission’s duplicating contractors, Proposed Rule Making and Order to 298C3 at Midway, and by removing Best Copy and Printing, Inc., 445 12th Show Cause, MB Docket No. 05–248, Channel 299A and adding Channel Street, SW., Room CY–B402, adopted July 27, 2005, and released July 295A at Owingsville. Washington, DC 20554, telephone 1– 29, 2005. The full text of this 800–378–3160 or http:// Federal Communications Commission. Commission decision is available for www.BCPIWEB.com. This document inspection and copying during normal John A. Karousos, does not contain proposed information business hours in the FCC’s Reference Assistant Chief, Audio Division, Media collection requirements subject to the Information Center at Portals II, CY– Bureau. Paperwork Reduction Act of 1995, A257, 445 Twelfth Street, SW., [FR Doc. 05–16066 Filed 8–16–05; 8:45 am] Public Law 104–13. In addition, Washington, DC. This document may BILLING CODE 6712–01–P therefore, it does not contain any

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proposed information collection burden Vista, Arizona, proposing the Small Business Paperwork Relief Act of ‘‘for small business concerns with fewer reallotment of Channel 265A from 2002, Public Law 107–198, see 44 U.S.C. than 25 employees,’’ pursuant to the Sierra Vista to Tanque Verde, Arizona, 3506(c)(4). Small Business Paperwork Relief Act of as its first local service and modification Provisions of the Regulatory 2002, Public Law 107–198, see 44 U.S.C. of the FM Station KZMK(FM) license Flexibility Act of 1980 do not apply to 3506(c)(4). accordingly. Channel 265A can be this proceeding. Provisions of the Regulatory allotted to Tanque Verde in conformity Members of the public should note Flexibility Act of 1980 do not apply to with the Commission’s rules, provided that from the time a Notice of Proposed this proceeding. there is a site restriction of 9.2 Rule Making is issued until the matter Members of the public should note kilometers (5.7 miles) north at reference is no longer subject to Commission that from the time a Notice of Proposed coordinates 32–19–59 NL and 110–45– consideration or court review, all ex Rule Making is issued until the matter 19 WL. Tanque Verde is located within parte contacts are prohibited in is no longer subject to Commission 320 kilometers (199 miles) of the U.S.- Commission proceedings, such as this consideration or court review, all ex Mexican border and the proposed one, which involve channel allotments. parte contacts are prohibited in reallotment is short-spaced to Mexican See 47 CFR 1.1204(b) for rules Commission proceedings, such as this vacant Channel 266B, Sasabe, SO by 3.1 governing permissible ex parte contact. one, which involve channel allotments. kilometers. As such, Mexican For information regarding proper See 47 CFR 1.1204(b) for rules concurrence for this proposed filing procedures for comments, see 47 governing permissible ex parte contacts. reallotment has been requested as a CFR 1.415 and 1.420. For information regarding proper specially negotiated short-spaced filing procedures for comments, see 47 limited allotment. In accordance with List of Subjects in 47 CFR Part 73 CFR 1.415 and 1.420. the provisions of Section 1.420(i) of the Radio, Radio broadcasting. Commission’s rules, we shall not accept List of Subjects in 47 CFR Part 73 For the reasons discussed in the competing expressions of interest preamble, the Federal Communications Radio, Radio broadcasting. pertaining to the use of Channel 265A Commission proposes to amend 47 CFR For the reasons discussed in the at Tanque Verde. part 73 as follows: preamble, the Federal Communications DATES: Comments must be filed on or Commission proposes to amend 47 CFR before September 19, 2005, and reply PART 73—RADIO BROADCAST Part 73 as follows: comments on or before October 4, 2005. SERVICES ADDRESSES: Federal Communications 1. The authority citation for part 73 PART 73—RADIO BROADCAST Commission, 445 Twelfth Street, SW., continues to read as follows: SERVICES Washington, DC 20554. In addition to Authority: 47 U.S.C. 154, 303, 334 and 336. 1. The authority citation for Part 73 filing comments with the FCC, continues to read as follows: interested parties should serve counsel, § 73.202 [Amended] as follows: Howard M. Liberman, Esq., Authority: 47 U.S.C. 154, 303, 334 and 336. Elizabeth A. Hammond, Esq., Counsel 2. Section 73.202(b), the Table of FM for CCR–Sierra Vista IV, LLC, Drinker Allotments under Arizona, is amended § 73.202 [Amended] by removing Channel 265A at Sierra 2. Section 73.202(b), the Table of FM Biddle & Reath LLP, 1500 K Street, NW., Suite 1100, Washington, DC 20005. Vista and by adding Tanque Verde, Allotments under Florida, is amended Channel 265A. by removing Channel 231C3 at St. FOR FURTHER INFORMATION CONTACT: Federal Communications Commission. Augustine and by adding Fruit Cove, Rolanda F. Smith, Media Bureau, (202) Channel 231C3. 418–2180. John A. Karousos, SUPPLEMENTARY INFORMATION: This is a Assistant Chief, Audio Division, Media Federal Communications Commission. summary of the Commission’s Notice of Bureau. John A. Karousos, Proposed Rule Making, MB Docket No. [FR Doc. 05–16064 Filed 8–16–05; 8:45 am] Assistant Chief, Audio Division, Media 05–245, adopted July 27, 2005, and BILLING CODE 6712–01–P Bureau. released July 29, 2005. The full text of [FR Doc. 05–16065 Filed 8–16–05; 8:45 am] this Commission decision is available BILLING CODE 6712–01–P for inspection and copying during DEPARTMENT OF TRANSPORTATION normal business hours in the Commission’s Reference Center, 445 National Highway Traffic Safety FEDERAL COMMUNICATIONS Twelfth Street, SW., Washington, DC Administration COMMISSION 20554. The complete text of this 49 CFR Part 571 47 CFR Part 73 decision may also be purchased from the Commission’s duplicating [Docket No. NHTSA–2005–22093] [DA 05–2208; MB Docket No. 05–245; RM– contractor, Best Copy and Printing, Inc., 11264] 445 12th Street, SW., Room CY–B402, RIN 2127–AJ31 Washington, DC 20054, telephone 1– Radio Broadcasting Services; Sierra Federal Motor Vehicle Safety 800–378–3160 or http:// Vista and Tanque Verde, AZ Standards; Theft Protection www.BCPIWEB.com. This document AGENCY: Federal Communications does not contain proposed information AGENCY: National Highway Traffic Commission. collection requirements subject to the Safety Administration (NHTSA), ACTION: Proposed rule. Paperwork Reduction Act of 1995, Department of Transportation. Public Law 104–13. In addition, ACTION: Notice of proposed rulemaking SUMMARY: The Audio Division seeks therefore, it does not contain any (NPRM). comment on a petition filed by CCR– proposed information collection burden Sierra Vista IV, LLC, licensee of FM ‘‘for small business concerns with fewer SUMMARY: Our safety standard on theft Station KZMK, Channel 265A, Sierra than 25 employees,’’ pursuant to the protection specifies vehicle performance

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requirements intended to reduce the (202) 366–5559. E-mail: permit an override device that would incidence of crashes resulting from theft [email protected]. enable the vehicle operator to remove and accidental rollaway of motor For legal issues: Mr. George Feygin, the key without the transmission being vehicles. As a result of technological Office of the Chief Counsel, NCC–112, locked in ‘‘park,’’ and to move the advances in the area of theft protection, NHTSA, 400 7th Street, SW., transmission lever without using the the terminology used in the regulatory Washington, DC 20590. Telephone: key, under certain circumstances. The text of the Standard has become (202) 366–5834. E-mail: purpose of these override provisions outdated and incompatible with key- [email protected]. was to address certain situations when locking systems that employ electronic SUPPLEMENTARY INFORMATION: it may be necessary to remove key codes to lock and unlock the vehicle, without shifting the transmission lever and to enable engine activation. This Table of Contents because the vehicle has become document proposes to amend and I. Background disabled.3 reorganize the regulatory text of the II. Recent Letters of Interpretation Regarding While FMVSS No. 114 evolved to Standard so that it better correlates to FMVSS No. 114 address not only theft protection, but III. VW Petition for Rulemaking modern theft protection technology and IV. Proposed Changes to the Regulatory Text also accidental rollaway prevention, the reflects the agency’s interpretation of V. Effective Date of the Proposed Changes terminology used in the regulatory text the existing requirements. The proposed VI. Request for Comments has remained unchanged since its requirements would not impose any VII. Rulemaking Analyses and Notices introduction more than 35 years ago. new substantive requirements on A. Executive Order 12866 and DOT However, theft protection technology vehicle manufacturers. Regulatory Policies and Procedures has advanced considerably during that B. Executive Order 13132 (Federalism) DATES: You should submit your time. As a result, certain provisions of C. Executive Order 13045 comments early enough to ensure that the Standard have become increasingly D. Civil Justice Reform ambiguous when applied to modern Docket Management receives them not E. Regulatory Flexibility Act later than October 17, 2005. F. Paperwork Reduction Act theft protection technology not contemplated by the Standard when it ADDRESSES: You may submit comments G. National Technology Transfer And first went into effect. identified by the DOT Docket Number Advancement Act For example, a number of vehicles cited in the heading of this document by H. Unfunded Mandates Reform Act I. Regulation Identifier Number (RIN) now feature electronic systems. any of the following methods: J. Privacy Act Typically, this involves a card or a • Web Site: http://dms.dot.gov. K. Plain Language similar device that is carried in an Follow the instructions for submitting K. National Environmental Policy Act occupant’s pocket or purse. The card comments on the DOT electronic docket VIII. Regulatory Text carries an electronic code that acts as site. • I. Background the key when it is transmitted to the Fax: 1–202–493–2251. vehicle’s onboard locking system. The • Mail: Docket Management Facility; FMVSS No. 114, Theft protection, specifies vehicle performance vehicle has a sensor that automatically U.S. Department of Transportation, 400 unlocks the door and allows the vehicle 7th Street, SW., Nassif Building, Room requirements intended to reduce the incidence of crashes resulting from theft operator to activate the engine, when it PL–401, Washington, DC 20590–001. receives the code. The code-carrying • Hand Delivery: Room PL–401, 400 and accidental rollaway of motor vehicles. The standard applies to all device (i.e., card or otherwise) never has 7th Street, SW., Washington, DC, to leave the vehicle operator’s pocket or between 9 a.m. and 5 p.m., Monday passenger cars, and to trucks and multipurpose passenger vehicles with a purse and is not inserted into the through Friday, except Federal holidays. ignition module. • GVWR of 4536 kilograms (10,000 Federal eRulemaking Portal: Go to In response to manufacturers’ http://www.regulations.gov. Follow the pounds) or less. The standard first became effective on January 1, 1970.1 requests, NHTSA issued a series of online instructions for submitting interpretation letters explaining how the comments. The purpose of the standard was to prevent crashes caused by unauthorized Standard applied to various key-locking Instructions: All submissions must systems that did not utilize include the agency name and docket use of unattended motor vehicles. Thus, the standard sought to ensure that the conventional keys, but instead relied on number. Note that all comments electronic codes to lock and unlock the received will be posted without change vehicle could not be easily operated without the key, and that the vehicle vehicle, and to enable engine activation. to http://dms.dot.gov including any In 2002, NHTSA received a petition personal information provided. Please operator would not forget to remove the key from the ignition system upon for rulemaking from Volkswagen of see the Privacy Act heading under America (VW) asking the agency to Regulatory Notices. exiting the vehicle. In response to the problem of amend a certain provision of the Docket: For access to the docket to accidental rollaway crashes resulting standard related to rollaway prevention, read background documents or from children inadvertently moving the that will be discussed below. The comments received, go to http:// automatic transmission lever to a agency decided to grant the petitioner’s dms.dot.gov at any time or to Room PL– neutral position when a stationary request. However, instead of addressing 401 on the plaza level of the Nassif vehicle is parked on a slope, NHTSA only the limited issues raised by VW, Building, 400 7th Street, SW., later amended FMVSS No. 114 to this document takes a broader approach Washington, DC, between 9 a.m. and 5 require that the automatic transmission and proposes to amend and reorganize p.m., Monday through Friday, except lever be locked in the ‘‘park’’ position the regulatory text of FMVSS No. 114 so Federal holidays. before the key can be removed from the that it better correlates to modern FOR FURTHER INFORMATION CONTACT: For ignition system.2 Subsequently, NHTSA antitheft technology and reflects the technical issues: Ms. Gayle Dalrymple, amended these new requirements to agency’s interpretation of the existing Office of Crash Avoidance Standards, requirements. NVS–123, NHTSA, 400 7th Street, SW., 1 See 33 FR 6471 (April 24, 1968). Washington, DC 20590. Telephone: 2 See 55 FR 21868, (May 30, 1990). 3 See 56 FR 12464 (March 26, 1991).

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II. Recent Letters of Interpretation removable only by use of a screwdriver transmission from one gear to another. Regarding FMVSS No. 114 or other tool.’’ The agency believes that this term is On October 29, 2002, NHTSA As noted above, the agency received unnecessarily design-specific. We have received a petition from VW asking the several requests for legal interpretation therefore substituted the term ‘‘gear agency to amend S4.2.2(a) by removing of the requirements of FMVSS No. 114, selection control’’ for the term provisions related to the override device ‘‘transmission shift lever.’’ as they apply to key-locking systems covering. VW argued that these 4. As previously discussed, S4.2.1 of using various remote access devices. In provisions are unnecessarily design- the current Standard specifies that a key response, the agency has stated that the restrictive. VW indicated that there are cannot be removed from the ignition electronic code transmitted from a other ways to ensure that the override until the transmission shift lever is remote device to the vehicle can be device is not engaged inadvertently. locked in ‘‘park.’’ However, the considered a ‘‘key’’ for the purposes of 4 Specifically, VW suggested that the Standard provides for an optional FMVSS No. 114. We have also agency allow an override device that override device designed to allow (a) elaborated on how other provisions of requires using a tool to activate the removal of the key when the the standard applies to electronic codes. override device while simultaneously transmission is not in the ‘‘park,’’ and For example, the agency stated that the removing the key. (b) moving the transmission out of narrow provisions related to electrical The agency agrees that the regulatory ‘‘park’’ when the key is not in the failure do not apply to electronically text related to the override device cover ignition. The Standard requires that the coded cards or other means used to is unnecessarily design-restrictive. means for activating this device must be enter an electronic key code into the Accordingly, this document grants the covered by a non-transparent surface locking system because those provisions VW petition for rulemaking and which, when installed, prevents sight of were specifically crafted in the context proposes to amend the relevant portions and activation of the device. This 5 of traditional keys. We also explained of the regulatory text. covering surface can only be removable that systems using an electronic code by use of a tool.7 instead of conventional key would IV. Proposed Changes to the Regulatory In response to the VW petition satisfy the rollaway prevention Text described above, we are proposing to provisions if the code remained in the First, the agency is proposing to amend the requirement that the override vehicle until the transmission gear is reorganize the regulatory text of the device be covered by a non-transparent locked in the ‘‘park’’ position. Standard such that the requirements surface. Specifically, as an alternative to We have followed our interpretation related to theft protection are separated the current requirement, we are of the definition of ‘‘key’’ in addressing from the requirements intended to proposing to permit an override device other issues related to FMVSS No. 114. prevent accidental rollaway. Second, that requires using a tool to activate the However, instead of relying on whenever possible, we are proposing to override device while simultaneously interpretations, and possibly facing simplify the language used in the removing the key. We believe that additional questions in the future, the Standard to make it more clear. Finally, requiring the use of a tool in order to agency believes that it is appropriate to this document proposes to amend activate this type of override device amend the regulatory text of FMVSS No. requirements and definitions that are would involve sufficient complexity to 114 so that it better correlates to modern unnecessarily design-restrictive. prevent possible inadvertent activation antitheft technology and better reflects While we discuss certain specific by a child. the agency’s interpretation of the aspects of our proposal below, we 5. The current Standard allows only existing requirements. The specifics of encourage readers to carefully examine override systems that prevent steering our proposal are discussed in Section IV each paragraph of the proposed before the key can be released, or the below. regulatory text because the entire text is transmission lever can be shifted. The revised. agency previously indicated that this III. VW Petition for Rulemaking 1. We are proposing to revise the requirement ensured that the theft As previously discussed, in order to paragraphs explaining the Standard’s protection aspects of the standard prevent accidental rollaways, the scope and purpose to better reflect its remained intact even in certain Standard currently requires that, for goal of reducing the incidence of situations where the vehicle was vehicles with automatic transmission, crashes resulting from theft and also disabled.8 After further evaluating this the transmission lever must be locked in accidental rollaway of motor vehicles. aspect of our requirements, we ‘‘park’’ before the vehicle operator could This change has no substantive tentatively conclude that an override remove the key.6 However, the Standard significance because the Standard device that would prevent forward self- also allows an optional ‘‘override already addresses both safety concerns, mobility (such as an immobilizer) device’’ which permits removal of the and should not be viewed as broadening instead of steering would be just as key without the automatic transmission the scope of the current requirements. effective. As explained in our being locked in ‘‘park.’’ The standard 2. We are proposing to revise the September 24, 2004 interpretation letter currently specifies that this override definition of ‘‘key’’ such that it makes it to a party who requested confidentiality: device ‘‘* * * must be covered by a appropriate not only for conventional We note that in promulgating FMVSS No. non-transparent surface which, when keys but also electronic codes and other 114, the agency expressed concern about car installed, prevents sight of and potential means of unlocking and thieves who could bypass the ignition lock. activation of the device * * *’’ and that operating the vehicle. We believe that In response to this concern, the agency ‘‘* * * The covering surface shall be the new definition is broad enough to decided to require a device, which would include not only electronic codes but prevent either self-mobility or steering even 4 See http://www.nhtsa.dot.gov/cars/rules/ also other technologies, including, for if the ignition lock were bypassed (see 33 FR 4471, April 27, 1968). interps/files/GF001689.html and http:// example, fingerprint recognition. www.nhtsa.dot.gov/cars/rules/interps/files/ 3. The current standard uses the term 7044.html. 7 The purpose of this requirement was to ensure 5 See http://www.nhtsa.dot.gov/cars/rules/ ‘‘transmission shift lever’’ in several that children could not easily gain access to the interps/files/GF001689.html. instances to refer to the mechanism by override device (see 56 FR 12464 at 12466). 6 See S4.2.2(a) of FMVSS No. 114. which the driver changes the 8 See id. at 12467.

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The engine control module immobilizer including the attachments, to Docket specified in our confidential business described in your letter satisfies the Management at the address given above information regulation.13 requirements of S4.2(b) because it locks out under ADDRESSES. Comments may also Will the Agency Consider Late the engine control module if an attempt is be submitted to the docket made to start the vehicle without the correct Comments? key or to bypass the electronic ignition electronically by logging onto the system. When the engine control module is Docket Management System Web site at We will consider all comments that locked, the vehicle is not capable of forward http://dms.dot.gov. Click on ‘‘Help & Docket Management receives before the self-mobility because it is incapable of Information’’ or ‘‘Help/Info’’ to obtain close of business on the comment moving forward under its own power.9 instructions for filing the document closing date indicated above under Further, as explained in our May 27, electronically. If you are submitting DATES. To the extent possible, we will 2003 interpretation letter to Jaguar, comments electronically as a PDF also consider comments that Docket preventing steering after a moving (Adobe) file, we ask that the documents Management receives after that date. If vehicle has experienced a complete loss submitted be scanned using Optical Docket Management receives a comment of electrical power would not be Character Recognition (OCR) process, too late for us to consider in developing appropriate before a vehicle could be thus allowing the agency to search and a final rule (assuming that one is safely stopped.10 Therefore, we are copy certain portions of your issued), we will consider that comment proposing to amend this aspect of the submissions.12 as an informal suggestion for future rulemaking action. override provisions to allow Please note that pursuant to the Data manufacturers greater flexibility in Quality Act, in order for substantive How Can I Read the Comments designing their override devices and to data to be relied upon and used by the Submitted by Other People? allow manufacturers the choice to use agency, it must meet the information You may read the materials placed in electronic theft prevention devices, such quality standards set forth in the OMB the docket for this document (e.g., the as immobilizers, instead of using and DOT Data Quality Act guidelines. comments submitted in response to this steering locks if they desire. Accordingly, we encourage you to document by other interested persons) V. Effective Date of the Proposed consult the guidelines in preparing your by going to the street address given Changes comments. OMB’s guidelines may be above under ADDRESSES. The hours of accessed at http://www.whitehouse.gov/ As previously discussed, with the the Docket Management System (DMS) omb/fedreg/reproducible.html. DOT’s exception of the override provisions, are indicated above in the same guidelines may be accessed at http:// which would be made less restrictive, location. dmses.dot.gov/submit/ You may also read the materials on the proposed amendments would not DataQualityGuidelines.pdf. the Internet. To do so, take the following make substantive changes to the existing steps: standard. Instead, we are proposing to How Can I Be Sure That My Comments (1) Go to the Web page of the amend and reorganize the regulatory Were Received? Department of Transportation DMS text of FMVSS No. 114 so that it better (http://dms.dot.gov/search/ correlates to modern theft protection If you wish Docket Management to notify you upon its receipt of your searchFormSimple.cfm). technology and reflects the agency’s (2) On that page type in the five-digit interpretation of the existing comments, enclose a self-addressed, stamped postcard in the envelope docket number cited in the heading of requirements. We believe vehicle this document. After typing the docket manufacturers would not have to make containing your comments. Upon receiving your comments, Docket number, click on ‘‘search.’’ any changes to their vehicles if this (3) On the next page (‘‘Docket Search proposal was made final. Accordingly, Management will return the postcard by mail. Results’’), which contains docket we propose to make this document summary information for the materials effective 60 days following the How Do I Submit Confidential Business in the docket you selected, scroll down publication of the final rule. Information? and click on the desired materials. You VI. Request for Comments may download the materials. If you wish to submit any information How Do I Prepare and Submit under a claim of confidentiality, you VII. Rulemaking Analyses and Notices Comments? should submit three copies of your A. Executive Order 12866 and DOT Your comments must be written and complete submission, including the Regulatory Policies and Procedures information you claim to be confidential in English. To ensure that your This rulemaking document was not comments are correctly filed in the business information, to the Chief reviewed under Executive Order 12866, Docket, please include the docket Counsel, NHTSA, at the address given ‘‘Regulatory Planning and Review.’’ The number of this document in your above under FOR FURTHER INFORMATION agency has considered the impact of this comments. Your comments must not be CONTACT. In addition, you should proposal under the Department of more than 15 pages long.11 We submit two copies, from which you Transportation’s regulatory policies and established this limit to encourage you have deleted the claimed confidential procedures, and has determined that it to write your primary comments in a business information, to Docket Management at the address given above is not significant. concise fashion. However, you may This document proposes to amend under ADDRESSES. When you send a attach necessary additional documents and reorganize the regulatory text of 49 comment containing information to your comments. There is no limit on CFR 571.114 so that it better correlates claimed to be confidential business the length of the attachments. Please to modern theft protection technology information, you should include a cover submit two copies of your comments, and better reflects the agency’s letter setting forth the information interpretation of the existing 9 http://www.nhtsa.dot.gov/cars/rules/interps/ requirements. Additionally, this files/GF005229–2.html. 12 Optical character recognition (OCR) is the 10 http://www.nhtsa.dot.gov/cars/rules/interps/ process of converting an image of text, such as a document proposes to make certain files/GF001689.html. scanned paper document or electronic fax file, into 11 See 49 CFR 553.21. computer-editable text. 13 See 49 CFR part 512.

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provisions of 49 CFR 571.114 less E. Regulatory Flexibility Act aggregate, or by the private sector, of restrictive. If made final, the vehicle The Regulatory Flexibility Act of 1980 more than $100 million in any one year manufacturers would not have to make (5 U.S.C. 601 et seq.) requires agencies ($120.7 million as adjusted annually for any changes to their vehicles as a result to evaluate the potential effects of their inflation with base year of 1995). of this rule. The impacts of this proposed rules on small businesses, The proposed requirements would not proposed rule are so minor that we small organizations and small result in costs of $120.7 million or more determined that a separate regulatory governmental jurisdictions. I have to either State, local, or tribal evaluation is not needed. considered the possible effects of this governments, in the aggregate, or to the private sector. B. Executive Order 13132 (Federalism) rulemaking action under the Regulatory Flexibility Act and certify that it would I. Regulation Identifier Number (RIN) The agency has analyzed this not have a significant economic impact The Department of Transportation proposal in accordance with the on a substantial number of small assigns a regulation identifier number principles and criteria set forth in entities. (RIN) to each regulatory action listed in Executive Order 13132. This proposal This document proposes to amend the Unified Agenda of Federal would not have a substantial direct and reorganize the regulatory text of 49 Regulations. The Regulatory Information effects on the States, on the relationship CFR 571.114 so that it better correlates Service Center publishes the Unified between the national government and to modern theft protection technology Agenda in April and October of each the States, or on the distribution of and better reflects the agency’s year. You may use the RIN contained in power and responsibilities among the interpretation of the existing the heading at the beginning of this various levels of government, as requirements. If made final, vehicle document to find this action in the specified in Executive Order 13132. manufacturers or any other small businesses would not have to make any Unified Agenda. C. Executive Order 13045 changes to their products as a result of J. Privacy Act this rule. Executive Order 13045 (62 FR 19885, Please note that anyone is able to April 23, 1997) applies to any rule that: F. Paperwork Reduction Act search the electronic form of all (1) is determined to be ‘‘economically Under the Paperwork Reduction Act comments received into any of our significant’’ as defined under E.O. of 1995, a person is not required to dockets by the name of the individual 12866, and (2) concerns an respond to a collection of information submitting the comment (or signing the environmental, health or safety risk that by a Federal agency unless the comment, if submitted on behalf of an NHTSA has reason to believe may have collection displays a valid OMB control association, business, labor union, etc.). a disproportionate effect on children. If number. This proposal does not include You may review DOT’s complete the regulatory action meets both criteria, any new information collection Privacy Act Statement in the Federal we must evaluate the environmental requirements. Register published on April 11, 2000 health or safety effects of the planned (Volume 65, Number 70; Pages 19477– G. National Technology Transfer and rule on children, and explain why the 78), or you may visit http://dms.dot.gov. planned regulation is preferable to other Advancement Act potentially effective and reasonably Section 12(d) of the National K. Plain Language feasible alternatives considered by us. Technology Transfer and Advancement Executive Order 12866 requires each This proposal is not subject to the Act of 1995 (NTTAA), Public Law 104– agency to write all rules in plain Executive Order 13045 because it is not 113, section 12(d) (15 U.S.C. 272) language. Application of the principles economically significant as defined in directs us to use voluntary consensus of plain language includes consideration standards in its regulatory activities of the following questions: E.O. 12866 and does not involve • decisions based on environmental, unless doing so would be inconsistent Have we organized the material to with applicable law or otherwise suit the public’s needs? safety or health risks having a • disproportionate impact on children. impractical. Voluntary consensus Are the requirements in the rule standards are technical standards (e.g., clearly stated? D. Civil Justice Reform materials specifications, test methods, • Does the rule contain technical sampling procedures, and business language or jargon that isn’t clear? This final rule does not have any practices) that are developed or adopted • Would a different format (grouping retroactive effect. Under 49 U.S.C. by voluntary consensus standards and order of sections, use of headings, 21403, whenever a Federal motor bodies. The NTTAA directs us to paragraphing) make the rule easier to vehicle safety standard is in effect, a provide Congress, through OMB, understand? State may not adopt or maintain a safety explanations when we decide not to use • Would more (but shorter) sections standard applicable to the same aspect available and applicable voluntary be better? of performance which is not identical to consensus standards. • Could we improve clarity by adding the Federal standard, except to the There are no available voluntary tables, lists, or diagrams? extent that the state requirement consensus standards that are equivalent • What else could we do to make the imposes a higher level of performance to FMVSS No. 114. rule easier to understand? and applies only to vehicles procured If you have any responses to these for the State’s use. 49 U.S.C. 21461 sets H. Unfunded Mandates Reform Act questions, please include them in your forth a procedure for judicial review of Section 202 of the Unfunded comments on this proposal. final rules establishing, amending or Mandates Reform Act of 1995 (UMRA) revoking Federal motor vehicle safety requires Federal agencies to prepare a L. National Environmental Policy Act standards. That section does not require written assessment of the costs, benefits NHTSA has analyzed this proposal for submission of a petition for and other effects of proposed or final the purposes of the National reconsideration or other administrative rules that include a Federal mandate Environmental Policy Act. The agency proceedings before parties may file suit likely to result in the expenditure by has determined that implementation of in court. State, local or tribal governments, in the this action would not have any

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significant impact on the quality of the key is removed from the starting system starting system without the transmission human environment. prevents: or gear selection control locked in the (a) The normal activation of the ‘‘park’’ position; or VI. Regulatory Text vehicle’s engine or motor; and (b) Provided that steering or self- List of Subjects in 49 CFR Parts 571 (b) Either steering, or forward self- mobility is prevented, the vehicle may mobility, of the vehicle, or both. Motor vehicle safety, Reporting and have a device by which the user can S5.1.2 For each vehicle type recordkeeping requirements, Tires. remove the key from the starting system In consideration of the foregoing, part manufactured by a manufacturer, the without the transmission or gear 571 would be amended as follows: manufacturer must provide at least selection control locked in ‘‘park.’’ This 1,000 unique key combinations, or a device must require: PART 571—[AMENDED] number equal to the total number of the (i) The use of a tool, and vehicles of that type manufactured by (ii) Simultaneous activation of the 1. The authority citation for part 571 the manufacturer, whichever is less. The device and removal of the key; or would continue to read as follows: same combinations may be used for (c) Provided that steering or self- Authority: 49 U.S.C. 322, 2011, 30115, more than one vehicle type. mobility is prevented, the vehicle may 30166 and 30177; delegation of authority at S5.1.3. Except as specified below, an have a device by which the user can 49 CFR 1.50. audible warning to the vehicle operator remove the key from the starting system 2. Section 571.114 would be revised must be activated whenever the key is without the transmission or gear to read as follows: in the starting system and the door selection control locked in ‘‘park.’’ This located closest to the driver’s designated device must be covered by an opaque § 571.114 Standard No. 114; Theft seating position is opened. An audible surface which, when installed: protection and rollaway prevention. warning to the vehicle operator need not (i) Prevents sight of and use of the S1. Scope. This standard specifies activate: device, and vehicle performance requirements (a) After the key has been inserted (ii) Can be removed only by using a intended to reduce the incidence of into the starting system, and before the screwdriver or other tool. crashes resulting from theft and driver takes further action; or S5.2.4 Gear Selection Control Override accidental rollaway of motor vehicles. (b) If the key is in the starting system Option S2. Purpose. The purpose of this in a manner or position that allows the standard is to decrease the likelihood engine or motor to be started or to The vehicle may have a device by that a vehicle is stolen, or accidentally continue operating; or which the user can move the gear set in motion. (c) For mechanical keys and starting selection control from ‘‘park’’ after the S3. Application. This standard systems, after the key has been key has been removed from the starting applies to all passenger cars, and to withdrawn to a position from which it system. This device must be operable by trucks and multipurpose passenger may not be turned. one of the three options below: vehicles with a GVWR of 4,536 S5.1.4. If a vehicle is equipped with (a) By use of the key; or kilograms (10,000 pounds) or less. a transmission with a ‘‘park’’ position, (b) By a means other than the key, However, it does not apply to walk-in the means for deactivating the vehicle’s provided steering or forward self- van-type vehicles. engine or motor must not activate any mobility is prevented when the key is device installed pursuant to S5.1.1(b), removed from the starting system. Such S4. Definitions unless the transmission is locked in the a means must require: Combination means a variation of the ‘‘park’’ position. (i) The use of a tool, and key that permits the starting system of (ii) Simultaneous activation of this a particular vehicle to be operated. S5.2. Rollaway Prevention in Vehicles means and movement of the gear Key means a physical device or an Equipped With Transmissions With a selection control from ‘‘park;’’ or electronic code which, when inserted ‘‘Park’’ Position (c) By a means other than the key, into the starting system (by physical or S5.2.1 Except as specified in S5.2.3, provided steering or forward self- electronic means), enables the vehicle the starting system required by S5.1 mobility is prevented when the key is operator to activate the engine or motor. must prevent key removal when tested removed from the starting system. This Open-body type vehicle means a according to the procedures in S6, device must be covered by an opaque vehicle having no occupant unless the transmission or gear selection surface which, when installed: compartment doors or vehicle having control is locked in ‘‘park’’ or becomes (i) Prevents sight of and use of the readily detachable occupant locked in ‘‘park’’ as a direct result of key device, and compartment doors. removal. (ii) Can be removed only by using a Starting system means the vehicle S5.2.2 Except as specified in S5.2.4, screwdriver or other tool. system used in conjunction with the key the vehicle must be designed such that S5.2.5 When tested in accordance to activate the engine or motor. the transmission or gear selection with S6.2.2, each vehicle must not move Vehicle type, as used in S5.1.2, refers control cannot move from the ‘‘park’’ more than 150 mm on a 10 percent to passenger car, truck, or multipurpose position, unless the key is in the starting grade when the gear selection control is passenger vehicle, as those terms are system. locked in ‘‘park.’’ defined in 49 CFR 571.3. S5.2.3 Key Removal Override Option S6. Compliance Test Procedure for S5. Requirements. Each vehicle Vehicles With Transmissions With a subject to this standard must meet the At the option of the manufacturer, the ‘‘Park’’ Position requirements of S5.1 and S5.2. Open- key may be removed from the starting body type vehicles are not required to system without the transmission or gear S6.1 Test Conditions comply with S5.1.3. selection control in the ‘‘park’’ position S6.1.1 The vehicle shall be tested at under one of the following conditions: curb weight plus 91 kg (including the S5.1 Theft Protection (a) In the event of electrical failure, driver). S5.1.1 Each vehicle must have a including battery discharge, the key may S6.1.2 Except where specified starting system which, whenever the be automatically removed from the otherwise, the test surface shall be level.

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S6.2 Test Procedure (c) Move the gear selection control to (c) Move the gear selection control to ‘‘park.’’ ‘‘park.’’ S6.2.1 (d) Note the vehicle position. (d) Note the vehicle position. (a) Activate the starting system using (e) Release the parking brake. Release (e) Release the parking brake. Release the key. the service brakes. the service brakes. (b) Move the gear selection control to (f) Remove the key. any gear selection position or any other (g) Verify that the gear selection (f) Remove the key. position where it will remain without control or transmission is locked in (g) Verify that the gear selection assistance, including a position between ‘‘park.’’ control or transmission is locked in any detent positions, except for the (h) Verify that the vehicle, at rest, has ‘‘park.’’ ‘‘park’’ position. moved no more than 150 mm from the (h) Verify that the vehicle, at rest, has (c) Attempt to remove the key in each position noted prior to release of the moved no more than 150 mm from the gear selection position. brakes. position noted prior to release of the S6.2.2 S6.2.3 brakes. (a) Drive the vehicle forward up a 10 (a) Drive the vehicle forward down a Issued: August 5, 2005. percent grade and stop it with the 10 percent grade and stop it with the Stephen R. Kratzke, service brakes. service brakes. Associate Administrator for Rulemaking. (b) Apply the parking brake (if (b) Apply the parking brake (if [FR Doc. 05–16226 Filed 8–16–05; 8:45 am] present). present). BILLING CODE 4910–59–P

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Notices Federal Register Vol. 70, No. 158

Wednesday, August 17, 2005

This section of the FEDERAL REGISTER environmental consequences of grazing direct mailing on March 21, 2005. contains documents other than rules or management actions on those Comments were due by April 20, 2005. proposed rules that are applicable to the conditions, and assist the decision Additional comments will be solicited public. Notices of hearings and investigations, maker in selecting management/ during August and September 2005 via committee meetings, agency decisions and monitoring strategies consistent with public notices and an additional direct rulings, delegations of authority, filing of petitions and applications and agency meeting desired conditions in the BHNF mailing. Also, response to the draft EIS statements of organization and functions are LRMP, including Goals 1, 2 and 3. The will be sought from the interested examples of documents appearing in this need for the action is to revise allotment public in December 2005 and January section. management plans, reverse any existing 2006. Preliminary issues include undesirable conditions, and ensure that grassland and riparian health, water authorized uses and associated quality, and effects on sensitive wildlife DEPARTMENT OF AGRICULTURE management activities move them and plant species. towards desired BHNF LRMP Forest Service conditions. There is also a need to Comment Requested respond to requests for grazing permits This notice of intent initiates the Black Hills National Forest, Northern on lands not currently being grazed. scoping proces which guides the Hills Ranger District, South Dakota and Proposed Action: The Northern Hills development of the environmental Bearlodge Ranger District, Wyoming, and Bearlodge Ranger Districts propose impact statement. It is the District’s North Zone Range 05 Proposal and to implement best management desire to involve interested parties in Analysis practices and activities with adaptive identifying the issues related to grazing management and monitoring strategies AGENCY: Forest Service, USDA. management. Comments will help the to allow livestock grazing consistent planning team identify key issues and ACTION: Notice of intent to prepare an with Forest Plan desired conditions, environmental impact statement. opportunities used to develop adaptive standards and guidelines. management tools, monitoring Possible Alternatives: The Current SUMMARY: Revise Rangeland Allotment strategies, and alternatives. Persons who Management Alternative would not Management Plans (RAMP) for eight submitted comments previously need change current permitted livestock allotments comprising about 79,634 not resubmit those same comments in grazing. The No Grazing Alternative acres within two Ranger Districts of the response to this request. Comments would eliminate any livestock grazing Black Hills National Forest and analyze submitted previously will continue to on the project area. continuation of grazing within the be considered. constraints of the Revised Black Hills Responsible Official Early Notice of Importance of Public National Forest Land and Resource The Responsible Official for the Participation in Subsequent Management Plan, as amended (BHNF allotments on the Bearlodge Ranger Environmental Review: A draft LRMP). District is Steve Kozel, District Ranger, environmental impact statement will be prepared for comment. The comment DATES: Comments concerning the scope Black Hills National Forest, Bearlodge period on the draft environmental of the analysis must be received within Ranger District, 121 S. 21st Street, impact statement will be 45 days from 30 days after publication in the Federal Sundance, Wyoming 82729. THe the date the Environmental Protection Register. The draft environmental Responsible Official for the allotments Agency publishes the notice of impact statement is expected in on the Northern Hills Ranger District is availability in the Federal Register. December, 2005 and the final Pamela Brown, District Ranger, Black The Forest Service believes, at this environmental impact statement is Hills National Forest, Northern Hills early stage, it is important to give expected February, 2005. Ranger District, 2014 N. Main St., Spearfish, South Dakota 57783. reviewers notice of several court rulings ADDRESSES: Send written comments to related to public participation in the Alice Allen, Hell Canyon Ranger Nature of Decision To Be Made environmental review process. First, District, 330 Mt. Rushmore Rd., Custer, reviewers of draft environmental South Dakota 57730. Comment may also The decision to be made is whether to continue to permit livestock grazing on impacts statements must structure their be submitted by e-mail to: comments- participation in the environmental rocky-mountain-black-hills- all, part, or none of these allotments and, if so, under what terms and review of the proposal so that it is [email protected] with ‘‘North Zone meaningful and alerts an agency to the Range 05’’ as subject. conditions to ensure that desired condition objectives are met, or that reviewer’s position and contentions. FOR FURTHER INFORMATION CONTACT: movement occurs toward those Vermont Yankee Nuclear Power Corp. v. Alice Allen, Project Coordinator, Black objectives. Whether or not to allow NRDC, 435 U.S. 519, 553 (1978). Also, Hills National Forest, Hell Canyon livestock grazing on three recently environmental objectives that could be Ranger District, at 330 Mt. Rushmore acquired parcels and one vacant grazing raised at the draft environmental impact Rd., phone (605) 673–4853. unit will also be decided, and if so, statement stage but that are not raised SUPPLEMENTARY INFORMATION: under what conditions. until after completion of the final Purpose and Need for Action: The environmental impact statement may be purpose of the project is to authorize Scoping Process waived or dismissed by the courts, City livestock grazing in an environmentally Comments and input regarding the of Angoon v. Hodel, 803 F.2d 1016, acceptable manner. The EIS will proposal were requested from the 1022 (9th Cir. 1986) and Wisconsin determine current conditions, analyze public, other groups and agencies via Heritages, Inc. v. Harris, 490 F. Supp.

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1334, 1338 (E.D. Wis. 1980). Because of DATES: Tuesday, September 06, 2005, at provides that official agency these court rulings, it is very important 18:00 hours. designations will be cancelled upon that those interested in this proposed ADDRESSES: The meeting will be held at request by the official agency with a 90 action participate by the close of the 45- the Diamond Valley School, 35 day written notice to Grain Inspection, day comment period so that substantive Hawkside Drive, Markleeville, Packers and Stockyards Administration comments and objections are made California 96120. Send written commtns (GIPSA). The Minnesota Department of available to the Forest Service at a time to Franklin Pemberton, Alpine County Agriculture (Minnesota), designated to when it can meaningfully consider them RAC coordinator, c/o USDA Forest provide official inspection and weighing and respond to them in the final Service, Humboldt-Toiyabe N.F., Carson services until September 30, 2006, has environmental impact statement. Ranger District 1536 So. Carson Street, requested GIPSA to cancel the To assist the Forest Service in Carson City, NV 89701. designation, covering official domestic identifying and considering issues and FOR FURTHER INFORMATION CONTACT: services, effective November 9, 2005. concerns on the proposed action, Alpine Co. RAC Coordinator, Franklin Minnesota will continue to provide comments on the draft environmental Pemberton at (775) 884–8150; or Gary export services under a delegation impacts statement should be as specific Schiff, Carson District Ranger and agreement with GIPSA. Accordingly, as possible. It is also helpful if Designated Federal Officer, at (775) GIPSA is announcing that Minnesota’s comments refer to specific pages or 884–8100, or electronically to designation will be canceled, on or chapters of the draft statement. [email protected]. about November 9, 2005. GIPSA is Comments may also address the asking for applicants for domestic adequacy of the draft environmental SUPPLEMENTARY INFORMATION: The service in the Minnesota area. impact statement or the merits of the meeting is open to the public. Council DATES: Applications and comments alternatives formulated and discussed in discussion is limited to Forest Service must be postmarked or electronically the statement. Reviewers may wish to staff and Council members. However, dated on or before September 16, 2005. persons who wish to bring urban and refer to the Council on Environmental ADDRESSES: We invite you to submit community forestry matters to the Quality Regulations for implementing applications and comments on this attention of the council may file written the procedural provisions of the notice. You may submit applications statements with the Council staff before National Environmental Policy Act at 40 and comments by any of the following and after the meeting. CFR 1503.3 in addressing these points. methods: Comments received, including the Dated: August 10, 2005. • Hand Delivery or Courier: Deliver to names and addresses of those who Gary Schiff, Janet M. Hart, Chief, Review Branch, comment, will be considered part of the Designated Federal Official. Compliance Division, GIPSA, USDA, public record on this proposal and will Room 1647–S, 1400 Independence be available for public inspection. Agenda Avenue, SW., Washington, DC 20250. (Authority: 40 CFR 1501.7 and 1508.22; RAC Meeting • Fax: Send by facsimile transmission Forest Service Handbook 1909.15, Section to (202) 690–2755, attention: Janet M. 21) Diamond Valley School Hart. Dated: August 10, 2005. 9/06/05 at 6 p.m. • E-mail: Send via electronic mail to [email protected]. Craig Bobzien, Old Business • Forest Supervisor, Black Hills National Forest. Mail: Send hardcopy to Janet M. I. Approve minutes from last meeting. Hart, Chief, Review Branch, Compliance [FR Doc. 05–16259 Filed 8–16–05; 8:45 am] Division, GIPSA, USDA, STOP 3604, BILLING CODE 3410–11–M New Business 1400 Independence Avenue, SW., I. Discuss corrections to Project Washington, DC 20250–3604. Read Applications and Comments: DEPARTMENT OF AGRICULTURE Status/Monitoring. II. Review RAC Financial All applications and comments will be Forest Service Information/Discuss Fund Distribution. available for public inspection at the III. Schedule next meeting. office above during regular business Alpine County, CA, Resource Advisory hours (7 CFR 1.27(b)). Adjourn Committee (RAC) FOR FURTHER INFORMATION CONTACT: [FR Doc. 05–16261 Filed 8–16–05; 8:45 am] Janet M. Hart at 202–720–8525, e-mail AGENCY: Forest Service, USDA. BILLING CODE 3410–11–P [email protected]. ACTION: Notice of meeting. SUPPLEMENTARY INFORMATION: This SUMMARY: Pursuant to the authorities in DEPARTMENT OF AGRICULTURE action has been reviewed and the Federal Advisory Committees Act determined not to be a rule or regulation (Pub. L. 92–463) and under the Secure Grain Inspection, Packers and as defined in Executive Order 12866 Rural Schools and Community Self- Stockyards Administration and Departmental Regulation 1512–1; Determination Act of 2000 (Pub. L. 106– therefore, the Executive Order and 393) the Alpine County Resource [05–MN–A] Departmental Regulation do not apply Advisory Committee (RAC) will meet on Cancellation of Minnesota’s to this action. Tuesday, September 06, 2005 at 18:00 at Section 7(f)(1) of the Act authorizes Designation and the Opportunity for the Diamond Valley School for business GIPSA’s Administrator to designate a Designation in the Minnesota Area meetings. The purpose of the meeting is qualified applicant to provide official to discuss issues relating to AGENCY: Grain Inspection, Packers and services in a specified area after implementing the Secure Rural Schools Stockyards Administration, USDA. determining that the applicant is better and Community Self-Determination Act ACTION: Notice. able than any other applicant to provide of 2000 (Payment to States) and such official services. GIPSA designated expenditure of Title II funds. The SUMMARY: The United States Grain Minnesota, headquarters in Saint Paul, meetings are open to the public. Standards Act, as amended (Act), Minnesota, to provide official

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inspection services under the Act on ADDRESSES: Direct all written comments that contain persons identified through April 1, 2005. to Diana Hynek, Departmental the StARS database (an administrative Section 7(g)(1) of the Act provides Paperwork Clearance Officer, records database built from six national that designations of official agencies Department of Commerce, Room 6625, level data files) but who were not will end not later than triennially and 14th and Constitution Avenue, NW., included on the appropriate census may be renewed according to the Washington, DC 20230 (or via the questionnaire. Finally, this operation criteria and procedures prescribed in Internet at [email protected]). will include households where the section 7(f) of the Act. The designation FOR FURTHER INFORMATION CONTACT: count of persons does not equal the of Minnesota ends on September 30, Requests for additional information or number of persons for which census 2006, according to the Act. However, copies of the information collection data were provided during enumeration Minnesota asked GIPSA for a voluntary instrument(s) and instructions should II. Method of Collection cancellation of their designation be directed to Frank Vitrano, U.S. The 2006 Census Test CFU operation effective November 9, 2005. Census Bureau, Building 2, Room 2012, will be conducted in selected locations Accordingly, Minnesota’s designation Washington, DC 20233–9200, 301–763– in Travis County, Texas and the will cease effective November 8, 2005, 3961. Cheyenne River Reservation and Off and GIPSA is asking for applicants to SUPPLEMENTARY INFORMATION: provide official service. Reservation Trust Land, South Dakota in Pursuant to section 7(f)(2) of the Act, I. Abstract two phases: telephone and personal the following geographic area, the entire visit. Improving coverage, or how well the The telephone operation will be State of Minnesota, except those export Census Bureau counts people and port locations within the State, is conducted April 21, 2006, through housing units in the census, is one of August 31, 2006, with an expected assigned to this official agency. the major goals for the 2010 Census. The Interested persons are hereby given the workload of approximately 25,000 U.S. Census Bureau has designed a housing units in Travis County and opportunity to apply for designation to series of tests intended to examine new provide official services in the approximately 400 housing units in the methods for improving overall coverage Cheyenne River Reservation. During this geographic areas specified above under of the population and housing. provisions of section 7(f) of the Act and operation, the CFU interviewers will Favorable results will be implemented attempt to contact, via telephone, a section 800.196(d) of the regulations in the 2010 Decennial Census Program. issued thereunder. Persons wishing to portion of the households that fall In preparation for the 2010 Census, the within the CFU sample that provided a apply for designation should contact the Census Bureau has conducted two Compliance Division at the address telephone number on the questionnaire. previous operations designed to The followup interviews will be listed above for forms and information, evaluate the effectiveness of new or obtain applications at the GIPSA Web conducted by U.S. Census Bureau staff procedures for improving coverage and at two of the U.S. Census Bureau’s site, http://www.usda.gov/gipsa/ reducing duplication. These coverage oversight/parovreg.htm. telephone call centers, located in measurement operations are the 2004 Jeffersonville, IN and Tucson, AZ. These Authority: Pub. L. 94–582, 90 Stat. 2867, Census Test Coverage Research interviews will be conducted by as amended (7 U.S.C. 71 et seq.). Followup (OMB Approval Number computer-assisted telephone David R. Shipman, 0607–0910) and the 2005 National interviewing (CATI). The CATI Census Test Coverage Followup (OMB Acting Administrator, Grain Inspection, instrument will be in English, or in Packers and Stockyards Administration. Approval Number 0607–0916.) Spanish for those respondents who wish The 2006 Census Test is part of the [FR Doc. 05–16247 Filed 8–16–05; 8:45 am] to report their information in the cycle of tests leading up to the 2010 BILLING CODE 3410–EN–P Spanish language. We expect an Census. Like other tests, the primary approximately 60% response rate for the goals of this test are designed to telephone operation. Nonrespondents evaluate new methods and systems DEPARTMENT OF COMMERCE during this operation will be sent for intended to improve accuracy, provide personal visit followup. Census Bureau more timely and relevant data, reduce The personal visit operation will be risks, and/or contain costs. In support of conducted July 21, 2006, through 2006 Census Test Coverage Followup these goals, the 2006 Coverage Followup August 31, 2006, with an expected Operation (CFU) operation is designed to study a workload of approximately 28,000 method to improve coverage that housing units in Travis County and ACTION: Proposed collection; comment collects additional information from approximately 400 housing units in the request. households that might have coverage Cheyenne River Reservation, including problems. This includes households those nonrespondents from the SUMMARY: The Department of where persons might have been counted telephone operation. During this Commerce, as part of its continuing more than once (e.g., students who are operation, enumerators will attempt to effort to reduce paperwork and counted at their parents’ home but also enumerate respondents using a paper respondent burden, invites the general counted where they reside while they questionnaire. We expect an public and other Federal agencies to are attending school) and persons who approximately 90% response rate for the take this opportunity to comment on might not have been included in the personal visit operation. proposed and/or continuing information household count (e.g., newborn babies The purpose of the CFU telephone collections, as required by the or roommates). This operation also will and personal visit contact is to identify Paperwork Reduction Act of 1995, contact large households (those with those persons who may have been Public Law 104–13 (44 U.S.C. more than six persons listed on their counted in more than one household or 3506(c)(2)(A)). mail-back questionnaires) in order to erroneously excluded from any DATES: Written comments must be ensure that everyone is included in the household. The items included in the submitted on or before October 17, census. Another category of households 2006 CFU questionnaire are probes that 2005. that we will attempt to contact are those are intended to indicate whether

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respondents understood and properly 301), we invite comments on the participation of over 500 scientists, applied the residence rules instructions question of whether instruments of worldwide) until its conclusion. The on the 2006 Census Test questionnaire. equivalent scientific value, for the main objective is to study the puzzling purposes for which the instruments phenomenon of CP violation, the only III. Data shown below are intended to be used, known difference in behavior of matter OMB Number: Not available. are being manufactured in the United and antimatter. Application accepted by Form Number: States. Commissioner of Customs: August 2, Type of Review: Regular. Comments must comply with 15 CFR 2005. Affected Public: Individuals or 301.5(a)(3) and (4) of the regulations and Docket Number: 05–036. Applicant: households. be filed within 20 days with the Areas Global TB Vaccine Foundation. Estimated Number of Respondents: Statutory Import Programs Staff, U.S. Instrument: CyFlow ML Flow Approximately 53,800 housing units. Department of Commerce, Washington, Cytometer, Model 16 parameter - 4 light Estimated Time Per Response: The DC 20230. Applications may be sources. Manufacturer: Partec, GmbH, personal visit operation and the examined between 8:30 a.m. and 5 p.m. Germany. Intended Use: The instrument telephone operation will each require in Suite 4100W, U.S. Department of is intended to be used to investigate approximately 10 minutes for response. Commerce, Franklin Court Building, subsets of human and animal cells for Estimated Total Annual Burden 1099 14th Street, NW., Washington, DC. special characteristics as cytokine Hours: Approximately 8,967 hours for Docket Number: 05–032. Applicant: production using human PMBC samples the total CFU workload. State University of New York, Stony from clinical vaccination trials and cells Estimated Total Annual Cost: There is Brook. Instrument: Mass Spectrometer, from animal studies. no cost to respondents except for their Model JEM–2200FS. Manufacturer: Research will focus on: time to respond. JEOL Ltd., Japan. Intended Use: The 1. Intracellular flow cytometry analysis Respondent’s Obligation: Mandatory. instrument is intended to be used to of special subsets of cells to antigen– Legal Authority: Title 13 of the United directly observe atoms in crystalline stimulation specific cytokine States Code, Sections 141 and 193. materials, to perform quantitative production imaging and electron diffraction IV. Request for Comments 2. Develop clinical endpoint assay to experiments, to obtain detailed assess effects of new vaccines. Comments are invited on: (a) Whether structural information from biological 3. Establish SOPs, validate the assay and the proposed collection of information samples and to characterize and train personnel. is necessary for the proper performance understand the crystallographic atomic 4. Develop new flow–based assays for of the functions of the agency, including and electronic structure of various the assessment of dendritic cells. whether the information shall have technologically important Application accepted by practical utility; (b) the accuracy of the materials.Application accepted by Commissioner of Customs: August 3, agency’s estimate of the burden Commissioner of Customs: July 20, 2005. (including hours and cost) of the 2005. proposed collection of information; (c) Docket Number: 05–034. Applicant: Gerald A. Zerdy, ways to enhance the quality, utility, and The University of Southern Mississippi, Program Manager Statutory Import Programs clarity of the information to be 118 College Drive, ι5104, Hattiesburg, Staff. collected; and (d) ways to minimize the MS 39406-0001. Instrument: Electron [FR Doc. E5–4492 Filed 8–16–05; 8:45 am] burden of the collection of information Microscope, Model JEM–2100. BILLING CODE 3510–DS–S on respondents, including through the Manufacturer: JEOL Ltd., Japan. use of automated collection techniques Intended Use: The instrument is or other forms of information intended to be used for analyzing DEPARTMENT OF COMMERCE polymers, composites, and biological technology. International Trade Administration Comments submitted in response to materials. Objectives of studies will include practices which will prove this notice will be summarized and/or Environmental Technologies Trade successful in demonstrating the included in the request for OMB Advisory Committee (ETTAC) approval of this information collection; importance and usefulness of electron they also will become a matter of public microscopy in polymer and biological AGENCY: International Trade record. research and education of students. It Administration, U.S. Department of will also be used widely in courses. Commerce. Dated: August 11, 2005. Application accepted by Commissioner ACTION: Notice of open meeting. Madeleine Clayton, of Customs: July 27, 2005. Management Analyst, Office of the Chief Docket Number: 05–035. Applicant: Date: September 16, 2005. Information Officer. Princeton University, P.O. BOX 33, 2 Time: 8:30 a.m. to 4 p.m. [FR Doc. 05–16250 Filed 8–16–05; 8:45 am] New South Building, Princeton, NJ Place: Department of Commerce, 14th BILLING CODE 3510–07–P 08544. Instrument: Geiger Mode and Constitution NW., Washington DC Ionizing Counters. Manufacturer: 20230, Room 4830. pol.hi.tech, Italy. Intended Use: The Summary: The Environmental DEPARTMENT OF COMMERCE instrument is intended to be used for Technologies Trade Advisory conducting the ‘‘BaBar’’ experiment at Committee (ETTAC) will hold a plenary International Trade Administration the Stanford Linear Accelerator Center meeting on September 16, 2005, at the Applications for Duty–Free Entry of to detect penetrating ionizing particles U.S. Department of Commerce, 14th Scientific Instruments emanating from decaying B mesons, to Street and Constitution Avenue, NW., study all the systematics of B meson Washington, DC 20230, in Room 4830. Pursuant to Section 6(c) of the decay processes. The detectors will be The ETTAC will discuss global climate Educational, Scientific and Cultural installed at the Accelerator Center and change mitigation initiatives, the Materials Importation Act of 1966 (Pub. will become an integral part of the European Union’s electronic and other L. 89–651; 80 Stat. 897; 15 CFR part experiment (which involves the waste initiatives, updated negotiations

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in the World Trade Organization’s Canada, Secretariat File No. USA–CDA– SUPPLEMENTARY INFORMATION: The environmental goods and services trade 2002–1904–07. committee’s schedule and agenda for liberalization, and the Export-Import the Council meetings are as follows: Bank’s environmental exports program. SUMMARY: Pursuant to the Order of the Locations, Schedules, and Agendas The afternoon session will include a Extraordinary Challenge Committee discussion of the U.S. EPA’s Resource issued August 10, 2005, affirming the 1. Monday, August 29, 2005 beginning Conservation Challenge, the final injury determination described at 9:30 a.m.; Holiday Inn, One Newbury Environmental Technologies above, this review was completed on Street, Peabody, MA 01960 Verification (ETV) Program and an August 11, 2005. The Groundfish Advisory Panel will overview of the U.S. International Trade FOR FURTHER INFORMATION CONTACT: meet to continue develop Commission’s environmental services Caratina L. Alston, United States recommendations for Framework sector market analysis. The meeting is Secretary, NAFTA Secretariat, Suite Adjustment 42 (FW 42) to the Northeast open to the public and time will be 2061, 14th and Constitution Avenue, Multispecies Fishery Management Plan permitted for public comment. Washington, DC 20230, (202) 482–5438. (FMP). The Panel will receive a SUPPLEMENTARY INFORMATION: On August preliminary report on groundfish Written comments concerning ETTAC assessments and will discuss what affairs are welcome anytime before or 10, 2005, the Extraordinary Challenge Committee issued a decision which changes to management measures may after the meeting. Minutes will be be necessary as a result of that report. available within 30 days of this meeting. affirmed the final remand opinion of the Binational Panel concerning Certain These changes could include The ETTAC is mandated by Public Softwood Lumber Products From modifications to the Amendment 13 Law 103–392. It was created to advise Canada—Injury Determination. Based default measures, Special Access the U.S. government on environmental on the decision of the Extraordinary Programs(SAPs), incidental catch Total trade policies and programs, and to help Challenge Committee, the Binational Allowable Catch (TACs) that apply to it to focus its resources on increasing Panel members are discharged from the use of Category B days-at-sea (DAS), the exports of the U.S. environmental their duties effective August 11, 2005. or other measures. Draft measures text industry. ETTAC operates as an for the framework will be reviewed and advisory committee to the Secretary of Dated: August 11, 2005. recommendations developed for Commerce and the Trade Promotion Caratina L. Alston, adjustments as necessary. The Panel Coordinating Committee (TPCC). United States Secretary, NAFTA Secretariat. may also discuss options for a formal ETTAC was originally chartered in May [FR Doc. E5–4493 Filed 8–16–05; 8:45 am] rebuilding plan for Georges Bank of 1994. It was most recently rechartered BILLING CODE 3510–GT–P yellowtail flounder and may until May 30, 2006. recommend measures necessary to For further information phone Joseph rebuild that stock. The Panel will DEPARTMENT OF COMMERCE Ayoub, Office of Energy and discuss extending and/or modifying, as Environmental Technologies Industries necessary, the Category B (regular) DAS National Oceanic and Atmospheric Pilot Program. The Advisory Panel (OEEI), International Trade Administration Administration, U.S. Department of report will be provided to the Commerce at (202) 482–5225. This [I.D. 081105B] Groundfish Committee to assist its meeting is physically accessible to deliberations. Other business may also be discussed. people with disabilities. Requests for New England Fishery Management 2. Tuesday, August 30, 2005 sign language interpretation or other Council; Public Meetings beginning at 9:30 a.m.; Holiday Inn, One auxiliary aids should be directed to AGENCY: National Marine Fisheries Newbury Street, Peabody, MA 01960 OEEI at (202) 482–5225. Service (NMFS), National Oceanic and The Groundfish Oversight Committee Dated: August 10, 2005. Atmospheric Administration (NOAA), will meet to continue development of Carlos F. Montoulieu, Commerce. FW 42 to the Northeast Multispecies Director, Office of Energy and Environmental ACTION: Notice; committee meetings. FMP. They will receive a preliminary Industries. report on groundfish assessments and SUMMARY: The New England Fishery will discuss what changes to [FR Doc. E5–4487 Filed 8–16–05; 8:45 am] Management Council’s (Council) management measures may be necessary BILLING CODE 3510–DR–P Groundfish Advisory Panel and as a result of that report. These changes Oversight Committee will hold meetings could include modifications to the to consider actions affecting New DEPARTMENT OF COMMERCE Amendment 13 default measures, SAPs, England fisheries in the exclusive incidental catch TACs that apply to the economic zone (EEZ). International Trade Administration use of Category B DAS, or other DATES: The meetings will be held in measures. The Committee will also North American Free-Trade August 2005. For specific dates and develop options for a formal rebuilding Agreement, Article 1904 NAFTA Panel times, see SUPPLEMENTARY INFORMATION. plan for Georges Bank yellowtail Reviews; Completion of Panel Review ADDRESSES: The meetings will be held flounder and will identify measures in Peabody MA. For specific locations, necessary to rebuild that stock. They AGENCY: NAFTA Secretariat, United see SUPPLEMENTARY INFORMATION. will consider extending and/or States Section, International Trade Council address: New England modifying, as necessary, the Category B Administration, Department of Fishery Management Council, 50 Water (regular) DAS Pilot Program. Draft Commerce. Street, Mill #2, Newburyport, MA measures text for the framework will be ACTION: Notice of Completion of Panel 01950. reviewed and adjusted as necessary. The Review of the final injury determination FOR FURTHER INFORMATION CONTACT: Paul Committee may also discuss a made by the U.S. International Trade J. Howard, Director, New England standardized bycatch reporting Commission, in the matter of Certain Fishery Management Council; methodology. An Advisory Panel report Softwood Lumber Products From telephone: (978)465–0492. will be provided to assist the

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Committee’s deliberations. Other Needs and Uses: The Patent Examiner matters so as to ensure the fair and business may also be discussed. Employment Application—Job equitable treatment of these individuals. Committee recommendations will be Application Rating System (JARS) is This notice lists the membership of forwarded to the Council at a future used by the public to apply for entry- the TA PRB and supersedes the list date. level patent examiner positions in a published in Federal Register Vol. 69, Although non-emergency issues not user-friendly process. The USPTO uses No. 161, pages 51638–51639, on August contained in this agenda may come the electronic transmission of this 20, 2004. before this group for discussion, those information to review and rate Daniel W. Caprio, Jr. (NC), Deputy issues may not be the subject of formal applicants on-line almost Assistant Secretary for Technology action during this meeting. Action will instantaneously. It is also used by the Policy, Office of Technology Policy, be restricted to those issues specifically USPTO to expedite the hiring process Technology Administration, identified in this notice and any issues by eliminating the time used in the mail Washington, DC 20230, Appointment arising after publication of this notice distribution process, thereby Expires 12/31/06 (General). that require emergency action under streamlining labor and reducing costs. Belinda L. Collins (C), Deputy section 305(c) of the Magnuson-Stevens Affected Public: Individuals or Director for Technology Services, Fishery Conservation and Management households; farms; Federal Government, National Institute of Standards and Act, provided the public has been and state, local, or tribal governments. Technology, Gaithersburg, MD 20899, notified of the Council’s intent to take Frequency: On occasion. Appointment Expires: 12/31/05 final action to address the emergency. Respondent’s Obligation: Voluntary. (Limited). Alan Cookson (C) (Alternate), Deputy Special Accommodations OMB Desk Officer: David Rostker, Director, Electronics and Electrical These meetings are physically (202) 395–3897. Engineering Laboratory, National accessible to people with disabilities. Copies of the above information Institute of Standards and Technology, Requests for sign language collection proposal can be obtained by Gaithersburg, MD 20899, Appointment interpretation or other auxiliary aids any of the following methods: • Expires: 12/31/07 (Limited). should be directed to Paul J. Howard E-mail: [email protected]. Paul Doremus (C), Director of (see ADDRESSES), at least 5 working days Include ‘‘0651–0042 copy request’’ in Strategic Planning, Program Planning prior to the meeting date. the subject line of the message. and Integration, National Oceanic and • Dated: August 12, 2005. Fax: (571) 273–0112, marked to the Atmospheric Administration, Silver attention of Susan Brown. Anne Lange, Spring, MD 20910, Appointment • Mail: Susan K. Brown, Records Acting Director, Office of Sustainable Expires: 12/31/07 (Limited). Fisheries, National Marine Fisheries Service. Officer, Office of the Chief Information Cita Furlani (C), Chief Information Officer, Office of Data Architecture and [FR Doc. 05–16320 Filed 8–16–05; 8:45 am] Officer, National Institute of Standards Services, Data Administration Division, & Technology; Gaithersburg, MD 20899, BILLING CODE 3510–22–S U.S. Patent and Trademark Office, P.O. Appointment Expires: 12/31/07 Box 1450, Alexandria, VA 22313–1450. (Limited). DEPARTMENT OF COMMERCE Written comments and Patrick Gallagher (C) (Alternate), recommendations for the proposed Director, NIST Center for Neutron Patent and Trademark Office information collection should be sent on Research, Materials Science and or before September 16, 2005 to David Engineering Laboratory, National Submission for OMB Review; Rostker, OMB Desk Officer, Room Institute of Standards and Technology, Comment Request 10202, New Executive Office Building, Gaithersburg, MD 20899, Appointment The United States Patent and Washington, DC 20503. Expires: 12/31/07 (Limited). Howard Harary (C), Deputy Director, Trademark Office (USPTO) has Dated: August 9, 2005. Manufacturing Engineering Laboratory, submitted to the Office of Management Susan K. Brown, and Budget (OMB) for clearance the National Institute of Standards and Records Officer, USPTO, Office of Data Technology, Gaithersburg, MD 20899, following proposal for collection of Management, Data Administration Division. Appointment Expires: 12/31/07 information under the provisions of the [FR Doc. 05–16258 Filed 8–16–05; 8:45 am] Paperwork Reduction Act (44 U.S.C. (Limited). BILLING CODE 3510–16–P Daniel Hurley (C), Director of Chapter 35). Agency: United States Patent and Communication and Information, Infrastructure Assurance Program, Trademark Office (USPTO). DEPARTMENT OF COMMERCE Title: Patent Examiner Employment National Telecommunications and Application—Job Application Rating Technology Administration Information Administration, System (JARS). Washington, DC 20230, Appointment Form Number(s): PTO–2041. Technology Administration Expires: 12/31/05 (General). Agency Approval Number: 0651– Performance Review Board Deidre Jones (C), Director of Systems 0042. Membership Engineering Center, Office of Science Type of Request: Extension of a and Technology, National Weather currently approved collection. The Technology Administration Service, National Oceanic and Burden: 3,500 hours annually. Performance Review Board (TA PRB) Atmospheric Administration, Silver Number of Respondents: 7,000 reviews performance appraisals, Spring, MD 20910, Appointment responses per year. agreements, and recommended actions Expires: 12/31/05 (Limited). Avg. Hours per Response: 30 minutes. pertaining to employees in the Senator Michelle O’Neill (C), Deputy Under The USPTO estimates that it will take Executive Service and reviews Secretary of Commerce for Technology, the public approximately 30 minutes performance-related pay increases for Technology Administration, Department (0.50) to gather and prepare the ST–3104 employees. The Board makes of Commerce, Washington, DC 20230, necessary information, and submit the recommendations to the appropriate Appointment Expires: 12/31/06 electronic employment application. appointing authority concerning such (General).

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Patricia Sefcik (C), Senior Director to DATES: Submit comments on or before Regulatory Information Management the Deputy Assistant Secretary for September 16, 2005. Services, Office of the Chief Information Manufacturing, Manufacturing and ADDRESSES: Submit comments regarding Officer, invites comments on the Services, International Trade this burden estimate or any other aspect proposed information collection Administration, Department of of this collection of information, requests as required by the Paperwork Commerce, Washington, DC 20230, including suggestions for reducing this Reduction Act of 1995. Appointment Expires: 12/31/07 burden to the General Services DATES: Interested persons are invited to (General). Administration, FAR Secretariat (VIR), submit comments on or before Dated: July 29, 2005. 1800 F Street, NW, Room 4035, October 17, 2005. Michelle O’Neill, Washington, DC 20405. Please cite OMB Control No. 9000–0144, Payment by SUPPLEMENTARY INFORMATION: Section Acting Under Secretary of Commerce for 3506 of the Paperwork Reduction Act of Technology, Technology Administration, Electronic Fund Transfer, in all Department of Commerce. correspondence. 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and [FR Doc. 05–16278 Filed 8–16–05; 8:45 am] FOR FURTHER INFORMATION CONTACT Budget (OMB) provide interested BILLING CODE 3510–18–M Jeremy F. Olson, Contract Policy Federal agencies and the public an early Division, GSA, (202) 501–3221. opportunity to comment on information SUPPLEMENTARY INFORMATION: collection requests. OMB may amend or DEPARTMENT OF DEFENSE A. Purpose waive the requirement for public consultation to the extent that public GENERAL SERVICES The FAR requires certain information ADMINISTRATION participation in the approval process to be provided by contractors which would defeat the purpose of the would enable the Government to make information collection, violate State or NATIONAL AERONAUTICS AND payments under the contract by SPACE ADMINISTRATION Federal law, or substantially interfere electronic fund transfer (EFT). The with any agency’s ability to perform its [OMB Control No. 9000–0144] information necessary to make the EFT statutory obligations. The Leader, transaction is specified in clause Information Management Case Services Federal Acquisition Regulation; 52.232–33, Payment by Electronic Team, Regulatory Information Submission for OMB Review; Payment Funds Transfer—Central Contractor Management Services, Office of the by Electronic Fund Transfer Registration, which the contractor is Chief Information Officer, publishes that required to provide prior to award, and AGENCIES: Department of Defense (DOD), notice containing proposed information General Services Administration (GSA), clause 52.232–34, Payment by collection requests prior to submission and National Aeronautics and Space Electronic Funds Transfer—Other than of these requests to OMB. Each Administration (NASA). Central Contractor Registration, which proposed information collection, requires EFT information to be provided ACTION: Notice of request for public grouped by office, contains the as specified by the agency to enable comments regarding an extension to an following: (1) Type of review requested, payment by EFT. existing OMB clearance (9000–0144). e.g. new, revision, extension, existing or B. Annual Reporting Burden reinstatement; (2) Title; (3) Summary of SUMMARY: Under the provisions of the the collection; (4) Description of the Paperwork Reduction Act of 1995 (44 Respondents: 14,000. Responses Per Respondent: 10. need for, and proposed use of, the U.S.C. Chapter 35), the Federal information; (5) Respondents and Acquisition Regulation (FAR) Annual Responses: 140,000. Hours Per Response: .5. frequency of collection; and (6) Secretariat has submitted to the Office Total Burden Hours: 70,000. Reporting and/or Recordkeeping of Management and Budget (OMB) a Obtaining Copies of Proposals: burden. OMB invites public comment. request to review and approve an Requesters may obtain a copy of the The Department of Education is extension of a currently approved information collection documents from especially interested in public comment information collection requirement the General Services Administration, addressing the following issues: (1) Is concerning payment by electronic fund FAR Secretariat (VIR), Room 4035, 1800 this collection necessary to the proper transfer. A request for public comments F Street, NW, Washington, DC 20405, functions of the Department; (2) will was published in the Federal Register at telephone (202) 501–4755. Please cite this information be processed and used 70 FR 34104, June 13, 2005. No OMB Control No.9000–0144, Payment in a timely manner; (3) is the estimate comments were received. Public comments are particularly by Electronic Fund Transfer, in all of burden accurate; (4) how might the invited on: Whether this collection of correspondence. Department enhance the quality, utility, information is necessary for the proper Dated: July 19, 2005. and clarity of the information to be performance of functions of the FAR, Julia B. Wise, collected; and (5) how might the Department minimize the burden of this and whether it will have practical Director, Contract Policy Division. utility; whether our estimate of the collection on the respondents, including [FR Doc. 05–16255 Filed 8–16–05; 8:45 am] through the use of information public burden of this collection of BILLING CODE 6820–EP–S information is accurate, and based on technology. valid assumptions and methodology; Dated: August 11, 2005. ways to enhance the quality, utility, and DEPARTMENT OF EDUCATION Angela C. Arrington, clarity of the information to be Leader, Information Management Case collected; and ways in which we can Notice of Proposed Information Services Team, Regulatory Information minimize the burden of the collection of Collection Requests Management Services, Office of the Chief information on those who are to Information Officer. AGENCY: Department of Education. respond, through the use of appropriate Federal Student Aid technological collection techniques or SUMMARY: The Leader, Information other forms of information technology. Management Case Services Team, Type of Review: Extension.

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Title: Federal Perkins Loan Program Burden Hours: 10,128,562. reauthorization of the Higher Education Regulations and General Provision Abstract: The Federal Family Act and any resulting changes to the Regulations. Education Loan Program proposed implementing regulations, the existing Frequency: Annually. regulations revise the current paperwork collection is simply Affected Public: Not-for-profit regulations in areas of program extended, rather than revised. institutions; Individuals or household; administration. The regulations assure Requests for copies of the proposed Businesses or other for-profit. the Secretary that the integrity of the information collection request may be Reporting and Recordkeeping Hour program is protected from fraud and accessed from http://edicsweb.ed.gov, Burden: other misuse of program funds. The by selecting the ‘‘Browse Pending Responses: 95,262. public is alerted that this package is a Collections’’ link and by clicking on Burden Hours: 25,859. request for an extension of a currently link number 2850. When you access the Abstract: Institutions of higher approved collection. Until the information collection, click on education make Perkins loans. anticipated reauthorization of the ‘‘Download Attachments’’ to view. Information is necessary in order to Higher Education Act and any resulting Written requests for information should monitor a school’s reimbursement to its changes to the implementing be addressed to U.S. Department of Perkins loan revolving fund, monitor regulations, the existing paperwork Education, 400 Maryland Avenue, SW., how collection costs are charged to collection is simply extended, rather Potomac Center, 9th Floor, Washington, borrowers on rehabilitation loans and to than revised. DC 20202–4700. Requests may also be monitor the assignment of defaulted Requests for copies of the proposed electronically mailed to the Internet _ Perkins loans to the Department. The information collection request may be address OCIO [email protected] or faxed to public is alerted that this package is a accessed from http://edicsweb.ed.gov, 202–245–6621. Please specify the request for an extension of a currently by selecting the ‘‘Browse Pending complete title of the information approved collection. Until the Collections’’ link and by clicking on collection when making your request. anticipated reauthorization of the link number 2849. When you access the Comments regarding burden and/or Higher Education Act and any resulting information collection, click on the collection activity requirements changes to the implementing ‘‘Download Attachments’’ to view. should be directed to Joseph Schubart at regulations, the existing paperwork Written requests for information should his e-mail address [email protected]. collection is simply extended, rather be addressed to U.S. Department of Individuals who use a than revised. Education, 400 Maryland Avenue, SW., telecommunications device for the deaf Requests for copies of the proposed Potomac Center, 9th Floor, Washington, (TDD) may call the Federal Information information collection request may be DC 20202–4700. Requests may also be Relay Service (FIRS) at 1–800–877– accessed from http://edicsweb.ed.gov, electronically mailed to the Internet 8339. by selecting the ‘‘Browse Pending address [email protected] or faxed to Collections’’ link and by clicking on Federal Student Aid 202–245–6621. Please specify the link number 2848. When you access the Type of Review: Extension. complete title of the information information collection, click on Title: Cohort Default Rates for collection when making your request. ‘‘Download Attachments’’ to view. Institutions Participating in the FFEL or Comments regarding burden and/or Direct Loan Programs. Written requests for information should the collection activity requirements be addressed to U.S. Department of Frequency: On Occasion. should be directed to Joseph Schubart at Affected Public: Not-for-profit Education, 400 Maryland Avenue, SW., his e-mail address [email protected]. Potomac Center, 9th Floor, Washington, institutions; Individuals or household; Individuals who use a State, Local, or Tribal Gov’t, SEAs or DC 20202–4700. Requests may also be telecommunications device for the deaf electronically mailed to the Internet LEAs. _ (TDD) may call the Federal Information Reporting and Recordkeeping Hour address OCIO [email protected] or faxed to Relay Service (FIRS) at 1–800–877– 202–245–6621. Please specify the Burden: 8339. Responses: 93,877. complete title of the information Burden Hours: 1,209,890. collection when making your request. Federal Student Aid Comments regarding burden and/or Abstract: The regulations establish the Type of Review: Extension. standards to participate in the student the collection activity requirements Title: William D. Ford Federal Direct should be directed to Joseph Schubart at financial assistance programs Loan Program. authorized by Title IV of the Higher his e-mail address [email protected]. Frequency: On Occasion. Individuals who use a Education Act of 1965 (Title IV, HEA Affected Public: Individuals or programs). The public is alerted that telecommunications device for the deaf household; Businesses or other for- (TDD) may call the Federal Information this package is a request for an profit; Not-for-profit institutions. extension of a currently approved Relay Service (FIRS) at 1–800–877– Reporting and Recordkeeping Hour 8339. collection. Until the anticipated Burden: reauthorization of the Higher Education Federal Student Aid Responses: 846,034. Act and any resulting changes to the Burden Hours: 211,520. Type of Review: Extension. implementing regulations, the existing Title: Federal Family Education Loan Abstract: The proposed regulations paperwork collection is simply Program Regulations. change three sections of the regulations extended, rather than revised. Frequency: On Occasion. that are currently cleared under the Requests for copies of the proposed Affected Public: Not-for-profit Paperwork Reduction Act. The information collection request may be institutions; Individuals or household; proposed regulations do not affect the accessed from http://edicsweb.ed.gov, Businesses or other for-profit; State, current burden hour estimates for this by selecting the ‘‘Browse Pending Local, or Tribal Gov’t, SEAs or LEAs. information collection. The public is Collections’’ link and by clicking on Reporting and Recordkeeping Hour alerted that this package is a request for link number 2851. When you access the Burden: an extension of a currently approved information collection, click on Responses: 858,981. collection. Until the anticipated ‘‘Download Attachments’’ to view.

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Written requests for information should Comments regarding burden and/or Title: Student Assistance General be addressed to U.S. Department of the collection activity requirements Provisions—Subpart I—Immigration Education, 400 Maryland Avenue, SW., should be directed to Joseph Schubart at Status Confirmation. Potomac Center, 9th Floor, Washington, his e-mail address [email protected]. Frequency: On Occasion. DC 20202–4700. Requests may also be Individuals who use a Affected Public: Businesses or other electronically mailed to the Internet telecommunications device for the deaf for-profit; Not-for-profit institutions. address [email protected] or faxed to (TDD) may call the Federal Information Reporting and Recordkeeping Hour 202–245–6621. Please specify the Relay Service (FIRS) at 1–800–877– Burden: complete title of the information 8339. Responses: 11. collection when making your request. Burden Hours: 16,370. Federal Student Aid Comments regarding burden and/or Abstract: Collection of this the collection activity requirements Type of Review: Extension. information used for immigration status should be directed to Joseph Schubart at Title: Application for Ability to confirmation reduces the potential of his e-mail address [email protected]. Benefit Testing Approval. fraud and abuse caused by ineligible Individuals who use a Frequency: Annually. aliens receiving Federally subsidized telecommunications device for the deaf Affected Public: Businesses or other student financial assistance under Title (TDD) may call the Federal Information for-profit; Individuals or household; IV of the Higher Education Act (HEA) of Relay Service (FIRS) at 1–800–877– Not-for-profit institutions. 1965, as amended. The respondent 8339. Reporting and Recordkeeping Hour population is comprised of 6,160 Burden: Federal Student Aid postsecondary institutions who Responses: 150,090. participate in administration of the Title Type of Review: Extension. Burden Hours: 77,040. IV, HEA programs. Title: Federal Perkins Loan Program Abstract: The Secretary will publish a Requests for copies of the proposed Regulations. list of approved tests which can be used information collection request may be Frequency: Annually. by postsecondary educational accessed from http://edicsweb.ed.gov, Affected Public: Not-for-profit institutions to establish the ability to by selecting the ‘‘Browse Pending institutions; Individuals or household; benefit for a student who does not have Collections’’ link and by clicking on Businesses or other for-profit. a high school diploma or its equivalent link number 2845. When you access the Reporting and Recordkeeping Hour for Student Financial Assistance information collection, click on Burden: Programs. The public is alerted that this ‘‘Download Attachments’’ to view. Responses: 2,800,642. package is a request for an extension of Written requests for information should Burden Hours: 61,879. a currently approved collection. Until be addressed to U.S. Department of Abstract: Institutions of higher the anticipated reauthorization of the Education, 400 Maryland Avenue, SW., education make Perkins loans. Higher Education Act and any resulting Potomac Center, 9th Floor, Washington, Information is necessary in order to changes to the implementing DC 20202–4700. Requests may also be monitor a school’s reimbursement to its regulations, the existing paperwork electronically mailed to the Internet Perkins loan revolving fund, monitor collection is simply extended, rather address [email protected] or faxed to how collection costs are charged to than revised. 202–245–6621. Please specify the borrowers on rehabilitated loans and to Requests for copies of the proposed complete title of the information monitor the assignment of defaulted information collection request may be collection when making your request. Perkins loans to the Department. The accessed from http://edicsweb.ed.gov, Comments regarding burden and/or public is alerted that this package is a by selecting the ‘‘Browse Pending the collection activity requirements request for an extension of a currently Collections’’ link and by clicking on should be directed to Joseph Schubart at approved collection. Until the link number 2844. When you access the his e-mail address [email protected]. anticipated reauthorization of the information collection, click on Individuals who use a Higher Education Act and any resulting ‘‘Download Attachments’’ to view. telecommunications device for the deaf changes to the implementing Written requests for information should (TDD) may call the Federal Information regulations, the existing paperwork be addressed to U.S. Department of Relay Service (FIRS) at 1–800–877– collection is simply extended, rather Education, 400 Maryland Avenue, SW., 8339. than revised. Potomac Center, 9th Floor, Washington, Federal Student Aid Requests for copies of the proposed DC 20202–4700. Requests may also be information collection request may be electronically mailed to the Internet Type of Review: Extension. accessed from http://edicsweb.ed.gov, address [email protected] or faxed to Title: Student Assistance General by selecting the ‘‘Browse Pending 202–245–6621. Please specify the Provisions—Subpart K—Cash Collections’’ link and by clicking on complete title of the information Management. link number 2852. When you access the collection when making your request. Frequency: On Occasion. information collection, click on Comments regarding burden and/or Affected Public: Not-for-profit ‘‘Download Attachments’’ to view. the collection activity requirements institutions; Individuals or household. Written requests for information should should be directed to Joseph Schubart at Reporting and Recordkeeping Hour be addressed to U.S. Department of his e-mail address [email protected]. Burden: Education, 400 Maryland Avenue, SW., Individuals who use a Responses: 6,576. Potomac Center, 9th Floor, Washington, telecommunications device for the deaf Burden Hours: 1,218,718. DC 20202–4700. Requests may also be (TDD) may call the Federal Information Abstract: These regulations comprise electronically mailed to the Internet Relay Service (FIRS) at 1–800–877– the existing provisions of the Student address [email protected] or faxed to 8339. Assistance General Provisions guidance 202–245–6621. Please specify the regarding cash management. complete title of the information Federal Student Aid Information collection under these collection when making your request. Type of Review: Revision. regulations relates to cash management

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requirements and practices for potential national security mission County that total about 915 acres (371 institutions participating in the Title IV, requirements for a health and safety hectares). Higher Education Act (HEA) programs. buffer area relating to on-going On November 26, 1997, Congress The public is alerted that this package operations. Specifically, DOE/NNSA has passed Public Law 105–119, the is a request for an extension of a reassessed its need for a certain portion Departments of Commerce, Justice, and currently approved collection. Until the of a tract to serve as a health and safety State, the Judiciary, and Related anticipated reauthorization of the buffer area for current and post- Agencies Appropriations Act, Fiscal Higher Education Act and any resulting operations cleanup of its tritium-related Year 1998 (‘‘the Act’’). Section 632 of changes to the implementing activities at Los Alamos National the Act (42 U.S.C. 2391) directs the regulations, the existing paperwork Laboratory’s (LANL’s) Technical Area Secretary of Energy (the Secretary) to collection is simply extended, rather 21 (TA–21). DOE/NNSA no longer convey to the Incorporated County of than revised. needs to retain a 32.3-acre portion of the Los Alamos, New Mexico, or to the Requests for copies of the proposed Airport Tract located along the south designee of the County, and transfer to information collection request may be side of State Road 502 for this purpose. the Department of the Interior, in trust accessed from http://edicsweb.ed.gov, FOR FURTHER INFORMATION CONTACT: For for the San Ildefonso Pueblo, parcels of by selecting the ‘‘Browse Pending further information concerning the land under the jurisdictional Collections’’ link and by clicking on conveyance or transfer of land tracts or administrative control of the Secretary link number 2853. When you access the this amended ROD, contact: Elizabeth at or in the vicinity of LANL. Such information collection, click on Withers, NEPA Compliance Officer, Los parcels, or tracts, of land must meet ‘‘Download Attachments’’ to view. Alamos Site Office, National Nuclear suitability criteria established by the Written requests for information should Security Administration, 528 35th Act. The purpose of the conveyances be addressed to U.S. Department of Street, Los Alamos, NM 87004 and transfers is to fulfill the obligations Education, 400 Maryland Avenue, SW., Telephone (505) 667–8690. of the United States with respect to Los Potomac Center, 9th Floor, Washington, For further information concerning Alamos, New Mexico, under sections 91 DC 20202–4700. Requests may also be DOE’s National Environmental Policy and 94 of the Atomic Energy electronically mailed to the Internet Act (NEPA) process, contact: Ms. Carol Community Act of 1955 (AECA) (42 address [email protected] or faxed to Borgstrom, Director, Office of NEPA U.S.C. 2391, 2394). Upon the 202–245–6621. Please specify the Policy and Compliance (EH–42), U.S. completion of the conveyance or complete title of the information Department of Energy, 1000 transfer, the Secretary of Energy shall collection when making your request. Independence Avenue, SW., make no further financial assistance Comments regarding burden and/or Washington, DC 20585, Telephone (202) payments with respect to LANL under the collection activity requirements 586–4600, or leave a message at 1–800– the AECA. should be directed to Joseph Schubart at 472–2756. The Act sets forth the criteria, his e-mail address [email protected]. Additional information regarding the processes, and dates by which the tracts Individuals who use a DOE NEPA process and activities is also will be selected, titles to the tracts telecommunications device for the deaf available on the Internet through the reviewed, environmental issues (TDD) may call the Federal Information NEPA home page at http:// evaluated, and decisions made as to the Relay Service (FIRS) at 1–800–877– www.eh.doe.gov/nepa. Copies of the allocation of the tracts between the two 8339. Conveyance and Transfer EIS and the recipients. DOE’s responsibilities under 2000 ROD are also available on the the Act include identifying potentially [FR Doc. 05–16252 Filed 8–16–05; 8:45 am] suitable tracts of land according to BILLING CODE 4000–01–P NEPA Web site, along with this and one other amended RODs (discussed in later criteria set forth in the law (Land paragraphs). Transfer Report, April 1998); conducting a title search on each tract SUPPLEMENTARY INFORMATION: DEPARTMENT OF ENERGY of land (Title Report, September 1998); I. Background identifying any environmental Conveyance and Transfer of Certain restoration and remediation that would Land Tracts Administered by the A. Legal Requirements for Action be needed for each tract of land Department of Energy and Located at LANL is one of several national (Environmental Restoration Report, Los Alamos National Laboratory, Los security laboratories that support DOE’s August 1999); conducting National Alamos and Santa Fe Counties, NM and NNSA’s responsibilities for national Environmental Policy Act of 1969 AGENCY: Department of Energy, National security, energy resources, (NEPA) review of the proposed Nuclear Security Administration environmental quality, and science. conveyance or transfer of the land tracts ACTION: Amended record of decision. Located in north-central New Mexico, (the Conveyance and Transfer EIS, LANL is about 60 miles (97 kilometers) October 1999, distributed in January SUMMARY: The U.S. Department of north-northeast of Albuquerque, and 2000); reporting to Congress on the Energy’s National Nuclear Security about 25 miles (40 kilometers) results of the Environmental Restoration Administration (DOE/NNSA) is northwest of Santa Fe. The small Report review and the final Conveyance amending the Record of Decision (ROD) communities of Los Alamos townsite, and Transfer EIS (Combined Data for the Environmental Impact Statement White Rock, Pajarito Acres, the Royal Report, January 2000); and preparing a for the Conveyance and Transfer of Crest Mobile Home Park, and San plan for conveying or transferring land Certain Land Tracts Administered by Ildefonso Pueblo are located in the according to the allocation agreement of the Department of Energy and Located immediate vicinity of LANL. LANL parcels for Congress (Conveyance and at Los Alamos National Laboratory, Los occupies an area of approximately Transfer Plan, April 2000). The Act Alamos and Santa Fe Counties, New 25,600 acres (10,360 hectares), or further states that the Secretary must, to Mexico, DOE/EIS–0293 (Conveyance approximately 40 square miles (104 the maximum extent practicable, and Transfer EIS) to reflect changes in square kilometers). DOE also has conduct any needed environmental the need to retain a certain portion of a administrative control over other restoration or remediation activities land tract withheld earlier due to properties and land within Los Alamos within 10 years of enactment (by

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November 26, 2007), and convey and that two portions of the White Rock Y continue operation past the year 2007. transfer the tracts meeting the suitability Tract containing stretches of public These two research facilities were criteria. Under the Act, DOE neither had roadways along State Road 502 and identified as being needed for the a role in the designation of recipients, State Road 4 totaling about 74 acres that national security mission and there nor in how the parcels of land were to were unlikely to be needed to serve as were no formal plans to relocate them be allocated between the recipients. As health and safety buffers and could be at that time. However, DOE was even specified in PL 105–119, the actual conveyed as well. then in the early stages of assessing the disposition of each tract, or portion of The Airport Tract originally consisted feasibility of relocating these operations a tract, would be subject to DOE’s need of about 205 acres (83 hectares). Located to another facility within LANL. Over for the individual tract, or a portion of east of the Los Alamos townsite, it is the past four years, NNSA has reviewed the tract, to meet a national security close to the East Gate Business Park. both its long-term continued need for mission support function, which could The Los Alamos Airport is located on the TSTA facility and the feasibility of range from either direct or indirect part of the tract, while other portions of relocating the TSFF tritium operations activity involvement. Additionally, the the tract are undeveloped. NNSA away from TA–21 to other tritium disposition of each tract, or portion of currently retains about 87 acres of land operations facilities at LANL. NNSA a tract, would be subject to DOE’s within the original Airport Tract under concluded in 2002 that the operation of completion of any necessary its administrative control. the TSTA was not needed in the long environmental restoration or The TA–21 Tract originally consisted term and the facility has since been remediation required. of about 260 acres (105 hectares). This discontinued. The TSFF is planed for tract is located at the eastern end of DP relocation to another LANL site. The B. Previous Decision on the Conveyance Mesa between DP and Los Alamos nuclear material inventory of the TA–21 and Transfer Actions Canyons close to the business district of facilities has been reduced according to In the 2000 ROD for the Conveyance the Los Alamos townsite. LANL’s TA– these changes in site operations. The and Transfer EIS (65 Federal Register 21 is one of the oldest technical areas at discontinuance of the TSTA facility (FR), Number 54, Page 14952, March 20, LANL; it is the site of the former operations and removal of the TSFF 2000), DOE stated its decision to convey plutonium processing facility and the facility operations, together with and transfer each of the ten subject current location of the Tritium Science removal of TA–21 offices and assorted tracts, either in whole or in part, by and Fabrication Facility (TSFF). The storage support facilities, would allow November 26, 2007. DOE’s decision, Tritium Systems Test Assembly (TSTA) the facility and all of TA–21 to be consistent with the Preferred operations were located at TA–21 until completely decommissioned, Alternative analyzed in the Conveyance about a year ago when these operations decontaminated and demolished. It is and Transfer EIS, was to convey or ceased. The NNSA currently retains unlikely, however, that all three of these transfer seven tracts in whole and three about 240 acres of this tract under its steps in the dismantling of the technical tracts (the Airport, TA–21 and White administrative control. area could occur before 2007. In the Rock Y Tracts) in part. Portions of the The White Rock Y Tract originally near term, however, NNSA has three partial tracts were not conveyed or consisted of about 540 acres (219 determined that about an additional transferred by DOE because of potential hectares). It is undeveloped and 32.3-acre portion of the Airport Tract national security mission needs for portions of the tract are associated with situated along the south side of State retaining security, health, and safety the major transportation routes Road 502 on the Townsite Mesa top buffer zones surrounding operational connecting Los Alamos with northern (and to the north of TA21) that had been areas identified by DOE prior to the New Mexico. The NNSA currently retained for the purpose of serving as a issuance of the ROD. While the retains about 341 acres of this tract health and safety buffer for the TA–21 suitability criteria were considered in under its administrative control. TSTA and TSFF operations is no longer the formulation of the Preferred required for that purpose. This partial II. Need To Change the Conveyance and Alternative, the national security tract (referred to as A–5–1) can now be Transfer Portions of a Retained Tract mission support criteria led DOE to the conveyed. This will leave about 55 acres recognition that portions of the these The original 2000 ROD for the of land within the Airport Tract under tracts may not be available for Conveyance and Transfer EIS stated that the administrative control of the NNSA. conveyance or transfer within the 10- for the tracts that were conveyed in part, year period specified by PL 105–119. DOE would continue to resolve III. Amended Decision DOE’s decision at that time was to outstanding national security mission NNSA is modifying its decision on convey or transfer 110 acres of the support issues on the remaining conveyance and transfer of certain land Airport Tract, 20 acres of the TA–21 portions of the tracts so that conveyance tracts at LANL as stated in the following Tract, and 125 acres of the White Rock or transfer of those portions could occur paragraph. Should NNSA no longer Y Tract. DOE stated in the ROD that it before the end of the 2007 deadline need portions of these and other tracts would make every effort to minimize stated in the Act. DOE could include for national security mission support the portions of the tracts it retains and deed restrictions, notices, and similar needs, NNSA will again reassess the only retain essential areas and convey or land use controls as deemed appropriate retainment of partial tract areas and transfer the remainder of the tracts and necessary that are protective of amend the Record of Decision, as before the 2007 deadline. human health and safety to facilitate the needed. On June 26, 2002, NNSA issued an transfer of the remaining portions of • The Airport Tract currently consists Amended ROD [67 FR 45495; July 9, tracts. of about 87 acres (35 hectares), east of 2002 (No. 131)] that announced NNSA’s the Los Alamos townsite and near the determination that an 8-acre portion of A. Need for Existing Facilities at TA–21 East Gate Business Park. The Los the Airport Tract at its western end that In 2000, TA–21 Tract housed both the Alamos Airport is located on the had been retained to serve as a health Tritium Systems Test Assembly (TSTA) northern part of the tract, while other and safety buffer zone was no longer and the Tritium Sciences and portions of the tract are undeveloped. required for that purpose and could be Fabrication Facility (TSFF), and both of Portions of the Airport Tract will conveyed. NNSA additionally identified these facilities were scheduled to continue to be needed to serve as health

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and safety buffer areas for the tritium h. Applicant Contact: Mr. Jerry L. powerhouse about 3.5 miles from the activities while they continue within Stewart, Senior Vice President and spillway, and earth embankments TA–21. In March 2000, DOE decided to Senior Production Officer, Alabama consisting of: (a) A 7,000-foot-long convey or transfer part of the tract, Power Company, 600 North 18th Street, power canal which carries water from approximately 110 acres North of East P.O. Box 2641, Birmingham, AL 35291– the main reservoir to the powerhouse Road. With the planned shutdown of 8180 forebay, (b) a 1,300 foot-long tailrace portions of its tritium activities at TA– i. FERC Contact: Janet Hutzel, (202) canal which carries water from the 21, NNSA conveyed an additional 8- 502–8675 or [email protected]. tailrace to the Coosa River, (c) 1.7-mile- acre portion of the Airport Tract in j. Cooperating agencies: We are asking long east and 1.8-mile-long west 2002. NNSA will now convey a 32.3- Federal, state, local, and tribal agencies earthfill embankments extending from acre portion of the Airport Tract located with jurisdiction and/or special the powerhouse, (d) 1.35-mile-long east along the south side of State Road 502 expertise with respect to environmental and 1.0-mile-long west earth that is on top of Townsite Mesa. issues to cooperate with us in the embankments extending from the Issued in Washington, DC, July 28, 2005. preparation of the environmental spillway, (e) three freeboard dikes, (f) a document. Agencies who would like to 120-foot-long and 140-foot-long concrete Linton F. Brooks, request cooperating status should follow gravity non-overflow structure to the left Administrator, National Nuclear Security the instructions for filing such requests and right of the powerhouse, (g) a Administration. described in item k below. retaining wall to the left of the spillway, [FR Doc. 05–16276 Filed 8–16–05; 8:45 am] k. Deadline for request for cooperating a non-overflow structure to the right of BILLING CODE 6450–01–P agency status: September 26, 2005. the spillway, (h) a concrete gated All documents (original and eight spillway equipped with five 40-foot- copies) should be filed with: Magalie R. wide by 38-foot-high Taintor gates and DEPARTMENT OF ENERGY Salas, Secretary, Federal Energy one 16-foot-wide by 22-foot-high Federal Energy Regulatory Regulatory Commission, 888 First Taintor gate which serves as a trash Commission Street, NE., Washington, DC 20426. gate, (i) a second trash gate of same The Commission’s Rules of Practice dimension located to the right of the [Project No. 2146–111, Project No. 82 and require all intervenors filing documents powerhouse, and (j) the project Project No. 618] with the Commission to serve a copy of configuration resulting in a 20-mile-long that document on each person on the Alabama Power Company; Notice of bypassed reach of the Coosa River; (2) official service list for the project. Application Tendered for Filing With a 52-mile-long, 30,200-acre reservoir at Further, if an intervenor files comments the Commission, and Establishing normal pool elevation 564 feet m.s.l., or documents with the Commission Procedural Schedule for Relicensing and total storage capacity of 704,404 relating to the merits of an issue that and a Deadline for Submission of Final acre-ft at maximum elevation 574 feet may affect the responsibilities of a m.s.l.; (3) a 256-foot-long concrete Amendments particular resource agency, they must powerhouse, housing three 39,100 horse August 11, 2005. also serve a copy of the document on power vertical fixed-blade turbines and Take notice that the following that resource agency. generating units, each rated at 29.5 MW, hydroelectric application has been filed Requests for cooperating agency status a total rated capacity of 87.75 MW, with the Commission and is available may be filed electronically via the maximum hydraulic capacity of 8,400 for public inspection. Internet in lieu of paper. The cfs, and total hydraulic capacity of a. Type of Application: New Major Commission strongly encourages 25,200 cfs. Estimated generation is License. electronic filings. See 18 CFR 215,500 MWh.; (4) trashracks located at b. Project No.: P–2146–111. 385.2001(a)(1)(iii) and the instructions the turbine intakes with 6-inch bar c. Date Filed: July 28, 2005. on the Commission’s Web site (http:// spacing; (5) a substation; and (6) other d. Applicant: Alabama Power www.ferc.gov) under the ‘‘e-Filing’’ link. appurtenances. Two 115-kilovolt Company. The Commission strongly encourages transmission lines, which are not part of e. Name of Project: Coosa River electronic filing. the project, connect the substation to Hydroelectric Project, which includes l. This application has not been Alabama Power’s transmission system. the Weiss, H. Neely Henry, Logan accepted for filing. We are not soliciting Martin, Lay and Bouldin developments, motions to intervene, protests, or final H. Neely Henry Development the Mitchell Hydroelectric Project (P– terms and conditions at this time. The H. Neely Henry development 82), and the Jordan Hydroelectric m. Description of Project: The consists of: (1) A total of 4,705 feet of Project (P–618). Alabama Power proposed Coosa River Project would water retaining structures which Company has requested that Project consist of seven developments. The includes a concrete dam and two Nos. 2146, 82, and 618 be consolidated Weiss, Neely Henry, and Logan Martin earthen embankment sections consisting into one project. We intend to process developments would operate in peaking of: (a) A 305-foot-long spillway these three projects under Project No. mode. The Lay, Mitchell, Jordan, and equipped with six 40-foot-wide by 29- 2146–111. Bouldin developments would operate in foot-high Taintor gates, (b) a 300-foot- f. Location: On the Coosa River, in the run-of-river mode. The total capacity for long intake section, (c) a 120-foot-long states of Alabama and Georgia. The all developments is 960.9 MW, non-overflow bulk head section at the Logan Martin development affects less generating about 2,964,054 MWh of east end of the spillway, and (d) a 133- than an acre of federal lands, the Lay energy annually. The project works foot-long non-overflow section at the development affects 133.5 acres of would include the following: west end of the spillway; (2) a 78-mile- federal lands, the Mitchell Project long, 11,235-acre reservoir at normal affects 127.3 acres of federal lands, and Weiss Development pool elevation 508 feet m.s.l., and total the Jordan Project affects 10.1 acres of The Weiss development consists of: storage capacity of 30,640 acre-ft at federal lands. (1) A total of 30,798 feet of water normal elevation 508 feet m.s.l.; (3) a g. Filed Pursuant to: Federal Power retaining structures which includes a 300-foot-long concrete powerhouse, Act 16 U.S.C. 791 (a)–825(r). diversion dam and gated spillway, housing three 33,500 horse power

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vertical propeller turbines and MW, a total rated capacity of 177 MW, housing four 36,000 horse power generating units, each rated at 24.3 MW, maximum hydraulic capacity of 5,100 vertical turbines and generating units, a total rated capacity of 72.9 MW, cfs, and total hydraulic capacity of each rated at 25 MW, a total rated maximum hydraulic capacity of 8,900 30,600 cfs. The estimated generation is capacity of 100 MW, maximum cfs, and total hydraulic capacity of 639,445 MWh; (4) a total of 144 hydraulic capacity of 4,655 cfs each, 26,700 cfs. The estimated generation is trashracks located at the turbine intakes and total hydraulic capacity of 18,660 210,700 MWh.; (4) trashracks located at with 6-inch bar spacing; (5) a substation cfs. The estimated generation is 148,543 the turbine intakes with 6-inch bar and (6) other appurtenances. Four 115- MWh; (4) four trashracks located at the spacing; (5) a substation; and (6) other kilovolt transmission lines, which are turbine intakes with 4-inch bar spacing; appurtenances. Two 115-kilovolt not part of the project, connect the (5) a substation; and (6) other transmission lines, which are not part of substation to Alabama Power’s appurtenances. Seven 115-kilovolt the project, connect the substation to transmission system. transmission lines connect the Alabama Power’s transmission system. Mitchell Development substation to Alabama Power’s transmission system. Logan Martin Development The Mitchell development consists of: The Logan Martin development (1) A total of 1,264 feet of water Bouldin Development consists of: (1) A total of 6,192 feet of retaining structures which includes a The Bouldin development consists of: water retaining structures which concrete dam and gated spillway, and (1) A total of 9,428 feet of water includes a 100-foot-high concrete dam two powerhouses consisting of: (a) A retaining structures which includes a and gated spillway, powerhouse and 964-foot-long gated concrete spillway 210-foot-high concrete dam, a earthen embankment section consisting section equipped with twenty-three 30- powerhouse integrated with the project of: (a) A 327-foot-long concrete spillway foot-wide by 15-foot-high timber faced intake, and two earthen embankments equipped with six 40-foot-wide by 38- radial lift gates, and three 30-foot-wide consisting of: (a) A 2,200-foot-long earth foot-high Taintor gates, and one 17.5- by 25-foot-high steel faced radial gates; embankment left of the intake, (b) a 228- foot-wide by 21-foot-high vertical trash (2) a 14-mile-long 5,850-acre reservoir at foot-long concrete intake section gate, (b) a 4,650-foot-long east earth normal pool elevation 312 feet m.s.l.; (3) equipped with three 40-foot-wide by embankment, (c) a 850-foot-long west two powerhouses which includes; (a) 35.5-foot-high Taintor gates, and (c) a earth embankment, (d) a 120-foot-long The original 449-foot-long concrete 7,000-foot-long earth embankment right concrete powerhouse intake; (2) a 48.5- powerhouse, housing one 29,000 horse of the intake; (2) a 3-mile-long, 920-acre mile-long, 15,263-acre reservoir at power vertical turbine and generating intake canal at normal pool elevation normal pool elevation 465 feet m.s.l., unit, rated at 20 MW, maximum 252 feet m.s.l.; (3) a 228-foot-long and total storage capacity of 273,500 hydraulic capacity of 4,788 cfs, and b) concrete powerhouse, housing three acre-ft at normal elevation 465 feet a new 300-foot-long concrete 103,600 horse power propeller-type m.s.l.; (3) a 295-foot-long concrete powerhouse housing three 69,000 horse turbines and generating units, each powerhouse, housing three 59,000 horse power vertical turbines and generating rated at 75 MW, a total rated capacity of power vertical propeller turbines and units, rated at 50 MW each, a total rated 225 MW, maximum hydraulic capacity generating units, each rated at 42.75 capacity of 150 MW, maximum of 9,333 cfs each, and total hydraulic MW, a total rated capacity of 128.25 hydraulic capacity of 10,454 cfs each, capacity of 27,999 cfs. The estimated MW, maximum hydraulic capacity of and total hydraulic capacity of 31,362 11,000 cfs, and total hydraulic capacity cfs. The total rated capacity for both generation is 822,000 MWh; (4) sixty- of 33,000 cfs. The estimated generation project powerhouses is 170 MW, and three trashracks located at the turbine is 400,200 MWh; (4) trashracks located total estimated generation is 527,666 intakes with 6-inch bar spacing; (5) a at the turbine intakes with 6-inch bar MWh; (4) a total of 124 trashracks substation; and (6) other appurtenances. spacing; (5) a substation; and (6) other located at the turbine intakes with 6- Four 115-kilovolt transmission lines, appurtenances. Four 115-kilovolt inch bar spacing; (5) a substation; and which are not part of the project, transmission lines, which are not part of (6) other appurtenances. Four 115- connect the substation to Alabama the project, connect the substation to kilovolt transmission lines, which are Power’s transmission system. Alabama Power’s transmission system. not part of the project, connect the n. A copy of the application is substation to Alabama Power’s available for review at the Commission Lay Development transmission system. in the Public Reference Room or may be The Lay development consists of: (1) viewed on the Commission’s Web site at A total of 2,120 feet of water retaining Jordan Development http://www.ferc.gov using the structures which includes a concrete The Jordan development consists of: ‘‘eLibrary’’ link. Enter the docket dam and gated spillway, integrated (1) A total of 2,066 feet of water number excluding the last three digits in powerhouse, and an earthen retaining structures which includes a the docket number field to access the embankment section consisting of: (a) A 125-foot-high concrete dam and gated document. For assistance, contact FERC 194-foot-long concrete bulkhead, (b) a spillway, and integrated powerhouse Online Support at 304-foot-long concrete intake section, (c) consisting of: (a) A 75-foot-long non- [email protected] or toll- a 930-foot-long gated concrete spillway overflow concrete bulkhead, (b) a 246- free at 1–866–208–3676, or for TTY, section equipped with twenty-six 30- foot-long concrete intake section, (c) a (202) 502–8659. A copy is also available foot-wide by 17-foot-high radial lift 1330-foot-long gated concrete spillway for inspection and reproduction at the gates, (d) a 180-foot-long concrete equipped with eighteen 34-foot-wide by address in item h above. bulkhead, and (e) a 512-foot-long earth 8-foot-high radial lift gates, and You may also register online at embankment; (2) a 48.2-mile-long, seventeen 30-foot-wide by 18-foot-high http://www.ferc.gov/docs-filing/ 12,000-acre reservoir at normal pool vertical lift gates, and (d) a 177-foot-long esubscription.asp to be notified via e- elevation 465 feet m.s.l.; (3) a 376-foot- non-overflow concrete bulkhead; (2) an mail of new filings and issuances long concrete powerhouse, housing six 18-mile-long, 5,880-acre reservoir at related to this or other pending projects. 40,000 horse power vertical turbines normal pool elevation 252 feet m.s.l.; (3) For assistance, contact FERC Online and generating units, each rated at 29.5 a 300-foot-long concrete powerhouse, Support.

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o. Procedural schedule and final 34. The Director’s order also stated that DEPARTMENT OF ENERGY amendments: At this time we do not the Commission would publish a anticipate the need for preparing a draft separate notice in the Federal Register Federal Energy Regulatory environmental assessment (EA). establishing a period of time for the Commission Recipients will have 60 days to provide filing of protests. Accordingly, any [Docket No. PR05–18–000] the Commission with any written person desiring to be heard or to protest comments on the EA. All comments the blanket approval of issuances of Bridgeline Gas Distribution LLC; filed with the Commission will be securities or assumptions of liability by Notice of Cost and Revenue Study considered in the Order taking final BJ Energy should file a motion to action on the license applications. intervene or protest with the Federal August 11, 2005. However, should substantive comments Energy Regulatory Commission, 888 Take notice that on August 3, 2005, requiring re-analysis be received on the First Street, NE., Washington, DC 20426, Bridgeline Gas Distribution LLC EA document, we would consider in accordance with Rules 211 and 214 (Bridgeline) tendered for filing a cost preparing a subsequent EA document. of the Commission’s Rules of Practice and revenue study for the 12-month The application will be processed period ended March 31, 2005, in according to the following Hydro and Procedure. 18 CFR 385.211, 385.214 (2004). compliance with the Commission Order, Licensing Schedule. Revisions to the issued September 23, 2003, in Docket schedule will be made as appropriate. Notice is hereby given that the No. PR02–14–001. Issue Acceptance letter or Deficiency deadline for filing motions to intervene Bridgeline states that copies of the Letter and request Additional or protest is September 12, 2005. filing were served on parties on the Information, if needed—September Absent a request to be heard in official service list in the above- 2005. opposition by the deadline above, BJ captioned proceeding. Notice soliciting final terms and Energy is authorized to issue securities Any person desiring to intervene or to conditions—December 2005. and assume obligations or liabilities as protest this filing must file in Notice of the Availability of the EA— a guarantor, indorser, surety, or accordance with Rules 211 and 214 of July 2006. otherwise in respect of any security of the Commission’s Rules of Practice and Ready for Commission’s decision on the another person; provided that such Procedure (18 CFR 385.211 and application—November 2006. 385.214). Protests will be considered by Final amendments to the application issuance or assumption is for some lawful object within the corporate the Commission in determining the must be filed with the Commission no appropriate action to be taken, but will purposes of BJ Energy, compatible with later than 30 days from the issuance not serve to make protestants parties to the public interest, and is reasonably date of the notice of ready for the proceeding. Any person wishing to environmental analysis. necessary or appropriate for such become a party must file a notice of purposes. Linda Mitry, intervention or motion to intervene, as The Commission reserves the right to Deputy Secretary. appropriate. Such notices, motions, or require a further showing that neither protests must be filed on or before the [FR Doc. E5–4471 Filed 8–16–05; 8:45 am] public nor private interests will be date as indicated below. Anyone filing BILLING CODE 6717–01–P adversely affected by continued an intervention or protest must serve a approval of BJ Energy’s issuances of copy of that document on the Applicant. DEPARTMENT OF ENERGY securities or assumptions of liability. Anyone filing an intervention or protest Copies of the full text of the Director’s on or before the intervention or protest date need not serve motions to intervene Federal Energy Regulatory Order are available from the or protests on persons other than the Commission Commission’s Public Reference Room, Applicant. [Docket Nos. ER05–1097–000, ER05–1097– 888 First Street, NE., Washington, DC The Commission encourages 001] 20426. The Order may also be viewed electronic submission of protests and on the Commission’s Web site at interventions in lieu of paper using the BJ Energy LLC; Notice of Issuance of http://www.ferc.gov, using the eLibrary Order ‘‘eFiling’’ link at http://www.ferc.gov. link. Enter the docket number excluding Persons unable to file electronically August 11, 2005. the last three digits in the docket should submit an original and 14 copies BJ Energy LLC (BJ Energy) filed an number filed to access the document. of the protest or intervention to the application for market-based rate Comments, protests, and interventions Federal Energy Regulatory Commission, authority, with an accompanying rate may be filed electronically via the 888 First Street, NE., Washington, DC tariff. The proposed rate tariff provides Internet in lieu of paper. See, 18 CFR 20426. for the sales of capacity, energy and 385.2001(a)(1)(iii) and the instructions This filing is accessible on-line at ancillary services at market-based rates. on the Commission’s Web site under the http://www.ferc.gov, using the BJ Energy also requested waiver of ‘‘e-Filing’’ link. The Commission ‘‘eLibrary’’ link and is available for various Commission regulations. In strongly encourages electronic filings. review in the Commission’s Public particular, BJ Energy requested that the Reference Room in Washington, DC. Commission grant blanket approval Linda Mitry, There is an ‘‘eSubscription’’ link on the under 18 CFR part 34 of all future Deputy Secretary. Web site that enables subscribers to issuances of securities and assumptions [FR Doc. E5–4469 Filed 8–16–05; 8:45 am] receive e-mail notification when a of liability by BJ Energy. BILLING CODE 6717–01–P document is added to a subscribed On August 11, 2005, pursuant to docket(s). For assistance with any FERC delegated authority, the Director, Online service, please e-mail Division of Tariffs and Market [email protected], or call Development—South, granted the (866) 208–3676 (toll free). For TTY, call request for blanket approval under part (202) 502–8659.

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Comment Date: 5 p.m. eastern time CFR 157.10). A person obtaining party DEPARTMENT OF ENERGY September 2, 2005. status will be placed on the service list maintained by the Secretary of the Federal Energy Regulatory Linda Mitry, Commission and will receive copies of Commission Deputy Secretary. all documents filed by the applicant and [FR Doc. E5–4473 Filed 8–16–05; 8:45 am] by all other parties. A party must submit [Docket No. RP04–428–002] BILLING CODE 6717–01–P 14 copies of filings made with the Commission and must mail a copy to Dominion Cove Point LNG, LP; Notice DEPARTMENT OF ENERGY the applicant and to every other party in of Compliance Filing the proceeding. Only parties to the August 11, 2005. Federal Energy Regulatory proceeding can ask for court review of Commission Commission orders in the proceeding. Take notice that on August 5, 2005, Dominion Cove Point LNG, LP (Cove [Docket No. CP05–399–000] However, a person does not have to intervene in order to have comments Point) tendered for filing a compliance CenterPoint Energy Gas Transmission considered. The second way to filing pursuant to the Commission’s Company; Notice of Application participate is by filing with the Order on Technical Conference issued Secretary of the Commission, as soon as on July 6, 2005, (112 FERC ¶ 61,046). August 11, 2005. possible, an original and two copies of Cove Point states that copies of the Take notice that CenterPoint Energy comments in support of or in opposition filing were served on parties on the Gas Transmission Company (CEGT), to this project. The Commission will official service list. 1111 Louisiana Street, Houston, Texas consider these comments in Any person desiring to protest this 77002–5231, filed in Docket No. CP05– determining the appropriate action to be filing must file in accordance with Rule 399–000 on August 4, 2005, an taken, but the filing of a comment alone 211 of the Commission’s Rules of application pursuant to section 7(b) of will not serve to make the filer a party the Natural Gas Act (NGA), for Practice and Procedure (18 CFR to the proceeding. The Commission’s authorization for CEGT to abandon, by rules require that persons filing 385.211). Protests to this filing will be sale to CenterPoint Energy Field comments in opposition to the project considered by the Commission in Services, Inc., its Line OT–1–A, provide copies of their protests only to determining the appropriate action to be consisting of 16,489 feet of 8- and 12- the party or parties directly involved in taken, but will not serve to make inch diameter pipe and appurtenant the protest. protestants parties to the proceeding. facilities located in LeFlore County, Such protests must be filed in Oklahoma. Applicant also requests a Persons who wish to comment only accordance with the provisions of determination under section 1(b) of the on the environmental review of this Section 154.210 of the Commission’s NGA that upon abandonment the project should submit an original and regulations (18 CFR 154.210). Anyone two copies of their comments to the subject facilities will be non- filing a protest must serve a copy of that jurisdictional gathering facilities, all as Secretary of the Commission. document on all the parties to the more fully set forth in the application Environmental commenters will be proceeding. which is on file with the Commission placed on the Commission’s and open to public inspection. This environmental mailing list, will receive The Commission encourages filing may be also viewed on the Web copies of the environmental documents, electronic submission of protests in lieu at http://www.ferc.gov using the and will be notified of meetings of paper using the ‘‘eFiling’’ link at ‘‘eLibrary’’ link. Enter the docket associated with the Commission’s http://www.ferc.gov. Persons unable to number excluding the last three digits in environmental review process. file electronically should submit an the docket number field to access the Environmental commenters will not be original and 14 copies of the protest to document. For assistance, call (202) required to serve copies of filed the Federal Energy Regulatory 502–8659 or TTY, (202) 208–3676. documents on all other parties. Commission, 888 First Street, NE., Any questions regarding this However, the non-party commenters Washington, DC 20426. application should be directed to will not receive copies of all documents This filing is accessible on-line at Lawrence O. Thomas, Director Rate & filed by other parties or issued by the Regulatory, CenterPoint Energy Gas http://www.ferc.gov, using the Commission (except for the mailing of ‘‘eLibrary’’ link and is available for Transmission Company, P.O. Box environmental documents issued by the review in the Commission’s Public 21734, Shreveport, LA 71151, at (318) Commission) and will not have the right Reference Room in Washington, DC. 429–2804 (phone) or (318) 429–3133 to seek court review of the There is an ‘‘eSubscription’’ link on the (fax). Commission’s final order. There are two ways to become Web site that enables subscribers to involved in the Commission’s review of Comments, protests and interventions receive e-mail notification when a this project. First, any person wishing to may be filed electronically via the document is added to a subscribed obtain legal status by becoming a party Internet in lieu of paper. See, 18 CFR docket(s). For assistance with any FERC to the proceedings for this project 385.2001(a)(1)(iii) and the instructions Online service, please e-mail should, on or before the comment date on the Commission’s Web site under the [email protected], or call stated below, file with the Federal ‘‘e-Filing’’ link. (866) 208–3676 (toll free). For TTY, call Energy Regulatory Commission, 888 Comment Date: 5 p.m. eastern time on (202) 502–8659. First Street, NE., Washington, DC 20426, September 1, 2005. a motion to intervene in accordance Linda Mitry, with the requirements of the Linda Mitry, Deputy Secretary. Commission’s Rules of Practice and Deputy Secretary. [FR Doc. E5–4475 Filed 8–16–05; 8:45 am] Procedure (18 CFR 385.214 or 385.211) [FR Doc. E5–4468 Filed 8–16–05; 8:45 am] BILLING CODE 6717–01–P and the Regulations under the NGA (18 BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY

Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission

[Docket No. RP04–428–003] [Docket No. RP05–502–001] [Docket No. RP05–51–002]

Dominion Cove Point LNG, LP; Notice Dominion Transmission, Inc.; Notice of Dominion Transmission, Inc.; Notice of of Compliance Filing Refund Report Compliance Filing

August 11, 2005. August 11, 2005. August 11, 2005. Take notice that on August 5, 2005, Take notice that on August 10, 2005 Take notice that on August 5, 2005, Dominion Cove Point LNG, LP (Cove Transcontinental Gas Pipe Line Dominion Transmission, Inc. (DTI) Point) submitted a compliance filing Corporation (Transco) filed a report submitted a compliance filing pursuant regarding inventory transfers pursuant reflecting the flow through of refunds to the Commission’s Letter Order issued to the Commission’s ‘‘Order On received from Dominion Transmission, on July 26, 2005 (112 FERC ¶ 61,139). Technical Conference’’ issued July 6, Inc. (Dominion) in Docket No. RP05– DTI states that copies of the filing 2005 in Docket No. RP04–428–000. 502–000. were served on parties on the official Cove Point states that copies of the Any person desiring to protest this service list. filing were served on parties on the filing must file in accordance with Rule Any person desiring to protest this official service list in the above- 211 of the Commission’s Rules of filing must file in accordance with Rule captioned proceeding. Practice and Procedure (18 CFR 211 of the Commission’s Rules of Any person desiring to protest this 385.211). Protests to this filing will be Practice and Procedure (18 CFR filing must file in accordance with Rule considered by the Commission in 385.211). Protests to this filing will be 211 of the Commission’s Rules of determining the appropriate action to be considered by the Commission in Practice and Procedure (18 CFR taken, but will not serve to make determining the appropriate action to be 385.211). Protests to this filing will be protestants parties to the proceeding. taken, but will not serve to make considered by the Commission in Such protests must be filed on or before protestants parties to the proceeding. determining the appropriate action to be the date as indicated below. Anyone Such protests must be filed in taken, but will not serve to make filing a protest must serve a copy of that accordance with the provisions of protestants parties to the proceeding. document on all the parties to the Section 154.210 of the Commission’s Such protests must be filed in proceeding. regulations (18 CFR 154.210). Anyone accordance with the provisions of The Commission encourages filing a protest must serve a copy of that Section 154.210 of the Commission’s electronic submission of protests in lieu document on all the parties to the regulations (18 CFR 154.210). Anyone of paper using the ‘‘eFiling’’ link at proceeding. filing a protest must serve a copy of that http://www.ferc.gov. Persons unable to document on all the parties to the The Commission encourages file electronically should submit an proceeding. electronic submission of protests in lieu original and 14 copies of the protest to of paper using the ‘‘eFiling’’ link at The Commission encourages the Federal Energy Regulatory electronic submission of protests in lieu http://www.ferc.gov. Persons unable to Commission, 888 First Street, NE., file electronically should submit an of paper using the ‘‘eFiling’’ link at Washington, DC 20426. http://www.ferc.gov. Persons unable to original and 14 copies of the protest to file electronically should submit an This filing is accessible on-line at the Federal Energy Regulatory original and 14 copies of the protest to http://www.ferc.gov, using the Commission, 888 First Street, NE., the Federal Energy Regulatory ‘‘eLibrary’’ link and is available for Washington, DC 20426. Commission, 888 First Street, NE., review in the Commission’s Public This filing is accessible on-line at Washington, DC 20426. Reference Room in Washington, DC. http://www.ferc.gov, using the There is an ‘‘eSubscription’’ link on the This filing is accessible on-line at ‘‘eLibrary’’ link and is available for Web site that enables subscribers to http://www.ferc.gov, using the review in the Commission’s Public ‘‘eLibrary’’ link and is available for receive e-mail notification when a Reference Room in Washington, DC. review in the Commission’s Public document is added to a subscribed There is an ‘‘eSubscription’’ link on the Reference Room in Washington, DC. docket(s). For assistance with any FERC Web site that enables subscribers to There is an ‘‘eSubscription’’ link on the Online service, please e-mail receive e-mail notification when a Web site that enables subscribers to [email protected], or call document is added to a subscribed receive e-mail notification when a (866) 208–3676 (toll free). For TTY, call docket(s). For assistance with any FERC document is added to a subscribed (202) 502–8659. Online service, please e-mail docket(s). For assistance with any FERC Comment Date: 5 p.m. eastern time on [email protected], or call Online service, please e-mail August 18, 2005. (866) 208–3676 (toll free). For TTY, call [email protected], or call (202) 502–8659. (866) 208–3676 (toll free). For TTY, call Linda Mitry, (202) 502–8659. Deputy Secretary. Linda Mitry, [FR Doc. E5–4480 Filed 8–16–05; 8:45 am] Deputy Secretary. Linda Mitry, BILLING CODE 6717–01–P [FR Doc. E5–4481 Filed 8–16–05; 8:45 am] Deputy Secretary. BILLING CODE 6717–01–P [FR Doc. E5–4476 Filed 8–16–05; 8:45 am] BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Copies of the full text of the Director’s Commission, 888 First Street, NE., Order are available from the Washington, DC 20426. Federal Energy Regulatory Commission’s Public Reference Room, This filing is accessible on line at Commission 888 First Street, NE., Washington, DC http://www.ferc.gov, using the 20426. The Order may also be viewed ‘‘eLibrary’’ link and is available for [Docket Nos. ER05–1099–000, ER05–1099– on the Commission’s Web site at review in the Commission’s Public 001, ER05–1099–002] http://www.ferc.gov, using the eLibrary Reference Room in Washington, DC. link. Enter the docket number excluding There is an ‘‘eSubscription’’ link on the E Minus Energy Corporation; Notice of the last three digits in the docket Web site that enables subscribers to Issuance Of Order number filed to access the document. receive e-mail notification when a August 11, 2005. Comments, protests, and interventions document is added to a subscribed E Minus Energy Corporation (E Minus may be filed electronically via the docket(s). For assistance with any FERC Energy) filed an application for market- Internet in lieu of paper. See, 18 CFR Online service, please e-mail based rate authority, with an 385.2001(a)(1)(iii) and the instructions [email protected], or call accompanying rate schedule. The on the Commission’s Web site under the (866) 208–3676 (toll free). For TTY, call proposed rate schedule provides for the ‘‘e-Filing’’ link. The Commission (202) 502–8659. strongly encourages electronic filings. sales of capacity and energy at market- Linda Mitry, based rates. E Minus Energy also Linda Mitry, Deputy Secretary. requested waiver of various Commission Deputy Secretary. [FR Doc. E5–4482 Filed 8–16–05; 8:45 am] regulations. In particular, E Minus [FR Doc. E5–4470 Filed 8–16–05; 8:45 am] BILLING CODE 6717–01–P Energy requested that the Commission grant blanket approval under 18 CFR BILLING CODE 6717–01–P part 34 of all future issuances of DEPARTMENT OF ENERGY securities and assumptions of liability DEPARTMENT OF ENERGY by E Minus Energy. Federal Energy Regulatory On August 11, 2005, pursuant to Federal Energy Regulatory Commission delegated authority, the Director, Commission Division of Tariffs and Market [Docket No. RP05–422–000] Development—South, granted the [Docket No. RP05–523–001] El Paso Natural Gas Company; Notice request for blanket approval under part of Technical Conference 34. The Director’s order also stated that Eastern Shore Natural Gas Company; the Commission would publish a Notice of Compliance Filing August 11, 2005. separate notice in the Federal Register On June 30, 2005, El Paso Natural Gas establishing a period of time for the August 11, 2005. Company (El Paso) filed revised tariff filing of protests. Accordingly, any Take notice that on August 8, 2005, sheets pursuant to section 4 of the person desiring to be heard or to protest Eastern Shore Natural Gas Company Natural Gas Act and part 154 of the the blanket approval of issuances of (ESNG) tendered for filing as part of its Commission’s regulations. In its filing, securities or assumptions of liability by FERC Gas Tariff, Second Revised El Paso proposes a number of new E Minus Energy should file a motion to Volume No. 1, First Revised Sheet No. services, a rate increase for existing intervene or protest with the Federal 233, with a proposed effective date of services, and changes in certain terms Energy Regulatory Commission, 888 September 1, 2005. and conditions of service. On July 29, First Street, NE., Washington, DC 20426, ESNG states that copies of the filing 2005, the Commission issued an order 1 in accordance with Rules 211 and 214 have been served upon its affected accepting and suspending the tariff of the Commission’s Rules of Practice customers and interested State sheets, subject to refund and conditions, and Procedure. 18 CFR 385.211, 385.214 Commissions. establishing hearing procedures, and (2004). Any person desiring to protest this establishing a technical conference. In Notice is hereby given that the filing must file in accordance with Rule that order, the Commission directed the deadline for filing motions to intervene 211 of the Commission’s Rules of Staff to convene a technical conference or protest is September 12, 2005. Practice and Procedure (18 CFR to address certain issues raised by the Absent a request to be heard in 385.211). Protests to this filing will be filing. opposition by the deadline above, E considered by the Commission in Take notice that a technical Minus Energy is authorized to issue determining the appropriate action to be conference to discuss issues raised by El securities and assume obligations or taken, but will not serve to make Paso’s filing will be held on Tuesday, liabilities as a guarantor, indorser, protestants parties to the proceeding. September 20, 2005 at 10 a.m. (e.s.t.), in surety, or otherwise in respect of any Such protests must be filed in a room to be designated at the offices of security of another person; provided accordance with the provisions of the Federal Energy Regulatory that such issuance or assumption is for Section 154.210 of the Commission’s Commission, 888 First Street, NE., some lawful object within the corporate regulations (18 CFR 154.210). Anyone Washington, DC 20426. The conference purposes of E Minus Energy, compatible filing a protest must serve a copy of that will continue through Wednesday, with the public interest, and is document on all the parties to the September 21, 2005. An agenda for the reasonably necessary or appropriate for proceeding. conference will be issued in a such purposes. The Commission encourages subsequent notice. The Commission reserves the right to electronic submission of protests in lieu FERC conferences are accessible require a further showing that neither of paper using the ‘‘eFiling’’ link at under section 508 of the Rehabilitation public nor private interests will be http://www.ferc.gov. Persons unable to Act of 1973. For accessibility adversely affected by continued file electronically should submit an accommodations please send an e-mail approval of E Minus Energy’s issuances original and 14 copies of the protest to of securities or assumptions of liability. the Federal Energy Regulatory 1 112 FERC ¶ 61,150 (2005).

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to [email protected] or call toll free Online service, please email document on all the parties to the 1–866–208–3372 (voice) or 202–208– [email protected], or call proceeding. 1659 (TTY), or send a FAX to 202–208– (866) 208–3676 (toll free). For TTY, call The Commission encourages 2106 with the required (202) 502–8659. electronic submission of protests in lieu accommodations. Comment Date: 5 p.m. eastern time on of paper using the ‘‘eFiling’’ link at All parties and staff are permitted to August 18, 2005. http://www.ferc.gov. Persons unable to attend. file electronically should submit an Linda Mitry, original and 14 copies of the protest to Linda Mitry, Deputy Secretary. the Federal Energy Regulatory Deputy Secretary. [FR Doc. E5–4477 Filed 8–16–05; 8:45 am] Commission, 888 First Street, NE., [FR Doc. E5–4479 Filed 8–16–05; 8:45 am] BILLING CODE 6717–01–P Washington, DC 20426. BILLING CODE 6717–01–P This filing is accessible on-line at http://www.ferc.gov, using the DEPARTMENT OF ENERGY ‘‘eLibrary’’ link and is available for DEPARTMENT OF ENERGY review in the Commission’s Public Federal Energy Regulatory Reference Room in Washington, DC. Federal Energy Regulatory Commission Commission There is an ‘‘eSubscription’’ link on the [Docket No. RP04–171–003] Web site that enables subscribers to [Docket No. RP05–164–004] receive e-mail notification when a Portland Natural Gas Transmission document is added to a subscribed Equitrans, L.P.; Notice To Place System; Notice of Compliance Filing docket(s). For assistance with any FERC Suspended Tariff Sheets Into Effect Online service, please e-mail August 11, 2005. [email protected], or call August 11, 2005. Take notice that on August 5, 2005, Take notice that on August 9, 2005, (866) 208–3676 (toll free). For TTY, call Portland Natural Gas Transmission (202) 502–8659. Equitrans, L.P. (Equitrans) filed a System (PNGTS) tendered for filing the motion to place into effect certain tariff following revised tariff sheets to its Linda Mitry, sheets that have been accepted, but FERC Gas Tariff, Original Volume No. 1, Deputy Secretary. suspended, in Docket No. RP05–164– to become effective on April 1, 2004: [FR Doc. E5–4474 Filed 8–16–05; 8:45 am] 000. Equitrans states as part of its filing, Second Revised Sheet No. 201 BILLING CODE 6717–01–P it has submitted the revised tariff sheets First Revised Sheet No. 215 listed on Attachment A incorporating Original Sheet No. 215A changes directed to be made by the Second Substitute Original Sheet No. 219 DEPARTMENT OF ENERGY Commission. Equitrans requests an Original Sheet No. 219A effective date of August 1, 2005 for the Second Substitute Original Sheet No. 223 Federal Energy Regulatory listed tariff sheets. Second Substitute Third Revised Sheet No. Commission Any person desiring to protest this 326 [Docket No. RP05–399–001] filing must file in accordance with Rule Original Sheet No. 326A 211 of the Commission’s Rules of Substitute Third Revised Sheet No. 339 Substitute First Revised Sheet No. 571 Viking Gas Transmission Company; Practice and Procedure (18 CFR Notice of Compliance Filing 385.211). Protests to this filing will be PNGTS states that the purpose of its considered by the Commission in filing is to comply with the August 11, 2005. determining the appropriate action to be Commission’s Order issued in this Take notice that on August 5, 2005, taken, but will not serve to make proceeding on June 20, 2005, Portland Viking Gas Transmission Company protestants parties to the proceeding. Natural Gas Transmission Sys., 111 (Viking) tendered for filing gas price Such protests must be filed on or before FERC ¶ 61,430 (2004), which accepted, index information to comply with the the date as indicated below. Anyone subject to certain conditions and Commission’s Letter Order issued on filing a protest must serve a copy of that modifications, tariff sheets filed by July 22, 2005, in Docket No. RP05–399– document on all the parties to the PNGTS on April 9, 2004 to establish a 000. proceeding. new hourly firm transportation service. Any person desiring to protest this The Commission encourages PNGTS states that copies of this filing filing must file in accordance with Rule electronic submission of protests in lieu are being served on all jurisdictional 211 of the Commission’s Rules of of paper using the ‘‘eFiling’’ link at customers and interested state Practice and Procedure (18 CFR http://www.ferc.gov. Persons unable to commissions, as well as all persons on 385.211). Protests to this filing will be file electronically should submit an the service list for this proceeding. considered by the Commission in original and 14 copies of the protest to Any person desiring to protest this determining the appropriate action to be the Federal Energy Regulatory filing must file in accordance with Rule taken, but will not serve to make Commission, 888 First Street, NE., 211 of the Commission’s Rules of protestants parties to the proceeding. Washington, DC 20426. Practice and Procedure (18 CFR Such protests must be filed on or before This filing is accessible on-line at 385.211). Protests to this filing will be the date as indicated below. Anyone http://www.ferc.gov, using the considered by the Commission in filing a protest must serve a copy of that ‘‘eLibrary’’ link and is available for determining the appropriate action to be document on all the parties to the review in the Commission’s Public taken, but will not serve to make proceeding. Reference Room in Washington, DC. protestants parties to the proceeding. The Commission encourages There is an ‘‘eSubscription’’ link on the Such protests must be filed in electronic submission of protests in lieu Web site that enables subscribers to accordance with the provisions of of paper using the ‘‘eFiling’’ link at receive e-mail notification when a Section 154.210 of the Commission’s http://www.ferc.gov. Persons unable to document is added to a subscribed regulations (18 CFR 154.210). Anyone file electronically should submit an docket(s). For assistance with any FERC filing a protest must serve a copy of that original and 14 copies of the protest to

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the Federal Energy Regulatory of that document on the Applicant and of that document on the Applicant and Commission, 888 First Street, NE., all the parties in this proceeding. all the parties in this proceeding. Washington, DC 20426. The Commission encourages The Commission encourages This filing is accessible on-line at electronic submission of protests and electronic submission of protests and http://www.ferc.gov, using the interventions in lieu of paper using the interventions in lieu of paper using the ‘‘eLibrary’’ link and is available for ‘‘eFiling’’ link at http://www.ferc.gov. ‘‘eFiling’’ link at http://www.ferc.gov. review in the Commission’s Public Persons unable to file electronically Persons unable to file electronically Reference Room in Washington, DC. should submit an original and 14 copies should submit an original and 14 copies There is an ‘‘eSubscription’’ link on the of the protest or intervention to the of the protest or intervention to the Web site that enables subscribers to Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, receive e-mail notification when a 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC document is added to a subscribed 20426. 20426. docket(s). For assistance with any FERC This filing is accessible on-line at This filing is accessible on-line at Online service, please e-mail http://www.ferc.gov, using the http://www.ferc.gov, using the [email protected], or call ‘‘eLibrary’’ link and is available for ‘‘eLibrary’’ link and is available for (866) 208–3676 (toll free). For TTY, call review in the Commission’s Public review in the Commission’s Public (202) 502–8659. Reference Room in Washington, DC. Reference Room in Washington, DC. Comment Date: 5 p.m. eastern time on There is an ‘‘eSubscription’’ link on the There is an ‘‘eSubscription’’ link on the August 18, 2005. Web site that enables subscribers to web site that enables subscribers to receive e-mail notification when a receive e-mail notification when a Linda Mitry, document is added to a subscribed document is added to a subscribed Deputy Secretary. docket(s). For assistance with any FERC docket(s). For assistance with any FERC [FR Doc. E5–4478 Filed 8–16–05; 8:45 am] Online service, please e-mail Online service, please e-mail BILLING CODE 6717–01–P [email protected], or call [email protected], or call (866) 208–3676 (toll free). For TTY, call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. (202) 502–8659. DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time on August 25, 2005. Federal Energy Regulatory on August 25, 2005. Commission Linda Mitry, Linda Mitry, Deputy Secretary. Deputy Secretary. [Docket No. EF05–5171–000] [FR Doc. E5–4466 Filed 8–16–05; 8:45 am] [FR Doc. E5–4467 Filed 8–16–05; 8:45 am] BILLING CODE 6717–01–P BILLING CODE 6717–01–P United States Department of Energy; Western Area Power Administration; Notice of Filing DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY August 11, 2005. Federal Energy Regulatory Federal Energy Regulatory Take notice that on August 1, 2005, Commission Commission the Deputy Secretary of the Department [Docket No. NJ05–1–001] of Energy, by Rate Order No. WAPA– Combined Notice of Filings #1 117, did confirm and approve on an Western Area Power Administration; August 11, 2005. interim basis, to be effective on October Notice of Compliance Filing 1, 2005, Rate Schedule SLIP–F8 placing Take notice that the Commission firm power rates for the Salt Lake City August 11, 2005. received the following electric rate Area Integrated Projects of the Western Take notice that on August 4, 2005, filings. Area Power Administration into effect Western Area Power Administration Docket Numbers: ER95–1007–019. on an interim basis. The provisional submitted revisions to its amended non- Applicants: Logan Generating rates in Rate Schedule SLIP–F8 will be jurisdictional open access transmission Company, LP. in effect pending the Federal Energy tariff in compliance with the Description: Logan Generating Regulatory Commission’s approval of Commission’s Order issued July 6, 2005 Company, LP submits a notification of these or of substitute rates on a final in Docket No. NJ05–1–000, 112 FERC a change in status. basis through September 30, 2010. ¶ 61,044. Filed Date: 08/03/2005. Any person desiring to intervene or to Any person desiring to intervene or to Accession Number: 20050805–0278. protest this filing must file in protest this filing must file in Comment Date: 5 p.m. eastern time on accordance with Rules 211 and 214 of accordance with Rules 211 and 214 of Wednesday, August 24, 2005. the Commission’s Rules of Practice and the Commission’s Rules of Practice and Docket Numbers: ER99–754–012; Procedure (18 CFR 385.211, 385.214). Procedure (18 CFR 385.211, 385.214). EL05–132–000. Protests will be considered by the Protests will be considered by the Applicants: AmerGen Energy Commission in determining the Commission in determining the Company, LLC. appropriate action to be taken, but will appropriate action to be taken, but will Description: AmerGen Energy not serve to make protestants parties to not serve to make protestants parties to Company, LLC submits an amendment the proceeding. Any person wishing to the proceeding. Any person wishing to to its market-based rate tariffs adding a become a party must file a notice of become a party must file a notice of Statement of Policy and Code of intervention or motion to intervene, as intervention or motion to intervene, as Conduct with respect to the relationship appropriate. Such notices, motions, or appropriate. Such notices, motions, or between AmerGen and the Public protests must be filed on or before the protests must be filed on or before the Service Electric and Gas Company. comment date. Anyone filing a motion comment date. Anyone filing a motion Filed Date: 08/04/2005. to intervene or protest must serve a copy to intervene or protest must serve a copy Accession Number: 20050808–0209.

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Comment Date: 5 p.m. eastern time on Medical Area Total Energy Plant, Inc. revisions to its Open Access Thursday, August 25, 2005. submit an updated market power Transmission Tariff. Docket Numbers: ER00–3251–010; analysis and revised market-based rate Filed Date: 08/04/2005. EL05–132–000. tariffs. Accession Number: 20050805–0271. Applicants: Exelon Generation Filed Date: 08/01/2005. Comment Date: 5 p.m. eastern time on Company, LLC. Accession Number: 20050805–0280. Thursday, August 25, 2005. Description: Exelon Generation Comment Date: 5 p.m. eastern time on Docket Numbers: ER05–1291–000. Company, LLC submits an amendment Monday, August 22, 2005. Applicants: New York Independent to its market-based tariffs adding a Docket Numbers: ER03–329–007. System Operator, Inc. Statement of Policy and Code of Applicants: NorthWestern Energy. Description: New York Independent Conduct with respect to the relationship Description: NorthWestern System Operator, Inc. submits proposed between Exelon and Public Service Corporation d/b/a NorthWestern Energy revisions to its Market Administration Electric and Gas Company. submits Original Sheet Nos. 1 through 6 and Control Area Services Tariff. Filed Date: 08/04/2005. of its FERC Electric Tariff, Third Filed Date: 08/04/2005. Revised Volume 6, in compliance with Accession Number: 20050805–0270. Accession Number: 20050808–0207. Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on the Commission’s Order issued 7/2/05 Thursday, August 25, 2005. Thursday, August 25, 2005. in Docket Nos. ER03–329–006 and ER02–41–006. Docket Numbers: ER05–1292–000. Docket Numbers: ER01–1919–007; Applicants: PJM Interconnection, EL01–132–000. Filed Date: 08/04/2005. Accession Number: 20050805–0267. L.L.C. Applicants: Exelon Energy Company. Description: PJM Interconnection, Description: Exelon Energy Company Comment Date: 5 p.m. eastern time on Thursday, August 25, 2005. L.L.C. submits an executed submits an amendment to its market- interconnection service agreement and based tariffs adding a Statement of Docket Numbers: ER05–1014–002; executed construction service agreement Policy and Code of Conduct with ER98–3184–010; ER00–494–003. with Nedpower Mount Storm, LLC and Applicants: TransAlta Energy respect to the relationship between the Potomac Edison Company d/b/a Marketing (US) Inc.; TranAlta Centralia Exelon and Public Service Electric and Allegheny Power. Gas Company. Generation LLC. Filed Date: 08/04/2005. Filed Date: 08/04/2005. Description: TransAlta Energy Accession Number: 20050808–0210. Accession Number: 20050808–0208. Marketing (US) Inc. and TransAlta Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. eastern time on Centralia Generator LLC submit Thursday, August 25, 2005. Thursday, August 25, 2005. amendments to its 5/24/05 filing in Any person desiring to intervene or to Docket Numbers: ER01–2460–004; Docket No. ER05–1014–001, et al. protest in any of the above proceedings ER01–2482–004. Filed Date: 08/03/2005. must file in accordance with Rules 211 Applicants: PSEG Lawrenceburg Accession Number: 20050805–0154. and 214 of the Commission’s Rules of Energy Company LLC; PSEG Waterford Comment Date: 5 p.m. eastern time on Practice and Procedure (18 CFR 385.211 Energy LLC. Wednesday, August 24, 2005. and 385.214) on or before 5 p.m. Eastern Description: PSEG Lawrenceburg Docket Numbers: ER05–1284–000. time on the specified comment date. It Energy Co, LLC submits revised tariff Applicants: Pacific Gas & Electric is not necessary to separately intervene sheets in compliance with the Company. again in a subdocket related to a Commission’s order issued 7/5/05 in Description: Pacific Gas and Electric compliance filing if you have previously Docket No. ER01–2460–002, et al. Co. submits proposed rate changes for intervened in the same docket. Protests Filed Date: 08/03/2005. wholesale and retail electric will be considered by the Commission Accession Number: 20050805–0152. transmission rates shown in Appendices in determining the appropriate action to Comment Date: 5 p.m. eastern time on I, II and III of its Transmission Owner be taken, but will not serve to make Wednesday, August 24, 2005. Tariff. protestants parties to the proceeding. Docket Numbers: ER02–41–007. Filed Date: 08/01/2005. Anyone filing a motion to intervene or Applicants: North Western Energy Accession Number: 20050809–0211. protest must serve a copy of that Marketing, LLC. Comment Date: 5 p.m. eastern time on document on the Applicant. In reference Description: NorthWestern Energy Monday, August 22, 2005. to filings initiating a new proceeding, Marketing, LLC submits First Revised Docket Numbers: ER05–1287–000. interventions or protests submitted on Sheet Nos. 1 and 4 of its FERC Electric Applicants: Southern California or before the comment deadline need Tariff, First Revised Volume No. 1, in Edison Company. not be served on persons other and the compliance with the Commission’s Description: Southern California Applicant. order issued 7/2/05 in Docket No. Edison Company submits the Inland The Commission encourages ER03–329–006 and ER02–41–006. Empire Energy Center Generation Tie- electronic submission of protests and Filed Date: 08/04/2005. Line Facilities Agreement and the interventions in lieu of paper, using the Accession Number: 20050805–0269. Interconnection Facilities Agreement FERC Online links at http:// Comment Date: 5 p.m. eastern time on with the Inland Empire Energy Center www.ferc.gov. To facilitate electronic Thursday, August 25, 2005. LLC. service, persons with Internet access Docket Numbers: ER02–246–003; Filed Date: 08/03/2005. who will eFile a document and/or be ER98–1992–003. Accession Number: 20050805–0170. listed as a contact for an intervenor Applicants: Boston Edison Company; Comment Date: 5 p.m. eastern time on must create and validate an Cambridge Electric Light Company; Wednesday, August 24, 2005. eRegistration account using the Commonwealth Electric Company; Docket Numbers: ER05–1290–000. eRegistration link. Select the eFiling Medical Area Total Energy Plant, Inc. Applicants: New York Independent link to log on and submit the Description: Boston Edison Company, System Operator, Inc. intervention or protests. Cambridge Electric Light Company, Description: New York Independent Persons unable to file electronically Commonwealth Electric Company and System Operator, Inc. submits proposed should submit an original and 14 copies

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of the intervention or protest to the Applicants: Hermiston Power Docket Numbers: ER05–1294–000. Federal Energy Regulatory Commission, Partnership; Zion Energy LLC; Applicants: MidAmerican Energy 888 First St. NE., Washington, DC Auburndale Peaker Energy Center L.L.C. Company. 20426. Description: Hermiston Power Description: MidAmerican Energy Co. The filings in the above proceedings Partnership, Zion Energy LLC and submits a notice of cancellation of its are accessible in the Commission’s Auburndale Peaker Energy Center L.L.C. Rate Schedule No. 21, an agreement eLibrary system by clicking on the submit a supplement to their joint with the Electric and Water Utility appropriate link in the above list. They updated market power analysis filed on Board of the City of Eldridge, Iowa. are also available for review in the 5/3/05 and revised market-based rate Filed Date: 08/05/2005. Commission’s Public Reference Room in tariff sheets. Accession Number: 20050809–0187. Washington, DC. There is an Filed Date: 08/05/2005. Comment Date: 5 p.m. Eastern Time eSubscription link on the Web site that Accession Number: 20050809–0193. on Friday, August 26, 2005. enables subscribers to receive e-mail Comment Date: 5 p.m. Eastern Time Docket Numbers: ER05–1295–000. notification when a document is added on Friday, August 26, 2005. Applicants: Midwest Independent to a subscribed dockets(s). For Docket Numbers: ER04–435–014; Transmission System Operator, Inc. assistance with any FERC Online ER05–612–001. Description: Midwest Independent service, please e-mail Applicants: Southern California Transmission System Operator, Inc. [email protected]. or call Edison Company. (Midwest ISO) submits an (866) 208–3676 (toll free). For TTY, call Description: Southern California Interconnection and Operating (202) 502–8659. Edison Company submits revisions to Agreement among Windom the Wholesale Distribution Access Linda Mitry, Transmission Project LLC, the Midwest Tariff, pursuant to the Commission’s ISO and Interstate Power and Light Deputy Secretary. order issued 7/6/05 in Docket Nos. Company. [FR Doc. E5–4464 Filed 8–16–05; 8:45 am] ER04–435–010 and 012, and ER05–612– Filed Date: 08/05/2005. BILLING CODE 6717–01–P 000. Accession Number: 20050809–0188. Filed Date: 08/05/2005. Comment Date: 5 p.m. Eastern Time Accession Number: 20050809–0199. on Friday, August 26, 2005. DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time on Friday, August 26, 2005. Docket Numbers: ER05–1296–000. Federal Energy Regulatory Docket Numbers: ER05–1225–001. Applicants: New York Independent Commission Applicants: New York Industrial System Operator, Inc. Energy Buyers, LLC. Description: New York Independent Combined Notice of Filings # 2 Description: New York Industrial System Operator, Inc. and the New York Transmission Owners submit revisions August 11, 2005. Energy Buyers, LLC resubmits its entire to Attachment X of NYISO’s open access Take notice that the Commission market-based rate tariff filed on 7/19/05 with modifications to include the transmission tariff. received the following electric rate Filed Date: 08/05/2005. filings: requirement to report changes of status and the Market Behavior rules. Accession Number: 20050809–0189. Docket Numbers: ER99–2156–004. Filed Date: 08/05/2005. Comment Date: 5 p.m. Eastern Time Applicants: Cordova Energy Company Accession Number: 20050809–0192. on Friday, August 26, 2005. LLC. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER05–1297–000. Description: Cordova Energy on Friday, August 26, 2005. Applicants: Cleco Power LLC. Company LLC reports that neither it nor Docket Numbers: ER05–1226–001. Description: Cleco Power LLC submits any of its affiliates owns or operates Applicants: New York Commercial pro forma revisions to Attachment K of electric transmission facilities anywhere Energy Buyers, LLC. its open access transmission tariff. in the U.S. except those limited Description: New York Commerical Filed Date: 08/05/2005. facilities that interconnect the Energy Buyers, LLC resubmits its entire Accession Number: 20050809–0190. generators to the transmission grid and market-based rate tariff filed on 7/19/05 Comment Date: 5 p.m. Eastern Time submits revised tariff sheets revising its with modifications to include the on Friday, August 26, 2005. Market Behavior Rules. requirement to report changes of status Docket Numbers: ER05–1298–000. Filed Date: 08/05/2005. and the Market Behavior Rules. Applicants: Portland General Electric Accession Number: 20050809–0195. Filed Date: 08/05/2005. Company. Comment Date: 5 p.m. Eastern Time Accession Number: 20050809–0191. Description: Portland General Electric Comment Date: 5 p.m. Eastern Time on Friday, August 26, 2005. Co. submits revisions to its pro forma on Friday, August 26, 2005. Docket Numbers: ER00–107–004. open access transmission tariff. Applicants: La Paloma Generating Docket Numbers: ER05–1293–000. Filed Date: 08/05/2005. Applicants: Carolina Power & Light Company, LLC. Accession Number: 20050809–0184. Description: La Paloma Generating Company; Florida Power Corporation. Description: Progress Energy Service Comment Date: 5 p.m. Eastern Time Company, LLC submits its response to on Friday, August 26, 2005. the 7/6/05 deficiency letter issued by Company, LLC, on behalf of Carolina Power & Light Company (CP&L) and Any person desiring to intervene or to the Commission in Docket No. ER00– protest in any of the above proceedings 107–003. Florida Power Corporation (FPC), submits revised tariff sheets to CP&L’s must file in accordance with Rules 211 Filed Date: 08/05/2005. and FPC’s open access transmission and 214 of the Commission’s Rules of Accession Number: 20050809–0194. tariff. Practice and Procedure (18 CFR 385.211 Comment Date: 5 p.m. Eastern Time Filed Date: 08/05/2005. and 385.214) on or before 5 p.m. Eastern on Friday, August 26, 2005. Accession Number: 20050809–0186. Time on the specified comment date. It Docket Numbers: ER02–1257–003; Comment Date: 5 p.m. Eastern Time is not necessary to separately intervene ER02–1319–003; ER02–1633–003. on Friday, August 26, 2005. again in a subdocket related to a

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compliance filing if you have previously DEPARTMENT OF ENERGY with the Commission to serve a copy of intervened in the same docket. Protests that document on each person on the will be considered by the Commission Federal Energy Regulatory official service list for the project. in determining the appropriate action to Commission Further, if an intervenor files comments be taken, but will not serve to make [Project No. 2165–022] or documents with the Commission protestants parties to the proceeding. relating to the merits of an issue that Anyone filing a motion to intervene or Alabama Power Company; Notice of may affect the responsibilities of a protest must serve a copy of that Application Tendered for Filing With particular resource agency, they must document on the Applicant. In reference the Commission, and Establishing also serve a copy of the document on that resource agency. to filings initiating a new proceeding, Procedural Schedule for Relicensing Requests for cooperating agency status interventions or protests submitted on and a Deadline for Submission of Final Amendments may be filed electronically via the or before the comment deadline need Internet in lieu of paper. The not be served on persons other and the August 11, 2005. Commission strongly encourages Applicant. Take notice that the following electronic filings. See 18 CFR The Commission encourages hydroelectric application has been filed 385.2001(a)(1)(iii) and the instructions electronic submission of protests and with the Commission and is available on the Commission’s Web site (http:// interventions in lieu of paper, using the for public inspection. www.ferc.gov) under the ‘‘e-Filing’’ link. FERC Online links at http:// a. Type of Application: New Major The Commission strongly encourages License. www.ferc.gov. To facilitate electronic electronic filing. b. Project No.: P–2165–022. l. This application has not been service, persons with Internet access c. Date Filed: July 28, 2005. who will eFile a document and/or be accepted for filing. We are not soliciting d. Applicant: Alabama Power motions to intervene, protests, or final listed as a contact for an intervenor Company. terms and conditions at this time. must create and validate an e. Name of Project: Warrior River m. Description of Project: The eRegistration account using the Hydroelectric Project, which includes proposed Warrior River Project would eRegistration link. Select the eFiling the Lewis Smith and Bankhead consist of two developments. The Lewis link to log on and submit the Developments. Smith and Bulkhead developments intervention or protests. f. Location: The Lewis Smith would operate in peaking mode. The development is located in northwestern Persons unable to file electronically total capacity for all developments is Alabama in the headwaters of the Black 211.05 MW, generating about 463,094 should submit an original and 14 copies Warrior River on the Sipsey Fork in of the intervention or protest to the MWh of energy annually. The project Cullman, Walker, and Winston works would include the following: Federal Energy Regulatory Commission, Counties. The Bankhead development is 888 First St. NE., Washington, DC Lewis Smith Development: The Lewis located in central Alabama downstream Smith development, located on the 20426. of the Lewis Smith development, on the Sipsey Fork of the Black Warrior River, The filings in the above proceedings Black Warrior River in Tuscaloosa consists of: (1) A total of 2,200 feet of are accessible in the Commission’s County. The Lewis Smith development water retaining structures which eLibrary system by clicking on the affects 2691.44 acres of federal lands includes a 300-foot-high earth and rock appropriate link in the above list. They and the Bankhead development affects fill dam, an uncontrolled spillway with are also available for review in the 18.7 acres of Federal lands. fixed crest elevation 522 feet m.s.l., and g. Filed Pursuant to: Federal Power Commission’s Public Reference Room in powerhouse consisting of: (a) A 95-foot- Act 16 U.S.C. 791 (a)–825(r). long uncontrolled spillway, (b) a 350- Washington, DC. There is an h. Applicant Contact: Mr. Jerry L. foot-wide channel which originates at eSubscription link on the web site that Stewart, Senior Vice President and the spillway and discharges into Mill enables subscribers to receive e-mail Senior Production Officer, Alabama creek about 3,000 feet downstream of notification when a document is added Power Company, 600 North 18th Street, the spillway, (c) a concrete intake to a subscribed docket(s). For assistance P.O. Box 2641, Birmingham, AL 35291– located 120 feet upstream of the dam with any FERC Online service, please e- 8180. mail [email protected]. or i. FERC Contact: Janet Hutzel, (202) which provides flows to two 23-foot- diameter, 630-foot-long power tunnels; call (866) 208–3676 (toll free). For TTY, 502–8675 or [email protected]. (2) a 35-mile-long, 21,200-acre reservoir call (202) 502–8659. j. Cooperating agencies: We are asking Federal, State, local, and tribal agencies at normal pool elevation 510 feet m.s.l., Linda Mitry, with jurisdiction and/or special and capacity of 1,390,000 acre-ft at Deputy Secretary. expertise with respect to environmental normal pool elevation 510 feet m.s.l. [FR Doc. E5–4465 Filed 8–16–05; 8:45 am] issues to cooperate with us in the and 1,670,600 acre-feet at spillway crest elevation 522-ft m.s.l; (3) a 193-foot-long BILLING CODE 6717–01–P preparation of the environmental document. Agencies who would like to concrete power house, housing two request cooperating status should follow 111,500 horse power vertical fixed- the instructions for filing such requests blade turbines and generating units, described in item k below. each rated at 78.75 MW, a total rated k. Deadline for request for cooperating capacity of 157.5 MW, maximum agency status: September 26, 2005. hydraulic capacity of 5,700 cfs each, All documents (original and eight and total hydraulic capacity of 11,400 copies) should be filed with: Magalie R. cfs. The estimated generation is 282,864 Salas, Secretary, Federal Energy MWh.; (4) trashracks located at the Regulatory Commission, 888 First turbine intakes with 6-inch bar spacing; Street, NE., Washington, DC 20426. (5) a substation; and (6) other The Commission’s Rules of Practice appurtenances. One 115-kilovolt require all intervenors filing documents transmission line, and two 161-kilovolt

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transmission lines connect substations Issue acceptance letter or deficiency Requests to participate in the meeting to Alabama Power’s transmission letter and request additional may be submitted to the technical system. information, if needed: September 2005. person listed under FOR FURTHER Bankhead Development: The Notice soliciting final terms and INFORMATION CONTACT. Bankhead development is located at the conditions: December 2005. FOR FURTHER INFORMATION CONTACT: For Notice of the availability of the EA: U.S. Army Corps of Engineers (Corps) general information contact: Colby July 2006. Lintner, Regulatory Coordinator, Lock and Dam No. 17 on the Black Ready for Commission’s decision on Environmental Assistance Division Warrior River. The dam, a 1,230-foot- the application: November 2006. long gated spillway, and 78-mile-long Final amendments to the application (7408M), Office of Pollution Prevention reservoir are owned and operated by the must be filed with the Commission no and Toxics, Environmental Protection Corps. The Bankhead development later than 30 days from the issuance Agency, 1200 Pennsylvania Ave., NW., consists of a powerhouse and intake date of the notice of ready for Washington, DC 20460–0001; telephone canal consisting of: (1) A 54-foot-wide environmental analysis. number: (202) 554–1404; e-mail address: by 100-foot-long gated intake canal; (2) [email protected]. a 135-foot-long powerhouse housing one Linda Mitry, For technical information contact: 71,400 horse power vertical propeller Deputy Secretary. John Shoaff, OPPT International Team turbine and generating unit, rated at [FR Doc. E5–4472 Filed 8–16–05; 8:45 am] Leader, Environmental Assistance 53.985 MW, and a maximum hydraulic BILLING CODE 6717–01–P Division (7408M), Office of Pollution capacity of 10,388 cfs. The estimated Prevention and Toxics (OPPT), generation is 180,230 MWh; (3) thirty- Environmental Protection Agency, 1200 five trashracks located at the turbine ENVIRONMENTAL PROTECTION Pennsylvania Ave., NW., Washington, intakes with 6-inch bar spacing; (4) AGENCY DC 20460–0001; telephone number: penstocks; (5) a substation; and (6) other (202) 564–0531; e-mail address: appurtenances. One 115-kilovolt [OPPT–2005–0029; FRL–7732–2] [email protected]. transmission line connects the Third Preparatory Committee Meeting SUPPLEMENTARY INFORMATION: substation to Alabama Power’s on the Strategic Approach to transmission system. International Chemicals Management; I. General Information n. A copy of the application is Notice of Public Meeting A. Does this Action Apply to Me? available for review at the Commission in the Public Reference Room or may be AGENCY: Environmental Protection This action is directed to the public viewed on the Commission’s Web site at Agency (EPA). in general, and may be of particular http://www.ferc.gov using the ACTION: Notice. interest to industry, trade associations, ‘‘eLibrary’’ link. Enter the docket and non-governmental organizations SUMMARY: This notice announces that that deal with and are interested in number excluding the last three digits in EPA and the State Department are the docket number field to access the international chemicals management. If hosting a meeting for stakeholders to you have any questions regarding the document. For assistance, contact FERC inform the development of the U.S. Online Support at applicability of this action to a Government’s viewpoints for the particular entity, consult the technical [email protected] or toll- upcoming 3rd Preparatory Committee free at 1–866–208–3676, or for TTY, person listed under FOR FURTHER (PrepComm 3) meeting on the Strategic INFORMATION CONTACT. (202) 502–8659. A copy is also available Approach to International Chemicals for inspection and reproduction at the Management (SAICM) and a number of B. How Can I Get Copies of this address in item h above. updates to the inter-sessional working Document and Other Related You may also register online at documents. Comments are being sought Information? http://www.ferc.gov/docs-filing/ to help provide guidance to U.S. 1. Docket. EPA has established an esubscription.asp to be notified via e- Government Agencies as to how they official public docket for this action mail of new filings and issuances should work with other countries to under docket identification (ID) number related to this or other pending projects. develop a SAICM that promotes the OPPT–2005–0029. The official public For assistance, contact FERC Online sound management of chemicals while docket consists of the documents Support. facilitating the movement of chemicals specifically referenced in this action, o. Procedural schedule and final and their products across borders any public comments received, and amendments: At this time we do not without compromising human health or other information related to this action. anticipate the need for preparing a draft the environment. There are several Although a part of the official docket, environmental assessment (EA). updates to the inter-sessional working the public docket does not include Recipients will have 60 days to provide documents that will serve as a basis for Confidential Business Information (CBI) the Commission with any written the structural development of a SAICM. or other information whose disclosure is comments on the EA. All comments This meeting will serve as an restricted by statute. The official public filed with the Commission will be opportunity for stakeholders to share docket is the collection of materials that considered in the Order taking final their views on these documents before is available for public viewing at the action on the license applications. they are finalized at the third and final EPA Docket Center, Rm. B102-Reading However, should substantive comments session of the PrepComm on SAICM in Room, EPA West, 1301 Constitution requiring re-analysis be received on the the third week of September 2005. Ave., NW., Washington, DC. The EPA EA document, we would consider DATES: The meeting will be held on Docket Center is open from 8:30 a.m. to preparing a subsequent EA document. Wednesday, August 31, 2005, from 1 to 4:30 p.m., Monday through Friday, The application will be processed 3 p.m. excluding legal holidays. The EPA according to the following Hydro ADDRESSES: The meeting will be held at Docket Center Reading Room telephone Licensing Schedule. Revisions to the 1201 Constitution Ave., NW., Rm. 1153, number is (202) 566–1744, and the schedule will be made as appropriate. EPA East (1st Floor), Washington, DC. telephone number for the OPPT Docket,

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which is located in EPA Docket Center, ENVIRONMENTAL PROTECTION I. General Information is (202) 566–0280. AGENCY A. Does this Action Apply to Me? 2. Electronic access. You may access [OPP–2005–0061; FRL–7733–3] This action is directed to the public this Federal Register document in general, and may be of interest to a electronically through the EPA Internet Azinphos-methyl; Notice of Receipt of wide range of stakeholders including under the ‘‘Federal Register’’ listings at Requests to Voluntarily Amend to environmental, human health, and http://www.epa.gov/fedrgstr/. Terminate Uses of Certain Pesticide agricultural advocates; the chemical An electronic version of the public Registrations industry; pesticide users; and members docket is available through EPA’s of the public interested in the sale, AGENCY: Environmental Protection electronic public docket and comment distribution, or use of pesticides. Since Agency (EPA). system, EPA Dockets. You may use EPA others also may be interested, the Dockets at http://www.epa.gov/edocket/ ACTION: Notice. Agency has not attempted to describe all to submit or view public comments, the specific entities that may be affected SUMMARY: In accordance with section by this action. If you have any questions access the index listing of the contents 6(f)(1) of the Federal Insecticide, of the official public docket, and to regarding the applicability of this action Fungicide, and Rodenticide Act to a particular entity, consult the person access those documents in the public (FIFRA), as amended, EPA is issuing a listed under FOR FURTHER INFORMATION docket that are available electronically. notice of receipt of requests by CONTACT. Although not all docket materials may registrants to amend their registrations be available electronically, you may still to terminate certain uses of end-use B. How Can I Get Copies of this access any of the publicly available products containing the pesticide Document and Other Related docket materials through the docket azinphos-methyl. The requests would Information? facility identified in Unit I.B.1. Once in terminate azinphos-methyl use in or on 1. Docket. EPA has established an the system, select ‘‘search,’’ then key in caneberries, cotton, cranberries, official public docket for this action the appropriate docket ID number. peaches/nectarines, potatoes, and under docket ID number OPP–2005– Southern pine seed orchards. EPA 0061. The official public docket consists II. Background intends to grant these requests at the of the documents specifically referenced An agenda will be available 2 weeks close of the comment period for this in this action, any public comments prior to the meeting. Inter-sessional notice unless, based on substantive received, and other information related comments received during the comment working documents are available at to this action. Although a part of the period or other relevant information, the official docket, the public docket does http://www.chem.unep.ch/saicm/ Agency determines that the requests not include Confidential Business meeting/intsession/default.htm. For merit further review. Upon granting Information (CBI) or other information general and background information on these requests, any sale, distribution, or whose disclosure is restricted by statute. SAICM, see http://www.chem.unep.ch/ use of products listed in this notice will The official public docket is the saicm/default.htm. The meeting is open be permitted only if such sale, collection of materials that is available to the public. distribution, or use is consistent with for public viewing at the Public III. How Can I Request to Participate in the terms as described in the final order. Information and Records Integrity this Meeting? A companion notice, announcing the Branch (PIRIB), Rm. 119, Crystal Mall order to amend registrations of #2, 1801 S. Bell St., Arlington, VA. This You may submit a request to azinphos-methyl manufacturing-use docket facility is open from 8:30 a.m. to participate in this meeting to the products to terminate these same uses, 4 p.m., Monday through Friday, technical person listed under FOR is published elsewhere in this Federal excluding legal holidays. The docket FURTHER INFORMATION CONTACT. Do not Register. The existing stocks provision telephone number is (703) 305–5805. submit any information in your request proposed in this notice for end-use 2. Electronic access. You may access that is considered CBI. products reflects and is compatible with this Federal Register document the modified schedule for terminating electronically through the EPA Internet List of Subjects uses on the manufacturing-use products. under the ‘‘Federal Register’’ listings at DATES: Comments must be received on http://www.epa.gov/fedrgstr/. Environmental protection, Chemicals, or before September 16, 2005. An electronic version of the public Hazardous materials transportation, docket is available through EPA’s ADDRESSES: Comments, identified by electronic public docket and comment Hazardous substances, Public health, docket identification (ID) number OPP– system, EPA Dockets. You may use EPA Safety. 2005–0061, may be submitted Dockets at http://www.epa.gov/edocket/ electronically, by mail, or through hand Dated: August 11, 2005. to submit or view public comments, delivery/courier. Follow the detailed access the index listing of the contents Wendy C. Hamnett, instructions as provided in Unit I. of the of the official public docket, and to Acting Director, Office of Pollution Prevention SUPPLEMENTARY INFORMATION. and Toxics. access those documents in the public FOR FURTHER INFORMATION CONTACT: docket that are available electronically. [FR Doc. 05–16299 Filed 8–16–05; 8:45 am] Diane Isbell, Special Review and Once in the system, select ‘‘search,’’ BILLING CODE 6560–50–S Reregistration Division (7508C), Office then key in the appropriate docket ID of Pesticide Programs, Environmental number. Protection Agency, 1200 Pennsylvania Certain types of information will not Ave., NW., Washington, DC 20460– be placed in the EPA Dockets. 0001; telephone number: (703) 308– Information claimed as CBI and other 8154; fax number: (703) 308–8041; e- information whose disclosure is mail address: [email protected]. restricted by statute, which is not SUPPLEMENTARY INFORMATION: included in the official public docket,

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will not be available for public viewing consider these late comments. If you identified in Unit I.C.2. These electronic in EPA’s electronic public docket. EPA’s wish to submit CBI or information that submissions will be accepted in policy is that copyrighted material will is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do the use of special characters and any docket but will be available only in not use EPA Dockets or e-mail to submit form of encryption. printed, paper form in the official public CBI or information protected by statute. 2. By mail. Send your comments to: docket. To the extent feasible, publicly 1. Electronically. If you submit an Public Information and Records available docket materials will be made electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office available in EPA’s electronic public unit, EPA recommends that you include of Pesticide Programs (OPP), docket. When a document is selected your name, mailing address, and an e- Environmental Protection Agency, 1200 from the index list in EPA Dockets, the mail address or other contact Pennsylvania Ave., NW., Washington, system will identify whether the information in the body of your DC 20460–0001, Attention: Docket ID document is available for viewing in comment. Also include this contact Number OPP–2005–0061. EPA’s electronic public docket. information on the outside of any disk 3. By hand delivery or courier. Deliver Although not all docket materials may or CD ROM you submit, and in any your comments to: Public Information be available electronically, you may still cover letter accompanying the disk or and Records Integrity Branch (PIRIB), access any of the publicly available CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), docket materials through the docket identified as the submitter of the Environmental Protection Agency, Rm. facility identified in Unit I.B.1. EPA comment and allows EPA to contact you 119, Crystal Mall #2, 1801 S. Bell St., intends to work towards providing in case EPA cannot read your comment Arlington, VA, Attention: Docket ID electronic access to all of the publicly due to technical difficulties or needs Number OPP–2005–0061. Such available docket materials through further information on the substance of deliveries are only accepted during the EPA’s electronic public docket. your comment. EPA’s policy is that EPA docket’s normal hours of operation as For public commenters, it is will not edit your comment, and any identified in Unit I.B.1. important to note that EPA’s policy is identifying or contact information that public comments, whether provided in the body of a comment will D. How Should I Submit CBI to the submitted electronically or in paper, be included as part of the comment that Agency? will be made available for public is placed in the official public docket, Do not submit information that you viewing in EPA’s electronic public and made available in EPA’s electronic consider to be CBI electronically docket as EPA receives them and public docket. If EPA cannot read your through EPA’s electronic public docket without change, unless the comment comment due to technical difficulties or by e-mail. You may claim contains copyrighted material, CBI, or and cannot contact you for clarification, information that you submit to EPA as other information whose disclosure is EPA may not be able to consider your CBI by marking any part or all of that restricted by statute. When EPA comment. information as CBI (if you submit CBI identifies a comment containing i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside copyrighted material, EPA will provide electronic public docket to submit of the disk or CD ROM as CBI and then a reference to that material in the comments to EPA electronically is identify electronically within the disk or version of the comment that is placed in EPA’s preferred method for receiving CD ROM the specific information that is EPA’s electronic public docket. The comments. Go directly to EPA Dockets CBI). Information so marked will not be entire printed comment, including the at http://www.epa.gov/edocket/, and disclosed except in accordance with copyrighted material, will be available follow the online instructions for procedures set forth in 40 CFR part 2. in the public docket. submitting comments. Once in the In addition to one complete version of Public comments submitted on system, select ‘‘search,’’ and then key in the comment that includes any computer disks that are mailed or docket ID number OPP–2005–0061. The information claimed as CBI, a copy of delivered to the docket will be system is an ‘‘anonymous access’’ the comment that does not contain the transferred to EPA’s electronic public system, which means EPA will not information claimed as CBI must be docket. Public comments that are know your identity, e-mail address, or submitted for inclusion in the public mailed or delivered to the docket will be other contact information unless you docket and EPA’s electronic public scanned and placed in EPA’s electronic provide it in the body of your comment. docket. If you submit the copy that does public docket. Where practical, physical ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, objects will be photographed, and the e-mail to [email protected], mark the outside of the disk or CD ROM photograph will be placed in EPA’s Attention: Docket ID Number OPP– clearly that it does not contain CBI. electronic public docket along with a 2005–0061. In contrast to EPA’s Information not marked as CBI will be brief description written by the docket electronic public docket, EPA’s e-mail included in the public docket and EPA’s staff. system is not an ‘‘anonymous access’’ electronic public docket without prior system. If you send an e-mail comment notice. If you have any questions about C. How and to Whom Do I Submit directly to the docket without going Comments? CBI or the procedures for claiming CBI, through EPA’s electronic public docket, please consult the person listed under You may submit comments EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. electronically, by mail, or through hand captures your e-mail address. E-mail delivery/courier. To ensure proper addresses that are automatically E. What Should I Consider as I Prepare receipt by EPA, identify the appropriate captured by EPA’s e-mail system are My Comments for EPA? docket ID number in the subject line on included as part of the comment that is You may find the following the first page of your comment. Please placed in the official public docket, and suggestions helpful for preparing your ensure that your comments are made available in EPA’s electronic comments: submitted within the specified comment public docket. 1. Explain your views as clearly as period. Comments received after the iii. Disk or CD ROM. You may submit possible. close of the comment period will be comments on a disk or CD ROM that 2. Describe any assumptions that you marked ‘‘late.’’ EPA is not required to you mail to the mailing address used.

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3. Provide any technical information including reductions in the rate and In letters dated May 5, 2005, May 27, and/or data you used that support your frequency of applications and 2005, May 31, 2005, and June 16, 2005, views. precautionary labeling to reduce risks. Bayer CropScience, Gowan Company, 4. If you estimate potential burden or Despite these mitigation measures, and Makhteshim Chemical Works, and costs, explain how you arrived at your calculated risks to workers and the Microflo Company requested that EPA estimate. environment from azinphos-methyl use amend the affected registrations to 5. Provide specific examples to still indicated potential concerns. The terminate Group 2 uses of azinphos- illustrate your concerns. technical registrants of azinphos-methyl methyl end-use products identified in 6. Offer alternatives. entered into a Memorandum of Tables 1 and 2 of Unit III. 7. Make sure to submit your Agreement (MOA) with EPA that was III. What Action is the Agency Taking? comments by the comment period signed on May 23, 2002. The MOA deadline identified. implemented the IRED decision by 8. To ensure proper receipt by EPA, In accordance with the 2002 MOA dividing the universe of azinphos- identify the appropriate docket ID and section 6(f) of FIFRA, this notice methyl uses into three groups. Group 1 number in the subject line on the first announces receipt by EPA of requests contained 23 crops with little usage that page of your response. It would also be from registrants to amend to terminate were deleted immediately. Group 2 helpful if you provided the name, date, uses of azinphos-methyl end-use consists of the 7 uses that are the subject and Federal Register citation related to product registrations. The affected of this notice: Caneberries, cotton, your comments. products and the registrants making the cranberries, peaches/nectarines, requests are identified in Tables 1 and II. Background on the Receipt of potatoes, and Southern pine seed 2 of this unit. Requests to Amend Registrations to orchards which were to be phased-out Under section 6(f)(1)(A) of FIFRA, Terminate Uses by December 31, 2005. Group 3 is registrants may request, at any time, that This notice announces receipt by EPA comprised of 10 uses which have time- their pesticide registrations be canceled of requests from registrants Bayer limited registrations pending the or amended to terminate one or more CropScience, Gowan Company, submission and evaluation of pesticide uses. Section 6(f)(1)(B) of Makhteshim Chemical Works, and biomonitoring, product efficacy, and FIFRA requires that before acting on a Microflo Company to amend azinphos- other data. Group 3 includes: Almonds; request for voluntary cancellation, EPA methyl end-use product labels to apples; blueberries, lowbush and must provide a 30–day public comment terminate use on caneberries, cotton, highbush; brussel sprouts; cherries, period on the request for use cranberries, peaches/nectarines, sweet and tart; crab apples; nursery termination. In addition, section potatoes, and Southern pine seed stock; parsley; pears; pistachios; and 6(f)(1)(C) of FIFRA requires that EPA orchards from the registrations listed in walnuts. provide a 180–day comment period on Table 1. of Unit III. EPA published in the Federal a request for voluntary cancellation or Azinphos-methyl is an Register issue of February 28, 2005 (70 termination of any minor agricultural organophosphate insecticide first FR 9644) (FRL–7702–5) a notice that use before granting the request, unless: registered in 1959, and is used in announced the receipt of requests to 1. The registrants request a waiver of agriculture on berries, nuts, orchard terminate use of azinphos-methyl on the the comment period, or fruits, and other crops. The Interim Group 2 crops listed in this unit on Reregistration Eligibility Decision manufacturing-use products. EPA 2. The Administrator determines that (IRED) for azinphos-methyl was issued received comments and requests to continued use of the pesticide would in October 2001. The notice of extend these uses from the U.S. pose an unreasonable adverse effect on availability of the interim risk Department of Agriculture (USDA), the environment. management decision documents was Ohio Farm Bureau, researchers, and The azinphos-methyl registrants have published in the Federal Register issue commodity groups. EPA has evaluated requested that EPA waive the 180–day of November 28, 2001 (66 FR 59419) these requests along with other comment period. EPA will provide a (FRL–6813–9). During the development comments received in response to the 30–day comment period on the of the IRED, EPA evaluated the risks and February 28, 2005 notice. The order to proposed requests. Thereafter, following benefits associated with azinphos- amend manufacturing-use product the public comment period, the methyl use, considered all relevant risk registrations to terminate Group 2 uses Administrator may approve such a mitigation options and implemented a is published elsewhere in this Federal request. An order will be issued variety of mitigation measures, Register. amending the affected registrations.

TABLE 1.—AZINPHOS-METHYL PRODUCT REGISTRATIONS WITH PENDING REQUESTS FOR AMENDMENT

Registration No. Product name Company

264–733 Guithion Solupak 50% Bayer Cropscience Wettable Powder Insecticide

10163–78 Gowan Azinphos-M 50 WSB Gowan Company 10163–138 Gowan Azinphos-M 35 WP 10163–139 Gowan Azinphos-M 35 WSB 10163–180 Gowan Azinphos 50 PVA

66222–11 Cotnion-Methyl Makhteshim Chemical Works Azinphos-methyl 50W

51036–164 Azinphos-methyl 50W Microflo Company

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Table 2 of this unit includes the registrants of the products listed in names and addresses of record for the Table 1 of this unit.

TABLE 2.—REGISTRANTS REQUESTING AMENDMENTS

EPA Company No. Company name and address

264 Bayer Cropscience 2 T.W. Alexander Dr. Research Triangle Park, NC 27709

10163 Gowan Company P.O. Box 5569 Yuma, AZ 85366–5569

66222 Makhteshim Chemical Works 4515 Falls of Neuse Rd., Suite 300 Raleigh, NC 27609

51036 Microflo Company 530 Oak Court Dr. Memphis, TN 38117

IV. What is the Agency’s Authority for MOA, will also be extended to March terminate certain uses, voluntarily Taking this Action? 31, 2006. EPA is proposing September requested by the registrants and Section 6(f)(1) of FIFRA provides that 30, 2006, as a stop use date for existing accepted by the Agency, of a registrant of a pesticide product may stocks of these end-use products to manufacturing-use products containing at any time request that any of its avoid difficulties and confusion to the pesticide azinphos-methyl, pursuant pesticide registrations be canceled or growers that could result from a mid- to section 6(f)(1) of the Federal amended to terminate one or more uses. use-season existing stocks date. The Insecticide, Fungicide, and Rodenticide FIFRA further provides that, before existing stocks dates proposed in this Act (FIFRA), as amended. This order acting on the request, EPA must publish notice for end-use products are follows a February 28, 2005 Federal a notice of receipt of any such request compatible with those established for Register Notice of Receipt of Requests in the Federal Register. Thereafter, the corresponding manufacturing-use (70 FR 9644) (FRL–7702–5) from the following the public comment period, products in the order to amend azinphos-methyl registrants Bayer the Administrator may approve such a manufacturing-use registrations CropScience, Gowan Company, and request. published elsewhere in this Federal Makhteshim Chemical Works to amend Register. manufacturing-use product labels to V. Provisions for Disposition of Existing If the request for use termination is terminate caneberries, cotton, Stocks granted, the Agency intends to publish cranberries, peaches/nectarines, Existing stocks are those stocks of the cancellation order in the Federal potatoes, and Southern pine seed registered pesticide products which are Register. orchard uses. These are not the last currently in the United States and azinphos-methyl products registered for which were packaged, labeled, and List of Subjects use in the United States. released for shipment prior to the Environmental protection, Pesticides In the February 28, 2005 notice, EPA effective date of the cancellation action. and pests. indicated that it would issue an order In any order issued in response to implementing the amendments to these requests for amendments to Dated: August 11, 2005. terminate uses, unless the Agency terminate uses, the Agency proposes to Debra Edwards, received substantive comments within include the following provisions for the Director, Special Review and Reregistration the 30-day comment period that would treatment of any existing stocks of the Division, Office of Pesticide Programs. merit its further review of these azinphos-methyl end-use products [FR Doc. 05–16295 Filed 8–16–05; 8:45 am] requests. The Agency received several identified in Table 1 of Unit III: The substantive comments on the notice. BILLING CODE 6560–50–S distribution or sale of these products is These comments have been reviewed permitted until March 31, 2006. The use and taken into consideration in the of existing stocks of these products in ENVIRONMENTAL PROTECTION Agency’s decision to proceed with this the United States is permitted until AGENCY termination order, but modify the September 30, 2006. previously proposed existing stocks Section III.B.3. of the 2002 MOA [OPP–2005–0061; FRL–7733–2] provision. EPA’s decision is discussed provides for extension of sale and in Unit III. of this notice. Accordingly, Azinphos-methyl; Order to Amend distribution of existing stocks of end-use EPA hereby issues in this notice an Registrations to Terminate Certain products by an equal period of time if order to amend the subject registrations Uses EPA issues the termination order after to terminate uses. Any distribution, sale, August 31, 2005. EPA will not be AGENCY: Environmental Protection or use of the azinphos-methyl issuing the order by August 31, 2005, Agency (EPA). manufacturing-use products subject to but proposes to issue any such order on ACTION: Notice. this order is permitted only in or before March 31, 2006. As a result, accordance with the terms of this order, distribution or sale of existing stocks of SUMMARY: This notice announces the including any existing stocks provisions end-use products, pursuant to the 2002 order to amend registrations to in Unit VI.

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A companion notice, announcing the 2. Electronic access. You may access TABLE 2.—REGISTRANTS OF AMENDED receipt of requests to voluntarily this Federal Register document AZINPHOS-METHYL PRODUCTS terminate these same uses of azinphos- electronically through the EPA Internet methyl end-use products, is being under the ‘‘Federal Register’’ listings at EPA Company Company Name and published elsewhere in today’s Federal http://www.epa.gov/fedrgstr/. No. Address Register. The proposed existing stocks An electronic version of the public provision for the end-use products 264 Bayer CropScience 2 docket is available through EPA’s T.W. Alexander reflects and is compatible with the Drive Research Tri- modified existing stocks provision for electronic public docket and comment system, EPA Dockets. You may use EPA angle Park, North the manufacturing-use products. Carolina 27709 DATES: The cancellations are effective Dockets at http://www.epa.gov/edocket/ August 17, 2005. to view public comments, access the 10163 Gowan Company P.O. index listing of the contents of the FOR FURTHER INFORMATION CONTACT: Box 5569 Yuma, Ari- zona 85366–5569 Diane Isbell, Special Review and official public docket, and to access those documents in the public docket Reregistration Division (7508C), Office 11678 Makhteshim Chemical of Pesticide Programs, Environmental that are available electronically. Works 4515 Falls of Protection Agency, 1200 Pennsylvania Although not all docket materials may Neuse Road, Suite Ave., NW., Washington, DC 20460– be available electronically, you may still 300 Raleigh, North 0001; telephone number: (703) 308– access any of the publicly available Carolina 27609 8154; fax number: (703) 308–8041; e- docket materials through the docket mail address: [email protected]. facility identified in Unit I.B.1. Once in III. Summary of Public Comments SUPPLEMENTARY INFORMATION: the system, select ‘‘search,’’ then key in Received and Agency Response to the appropriate docket ID number. Comments I. General Information II. What Action is the Agency Taking? EPA issued the Interim Reregistration A. Does this Action Apply to Me? Eligibility Decision (IRED) for azinphos- This action is directed to the public This order amends registrations to methyl in October 2001. In May of 2002, in general, and may be of interest to a terminate certain uses (caneberries, the technical registrants of azinphos- wide range of stakeholders including cotton, cranberries, peaches/nectarines, methyl signed a Memorandum of environmental, human health, and potatoes, and Southern pine seed Agreement implementing the provisions agricultural advocates; the chemical orchards), as requested by the of the IRED by dividing the universe of industry; pesticide users; and members registrants, of azinphos-methyl azinphos-methyl uses into three groups. of the public interested in the sale, manufacturing-use products registered Group 1 contained 23 crops with little distribution, or use of pesticides. Since under section 3 of FIFRA. These use that were deleted from product others also may be interested, the registrations are listed in sequence by labels immediately. Group 2 consists of the seven uses that are the subject of Agency has not attempted to describe all registration number in Table 1. of this this order, and were originally the specific entities that may be affected unit. by this action. If you have any questions scheduled to be phased out in regarding the applicability of this action December, 2005. Group 3 is comprised TABLE 1.—AZINPHOS-METHYL PROD- to a particular entity, consult the person of 10 uses which have time-limited UCT REGISTRATION AMENDMENTS TO listed under FOR FURTHER INFORMATION registrations pending the submission CONTACT. TERMINATE USES and evaluation of biomonitoring, product efficacy, and other data. B. How Can I Get Copies of this Registration Product Company For the azinphos-methyl Group 2 Document and Other Related No. Name crops, the Agency received comments Information? 264–722 Guthion Bayer and requests to extend these uses from 1. Docket. EPA has established an Technical CropScie- the United States Department of official public docket for this action Insecticide nce Agriculture (USDA), the Ohio Farm under docket identification (ID) number Bureau, researchers, and commodity OPP–2005–0061. The official public 10163–95 Azinphos- Gowan groups on the following azinphos- docket consists of the documents methyl Company methyl uses: Caneberries, cotton, specifically referenced in this action, Technical cranberries, peaches/nectarines, any public comments received, and potatoes, and Southern pine seed other information related to this action. 11678–53 Cotnion- Makhteshim orchards. A comment was received from Although a part of the official docket, Methyl Chemical the Natural Resources Defense Council Works the public docket does not include opposing any extension of use on these Confidential Business Information (CBI) crops. The requests and EPA’s responses or other information whose disclosure is Table 2. of this unit includes the are summarized in this unit. The restricted by statute. The official public names and addresses of record for all original comments and the supporting docket is the collection of materials that registrants of the products in Table 1. of documents for this order can be found is available for public viewing at the this unit, in sequence by EPA company in the electronic docket for azinphos- Public Information and Records number. methyl at http://www.epa.gov/edocket/. Integrity Branch (PIRIB), Rm. 119, For caneberries, the Oregon Raspberry Crystal Mall #2, 1801 S. Bell St., and Blackberry Commission and the Arlington, VA. This docket facility is Ohio Farm Bureau have requested that open from 8:30 a.m. to 4 p.m., Monday EPA eliminate or extend the December through Friday, excluding legal 2005 phase-out of azinphos-methyl use holidays. The docket telephone number on caneberries. The request is based on is (703) 305–5805. the need to control the raspberry crown

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borer in blackberries and raspberries. azinphos-methyl use on cranberries and the Mid-Atlantic region. A request to Currently, diazinon is the only concluded that the pest situation retain the azinphos-methyl potato use alternative for controlling this pest. remains the same as was considered in has also been received from the However, there is concern among EPA’s 2001 analysis. There are several Washington State Potato Commission. blackberry growers in Oregon that other active ingredients, including The request is based on the need to resistance to diazinon by the raspberry acephate, carbaryl, chlorpyrifos, control the Colorado potato beetle (CPB) crown borer may occur. They also diazinon, phosmet, methoxyfenozide, and a new pest in the northwest, the emphasized that diazinon application is and tebufenozide, registered to control tuber moth. The CPB is an insect with only allowed once per growing season the cranberry fruitworm. Therefore, the longstanding pest status in the regions due to restrictions stemming from the Agency finds insufficient justification mentioned. EPA evaluated CPB in 2001 Diazinon IRED. They further stated that for extending azinphos-methyl use on and found several effective alternative if azinphos-methyl is removed, growers cranberries. insecticides available. Therefore, the who face both the raspberry crown borer EPA, however, acknowledges the Agency focused on the tuber moth for and another sporadic pest of current limitations on the use of assessing the need for continued use of caneberries, the raspberry fruitworm, methoxyfenozide in Wisconsin due to azinphos-methyl on potatoes. may need to dedicate the single concerns for the endangered Karner The pest spectrum has changed since application of diazinon for fruitworm Blue butterfly. The Agency is working 2001, with the introduction of the control. They claim that in such a with stakeholders to better understand potato tuber moth into the Pacific situation growers would have no the range and habitat of the butterfly in Northwest. However, the Agency finds alternative for the crown borer. relation to cranberry bogs and develop that effective controls other than The Agency’s review found that reasonable, crop-specific measures to azinphos-methyl, including azinphos-methyl is currently rotated protect this species. methamidaphos, methomyl and with diazinon to reduce the likelihood For peaches, the Northwest esfenvalerate, are available. Further, of resistance in the raspberry crown Horticultural Council and researchers usage data indicate that use of azinphos- borer. EPA believes that resistance is from the University of Georgia and methyl on potatoes in recent years has unlikely since the applications are only Rutgers University have requested that been minimal. made every other year, due to the life- EPA eliminate the phase-out of The USDA submitted a request to cycle of this pest. Moreover, carbaryl azinphos-methyl use on peaches. The extend the use of azinphos-methyl on and spinosad are both labeled for use request is based on the need to control Southern pine seed orchards on behalf against the fruitworm, and the presence the peach twig borer in the northwest of the Seed Orchard Pest Management of these alternatives should allow and lesser peach tree borer (LPTB) in Subcommittee of the Southern Forest growers to use diazinon in place of the southeast, and the Oriental fruit Tree Improvement Committee. The azinphos-methyl for crown borer moth and San Jose scale in the request is for use of azinphos-methyl control. No new pest pressures have northeast. It is claimed that the LPTB against coneworms and seedbugs, a developed since EPA’s evaluation of has emerged as a pest since phosmet complex of moth and ‘‘true bug’’ species this use in 2001. Therefore, EPA finds replaced methyl parathion in the that attack flowers and seeds. The pest insufficient justification for extending treatment regimen. The other pests spectrum has not changed since azinphos-methyl use on caneberries. listed were evaluated in 2001, and are azinphos-methyl was evaluated in 2001. For cotton, the USDA/Animal and insects with longstanding pest status in Synthetic pyrethroids are an Plant Health Inspection Service (APHIS) the regions mentioned. Therefore, the alternative, although increase reliance submitted a late request that the Agency focused on the LPTB for on use may increase other pest azinphos-methyl use be expanded from assessing the need for continued use of populations or foster resistance the currently labeled use only in azinphos-methyl on peaches. development in the target pests. Missouri and Texas to allow use in The LPTB was once an insect that was However, pyrethroids are effective Alabama, Florida, Georgia, Mississippi, only seen in older or diseased trees. control agents for the short term. In North Carolina, South Carolina, This pest has begun attacking addition, there are other promising Tennessee, and Virginia. The USDA/ productive limbs of younger trees alternatives, including indoxacarb, APHIS requested that ground during the growing season as well as thiamethoxam, and tebufenozide, that, if applications of azinphos-methyl be overwintering under tree bark. The registered for these uses, would pose made only in response to detections of increased infestation of the LPTB is a less risks to workers and the isolated boll weevil reinfestations in newly reemerging problem which makes environment. Therefore, the Agency cotton for use only in conjunction with it difficult for crop experts to accurately finds insufficient justification for the USDA Cooperative Boll Weevil determine the extent of the southeastern extending azinphos-methyl use on Eradication Program. peach acreage that is affected. It is also Southern pine seed orchards. This request is beyond the scope of not clear whether azinphos-methyl is For these reasons, the Agency does the current action. Use of azinphos- the only effective option to control these not believe that the comments methyl in additional states would, in infestations. EPA acknowledges the submitted during the comment period effect, constitute a new and extended potential for loss due to the LPTB, merit any substantial extension of use that would need to be evaluated however has no evidence to confirm azinphos-methyl use or denial of the separately, through the registration that azinphos-methyl is the best choice requests for voluntary use termination. process. Therefore, EPA is not extending for controlling this pest. Therefore, the However, section III.A.2. of the 2002 the azinphos-methyl use on cotton. Agency finds insufficient justification Memorandum of Agreement allows for The Cranberry Institute has requested for extending azinphos-methyl use on extension of sale and distribution of an extension of the phase-out of peaches/nectarines. existing stocks of manufacturer use azinphos-methyl use on cranberries in For potatoes, the National Potato products (MUPs) by an equal period of Wisconsin for 2–3 years. The request is Council has requested that EPA allow time if EPA issues the termination order based on the need for controlling the the continued use of azinphos-methyl after March 31, 2005. Thus, the Agency cranberry fruitworm. The Agency has on potatoes in the Pacific Northwest and will be extending the existing stocks for completed an evaluation of the expand the use to include Colorado and four and a half months and will be

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including use in that extension as well Dated: August 11, 2005. B. How Can I Get Copies of this as sale and distribution. The Agency Debra Edwards, Document and Other Related intends to propose extending the use of Director, Special Review and Reregistration Information? existing stocks of end-use products Division, Office of Pesticide Programs. through the end of the growing/ 1. Docket. EPA has established an [FR Doc. 05–16296 Filed 8–16–05; 8:45 am] application season, that being official public docket for this action September 30, 2006. BILLING CODE 6560–50–S under docket identification (ID) number OPP–2005–0222. The official public IV. Use Termination Order docket consists of the documents ENVIRONMENTAL PROTECTION Pursuant to FIFRA section 6(f), EPA specifically referenced in this action, AGENCY hereby approves the requested any public comments received, and cancellations and amendments to other information related to this action. terminate uses of azinphos-methyl [OPP–2005–0222; FRL–7730–1] Although a part of the official docket, registrations identified in Table 1. of the public docket does not include Unit II. Accordingly, the Agency orders Notice of Receipt of Requests to Confidential Business Information (CBI) that the azinphos-methyl product Voluntarily Cancel Certain Pesticide or other information whose disclosure is registrations identified in Table 1. of Registrations restricted by statute. The official public Unit II. are hereby amended to terminate docket is the collection of materials that AGENCY: Environmental Protection the affected uses. Any distribution, sale, Agency (EPA). is available for public viewing at the or use of existing stocks of the products Public Information and Records identified in Table 1. of Unit II. in a ACTION: Notice. Integrity Branch (PIRIB), Rm. 119, manner inconsistent with any of the Crystal Mall #2, 1801 S. Bell St., Provisions for Disposition of Existing SUMMARY: In accordance with section Arlington, VA. This docket facility is Stocks set forth in Unit VI. will be 6(f)(1) of the Federal Insecticide, open from 8:30 a.m. to 4 p.m., Monday considered a violation of FIFRA. Fungicide, and Rodenticide Act through Friday, excluding legal (FIFRA), as amended, EPA is issuing a V. What is the Agency’s Authority for holidays. The docket telephone number notice of receipt of request by registrants is (703) 305–5805. Taking this Action? to voluntarily cancel certain pesticide Section 6(f)(1) of FIFRA provides that registrations. 2. Electronic access. You may access a registrant of a pesticide product may this Federal Register document at any time request that any of its DATES: Unless a request is withdrawn by electronically through the EPA Internet pesticide registrations be canceled or February 13, 2006, orders will be issued under the ‘‘Federal Register’’ listings at amended to terminate one or more uses. canceling these registrations. The http://www.epa.gov/fedrgstr/. FIFRA further provides that, before Agency will consider withdrawal An electronic version of the public acting on the request, EPA must publish requests postmarked no later than docket is available through EPA’s a notice of receipt of any such request February 16, 2006. electronic public docket and comment in the Federal Register. Thereafter, FOR FURTHER INFORMATION CONTACT: John system, EPA Dockets. You may use EPA following the public comment period, Jamula, Information Technology and Dockets at http://www.epa.gov/edocket/ the Administrator may approve such a Resource Management Division (7502C), to submit or view public comments, request. Office of Pesticide Programs, access the index listing of the contents VI. Provisions for Disposition of Environmental Protection Agency, 1200 of the official public docket, and to Existing Stocks Pennsylvania Ave., NW., Washington, access those documents in the public DC 20460–0001; telephone number: docket that are available electronically. Existing stocks are those stocks of (703) 305-6426; e-mail Although not all docket materials may registered pesticide products which are address:[email protected]. be available electronically, you may still currently in the United States and access any of the publicly available which were packaged, labeled, and SUPPLEMENTARY INFORMATION: docket materials through the docket released for shipment prior to the I. General Information facility identified in Unit I.B.1. Once in effective date of the cancellation or use the system, select ‘‘search,’’ then key in termination action. The use termination A. Does this Action Apply to Me? the appropriate docket ID number. order issued in this notice includes the following existing stocks provisions. This action is directed to the public II. What Action is the Agency Taking? As of the effective date of this order, in general. Although this action may be existing stocks of the products listed in of particular interest to persons who This notice announces receipt by the Table 1. of Unit II., will be permitted to produce or use pesticides, the Agency Agency of applications from registrants be sold, distributed, or used until has not attempted to describe all the to cancel 234 pesticide products January 31, 2006. specific entities that may be affected by registered under section 3 or 24(c) of this action. If you have any questions FIFRA. These registrations are listed in List of Subjects regarding the information in this notice, sequence by registration number (or Environmental protection, Pesticides consult the person listed under FOR company number and 24(c) number) in and pests. FURTHER INFORMATION CONTACT. Table 1 of this unit:

TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION

Registration no. Product Name Chemical Name

000004–00123 Mosquito Beater Butoxypolypropylene glycol

Naphthalene

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration no. Product Name Chemical Name

000004–00403 Bonide Rabbit Scat Ziram

000070–00126 Kill-Ko Thiodan 4 Dust Endosulfan

000070–00142 Kill-Ko Thiodan Emulsifiable Insecticide Endosulfan

000070–00166 Kill-Ko 5% Sevin Vegetable Dust for Garden Carbaryl Insects

000070–00244 Rigo 5% Sevin Bait Carbaryl

000070–00285 Rigo’s Best Sevin Brand Carbaryl Insecticide Carbaryl

000192–00070 Dexol Sevin 5% Garden Dust Carbaryl

000192–00074 Dexol Systemic Granules Insecticide Disulfoton

000192–00119 Systemic House Plant Insecticide Disulfoton

000192–00126 Dexol Systemic Granules Insect Control Disulfoton

000192–00164 Dexol Systemic Rose & Flower Care 10-10-10 Disulfoton

000192–00174 Dexol Sevin Liquid Insect Killer Carbaryl

000228–00249 Riverdale Tomato & Potato Dust or Spray Sulfuric acid, copper(2+) salt, basic

Carbaryl

000228–00251 Riverdale 5% Sevin Dust Insecticide Carbaryl

000239–01513 Ortho Sevin 10 Dust Carbaryl

000241–00321 Scepter O.T. Herbicide Benzoic acid, 5-(2-chloro-4-(trifluoromethyl)phenoxy)-2-nitro-, sodium salt

3-Quinolinecarboxylic acid, 2-(4,5-dihydro-4-methyl-4-(1-methylethyl)- 5-oxo-1H-imidazol-2-yl

000264–00312 Sevin Carbaryl 10% Bait Insecticide Carbaryl

000264–00314 Sevin Brand 50w Carbaryl Insecticide Carbaryl

000264–00320 Sevin 5% Bait Carbaryl Insecticide Carbaryl

000264–00321 Sevimol Carbaryl Insecticide Carbaryl

000264–00422 Sevin Brand 4-Oil ULV Carbaryl Insecticide Carbaryl

000264–00427 Sevin Brand 4-Oil 41A Carbaryl Insecticide Carbaryl

000264–00676 Tattoo C Chlorothalonil

Propamocarb hydrochloride

000264–00945 Gustafson Flo-Pro IMZ Flowable Imazalil

000264 CO–02–0009 Gustafson Flo-Pro IMZ Flowable Imazalil

000264 ID–98–0014 Gustafson Flo-Pro IMZ Flowable Imazalil

000264 OR–04–0019 Admire 2 Flowable Imidacloprid

000264 OR–85–0020 Sencor DF 75% Dry Flowable Herbicide Metribuzin

000264 WA–85–0036 Di-Syston 15% Granular Systemic Insecticide Disulfoton

000270–00344 Adams Flea and Tick Dust II Carbaryl

Piperonyl butoxide

Pyrethrins

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration no. Product Name Chemical Name

Silica gel

000270–00361 Mycodex Pet Shampoo with Carbaryl Carbaryl

000279 CA–86–0035 Thiodan 3 E.C. Endosulfan

000279 CA–90–0031 Thiodan 3 E.C. Endosulfan

000279 MT–03–0002 Thiodan 3 EC Insecticide Endosulfan

000279 MT–03–0003 Thionex 50W Insecticide Endosulfan

000279 NC–00–0004 Thiodan 3 EC Insecticide Endosulfan

000352 TX–94–0008 Dupont Velpar Herbicide Hexazinone

000432–01335 Tempo 2 E Cyfluthrin

000432 AZ–04–0004 Topchoice Fipronil

000524–00520 Mon 78095 Herbicide Glyphosate-isopropylammonium

Oxyfluorfen

000538–00146 Scotts Pro Grow Ornamental Herbicide I Oxadiazon

000538–00147 Scotts Pro Grow Ornamental Herbicide III Oxadiazon

000538–00253 All Purpose Plant Disease Control Thiophanate-methyl

000655 HI–90–0007 Prentox Diazinon AG500 Diazinon

000707 OR–02–0002 Dithane DF Agricultural Fungicide Gas cartRidge (as a device for burrowing animal control)

Mancozeb

000769–00559 Royal Guard 5% Sevin Carbaryl

000769–00573 Sevin Spray Carbaryl

000769–00612 R & M Garden and Kennel Dust 10% Carbaryl

000769–00613 R & M Flea and Tick Powder #5 Carbaryl

Piperonyl butoxide

Pyrethrins

000769–00614 R & M Flea and Tick Powder #2 Carbaryl

Piperonyl butoxide

Pyrethrins

000769–00642 Smcp Flea Scat Carbaryl

000769–00647 Smcp Sevin 5% Dust Carbaryl

000769–00648 Smcp Sevin Insecticide Spray Carbaryl

000769–00665 Smcp Sevin 10% Dust Carbaryl

000769–00674 Smcp Industrial Roach & Ant Spray Propoxur

000769–00689 Smcp Diazinon AG500 Diazinon

000769–00728 Sevin Brand Carbaryl Insecticide 5% Turf In- Carbaryl secticide

000769–00729 Smcp Sevin 5% Bait Crop Insecticide Carbaryl

000769–00730 SMCP Sevin 5% Bait Pelletized Insecticide Carbaryl

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration no. Product Name Chemical Name

000769–00761 B-Gone Industrial & Household Residual In- Propoxur secticide

000769–00792 Superior B Gone Propoxur

000769–00817 Propoxur 2% Bait Insecticide Propoxur

000769–00834 Miller Sevin 50% Wettable Powder Carbaryl

000769–00835 Miller 1.75% Sevin Dust Carbaryl

000769–00841 Miller Diazinon Ag Insecticide Diazinon

000769–00865 Liquid 2 Sevin Brand Carbaryl Insecticide Carbaryl Home & Garden

000769–00868 Pratt 50% Sevin Carbaryl Wettable Powder Carbaryl

000769–00883 L2 Sevin Brand Carbaryl Insecticide Home Carbaryl and Garden

000769–00906 Science 5% Sevin Dust Carbaryl

000769–00908 Rose Flower & Shrub Systemic Insecticide Disulfoton Granules

000769–00917 Science Household Insect Bomb Propoxur

000769–00919 Science Sevin Liquid Carbaryl

000769–00920 Science Sevin 50W Carbaryl

000769–00929 Wasp + Hornet Jet Spray Propoxur

4,7-Methano-1H-isoindole-1,3(2H)-dione, 2-(2-ethylhexyl)-3a,4,7,7a- tetrahydro-

Piperonyl butoxide

Pyrethrins

000769–00935 Wasp and Hornet I Propoxur

Piperonyl butoxide

Pyrethrins

000769–00954 Diazinon 50WP Diazinon

000769–00970 3.5% Sevin Brand Carbaryl Insecticide Insect Carbaryl Granules

000769–00977 Carbaryl Insecticide Spray RTU Carbaryl

000802–00351 Miller’s Slug, Snail and Insect Killer Bait Metaldehyde

Carbaryl

000829–00131 Sa-50 Brand Sevin 1.75% Dust Carbaryl

000829–00182 Sa-50 Brand Bait Pellets Kill Land Snails & Metaldehyde Slugs

Carbaryl

000829–00262 SA-50 Brand Diazinon AG500 Insecticide Diazinon

000869–00118 Green Light Sevin 5% Dust Carbaryl

000869–00119 Green Light Bug & Snail Bait Metaldehyde

Carbaryl

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration no. Product Name Chemical Name

000869–00180 Green Light 10% Sevin Dust Carbaryl

000909–00083 Cooke Slug-N-Snail Granules Metaldehyde

Carbaryl

001327–00035 Fulex Thiodan Insecticidal Smoke Endosulfan

001386–00338 Thiodan Emulsifiable Concentrate Endosulfan

001386–00599 Unico Diazinon 4 EC (ag) Diazinon

001677–00156 Lubri-Klenz Plus N-(coco alkyl)trimethylenediamine

Alkyl* dimethyl benzyl ammonium chloride *(50%C14, 40%C12, 10%C16)

001812–00411 Du Pont Linuron Flake Technical Linuron

001812 OR–01–0030 Direx 80DF Diuron

001812 OR–02–0019 Equus DF Chlorothalonil

001812 WA–02–0009 Equus DF Chlorothalonil

001812 WA–99–0034 Direx 80DF Diuron

002935–00193 Sevin 5 Dust Carbaryl

002935–00320 Sevin 10 Dust Carbaryl

002935–00440 Nu-Zone 10ME Imazalil

004581 ID–00–0012 Penncap-M Microencapsulated Insecticide Methyl parathion

004581 WA–00–0012 Penncap-M Microencapsulated Insecticide Methyl parathion

004581 WA–98–0029 Desicate II Endothall, mono(N,N,-dimethyl alkyl amine) salt

004758–00007 Holiday Kennel Dust Carbaryl

004758–00032 Holiday Flea & Tick Stop for Dogs and Cats Butoxypolypropylene glycol

Carbaryl

Piperonyl butoxide

Pyrethrins

004758–00034 Holiday Tick Stop Butoxypolypropylene glycol

Carbaryl

Piperonyl butoxide

Pyrethrins

004822–00312 Bolt Inspection Size Insect Fogger 4,7-Methano-1H-isoindole-1,3(2H)-dione, 2-(2-ethylhexyl)-3a,4,7,7a- tetrahydro-

Piperonyl butoxide

Pyrethrins

005389–00012 Lancer Liquid Sanitizer Phosphoric acid

Benzenesulfonic acid, C10-16-alkyl derivs.

005481–00133 Duragon 25% Wettable Powder Systemic In- Dimethoate secticide

005481–00278 Thiodan 50% Wettable Powder Insecticide Endosulfan

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration no. Product Name Chemical Name

005481–00296 Thiodan Miscible Insecticide Endosulfan

005481–00316 Sevin 5 Thiodan 1.5 Dust Insecticide Carbaryl

Endosulfan

005481 AZ–99–0001 Dibrom 8 Emulsive Naled

005481 TX–90–0010 PCNB 2-E Liquid Emulsifiable Concentrate PCNB

005481 TX–92–0024 PCNB 75% Wettable Powder Soil Fungicide PCNB

005887–00061 Black Leaf Systemic Insecticide Plus Food 8- Disulfoton 12-4

005887–00065 Black Leaf Giant Roach Traps Kills Roaches Propoxur

005887–00076 Black Leaf Roach and Ant Killer Propoxur

4,7-Methano-1H-isoindole-1,3(2H)-dione, 2-(2-ethylhexyl)-3a,4,7,7a- tetrahydro-

Piperonyl butoxide

Pyrethrins

005887–00086 Sevin 50% Wettable Powder Carbaryl

005887–00102 Black Leaf Liquid Flowable 2 Lb. Sevin Carbaryl

005887–00170 Black Leaf Snailicide Metaldehyde

Carbaryl

005905–00169 Helena Brand 10% Sevin Granules Carbaryl

005905–00180 Helena Brand 15% Sevin Granules Carbaryl

006836–00092 Hyamine 2389 - 50% Methyldodecylbenzyl trimethyl ammonium chloride 80% and methyldodecylxylylene bis(trimethyl

006973–00010 Soilserv Sevin Metaldehyde Bait Metaldehyde

Carbaryl

007173 OR–84–0048 Rozol Paraffinized Pellets Chlorophacinone

007401–00004 Ferti Lome Rose Food containing Systemic In- Disulfoton secticide

007401–00026 Ferti-Lome Systemic Insecticide Granules Disulfoton

007401–00213 Hi-Yield Diazinon Ag 500 Diazinon

007401–00235 Ferti-Lome Azalea Evergreen Food Disulfoton

007401–00316 Hi-Yield Thiodan Garden Dust Endosulfan

007401–00317 Ferti-Lome Garden Bug Killer Endosulfan

007401–00323 Hi-Yield Di-Syston Systemic Insecticide Gran- Disulfoton ules

007501 OK–92–0003 Tops 90 Thiophanate-methyl

007501 OR–90–0027 Vitavax Flowable Fungicide Carboxin

007969–00077 Galaxy Herbicide 3-Isopropyl-1H-2,1,3-benzothiadiazin-4(3H)-one-2,2-dioxide, sodium salt

Benzoic acid, 5-(2-chloro-4-(trifluoromethyl)phenoxy)-2-nitro-, sodium salt

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration no. Product Name Chemical Name

007969–00080 Blazer 2S Herbicide Benzoic acid, 5-(2-chloro-4-(trifluoromethyl)phenoxy)-2-nitro-, sodium salt

007969–00146 Guardsman Herbicide Atrazine

Dimethenamid

007969–00168 Conclude Ultra Herbicide 3-Isopropyl-1H-2,1,3-benzothiadiazin-4(3H)-one-2,2-dioxide, sodium salt

Benzoic acid, 5-(2-chloro-4-(trifluoromethyl)phenoxy)-2-nitro-, sodium salt

Sethoxydim

007969–00179 Conclude Xact 3-Isopropyl-1H-2,1,3-benzothiadiazin-4(3H)-one-2,2-dioxide, sodium salt

Benzoic acid, 5-(2-chloro-4-(trifluoromethyl)phenoxy)-2-nitro-, sodium salt

Sethoxydim

007969 OR–03–0011 Cabrio EG Fungicide Pyraclostrobin

007969 WA–03–0021 Cabrio EG Fungicide Pyraclostrobin

008278–00003 Metro Tested All Purpose Bug Bait Metaldehyde

Carbaryl

008660–00021 Sta-Green Carbaryl Lawn Insect Control Carbaryl

008660–00028 Vertagreen Lawn Food 10-5-5 with Sevin In- Carbaryl secticide

008660–00060 50% Sevin Wettable Powder Carbaryl

008660–00070 Vertagreen Carbaryl Liquid Concentrate Carbaryl

008660–00072 Vertagreen 5% Sevin Dust Carbaryl

008660–00111 Grasshopper and Cutworm Bait 5% Sevin Carbaryl

008660–00133 Carbaryl 11.7 Liquid Flowable Carbaryl

008660–00188 Insecticide Granules Formula C Carbaryl

008660–00234 Vigoro 5% Sevin Dust Carbaryl

008660–00241 Vigoro Sevin Brand Carbaryl Insecticide 10 & Carbaryl Dust

009198–00211 Fungo 50 Systemic Turf Fungicide Thiophanate-methyl

009444–00098 Purge Wasp &Hornet Jet Freeze Carbaryl

Piperonyl butoxide

Pyrethrins

009444–00190 Wasp & Hornet Jet Freeze I Carbaryl

Piperonyl butoxide

Pyrethrins

009779–00074 Riverside 5% Sevin Carbaryl

009779–00081 Riverside 10% Sevin Carbaryl

009779–00260 Riverside Carbaryl 4l Carbaryl

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration no. Product Name Chemical Name

009779–00294 Carbaryl 90 DF Carbaryl

009779–00330 Asgrow Thirethrin 2 45045 Piperonyl butoxide

Pyrethrins

Endosulfan

010163–00098 Gowan Endosulfan 50W Endosulfan

010163–00100 Gowan Diazinon 4E Diazinon

010163–00104 Gowan Diazinon 14G Diazinon

010163–00110 Gowan Endosulfan 3EC Endosulfan

010163–00116 Gowan Diazinon 5G Diazinon

010163–00130 Gowan Endosulfan 50 WSB Endosulfan

010163–00138 Gowan Azinphos M 35 WP Azinphos-Methyl

010163–00139 Gowan Azinphos-M 35WSB Azinphos-Methyl

010163–00149 Gibberellic Acid 4% Gibberellic acid

010163–00180 Gowan Azinphos 50 PVA Azinphos-Methyl

010163–00223 Gowan Endosulfan Technical Endosulfan

010163–00234 Dicofol Dust Dicofol

010163–00247 Flutolanil Technical Flutolanil

010163–00261 Gowan Dicofol 3-Sulfur 60 Dust Dicofol

Sulfur

010163–00263 Gowan Diazinon AG Technical Diazinon

010163 AZ–93–0012 Gowan Endosulfan 3 EC Endosulfan

010163 CA–96–0001 Gowan Diazinon 4E Diazinon

010163 ID–02–0002 Gowan Diazinon 4E Diazinon

010163 ID–97–0006 Gowan Endosulfan 3EC Endosulfan

010163 NV–04–0002 Gowan Diazinon 4E Diazinon

010163 NV–93–0004 Gowan Endosulfan 3EC Endosulfan

010163 OR–02–0004 Gowan Diazinon 4E Diazinon

010163 OR–94–0053 Metasystox-R Spray Concentrate Oxydemeton-methyl

010163 OR–99–0051 Gowan Endosulfan 3EC Endosulfan

010163 WA–02–0001 Gowan Diazinon 4E Diazinon

010163 WA–98–0015 Gowan Endosulfan 3EC Endosulfan

010163 WA–99–0025 Gowan Endosulfan 3EC Endosulfan

010163 WA–99–0032 Gowan Endosulfan 3EC Endosulfan

010404–00052 Lesco Pre-M 60 DG Herbicide Pendimethalin

010404–00074 Lesco Pre-M 60 WP Pendimethalin

010404–00097 Superstar Plus Mini Fertilizer Oxadiazon

Dithiopyr

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration no. Product Name Chemical Name

011474–00070 Sys-Sect Disulfoton

011656–00020 Coastox Meta Carbaryl 2-4 Snail Pellets Metaldehyde

Carbaryl

011715–00020 Speer Bird Spray 4,7-Methano-1H-isoindole-1,3(2H)-dione, 2-(2-ethylhexyl)-3a,4,7,7a- tetrahydro-

Piperonyl butoxide

Propylene glycol

Pyrethrins

Triethylene glycol

011715–00207 Sudbury Gypsy Moth Spray Carbaryl

011715–00209 Japanese Beetle Spray Carbaryl

011715–00210 Lure’em II Fly Attractant (Z)-9-Tricosene

011715–00214 Attractant Fly Stick (Z)-9-Tricosene

011715–00229 Sevin Liquid Concentrate Insect Spray Carbaryl

011715–00250 Elite Extra Strength Flea & Tick Powder II Carbaryl

Piperonyl butoxide

Pyrethrins

Silica gel

011715–00255 Elite Flea and Tick Powder #5 Carbaryl

Piperonyl butoxide

Pyrethrins

011715–00292 Security Brand Big 10 Dust Carbaryl

011715–00294 Security Brand 5% Sevin Garden Dust Carbaryl

011715–00346 Security Brand Sevin Spray Carbaryl

019713–00006 Drexel Atrazine 80 Herbicide Atrazine

019713–00093 Drexel Ziram 4L Ziram

019713–00131 Drexel Carbaryl 4 Oil Carbaryl

019713–00145 Drexel D-264 Plus Captan Seed Protectant Diazinon

Captan

019713–00270 Ida Inc. Ziram 4L Ziram

019713–00322 Seis-Tres 6-3 Methyl parathion

Parathion

019713–00323 Drexel Parathion 8 Parathion

019713–00324 Ida Seis-Tres 6-3 Methyl parathion

Parathion

019713–00325 Drexel Parathion 4 EC. Parathion

019713–00494 Drexel Carbaryl 5% Bait Carbaryl

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration no. Product Name Chemical Name

019713 ID–98–0002 Drexel Endosulfan 3EC Endosulfan

019713 OR–97–0004 Drexel Dimethoate 4EC Dimethoate

019713 WA–96–0017 Drexel Dimethoate 2.67 Dimethoate

019713 WA–96–0031 Drexel Dimethoate 2.67 Dimethoate

019713 WA–97–0005 Drexel Dimethoate 2.67 Dimethoate

019713 WA–97–0006 Drexel Dimethoate 4EC Dimethoate

019713 WA–98–0009 Drexel Diuron 4L Herbicide Diuron

019713 WA–98–0017 Drexel Endosulfan 3EC Endosulfan

028293–00006 Unicorn Flea & Tick Powder for Cats & Dogs Carbaryl

028293–00008 Unicorn Sevin Dog Dip Carbaryl

028293–00010 Unicorn Flea & Tick Powder #4 Carbaryl

Piperonyl butoxide

Pyrethrins

028293–00018 Unicorn Flea & Tick Powder #2 Carbaryl

028293–00222 Unicorn Carbaryl Insecticide Carbaryl

028293–00233 Unicorn 6.3% Granular Carbaryl Insecticide Carbaryl

028293–00235 Unicorn Carbaryl Insecticide 5% Bait Carbaryl

028293–00237 Unicorn Sevin Brand Carbaryl Insecticide 5% Carbaryl Dust

028293–00289 Unicorn IGR Pet Spray Bioallethrin

2,5-Pyridinedicarboxylic acid, dipropyl ester

4,7-Methano-1H-isoindole-1,3(2H)-dione, 2-(2-ethylhexyl)-3a,4,7,7a- tetrahydro-

Piperonyl butoxide

Permethrin

Pyriproxyfen

034704–00023 Clean Crop Sevin 5 Bait Carbaryl

034704–00041 Clean Crop Diazinon Ag500 Insecticide Diazinon

034704–00230 Diazinon G-14 Diazinon

034704–00231 Diazinon 500-Ag Diazinon

034704–00350 Sevin 50 Wettable Powder Carbaryl

034704–00373 Sevin 5 Granular Carbaryl

034704–00435 Clean Crop Diazinon 50wp Insecticide Diazinon

034704–00471 Ziram 76W Ziram

034704–00483 Carbaryl Bait Carbaryl

034704–00493 Diazinon 5 Granules Diazinon

034704–00619 Carbaryl 80 WDG Carbaryl

034704–00818 Methyl Parathion 5E Methyl parathion

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration no. Product Name Chemical Name

034704–00819 Methyl Parathion 4E Methyl parathion

034704 HI–92–0006 Diazinon 500-AG Diazinon

034704 HI–96–0009 Sevin 50 Wettable Powder Carbaryl

034704 ID–02–0029 Diazinon 500-AG Diazinon

034704 MA–97–0001 Diazinon G-14 Diazinon

034704 NJ–97–0001 Diazinon G-14 Diazinon

034704 OR–92–0019 Clean Crop Diuron 80 WDG Weed Killer Diuron

034704 OR–94–0029 Clean Crop Diuron 80 WDG Weed Killer Diuron

034704 OR–97–0002 Diazinon G-14 Diazinon

034704 VT–92–0001 Diazinon 500-AG Diazinon

034704 WA–02–0007 Diazinon 500-AG Diazinon

034704 WA–97–0001 Diazinon G-14 Diazinon

034704 WA–98–0011 Simazine 90 Water Dispersible Granular Her- Simazine bicide

034704 WI–01–0001 Diazinon G-14 Diazinon

034704 WI–98–0003 Diazinon G-14 Diazinon

042057–00039 Morgro Pest Meal Metaldehyde

Carbaryl

042057–00051 Morgro Rose Food Plus Systemic Disulfoton

046515–00036 K Gro Sevin Brand Liquid Carbaryl

047000–00106 Hopkins Sevin Carbaryl Bait Carbaryl

047000–00109 Prozap Garden Dust Carbaryl

047000–00116 Sevin Brand 10% Carbaryl Insecticide Gran- Carbaryl ules

047000–00117 Sevin Brand 5% Carbaryl Insecticide Bait Carbaryl

047000–00118 Sevin Brand 10% Carbaryl Insecticide Beetle Carbaryl Bait Granul

047000–00119 Prozap 5% Carbaryl Insecticide Bait Granules Carbaryl

048273–00011 Atrazine 4l Herbicide Atrazine

049585–00004 Sevin Brand Carbaryl Insecticide Garden Dust Carbaryl

049585–00024 Sevin Plus Multi-Purpose Garden Dust Carbaryl

Piperonyl butoxide

Pyrethrins

Sulfur

049585–00026 K Gro Sevin Brand Carbaryl Insecticide 10 Carbaryl Dust Formula

049784–00003 Ritter’s Tick & Flea Powder for Dogs & Cats Carbaryl

051036–00013 Carbaryl 10% Dust Carbaryl

051036–00048 Carbaryl 5% Dust Carbaryl

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration no. Product Name Chemical Name

051036–00061 Carbait 5 Carbaryl

051036–00066 Carbaryl 4 Flowable Carbaryl

051036–00071 Diazinon AG 500 Diazinon

051036–00108 Diazinon 50W Diazinon

051036–00123 Carbaryl 2 Flowable Carbaryl

051036–00151 Carbaryl Sprayable Carbaryl

051036–00158 Micro Flo Atrazine 4FL Atrazine

051036–00185 Slam Carbaryl

051036–00204 Adios AG Indole

Cinnamaldehyde

1,2,4-Trimethoxybenzene

Carbaryl

051036–00210 Adios RTU Carbaryl

051036–00227 Adios Beetle Bait Indole

Cinnamaldehyde

1,2,4-Trimethoxybenzene

Carbaryl

051036–00286 Carbait 10% Carbaryl

051036–00321 Methyl Parathion Methyl parathion

051036 DE–02–0001 Diazinon 50W Diazinon

051036 ID–02–0007 Diazinon 50W Diazinon

051036 TX–01–0012 Diazinon 50W Diazinon

053883–00041 Martin’s 10% Sevin Dust Carbaryl

053883–00042 Martin’s 5% Sevin Dust Carbaryl

053883–00043 M Martin’s Lice Killer contains Sevin Carbaryl

053883–00108 Methoprene 0.2% G Methoprene

053883–00109 Methoprene 2.1% Briquet Methoprene

053883–00110 Methoprene 1.5 G Methoprene

053883–00112 Methoprene 20% Concentrate Benzene, 1-(8-methoxy-4,8-dimethyl(nonyl)-4-(1-methylethyl)-

053883–00155 T-Methyl 85 WDG Thiophanate-methyl

053883–00156 T-Methyl 4.5 Thiophanate-methyl

053883–00176 Sta-Green 10-0-30 Fertilizer + Ronstar Oxadiazon

053883–00177 Vertagreen Fertilizer with Ronstar Oxadiazon

056984 CA–80–0157 Diaznon 2 Dust Diazinon

059639–00052 Valent Sevin Bait (pelleted) Carbaryl

059639–00060 Sevin Bait (fine) Carbaryl

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration no. Product Name Chemical Name

059639 OR–97–0007 Orthene 75 WSP (insecticide In A Water Solu- Acephate ble Bag)

059639 SD–02–0001 Valor WDG Herbicide Flumioxazin

059639 SD–03–0003 Gangster V Herbicide Flumioxazin

059639 WA–96–0025 Orthene 75 WSP (insecticide In A Water Solu- Acephate ble Bag)

059905–00008 Flea X-1 Boron sodium oxide (B8Na2O13), tetrahydrate (12280-03-4)

060255 CA–96–0016 Diazinon AG 500 Insecticide Diazinon

062719–00324 Glypro Glyphosate-isopropylammonium

062719 CA–94–0001 Lorsban 50W Insecticide In Water Soluble Chlorpyrifos Packets

062719 OR–00–0028 Goal 2XL Herbicide Oxyfluorfen

062719 OR–01–0017 Nu-Flow M Seed Treatment Fungicide Myclobutanil

062719 OR–83–0013 Kerb 50-W Herbicide (in Water Soluble Propyzamide Pouches)

062719 OR–90–0004 Kerb 50W Herbicide Propyzamide

062719 OR–95–0030 Eagle Gas cartRidge (as a device for burrowing animal control)

062719 OR–95–0031 Treflan H.F.P Trifluralin

062719 OR–96–0036 Goal (r) 2XL Herbicide Oxyfluorfen

062719 WA–03–0005 Lorsban 50W Insecticide In Water Soluble Chlorpyrifos Packets

062719 WA–96–0033 Goal (r) 2XL Herbicide Oxyfluorfen

062719 WA–97–0013 Goal (r) 2XL Herbicide Oxyfluorfen

062719 WA–99–0035 Goal (r) 2XL Herbicide Oxyfluorfen

066222–00061 Thiodan Wsb Insecticide Endosulfan

066222 WI–03–0002 Thiodan 3 EC Insecticide Endosulfan

067517–00031 General Carbaryl-5 Insecticide Carbaryl

067760 ID–99–0025 Cheminova Methyl Parathion 4 EC Methyl parathion

067760 OR–99–0058 Cheminova Methyl Parathion 4 EC Methyl parathion

067760 WA–00–0004 Cheminova Methyl Parathion 4 EC Methyl parathion

071368–00027 Nufarm Koril + Atrazine Bromoxynil octanoate

Atrazine

071711 CA–04–0016 Courier Insect Growth Regulator Buprofezin

071949–00010 Sevin 5% Dust Carbaryl

071949–00011 Sevin 10 Dust Carbaryl

071949–00012 Ford’s 5% Sevin Bait Carbaryl

073049–00153 Bioresmethrin Technical Bioresmethrin

073049–00238 Wasp & Hornet Concentrate #1 Carbaryl

Piperonyl butoxide

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TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION—Continued

Registration no. Product Name Chemical Name

Pyrethrins

073049–00266 Niagara Tetramethrin Nia 18739 Pressurized Tetramethrin Insect Killer

Bioresmethrin

073049–00267 Tetramethrin 25.00 Nia 18739 6.00 Wb Con- Tetramethrin centrate

Bioresmethrin

073049–00268 Tetramethrin 2.50 Nia 18739 0.60 Dwb Con- Tetramethrin centrate

Bioresmethrin

073049–00292 Bioresmethrin Technical II Bioresmethrin

Unless a request is withdrawn by the TABLE 2.—REGISTRANTS REQUESTING TABLE 2.—REGISTRANTS REQUESTING registrant within 180 days of VOLUNTARY CANCELLATION—Con- VOLUNTARY CANCELLATION—Con- publication of this notice, orders will be tinued tinued issued canceling all of these registrations. Users of these pesticides EPA Com- EPA Com- Company Name and Address Company Name and Address or anyone else desiring the retention of pany no. pany no. a registration should contact the 000270 Farnam Companies Inc., PO Box 000802 Central Garden & Pet d/b/a Lilly applicable registrant directly during this 34820, Phoen, AZ 85067. Miller Brands/Excel Garden, 180-day period. Prod/cooke Lab Prod/chas H Table 2 of this unit includes the 000279 FMC Corp. Agricultural Products Lilly Co/garden Grow Co, Po names and addresses of record for all Group, 1735 Market St., Box 2289, Clackam, OR 97015. registrants of the products in Table 1 of Philadelph, PA 19103. this unit, in sequence by EPA company 000352 E.I. Du Pont De Nemours & Co., 000829 Southern Agricultural Insecti- number: Inc., Dupont Crop Protection cides, Inc., PO Box 218, (S300/427), PO Box 30, Newa, Palmet, FL 34220. TABLE 2.—REGISTRANTS REQUESTING DE 197140030. VOLUNTARY CANCELLATION 000869 Green Light Co., PO Box 17985, 000432 Bayer Environmental Science, A San Anton, TX 78217. Business Group of Bayer EPA Com- 000909 Central Garden & Pet d/b/a Lilly pany no. Company Name and Address Cropscience LP, 2 T. W. Alex- ander Drive, Research Triangle Miller Brands/Excel Garden, Prod/cooke Lab Prod/chas H 000004 Bonide Products,Inc., 6301 Sutliff Pa, NC 27709. Lilly Co/Garden Grow Co, Po Rd., Oriska, NY 13424. 000524 Monsanto Co, Agent For: Mon- Box 2289, Clackam, OR 97015. 000070 Value Gardens Supply, LlC, d/b/a santo Co., 1300 I Street, Nw, Garden Value Supply, PO Box Suite 450 E., Washingt, DC 001327 Fuller System, Inc., PO Box 585, Saint Jose, MO 64502. 20005. 3053, Wobu, MA 01888. 000538 Scotts Co., The, 14111 000192 Value Gardens Supply, LlC, d/b/a 001386 Universal Cooperatives Inc., Value Gardens Supply, Po Box Scottslawn Rd, Marysvil, OH 43041. 1300 Corporate Center Curve, 585, Saint Jose, MO 64502. Eag, MN 55121. 000228 Nufarm Americas Inc., 1333 Burr 000655 Prentiss Inc., C.B. 2000, Floral Pa, NY 110012000. 001677 Ecolab Inc., 370 Wabasha St. Ridge Parkway, Suite 125A, Ecolab Center, St Pa, MN Burr Rid, IL 605270866. 000707 Rohm & Haas Co, Attn: James 55102. V. Hagan, 100 Independence 000239 The Ortho Business Group, d/b/a 001812 Dupont Crop Protection/Stine- The Scotts Co., Po Box 190, Mall W., Philadelph, PA 191062399. Haskell Research Center, Marysvil, OH 43040. Agent For: Griffin L.l.C., PO Box 30, Newa, DE 197140030. 000241 BASF Corp., PO Box 13528, Re- 000769 Value Gardens Supply, LlC, d/b/a search Triangle Pa, NC Value Garden Supply, Po Box 585, Saint Jose, MO 64502. 002935 Wilbur Ellis Co., PO Box 1286, 277093528. Fres, CA 93715.

000264 Bayer Cropscience LP, 2 T.W. 004581 Cerexagri, Inc., 630 Freedom Alexander Drive, Research Tri- Business Center, Suite 402, angle Pa, NC 27709. King Of Pruss, PA 19406.

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TABLE 2.—REGISTRANTS REQUESTING TABLE 2.—REGISTRANTS REQUESTING TABLE 2.—REGISTRANTS REQUESTING VOLUNTARY CANCELLATION—Con- VOLUNTARY CANCELLATION—Con- VOLUNTARY CANCELLATION—Con- tinued tinued tinued

EPA Com- EPA Com- EPA Com- Company Name and Address pany no. Company Name and Address pany no. Company Name and Address pany no.

004758 Pet Chemicals, PO Box 18993, 010163 Gowan Co, PO Box 5569, Yu, 059639 Valent U.S.A. Corp., PO Box Memph, TN 381810993. AZ 853665569. 8025, Walnut Cre, CA 94596.

004822 S.C. Johnson & Son Inc., 1525 010404 Lesco Inc., 1301 E. 9th Street, 059905 Perma-Chink Systems Inc., Howe Street, Raci, WI 53403. Suite 1300, Clevela, OH 17635 N.E. 67th Ct., Redmo, 441141849. WA 98052. 005389 Ecolab Inc., Agent For: Kay Chemical Co., 370 N. 011474 Sungro Chemicals, Inc., PO Box 060255 California Dept of Food & Agri- Wabasha Street, St. Pa, MN 24632, Los Angel, CA 90024. culture, Office of Pesticide 55102. Consultation & Analysis, 1220 011656 Western Farm Service, Inc., Attn: N Street, Sacramen, CA 005481 Amvac Chemical Corp., Attn: Jon Dunya Haproff-Fondse, PO 95814. C. Wood, 4695 Macarthur Ct., Box 1168, Fres, CA Suite 1250, Newport Bea, CA 937151168. 062719 Dow Agrosciences LLC, 9330 926601706. Zionsville Rd 308/2e225, 011715 Speer Products Inc., 4242 B.F. Indianapol, IN 462681054. 005887 Value Gardens Supply, LlC, d/b/a Goodrich Blvd., Memph, TN Value Garden Supply, PO Box 381810993. 066222 Makhteshim-Agan of North Amer- 585, Saint Jose, MO 64502. ica Inc., 4515 Falls of Neuse 019713 Drexel Chemical Co, PO Box Rd Ste 300, Ralei, NC 27609. 005905 Helena Chemical Co, 225 Schil- 13327, Memph, TN 067517 PM Resources Inc., 13001 St. ling Blvd., Suite 300, Colliervil, 381130327. Charles Rock Rd, Bridget, MO TN 38017. 63044. 028293 Unicorn Laboratories, 12385 006836 Lonza Inc., 90 Boroline Rd., Automobile Blvd., Clearwat, FL 067760 Cheminova Inc., 1700 Route 23 - Allenda, NJ 07401. 33762. Ste 300, Way, NJ 07470.

006973 Soilserv Inc., PO Box 1286, Fres, 034704 Loveland Products, Inc., PO Box 071368 Nufarm, Inc., 1333 Burr Ridge CA 93715. 1286, Greel, CO 80632. Parkway, Suite 125A, Burr Rid, IL 60527. 007173 Liphatech, Inc., 3600 W. Elm 042057 Morgro Chemical Co, 145 W. Street, Milwauk, WI 53209. Central Ave, Salt Lake Ci, UT 071711 Nichino America, Inc., 4550 New 84107. Linden Hill Rd., Suite 501, 007401 Brazos Associates, Inc., Agent Wilmingt, DE 19808. For: Voluntary Purchasing 046515 Celex, Division of United Indus- Group Inc., 1806 Auburn Drive, tries Corp., PO Box 142642, St 071949 OMS Investments, Inc., c/o Dela- Carrollt, TX 750071451. Lou, MO 631140642. ware Corporate Management, 1105 N. Market Street, 007501 Gustafson LlC, PO Box 660065, 047000 Steven E. Rogosheske, Agent Wilmingt, DE 19899. Dall, TX 75266. For: Chem-Tech Ltd., 1479 W Pond Rd, Eag, MN 55122. 073049 Valent Biosciences Corp., 870 007969 BASF Corp., Agricultural Prod- Technology Way, Suite 100, ucts, PO Box 13528, Research 048273 Nufarm Co., Agent For: Marman Libertyvil, IL 600486316. Triangle Pa, NC 277093528. USA Inc., 1333 Burr Ridge ι Parkway 125A, Burr Rid, IL III. What is the Agency’s Authority for 008278 Robinson Associates, Agent For: 60527. Metro Biological Laboratory, Taking this Action? 583 Canyon Rd, Redwood Ci, 049585 Alljack, Division of United Indus- Section 6(f)(1) of FIFRA provides that CA 94062. tries Corp., PO Box 142642, St a registrant of a pesticide product may Lou, MO 631140642. at any time request that any of its 008660 Sylorr Plant Corp., PO Box pesticide registrations be canceled. 142642, St. Lou, MO 049784 Research Laboratories, Inc., PO 631140642. Box 801854, Houst, TX FIFRA further provides that, before 772801854. acting on the request, EPA must publish 009198 The Andersons Lawn Fertilizer a notice of receipt of any such request Division, Inc., dba/ Free Flow 051036 Micro-Flo Co. LLC, 530 Oak Ct. in the Federal Register. Thereafter, the Fertilizer, Po Box 119, Maum, Drive, Memph, TN 38117. Administrator may approve such a OH 43537. request. 053883 Control Solutions, Inc., 5903 009444 Waterbury Companies Inc., PO Genoa-Red Bluff, Pasade, TX IV. Procedures for Withdrawal of Box 640, Independen, LA 775071041. Request 70443. Registrants who choose to withdraw a 056984 California Dept of Health Serv- 009779 D. O’Shaughnessy Consulting ices, DCDC/Vector-Borne Dis- request for cancellation must submit Inc., Agent For: Agriliance, LlC, ease Sect/MS 7307, PO Box such withdrawal in writing to the 21 Birch Parkway, Spar, NJ 997413, Sacramen, CA person listed under FOR FURTHER 07871. 958997413. INFORMATION CONTACT, postmarked before February 13, 2006. This written

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withdrawal of the request for ENVIRONMENTAL PROTECTION this action to a particular entity, consult cancellation will apply only to the AGENCY the person listed under FOR FURTHER applicable FIFRA section 6(f)(1) request INFORMATION CONTACT. listed in this notice. If the product(s) [OPP–2005–0234; FRL–7732–1] B. How Can I Get Copies of this have been subject to a previous Pyriproxyfen; Notice of Filing a Document and Other Related cancellation action, the effective date of Pesticide Petition to Establish a Information? cancellation and all other provisions of Tolerance for a Certain Pesticide 1. Docket. EPA has established an any earlier cancellation action are Chemical in or on Food controlling. The withdrawal request official public docket for this action must also include a commitment to pay AGENCY: Environmental Protection under docket ID number OPP–2005– any reregistration fees due, and to fulfill Agency (EPA). 0234. The official public docket consists any applicable unsatisfied data ACTION: Notice. of the documents specifically referenced requirements. in this action, any public comments SUMMARY: This notice announces the received, and other information related V. Provisions for Disposition of Existing initial filing of pesticide petitions to this action. Although, a part of the Stocks proposing the establishment of official docket, the public docket does The effective date of cancellation will regulations for residues of a certain not include Confidential Business be the date of the cancellation order. pesticide chemical in or on various food Information (CBI) or other information The orders effecting these requested commodities. whose disclosure is restricted by statute. cancellations will generally permit a DATES: Comments, identified by docket The official public docket is the registrant to sell or distribute existing identification (ID) number OPP–2005– collection of materials that is available stocks for 1 year after the date the 0234, must be received on or before for public viewing at the Public cancellation request was received. This September 16, 2005. Information and Records Integrity policy is in accordance with the Branch (PIRIB), Rm. 119, Crystal Mall ADDRESSES: Agency’s statement of policy as Comments may be #2, 1801 S. Bell St., Arlington, VA. This prescribed in the Federal Register of submitted electronically, by mail, or docket facility is open from 8:30 a.m. to June 26, 1991 (56 FR 29362) (FRL– through hand delivery/courier. Follow 4 p.m., Monday through Friday, 3846–4). Exceptions to this general rule the detailed instructions as provided in excluding legal holidays. The docket will be made if a product poses a risk Unit I. of the SUPPLEMENTARY telephone number is (703) 305–5805. concern, or is in noncompliance with INFORMATION. 2. Electronic access. You may access reregistration requirements, or is subject FOR FURTHER INFORMATION CONTACT: this Federal Register document to a data call-in. In all cases, product- Barbara Madden, Registration Division electronically through the EPA Internet specific disposition dates will be given (7505C), Office of Pesticide Programs, under the ‘‘Federal Register’’ listings at in the cancellation orders. Environmental Protection Agency, 1200 http://www.epa.gov/fedrgstr/. Existing stocks are those stocks of Pennsylvania Ave., NW., Washington, An electronic version of the public registered pesticide products which are DC 20460–0001; telephone number: docket is available through EPA’s currently in the United States and (703) 305–6463; e-mail address: electronic public docket and comment which have been packaged, labeled, and [email protected]. system, EPA Dockets. You may use EPA released for shipment prior to the Dockets at http://www.epa.gov/edocket/ SUPPLEMENTARY INFORMATION: effective date of the cancellation action. to submit or view public comments, to Unless the provisions of an earlier order I. General Information access the index listing of the contents apply, existing stocks already in the of the official public docket, and to hands of dealers or users can be A. Does this Action Apply to Me? access those documents in the public distributed, sold, or used legally until You may be potentially affected by docket that are available electronically. they are exhausted, provided that such this action if you are an agricultural Although, not all docket materials may further sale and use comply with the producer, food manufacturer, or be available electronically, you may still EPA-approved label and labeling of the pesticide manufacturer. Potentially access any of the publicly available affected product. Exception to these affected entities may include, but are docket materials through the docket general rules will be made in specific not limited to: facility identified in Unit I.B.1. Once in cases when more stringent restrictions • Crop production (NAICS code the system, select ‘‘search,’’ then key in on sale, distribution, or use of the 111) the appropriate docket ID number. products or their ingredients have • Animal production (NAICS code Certain types of information will not already been imposed, as in a Special 112) be placed in the EPA Dockets. Review action, or where the Agency has • Food manufacturing (NAICS code Information claimed as CBI and other identified significant potential risk 311) information whose disclosure is concerns associated with a particular • Pesticide manufacturing (NAICS restricted by statute, which is not chemical. 32532) included in the official public docket, This listing is not intended to be will not be available for public viewing List of Subjects exhaustive, but rather provides a guide in EPA’s electronic public docket. EPA’s Environmental protection, Pesticides for readers regarding entities likely to be policy is that copyrighted material will and pests. affected by this action. Other types of not be placed in EPA’s electronic public entities not listed in this unit could also docket but will be available only in Dated: August 3, 2005. be affected. The North American printed, paper form in the official public Arnold E. Layne, Industrial Classification System docket. To the extent feasible, publicly Director, Information Technology and (NAICS) codes have been provided to available docket materials will be made Resource Management Division, Office of assist you and others in determining available in EPA’s electronic public Pesticide Programs. whether this action might apply to docket. When a document is selected [FR Doc. 05–16194 Filed 8–16–05; 8:45 am] certain entities. If you have any from the index list in EPA Dockets, the BILLING CODE 6560–50–S questions regarding the applicability of system will identify whether the

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document is available for viewing in comment. Also, include this contact DC 20460–0001, Attention: Docket ID EPA’s electronic public docket. information on the outside of any disk number OPP–2005–0234. Although, not all docket materials may or CD ROM you submit, and in any 3. By hand delivery or courier. Deliver be available electronically, you may still cover letter accompanying the disk or your comments to: Public Information access any of the publicly available CD ROM. This ensures that you can be and Records Integrity Branch (PIRIB), docket materials through the docket identified as the submitter of the Office of Pesticide Programs (OPP), facility identified in Unit I.B.1. EPA comment and allows EPA to contact you Environmental Protection Agency, Rm. intends to work towards providing in case EPA cannot read your comment 119, Crystal Mall #2, 1801 S. Bell St., electronic access to all of the publicly due to technical difficulties or needs Arlington, VA, Attention: Docket ID available docket materials through further information on the substance of number OPP–2005–0234. Such EPA’s electronic public docket. your comment. EPA’s policy is that EPA deliveries are only accepted during the For public commenters, it is will not edit your comment, and any docket’s normal hours of operation as important to note that EPA’s policy is identifying or contact information identified in Unit I.B.1. that public comments, whether provided in the body of a comment will submitted electronically or on paper, D. How Should I Submit CBI to the be included as part of the comment that Agency? will be made available for public is placed in the official public docket, viewing in EPA’s electronic public and made available in EPA’s electronic Do not submit information that you docket as EPA receives them and public docket. If EPA cannot read your consider to be CBI electronically without change, unless the comment comment due to technical difficulties through EPA’s electronic public docket contains copyrighted material, CBI, or and cannot contact you for clarification, or by e-mail. You may claim other information whose disclosure is EPA may not be able to consider your information that you submit to EPA as restricted by statute. When EPA comment. CBI by marking any part or all of that identifies a comment containing i. EPA Dockets. Your use of EPA’s information as CBI (if you submit CBI copyrighted material, EPA will provide electronic public docket to submit on disk or CD ROM, mark the outside a reference to that material in the comments to EPA electronically is of the disk or CD ROM as CBI and then version of the comment that is placed in EPA’s preferred method for receiving identify electronically within the disk or EPA’s electronic public docket. The comments. Go directly to EPA Dockets CD ROM the specific information that is entire printed comment, including the at http://www.epa.gov/edocket/, and CBI). Information so marked will not be copyrighted material, will be available follow the online instructions for disclosed except in accordance with in the public docket. submitting comments. Once in the procedures set forth in 40 CFR part 2. Public comments submitted on system, select ‘‘search,’’ and then key in In addition to one complete version of computer disks that are mailed or docket ID number OPP–2005–0234. The the comment that includes any delivered to the docket will be system is an ‘‘anonymous access’’ information claimed as CBI, a copy of transferred to EPA’s electronic public system, which means EPA will not the comment that does not contain the docket. Public comments that are know your identity, e-mail address, or information claimed as CBI must be mailed or delivered to the docket will be other contact information unless you submitted for inclusion in the public scanned and placed in EPA’s electronic provide it in the body of your comment. docket and EPA’s electronic public public docket. Where practical, physical docket. If you submit the copy that does objects will be photographed, and the ii. E-mail. Comments may be sent by e-mail to [email protected], not contain CBI on disk or CD ROM, photograph will be placed in EPA’s mark the outside of the disk or CD ROM electronic public docket along with a Attention: Docket ID number OPP– 2005–0234. In contrast to EPA’s clearly that it does not contain CBI. brief description written by the docket Information not marked as CBI will be staff. electronic public docket, EPA’s e-mail system is not an ‘‘anonymous access’’ included in the public docket and EPA’s C. How and to Whom Do I Submit system. If you send an e-mail comment electronic public docket without prior Comments? directly to the docket without going notice. If you have any questions about through EPA’s electronic public docket, CBI or the procedures for claiming CBI, You may submit comments please consult the person listed under electronically, by mail, or through hand EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. delivery/courier. To ensure proper captures your e-mail address. E-mail receipt by EPA, identify the appropriate addresses that are automatically E. What Should I Consider as I Prepare docket ID number in the subject line on captured by EPA’s e-mail system are My Comments for EPA? included as part of the comment that is the first page of your comment. Please You may find the following placed in the official public docket, and ensure that your comments are suggestions helpful for preparing your made available in EPA’s electronic submitted within the specified comment comments: period. Comments received after the public docket. 1. Explain your views as clearly as close of the comment period will be iii. Disk or CD ROM. You may submit possible. marked ‘‘late.’’ EPA is not required to comments on a disk or CD ROM that 2. Describe any assumptions that you consider these late comments. If you you mail to the mailing address used. wish to submit CBI or information that identified in Unit I.C.2. These electronic 3. Provide copies of any technical is otherwise protected by statute, please submissions will be accepted in information and/or data you used that follow the instructions in Unit I.D. Do WordPerfect or ASCII file format. Avoid support your views. not use EPA Dockets or e-mail to submit the use of special characters and any 4. If you estimate potential burden or CBI or information protected by statute. form of encryption. costs, explain how you arrived at the 1. Electronically. If you submit an 2. By mail. Send your comments to: estimate that you provide. electronic comment as prescribed in this Public Information and Records 5. Provide specific examples to unit, EPA recommends that you include Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. your name, mailing address, and an e- of Pesticide Programs (OPP), 6. Make sure to submit your mail address or other contact Environmental Protection Agency, 1200 comments by the deadline in this information in the body of your Pennsylvania Ave., NW., Washington, notice.

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7. To ensure proper receipt by EPA, ethoxy]pyridine, in or on raw has been validated using aged be sure to identify the docket ID number agricultural commodities as follows: radiochemical residue samples from assigned to this action in the subject 1. PP 3E6582 proposes a tolerance for metabolism studies. The methods have line on the first page of your response. white sapote and Ugli fruit at 0.3 parts been validated in cottonseed, apples, You may also provide the name, date, per million (ppm). soil, and oranges at independent and Federal Register citation. 2. PP 3E6596 proposes a tolerance for laboratories. EPA has successfully legume vegetables, crop subgroups 6a, validated the analytical methods for II. What Action is the Agency Taking? 6b, and 6c at 0.2 ppm. analysis of cottonseed, pome fruit, EPA has received a pesticide petition 3. PP 3E6750 proposes a tolerance for nutmeats, almond hulls, and fruiting as follows proposing the establishment onion, dry bulb at 0.05 ppm. vegetables. The limit of detection of and/or amendment of regulations for 4. PP 4E6865 proposes a tolerance for pyriproxyfen in the methods is 0.01 residues of a certain pesticide chemical strawberry at 0.3 ppm. ppm which will allow monitoring of in or on various food commodities 5. PP 4E6866 proposes a tolerance for food with residues at the levels under section 408 of the Federal Food, grape at 2.5 ppm and raisin at 4.0 ppm. proposed for the tolerances. Drug, and Cosmetic Act (FFDCA), 21 EPA has determined that the petitions 3. Magnitude of residues. Residue U.S.C. 346a. EPA has determined that contain data or information regarding data were generated with pyriproxyfen this petition contains data or the elements set forth in section for tolerance setting and dietary information regarding the elements set 408(d)(2) of the FFDCA; however, EPA exposure estimates. Adequate residue forth in FFDCA section 408(d)(2); has not fully evaluated the sufficiency trials were performed with pyriproxyfen however, EPA has not fully evaluated of the submitted data at this time or to support the uses described in this the sufficiency of the submitted data at whether the data support granting of the notice of filing. petitions. Additional data may be this time or whether the data support B. Toxicological Profile granting of the petition. Additional data needed before EPA rules on the may be needed before EPA rules on the petitions. An assessment of toxic effects caused by pyriproxyfen is discussed in Unit petition. A. Residue Chemistry III.A. and Unit III.B. of the Federal List of Subjects 1. Plant and animal metabolism. Register of April 4, 2001, (66 FR 17883) 14 Environmental protection, Metabolism of C-pyriproxyfen labeled (FRL–6772–4). Agricultural commodities, Feed in the phenoxyphenyl ring and in the 1. Animal metabolism. The additives, Food additives, Pesticides pyridyl ring has been studied in cotton, absorption, tissue distribution, and pests, Reporting and recordkeeping apples, tomatoes, lactating goats, laying metabolism and excretion of 14C-labeled requirements. hens, and rats. The major metabolic pyriproxyfen were studied in rats after pathways in plants is aryl hydroxylation single oral doses of 2 or 1,000 Dated: August 11, 2005. and cleavage of the ether linkage, milligrams/kilograms body weight (mg/ Lois Rossi, followed by further metabolism into kg bwt) (phenoxyphenyl and pyridyl Director, Registration Division, Office of more polar products by further label), and after a single oral dose of 2 Pesticide Programs. oxidation and/or conjugation reactions. mg/kg bwt, phenoxyphenyl label only, Summary of Petitions However, the bulk of the radiochemical following 14 daily oral doses at 2 mg/ residue on raw agricultural commodities kg bwt of unlabeled material. For all The petitioner’s summary of the (RAC) samples remained as parent. dose groups, most (–96%) of the pesticide petitions is printed below as Comparing metabolites detected and administered radiolabel was excreted in required by FFDCA section 408(d)(3). quantified from cotton, apple, tomato, the urine and feces within 2 days after The summary of the petitions was goat, hen, and rat shows that there are radiolabeled test material dosing, and prepared by Interregional Research no significant aglycones in plants which 92–98% of the administered dose was Project Number 4 (IR-4), and represents are not also present in the excreta or excreted within 7 days. Seven days after the view of the petitioner. The petion tissues of animals. The residue of dosing, tissue residues were generally summary announces the availabilty of a concern is best defined as the parent, low, accounting for no more than 0.3% description of the analytical methods pyriproxyfen. of the dosed 14C. Radiocarbon available to EPA for the detection and Ruminant and poultry metabolism concentrations in fat were higher than measurement of the pesticide chemical studies demonstrated that transfer of in other tissues analyzed. Recovery in residues or an explanation of why no administered 14C-residues to tissues was tissues over time indicates that the such method is needed. low. Total 14C-residues in goat milk, potential for bioaccumulation is Interregional Research Project muscle and tissues accounted for less minimal. There were no significant sex than 2% of the administered dose, and or dose-related differences in excretion PP 3E6582, PP 3E6596, PP 3E6750, PP were less than 1 part per million (ppm) or metabolism. 4E6865, PP 4E6866 in all cases. In poultry, total 14C- 2. Metabolite toxicology. Metabolism EPA has received pesticide petitions residues in eggs, muscle and tissues studies of pyriproxyfen in rats, goats (PP) 3E6582, 3E6596, 3E6750, 4E6865, accounted for about 2.7% of the and hens, as well as the fish and 4E6866 from the Interregional administered dose, and were less than 1 bioaccumulation study demonstrate that Research Project Number 4 IR-4, ppm in all cases except for gizzard. the parent is very rapidly metabolized Technology Center of New Jersey, 2. Analytical method. Practical and eliminated. In the rat, most (88– Rutgers, the State University of New analytical methods for detecting and 96%) of the administered radiolabel was Jersey, 681 U.S. Highway #1 S., North measuring levels of pyriproxyfen (and excreted in the urine and feces within Brunswick, NJ 08902–3390 proposing, relevant metabolites) have been 2 days of dosing, and 92–98% of the pursuant to section 408(d) of the developed and validated in or on all administered dose was excreted within FFDCA, 21 U.S.C. 346a(d), to amend 40 appropriate agricultural commodities, 7 days. Tissue residues were low 7 days CFR part 180 by establishing tolerances respective processing fractions, milk, after dosing, accounting for no more for residues of pyriproxyfen, 2-[1- animal tissues, and environmental than 0.3% of the dosed 14C. Because methyl-2-(4-phenoxyphenoxy) samples. The extraction methodology parent and metabolites are not retained

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in the body, the potential for acute infants and children. No acute dietary No acute dermal, or inhalation dose or toxicity from in situ formed metabolites endpoint and dose was identified in the endpoint was identified in the toxicity is low. The potential for chronic toxicity toxicology data base for pyriproxyfen; data for pyriproxyfen. Similarly, doses is adequately tested by chronic exposure therefore, Valent Corporation concludes and endpoints were not identified for to the parent at the maximum tolerated that, there is a reasonable certainty of no short-term and intermediate-term dose (MTD) and consequent chronic harm from acute dietary exposure. dermal or inhalation exposure to exposure to the internally formed i. Food. Chronic dietary exposure to pyriproxyfen. The Agency has metabolites. pyriproxyfen residues was calculated concluded that there are reasonable Seven metabolites of pyriproxyfen, 4’- for the U.S. population and 16 certainties of no harm from acute, short- OH-pyriproxyfen, 5’-OH-pyriproxyfen, population subgroups assuming term, and intermediate-term dermal and desphenyl-pyriproxyfen, POPA, PYPAC, tolerance level residues, processing inhalation occupational and residential 2-OH-pyridine and 2,5-diOH-pyridine, factors from residue studies, and exposures due to the lack of significant have been tested for mutagenicity, via assuming 100% of the crop will be toxicological effects observed. Ames Assay, and acute oral toxicity to treated with pyriproxyfen. The analyses Chronic residential post-application mice. All seven metabolites were tested included residue data for all existing exposure and risk assessments were in the Ames assay with and without S9 uses, pending uses, and proposed new conducted to estimate the potential risks at doses up to 5,000 micro-grams per uses. The results from several from pet collar uses. The risk plate or up to the growth inhibitory representative subgroups are listed assessment was conducted using the dose. The metabolites did not induce below. Chronic dietary exposure to the following assumptions: application rate any significant increases in revertible overall U.S. population is estimated to of 0.58 mg active ingredient (a.i.)/day, colonies in any of the test strains. be 0.0238 mg/kg bwt/day, representing average body weight for a 1–6 year old Positive control chemicals showed 6.8% of the reference dose (RfD). For the child of 10 kg, the a.i. dissipates marked increases in reverting colonies. most highly exposed sub-population, uniformly through 365 days (the label The acute toxicity to mice of 4’-OH- infants, <1 years of age, dietary exposure instructs to change the collar once a pyriproxyfen, 5’-OH-pyriproxyfen, is calculated to be 0.0245 mg/kg bwt/ year), 1% of the active ingredient is desphenyl-pyriproxyfen, POPA, and day, or 7.0% of the RfD. Generally available for dermal and inhalation PYPAC did not appear to markedly speaking, the Agency has no cause for exposure per day (assumption from differ from pyriproxyfen, with all concern if total residue contribution for Draft EPA Standard Operating metabolites having acute oral lethal established and proposed tolerances is Procedures (SOPs) for Residential dose (LD50) values greater than 2,000 less than 100% of the RfD. Exposure Assessments, December 18, mg/kg bwt. The two pyridines, 2-OH- ii. Drinking water. Since pyriproxyfen 1997). The assessment also, assumes an pyridine and 2,5-diOH-pyridine, gave is applied outdoors to growing absorption rate of 100%. This is a acute oral LD50 values of 124 (male) and agricultural crops, the potential exists conservative assumption since the 166 (female) mg/kg bwt, and 1,105 for pyriproxyfen or its metabolites to dermal absorption was estimated to be (male) and 1,000 (female) mg/kg bwt, reach ground water or surface water that 10%. The estimated chronic term MOE respectively. may be used for drinking water. Because was 61,000 for children, and 430,000 for 3. Endocrine disruption. Pyriproxyfen of the physical properties of adults. The risk estimates indicate that is specifically designed to be an insect pyriproxyfen, it is unlikely that potential risks from pet collar uses do growth regulator and is known to pyriproxyfen or its metabolites can not exceed the Agency’s level of produce juvenoid effects on arthropod leach to potable ground water. To concern. development. However, this quantify potential exposure from mechanism-of-action in target insects drinking water, surface water D. Cumulative Effects and some other arthropods has no concentrations for pyriproxyfen were Section 408(b)(2)(D)(v) requires that relevance to any mammalian endocrine estimated using generic expected the Agency must consider ‘‘available system. While specific tests, uniquely environmental concentration (GENEEC). information’’ concerning the cumulative designed to evaluate the potential The residue levels in drinking water are effects of a particular pesticide’s effects of pyriproxyfen on mammalian the peak chronic residue level as residues and ‘‘other substances that endocrine systems have not been estimated by GENEEC. Using standard have a common mechanism of toxicity.’’ conducted, the toxicology of assumptions about body weight and Available information in this context pyriproxyfen has been extensively water consumption, the chronic include not only toxicity, chemistry, evaluated in acute, sub-chronic, exposure to pyriproxyfen from this and exposure data, but also, scientific chronic, developmental, and drinking water would be 0.00009 mg/kg policies and methodologies for reproductive toxicology studies bwt/day for adults and ‘‘0’’ year infants, understanding common mechanisms of including detailed histopathology of and represent 0.025% of the RfD (0.35 toxicity and conducting cumulative risk numerous tissues. The results of these mg/kg/day). Based on this worse case assessments. For most pesticides, studies show no evidence of any analysis, the contribution of water to the although, the Agency has some endocrine-mediated effects and no dietary risk is negligible. information in its files that may turn out pathology of the endocrine organs. 2. Non-dietary exposure. Pyriproxyfen to be helpful in eventually determining Consequently, it is concluded that is currently registered for use on whether a pesticide shares a common pyriproxyfen does not possess residential non-food sites. Pyriproxyfen mechanism of toxicity with any other estrogenic or endocrine disrupting is the active ingredient in numerous substances, EPA does not at this time properties applicable to mammals. registered products for flea and tick have the methodologies to resolve the control. Formulations include foggers, complex scientific issues concerning C. Aggregate Exposure aerosol sprays, emulsifiable common mechanism of toxicity in a 1. Dietary exposure. An evaluation of concentrates, and impregnated materials meaningful way. chronic dietary exposure including both (pet collars). With the exception of the There are no other pesticidal food and drinking water has been pet collar uses, consumer use of compounds that are structurally related performed for the U.S. population and pyriproxyfen typically results in acute to pyriproxyfen and have similar effects various sub-populations including and short-term intermittent exposures. on animals. In consideration of potential

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cumulative effects of pyriproxyfen and 2. Infants and children—i. Safety assessments for residential exposure are other substances that may have a factor for infants and children. In not required due to the lack of common mechanism of toxicity, there assessing the potential for additional significant toxicological effects are currently no available data or other sensitivity of infants and children to observed. The results of a chronic reliable information indicating that any residues of pyriproxyfen, FFDCA residential post-application exposure toxic effects produced by pyriproxyfen section 408 provides that EPA shall and risk assessment for pet collar uses would be cumulative with those of other apply an additional margin of safety, up demonstrate that potential risks from chemical compounds. Thus, only the to 10-fold, for added protection for pet collar uses do not exceed the potential risks of pyriproxyfen have infants and children in the case of Agency’s level of concern. The been considered in this assessment of threshold effects unless EPA determines estimated chronic term MOE for aggregate exposure and effects. that a different margin of safety will be children was 1,425. safe for infants and children. E. Safety Determination The toxicological data base for F. International Tolerances 1. U.S. population—i. Chronic dietary evaluating pre-natal and post-natal There are presently no existing Codex exposure and risk to adult sub- toxicity for pyriproxyfen is complete maximum residue levels for populations. The results of the chronic with respect to current data pyriproxyfen. dietary exposure assessment described requirements. There are no special FR Doc. 05–16301 Filed 8–16–05; 8:45 a.m.] above demonstrate that estimates of prenatal or postnatal toxicity concerns BILLING CODE 6560–50–S chronic dietary exposure for all existing, for infants and children, based on the pending and proposed uses of results of the rat and rabbit pyriproxyfen are well below the chronic developmental toxicity studies or the 2- ENVIRONMENTAL PROTECTION RfD of 0.35 mg/kg/day. The estimated generation reproductive toxicity study AGENCY in rats. Valent concludes that reliable chronic dietary exposure from food for [OEI–2005–2006; FRL–7951–5] the overall U.S. population and many data support use of the standard 100- non-child/infant subgroups is from fold uncertainty factor and that an Office of Environmental Information; 0.006 to 0.0245 mg/kg bwt/day, 1.7 to additional uncertainty factor is not Announcement of Comment Period for 7.0% of the RfD. Addition of the small needed for pyriproxyfen to be further Environmental Sampling, Analysis and but worse case potential chronic protective of infants and children. Results Draft Data Standards exposure from drinking water ii. Chronic dietary exposure and risk AGENCY: Environmental Protection (calculated above) increases exposure by to infants and children. Using the Agency. only 0.00002 mg/kg bwt/day and does conservative exposure assumptions described above, the percentage of the not change the maximum occupancy of ACTION: Notice of Data Availability & RfD that will be utilized by chronic the RfD significantly. Generally, the Comment Period. dietary (food only) exposure to residues Agency has no cause for concern if total of pyriproxyfen ranges from 0.013 mg/ SUMMARY: Notice of availability for residue contribution is less than 100% kg bwt/day children 6–12 years old, up public review for a 90 day comment of the RfD. It can be concluded that to 0.0245 mg/kg bwt/day for infants (0 period is hereby given for the Draft there is a reasonable certainty that no years of age), 3.8 and 7.0% of the RfD, Environmental Sampling, Analysis and harm will result to the overall U.S. respectively. Adding the worse case Results (ESAR) Data Standards. population or any non-child/infant potential incremental exposure to The Draft Environmental Sampling, subgroups from aggregate, chronic infants from pyriproxyfen in drinking Analysis, and Results Data Standards dietary exposure to pyriproxyfen water (0.9 x 10-4 mg/kg bwt/day) does are a collection of 14 standards that are residues. not materially increase the aggregate, based on the business processes used to ii. Acute dietary exposure and risk to chronic dietary exposure and only collect and analyze environmental data. adult sub-populations. No acute dietary increases the occupancy of the RfD by The collection is comprised of an endpoint and dose were identified in 0.009%. EPA generally has no concern Overview, four primary standards and the toxicology data base for for exposures below 100% of the RfD nine supporting components. The pyriproxyfen; therefore, it can be because the RfD represents the level at fourteen ESAR data standards are concluded that there is a reasonable or below which daily aggregate dietary designed to provide implementation certainty that no harm will result to the exposure over a lifetime will not pose flexibility and improve the exchange of overall U.S. population or any non- appreciable risks to human health. environmental data across the nation. child/infant subgroups from aggregate, Valent concludes that, there is a States and U.S. EPA completed a acute dietary exposure to pyriproxyfen reasonable certainty that no harm will technical review of these data standards residues. result to infants and children from in the Spring of 2004. That review lead iii. Non-dietary exposure and aggregate, chronic dietary exposure to to the formation of Air, Waste, and aggregate risk to adult sub-populations. pyriproxyfen residues. Water teams, which reviewed the Acute, short-term, and intermediate- iii. Acute dietary exposure and risk comments and produced this final term dermal and inhalation risk infants and children. No acute dietary collection of draft data standard assessments for residential exposure are endpoint and dose were identified in documents. Reviewers will see that the not required due to the lack of the toxicology data base for standards may not use the specific significant toxicological effects pyriproxyfen; therefore, Valent believes terminology for a given environmental observed. The results of a chronic that there is a reasonable certainty that program. In order to make the standards residential post-application exposure no harm will result to infants and work for the broadest audience, terms and risk assessment for pet collar uses children from aggregate, acute dietary were specifically chosen for relevance to demonstrate that potential risks from exposure to pyriproxyfen residues. the broadest audience. Similarly, the pet collar uses do not exceed the iv. Non-dietary exposure and standards do not address all details of Agency’s level of concern. The aggregate risk infants and children. each environmental program. These estimated chronic term margin of Acute, short-term, and intermediate- standards, when final, are intended to exposure (MOE) for adults was 5,700. term dermal and inhalation risk serve as a foundation for information

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exchange across environmental media I. General Information agreement (ECA) regarding dimethyl succinate (DMS, Chemical Abstract (water, air, waste). Media or program A. How Can I Get Copies Of These Service (CAS) No. 106–65–0), dimethyl specific data elements may need to be Documents and Other Related glutarate (DMG, CAS No. 1119–40–0), added in an exchange. Information? and dimethyl adipate (DMA, CAS No. Reviewers please note that the draft 1. Docket. EPA has established an data standards are based on and 627–93–0) known collectively as official public docket for this action Dibasic Esters (DBEs). The companies incorporate related efforts such as other under Docket ID No. OEI–2005–2006. subject to this ECA agreed to conduct data standards, electronic data The official public docket is the toxicity testing that was intended to deliverables, and systems data collection of materials that is available satisfy certain toxicological data needs dictionaries in media specific areas for public viewing at the OEI Docket in identified by EPA and the Consumer including: the EDSC data standard the EPA Docket Center, (EPA/DC) EPA Product Safety Commission (CPSC). The ‘‘Reporting Water Quality Results for West, Room B102, 1301 Constitution results of this testing can be used to Chemical and Microbiological Ave., NW., Washington, DC. The EPA develop a more complete toxicological Analytes;’’ exchange specifications such Docket Center Public Reading Room is profile of DBEs and to assess certain as the ‘‘Staged Electronic Data open from 8:30 a.m. to 4:30 p.m., potential human health risks posed by Deliverable’’ (SEDD); data dictionaries Monday through Friday, excluding legal DBEs present in certain industrial and such as the Air Quality Monitoring holidays. The telephone number for the consumer products, including paint System (AQS); as well as specifications Public Reading Room is (202) 566–1744, stripper formulations. This notice from the National Environmental and the telephone number for the OEI announces that EPA has initiated the Laboratory Accrediting Council Docket is (202) 566–1752. program review component of the DBEs (NELAC) and the Laboratory 2. Electronic Access. You may access ECA testing program and solicits public Information Management System this Federal Register document comment on the need for a third, and (LIMS). electronically through the EPA Internet final, phase of testing involving in vivo under the ‘‘Federal Register’’ listings at dermal penetration rate testing. DATES: Comments must be submitted on http://www.epa.gov/fedrgstr/. Comments will be considered in EPA’s An electronic version of the public or before November 12, 2005. decision on whether or not to proceed docket is available through EPA’s with the third phase of testing under the FOR FURTHER INFORMATION CONTACT: electronic public docket and comment ECA. Linda Spencer; Environmental system, EPA Dockets. You may use EPA Protection Agency; 1200 Pennsylvania Dockets at http://www.epa.gov/edocket/ DATES: Comments, identified by docket Avenue, MC 2822T; Washington, DC to view public comments, access the identification (ID) number OPPT–2002– 20460; Phone: 202–566–1651; Fax: 202– index listing of the contents of the 0009, must be received on or before 566–1624; E-mail: official public docket, and to access September 16, 2005. [email protected]. those documents in the public docket ADDRESSES: Comments may be that are available electronically. submitted electronically, by mail, or SUPPLEMENTARY INFORMATION: These Although not all docket materials may through hand delivery/courier. Follow standards were developed by the be available electronically, you may still the detailed instructions as provided in Environmental Data Standards Council access any of the publicly available Unit I. of the SUPPLEMENTARY (EDSC). The EDSC is a partnership of docket materials through the docket INFORMATION. among EPA, States, and Tribes which facility identified in Unit I.B. Once in FOR FURTHER INFORMATION CONTACT: For promotes the efficient sharing of the system, select ‘‘search,’’ then key in general information contact: Colby environmental information through the the appropriate docket identification Lintner, Regulatory Coordinator, cooperative development of data number. Environmental Assistance Division standards. Dated: August 9, 2005. (7408M), Office of Pollution Prevention The standards are intended for use in Oscar Morales, and Toxics, Environmental Protection environmental data exchanges among Division Director, Collection Strategies Agency, 1200 Pennsylvania Ave., NW., States, Tribal entities and the U.S. EPA. Division, Office of Information Collection, Washington, DC 20460–0001; telephone They are not meant to dictate or to limit U.S. Environmental Protection Agency. number: (202) 554–1404; e-mail address: data an agency chooses to collect for its [FR Doc. 05–16113 Filed 8–16–05; 8:45 am] [email protected]. own internal purposes. Adoption of a BILLING CODE 6560–50–U For technical information contact: data standard should not be interpreted George Semeniuk, Chemical Control to mean that revisions to databases or Division (7405M), Office Pollution information systems are required. What ENVIRONMENTAL PROTECTION Prevention and Toxics, Environmental the adoption does mean is that formats AGENCY Protection Agency, 1200 Pennsylvania for sharing data with Exchange Network Ave., NW., Washington, DC 20460– [OPPT–2002–0009; FRL–7728–6] (EN) partners will change because the 0001; telephone number: (202) 564– Exchange Network has adopted Shared Dibasic Esters (DBEs) EPA Program 8174; e-mail address: Schema Components based on the data Review; Notice of Availability and [email protected]. standards. The SSCs are available on the Solicitation of Comments SUPPLEMENTARY INFORMATION: Exchange Network Web site at http:// www.exchangenetwork.net. AGENCY: Environmental Protection I. General Information Agency (EPA). The draft data standards and A. Does this Action Apply to Me? ACTION: Notice. ‘‘Frequently Asked Questions’’ You may be potentially affected by document can be found on EDSC’s Web SUMMARY: Under section 4 of the Toxic this action if you use DBEs or DBEs- site http://www.envdatastandards.net/ Substances Control Act (TSCA), EPA containing products, such as hand and are available through the Docket issued a testing consent order that cleaners or consumer-oriented paint system as indicated below. incorporates an enforceable consent strippers, or manufacture (including

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import), process, or distribute such electronic public docket and comment scanned and placed in EPA’s electronic products in commerce. Other interested system, EPA Dockets. You may use EPA public docket. Where practical, physical parties may also include persons who Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the are or may be required to conduct to submit or view public comments, photograph will be placed in EPA’s testing of chemical substances under access the index listing of the contents electronic public docket along with a TSCA. Potentially affected entities may of the official public docket, and to brief description written by the docket include, but are not limited to: access those documents in the public staff. • Manufacturers of artificial synthetic docket that are available electronically. fibers and filaments (NAICS 3252), e.g., Although not all docket materials may C. How and To Whom Do I Submit manufacturers of nylon. be available electronically, you may still Comments? • Manufacturers of paint removal access any of the publicly available You may submit comments products (NAICS 325510), e.g., docket materials through the docket electronically, by mail, or through hand formulators of consumer paint strippers. facility identified in Unit I.B.1. Once in • delivery/courier. To ensure proper Manufacturers of soap and cleaning the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate compounds (NAICS 32561), e.g., the appropriate docket ID number. docket ID number in the subject line on formulators of DBEs-containing hand Certain types of information will not the first page of your comment. Please cleaners. be placed in the EPA Dockets. ensure that your comments are This listing is not intended to be Information claimed as CBI and other submitted within the specified comment exhaustive, but rather provides a guide information whose disclosure is period. Comments received after the for readers regarding entities likely to be restricted by statute, which is not close of the comment period will be affected by this action. Other types of included in the official public docket, marked ‘‘late.’’ EPA is not required to entities not listed in this unit could also will not be available for public viewing consider these late comments. If you be affected. The North American in EPA’s electronic public docket. EPA’s wish to submit CBI or information that Industrial Classification System policy is that copyrighted material will is otherwise protected by statute, please (NAICS) codes have been provided to not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do assist you and others in determining docket but will be available only in not use EPA Dockets or e-mail to submit whether this action might apply to printed, paper form in the official public CBI or information protected by statute. certain entities. If you have any docket. To the extent feasible, publicly 1. Electronically. If you submit an questions regarding the applicability of available docket materials will be made electronic comment as prescribed in this this action to a particular entity, consult available in EPA’s electronic public unit, EPA recommends that you include the technical person listed under FOR docket. When a document is selected your name, mailing address, and an e- FURTHER INFORMATION CONTACT. from the index list in EPA Dockets, the mail address or other contact system will identify whether the B. How Can I Get Copies of this information in the body of your document is available for viewing in Document and Other Related comment. Also include this contact EPA’s electronic public docket. Information? information on the outside of any disk Although not all docket materials may or CD ROM you submit, and in any 1. Docket. EPA has established an be available electronically, you may still cover letter accompanying the disk or official public docket for this action access any of the publicly available CD ROM. This ensures that you can be under docket ID number OPPT–2002– docket materials through the docket 0009. The official public docket consists facility identified in Unit I.B.1. EPA identified as the submitter of the of the documents specifically referenced intends to work towards providing comment and allows EPA to contact you in this action, any public comments electronic access to all of the publicly in case EPA cannot read your comment received, and other information related available docket materials through due to technical difficulties or needs to this action. Although a part of the EPA’s electronic public docket. further information on the substance of official docket, the public docket does For public commenters, it is your comment. EPA’s policy is that EPA not include Confidential Business important to note that EPA’s policy is will not edit your comment, and any Information (CBI) or other information that public comments, whether identifying or contact information whose disclosure is restricted by statute. submitted electronically or in paper, provided in the body of a comment will The official public docket is the will be made available for public be included as part of the comment that collection of materials that is available viewing in EPA’s electronic public is placed in the official public docket, for public viewing at the EPA Docket docket as EPA receives them and and made available in EPA’s electronic Center, Rm. B102-Reading Room, EPA without change, unless the comment public docket. If EPA cannot read your West, 1301 Constitution Ave., NW., contains copyrighted material, CBI, or comment due to technical difficulties Washington, DC. The EPA Docket other information whose disclosure is and cannot contact you for clarification, Center is open from 8:30 a.m. to 4:30 restricted by statute. When EPA EPA may not be able to consider your p.m., Monday through Friday, excluding identifies a comment containing comment. legal holidays. The EPA Docket Center copyrighted material, EPA will provide i. EPA Dockets. Your use of EPA’s Reading Room telephone number is a reference to that material in the electronic public docket to submit (202) 566–1744 and the telephone version of the comment that is placed in comments to EPA electronically is number for the OPPT Docket, which is EPA’s electronic public docket. The EPA’s preferred method for receiving located in EPA Docket Center, is (202) entire printed comment, including the comments. Go directly to EPA Dockets 566–0280. copyrighted material, will be available at http://www.epa.gov/edocket/, and 2. Electronic access. You may access in the public docket. follow the online instructions for this Federal Register document Public comments submitted on submitting comments. Once in the electronically through the EPA Internet computer disks that are mailed or system, select ‘‘search,’’ and then key in under the ‘‘Federal Register’’ listings at delivered to the docket will be docket ID number OPPT–2002–0009. http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public The system is an ‘‘anonymous access’’ An electronic version of the public docket. Public comments that are system, which means EPA will not docket is available through EPA’s mailed or delivered to the docket will be know your identity, e-mail address, or

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other contact information unless you mark the outside of the disk or CD ROM a comparison of its risks with other provide it in the body of your comment. clearly that it does not contain CBI. paint stripper products. ii. E-mail. Comments may be sent by Information not marked as CBI will be To help CPSC address these data e-mail to [email protected], Attention: included in the public docket and EPA’s needs, EPA implemented a procedure it Docket ID Number OPPT–2002–0009. In electronic public docket without prior had previously developed under the contrast to EPA’s electronic public notice. If you have any questions about authority of section 4 of TSCA (15 docket, EPA’s e-mail system is not an CBI or the procedures for claiming CBI, U.S.C. 2603) to obtain needed testing ‘‘anonymous access’’ system. If you please consult the technical person through the development of an ECA send an e-mail comment directly to the listed under FOR FURTHER INFORMATION (See 40 CFR part 790). In a notice docket without going through EPA’s CONTACT. published in the Federal Register of electronic public docket, EPA’s e-mail March 22, 1995 (60 FR 15143) (FRL– system automatically captures your e- E. What Should I Consider as I Prepare My Comments for EPA? 4943–6), EPA set forth its and CPSC’s mail address. E-mail addresses that are concerns for DBE’s toxicity and automatically captured by EPA’s e-mail We invite you to provide your views exposure, indicated the type of testing system are included as part of the on the various options we propose, new that EPA and CPSC believed was comment that is placed in the official approaches we have not considered, the needed to address data gaps, and public docket, and made available in potential impacts of the various options solicited proposals from parties EPA’s electronic public docket. (including possible unintended interested in conducting DBE toxicity iii. Disk or CD ROM. You may submit consequences), and any data or testing under the terms of an ECA. In comments on a disk or CD ROM that information that you would like the response, the Dibasic Esters Group you mail to the mailing address Agency to consider during the (DBEs Group), comprised of Aceto identified in Unit I.C.2. These electronic development of the final action. You submissions will be accepted in Corporation, E.I. du Pont de Nemours may find the following suggestions and Company, and Solutia, Inc., WordPerfect or ASCII file format. Avoid helpful for preparing your comments: the use of special characters and any provided EPA with a database of health 1. Explain your views as clearly as effects studies that had been conducted form of encryption. possible. 2. By mail. Send your comments to: previously on DBEs, indicated its 2. Describe any assumptions that you interest in conducting additional Document Control Office (7407M), used. Office of Pollution Prevention and needed health effects testing, and 3. Provide copies of any technical submitted a testing proposal1. While the Toxics (OPPT), Environmental information and/or data you used that Protection Agency, 1200 Pennsylvania DBEs Group’s initial proposal did not support your views. meet the expectations of EPA and CPSC, Ave., NW., Washington, DC 20460– 4. If you estimate potential burden or 0001. a second proposal submitted by the costs, explain how you arrived at the DBEs Group, while not addressing all 3. By hand delivery or courier. Deliver estimate that you provide. your comments to: OPPT Document data needs initially identified by EPA 5. Provide specific examples to and CPSC particularly with regard to a Control Office (DCO) in EPA East Bldg., illustrate your concerns. Rm. 6428, 1201 Constitution Ave., NW., cancer bioassay and a 2-generation 6. Offer alternative ways to improve reproductive toxicity study, was found Washington, DC. Attention: Docket ID the notice. Number OPPT–2002–0009. The DCO is to constitute an adequate basis for 7. Make sure to submit your entering into negotiation of an ECA. open from 8 a.m. to 4 p.m., Monday comments by the deadline in this through Friday, excluding legal Following an announcement in the notice. Federal Register of December 20, 1996 holidays. The telephone number for the 8. To ensure proper receipt by EPA, DCO is (202) 564–8930. (61 FR 67332) (FRL–5578–9) EPA held be sure to identify the docket ID number a public meeting on January 29, 1997, in D. How Should I Submit CBI to the assigned to this action in the subject Washington, DC and began negotiation Agency? line on the first page of your response. of an ECA addressing DBE toxicity You may also provide the name, date, Do not submit information that you testing. and Federal Register citation. consider to be CBI electronically B. What Does the DBEs ECA Require? through EPA’s electronic public docket II. Background or by e-mail. You may claim The ECA and a consent order A. Why are DBEs the Subject of Health information that you submit to EPA as incorporating the ECA were announced Effects Testing? CBI by marking any part or all of that in the Federal Register of August 5, information as CBI (if you submit CBI In the early 1990s, CPSC was 1999 (64 FR 42692) (FRL–6090–6). The on disk or CD ROM, mark the outside conducting an investigation of testing program set forth in the ECA of the disk or CD ROM as CBI and then consumer-oriented paint stripper consisted of three phases. The first identify electronically within the disk or formulations and seeking health and phase (initial base toxicity testing) CD ROM the specific information that is safety information that would permit a focused on testing individual DBEs and CBI). Information so marked will not be comparison of the risks posed by DBE mixtures and included: disclosed except in accordance with available paint stripping products. At procedures set forth in 40 CFR part 2. the time, DBE-based products were 1 On February 4, 2003, E. I. DuPont de Nemours In addition to one complete version of being promoted in advertising and and Company notified EPA that it had transferred the comment that includes any product labeling as ‘‘safe’’ alternatives its DBEs business and test sponsorship responsibilities under the ECA to DuPont Textiles information claimed as CBI, a copy of to other consumer paint strippers that and Interiors. On July 23, 2004, DuPont Textile and the comment that does not contain the contained solvents, such as methylene Interiors notified EPA that it had transferred its information claimed as CBI must be chloride. CPSC was concerned that the DBEs business and obligations under the ECA to submitted for inclusion in the public limited toxicity database on DBEs INVISTA S.a´ r.l., a subsidiary of Koch Industries. Constituting minor modifications of the ECA, both docket and EPA’s electronic public would not adequately support claims notifications included ECA signatures pages that docket. If you submit the copy that does regarding their safety and certain gaps had been endorsed by their respective company not contain CBI on disk or CD ROM, in the DBEs toxicity database prevented officials.

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• A 90-day subchronic inhalation comments submitted in response to this Communications Requirements through toxicity study. notice, EPA will notify the DBEs Group the year 2010 (WT Docket 96–86). • A 14-day dermal toxicity study. of its decision regarding phase 3 testing In the Matter of Petition for Waiver of • Genotoxicity (gene mutation and by letter, which will also be entered in the Part 15 UWB Regulations Filed by chromosomal effects) studies. the public docket. the Multi-band OFDM Alliance Special The second phase (program review Accordingly, EPA specifically Interest Group (ET Docket 04–352) testing) consisted of: requests public comment on the need Number of Petitions Filed: 2. • A developmental toxicity study. for, and, if there is thought to be a need, • An in vitro dermal penetration Marlene H. Dortch, the specific nature of, in vivo dermal Secretary. study. penetration rate testing for individual Test results from the first and second [FR Doc. 05–16333 Filed 8–16–05; 8:45 am] DBEs or mixtures of DBE. Comments phases are contained in the docket for BILLING CODE 6712–01–U that support such testing should provide this testing action. Whether or not a a clear rationale for such testing and third phase of testing would be required specify how the testing should be that would focus on in vivo dermal conducted, identifying test species and FEDERAL MARITIME COMMISSION penetration rate testing is to be target organ(s), if appropriate. EPA determined by EPA, with input from Notice of Agreements Filed understands that the 1:3:1 CPSC, after its review of the program’s [DMS:DMG:DMA] blend of DBEs is a The Commission hereby gives notice test results, recommendations submitted mixture common to many DBE- of the filing of the following agreements by the DBEs Group and any comments containing consumer products and under the Shipping Act of 1984. received from the public in response to industrial solvent products and was the Interested parties may obtain copies of this notice. subject of some of the tests conducted agreements by contacting the C. What Did the DBEs Group under the first two phases of ECA Commission’s Office of Agreements at Recommend Regarding Phase 3 Testing? testing. 202–523–5793 or via e-mail at [email protected]. Interested Following the submission of test List of Subjects parties may submit comments on an results obtained under phase 2 testing, Environmental protection, Chemicals, agreement to the Secretary, Federal the DBEs Group submitted its Hazardous substances, Reporting and Maritime Commission, Washington, DC recommendation in a letter dated May recordkeeping requirements. 20573, within 10 days of the date this 14, 2003, arguing that in vivo dermal notice appears in the Federal Register. penetration rate testing was not needed Dated: August 10, 2005. (See Dibasic Esters Group. Letter Agreement No.: 011383–040. Linda Gerber, Title: Venezuelan Discussion concerning the need for additional Acting Director, Chemical Control Division, Agreement. dermal studies involving DBEs Office of Pollution Prevention and Toxics. Parties: Hamburg-Su¨ d, Seaboard Marine submitted to the TSCA Public Docket [FR Doc. 05–16297 Filed 8–16–05; 8:45 am] Ltd., King Ocean Service de Office, EPA May 14, 2003). The DBEs Venezuela, and SeaFreight Line. Group stated the following in support of BILLING CODE 6560–50–S Filing Party: Wayne R. Rohde, Esq.; Sher its position: ‘‘Since the 14-day dermal & Blackwell LLP; 1850 M Street, NW., study confirmed a lack of systemic Suite 900; Washington, DC 20036. toxicity in rats, and given that the in FEDERAL COMMUNICATIONS Synopsis: The amendment adds vitro dermal study established that COMMISSION provisions dealing with specific DBEs, when applied alone as a single liability for penalties, financial solvent system or as part of a 1:3:1 blend [Report No. 2724] security, and dispute resolution. [DMS:DMG:DMA], penetrated rat skin Agreement No.: 011550–011. significantly faster compared to human Petitions for Reconsideration of Action Title: ABC Discussion Agreement. skin, the DBEs Group has concluded in Rulemaking Proceeding Parties: A.P. Moller-Maersk A/S, that it is unnecessary to conduct Hamburg-Su¨ d, King Ocean Services additional dermal experiments with August 4, 2005. Limited, and SeaFreight Line. DBEs. The DBEs Group does recognize Petitions for Reconsideration have Filing Party: Wayne R. Rohde, Esq.; Sher that had systemic toxicity been noted in been filed in the Commission’s & Blackwell LLP; 1850 M Street, NW., the 14-day dermal study, accompanied Rulemaking proceeding listed in this Suite 900; Washington, DC 20036. by target organ effects, an in vivo dermal Public Notice and published pursuant to Synopsis: The amendment adds study using radio[-]labeled DBE could 47 CFR 1.429(e). The full text of these provisions dealing with specific be justified, exclusive of the in vitro documents is available for viewing and liability for civil penalties and dispute dermal penetration rate differences copying in Room CY–B402, 445 12th resolution. reported for rat and human skin.’’ Street, SW., Washington, DC or may be Agreement No.: 011673–001. purchased from the Commission’s copy Title: Space Charter Agreement Between III. What Will Occur Once Program contractor, Best Copy and Printing, Inc. Review Has Been Completed? Kambara Kisen Co., Ltd. and Mariana (BCPI) (1–800–378–3160). Oppositions Express Lines Limited. The primary outcome of the program to these petitions must be filed by Parties: Kambara Kisen Co., Ltd. and review will be an EPA decision on September 1, 2005. See Section 1.4(b)(1) Mariana Express Lines Limited. whether or not the DBEs Group should of the Commission’s rules (47 CFR Filing Parties: Charles L. Coleman, III, proceed to sponsor in vivo dermal 1.4(b)(1)). Replies to an opposition must Esq.; Holland & Knight LLP; 50 penetration rate testing, and, if so, the be filed within 10 days after the time for California Street, Suite 2800; San specific protocol that would be followed filing oppositions have expired. Francisco, CA 94111. in such testing, including the Subject: In the Matter of the Synopsis: The amendment reduces the identification of the DBEs or DBE Development of Operational, Technical number of slots the parties will mixture to be studied. On completing its and Spectrum Requirements for Meeting exchange and updates Mariana review, including the consideration of Federal, State and Local Public Safety Express’s address.

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Agreement No.: 011705–004. either directly or through a subsidiary or is the theme for this 2006 transportation Title: Grand Alliance-Americana other company, in a nonbanking activity forum. GSA and its partners have Atlantic Agreement. that is listed in § 225.28 of Regulation Y planned educational and instructive Parties: Hapag-Lloyd Container Line (12 CFR 225.28) or that the Board has sessions. Join Traffic Managers, GmbH; Nippon Yusen Kaisha; Orient determined by Order to be closely Relocation Specialists, Freight Overseas Container Line Limited, related to banking and permissible for Specialists, Financial Analysts, Orient Overseas Container Line, Inc., bank holding companies. Unless Contracting Officers, Transportation and Orient Overseas Container Line otherwise noted, these activities will be Policy Specialists, Administrative (Europe) Limited (acting as one party); conducted throughout the United States. Support Personnel, and others managing P&O Nedlloyd Limited/P&O Nedlloyd Each notice is available for inspection or impacting transportation and BV; and CP Ships USA, LLC. at the Federal Reserve Bank indicated. relocation processes within their Filing Party: Wayne R. Rohde, Esq.; Sher The notice also will be available for organizations. Receive the most recent & Blackwell LLP; 1850 M Street, NW., inspection at the offices of the Board of training on freight and household goods Suite 900; Washington, DC 20036. Governors. Interested persons may transportation issues, relocations Synopsis: The amendment changes express their views in writing on the changes and updates, and technology Lykes Lines Limited, LLC’s name to question whether the proposal complies enhancements. Also learn more about CP Ships USA, LLC; deletes TMM with the standards of section 4 of the GSA’s proposed rule that requires Lines Limited, LLC as a party; deletes BHC Act. Additional information on all employees whose duties involve obsolete language; changes the name bank holding companies may be procuring transportation services of the agreement to the Grand obtained from the National Information (including rate tender procurements) to Alliance-CP Ships Atlantic Center website at www.ffiec.gov/nic/. be properly certified and authorized in Agreement; and restates the Unless otherwise noted, comments writing to obligate government funds. agreement. regarding the applications must be Attendees will have the opportunity to Agreement No.: 011798–003. received at the Reserve Bank indicated interface with industry leaders and Title: Atlantic Space Charter Agreement. or the offices of the Board of Governors government experts. Find solutions that Parties: Hapag-Lloyd Container Line; not later than September 9, 2005. create best value for your organization Nippon Yusen Kaisha; Orient A. Federal Reserve Bank of and hear how other agencies were able Overseas Container Line Limited; Minneapolis (Jacqueline G. King, to achieve this goal within their Orient Overseas Container Line Community Affairs Officer) 90 organizations. The vendor exhibits will (Europe) Limited; Orient Overseas Hennepin Avenue, Minneapolis, feature the latest technology, products, Container Line Inc.; P&O Nedlloyd Minnesota 55480-0291: and services. Federal agencies may learn 1. Frandsen Financial Corporation, Limited; P&O Nedlloyd B.V.; CP more about the Household Goods and Arden Hills, Minnesota; to acquire QCF Ships USA LLC; COSCO Container Freight Forum and register at http:// Bancorp, Virginia, Minnesota, and Lines Company, Ltd.; Kawasaki Kisen www.gsa.gov/hhgfrtforum. Industry thereby indirectly acquire Queen City Kaisha, Ltd; Yang Ming (UK) Ltd. registration is at www.promover.org. Federal Savings Bank, Virginia, Filing Counsel: Wayne R. Rohde, Esq.; FOR FURTHER INFORMATION CONTACT: Minnesota, and engage in owning and Sher & Blackwell LLP; 1850 M Street, Lynn Ju, Federal Supply Services, at operating a savings and loan NW., Suite 900; Washington, DC (703) 605–2889, or by email to association, pursuant to section 20036. [email protected]. 225.28(b)(4)(ii) of Regulation Y. Synopsis: The amendment changes Dated: August 8, 2005. Lykes Lines’ name to CP Ships USA, Board of Governors of the Federal Reserve Scott Tiedt, System, August 11, 2005. LLC and deletes TMM Lines as a Chief, Transportation Program Branch. Robert deV. Frierson, party. [FR Doc. 05–16318 Filed 8–16–05; 8:45 am] Deputy Secretary of the Board. Dated: August 12, 2005. BILLING CODE 6820–89–S [FR Doc. 05–16249 Filed 8–16–05; 8:45 am] By Order of the Federal Maritime Commission. BILLING CODE 6210–01–S Bryant VanBrakle, DEPARTMENT OF HEALTH AND Secretary. HUMAN SERVICES GENERAL SERVICES [FR Doc. 05–16317 Filed 8–16–05; 8:45 am] ADMINISTRATION Centers for Disease Control and BILLING CODE 6730–01–U Prevention Office of Transportation and Property Management; The Third Annual AMSA National Institute for Occupational FEDERAL RESERVE SYSTEM and GSA Household Goods and Safety and Health; Meetings Freight Forum Notice of Proposals to Engage in The National Institute for Permissible Nonbanking Activities or AGENCY: Federal Supply Service, Occupational Safety and Health to Acquire Companies that are General Services Administration (NIOSH) of the Centers for Disease Engaged in Permissible Nonbanking ACTION: Notice. Control and Prevention (CDC) Activities announces the following public meeting SUMMARY: The General Services and request for information: The companies listed in this notice Administration (GSA) will hold its third Name: NIOSH Occupational Energy have given notice under section 4 of the annual Household Goods and Freight Research Program Information Sharing Bank Holding Company Act (12 U.S.C. Forum on February 22—23, 2006 at the Meeting. 1843) (BHC Act) and Regulation Y (12 Hyatt Regency, Orange County, Garden Date and Time: October 27, 2005; 9 CFR Part 225) to engage de novo, or to Grove (Anaheim) California. This event a.m.–5 p.m. acquire or control voting securities or is co-sponsored by the American Place: Washington Court Hotel, 525 assets of a company, including the Moving and Storage Association New Jersey Avenue NW., Washington, companies listed below, that engages (AMSA). Creating Best Value Solutions DC 20001.

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Status: Meeting is open to the public, Cincinnati, OH 45226. Written has submitted the following proposed limited only by the space available. comments should be sent to the collection of information to OMB for Background: NIOSH has been attention of Dr. Steven Ahrenholz at the review and clearance. conducting an occupational same NIOSH mailing address or may be Experimental Study of Carbohydrate epidemiologic research program e-mailed to him at [email protected]. addressing potential long term health The Director, Management Analysis Content Claims on Food Labels effects of working in the Department of and Services Office, has been delegated The authority for FDA to collect the Energy (DOE) nuclear weapons complex the authority to sign Federal Register information for this experimental study under a series of Memoranda of notices pertaining to announcements of derives from the Commissioner of Food Understanding (MOUs) with DOE. meetings and other committee and Drugs’ authority, as specified in Establishment of this research program management activities for both the section 903(d)(2) of the Federal Food, began following recommendations of a Centers for Disease Control and Drug, and Cosmetic Act (the act) (21 Secretarial Panel for the Evaluation of Prevention and the Agency for Toxic U.S.C. 393(d)(2)). Epidemiologic Research Activities Substances and Disease Registry. The Nutrition Labeling and Education (SPEERA) for the U.S. Department of Dated: August 10, 2005. Act of 1990 (Public Law 101–535) Energy in 1990. Input from various amended the act. Section 403(r)(1)(A) of stakeholders has been sought since the Alvin Hall, Director, Management Analysis and Services the act (21 U.S.C. 343(r)(1)(A)) was program’s inception including added under these amendments. This organized labor, current and former Office, Centers for Disease Control and Prevention. section states that a food is misbranded workers, DOE site management and [FR Doc. 05–16257 Filed 8–16–05; 8:45 am] if it is a food intended for human contractors, DOE headquarters, consumption which is offered for sale BILLING CODE 4163–18–P academic research partners, the and for which a claim is made on its occupational safety and health label or labeling that expressly or community, various governmental DEPARTMENT OF HEALTH AND implicitly characterizes the level of any agencies, and the general public. A HUMAN SERVICES nutrient of the type required to be document entitled: Agenda for HHS declared as part of nutrition labeling, Public Health Activities (For Fiscal Food and Drug Administration unless such claim uses terms defined in Years 2005–2010) at U.S. Department of regulations by FDA under section [Docket No. 2005N–0120] Energy Sites is accessible at http:// 403(r)(2)(A) of the act. www.cdc.gov/niosh/pdfs/hhsdoe_2005– Agency Information Collection In 1993, FDA published regulations 2010–2.pdf and includes information on that implemented the 1990 completed, ongoing, and proposed Activities; Submission for Office of amendments. Among these regulations, occupational epidemiologic research Management and Budget Review; § 101.13 (21 CFR 101.13) sets forth activities under the DOE–DHHS MOU. Comment Request; Experimental Purpose: This meeting will provide an Study of Carbohydrate Content Claims general principles for nutrient content overview of recently completed work on Food Labels claims (see 56 FR 60421, November 27, conducted under the MOU, outline 1991, and 58 FR 2302, January 6, 1993). AGENCY: Food and Drug Administration, Other regulations in subpart D of part ongoing research activities, summarize HHS. findings and follow-up from a NIOSH 101 (21 CFR part 101, subpart D) define ACTION: Notice. public meeting held July 2004 specific nutrient content claims, such as ‘‘free,’’ ‘‘low,’’ ‘‘reduced,’’ ‘‘light,’’ addressing chronic lymphocytic SUMMARY: The Food and Drug ‘‘good source,’’ ‘‘high,’’ and ‘‘more’’ for leukemia radiogenic research, and Administration (FDA) is announcing discuss plans for future research. different nutrients and calories, and that a proposed collection of identify several synonyms for each of Attendees will have opportunities for information has been submitted to the questions and oral commentary on this the defined terms. In addition, § 101.69 Office of Management and Budget (21 CFR 101.69) establishes the NIOSH research program. Stakeholder (OMB) for review and clearance under feedback and the opportunity to update procedures and requirements for the Paperwork Reduction Act of 1995. petitioning the agency to authorize stakeholders on this research program DATES: Fax written comments on the are two primary objectives of the nutrient content claims. collection of information by September The Food and Drug Administration meeting. Written comments will be 16, 2005. accepted at the meeting and may also be Modernization Act of 1997 (Public Law ADDRESSES: OMB is still experiencing sent to the address for the NIOSH 105–115) amended section 403(r)(2) of significant delays in the regular mail, Health-Related Energy Research Branch the act by adding sections 403(r)(2)(G) including first class and express mail, below. and (r)(2)(H) to permit nutrient content The agenda for this meeting is and messenger deliveries are not being claims based on published authoritative currently being developed. Stakeholders accepted. To ensure that comments on statements by a scientific body when interested in attending may request the information collection are received, FDA is notified of such claims in additional information from the contact OMB recommends that comments be accordance with the requirements person identified below. Written faxed to the Office of Information and established in these sections. comments may also be submitted to the Regulatory Affairs, OMB, Attn: Fumie Current FDA regulations make no address below until November 1, 2005. Yokota, Desk Officer for FDA, FAX: provision for the use of nutrient content Contact Person for More Information: 202–395–6974. claims that characterize the level of Ms. Patty Gudlewski may be contacted FOR FURTHER INFORMATION CONTACT: carbohydrate in foods because FDA has at 513–841–4419 or by e-mail at Peggy Robbins, Office of Management not defined, by regulation, terms for use [email protected]. Programs (HFA–250), Food and Drug in such claims. FDA has been petitioned Addresses: Written requests for Administration, 5600 Fishers Lane, to amend existing food labeling meeting information may be sent to Ms. Rockville, MD 20857, 301–827–1223. regulations to define terms for use in P. Gudlewski; NIOSH–HERB; Mailstop SUPPLEMENTARY INFORMATION: In nutrient content claims characterizing R–44; 4676 Columbia Parkway; compliance with 44 U.S.C. 3507, FDA the level of carbohydrate in foods.

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The purpose of this proposed data the calorie, fat, and fiber content would Foods Council, North American Millers’ collection is to help enhance FDA’s vary to create more and less healthful Association, and the American Bakers understanding of consumer response to product profiles. Total carbohydrate Association; and both the seventh and carbohydrate content claims on food content would also vary. On the eighth comments were from the Calorie labels. More specifically, this Nutrition Facts panel for the soda, the Control Council. experimental study will help answer the sugar content, and therefore total The first comment is related to the following research questions: carbohydrate content and calories, validity of the methodology and 1. Does the presence of a given front would vary. assumptions used by FDA. The panel carbohydrate content claim The proposed experimental study comment indicated that the sample size suggest to consumers that the product is would be conducted online via the for the study is 150,000 households and lower or higher in total carbohydrate, Internet. The sample would be drawn that this sample is too large. calories, and other nutrients (i.e., total from an existing consumer opinion The sample for this study is not fat, fiber, and protein) than the same panel developed and maintained by the households, and it is not 150,000. The product without the claim or with a research firm Synovate. Synovate’s sample size for the study is 10,000 different claim? Internet panel consists of 600,000 consumers. FDA needs this sample size 2. Does the presence of a given front households that have agreed to to conduct sub-analyses within four panel carbohydrate content claim participate in research studies different groups: Consumers who are suggest to consumers who do not view conducted through the Internet. diabetic, nondiabetics who are limiting the Nutrition Facts panel that the food Panel members are recruited by a their carbohydrates, consumers who are is healthier or otherwise more desirable variety of means designed to reflect all trying to consume foods high in than the same product without the segments of the population. They are carbohydrate, and consumers in none of claim or with a different claim? required to have a computer with the previous categories. To identify an 3. Does the presence of a front panel Internet access. Typical panel members adequate number of consumers from carbohydrate content claim suggest to receive three or four invitations per each of these groups for meaningful sub- consumers that the product is healthier month to participate in research analyses, FDA will need to screen the than the same product without a claim projects. Periodically, Synovate gives full Synovate Internet panel, but will or with a different claim despite incentives of small monetary value to not be using the full panel for the study information to the contrary available on panel members for their participation. itself. The screening will be conducted the Nutrition Facts panel? Studies begin with an e-mailed in the context of a quarterly multi-topic 4. Do disclosure statements help invitation to the sampled respondents. consumers to draw appropriate For this proposed study, Synovate’s survey that Synovate e-mails to all of its conclusions about products with Internet panel would be screened for Internet panel members. This data carbohydrate content claims on the front diet status. Twenty-five percent of the collection proposes to include three panel? households in the Internet panel very brief diet status screening The label claims that would be tested (150,000 households) are expected to questions on one of Synovate’s multi- in the proposed study include ‘‘carb- respond to the screening questions. topic surveys. These questions would free,’’ ‘‘low carb,’’ ‘‘x g net carbs,’’ Based on information gathered from the take no more than 36 seconds to ‘‘carbconscious,’’ ‘‘good source of carb,’’ screening process, a sample would be complete. Based on Synovate’s previous and ‘‘excellent source of carb.’’ The drawn to allow for 2,500 participants in experience with this panel, 150,000 study would also include control labels each of 4 groups: (1) Diabetic panel members should reply to the (labels not bearing a claim). Where consumers, (2) consumers who try to eat screening questions. The sample for this relevant, this study would test a diet low in carbohydrate (but who are proposed data collection would be carbohydrate content claims with and not diabetic), (3) consumers who try to drawn from the estimated 150,000 without the following disclosure eat a diet high in carbohydrate, and (4) responses to the screening questions. statements: (1) ‘‘see nutrition consumers who are not part of any of The sample would include roughly information for fat content,’’ (2) ‘‘see the preceding three groups. Assignment 18,000 consumers, of which FDA nutrition information for sugar content,’’ to a condition would be random within projects that 10,000 will complete the and (3) ‘‘not a low calorie food.’’ each of the four groups of consumers. Of study. Participants would see mock food the members of the Internet panel who The second comment addresses ways label images for one of the following respond to the screening questions and to enhance the quality, utility, and three products: (1) A loaf of bread, (2) are selected for the study (18,200 panel clarity of the information to be a can of soda, and (3) a frozen entree. members), 55 percent (10,000 panel collected. The comment argues that the Three products were selected to members) are expected to participate in term total carbohydrate should be understand whether consumer the experiment. changed to exclude fiber. The change perception of carbohydrate content In the Federal Register of April 8, suggested by the comment would make claims changes when the food is a 2005 (70 FR 18032), FDA published a testing a ‘‘net carbohydrate’’ statement traditionally high-carbohydrate, 60-day notice requesting public unnecessary. The commenter would like ubiquitous staple (bread), a beverage comment on the information collection this proposed data collection to include (soda), or a complete meal (frozen provisions. FDA received eight a condition in which total carbohydrate entree). comments on this proposed data is defined with fiber excluded. Half of the participants would see collection. The first comment was from The agency’s goal for this proposed only a front panel with a carbohydrate a citizen; the second was from National data collection is to better understand content claim or a control label not Starch Food Innovation; the third was how consumers perceive a variety of bearing a claim. The other half of the from The Sugar Association; the fourth front panel carbohydrate content claims participants would see both the front was from the American Dietetic and related statements. Testing panel and the back panel, which Association; the fifth was from the consumer response to new definitions includes the Nutrition Facts Grocery Manufacturers of America; the for total carbohydrate on the Nutrition information. In the Nutrition Facts sixth was one combined comment from Facts Panel is outside the scope of this panel for the bread and frozen entree, the Grain Foods Foundation, Wheat data collection.

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The third comment is related to designed to evaluate the response to for total carbohydrates, consumers whether this study would have practical carbohydrate content claims with already find claims for certain types of utility and also poses questions and consumers who only have access to the carbohydrate in the marketplace, such offers ways to enhance the quality, front panel compared to responses to as ‘‘sugar-free’’ and ‘‘good source of utility, and clarity of the information to the same questions from consumers who fiber.’’ To gather meaningful data, the be collected. The comment states that have access to both the front panel and sample for this study, the foods there is no evidence that carbohydrate the full Nutrition Facts information. included as stimuli, and the label claims should be restricted and therefore no Among test conditions, the product must be specific to the issues need to amend current regulations to profiles presented on the Nutrition Facts surrounding carbohydrate content allow carbohydrate content claims on Panel will vary. Some respondents will labeling. Many questions included in food labels. The comment argues that, see a product with a carbohydrate the study protocol, however, may be by extension, there is no need for the content claim on the front and Nutrition appropriate for other labeling studies. proposed data collection. Facts information for a more healthful Conducting this study in-person in The agency disagrees that the study product. Others will see the same actual-use settings would not be should not be undertaken. FDA has package design, with the same claim, practical and poses methodological received petitions asking the agency to but the Nutrition Facts information will challenges. Consumers use labels while amend existing regulations to permit be for a less healthful product; (3) The shopping, at home, and in other carbohydrate content claims on food proposed study is designed to evaluate settings. Collecting data in these settings labels. This proposed data collection consumer response to claims when the with an adequate sample for the would be used to enhance the agency’s front panel also includes a disclosure proposed analysis would increase the understanding of consumer response to statement and when it does not include costs of the study and increase such claims and, therefore, provide such a statement. The statements respondent burden. In addition, context for the agency’s response to the included in the study would be ‘‘see consumers may alter their typical petitions. nutrition information for fat content,’’ behavior when being tracked by a data The third comment also addresses ‘‘see nutrition information for sugar collector while shopping or being four methodological issues as follows: content,’’ and ‘‘not a low-calorie food.’’ watched in their home as they prepare (1) The comment argues that These statements will appear on the test foods. The methodology proposed for respondents should evaluate several labels with the prominence defined in this study is appropriate for meeting the aspects of the products included in the regulation (21 CFR 101.13(h)(4)(i)); (4) research objective of evaluating how study and that respondents should Modifications to serving size do not consumers react to different labeling evaluate the test products relative to drive consumer understanding of the alternatives for carbohydrate content similar products; (2) This comment claims themselves and are outside the claims. The study design and questions whether the study can scope of this data collection. performance tasks selected will require demonstrate whether consumers making The fourth comment expresses consumers to make judgments based on real-life nutrition decisions would agreement with the objectives and content claims and other nutrition facts. review the Nutrition Facts information research questions associated with this The statistical analysis of the data will when the front panel includes a data collection. The comment then determine whether carbohydrate carbohydrate content claim; (3) The addresses ways to enhance the utility of labeling options provide consumers comment argues that understanding the information collected. The comment with the information needed to make consumer response to qualifying requests that FDA’s consumer research accurate decisions. information on the front panel is on labeling issues be more general, The fifth comment addresses ways to important because products may be rather than focused on one nutrient. The enhance the quality, utility, and clarity reformulated to meet guidelines for a comment also suggests that consumer of the information to be collected. The carbohydrate content claim. The research include in-person observation comment suggests that the questions reformulated products may make in actual-use settings. included in the protocol be substitutions, like removing sugar and FDA believes that it is necessary for straightforward and specific. The adding fat. The comment argues that this study to focus on carbohydrate comment expresses concern about using equally prominent information related claims, rather than on labeling issues in terms like ‘‘healthier’’ or ‘‘more to modifications is important to ensure general, in order to best inform the desirable.’’ The comment recommends consumers are not misled. The comment agency about how consumers may react that the study labels include disclosure suggests a statement such as ‘‘Reduced to these content claims on food labels. statements for fat only when the carbohydrate, ll% fewer calories, Total carbohydrate claims are unique nutrition profile of the product would ll% more fat;’’ and (4) The comment from other nutrient content claims for require such a statement under the suggests that the study should evaluate two reasons. First, petitioners have current regulations. The comment consumer response to carbohydrate requested authorization for both ‘‘low’’ disagrees with the testing of a sugar content claims based on modifications and ‘‘good source’’ claims for total disclosure due to the lack of a daily to serving size. carbohydrate. Currently, no nutrient is value for sugar on which to base such In response to the methodological authorized for both ‘‘low’’ and ‘‘good a statement. The comment also issues raised in the third comment the source’’ claims. Second, the 2005 U.S. expresses support for testing following will occur: (1) The proposed Dietary Guidelines provide carbohydrate content claims with a ‘‘not study questions do ask respondents to recommendations to consumers related a low calorie food’’ disclosure, but evaluate several aspects of the test to types of carbohydrate to choose and considers a declaration of calories per product and to consider the test product other types of carbohydrate to limit. For serving or ‘‘see nutrition information for relative to another, similar product; (2) example, the Guidelines recommend calorie content’’ better options to Several design features will help the that consumers choose fiber-rich emphasize the importance of calories. agency understand whether consumers produce and whole grains often and that Finally, the comment requests that the might take into consideration they limit foods with added sugar or agency make available the definitions of information that is not part of the front caloric sweeteners. Although FDA has the carbohydrate claims prior to panel. The proposed data collection is not authorized nutrient content claims conducting this study. The agency

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agrees that the questions should be are made on products that are not low who view the Nutrition Facts Panel for straightforward and specific and calorie. The experimental study looks at the bread will see a higher-fiber, lower- designed them with those objectives in ranges of carbohydrate content levels for fat bread, while others see a lower-fiber, the forefront. The terms ‘‘healthier’’ and the products to explore differences in higher-fat bread. The analysis will ‘‘more desirable’’ are not included consumer reaction. evaluate the differences in perception of among the study questions. Use of a fat The sixth comment argues that the the claims when the nutrient profile content disclosure statement in this study methods are sound and suggests suggests a more healthful versus a less study will be consistent with current ways to enhance quality, utility, and healthful product. regulations (21 CFR 101.13(h)(1)). The clarity of the information to be The seventh comment and eighth sugar disclosure used in this proposed collected. The comment suggests comments address the quality, utility, study would accompany a ‘‘good source substituting the soda and frozen dinner and clarity of the information to be of carb’’ claim. In the study, the stimuli with pasta, cereal, orange juice collected. The comments request that disclosure would appear on a product or any fruit. The comment does not offer this data collection test changes to the with ‘‘good source of carb’’ on the front a reason for these preferences. The carbohydrate section of the Nutrition panel and information in the Nutrition comment also proposes testing white Facts Panel. One of these comments Facts box that indicates that most of the bread and whole grain bread as separate requests that fiber and sugar alcohols be carbohydrate in the product is sugars. products. listed separately from other The goal of this test is to better The three products proposed for this carbohydrates. The other of the understand how consumers react to a study were selected to understand comments proposes moving ‘‘good source of carb’’ claim on a whether consumer perception of carbohydrates with reduced caloric product high in sugar and low in other carbohydrate content claims varies value from the carbohydrate listing on carbohydrates. The agency disagrees when the claim is on a label for a the Nutrition Facts Panel and adding a with the comment’s suggestion to test a traditionally high-carbohydrate staple listing called ‘‘low calorie ingredients,’’ declaration of calories per serving or (bread), a beverage (soda), and a which would include the subheadings ‘‘see nutrition information for calorie complete meal (frozen dinner). The listings ‘‘fiber’’ and ‘‘other.’’ content’’ in lieu of ‘‘not a low calorie agency does not agree that any of the Evaluating any proposed changes to food.’’ The agency considers the substitutions suggested in the comment the Nutrition Facts Panel is outside the statement ‘‘not a low calorie food’’ to be would improve the study. The label for scope of this data collection. This data an appropriate, explicit statement to the bread does not indicate whether it collection is designed to evaluate make consumers more aware of calories. is white, wheat, or another grain. consumer understanding of The disclosure ‘‘not a low calorie food’’ Consumers will view a label claim on carbohydrate claims on the front panel. is currently seen by consumers in the the front panel for bread labeled simply FDA estimates the burden of the marketplace when ‘‘sugar-free’’ claims ‘‘home-style.’’ Some of the respondents collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Re- Annual Frequency per Total Annual Re- Activity spondents Response sponses Hours per Response Total Hours

Cognitive Interviews 9 1 9 0.5 5

Pretest 150 1 150 0.17 26

Screener 150,000 1 150,000 0.01 1,500

Experiment 10,000 1 10,000 0.12 1,200

Total 2,731 1There are no capital costs or operating and maintenance costs associated with this collection of information.

These estimates are based on FDA’s to take each respondent 36 seconds to DEPARTMENT OF HEALTH AND experience with previous consumer complete. HUMAN SERVICES studies. The cognitive interviews are The experiment would be conducted Food and Drug Administration designed to ensure that the questions with 10,000 panel members. The are worded as clearly as possible to experiment is predicted to take each [Docket Nos. 2005C–0302, 2005C–0303, and consumers. The cognitive interviews respondent approximately 7 minutes to 2005C–0304] would take each respondent 30 minutes complete. to complete. The pretest of the final CIBA Vision Corp.; Filing of Color questionnaire is designed to minimize Dated: August 9, 2005. Additive Petitions potential problems in the administration Jeffrey Shuren, AGENCY: of the interviews. The pretest is Assistant Commissioner for Policy. Food and Drug Administration, HHS. predicted to take each respondent [FR Doc. 05–16242 Filed 8–16–05; 8:45 am] ACTION: Notice. approximately 10 minutes to complete. BILLING CODE 4160–01–S The screener would be sent via the SUMMARY: The Food and Drug Internet to the entire 600,000-household Administration (FDA) is announcing Internet panel, of which 25 percent that CIBA Vision Corp. has filed three (150,000 households) are predicted to petitions proposing that the color respond. The brief screener is predicted additive regulations be amended to

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provide for the safe use of Color Index Mammography Quality Assurance of products under review. The (C.I.) Pigment Violet 19, C.I. Pigment Advisory Committee (NMQAAC) in the consumer representative must be able to Yellow 154, and C.I. Pigment Red 122 Center for Devices and Radiological represent the consumer perspective on as color additives in contact lenses. Health (CDRH). FDA has a special issues and actions before the advisory FOR FURTHER INFORMATION CONTACT: interest in ensuring that women, committee; serve as a liaison between Regarding CAPs 5C0278 and 5C0280: minority groups, and individuals with the committee and interested Celeste Johnston, Center for Food disabilities are adequately represented consumers, associations, coalitions, and Safety and Applied Nutrition (HFS– on advisory committees and, therefore, consumer organizations; and facilitate 265), Food and Drug encourages nominations of qualified dialogue with the advisory committees Administration, 5100 Paint Branch candidates from these groups. on scientific issues that affect Pkwy., College Park, MD 20740– DATES: Nominations will be accepted consumers. 3835, 301–436–1282. through January 31, 2006. Regarding CAP 5C0279: Harold ADDRESSES: All nominations should be III. Selection Procedures Woodall, Center for Food Safety sent to the contact person listed in the and Applied Nutrition (HFS–206), Selection of members representing FOR FURTHER INFORMATION CONTACT consumer interests is conducted Food and Drug Administration, section of this document. 5100 Paint Branch Pkwy., College through procedures that include use of FOR FURTHER INFORMATION CONTACT: Park, MD 20740–3835, 301–436– organizations representing the public Michael Ortwerth, Advisory Committee 1259. interest and consumer advocacy groups. Oversight and Management Staff (HF– The organizations have the SUPPLEMENTARY INFORMATION: Under the 4), Food and Drug Administration, 5600 Federal Food, Drug, and Cosmetic Act Fishers Lane, Rockville, MD 20857, e- responsibility of recommending (sec. 721(d)(1) (21 U.S.C. 379e(d)(1))), mail: [email protected]. candidates of the agency’s selection. notice is given that three color additive SUPPLEMENTARY INFORMATION: FDA is IV. Nomination Procedures petitions (CAP 5C0278, Docket No. requesting nominations for voting 2005C–0302; CAP 5C0279, Docket No. consumer representatives to serve on All nominations must include a cover 2005C–0303; CAP 5C0280, Docket No. the NMQAAC. letter, a curriculum vita or resume 2005C–0304) have been filed by CIBA (which should include nominee’s office Vision Corp., 11460 Johns Creek Pkwy., I. Functions of NMQAAC address, telephone number, and e-mail Duluth, GA 30097–1556. The petitions The functions of the committee are to address), and a list of consumer or propose to amend the color additive advise FDA on the following topics: (1) community-based organizations for regulations in 21 CFR part 73 to provide Developing appropriate quality which the candidate can demonstrate for the safe use of C.I. Pigment Violet 19 standards and regulations for active participation. (CAP 5C0278), C.I. Pigment Yellow 154 mammography facilities; (2) developing Any interested person or organization (CAP 5C0279), and C.I. Pigment Red 122 appropriate standards and regulations (CAP 5C0280), as color additives in for bodies accrediting mammography may nominate one or more qualified contact lenses. facilities under this program; (3) persons for membership on the The agency has determined under 21 developing regulations with respect to NMQAAC to represent consumer CFR 25.32(l) that this action is of a type sanctions; (4) developing procedures for interests. Self-nominations are also that does not individually or monitoring compliance with standards; accepted. Nominations shall include cumulatively have a significant effect on (5) establishing a mechanism to complete curriculum vitae of each the human environment. Therefore, investigate consumer complaints; (6) nominee, current business address and neither an environmental assessment reporting new developments concerning telephone number, and shall state that nor an environmental impact statement breast imaging which should be the nominee is aware of the nomination, is required. considered in the oversight of is willing to serve as a member, and Dated: July 22, 2005. mammography facilities; (7) appears to have no conflict of interest Laura M. Tarantino, determining whether there exists a that would preclude membership. FDA Director, Office of Food Additive Safety, shortage of mammography facilities in will ask the potential candidates to Center for Food Safety and Applied Nutrition. rural and health professional shortage provide detailed information concerning [FR Doc. 05–16332 Filed 8–16–05; 8:45 am] areas and determining the effects of such matters as financial holdings, BILLING CODE 4160–01–S personnel on access to the services of employment, and research grants and/or such facilities in such areas; (8) contracts to permit evaluation of determining whether there will exist a possible sources of conflict of interest. DEPARTMENT OF HEALTH AND sufficient number of medical physicists The term of office is up to 4 years, HUMAN SERVICES after October 1, 1999; and (9) depending on the appointment date. determining the costs and benefits of Food and Drug Administration compliance with these requirements. This notice is issued under the Federal Advisory Committee Act (5 Request for Nominations for Voting II. Criteria for Members U.S.C. app. 2) and 21 CFR part 14, Consumer Representative Members on Persons nominated for membership relating to advisory committees. Public Advisory Committees on the committee as a consumer Dated: August 10, 2005. representative must meet the following AGENCY: Food and Drug Administration, Scott Gottlieb, criteria: (1) Must be from among HHS. Deputy Commissioner for Policy. ACTION: Notice. national breast cancer or consumer health organization with expertise in [FR Doc. 05–16330 Filed 8–16–05; 8:45 am] SUMMARY: The Food and Drug mammography, (2) be able to analyze BILLING CODE 4160–01–S Administration (FDA) is requesting technical data, (3) understand research nominations for voting consumer design, (4) discuss benefits and risks, representatives to serve on the National and (5) evaluate the safety and efficacy

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DEPARTMENT OF HEALTH AND By letter dated July 6, 2005, Abbott Contact Person: Johanna M. Clifford, HUMAN SERVICES Laboratories (Abbott) requested that Center for Drug Evaluation and Research FDA extend the date for submission of (HFD–21), Food and Drug Food and Drug Administration comments. Abbott requested the Administration, 5600 Fishers Lane (for [Docket No. 2005N–0137] extension to give interested parties the express delivery, 5630 Fishers Lane, rm. opportunity to comment meaningfully 1093), Rockville, MD 20857, 301–827– Levothyroxine Sodium Therapeutic on the matters discussed at the meeting. 7001, FAX: 301–827–6776, e-mail: Equivalence; Public Meeting; The transcript became available on July [email protected], or FDA Advisory Reopening of Comment Period 12, 2005. Committee Information Line, 1–800– FDA has decided to reopen the 741–8138 (301–443–0572 in the AGENCY: Food and Drug Administration, comment period until September 23, Washington, DC area), code HHS. 2005. 3014512542. Please call the Information ACTION: Notice of public meeting; II. Comments Line for up-to-date information on this reopening of comment period. meeting. When available, background Interested persons may submit to the materials for this meeting will be posted SUMMARY: The Food and Drug Division of Dockets Management (see 1 business day before the meeting on Administration (FDA) is reopening until ADDRESSES) written or electronic FDA’s Web site at http://www.fda.gov/ September 23, 2005, the comment comments on the topics discussed at the ohrms/dockets/ac/acmenu.htm. (Click period for the May 23, 2005, public May 23, 2005, meeting. Submit two on the year 2005 and scroll down to meeting on the therapeutic equivalence copies of mailed comments, except that Oncologic Drugs Advisory Committee.) of levothyroxine sodium drug products individuals may submit one paper copy. Agenda: On September 13, 2005, the that was announced in the Federal Comments are to be identified with the committee will discuss the following: Register of April 20, 2005 (70 FR docket number found in brackets in the (1) New drug application (NDA) 21–491, 20574). The public meeting included heading of this document. Received proposed trade name XINLAY FDA staff and representatives of three comments are available for public (atrasentan hydrochloride) Capsules, medical societies: The American examination in the Division of Dockets Abbott Laboratories, proposed Thyroid Association (ATA), the Management between 9 a.m. and 4 p.m., indication for the treatment of men with Endocrine Society, and the American Monday through Friday. metastatic hormone-refractory prostate Association of Clinical Endocrinologists III. Transcript cancer; and (2) NDA 21–743, S003, (AACE). FDA is taking this action in TARCEVA (erlotinib) Tablets, OSI response to a request for an extension. The transcript of the May 23, 2005, Pharmaceuticals Inc., proposed DATES: Submit written or electronic meeting is available on FDA’s Web site indication for the first-line treatment, in comments on or before September 23, at http://www.fda.gov/cder/meeting/ combination with gemcitabine, of 2005. levothyroxine2005.htm. patients with locally advanced, ADDRESSES: Submit written comments Dated: August 10, 2005. unresectable or metastatic pancreatic to the Division of Dockets Management Jeffrey Shuren, cancer. On September 14, 2005, the (HFA–305), Food and Drug Assistant Commissioner for Policy. committee will discuss the following: Administration, 5630 Fishers Lane, rm. [FR Doc. 05–16241 Filed 8–16–05; 8:45 am] (1) NDA 21–880, proposed trade name 1061, Rockville, MD 20852. Submit BILLING CODE 4160–01–S REVLIMID (lenalidomide), Celgene electronic comments to http:// Corp., proposed indication for the www.fda.gov/dockets/ecomments. treatment of patients with transfusion- dependent anemia due to low-or FOR FURTHER INFORMATION CONTACT: Rose DEPARTMENT OF HEALTH AND intermediate–1–risk myelodysplastic Cunningham, Center for Drug HUMAN SERVICES syndromes associated with a deletion 5q Evaluation and Research (HFD–006), Food and Drug Administration cytogenetic abnormality with or without Food and Drug Administration, 5600 additional cytogenetic abnormalities; Fishers Lane, Rockville, MD 20852, Oncologic Drugs Advisory Committee; and (2) NDA 21–877, proposed trade 301–443–5595, e-mail: Notice of Meeting name ARRANON (nelarabine) Injection, [email protected]. AGENCY: Food and Drug Administration, GlaxoSmithKline, proposed indication SUPPLEMENTARY INFORMATION: HHS. for the treatment of patients with T-cell acute lymphoblastic leukemia and T- I. Background ACTION: Notice. cell lymphoblastic lymphoma whose On May 23, 2005, FDA cosponsored a This notice announces a forthcoming disease has not responded to, or has public meeting on the therapeutic meeting of a public advisory committee relapsed with, at least two equivalence of levothyroxine sodium of the Food and Drug Administration chemotherapy regimens. drug products. The meeting included (FDA). The meeting will be open to the Procedure: Interested persons may FDA staff and representatives of three public. present data, information, or views, medical societies: The ATA, the Name of Committee: Oncologic Drugs orally or in writing, on issues pending Endocrine Society, and the AACE. The Advisory Committee. before the committee. Written purpose of the meeting was to discuss General Function of the Committee: submissions may be made to the contact FDA’s regulatory standards and To provide advice and person by September 2, 2005. Oral methodological approaches for recommendations to the agency on presentations from the public will be determining therapeutic equivalence FDA’s regulatory issues. scheduled between approximately 10:30 between levothyroxine sodium drug Date and Time: The meeting will be a.m. to 11 a.m., and 2:30 p.m. to 3 p.m. products. FDA asked interested held September 13, 2005, from 8 a.m. to on both days. Time allotted for each constituencies, including patient 5 p.m. and on September 14, 2005, from presentation may be limited. Those advocacy and education groups, and 8 a.m. to 5 p.m. desiring to make formal oral pharmaceutical sponsors, to submit Location: Holiday Inn, The Ballrooms, presentations should notify the contact comments by July 23, 2005. 8120 Wisconsin Ave., Bethesda, MD. person before September 2, 2005, and

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submit a brief statement of the general Lane, Room 11C–26, Rockville, MD Table but which was caused by’’ one of nature of the evidence or arguments 20857; (301) 443–6593. the vaccines referred to in the Table, or they wish to present, the names and SUPPLEMENTARY INFORMATION: The (b) ‘‘Sustained, or had significantly addresses of proposed participants, and Program provides a system of no-fault aggravated, any illness, disability, an indication of the approximate time compensation for certain individuals injury, or condition set forth in the requested to make their presentation. who have been injured by specified Vaccine Injury Table the first symptom Persons attending FDA’s advisory childhood vaccines. Subtitle 2 of Title or manifestation of the onset or committee meetings are advised that the XXI of the PHS Act, 42 U.S.C. 300aa– significant aggravation of which did not agency is not responsible for providing 10 et seq., provides that those seeking occur within the time period set forth in access to electrical outlets. compensation are to file a petition with the Table but which was caused by a FDA welcomes the attendance of the the U.S. Court of Federal Claims and to vaccine’’ referred to in the Table. public at its advisory committee serve a copy of the petition on the This notice will also serve as the meetings and will make every effort to Secretary of Health and Human special master’s invitation to all accommodate persons with physical Services, who is named as the interested persons to submit written disabilities or special needs. If you respondent in each proceeding. The information relevant to the issues require special accommodations due to Secretary has delegated his described above in the case of the a disability, please contact Johanna responsibility under the Program to petitions listed below. Any person Clifford at 301–827–7001, at least 7 days HRSA. The Court is directed by statute choosing to do so should file an original in advance of the meeting. to appoint special masters who take and three (3) copies of the information Notice of this meeting is given under evidence, conduct hearings as with the Clerk of the U.S. Court of the Federal Advisory Committee Act (5 appropriate, and make initial decisions Federal Claims at the address listed U.S.C. app. 2). as to eligibility for, and amount of, above (under the heading ‘‘For Further compensation. Information Contact’’), with a copy to Dated: August 10, 2005. HRSA addressed to Acting Director, Scott Gottlieb, A petition may be filed with respect to injuries, disabilities, illnesses, Division of Vaccine Injury Deputy Commissioner for Policy. conditions, and deaths resulting from Compensation Program, Healthcare [FR Doc. 05–16331 Filed 8–16–05; 8:45 am] vaccines described in the Vaccine Injury Systems Bureau, 5600 Fishers Lane, BILLING CODE 4160–01–S Table (the Table) set forth at Section Room 11C–26, Rockville, MD 20857. 2114 of the PHS Act or as set forth at The Court’s caption (Petitioner’s Name 42 CFR 100.3, as applicable. This Table v. Secretary of Health and Human DEPARTMENT OF HEALTH AND Services) and the docket number HUMAN SERVICES lists for each covered childhood vaccine the conditions which may lead to assigned to the petition should be used compensation and, for each condition, as the caption for the written Health Resources and Services submission. Chapter 35 of title 44, Administration the time period for occurrence of the first symptom or manifestation of onset United States Code, related to National Vaccine Injury Compensation or of significant aggravation after paperwork reduction, does not apply to Program; List of Petitions Received vaccine administration. Compensation information required for purposes of may also be awarded for conditions not carrying out the Program. AGENCY: Health Resources and Services listed in the Table and for conditions 1. Timothy Millet on behalf of Joshua Administration, HHS. that are manifested outside the time Millet, Boston, Massachusetts, Court of Federal Claims Number 05–0426V ACTION: Notice. periods specified in the Table, but only 2. Diane Conoly on behalf of Sharp if the petitioner shows that the Conoly, Boston, Massachusetts, Court SUMMARY: The Health Resources and condition was caused by one of the of Federal Claims Number 05–0427V Services Administration (HRSA) is listed vaccines. publishing this notice of petitions 3. Elizabeth Thomassen on behalf of Section 2112(b)(2) of the PHS Act, 42 Aeryn Thomassen, Boston, received under the National Vaccine U.S.C. 300aa–12(b)(2), requires that the Injury Compensation Program (‘‘the Massachusetts, Court of Federal Secretary publish in the Federal Claims Number 05–0428V Program’’), as required by Section Register a notice of each petition filed. 2112(b)(2) of the Public Health Service 4. Michael Collins on behalf of Jacob Set forth below is a list of petitions Collins, Boston, Massachusetts, Court (PHS) Act, as amended. While the received by HRSA on April 1, 2005, Secretary of Health and Human Services of Federal Claims Number 05–0429V through June 30, 2005. 5. Lane Massey on behalf of Jennifer is named as the respondent in all Section 2112(b)(2) also provides that Massey, Boston, Massachusetts, Court proceedings brought by the filing of the special master ‘‘shall afford all of Federal Claims Number 05–0430V petitions for compensation under the interested persons an opportunity to 6. Tasha Randall on behalf of Dorion Program, the United States Court of submit relevant, written information’’ Johnson, Boston, Massachusetts, Federal Claims is charged by statute relating to the following: Court of Federal Claims Number 05– with responsibility for considering and 1. The existence of evidence ‘‘that 0431V acting upon the petitions. there is not a preponderance of the 7. Brenda McLain on behalf of Cayden FOR FURTHER INFORMATION CONTACT: For evidence that the illness, disability, McLain, Boston, Massachusetts, Court information about requirements for injury, condition, or death described in of Federal Claims Number 05–0432V filing petitions, and the Program in the petition is due to factors unrelated 8. Johnielle Barren on behalf of Jonathan general, contact the Clerk, United States to the administration of the vaccine Chandler Barren, Mobile, Alabama, Court of Federal Claims, 717 Madison described in the petition,’’ and Court of Federal Claims Number 05– Place, NW., Washington, DC 20005, 2. Any allegation in a petition that the 0433V (202) 357–6400. For information on petitioner either: 9. Nahid Ramezani and Amir Poushangi HRSA’s role in the Program, contact the (a) ‘‘Sustained, or had significantly on behalf of Rashim Poushangi, Acting Director, National Vaccine Injury aggravated, any illness, disability, Baltimore, Maryland, Court of Federal Compensation Program, 5600 Fishers injury, or condition not set forth in the Claims Number 05–0435V

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10. Lisa and Richard Wells on behalf of 28. August Stefkovich on behalf of 46. Shirley Persad on behalf of Dimitrios Timothy Wells, New Orleans, Natalia Stefkovich, Boston, Dounis, Catskill, New York, Court of Louisiana, Court of Federal Claims Massachusetts, Court of Federal Federal Claims Number 05–0512V Number 05–0436V Claims Number 05–0471V 47. Lydia Jakymowych on behalf of 11. Karen Tiufekchiev, Vienna, Virginia, 29. Shannon and Robert Tinnell on Alexander Jakymowych, Boston, Court of Federal Claims Number 05– behalf of John F.O. Tinnell, Massachusetts, Court of Federal 0437V Charlestown, West Virginia, Court of Claims Number 05–0518V 12. Keri Lynn Kooi, Indianapolis, Federal Claims Number 05–0473V 48. Mary Rose O’Connell on behalf of Indiana, Court of Federal Claims 30. Linda and Robert Ruckert on behalf Matthew Glickstein, Boston, Number 05–0438V of David Ruckert, Somers Point, New Massachusetts, Court of Federal 13. Ellyn Weston and Michael Jersey, Court of Federal Claims Claims Number 05–0519V Coopersmith on behalf of Noah Simon Number 05–0476V 49. John Dunn on behalf of Sean Dunn, Coopersmith, Lake Success, New 31. Lily Chau on behalf of Darian Chau, Boston, Massachusetts, Court of York, Court of Federal Claims Number Monterey Park, California, Court of Federal Claims Number 05–0520V 50. Lisa Beck on behalf of Joshua Beck, 05–0442V Federal Claims Number 05–0480V 14. Deborah and Kevin Murphy on Boston, Massachusetts, Court of 32. Bethie Simens on behalf of Kenney behalf of Brandon Michael Murphy, Federal Claims Number 05–0521V Mayard, West Palm Beach, Florida, Lake Success, New York, Court of 51. Lydia Jakymowych on behalf of Court of Federal Claims Number 05– Federal Claims Number 05–0443V Michael Jakymowych, Boston, 15. Jeanne and Kenneth Watnilk on 0481V Massachusetts, Court of Federal behalf of Frank Watnilk, Glendale, 33. Genevieve and Robert Kumapley on Claims Number 05–0522V California, Court of Federal Claims behalf of Nicholas Kumapley, Somers 52. Joshua Cameron on behalf of Jacob Number 05–0444V Point, New Jersey, Court of Federal Cameron, Boston, Massachusetts, 16. Korinn D. Eldredge, Boise, Idaho, Claims Number 05–0482V Court of Federal Claims Number 05– Court of Federal Claims Number 05– 34. Dayna and Robert Hoff on behalf of 0523V 0445V Garret Hoff, La Mesa, California, Court 53. Maria and Rudolfo Torres on behalf 17. Bettie Jo and Timothy Ray Smith on of Federal Claims Number 05–0486V of Anaceli Torres, Union City, New behalf of Owen Robert Anson Smith, 35. Paula and Douglas Petit on behalf of Jersey, Court of Federal Claims New York, New York, Court of Samuel Petit, Minneapolis, Number 05–0529V Federal Claims Number 05–0446V Minnesota, Court of Federal Claims 54. Daniel Pitt on behalf of Damien Pitt, 18. Karen and Joseph Chu on behalf of Number 05–0487V Seattle, Washington, Court of Federal Robert Chu, Stevenson Ranch, 36. Richelle Christopherson on behalf of Claims Number 05–0530V California, Court of Federal Claims Trevor Christopherson, Cameron Park, 55. Minerva and Dennis Bailey on Number 05–0449V California, Court of Federal Claims behalf of Derek Bailey, Pembroke 19. Janara and Gene Itov on behalf of Number 05–0492V Pines, Florida, Court of Federal Jeffrey Itov, Flemington, New Jersey, 37. Paula and Lusi Perez on behalf of Claims Number 05–0531V Court of Federal Claims Number 05– Elena Isabel Perez, Marietta, Georgia, 56. Howard Baumgartner on behalf of 0453V Court of Federal Claims Number 05– Tyler Baumgartner, Philadelphia, 20. Susan and Richard Garbutt on behalf 0493V Pennsylvania, Court of Federal Claims of Erica Garbutt, Newport Beach, 38. Peter Church, South Burlington, Number 05–0535V California, Court of Federal Claims Vermont, Court of Federal Claims 57. Harriett and John Lewis Hart on Number 05–0459V Number 05–0496V behalf of Donovan Charles Hart, 21. Courtney Lugaro on behalf of Grace 39. Cheri Hessinger on behalf of Shane Yardley, Pennsylvania, Court of Lugaro, Philadelphia, Pennsylvania, Hessinger, Chicago, Illinois, Court of Federal Claims Number 05–0536V Court of Federal Claims Number 05– Federal Claims Number 05–0497V 58. Pamela Evans on behalf of Grace 0460V 40. Katie and Chris French on behalf of Evans, Boston, Massachusetts, Court of Federal Claims Number 05–0538V 22. Courtney Lugaro on behalf of Luke Zack Thomas French, Decatur, Texas, Lugaro, Philadelphia, Pennsylvania, 59. Lloyd Zucker on behalf of Landon Court of Federal Claims Number 05– Court of Federal Claims Number 05– Zucker, Boston, Massachusetts, Court 0498V 0461V, of Federal Claims Number 05–0539V 23. Brian Selfridge on behalf of 41. Katie and Chris French on behalf of 60. Patricia McGarry on behalf of Ryan Benjamin Selfridge Somers Point, Justin Rig French, Decatur, Texas, McGarry, Boston, Massachusetts, New Jersey, Court of Federal Claims Court of Federal Claims Number 05– Court of Federal Claims Number 05– Number 05–0464V, 0499V 0540V 24. Frank Forcinito on behalf of Kyle 42. Tracy and Lawrence Pritchard on 61. Patricia and Ernest Zarro on behalf Forcinito, Somers Point, New Jersey, behalf of Zabort Pritchard, Kingsport, of Daniel Zarro, Ossining, New York, Court of Federal Claims Number 05– Tennessee, Court of Federal Claims Court of Federal Claims Number 05– 0465V Number 05–0502V 0542V 25. Amy Wilkins on behalf of Ryan 43. Mary Miller on behalf of Michael 62. Heather and Alex Short on behalf of Wilkins, Powder Springs, Georgia, Matthew Miller, Omaha, Nebraska, Jaydon Short, Salt Lake City, Utah, Court of Federal Claims Number 05– Court of Federal Claims Number 05– Court of Federal Claims Number 05– 0467V 0504V 0546V 26. Laura and Robert Theriot on behalf 44. Susan and Wein Lee King on behalf 63. James Irving Pearson on behalf of of Thomas Daniel Theriot, Houston, of Bradley Skyler King, Stuart, Logan James Pearson, Eagle Point, Texas, Court of Federal Claims Florida, Court of Federal Claims Oregon, Court of Federal Claims Number 05–0469V Number 05–0509V Number 05–0553V 27. Jodie Harker-Lee on behalf of 45. Nancy Potts on behalf of William 64. Elisabeth Francis on behalf of Joshua Chance Harker, Boston, Andrew Potts, Somers Point, New Francis, Gardnerville, New York, Massachusetts, Court of Federal Jersey, Court of Federal Claims Court of Federal Claims Number 05– Claims Number 05–0470V Number 05–0510V 0554V

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65. Elisabeth Francis on behalf of Rachel 85. Kim Johnston, Round Rock, Texas, 104. Cynthia and Timothy Connors on Francis, Gardnerville, New York, Court of Federal Claims Number 05– behalf of Gavin Connors, Hampden, Court of Federal Claims Number 05– 0599V Massachusetts, Court of Federal 0555V 86. Mercedes Summers on behalf of Claims Number 05–0671V 66. Christine and Patrick Mulvaney on Jordan Mayville, Somers Point, New 105. Aline and James Malinowski on behalf of Daniel Mulvaney, Oveido, Jersey, Court of Federal Claims behalf of James Korben Malinowski, Florida, Court of Federal Claims Number 05–0600V Somers Point, New Jersey, Court of Number 05–0556V 87. Teresa Mae Wade-Coursin on behalf Federal Claims Number 05–0672V 67. Kevin Johnson, Joplin, Missouri, of Bryce S-H Wade-Coursin, Alliance, 106. Nancie Abston and Jason Fairchild Court of Federal Claims Number 05– Ohio, Court of Federal Claims on behalf of Alexander James 0557V Number 05–0601V Fairchild, Deceased, Springfield, 68. Lee Ann and Stephen Kay on behalf 88. Sheila and Dan Graham on behalf of Ohio, Court of Federal Claims of Macklin Kay, Boston, Gavin Lynch Graham, Salisbury, Number 05–0673V Massachusetts, Court of Federal North Carolina, Court of Federal 107. Terry and Kim McMillan on behalf Claims Number 05–0562V Claims Number 05–0603V of Terry Michael McMillan, Salisbury, 69. William Bryan on behalf of Lily 89. Pamela and Joseph Doyle on behalf North Carolina, Court of Federal Bryan, Austin, Texas, Court of Federal of Katelyn Doyle, Raleigh, North Claims Number 05–0678V Claims Number 05–0566V Carolina, Court of Federal Claims 108. Elizabeth Vataker on behalf of Erik 70. Christine and Bruce Hopkins on Number 05–0605V Vataker, Weston, Florida, Court of behalf of Alex Hopkins, Melbourne, 90. Jennifer Hadsell on behalf of Federal Claims Number 05–0679V Florida, Court of Federal Claims Mitchell Hadsell, Boston, 109. Mary Ann Sherman, San Diego, Number 05–0568V Massachusetts, Court of Federal California, Court of Federal Claims 71. Tina and Bryan Long on behalf of Claims Number 05–0609V Number 05–0680V Stone Long, Lewisville, North 91. Jane Hayes on behalf of Grant Hayes, 110. Heather and Robert Avila on behalf Carolina, Court of Federal Claims Franklin, Tennessee, Court of Federal of Taylor Avila, Londonderry, New Number 05–0569V Claims Number 05–0610V Hampshire, Court of Federal Claims 72. Deborah Kelly, San Diego, 92. Katherine and Dean Weber on behalf Number 05–0685V California, Court of Federal Claims of Andrew Julius Weber, 111. Lisa and Matthew Karlovsky on Number 05–0570V Bloomington, Indiana, Court of behalf of Jacob Karlovsky, Scottsdale, 73. Holly Austin on behalf of Kaleb Federal Claims Number 05–0611V Arizona, Court of Federal Claims Austin, Boston, Massachusetts, Court 93. Julie Gabos on behalf of Anthony Number 05–0686V of Federal Claims Number 05–0579V Gabos, Scottsdale, Arizona, Court of 112. Cynthia Stith on behalf of Kerry 74. Kate Miller on behalf of Sara Miller, Federal Claims Number 05–0613V Cooperstown, Pennsylvania, Court of 94. Anne Hetmaniak on behalf of Adam Stith, Boston, Massachusetts, Court of Federal Claims Number 05–0581V Zaring, Boston, Massachusetts, Court Federal Claims Number 05–0688V 113. Kristin Cihak and John Ellis on 75. Linda Forcello on behalf of Sean of Federal Claims Number 05–0614V Forcello, Boston, Massachusetts, 95. Minerva and Dennis Bailey on behalf of Jackson Ellis, Boston, Court of Federal Claims Number 05– behalf of Dylan Bailey, Pembroke Massachusetts, Court of Federal 0583V Pines, Florida, Court of Federal Claims Number 05–0689V 76. Tammy Bowers on behalf of Johnny Claims Number 05–0616V 114. Dina and Pastor Felisilda on behalf Andrew Bowers, Boston, 96. Tammy Wandling on behalf of of Dean Felisilda, Boston, Massachusetts, Court of Federal Austin Wandling, Somers Point, New Massachusetts, Court of Federal Claims Number 05–0584V Jersey, Court of Federal Claims Claims Number 05–0690V 77. Susan Artley on behalf of John Number 05–0617V 115. Michele Brandon on behalf of Artley, Boston, Massachusetts, Court 97. Katherine and Dean Weber on behalf Gregory Brandon, Boston, of Federal Claims Number 05–0585V of Andrew Julius Weber, Massachusetts, Court of Federal 78. Philip Way on behalf of Bailey Way, Bloomington, Indiana, Court of Claims Number 05–0691V South Beloit, Illinois, Court of Federal Federal Claims Number 05–0618V 116. Michele and Neil Van Allen on Claims Number 05–0588V 98. Bonnie Rukstelo on behalf of Nathan behalf of Katrina M. Van Allen, 79. Louise Habakus on behalf of Ian Rukstelo, Jackson, Michigan, Court of Valatie, New York, Court of Federal Habakus, Red Bank, New Jersey, Court Federal Claims Number 05–0619V Claims Number 05–0692V of Federal Claims Number 05–0589V 99. Christina Burks-Quintero on behalf 117. Jeffrey Morrow on behalf of 80. Cynthia Stith on behalf of Christian of Milani Quintero, Rancho Elizabeth Mei Li Morrow, Seattle, Stith, Boston, Massachusetts, Court of Cucamonga, California, Court of Washington, Court of Federal Claims Federal Claims Number 05–0593V Federal Claims Number 05–0620V Number 05–0693V 81. Linda and Duane Amity on behalf of 100. Princess Burks on behalf of 118. Felishia Wisw and Tysheem Kaitlan Amity, Monroeville, Christina Burks, Rancho Cucamonga, Hargrove on behalf of Tysheem Pennsylvania, Court of Federal Claims California, Court of Federal Claims Hargrove, Jr., Philadelphia, Number 05–0594V Number 05–0621V Pennsylvania, Court of Federal Claims 82. Jennifer Seitzinger on behalf of 101. Jesus Contreas on behalf of Jessie Number 05–0694V Madison Seitzinger, Pittsburgh, Contreas, Los Angeles, California, 119. John Dougherty, Portland, Oregon, Pennsylvania, Court of Federal Claims Court of Federal Claims Number 05– Court of Federal Claims Number 05– Number 05–0596V 0626V 0700V 83. Lee and Chaney Diamond on behalf 102. Line and Robert Fleming on behalf 120. Marta Pagan, San German, Puerto of Jackson Diamond, Chicago, Illinois, of Robert Evan Fleming, Snellville, Rico, Court of Federal Claims Number Court of Federal Claims Number 05– Georgia, Court of Federal Claims 05–0701V 0597V Number 05–0629V 121. Jeffrey Morrow on behalf of Ana 84. Nancy Agosta, Cary, North Carolina, 103. Elizabeth Pitts, Cornelius, North Mei Mei Morrow, Seattle, Court of Federal Claims Number 05– Carolina, Court of Federal Claims Washington, Court of Federal Claims 0598V Number 05–0648V Number 05–0702V

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122. Stephanie and Richard Mathis on (2) Evaluate the accuracy of the Massachusetts Avenue, NW., behalf of Noah Mathis, Boston, agency’s estimate of the burden of the Washington, DC, 20529. Massachusetts, Court of Federal collection of information, including the Dated: August 10, 2005. Claims Number 05–0705V validity of the methodology and Richard A. Sloan, 123. Julianne and Donald King on behalf assumptions used; (3) Enhance the quality, utility, and Director, Regulatory Management Division, of Beau King, Boston, Massachusetts, U.S. Citizenship and Immigration Services. Court of Federal Claims Number 05– clarity of the information to be [FR Doc. 05–16271 Filed 8–16–05; 8:45 am] 0706V collected; and 124. Gina Lascuola on behalf of (4) Minimize the burden of the BILLING CODE 4410–10–M Francesca Marie Lascuola, Overland collection of information on those who are to respond, including through the Park, Kansas, Court of Federal Claims DEPARTMENT OF HOMELAND use of appropriate automated, Number 05–0710V SECURITY electronic, mechanical, or other Dated: August 10, 2005. technological collection techniques or Dennis P. Williams, U.S. Citizenship and Immigration other forms of information technology, Services Deputy Administrator. e.g., permitting electronic submission of [FR Doc. 05–16237 Filed 8–16–05; 8:45 am] responses. Agency Information Collection BILLING CODE 4165–15–U Overview of this information Activities: Extension of a Currently collection: Approved Information Collection; (1) Type of Information Collection: Comment Request DEPARTMENT OF HOMELAND Extension of a currently approved SECURITY collection. ACTION: 30-Day Notice of Information (2) Title of the Form/Collection: Collection Under Review: Freedom of U.S. Citizenship and Immigration Application for T Nonimmigrant Status; Information/Privacy Act Request, Form Services Application for Immediate Family G–639. Member of T–1 Recipient; and Agency Information Collection Declaration of Law Enforcement Officer The Department of Homeland Activities: Extension of a Currently for Victim of Trafficking in Persons. Security, U.S. Citizenship and Approved Information Collection; (3) Agency form number, if any, and Immigration Services (USCIS) has Comment Request the applicable component of the submitted the following information Department of Homeland Security collection request to the Office of ACTION: 30-Day Notice of Information sponsoring the collection: Form I–914, Management and Budget (OMB) for Collection Under Review: Application Supplement S, and I–914 Supplement review and clearance in accordance for T Nonimmigrant Status; Form I–914, B. U.S. Citizenship and Immigration with the Paperwork Reduction Act of I–914 Supplement A, I–914 Supplement Services. 1995. The information collection was B. (4) Affected public who will be asked previously published in the Federal or required to respond, as well as a brief Register on June 15, 2005 at 70 FR SUMMARY: The Department of Homeland abstract: Primary: Individual or 34790, allowed for a 60-day public Security, U.S. Citizenship and households. This application comment period. No comments were Immigration Service (USCIS) has incorporates information pertinent to received by the USCIS on this submitted the following information eligibility under the Victims of information collection. collection request to the Office of Trafficking and Violence Protection Act The purpose of this notice is to allow Management and Budget (OMB) for of 2000 (Pub. L. 106–386) and a request an additional 30 days for public review and clearance in accordance for employment. The information on all comments. Comments are encouraged with the Paperwork Reduction Act of three parts of the form will be used by and will be accepted until September 1995. The information collection was the USCIS to determine whether 16, 2005. This process is conducted in previously published in the Federal applicants meet the eligibility accordance with 5 CFR 1320.10. Register on June 15, 20054 at 70 FR requirements for certain immigration Written comments and suggestions 34790. Notification in the preamble of benefits. from the public and affected agencies the interim rule allowed for a 60-day (5) An estimate of the total number of concerning the collection of information public comment period. No public respondents and the amount of time should address one or more of the comments were received on this estimated for an average respondent to following four points. information collection. respond: 8,750 Form I–914 responses at (1) Evaluate whether the collection of The purpose of this notice is to allow 2.25 hours per response; 18,750 Form I– information is necessary for the proper an additional 30 days for public 914 Supplement A responses at 1 hour performance of the functions of the comments. Comments are encouraged per response; and 7,000 Form I–914 agency, including whether the and will be accepted until September Supplement B responses at .50 hours information will have practical utility; 16, 2005. This process is conducted in per response. (2) Evaluate the accuracy of the accordance with 5 CFR 1320.10. (6) An estimate of the total public agencies estimates of the burden of the Written comments and suggestions burden (in hours) associated with the collection of information, including the from the public and affected agencies collection: 41,938 annual burden hours. validity of the methodology and concerning the collection of information If you have additional comments, assumptions used; should address one or more of the suggestions, or need a copy of the (3) Enhance the quality, utility, and following four points: information collection instrument, clarity of the information to be (1) Evaluate whether the collection of please contact Richard A. Sloan, collected; and information is necessary for the proper Director, Regulatory Management (4) Minimize the burden of the performance of the functions of the Division, U.S. Citizenship and collection of information on those who agency, including whether the Immigration Services, U.S. Department are to respond, including through the information will have practical utility; of Homeland Security, 111 use of appropriate automated,

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electronic, mechanical, or other for 33 species in Region 1. The Caulerpa (NMP) for public review and technological collections techniques, or document contained incorrect listing comment. The draft was prepared by the other forms of information technology, information and names for the Mariana Caulerpa Working Group of the Aquatic e.g., permitting electronic submission of crow (Corvus kubaryi) and the Mariana Nuisance Species Task Force, as responses. fruit bat (Pteropus mariannus authorized by the Nonindigenous Overview of this information mariannus). Aquatic Nuisance Prevention and collection: DATES: To allow us adequate time to Control Act of 1990 (16 U.S.C. 4701 et (1) Type of Information Collection: conduct these reviews, we must receive seq.). Comments received will be Extension of currently approved your information no later than considered in preparing the final NMP, collection. September 6, 2005. However, we will which will guide cooperative and (2) Title of the Form/Collection: continue to accept new information integrated management of Caulerpa Freedom of Information/Privacy Act about any listed species at any time. species in the United States. Request. DATES: Comments on the draft National FOR FURTHER INFORMATION CONTACT: (3) Agency form number, if any, and Management Plan for the Genus the applicable component of the Contact Gina Shultz, U.S. Fish and Wildlife Service, Pacific Islands Fish Caulerpa should be received by Department of Homeland Security September 16, 2005. and Wildlife Office, at (808) 792–9400. sponsoring the collection: Form G–639. ADDRESSES: The document is available U.S. Citizenship and Immigration Corrections from the Chair, Caulerpa Working Services. In the Federal Register on July 6, Group, U.S. Fish and Wildlife Service, (4) Affected public who will be asked 2005, in FR Doc 05–13219, on page Stockton Fisheries Resource Office, or required to respond, as well as a brief 38972, in the first column, subject 4001 N. Wilson Way, Stockton, CA abstract: Primary: Individuals or heading, line 5, the scientific name for 95205–2486; fax (209) 946–6355. It also Households. This form is provided as a the Mariana crow should read: (Corvus is available on our Web page at http:// convenient means for persons to kubaryi). www.fws.gov/contaminants/Library.cfm. provide data necessary for identification In Table 1, on page 38973, the first Comments may be hand-delivered, of a particular record desired under entry of the listing information should mailed, or sent by fax to the address FOIA/PA. read: Mariana fruit bat (=fanihi, Mariana listed above. You may send comments (5) An estimate of the total number of flying fox), Pteropus mariannus by electronic mail to: respondents and the amount of time mariannus, Threatened, Western Pacific [email protected]. estimated for an average respondent to Ocean—U.S.A. (GU, MP), 70 FR 1190 respond: 100,000 responses at 15 FOR FURTHER INFORMATION CONTACT: (06–JAN–05). David Bergendorf, Chair, Caulerpa minutes (.25) hours per response. In Table 1, on page 38973, instead of (6) An estimate of the total public Working Group, at (209) 946–6400 ext. Hawaiian crow, the second entry of the burden (in hours) associated with the 342 or Kari Duncan, Acting Executive listing information should read: Mariana Secretary, Aquatic Nuisance Species collection: 25,000 annual burden hours. _ If you have additional comments, crow, Corvus kubaryi, Endangered, Task Force at kari [email protected]. suggestions, or need a copy of the Western Pacific Ocean—U.S.A. (GU, SUPPLEMENTARY INFORMATION: In 1999 proposed information collection MP), 49 FR 33885 (27–AUG–84). the Aquatic Nuisance Species Task In addition, the accepted common instruments, please contact Richard A. Force (ANSTF) established the Caulerpa names and scientific names for three of Sloan, Director, Regulatory Management taxifolia Prevention Committee, which the Hawaiian bird species should be as Division, U.S. Citizenship and drafted the ‘‘Prevention Program for the follows: Kauai oo (=oo aa, honeyeater) Immigration Services, 111 Mediterranean strain of Caulerpa (Moho braccatus); Molokai creeper Massachusetts Avenue, NW., taxifolia.’’ Caulerpa taxifolia is a (=kakawahie) (Paroreomyza flammea); Washington, DC 20529; 202–272–8377. species that can compete with native and Molokai thrush (=olomao) plant species and impact biodiversity, Dated: August 10, 2005. (Myadestes lanaiensis rutha). can alter predator-prey interactions, is Richard A. Sloan, Dated: August 1, 2005. directly toxic to herbivores and Director, Regulatory Management Division, David J. Wesley, indirectly toxic to invertebrates, and can U.S. Citizenship and Immigration Services. Acting Regional Director, Region 1, U.S. Fish shade and smother coral reefs. [FR Doc. 05–16272 Filed 8–16–05; 8:45 am] and Wildlife Service. Before the prevention plan could be BILLING CODE 4410–10–M [FR Doc. 05–16270 Filed 8–16–05; 8:45 am] implemented, Caulerpa taxifolia, a non- BILLING CODE 4310–55–P native invasive marine alga, was discovered in two California harbors. As DEPARTMENT OF THE INTERIOR a result of this discovery and the DEPARTMENT OF THE INTERIOR difficulty in distinguishing this non- Fish and Wildlife Service native invasive strain from other Fish and Wildlife Service Caulerpa species, the ANSTF requested Endangered and Threatened Wildlife that the existing draft program be and Plants; Initiation of 5-Year Reviews Availability of Draft National modified and expanded to a National of the Mariana Fruit Bat (Pteropus Management Plan for the Genus Management Plan (NMP) for invasive mariannus mariannus), etc.; Correction Caulerpa Caulerpa species. AGENCY: Fish and Wildlife Service, AGENCY: Fish and Wildlife Service, The draft NMP, released today for Interior. Interior. public comment, outlines and ACTION: Notice of review; correction. ACTION: Notice of document availability prioritizes management strategies that and request for comments. Federal, State, and local agencies and SUMMARY: The U.S. Fish and Wildlife the private sector can use to address Service published a Notice of Review in SUMMARY: This notice announces the Caulerpa introductions in U.S. waters. the Federal Register on July 6, 2005, availability of the draft National The goals of the draft NMP are: (1) concerning initiation of 5-year reviews Management Plan for the Genus Preventing the introduction and spread

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of Caulerpa species to areas in U.S. SUMMARY: As required by 43 CFR aggregating 6,524.46 acres. Notice of the waters where they are not native; (2) 2650.7(d), notice is hereby given that an decisions will also be published four early detection and rapid response to appealable decision approving lands for times in the Arctic Sounder. non-native Caulerpa species in U.S. conveyance pursuant to the Alaska DATES: The time limits for filing an waters; (3) eradication of Caulerpa Native Claims Settlement Act will be appeal are: populations, in waters to which they are issued to Kake Tribal Corporation. The 1. Any party claiming a property not native, where feasible; (4) providing lands are located in Township 57 South, interest which is adversely affected by long-term adaptive management and Range 72 East, Copper River Meridian, the decisions shall have until September mitigating impacts of populations of in the vicinity of Frederick Sound, 16, 2005 to file an appeal. Caulerpa species in U.S. waters where Alaska, and contain 180.20 acres. Notice 2. Parties receiving service of the they are not native and where of the decision will also be published decisions by certified mail shall have 30 eradication is not feasible; (5) educating four times in the Daily Sitka Sentinel. days from the date of receipt to file an and informing the public, agencies and DATES: The time limits for filing an appeal. policymakers to advocate for preventing appeal are: Parties who do not file an appeal in the introduction and spread of Caulerpa 1. Any party claiming a property accordance with the requirements of 43 species; (6) identifying research needs interest which is adversely affected by CFR part 4, subpart E, shall be deemed and facilitating research to fill the decision shall have until September to have waived their rights. information gaps; and (7) reviewing and 16, 2005, to file an appeal. ADDRESSES: Copies of the decisions may assessing progress and revising the 2. Parties receiving notice of the be obtained from: Bureau of Land management plan and continuing to decision by certified mail shall have 30 Management, Alaska State Office, 222 develop information to meet national days from the date of receipt to file an West Seventh Avenue, #13, Anchorage, management plan goals. appeal. Alaska 99513–7599. Many Caulerpa species are native to Parties who do not file an appeal in the warm coastal waters of North, accordance with the requirements of 43 FOR FURTHER INFORMATION, CONTACT: Central and South America. Both CFR part 4, subpart E, shall be deemed Dina Torres, by phone at (907) 271– Florida and Hawaii have native species to have waived their rights. 3248, or by e-mail at [email protected]. Persons who of Caulerpa in their coastal waters. ADDRESSES: A copy of the decision may use a telecommunication device (TTD) However, three Caulerpa species are of be obtained from: Bureau of Land may call the Federal Information Relay particular concern due to their Management, Alaska State Office, 222 Service (FIRS) at 1–800–877–8330, 24 invasions of U.S. and foreign waters: C. West Seventh Avenue, #13, Anchorage, hours a day, seven days a week, to taxifolia, C. brachypus, and C. Alaska 99513–7599. contact Mrs. Torres. racemosa. FOR FURTHER INFORMATION CONTACT: Once introduced, invasive Caulerpa Mark Fullmer, by phone at (907) 271– Dina L. Torres, species can spread via fragmentation or 5998, or by e-mail at Land Law Examiner, Branch of Adjudication other vectors. Caulerpa taxifolia [email protected]. Persons who II. (Mediterranean strain) was listed as a use a telecommunication device (TTD) [FR Doc. 05–16312 Filed 8–16–05; 8:45 am] Federal noxious weed by the U.S. may call the Federal Information Relay BILLING CODE 4310–$$–P Department of Agriculture under the Service (FIRS) at 1–800–877–8330, 24 Plant Protection Act on March 16, 1999. hours a day, seven days a week, to This listing prohibits importation, entry, contact Mr. Fullmer. DEPARTMENT OF THE INTERIOR exportation, or movement in interstate commerce of this strain of C. taxifolia. Sharon Warren, Bureau of Land Management To date, eradication efforts for C. Chief, Branch of Adjudication II. [AK964–1410–HY–P; F–19731] taxifolia in California have cost over [FR Doc. 05–16310 Filed 8–16–05; 8:45 am] $3.7 million, and over $500,000 has BILLING CODE 4310–$$–P Alaska Native Claims Selection been allocated to study C. brachypus in Florida. AGENCY: Bureau of Land Management, DEPARTMENT OF THE INTERIOR Interior. Dated: July 29, 2005. ACTION: Notice of decision approving Everett Wilson, Bureau of Land Management lands for conveyance. Acting Co-Chair, Aquatic Nuisance Species Task Force, Acting Assistant Director— [AK964–1410–HY–P; F–14954–B; ASA–2] SUMMARY: As required by 43 CFR Fisheries & Habitat Conservation. Alaska Native Claims Selection 2650.7(d), notice is hereby given that an [FR Doc. 05–16244 Filed 8–16–05; 8:45 am] appealable decision approving lands for AGENCY: BILLING CODE 4310–55–P Bureau of Land Management, conveyance pursuant to the Alaska Interior. Native Claims Settlement Act will be ACTION: Notice of decisions approving issued to Heirs, Devisees and/or Assigns DEPARTMENT OF THE INTERIOR lands for conveyance. of Frank Titus. The land is located in T. Bureau of Land Management SUMMARY: As required by 43 CFR 6 S., R. 21 E., Kateel River Meridian, in 2650.7(d), notice is hereby given that the vicinity of Ruby, Alaska, and [AK962–1410–HY–P; AA–6982–D, SEA–3] two appealable decisions approving contain 39.98 acres. Notice of the lands for conveyance pursuant to the decision will also be published four Alaska Native Claims Selection Alaska Native Claims Settlement Act times in the Fairbanks Daily News- Miner. AGENCY: Bureau of Land Management, will be issued to Olgoonik Corporation. DOT. The lands are located in T. 16 N., R. 29 DATES: The time limits for filing an W., T. 14 N., R. 30 W., Tps. 4 S., Rs. 11 appeal are: ACTION: Notice of decision approving and 12 W., Umiat Meridian, in the 1. Any party claiming a property lands for conveyance. vicinity of Wainwright, Alaska, interest which is adversely affected by

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the decision shall have until September the Bureau of Land Management for the to valid existing rights, the provisions of 16, 2005, to file an appeal. cost of this Federal Register notice. The existing withdrawals, other segregations 2. Parties receiving service of the Lessee has met all the requirements for of record, and the requirements of decision by certified mail shall have 30 reinstatement of the lease as set out in applicable law. All valid applications days from the date of receipt to file an Sections 31(d) and (e) of the Mineral received at or prior to 8:30 a.m. on appeal. Leasing Act of 1920 (30 U.S.C. 188), and September 16, 2005, shall be considered Parties who do not file an appeal in the Bureau of Land Management is as simultaneously filed at that time. accordance with the requirements of 43 proposing to reinstate the lease effective Those received thereafter shall be CFR part 4, subpart E, shall be deemed April 1, 2005, subject to the original considered in the order of filing. to have waived their rights. terms and conditions of the lease and (Authority: 43 CFR 2091.6) ADDRESSES: A copy of the decision may the increased rental and royalty rates Jimmie Buxton, be obtained from: Bureau of Land cited above. Branch Chief Land and Minerals. Management, Alaska State Office, 222 Dated: July 12, 2005. West Seventh Avenue, #13, Anchorage, [FR Doc. 05–16306 Filed 8–16–05; 8:45 am] Debra Marsh, Alaska 99513–7599. BILLING CODE 4310–GG–P Supervisor, Branch of Adjudication. FOR FURTHER INFORMATION, CONTACT: [FR Doc. 05–16313 Filed 8–16–05; 8:45 am] Rosaline Holland by phone at (907) DEPARTMENT OF THE INTERIOR 271–3766, or by e-mail at BILLING CODE 4310–40–P [email protected]. Persons who use Bureau of Land Management a telecommunication device (TTD) may DEPARTMENT OF THE INTERIOR call the Federal Information Relay [AK–040–05–1430–EQ; AA–084220] Service (FIRS) at 1–800–877–8330, 24 Bureau of Land Management Lease of Public Lands, Alaska hours a day, seven days a week, to contact Ms. Holland. [ID–933–1430–ET; GPO–05–0003; IDI–15306, AGENCY: Bureau of Land Management IDI–15307, IDI–010828, IDI–15301] (BLM), Interior. Rosaline Holland, ACTION: Notice of realty action. Land Law Examiner, Branch of Adjudication Expiration of Public Land Orders and Opening of Lands; Idaho II. SUMMARY: The Bureau of Land [FR Doc. 05–16311 Filed 8–16–05; 8:45 am] AGENCY: Bureau of Land Management, Management (BLM) proposes to renew a BILLING CODE 4310–$$–P Interior. lease of approximately one acre of ACTION: Notice. public land near Farewell, Alaska under the provisionsof Section 302 of the DEPARTMENT OF THE INTERIOR SUMMARY: The Bureau of Land Federal Land Policy and Management Management announces the expiration Bureau of Land Management Act of 1976 (FLPMA) for Mr. Dewayne of two public land orders affecting G. Covey to operate trapping activities [(CA–920–1310–FI); (CACA 45944)] 32,978.34 acres of public lands. This and maintain an existing cabin. order opens the lands to surface entry. DATES: Interested parties may submit Proposed Reinstatement of Terminated DATES: Effective September 16, 2005. comments until October 3, 2005. Oil and Gas Lease CACA 45944 FOR FURTHER INFORMATION CONTACT: ADDRESSES: Comments must be AGENCY: Bureau of Land Management, Jackie Simmons, Bureau of Land submitted to the Anchorage Field Interior. Management, Idaho State Office, 1387 Manager, BLM Anchorage Field Office, ACTION: Notice of reinstatement of South Vinnell Way, Boise, Idaho 83709, 6881 Abbott Loop Road, Anchorage, terminated oil and gas lease. 208–373–3867. Alaska 99507–2599. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: SUMMARY: Under the provisions of 1. Public Land Order No. 6602, Dorothy J. Bonds, Realty Specialist, Public Law 97–451, Summitt Ventures published in the Federal Register on BLM, Anchorage Field Office at 907– Inc, timely filed a petition for May 1, 1985, (50 FR 18487), established 267–1239. reinstatement of oil and gas lease CACA a 20-year term for two Bureau of Land SUPPLEMENTARY INFORMATION: 45944 for lands in Kern County, This Management orders which withdrew notice involves renewing a lease for California, and it was accompanied by 10,846.34 acres of public land from all required rentals and royalties continued use of public lands for Mr. surface entry to protect a stock Dewayne G. Covey to operate trapping accruing from April 1, 2005, the date of driveway. Public Land Order No. 6602 termination. activities and to maintain an existing expired by operation of law on April 30, cabin during the winter and fall seasons. FOR FURTHER INFORMATION CONTACT: 2005. This property is located approximately Bonnie J. Edgerly, Land Law Examiner, 2. Public Land Order No. 6595, 8 miles west of the Farewell landing Branch of Adjudication Division of published in the Federal Register on strip and 55 miles southeast of McGrath, Energy & Minerals, BLM California State March 22, 1985, (50 FR 11505), Alaska, east of the Windy River Fork of Office, 2800 Cottage Way, Suite W– established 20-year terms for three the Kuskokwim River. The following 1834, Sacramento, California 95825, orders which withdrew 22,132.00 acres described public land has been (916) 978–4370. of public land from surface entry to examined and found suitable for leasing SUPPLEMENTARY INFORMATION: No valid protect a stock driveway. Public Land under the provisions of section 302 of lease has been issued affecting the Order No. 6595 expired by operation of the Federal Land Policy and lands. The lessee has agreed to new law on March 21, 2005. Management Act of 1976 (FLPMA), and lease terms for rentals and royalties at 3. At 8:30 a.m., on September 16, 43 CFR part 2920: rates of $10.00 per acre or fraction 2005, the lands withdrawn by the public 2 Seward Meridian, Alaska thereof and 16 ⁄3 percent, respectively. land orders listed in Paragraph 1 and 2 The lessee has paid the required $500 above will be opened to the operation of T. 28 N., R. 27 W., Sections 24 and 25. administrative fee and has reimbursed the public land laws generally, subject The above land aggregates one acre.

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The BLM proposes to renew a lease Address all sealed bids, marked as lower left-hand corner with ‘‘SEALED for the surface of approximately one specified below, to the Kremmling Field BID,’’ Parcel Number, and bid opening acre of public land to Dewayne G. Covey Office at the address above. date. Bids must be for not less than the of Farewell, Alaska, under a renewable FOR FURTHER INFORMATION CONTACT: appraised market value for the parcel. twenty (20) year lease. The lease is Susan Cassel, Realty Specialist, at (970) Each sealed bid shall be accompanied appraised at fair market value; in 724–3002. by a certified check, postal money order, addition, the lessee shall reimburse the SUPPLEMENTARY INFORMATION: In bank draft, or cashier’s check made United States for reasonable accordance with the provisions of 43 payable in U.S. currency to ‘‘DOI- administrative and other costs incurred CFR parts 2710 and 2720, the following Bureau of Land Management’’ for an by the United States in processing and described lands in Grand County, amount not less than 30 percent of the monitoring the lease. The terms and Colorado, are proposed to be sold total amount of the bid. Personal checks conditions for leases are found in 43 pursuant to authority provided in secs. will not be accepted. CFR 2920.7. 203 and 209 of the Federal Land Policy The bid envelope also must contain a signed statement giving the total amount Gary Reimer, and Management Act of 1976 (FLPMA), as amended (43 U.S.C. 1713, 1719). The bid for the Parcel and the bidder’s name, Field Manager. mailing address, and phone number. As [FR Doc. 05–16307 Filed 8–16–05; 8:45 am] parcels to be sold are identified as suitable for disposal in the Kremmling provided in the regulations at 43 CFR BILLING CODE 4310–JA–P Resource Area Management Plan (1984). 2711.3–2(a)(1)(ii), bidders for Parcels 1 Proceeds from sale of these public lands and 5 shall be designated by the BLM and limited to adjoining landowners. DEPARTMENT OF THE INTERIOR will be deposited in the Federal Land Disposal Account under sec. 206 of the Bids for Parcels 1 and 5 submitted by persons or entities other than the Bureau of Land Management Federal Land Transaction Facilitation Act (43 U.S.C. 2305). designated bidders will be rejected. If BLM receives two or more valid high [CO–120–1430–EU] Publication of this notice in the Federal Register shall segregate the bids offering an identical amount for a parcel, BLM will notify the apparent Notice of Realty Action: Proposed lands described below from high bidders of further procedures to Modified Competitive Sale and appropriation under the public land determine the highest qualifying bid. Competitive Sale of Public Lands, laws, including the mining laws. The Grand County, Colorado segregative effect of this notice shall Competitive Sale terminate upon issuance of patent or Parcel 2 (COC–67316) AGENCY: Bureau of Land Management, upon expiration 270 days from the date Interior. of publication in the Federal Register, Sixth Principal Meridian, Colorado ACTION: Notice of realty action. whichever occurs first. T. 1 N., R. 76 W., sec. 32, E1⁄2NW1⁄4. Modified Noncompetitive Sale SUMMARY: The Bureau of Land The area described contains 80 acres. The Management (BLM) hereby provides Parcel 1 (COC–63715) appraised market value for Parcel 2 is notice that it will offer five parcels of $480,000. U.S. Highway 40 divides the parcel Sixth Principal Meridian, Colorado and provides legal public access. public lands located in Grand County, T. 1 N., R. 76 W. Encumbrances of record include rights-of- Colorado, for sale at not less than their sec. 26, lot 6. way for U.S. Highway 40 (Colorado respective appraised fair market values. The area described contains 41.26 acres. Department of Transportation), two The Kremmling Field Manager has The appraised market value for Parcel 1 is powerlines (Mountain Parks Electric determined that because Parcels 1 and $268,000. This parcel cannot be legally Association), and one buried telephone line 5 have no legal access via any public accessed by any public road. It is surrounded (Qwest Corporation). road and are surrounded by private by private property and isolated from other Parcel 3 (COC–67317) lands, they will be offered for sale only federal lands. There are no encumbrances of to the current adjoining landowners record. Sixth Principal Meridian, Colorado under modified competitive sale Parcel 5 (COC–68234) T. 3 N., R. 76 W., procedures. Parcels 2, 3, and 4, which sec. 22, lot 10. have legal access via public roads, will Sixth Principal Meridian, Colorado The area described contains 2.65 acres. The be sold individually under competitive T. 4 N. R. 76 W., appraised market value for Parcel 3 is sale procedures open to any person or sec. 24, lot 8. $67,500. The parcel is surrounded by private entity qualified to bid. Sales of all The area described contains 3.20 acres. The lands. Grand County Road No. 451, the only encumbrance of record, divides the parcel parcels will be by sealed bid only. appraised market value for Parcel 5 is $12,000. This lot is isolated and has no legal and provides legal public access. DATES: Comments regarding the access. There are no encumbrances of record. Parcel 4 (COC–67318) proposed sales must be in writing and Offers to purchase either parcel will received by BLM not later than October T. 3 N., R. 76 W., be made by sealed bid only. All bids 3, 2005. sec. 22, lot 16. must be received at the BLM Kremmling The area described contains 2.65 acres. The Sealed bids must be received by BLM Field Office, 2103 E. Park Ave., P.O. Box appraised market value for Parcel 4 is not later than 4:30 p.m. MDT, October 68, Kremmling, Colorado 80459, not $67,500. The parcel is surrounded by private 17, 2005. later than 4:30 p.m. MDT, October 17, lands. Grand County Road No. 4, the only ADDRESSES: Address all written 2005. encumbrance of record, divides the parcel comments regarding the proposed sales Sealed bids for Parcels 1 and 5 will be and provides legal public access. to Field Manager, Kremmling Field opened to determine the high bid at 10 Offers to purchase Parcels 2, 3, or 4 Office, 2103 E. Park Ave., P.O. Box 68, a.m. MDT, October 18, 2005, at the BLM will be made by sealed bid only. All Kremmling, Colorado 80459. Comments Kremmling Field Office. bids must be received at the BLM received in electronic form such as e- The outside of each bid envelope Kremmling Field Office, 2103 E. Park mail or facsimile will not be considered. must be clearly marked on the front Ave., P.O. Box 68, Kremmling, Colorado

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80459, not later than 4:30 p.m. MDT, United States. Act of August 30, 1890 part. In the absence of any adverse October 17, 2005. (43 U.S.C. 945). comments, this realty action will Sealed bids for Parcels 2, 3, and 4 will 2. Parcels 2, 3, and 4 will be subject become the final determination of the be opened to determine the high bidder to rights-of-way for valid existing rights Department of the Interior. at 10 a.m. MDT, October 18, 2005, at the listed above. BLM Kremmling Field Office. No warranty of any kind, express or John F. Ruhs, The outside of each bid envelope implied, is given by the United States as Field Manager, Kremmling Field Office. must be clearly marked on the front to the title, physical condition, or [FR Doc. 05–16316 Filed 8–16–05; 8:45 am] lower left-hand corner with ‘‘SEALED potential uses of the parcels proposed BILLING CODE 4130–JB–U BID,’’ Parcel Number, and bid opening for sale. date. Bids must be for not less than the The federal mineral interests appraised market value for the parcel. underlying these parcels have minimal DEPARTMENT OF THE INTERIOR Each sealed bid shall be accompanied mineral values and will be conveyed by a certified check, postal money order, with each parcel sold. A sealed bid for Bureau of Land Management bank draft, or cashier’s check made the above described parcels constitutes [NV–056–5870–EU; N–78406] payable in U.S. currency to ‘‘DOI- an application for conveyance of the Bureau of Land Management’’ for an mineral interest for that parcel. In Non-Competitive Sale of Reversionary amount not less than 30 percent of the addition to the full purchase price, a Interest, Portion of Recreation and total amount of the bid. Personal checks successful bidder must pay a separate Public Purposes Act Patent Number will not be accepted. nonrefundable filing fee of $50 for the 27–80–0056 The bid envelope also must contain a mineral interests to be conveyed signed statement giving the total amount simultaneously with the sale of the AGENCY: Bureau of Land Management, bid for the Parcel and the bidder’s name, land. Department of the Interior. ACTION: Notice of realty action. mailing address, and phone number. Public Comments Certification of bidder’s qualifications must accompany the bid deposit. Detailed information concerning the SUMMARY: The State of Nevada has filed Evidence of authorization to bid for a proposed land sales, including an application with the Bureau of Land corporation or other entity must be reservations, sale procedures, Management (BLM) to purchase, at fair included. If BLM receives two or more appraisals, planning and environmental market value, 102.5 acres of land in valid high bids offering an identical documents, and mineral reports, is Clark County, Nevada, free and clear of amount for a parcel, BLM will notify the available for review at the Kremmling a reversionary interest held by the apparent high bidders of further Field Office, 2103 E. Park Ave., United States, pursuant to a direct sale procedures to determine the highest Kremmling, Colorado. Normal business conducted in accordance with the qualifying bid. hours are 7:45 a.m. to 4:30 p.m. MDT, Federal Land Policy and Management Monday through Friday, except Federal Act of 1976. Additional Terms and Conditions of holidays. DATES: For a period until October 3, Sale The general public and interested 2005, interested parties may submit Successful bidders will be allowed 90 parties may submit written comments comments to the Field Manager, BLM days from the date of sale to submit the regarding the proposed sales to the Field Las Vegas Field Office. Manager, Kremmling Field Office, not remainder of the full bid price. Failure ADDRESSES: Las Vegas Field Office, to timely submit full payment for a later than 45 days after publication of Bureau of Land Management, 4701 N. parcel shall result in forfeiture of the bid this Notice in the Federal Register. Torrey Pines Drive, Las Vegas, NV deposit to the BLM, and the parcel will Comments received during this process, 89130. be offered to the second highest including respondent’s name, address, qualifying bidder at their original bid. If and other contact information, will be FOR FURTHER INFORMATION CONTACT: there are no other acceptable bids, the available for public review. Individual Shawna Woods, Realty Specialist, (702) parcel may continue to be offered by respondents may request 515–5099. sealed bid on the first Friday of each confidentiality. If you wish to request SUPPLEMENTARY INFORMATION: The month at not less than the minimum bid that BLM consider withholding your following described land in Clark until the offer is canceled. name, address, and other contact County, Nevada, was patented to the By law, public lands may be conveyed information (phone number, e-mail State of Nevada, Division of State Lands, only to (1) citizens of the United States address, or fax number, etc.) from public pursuant to the Act of June 14, 1926 (44 who are 18 years old or older, (2) a review or disclosure under the Freedom Stat. 741, as amended; 43 U.S.C. 869 et corporation subject to the laws of any of Information Act, you must state this seq.), on December 17, 1979, for a state State or of the United States, (3) an prominently at the beginning of your prison (N–11732–02). entity including, but not limited to, comment. The BLM will honor requests Mount Diablo Meridian, Nevada associations or partnerships capable of for confidentiality on a case-by-case acquiring and owning real property, or basis to the extent allowed by law. The T. 25 S., R. 59 E. Portions of section 12 and section 13 as interests therein, under the laws of the BLM will make available for public described in patent 27–80–0056. State of Colorado, or (4) a State, State review, in their entirety, all comments Containing 480.00 acres, more or less. instrumentality, or political subdivision submitted by businesses or authorized to hold real property. organizations, including comments by Pursuant to the Recreation and Public The following reservations, rights, individuals in their capacity as an Purpose (R&PP) Act, the United States and conditions will be included in the official or representative of a business or retained and continues to hold a patent that may be issued for the above organization. reversionary interest in the above parcels of federal land: Any adverse comments will be described land. If the State of Nevada 1. A reservation to the United States reviewed by the BLM State Director, attempts to transfer the title to, or for a right-of-way for ditches and canals Colorado, who may sustain, vacate, or control over, the land to a ‘‘for profit’’ constructed by the authority of the modify this realty action in whole or in entity, or if the land is devoted to a ‘‘for

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profit’’ use, the land, as stated in the United States, Act of August 30, 1890 DEPARTMENT OF THE INTERIOR Act, ‘‘shall revert to the United States’’ (26 Stat. 391, 43 U.S.C. 945). Bureau of Land Management (43 U.S.C. 869–2(a)). The State of 2. All minerals shall be reserved to Nevada proposes to change the use of the United States, together with the [WO–120–05–1630–PD] the 102.5 acre parcel, located wholly right to prospect for, mine and remove within the above described 480 acre such deposits from the same under Final Supplementary Rule for the tract of land from a State prison use to applicable law and such regulations as Public Lands Administered by the a commercial (for profit) work related, Bureau of Land Management, Arizona the Secretary of the Interior may privately owned industrial facility. If State Office, Relating to Possession of prescribe. pursued, this new use would trigger the Open Containers of Alcohol While R&PP Act reverter or require its 3. Subject to: Operating or Riding on/in Motor enforcement. Consequently, the State of a. Valid existing rights; Vehicles Nevada has applied to the BLM to purchase, pursuant to section 203 of the b. A right-of-way for railroad purposes AGENCY: Bureau of Land Management, Federal Land Policy Management Act of granted to the San Pedro, Los Angeles Interior. 1976 (Pub. L. 94–579), as amended, 43 and Salt Lake Railroad Company, its ACTION: Final supplementary rule. U.S.C. 1713, of the following described successors or assigns, on April 20, 1906, parcel of land, free and clear of the by right-of-way CC–00360, pursuant to SUMMARY: The Bureau of Land R&PP Act reversionary interest of the the Act of March 3, 1875, (18 Stat. 482, Management (BLM) is publishing a final United States, as pertaining to the 43 U.S.C. 934–939); supplementary rule to apply to the public lands administered by the particular parcel: c. A right-of-way for pipeline Arizona State Office. The final Mount Diablo Meridian, Nevada purposes granted to the Calnev Pipeline supplementary rule prohibits the illegal T. 25 S., R. 59 E. Company, its successors or assigns, on use of alcohol on public lands. BLM 1 1 1 1 October 21, 1960, under the Act of Section 12: NE ⁄4NE ⁄4SW ⁄4SE ⁄4, needs the final supplementary rule to E1⁄2NW1⁄4NE1⁄4SW1⁄4SE1⁄4, February 15, 1901, 31 Stat. 790, 43 protect natural resources and the health S1⁄2NE1⁄4SW1⁄4SE1⁄4, U.S.C. 959. (Nev–056213); and safety of public land users. The 1 1 1 1 1 E ⁄2NE ⁄4SW ⁄4SW ⁄4SE ⁄4, d. A right-of-way for roadway and final supplementary rule will allow SE1⁄4SW1⁄4SW1⁄4SE1⁄4, SE1⁄4SW1⁄4SE1⁄4, 1 1 communication purposes granted to the BLM law enforcement officers to enforce SE ⁄4SE ⁄4 Section 13: NE1⁄4NE1⁄4 American Towers Corporation, its a regulation prohibiting the possession (Approximately 102.5 acres) successors or assigns on March 22, of open containers of alcohol while 1960, by right-of-way No. Nev–053815, operating or riding on/in motor vehicles If the proposed sale is approved, the pursuant to the Act of October 21, 1976 on public lands in a manner consistent State of Nevada would pay the fair (43 U.S.C. 1761) with an expiration date with current Arizona State law and BLM market value of this land in the sum of of March 21, 2010. California supplementary rules. $823,000.00, as determined by the BLM DATES: Effective August 17, 2005. Detailed information concerning this authorized officer having taken into ADDRESSES: Suggestions and inquiries account an appraisal, conducted in action, including the environmental report and approved appraisal report, is may be sent to Lyle Shaver, Special accordance with the applicable Agent-in-Charge, Bureau of Land appraisal standards and that assumed available for review at the Las Vegas Field Office, Bureau of Land Management, Arizona State Office, 222 the land to be free and clear of the N. Central Avenue, Phoenix, AZ 85004, Management, 4701 N. Torrey Pines Dr., outstanding reversionary interest now (602) 417–9317. held by the United States. Las Vegas, Nevada 89130. FOR FURTHER INFORMATION CONTACT: Lyle Direct sale procedures to the State of Any adverse comments regarding the Shaver, Special Agent-in-Charge, BLM Nevada are considered appropriate, in proposed action will be reviewed by the Arizona State Office, 222 N. Central this case, as the 102.5 acre parcel of State Director. In the absence of any Avenue, Phoenix, AZ 85004, (602) 417– land described above was patented adverse comments, the decision relative 9317. previously to the State of Nevada, and to the proposed action, when made by SUPPLEMENTARY INFORMATION: transfer of the Federal reversionary the Field Manager, BLM Las Vegas Field interest to any other entity would not Office, will become effective October 17, I. Discussion of the Final protect existing equities of the State of 2005. The lands will not be offered for Supplementary Rule Nevada in the land. The direct sale is conveyance until after the decision The final supplementary rule will consistent with current BLM land use becomes effective. apply to all public lands administered planning for the area. The commercial Authority: 43 CFR 2711.1–2(a) and (c). by BLM’s Arizona State Office, i.e., all use of this parcel would benefit the public lands in Arizona. In keeping with State of Nevada by use of prison labor Dated: July 11, 2005. BLM’s performance goal to reduce to train them with skills to return to Sharon DiPinto, threats to public health and safety and society. Assistant Field Manager, Division of Lands, property, the final supplementary rule is The conveyance for the reversionary Las Vegas, NV. necessary to protect the natural interest of the 102.5 acres will be subject [FR Doc. 05–16315 Filed 8–16–05; 8:45 am] resources and to provide for safe public to the provisions of the Federal Land BILLING CODE 4310–HC–P recreation and public health. Alcohol- Policy and Management Act and related offenses are a growing problem applicable regulations of the Secretary on the public lands. Hundreds of people of the Interior, and the land will are injured each year while operating or continue to be subject to the following: riding on/in motor vehicles on public 1. The reservation of a right-of-way lands. A large percentage of these injury thereon for ditches or canals accidents are alcohol-related. The final constructed by the authority of the supplementary rule will provide BLM

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with a tool to increase law enforcement Arizona law and BLM California the surrender or confiscation of any efforts related to driving under the supplementary rule. legal personal or real property. influence and ultimately reduce the Therefore, the Department of the Regulatory Flexibility Act number of alcohol related incidents and Interior has determined that the final deaths. Congress enacted the Regulatory supplementary rule does not require A proposed supplementary rule was Flexibility Act of 1980, as amended, 5 preparation of a takings assessment published in the Federal Register on U.S.C. 601–612, (RFA) to ensure that under this Executive Order. November 26, 2004, and no comments Government regulations do not Executive Order 13132, Federalism were received (69 FR 68974). Therefore, unnecessarily or disproportionately BLM Arizona State Office is proceeding burden small entities. The RFA requires The final supplementary rule will not with the final supplementary rule as a regulatory flexibility analysis if a rule have a substantial direct effect on the proposed, with a minor editorial change would have a significant economic States, on the relationship between the in the definition section for clarity. The impact, either detrimental or beneficial, national government and the States, or definition section in the proposed rule on a substantial number of small on the distribution of power and the seemed to imply that some other entities. The final supplementary rule responsibilities among the various provision might change the meaning of will protect the health and safety of levels of government. The final defined terms. Since that is not the case, individuals, property, and resources on supplementary rule applies only to we removed the language suggesting the public lands, including those public lands administered by the that possibility. connected to small businesses, Arizona State Office and does not BLM finds good cause to make this organizations, and governments, and address jurisdictional issues involving supplementary rule effective the date of will have no effect on legal activities of the Arizona State government. publication. The supplementary rule is these small entities. Therefore, BLM has Therefore, in accordance with Executive urgently needed for protection of public determined under the RFA that these Order 13132, BLM has determined that safety and health, and is non- rules would not have a significant the final supplementary rule does not controversial, as demonstrated by the economic impact on a substantial have sufficient federalism implications absence of public comments on the number of small entities. to warrant preparation of a federalism proposed supplementary rule. The Small Business Regulatory Enforcement assessment. absence of public comments supports a Fairness Act (SBREFA) Executive Order 13175, Consultation finding of good cause because a delay in This final supplementary rule does and Coordination With Indian Tribal the effective date of this rule would be Governments unnecessary given the level of public not constitute a ‘‘major rule’’ as defined interest. at 5 U.S.C. 804(2). Again, the final In accordance with E.O. 13175, we supplementary rule only pertains to have found that this final II. Procedural Information individuals who may be unlawfully supplementary rule does not include Executive Order 12866, Regulatory using alcohol on the public lands. The policies that have tribal implications. Planning and Review final rule will assist in the protection of Since the rule does not change BLM the public lands and those who use policy and does not involve Indian This final supplementary rule is not a them, including small business reservation lands or resources, we have significant regulatory action and is not concessionaires and outfitters. The final determined that the government-to- subject to review by the Office of supplementary rule will have no effect government relationships should remain Management and Budget under on costs, prices, competition, or unaffected. The final supplementary Executive Order 12866. The final commercial use of the public lands. rule only prohibits the unlawful supplementary rule will not have an Unfunded Mandates Reform Act possession of alcoholic beverages on annual effect of $100 million or more on public lands. the economy. It will not adversely affect This final supplementary rule will not in a material way the economy, impose an unfunded mandate on State, Executive Order 12988, Civil Justice productivity, competition, jobs, the local, or tribal governments, in the Reform environment, public health or safety, or aggregate, or the private sector of more Under Executive Order 12988, the State, local, or tribal governments or than $100 million in any year; nor will Office of the Solicitor has determined communities. It is directed at preventing this final supplementary rule have that this final supplementary rule will unlawful personal behavior on public significant or unique effects on small not unduly burden the judicial system lands for purposes of protecting public governments. The final supplementary and that it meets the requirements of health and safety. rule will be patterned on Arizona State sections 3(a) and 3(b)(2) of the Order. The final supplementary rule will not law and the BLM California create a serious inconsistency or supplementary rule. Therefore, BLM is Paperwork Reduction Act otherwise interfere with an action taken not required to prepare a statement This final supplementary rule does or planned by another agency. The final containing the information required by not contain information collection supplementary rule will not materially the Unfunded Mandates Reform Act at requirements that the Office of alter the budgetary effects of 2 U.S.C. 1532. Management and Budget must approve entitlements, grants, user fees or loan under the Paperwork Reduction Act of Executive Order 12630, Governmental programs or the rights or obligations of 1995, 44 U.S.C. 3501 et seq. their recipients, and will not raise novel Action and Interference With legal or policy issues. The final Constitutionally Protected Property National Environmental Policy Act supplementary rule will merely enable Rights (Takings) BLM has determined this final BLM law enforcement personnel to The final supplementary rule does not supplementary rule is categorically enforce a regulation pertaining to have significant takings implications, excluded from environmental review unlawful possession of an open and does not cause the impairment of under section 102(2)(C) of the National container of alcohol on public lands in any private property rights. The final Environmental Policy Act, pursuant to a manner that mirrors current State of supplementary rule will not provide for 516 Departmental Manual (DM) Chapter

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2, Appendix 1. Section 1.4 provides a 1. Definitions $100,000 and/or imprisoned for not categorical exclusion for law more than 12 months. The following definitions will apply enforcement and legal transactions, to the supplementary rule: Elaine Y. Zielinski, including arrests and investigations. In addition, the final supplementary rule a. A motor vehicle is defined as any Arizona State Director. does not meet any of the ten criteria for self-propelled device in, upon, or by [FR Doc. 05–16314 Filed 8–16–05; 8:45 am] exceptions to categorical exclusions which a person is or may be BILLING CODE 4310–32–P listed in 516 DM, Chapter 2, Appendix transported, including a vehicle that is 2. Pursuant to Council on propelled by electric power. Exempt Environmental Quality regulations (40 from this definition are motorized INTERNATIONAL TRADE CFR 1508.4) and the environmental wheelchairs. ‘‘Off-road vehicle’’ is COMMISSION policies and procedures of the defined in 43 CFR 8340.0–5(a). b. Operator means any person who [Investigations Nos. 701–TA–401 and 731– Department of the Interior, the term TA–853 and 854 (Review)] ‘‘categorical exclusion’’ means a operates, drives, controls, or otherwise category of actions which do not has charge of a mechanical mode of Structural Steel Beams From Japan individually or cumulatively have a transportation or any other mechanical and Korea significant effect on the human equipment. environment and that have been found c. Public lands means any lands and AGENCY: United States International to have no such effect in procedures interests in lands owned by the United Trade Commission. adopted by a Federal agency, and for States and administered by the ACTION: Notice of Commission which neither an environmental Secretary of the Interior through the determination to conduct full five-year assessment nor environmental impact Bureau of Land Management without reviews concerning the countervailing statement is required. regard to how the United States duty order on structural steel beams acquired ownership. This includes, but from Korea and the antidumping duty Executive Order 13211, Actions is not limited to, a paved or unpaved orders on structural steel beams from Concerning Regulations That parking lot or other paved or unpaved Japan and Korea. Significantly Affect Energy Supply, area where vehicles are parked or areas Distribution, or Use where the public may drive a motorized SUMMARY: The Commission hereby gives This final supplementary rule is not a vehicle, paved or unpaved roads, roads, notice that it will proceed with full significant energy action. The final rule routes or trails. reviews pursuant to section 751(c)(5) of will not have an adverse effect on d. Open container means any bottle, the Tariff Act of 1930 (19 U.S.C. energy supplies, production or can, jar or other receptacle that contains 1675(c)(5)) to determine whether consumption. It only addresses the alcohol and that has been opened, has revocation of the countervailing duty possession of alcoholic beverages on had its seal broken or the contents of order on structural steel beams from public lands, and has no conceivable which have been partially removed. Korea and the antidumping duty orders connection with energy policy. on structural steel beams from Japan 2. Limitations and Korea would be likely to lead to Author a. This section does not apply to: continuation or recurrence of material The principal author of this i. An open container stored in the injury within a reasonably foreseeable supplementary rule is Lyle Shaver, trunk of a motor vehicle or, if a motor time. A schedule for the reviews will be Special Agent-in-Charge, Arizona State vehicle is not equipped with a trunk, to established and announced at a later Office, Bureau of Land Management, an open container stored in some other date. For further information concerning Department of the Interior. portion of the motor vehicle designed the conduct of these reviews and rules of general application, consult the Under the authority of 43 CFR for the storage of luggage and not Commission’s Rules of Practice and 8365.1–6 and 43 U.S.C. 1733(a), the normally occupied by or readily Procedure, part 201, subparts A through Arizona State Director, Bureau of Land accessible to the operator or passengers; E (19 CFR part 201), and part 207, Management, issues a final or subparts A, D, E, and F (19 CFR part supplementary rule for public lands ii. An open container stored in the 207). administered by the Arizona State living quarters of a motor home or Office. camper; or DATES: Effective August 5, 2005. iii. Unless otherwise prohibited, an Supplementary Rule on Possession of FOR FURTHER INFORMATION CONTACT: open container carried or stored in a Open Containers of Alcoholic Mary Messer (202–205–3193), Office of motor vehicle that is parked and the Beverages on Public Lands in the State Investigations, U.S. International Trade vehicle’s occupant(s) are camping. of Arizona Commission, 500 E Street, SW., iv. For the purpose of paragraph (a)(i) Washington, DC 20436. Hearing- The Arizona State Office issues this of this section, a utility compartment or impaired persons can obtain supplementary rule under the Federal glove compartment is deemed to be information on this matter by contacting Land Policy and Management Act readily accessible to the operator and the Commission’s TDD terminal on 202– (FLPMA), 43 U.S.C. 1733(a), 1740, and passengers of a motor vehicle. 205–1810. Persons with mobility 43 CFR 8365.1–6. impairments who will need special Penalties No person shall have in their assistance in gaining access to the possession, or on their person, an open Under the Federal Land Policy and Commission should contact the Office container that contains an alcoholic Management Act of 1976 43 U.S.C. of the Secretary at 202–205–2000. beverage while operating or riding on/ 1733(a), and the Sentencing Reform Act General information concerning the in a motor vehicle or off-road vehicle on of 1984, as amended, 18 U.S.C. 3551, Commission may also be obtained by public lands in the State of Arizona 3571, persons who violate this accessing its Internet server (http:// administered by the BLM, Arizona State restriction are subject to arrest and, www.usitc.gov). The public record for Office. upon conviction, may be fined up to these reviews may be viewed on the

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Commission’s electronic docket (EDIS) Drug Schedule DEPARTMENT OF LABOR at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: On Normorphine (9313) ...... I Office of the Secretary August 5, 2005, the Commission Norlevorphanol (9634) ...... I Amphetamine (1100) ...... II Combating Exploitive Child Labor determined that it should proceed to Methamphetamine (1105) ...... II Through Education in Indonesia and full reviews in the subject five-year Methylphenidate (1724) ...... II Nepal reviews pursuant to section 751(c)(5) of Codeine (9050) ...... II the Act.1 The Commission found that Diprenorphine (9058) ...... II AGENCY: Bureau of International Labor the domestic interested party group Etorphine HCL (9059) ...... II Affairs, Department of Labor. response to its notice of institution (70 Dihydrocodeine (9120) ...... II Announcement Type: New. Notice of FR 22696, May 2, 2005) was adequate, Hydromorphone (9150) ...... II Intent To Fund Sole Source Award. and that the respondent interested party Oxycodone (9143) ...... II Catalog of Federal Domestic group response with respect to Korea Diphenoxylate (9170) ...... II Assistance (CFDA) Number: Not was adequate, but found that the Benzoylecgonine (9180) ...... II applicable. Hydrocodone (9193) ...... II respondent interested party group Levorphanol (9220) ...... II SUMMARY: The U.S. Department of Labor response with respect to Japan was Meperidine (9230) ...... II (USDOL), Bureau of International Labor inadequate. However, the Commission Methadone (9250) ...... II Affairs (ILAB), intends to award USD determined to conduct a full review Methadone Intermediate (9254) ... II 2.5 million through a sole source concerning subject imports from Japan Metopon (9260) ...... II cooperative agreement to Save the to promote administrative efficiency in Dextropropoxyphene (9273) ...... II Children Federation Inc. (STC), a U.S.- light of its decision to conduct a full Morphine (9300) ...... II based non-profit organization. This Thebaine (9333) ...... II review with respect to subject imports funding will be used over a four-year from Korea. A record of the Opium extracts (9610) ...... II Opium fluid extract (9620) ...... II period to support the current STC Commissioners’ votes, the Opium tincture (9630) ...... II project in Indonesia, ‘‘Enabling Commission’s statement on adequacy, Opium, powdered (9639) ...... II Communities to Combat Child and any individual Commissioner’s Opium, granulated (9640) ...... II Trafficking through Education,’’ by statements will be available from the Levo-alphacetylmethadol (9648) .. II extending project activities in the Office of the Secretary and at the Oxymorphone (9652) ...... II earthquake and tsunami stricken region Commission’s Web site. Noroxymorphone (9668) ...... II of Aceh and to bring USDOL funded Alfentanil (9737) ...... II child labor activities in Indonesia to a Authority: This review is being conducted Remifentanil (9739) ...... II under authority of title VII of the Tariff Act Sufentanil (9740) ...... II successful completion. USDOL also of 1930; this notice is published pursuant to Fentanyl (9801) ...... II intends to award USD 3.5 million section 207.62 of the Commission’s rules. through a sole source cooperative By order of the Commission. The company plans to manufacture agreement to World Education, Inc., a Issued: August 11, 2005. the listed controlled substances for U.S.-based non-profit organization. This Marilyn R. Abbott, internal use and for distribution to its funding will support a four-year second Secretary to the Commission. customers. phase of World Education’s ‘‘Brighter No comments or objections have been Futures Program: Combating Child [FR Doc. 05–16245 Filed 8–16–05; 8:45 am] Labor in Nepal through Education,’’ BILLING CODE 7020–02–P received. DEA has considered the factors in 21 U.S.C. 823(a) and because the activity to be funded is determined that the registration of essential to the satisfactory completion of this project. DEPARTMENT OF JUSTICE Mallinckrodt Inc. to manufacture the listed basic classes of controlled ILAB is authorized to award and administer this program by the Drug Enforcement Administration substances is consistent with the public interest at this time. DEA has Consolidated Appropriations Act, 2005, Manufacturer of Controlled investigated Mallinckrodt Inc. to ensure Pub. L. 108–447, 118 Stat. 2809 (2004), Substances; Notice of Registration that the company’s registration is which provided funding for USDOL to consistent with the public interest. The improve access to basic education in By Notice dated March 25, 2005, and investigation has included inspection international areas with a high rate of published in the Federal Register on and testing of the company’s physical abusive and exploitative child labor April 4, 2005 (70 FR 17124–17125), security systems, verification of the through the Child Labor Education Mallinckrodt Inc., 3600 North Second company’s compliance with state and Initiative (EI) grant program. Since 1995, Street, St. Louis, Missouri 63147, made local laws, and a review of the USDOL has awarded grants to application by renewal to the Drug company’s background and history. commercial, international, and non- Enforcement Administration (DEA) to Therefore, pursuant to 21 U.S.C. 823, governmental organizations working to be registered as a bulk manufacturer of and in accordance with 21 CFR 1301.33, eliminate the worst forms of child labor the basic classes of controlled the above named company is granted through the provision of basic substances listed in Schedules I and II: registration as a bulk manufacturer of education. The cooperative agreements awarded under this initiative will be Drug Schedule the basic classes of controlled substances listed. managed by ILAB’s International Child Labor Program to assure achievement of Tetrahydrocannabinols (7370) ...... I Dated: August 11, 2005. the awards’ stated goals. Codeine-N-oxide (9053) ...... I William J. Walker, Dihydromorphine (9145) ...... I Indonesia: ILAB finds STC uniquely Difenoxin (9168) ...... I Deputy Assistant Administrator, Office of qualified to implement a major program Morphine-N-oxide (9307) ...... I Diversion Control, Drug Enforcement to rapidly restore the educational sector Administration. in Aceh and thereby reduce children’s 1 Commissioner Marcia E. Miller did not [FR Doc. 05–16288 Filed 8–16–05; 8:45 am] vulnerability to trafficking and other participate in these determinations. BILLING CODE 4410–09–U forms of exploitation. STC has worked

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in Indonesia for over 30 years and was Timely provision of services in Aceh of program beneficiaries; and advocacy one of the leaders of the tsunami is crucial due to the fragile environment for the inclusion of child labor issues in emergency response effort in Aceh due created by the trauma and displacement national education programs. to its long-standing presence in the of the tsunami and the ongoing civil USDOL’s experience working with region. The target groups of children in conflict. Given STC’s longstanding World Education in Nepal began in Aceh include children being exploited presence and quality work in the region, 2002, when World Education submitted through work in the worst forms of strong existing on-the-ground a proposal to USDOL in response to a child labor and those at-risk of entering relationships, existing solid foundation solicitation for grant application under such work, including conscription into and counterpart funding for additional the EI. As a result of that competitive fighting in the civil conflict, and activities, and innovative education procurement process, USDOL entered working in the agriculture and fishing delivery methods, USDOL finds STC into a cooperative agreement with sectors in the reconstruction effort. uniquely qualified for this sole-source World Education to implement the STC is uniquely qualified by virtue of award and deems it highly capable of current EI project in Nepal called the its institutional and contextual providing timely and effective services Brighter Futures Program. World in Aceh. The awarding of further knowledge of Indonesia; its familiarity Education’s innovative approach in USDOL support to STC will allow the and strong networks with local officials, working with communities to provide program to expand its geographic organizations, and support groups; its quality education and increase access to coverage into Aceh and build on pre-existing presence in Aceh and schooling through capacity building and existing activities to rebuild and unparalleled experience providing strengthening of parent-teacher strengthen the education system in assistance to the region; its extensive associations and community/school Aceh as a means of reducing children’s working relationships with the targeted management committees has proven vulnerability to the worst forms of child communities; its readily available effective. As of early 2005, World labor and trafficking. personnel and facilities; and its Education has provided, or was in the experience with USDOL reporting and Nepal: ILAB finds World Education uniquely qualified to perform the process of providing, educational administrative requirements. services to 21,857 children removed Additionally, through their previous program activities in Nepal on a national scale. As a direct educational from the worst forms of child labor, work and tsunami relief in Aceh, STC exceeding its original program target of has already laid the groundwork for an service provider in Nepal, World Education has a high level of technical 17,000 children. Over 14,000 children expansion of the ENABLE project expertise in education and at-risk of entering exploitative labor activities and have identified sources of administrative oversight capabilities have also received one or more services counterpart funding that will multiply required to work with local through the program. the impact of the USDOL investment. implementing partners in targeted Given World Education’s The range of services provided by STC districts throughout Nepal. With an demonstrable ability to deliver quality includes innovative methods to increase extensive network of working services in a complex implementing access to formal and non-formal relationships with the government, environment, its extensive local education; generate public awareness; donors, local partners and communities, partnerships throughout many districts return, rehabilitate, and reintegrate and district education authorities in of Nepal, and its ability to work with trafficked children; and build capacity Nepal, World Education possesses a communities to address the problem of at all levels. unique ability to implement a child labor, USDOL finds World USDOL’s experience working with comprehensive program of direct Education to be uniquely qualified for STC began in the summer of 2004, when services to the intended target group of this sole source award. Further USDOL STC submitted proposals to USDOL in children. This group is comprised of support to World Education will allow response to solicitations for grant children working in the worst forms of the Brighter Futures Program time to applications under the EI. As a result of child labor and those at-risk of entering strengthen and expand activities the competitive processes, USDOL such work, including domestic service, undertaken through the current project entered into two cooperative agreements rag picking (recycling), portering, to ensure sustainability of the project’s with STC to implement EI projects, mining and quarrying, brick objectives after it is completed. including one in Indonesia. Activities manufacturing, bus transportation, For additional information on this completed as part of the current bonded labor, as well as those children award, please contact Charita Castro at Indonesian project include securing the trafficked for labor and sexual (202) 693–4843. Mailing address: U.S. support and involvement of the exploitation. government at the national, provincial The range of services of World Department of Labor, Bureau of and district levels; laying the ground Education’s Brighter Futures Program International Labor Affairs, 200 work for the return, recovery and includes development of a flexible, Constitution Avenue, NW., Room S– reintegration aspect of the program; and modular non-formal education 5307, Washington, DC 20210. signing of a Memorandum of curriculum and schooling program for Intergovernmental Review Understanding with the Police hospital child laborers; accelerated learning and to establish the Medical Recovery transition to formal school; practical This funding opportunity is not Center for victims of trafficking. skills training programs and subject to Executive Order 12372, However, Aceh was not included as one apprenticeships; psychosocial and ‘‘Intergovernmental Review of Federal of the initial target areas in the original career counseling; improved access and Programs.’’ cooperative agreement due to the civil quality of the formal education system Signed in Washington, DC, this 9th day of conflict and restrictions placed by the through parent-teacher association and August, 2005. government on foreign assistance in the community/school management region. The government has since committee development; training of Lisa Harvey, removed the restrictions, in part due to teacher trainers; ongoing collection of Grant Officer. concerns about trafficking in the post- baseline data to design well-targeted [FR Doc. 05–16273 Filed 8–16–05; 8:45 am] tsunami environment. interventions and track the performance BILLING CODE 4510–28–P

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NUCLEAR REGULATORY sleeve reference and the TIG (tungsten floor), Rockville, Maryland. Publicly COMMISSION inert gas) welded SG sleeve repair limit available records will be accessible from for BVPS–2 only, (10) revising the the Agencywide Documents Access and [Docket Nos. 50–334 and 50–412] specific activity for the primary coolant Management System’s (ADAMS’s) FirstEnergy Nuclear Operating system for BVPS–1 only, (11) increasing Public Electronic Reading Room on the Company (FENOC), et al.; Notice of the band for accumulator water volume Internet at the NRC Web site, http:// Consideration of Issuance of and nitrogen pressure, (12) revising the www.nrc.gov/reading-rm/doc- Amendments to Facility Operating required charging pump discharge collections/cfr/. If a request for a hearing Licenses and Opportunity for a pressure for reactor coolant pump seal or petition for leave to intervene is filed Hearing injection flow, (13) revising the by the above date, the Commission or a tolerance settings for the main steam presiding officer designated by the The U.S. Nuclear Regulatory safety valves (MSSVs), (14) changing the Commission or by the Chief Commission (the Commission) is allowable power limits associated with Administrative Judge of the Atomic considering issuance of amendments to inoperable MSSVs, (15) revising the Safety and Licensing Board Panel, will Facility Operating License Nos. DPR–66 primary plant demineralized water rule on the request and/or petition; and and NPF–73, issued to FENOC (the storage tank volume, (16) revising the the Secretary or the Chief licensee), for operation of the Beaver specific activity of the secondary Administrative Judge of the Atomic Valley Power Station, Unit Nos. 1 and coolant system for BVPS–1 only, and Safety and Licensing Board will issue a 2 (BVPS–1 and 2) located in Beaver (17) adding WCAP–14565 and WCAP– notice of a hearing or an appropriate County, Pennsylvania. 15025 to the list of NRC-approved order. The proposed amendments would methodologies in TS 6.9.5. As required by 10 CFR 2.309, a revise the BVPS–1 and 2 Facility In addition, the licensee has requested petition for leave to intervene shall set Operating Licenses to allow operation at numerous TS changes that are not forth with particularity the interest of a maximum authorized power level of directly related to the EPU request. the petitioner/requestor in the 2900 megawatts thermal (MWt), from These include: (1) Deleting the Power proceeding, and how that interest may the current maximum authorized power Range, Neutron Flux High Negative Rate be affected by the results of the level of 2689 MWt. This represents an trip, (2) adding a footnote to Table 3.3– proceeding. The petition should approximate 8% increase in the 3, ‘‘Engineered Safety Features specifically explain the reasons why maximum authorized power level and is Actuation System Instrumentation,’’ intervention should be permitted with categorized as an extended power concerning time constraints for particular reference to the following uprate (EPU). The proposed steamline pressure low for BVPS–1 general requirements: (1) The name, amendments would authorize operation only, (3) removing the boron injection address and telephone number of the of BVPS–1 with replacement Model 54F tank concentration TS for BVPS–1 only, requestor or petitioner; steam generators (SGs) installed. The and (4) renaming the boron injection (2) the nature of the requestor’s/ proposed amendments would authorize tank flow path TS for BVPS–1 only. petitioner’s right under the Act to be the use of an alternate source term Administrative TS changes to remove made a party to the proceeding; (3) the (AST) in accordance with Title 10 of the the amendment number from the nature and extent of the requestor’s/ Code of Federal Regulations (10 CFR), operating licenses in paragraphs 2.C(2) petitioner’s property, financial, or other part 50, Section 50.67, ‘‘Accident source for BVPS–1 and 2 and to correct an interest in the proceeding; and (4) the term.’’ Specific guidance for AST inconsistency regarding a referenced possible effect of any decision or order implementation is contained in permissive for BVPS–1 were also which may be entered in the proceeding Regulatory Guide 1.183, ‘‘Alternative proposed. on the requestor’s/petitioner’s interest. Radiological Source Terms for Before issuance of the proposed The petition must also identify the Evaluating Design Basis Accidents at license amendment, the Commission specific contentions which the Nuclear Power Reactors.’’ The licensee will have made findings required by the petitioner/requestor seeks to have has superseded the portion of this Atomic Energy Act of 1954, as amended litigated at the proceeding. amendment request related to the (the Act), and the Commission’s Each contention must consist of a BVPS–1 SG replacement by its regulations. specific statement of the issue of law or applications dated April 13, 2005, for Within 60 days after the date of fact to be raised or controverted. In BVPS–1 SG replacement. Specific publication of this notice, the licensee addition, the petitioner/requestor shall Technical Specification (TS) changes may file a request for a hearing with provide a brief explanation of the bases requested to support the EPU include: respect to issuance of the amendment to for the contention and a concise (1) Revising the definition of Rated the subject facility operating license and statement of the alleged facts or expert Thermal Power, (2) revising fuel any person whose interest may be opinion which support the contention assembly specific departure from affected by this proceeding and who and on which the petitioner intends to nucleate boiling ratios and correlations, wishes to participate as a party in the rely in proving the contention at the (3) raising the maximum temperature of proceeding must file a written request hearing. The petitioner must also the refueling water storage tank, (4) for a hearing and a petition for leave to provide references to those specific modifying Overtemperature DT and intervene. Requests for a hearing and a sources and documents of which the Overpower DT equations for BVPS–1 petition for leave to intervene shall be petitioner is aware and on which the only, (5) revising the SG water level filed in accordance with the petitioner intends to rely to establish low-low and high-high trip setpoints for Commission’s ‘‘Rules of Practice for those facts or expert opinion. The BVPS–1 only, (6) revising the required Domestic Licensing Proceedings’’ in 10 petition must include sufficient SG secondary side level in Modes 4 and CFR Part 2. Interested persons should information to show that a genuine 5 for BVPS–1 only, (7) raising the consult a current copy of 10 CFR 2.309, dispute exists with the applicant on a tolerance settings for the pressurizer which is available at the Commission’s material issue of law or fact. safety valves, (8) revising the SG TSs to public document room (PDR), located at Contentions shall be limited to matters reflect the replacement SGs for BVPS– One White Flint North, Public File Area within the scope of the amendment 1 only, (9) revising the SG TS tube O–1F21, 11555 Rockville Pike (first under consideration. The contention

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must be one which, if proven, would Rockville, Maryland. Publicly available only during those portions of the entitle the petitioner/requestor to relief. records will be accessible electronically meeting that are open to the public. A petitioner/requestor who fails to from the ADAMS Public Electronic Further information regarding this satisfy these requirements with respect Reading Room on the Internet at the meeting can be obtained by contacting to at least one contention will not be NRC Web site, http://www.nrc.gov/ the Designated Federal Official between permitted to participate as a party. reading-rm/adams.html. Persons who 7:30 a.m. and 4:15 p.m. (e.t.). Persons Those permitted to intervene become do not have access to ADAMS or who planning to attend this meeting are parties to the proceeding, subject to any encounter problems in accessing the urged to contact the above named limitations in the order granting leave to documents located in ADAMS, should individual at least two working days intervene, and have the opportunity to contact the NRC PDR Reference staff by prior to the meeting to be advised of any participate fully in the conduct of the telephone at 1–800–397–4209, 301– potential changes in the agenda. hearing. 415–4737, or by e-mail to [email protected]. Dated: August 3, 2005. Nontimely requests and/or petitions and contentions will not be entertained Dated at Rockville, Maryland, this 11th day Michael L. Scott, of August, 2005. absent a determination by the Branch Chief, ACRS/ACNW. Commission or the presiding officer of For the Nuclear Regulatory Commission. [FR Doc. E5–4484 Filed 8–16–05; 8:45 am] the Atomic Safety and Licensing Board Timothy G. Colburn, BILLING CODE 7590–01–P that the petition, request and/or the Senior Project Manager, Section 1, Project contentions should be granted based on Directorate I, Division of Licensing Project a balancing of the factors specified in 10 Management, Office of Nuclear Reactor NUCLEAR REGULATORY CFR 2.309(a)(1)(i)–(viii). Regulation. COMMISSION A request for a hearing or a petition [FR Doc. E5–4483 Filed 8–16–05; 8:45 am] for leave to intervene must be filed by: BILLING CODE 7590–01–P Advisory Committee on Reactor (1) First class mail addressed to the Safeguards; Meeting of the Office of the Secretary of the Subcommittee on Early Site Permits; Commission, U.S. Nuclear Regulatory NUCLEAR REGULATORY Notice of Meeting COMMISSION Commission, Washington, DC 20555– The ACRS Subcommittee on Early 0001, Attention: Rulemaking and Advisory Committee on Reactor Site Permits will hold a meeting on Adjudications Staff; (2) courier, express Safeguards; Subcommittee Meeting on September 7, 2005, Room T–2B3, 11545 mail, and expedited delivery services: Planning and Procedures; Notice of Rockville Pike, Rockville, Maryland. Office of the Secretary, Sixteenth Floor, Meeting The entire meeting will be open to One White Flint North, 11555 Rockville public attendance. Pike, Rockville, Maryland 20852. The ACRS Subcommittee on Planning The agenda for the subject meeting Attention: Rulemaking and and Procedures will hold a meeting on shall be as follows: Adjudications Staff; (3) E-mail September 7, 2005, Room T–2B1, 11545 Wednesday, September 7, 2005—8:30 addressed to the Office of the Secretary, Rockville Pike, Rockville, Maryland. U.S. Nuclear Regulatory Commission, a.m. Until the Conclusion of Business The entire meeting will be open to [email protected]; or (4) The Subcommittee will discuss and public attendance, with the exception of facsimile transmission addressed to the review the staff’s draft safety evaluation a portion that may be closed pursuant Office of the Secretary, U.S. Nuclear report related to early site permit for the to 5 U.S.C. 552b(c)(2) and (6) to discuss Regulatory Commission, Washington, Clinton site and the application organizational and personnel matters DC, Attention: Rulemakings and submitted by Exelon Generation that relate solely to the internal Adjudications Staff at (301) 415–1101, Company, LLC (Exelon). The personnel rules and practices of the verification number is (301) 415–1966. Subcommittee will hear presentations ACRS, and information the release of A copy of the request for hearing and by and hold discussions with which would constitute a clearly petition for leave to intervene should representatives of the NRC staff, Exelon, unwarranted invasion of personal also be sent to the Office of the General and other interested persons regarding privacy. Counsel, U.S. Nuclear Regulatory this matter. The Subcommittee will Commission, Washington, DC 20555– The agenda for the subject meeting gather information, analyze relevant 0001, and it is requested that copies be shall be as follows: issues and facts, and formulate transmitted either by means of facsimile Wednesday, September 7, 2005, 11:00 proposed positions and actions, as transmission to 301–415–3725 or by e- a.m.–12:30 p.m. appropriate, for deliberation by the full mail to [email protected]. A copy Committee. of the request for hearing and petition The Subcommittee will discuss Members of the public desiring to for leave to intervene should also be proposed ACRS activities and related provide oral statements and/or written sent to Mary O’Reilly, FirstEnergy matters. The Subcommittee will gather comments should notify the Designated Nuclear Operating Company, information, analyze relevant issues and Federal Official, Dr. Medhat M. El- FirstEnergy Corporation, 76 South Main facts, and formulate proposed positions Zeftawy (telephone 301/415–6889) five Street, Akron, OH 44308, attorney for and actions, as appropriate, for days prior to the meeting, if possible, so the licensee. deliberation by the full Committee. that appropriate arrangements can be For further details with respect to this Members of the public desiring to made. Electronic recordings will be action, see the application for provide oral statements and/or written permitted. amendment dated October 4, 2004, and comments should notify the Designated Further information regarding this supplements dated February 23, May Federal Official, Mr. Sam Duraiswamy meeting can be obtained by contacting 26, and July 8, 2005, which are available (telephone: 301–415–7364) between the Designated Federal Official between for public inspection at the 7:30 a.m. and 4:15 p.m. (e.t.) five days 7:30 a.m. and 4:15 p.m. (e.t.). Persons Commission’s PDR, located at One prior to the meeting, if possible, so that planning to attend this meeting are White Flint North, Public File Area O– appropriate arrangements can be made. urged to contact the above named 1F21, 11555 Rockville Pike (first floor), Electronic recordings will be permitted individual at least two working days

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prior to the meeting to be advised of any Removal Systems,’’ related to quality assessment of the NRC research potential changes to the agenda. emergency core cooling system net projects on: Standardized Plant Analysis Dated: August 10, 2005. positive suction head (NPSH) and the Risk (SPAR) Models Development Michael L. Scott, use of containment overpressure credit Program; Steam Generator Tube in calculating NPSH. Integrity Program at the Argonne Branch Chief, ACRS/ACNW. 3:45 p.m.–5:45 p.m.: Possible National Laboratory; and the Thermal- [FR Doc. E5–4485 Filed 8–16–05; 8:45 am] Alternative Embrittlement Criteria to Hydraulic Test Program at the Penn BILLING CODE 7590–01–P Those in 10 CFR 50.46 (Open)—The State University. Committee will hear presentations by 2:30 p.m.–3:15 p.m.: Future ACRS and hold discussions with Activities/Report of the Planning and NUCLEAR REGULATORY representatives of the NRC staff, Electric Procedures Subcommittee (Open)—The COMMISSION Power Research Institute, and Committee will discuss the Advisory Committee on Reactor Framatome regarding possible recommendations of the Planning and Safeguards; Meeting Notice alternative embrittlement criteria to Procedures Subcommittee regarding those in 10 CFR 50.46, ‘‘Acceptance items proposed for consideration by the In accordance with the purposes of Criteria for Emergency Core Cooling full Committee during future meetings. Sections 29 and 182b. of the Atomic Systems for Light-Water Nuclear Power Also, it will hear a report of the Energy Act (42 U.S.C. 2039, 2232b), the Reactors,’’ and related matters. Planning and Procedures Subcommittee Advisory Committee on Reactor 6 p.m.–7 p.m.: Preparation of ACRS on matters related to the conduct of Safeguards (ACRS) will hold a meeting Reports (Open)—The Committee will ACRS business, including anticipated on September 8–10, 2005, 11545 discuss proposed ACRS reports on workload and member assignments. Rockville Pike, Rockville, Maryland. matters considered during this meeting 3:15 p.m.–3:30 p.m.: Reconciliation of The date of this meeting was previously as well as a proposed report on policy ACRS Comments and published in the Federal Register on issues related to new plant licensing. Recommendations (Open)—The Wednesday, November 24, 2004 (69 FR Committee will discuss the responses Friday, September 9, 2005, Conference 68412). from the EDO to comments and Room T–2B3, Two White Flint North, recommendations included in recent Thursday, September 8, 2005, Rockville, Maryland ACRS reports and letters. Conference Room T–2B3, Two White 8:30 a.m.–8:35 a.m.: Opening 3:45 p.m.–7 p.m.: Preparation of Flint North, Rockville, Maryland Remarks by the ACRS Chairman ACRS Reports (Open)—The Committee 8:30 a.m.–8:35 a.m.: Opening (Open)—The ACRS Chairman will make will discuss proposed ACRS reports. Remarks by the ACRS Chairman opening remarks regarding the conduct (Open)—The ACRS Chairman will make of the meeting. Saturday, September 10, 2005, opening remarks regarding the conduct 8:35 a.m.–9:45 a.m.: Draft Final Conference Room T–2B3, Two White of the meeting. Updates to License Renewal Guidance Flint North, Rockville, Maryland 8:35 a.m.–9:45 a.m.: Final Review of Documents (Open)—The Committee 8:30 a.m.–3 p.m.: Preparation of the License Renewal Application for will hear presentations by and hold ACRS Reports (Open)—The Committee Millstone Power Station, Units 2 and 3 discussions with representatives of the will continue its discussion of proposed (Open)—The Committee will hear NRC staff regarding draft final updates ACRS reports. presentations by and hold discussions to NUREG–1800, Revision 1, ‘‘Standard 3 p.m.—3:30 p.m.: Miscellaneous with representatives of the Dominion Review Plan for Review of License (Open)—The Committee will discuss Nuclear Connecticut, Inc. and the NRC Renewal Applications for Nuclear matters related to the conduct of staff regarding the license renewal Power Plants,’’ NUREG–1801, Revision Committee activities and matters and application for Millstone Power Station, 1, ‘‘Generic Aging Lessons Learned specific issues that were not completed Units 2 and 3 and the associated Final (GALL) Report,’’ Regulatory Guide during previous meetings, as time and Safety Evaluation Report prepared by 1.188, Revision 1, ‘‘Standard Format availability of information permit. the NRC staff. and Content for Applications to Renew Procedures for the conduct of and 10 a.m.–12 Noon: Interim Review of Nuclear Power Plant Operating participation in ACRS meetings were the Exelon/Clinton Early Site Permit Licenses,’’ and NEI 95–10, Revision 6, published in the Federal Register on Application (Open)—The Committee ‘‘Industry Guidelines for Implementing October 5, 2004 (69 FR 59620). In will hear presentations by and hold the Requirements of 10 CFR Part 54— accordance with those procedures, oral discussions with representatives of the The License Renewal Rule,’’ which is or written views may be presented by Exelon Generation Company, LLC and endorsed by Regulatory Guide 1.188. members of the public, including the NRC staff regarding the Clinton early 10 a.m.–12 Noon: Meeting with the representatives of the nuclear industry. site permit application and the EDO, Deputy EDOs, and NRC Program Electronic recordings will be permitted associated Draft Safety Evaluation Office Directors (Open)—The Committee only during the open portions of the Report prepared by the NRC staff. will hear presentations by and hold meeting. Persons desiring to make oral 1:30 p.m.–3:30 p.m.: Proposed discussions with the NRC Executive statements should notify the Cognizant Revision 4 to Regulatory Guide 1.82, Director for Operations (EDO), Deputy ACRS staff named below five days ‘‘Water Sources for Long-Term EDOs, Office Directors of Nuclear before the meeting, if possible, so that Recirculation Cooling Following a Loss- Reactor Regulation, Nuclear Regulatory appropriate arrangements can be made of-Coolant Accident’’ (Open)—The Research, and Nuclear Material Safety to allow necessary time during the Committee will hear presentations by and Safeguards regarding items of meeting for such statements. Use of still, and hold discussions with mutual interest. motion picture, and television cameras representatives of the NRC staff 1:30 p.m.–2:30 p.m.: Interim Results during the meeting may be limited to regarding proposed Revision 4 to of the Quality Assessment of Selected selected portions of the meeting as Regulatory Guide 1.82 and the NRC Research Projects (Open)—The determined by the Chairman. supporting Standard Review Plan, Committee will discuss the interim Information regarding the time to be set Section 6.2.2, ‘‘Containment Heat results of the cognizant ACRS panel’s aside for this purpose may be obtained

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by contacting the Cognizant ACRS staff Purpose: Public Hearing in Investment Company Act of 1940 prior to the meeting. In view of the conjunction with each meeting of (‘‘Act’’) for an exemption from sections possibility that the schedule for ACRS OPIC’s Board of Directors, to afford an 12(d)(1)(A) and (B) of the Act, under meetings may be adjusted by the opportunity for any person to present sections 6(c) and 17(b) of the Act for an Chairman as necessary to facilitate the views regarding the activities of the exemption from section 17(a) of the Act, conduct of the meeting, persons Corporation. and under section 17(d) of the Act and planning to attend should check with Procedures: rule 17d–1 under the Act to permit the Cognizant ACRS staff if such Individuals wishing to address the certain joint transactions. rescheduling would result in major hearing orally must provide advance inconvenience. notice to OPIC’s Corporate Secretary no Applicants: AXP California Tax- Further information regarding topics later than 5 p.m., Wednesday, August Exempt Trust, AXP Dimensions Series, to be discussed, whether the meeting 31, 2005. The notice must include the Inc., AXP Discovery Series, Inc., AXP has been canceled or rescheduled, as individual’s name, title, organization, Equity Series, Inc., AXP Fixed Income well as the Chairman’s ruling on address, and telephone number, and a Series, Inc., AXP Global Series, Inc., requests for the opportunity to present concise summary of the subject matter AXP Government Income Series, Inc., oral statements and the time allotted to be presented. AXP Growth Series, Inc., AXP High therefor can be obtained by contacting Oral presentations may not exceed ten Yield Income Series, Inc., AXP High Mr. Sam Duraiswamy, Cognizant ACRS (10) minutes. The time for individual Yield Tax-Exempt Series, Inc., AXP staff (301–415–7364), between 7:30 a.m. presentations may be reduced Income Series, Inc., AXP International and 4:15 p.m., e.t. proportionately, if necessary, to afford Series, Inc., AXP Investment Series, ACRS meeting agenda, meeting all participants who have submitted a Inc., AXP Managed Series, Inc., AXP transcripts, and letter reports are timely request to participate in an Market Advantage Series, Inc., AXP available through the NRC Public opportunity to be heard. Money Market Series, Inc., AXP Document Room at [email protected], or by Participants wishing to submit a Partners International Series, Inc., AXP calling the PDR at 1–800–397–4209, or written statement for the record must Partners Series, Inc., AXP Sector Series, from the Publicly Available Records submit a copy of such statement to Inc., AXP Selected Series, Inc., AXP System (PARS) component of NRC’s OPIC’s Corporate Secretary no later than Special Tax-Exempt Series Trust, AXP document system (ADAMS) which is 5 p.m. Wednesday, August 31, 2005. Stock Series, Inc., AXP Strategy Series, accessible from the NRC Web site at Such statements must be typewritten, Inc., AXP Tax-Exempt Series, Inc., AXP http://www.nrc.gov/reading-rm/ double-spaced, and may not exceed Tax-Free Money Series, Inc. (together, adams.html or http://www.nrc.gov/ twenty-five (25) pages. the ‘‘AXP Funds’’), AXP Variable reading-rm/doc-collections/ (ACRS & Upon receipt of the required notice, Portfolio-Income Series, Inc., AXP ACNW Mtg schedules/agendas). OPIC will prepare an agenda for the Variable Portfolio-Investment Series, Videoteleconferencing service is hearing identifying speakers, setting Inc., AXP Variable Portfolio-Managed available for observing open sessions of forth the subject on which each Series, Inc., AXP Variable Portfolio- ACRS meetings. Those wishing to use participant will speak, and the time Money Market Series, Inc., AXP this service for observing ACRS allotted for each presentation. The Variable Portfolio-Partners Series, Inc., meetings should contact Mr. Theron agenda will be available at the hearing. AXP Variable Portfolio-Select Series, Brown, ACRS Audio Visual Technician A written summary of the hearing will Inc. (these six entities together, the (301–415–8066), between 7:30 a.m. and be compiled, and such summary will be ‘‘Variable Portfolio Funds’’), Growth 3:45 p.m., e.t., at least 10 days before the made available, upon written request to Trust, Growth and Income Trust, meeting to ensure the availability of this OPIC’s Corporate Secretary, at the cost Income Trust, Tax-Free Income Trust, service. Individuals or organizations of reproduction. World Trust (these five entities together, requesting this service will be Contact Person For Information: the ‘‘Master Trusts’’) and Ameriprise responsible for telephone line charges Information on the hearing may be Financial, Inc., formerly known as and for providing the equipment and obtained from Connie M. Downs at (202) American Express Financial facilities that they use to establish the 336–8438, via facsimile at (202) 218– Corporation (‘‘AFI’’, and together with videoteleconferencing link. The 0136, or via e-mail at [email protected]. the AXP Funds, the Variable Portfolio availability of videoteleconferencing Dated: August 15, 2005. Funds and the Master Trusts, the services is not guaranteed. 1 Connie M. Downs, ‘‘Applicants’’). Dated: August 11, 2005 OPIC Corporate Secretary. 1 Andrew L. Bates, Applicants request that any relief granted also [FR Doc. 05–16380 Filed 8–15–05; 12:07 pm] apply to (i) any existing or future registered Advisory Committee Management Officer. BILLING CODE 3210–01–M management investment companies and their series [FR Doc. E5–4486 Filed 8–16–05; 8:45 am] that are part of the same ‘‘group of investment companies’’ as defined in section 12(d)(1)(G) of the BILLING CODE 7590–01–P Act and for which AFI or a person controlling, SECURITIES AND EXCHANGE controlled by or under common control (within the COMMISSION meaning of section 2(a)(9) of the Act) with AFI OVERSEAS PRIVATE INVESTMENT (each, an ‘‘Adviser’’) serves as investment adviser CORPORATION [Investment Company Act Release No. (‘‘Registered Funds’’) and (ii) any existing or future 27027; 812–13026] unregistered entities for which an Adviser serves as investment adviser, trustee, managing member or September 8, 2005 Public Hearing general partner exercising investment discretion, AXP California Tax-Exempt Trust, et and which are excepted from the definition of Time and Date: 2 p.m., Thursday, al.; Notice of Application investment company pursuant to section 3(c)(1) or September 8, 2005. section 3(c)(7) of the Act (‘‘Unregistered Funds’’), Place: Offices of the Corporation, August 11, 2005. qualified employee benefit plans, trusts, Twelfth Floor Board Room, 1100 New AGENCY: Securities and Exchange institutional accounts, bank common funds and Commission (‘‘Commission’’). bank collective trusts (within the meaning of York Avenue, NW., Washington, DC. section 3(c)(11) of the Act) that are not investment Status: Hearing Open to the Public at ACTION: Notice of application for an companies as defined in the Act (‘‘Other 2 p.m. order under section 12(d)(1)(J) of the Institutional Clients’’, and together with the

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Summary of Application: Applicants Registered Fund is a corporation equal at all times to at least the market request an order to permit certain organized under the laws of the State of value of the securities loaned. registered management investment Minnesota. AXP California Tax-Exempt 4. Applicants request relief to the companies and unregistered entities to Trust, AXP Special Tax-Exempt Series extent necessary to permit: (i) The invest uninvested cash and cash Trust and the Master Trusts are Participating Clients to utilize collateral in affiliated registered money organized as Massachusetts business Uninvested Cash to purchase shares of market funds. trusts. AFI serves as the investment one or more Registered Funds that Filing Dates: The application was adviser to the Registered Funds. Each of comply with rule 2a–7 under the Act filed on September 30, 2003 and AFI and any other Adviser serving as (‘‘Money Market Funds’’) and to redeem amended on May 20, 2005 and August investment adviser to a Registered Fund such shares; (ii) each of the Participating 8, 2005. is registered under the Investment Clients to utilize Cash Collateral Hearing or Notification of Hearing: An Advisers Act of 1940. received from the borrowers of its order granting the application will be portfolio securities in connection with issued unless the Commission orders a 2. Certain of the Registered Funds are the Participating Client’s Securities hearing. Interested persons may request ‘‘feeder funds’’ (‘‘Feeder Funds’’) that Lending Program to purchase shares of a hearing by writing to the seek to achieve their respective one or more of the Money Market Funds Commission’s Secretary and serving investment objectives by investing all and to redeem such shares; (iii) the applicants with a copy of the request, their net investable assets, in reliance on Money Market Funds to sell shares to, personally or by mail. Hearing requests section 12(d)(1)(E) of the Act, in and purchase such shares from, the should be received by the Commission corresponding series of the Registered Participating Clients; and (iv) an by 5:30 p.m. on September 1, 2005, and Funds which are ‘‘master funds’’ Adviser to effect such purchases and 2 should be accompanied by proof of (‘‘Master Funds’’). Shares of the sales. The Money Market Funds will service on the applicants, in the form of Variable Portfolio Funds are sold seek current income, liquidity and an affidavit, or, for lawyers, a certificate exclusively to insurance company capital preservation by investing of service. Hearing requests should state separate accounts that fund variable exclusively in short-term money market the nature of the writer’s interest, the annuity and/or variable life contracts. instruments that are valued at their reason for the request, and the issues 3. Certain of the Clients amortized cost pursuant to rule 2a–7 contested. Persons who wish to be (‘‘Participating Clients’’) have, or may be under the Act. Investment of Cash notified of a hearing may request expected to have, cash reserves that Balances in shares of the Money Market notification by writing to the have not been invested in portfolio Funds will be in accordance with each Commission’s Secretary. securities (‘‘Uninvested Cash’’).3 Participating Fund’s investment ADDRESSES: Secretary, Commission, 100 Uninvested Cash may result from a restrictions, if any, and will be F Street, NE., Washington, DC, 20549– variety of sources, including dividends consistent with its objectives and 9303; Applicants, c/o Arthur C. Delibert, or interest received on portfolio policies as set forth in its registration Esq. and Fatima Sulaiman, Esq., securities, unsettled securities statement and reports filed under the Kirkpatrick & Lockhart Nicholson transactions, reserves held for Act. Applicants submit that investing Graham LLP, 1800 Massachusetts investment strategy purposes, scheduled Cash Balances in shares of the Money Avenue, NW, Washington, DC, 20036– maturity of investments, proceeds from Market Funds is in the best interests of 1221. liquidation of investment securities to the Participating Funds and their shareholders because the Participating meet anticipated redemptions and FOR FURTHER INFORMATION CONTACT: Funds expect to benefit from economies dividend payments, and new monies Shannon Conaty, Senior Counsel, at of scale that maximize investment received from investors. Certain of the (202) 551–6827 or Janet M. Grossnickle, opportunities, minimize credit and Participating Clients also may Branch Chief, at (202) 551–6821 interest rate risks, facilitate management participate in a securities lending (Division of Investment Management, of liquidity and minimize program under which a Participating Office of Investment Company administrative costs. Regulation). Client may lend its portfolio securities to registered broker-dealers or other Applicants’ Legal Analysis SUPPLEMENTARY INFORMATION: The institutional investors deemed by the 1. Section 12(d)(1)(A) of the Act following is a summary of the Adviser to be in good standing application. The complete application provides that no registered investment (‘‘Securities Lending Program’’). The company may acquire securities of may be obtained for a fee at the loans will be continuously secured by Commission’s Public Reference Branch, another investment company if such collateral which may include cash securities represent more than 3% of the 100 F Street, NE., Washington, DC (‘‘Cash Collateral’’, and together with 20549–0102 (telephone (202) 551–5850). acquired company’s outstanding voting Uninvested Cash, ‘‘Cash Balances’’) stock, more than 5% of the acquiring Applicants’ Representations company’s total assets, or if such 1. Each of the Registered Funds is 2 Applicants also wish to have the flexibility to securities, together with the securities of allow the Feeder Funds to engage directly in the other acquired investment companies, registered under the Act as an open-end transactions described in the application if, in the management investment company. future, the Feeder Funds were to terminate their represent more than 10% of the Except for AXP California Tax-Exempt master-feeder structure and instead invest directly acquiring company’s total assets. Trust, AXP Special Tax-Exempt Series in investment securities as single-tier funds. To Section 12(d)(1)(B) of the Act provides have this flexibility, Applicants request relief to that no registered open-end investment Trust and the Master Trusts, each engage in the transactions described in the application on behalf of each Feeder Fund as well company, its principal underwriter or Registered Funds and the Unregistered Funds, the as each Master Fund. Applicants further any broker or dealer may sell any ‘‘Clients’’). All existing Advisers, Registered Funds acknowledge that if the Feeder Funds terminate security of the company to another and Unregistered Funds that currently intend to their master-feeder structure, the Feeder Funds will investment company if the sale will rely on the requested relief have been named as rely on the requested relief only in accordance with applicants. All entities that rely on the requested all of the terms and conditions of the application. cause the acquiring company to own order in the future will do so only in accordance 3 The Participating Clients that are Registered more than 3% of the acquired with the terms and conditions of the application. Funds are the ‘‘Participating Funds.’’ company’s voting stock, or if the sale

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will cause more than 10% of the Participating Fund’s investment) at the beneficial interests of one or more of the acquired company’s voting stock to be time of the investment. In connection Money Market Funds and thus the owned by investment companies. Any with approving any advisory contract Participating Fund and the Money entity that is excluded from the between an Adviser and the Market Funds may be deemed to be definition of ‘‘investment company’’ Participating Funds, the boards of affiliated persons of each other. under section 3(c)(1) or 3(c)(7) of the directors, trustees or managers of the Accordingly, the sale of the shares of the Act is deemed to be an investment Participating Funds (each, a ‘‘Board’’ Money Market Funds to the company for the purposes of the 3% and together the ‘‘Boards’’), including a Participating Funds, and the redemption limitation specified in sections majority who are not ‘‘interested of the shares by the Participating Funds, 12(d)(1)(A) and (B) with respect to persons’’ within the meaning of section may be prohibited under section 17(a) of purchases by and sales to such entity of 2(a)(19) of the Act (‘‘Independent Board the Act. securities of a registered investment Members’’), will consider to what 5. Section 17(b) of the Act authorizes company. extent, if any, the advisory fees charged the Commission to exempt a proposed 2. Section 12(d)(1)(J) of the Act to each Participating Fund by the transaction from section 17(a) of the Act provides that the Commission may Adviser should be reduced to account if the terms of the proposed transaction, exempt any person, security, or for reduced services provided to the including the consideration to be paid transaction (or any classes thereof) from Participating Fund by the Adviser as a or received, are reasonable and fair and any provision of section 12(d)(1) if, and result of Uninvested Cash being do not involve overreaching on the part to the extent that, such exemption is invested in the Money Market Funds. of any person concerned, and the consistent with the public interest and Applicants represent that no Money proposed transaction is consistent with the protection of investors. Applicants Market Fund will acquire securities of the policy of each registered investment request an exemption from the any other investment company or company concerned and with the provisions of sections 12(d)(1)(A) and company relying on section 3(c)(1) or general purposes of the Act. Section 6(c) (B) to the extent necessary to permit 3(c)(7) of the Act in excess of the limits of the Act permits the Commission, by each Participating Fund and contained in section 12(d)(1)(A) of the order upon application, to exempt any Unregistered Fund to invest Cash Act, except securities of a registered person, security or transaction, or any Balances in the Money Market Funds. open-end investment company in the class or classes of persons, securities or Applicants also request relief to the same group of investment companies as transactions, from any provision of the extent necessary to permit a Money the Money Market Fund to the extent Act if the exemption is necessary or Market Fund, its principal underwriter permitted by section 12(d)(1)(E) of the appropriate in the public interest and and any broker or dealer to sell shares Act. consistent with the protection of of the Money Market Fund to the investors and the purposes fairly Participating Funds and Unregistered 4. Section 17(a) of the Act makes it intended by the policy and provisions of Funds in excess of the percentage unlawful for any affiliated person of a the Act. limitations in section 12(d)(1)(B). registered investment company, or an 6. Applicants submit that their 3. Applicants state that the proposed affiliated person of such person, acting request for relief to permit the purchase arrangement will not result in the as principal, to sell or purchase any and redemption of shares of the Money abuses that sections 12(d)(1)(A) and (B) security to or from the investment Market Funds by the Participating were intended to prevent. Applicants company. Section 2(a)(3) of the Act Funds satisfies the standards in sections state that because each Money Market defines an ‘‘affiliated person’’ of an 6(c) and 17(b) of the Act. Applicants Fund will maintain a highly liquid investment company to include any note that the consideration paid and portfolio, a Participating Fund or investment adviser to the company, any received on the sale and redemption of Unregistered Fund will not be in a person directly or indirectly owning, shares of the Money Market Funds will position to gain undue influence over a controlling, or holding with power to be based on the net asset value per share Money Market Fund through threat of vote 5% or more of the outstanding of the Money Market Funds. In addition, redemption. Applicants also submit that voting securities of such other person, Applicants state that the Participating the proposed arrangement will not or any person 5% or more of whose Funds will retain their ability to invest result in the inappropriate layering of outstanding securities are directly or Cash Balances directly in money market fees because shares of the Money Market indirectly owned, controlled, or held instruments as authorized by their Funds sold to the Participating Funds with power to vote, by such other respective investment objectives and will not be subject to a sales load, person, and any person directly or policies if they believe they can obtain redemption fee, asset-based distribution indirectly controlling, controlled by, or a higher rate of return without incurring fee adopted in accordance with rule under common control with such other additional risk or for any other reason. 12b-1 under the Act or service fee (as person. Because the Adviser serves, or Applicants represent that a Money defined in rule 2830(b)(9) of the will serve, as investment adviser to the Market Fund reserves the right to Conduct Rules of the National Participating Funds, it may be deemed discontinue selling shares to any of the Association of Securities Dealers, Inc. to be an affiliated person of each Participating Clients if the Money (‘‘NASD’’)), or, if such shares are subject Participating Fund under section 2(a)(3) Market Fund’s Board determines that to any such fees, the Adviser for each of the Act. In addition, Applicants state such sale would adversely affect the Participating Fund will waive its that because the Participating Funds Money Market Fund’s portfolio advisory fee for each Participating Fund share a common investment adviser and management and operations. in an amount that offsets the amount of the Participating Funds share common 7. Section 17(d) of the Act and rule such fees incurred by the Participating officers and Boards, the Participating 17d–1 under the Act prohibit an Fund. If a Money Market Fund offers Funds may be deemed to be under affiliated person of a registered more than one class of shares, a common control and thus considered investment company, acting as Participating Fund will invest its Cash affiliated persons of each other under principal, from participating in or Balances only in the class with the section 2(a)(3). Furthermore, a effecting any transaction in connection lowest expense ratio (taking into Participating Fund may own more than with any joint enterprise or joint account the expected impact of the 5% of the outstanding shares of arrangement in which the investment

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company participates, unless the 3. Prior to reliance on the order by a Collateral in the Money Market Funds, Commission has approved the joint Participating Fund, the Board of the a majority of the Board (including a arrangement. Applicants state that the Participating Fund will hold a meeting majority of the Independent Board Participating Clients, by purchasing and for the purpose of voting on an advisory Members) will approve such redeeming shares of the Money Market contract under section 15 of the Act. investment. No less frequently than Funds, the Money Market Funds, by Before approving any advisory contract annually, the Board of each selling shares to and redeeming shares for a Participating Fund, the Board, Participating Fund (including a majority from Participating Clients, and the including a majority of the Independent of the Independent Board Members) will Advisers, by managing the assets of the Board Members, taking into account all evaluate the Securities Lending Program Participating Clients invested in the relevant factors, shall consider to what and its results and determine that Money Market Funds, could be deemed extent, if any, the advisory fees charged investing Cash Collateral in the Money to be participating in a joint enterprise to the Participating Fund by the Adviser Market Funds is in the best interests of or joint arrangement within the meaning should be reduced to account for the Participating Fund. of section 17(d) and rule 17d–1. reduced services provided to the 8. The Board of any Participating 8. In considering whether to approve Participating Fund by the Adviser as a Fund will satisfy the fund governance a joint transaction under rule 17d–1, the result of Uninvested Cash being standards as defined in rule 0–1(a)(7) Commission considers whether the invested in the Money Market Funds. In under the Act by the compliance date registered investment company’s connection with this consideration, the for the rule. participation in the joint transaction is Adviser to the Participating Fund will consistent with the provisions, policies For the Commission, by the Division of provide the Board with specific Investment Management, under delegated and purposes of the Act, and the extent information regarding the approximate authority. to which the participation is on a basis cost to the Adviser of, or portion of the Margaret H. McFarland, different from or less advantageous than advisory fee under the existing advisory that of other participants. Applicants fee attributable to, managing the Deputy Secretary. submit that the proposed transactions Uninvested Cash of the Participating [FR Doc. E5–4463 Filed 8–16–05; 8:45 am] meet the standards for an order under Fund that can be expected to be BILLING CODE 8010–01–P rule 17d–1. invested in the Money Market Funds. 9. Applicants state that the The minute books of the Participating investment by the Participating Funds Fund will record fully the Board’s SECURITIES AND EXCHANGE in shares of Money Market Funds will consideration in approving the advisory COMMISSION be on the same basis and will be contract, including the considerations [Investment Company Act Release No. indistinguishable from any other relating to fees referred to above. 27028; 812–13142] shareholder account maintained by the 4. Each Participating Fund will invest Money Market Funds. Applicants also Uninvested Cash in, and hold shares of, MetLife Investors USA Insurance maintain that, to the extent that the the Money Market Funds only to the Company, et al.; Notice of Application Money Market Funds participate on a extent that the Participating Fund’s basis that is different from the other aggregate investment of Uninvested August 11, 2005. participants, the relative advantages and Cash in the Money Market Funds does AGENCY: Securities and Exchange disadvantages will vary randomly over not exceed 25% of the Participating Commission (‘‘Commission’’). time and are not expected to be Fund’s total assets. ACTION: Notice of application for an material. 5. Each Participating Fund and each order under section 12(d)(1)(J) of the Money Market Fund that relies on the Investment Company Act of 1940 Applicants’ Conditions order will be part of the same group of (‘‘Act’’) for an exemption from sections Applicants agree that any order investment companies as defined in 12(d)(1)(A) and (B) of the Act, and granting the requested relief shall be section 12(d)(1)(G) of the Act, and will under sections 6(c) and 17(b) of the Act subject to the following conditions: be advised, or provided the Adviser for an exemption from section 17(a) of 1. Investment of Cash Balances in manages the Cash Balances, sub– the Act. shares of a Money Market Fund will be advised by an Adviser. Each in accordance with each Participating Unregistered Fund and Other Summary of the Application: The Fund’s investment restrictions, if any, Institutional Client that relies on the order would permit certain registered and will be consistent with its order will have an Adviser as its open-end management investment objectives and policies as set forth in investment adviser, trustee, managing companies to acquire shares of other such Participating Fund’s registration member or general partner exercising registered open-end management statement. investment discretion. investment companies and unit 2. The shares of the Money Market 6. No Money Market Fund in which investment trusts (‘‘UITs’’) that are Funds sold to and redeemed by the a Participating Fund invests shall within and outside the same group of Participating Funds will not be subject acquire securities of any investment investment companies. to a sales load, redemption fee, company or company relying on section Applicants: (a) MetLife Investors USA distribution fee adopted in accordance 3(c)(1) or 3(c)(7) of the Act in excess of Insurance Company (including any with rule 12b–1 under the Act, or the limits contained in section insurance company controlling, service fees (as defined in rule 12(d)(1)(A) of the Act, except securities controlled by or under common control 2830(b)(9) of the NASD’s Conduct of a registered open-end investment with MetLife Investors USA Insurance Rules), or, if such shares are subject to company in the same group of Company, including, without limitation, any such fee, the Adviser for each investment companies as the Money Metropolitan Life Insurance Company) Participating Fund will waive its Market Fund to the extent permitted by (‘‘MLI USA’’); (b) Met Investors Series advisory fee for each Participating Fund section 12(d)(1)(E) of the Act. Trust (‘‘MIST’’) and Metropolitan Series in an amount that offsets the amount of 7. Before a Participating Fund that Fund, Inc. (‘‘Met Series Fund,’’ and such fees that are incurred by the participates in the Securities Lending together with MIST, the ‘‘Investment Participating Fund. Program is permitted to invest Cash Companies’’), including the currently

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existing series and all future series Applicants’ Representations may be ‘‘exchange-traded funds’’ that thereof; (c) any existing or future 1. MLI USA is a stock life insurance are registered under the Act as UITs or registered open-end management company organized under the laws of open-end management investment investment companies and any series the state of Delaware and an indirect companies and have received exemptive thereof that are part of the same ‘‘group wholly-owned subsidiary of MetLife, relief to sell their shares on a national of investment companies,’’ as defined in Inc., a publicly traded company. MLI securities exchange at negotiated prices section 12(d)(1)(G)(ii) of the Act, as the USA issues group and individual (‘‘ETFs’’). Each Fund of Funds may also Investment Companies, and are, or will variable annuity contracts and variable make investments in government be, advised by Met Investors Advisory life insurance policies (collectively, the securities, domestic and foreign LLC (‘‘Met Investors’’) or MetLife ‘‘Contracts’’), which offer opportunities common and preferred stock, fixed Advisers, LLC (‘‘MetLife Advisers,’’ and to invest in the Investment Companies income securities, futures transactions, together with Met Investors, the through separate accounts registered options on the foregoing and in other 1 ‘‘Managers’’) or any entity controlling, under the Act (‘‘Registered Separate securities that are not issued by controlled by or under common control Accounts’’) and separate accounts registered investment companies and with Met Investors or MetLife Advisers; exempt from registration under the Act which are consistent with its investment (d) Met Investors; and (e) MetLife (‘‘Unregistered Separate Accounts,’’ and objective, including money market 2 Advisers. together with the Registered Separate instruments (the ‘‘Other Securities’’). Filing Dates: The application was Accounts, the ‘‘Separate Accounts’’). 5. Applicants state that the requested filed on December 8, 2004, and 2. MIST is organized as a Delaware relief will provide an efficient and amended on August 5, 2005. statutory trust and Met Series Fund is simple method of allowing investors to Hearing or Notification of Hearing: An organized as a Maryland corporation. create a comprehensive asset allocation order granting the application will be Each of MIST and Met Series Fund is program. issued unless the Commission orders a registered under the Act as an open-end Applicants’ Legal Analysis hearing. Interested persons may request management investment company.3 a hearing by writing to the MIST and Met Series Fund currently A. Section 12(d)(1) Commission’s Secretary and serving offer 30 and 33 Funds, respectively. applicants with a copy of the request, 1. Section 12(d)(1)(A) of the Act Except for organizational seed capital prohibits a registered investment personally or by mail. Hearing requests for certain of the Funds invested by Met should be received by the Commission company from acquiring shares of an Investors or an affiliate, shares of MIST investment company if the securities by 5:30 p.m. on September 6, 2005, and and Met Series Fund are sold should be accompanied by proof of represent more than 3% of the total exclusively to the Separate Accounts to outstanding voting stock of the acquired service on applicants in the form of an fund benefits under the Contracts issued affidavit or, for lawyers, a certificate of company, more than 5% of the total by MLI USA and its affiliates. assets of the acquiring company, or, service. Hearing requests should state 3. Each Manager is an affiliated the nature of the writer’s interest, the together with the securities of any other person of MLI USA and is registered investment companies, more than 10% reason for the request, and the issues under the Investment Advisers Act of of the total assets of the acquiring contested. Persons who wish to be 1940. Met Investors serves as company. Section 12(d)(1)(B) of the Act notified of a hearing may request investment adviser to MIST and each of prohibits a registered open-end notification by writing to the its current Funds. MetLife Advisers investment company, its principal Commission’s Secretary. serves as investment adviser to Met underwriter and any broker or dealer ADDRESSES: Secretary, Commission, 100 Series Fund and each of its current from selling the shares of the investment F Street, NE., Washington, DC 20549– Funds. 9303. Applicants: MLI USA, MIST, and 4. Applicants request relief to permit company to another investment Met Investors, 22 Corporate Plaza Drive, certain Funds (each such Fund, a ‘‘Fund company if the sale will cause the Newport Beach, CA 92660; Met Series of Funds’’) to invest in: (a) other Funds acquiring company to own more than Fund and MetLife Advisers, 501 (‘‘Affiliated Funds’’), and/or (b) 3% of the acquired company’s voting Boylston Street, Boston, MA 02116. registered open-end management stock, or if the sale will cause more than FOR FURTHER INFORMATION CONTACT: investment companies and UITs that are 10% of the acquired company’s voting Christine Y. Greenlees, Senior Counsel, not part of the same ‘‘group of stock to be owned by investment at (202) 551–6879, or Mary Kay Frech, investment companies’’ (as defined in companies generally. Branch Chief, at (202) 551–6821 (Office section 12(d)(1)(G)(ii) of the Act) as the 2. Section 12(d)(1)(G) provides, in of Investment Company Regulation, Investment Companies (‘‘Unaffiliated relevant part, that section 12(d)(1) will Division of Investment Management). Funds,’’ and together with the Affiliated not apply to securities of a registered open-end investment company or SUPPLEMENTARY INFORMATION: The Funds, the ‘‘Underlying Funds’’). The registered UIT if the acquired company following is a summary of the Unaffiliated Funds may include UITs and the acquiring company are part of application. The complete application (‘‘Unaffiliated Underlying Trusts’’) and the same group of investment may be obtained for a fee at the open-end management investment companies, provided that certain other Commission’s Public Reference Desk, companies registered under the Act requirements contained in section 100 F Street, NE., Washington, DC (‘‘Unaffiliated Underlying Funds’’). 12(d)(1)(G) are met. Applicants state 20549–0102 (telephone (202) 551–5850). Certain of the Unaffiliated Underlying Trusts or Unaffiliated Underlying Funds that, while the Funds of Funds currently rely on section 12(d)(1)(G) with respect 1 The Managers are each referred to in this notice as a ‘‘Manager’’ and include any existing or future 3 The Investment Companies and any existing or to their investments in Affiliated Funds, entity controlling, controlled by or under common future registered open-end management investment if the Funds of Funds wish to invest in control with a Manager. company that is part of the same group of Unaffiliated Funds and Other Securities 2 All entities that currently intend to rely on the investment companies as the Investment in addition to Affiliated Funds, they requested order are named as applicants. Any other Companies are each referred to in this notice as an entity that relies on the order in the future will ‘‘Investment Company,’’ and each series thereof is cannot then rely on section 12(d)(1)(G). comply with the terms and conditions of the referred to in this notice as a ‘‘Fund,’’ and all series 3. Section 12(d)(1)(J) of the Act application. thereof are, collectively, referred to as ‘‘Funds.’’ provides that the Commission may

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exempt any person, security, or basis. Condition 2 precludes a Fund of to reject an investment by a Fund of transaction, or any class or classes of Funds and its Manager, Sub-Adviser, Funds.4 persons, securities or transactions, from promoter, principal underwriter and 8. Applicants do not believe that the any provision of section 12(d)(1) if the any person controlling, controlled by or proposed arrangement will involve exemption is consistent with the public under common control with any of excessive layering of fees. With respect interest and the protection of investors. these entities (each, a ‘‘Fund of Funds to investment advisory fees, applicants Applicants seek an exemption under Affiliate’’) from causing any existing or state that, prior to reliance on the section 12(d)(1)(J) to permit the Funds potential investment by the Fund of requested order and subsequently in of Funds to acquire shares of Affiliated Funds in an Unaffiliated Fund to connection with the approval of any and Unaffiliated Funds and to permit influence the terms of any services or investment advisory contract under section 15 of the Act, the board of the Affiliated and Unaffiliated Funds, transactions between the Fund of Funds directors or trustees of each Fund of their principal underwriters and any or a Fund of Funds Affiliate and the broker or dealer to sell shares to the Funds (‘‘Board’’), including a majority Unaffiliated Fund or its investment Funds of Funds beyond the limits set of the directors or trustees who are not adviser(s), sponsor, promoter, principal forth in sections 12(d)(1)(A) and (B) of ‘‘interested persons,’’ as defined in the Act. underwriter and any person controlling, section 2(a)(19) of the Act 4. Applicants state that the proposed controlled by or under common control (‘‘Disinterested Trustees’’), will find that arrangement will not give rise to the with any of these entities (each, an the investment advisory fees charged policy concerns underlying sections ‘‘Unaffiliated Fund Affiliate’’). under a Fund of Fund’s investment 12(d)(1)(A) and (B), which include Condition 5 precludes a Fund of Funds advisory contract(s) are based on concerns about undue influence by a and Fund of Funds Affiliate (except to services provided that are in addition to, fund of funds over underlying funds, the extent it is acting in its capacity as rather than duplicative of, services excessive layering of fees, and overly an investment adviser to an Unaffiliated provided pursuant to any Affiliated complex fund structures. Accordingly, Underlying Fund or sponsor to an Fund’s and Unaffiliated Underlying applicants believe that the requested Unaffiliated Underlying Trust) from Fund’s advisory contract(s). Applicants exemption is consistent with the public causing an Unaffiliated Fund to further state that each Manager will interest and the protection of investors. purchase a security in an offering of waive fees otherwise payable to it by a 5. Applicants state that the proposed securities during the existence of any Fund of Funds in an amount at least arrangement will not result in undue underwriting or selling syndicate of equal to any compensation (including influence by a Fund of Funds or its which a principal underwriter is an fees received pursuant to any plan affiliated persons over the Unaffiliated officer, director, member of an advisory adopted by an Unaffiliated Underlying Funds. To limit the control that a Fund board, Manager, Sub-Adviser, or Fund under rule 12b–1 under the Act) of Funds may have over an Unaffiliated employee of the Fund of Funds, or a received from an Unaffiliated Fund by Fund, applicants propose a condition person of which any such officer, the Manager, or an affiliated person of prohibiting: (a) Each Manager and any director, member of an advisory board, the Manager, other than any advisory person controlling, controlled by or Manager, Sub-Adviser, or employee is fees paid to the Manager or its affiliated under common control with the person by the Unaffiliated Fund, in an affiliated person (each, an Manager, any investment company and connection with the investment by the ‘‘Underwriting Affiliate,’’ except any any issuer that would be an investment Fund of Funds in the Unaffiliated Fund. company but for section 3(c)(1) or person whose relationship to the 9. Applicants state that the proposed section 3(c)(7) of the Act advised or Unaffiliated Fund is covered by section arrangement will not create an overly sponsored by the Manager or any person 10(f) of the Act is not an Underwriting complex fund structure. Applicants note controlling, controlled by or under Affiliate). An offering of securities that an Underlying Fund will be common control with the Manager during the existence of any prohibited from acquiring securities of (collectively, the ‘‘Group’’), and (b) any underwriting or selling syndicate of any investment company or company investment adviser within the meaning which a principal underwriter is an relying on section 3(c)(1) or 3(c)(7) of of section 2(a)(20)(B) of the Act (‘‘Sub- Underwriting Affiliate is an ‘‘Affiliated the Act in excess of the limits contained Adviser’’) to a Fund of Funds, any Underwriting.’’ in section 12(d)(1)(A), except to the person controlling, controlled by or 7. As an additional assurance that an extent that such Underlying Fund: (a) under common control with the Sub- Unaffiliated Underlying Fund Receives securities of another Adviser, and any investment company understands the implications of an investment company as a dividend or as or issuer that would be an investment investment by a Fund of Funds under a result of a plan of reorganization of a company but for section 3(c)(1) or the requested order, prior to a Fund of company (other than a plan devised for 3(c)(7) of the Act (or portion of such Funds’ investment in an Unaffiliated the purpose of evading section 12(d)(1) investment company or issuer) advised Underlying Fund in excess of the limit of the Act); or (b) acquires (or is deemed by the Sub-Adviser or any person in section 12(d)(1)(A)(i), condition 8 to have acquired) securities of another controlling, controlled by or under investment company pursuant to requires that the Fund of Funds and common control with the Sub-Adviser exemptive relief from the Commission Unaffiliated Underlying Fund execute (collectively, the ‘‘Sub-Adviser Group’’) permitting such Underlying Fund to: (i) an agreement stating, without from controlling an Unaffiliated Fund Acquire securities of one or more within the meaning of section 2(a)(9) of limitation, that their boards of directors affiliated investment companies for the Act. or trustees and their investment advisers short-term cash management purposes, 6. Applicants also propose conditions understand the terms and conditions of or (ii) engage in interfund borrowing 2–7, stated below, to preclude a Fund of the order and agree to fulfill their and lending transactions. Applicants Funds and its affiliated entities from responsibilities under the order. taking advantage of an Unaffiliated Applicants note that an Unaffiliated 4 An Unaffiliated Fund, including an ETF, would Fund with respect to transactions Fund (other than an ETF whose shares retain its right to reject any initial investment by a are purchased by a Fund of Funds in the Fund of Funds in excess of the limit in section between the entities and to ensure the 12(d)(1)(A)(i) of the Act by declining to execute the transactions will be on an arm’s length secondary market) will retain the right agreement with the Fund of Funds.

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also represent that a Fund of Funds’ standards for relief under sections 17(b) shares for which instructions were prospectus and sales literature will and 6(c) of the Act. Applicants state that received. This condition will not apply contain concise, ‘‘plain English’’ the terms of the arrangement are fair and to the Sub-Adviser Group with respect disclosure designed to inform investors reasonable and do not involve to an Unaffiliated Fund for which the of the unique characteristics of the overreaching. Applicants note that the Sub-Adviser or a person controlling, proposed Fund of Funds structure, terms upon which an Underlying Fund controlled by, or under common control including, but not limited to, its will sell its shares to or purchase its with the Sub-Adviser acts as the expense structure and the additional shares from a Fund of Funds will be investment adviser within the meaning expenses of investing in Underlying based on the net asset value of each section 2(a)(20)(A) of the Act (in the Funds. Underlying Fund.5 Applicants state that case of an Unaffiliated Underlying the proposed arrangement will be Fund) or as the sponsor (in the case of B. Section 17(a) consistent with the policies of each an Unaffiliated Underlying Trust). 1. Section 17(a) of the Act generally Fund of Funds and Underlying Fund, 2. No Fund of Funds or Fund of prohibits sales or purchases of securities and with the general purposes of the Funds Affiliate will cause any existing between a registered investment Act. or potential investment by the Fund of company and any affiliated person of Funds in an Unaffiliated Fund to the company. Section 2(a)(3) of the Act Applicants’ Conditions influence the terms of any services or defines an ‘‘affiliated person’’ of another Applicants agree that the order transactions between the Fund of Funds person to include (a) any person directly granting the requested relief shall be or a Fund of Funds Affiliate and the or indirectly owning, controlling, or subject to the following conditions: Unaffiliated Fund or an Unaffiliated holding with power to vote, 5% or more 1. The members of the Group will not Fund Affiliate. of the outstanding voting securities of control (individually or in the aggregate) 3. The Board of each Fund of Funds, the other person; (b) any person 5% or an Unaffiliated Fund within the including a majority of the Disinterested more of whose outstanding voting meaning of section 2(a)(9) of the Act. Trustees, will adopt procedures securities are directly or indirectly The members of the Sub-Adviser Group reasonably designed to assure that the owned, controlled, or held with power will not control (individually or in the Manager and any Sub-Adviser are to vote by the other person; and (c) any aggregate) an Unaffiliated Fund within conducting the investment program of person directly or indirectly controlling, the meaning of section 2(a)(9) of the Act. the Fund of Funds without taking into controlled by, or under common control If, as a result of a decrease in the account any consideration received by with the other person. outstanding voting securities of an the Fund of Funds or a Fund of Funds 2. Applicants state that the Funds of Unaffiliated Fund, the Group or the Affiliate from an Unaffiliated Fund or Funds and the Affiliated Funds might Sub-Adviser Group, each in the an Unaffiliated Fund Affiliate in be deemed to be under common control aggregate, becomes a holder of more connection with any services or of the Manager and therefore affiliated than 25 percent of the outstanding transactions. persons of one another. Applicants also voting securities of the Unaffiliated 4. Once an investment by a Fund of state that the Funds of Funds and the Fund, it (except for any member of the Funds in the securities of an Underlying Funds might be deemed to Group or the Sub-Adviser Group that is Unaffiliated Underlying Fund exceeds be affiliated persons of one another if a a Separate Account) will vote its shares the limit of section 12(d)(1)(A)(i) of the Fund of Funds acquires 5% or more of of the Unaffiliated Fund in the same Act, the Board of the Unaffiliated an Underlying Fund’s outstanding proportion as the vote of all other Underlying Fund, including a majority voting securities. In light of these holders of the Unaffiliated Fund’s of the Disinterested Trustees, will possible affiliations, section 17(a) could shares. A Registered Separate Account determine that any consideration paid prevent an Underlying Fund from will seek voting instructions from its by the Unaffiliated Underlying Fund to selling shares to and redeeming shares contract holders and will vote its shares a Fund of Funds or a Fund of Funds from a Fund of Funds. of an Unaffiliated Fund in accordance Affiliate in connection with any services 3. Section 17(b) of the Act authorizes with the instructions received and will or transactions: (a) Is fair and reasonable the Commission to grant an order vote those shares for which no in relation to the nature and quality of permitting a transaction otherwise instructions were received in the same the services and benefits received by the prohibited by section 17(a) if it finds proportion as the shares for which Unaffiliated Underlying Fund; (b) is that (a) the terms of the proposed instructions were received. An within the range of consideration that transaction are fair and reasonable and Unregistered Separate Account will the Unaffiliated Underlying Fund would do not involve overreaching on the part either: (i) Vote its shares of the be required to pay to another of any person concerned; (b) the Unaffiliated Fund in the same unaffiliated entity in connection with proposed transaction is consistent with proportion as the vote of all other the same services or transactions; and the policies of each registered holders of the Unaffiliated Fund’s (c) does not involve overreaching on the investment company involved; and (c) shares; or (ii) seek voting instructions part of any person concerned. This the proposed transaction is consistent from its contract holders and vote its condition does not apply with respect to with the general purposes of the Act. shares in accordance with the any services or transactions between an Section 6(c) of the Act permits the instructions received and vote those Unaffiliated Underlying Fund and its Commission to exempt any person or shares for which no instructions were investment adviser(s), or any person transactions from any provision of the received in the same proportion as the controlling, controlled by, or under Act if such exemption is necessary or common control with such investment appropriate in the public interest and 5 Applicants note that a Fund of Funds generally adviser(s). consistent with the protection of would purchase and sell shares of an Underlying 5. No Fund of Funds or Fund of investors and the purposes fairly Fund that operates as an ETF through secondary Funds Affiliate (except to the extent it intended by the policy and provisions of market transactions at market prices rather than is acting in its capacity as an investment through principal transactions with the Underlying the Act. Fund at net asset value. Applicants would not rely adviser to an Unaffiliated Underlying 4. Applicants submit that the on the requested relief from section 17(a) for such Fund or sponsor to an Unaffiliated proposed arrangement satisfies the secondary market transactions. Underlying Trust) will cause an

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Unaffiliated Fund to purchase a security acquired, the identity of the will waive fees otherwise payable to the in any Affiliated Underwriting. underwriting syndicate’s members, the Sub-Adviser, directly or indirectly, by 6. The Board of an Unaffiliated terms of the purchase, and the the Fund of Funds in an amount at least Underlying Fund, including a majority information or materials upon which equal to any compensation received of the Disinterested Trustees, will adopt the determinations of the Board of the from an Unaffiliated Fund by the Sub- procedures reasonably designed to Unaffiliated Underlying Fund were Adviser, or an affiliated person of the monitor any purchases of securities by made. Sub-Adviser, other than any advisory the Unaffiliated Underlying Fund in an 8. Prior to its investment in shares of fees paid to the Sub-Adviser or its Affiliated Underwriting, once an an Unaffiliated Underlying Fund in affiliated person by the Unaffiliated investment by a Fund of Funds in the excess of the limit in section Fund, in connection with the securities of the Unaffiliated Underlying 12(d)(1)(A)(i) of the Act, the Fund of investment by the Fund of Funds in the Fund exceeds the limit of section Funds and the Unaffiliated Underlying Unaffiliated Fund made at the direction 12(d)(1)(A)(i) of the Act, including any Fund will execute an agreement stating, of the Sub-Adviser. In the event that the purchases made directly from an without limitation, that their boards of Sub-Adviser waives fees, the benefit of Underwriting Affiliate. The Board of the directors or trustees and their the waiver will be passed through to the Unaffiliated Underlying Fund will investment advisers understand the Fund of Funds. review these purchases periodically, but terms and conditions of the order and 11. With respect to Registered no less frequently than annually, to agree to fulfill their responsibilities Separate Accounts that invest in a Fund determine whether the purchases were under the order. At the time of its of Funds, no sales load will be charged influenced by the investment by the investment in shares of an Unaffiliated at the Fund of Funds level or at the Fund of Funds in the Unaffiliated Underlying Fund in excess of the limit Underlying Fund level. Other sales Underlying Fund. The Board of the in section 12(d)(1)(A)(i), a Fund of charges and service fees, as defined in Unaffiliated Underlying Fund will Funds will notify the Unaffiliated rule 2830 of the Conduct Rules of the consider, among other things: (a) Underlying Fund of the investment. At NASD, if any, will only be charged at Whether the purchases were consistent such time, the Fund of Funds will also the Fund of Funds level or at the with the investment objectives and transmit to the Unaffiliated Underlying Underlying Fund level, not both. With policies of the Unaffiliated Underlying Fund a list of the names of each Fund respect to other investments in a Fund Fund; (b) how the performance of of Funds Affiliate and Underwriting of Funds, any sales charges and/or securities purchased in an Affiliated Affiliate. The Fund of Funds will notify service fees charged with respect to Underwriting compares to the the Unaffiliated Underlying Fund of any shares of a Fund of Funds will not performance of comparable securities changes to the list as soon as reasonably exceed the limits applicable to funds of purchased during a comparable period practicable after a change occurs. The funds set forth in rule 2830 of the of time in underwritings other than Unaffiliated Underlying Fund and the Conduct Rules of the NASD. Affiliated Underwritings or to a Fund of Funds will maintain and 12. No Underlying Fund will acquire benchmark such as a comparable market preserve a copy of the order, the securities of any other investment index; and (c) whether the amount of agreement, and the list with any company or company relying on section securities purchased by the Unaffiliated updated information for the duration of 3(c)(1) or 3(c)(7) of the Act in excess of Underlying Fund in Affiliated the investment and for a period of not the limits contained in section Underwritings and the amount less than 6 years thereafter, the first 2 12(d)(1)(A) of the Act, except to the purchased directly from an years in an easily accessible place. extent that such Underlying Fund: (a) Underwriting Affiliate have changed 9. Before approving any advisory Receives securities of another significantly from prior years. The contract under section 15 of the Act, the investment company as a dividend or as Board of the Unaffiliated Underlying Board of each Fund of Funds, including a result of a plan of reorganization of a Fund will take any appropriate actions a majority of the Disinterested Trustees, company (other than a plan devised for based on its review, including, if shall find that the advisory fees charged the purpose of evading section 12(d)(1) appropriate, the institution of under the advisory contract are based on of the Act); or (b) acquires (or is deemed procedures designed to assure that services provided that are in addition to, to have acquired) securities of another purchases of securities in Affiliated rather than duplicative of, services investment company pursuant to provided under the advisory contract(s) Underwritings are in the best interests exemptive relief from the Commission of any Underlying Fund in which the of shareholders. permitting such Underlying Fund to: (i) 7. Each Unaffiliated Underlying Fund Fund of Funds may invest. Such Acquire securities of one or more will maintain and preserve permanently finding, and the basis upon which the affiliated investment companies for in an easily accessible place a written finding was made, will be recorded fully short-term cash management purposes, copy of the procedures described in the in the minute books of the appropriate or (ii) engage in interfund borrowing preceding condition, and any Fund of Funds. 10. Each Manager will waive fees and lending transactions. modifications to such procedures, and 13. The Board of any Fund of Funds will maintain and preserve for a period otherwise payable to it by a Fund of and any Unaffiliated Underlying Fund of not less than 6 years from the end of Funds in an amount at least equal to any will satisfy the fund governance the fiscal year in which any purchase compensation (including fees received standards as defined in rule 0–1(a)(7) from an Affiliated Underwriting pursuant to any plan adopted by an under the Act by the compliance date occurred, the first 2 years in an easily Unaffiliated Underlying Fund under for the rule. accessible place, a written record of rule 12b–1 under the Act) received from each purchase of securities in an an Unaffiliated Fund by the Manager, or For the Commission, by the Division of Affiliated Underwriting once an an affiliated person of the Manager, Investment Management, pursuant to investment by a Fund of Funds in the other than any advisory fees paid to the delegated authority. securities of an Unaffiliated Underlying Manager or its affiliated person by the Margaret H. McFarland, Fund exceeds the limit of section Unaffiliated Fund, in connection with Deputy Secretary. 12(d)(1)(A)(i) of the Act, setting forth the investment by the Fund of Funds in [FR Doc. E5–4488 Filed 8–16–05; 8:45 am] from whom the securities were the Unaffiliated Fund. Any Sub-Adviser BILLING CODE 8010–01–P

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SECURITIES AND EXCHANGE of the license. However, because surcharge fee to all applicable COMMISSION competitive pressures in the industry transactions occurring between January have resulted in the waiver of 10, 2005 and May 19, 2005 is equitable [Release No. 34–52237; File No. SR–ISE– 6 2005–28] transaction fees for Public Customers, in order to defray ISE’s licensing costs. the Exchange proposes to exclude It is therefore ordered, pursuant to Self-Regulatory Organizations; Public Customer Orders7 from this Section 19(b)(2) of the Act,13 that the International Securities Exchange, Inc.; surcharge fee. Accordingly, this proposed rule change (File No. SR–ISE– Order Granting Approval of a surcharge fee will only be charged to 2005–28), as amended, is approved. Proposed Rule Change and Exchange members with respect to non- For the Commission, by the Division of Amendment No. 1 Thereto Relating to Public Customer Orders (e.g., Market Market Regulation, pursuant to delegated Fee Changes for Transactions in Maker and Firm Proprietary orders) and authority.14 Options on the Standard & Poor’s shall apply to Linkage Orders under a Margaret H. McFarland,  Depository Receipts on a Retroactive pilot program that is set to expire on Deputy Secretary. Basis July 31, 2006.8 Additionally, the Commission notes [FR Doc. E5–4462 Filed 8–16–05; 8:45 am] August 10, 2005. that the Exchange has represented that, BILLING CODE 8010–01–P On May 20, 2005, the International if it is concluded by the courts after all Securities Exchange, Inc. (‘‘ISE’’ or avenues of appeal that no license from SECURITIES AND EXCHANGE ‘‘Exchange’’) filed with the Securities Standard and Poor’s was required by the COMMISSION and Exchange Commission Exchange to list SPDR options, then (‘‘Commission’’), pursuant to Section upon any refund by Standard and Poor’s 19(b)(1) of the Securities Exchange Act to the ISE, the Exchange shall submit a [Release No. 34–52238; File No. SR–PCX– 2005–89] of 1934 (‘‘Act’’)1 and Rule 19b-4 rule filing to the Commission providing 2 thereunder, a proposed rule change to for a reimbursement of the fees paid by Self-Regulatory Organizations; Pacific retroactively establish, as of January 10, members to the Exchange as a result of Exchange, Inc.; Notice of Filing and 2005, a $.10 per contract surcharge fee this surcharge. Immediate Effectiveness of Proposed for certain transactions in options based The Commission finds that the Rule Change To Amend the Market on the Standard & Poor’s Depository proposed rule change is consistent with Maker Fee Receipts, or SPDRs (‘‘SPDRs’’).3 On the requirements of the Act and the June 15, 2005, the Exchange filed rules and regulations thereunder August 10, 2005. Amendment No. 1 to the proposed rule applicable to a national securities Pursuant to Section 19(b)(1) of the change.4 The proposed rule change and exchange9 and, in particular, the Securities Exchange Act of 1934 Amendment No. 1 were published for requirements of Section 6(b) of the Act10 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 comment in the Federal Register on July and the rules and regulations notice is hereby given that on July 29, 11, 2005.5 No comments were received thereunder. Specifically, the 2005, the Pacific Exchange, Inc. (‘‘PCX’’ regarding the proposal, as amended. Commission finds that the proposal to or ‘‘Exchange’’) filed with the Securities This order approves the proposed rule retroactively establish a $.10 per and Exchange Commission change, as amended. contract surcharge fee for certain (‘‘Commission’’) the proposed rule The Exchange’s Schedule of Fees transactions in options on SPDRs that change as described in Items I, II, and currently has in place a surcharge fee occurred on the ISE between January 10, III below, which Items have been item that calls for a $.10 per contract fee 2005 and May 19, 2005,11 is consistent prepared by the PCX. The PCX has for transactions in certain licensed with Section 6(b)(4) of the Act,12 which designated this proposal as one products. The Exchange has entered requires the equitable allocation of establishing or changing a due, fee, or into a license agreement with Standard reasonable dues, fees, and other charges other charge imposed by a self- and Poor’s, a unit of McGraw-Hill among Exchange members and other regulatory organization pursuant to Companies, Inc., authorizing the persons using Exchange facilities. The Section 19(b)(3)(A)(ii) of the Act,3 and Exchange to list SPDR options. The Commission believes that, because the Rule 19b–4(f)(2) thereunder,4 which Exchange proposes to adopt this fee for options on SPDRs have been listed and renders the proposal effective upon transactions in SPDR options in order to traded on the Exchange since January filing with the Commission. The defray the licensing costs. The Exchange 10, 2005, the retroactive extension of the Commission is publishing this notice to believes that charging the participants solicit comments on the proposed rule that trade these instruments is the most 6 Public Customer is defined in ISE Rule change from interested persons. equitable means of recovering the costs 100(a)(32) as a person that is not a broker or dealer in securities. I. Self-Regulatory Organization’s 1 15 U.S.C. 78s(b)(1). 7 Public Customer Order is defined in ISE Rule Statement of the Terms of Substance of 2 17 CFR 240.19b–4. 100(a)(33) as an order for the account of a Public the Proposed Rule Change 3 The Exchange filed with the Commission an Customer. identical fee change on May 20, 2005 (SR–ISE– 8 See ISE Rule 1900(10) (defining Linkage The PCX proposes to amend the 2005–06), which was immediately effective as of Orders). The surcharge fee will apply to the Market Maker Fee in its Schedule of that date under Section 19(b)(3)(A) of the Act and following Linkage Orders: Principal Acting as Agent Fees and Charges. The text of the Rule 19b–4(f)(2) thereunder. See Securities Orders and Principal Orders. The expiration date Exchange Act Release No. 51901 (June 22, 2005), 70 for this pilot program was recently extended from proposed rule change is available on the FR 37455 (June 29, 2005). Because the Exchange July 31, 2005 to July 31, 2006. See Exchange Act Exchange’s Internet Web site (http:// sought to apply the same surcharge fee on a Release No. 34–52168 (July 29, 2005) (File No. SR– www.pacificex.com), at the Exchange’s retroactive basis as of January 10, 2005, the ISE–2005–32). Exchange submitted this proposal to the 9 In approving this proposal, the Commission has 13 Commission under Section 19(b)(2) of the Act. considered the proposed rule’s impact on Id. 14 4 In Amendment No. 1, the Exchange made non- efficiency, competition, and capital formation. 15 17 CFR 200.30–3(a)(12). substantive changes to clarify the purpose for the U.S.C. 78c(f). 1 15 U.S.C. 78s(b)(1). fee change. 10 15 U.S.C. 78f(b). 2 17 CFR 240.19b–4. 5 See Securities Exchange Act Release No. 51948 11 See supra note 3. 3 15 U.S.C. 78s(b)(3)(A)(ii). (June 30, 2005), 70 FR 39832. 12 15 U.S.C. 78f(b)(4). 4 17 CFR 240.19b–4(f)(2).

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Office of the Secretary, and at the C. Self-Regulatory Organization’s Commission, and all written Commission’s Public Reference Room. Statement on Comments on the communications relating to the Proposed Rule Change Received From proposed rule change between the II. Self-Regulatory Organization’s Members, Participants, or Others Commission and any person, other than Statement of the Purpose of, and The Exchange has neither solicited those that may be withheld from the Statutory Basis for, the Proposed Rule public in accordance with the Change nor received written comments on the proposed rule change. provisions of 5 U.S.C. 552, will be available for inspection and copying in In its filing with the Commission, the III. Date of Effectiveness of the PCX included statements concerning the the Commission’s Public Reference Proposed Rule Change and Timing for Room. Copies of such filing also will be purpose of, and basis for, the proposed Commission Action rule change and discussed any available for inspection and copying at comments it received on the proposed The foregoing proposed rule change the principal office of the Exchange. All rule change. The text of these statements has become effective pursuant to comments received will be posted may be examined at the places specified Section 19(b)(3)(A)(ii) of the Act,7 and without change; the Commission does in Item IV below. The PCX has prepared paragraph (f)(2) of Rule 19b–4 not edit personal identifying 8 summaries, set forth in Sections A, B, thereunder, because it establishes or information from submissions. You and C below, of the most significant changes a due, fee, or other charge should submit only information that aspects of such statements. imposed by the Exchange. At any time you wish to make available publicly. All within 60 days of the filing of the submissions should refer to File A. Self-Regulatory Organization’s proposed rule change, the Commission Number SR–PCX–2005–89 and should Statement of the Purpose of, and may summarily abrogate such rule be submitted on or before September 7, Statutory Basis for, the Proposed Rule change if it appears to the Commission 2005. Change that such action is necessary or For the Commission, by the Division of appropriate in the public interest, for 1. Purpose Market Regulation, pursuant to delegated the protection of investors, or otherwise authority.9 in furtherance of the purposes of the The PCX proposes to amend the Margaret H. McFarland, Market Maker Fee. Currently, the fee is Act. Deputy Secretary. $1,750 per month, and the fee is IV. Solicitation of Comments prorated for each day the Market Maker [FR Doc. E5–4489 Filed 8–16–05; 8:45 am] Interested persons are invited to trades at the PCX. The PCX proposes to BILLING CODE 8010–01–P submit written data, views, and reduce the Market Maker Fee to $1,500 arguments concerning the foregoing, per month and no longer prorate the fee including whether the proposed rule based on daily usage. By no longer SECURITIES AND EXCHANGE change is consistent with the Act. COMMISSION prorating the fee, the PCX would save a Comments may be submitted by any of substantial amount of administrative the following methods: time that is associated with tracking the [Release No. 34–52241; File No. SR–PCX– daily access of each Market Maker. It Electronic Comments 2005–31] also would allow the PCX to automate • Use the Commission’s Internet the billing of this fee. According to the Self-Regulatory Organizations; Pacific comment form (http://www.sec.gov/ Exchange, Inc.; Order Approving a PCX, based upon past history of overall rules/sro.shtml); or usage by the PCX Market Makers, the • Proposed Rule Change and Send an e-mail to rule- Amendments No. 1, 2, and 3 Thereto reduction of the fee by $250 per month, [email protected]. Please include File coupled with the elimination of the To Permit Lead Market Makers To Number SR–PCX–2005–89 on the Operate Remotely current policy to prorate the fee, would subject line. have little, if any, positive or negative August 11, 2005. impact on revenue for the Exchange. Paper Comments • Send paper comments in triplicate I. Introduction 2. Statutory Basis to Jonathan G. Katz, Secretary, On March 15, 2005, the Pacific The Exchange believes that the Securities and Exchange Commission, Station Place, 100 F Street, NE., Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’) proposed rule change is consistent with filed with the Securities and Exchange Section 6(b) of the Act,5 in general, and Washington, DC 20549–9303. All submissions should refer to File Commission (‘‘Commission’’), pursuant furthers the objectives of Section 6(b)(4) Number SR–PCX–2005–89. This file to Section 19(b)(1) of the Securities of the Act,6 in particular, in that it 1 number should be included on the Exchange Act of 1934 (‘‘Act’’) and Rule provides for the equitable allocation of subject line if e-mail is used. To help the 19b–4 thereunder,2 a proposed rule reasonable dues, fees, and other charges Commission process and review your change to amend its rules to allow Lead among its members. comments more efficiently, please use Market Makers (‘‘LMMs’’) to operate B. Self-Regulatory Organization’s only one method. The Commission will from a remote location. The Exchange Statement on Burden on Competition post all comments on the Commission’s submitted Amendments No. 1, 2, and 3 Internet Web site (http://www.sec.gov/ on May 27, 2005,3 June 6, 2005,4 and The Exchange does not believe that rules/sro.shtml). Copies of the the proposed rule change will impose submission, all subsequent 9 17 CFR 200.30–3(a)(12). any burden on competition that is not amendments, all written statements 1 15 U.S.C. 78s(b)(1). necessary or appropriate in furtherance with respect to the proposed rule 2 17 CFR 240.19b–4. of the purpose of the Act. 3 Amendment No. 1 makes clarifying changes to change that are filed with the the purpose statement and rule text. Amendment No. 1 replaces the original rule filing in its entirety. 5 15 U.S.C. 78f(b). 7 15 U.S.C. 78s(b)(3)(A)(ii). 4 Amendment No. 2 makes a technical correction 6 15 U.S.C. 78f(b)(4). 8 17 CFR 240.19b–4(f)(2). to the rule text in Exhibit 5.

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June 22, 2005,5 respectively. On July 6, obligations of an LMM as stated in PCX addition to in-person trades, to be 2005, the proposal, as amended, was Rule 6.82. eligible to receive market maker margin. published for comment in the Federal Second, the Exchange is proposing to The Commission believes that a Market Register.6 No comment letters were eliminate the prohibition in PCX Rule Maker must have an affirmative received on the proposal. The 6.82(a)(1) that Remote Market Makers obligation to hold itself out as willing to Commission is approving the proposed (‘‘RMMs’’) are not eligible to act as buy and sell options for its own account rule change, as amended. LMMs from a location off the trading on a regular or continuous basis to floor. The Exchange believes that this II. Description of the Proposal justify this favorable treatment. The change is necessary to permit LMMs to Commission believes that PCX’s rules The proposed rule change amends the operate from a remote location and to impose such affirmative obligations Exchange’s trading rules in order to eliminate any uncertainty that may exist LMMs that choose to operate remotely allow OTP Holders and OTP Firms who in interpreting PCX Rules. A firm that and notes that under the proposal, an conduct Lead Market Making activity to operates at the PCX can have different LMM acting from a remote location do so whether on the trading floor or employees who function as RMM and would still be required to meet all of the from a remote location. Currently, the LMM, however, under proposed obligations of an LMM set forth in PCX PCX rules require a Lead Market Maker amendments to PCX Rule 6.35(h)(4), Rule 6.82. be physically present on the trading these individuals are prohibited from floor in order to conduct Lead Market trading the same option issues. B. Affiliated RMMs and LMMs Maker activities. With the roll out of Fourth, as part of allowing Lead In addition, the Exchange is PCX Plus, the Exchange’s electronic Market Makers to operate from a remote proposing to eliminate the prohibition trading system, the Exchange seeks to location, the Exchange is proposing to in PCX Rule 6.82(a)(1) that RMMs are introduce a platform by which Lead eliminate PCX Rule 6.82(h)(1). This rule not eligible to act as LMMs from a Market Makers may either be present on currently allows the Lead Market Maker location off the trading floor. A firm that the trading floor or may serve their role to perform Order Book Official operates at the PCX can have different from a remote location. LMMs will functions. Since an Order Book Official employees who function as RMM and retain their guaranteed participation is only present on the trading floor (PCX LMM. Under the proposed new rules, allowances and opportunities to Plus does not contain a functionality however, these individuals would be participate in open outcry should they similar to that which is performed by an prohibited from trading the same option choose to work from the physical Order Book Official), this function is not issues.10 The Commission believes that trading floor. For those LMMs who needed should a Lead Market Maker these limitations should help to reduce choose to conduct their business from choose to operate from a remote the opportunity for conflicts of interest. remote locations, they will not be able location. to inure the benefits of the current open Finally, the provisions of the PCX C. Order Book Official Function outcry strategies and will be granted Rules that permit Lead Market Makers The Exchange is proposing to their guaranteed participation rights to perform certain functions that require eliminate PCX Rule 6.82(h)(1), which solely based upon the size and price them to be physically present on the allows LMMs to perform Order Book that they disseminate via the PCX Plus trading floor (i.e. PCX Rule 6.82(h)(3)) Official functions. Since an Order Book System. will only be permitted should the Lead Official is only present on the trading In order to allow LMMs to operate Market Maker remain physically present floor, an LMM that chooses to operate from a remote location, the Exchange is on the trading floor. These functions from a remote location would not be proposing a number of changes to its will not be permitted should the Lead able to fulfill this function. The Rules. First, PCX Rule 6.32 is being Market Maker decide to operate from a Exchange has represented, and the amended to add LMMs to the definition remote location. Commission expects, that for those of who may make transactions through III. Discussion individuals who continue to trade via the facilities of the Exchange. This open outcry on the trading floor, the change will allow LMMs who are not After careful review, the Commission finds that the proposed rule change, as Exchange will provide the necessary physically present on the trading floor staff to effectively supervise trading.11 to perform the duties and obligations amended, is consistent with the from a remote location. Language in requirements of the Act and the rules IV. Conclusion PCX Rule 6.32 is also being changed to and regulations thereunder applicable to a national securities exchange 7 and, in It is therefore ordered, pursuant to allow for trades executed by an LMM 12 particular, the requirements of Section 6 Section 19(b)(2) of the Act, that the through a facility of the Exchange, in 8 proposed rule change (File No. SR– addition to in-person trades, to be of the Act. Specifically, the Commission finds that the proposal is PCX–2005–31), as amended, is hereby eligible to receive market maker margin. consistent with Section 6(b)(5) of the approved. Presently only LMM trades that are Act,9 in that the proposal has been For the Commission, by the Division of executed on the floor of the Exchange or designed to promote just and equitable Market Regulation, pursuant to delegated those that meet the criteria of PCX Rule 13 principles of trade, and to protect authority. 6.32(c) are eligible for market maker investors and the public interest. Margaret H. McFarland, margin. Under the proposal, an LMM Deputy Secretary. acting from a remote location would A. Market Maker Obligations still be required to meet all of the [FR Doc. E5–4491 Filed 8–16–05; 8:45 am] PCX Rule 6.32 is being amended to BILLING CODE 8010–01–P allow for trades executed by an LMM 5 Amendment No. 3 clarifies how a Lead Market through a facility of the Exchange, in 10 Maker will garner their guaranteed trade allocations See Proposed PCX Rule 6.35(h)(4). by adding the words ‘‘via the PCX Plus system’’ at 11 The Exchange has also represented that at this the end of the second paragraph in the purpose 7 The Commission has considered the amended time no LMM is currently performing the functions statement. Amendment No. 3 also eliminates the proposed rule change’s impact on efficiency, of an Order Book Official nor has any LMM deletion of PCX Rule 6.37(f)(1). competition and capital formation. 15 U.S.C. 78c(f). expressed an interest in doing so. 6 See Securities Exchange Act Release No. 51937 8 15 U.S.C. 78f. 12 15 U.S.C. 78s(b)(2). (June 29, 2005), 70 FR 38997. 9 15 U.S.C. 78f(b)(5). 13 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE another market center prior to the market opening price and that are COMMISSION actual New York market opening. [To be entered two minutes or more (or such guaranteed an execution at the New shorter time, for example, one minute or [Release No. 34–52239; File No. SR–Phlx– 2005–14] York market opening price, such orders more, as chosen by the Directed must be received at least two minutes Specialist for all securities traded by the Self-Regulatory Organizations; prior to the actual New York market Directed Specialist) prior to the actual Philadelphia Stock Exchange, Inc.; opening.] Market orders that are equal New York market opening will be Notice of Filing of Proposed Rule to or smaller than the Directed executed automatically, at the New Change and Amendment No. 1 Thereto Specialist’s automatic execution York market opening price, against: Relating to Order Matching at the guarantee size, or larger orders entered (A) available contra-side orders Opening in PACE two minutes or more (or such shorter received by the same Directed Specialist time, for example, one minute or more, that are to be executed at the opening, August 11, 2005. as chosen by the Directed Specialist for otherwise they will be executed Pursuant to Section 19(b)(1) of the all securities traded by the Directed automatically against the Directed Securities Exchange Act of 1934 Specialist) prior to the actual New York Specialist; or (‘‘Act’’) 1, and Rule 19b–4 2 thereunder, market opening will be executed (B) the Directed Specialist, if such notice is hereby given that on March 10, automatically against: orders are odd-lot orders, partial round 2005, the Philadelphia Stock Exchange, (a) available contra-side orders lot all-or-none orders, round lot all-or- Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with received by the same Directed Specialist none orders when a single contra-side the Securities and Exchange that are to be executed at the opening, order with sufficient volume is not Commission (‘‘Commission’’) the otherwise they will be executed available and the odd lot portion of PRL proposed rule change as described in automatically against the Directed orders executed in (A) above. Items I, II, and III, below, which Items Specialist; or Limit orders not executed have been prepared by the Phlx. On July (b) the Directed Specialist, if such automatically, as above, will be 28, 2005, the Phlx submitted orders are odd-lot orders, partial round available, after the opening, to be Amendment No. 1 to the proposed rule lot all-or-none orders, round lot all-or- executed as an existing order pursuant change.3 The Commission is publishing none orders when a single contra-side to Supplementary Material .04A(b)(i) this notice to solicit comments on the order with sufficient volume is not above, or receive a professional proposed rule change, as amended, from available and the odd lot portion of PRL execution in accordance with interested persons. orders executed in (a) above. Supplementary Material, .10(b) below. In the case of delayed openings, I. Self-Regulatory Organization’s Remainder of .10(a) No change. execution will occur at the New York Statement of the Terms of Substance of .10(b) Professional Execution opening price. Market orders not the Proposed Rule Change Standards—[Market orders and round- executed automatically, as above, will lot limit orders of 600 to 2000 shares, The Phlx proposes to amend Phlx be available, after the opening, to be and PRL’s of 601 to 2099 shares and 4 Rule 229 to permit PACE to modify the executed as an existing order pursuant such limit orders of greater size up to opening process to match certain orders, to Supplementary Material .04A(b)(i) 5000 shares that the specialist may described below, to each other, where above, or receive a professional accept must be entered at least three (3) possible, instead of matching such execution in accordance with minutes prior to the opening in order to orders with the specialist. Specifically, Supplementary Material, .10(b) below. be guaranteed the opening price.] the Exchange proposes to modify Phlx [Execution of market orders of a size Remainder of .10(b) No change. Rule 229, Supplementary Materials .06 greater than 2099 shares and up to 5000 .10(c) No change. and .10(a)–(b), to effect the matching of shares which the specialist agrees to .11 [Upon written approval of a Floor such orders. The Exchange also accept must be received at least three Procedure Committee member, the proposes to delete Phlx Rule 229, minutes prior to the actual New York specialist will have the right to refuse Supplementary Material .11. Market opening price.] prior to the actual New York opening, The text of amended Phlx Rule 229 is .07–.09 No change. round-lot and PRL orders which create set forth below. Brackets indicate .10(a)(i)–(iii) No change. a net long or net short position in excess deletions; italics indicate proposed new [In order for round-lot limit orders up of 1000 shares. Prior to granting such text. to 500 shares and the round-lot portion approval, however, the alternate Rule 229, Supplementary Material: of PRL limit orders up to 599 shares to specialists in such security must be be guaranteed an execution at the New requested to accept a portion of such .01–.05 No change. York opening price, such orders must be orders as may be deemed appropriate by .06 Market orders [(round-lots, odd- received at least two minutes prior to the Floor Procedure Committee lots and PRL’s up to 2099 shares)] the actual New York market opening member.] Reserved. entered prior to the opening will be and 1000 or more shares must open on .12–.22 No change. executed at the New York market the New York market at the limit price. opening price, unless such order is The obligations of a specialist under the II. Self-Regulatory Organization’s marked sell short or is laid off at Rule for the execution of round-lot limit Statement of the Purpose of, and orders up to 500 shares and the round- Statutory Basis for, the Proposed Rule 1 15 U.S.C. 78s(b)(1). Change 2 lot portion of PRL limit orders up to 599 17 CFR 240.19b–4. shares shall not be altered by the In its filing with the Commission, the 3 Amendment No. 1, which replaced and superseded the original filing in its entirety, acceptance of any other limit orders by Phlx included statements concerning included additional text in the purpose section to such specialist.] the purpose of and basis for the further clarify the description and operation of the (iv) Limit orders, unless such orders proposed rule change and discussed any proposed rule change, and also included a minor are marked sell short or laid off at comments it received on the proposed edit to the text of Phlx Rule 229. 4 PACE is the Exchange’s automated order another market center prior to the rule change. The text of these statements routing, delivery, execution and reporting system actual New York market opening, that may be examined at the places specified for equities. See Phlx Rule 229. are traded through by the New York in Item IV below. The Phlx has prepared

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summaries, set forth in Sections A, B, within PACE) before the actual opening. Orders, are ‘‘Eligible Orders’’). The Phlx and C below, of the most significant In addition, if they are equal to or proposes to add language to the text of aspects of such statements. smaller than the Directed Specialist’s Phlx Rule 229, Supplementary Material automatic execution guarantee size, they .10(a), to implement the preceding A. Self-Regulatory Organization’s would need to be entered before the standards and proposes to remove Statement of the Purpose of, and actual New York market opening. If they certain existing language relating to the Statutory Basis for, the Proposed Rule are larger than the Directed Specialist’s size of limit orders, the receipt time Change automatic execution guarantee size, they required, and the number of shares 1. Purpose would need to be entered two minutes needed to print on the New York market The purpose of the proposed rule or more (or such shorter time, for to receive the New York opening price, change is to increase automated order example, one minute or more, as chosen which all conflict with the proposed handling and remove the specialist in by the Directed Specialist for all language. situations where orders could otherwise securities traded by the Directed Matching. The Exchange proposes to match at the opening. Currently, when Specialist) prior to the actual New York match Eligible Orders received by each market opening.9 (Market orders that are Directed Specialist as follows: odd-lot PACE automatically executes certain 12 orders received before the opening at eligible to be matched as described in orders, partial round lot (‘‘PRL’’) all- the opening price, all such orders are this paragraph are referred to as or-none (‘‘AON’’) orders, round lot AON matched with the specialist to whom ‘‘Eligible Market Orders’’). The Phlx also orders when a single contra-side order the order is directed. The net result of proposes to add language to the text of with sufficient volume is not available, this is that all such orders receive an Phlx Rule 229, Supplementary Material and the odd lot portion of PRL Eligible execution (against the Directed .06, to implement the preceding Orders would all be matched against the Specialist 5) and the Directed Specialist standards and proposes to remove Directed Specialist. The Phlx is not may be left with a position, which is the certain existing language relating to the proposing to match odd-lot orders, PRL result of the specialist’s interaction with size of market orders and the receipt AON orders, and the odd-lot portion of the imbalance of buy or sell orders, as time required to receive the New York PRL Eligible Orders against other applicable. opening price that conflicts with the Eligible Orders because the Phlx wishes The Exchange proposes to modify the proposed language. to prevent the creation of yet further matching functionality so that certain Limit Orders. The Exchange’s orders with odd-lot portions as the Phlx Eligible Orders, described below, proposal would also provide that limit believes that order entry firms prefer not received by each Directed Specialist that orders, in order to be matched at the to have their round lot orders broken could be matched against each other New York opening price, could not be into odd-lots and receive odd-lot would do so instead of matching with marked sell short or laid off before the executions. The remaining Eligible the Directed Specialist. In other words, actual opening.10 In addition, they Orders received by a Directed Specialist such Eligible Orders would still receive would have to be traded through by the would be matched against each other, an execution, but the execution would New York market opening price and with any imbalance matching against not involve the participation of a dealer. must be entered two minutes or more the Directed Specialist. Directed Specialists would continue to (or such shorter time, for example, one The Exchange’s matching algorithm match against other Eligible Orders, as minute or more, as chosen by the would operate in such a way as to described below, as well as any Directed Specialist for all securities minimize the number of different orders imbalance of their directed orders that traded by the Directed Specialist) prior that any one order will match against. could not match against other orders. to the actual New York market The algorithm would build buy side and Additionally, the Exchange is proposing opening.11 (Limit orders that are eligible sell side order lists from the Eligible to modify the text of Phlx Rule 229 to to be matched as described in this Orders, sorting them by descending depict how the proposed matching paragraph, along with Eligible Market volume with AON orders first. After the functionality will operate, including lists are built, matching would be clearly indicating what orders would be 9 The PACE system historically only executed initiated with the largest volume AON eligible for matching at the opening market orders equal to or smaller than the Directed order first (buy or sell). The first order Specialist’s automatic execution guarantee size would then be matched against price and indicating against whom such entered before the opening at the New York opening orders would be matched. price. As the PACE functionality evolved, certain opposing orders, in order, or if Market Orders. Under this proposal, limit orders and larger sizes were executed at the mandated by the rule, against the certain market and limit orders received opening price, but the Phlx determined to limit Directed Specialist. This process would those additional sizes and the additional type to then be repeated by selecting the next before the opening will be matched at those entered a specific time before the opening in the New York market 6 opening price.7 order to give the Directed Specialist time to assess order in volume priority until all In order to be matched at the New York and handle the risk associated with executing those Eligible Orders are filled. If two orders opening price, market orders could not orders. At this time, the Phlx has determined not have the same volume, market orders to change the type and size of orders that are subject 8 would receive priority before limit be marked sell short or laid off (i.e., to a time restriction, only to change the party orders that are being sent to other against whom those orders match against. orders and if both orders are the same marketplaces for execution and 10 See Phlx Rule 229, Proposed Supplementary type (market or limit), then priority appropriately marked by the specialist Material .10(a)(iv). would be based on time of entry. The 11 The Exchange understands that limit orders Exchange believes that this matching priced at the opening price are not guaranteed an 5 algorithm should minimize the number The term ‘‘Directed Specialist’’ has the same execution at the opening on the primary market. meaning as in Phlx Rule 229A(b)(3), when there is See, e.g., American Stock Exchange Rule 108(a) and of customer reports that any one order more than one specialist assigned in a security. (b)(1) (providing that market orders, which must will receive, which the Exchange When there is only one specialist assigned in a receive an execution at the opening price, have believes should help to keep the costs security, the term Directed Specialist means that precedence over limit orders and that only limit associated with such multiple reports to sole specialist. orders that are priced better than the opening price 6 The ‘‘New York market’’ refers to the listing are to be treated as market orders). The Exchange a minimum. However, regardless of the market. has determined not to extend the guarantee under 7 See Phlx Rule 229, Supplementary Material .06. this proposed rule change to limit orders priced at 12 ‘‘Partial round lot’’ means a combined round- 8 See 17 CFR 240.11Ac1–4(c)(5). the opening price. lot and odd-lot order. See Phlx Rule 229.

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particular method employed to match (A) by order approve such proposed For the Commission, by the Division of these orders, all Eligible Orders would rule change, as amended, or Market Regulation, pursuant to delegated 15 be matched at the opening price (B) institute proceedings to determine authority. immediately following the New York whether the proposed rule change, as Margaret H. McFarland, opening. amended, should be disapproved. Deputy Secretary. Further, the Exchange proposes to [FR Doc. E5–4490 Filed 8–16–05; 8:45 am] IV. Solicitation of Comments delete existing language in Phlx Rule BILLING CODE 8010–01–P 229, Supplementary Material .10(b), Interested persons are invited to relating to the size of market and limit submit written data, views, and orders and the receipt time required to arguments concerning the foregoing, SMALL BUSINESS ADMINISTRATION receive the New York opening price as including whether the proposed rule the treatment of such orders will be change, as amended, is consistent with Notice of Action Subject to covered in Supplementary Materials .06 the Act. Comments may be submitted by Intergovernmental Review Under and .10(a). Finally, the Exchange any of the following methods: Executive Order 12372 proposes to delete Supplementary Electronic Comments AGENCY: U.S. Small Business Material .11 of Phlx Rule 229, relating Administration. to the refusal of orders, as the Phlx • Use the Commission’s Internet believes that specialists today have comment form (http://www.sec.gov/ ACTION: Notice of action subject to sufficient methods available to them to rules/sro.shtml); or intergovernmental review. • manage the risk associated with orders Send an e-mail to rule- SUMMARY: The Small Business received before the opening. [email protected]. Please include File Administration (SBA) is notifying the 2. Statutory Basis Number SR–Phlx–2005–14 on the public that it intends to grant the subject line. pending applications of 42 existing The Exchange believes that its Paper Comments Small Business Development Centers proposal, as amended, is consistent with (SBDCs) for refunding on January 1, Section 6(b) and Section 11A(a)(1)(C) of • Send paper comments in triplicate 13 2006, subject to the availability of funds. the Act in general, and furthers the to Jonathan G. Katz, Secretary, Fourteen states do not participate in the objectives of Section 6(b)(5) and Section Securities and Exchange Commission, 14 EO 12372 process therefore, their 11A(a)(1)(C)(v) of the Act in Station Place, 100 F Street, NE., addresses are not included. A short particular, in that it should promote just Washington, DC 20549–9303. description of the SBDC program and equitable principles of trade, All submissions should refer to File follows in the supplementary remove impediments to and perfect the Number SR–Phlx–2005–14. This file information below. mechanism of a free and open market, number should be included on the The SBA is publishing this notice at and protect investors and the public subject line if e-mail is used. To help the least 90 days before the expected interest by increasing the number of Commission process and review your refunding date. The SBDCs and their investors’ orders that are executed at the comments more efficiently, please use mailing addresses are listed below in opening without the participation of a only one method. The Commission will the address section. A copy of this dealer. post all comments on the Commission’s notice also is being furnished to the B. Self-Regulatory Organization’s Internet Web site (http://www.sec.gov/ respective State single points of contact Statement on Burden on Competition rules/sro.shtml). Copies of the designated under the Executive Order. submission, all subsequent Each SBDC application must be The Exchange does not believe that amendments, all written statements consistent with any area-wide small the proposed rule change, as amended, with respect to the proposed rule business assistance plan adopted by a will impose any inappropriate burden change that are filed with the State-authorized agency. on competition. Commission, and all written DATES: A State single point of contact C. Self-Regulatory Organization’s communications relating to the and other interested State or local Statement on Comments on the proposed rule change between the entities may submit written comments Proposed Rule Change Received From Commission and any person, other than regarding an SBDC refunding within 30 Members, Participants, or Others those that may be withheld from the days from the date of publication of this public in accordance with the notice to the SBDC. No written comments were either provisions of 5 U.S.C. 552, will be ADDRESSES: solicited or received. available for inspection and copying in III. Date of Effectiveness of the the Commission’s Public Reference Addresses of Relevant SBDC State Proposed Rule Change and Timing for Room. Copies of the filing also will be Directors Commission Action available for inspection and copying at Mr. Greg Panichello, State Director, Salt the principal office of the Phlx. All Within 35 days of the date of Lake Community College, 9750 South comments received will be posted publication of this notice in the Federal 300 West, Sandy, UT 94070, (801) without change; the Commission does Register or within such longer period (i) 957–3493. not edit personal identifying as the Commission may designate up to Mr. John Lenti, State Director, information from submissions. You 90 days of such date if it finds such University of South Carolina, 1710 should submit only information that longer period to be appropriate and College Street, Columbia, SC 29208, you wish to make available publicly. All publishes its reasons for so finding or (803) 777–4907. submissions should refer to File (ii) as to which the Exchange consents, Mr. Henry Turner, Executive Director, Number SR–Phlx–2005–14 and should the Commission will: Howard University, 2600 6th St., be submitted on or before September 7, NW., Room 125, Washington, DC 13 15 U.S.C. 78f(b) and 15 U.S.C. 78k–1(a)(1)(C). 2005. 20059, (202) 806–1550. 14 15 U.S.C. 78f(b)(5) and 15 U.S.C. 78k– Mr. Herbert Thweatt, Director, 1(a)(1)(C)(v). 15 17 CFR 200.30–3(a)(12). American Samoa Community College,

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P.O. Box 2609, Pago Pago, American 800 North State College Blvd., assistance services in its area of Samoa 96799, 011–684–699–9155. Fullerton, CA 92834, (714) 278–2719. operations, depending upon local needs, Ms. Kelly Manning, State Director, Mr. Chris Rosander, Region Director, SBA priorities and SBDC program Office of Business Development, 1625 University of California, Merced, 550 objectives. Services include training and Broadway, Suite 1710, Denver, CO East Shaw, Suite 105A, Fresno, CA counseling to existing and prospective 80202, (303) 892–3864. 93710, (559) 241–6590. small business owners in management, Mr. Jerry Cartwright, State, Director, Ms. Adrianna Dawson, Acting State marketing, finance, operations, University of West Florida, 401 East Director, Bryant College, 1150 planning, taxes, and any other general Chase Street, Suite 100, Pensacola, FL Douglas Pike, Smithfield, RI 02917, or technical area of assistance that 32502, (850) 473–7800. (401) 232–6923. supports small business growth. Mr. Allan Adams, Acting State Director, Ms. Debbie Trujillo, Region Director, The SBA district office and the SBDC University of Georgia, 1180 East Southwestern Community College must agree upon the specific mix of Broad Street, Athens, GA 30602, (706) District, 900 Otey Lakes Road, Chula services. They should give particular 542–6762. Vista, CA 91910, (619) 482–6388. attention to SBA’s priority and special Mr. Sam Males, State Director, Mr. Dan Ripke, Region Director, emphasis groups, including veterans, University of Nevada/Reno, College of California State University, Chico women, exporters, the disabled, and Business Administration, Room 411, Research Foundation, Chico, CA minorities. Reno, NV 89557–0100, (775) 784– 95929–0765, (530) 898–4598. SBDC Program Requirements 1717. FOR FURTHER INFORMATION CONTACT: Ms. Debbie Bishop Trocha, State Antonio Doss, Associate Administrator An SBDC must meet programmatic Director, Economic Development for SBDCs, U.S. Small Business and financial requirements imposed by Council, One North Capitol, Suite Administration, 409 Third Street, SW., statute, regulations or its Cooperative 900, Indianapolis, IN 46204, (317) Sixth Floor, Washington, DC 20416. Agreement. The SBDC must: 234–2086. SUPPLEMENTARY INFORMATION: (a) Locate service centers so that they Mr. Darryl Mleynek, State Director, are as accessible as possible to small University of Hawaii/Hilo, 308 Description of the SBDC Program businesses; Kamehameha Avenue, Suite 201, A partnership exists between SBA (b) Open all service centers at least 40 Hilo, HI 96720, (808) 974–7515. and an SBDC. SBDCs offer training, hours per week, or during the normal Mr. Greg Sedrick, State Director, Middle counseling and other business business hours of its state or academic Tennessee State University, 615 development assistance to small Host Organization, throughout the year; Memorial Blvd., Third Floor, businesses. Each SBDC provides (c) Develop working relationships Murfreesboro, TN 37219, (615) 849– services under a negotiated Cooperative with financial institutions, the 9999. Agreement with the SBA. SBDCs investment community, professional Ms. Mary Collins, State Director, operate on the basis of a state plan to associations, private consultants and University of New Hampshire, 108 provide assistance within a state or small business groups; and McConnell Hall, Durham, NH 03824, geographic area. The initial plan must (d) Maintain lists of private (603) 862–4879. have the written approval of the consultants at each service center. Mr. John Massaua, State Director, Governor. Non-Federal funds must Dated: August 10, 2005. University of Southern Maine, 96 match Federal funds. An SBDC must Antonio Doss, Falmouth Street, Portland, ME 04103, operate according to law, the (207) 780–4420. Associate Administrator for Small Business Cooperative Agreement, SBA’s Development Centers. Ms. Christine Martin-Goldsmith, State regulations, the annual Program [FR Doc. 05–16233 Filed 8–16–05; 8:45 am] Director, University of North Dakota, Announcement, and program guidance. 1600 East Century Avenue, Suite 2, BILLING CODE 8025–01–P Bismarck, ND 58503, (701) 328–5375. Program Objectives Mr. John Hemmingstad, State Director, The SBDC program uses Federal DEPARTMENT OF TRANSPORTATION University of South Dakota, 414 East funds to leverage the resources of states, Clark Street, Patterson Hall, academic institutions and the private Office of the Secretary Vermillion, SD 57069, (605) 677– sector to: 6256. (a) Strengthen the small business [Docket No. OST–2005–22119] Mr. Brett Rogers, State Director, community; RIN 2105–AD53 Washington State University, 534 East (b) Increase economic growth; Trent Avenue, Spokane, WA 99210– (c) Assist more small businesses; and Time Zone Boundaries in the State of 1495, (509) 358–7765. (d) Broaden the delivery system to Indiana Mr. Casey Jeszenka, SBDC Director, more small businesses. University of Guam, P.O. Box 5061— AGENCY: Office of the Secretary, DOT. SBDC Program Organization U.O.G. Station, Mangilao, GU 96923, ACTION: Notice. (671) 735–2590. The lead SBDC operates a statewide Ms. Erica Kauten, State Director, or regional network of SBDC service SUMMARY: The General Assembly and University of Wisconsin, 432 North centers. An SBDC must have a full-time Governor of the State of Indiana have Lake Street, Room 423, Madison, WI Director. SBDCs must use at least 80 asked the Department of Transportation 53706, (608) 263–7794. percent of the Federal funds to provide (DOT) to initiate proceedings to hold Mr. Greg Higgins, State Director, services to small businesses. SBDCs use hearings in the appropriate locations in University of Pennsylvania, The volunteers and other low cost resources Indiana on the issue of the location of Wharton School, 423 Vance Hall, as much as possible. the boundary between the Eastern and Philadelphia, PA 19104, (215) 898– Central Time Zones in Indiana. The 1219. SBDC Services General Assembly and Governor did Ms. Vi Pham, Region Director, An SBDC must have a full range of not, however, take a position on where California State University, Fullerton, business development and technical the boundary should be. This notice

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initiates those proceedings and invites Zones. In this regard, the Act states that, Central Time Zones, DOT will be better local officials in Indiana that wish to ‘‘[T]he state supports the county able to address Indiana’s concerns in a change their current time zone in executive of any county that seeks to more targeted and timely manner. The accordance with Indiana Senate change the time zone in which the purpose of this notice is to invite Enrolled Act 127 (the Act) to notify DOT county is located under the procedures counties that wish to change their time of their request for a change. Provided established by Federal Law.’’ The Act zone boundary in response to the that the submitted petition(s) also provides that, ‘‘The governor and legislation to submit petitions and affirmatively ask for a specific change the general assembly hereby petition the appropriate supporting documentation and provide adequate supporting data, United States Department of to DOT by September 16, 2005. DOT will issue a notice of proposed Transportation to initiate proceedings For decades, DOT has used an rulemaking (NPRM), which will solicit under the Uniform Time Act of 1966 to informal set of procedures to address public comment, and schedule public hold hearings in the appropriate time zone issues. Under Federal law, hearings on the proposed time zone locations in Indiana on the issue of the there are two ways in which an area in boundary change. location of the boundary between the the United States can be moved from The notice also announces the Central Time Zone and the Eastern Time one time zone to another. The first is by opening of an internet-accessible, public Zone in Indiana.’’ Finally, the Act a statute enacted by Congress and the docket to receive any petitions and requests that DOT refrain from changing second is by a regulation issued by the other relevant documents concerning the time zone of any county currently Secretary of Transportation. For the the appropriate placement of the time located within the Central Time Zone latter, the request should be made by the zone boundary in the State of Indiana. and five counties near Cincinnati and ranking elected official or body in the The Department recognizes the Louisville. area that is the subject of the request. importance of the time zone boundaries On July 15, 2005, Secretary Mineta While a request to change time zones by to residents of the State of Indiana and sent a letter to Governor Mitch Daniels the Governor or the Legislature meets will consider the information it receives responding to this legislation and letters this requirement, requests from this in a timely manner. from the Governor. The letter noted that level are quite rare. Usually, such DATES: County or local officials should it is our normal practice, in requests cover one or more counties, or submit their petitions to the Docket not implementing our responsibilities under parts of a county; hence, the request later than September 16, 2005. the Uniform Time Act with respect to should come from the board of county commissioners or similar body. ADDRESSES: You may submit petitions the location of time zone boundaries, to The request should be accompanied [identified by the docket number in the take action on a specific request for by a formal certification from the heading at the beginning of this change in the time zone boundary for a appropriate governmental official that document] by any of the following particular jurisdiction from the elected officials of that jurisdiction. After the request is the result of official action methods: by the requesting party, if the requesting • Web site: http://dms.dot.gov. receiving a request, we then determine party is a legislative body. It should Follow the instructions for submitting whether it meets the minimum statutory include the name and title or position petitions on the DOT electronic docket criteria before issuing a NPRM to make of a person representing the requesting site. a change. • Fax: 1–202–493–2251. The letter noted that, because of the party whom DOT may contact for • Mail: Docket Management Facility; special circumstances in Indiana as a further information, as well as address, U.S. Department of Transportation, 400 result of the recent legislation, and in telephone number, fax number, and Seventh Street, SW., Nassif Building, order to proceed in an orderly manner, email address. The request should be Room PL–401, Washington, DC 20590– DOT would take the following actions: submitted to the Secretary of 001. Transportation, Washington, DC 20590, ‘‘We will publish in the Federal Register Attention: General Counsel (C–50) by • Hand Delivery: Room PL–401 on a notice that advises the appropriate local the plaza level of the Nassif Building, officials in Indiana that, if they wish their any of the methods set forth under the 400 Seventh Street, SW., Washington, county to change its current time zone, they ‘‘Address’’ section earlier in this notice. DC, between 9 am and 5 pm, Monday should notify DOT of that intent, and provide Most importantly, the petition should through Friday, except Federal us with a request containing specific data include, or be accompanied by, detailed Holidays. and information by a date certain. information supporting the requesting Our notice will set out the type of data and party’s contention that the requested FOR FURTHER INFORMATION CONTACT: information necessary to justify issuing an change would serve the convenience of Joanne Petrie, Office of the General NPRM. commerce. The convenience of Counsel (C–50), 400 Seventh Street, We will set the date for submission of the commerce standard for deciding requests at the time we issue the notice. SW., Washington, DC 20590; email whether to change a time zone is [email protected].; (202) 366–9306. After reviewing the requests and supporting data, we will determine which defined very broadly to include SUPPLEMENTARY INFORMATION: The requests, if any, justify the issuance of an consideration of all the impacts upon a Indiana General Assembly recently NPRM. Once justified, we will issue the community of a change in its standard adopted legislation providing that the NPRM, which will solicit public comment of time. The supporting documentation entire State of Indiana will begin to and will schedule public hearings. After the should address, at a minimum, each of observe daylight saving time beginning close of the comment period, we will review the following questions in as much in 2006. Under Federal law, the all comments and take appropriate final detail as possible. action.’’ decision whether to observe daylight 1. From where do businesses in the saving time is solely up to the State and These procedures are designed to community get their supplies, and to will not be addressed by DOT. provide local officials with a convenient where do they ship their goods or Comments on that decision should be and efficient opportunity to request a products? directed to State officials and not DOT. change in their county’s current time 2. From where does the community The Act also addressed the issue of zone. In addition, by learning where receive television and radio broadcasts? changing the location of the boundary there is interest in changing the 3. Where are the newspapers between the Eastern and Central Time boundary between the Eastern and published that serve the community?

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4. From where does the community DEPARTMENT OF TRANSPORTATION agencies, the aviation industry and get its bus and passenger rail services; others for safety assessment, planning, if there is no scheduled bus or passenger Federal Aviation Administration forecasting, cost/benefit analysis, and to rail service in the community, to where target areas for research. Agency Information Collection must residents go to obtain these Estimated Annual Burden Hours: An Activities Under OMB Review services? estimated 10,000 hours annually. 5. Where is the nearest airport; if it is AGENCY: Federal Aviation ADDRESS: Send comments to the Office a local service airport, to what major Administration (FAA), DOT. of Information and Regulatory Affairs, airport does it carry passengers? ACTION: Notice. Office of Management and Budget, 725 17th Street, NW., Washington, DC 6. What percentage of residents of the SUMMARY: In compliance with the 20503, Attention FAA Desk Officer. community work outside the Paperwork Reduction Act of 1995 (44 Comments are invited on: Whether community; where do these residents U.S.C. 3501 et seq.), this notice the proposed collection of information work? announces that the Information is necessary for the proper performance 7. What are the major elements of the Collection Requests (ICR) abstracted of the functions of the Department, community’s economy; is the below have been forwarded to the Office including whether the information will community’s economy improving or of Management and Budget (OMB) for have practical utility; the accuracy of declining; what Federal, State, or local extension of the currently approved the Department’s estimates of the plans, if any, are there for economic collections. The ICR describes the burden of the proposed information nature of the information collection and development in the community? collection; ways to enhance the quality, the expected burden. The Federal utility and clarity of the information to 8. If residents leave the community Register Notice with a 60-day comment be collected; and ways to minimize the for schooling, recreation, health care, or period soliciting comments on the burden of the collection of information religious worship, what standard of time following collections of information was on respondents, including the use of is observed in the places where they go published on May 25, 2005, page 30180. automated collection techniques or for these purposes? DATES: Comments must be submitted on other forms of information technology. In addition, we will consider any or before September 16, 2005. A Issued in Washington, DC, on August 11, other information that the county or comment to OMB is most effective if 2005. local officials believe to be relevant to OMB receives it within 30 days of Judith D. Street, the proceeding. publication. FAA Information Collection Clearance In order to proceed efficiently, we ask FOR FURTHER INFORMATION CONTACT: Judy Officer, Information Systems and Technology Services Staff, ABA–20. that any county wishing to change its Street on (202) 267–9895. time zone boundary formally notify SUPPLEMENTARY INFORMATION: [FR Doc. 05–16328 Filed 8–9–05; 8:45 am] BILLING CODE 4910–13–M DOT by September 16, 2005. The Federal Aviation Administration (FAA) submission should affirmatively take a position concerning what time zone all 1. Title: Airport Master Record. Type of Request: Extension of a DEPARTMENT OF TRANSPORTATION the county should be placed in and currently approved collection. should include specific data supporting OMB Control Number: 2120–0015. Federal Aviation Administration that position as outlined in our informal Form(s) FAA Form 5010–1, –2, –3, procedures. All petitions received by Approval of Noise Compatibility and –5. Program; Capital City Airport, Lansing, September 16, 2005, will be considered Affected Public: A total of 19,345 MI on an expedited schedule. Counties, or airport operators. other governmental representatives, are Abstract: 49 U.S.C. 329(b) directs the AGENCY: Federal Aviation free to petition after that date but may Secretary of Transportation to collect Administration, DOT. not be included in any rulemaking information about civil aeronautics. The ACTION: Notice. covering those received by September information is required to carry out FAA 16, 2005. missions related to the aviation SUMMARY: The Federal Aviation Administration (FAA) announces its In addition, this notice announces the industry, flight planning, and airport engineering. The database is the basic findings on the noise compatibility opening of an internet-accessible, public source of data for private, state, and program submitted by Capital Region docket that will include a copy of the Federal government aeronautical charts Airport Authority under the provisions legislation, correspondence from the and publications. of 49 U.S.C. (the Aviation Safety and Governor, county petitions, and other Estimated Annual Burden Hours: An Noise Abatement Act, hereinafter relevant documents concerning the estimated 8,770 hours annually. referred to as ‘‘the Act’’) and 14 CFR appropriate placement of the time zone 2. Title: General Aviation and Air part 150. These findings are made in boundary in the State of Indiana. Taxi Activity and Avionics Survey. recognition of the description of Federal Issued in Washington, DC on August 10, Type of Request: Extension of a and nonfederal responsibilities in 2005. currently approved collection. Senate Report No. 96–52 (1980). On Jeffrey A. Rosen, OMB Control Number: 2120–0060. February 7, 2005 the FAA determined Forms: FAA Form 1800–54. that the noise exposure maps submitted General Counsel. Affected Public: A total of 30,000 by Capital Region Airport Authority [FR Doc. 05–16303 Filed 8–16–05; 8:45 am] aircraft owners. under part 150 were in compliance with BILLING CODE 4910–62–P Abstract: Respondents to this survey applicable requirements. On August 5, are owners of general aviation aircraft. 2005, the FAA approved the Capital This information is used by the FAA, City Airport noise compatibility the National Transportation Safety program. All of the recommendations of Board (NTSB) and other government the program were approved. No program

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elements relating to new or revised d. Program measures relating to the on and/or off the airport. The FAA flight procedures for noise abatement use of flight procedures can be completed its review and determined were proposed by the airport operator. implemented within the period covered that the procedural and substantive DATES: The effective date of the FAA’s by the program without derogating requirements of the Act and FAR part approval of the Capital City Airport safety, adversely affecting the efficient 150 have been satisfied. The overall noise compatibility program is August use and management of the navigable program, therefore, was approved by the 5, 2005. airspace and air traffic control systems, FAA effective August 5, 2005. FOR FURTHER INFORMATION CONTACT: Ms. or adversely affecting other powers and Outright approval was granted for all Katherine S. Jones, Community Planner, responsibilities of the Administrator of the specific program elements. These Detroit Airports District Office, Metro prescribed by law. elements were: Encourage real estate Specific limitations with respect to Airport Center, 11677 South Wayne sellers to provide notification of FAA’s approval of an airport noise Road, Suite 107, Romulus, Michigan, potential noise impacts; Encourage local compatibility program are delineated in Phone (734) 229–2900. Documents jurisdictions to require new FAR part 150, seciton 150.5. Approval reflecting this FAA action may be development to provide proper sound is not a determination concerning the reviewed at this same location. insulation in noise-impacted areas acceptability of land uses under Federal, through the building code process; SUPPLEMENTARY INFORMATION: This State, or local law. Approval does not by encourage local jurisdictions to enact/ notice announces that the FAA has itself constitute an FAA implementing continue an environmental review given its overall approval to the noise action. A request for Federal action or process that allows for Airport review of compatibility program for Capital City approval to implement specific noise new development to ensure Airport, effective August 5, 2005. compatibility measures may be consideration of noise issues/impacts; Under section 47504 of the Act, an required, and an FAA decision on the encourage local jurisdictions to develop airport operator who has previously request may require an environmental policies related to noise impacts in submitted a noise exposure map may assessment of the proposed action. Comprehensive Plans to encourage submit to the FAA a noise compatibility Approval does not constitute a program which sets forth the measures commitment by the FAA to financially compatible development in noise- taken or proposed by the airport assist in the implementation of the impacted areas; present noise exposure operator for the reduction of existing program nor a determination that all contours at various public outreach non-compatible land uses and measures covered by the program are efforts to continue public awareness of prevention of additional non-compatible eligible for grant-in-aid funding from the community noise exposure; and update land uses within the area covered by the FAA. Where federal funding is sought, noise exposure maps in five years or noise exposure maps. The Act requires requests for project grants must be with a significant change in aircraft such programs to be developed in submitted to the FAA Airports District activity, fleet mix, or physical layout. consultation with interested and Office in Romulus, Michigan. These determinations are set forth in affected parties including local Capital Region Airport Authority detail in a Record of Approval signed by communities, government agencies, submitted to the FAA on February 1, the Associate Administrator of Airports airport users, and FAA personnel. 2005, the noise exposure maps, on August 5, 2005. The Record of Each airport noise compatibility descriptions, and other documentation Approval, as well as other evaluation program developed in accordance with produced during the noise compatibility materials and the documents Federal Aviation Regulations (FAR) part planning study conducted from 2004 comprising the submittal, are available 150 is a local program, not a Federal through 2005. The Capital City Airport for review at the FAA office listed above program. The FAA does not substitute noise exposure maps were determined and at the administrative offices of the its judgment for that of the airport by FAA to be in compliance with Capital Region Airport Authority, proprietor with respect to which applicable requirements on February 7, Capital City Airport, 4100 Capital City measures should be recommended for 2005. Notice of this determination was Boulevard, Lansing, Michigan 48906. action. The FAA’s approval or published in the Federal Register on The Record of Approval also will be disapproval of FAR part 150 program March 18, 2005 (FR Doc. 05–5341 Filed available on-line at http://www.faa.gov/ recommendations is measured 3–17–05; 8:45 am). arp/environmental/14cfr150/ according to the standards expressed in The Capital City Airport study index14.cfm. part 150 and the Act and is limited to contains a proposed noise compatibility Issued in Romulus, Michigan, August 9, the following determinations: program comprised of actions designed 2005. a. The noise compatibility program for phased implementation by airport Winsome A. Lenfert, was developed in accordance with the management and adjacent jurisdictions provisions and procedures of FAR part from 2005 to 2008. It was requested that Acting Manager, Detroit Airports District Office. 150; the FAA evaluate and approve this b. Program measures are reasonably material as a noise compatibility [FR Doc. 05–16329 Filed 8–16–05; 8:45 am] consistent with achieving the goals of program as described in section 47504 BILLING CODE 4910–13–M reducing existing non-compatible land of the Act. The FAA began its review of uses around the airport and preventing the program on February 7, 2005 and DEPARTMENT OF TRANSPORTATION the introduction of additional non- was required by a provision of the Act compatible land uses; to approve or disapprove the program Federal Aviation Administration c. Program measures would not create within 180 days (other that the use of an undue burden on interstate or foreign new or modified flight procedures for Receipt of Noise Compatibility commerce, unjustly discriminate against noise control). Failure to approve or Program and Request for Review types or classes of aeronautical uses, disapprove such program within the violate the terms of airport grant 180-day period shall be deemed to be an AGENCY: Federal Aviation agreements, or intrude into areas approval of such program. Administration, DOT. preempted by the Federal Government; The submitted program contained six ACTION: Notice. and (6) proposed actions for noise mitigation

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SUMMARY: The Federal Aviation review of the submitted material ACTION: Notice of petitions for Administration (FAA) announces that it indicates that it conforms to FAR part exemption received. is reviewing a proposed noise 150 requirements for the submittal of compatibility program that was noise compatibility programs, but that SUMMARY: Pursuant to FAA’s rulemaking submitted for Santa Barbara Airport further review will be necessary prior to provisions governing the application, under the provisions of 49 U.S.C. 47501 approval or disapproval of the program. processing, and disposition of petitions et seq. (the Aviation Safety and Noise The formal review period, limited by for exemption part 11 of Title 14, Code Abatement Act, hereinafter referred to law to a maximum of 180 days, will be of Federal Regulations (14 CFR), this as ‘‘the Act’’) and 14 CFR part 150 by completed on or before January 29, notice contains a summary of certain City of Santa Barbara. This program was 2006. petitions seeking relief from specified submitted subsequent to a The FAA’s detailed evaluation will be requirements of 14 CFR. The purpose of determination by FAA that associated conducted under the provisions of 14 this notice is to improve the public’s noise exposure maps submitted under CFR part 150, section 150.33. The awareness of, and participation in, this 14 CFR part 150 for Santa Barbara primary considerations in the aspect of FAA’s regulatory activities. Airport were in compliance with evaluation process are whether the Neither publication of this notice nor applicable requirements, effective June proposed measures may reduce the level the inclusion or omission of information 28, 2005, (FR Vol. 69 pages 40452– of aviation safety or create an undue in the summary is intended to affect the 40453 published on July 2, 2004). The burden on interstate or foreign legal status of any petition or its final proposed noise compatibility program commerce, and whether they are disposition. will be approved or disapproved on or reasonably consistent with obtaining the DATES: Comments on petitions received before January 29, 2006. goal of reducing existing non- must identify the petition docket DATES: The effective date of the start of compatible land uses and preventing the number involved and must be received FAA’s review of the noise compatibility introduction of additional non- on or before September 6, 2005. compatible land uses. program is August 3, 2005. The public ADDRESSES: You may submit comments Interested persons are invited to comment period ends October 3, 2005. [identified by DOT DMS Docket Number comment on the proposed program with FOR FURTHER INFORMATION CONTACT: FAA–2005–21606] by any of the specific reference to these factors. All Jennifer Mendelsohn, Environmental following methods: comments relating to these factors, other Protection Specialist, AWP–621.6, • Web Site: http://dms.dot.gov. than those properly addressed to local Southern California Standards Section, Follow the instructions for submitting land use authorities, will be considered Federal Aviation Administration, comments on the DOT electronic docket by the FAA to the extent practicable. Western-Pacific Region, P.O. Box 92007, site. Copies of the noise exposure maps and Los Angeles, California 90009–2007, • Fax: 1–202–493–2251. the proposed noise compatibility Telephone: 310/725–3637. Comments • Mail: Docket Management Facility; program are available for examination at on the proposed noise compatibility U.S. Department of Transportation, 400 the following locations: program should also be submitted to the Seventh Street, SW., Nassif Building, Federal Aviation Administration, above office. Room PL–401, Washington, DC 20590– Community and Environmental Needs 001. SUPPLEMENTARY INFORMATION: This Division, APP–600, 800 Independence • notice announces that the FAA is Hand Delivery: Room PL–401 on Avenue, SW., Washington, DC 20591. the plaza level of the Nassif Building, reviewing a proposed noise Federal Aviation Administration, compatibility program for Santa Barbara 400 Seventh Street, SW., Washington, Western-Pacific Region, Airports DC, between 9 am and 5 pm, Monday Airport, which will be approved or Division, Room 3012, 15000 Aviation disapproved on or before January 29, through Friday, except Federal holidays. Boulevard, Hawthorne, CA 90261. Docket: For access to the docket to 2006. This notice also announces the Karen Ramsdell, Airport Director, read background documents or availability of this program for public Santa Barbara Airport, 601 Firestone comments received, go to http:// review and comment. Road, Goleta, CA 93117. dms.dot.gov at any time or to Room PL– An airport operator who has Questions may be directed to the submitted noise exposure maps that are 401 on the plaza level of the Nassif individuals named above under the Building, 400 Seventh Street, SW., found by FAA to be in compliance with FOR FURTHER INFORMATION heading, Washington, DC, between 9 am and 5 the requirements of Federal Aviation CONTACT. Regulations (FAR) part 150, pm, Monday through Friday, except Issued in Hawthorne, California on August Federal holidays. promulgated pursuant to the Act, may 3, 2005. submit a noise compatibility program FOR FURTHER INFORMATION CONTACT: Mark A. McClardy, for FAA approval which sets forth the Kenna Sinclair (425–227–1556), Manager, Airports Division, AWP–600 Transport Airplane Directorate (ANM– measures the operator has taken or Western-Pacific Region. proposes to reduce existing non- 113), Federal Aviation Administration, [FR Doc. 05–16327 Filed 8–16–05; 8:45 am] compatible uses and prevent the 1601 Lind Ave SW., Renton, WA introduction of additional non- BILLING CODE 4910–13–M 98055–4056; or John Linsenmeyer (202– compatible uses. 267–5174), Office of Rulemaking (ARM– 1), Federal Aviation Administration, The FAA has formally received the DEPARTMENT OF TRANSPORTATION noise compatibility program for Santa 800 Independence Avenue, SW., Barbara Airport, effective on August 3, Federal Aviation Administration Washington, DC 20591. 2005. The airport operator has requested Issued in Washington, DC, on August 9, that the FAA review this material and [Summary Notice No. PE–2005–48] 2005. that the noise mitigation measures, to be Petitions for Exemption; Summary of Anthony F. Fazio, implemented jointly by the airport and Petitions Received Director, Office of Rulemaking. surrounding communities, be approved as a noise compatibility program under AGENCY: Federal Aviation Petitions for Exemption section 47504 of the Act. Preliminary Administration (FAA), DOT. Docket No.: FAA–2005–21606.

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Petitioner: Kitty Hawk Aircargo, Inc. (SF) airplanes, use of portable oxygen misleading information, the exemption Section of 14 CFR Affected: 14 CFR bottles in lieu of self-presenting oxygen is void ab initio. Petitions to revoke the 25.807(g)(1), 25.810(a)(1), 25.813(b)(3), masks, and relief from hand hold exemption under 49 U.S.C. 10502(d) and 25.857(e) requirements. may be filed at any time. The filing of Description of Relief Sought: Carriage a petition to revoke will not Partial Grant of Exemption, 07/19/2005, of two supernumeraries on the Exemption No. 8587 automatically stay the transaction. flightdeck of Boeing Model 727–200 An original and 10 copies of all airplanes in a cargo configuration with Docket No.: FAA–2004–18657. pleadings, referring to STB Finance a Class E cargo compartment, and relief Petitioner: The Boeing Company. Docket No. 34740, must be filed with from certain requirements for Sections of 14 CFR Affected: 14 CFR the Surface Transportation Board, 1925 emergency exits. 25.807(c) and 25.857(e). K Street, NW., Washington, DC 20423– Description of Relief Sought/ 0001. In addition, a copy of each [FR Doc. 05–16230 Filed 8–16–05; 8:45 am] Disposition: Carriage of 20 pleading must be served on William A. BILLING CODE 4910–13–P supernumeraries on the upper deck of Mullins, Baker and Miller, PLLC, 2401 Boeing Model 747–400 Special Freighter Pennsylvania Avenue, NW., Suite 300, (SF) airplanes while maintaining a Class Washington, DC 20037. DEPARTMENT OF TRANSPORTATION E cargo compartment on the main deck. Board decisions and notices are Federal Aviation Administration Grant of Exemption, 07/27/2005, available on our Web site at http:// Exemption No. 8590 www.stb.dot.gov. [Summary Notice No. PE–2005–45] [FR Doc. 05–16231 Filed 8–16–05; 8:45 am] Decided: August 10, 2005. Petitions for Exemption; Dispositions BILLING CODE 4910–13–P By the Board, David M. Konschnik, of Petitions Issued Director, Office of Proceedings. Vernon A. Williams, AGENCY: Federal Aviation DEPARTMENT OF TRANSPORTATION Administration (FAA), DOT. Secretary. [FR Doc. 05–16283 Filed 8–16–05; 8:45 am] ACTION: Notice of disposition of prior Surface Transportation Board BILLING CODE 4915–01–P petition. [STB Finance Docket No. 34740]

SUMMARY: Pursuant to FAA’s rulemaking The Kansas City Southern Railway provisions governing the application, Company—Temporary Trackage DEPARTMENT OF VETERANS processing, and disposition of petitions Rights Exemption—Union Pacific AFFAIRS for exemption, part 11 of Title 14, Code Railroad Company of Federal Regulations (14 CFR), this [OMB Control No. 2900–0086] Union Pacific Railroad Company (UP) notice contains the disposition of Agency Information Collection has agreed to grant non-exclusive, certain petitions previously received. Activities Under OMB Review The purpose of this notice is to improve overhead, temporary trackage rights to the public’s awareness of, and The Kansas City Southern Railway AGENCY: Veterans Benefits participation in, this aspect of FAA’s Company (KCS), over a portion of UP’s Administration, Department of Veterans regulatory activities. Neither publication rail line between UP milepost 230.8 Affairs. (UP’s Lufkin Subdivision), in of this notice nor the inclusion or ACTION: Notice. omission of information in the summary Shreveport, LA, and UP milepost 217.4, is intended to affect the legal status of at TRE Junction (UP’s Dallas SUMMARY: In compliance with the any petition or its final disposition. Subdivision), in Dallas, TX, a distance Paperwork Reduction Act (PRA) of 1995 FOR FURTHER INFORMATION CONTACT: of approximately 192 miles. (44 U.S.C. 3501–3521), this notice Kenna Sinclair (425–227–1556), The transaction was scheduled to be announces that the Veterans Benefits consummated on August 4, 2005, and Transport Airplane Directorate (ANM– Administration (VBA), Department of the temporary trackage rights will expire 113), Federal Aviation Administration, Veterans Affairs, has submitted the on or about November 1, 2005. The 1601 Lind Ave SW., Renton, WA collection of information abstracted purpose of the temporary trackage rights 98055–4056; or John Linsenmeyer (202– below to the Office of Management and is to bridge KCS’s trains while KCS’s 267–5174), Office of Rulemaking (ARM– Budget (OMB) for review and comment. main lines are out of service due to 1), Federal Aviation Administration, The PRA submission describes the programmed track, roadbed and 800 Independence Avenue, SW., nature of the information collection and structural maintenance. Washington, DC 20591. its expected cost and burden; it includes As a condition to this exemption, any the actual data collection instrument. Issued in Washington, DC, on August 9, employees affected by the acquisition of 2005. the temporary trackage rights will be DATES: Comments must be submitted on Anthony F. Fazio, protected by the conditions imposed in or before September 16, 2005. Director, Office of Rulemaking. Norfolk and Western Ry. Co.—Trackage FOR FURTHER INFORMATION OR A COPY OF Rights—BN, 354 I.C.C. 605 (1978), as THE SUBMISSION CONTACT: Denise Disposition of Petitions modified in Mendocino Coast Ry., Inc.— McLamb, Records Management Service Docket No.: FAA–2005–21288. Lease and Operate, 360 I.C.C. 653 (005E3), Department of Veterans Affairs, Petitioner: Israel Aircraft Industries, (1980), and any employees affected by 810 Vermont Avenue, NW., Ltd. the discontinuance of those trackage Washington, DC 20420, (202) 273–8030 Sections of 14 CFR Affected: 14 CFR rights will be protected by the or , FAX (202) 273–5981 or e-mail: 25.785(j), 25.857(e), and 25.1447(c)(1). conditions set out in Oregon Short Line [email protected]. Please Description of Relief Sought/ R. Co.—Abandonment—Goshen, 360 refer to ‘‘OMB Control No. 2900–0086.’’ Disposition: Carriage of eight I.C.C. 91 (1979). Send comments and supernumeraries on the upper deck of This notice is filed under 49 CFR recommendations concerning any Boeing Model 747–400 Special Freighter 1180.2(d)(8). If it contains false or aspect of the information collection to

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VA’s Desk Officer, OMB Human DEPARTMENT OF VETERANS OMB Control Number: 2900–0576. Resources and Housing Branch, New AFFAIRS Type of Review: Extension of a Executive Office Building, Room 10235, currently approved collection. [OMB Control No. 2900–0576] Washington, DC 20503 (202) 395–7316. Abstract: Claimants enrolled in a Please refer to ‘‘OMB Control No. 2900– Agency Information Collection correspondence training course 0086’’ in any correspondence. Activities Under OMB Review complete VA Form 22–1999c and submit the form to the correspondence SUPPLEMENTARY INFORMATION: AGENCY: Veterans Benefits school to affirm the enrollment Title: Request for a Certificate of Administration, Department of Veterans agreement contract. The certifying Eligibility for VA Home Loan Benefits, Affairs. official at the correspondence school VA Form 26–1880. ACTION: Notice. submit the form and the enrollment certification to VA for processing. VA OMB Control Number: 2900–0086. SUMMARY: In compliance with the uses the information to determine if the Paperwork Reduction Act (PRA) of 1995 Type of Review: Extension of a claimant signed and dated the form (44 U.S.C. 3501–3521), this notice currently approved collection. during the ten-day reflection period announces that the Veterans Benefits Abstract: The data collected on VA deciding whether to enroll in the Administration (VBA), Department of correspondence course and if such Form 26–1880 is used to determine a Veterans Affairs, has submitted the course is suitable to his or her abilities claimant’s eligibility for home loan collection of information abstracted and interest. In addition, the claimant guaranty benefits. Claimants also use below to the Office of Management and must sign VA Form 22–1999c on or after VA Form 26–1880 to request restoration Budget (OMB) for review and comment. the twelfth day the enrollment of entitlement previously used, or a The PRA submission describes the agreement was dated. VA will not pay duplicate Certificate of Eligibility due to nature of the information collection and educational benefits for correspondence the original being lost or stolen. its expected cost and burden; it includes training that was completed nor accept the actual data collection instrument. An agency may not conduct or the affirmation agreement that was DATES: sponsor, and a person is not required to Comments must be submitted on signed and dated on or before the respond to a collection of information or before September 16, 2005. enrollment agreement date. unless it displays a currently valid OMB FOR FURTHER INFORMATION CONTACT: An agency may not conduct or control number. The Federal Register Denise McLamb, Records Management sponsor, and a person is not required to Notice with a 60-day comment period Service (005E3), Department of Veterans respond to a collection of information soliciting comments on this collection Affairs, 810 Vermont Avenue, NW., unless it displays a currently valid OMB of information was published on Washington, DC 20420, (202) 273–8030, control number. The Federal Register February 15, 2005 at page 7795. FAX (202) 273–5981 or e-mail: Notice with a 60-day comment period Affected Public: Individuals or [email protected]. Please soliciting comments on this collection households. refer to ‘‘OMB Control No. 2900–2900– of information was published on April 0576.’’ 4, 2005 at pages 17145–17146. Estimated Annual Burden: 110,625 Send comments and hours. Affected Public: Individuals or recommendations concerning any households. Estimated Average Burden Per aspect of the information collection to Estimated Annual Burden: 135 hours. Respondent: 15 minutes. VA’s OMB Desk Officer, OMB Human Estimated Average Burden Per Resources and Housing Branch, New Frequency of Response: On occasion. Respondent: 3 minutes. Executive Office Building, Room 10235, Frequency of Response: On occasion. Estimated Number of Respondents: Washington, DC 20503 (202) 395–7316. 442,500. Estimated Number of Respondents: Please refer to ‘‘OMB Control No. 2900– 2,700. Dated: August 9, 2005. 0576’’ in any correspondence. Title: Certificate of Affirmation of Dated: August 9, 2005. By direction of the Secretary. Enrollment Agreement— By direction of the Secretary. Denise McLamb, Correspondence Course (Under Denise McLamb, Program Analyst, Records Management Chapters 20, 32, & 35, Title 38 U.S.C., Program Analyst, Records Management Service. Section 903 of PL 96–342, or Chapter Service. [FR Doc. 05–16235 Filed 8–16–05; 8:45 am] 1606, Title 10, U.S.C.), VA Form 22– [FR Doc. 05–16236 Filed 8–16–05; 8:45 am] BILLING CODE 8320–01–P 1999c. BILLING CODE 8320–01–U

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Part II

Department of Commerce National Oceanic and Atmospheric Administration

Financial Assistance To Establish a New Cooperative Science Center Under NOAA’s Educational Partnership Program (EPP) With Minority Serving Institutions for Scientific Environmental Technology; Notice

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DEPARTMENT OF COMMERCE strongly encouraged to be submitted ocean sciences) to U.S. citizens. Of these through the Grants.gov Web site. graduates, 1708 were African American, National Oceanic and Atmospheric Electronic access to the full funding 1270 were Hispanic, 133 were American Administration announcement for this program is Indian/Alaska Native and 1417 were available via the Grants.gov Web site: Asian/Pacific Islander. The 2004 NSF [Docket No. 030602141–5196–21] http://www.grants.gov. The report states that a total of 474 Ph.D. Financial Assistance To Establish a announcement will also be available at degrees were granted in earth, New Cooperative Science Center the NOAA Web site http:// atmospheric, and ocean sciences. Of Under NOAA’s Educational www.ofa.noaa.gov/%7Eamd/ those earth, atmospheric, and ocean Partnership Program (EPP) With SOLINDEX.HTML or by contacting the sciences graduates, 15 were granted to Minority Serving Institutions for program official identified below. Paper African Americans, 13 to Hispanics, 2 to Scientific Environmental Technology applications (a signed original and two American Indians and Alaskan Natives, copies) should be submitted to the and 10 to Asian/Pacific Islanders. AGENCY: Office of Oceanic and Educational Partnership Program at the Statistics for master’s degrees granted to Atmospheric Research (OAR), National following address: NOAA/OAR/EPP, these four groups are also Oceanic and Atmospheric 1315 East West Highway, Room 10600, disproportionately low. With such a Administration (NOAA), Department of Silver Spring, Maryland 20910. No limited pool of potential minority Commerce. facsimile applications will be accepted. employees trained in NOAA-related ACTION: Notice of criteria for Institutions are encouraged to submit sciences, it is important that NOAA seek establishing a new Cooperative Science Letters of Intent to NOAA/EPP within new ways to make students aware of the Center in Scientific Environmental 30 days of this announcement to aid in mission of the agency and to support Technology at a Minority Serving planning the review processes. Letters activities that increase opportunities for Institution; and, notice of availability of of Intent may be submitted via e-mail to students trained in NOAA-related funds and solicitation for proposals for [email protected]. sciences. these funds. Information should include a general The Center will support activities that description of the Center proposal and strengthen the research capability at the SUMMARY: The purpose of this document participating institutions. selected MSI with accredited programs is to advise the public that NOAA’s FOR FURTHER INFORMATION CONTACT: and degrees in physical sciences, Educational Partnership Program is Jacqueline Rousseau, Program Director including applied physics, applied soliciting proposals to establish a new at (301) 713–9437 ext. 124 or mathematics, computer science Cooperative Science Center at an [email protected]. applications, engineering atmospheric, accredited postsecondary minority SUPPLEMENTARY INFORMATION: oceanic, and environmental and related serving institution (MSI). This Center Summary Description: NOAA is sciences. An essential goal of this will be established as a partnership commitment to the recruitment and program is to seek ways to improve between the institution and NOAA, retention of employees from opportunities for, and retention of, with the goal of expanding the underrepresented communities, trained students and faculty from institution’s training and research in NOAA-related sciences, to conduct underrepresented groups in NOAA- capabilities and supporting the the ongoing mission of the agency. related sciences, at MSIs, with the development of programs compatible Toward that end, the agency established eventual goal of increasing the number with NOAA’s mission. The Cooperative a program aimed at partnering with of students graduating with degrees that Science Center will be established in Minority Serving Institutions (MSIs) will enhance the technologies support of NOAA core science areas and that train and graduate students in the supportive of, and compatible with, will enhance NOAA’s ability to conduct physical sciences and in particular in atmospheric, oceanic, and its mission with enhanced scientific the areas of atmospheric, oceanic and environmental sciences, remote sensing environmental technologies. The Center environmental sciences, and remote and related technologies. The overall will support activities that strengthen sensing. Since approximately 40% of Educational Partnership Program (EPP) the research capabilities at the selected minority students receive their program strategies include: enhanced MSI with accredited programs and undergraduate degrees at MSIs, direct collaborative research, hands-on graduate degrees in physical sciences, collaboration with MSIs is, therefore, an opportunities and research experiences including applied physics, applied effective way to increase the number of for students and faculty with NOAA mathematics, computer science minority students trained and research facilities; strengthening the applications, and atmospheric, oceanic graduating with degrees in NOAA- infrastructure at minority serving and environmental related sciences. The related fields who may become engaged institutions that serve underrepresented Center’s principal academic institution in research and pursue careers groups; and, supporting staff exchanges must be an accredited MSI with a Ph.D. compatible with the agency’s mission. between NOAA and MSIs. A program in one of the key sciences Statistics from the National Science Distinguished Scientist position must be identified in this announcement. Foundation (NSF) Science and created at the Center to develop Proposals will not be accepted from Engineering Indicators 2004 Report significant research projects for the non-profit organizations, foundations, illustrate that the number of minority Center with other EPP Centers, with auxiliary services or any other entity students receiving doctoral and master’s other MSIs, other NOAA science and submitted on behalf of MSIs. degrees in science and engineering for research facilities and relevant agencies. DATES: Applications must be received selected years from 1994–2003, Staff and faculty exchanges will be an by NOAA Educational Partnership continues to be lower than the national integral part of this program and Program (EPP) no later than 2 p.m., local average. The NSF report states, for opportunities will be made available to time 60 days after the publication of this example, that in 2004 (the most recent participate in collaborative research or notice. data available) 26,413 doctoral degrees other agreed upon activities. NOAA ADDRESSES: Applications submitted in were granted in science and engineering expects the Center to develop response to this announcement are (which includes earth, atmospheric, and mechanisms and approaches to increase

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opportunities to make courses and science and engineering will be Universities, and Alaska Native & seminars offered at the Center available beneficial to the nation as a whole, Native Hawaiian Serving Institutions, as to students at other MSIs and partner because NOAA relies on its partnerships identified on the 2004 United States institutions. The Center will also be with state, local and tribal governments, Department of Education, Accredited required to use a minimum of thirty as well as with community interest Postsecondary Minority Institution list percent (30%) of the award for student groups, to accomplish its mission. at http://www.ed.gov/about/offices/list/ support, which includes, but is not ocr/minorityinst2004.pdf, are eligible to Electronic Access limited to, scholarships, fellowships, apply. Proposals will not be accepted travel expenses to professional Applicants can access download and from non-profit organizations, meetings, and for conducting site submit electronic grant applications, foundations, auxiliary services or any research. While the Center will be including the full funding other entity submitted on behalf of established at an MSI, consortia with announcement, for NOAA programs at MSIs. non-minority serving institutions the Grants.gov Web site: http:// Cost Sharing Requirements: None. partners will not be restricted. Private www.grants.gov. The announcement Intergovernmental Review: sector partnerships are also encouraged. will also be available at the NOAA Web Applications under this program are not Proposals for the Scientific site http://www.ofa.noaa.gov/%7Eamd/ subject to Executive Order 12372, Environmental Technology (SET) SOLINDEX.HTML or by contacting the ‘‘Intergovernmental Review of Federal Cooperative Science Center should program official identified above. The Programs.’’ closing date will be the same as for the address the ability to support education Evaluation and Selection Procedures and research in physical and social paper submissions noted in this sciences at an MSI. The physical announcement. NOAA strongly Once an application is received by sciences include but are not limited to, recommends that applicants not wait NOAA, an initial administrative review meteorological and oceanographic until the application deadline date to is conducted to determine compliance sensor and satellite telecommunications begin the application process through with requirements and completeness of technologies, remote sensing, and Grants.gov. the application. All applications that observational and information If Internet access is unavailable, hard meet the requirements and are complete technology systems, applied copies of proposals will also be will be evaluated and scored mathematics, applied physics and accepted—a signed original and two individually in accordance with the computer applications and engineering. copies at time of submission. This assigned weights of the evaluation For the purposes of this program includes color or high-resolution criteria by an independent peer review Scientific Environmental Technology graphics, unusually sized materials, or panel. Both Federal and non-Federal includes an emphasis on the following: otherwise unusual materials submitted experts in the field may be used in the meteorological sensors (wind, visibility, as part of the proposal. For color process. Each peer panel reviewer will humidity, etc.), oceanographic sensors graphics, submit either color originals or score proposals on a scale of five to one, (wave, water quality, microwave color copies. Facsimile transmissions where scores represent respectively: altimeters, beacons, navigational, etc.), and electronic mail submission of full Excellent (5), Very Good (4), Good (3), airborne and ship based observing proposals will not be accepted. Fair (2), Poor (1). The peer review panel systems, chemical observations, Funding Availability: This solicitation will be comprised of 5 to 7 individuals, observational and information announces that funding up to $2 million with each individual having expertise in technology systems (satellite will be available in FY 2006, with a a separate area, so that the panel, as a telecommunications, maximum of $12.5 million over a five whole, covers a range of scientific telecommunications, data collection (5) year period, subject to expertise. packages, modems, drivers, protocols, appropriations. Applications in excess The individual peer panelist scores etc.). Scientific Environmental of $2 million in the first year will not shall be averaged for each application Technology also includes the analysis of be considered. It is anticipated that the and presented to the Program Officer. global observing systems, including funding instrument will be a No consensus advice will be given by simulations to determine the role of cooperative agreement since NOAA will the independent peer the review panel. each observing subsystem, be substantially involved in developing The Program Officer will neither vote determination of optimal mixes of research priorities, conducting nor score proposals as part of the observing systems, and the costs cooperative activities with recipients, independent peer panel nor participate associated with various observing exchanging staff and providing in discussion of the merits of the systems. internship opportunities for students at proposal. Those proposals receiving an Graduates must be able to carry out a MSIs. Only one award will be made to average panel score of ‘‘Good’’, ‘‘Fair’’, variety of tasks including: establish a Scientific Environmental or ‘‘Poor’’ will not be given further Understanding meteorological and Cooperative Science Center. consideration, and applicants will be oceanographic needs; identifying Authorities: 15 U.S.C. 1540, 49 U.S.C. notified of non-selection. For the potential sensor, observational, and 44720, 33 U.S.C. 883d, 33 U.S.C. 1442, 16 proposals receiving an average score of information technologies; developing U.S.C. 1854(e), 16 U.S.C. 661, 16 U.S.C. either ‘‘Excellent’’ or ‘‘Very Good, the sensor; observational, and information 753(a), 16 U.S.C. 1451 et seq., 16 U.S.C. 1431, Program Officer will (a) rank the technology systems; testing and 33 U.S.C. 883a and Executive Orders 12876, proposals by average panel ratings, and/ evaluating meteorological and/or 12900, 13021, 13336, and 13339. or by applying the project selection oceanographic systems. NOAA Catalog of Federal Domestic factors listed below; (b) determine the anticipates that as the EPP program Assistance: 11.481—Educational total duration of funding for the selected becomes more established and more Partnership Program with Minority proposal; and (c) determine the amount minority students graduate in NOAA- Serving Institutions. of funds available for the selected related sciences, the agency will have a Eligibility: For the purposes of this proposal subject to the availability of larger pool of candidates from which to program, Historically Black Colleges fiscal year funds. A recommendation for hire. An increase in the number of and Universities, Hispanic Serving funding is then forwarded to the students trained and graduating in Institutions, Tribal Colleges and selecting official, the Deputy Assistant

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Administrator (DAA) of OAR, for the 2. Balance/distribution of funds: impacts of their proposal. The failure to final funding decision. In making the a. Geographically. do so shall be grounds for not selecting final selection, the DAA will award in b. By type of institutions. an application. In some cases if rank order unless the selected proposal c. By type of partners. additional information is required after is justified to be selected out of rank d. By research areas. an application is selected, funds can be order based on the selection factors e. By project types. withheld by the Grants Officer under a 3. Whether this project duplicates listed below. special award condition requiring the other projects funded or considered for Investigators may be asked to modify recipient to submit additional funding by NOAA or other federal objectives, work plans or budgets, and environmental compliance information agencies. provide supplemental information sufficient to enable NOAA to make an required by the agency prior to the 4. Program priorities and policy factors set forth in sections I.A. and B. assessment on any impacts that a project award. When a decision has been made may have on the environment. (whether an award or declination), and IV.B. of the Full Funding verbatim anonymous copies of reviews Opportunity. Pre-Award Notification Requirements and summaries of review panel 5. Applicant’s prior award for Grants and Cooperative Agreements deliberations, if any, will be made performance. available to the applicant upon 6. Partnerships and/or Participation of The Department of Commerce Pre- applicant request. Declined applications targeted groups Award Notification Requirements for will be held in the NOAA EPP for the 7. Adequacy of information necessary Grants and Cooperative Agreements required 3 years in accordance with the for NOAA to make a NEPA contained in the Federal Register notice current retention requirements, and determination and draft necessary of December 30, 2004 (69 FR 78389) are then destroyed. documentation before recommendations applicable to this solicitation. Evaluation Criteria: Proposals will be for funding are made to the Grants Limitation of Liability evaluated on the basis of the following Officer. evaluation criteria at the indicated National Environmental Policy Act In no event will NOAA or the weights: (NEPA) Department of Commerce be responsible (1) Importance and/or relevance and for proposal preparation costs if these applicability of proposed project to the NOAA must analyze the potential environmental impacts, as required by programs fail to receive funding or are program goals. This ascertains whether cancelled because of other agency there is intrinsic value in the proposed the National Environmental Policy Act (NEPA), for applicant projects or priorities. Publication of this work and/or relevance to NOAA, announcement does not oblige NOAA to Federal, regional, state, or local proposals which are seeking NOAA Federal funding opportunities. Detailed award any specific project or to obligate activities (25 percent). any available funds. Recipients and sub- (2) Technical/scientific merit: This information on NOAA compliance with recipients are subject to all Federal laws assesses whether the approach is NEPA can be found at the following and agency policies, regulations and technically sound and/or innovative, if NOAA NEPA Web site: http:// procedures applicable to Federal the methods are appropriate, and www.nepa.noaa.gov/, including our financial assistance awards. whether there are clear project goals and NOAA Administrative Order 216–6 for NEPA, http://www.nepa.noaa.gov/ objectives (25 percent). _ _ Paperwork Reduction Act (3) Overall qualifications of NAO216 6 TOC.pdf, and the Council applicants: This ascertains whether the on Environmental Quality This notification involves collection- applicant possesses the necessary implementation regulations, http:// of-information requirements subject to education, experience, training, ceq.eh.doe.gov/nepa/regs/ceq/ the Paperwork Reduction Act. The use _ facilities, and administrative resources toc ceq.htm. of Standard Forms 424, 424A, 424B, and to accomplish the project, including a Consequently, as part of an SF–LLL and CD–346 has been approved PhD program in the core science area applicant’s package, and under their by the Office of Management and (10 percent): description of their program activities, Budget (OMB) under control numbers (4) Project costs: The Budget is applicants are required to provide 0348–0043, 0348–0044, 0348–0040 and evaluated to determine if it is realistic detailed information on the activities to 0348–0046 and 0605–0001. and commensurate with the project be conducted, locations, sites, species Notwithstanding any other provision of needs and time-frame (10 percent): and habitat to be affected, possible law, no person is required to respond to, (5) Outreach and education: NOAA construction activities, and any nor shall any person be subject to a assesses whether this project provides a environmental concerns that may exist penalty for failure to comply with, a focused and effective education and (e.g., the use and disposal of hazardous collection of information subject to the outreach strategy regarding NOAA’s or toxic chemicals, introduction of non- requirements of the PRA unless that mission to protect the Nation’s natural indigenous species, impacts to collection of information displays a resources. (30 percent): endangered and threatened species, currently valid OMB control number. Selection Factors: The merit review aquaculture projects, and impacts to ratings shall provide a rank order to the coral reef systems). In addition to Executive Order 12866 Selecting Official for final funding providing specific information that will recommendation. A program officer may serve as the basis for any required It has been determined that this notice first make a recommendation to the impact analyses, applicants may also be is not significant for purposes of Selecting Official applying the selection requested to assist NOAA in drafting of Executive Order 12866. factors below. The Selecting Official an environmental assessment, if NOAA Executive Order 13132 (Federalism) shall award in the rank order unless the determines an assessment is required. proposal is justified to be selected out Applicants will also be required to It has been determined that this notice of rank order based upon one or more cooperate with NOAA in identifying does not contain policies with of the following factors: feasible measures to reduce or avoid any Federalism implications as that term is 1. Availability of funding. identified adverse environmental defined in Executive Order 13132.

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Administrative Procedure Act/ are not required pursuant to 5 U.S.C. Federalism implications as that term is Regulatory Flexibility Act 553 or any other law, the analytical defined in Executive Order 13132. Prior notice and an opportunity for requirements of the Regulatory Dated: August 10, 2005. Flexibility Act (5 U.S.C. 601 et seq.) are public comment are not required by the Louisa Koch, Administrative Procedure Act or any inapplicable. Therefore, a regulatory Deputy Assistant Administrator for NOAA other law for rules concerning public flexibility analysis has not been Research. property, loans, grants, benefits, and prepared, and none has been prepared. contracts (5 U.S.C. 553(a)(2)). Because It has been determined that this notice [FR Doc. 05–16246 Filed 8–16–05; 8:45 am] notice and opportunity for comments does not contain policies with BILLING CODE 3510–KD–P

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Reader Aids Federal Register Vol. 70, No. 158 Wednesday, August 17, 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. 391...... 48238 Presidential Documents 3 CFR 416...... 47147 Executive orders and proclamations 741–6000 Proclamations: 417...... 47147 The United States Government Manual 741–6000 7916...... 46401 590...... 48238 Executive Orders: 592...... 48238 Other Services 13222 (See Notice of Electronic and on-line services (voice) 741–6020 August 2, 2005) ...... 45273 10 CFR Privacy Act Compilation 741–6064 Administrative Orders: 110...... 46066 Public Laws Update Service (numbers, dates, etc.) 741–6043 Memorandums: 170...... 46265 TTY for the deaf-and-hard-of-hearing 741–6086 Memorandum of July 171...... 46265 4, 2005 ...... 44041 1303...... 47079 Memorandums of July ELECTRONIC RESEARCH Proposed Rules: 30, 2005 ...... 46741 20...... 45571 World Wide Web Memorandum of 32...... 45571 Full text of the daily Federal Register, CFR and other publications August 5, 2005...... 46397 51...... 47148, 48329 is located at: http://www.gpoaccess.gov/nara/index.html Presidential 150...... 45571 Determination: Federal Register information and research tools, including Public No. 2005-31 of August 12 CFR Inspection List, indexes, and links to GPO Access are located at: 2, 2005 ...... 46395 11...... 46403 http://www.archives.gov/federallregister/ Notices: 25...... 44256 E-mail Notice of August 2, 201...... 48269 2005 ...... 45273 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 226...... 46066 228...... 44256 an open e-mail service that provides subscribers with a digital 5 CFR form of the Federal Register Table of Contents. The digital form 229...... 47085 213...... 44219 of the Federal Register Table of Contents includes HTML and 335...... 44270 315...... 44219 PDF links to the full text of each document. 345...... 44256 337...... 44847 Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select 370...... 47711 Ch. I ...... 46779 Online mailing list archives, FEDREGTOC-L, Join or leave the list 576...... 46065 Ch. II ...... 46779 (or change settings); then follow the instructions. Proposed Rules: Ch. III ...... 46779 PENS (Public Law Electronic Notification Service) is an e-mail 591...... 44976 Ch. V...... 46779 service that notifies subscribers of recently enacted laws. 1201...... 48081 4...... 45323 2634...... 47138 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 19...... 45323 263...... 45323 and select Join or leave the list (or change settings); then follow 7 CFR the instructions. 264a...... 45323 1...... 47077 308...... 45323 FEDREGTOC-L and PENS are mailing lists only. We cannot 247...... 47052 330...... 45571 respond to specific inquiries. 301 ...... 44222, 45523, 46065 336...... 45323 Reference questions. Send questions and comments about the 400...... 44222 363...... 44293 Federal Register system to: [email protected] 916...... 44243 507...... 45323 917...... 44243 The Federal Register staff cannot interpret specific documents or 509...... 45323 923...... 44249 regulations. 946...... 44252 13 CFR 996...... 44043 Ch. III...... 47002, 47049 FEDERAL REGISTER PAGES AND DATE, AUGUST Proposed Rules: 82...... 44525 14 CFR 44041–44218...... 1 762...... 46779, 47730 23...... 44463, 45275 44219–44462...... 2 920...... 48082 36...... 45502 44463–44846...... 3 1755...... 45314 39 ...... 44046, 44273, 44274, 44847–45272...... 4 44276, 45526, 46067, 46069, 45273–45522...... 5 9 CFR 46072, 46074, 46076, 46743, 45523–46064...... 8 77...... 47078 46747, 46752, 46754, 47086, 46065–46402...... 9 78...... 47078 47716, 47720, 47722 46403–46740...... 10 Proposed Rules: 61...... 45264 46741–47076...... 11 3...... 45322 71 ...... 44465, 45275, 45527, 47077–47710...... 12 101...... 48325 46078, 46754, 48057, 48238 73...... 44466, 45528 47711–48056...... 15 116...... 48325 304...... 47147 95...... 44278 48057–48268...... 16 308...... 47147 97...... 47090 48269–48472...... 17 310...... 47147 257...... 44848 320...... 47147 1260...... 46079 327...... 47147 Proposed Rules: 381...... 47147 25 ...... 46099, 46100, 46102,

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46104, 46106, 46108, 46110, 46758, 47108, 47109 242...... 46795 43 CFR 54...... 47109 46112, 46113, 46115, 46785 1011...... 44870 39...... 44512 39 ...... 44297, 45581, 45585, Proposed Rules: 1260...... 47161 1820...... 45312 45587, 45590, 45592, 45595, 1...... 44535, 47155 46437, 43439, 46788, 46790, 41...... 47160 37 CFR 44 CFR 48084, 48085, 48333, 48336, 48...... 47160 201...... 44049 67...... 47128, 47129 48339 145...... 47160 Proposed Rules: 71 ...... 44300, 44533, 44868, Proposed Rules: 202...... 44878 67...... 47166 44869, 45599 27 CFR 93...... 45250 Proposed Rules: 39 CFR 45 CFR 9...... 47740 15 CFR 3001...... 48276 1611...... 45545 29 CFR 3002...... 48276 4...... 47725 3003...... 48276 46 CFR 738...... 45276 1601...... 47127, 47128 4022...... 47725 501...... 44866 740...... 45276 40 CFR 502...... 44866 745...... 45276 4044...... 47725 51...... 44470 Proposed Rules: 772...... 45276 Proposed Rules: 52 ...... 44052, 44055, 44478, 389...... 47771 774...... 45276 1910...... 44074 44481, 44852, 44855, 45539, 531...... 45626 801...... 48270 30 CFR 45542, 46090, 46770, 46772, 47 CFR 16 CFR 5...... 46336 48073, 48078, 48277, 48280, 15...... 46336 48283, 48285, 48287 2...... 46576 Proposed Rules: 62...... 46773 25...... 46576 803...... 47733 18...... 46336 19...... 46336 63...... 44285, 46684 51...... 48290 17 CFR 20...... 46336 81...... 44470, 48238 73 ...... 44513, 44514, 44515, 22...... 46336 180 ...... 44483, 44488, 44492, 44516, 44517, 44518, 44519, 200...... 44722 23...... 46336 44857, 46410, 46419, 46428, 44520, 46576, 48291, 48292, 228...... 44722, 46080 27...... 46336 46706 48293, 48294 229...... 44722, 46080 28...... 46336 258...... 44150 76...... 48295 230...... 44722 33...... 46336 260...... 45508 90...... 46576 239...... 44722 35...... 46336 261 ...... 44150, 44496, 45508 97...... 46576 240 ...... 44722, 46080, 46089 36...... 46336 264...... 44150, 45508 Proposed Rules: 242...... 45529 265...... 45508 1...... 44537 243...... 44722 Proposed Rules: 5...... 46345 268...... 44505, 45508 73 ...... 44537, 44542, 44543, 249...... 44722 270...... 45508 48357, 48358, 48359, 48360, 274...... 44722 15...... 46345 18...... 46345 273...... 45508 48361, 48362 18 CFR 19...... 46345 300...... 44063 Proposed Rules: 48 CFR 35...... 47093 20...... 46345 22...... 46345 Ch. I ...... 46444 52...... 46776 19 CFR 23...... 46345 155...... 48356 Proposed Rules: 27...... 46345 26...... 46448 204...... 46807 Proposed Rules: 28...... 46345 51...... 44154 235...... 46807 101...... 47151 33...... 46345 52 ...... 44075, 44537, 45607, 246...... 44077 351...... 47738 35...... 46345 46126, 46127, 46448, 46798, 252...... 44077, 46807 47757, 48093, 48238 20 CFR 36...... 46345 60...... 45608 49 CFR Proposed Rules: 31 CFR 62...... 46798 390...... 48008 404...... 46792, 48342 537...... 48240 63 ...... 45608, 46452, 46701 392...... 48008 416...... 46792 136...... 48256 393...... 48008 32 CFR 180...... 45625 541...... 46092 21 CFR 706 ...... 46758, 46759, 46761, 271...... 46799 551...... 45565 179...... 48057 46762, 46763, 46765, 46766 300...... 44076, 45334 571 ...... 44520, 46431, 47131, 510...... 48272 806b...... 46405 420...... 46459 48295, 48313 520...... 44048 Proposed Rules: 586...... 46431 522...... 48272 174...... 46116 42 CFR Proposed Rules: 524...... 44719 175...... 46116 405...... 47278 571...... 46807, 48362 556...... 44048 176...... 46116 409...... 45026 558...... 44049 581...... 44536 411...... 45026 50 CFR 1240...... 48073 412...... 47278, 47880 17 ...... 46304, 46366, 46924 1301...... 47094 33 CFR 413...... 47278 18...... 48321 100 ...... 44470, 45531, 46405 415...... 47278 100...... 46768 22 CFR 117 ...... 44852, 45534, 45535, 418...... 45130 229...... 44289 Proposed Rules: 45536, 48273 419...... 47278 622...... 48323 62...... 47152 165 ...... 44470, 45531, 45537, 422...... 47278 648...... 44066, 44291 46407, 48274 424...... 45026 660 ...... 44069, 44070, 44072, 24 CFR Proposed Rules: 485...... 47278 47727 Proposed Rules: 100...... 47160 489...... 45026 679 ...... 44523, 46097, 46098, 200...... 45492 110...... 45607 Proposed Rules: 46436, 46776, 46777, 47728 206...... 45498 117 ...... 46441, 48088, 48091, 402...... 44879 Proposed Rules: 290...... 45492 48354 405...... 45764 17 ...... 44078, 44301, 44544, 410...... 45764 44547, 46387, 46465, 46467, 36 CFR 25 CFR 411...... 45764 48093, 48094 542...... 47097 242...... 46768 413...... 45764 20...... 44200, 45336 1191...... 45283 414...... 45764 100...... 46795 26 CFR Proposed Rules: 426...... 45764 300...... 47774 1 ...... 44467, 45529, 45530, 111...... 47754 483...... 47759 600...... 47777

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648...... 45628 660 ...... 47777, 47781, 47782 679...... 45638

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REMINDERS California; comments due by published 7-25-05 [FR Contractor insurance/pension The items in this list were 8-26-05; published 6-27- 05-14604] reviews; comments due editorially compiled as an aid 05 [FR 05-12623] Magnuson-Stevens Act by 8-22-05; published 6- to Federal Register users. Apricots grown in— provisions— 21-05 [FR 05-12097] Inclusion or exclusion from Washington; comments due National standard Describing agency needs; this list has no legal by 8-26-05; published 6- guidelines; comments comments due by 8-22- significance. 27-05 [FR 05-12620] due by 8-22-05; 05; published 6-21-05 [FR Avocados grown in— published 6-22-05 [FR 05-12098] 05-11978] Pilot Mentor-Protege RULES GOING INTO Florida; comments due by 8-23-05; published 6-24- Marine mammals: Program; Open for EFFECT AUGUST 17, comments until further 05 [FR 05-12616] Commercial fishing 2005 notice; published 12-15-04 authorizations; incidental Cotton classing, testing and [FR 04-27351] standards: taking— COMMERCE DEPARTMENT Federal Acquisition Regulation Classification services to Atlantic Large Whale Take National Oceanic and (FAR): growers; 2004 user fees; Reduction Plan; Atmospheric Administration Past performance evaluation Open for comments until comments due by 8-22- of orders; comments due Fishery conservation and further notice; published 05; published 7-13-05 by 8-22-05; published 6- management: 5-28-04 [FR 04-12138] [FR 05-13795] 21-05 [FR 05-12183] Caribbean, Gulf, and South Potatoes (Irish) grown in— Taking and importation— Atlantic fisheries— EDUCATION DEPARTMENT Colorado; comments due by BP Exploration; Beaufort Gulf of Mexico reef fish; 8-26-05; published 6-27- Sea, AK; offshore oil Grants and cooperative published 7-18-05 05 [FR 05-12619] and gas facilities; agreements; availability, etc.: Gulf of Mexico reef fish; construction and Vocational and adult published 8-17-05 AGRICULTURE education— DEPARTMENT operation; comments FEDERAL RESERVE due by 8-24-05; Smaller Learning Forest Service SYSTEM published 7-25-05 [FR Communities Program; Extensions of credit by Oil and gas operations: 05-14620] Open for comments Onshore Federal and Indian until further notice; Federal Reserve Banks COMMERCE DEPARTMENT (Regulation A): oil and gas leases; published 2-25-05 [FR Patent and Trademark Office Primary and secondary approval of operations E5-00767] credit— (Order No.1); comments Practice and procedure: ENERGY DEPARTMENT Rates; increase approval; due by 8-26-05; published Chemical and three- Meetings: 7-27-05 [FR 05-14103] dimensional biological published 8-17-05 Environmental Management structural data in HEALTH AND HUMAN AGRICULTURE Site-Specific Advisory electronic format; SERVICES DEPARTMENT DEPARTMENT Board— Farm Service Agency acceptance, processing, Food and Drug use and dissemination; Oak Ridge Reservation, Special programs: Administration comments due by 8-22- TN; Open for comments Animal drugs, feeds, and Interest Assistance Program; 05; published 6-21-05 [FR until further notice; related products: comments due by 8-22- 05-12199] published 11-19-04 [FR 05; published 6-22-05 [FR 04-25693] Phenylbutazone; published Patent search fee refund 05-12316] 8-17-05 provision changes; ENERGY DEPARTMENT Sponsor name and address AGRICULTURE implementation; comments Energy Efficiency and changes— DEPARTMENT due by 8-22-05; published Renewable Energy Office Peptech, Animal Health Natural Resources 6-21-05 [FR 05-12198] Commercial and industrial Pty., Ltd.; published 8- Conservation Service CONSUMER PRODUCT equipment; energy efficiency 17-05 Reports and guidance SAFETY COMMISSION program: PERSONNEL MANAGEMENT documents; availability, etc.: Flammable Fabrics Act: Test procedures and OFFICE efficiency standards— National Handbook of Mattresses and Mattress Commercial packaged Acquisition regulations: Conservation Practices; and foundation sets; boilers; Open for Federal Employees Group Open for comments until flammability (open flame) comments until further Life Insurance— further notice; published standard; comments due notice; published 10-21- Administrative policy, 5-9-05 [FR 05-09150] by 8-22-05; published 6- 04 [FR 04-17730] practices, and clarifying COMMERCE DEPARTMENT 23-05 [FR 05-12387] ENERGY DEPARTMENT language changes; Industry and Security COURT SERVICES AND published 7-18-05 Bureau OFFENDER SUPERVISION Federal Energy Regulatory TRANSPORTATION Chemical Weapons AGENCY FOR THE Commission DEPARTMENT Convention Regulations: DISTRICT OF COLUMBIA Electric rate and corporate regulation filings: Federal Aviation Small business entities; Semi-annual agenda; Open for Administration economic impact; comments until further Virginia Electric & Power Airworthiness directives: comments due by 8-22- notice; published 12-22-03 Co. et al.; Open for Hartzell Propeller Inc.; 05; published 7-21-05 [FR [FR 03-25121] comments until further published 7-13-05 05-14441] notice; published 10-1-03 DEFENSE DEPARTMENT [FR 03-24818] COMMERCE DEPARTMENT Acquisition regulations: Electric utilities (Federal Power COMMENTS DUE NEXT National Oceanic and Combating trafficking in Act): Atmospheric Administration WEEK persons; comments due Public utilities including Fishery conservation and by 8-22-05; published 6- regional transmission AGRICULTURE management: 21-05 [FR 05-12099] organizations; accounting DEPARTMENT Caribbean, Gulf, and South Construction contracting; and financial reporting Agricultural Marketing Atlantic fisheries— comments due by 8-22- requirements; comments Service 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]

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ENVIRONMENTAL Technological Advisory Evaluating safety of (Order No.1); comments PROTECTION AGENCY Council; Open for antimicrobial new animal due by 8-26-05; published Air quality implementation comments until further drugs with regard to their 7-27-05 [FR 05-14103] plans; approval and notice; published 3-18-05 microbiological effects on INTERIOR DEPARTMENT [FR 05-05403] bacteria of human health promulgation; various Fish and Wildlife Service Common carrier services: concern; Open for States: Endangered and threatened Indiana; comments due by Interconnection— comments until further notice; published 10-27-03 species permit applications 8-24-05; published 7-25- Incumbent local exchange Recovery plans— 05 [FR 05-14600] carriers unbounding [FR 03-27113] Paiute cutthroat trout; New Jersey; comments due obligations; local Medical devices— competition provisions; Dental noble metal alloys Open for comments by 8-22-05; published 7- until further notice; 21-05 [FR 05-14406] wireline services and base metal alloys; offering advanced Class II special published 9-10-04 [FR New York; comments due telecommunications controls; Open for 04-20517] by 8-22-05; published 7- capability; Open for comments until further Endangered and threatened 21-05 [FR 05-14407] comments until further notice; published 8-23- species: Environmental statements; notice; published 12-29- 04 [FR 04-19179] Findings on petitions, etc.— availability, etc.: 04 [FR 04-28531] HOMELAND SECURITY California spotted owl; Coastal nonpoint pollution Wireless telecommunications DEPARTMENT comments due by 8-22- control program— services— Coast Guard 05; published 6-21-05 Minnesota and Texas; Commercial Spectrum [FR 05-11938] Anchorage regulations: Open for comments Enhancement Act LIBRARY OF CONGRESS until further notice; implementation; Maryland; Open for comments until further Copyright Office, Library of published 10-16-03 [FR competitive bidding Congress 03-26087] rules modernization; notice; published 1-14-04 Copyright office and comments due by 8-26- [FR 04-00749] Pesticides; tolerances in food, procedures: animal feeds, and raw 05; published 7-27-05 Regattas and marine parades: Preregistration of certain agricultural commodities: [FR 05-14840] Cambridge Offshore Challenge, Choptank unpublished copyright Cyhexatin; comments due FEDERAL MARITIME claims; comments due by by 8-26-05; published 7- COMMISSION River, MD; comments due by 8-26-05; published 7- 8-22-05; published 7-22- 27-05 [FR 05-14738] Ocean shipping in foreign 05 [FR 05-14516] commerce: 27-05 [FR 05-14754] Trifloxystrobin; comments LIBRARY OF CONGRESS due by 8-23-05; published Non-vessel-operating Strait Thunder Race; 6-24-05 [FR 05-12447] common carrier service comments due by 8-26- Copyright Royalty Board, 05; published 6-27-05 [FR Library of Congress Solid wastes: arrangements; comments 05-12648] Sound recordings use under Municipal solid waste landfill due by 8-23-05; published 8-8-05 [FR 05-15641] Sunset Lake Hydrofest, NJ; statutory licenses; notice permit programs— and recordkeeping; GENERAL SERVICES comments due by 8-26- Indiana; comments due by comments due by 8-26-05; ADMINISTRATION 05; published 7-27-05 [FR 8-25-05; published 7-26- 05-14755] published 7-27-05 [FR 05- 05 [FR 05-14734] Federal Acquisition Regulation 14872] (FAR): Rulemaking petitions: Superfund program: NATIONAL AERONAUTICS Past performance evaluation Fall River, MA; marine spills AND SPACE National oil and hazardous of orders; comments due of liquefied natural gas; ADMINISTRATION substances contingency by 8-22-05; published 6- comments due by 8-22- plan priorities list; 21-05 [FR 05-12183] 05; published 6-23-05 [FR Federal Acquisition Regulation comments due by 8-25- Federal Management 05-12399] (FAR): 05; published 7-26-05 [FR Regulation: Past performance evaluation 05-14608] HOMELAND SECURITY Transportation management DEPARTMENT of orders; comments due Water pollution control: by 8-22-05; published 6- and transportation Federal Emergency 21-05 [FR 05-12183] National Pollutant Discharge payment and audit; data Management Agency Elimination System— collection standards and Assistance Program Under the NUCLEAR REGULATORY Concentrated animal reporting requirements; 9/11 Heroes Stamp Act of COMMISSION feeding operations in comments due by 8-22- 2001; comments due by 8- Environmental statements; New Mexico and 05; published 6-22-05 [FR 25-05; published 7-26-05 availability, etc.: Oklahoma; general 05-12282] [FR 05-14517] Fort Wayne State permit for discharges; HEALTH AND HUMAN HOUSING AND URBAN Developmental Center; Open for comments SERVICES DEPARTMENT Open for comments until until further notice; DEVELOPMENT Food and Drug DEPARTMENT further notice; published published 12-7-04 [FR Administration 5-10-04 [FR 04-10516] 04-26817] Grants and cooperative Color additives: agreements; availability, etc.: Spent nuclear fuel and high- Water pollution; effluent Mica-based pearlescent level radioactive waste; Homeless assistance; guidelines for point source pigments; comments due independent storage; excess and surplus categories: by 8-22-05; published 7- licensing requirements: Federal properties; Open Meat and poultry products 22-05 [FR 05-14457] for comments until further Approved spent fuel storage processing facilities; Open Listing of color additives casks; list; comments due for comments until further notice; published 8-5-05 exempt from certification: [FR 05-15251] by 8-24-05; published 7- notice; published 9-8-04 Tomato Lycopene extract 25-05 [FR 05-14568] INTERIOR DEPARTMENT [FR 04-12017] and tomato lycopene Spent nuclear fuel and high- FEDERAL concentrate; comments Land Management Bureau level radioactive waste; COMMUNICATIONS due by 8-25-05; published Oil and gas operations: independent storage; COMMISSION 7-26-05 [FR 05-14631] Onshore Federal and Indian licensing requirements: Committees; establishment, Reports and guidance oil and gas leases; Approved spent fuel storage renewal, termination, etc.: documents; availability, etc.: approval of operations casks; list; comments due

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by 8-24-05; published 7- published 7-6-05 [FR 05- with ‘‘PLUS’’ (Public Laws ‘‘Congresswoman Shirley A. 25-05 [FR 05-14567] 13266] Update Service) on 202–741– Chisholm Post Office SMALL BUSINESS TRANSPORTATION 6043. This list is also Building’’. (Aug. 2, 2005; 119 ADMINISTRATION DEPARTMENT available online at http:// Stat. 459) www.archives.gov/ Disaster loan areas: National Highway Traffic S. 775/P.L. 109–51 federal—register/public—laws/ Maine; Open for comments Safety Administration To designate the facility of the public—laws.html. until further notice; Motor vehicle safety United States Postal Service published 2-17-04 [FR 04- standards: The text of laws is not located at 123 W. 7th Street 03374] Designated seating positions published in the Federal in Holdenville, Oklahoma, as Register but may be ordered the ‘‘Boone Pickens Post STATE DEPARTMENT and seat belt assembly anchorages; comments in ‘‘slip law’’ (individual Office’’. (Aug. 2, 2005; 119 Visas; nonimmigrant and pamphlet) form from the Stat. 460) immigrant documentation: due by 8-22-05; published 6-22-05 [FR 05-12240] Superintendent of Documents, S. 904/P.L. 109–52 Unlawful voters; comments U.S. Government Printing TRANSPORTATION To designate the facility of the due by 8-22-05; published Office, Washington, DC 20402 DEPARTMENT United States Postal Service 6-21-05 [FR 05-12219] (phone, 202–512–1808). The Pipeline and Hazardous located at 1560 Union Valley OFFICE OF UNITED STATES text will also be made Materials Safety Road in West Milford, New TRADE REPRESENTATIVE available on the Internet from Administration Jersey, as the ‘‘Brian P. Trade Representative, Office GPO Access at http:// Parrello Post Office Building’’. Pipeline safety: of United States www.gpoaccess.gov/plaws/ (Aug. 2, 2005; 119 Stat. 461) Gas pipelines; polyamide-11 index.html. Some laws may Generalized System of plastic pipe use; not yet be available. H.R. 3045/P.L. 109–53 Preferences: comments due by 8-22- Dominican Republic-Central 2003 Annual Product 05; published 6-22-05 [FR H.R. 3423/P.L. 109–43 America-United States Free Review, 2002 Annual 05-12356] Medical Device User Fee Trade Agreement Country Practices Review, Stabilization Act of 2005 (Aug. Implementation Act (Aug. 2, TREASURY DEPARTMENT and previously deferred 1, 2005; 119 Stat. 439) 2005; 119 Stat. 462) Internal Revenue Service product decisions; H.R. 38/P.L. 109–44 H.R. 2361/P.L. 109–54 petitions disposition; Open Income taxes: Upper White Salmon Wild and for comments until further Department of the Interior, Attained age of the insured Scenic Rivers Act (Aug. 2, notice; published 7-6-04 Environment, and Related under section 7702; 2005; 119 Stat. 443) Agencies Appropriations Act, [FR 04-15361] comments due by 8-24- H.R. 481/P.L. 109–45 2006 (Aug. 2, 2005; 119 Stat. TRANSPORTATION 05; published 5-24-05 [FR 499) DEPARTMENT 05-10166] Sand Creek Massacre National Historic Site Trust Act H.R. 2985/P.L. 109–55 Federal Aviation Dual consolidated losses; of 2005 (Aug. 2, 2005; 119 Administration comments due by 8-22- Legislative Branch Stat. 445) Appropriations Act, 2006 (Aug. Airworthiness directives: 05; published 5-24-05 [FR 05-10160] H.R. 541/P.L. 109–46 2, 2005; 119 Stat. 565) Aerospatiale; comments due To direct the Secretary of S. 45/P.L. 109–56 by 8-22-05; published 7- Partnership equity for Agriculture to convey certain 21-05 [FR 05-14393] services; comments due To amend the Controlled by 8-22-05; published 5- land to Lander County, Substances Act to lift the Agusta S.p.A.; comments 24-05 [FR 05-10164] Nevada, and the Secretary of patient limitation on due by 8-23-05; published the Interior to convey certain prescribing drug addiction 6-24-05 [FR 05-12419] Qualified intellectual property contributions; information land to Eureka County, treatments by medical Boeing; comments due by returns by donees; cross- Nevada, for continued use as practitioners in group 8-22-05; published 7-6-05 reference; comments due cemeteries. (Aug. 2, 2005; practices, and for other [FR 05-13222] by 8-22-05; published 5- 119 Stat. 448) purposes. (Aug. 2, 2005; 119 Cessna; comments due by 23-05 [FR 05-10228] H.R. 794/P.L. 109–47 Stat. 591) 8-22-05; published 6-21- Safe harbor for valuation Colorado River Indian S. 1395/P.L. 109–57 05 [FR 05-12149] under section 475; Reservation Boundary Controlled Substances Export General Electric Co.; comments due by 8-22- Correction Act (Aug. 2, 2005; Reform Act of 2005 (Aug. 2, comments due by 8-22- 05; published 5-24-05 [FR 119 Stat. 451) 2005; 119 Stat. 592) 05; published 6-21-05 [FR 05-10167] H.R. 1046/P.L. 109–48 05-12173] Last List August 2, 2005 Section 367 stock transfers To authorize the Secretary of Lycoming; comments due by involving foreign the Interior to contract with 8-22-05; published 7-22- corporations in the city of Cheyenne, 05 [FR 05-14575] transactions governed by Public Laws Electronic Wyoming, for the storage of Notification Service McDonnell Douglas; section 304; comments the city’s water in the comments due by 8-22- due by 8-23-05; published Kendrick Project, Wyoming. (PENS) 05; published 7-8-05 [FR 5-25-05 [FR 05-10267] (Aug. 2, 2005; 119 Stat. 455) 05-13436] Section 752 assumption of H.J. Res. 59/P.L. 109–49 PENS is a free electronic mail partner liabilities; cross Sikorsky; comments due by Expressing the sense of notification service of newly reference; comments due 8-22-05; published 6-23- Congress with respect to the enacted public laws. To by 8-24-05; published 5- 05 [FR 05-12417] women suffragists who fought subscribe, go to http:// 26-05 [FR 05-10265] Turbomeca, S.A.; comments for and won the right of listserv.gsa.gov/archives/ due by 8-23-05; published women to vote in the United publaws-l.html 6-24-05 [FR 05-12415] States. (Aug. 2, 2005; 119 LIST OF PUBLIC LAWS Note: This service is strictly Stat. 457) Airworthiness standards: for E-mail notification of new Class E airspace; comments This is a continuing list of S. 571/P.L. 109–50 laws. The text of laws is not due by 8-26-05; published public bills from the current To designate the facility of the available through this service. 7-12-05 [FR 05-13661] session of Congress which United States Postal Service PENS cannot respond to Area navigation routes; have become Federal laws. It located at 1915 Fulton Street specific inquiries sent to this comments due by 8-22-05; may be used in conjunction in Brooklyn, New York, as the address.

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