12–7–06 Vol. 71 No. 235 Thursday Dec. 7, 2006 Pages 70851–71036

12–7–06 Thursday Vol. 71 No. 235 Dec. 7, 2006

Pages 70851–71036

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Contents Federal Register Vol. 71, No. 235

Thursday, December 7, 2006

Agency for International Development Polaroid Corp., 70988 PROPOSED RULES Research Triangle Institute, 70988 Federal Acquisition Regulation (FAR): Rhodes Technologies, 70988 Mentor-Protege Program Roche Diagnostics Operations Inc., 70988–70989 Correction, 70939 Sigma Aldrich Manufacturing LLC., 70989 Sigma Aldrich Research BioChemicals, Inc., 70989–70990 Agriculture Department Stepan Co., 70990 See Forest Service Wildlife Laboratories, Inc., 70990

Alcohol, Tobacco, Firearms, and Explosives Bureau Employee Benefits Security Administration NOTICES NOTICES Agency information collection activities; proposals, Employee benefit plans; class exemptions: submissions, and approvals, 70984 Multiple Employer Welfare Arrangements annual report; 2006 Form M-1 availability, 70991–70992 Centers for Disease Control and Prevention Employee benefit plans; individual exemptions: NOTICES Kaiser Aluminum Corp., 70992–70996 Meetings: National Center for Environmental Health/Agency for Environmental Protection Agency Toxic Substances and Disease Registry— RULES Scientific Counselors Board, 70967 Air quality implementation plans; approval and promulgation; various States: Centers for Medicare & Medicaid Services Delaware, 70883–70885 NOTICES South Carolina, 70880–70883 Privacy Act; systems of records, 70967–70972 PROPOSED RULES Air quality implementation plans; approval and Children and Families Administration promulgation; various States; air quality planning NOTICES purposes; designation of areas: Agency information collection activities; proposals, Michigan, 70915–70930 submissions, and approvals, 70972 Air quality implementation plans; approval and promulgation; various States: Civil Rights Commission Delaware, 70914–70915 NOTICES South Carolina, 70914 Meetings; Sunshine Act, 70947 Executive Office for Immigration Review Coast Guard RULES RULES Immigration Appeals Board; composition of board and Drawbridge operations: temporary board members, 70855–70857 Arkansas, 70877–70880 Executive Office of the President Commerce Department See Presidential Documents See Foreign-Trade Zones Board See International Trade Administration Federal Aviation Administration See National Oceanic and Atmospheric Administration RULES Airworthiness directives: Defense Department Airbus, 70862–70868 PROPOSED RULES Boeing, 70857–70862 Federal Acquisition Regulation (FAR): Gulfstream, 70868–70870 Section 104 of the Energy Policy Act of 2005; PROPOSED RULES implementation, 70937–70939 Airworthiness directives: EADS SOCATA, 70908–70909 Drug Enforcement Administration Class D airspace, 70909–70911 NOTICES Class E airspace, 70911–70912 Applications, hearings, determinations, etc.: Applied Science Labs, 70985 Federal Communications Commission Cayman Chemical Co., 70985 RULES Cedarburg Pharmaceuticals, Inc., 70985 Frequency allocations and radio treaty matters: Lin Zhi International Inc., 70986 Broadband access, educational and other advanced Lipomed Inc., 70986 services in the 2150-2162 and 2500-2690, etc., 70906 MGI Pharma, 70986–70987 Orasure Technologies, Inc., 70987 Federal Election Commission Organix Inc., 70987 NOTICES Penick Corp., 70987–70988 Meetings; Sunshine Act, 70965

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Federal Emergency Management Agency Housing and Urban Development Department RULES NOTICES Flood elevation determinations: Agency information collection activities; proposals, Kentucky, 70904–70906 submissions, and approvals, 70976–70977 Various States, 70885–70904 PROPOSED RULES Interior Department Flood elevation determinations: See Land Management Bureau Various States, 70930–70937 See Minerals Management Service See National Park Service Federal Maritime Commission NOTICES Internal Revenue Service Complaints filed: RULES R.O. White & Co., Inc., et al., 70965–70966 Income taxes: Credit for increasing research activities Food and Drug Administration Correction, 70875 RULES Foreign tax expenditures; partner’s distributive share Administrative rulings and decisions: Correction, 70877 Ozone-depleting substances use; essential-use Income attributable to domestic production activities; designations; removed, 70870–70873 deduction Color additives: Correction, 70876–70877 Certification services fee increase, 70873–70875 Stock transfer rules; carryover of tax attributes PROPOSED RULES Correction, 70875–70876 Administrative rulings and decisions: Ozone-depleting substances use; designations; removed, International Trade Administration 70912–70914 NOTICES NOTICES Antidumping: Agency information collection activities; proposals, Canned pineapple fruit from— submissions, and approvals, 70972–70973 Thailand, 70948–70949 Withdrawn, 70973 Cased pencils from— Foreign Assets Control Office China, 70949–70956 Foundry coke from— NOTICES China, 70956–70957 Sanctions; blocked persons,specially designated nationals, Non-malleable cast iron pipe fitting from— terrorists, and narcotics traffickers, and foreign terrorist China, 70957–70958 organizations: Polyethylene terephthalate film, sheet, and strip from— Unblocking of specially designated individuals, 71028– Korea, 70958–70959 71029 Stainless steel bar from— Foreign-Trade Zones Board Japan, 70959–70960 NOTICES Countervailing duties: Applications, hearings, determinations, etc.: Hot-rolled carbon steel flat products from— Texas Various countries, 70960–70962 Motorola, Inc., 70947–70948 Tariff rate quotas: Worsted wool fabrics, 70962–70963 Forest Service NOTICES International Trade Commission Environmental statements; notice of intent: NOTICES Lassen National Forest, CA, 70946–70947 Import investigations: Switches and products containing same, 70983–70984 General Services Administration PROPOSED RULES Justice Department Federal Acquisition Regulation (FAR): See Alcohol, Tobacco, Firearms, and Explosives Bureau Section 104 of the Energy Policy Act of 2005; See Drug Enforcement Administration implementation, 70937–70939 See Executive Office for Immigration Review See Justice Programs Office Health and Human Services Department See Centers for Disease Control and Prevention Justice Programs Office See Centers for Medicare & Medicaid Services NOTICES See Children and Families Administration Agency information collection activities; proposals, See Food and Drug Administration submissions, and approvals, 70990–70991 See National Institutes of Health NOTICES Labor Department Scientific misconduct findings; administrative actions: See Employee Benefits Security Administration Blaisdell, Jennifer, 70966–70967 Land Management Bureau Homeland Security Department NOTICES See Coast Guard Oil and gas leases: See Federal Emergency Management Agency Wyoming, 70977

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Minerals Management Service Presidential Documents NOTICES PROCLAMATIONS Royalty management: Special observances: Marginal properties; accounting and auditing relief; National Drunk and Drugged Driving Prevention Month participating States; list, 70978 (Proc. 8088), 70851–70852 National Pearl Harbor Remembrance Day (Proc. 8089), National Aeronautics and Space Administration 70853–70854 PROPOSED RULES EXECUTIVE ORDERS Federal Acquisition Regulation (FAR): Defense and national security: Section 104 of the Energy Policy Act of 2005; Surface transportation security; strengthening efforts (EO implementation, 70937–70939 13416), 71031–71035

National Highway Traffic Safety Administration Securities and Exchange Commission NOTICES NOTICES Agency information collection activities; proposals, Self-regulatory organizations; proposed rule changes: submissions, and approvals, 71024–71026 American Stock Exchange LLC, 71000 Boston Stock Exchange, Inc., 71000–71002 National Institutes of Health Chicago Stock Exchange, Inc., 71002–71006 NOTICES International Securities Exchange, LLC, 71006–71007 Meetings: New York Stock Exchange LLC, 71007–71013 National Cancer Institute, 70973–70974 Philadelphia Stock Exchange, Inc., 71013–71015 National Heart, Lung, and Blood Institute, 70974 National Human Genome Research Institute, 70974– Small Business Administration 70975 NOTICES National Institute of Mental Health, 70975 Disaster loan areas: National Institute on Deafness and Other Communication Alabama, 71015 Disorders, 70975–70976 Massachusetts, 71015 National Institute on Drug Abuse, 70975 National Library of Medicine, 70976 State Department National Oceanic and Atmospheric Administration NOTICES RULES Cultural property: Fishery conservation and management: Cyprus; pre-classical and classical archaeological objects Northeastern United States fisheries— and Byzantine period ethnological materials; import Atlantic bluefish, 70906–70907 restrictions; memorandum of understanding, 71015– PROPOSED RULES 71016 Fishery conservation and management: Peru; archaeological material from Pre-Hispanic cultures Alaska; fisheries of Exclusive Economic Zone— and ethnological material from Colonial period; Bering Sea and Aleutian Islands pacific cod, 70943– import restrictions; memorandum of understanding, 70945 71016 West Coast States and Western Pacific fisheries— Grants and cooperative agreements; availability, etc.: Coastal pelagic species, 70941–70943 Fusion Arts Exchange Programs, 71016–71022 Highly migratory species, 70939–70941 Meetings: NOTICES Cultural Property Advisory Committee, 71022–71023 Endangered and threatened species: Recovery plans— Surface Transportation Board Hawaiian monk seal; correction, 70964–70965 NOTICES Endangered and threatened species permit applications, Railroad operation, acquisition, construction, etc.: 70963 American Premier Underwriters, Inc., et al, 71026–71027 Meetings: Small coastal shark 2007 stock assessment data Tennessee Valley Authority workshop, 70965 NOTICES Environmental statements; notice of intent: National Park Service Watts Bar Nuclear Plant Unit 2, AL; completion, 71023– NOTICES 71024 Native American human remains, funerary objects; inventory, repatriation, etc.: Transportation Department Peabody Museum of Archaeology and Ethnology, Harvard See Federal Aviation Administration University, Cambridge, MA, 70980–70982 See National Highway Traffic Safety Administration Correction, 70979–70980 See Surface Transportation Board Applications, hearings, determinations, etc.: Commnet Four Corners, LLC, 70978–70979 Treasury Department See Foreign Assets Control Office Nuclear Regulatory Commission See Internal Revenue Service NOTICES NOTICES Environmental statements; availability, etc.: Agency information collection activities; proposals, Nuclear Management Co., LLC, 70996–70997 submissions, and approvals, 71027 Environmental statements; notice of intent: Committees; establishment, renewal, termination, etc.: Wolf Creek Nuclear Operating Corp., 70997–70999 Bank Secrecy Act Advisory Group, 71027–71028

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Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, Separate parts In This Issue and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents Part II LISTSERV electronic mailing list, go to http:// Executive Office of the President, Presidential Documents, listserv.access.gpo.gov and select Online mailing list 71031–71035 archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 8088...... 70851 8089...... 70853 Executive Orders: 12866 (See EO 13416) ...... 71033 13416...... 71033 8 CFR 1003...... 70855 14 CFR 39 (5 documents) ...... 70857, 70860, 70862, 70865, 70868 Proposed Rules: 39...... 70908 71 (2 documents) ...... 70909, 70911 21 CFR 2...... 70870 80...... 70873 Proposed Rules: 2...... 70912 26 CFR 1 (4 documents) ...... 70875, 70877 33 CFR 117...... 70877 40 CFR 52 (2 documents) ...... 70880, 70883 Proposed Rules: 52 (3 documents) ...... 70914, 70915 81...... 70915 44 CFR 65...... 70885 67 (2 documents) ...... 70894, 70904 Proposed Rules: 67...... 70930 47 CFR 27...... 70906 48 CFR Proposed Rules: 23...... 70937 36...... 70937 52...... 70937 719...... 70939 50 CFR 648...... 70906 Proposed Rules: 660 (2 documents) ...... 70939, 70941 679...... 70943

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Federal Register Presidential Documents Vol. 71, No. 235

Thursday, December 7, 2006

Title 3— Proclamation 8088 of December 1, 2006

The President National Drunk and Drugged Driving Prevention Month, 2006

By the President of the United States of America

A Proclamation Each year, thousands of Americans lose their lives in accidents involving drunk and drugged driving. During National Drunk and Drugged Driving Prevention Month, we continue our efforts to promote awareness of the dangers of impaired driving and encourage fellow citizens to never drive under the influence of alcohol or drugs. All Americans can play an important role in preventing drunk and drugged driving. Family members can discuss the dangers of impaired driving; businesses, schools, and organizations in our communities can help spread the message of awareness; and individuals can help protect family and friends by identifying a designated driver. During the holiday season, it is especially important to encourage responsible driving and to help ensure the safety of friends and loved ones. My Administration is committed to saving lives by stopping drunk and drugged drivers before they put themselves and others at risk. We continue to work with communities across our Nation to increase public awareness and prevention of this serious offense. The Department of Transportation’s National Highway Traffic Safety Administration has partnered with State and local law enforcement agencies to carry out the campaign, ‘‘Drunk Driving. Over the Limit. Under Arrest.’’ This program aims to keep impaired drivers off our Nation’s roads by creating new public education programs and toughening enforcement. The Office of National Drug Control Policy works to warn young drivers and their parents about the dangers of driving under the influence of drugs. My Administration is also supporting community and faith-based programs that encourage others to avoid the devastating consequences of impaired driving. Every person has a responsibility to drive free of alcohol and drugs and to insist that friends and family do the same. By helping fight drunk and drugged driving, Americans everywhere can save lives and send a strong message that driving under the influence is not acceptable. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim December 2006 as National Drunk and Drugged Driving Prevention Month. I encourage all Americans to make responsible decisions and to help prevent drunk and drugged driving.

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IN WITNESS WHEREOF, I have hereunto set my hand this first day of December, in the year of our Lord two thousand six, and of the Independence of the United States of America the two hundred and thirty-first.

[FR Doc. 06–9607 Filed 12–6–06; 8:45 am] Billing code 3195–01–P

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Federal Register Presidential Documents Vol. 71, No. 235

Thursday, December 7, 2006

Title 3— Proclamation 8089 of December 1, 2006

The President National Pearl Harbor Remembrance Day, 2006

By the President of the United States of America

A Proclamation Sixty-five years ago, more than 2,400 Americans lost their lives in a surprise attack on Pearl Harbor. On National Pearl Harbor Remembrance Day, we think of those who died on December 7, 1941, and honor all those who sacrificed for our liberty during World War II. On that peaceful Sunday morning, our country suffered a vicious, unprovoked attack that changed the course of history. Though our Pacific Fleet was nearly destroyed, our citizens were inspired by the great acts of heroism from those who survived and from those who did not. In the days that followed, our grief turned to resolution, and America embarked on a mission to defeat two of the most ruthless regimes the world has ever known. We pledge to always remember the character and sacrifice of the brave individuals at Pearl Harbor. Their selfless service helped deliver a great victory for the cause of freedom and, ultimately, transformed adversaries into the closest of friends. After the devastating attacks on Pearl Harbor, President Franklin D. Roosevelt declared, ‘‘We are going to win the war and we are going to win the peace that follows.’’ In the 21st century, freedom is again under attack, and young Americans have stepped forward to serve in a global war on terror that will secure our liberty and determine the destiny of millions around the world. Like generations before, we will answer history’s call with confidence, confront threats to our way of life, and build a more peaceful world for our children and grandchildren. The Congress, by Public Law 103–308, as amended, has designated December 7 of each year as ‘‘National Pearl Harbor Remembrance Day.’’ NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim December 7, 2006, as National Pearl Harbor Remembrance Day. I encourage all Americans to observe this solemn occasion with appropriate ceremonies and activities. I urge all Federal agencies, interested organizations, groups, and individuals to fly the flag of the United States at half-staff this December 7 in honor of those who died as a result of their service at Pearl Harbor.

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[FR Doc. 06–9609 Filed 12–6–06; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 71, No. 235

Thursday, December 7, 2006

This section of the FEDERAL REGISTER Review (EOIR) at [email protected] or issues, and the requirements of the contains regulatory documents having general by using the www.regulations.gov existing and projected caseload.’’ Id. at applicability and legal effect, most of which comment form for this regulation. When 54893. The Department specifically are keyed to and codified in the Code of submitting comments electronically, noted that reducing the size of the Board Federal Regulations, which is published under you must include RIN No. 1125–AA57 to 11 members ‘‘should increase the 50 titles pursuant to 44 U.S.C. 1510. in the subject box. coherence of Board decisions and The Code of Federal Regulations is sold by FOR FURTHER INFORMATION CONTACT: facilitate the en banc process, thereby the Superintendent of Documents. Prices of Kevin Chapman, Acting General improving the value of Board new books are listed in the first FEDERAL Counsel, Executive Office for precedents.’’ Id. at 54894. The REGISTER issue of each week. Immigration Review, 5107 Leesburg commentary concluded that the Pike, Suite 2600, Falls Church, Virginia Attorney General would consider 22041; telephone (703) 305–0470 (not a reevaluating the staffing requirements of DEPARTMENT OF JUSTICE toll free call). the Board in the future in light of SUPPLEMENTARY INFORMATION: changing caseloads and legal Executive Office for Immigration requirements. Id. at 54893. Review I. Number of Board Members The streamlining changes brought much needed efficiency to the review 8 CFR Part 1003 On January 9, 2006, the Attorney General directed the Deputy Attorney process, enabling the Board to eliminate [EOIR Docket No. 158I; AG Order No. 2848– General and Associate Attorney General its backlog and provide the parties with 2006] to conduct a comprehensive review of a final decision in a more timely fashion. The Attorney General has RIN 1125–AA57 the Immigration Courts and the Board of Immigration Appeals (Board). This concluded, however, that some Board of Immigration Appeals: review was undertaken in response to adjustments to the Board’s streamlining Composition of Board and Temporary concerns about the quality of decisions practices are now appropriate in order to improve the quality of the Board’s Board Members being issued by the immigration judges and the Board and reports of review of complex or problematic cases. AGENCY: Accordingly, in his August 9, 2006, Executive Office for intemperate behavior on the part of directive, the Attorney General has Immigration Review, Department of some immigration judges. Justice. On August 9, 2006, the Attorney instructed the Board to encourage the ACTION: Interim rule with request for General announced that the review was increased use of one-member written comments. complete, and that he was directing that opinions to address poor or intemperate a series of measures be taken to improve immigration judge decisions, allow the SUMMARY: This interim rule amends the limited use of three-member written adjudications by the immigration judges Executive Office for Immigration opinions to provide greater legal and the Board. One of these was a Review (EOIR) regulations relating to analysis in a small class of particularly directive to the Director of the Executive the organization of the Board of complex cases, and to publish more Office of Immigration Review to Immigration Appeals (Board) by adding three-member panel decisions as increase the number of Board members four Board member positions, thereby precedent decisions.1 The Attorney from 11 to 15. This rule carries out that expanding the Board to 15 members. General recognizes that these changes directive by revising the third sentence This rule also expands the list of will affect the workload of the Board of 8 CFR 1003.1(a)(1) (leaving the persons eligible to serve as temporary members by resulting in more detailed remainder of paragraph (a)(1) Board members to include senior EOIR one-member orders and more three- unchanged). attorneys with at least ten years of member orders. An increase in the The size of the Board was last set experience in the field of immigration number of Board members is therefore through rules promulgated in 2002 to law. warranted to put the Board in the best improve case management. See 67 FR DATES: Effective date: This rule is position to implement these changes. 54878–01 (Aug. 26, 2002); 8 CFR Moreover, the Board has seen its effective December 7, 2006. Written 1003.1(a), (d), (e) and (g). Those rules, filings increase from 35,000 appeals and comments must be submitted on or among other provisions, expanded the motions in FY 2002 to 42,700 in FY before February 5, 2007. use of affirmances without opinion and 2005. The Attorney General anticipates ADDRESSES: Please submit written instituted single Board member review that more immigration judges will be comments to Kevin Chapman, Acting of additional cases. At that time the needed to handle a further increase in General Counsel, Executive Office for Department also determined that a caseloads at the Immigration Courts, Immigration Review, 5107 Leesburg reduction in the number of Board which will in turn result in an increase Pike, Suite 2600, Falls Church, Virginia, members was appropriate, and that the in appeals. The current caseload is 22041. To ensure proper handling, number of Board members should be set extremely burdensome and may become please reference RIN No. 1125–AA57 or at 11. See 67 FR at 54893–94. The overwhelming in the future for a Board EOIR docket number 158I on your Department reached this conclusion of 11 members. correspondence. You may view an based upon ‘‘the historic capacity of At the same time, experience suggests electronic version of this proposed rule appellate courts and administrative that if the Board becomes too large, it at www.regulations.gov. You may also appellate bodies to adjudicate the law in comment via the Internet to the a cohesive manner, the ability of 1 The precise scope of these changes will be Executive Office for Immigration individuals to reach consensus on legal specified in a separate rulemaking.

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will have considerably more difficulty are co-located with the Board, other law, to publish general notice of fulfilling its responsibility of providing minimizing expense and disruption, proposed rule making for any proposed coherent direction with respect to the and allowing them to assume their new rule.’’ 5 U.S.C. 603(a). RFA analysis is immigration laws. Keeping in mind the duties immediately upon designation. not required when a rule is exempt from goal of maintaining cohesion and the This change will accordingly expand notice and comment rulemaking under ability to reach consensus, but the pool of available candidates to 5 U.S.C. 553(b). This rule is exempt recognizing the challenges the Board provide a modicum of additional from notice and comment rulemaking. faces in light of its current and flexibility in making these Therefore, no RFA analysis under 5 anticipated caseload, the Attorney appointments. U.S.C. 603 is required for this rule. General has determined that four This change serves a similar function C. Unfunded Mandates Reform Act of members should be added to the Board to a provision that at one time 1995 at this time. authorized the Chief Attorney Examiner II. Temporary Board Members to serve as a temporary Board member This rule will not result in the in exigent circumstances. Since the expenditure by State, local and tribal The rules at 8 CFR 1003.1(a)(4) allow position of Chief Attorney Examiner no the Director of EOIR to designate governments, in the aggregate, or by the longer exists, that particular provision is private sector, of $100 million or more immigration judges, retired Board no longer included in the current rules, members, retired immigration judges, in any one year, and it will not but this rule similarly authorizes a significantly or uniquely affect small and administrative law judges employed senior and highly experienced EOIR within, or retired from, EOIR to act as governments. Therefore, no actions were attorney to serve as a temporary Board deemed necessary under the provisions temporary Board members. These member. In order to allow greater provisions offer a mechanism through of the Unfunded Mandates Reform Act flexibility, the rule does not specify of 1995. which the Department can provide the particular titles or job descriptions. Board temporary assistance without Instead, this rule simply authorizes the D. Small Business Regulatory changing the number of Board members. Director, with the approval of the Enforcement Fairness Act of 1996 This is an appropriate means of Deputy Attorney General, to designate This rule is not a major rule as responding to an unanticipated increase one or more senior EOIR attorneys with defined by section 251 of the Small or temporary surge in the number, size, at least ten years of experience in the Business Regulatory Enforcement Act of or type of cases, and other short-term field of immigration law to serve as a 1996, 5 U.S.C. 804. This rule will not circumstances that might impair the temporary Board member. result in an annual effect on the Board’s ability to adjudicate cases in a This rule also amends the current rule economy of $100 million or more; a manner that is both timely and fair. to state explicitly that temporary Board major increase in costs or prices; or Temporary Board members appointed members have the authority of a through this process do not participate significant adverse effects on permanent Board member, with the in en banc Board proceedings, so these competition, employment, investment, exception that a temporary Board provisions also offer the Department a innovation, or on the ability of United member may not vote in en banc mechanism through which it can States-based companies to compete with proceedings. temporarily increase the Board’s foreign-based companies in domestic Because this is a rule of internal reviewing capacity without impairing and export markets. agency organization, notice and its ability to review cases en banc as comment are not required prior to its permanently expanding the Board E. Executive Order 12866 (Regulatory promulgation. The Department is beyond a certain number would be Planning and Review) nonetheless promulgating it as an likely to do. The Board is presently interim rule with opportunity for post- The Department does not consider being assisted by three immigration promulgation comment in order to this rule to be a ‘‘significant regulatory judges whom the Director has action’’ under Executive Order 12866, designated through this mechanism. provide an opportunity for public comment before it issues a final rule on section 3(f), Regulatory Planning and This rule enhances the utility of the Review. temporary appointment authority by these matters. making an additional category of people Regulatory Requirements F. Executive Order 13132 (Federalism) eligible to serve as temporary Board members. It amends 8 CFR 1003.1(a)(4) A. Administrative Procedure Act This rule will not have substantial to allow the Director, with the approval Compliance with 5 U.S.C. 553 as to direct effects on the States, on the of the Deputy Attorney General, to notice of proposed rulemaking or relationship between the National designate senior EOIR attorneys with at delayed effective date is unnecessary as Government and the States, or on the least ten years of experience in the field this rule addresses only internal agency distribution of power and of immigration law to serve for up to six organization and management. responsibilities among the various months in this capacity. Because Accordingly, it is not a ‘‘rule’’ as that levels of government. Therefore, in immigration judges generally are term is used by the Congressional accordance with section 6 of Executive already required to handle an Review Act (Subtitle E of the Small Order 13132, this rule does not have exceptionally large caseload, Business Regulatory Enforcement sufficient federalism implications to designation of immigration judges to sit Fairness Act of 1996 (SBREFA)), and the warrant preparation of a federalism on the Board as temporary Board reporting requirement of 5 U.S.C. 801 summary impact statement. members is not always practical. In does not apply. G. Executive Order 12988 (Civil Justice addition to taking immigration judges Reform) away from their dockets, their B. Regulatory Flexibility Act designation can result in significant The Regulatory Flexibility Act (RFA) This rule has been prepared in agency expenses, including travel and mandates that an agency conduct an accordance with the standards in housing. By contrast, many senior EOIR RFA analysis when an agency is sections 3(a) and 3(b)(2) of Executive attorneys with 10 years of experience ‘‘required by section 553 * * *, or any Order 12988.

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H. Paperwork Reduction Act member to adjudicate assigned cases, ADDRESSES: You may examine the AD This rule does not create any except that temporary Board members docket on the Internet at http:// information collection requirement. shall not have the authority to vote on dms.dot.gov or in person at the Docket any matter decided by the Board en Management Facility, U.S. Department List of Subjects in 8 CFR Part 1003 banc. of Transportation, 400 Seventh Street, Administrative practice and * * * * * SW., Nassif Building, Room PL–401, procedure, Aliens, Immigration, Legal Dated: November 30, 2006. Washington, DC. services, Organization and functions Contact Boeing Commercial Alberto R. Gonzales, Airplanes, P.O. Box 3707, Seattle, (Government agencies). Attorney General. n Washington 98124–2207, for service Accordingly, for the reasons stated in [FR Doc. E6–20720 Filed 12–6–06; 8:45 am] the preamble, chapter V of title 8 of the information identified in this AD. BILLING CODE 4410–30–P Code of Federal Regulations is amended FOR FURTHER INFORMATION CONTACT: Ivan as follows: Li, Aerospace Engineer, Airframe Branch, ANM–120S, FAA, Seattle PART 1003—EXECUTIVE OFFICE FOR DEPARTMENT OF TRANSPORTATION Aircraft Certification Office, 1601 Lind IMMIGRATION REVIEW Avenue, SW., Renton, Washington Federal Aviation Administration 98057–3356; telephone (425) 917–6437; n 1. The authority citation for part 1003 fax (425) 917–6590. is revised to read as follows: 14 CFR Part 39 SUPPLEMENTARY INFORMATION: Authority: 5 U.S.C. 301; 6 U.S.C. 521; 8 [Docket No. FAA–2006–25327; Directorate U.S.C. 1101, 1103, 1154, 1155, 1158, 1182, Identifier 2006–NM–116–AD; Amendment Examining the Docket 1226, 1229, 1229a, 1229b, 1229c, 1231, 39–14842; AD 2006–09–06 R1] You may examine the AD docket on 1254a, 1255, 1324d, 1330, 1361, 1362; 28 RIN 2120–AA64 the Internet at http://dms.dot.gov or in U.S.C. 509, 510, 1746; sec. 2 Reorg. Plan No. person at the Docket Management 2 of 1950; 3 CFR, 1949–1953 Comp., p. 1002; section 203 of Pub. L. 105–100, 111 Stat. Airworthiness Directives; Boeing Facility office between 9 a.m. and 5 2196–200; sections 1506 and 1510 of Pub. L. Model 747–100, 747–100B, 747–100B p.m., Monday through Friday, except 106–386, 114 Stat. 1527–29, 1531–32; section SUD, 747–200B, 747–300, 747–400, Federal holidays. The Docket 1505 of Pub. L. 106–554, 114 Stat. 2763A– 747–400D, and 747SR Series Airplanes Management Facility office (telephone 326 to –328. (800) 647–5227) is located on the plaza AGENCY: Federal Aviation level of the Nassif Building at the street n 2. Section 1003.1 is amended by Administration (FAA), Department of address stated in the ADDRESSES section. revising paragraphs (a)(1) and (a)(4) to Transportation (DOT). read as follows: ACTION: Final rule. Discussion The FAA proposed to amend part 39 § 1003.1 Organization, jurisdiction, and SUMMARY: The FAA is revising an of the Federal Aviation Regulations (14 powers of the Board of Immigration existing airworthiness directive (AD) CFR part 39) with an airworthiness Appeals. that applies to certain Boeing Model directive (AD) to revise AD 2006–09–06, (a)(1) Organization. There shall be in 747–100, 747–100B, 747–100B SUD, amendment 39–14576 (71 FR 25926, the Department of Justice a Board of 747–200B, 747–300, 747–400, 747– May 3, 2006). The existing AD applies Immigration Appeals, subject to the 400D, and 747SR series airplanes. That to certain Boeing Model 747–100, 747– general supervision of the Director, AD currently requires repetitive 100B, 747–100B SUD, 747–200B, 747– Executive Office for Immigration inspections to detect cracking of certain 300, 747–400, 747–400D, and 747SR Review (EOIR). The Board members lower lobe fuselage frames, and repair if series airplanes. The proposed AD was shall be attorneys appointed by the necessary. This new AD specifies published in the Federal Register on Attorney General to act as the Attorney appropriate service information for July 13, 2006 (71 FR 39600) to require General’s delegates in the cases that certain corrective actions. This AD repetitive inspections to detect cracking come before them. The Board shall results from reports indicating that of certain lower lobe fuselage frames, consist of 15 members. A vacancy, or fatigue cracks were found in lower lobe and repair if necessary, and to specify the absence or unavailability of a Board frames on the left side of the fuselage. appropriate service information for member, shall not impair the right of the We are issuing this AD to detect and certain corrective actions. remaining members to exercise all the correct fatigue cracking of certain lower powers of the Board. lobe fuselage frames, which could lead Comments * * * * * to fatigue cracks in the fuselage skin, We provided the public the (4) Temporary Board members. The and consequent rapid decompression of opportunity to participate in the Director may in his discretion designate the airplane. development of this AD. We have immigration judges, retired Board DATES: The effective date of this AD is considered the comments received. members, retired immigration judges, June 7, 2006. and administrative law judges employed On June 7, 2006 (71 FR 25926, May Support for the Proposed AD within, or retired from, EOIR to act as 3, 2006), the Director of the Federal Boeing supports the proposed AD. temporary Board members for terms not Register approved the incorporation by to exceed six months. In addition, with reference of Boeing Alert Service Request To Change Incorporation of the approval of the Deputy Attorney Bulletin 747–53A2408, Revision 1, Certain Information General, the Director may designate one dated April 4, 2002. The Modification and Replacement or more senior EOIR attorneys with at On May 5, 1999 (64 FR 15298, March Parts Association (MARPA) states that, least ten years of experience in the field 31, 1999), the Director of the Federal typically, airworthiness directives are of immigration law to act as temporary Register approved the incorporation by based on service information originating Board members for terms not to exceed reference of Boeing Alert Service with the type certificate holder or its six months. A temporary Board member Bulletin 747–53A2408, dated April 25, suppliers. MARPA adds that shall have the authority of a Board 1996. manufacturer service documents are

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privately authored instruments requirements mandated by this AD. rules on aviation safety. Subtitle I, generally having copyright protection Further, we point out that while Section 106, describes the authority of against duplication and distribution. documents that are incorporated by the FAA Administrator. Subtitle VII, MARPA notes that when a service reference do become public information, Aviation Programs, describes in more document is incorporated by reference they do not lose their copyright detail the scope of the Agency’s into a public document, such as an protection. For that reason, we advise authority. airworthiness directive, it loses its the public to contact the manufacturer We are issuing this rulemaking under private, protected status and becomes a to obtain copies of the referenced the authority described in Subtitle VII, public document. MARPA adds that if service information. Part A, Subpart III, Section 44701, a service document is used as a Additionally, we do not publish ‘‘General requirements.’’ Under that mandatory element of compliance, it service documents in DMS. We are section, Congress charges the FAA with should not simply be referenced, but currently reviewing our practice of promoting safe flight of civil aircraft in should be incorporated into the publishing proprietary service air commerce by prescribing regulations regulatory document; by definition, information. Once we have thoroughly for practices, methods, and procedures public laws must be public, which examined all aspects of this issue, and the Administrator finds necessary for means they cannot rely upon private have made a final determination, we safety in air commerce. This regulation writings. MARPA is concerned that the will consider whether our current is within the scope of that authority failure to incorporate essential service practice needs to be revised. However, because it addresses an unsafe condition information could result in a court we consider that to delay this AD action that is likely to exist or develop on decision invalidating the AD. for that reason would be inappropriate, products identified in this rulemaking MARPA adds that incorporated by since we have determined that an action. reference service documents should be unsafe condition exists and that the made available to the public by requirements in this AD must be Regulatory Findings publication in the Docket Management accomplished to ensure continued We have determined that this AD will System (DMS), keyed to the action that safety. Therefore, we have not changed not have federalism implications under incorporates them. MARPA notes that the AD in this regard. Executive Order 13132. This AD will the stated purpose of the incorporation by reference method is brevity, to keep Explanation of Change to Heading not have a substantial direct effect on the States, on the relationship between from expanding the Federal Register We have revised the heading, the national government and the States, needlessly by publishing documents ‘‘RESTATEMENT OF THE or on the distribution of power and already in the hands of the affected REQUIREMENTS OF AD 99–07–12, responsibilities among the various individuals; traditionally, ‘‘affected WITH ADDITIONAL INFORMATION levels of government. individuals’’ means aircraft owners and FOR GROUP 2 AIRPLANES,’’ to state, operators, who are generally provided ‘‘* * * WITH COMPLIANCE TIMES For the reasons discussed above, I service information by the FOR GROUP 2 AIRPLANES.’’ This certify that this AD: manufacturer. MARPA adds that a new change provides more information about (1) Is not a ‘‘significant regulatory class of affected individuals has the new requirements of this AD. action’’ under Executive Order 12866; emerged, since the majority of aircraft (2) Is not a ‘‘significant rule’’ under maintenance is now performed by Conclusion DOT Regulatory Policies and Procedures specialty shops instead of aircraft We have carefully reviewed the (44 FR 11034, February 26, 1979); and owners and operators. MARPA notes available data, including the comments (3) Will not have a significant that this new class includes received, and determined that air safety economic impact, positive or negative, maintenance and repair organizations, and the public interest require adopting on a substantial number of small entities component servicing and repair shops, the AD with the change described under the criteria of the Regulatory parts purveyors and distributors, and previously. We have determined that Flexibility Act. organizations manufacturing or this change will neither increase the We prepared a regulatory evaluation servicing alternatively certified parts economic burden on any operator nor of the estimated costs to comply with under 14 CFR 21.303 (parts increase the scope of the AD. manufacturer approval (PMA)). MARPA this AD and placed it in the AD docket. ADDRESSES adds that the concept of brevity is now Costs of Compliance See the section for a location nearly archaic as documents exist more There are about 681 airplanes of the to examine the regulatory evaluation. frequently in electronic format than on affected design in the worldwide fleet. List of Subjects in 14 CFR Part 39 paper. Therefore, MARPA asks that the This AD affects about 99 airplanes of service documents deemed essential to U.S. registry. The new requirements of Air transportation, Aircraft, Aviation the accomplishment of the NPRM be this AD add no additional economic safety, Incorporation by reference, incorporated by reference into the burden. The current costs for this AD Safety. regulatory instrument, and published in are repeated for the convenience of Adoption of the Amendment the DMS. affected operators, as follows: We do not agree that documents The actions in this AD take about 2 n Accordingly, under the authority should be incorporated by reference work hours per airplane, at an average delegated to me by the Administrator, during the NPRM phase of rulemaking. labor rate of $80 per work hour. Based the FAA amends 14 CFR part 39 as The Office of the Federal Register (OFR) on these figures, the estimated cost of follows: requires that documents that are both the retained and new actions for necessary to accomplish the U.S. operators is $15,840, or $160 per PART 39—AIRWORTHINESS requirements of the AD be incorporated airplane, per inspection cycle. DIRECTIVES by reference during the final rule phase of rulemaking. This final rule Authority for This Rulemaking n 1. The authority citation for part 39 incorporates by reference the document Title 49 of the United States Code continues to read as follows: necessary for the accomplishment of the specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701.

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§ 39.13 [Amended] Note 1: Paragraphs (f)(2) and (i)(2) of AD inspection of the Section 46 lower lobe 2005–20–30 require a detailed inspection to frames required by paragraph (f) of AD 2006– n 2. The Federal Aviation detect cracks in the Section 46 lower lobe 05–02 constitutes terminating action for the Administration (FAA) amends § 39.13 frames, in accordance with Boeing Service requirements of this AD only for airplanes by removing amendment 39–14576 (71 Bulletin 747–53A2349, Revision 2, dated identified in Boeing Alert Service Bulletin FR 25926, May 3, 2006) and adding the April 3, 2003. The initial inspection is 747–53A2408, Revision 1, dated April 4, following new airworthiness directive required prior to the accumulation of 22,000 2002, as Group 2 airplanes. (AD): total flight cycles; or within 1,000 flight cycles after June 11, 1993 (the effective date Alternative Methods of Compliance (AMOCs) 2006–09–06 R1 Boeing: Amendment 39– of AD 93–08–12, amendment 39–8559), or (j)(1) The Manager, Seattle Aircraft 14842. Docket No. FAA–2006–25327; November 16, 2005 (the effective date of AD Certification Office (ACO), FAA, has the Directorate Identifier 2006–NM–116–AD. 2005–20–30), depending on previous authority to approve AMOCs for this AD, if Effective Date inspections accomplished; whichever occurs requested in accordance with the procedures later. found in 14 CFR 39.19. (a) The effective date of this AD is June 7, (2) Before using any AMOC approved in 2006. Note 2: For the purposes of this AD, a accordance with § 39.19 on any airplane to detailed inspection is: ‘‘An intensive Affected ADs which the AMOC applies, notify the examination of a specific item, installation, appropriate principal inspector in the FAA (b) This AD revises AD 2006–09–06. or assembly to detect damage, failure, or Flight Standards Certificate Holding District irregularity. Available lighting is normally Applicability Office. supplemented with a direct source of good (3) An AMOC that provides an acceptable (c) This AD applies to Boeing Model 747– lighting at an intensity deemed appropriate. 100, 747–100B, 747–100B SUD, 747–200B, level of safety may be used for any repair Inspection aids such as mirror, magnifying required by this AD, if it is approved by an 747–300, 747–400, 747–400D, and 747SR lenses, etc., may be necessary. Surface series airplanes, certificated in any category; Authorized Representative for the Boeing cleaning and elaborate procedures may be Commercial Airplanes Delegation Option as identified in Boeing Alert Service Bulletin required.’’ 747–53A2408, Revision 1, dated April 4, Authorization Organization who has been 2002. Repetitive Inspections authorized by the Manager, Seattle ACO, to make those findings. For a repair method to Unsafe Condition (g) If no cracking is detected during the be approved, the repair must meet the inspection required by paragraph (f) of this (d) This AD results from reports indicating certification basis of the airplane. AD, repeat the inspection thereafter at (4) AMOCs approved previously in that fatigue cracks were found in lower lobe intervals not to exceed 3,000 flight cycles. frames on the left side of the fuselage. We are accordance with AD 99–07–12, are approved issuing this AD to detect and correct fatigue Corrective Actions as AMOCs for the corresponding provisions of this AD. cracking of certain lower lobe fuselage (h) If any cracking is detected during any frames, which could lead to fatigue cracks in inspection required by paragraph (f) of this Material Incorporated by Reference the fuselage skin, and consequent rapid AD, prior to further flight, accomplish decompression of the airplane. (k) You must use Boeing Alert Service paragraphs (h)(1) and (h)(2) of this AD: Bulletin 747–53A2408, dated April 25, 1996; Compliance (1) Within 20 inches of the crack location or Boeing Alert Service Bulletin 747– on the frame, perform a detailed inspection 53A2408, Revision 1, dated April 4, 2002; as (e) You are responsible for having the of the adjacent structure to detect cracking. actions required by this AD performed within applicable; to perform the actions that are As of June 7, 2006, the detailed inspection required by this AD, unless the AD specifies the compliance times specified, unless the must be done in accordance with Boeing actions have already been done. otherwise. Alert Service Bulletin 747–53A2408, (1) On June 7, 2006 (71 FR 25926, May 3, Revision 1, dated April 4, 2002. If any Restatement of the Requirements of AD 99– 2006), the Director of the Federal Register cracking is detected during any detailed 07–12, With Compliance Times for Group 2 approved the incorporation by reference of inspection done in accordance with Airplanes Boeing Alert Service Bulletin 747–53A2408, paragraph (f) or (h)(1) of this AD, prior to Revision 1, dated April 4, 2002. Initial Inspections further flight, repair in accordance with (2) On May 5, 1999 (64 FR 15298, March (f) For airplanes on which the initial paragraph (h)(1)(i) or (h)(1)(ii) of this AD, as 31, 1999), the Director of the Federal Register detailed internal inspection of the Section 46 applicable. approved the incorporation by reference of lower lobe frames required by paragraph (i) For Group 1 airplanes: Using a method Boeing Alert Service Bulletin 747–53A2408, (f)(2) or (i)(2) of AD 2005–20–30, amendment approved in accordance with the procedures dated April 25, 1996. 39–14327, has not been accomplished: specified in paragraph (j) of this AD. The (3) Contact Boeing Commercial Airplanes, Perform a detailed visual inspection to detect Boeing 747 Structural Repair Manual, Subject P.O. Box 3707, Seattle, Washington 98124– cracking of the lower lobe fuselage frames 53–10–04, Figure 67 or 90, is one approved 2207, for a copy of this service information. from Body Station 1820 to Body Station method. You may review copies at the Docket 2100, in accordance with the (ii) For Group 2 airplanes: Using a method Management Facility, U.S. Department of Accomplishment Instructions of Boeing Alert approved in accordance with the procedures Transportation, 400 Seventh Street SW., Service Bulletin 747–53A2408, dated April specified in paragraph (j) of this AD. The Room PL–401, Nassif Building, Washington, 25, 1996; or Boeing Alert Service Bulletin Boeing 747–400 Structural Repair Manual, DC; on the Internet at http://dms.dot.gov; or 747–53A2408, Revision 1, dated April 4, Subject 53–60–07, Repair 1 or 2, is one at the National Archives and Records 2002; as applicable; at the later of the approved method. Administration (NARA). For information on applicable times specified in paragraph (f)(1), (2) Repeat the inspection required by the availability of this material at the NARA, (f)(2), or (f)(3) of this AD. paragraph (f) of this AD thereafter at intervals call (202) 741–6030, or go to http:// (1) For all airplanes: Prior to the not to exceed 3,000 flight cycles. _ accumulation of 15,000 total flight cycles; or www.archives.gov/federal register/ Optional Terminating Inspection code_of_federal_regulations/ (2) For Group 1 airplanes identified in _ Revision 1 of the service bulletin: Within (i) Accomplishment of the initial detailed ibr locations.html. 1,500 flight cycles or 18 months after May 5, inspection of the Section 46 lower lobe Issued in Renton, Washington, on 1999 (the effective date of AD 99–07–12, frames required by paragraph (f)(2) or (i)(2) November 20, 2006. amendment 39–11097), whichever occurs of AD 2005–20–30 constitutes terminating Ali Bahrami, first. action for the requirements of this AD only Manager, Transport Airplane Directorate, (3) For Group 2 airplanes identified in for airplanes identified in Boeing Alert Aircraft Certification Service. Revision 1 of the service bulletin: Within Service Bulletin 747–53A2408, Revision 1, 1,500 flight cycles or 18 months after June 7, dated April 4, 2002, as Group 1 airplanes. [FR Doc. E6–20618 Filed 12–6–06; 8:45 am] 2006, whichever occurs first. Accomplishment of the initial detailed BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: Boeing to obtain clarification and enhancement of the instructions Examining the Docket Federal Aviation Administration specified in Figures 11 and 15. CAL You may examine the airworthiness notes that the corrected instructions will 14 CFR Part 39 directive (AD) docket on the Internet at be incorporated into Revision 1 of the http://dms.dot.gov or in person at the [Docket No. FAA–2006–23817; Directorate service bulletin by Boeing. Identifier 2005–NM–176–AD; Amendment Docket Management Facility office We partially agree with CAL. Boeing 39–14846; AD 2006–25–05] between 9 a.m. and 5 p.m., Monday has issued Service Bulletin 777– through Friday, except Federal holidays. 53A0044, Revision 1, dated June 22, RIN 2120–AA64 The Docket Management Facility office 2006, which we have subsequently (telephone (800) 647–5227) is located on reviewed. Airworthiness Directives; Boeing the plaza level of the Nassif Building at We agree to include Revision 1 of the Model 777 Airplanes the street address stated in the referenced service bulletin in the AD as AGENCY: Federal Aviation ADDRESSES section. the appropriate source of service information for accomplishing the Administration (FAA), Department of Discussion Transportation (DOT). specified actions. Revision 1 is The FAA issued a notice of proposed ACTION: Final rule. essentially the same as the original issue rulemaking (NPRM) to amend 14 CFR of the service bulletin; however, SUMMARY: The FAA is adopting a new part 39 to include an AD that would Revision 1 recommends that airplanes airworthiness directive (AD) for certain apply to certain Boeing Model 777 in Groups 1 and 4 that have been Boeing Model 777 airplanes. This AD airplanes. That NPRM was published in previously changed per the original requires repetitive inspections for the Federal Register on February 8, issue of the service bulletin be inspected corrosion or missing corrosion 2006 (71 FR 6402). That NPRM at the next scheduled under-fairing inhibiting compound of the fuselage proposed to require repetitive zonal or surveillance inspections. This skin under the forward and aft wing-to- inspections for corrosion or missing is to ensure that the fastener fillet body fairings for certain airplanes, or corrosion inhibiting compound (CIC) of sealing at body stations 1035 and 1434 the fuselage skin under the forward the fuselage skin under the forward and are in compliance with Figures 11, 15, wing-to-body fairings only for other aft wing-to-body fairings for certain and 20, as applicable, of Revision 1. The airplanes; and corrective action if airplanes, or the fuselage skin under the original issue of the service bulletin necessary. The AD also provides an forward wing-to-body fairings only for identified airplanes that were divided optional preventive modification of the other airplanes; and corrective action if into Groups 1 and 2. Revision 1 of the fairing areas, which terminates the necessary. That NPRM also proposed to service bulletin divides the airplanes repetitive inspections. This AD results provide an optional preventive into Groups 1 through 6; however, there from several reports indicating that modification of the wing-to-body fairing is no increase in the number of significant levels of corrosion were panels, which would terminate the airplanes. found on the external surface of the repetitive inspections. We do not agree to remove reference to the original issue of the service fuselage skin under the forward and aft Comments wing-to-body fairings. We are issuing bulletin and refer to only Revision 1, this AD to detect and correct corrosion, We provided the public the because operators who previously did and prevent subsequent fatigue cracks, opportunity to participate in the the required actions in accordance with on the fuselage skin under the forward development of this AD. We have the original issue of the service bulletin and aft wing-to-body fairings, which considered the comments received. would then be out of compliance as of the effective date of the new AD. We could result in rapid decompression of Request To Include Revised Service find that actions done before the the airplane. Information effective date of this AD in accordance DATES: This AD becomes effective Continental Airlines (CAL) asks that with the instructions in the original January 11, 2007. the NPRM mandate Revision 1 of the issue of the service bulletin will provide The Director of the Federal Register referenced service bulletin when it an acceptable level of safety until the approved the incorporation by reference becomes available, instead of the newly required actions are done. We of certain publications listed in the AD original issue. (Boeing Alert Service have changed paragraph (h) of this AD as of January 11, 2007. Bulletin 777–53A0044, dated July 28, to add the following sentence: ‘‘After ADDRESSES: You may examine the AD 2005, was referenced in the NPRM as the effective date of this AD, only docket on the Internet at http:// the appropriate source of service Revision 1 of the service bulletin may be dms.dot.gov or in person at the Docket information for accomplishing the used for accomplishing the preventive Management Facility, U.S. Department specified actions.) CAL states that it modification.’’ Although no more work of Transportation, 400 Seventh Street, found some discrepancies in the is necessary on airplanes changed per SW., Nassif Building, Room PL–401, instructions in Part 2 of the service the original issue of the service bulletin; Washington, DC. bulletin during incorporation of the it is recommended that airplanes in Contact Boeing Commercial preventive modification specified in the Groups 1 and 4 which have been Airplanes, P.O. Box 3707, Seattle, original issue of the service bulletin. previously changed per the original Washington 98124–2207, for the service CAL adds that those discrepancies need issue, be inspected at the next information identified in this AD. clarification in order to meet the scope scheduled under-fairing zonal or FOR FURTHER INFORMATION CONTACT: Gary of the service bulletin and the objective surveillance inspections as specified Oltman, Aerospace Engineer, Airframe of the NPRM. CAL notes that the above. Branch, ANM–120S, FAA, Seattle instructions specified in Figures 11 and Aircraft Certification Office, 1601 Lind 15 of the original issue of the service Request To Change Paragraph (h) Avenue, SW., Renton, Washington bulletin are misleading and can cause Boeing asks that the language for the 98057–3356; telephone (425) 917–6443; incorrect assumptions and actions when optional terminating action specified in fax (425) 917–6590. implemented. CAL coordinated with paragraph (h) of the NPRM be changed.

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Boeing reiterates that paragraph and inspection for U.S. operators is $520 per Adoption of the Amendment states that it should be changed to read airplane, per inspection cycle. n Accordingly, under the authority ‘‘Accomplishing the preventive The inspection takes about 4 work delegated to me by the Administrator, modification in accordance with Part 2 hours per airplane for Groups 2 and 6 the FAA amends 14 CFR part 39 as of the Accomplishment Instructions of airplanes, at an average labor rate of $65 follows: Boeing Alert Service Bulletin 777– per work hour. Based on these figures, 53A0044, dated July 28, 2005, the estimated cost of the inspection for PART 39—AIRWORTHINESS terminates the repetitive inspections U.S. operators is $260 per airplane, per DIRECTIVES required by paragraph (f) of this AD.’’ inspection cycle. Boeing states that, in the forward fairing n 1. The authority citation for part 39 area the preventive modification Authority for This Rulemaking continues to read as follows: consists of modification to the forward Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701. body fairing panels, as well as addition specifies the FAA’s authority to issue § 39.13 [Amended] of fastener head fillet sealing and rules on aviation safety. Subtitle I, revised CIC in specific areas above the Section 106, describes the authority of n 2. The Federal Aviation wing body fairing panels. Boeing adds the FAA Administrator. Subtitle VII, Administration (FAA) amends § 39.13 that, in the aft fairing area, the Aviation Programs, describes in more by adding the following new preventive modification consists of detail the scope of the Agency’s airworthiness directive (AD): fastener head fillet sealing and revised authority. 2006–25–05 Boeing: Amendment 39–14846. CIC in specific areas above the wing We are issuing this rulemaking under Docket No. FAA–2006–23817; Directorate Identifier 2005–NM–176–AD. body fairing panels. Boeing states that the authority described in Subtitle VII, there is no change to the wing-to-body Part A, Subpart III, Section 44701, Effective Date fairing panels in the aft fairing area, and ‘‘General requirements.’’ Under that (a) This AD becomes effective January 11, the proposed wording could be section, Congress charges the FAA with 2007. interpreted as not providing a promoting safe flight of civil aircraft in Affected ADs terminating action for the aft fairing air commerce by prescribing regulations (b) None. area. Boeing notes that this is for practices, methods, and procedures inconsistent with the referenced service the Administrator finds necessary for Applicability bulletin, and changing the language safety in air commerce. This regulation (c) This AD applies to Boeing Model 777– would make the NPRM consistent with is within the scope of that authority 200, –300, and –300ER series airplanes; the service bulletin. because it addresses an unsafe condition certificated in any category; as identified in We agree with Boeing for the reasons that is likely to exist or develop on Boeing Service Bulletin 777–53A0044, provided. We have changed the subject products identified in this rulemaking Revision 1, dated June 22, 2006. language in the Summary section. We action. Unsafe Condition have also changed the language in Regulatory Findings (d) This AD results from several reports paragraph (h) of this AD to read indicating that significant levels of corrosion ‘‘Accomplishing the preventive We have determined that this AD will were found on the external surface of the modification of the fairing areas in not have federalism implications under fuselage skin under the forward and aft wing- accordance with Part 2 of the Executive Order 13132. This AD will to-body fairings. We are issuing this AD to Accomplishment Instructions of Boeing detect and correct corrosion, and prevent not have a substantial direct effect on subsequent fatigue cracks, on the fuselage Alert Service Bulletin 777–53A0044, the States, on the relationship between dated July 28, 2005; or Boeing Service skin under the forward and aft wing-to-body the national government and the States, fairings, which could result in rapid Bulletin 777–53A0044, Revision 1, or on the distribution of power and decompression of the airplane. dated June 22, 2006; terminates the responsibilities among the various Compliance repetitive inspections required by levels of government. paragraph (f) of this AD.’’ (e) You are responsible for having the For the reasons discussed above, I actions required by this AD performed within Conclusion certify that this AD: the compliance times specified, unless the We have carefully reviewed the (1) Is not a ‘‘significant regulatory actions have already been done. available data, including the comments action’’ under Executive Order 12866; Repetitive Inspections (2) Is not a ‘‘significant rule’’ under received, and determined that air safety (f) At the latest of the compliance times and the public interest require adopting DOT Regulatory Policies and Procedures specified in paragraphs (f)(1), (f)(2), and (f)(3) the AD with the changes described (44 FR 11034, February 26, 1979); and of this AD, as applicable: Perform a detailed previously. These changes will neither (3) Will not have a significant inspection of the fuselage skin under the increase the economic burden on any economic impact, positive or negative, wing-to-body fairings for corrosion or operator nor increase the scope of the on a substantial number of small entities missing corrosion inhibiting compound (CIC) under the criteria of the Regulatory by doing all the applicable actions specified AD. in Part 1 of the Accomplishment Instructions Flexibility Act. Costs of Compliance of Boeing Alert Service Bulletin 777– We prepared a regulatory evaluation 53A0044, dated July 28, 2005; or Boeing There are about 385 airplanes of the of the estimated costs to comply with Service Bulletin 777–53A0044, Revision 1, affected design in the worldwide fleet. this AD and placed it in the AD docket. dated June 22, 2006. Repeat the inspection This AD affects about 140 airplanes of See the ADDRESSES section for a location thereafter at intervals not to exceed 1,500 U.S. registry. to examine the regulatory evaluation. days until the requirements of paragraph (h) The inspection takes about 8 work of this AD are accomplished. List of Subjects in 14 CFR Part 39 (1) Before the accumulation of 1,500 days hours per airplane for Groups 1, 3, 4, since the date of issuance of the original and 5 airplanes, at an average labor rate Air transportation, Aircraft, Aviation standard airworthiness certificate or the date of $65 per work hour. Based on these safety, Incorporation by reference, of issuance of the original export certificate figures, the estimated cost of the Safety. of airworthiness.

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(2) Within 1,500 days after accomplishing Box 3707, Seattle, Washington 98124–2207, SW., Nassif Building, Room PL–401, the latest zonal or surveillance inspection for a copy of this service information. You Washington, DC. before the effective date of this AD that is may review copies at the Docket Management FOR FURTHER INFORMATION CONTACT: equivalent to the detailed inspection Facility, U.S. Department of Transportation, Tom specified in paragraph (f) of this AD. 400 Seventh Street, SW., Room PL–401, Stafford, Aerospace Engineer, (3) Within 750 days after the effective date Nassif Building, Washington, DC; on the International Branch, ANM–116, FAA, of this AD. Internet at http://dms.dot.gov; or at the Transport Airplane Directorate, 1601 National Archives and Records Lind Avenue, SW., Renton, Washington Corrective Action Administration (NARA). For information on 98057–3371; telephone (425) 227–1622; (g) If any corrosion or missing CIC is found the availability of this material at the NARA, fax (425) 227–1149. during any inspection required by paragraph call (202) 741–6030, or go to http:// SUPPLEMENTARY INFORMATION: (f) of this AD: Before further flight, do a www.archives.gov/federal_register/ detailed inspection to determine the full code_of_federal_regulations/ Discussion extent of the corrosion; repair before further ibr_locations.html. flight by doing all the applicable actions The FAA is implementing a new specified in Part 1 of the Accomplishment Issued in Renton, Washington, on process for streamlining the issuance of November 20, 2006. Instructions of Boeing Alert Service Bulletin ADs related to MCAI. This streamlined 777–53A0044, dated July 28, 2005; or Boeing Ali Bahrami, process will allow us to adopt MCAI Service Bulletin 777–53A0044, Revision 1, Manager, Transport Airplane Directorate, dated June 22, 2006. Where the service safety requirements in a more efficient Aircraft Certification Service. manner and will reduce safety risks to bulletin specifies to contact Boeing for repair [FR Doc. E6–20624 Filed 12–6–06; 8:45 am] instructions: Repair before further flight, the public. This process continues to according to a method approved in BILLING CODE 4910–13–P allow all FAA AD issuance processes to accordance with the procedures specified in meet legal, economic, Administrative paragraph (i) of this AD. Procedure Act, and Federal Register DEPARTMENT OF TRANSPORTATION Optional Terminating Action requirements. We also continue to meet our technical decision-making (h) Accomplishing the preventive Federal Aviation Administration modification of the fairing areas in responsibilities to identify and correct accordance with Part 2 of the 14 CFR Part 39 unsafe conditions on U.S.-certificated Accomplishment Instructions of Boeing Alert products. Service Bulletin 777–53A0044, dated July 28, [Docket No. FAA–2006–25634; Directorate This AD references the MCAI and 2005; or Boeing Service Bulletin 777– Identifier 2006–NM–143–AD; Amendment related service information that we 53A0044, Revision 1, dated June 22, 2006; 39–14844; AD 2006–25–03] considered in forming the engineering terminates the repetitive inspections required RIN 2120–AA64 basis to correct the unsafe condition. by paragraph (f) of this AD. After the effective The AD contains text copied from the date of this AD, only Revision 1 of the service bulletin may be used for accomplishing the Airworthiness Directives; Airbus Model MCAI and for this reason might not preventive modification. A300 Airplanes follow our plain language principles. We issued a notice of proposed AGENCY: Alternative Methods of Compliance Federal Aviation rulemaking (NPRM) to amend 14 CFR (AMOCs) Administration (FAA), Department of part 39 to include an AD that would (i)(1) The Manager, Seattle Aircraft Transportation (DOT). apply to the specified products. That Certification Office (ACO), FAA, has the ACTION: Final rule. NPRM was published in the Federal authority to approve AMOCs for this AD, if Register on August 18, 2006 (71 FR requested in accordance with the procedures SUMMARY: We are adopting a new 47752). That NPRM proposed to require found in 14 CFR 39.19. airworthiness directive (AD) for the a periodic test to ensure the availability (2) Before using any AMOC approved in products listed above. This AD results of the pitch trim system 2 and its accordance with § 39.19 on any airplane to from mandatory continuing which the AMOC applies, notify the possibility to deflect the trimmable airworthiness information (MCAI) appropriate principal inspector in the FAA horizontal stabilizer (THS) at high speed issued by an airworthiness authority of Flight Standards Certificate Holding District of trim. The MCAI states that the refined another country to identify and correct Office. study of an in-service event has (3) An AMOC that provides an acceptable an unsafe condition on an aviation evidenced the need to perform a level of safety may be used for any repair product. The MCAI describes the unsafe periodic test of pitch trim system 2. In required by this AD, if it is approved by an condition as failure of pitch trim system the conditions of overriding the Authorized Representative for the Boeing 2 to deflect the trimmable horizontal automatic pitch torque limiter, the Commercial Airplanes Delegation Option stabilizer at maximum rate, which could Authorization Organization who has been clutch of the pitch trim servo-motor 1 is result in loss of high-speed trim and authorized by the Manager, Seattle ACO, to opened so that electric pitch trim consequent reduced controllability of make those findings. For a repair method to system 1 will disconnect. The question the airplane. We are issuing this AD to be approved, the repair must meet the is pending about the availability of the certification basis of the airplane, and the require actions to correct the unsafe system 2 and its capability to take over approval must specifically refer to this AD. condition on these products. the pitch trim function, particularly Material Incorporated by Reference DATES: This AD becomes effective during a go-around. Failure of pitch trim (j) You must use Boeing Alert Service January 11, 2007. system 2 to deflect the THS at maximum Bulletin 777–53A0044, dated July 28, 2005; The Director of the Federal Register rate could result in loss of high-speed or Boeing Service Bulletin 777–53A0044, approved the incorporation by reference trim and consequent reduced Revision 1, dated June 22, 2006; as of a certain publication listed in this AD controllability of the airplane. applicable; to perform the actions that are as of January 11, 2007. required by this AD, unless the AD specifies ADDRESSES: You may examine the AD Comments otherwise. The Director of the Federal Register approved the incorporation by docket on the Internet at http:// We gave the public the opportunity to reference of these documents in accordance dms.dot.gov or in person at the Docket participate in developing this AD. We with 5 U.S.C. 552(a) and 1 CFR part 51. Management Facility, U.S. Department have considered the comments received Contact Boeing Commercial Airplanes, P.O. of Transportation, 400 Seventh Street, from one commenter.

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Request To Publish Service not actually reach the people applies only to Model A300 airplanes, Information/Incorporate by Reference responsible for accomplishing the AD. except for Model A300 B4–203 and in NPRM Therefore, MARPA asks that the service A300 B2–203 in the FFCC configuration. The Modification and Replacement documents deemed essential to the Model A300–600 series airplanes are Parts Association (MARPA) states that accomplishment of the NPRM be not subject to the requirements of that airworthiness directives (ADs) are based incorporated by reference into the airworthiness directive. To ensure clear on service information that originates regulatory instrument and published in and enforceable language in the from the type certificate holder or its DMS. applicability of this AD, we have suppliers. MARPA adds that We do not agree that documents revised the applicability section to manufacturer’s service documents are should be incorporated by reference specify the affected models as listed on during the NPRM phase of rulemaking. privately authored instruments, the type certificate data sheet. The Office of the Federal Register (OFR) generally having copyright protection requires that documents that are Explanation of Change to Costs of against duplication and distribution. necessary to accomplish the Compliance MARPA states that when a service requirements of the AD be incorporated Since issuance of the NPRM, we have document is incorporated by reference by reference during the final rule phase determined that the estimated cost did into a public document, such as an AD, of rulemaking. This final rule not include the cost for the 3 work pursuant to 5 U.S.C. 552(a) and 1 CFR incorporates by reference the document hours necessary to accomplish the part 51, it loses its private, protected necessary for the accomplishment of the repair and follow-on test; however, the status and becomes a public document. requirements mandated by this AD. number of work hours was specified. MARPA notes that if a service document Further, we point out that while The cost impact information, below, has is used as a mandatory element of documents that are incorporated by been revised to indicate the higher compliance it should not simply be reference do become public information, amount. referenced, but should be incorporated as noted by the commenter, they do not by reference. MARPA believes that lose their copyright protection. For that Conclusion public laws, by definition, should be reason, we advise the public to contact We have carefully reviewed the public, which means they cannot rely the manufacturer to obtain copies of the available data, including the comments upon private writings for compliance. referenced service information. received, and determined that air safety MARPA adds that the legal In regard to MARPA’s request to post and the public interest require adopting interpretation of a document is a service bulletins on the Department of the AD with the change described question of law, not of fact; therefore, Transportation’s DMS, we are currently previously. This change will neither unless the service document is in the process of reviewing issues increase the economic burden on any incorporated by reference it cannot be surrounding the posting of service operator nor increase the scope of the considered. MARPA is concerned that bulletins on the DMS as part of an AD AD. failure to incorporate essential service docket. Once we have thoroughly information could result in a court examined all aspects of this issue and Differences Between This AD and the decision invalidating the AD. have made a final determination, we MCAI or Service Information MARPA also states that service will consider whether our current We have reviewed the MCAI and documents incorporated by reference practice needs to be revised. No change related service information and, in should be made available to the public to the AD is necessary in response to general, agree with their substance. But by publication in the Docket these comments. we might have found it necessary to use Management System (DMS), keyed to different words from those in the MCAI Request To Change Applicability the action that incorporates those to ensure the AD is clear for U.S. documents. MARPA notes that the The Air Transport Association (ATA), operators and is enforceable in a U.S. stated purpose of the incorporation by on behalf of one of its members, court of law. In making these changes, reference method is brevity, to keep American Airlines, asks that the we do not intend to differ substantively from expanding the Federal Register applicability in the NPRM be changed. from the information provided in the needlessly by publishing documents American Airlines states that it does not MCAI and related service information. already in the hands of the affected believe the NPRM is applicable to We might also have required different individuals. MARPA adds that, Model A300–B4–605R airplanes, but actions in this AD from those in the traditionally, ‘‘affected individuals’’ could not conclude that directly from MCAI in order to follow our FAA means aircraft owners and operators, the NPRM. The ATA states that, in the policies. Any such differences are who are generally provided service actions and compliance section of the described in a separate paragraph of the information by the manufacturer. NPRM, the FAA references the AD. These requirements, if any, take MARPA adds that, a new class of instructions of Airbus Service Bulletin precedence over the actions copied from affected individuals has emerged, since A300–22–0121, dated July 11, 2005, the MCAI. the majority of aircraft maintenance is which confirms it is valid for Model now performed by specialty shops A300 airplanes, except for the forward Costs of Compliance instead of aircraft owners and operators. facing crew cockpit (FFCC) versions and We estimate that this AD will affect MARPA notes that this new class Model A300–600 series airplanes. The 29 products of U.S. registry. We also includes maintenance and repair ATA adds that the applicability section estimate that it will take about 1 work organizations, component servicing, in the NPRM should be changed to hour per product to do the periodic test and/or servicing alternatively certified correctly call out only the airplanes that and 3 work hours to do the repair and parts under part 21 of the Federal are covered by the service bulletin. follow-on test, and that the average Aviation Regulations (14 CFR part 21), We find that clarification of the labor rate is $80 per work hour. section 21.303 (‘‘parts manufacturer applicability section in the AD is Required parts will cost $0 per product. approval’’ (PMA)). MARPA notes that necessary. The applicability section in Based on these figures, we estimate the distribution to owners when the owner this AD duplicates that of the referenced cost of the AD to the U.S. operators to is a financing or leasing institution, may French airworthiness directive, which be $9,280, or $320 per product.

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Authority for This Rulemaking List of Subjects in 14 CFR Part 39 condition in accordance with the instructions Air transportation, Aircraft, Aviation of the service bulletin. Title 49 of the United States Code (2) The operational test, followed, if safety, Incorporation by reference, specifies the FAA’s authority to issue necessary, by the corrective action described rules on aviation safety. Subtitle I, Safety. in the paragraph above, is to be repeated at section 106, describes the authority of Adoption of the Amendment intervals not exceeding 1,000 flight hours in the FAA Administrator. ‘‘Subtitle VII: accordance with the instructions of Airbus Aviation Programs,’’ describes in more n Accordingly, under the authority Service Bulletin A300–22–0121, dated July detail the scope of the Agency’s delegated to me by the Administrator, 11, 2005. authority. the FAA amends 14 CFR part 39 as follows: FAA AD Difference We are issuing this rulemaking under (f) When complying with this AD, do the the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS following: Although the Accomplishment Part A, Subpart III, Section 44701: DIRECTIVES Instructions of the referenced service bulletin General requirements.’’ Under that describe procedures for submitting certain n section, Congress charges the FAA with 1. The authority citation for part 39 information to the manufacturer, this AD promoting safe flight of civil aircraft in continues to read as follows: does not include that requirement. Authority: 49 U.S.C. 106(g), 40113, 44701. air commerce by prescribing regulations Other FAA AD Provisions for practices, methods, and procedures § 39.13 [Amended] the Administrator finds necessary for (g) The following provisions also apply to safety in air commerce. This regulation n 2. The FAA amends § 39.13 by adding this AD: (1) Alternative Methods of Compliance is within the scope of that authority the following new AD: (AMOCs): The Manager, International 2006–25–03 Airbus: Amendment 39–14844. because it addresses an unsafe condition Branch, ANM–116, Transport Airplane that is likely to exist or develop on Docket No. FAA–2006–25634; Directorate Identifier 2006–NM–143–AD. Directorate, FAA, ATTN: Tom Stafford, products identified in this rulemaking Aerospace Safety Engineer, 1601 Lind action. Effective Date Avenue, SW., Renton, Washington 98057– Regulatory Findings (a) This airworthiness directive (AD) 3371; telephone (425) 227–1622; fax (425) becomes effective January 11, 2007. 227–1149; has the authority to approve AMOCs for this AD, if requested using the We determined that this AD will not Affected ADs have federalism implications under procedures found in 14 CFR 39.19. (b) None. Executive Order 13132. This AD will (2) Notification of Principal Inspector: not have a substantial direct effect on Applicability Before using any AMOC approved in accordance with 14 CFR 39.19 on any the States, on the relationship between (c) This AD applies to Airbus Model A300 airplane to which the AMOC applies, notify the national government and the States, B2–1A, B2–1C, B2K–3C, B2–203, B4–2C, B4– the appropriate principal inspector in the 103, and B4–203 airplanes; all serial or on the distribution of power and FAA Flight Standards Certificate Holding numbers; certificated in any category; except responsibilities among the various District Office. levels of government. for Model A300 B4–203 and A300 B2–203 airplanes in a forward facing crew cockpit (3) Return to Airworthiness: When For the reasons discussed above, I certified configuration. complying with this AD, perform FAA- certify that this AD: approved corrective actions before returning Reason the product to an airworthy condition. (1) Is not a ‘‘significant regulatory (d) The refined study of an in-service event Related Information action’’ under Executive Order 12866; has evidenced the need to perform a periodic (2) Is not a ‘‘significant rule’’ under test of pitch trim system 2. In the conditions (h) This AD is related to MCAI French DOT Regulatory Policies and Procedures of overriding the automatic pitch torque airworthiness directive F–2005–157, dated (44 FR 11034, February 26, 1979); and limiter, the clutch of the pitch trim servo- September 14, 2005, which references Airbus motor 1 is opened so that electric pitch trim Service Bulletin A300–22–0121, dated July (3) Will not have a significant system 1 will disconnect. The question is 11, 2005, for information on required actions. economic impact, positive or negative, pending about the availability of the system on a substantial number of small entities 2 and its capability to take over the pitch trim Material Incorporated by Reference under the criteria of the Regulatory function, particularly during a go-around. (i) You must use Airbus Service Bulletin Flexibility Act. Failure of pitch trim system 2 to deflect the A300–22–0121, excluding Appendix 01, trimmable horizontal stabilizer (THS) at dated July 11, 2005, to do the actions We prepared a regulatory evaluation maximum rate could result in loss of high- required by this AD, unless the AD specifies of the estimated costs to comply with speed trim and consequent reduced otherwise. this AD and placed it in the AD Docket. controllability of the airplane. For such (1) The Director of the Federal Register reason, this AD renders mandatory a periodic Examining the AD Docket approved the incorporation by reference of test to ensure the availability of the pitch this service information under 5 U.S.C. trim system 2 and its possibility to deflect the 552(a) and 1 CFR part 51. You may examine the AD docket on THS at high speed of trim. the Internet at http://dms.dot.gov; or in (2) For service information identified in person at the Docket Management Actions and Compliance this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, Facility between 9 a.m. and 5 p.m., (e) Unless already done, do the following Monday through Friday, except Federal actions except as stated in paragraph (f) France. (3) You may review copies at the Transport holidays. The AD docket contains the below: (1) Within 250 flight hours after the Airplane Directorate, FAA, 1601 Lind NPRM, the regulatory evaluation, any Avenue, SW., Renton, Washington 98057– comments received, and other effective date of this AD: Perform an operational test of pitch trim system 2 in high 3371; or at the National Archives and information. The street address for the speed of trim configuration and if system 2 Records Administration (NARA). For Docket Office (telephone (800) 647– does not function as specified in the information on the availability of this 5227) is in the ADDRESSES section. instructions of Airbus Service Bulletin A300– material at NARA, call 202–741–6030, or go Comments will be available in the AD 22–0121, dated July 11, 2005; before further to: http://www.archives.gov/federal-register/ docket shortly after receipt. flight, return the system to correct operating cfr/ibr-locations.html.

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Issued in Renton, Washington, on SW., Nassif Building, Room PL–401, Request To Refer to Latest Issue of the November 20, 2006. Washington, DC. Service Bulletin and Revise Compliance Ali Bahrami, Contact Airbus, 1 Rond Point Maurice Time Manager, Transport Airplane Directorate, Bellonte, 31707 Blagnac Cedex, France, Airbus requests that Service Bulletin Aircraft Certification Service. for service information identified in this A300–53–0218, Revision 03, dated [FR Doc. E6–20617 Filed 12–6–06; 8:45 am] AD. August 3, 2006, be referenced in the BILLING CODE 4910–13–P FOR FURTHER INFORMATION CONTACT: NPRM. (Airbus Service Bulletin A300– Thomas Stafford, Aerospace Engineer, 53–0218, Revision 02, dated May 10, International Branch, ANM–116, FAA, 2005, was referenced as the appropriate DEPARTMENT OF TRANSPORTATION Transport Airplane Directorate, 1601 source of service information for doing Federal Aviation Administration Lind Avenue, SW., Renton, Washington the actions specified in the NPRM.) 98057–3356; telephone (425) 227–1622; Airbus also states that the compliance 14 CFR Part 39 fax (425) 227–1149. time for doing the repetitive sealant SUPPLEMENTARY INFORMATION: inspection has been revised from 6,000 [Docket No. FAA–2006–25423; Directorate landings to 8,000 landings to match the Identifier 2006–NM–029–AD; Amendment Examining the Docket compliance times specified in French 39–14845; AD 2006–25–04] You may examine the airworthiness airworthiness directive F–2005–093 R1, RIN 2120–AA64 directive (AD) docket on the Internet at dated August 3, 2005 (which was http://dms.dot.gov or in person at the referenced in the NPRM as the related Airworthiness Directives; Airbus Model Docket Management Facility office French airworthiness directive). A300 Airplanes between 9 am and 5 pm, Monday We agree with the commenter to refer through Friday, except Federal holidays. to Revision 03 of the service bulletin. AGENCY: Federal Aviation The Docket Management Facility office Revision 03 of the service bulletin Administration (FAA), Department of (telephone (800) 647–5227) is located on contains essentially the same Transportation (DOT). the plaza level of the Nassif Building at procedures as Revision 02 of the service ACTION: Final rule. the street address stated in the bulletin for doing the actions specified ADDRESSES the NPRM. We have revised the final SUMMARY: The FAA is superseding an section. rule accordingly. We have also added existing airworthiness directive (AD), Discussion paragraph (o) of the final rule to allow which applies to all Airbus Model A300 The FAA issued a notice of proposed actions done before the effective date of airplanes. That AD currently requires rulemaking (NPRM) to amend 14 CFR this AD in accordance with Revision 02 repetitive inspections for cracking and part 39 to include an AD that of the service bulletin to be acceptable corrosion in the lower rim area of the supersedes AD 90–03–08, amendment for compliance. rear pressure bulkhead and adjacent 39–6481 (55 FR 1799, January 19, 1990). We also agree to revise the areas, repetitive inspections for cracking The existing AD applies to all Airbus compliance time of the repetitive or corrosion in the service apertures and Model A300 series airplanes. That sealant inspection. The French the upper rim area of the rear pressure NPRM was published in the Federal airworthiness directive specifies that the bulkhead, and corrective actions if Register on August 1, 2006 (71 FR repetitive interval is 8,000 landings for necessary. This new AD removes certain 43386). That NPRM proposed to the upper part of rear pressure bulkhead repetitive inspections and reduces the continue to require repetitive surrounding area. The sealant repetitive interval of one inspection. inspections for cracking and corrosion inspection is done on the aft face of the This new AD also requires an inspection in the lower rim area of the rear rear pressure bulkhead. Therefore we for missing or damaged sealant in the pressure bulkhead and adjacent areas, have revised paragraph (i) of this final area between the outer attachment angle repetitive inspections for cracking or rule accordingly. and circumferential joint doubler, and corrosion in the service apertures and corrective action if necessary. This new Request To Change Incorporation of the upper rim area of the rear pressure AD also requires additional inspections Certain Information bulkhead, and corrective actions if for corrosion of certain areas and necessary. That NPRM also proposed to The Modification and Replacement repetitive inspections for airplanes on remove certain repetitive inspections Parts Association (MARPA) states that, which repairs have been done. This AD and reduce the repetitive interval of one typically, airworthiness directives are results from reports of corrosion and inspection. That NPRM also proposed to based on service information originating cracking in the various components require an inspection for missing or with the type certificate holder or its associated with the rear pressure damaged sealant in the area between the suppliers. MARPA adds that bulkhead. We are issuing this AD to outer attachment angle and manufacturer service documents are prevent reduced structural capability of circumferential joint doubler, and privately authored instruments the fuselage and consequent corrective action if necessary. That generally having copyright protection decompression of the airplane. NPRM also proposed to require against duplication and distribution. DATES: This AD becomes effective additional inspections for corrosion of MARPA notes that when a service January 11, 2007. certain areas and repetitive inspections document is incorporated by reference The Director of the Federal Register for airplanes on which repairs have into a public document, such as an approved the incorporation by reference been done. airworthiness directive, it loses its of certain publications listed in the AD private, protected status and becomes a as of January 11, 2007. Comments public document. MARPA adds that if ADDRESSES: You may examine the AD We provided the public the a service document is used as a docket on the Internet at http:// opportunity to participate in the mandatory element of compliance, it dms.dot.gov or in person at the Docket development of this AD. We have should not simply be referenced, but Management Facility, U.S. Department considered the comments that have should be incorporated into the of Transportation, 400 Seventh Street, been received on the NPRM. regulatory document; by definition,

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public laws must be public, which reference into the regulatory instrument final rule to clarify that the actions means they cannot rely upon private and published in the DMS. specified in paragraph (f)(2)(i) and writings. We do not agree that documents (f)(2)(ii) of the final rule are required to MARPA adds that incorporated by should be incorporated by reference be done only for the applicable reference service documents should be during the NPRM phase of rulemaking. airplanes identified in paragraphs made available to the public by The Office of the Federal Register (OFR) (f)(2)(i) and (f)(2)(ii) of the final rule. We publication in the Docket Management requires that documents that are have also added the word ‘‘inclusive’’ to System (DMS), keyed to the action that necessary to accomplish the the range of manufacturer serial incorporates them. MARPA notes that requirements of the AD be incorporated numbers specified in paragraphs (f)(2)(i) the stated purpose of the incorporation by reference during the final rule phase and (f)(2)(ii) of the final rule in order to by reference method is brevity, to keep of rulemaking. This final rule clarify the range of the applicable from expanding the Federal Register incorporates by reference the documents airplanes. needlessly by publishing documents necessary for the accomplishment of the already in the hands of the affected requirements mandated by this AD. Clarification of Reference in Paragraph individuals; traditionally, ‘‘affected Further, we point out that while (h)(5) of the Final Rule individuals’’ means aircraft owners and documents that are incorporated by We made a typographical error in operators, who are generally provided reference do become public information, paragraph (h)(5) of the NPRM when we service information by the they do not lose their copyright referred to paragraphs (g)(5)(i) and manufacturer. MARPA adds that a new protection. For that reason, we advise (g)(5)(ii). The correct paragraph class of affected individuals has the public to contact the manufacturer reference is (h)(5)(i) and (h)(5)(ii). We emerged, since the majority of aircraft to obtain copies of the referenced have revised paragraph (h)(5) of the maintenance is now performed by service information. final rule accordingly. specialty shops instead of aircraft In regard to the commenter’s request owners and operators. MARPA notes to post service bulletins on the Conclusion that this new class includes Department of Transportation’s DMS, maintenance and repair organizations, we are currently in the process of We have carefully reviewed the component servicing and repair shops, reviewing issues surrounding the available data, including the comments parts purveyors and distributors, and posting of service bulletins on the DMS that have been received, and determined organizations manufacturing or as part of an AD docket. Once we have that air safety and the public interest servicing alternatively certified parts thoroughly examined all aspects of this require adopting the AD with the under section 21.303 (‘‘Replacement issue and have made a final changes described previously. We have and modification parts’’) of the Federal determination, we will consider determined that these changes will Aviation Regulations (14 CFR 21.303). whether our current practice needs to be neither increase the economic burden MARPA adds that the concept of brevity revised. No change to the final rule is on any operator nor increase the scope is now nearly archaic as documents necessary in response to this comment. of the AD. exist more frequently in electronic Costs of Compliance format than on paper. Therefore, Clarification of Requirements of MARPA asks that the service documents Paragraph (f)(2) of the Final Rule The following table provides the deemed essential to the accomplishment We have added the phrase ‘‘as estimated costs for U.S. operators to of the NPRM be incorporated by applicable’’ to paragraph (f)(2) of the comply with this AD. ESTIMATED COSTS

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

Inspections (required by AD 90– 10 $80 $800, per inspection cycle ...... 51 $40,800, per inspection cycle. 03–08). New Inspections (required by this 10 80 $800, per inspection cycle ...... 51 $40,800, per inspection cycle. AD).

Authority for This Rulemaking air commerce by prescribing regulations the National Government and the States, for practices, methods, and procedures or on the distribution of power and Title 49 of the United States Code the Administrator finds necessary for responsibilities among the various specifies the FAA’s authority to issue safety in air commerce. This regulation levels of government. rules on aviation safety. Subtitle I, is within the scope of that authority For the reasons discussed above, I Section 106, describes the authority of because it addresses an unsafe condition certify that this AD: the FAA Administrator. Subtitle VII, that is likely to exist or develop on (1) Is not a ‘‘significant regulatory Aviation Programs, describes in more products identified in this rulemaking action’’ under Executive Order 12866; detail the scope of the Agency’s action. (2) Is not a ‘‘significant rule’’ under authority. DOT Regulatory Policies and Procedures We are issuing this rulemaking under Regulatory Findings (44 FR 11034, February 26, 1979); and the authority described in Subtitle VII, We have determined that this AD will (3) Will not have a significant Part A, Subpart III, Section 44701, not have federalism implications under economic impact, positive or negative, ‘‘General requirements.’’ Under that Executive Order 13132. This AD will on a substantial number of small entities section, Congress charges the FAA with not have a substantial direct effect on under the criteria of the Regulatory promoting safe flight of civil aircraft in the States, on the relationship between Flexibility Act.

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We prepared a regulatory evaluation Restatement of Certain Requirements of Ad (2) Repeat the eddy current inspection of the estimated costs to comply with 90–03–08 With New Repetitive Intervals from the outboard side between STGR 25 LH and RH, or STGR 26 LH and RH, as this AD and placed it in the AD docket. Initial Inspections ADDRESSES applicable, specified in paragraph (f)(2) of See the section for a location (f) Within the time limits specified in this AD thereafter at intervals not to exceed to examine the regulatory evaluation. paragraph (g) of this AD, conduct the 8,000 landings. List of Subjects in 14 CFR Part 39 inspections specified in paragraphs (f)(1) (3) Repeat the detailed inspection of the through (f)(4) of this AD in accordance with service apertures specified in paragraph (f)(3) Air transportation, Aircraft, Aviation Airbus Service Bulletin A300–53–218, of this AD thereafter at intervals not to Revision 1, dated July 28, 1989; or Airbus exceed 6,000 landings. safety, Incorporation by reference, (4) Repeat eddy current inspections of APU Safety. Service Bulletin A300–53–0218, Revision 03, dated August 3, 2006. After the effective date fuel apertures specified in paragraph (f)(4) of Adoption of the Amendment of this AD, Airbus Service Bulletin A300–53– this AD thereafter at intervals not to exceed 0218, Revision 03, dated August 3, 2006, 6,000 landings. must be used. (5) At the earlier of the times specified in n Accordingly, under the authority paragraphs (h)(5)(i) and (h)(5)(ii) of this AD, delegated to me by the Administrator, (1) Perform a detailed inspection for corrosion and cracking of the upper rim area do the eddy current inspection of the APU the FAA amends 14 CFR part 39 as of the rear pressure bulkhead from the aft bleed-air line service aperture specified in follows: face. paragraph (f)(4) of this AD. Repeat the inspection thereafter at intervals not to PART 39—AIRWORTHINESS Note 1: For the purposes of this AD, a exceed 6,000 landing. DIRECTIVES detailed inspection is: ‘‘An intensive (i) Within 12,000 landings since the last examination of a specific item, installation, inspection of the APU bleed-air line service or assembly to detect damage, failure, or aperture specified in paragraph (f)(4) of this n 1. The authority citation for part 39 irregularity. Available lighting is normally AD. continues to read as follows: supplemented with a direct source of good (ii) Within 6,000 landings since the last Authority: 49 U.S.C. 106(g), 40113, 44701. lighting at an intensity deemed appropriate. inspection of the APU bleed-air line service Inspection aids such as mirror, magnifying aperture specified in paragraph (f)(4) of this § 39.13 [Amended] lenses, etc., may be necessary. Surface AD or within 2,000 landings after the cleaning and elaborate procedures may be effective date of this AD, whichever occurs n 2. The Federal Aviation required.’’ later. Administration (FAA) amends § 39.13 by removing amendment 39–6481 (55 (2) Perform an eddy current inspection for New Requirements of This AD cracks from the outboard side in the Inspection for Sealant and Corrective Action FR 1799, January 19, 1990) and by applicable areas specified in paragraph adding the following new airworthiness (f)(2)(i) or (f)(2)(ii) of this AD, as applicable. (i) Within the time limits specified in directive (AD): (i) For airplanes, manufacturer’s serial paragraph (j) of this AD: Do a general visual inspection of the area between the outer 2006–25–04 Airbus: Amendment 39–14845. number (MSN) 003 through 008 inclusive: Between Stringer (STGR) 25 left hand (LH) attachment angle and circumferential joint Docket No. FAA–2006–25423; doubler to determine if sealant is missing or Directorate Identifier 2006–NM–029–AD. and right hand (RH). (ii) For airplanes, MSN 019 through 305 damaged and do all applicable corrective Effective Date inclusive: Between STGR 26 LH and RH. actions, in accordance with the (3) Perform a detailed inspection for cracks Accomplishment Instructions of Airbus (a) This AD becomes effective January 11, and corrosion of the service apertures in the Service Bulletin A300–53–0218, Revision 03, 2007. rear pressure bulkhead. dated August 3, 2006. Do all applicable corrective actions before further flight. Affected ADs (4) Perform an eddy current inspection for cracks of the apertures for the auxiliary Repeat the inspection thereafter at intervals (b) This AD supersedes AD 90–03–08. power unit (APU) bleed-air and fuel. not to exceed 8,000 landings. Applicability (g) At the applicable time specified in Note 2: For the purposes of this AD, a paragraph (g)(1) or (g)(2) of this AD, do the general visual inspection is: ‘‘A visual (c) This AD applies to all Airbus Model inspections required by paragraph (f) of this examination of an interior or exterior area, A300 airplanes, certificated in any category; AD. installation, or assembly to detect obvious except the following airplanes: (1) For airplanes having accumulated damage, failure, or irregularity. This level of (1) Model A300 B4–601, B4–603, B4–620, 26,000 landings or fewer as of February 23, inspection is made from within touching and B4–622 airplanes; 1990 (the effective date of AD 90–03–08): distance unless otherwise specified. A mirror (2) Model A300 B4–605R and B4–622R Perform the initial inspections required by may be necessary to ensure visual access to airplanes; paragraph (f) of this AD, prior to the all surfaces in the inspection area. This level (3) Model A300 F4–605R and F4–622R accumulation of 24,000 landings or within of inspection is made under normally airplanes; and 2,000 landings after February 23, 1990, available lighting conditions such as (4) Model A300 C4–605R Variant F whichever occurs later. daylight, hangar lighting, flashlight, or droplight and may require removal or airplanes. (2) For airplanes having accumulated more than 26,000 landings as of February 23, 1990: opening of access panels or doors. Stands, Unsafe Condition Perform the initial inspections required by ladders, or platforms may be required to gain proximity to the area being checked.’’ (d) This AD results from reports of paragraph (f) of this AD, within 1,000 corrosion and cracking in the various landings after February 23, 1990. (j) At the applicable time specified in paragraph (j)(1) or (j)(2) of this AD, do the components associated with the rear pressure Repetitive Inspections bulkhead. We are issuing this AD to prevent inspections required by paragraph (i) of this (h) If no cracking or corrosion is found AD. reduced structural capability of the fuselage during the inspections required by paragraph (1) For airplanes having accumulated and consequent decompression of the (f) of this AD, repeat the inspections 26,000 landings or fewer as of the effective airplane. specified in paragraphs (h)(1), (h)(2), (h)(3), date of this AD: Perform the initial inspection Compliance (h)(4), and (h)(5) of this AD thereafter at the required by paragraph (i) of this AD prior to times specified in the paragraphs. the accumulation of 24,000 landings, or (e) You are responsible for having the (1) Repeat the detailed inspections of the within 2,000 landings after the effective date actions required by this AD performed within upper rim area specified in paragraph (f)(1) of this AD, whichever occurs later. the compliance times specified, unless the of this AD thereafter at intervals not to (2) For airplanes having accumulated more actions have already been done. exceed 8,000 landings. than 26,000 landings as of the effective date

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of this AD: Perform the initial inspection AD. Repeat the inspections specified in Airbus Service Bulletin A300–53–0218, required by paragraph (i) of this AD within paragraphs (h), (k), and (l) of this AD Revision 02, dated May 10, 2005, are 1,000 landings after the effective date of this thereafter at the applicable times specified in considered acceptable for compliance with AD. paragraph (h) of this AD. the corresponding actions specified in this (1) Within the times specified in paragraph AD. Additional Inspections (h) of this AD. (k) For airplanes on which the inspections (2) Within 2,000 landings after the effective Alternative Methods of Compliance (AMOCs) specified in paragraphs (f)(2), (f)(4), (h)(2), date of this AD. and (h)(4) of this AD are accomplished after (p)(1) The Manager, International Branch, the effective date of this AD: Where this AD Corrective Actions for Cracking and ANM–116, has the authority to approve requires an eddy current inspection for Corrosion and Repetitive Inspections AMOCs for this AD, if requested in cracks, do a detailed inspection for corrosion (n) If cracking or corrosion is found during accordance with the procedures found in 14 at the same time as the eddy current any inspection required by paragraph (f), (h), CFR 39.19. inspection for cracks, in accordance with the (k), (l) or (m) of this AD, repair prior to (2) Before using any AMOC approved in Accomplishment Instructions of Airbus further flight, in accordance with the accordance with § 39.19 on any airplane to Service Bulletin A300–53–0218, Revision 03, Accomplishment Instructions of Airbus which the AMOC applies, notify the dated August 3, 2006. Service Bulletin A300–53–218, Revision 1, (l) For airplanes on which the inspections dated July 28, 1989; or Airbus Service appropriate principal inspector in the FAA specified in paragraphs (f)(2) and (h)(2) of Bulletin A300–53–0218, Revision 03, dated Flight Standards Certificate Holding District this AD are accomplished after the effective August 3, 2006. As of the effective date of Office. date of this AD: If any crack is found during this AD, do the repair in accordance with the (3) AMOCs approved previously in any inspection required by paragraph (f)(2) or Accomplishment Instructions of Airbus accordance with AD 90–03–08 are not (h)(2), before further flight, do an X-ray Service Bulletin A300–53–0218, Revision 03, approved as AMOCs with this AD. inspection for cracking of the rim area of the dated August 3, 2006; except where the rear pressure bulkhead in the area of STGR service bulletin specifies to contact the Related Information 21 LH and RH in accordance with the manufacturer to repair certain conditions, (q) French airworthiness directive F–2005– Accomplishment Instructions of Airbus this AD requires repairing those conditions 093 R1, dated August 3, 2005, also addresses Service Bulletin A300–53–0218, Revision 03, using a method approved by either the the subject of this AD. dated August 3, 2006. Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA; or the New Repetitive Inspections Material Incorporated by Reference European Aviation Safety Agency (EASA) (or (m) For airplanes on which a repair has its delegated agent). As of the effective date (r) You must use Airbus Service Bulletin been done in accordance with Airbus Service of this AD, repeat the inspections specified A300–53–218, Revision 1, dated July 28, Bulletin A300–53–218, Revision 1, dated July in paragraphs (h), (k), and (l) of this AD 1989; and Airbus Service Bulletin A300–53– 28, 1989; Airbus Service Bulletin A300–53– thereafter at the applicable times specified in 0218, Revision 03, dated August 3, 2006; as 0218, Revision 02, dated May 10, 2005; or paragraph (h) of this AD. applicable; to perform the actions that are Revision 03, dated August 3, 2006; before the Actions Accomplished According to Previous required by this AD, unless the AD specifies effective date of this AD: At the later of the otherwise. Airbus Service Bulletin A300–53– times specified in paragraphs (m)(1) and Issue of Service Bulletin 218, Revision 1, dated July 28, 1989, contains (m)(2) of this AD, do the inspections (o) Actions accomplished before the specified in paragraphs (h), (k), and (l) of this effective date of this AD in accordance with the following effective pages:

Date shown on Page Nos. Revision level shown on page page

1–4, 7, 8, 16, 19–25 ...... Revision 1 ...... July 28, 1989. 5, 6, 9–15, 17, 18 ...... Original ...... February 20, 1989.

The Director of the Federal Register approved DEPARTMENT OF TRANSPORTATION requires x-ray and ultrasonic the incorporation by reference of these inspections to detect corrosion and documents in accordance with 5 U.S.C. Federal Aviation Administration cracking of the splicing of certain 552(a) and 1 CFR part 51. Contact Airbus, 1 structural assemblies, and repair if Rond Point Maurice Bellonte, 31707 Blagnac 14 CFR Part 39 necessary. The actions specified by this Cedex, France, for a copy of this service AD are intended to detect and correct information. You may review copies at the [Docket No. 96–NM–143–AD; Amendment corrosion and cracking of the lower Docket Management Facility, U.S. 39–14843; AD 2006–25–02] Department of Transportation, 400 Seventh wing plank splices and spot-welded Street, SW., Room PL–401, Nassif Building, RIN 2120–AA64 skins of certain structural assemblies, Washington, DC; on the Internet at http:// which could result in reduced dms.dot.gov; or at the National Archives and Airworthiness Directives; Gulfstream controllability of the airplane. This Records Administration (NARA). For Model G–159 Airplanes action is intended to address the information on the availability of this identified unsafe condition. AGENCY: Federal Aviation material at the NARA, call (202) 741–6030, Administration, DOT. DATES: Effective January 11, 2007. or go to http://www.archives.gov/ The incorporation by reference of a _ _ _ _ ACTION: Final rule. federal register/code of federal regulations/ certain publication listed in the ibr_locations.html. SUMMARY: This amendment adopts a regulations is approved by the Director Issued in Renton, Washington, on new airworthiness directive (AD), of the Federal Register as of January 11, November 20, 2006. applicable to all Gulfstream Model 2007. Ali Bahrami, G–159 airplanes, that requires repetitive ADDRESSES: The service information Manager, Transport Airplane Directorate, non-destructive testing inspections to referenced in this AD may be obtained Aircraft Certification Service. detect corrosion of the skin of certain from Gulfstream Aerospace Corporation, [FR Doc. E6–20616 Filed 12–6–06; 8:45 am] structural assemblies, and corrective Technical Publications Dept., P.O. Box BILLING CODE 4910–13–P action if necessary. This AD also 2206, Savannah, Georgia 31402–2206.

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This information may be examined at of rulemaking. This final rule actions actually required by the AD. the Federal Aviation Administration incorporates by reference the document These figures typically do not include (FAA), Transport Airplane Directorate, necessary for the accomplishment of the incidental costs, such as the time Rules Docket, 1601 Lind Avenue, SW., requirements mandated by this AD. required to gain access and close up, Renton, Washington; or at the FAA, Further, we point out that while planning time, or time necessitated by Atlanta Aircraft Certification Office, documents that are incorporated by other administrative actions. One Crown Center, 1895 Phoenix reference do become public information, Regulatory Impact Boulevard, Suite 450, Atlanta, Georgia. they do not lose their copyright FOR FURTHER INFORMATION CONTACT: protection. For that reason, we advise The regulations adopted herein will Michael Cann, Aerospace Engineer, the public to contact the manufacturer not have a substantial direct effect on Airframe Branch, ACE–117A, FAA, to obtain copies of the referenced the States, on the relationship between Atlanta Aircraft Certification Office, service information. No change is the national Government and the States, One Crown Center, 1895 Phoenix necessary to the AD in this regard. or on the distribution of power and responsibilities among the various Boulevard, suite 450, Atlanta, Georgia Request To Publish Appropriate levels of government. Therefore, it is 30349; telephone (770) 703–6038; fax Service Information (770) 703–6097. determined that this final rule does not The same commenter, MARPA, also have federalism implications under SUPPLEMENTARY INFORMATION: A requests that service information Executive Order 13132. proposal to amend part 39 of the Federal necessary to accomplish actions For the reasons discussed above, I Aviation Regulations (14 CFR part 39) to specified in ADs be published in the certify that this action (1) Is not a include an airworthiness directive (AD) Docket Management System (DMS). ‘‘significant regulatory action’’ under that is applicable to all Gulfstream We are currently in the process of Executive Order 12866; (2) is not a Model G–159 airplanes was published reviewing issues surrounding the ‘‘significant rule’’ under DOT as a second supplemental notice of posting of service bulletins on the Regulatory Policies and Procedures (44 proposed rulemaking (NPRM) in the Department of Transportation’s DMS as FR 11034, February 26, 1979); and (3) Federal Register on July 12, 2006 (71 FR part of an AD docket. Once we have will not have a significant economic 39242). That action proposed to require thoroughly examined all aspects of this impact, positive or negative, on a repetitive non-destructive testing issue and have made a final substantial number of small entities inspections to detect corrosion of the determination, we will consider under the criteria of the Regulatory skin of certain structural assemblies, whether our current practice needs to be Flexibility Act. A final evaluation has and corrective action if necessary. That revised. No change is necessary to the been prepared for this action and it is action also proposed to require x-ray AD in this regard. contained in the Rules Docket. A copy and ultrasonic inspections to detect of it may be obtained from the Rules corrosion and cracking of the splicing of Conclusion Docket at the location provided under certain structural assemblies, and repair We have carefully reviewed the the caption ADDRESSES. if necessary. available data, including the comments Interested persons have been afforded received, and determined that air safety List of Subjects in 14 CFR Part 39 an opportunity to participate in the and the public interest require adopting Air transportation, Aircraft, Aviation making of this amendment. Due the AD as proposed in the second safety, Incorporation by reference, consideration has been given to the supplemental NPRM. Safety. comments received. Cost Impact Adoption of the Amendment Request To Incorporate by Reference There are approximately 52 airplanes Service Information of the affected design in the worldwide n Accordingly, pursuant to the authority One commenter, the Modification and fleet. The FAA estimates that 25 delegated to me by the Administrator, Replacement Parts Association airplanes of U.S. registry will be affected the Federal Aviation Administration (MARPA), requests that service by this AD, that it will take amends part 39 of the Federal Aviation documents deemed essential to the approximately between 300 and 450 Regulations (14 CFR part 39) as follows: accomplishment of the proposed action work hours per airplane, depending PART 39—AIRWORTHINESS be incorporated by reference into the upon how many spot-welded skins have DIRECTIVES regulatory instrument. The commenter been replaced with bonded skin panels, states that once a service document is to accomplish the required actions, and n 1. The authority citation for part 39 incorporated by reference into a public that the average labor rate is $80 per continues to read as follows: document such as an airworthiness work hour. Based on these figures, the Authority: 49 U.S.C. 106(g), 40113, 44701. directive (AD), it loses its private, cost impact of this AD on U.S. operators protected status and becomes itself a is estimated to be between $600,000 and § 39.13 [Amended] public document. The commenter also $900,000, or between $24,000 and n 2. Section 39.13 is amended by adding states that there is concern that failure $36,000 per airplane, per inspection the following new airworthiness to incorporate essential service cycle. directive: information could result in a court The cost impact figures discussed decision invalidating the AD. above are based on assumptions that no 2006–25–02 Gulfstream Aerospace We do not agree that documents operator has yet accomplished any of Corporation: Amendment 39–14843. Docket 96–NM–143–AD. should be incorporated by reference the proposed requirements of this AD during the NPRM phase of rulemaking. action, and that no operator would Applicability: All Model G–159 airplanes, certificated in any category. The Office of the Federal Register accomplish those actions in the future if Compliance: Required as indicated, unless requires that documents that are this AD were not adopted. The cost accomplished previously. necessary to accomplish the impact figures discussed in AD To detect and correct corrosion and requirements of the AD be incorporated rulemaking actions represent only the cracking of the lower wing plank splices and by reference during the final rule phase time necessary to perform the specific spot-welded skins of certain structural

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assemblies, which could result in reduced Repair Removal Threshold Publications Dept., P.O. Box 2206, Savannah, controllability of the airplane, accomplish (d) For repairs specified in Appendix A of Georgia 31402–2206. To inspect copies of the following: Gulfstream GI CB 337B, dated August 17, this service information, go to the FAA, Note 1: A note in the Accomplishment 2005: Within 144 months after the date of the Transport Airplane Directorate, 1601 Lind Instructions of the Gulfstream customer repair installation, remove the repaired Avenue, SW., Renton, Washington; to FAA, bulletin instructs operators to contact component and replace it with a new or Atlanta Aircraft Certification Office, One Gulfstream if any difficulty is encountered in serviceable component, in accordance with Crown Center, 1895 Phoenix Boulevard, suite accomplishing the customer bulletin. Gulfstream GI CB 337B, including Appendix 450, Atlanta, Georgia; or to the National However, any deviation from the instructions A, dated August 17, 2005. Archives and Records Administration provided in the customer bulletin must be (NARA). For information on the availability approved as an alternative method of Prior Blending in the Riser Areas of this material at the NARA, call (202) 741– 6030, or go to http://www.archives.gov/ compliance (AMOC) under paragraph (h) of (e) If, during the performance of the federal_register/code_of_federal_regulations/ this AD. inspections required by paragraph (c) or (f) of _ this AD, the inspection reveals that prior ibr locations.html. Non-Destructive Testing Inspections of the blending has been performed on the riser Effective Date Fuselage, Empennage, and Flight Controls areas: Before further flight, perform an eddy (j) This amendment becomes effective on current or fluorescent penetrant inspection, (a) Within 9 months after the effective date January 11, 2007. of this AD, perform a non-destructive test as applicable, to evaluate the blending, and (NDT) to detect corrosion of the skins of the accomplish appropriate corrective actions, in Issued in Renton, Washington, on elevators, ailerons, rudder and rudder trim accordance with the Accomplishment November 20, 2006. tab, flaps, aft lower fuselage, and vertical and Instructions of Gulfstream GI CB 337B, Ali Bahrami, horizontal stabilizers; in accordance with the including Appendix A, dated August 17, Manager, Transport Airplane Directorate, Accomplishment Instructions of Gulfstream 2005. If any blend-out is outside the limits Aircraft Certification Service. specified in the CB, before further flight, GI Customer Bulletin (CB) 337B, including [FR Doc. E6–20620 Filed 12–6–06; 8:45 am] repair in a manner approved by the Manager, Appendix A, dated August 17, 2005. The BILLING CODE 4910–13–P corrosion criteria must be determined by the Atlanta ACO. Manager, Atlanta Aircraft Certification Office For Airplanes with New Lower Wing Planks (ACO), FAA. Gulfstream Tool ST905–377 is (f) For airplanes with new lower wing also an acceptable method of determining the DEPARTMENT OF HEALTH AND planks: Within 144 months after replacement corrosion criteria. HUMAN SERVICES of the lower wing planks with new lower (1) If no corrosion or cracking is detected, wing planks, or within 9 months after the repeat the inspection thereafter at intervals Food and Drug Administration effective date of this AD, whichever occurs not to exceed 18 months. later, perform all of the actions, including all (2) If any corrosion is detected that meets related investigative actions and corrective 21 CFR Part 2 the criteria of ‘‘light’’ or ‘‘mild’’ corrosion, actions, specified in paragraph (c) of this AD. repeat the NDT inspections of that [Docket No. 2006N–0416] component thereafter at intervals not to Reporting Requirement RIN 0910–AF93 exceed 12 months. (g) Within 30 days of performing the (3) If any corrosion is detected that meets inspections required by this AD: Submit a Use of Ozone-Depleting Substances; the criteria of ‘‘moderate’’ corrosion: Within report of inspection findings (both positive Removal of Essential Use 9 months after the initial inspection, repeat and negative) to Gulfstream Aerospace Designations the NDT inspection of that component, and Corporation; Attention: Technical within 18 months since the initial inspection, Operations—Structures Group, Dept. 893, AGENCY: Food and Drug Administration, repair or replace the component with a Mail Station D–25, 500 Gulfstream Road, HHS. serviceable component in accordance with Savannah, Georgia 31408. Information ACTION: Direct final rule. the CB. collection requirements contained in this (4) If any corrosion is detected that meets regulation have been approved by the Office SUMMARY: The Food and Drug the criteria of ‘‘severe’’ corrosion, before of Management and Budget (OMB) under the Administration (FDA) is amending its further flight, replace the component with a provisions of the Paperwork Reduction Act regulation on the use of ozone-depleting serviceable component in accordance with (44 U.S.C. 3501 et seq.) and have been substances (ODSs) in pressurized the CB. assigned OMB Control Number 2120–0056. containers to remove the essential use Existing Repairs Alternative Methods of Compliance designations for beclomethasone, (b) If any existing repairs are found during (h)(1) The Manager, Atlanta ACO, has the dexamethasone, fluticasone, bitolterol, the inspections required by paragraph (a) of authority to approve AMOCs for this AD, if salmeterol, ergotamine tartrate, and this AD, before further flight, ensure that the requested in accordance with the procedures ipratropium bromide used in oral repairs are in accordance with a method found in 14 CFR 39.19. pressurized metered-dose inhalers approved by the Manager, Atlanta ACO. (2) Before using any AMOC approved in (MDIs). Under the Clean Air Act, FDA, accordance with § 39.19 on any airplane to Inspections of the Lower Wing Plank in consultation with the Environmental which the AMOC applies, notify the Protection Agency (EPA), is required to (c) Except as provided in paragraph (f) of appropriate principal inspector in the FAA this AD: Within 9 months after the effective Flight Standards Certificate Holding District determine whether an FDA-regulated date of this AD, perform NDT inspections to Office. product that releases an ODS is detect corrosion and cracking of the lower essential. None of these products is wing plank splices, in accordance with the Incorporation by Reference currently being marketed, which Accomplishment Instructions of Gulfstream (i) Unless otherwise specified in this AD, provides grounds for removing their GI CB 337B, including Appendix A, dated the actions must be done in accordance with essential use designation. We are using August 17, 2005. Gulfstream GI Customer Bulletin 337B, direct final rulemaking for this action (1) If no corrosion or cracking is detected, including Appendix A, dated August 17, because the agency expects that there repeat the NDT inspection at intervals not to 2005. This incorporation by reference was exceed 18 months. approved by the Director of the Federal will be no significant adverse comment (2) If any corrosion or cracking is detected, Register in accordance with 5 U.S.C. 552(a) on the rule. In the proposed rule section before further flight, perform all applicable and 1 CFR part 51. To get copies of this in this issue of the Federal Register, we investigative actions and corrective actions in service information, contact Gulfstream are concurrently proposing and accordance with the customer bulletin. Aerospace Corporation, Technical soliciting comments on this rule. If

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significant adverse comments are heading of the SUPPLEMENTARY FR 48370). Among other provisions, the received, we will withdraw this final INFORMATION section of this document. rule removed the essential use rule and address the comments in a Docket: For access to the docket to designations of various specific subsequent final rule. FDA will not read background documents or products that, at the time the rule was provide additional opportunity for comments received, go to http:// being prepared, were no longer being comment. www.fda.gov/ohrms/dockets/ marketed. The rule went into effect on DATES: The direct final rule is effective default.htm and insert the docket January 20, 2003. That rule also revised § 2.125(g)(1) (21 CFR 2.125(g)(1)) to April 23, 2007, except for number, found in brackets in the provide that if any product that releases § 2.125(e)(4)(v) (21 CFR 2.125(e)(4)(v)), heading of this document, into the an ODS is no longer being marketed, the which is effective August 1, 2007. ‘‘Search’’ box and follow the prompts product may have its essential use Submit written or electronic comments and/or go to the Division of Dockets designation revoked through notice-and- on or before February 20, 2007. If we Management, 5630 Fishers Lane, rm. comment rulemaking. receive no timely significant adverse 1061, Rockville, MD 20852. comments, we will publish a document FOR FURTHER INFORMATION CONTACT: II. Citizen Petition From in the Federal Register before March 22, Martha Nguyen or Wayne H. Mitchell, Glaxosmithkline Center for Drug Evaluation and Research 2007, confirming the effective date of In a citizen petition dated November (HFD–7), Food and Drug the direct final rule. If we receive any 15, 2005, GlaxoSmithKline (GSK) Administration, 5600 Fishers Lane, timely significant adverse comments, requested that MDIs containing the Rockville, MD 20857, 301–594–2041. we will publish a document of single active moieties beclomethasone, significant adverse comment in the SUPPLEMENTARY INFORMATION: fluticasone, and salmeterol be removed Federal Register withdrawing this I. Background from the essential use list of ODSs. GSK direct final rule before April 23, 2007. stated that because beclomethasone, ADDRESSES: You may submit comments, FDA, in consultation with EPA, fluticasone, and salmeterol are no longer identified by Docket No. 2006N–0416 determines whether a medical product being marketed in MDIs that release and RIN Number 0910–AF93, by any of is essential for purposes of Title VI of ODSs, all three active moieties meet the the following methods: the Clean Air Act (42 U.S.C. 7671 et criterion under revised § 2.125(g) for seq.). If a medical product, including a being removed from the essential use Electronic Submissions drug, is determined to be essential and list. GSK requested that the essential use Submit electronic comments in the meets the other elements of the designation for beclomethasone, following ways: definition found in section 601 of the fluticasone, and salmeterol be revoked • Federal eRulemaking Portal: http:// Clean Air Act, the product will be through a direct final rule. www.regulations.gov. Follow the considered a ‘‘medical device.’’ In addition, we have determined that instructions for submitting comments. ‘‘Medical devices’’ are exempt from the dexamethasone, bitolterol, ergotamine • Agency Web site: http:// general prohibition on nonessential uses tartrate, and ipratropium bromide are no www.fda.gov/dockets/ecomments. of chlorofluorocarbons (CFCs) (a class of longer being marketed in MDIs that Follow the instructions for submitting ODSs) found in section 610 of the Clean release ODSs, which provides grounds comments on the agency Web site. Air Act. ODSs produced for use in for removing their essential use ‘‘medical devices’’ may also be exempt, designation. Written Submissions if other conditions are met, from the Submit written submissions in the general prohibitions on production and III. Direct Final Rulemaking following ways: consumption of ODSs found in sections We have determined that the subject • FAX: 301–827–6870. 604 and 605 of the Clean Air Act. of this rulemaking is suitable for a direct • Mail/Hand delivery/Courier [For In 1978, we published a rule listing final rule. The actions taken should be paper, disk, or CD–ROM submissions]: several essential uses of CFCs and noncontroversial, and the agency does Division of Dockets Management (HFA– providing criteria for adding new not anticipate receiving any significant 305), Food and Drug Administration, essential uses (43 FR 11301 at 11316, adverse comments on this rule. 5630 Fishers Lane, rm. 1061, Rockville, March 17, 1978). The rule was codified However, in the even that significant MD 20852. as § 2.125 (21 CFR 2.125) and § 2.125 adverse comment is received, we are To ensure more timely processing of was amended at various times to add also publishing a companion proposed comments, FDA is no longer accepting new essential uses. rule to satisfy the requirement under comments submitted to the agency by e- Over the years, alternatives were § 2.125(g) that essential uses be removed mail. FDA encourages you to continue developed to ODS products whose uses through notice-and-comment to submit electronic comments by using were listed in § 2.125 as being essential, rulemaking. the Federal eRulemaking Portal or the while other listed ODS products were If we receive no significant adverse agency Web site, as described in the removed from the market. In light of comment, we will publish a document Electronic Submissions portion of this these facts, and in furtherance of our in the Federal Register, confirming the paragraph. obligations under the Clean Air Act and effective date of the direct final rule. A Instructions: All submissions received the Montreal Protocol on Substances significant adverse comment is one that must include the agency name and that Deplete the Ozone Layer explains why the rule would be docket number and Regulatory (September 16, 1987, 26 I.L.M. 1541 inappropriate, including challenges to Information Number (RIN) for this (1987)), we determined that it would be the rule’s underlying premise or rulemaking. All comments received will appropriate to revise § 2.125 to remove approach, or would be ineffective or be posted without change to http:// the essential use designations of some unacceptable without a change. A www.fda.gov/ohrms/dockets/ products and provide criteria for the comment recommending a rule change default.htm, including any personal removal of additional essential use in addition to this rule will not be information provided. For additional designations in the future. Thus, the considered a significant adverse information on submitting comments, rule revising § 2.125 was published in comment, unless the comment states see the ‘‘Request for Comments‘‘ the Federal Register of July 24, 2002 (67 why this rule would be ineffective

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without the additional change. If timely bromide from the list of essential use 25, 2002, Schering informed us that they significant adverse comments are drugs found in § 2.125(e) (21 CFR were removing VANCERIL 42 µg/inh received, we will publish a notice of 2.125(e)). Essential uses for metered- from the market. On April 14, 2005, significant adverse comment in the dose corticosteroid human drugs for oral Schering requested withdrawal of Federal Register withdrawing this inhalation, metered-dose short-acting approval of NDA 17–573 for VANCERIL direct final rule within 30 days after the adrenergic bronchodilator human drugs 42 µg/inh. comment period ends. for oral inhalation, and metered-dose B. Dexamethasone Elsewhere in this issue of the Federal salmeterol, ergotamine tartrate, and Register, we are publishing a ipratropium bromide drug products for Oral pressurized MDIs that contain companion proposed rule, identical in oral inhalation, are listed in dexamethasone are listed in substance to this direct final rule, that § 2.125(e)(1), (e)(2), and (e)(4) by active § 2.125(e)(1)(ii) as an essential use. provides a procedural framework from moiety. ‘‘Active moiety’’ is defined in DEXACORT ORAL MDI is the only oral which to proceed with standard notice 21 CFR 314.108(a) as follows: ‘‘the pressurized MDI that has been marketed and comment rulemaking in the event molecule or ion, excluding those and contains dexamethasone with an the direct final rule is withdrawn appended portions of the molecule that ODS. On September 13, 2002, Celltech because of significant adverse comment. cause the drug to be an ester, salt Pharmaceuticals, Inc., the manufacturer The comment period for the direct final (including a salt with hydrogen or of DEXACORT ORAL MDI, requested rule runs concurrently with that of the coordination bonds), or other that we withdraw approval of NDA 01– companion proposed rule. Any noncovalent derivative (such as a 3413 for DEXACORT ORAL MDIs and comments received under the complex, chelate, or clathrate) of the informed us that they had stopped companion proposed rule will be molecule, responsible for the marketing DEXACORT ORAL MDIs on treated as comments regarding the direct physiological or pharmacological action August 15, 1996. of the drug substance.’’ final rule. Likewise, significant adverse C. Fluticasone comments submitted to the direct final MDIs that contain the active moieties rule will be considered as comments to beclomethasone, dexamethasone, Oral pressurized MDIs that contain the companion proposed rule, and we fluticasone, bitolterol, salmeterol, fluticasone are listed in § 2.125(e)(1)(iv) will consider those comments in ergotamine tartrate, and ipratropium as an essential use. FLOVENT CFC MDI developing a final rule. We will not bromide, use certain forms of these is the only oral pressurized MDI that has provide additional opportunity for moieties. Specifically, MDIs that have been marketed and contains fluticasone comment on the companion proposed beclomethasone or fluticasone as their with an ODS. GSK, the manufacturer of rule. active moieties use those moieties in the FLOVENT CFC MDIs, has informed us If a significant adverse comment forms of beclomethasone dipropionate that they stopped marketing FLOVENT applies to part of this rule and that part and fluticasone propionate, CFC MDIs in November 2004. respectively. Similarly, MDIs that have may be severed from the remainder of D. Bitolterol the rule, we may adopt as final those dexamethasone, bitolterol, or salmeterol Oral pressurized MDIs that contain parts of the rule that are not the subject as their active moieties use those bitolterol are listed in § 2.125(e)(2)(ii) as of a significant adverse comment. A full moieties in the forms of dexamethasone an essential use. TORNALATE MDI is description of our policy on direct final sodium phosphate, bitolterol mesylate, the only oral pressurized MDI that has rule procedures may be found in a and salmeterol xinafoate, respectively. Ergotamine tartrate is a salt of been marketed and contains bitolterol guidance document published in the ergotamine, and it was used in oral with an ODS. On January 28, 2003, Federal Register of November 21, 1997 MDIs for the treatment of migraines. Its Sanofi-Synthelabo, Inc., the (62 FR 62466). essential use designation is for the manufacturer of TORNALATE MDIs, IV. Beclomethasone, Dexamethasone, ergotamine tartrate salt rather than the informed us that they had stopped Fluticasone, Bitolterol, Salmeterol, active moiety ergotamine. marketing TORNALATE MDIs on Ergotamine Tartrate, and Ipratropium October 1, 2000. A. Beclomethasone Bromide Oral pressurized MDIs that contain E. Salmeterol The manufacturers of all approved beclomethasone are listed in Metered-dose salmeterol drug beclomethasone, dexamethasone, § 2.125(e)(1)(i) as an essential use. products are listed in § 2.125(e)(4)(i) as fluticasone, bitolterol, salmeterol, BECLOVENT and VANCERIL are the an essential use. SEREVENT MDI is the ergotamine tartrate, and ipratropium only two oral pressurized MDIs that only metered-dose salmeterol drug bromide oral pressurized MDIs have been marketed and contain product with an ODS that has been containing an ODS have provided beclomethasone with an ODS. On marketed. GSK, the manufacturer of information that leads us to conclude January 10, 2002, GSK, the SEREVENT MDIs, has informed us that that they have removed these products manufacturer of BECLOVENT, they stopped marketing SEREVENT from the market.1 Accordingly, we are requested that we withdraw approval of MDIs in January 2003. amending our regulation to remove their new drug application (NDA) for beclomethasone, dexamethasone, BECLOVENT ODS MDIs (NDA 18–153) F. Ergotamine Tartrate fluticasone, bitolterol, salmeterol, and informed us that they had stopped Oral pressurized MDIs that contain ergotamine tartrate, and ipratropium marketing BECLOVENT ODS MDIs. On ergotamine tartrate are listed in May 2, 2001, Schering-Plough Corp. § 2.125(e)(4)(ii) as an essential use. 1 The drug products discussed in this direct final rule were all approved for marketing under section (Schering), the manufacturer of MEDIHALER ERGOTAMINE is the only 505 of the Federal Food, Drug, and Cosmetic Act VANCERIL, requested that we withdraw oral pressurized MDI that has been (21 U.S.C. 355). We are unaware of any unapproved approval of NDA, for VANCERIL ODS marketed and contains ergotamine beclomethasone, dexamethasone, fluticasone, MDIs, 84 micrograms per inhalation (µg/ tartrate with an ODS. 3M bitolterol, salmeterol, ergotamine tartrate, and inh), and informed us that they had Pharmaceuticals, the manufacturer of ipratropium bromide oral pressurized MDIs using µ an ODS as a propellant that are marketed in the stopped marketing VANCERIL 84 g/inh MEDIHALER ERGOTAMINE, has United States. MDIs in November 1999. Also, on July informed us that they stopped

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marketing MEDIHALER ERGOTAMINE necessary, to select regulatory comments on the federalism in November 1991. approaches that maximize net benefits implications of this direct final rule. (including potential economic, G. Ipratropium Bromide IX. Request for Comments environmental, public health and safety, Oral pressurized MDIs that contain and other advantages; distributive Interested persons may submit to the ipratropium bromide are listed in impacts; and equity). The agency Division of Dockets Management (see § 2.125(e)(4)(v) as an essential use. believes that this direct final rule is not ADDRESSES) written or electronic ATROVENT CFC MDI is the only oral a significant regulatory action as defined comments regarding this document. pressurized MDI that has been marketed by the Executive order. Submit a single copy of electronic and contains ipratropium bromide with The Regulatory Flexibility Act comments or two copies of any written an ODS. Boehringer Ingelheim requires agencies to analyze regulatory comments are to be submitted, except Pharmaceuticals, the manufacturer of options that would minimize any that individuals may submit one paper ATROVENT CFC MDI, has informed us significant impact of a rule on small copy. Comments are to be identified that they stopped marketing entities. Because we are removing the with the docket number found in ATROVENT CFC MDIs in January 2006. essential use designations for certain brackets in the heading of this This direct final rule does not affect drug products that are either no longer document. Received comments may be MDIs containing ipratropium bromide being marketed or are no longer being seen in the Division of Dockets and albuterol sulfate in combination, marketed in a formulation containing Management between 9 a.m. and 4 p.m., marketed as COMBIVENT, which are ODSs, the agency certifies that the direct Monday through Friday. listed in § 2.125(e)(4)(viii) as a separate final rule will not have a significant essential use. economic impact on a substantial List of Subjects in 21 CFR Part 2 number of small entities. H. Wholesale and Retail Stocks Administrative practice and Section 202(a) of the Unfunded procedure, Cosmetics, Drugs, Foods. Based on information given to us by Mandates Reform Act of 1995 requires the manufacturers, we have concluded that agencies prepare a written n Therefore, under the Federal Food, that any beclomethasone, statement, which includes an Drug, and Cosmetic Act, the Clean Air dexamethasone, fluticasone, bitolterol, assessment of anticipated costs and Act, and under authority delegated to salmeterol, and ergotamine tartrate ODS benefits, before proposing ‘‘any rule that the Commissioner of Food and Drugs, MDIs that may be in retail or wholesale includes any Federal mandate that may after consultation with the stocks will have passed their expiration result in the expenditure by State, local, Administrator of the Environmental dates by the effective date for removal and tribal governments, in the aggregate, Protection Agency, 21 CFR part 2 is of § 2.125(e)(1)(i), (e)(1)(ii), (e)(1)(iv), or by the private sector, of $100,000,000 amended as follows: (e)(2)(ii), (e)(4)(i), and (e)(4)(ii). or more (adjusted annually for inflation) PART 2—GENERAL ADMINISTRATIVE Boehringer Ingelheim Pharmaceuticals, in any one year.’’ The current threshold RULINGS AND DECISIONS the manufacturer of ipratropium after adjustment for inflation is $118 bromide, has informed us that any million, using the most current (2004) n 1. The authority citation for 21 CFR ipratropium bromide that may be in Implicit Price Deflator for the Gross part 2 continues to read as follows: retail or wholesale stocks will have Domestic Product. FDA does not expect passed its expiration date by July 2007. this direct final rule to result in any 1- Authority: 15 U.S.C. 402, 409; 21 U.S.C. Accordingly, we have set the effective year expenditure that would meet or 321, 331, 335, 342, 343, 346a, 348, 351, 352, date for removal of § 2.125(e)(4)(v) as exceed this amount. 355, 360b, 361, 362, 371, 372, 374; 42 U.S.C. 7671 et seq. August 1, 2007. VII. The Paperwork Reduction Act of § 2.125 [Amended] V. Environmental Impact 1995 We have carefully considered, under This direct final rule contains no n 2. Section 2.125 is amended by 21 CFR part 25, the potential collections of information. Therefore, removing and reserving paragraphs environmental effects of this action. We clearance by the Office of Management (e)(1)(i), (e)(1)(ii), (e)(1)(iv), (e)(2)(ii), have concluded that the action will not and Budget under the Paperwork (e)(4)(i), (e)(4)(ii), and (e)(4)(v). have a significant impact on the human Reduction Act of 1995 is not required. Dated: October 13, 2006. environment and that an environmental VIII. Federalism Jeffrey Shuren, impact statement is not required. Our Assistant Commissioner for Policy. FDA has analyzed this direct final finding of no significant impact and the [FR Doc. E6–20797 Filed 12–6–06; 8:45 am] evidence supporting that finding, rule in accordance with the principles BILLING CODE 4160–01–S contained in an environmental set forth in Executive Order 13132. FDA assessment, may be seen in the Division has determined that the rule does not of Dockets Management (see ADDRESSES) contain policies that have substantial DEPARTMENT OF HEALTH AND between 9 a.m. and 4 p.m., Monday direct effects on the States, on the HUMAN SERVICES through Friday. relationship between the National Government and the States, or on the Food and Drug Administration VI. Analysis of Impacts distribution of power and FDA has examined the impacts of the responsibilities among the various 21 CFR Part 80 direct final rule under Executive Order levels of government. Accordingly, the 12866 and the Regulatory Flexibility Act agency has concluded that the rule does [Docket No. 2005N–0077] (5 U.S.C. 601–612), and the Unfunded not contain policies that have Mandates Reform Act of 1995 (Public federalism implications as defined in Color Additive Certification; Increase Law 104–4). Executive Order 12866 the Executive order and, consequently, in Fees for Certification Services directs agencies to assess all costs and we do not plan to prepare a federalism benefits of available regulatory summary impact statement for this AGENCY: Food and Drug Administration, alternatives and, when regulation is rulemaking procedure. We invite HHS.

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ACTION: Interim final rule; technical www.fda.gov/ohrms/dockets/ at the time of publication. The agency amendment; reopening of comment default.htm, including any personal made the document available at the period. information provided. For additional Division of Dockets Management (see information on submitting comments, ADDRESSES) on May 16, 2005. SUMMARY: The Food and Drug see the ‘‘Comments’’ heading of the III. Fee Listing Typographical Error Administration (FDA) is amending an SUPPLEMENTARY INFORMATION section of interim final rule (IFR) that was this document. The agency is also amending the published in the Federal Register of Docket: For access to the docket to March 29, 2005, IFR (70 FR 15755 at March 29, 2005 (70 FR 15755). The IFR read background documents or 15756) regarding fees for repacks of amended the color additive regulations comments received, go to http:// certified color additives and color by increasing the fees for certification www.fda.gov/ohrms/dockets/ additive mixtures. Before issuance of services. The IFR was published with default.htm and insert the docket the IFR, § 80.10(b) provided, in relevant one typographical error regarding fees number(s), found in brackets in the part, ‘‘Fees for repacks of certified color for repacks of certified color additives heading of this document, into the additives and color additive mixtures. and color additive mixtures. FDA also ‘‘Search’’ box and follow the prompts The fees for the services provided under inadvertently omitted the color and/or go to the Division of Dockets the regulations in this part in the case certification fee study referenced in the Management, 5630 Fishers Lane, rm. of each request for certification * * * IFR from the docket at the time of 1061, Rockville, MD 20852. shall be: * * * (2) Over 100 pounds but not over 1,000 pounds—$30 plus six publication. This document corrects the FOR FURTHER INFORMATION CONTACT: typographical error in the fees for cents for each pound over 100 pounds’’ Kathleen Klausing, Division of Budget repacks of certified color additives and (emphasis added). In revising that Execution (HFA–140), Food and Drug color additive mixtures, announces the portion of the codified, we intended to Administration, 5600 Fishers Lane, availability of the referenced color increase the fees for repacks of certified Rockville, MD 20857, 301–827–7021; certification fee study, and provides for color additives and color additive and Theodor J. Dougherty, Division of additional time to submit comments. mixtures for the first 100 pounds, i.e., Accounting (HFA–120), Food and Drug from $30 to $35, but maintain the fee of DATES: This amendment is effective Administration, 5600 Fishers Lane, 6 cents for each pound over 100 pounds. January 8, 2007. Submit written or Rockville, MD 20857, 301–827–5032. However, we inadvertently specified electronic comments by February 5, SUPPLEMENTARY INFORMATION: 2007. ‘‘$0.05’’ rather than specifying ‘‘$0.06.’’ I. Background This provision should read, in relevant ADDRESSES: You may submit comments, part, ‘‘(2) Over 100 pounds but not over identified by Docket No. 2005N–0077, In the Federal Register of March 29, 1,000 pounds—$35 plus $0.06 for each by any of the following methods: 2005 (70 FR 15755), FDA issued an IFR pound over 100 pounds.’’ FDA is Electronic Submissions to amend the color additive regulations correcting this typographical error in the Submit electronic comments in the by increasing the fees for certification codified language by way of this following ways: services in 21 CFR 80.10. The change in technical amendment. • Federal eRulemaking Portal: http:// fees was necessary so that FDA could www.regulations.gov. Follow the continue to provide, maintain, and IV. Analysis of Impacts instructions for submitting comments. equip an adequate color certification FDA has examined the impacts of the • Agency Web site: http:// program as required by section 721(e) of March 29, 2005, IFR under Executive www.fda.gov/dockets/ecomments. the Federal Food, Drug, and Cosmetic Order 12866 and the Regulatory Follow the instructions for submitting Act (the act) (21 U.S.C. 379(e)). The fees Flexibility Act (5 U.S.C. 601–612), and comments on the agency Web site. are intended to recover the full costs of the Unfunded Mandate Reforms Written Submissions operation of FDA’s color certification Flexibility Act (Public Law 104–4) (70 Submit written submissions in the program. The IFR went into effect on FR 15755 at 15756). Based on this following ways: April 28, 2005. FDA requested written analysis of the impact of the IFR, the • FAX: 301–827–6870. or electronic comments by May 31, technical amendment to the IFR • Mail/Hand delivery/Courier [For 2005. described in section III would generate paper, disk, or CD–ROM submissions]: FDA subsequently discovered: (1) a cost of $0 to $2,000 per year. Division of Dockets Management (HFA– That the referenced 2003 color Therefore, this technical amendment is 305), Food and Drug Administration, certification fee study had inadvertently not a significant regulatory action as 5630 Fishers Lane, rm. 1061, Rockville, been omitted from the docket and (2) defined by the Executive Order. MD 20852. that there was a typographical error The technical amendment does not To ensure more timely processing of regarding the fees for repacks of necessitate a change in our certification, comments, FDA is no longer accepting certified color additives and color under the Regulatory Flexibility Act. comments submitted to the agency by e- additive mixtures in the codified The IFR, as amended, will not have a mail. FDA encourages you to continue portion of the IFR. significant economic impact on a to submit electronic comments by using II. 2003 Color Certification Fee Study substantial number of small entities. In the Federal eRulemaking Portal or the addition, the IFR, as amended, does not agency Web site, as described in the The agency has made available the change our expectation that this rule Electronic Submissions portion of this color certification fee study that will not result in any 1-year expenditure paragraph. describes the cost estimates reflected in that would meet or exceed the threshold Instructions: All submissions received the March 29, 2005, IFR. FDA stated in amount triggering a written statement must include the agency name and the IFR that the document entitled under the Unfunded Mandates Reform Docket No(s). and Regulatory ‘‘2003 Color Certification Fee Study’’ is Act. Information Number (RIN) (if a RIN on file at the Division of Dockets number has been assigned) for this Management. FDA subsequently V. Environmental Impact rulemaking. All comments received may discovered that we had inadvertently The agency has determined under 21 be posted without change to http:// omitted the document from the docket CFR 25.22(a) that, as amended in this

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document, the March 29, 2005, IFR is of (2) Over 100 pounds but not over PART 1—INCOME TAXES a type that does not individually or 1,000 pounds—$35 plus $0.06 for each cumulatively have a significant effect on pound over 100 pounds. n Paragraph 1. The authority citation for part 1 continues to read, in part, as the human environment. Therefore, * * * * * neither an environmental assessment follows: Dated: November 29, 2006. nor an environmental impact statement Authority: 26 U.S.C. 7805 * * * is required. Jeffrey Shuren, Assistant Commissioner for Policy. n Par. 2. Section 1.41–6 is amended by VI. Opportunity for Public Comment [FR Doc. E6–20800 Filed 12–6–06; 8:45 am] revising paragraph (j)(2), last sentence to read as follows: Under 5 U.S.C. 553(b)(B) and 21 CFR BILLING CODE 4160–01–S 10.40(e), FDA found in the March 29, § 1.41–6 Aggregation of expenditures. 2005, IFR that providing for notice and (j) * * * public comment before the DEPARTMENT OF THE TREASURY (2) * * * For taxable years ending on establishment of these fees, and for or after May 24, 2005, and before revising the basis on which these fees Internal Revenue Service November 9, 2006, see § 1.41–6T(d) as are calculated, is contrary to the public contained in 26 CFR part 1, revised interest (70 FR 15755 at 15756). FDA 26 CFR Part 1 April 1, 2006. continues to find it necessary to implement the amended fee increase as n Par. 3. Section 1.41–8 is amended by soon as possible to preserve adequate [TD 9296] revising paragraph (b)(5), last sentence funds for the program. The agency to read as follows: believes, however, that it is appropriate RIN 1545–BD60 § 1.41–8 Special rules for taxable years to invite and consider additional public ending on or after November 9, 2006. comments on these requirements. Any Credit for Increasing Research comments already received by FDA on Activities; Correction (b) * * * the March 29, 2005, IFR do not need to (5) * * * For taxable years ending on AGENCY: Internal Revenue Service (IRS), be resubmitted to the agency. The or after May 24, 2005, and before Treasury. agency is considering them at this time November 9, 2006, see § 1.41–8T(b)(5) and will address them at a later date. ACTION: Correcting amendments. as contained in 26 CFR part 1, revised April 1, 2006. Interested persons may submit to the SUMMARY: This document contains Division of Dockets Management (see LaNita Van Dyke, corrections to final regulations (TD ADDRESSES) written or electronic Chief, Publications and Regulations Branch, 9296) that were published in the comments regarding this document. Legal Processing Division, Associate Chief Federal Register on Thursday, Submit a single copy of electronic Counsel (Procedure and Administration). November 9, 2006 (71 FR 65722) comments or two paper copies of any [FR Doc. E6–20732 Filed 12–6–06; 8:45 am] relating to the computation and mailed comments, except that BILLING CODE 4830–01–P allocation of the credit for increasing individuals may submit one paper copy. research activities for members of a Comments are to be identified with the controlled group of corporations or a docket number found in brackets in the DEPARTMENT OF THE TREASURY group of trades or businesses under heading of this document. Received common control. comments may be seen in the Division Internal Revenue Service of Dockets Management between 9 a.m. DATES: This correction is effective and 4 p.m., Monday through Friday. November 9, 2006. 26 CFR Part 1 List of Subjects in 21 CFR Part 80 FOR FURTHER INFORMATION CONTACT: [TD 9273] Nicole R. Cimino (202) 622–3120 (not a Color additives, Cosmetics, Drugs, toll-free number). RIN 1545–AX65 Reporting and recordkeeping SUPPLEMENTARY INFORMATION: requirements. Stock Transfer Rules: Carryover of Background n Therefore, under the Federal Food, Earnings and Taxes; Correction Drug, and Cosmetic Act and under The final regulations that are the AGENCY: Internal Revenue Service (IRS), authority delegated to the Commissioner subject of this correction are under Treasury. of Food and Drugs, 21 CFR part 80 is section 41 of the Internal Revenue Code. ACTION: Correcting amendments. amended as follows: Need for Correction SUMMARY: This document contains PART 80—COLOR ADDITIVE As published, final regulations (TD correction to final regulations (TD 9273) CERTIFICATION 9296) contain errors that may prove to that were published in the Federal be misleading and are in need of Register on Tuesday, August 8, 2006 (71 n 1. The authority citation for 21 CFR clarification. FR 44887) addressing the carryover of part 80 continues to read as follows: List of Subjects in 26 CFR Part 1 certain tax attributes, such as earnings Authority: 21 U.S.C. 371, 379e. and profits and foreign income tax n 2. Section 80.10 is amended by Income taxes, Reporting and accounts, when two corporations revising paragraph (b) (2) to read as recordkeeping requirements. combine in a corporate reorganization or liquidation that is described in both follows: Correction of Publication section 367(b) and section 381 of the § 80.10 Fees for certification services. n Accordingly, 26 CFR part 1 is Internal Revenue Code. * * * * * corrected by making the following DATES: The correction is effective (b) * * * amendments: August 8, 2006.

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FOR FURTHER INFORMATION CONTACT: Correction of Publication (f) * * * Jeffrey L. Parry, (202) 622–3850 (not a (1) * * * n Accordingly, 26 CFR part 1 is toll-free number). corrected by making the following (iii) * * * SUPPLEMENTARY INFORMATION: Example 1 *** correcting amendments: (A) * * * The 100u offset under section Background 952(c)(1)(B) does not result in a reduction of PART 1—INCOME TAXES the hovering deficit for purposes of section The final regulations that are the n Paragraph 1. The authority citation 316 or section 902. subject of this correction are under for part 1 continues to read, in part, as (B) Foreign surviving corporation A’s 100u sections 367(b) and 381 of the Internal follows: of subpart F income not included in income Revenue Code. by USP will accumulate and be added to its Authority: 26 U.S.C. 7805 * * * post-1986 undistributed earnings as of the Need for Correction beginning of 2009. This 100u of post- n Par. 7. Section 1.367(b)–7(f)(1)(iii) transaction earnings will be offset by the As published, final regulations (TD Example 1 (iii) is amended by (100u) hovering deficit. Because the amount 9273) contain errors that may prove to revising the last sentence of paragraph of earnings offset by the hovering deficit is be misleading and are in need of (A) and paragraph (B) to read as follows: 100% of the total amount of the hovering clarification. deficit, all $25 of the related taxes are added § 1.367(b)–7 Carryover of earnings and to the post-1986 foreign income taxes pool as List of Subjects in 26 CFR Part 1 profits and foreign income taxes in certain well. Accordingly, foreign surviving foreign-to-foreign non-recognition corporation A has the following post-1986 Income taxes, Reporting and transactions. undistributed earnings and post-1986 foreign recordkeeping requirements. * * * * * income taxes on January 1, 2009:

Earnings & profits Foreign taxes Foreign Separate category Foreign taxes asso- Positive Hovering taxes ciated with E&P deficit available hovering deficit

General ...... 0u (0u) $45 $0

* * * * * FOR FURTHER INFORMATION CONTACT: in numerical order to read in part as Concerning §§ 1.199–2T(e)(2) and follows: LaNita Van Dyke, 1.199–8T(i)(5), Paul Handleman or Authority: 26 U.S.C. 7805 * * * Chief, Publications and Regulations Branch, Lauren Ross Taylor, (202) 622–3040; Legal Processing Division, Associate Chief Section 1.199–5T also issued under 26 Counsel (Procedure and Administration). concerning §§ 1.199–3T(i)(7) and (8), U.S.C. 199(d). * * * and 1.199–5T, Martin Schaffer, (202) [FR Doc. E6–20728 Filed 12–6–06; 8:45 am] Section 1.199–7T also issued under 26 622–3080; and concerning §§ 1.199– U.S.C. 199(d). * * * BILLING CODE 4830–01–P 7T(b)(4) and 1.199–8T(i)(6), Ken Cohen, (202) 622–7790 (not toll-free numbers). n Par. 4. Section 1.199–2T(e)(2) is DEPARTMENT OF THE TREASURY SUPPLEMENTARY INFORMATION: amended by revising the eleventh sentence of Example 2 paragraph (i) and Background Internal Revenue Service the seventh sentence of Example 5 The final and temporary regulations paragraph (iv) to read as follows: 26 CFR Part 1 that are the subject of this correction are § 1.199–2T Wage limitation (temporary). [TD 9293] under section 199 of the Internal Revenue Code. Example 2. *** RIN 1545–BF88 (i) * * * For Y’s taxable year ending April Need for Correction TIPRA Amendments to Section 199; 30, 2011, the total square footage of Y’s Correction As published, final and temporary headquarters is 8,000 square feet, of which regulations (TD 9293) contain errors that 2,000 square feet is set aside for domestic AGENCY: Internal Revenue Service (IRS), may prove to be misleading and are in production activities. * * * Treasury. need of clarification. Example 5. *** ACTION: Correcting amendments. (iv) * * * The EAG’s tentative section 199 List of Subjects in 26 CFR Part 1 deduction is $360,000 (.09 × (lesser of SUMMARY: This document contains Income taxes, Reporting and combined QPAI of $4,000,000 (B’s QPAI of corrections to final and temporary recordkeeping requirements. $4,000,000 + S’s QPAI of $0) or combined regulations (TD 9293) that were taxable income of $4,200,000 (B’s taxable published in the Federal Register on Correction of Publication income of $4,000,000 + S’s taxable income of Thursday, October 19, 2006 (71 FR $200,000))) subject to the W–2 wage 61662) concerning the amendments n Accordingly, 26 CFR part 1 is limitation of $50,000 (50% × ($100,000 (B’s made by the Tax Increase Prevention corrected by making the following W–2 wages) + $0 (S’s W–2 wages))). * * * and Reconciliation Act of 2005 to amendments: section 199 of the Internal Revenue n Par. 8. Section 1.199–5T is amended PART 1—INCOME TAXES Code. by revising sentences eight through ten DATES: This correction is effective n Paragraph 1. The authority citation of paragraph (e)(4)(ii)(A) and revising October 19, 2006. for part 1 is amended by adding entries paragraph (g) to read as follows:

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§ 1.199–5T Application of section 199 to from this latter disposition are treated as n Par. 2. Section 1.704–1 is amended by pass-thru entities for taxable years non-DPGR. revising instructional Par. 2, number 2 beginning after May 17, 2006, the enactment * * * * * to read as follows: date of the Tax Increase Prevention and 1. * * * Reconciliation Act of 2005 (temporary). LaNita Van Dyke, 2. The heading and text of paragraphs (e) * * * Chief, Publications and Regulations Branch, (b)(1)(ii)(b), and (b)(5) Examples 25 Legal Processing Division, Associate Chief through 27 are revised. (4) * * * Counsel (Procedure and Administration). * * * * * (ii) * * * [FR Doc. E6–20724 Filed 12–6–06; 8:45 am] n Par. 3. Section 1.704–1(d)(5) is (A) * * * In this step, in this BILLING CODE 4830–01–P example, the portion of the trustee amended by revising Example 25 commissions not directly attributable to paragraph (ii), the ninth sentence and the rental operation ($2,000) is directly DEPARTMENT OF THE TREASURY Example 26 paragraph (ii), the eighth attributable to non-trade or business sentence to read as follows: Internal Revenue Service activities. In addition, the state income § 1.704–1 Partner’s distributive share. and personal property taxes are not * * * * * directly attributable under § 1.652(b)– 26 CFR Part 1 3(a) to either trade or business or non- [TD 9292] Example 25. *** trade or business activities, so the (ii) * * * Accordingly, the country X taxes portion of those taxes not attributable to RIN 1545–BB11 will be reallocated according to the partners’ interests in the partnership. either the PRS interests or the rental Partner’s Distributive Share: Foreign Example 26. *** operation is not a trade or business Tax Expenditures; Correction (ii) * * * Because AB’s partnership expense and, thus, is not taken into agreement allocates the $80,000 of country X account in computing QPAI. The AGENCY: Internal Revenue Service (IRS), taxes and $40,000 of country Y taxes in portion of the state income and personal Treasury. proportion to the distributive shares of property taxes that is treated as an other ACTION: Correcting amendments. income to which such taxes relate, the trade or business expense is $3,000 allocations are deemed to be in accordance ($5,000 × $30,000 total trade or business SUMMARY: This document contains with the partners’ interests in the partnership gross receipts/$50,000 total gross correction to final regulations (TD 9292) under paragraph (b)(4)(viii) of this section. receipts). * * * that were published in the Federal * * * * * Register on Thursday, October 19, 2006 * * * * * LaNita Van Dyke, (71 FR 61648) regarding the allocation (g) No attribution of qualified of creditable foreign tax expenditures by Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief activities. Except as provided in partnerships. § 1.199–3T(i)(7) regarding qualifying in- Counsel (Procedure and Administration). DATES: The correction is effective [FR Doc. E6–20722 Filed 12–6–06; 8:45 am] kind partnerships and § 1.199–3T(i)(8) October 19, 2006. regarding EAG partnerships, an owner BILLING CODE 4830–01–P FOR FURTHER INFORMATION CONTACT: of a pass-thru entity is not treated as conducting the qualified production Timothy J. Leska, (202) 622–3050 or activities of the pass-thru entity, and Michael I. Gilman (202) 622–3850 (not DEPARTMENT OF HOMELAND vice versa. This rule applies to all toll-free numbers). SECURITY partnerships, including partnerships SUPPLEMENTARY INFORMATION: Coast Guard that have elected out of subchapter K Background under section 761(a). Accordingly, if a partnership manufactures QPP within The correction notice that is the 33 CFR Part 117 subject of this document is under the United States, or produces a [CGD08–06–005] qualified film or produces utilities in section 704 of the Internal Revenue the United States, and distributes or Code. RIN 1625–AA09 leases, rents, licenses, sells, exchanges, Need for Correction Drawbridge Operation Regulations; or otherwise disposes of such property As published, final regulations (TD Arkansas Waterway, Arkansas to a partner who then, without 9292) contain errors that may prove to performing its own qualifying activity, be misleading and are in need of AGENCY: Coast Guard, DHS. leases, rents, licenses, sells, exchanges, clarification. ACTION: Final rule. or otherwise disposes of such property, then the partner’s gross receipts from List of Subjects in 26 CFR Part 1 SUMMARY: The Coast Guard is revising this latter lease, rental, license, sale, Income taxes, Reporting and the drawbridge operations for the Rob exchange, or other disposition are recordkeeping requirements. Roy Drawbridge across the Arkansas treated as non-DPGR. In addition, if a Waterway at Mile 67.4 at Pine Bluff, partner manufactures QPP within the Correction of Publication Arkansas, the Baring Cross Railroad United States, or produces a qualified n Accordingly, 26 CFR part 1 is Drawbridge across the Arkansas film or produces utilities in the United corrected by making the following Waterway at Mile 119.6 at Little Rock, States, and contributes or leases, rents, correcting amendments: Arkansas, and the Van Buren Railroad licenses, sells, exchanges, or otherwise Drawbridge across the Arkansas disposes of such property to a PART 1—INCOME TAXES Waterway at Mile 300.8 at Van Buren, partnership which then, without Arkansas, to reflect the actual performing its own qualifying activity, n Paragraph 1. The authority citation procedures currently being followed. In leases, rents, licenses, sells, exchanges, for part 1 continues to read, in part, as addition, the following three bridges or otherwise disposes of such property, follows: will be removed from 33 CFR 117.123 then the partnership’s gross receipts Authority: 26 U.S.C. 7805 * * * as they are locked in the open-to-

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navigation position and are no longer method of communication outlined in changes to the CFR documents the considered to be drawbridges: Missouri § 117.123(a) was to be used by mariners procedures. Pacific Railroad Drawbridge (Benzal and the remote bridge operator as a Railroad Drawbridge) across the back-up means of communications. The Small Entities Arkansas Waterway at Mile 7.6 at Coast Guard, however, has determined Under the Regulatory Flexibility Act Benzal, Arkansas, the Rock Island that the primary method of (5 U.S.C. 601–612), we have considered Railroad Drawbridge across the communications outlined in whether this rule would have a Arkansas Waterway at Mile 118.2 at § 117.123(a) has not been used during significant economic impact on a Little Rock, Arkansas, and the Junction the past 20 years. It is doubtful that the substantial number of small entities. Railroad Drawbridge across the system of horns and flashing lights was The term ‘‘small entities’’ comprises Arkansas Waterway at Mile 118.7 at ever used. Instead, mariners and remote small businesses, not-for-profit Little Rock, Arkansas. Section 117.139 bridge operators have communicated via organizations that are independently is being revised as paragraph (a) is no VHF–FM radiotelephone for opening owned and operated and are not longer needed since the Missouri Pacific the Rob Roy Drawbridge. The Coast dominant in their fields, and Railroad Drawbridge (Benzal Railroad Guard also determined that editorial governmental jurisdictions with Drawbridge) is locked in the open-to- changes were needed to correct populations of less than 50,000. navigation position. inaccuracies in the specific DATES: This rule is effective on January requirements for the Baring Cross The Coast Guard certifies under 5 8, 2007. Railroad Drawbridge and the Van Buren U.S.C. 605(b) that this rule would not ADDRESSES: Comments and material Railroad Drawbridge. Three bridges on have a significant economic impact on received from the public, as well as the Arkansas Waterway—the Missouri a substantial number of small entities. documents indicated in this preamble as Pacific Railroad Drawbridge (Benzal This rule is neutral to all business being available in the docket, are part of Railroad Drawbridge) at mile 7.6, the entities since it affects only how the docket CGD8–06–005 and are available Rock Island Railroad Drawbridge at Mile vessel operators request bridge for inspection or copying at room 118.2, and the Junction Railroad openings. 2.107(f), in the Robert A. Young Federal Drawbridge at Mile 118.7—have all been Assistance for Small Entities Building, Eighth Coast Guard District, removed from rail service. Meetings 1222 Spruce Street, St. Louis, MO with the owners indicate that all three Under section 213(a) of the Small 63103–2832, between 8 a.m. and 4 p.m., bridges have been permanently locked Business Regulatory Enforcement Monday through Friday, except Federal in the open-to-navigation position and Fairness Act of 1996 (Pub. L. 104–121), holidays. Commander (dwb), Eighth that there are plans to convert them into we want to assist small entities in Coast Guard District, Bridge Branch fixed pedestrian bridges in the future. understanding this rule so that they maintains the public docket for this Therefore, they are considered fixed could better evaluate its effects on them rulemaking. bridges and will be removed from and participate in the rulemaking. drawbridge regulations section of the FOR FURTHER INFORMATION CONTACT: Mr. CFR. Section (a) of § 117.139 references Collection of Information Roger K. Wiebusch, Bridge the § 117.123 cite for the Missouri Administrator, (314) 269–2378. This rule would call for no new Pacific Railroad Drawbridge (Benzal collection of information under the SUPPLEMENTARY INFORMATION: Railroad Drawbridge), mile 7.6, so Paperwork Reduction Act of 1995 (44 section (a) also requires removal from Regulatory History U.S.C. 3501–3520). On June 7, 2006, we published a the regulations. Therefore, paragraphs notice of proposed rulemaking (NPRM) (b) and (c) of § 117.139 will be Federalism redesignated as (a) and (b). entitled Drawbridge Operation A rule has implications for federalism Regulations, Arkansas Waterway, AR in Discussion of Comments and Changes under Executive Order 13132, the Federal Register (71 FR 32883). We Federalism, if it has a substantial direct received no letters commenting on the There were no comments on nor changes made from the proposed rule. effect on State or local governments and proposed rule. No public meeting was would either preempt State law or requested, and none was held. Regulatory Evaluation impose a substantial direct cost of Background and Purpose This rule is not a ‘‘significant compliance on them. We have analyzed The Arkansas Waterway is a part of regulatory action’’ under section 3(f) of this rule under that Order and have the McClellan-Kerr Arkansas River Executive Order 12866, Regulatory determined that it does not have Navigation System. The System rises in Planning and Review, and does not implications for federalism. the vicinity of Catoosa, Oklahoma, and require an assessment of potential costs Unfunded Mandates Reform Act embraces improved natural waterways and benefits under section 6(a)(3) of that and a canal to empty into the Order. The Office of Management and The Unfunded Mandates Reform Act Mississippi River in southeast Arkansas. Budget has not reviewed it under that of 1995 (2 U.S.C. 1531–1538) requires The Arkansas Waterway drawbridge Order. It is not ‘‘significant’’ under the Federal agencies to assess the effects of operation regulations contained in regulatory policies and procedures of their discretionary regulatory actions. In § 117.123(a), state that the Cotton Belt the Department of Homeland Security. particular, the Act addresses actions Railroad (Rob Roy) Bridge, mile 67.4, The Coast Guard expects that these that may result in the expenditure by a requires the use of ship’s horns and changes will have a minimal economic State, local, or tribal government, in the flashing lights on the bridge to impact on commercial traffic operating aggregate, or by the private sector of communicate between mariners on the Arkansas Waterway. The $100,000,000 or more in any one year. requesting openings and railroad procedures are already in place at the Though this rule will not result in such dispatchers remotely operating the three active drawbridges, the other three an expenditure, we do discuss the bridge. Although not stated in drawbridges have been locked in the effects of this rule elsewhere in this § 117.123(a), records indicate that the open-to-navigation position, and the preamble.

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Taking of Private Property technical standards (e.g., specifications FM Channel 12 in Omaha, Nebraska. This rule would not affect a taking of of materials, performance, design, or The remote drawbridge operator will private property or otherwise have operation; test methods; sampling advise the vessel whether the bridge can taking implications under Executive procedures; and related management be immediately opened and maintain Order 12630, Governmental Actions and systems practices) that are developed or constant contact with the vessel until Interference with Constitutionally adopted by voluntary consensus the span has opened and the vessel Protected Property Rights. standards bodies. passage has been completed. The bridge This rule does not use technical is equipped with a Photoelectric Boat Civil Justice Reform standards. Therefore, we did not Detection System to prevent the span This rule meets applicable standards consider the use of voluntary consensus from lowering if there is an obstruction in sections 3(a) and 3(b)(2) of Executive standards. under the span. If the drawbridge cannot be opened immediately, the Order 12988, Civil Justice Reform, to Environment minimize litigation, eliminate remote drawbridge operator shall notify ambiguity, and reduce burden. We have analyzed this rule under the calling vessel and provide an Commandant Instruction M16475.1D, estimated time for opening. Protection of Children which guides the Coast Guard in (b) Across the Arkansas Waterway, We have analyzed this rule under complying with the National the draw of the Baring Cross Railroad Executive Order 13045, Protection of Environmental Policy Act of 1969 Drawbridge, mile 119.6 at Little Rock, Children from Environmental Health (NEPA) (42 U.S.C. 4321–4370f), and Arkansas, is maintained in the closed Risks and Safety Risks. This rule is not have concluded that there are no factors position and is remotely operated. Use an economically significant rule and in this case that would limit the use of the following procedures to request an would not create an environmental risk a categorical exclusion under section opening of this bridge when necessary to health or risk to safety that may 2.B.2 of the Instruction. Therefore this for transit: disproportionately affect children. rule is categorically excluded under (1) Normal Flow Procedures. Any figure 2–1, paragraph 32(e) of the vessel which requires an opening of the Indian Tribal Governments Instruction from further environmental draw of this bridge shall establish This rule does not have tribal documentation. Paragraph 32(e) contact by radiotelephone with the implications under Executive Order excludes the promulgation of operating remote drawbridge operator on VHF– 13175, Consultation and Coordination regulations or procedures for FM Channel 13 in North Little Rock, with Indian Tribal Governments, drawbridges from the environmental Arkansas. The remote drawbridge because it would not have a substantial documentation requirements of the operator will advise the vessel whether direct effect on one or more Indian National Environmental Policy Act the requested span can be immediately tribes, on the relationship between the (NEPA). Since this regulation would opened and maintain constant contact Federal government and Indian tribes, alter the normal operating conditions of with the vessel until the requested span or on the distribution of power and the drawbridge, it falls within this has opened and the vessel passage has responsibilities between the Federal exclusion. A ‘‘Categorical Exclusion been completed. If the drawbridge government and Indian tribes. Determination’’ is available in the cannot be opened immediately, the remote drawbridge operator will notify Energy Effects docket for inspection or copying where indicated under ADDRESSES. the calling vessel and provide an We have analyzed this rule under estimated time for a drawbridge Executive Order 13211, Actions List of Subjects in 33 CFR Part 117 opening. Concerning Regulations That Bridges. (2) High Velocity Flow Procedures. Significantly Affect Energy Supply, The area from mile 118.2 to mile 125.4 Distribution, or Use. We have Regulations is a regulated navigation area (RNA) as determined that it is not a ‘‘significant n For the reasons discussed in the described in § 165.817. During periods energy action’’ under that order because preamble, the Coast Guard amends 33 of high velocity flow, which is defined it is not a ‘‘significant regulatory action’’ CFR part 117 as follows: as a flow rate of 70,000 cubic feet per under Executive Order 12866 and is not second or greater at the Murray Lock likely to have a significant adverse effect PART 117—DRAWBRIDGE and Dam, mile 125.4, downbound on the supply, distribution, or use of OPERATION REGULATIONS vessels which require that the draw of energy. The Administrator of the Office this bridge be opened for unimpeded of Information and Regulatory Affairs n 1. The authority citation for part 117 passage shall contact the remote has not designated it as a significant continues to read as follows: drawbridge operator on VHF–FM energy action. Therefore, it does not Authority: 33 U.S.C. 499; Department of Channel 13 either before departing require a Statement of Energy Effects Homeland Security Delegation No. 0170.1; 33 Murray Lock and Dam, or before under Executive Order 13211. CFR 1.05–1(g); section 117.255 also issued departing the mooring cells at Mile under the authority of Pub. L. 102–587, 106 121.5 to ensure that the Baring Cross Technical Standards Stat. 5039. Railroad Drawbridge is opened. The The National Technology Transfer n 2. Revise § 117.123 to read as follows: remote drawbridge operator shall and Advancement Act (NTTAA) (15 immediately respond to the vessel’s call, U.S.C. 272 note) directs agencies to use § 117.123 Arkansas Waterway. ensure that the drawbridge is open for voluntary consensus standards in their (a) Across the Arkansas Waterway, the passage, and ensure that it remains in regulatory activities unless the agency draw of the Rob Roy Drawbridge, mile the open position until the downbound provides Congress, through the Office of 67.4 at Pine Bluff, Arkansas, is vessel has passed through. If it cannot Management and Budget, with an maintained in the closed position and is be opened immediately for unimpeded explanation of why using these remotely operated. Any vessel requiring passage in accordance with § 163.203, standards would be inconsistent with an opening of the draw shall establish the remote drawbridge operator will applicable law or otherwise impractical. contact by radiotelephone with the immediately notify the downbound Voluntary consensus standards are remote drawbridge operator on VHF– vessel and provide an estimated time for

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a drawbridge opening. Upbound vessels Regulation 61–62.1 ‘‘Definitions and may be made available online at shall request openings in accordance General Requirements.’’ In the April 13, http://www.regulations.gov, including with the normal flow procedures as set 2005, submission, Regulation 61–62.1 is any personal information provided, forth above. The remote drawbridge being amended to be consistent with the unless the comment includes operator shall keep all approaching new Federal emissions reporting information claimed to be Confidential vessels informed of the position of the requirements, referred to as the Business Information (CBI) or other drawbridge span. Consolidated Emissions Reporting Rule information whose disclosure is (c) Across the Arkansas Waterway, the (CERR), and to streamline the existing restricted by statute. Do not submit draw of the Van Buren Railroad emissions inventory requirements. SC through www.regulations.gov or e-mail, Drawbridge, mile 300.8 at Van Buren, DHEC is taking an action that is information that you consider to be CBI Arkansas, is maintained in the open consistent with the final rule, published or otherwise protected. The position except as follows: on June 10, 2002 (67 FR 39602). www.regulations.gov is an ‘‘anonymous (1) When a train approaches the The October 24, 2005 submittal access’’ system, which means EPA will bridge, amber lights attached to the revises the definition of Volatile Organic not know your identity or contact bridge begin to flash and an audible Compounds (VOC). The revision adds information unless you provide it in the signal on the bridge sounds. At the end several compounds to the list of body of your comment. If you send an of 10 minutes, the amber light continues compounds excluded from the e-mail comment directly to EPA without to flash; however, the audible signal definition of VOC on the basis that they going through www.regulations.gov, stops and the draw lowers and locks if make a negligible contribution to ozone your e-mail address will be the photoelectric boat detection system formation, and similarly removes automatically captured and included as detects no obstruction under the span. several compounds from the definition part of the comment that is placed in the If there is an obstruction, the draw of VOC. public docket and made available on the opens to its full height until the This action is being taken pursuant to Internet. If you submit an electronic obstruction is cleared. section 110 of the Clean Air Act (CAA). comment, EPA recommends that you (2) After the train clears the bridge, DATES: This direct final rule is effective include your name and other contact the draw opens to its full height, the February 5, 2007 without further notice, information in the body of your amber flashing light stops, and the mid unless EPA receives adverse comment comment and with any disk or CD–ROM channel lights change from red to green, by January 8, 2007. If adverse comment you submit. If EPA cannot read your indicating the navigation channel is is received, EPA will publish a timely comment due to technical difficulties open for the passage of vessels. withdrawal of the direct final rule in the and cannot contact you for clarification, EPA may not be able to consider your § 117.139 [Amended] Federal Register and inform the public that the rule will not take effect. comment. Electronic files should avoid n 3. In § 117.139, remove paragraph (a); ADDRESSES: Submit your comments, the use of special characters, any form and redesignate paragraphs (b) and (c) identified by Docket ID No. ‘‘EPA–R04– of encryption, and be free of any defects as paragraphs (a) and (b), respectively. OAR–2005–SC–0003, EPA–R04–OAR– or viruses. For additional information Dated: November 6, 2006. 2005–SC–0005’’ by one of the following about public docket visit the EPA Ronald W. Branch, methods: Docket Center at http://www.epa.gov/ epahome/dockets.htm. Captain, U.S. Coast Guard Commander, 8th 1. http://www.regulations.gov: Follow Coast Guard Dist, Acting. the online instructions for submitting Docket: All documents in the electronic docket are listed in the [FR Doc. E6–20706 Filed 12–6–06; 8:45 am] comments. www.regulations.gov index. Although BILLING CODE 4910–15–P 2. E-mail: [email protected]. 3. Fax: 404–562–9019. listed in the index, some information is 4. Mail: ‘‘EPA–R04–OAR–2005–SC– not publicly available, i.e., CBI or other 0003, EPA–R04–OAR–2005–SC–0005,’’ information whose disclosure is ENVIRONMENTAL PROTECTION Regulatory Development Section, Air restricted by statute. Certain other AGENCY Planning Branch, Air, Pesticides and material, such as copyrighted material, is not placed on the Internet and will be 40 CFR Part 52 Toxics Management Division, U.S. Environmental Protection Agency, publicly available only in hard copy [EPA–R04–OAR–2005–SC–0003; EPA–R04– Region Forsyth Street, SW., Atlanta, form. Publicly available docket OAR–2005–SC–0005–200620b; FRL–8252– Georgia 30303–8960. materials are available either 9] 5. Hand Delivery or Courier: Nacosta electronically in www.regulations.gov or Ward, Regulatory Development Section, in hard copy at the Regulatory Approval and Promulgation of Development Section, Air Planning Implementation Plans; South Carolina: Air Planning Branch, Air, Pesticides and Toxics Management Division floor, U.S. Branch, Air, Pesticides and Toxics Revisions to State Implementation Management Division, U.S. Plan Environmental Protection Agency, Region Forsyth Street, SW., Atlanta, Environmental Protection Agency, AGENCY: Environmental Protection Georgia 30303–8960. Such deliveries are Region Forsyth Street, SW., Atlanta, Agency (EPA). only accepted during the Regional Georgia 30303–8960. EPA requests that if at all possible, you contact the person ACTION: Direct final rule. Office’s normal hours of operation. The Regional Office’s official hours of listed in the FOR FURTHER INFORMATION SUMMARY: EPA is approving several business are Monday through Friday, CONTACT section to schedule your revisions to the South Carolina State 8:30 to 4:30 excluding federal holidays. inspection. The Regional Office’s Implementation Plan (SIP), submitted Instructions: Direct your comments to official hours of business are 8:30 to by the South Carolina Department of EPA Docket ID No. ‘‘R04–OAR–2005– 4:30, excluding federal holidays. Health and Environmental Control (SC SC–0005–SC–0003, EPA–R04–OAR– FOR FURTHER INFORMATION CONTACT: DHEC) on April 13, 2005, and October 2005–SC–005.’’ EPA’s policy is that all Nacosta Ward, Regulatory Development 24, 2005. Both revisions include comments received will be included in Section, Air Planning Branch, Air, modifications to South Carolina’s the public docket without change and Pesticides and Toxics Management

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Division, U.S. Environmental Protection Revisions Submitted on October 24, • (CF3)2CFCF2OC2H5 to (2- Agency, Region 4, 61 Forsyth Street, 2005 (ethoxydi&fnl;fluoromethyl)- SW., Atlanta, Georgia 30303–8960. The (1,1,1,2,3,3,3-heptafluoropropane) Tropospheric ozone, a major • CFC–113 (1,1,2-trichloro-1,2,2- telephone number is (404) 562–9040. component of smog, is formed when Ms. Ward can also be reached via trifluoroethane) VOCs and nitrogen oxides react in the • CFC–114 (1,2-dichloro-1,1,2,2- electronic mail at atmosphere. Because of the harmful [email protected]. tetrafluoroethane) health effects of ozone, EPA limits the • HCFC–123 (1,1,1-trifluoro-2,2- SUPPLEMENTARY INFORMATION: amount of VOCs and that can be dichloroethane) released into the atmosphere. VOCs are • HCFC–134a (1,1,1,2- I. Today’s Action those compounds of carbon (excluding tetrafluoroethane) carbon monoxide, carbon dioxide, • HCFC–141b (1,1-dichloro-1- Revisions Submitted on April 13, 2005 carbonic acid, metallic carbides, or fluoroethane) • On April 13, 2005, SC DHEC carbonates, and ammonium carbonate) HCFC–142b (1-chloro-1,1- submitted proposed SIP revisions to which form ozone through atmospheric difluoroethane) • HFC–227ea (1,1,1,2,3,3,3- EPA for review and approval into the photochemical reactions. Compounds of carbon (or organic compounds) have heptafluoropropane) South Carolina SIP. The proposed • different levels of reactivity; they do not HFE–7000 (1,1,1,2,2,3,3-heptafluoro- revisions include changes made by the 3-methoxy-propane) or State of South Carolina to Regulation react at the same speed, or do not form ozone to the same extent. It has been (n-C3F7OCH3) 61–62.1, regarding CERR reporting • EPA’s policy that compounds of carbon HFE–7100 (1,1,1,2,2,3,3,4,4- requirements. The rules became state with a negligible level of reactivity need nonafluoro-4-methoxybutane) or effective on February 25, 2005. The (C4F9OCH3) not be regulated to reduce ozone (see 42 • purpose of the CERR is to simplify FR 35314, July 8, 1977). EPA determines HFE–7200 (1-ethoxy-1,1,2,2,3,3,4,4,4- emissions reporting, establish new whether a given carbon compound has nonafluorobutane) or (C4F9OC2H5) • HFE–7500 (3-ethoxy- reporting requirements for PM2.5 and ‘‘negligible’’ reactivity by comparing the 1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2- establish statewide reporting of area compound’s reactivity to the reactivity source and mobile source emissions. (trifluoromethyl) hexane of ethane. EPA lists these compounds in • Methylene chloride Currently, the CERR requires that all its regulations (at 40 CFR 51.100(s)) and facilities needing to obtain a Title V (dichloromethane) excludes them from the definition of • Methyle formate (HCOOCH ) permit must submit an emissions 3 VOC. The chemicals on this list are • Perchloroethylene inventory every two years. often called ‘‘negligibly reactive.’’ EPA (tetrachloroethylene); and Approximately 50 of the 354 current may periodically revise the list of perfluorocarbon compounds that fall Title V sources (Type A sources) will be negligibly reactive compounds to add into these classes: required to increase their emissions compounds to or delete them from the (i) Cyclic, branched, or linear, inventory reporting to an annual basis. list. EPA promulgated such changes on completely fluorinated alkanes; However, the majority of the Title V November 29, 2004 (69 FR 69298). (ii) Cyclic, branched, or linear, sources (Type B sources) with fewer On October 24, 2005, SC DHEC completely fluorinated alkanes; emissions, approximately 80 of 354 submitted proposed SIP revisions to (iii) Cyclic, branched, or linear, current sources, will only need to EPA for review and approval into the completely fluorinated ethers with no submit their emissions inventory every South Carolina SIP. The proposed unsaturations; three years. Thus, the reporting revisions include changes made by the (iv) Sulfur containing requirements for these sources will State of South Carolina to Regulation perfluorocarbons with no unsaturations decrease from every other year to every 61–62.1, regarding the definition of and with sulfur bonds only to carbon third year. The remaining Title V VOC, to reflect EPA’s November 29, and fluorine. sources, except those that emit 2004, changes. The rules became state II. Final Action significant hazardous air pollutants effective on August 26, 2005. EPA is approving revisions to South (HAPs) will gain an even greater Specifically, South Carolina is removing Carolina’s Regulation 61–62.1 decrease in the reporting requirements. the following compounds from the ‘‘Definitions and General If those sources have submitted an definition of VOC: • Requirements.’’ These revisions include initial inventory, no further reporting 2 (ethoxydifluoromethyl) changes to the CERR reporting will be required. Those sources that (1,1,1,2,3,3,3 heptafluoropropane) requirements, and the definition of • emit significant HAPs will also have a (C4F9OCH3) (1,1,1,2,2,3,3,4,4 VOCs. These changes are consistent decrease in reporting requirements, nonafluoro 4 methoxybutane) with the CAA. from every other year to every three • (C4F9OC2H5) (1 ethoxy EPA is publishing this rule without years. SC DHEC is revising these 1,1,2,2,3,3,4,4,4 nonafluorobutane) prior proposal because the Agency revisions to be consistent with the new • CFC–113 (trichlorotrifluoroethane) views this as a noncontroversial Federal emissions reporting • CFC–114 (dichlorotetrafluoroethane) submittal and anticipates no adverse requirements, and to revise existing • HCFC–123 (dichlorotrifluoroethane) comments. However, in the proposed State specific requirements to • HCFC–134a (tetrafluoroethane) rules section of this Federal Register streamline the reporting process. EPA is • HCFC–141b (dichlorofluoroethane) publication, EPA is publishing a now taking direct final action to • separate document that will serve as the approve the proposed revisions, which HCFC–142b (chlorodifluoroethane) • proposal to approve the SIP revision include revising the CERR emissions Methylene chloride should adverse comments be filed. This • reporting regulations. The proposed Perchloroethylene rule will be effective February 5, 2007 revisions summarized above are South Carolina is adding the without further notice unless the approvable pursuant to section 110 of following compounds to the definition Agency receives adverse comments by the CAA. of VOC: January 8, 2007.

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If EPA receives such comments, then as specified by Executive Order 13175 the U.S. House of Representatives, and EPA will publish a document (65 FR 67249, November 9, 2000). This the Comptroller General of the United withdrawing the final rule and action also does not have Federalism States prior to publication of the rule in informing the public that the rule will implications because it does not have the Federal Register. A major rule not take effect. All public comments substantial direct effects on the States, cannot take effect until 60 days after it received will then be addressed in a on the relationship between the national is published in the Federal Register. subsequent final rule based on the government and the States, or on the This action is not a ‘‘major rule’’ as proposed rule. EPA will not institute a distribution of power and defined by 5 U.S.C. 804(2). second comment period. Parties responsibilities among the various Under section 307(b)(1) of the CAA, interested in commenting should do so levels of government, as specified in petitions for judicial review of this at this time. If no such comments are Executive Order 13132 (64 FR 43255, action must be filed in the United States received, the public is advised that this August 10, 1999). This action merely Court of Appeals for the appropriate rule will be effective on February 5, approves a State rule implementing a circuit by February 5, 2007. Filing a 2007 and no further action will be taken Federal standard, and does not alter the petition for reconsideration by the on the proposed rule. relationship or the distribution of power Administrator of this final rule does not and responsibilities established in the III. Statutory and Executive Order affect the finality of this rule for the CAA. This rule also is not subject to Reviews purposes of judicial review nor does it Executive Order 13045, ‘‘Protection of extend the time within which a petition Under Executive Order 12866 (58 FR Children from Environmental Health for judicial review may be filed, and 51735, October 4, 1993), this action is Risks and Safety Risks’’ (62 FR 19885, shall not postpone the effectiveness of not a ‘‘significant regulatory action’’ and April 23, 1997), because it is not such rule or action. This action may not therefore is not subject to review by the economically significant. be challenged later in proceedings to Office of Management and Budget. For In reviewing SIP submissions, EPA’s enforce its requirements. (See section this reason, this action is also not role is to approve State choices, 307(b)(2)). subject to Executive Order 13211, provided that they meet the criteria of ‘‘Actions Concerning Regulations That the CAA. In this context, in the absence List of Subjects in 40 CFR Part 52 Significantly Affect Energy Supply, of a prior existing requirement for the Environmental protection, Air Distribution, or Use’’ (66 FR 28355, May State to use voluntary consensus pollution control, Carbon monoxide, 22, 2001). This action merely approves standards (VCS), EPA has no authority state law as meeting Federal to disapprove a SIP submission for Intergovernmental relations, Nitrogen requirements and imposes no additional failure to use VCS. It would thus be dioxide, Ozone, Particulate matter, requirements beyond those imposed by inconsistent with applicable law for Reporting and recordkeeping state law. Accordingly, the EPA, when it reviews a SIP submission, requirements, Sulfur oxides, Volatile Administrator certifies that this rule to use VCS in place of a SIP submission organic compounds. will not have a significant economic that otherwise satisfies the provisions of Dated: November 21, 2006. impact on a substantial number of small the CAA. Thus, the requirements of A. Stanley Meiburg, entities under the Regulatory Flexibility section 12(d) of the National Acting Regional Administrator, Region 4. Act (5 U.S.C. 601 et seq.). Because this Technology Transfer and Advancement rule approves pre-existing requirements Act of 1995 (15 U.S.C. 272 note) do not n Amend 40 CFR part 52 as follows: under state law and does not impose apply. This rule does not impose an PART 52—[AMENDED] any additional enforceable duty beyond information collection burden under the that required by state law, it does not provisions of the Paperwork Reduction n 1. The authority citation for part 52 contain any unfunded mandate or Act of 1995 (44 U.S.C. 3501 et seq.). continues to read as follows: The Congressional Review Act, U.S.C. significantly or uniquely affect small Authority: 42 U.S.C. 7401 et seq. governments, as described in the section 801 et seq., as added by the Unfunded Mandates Reform Act of 1995 Small Business Regulatory Enforcement Subpart PP—South Carolina (Pub. L. 104–4). Fairness Act of 1996, generally provides This rule also does not have tribal that before a rule may take effect, the n 2. Section 52.2120(c) is amended implications because it will not have a agency promulgating the rule must under Regulation No. 62.1 by revising substantial direct effect on one or more submit a rule report, which includes a entries for ‘‘Section I’’ and ‘‘Section III’’ Indian tribes, on the relationship copy of the rule, to each House of the to read as follows: between the Federal Government and Congress and to the Comptroller General Indian tribes, or on the distribution of of the United States. EPA will submit a § 52.2120 Identification of Plan. power and responsibilities between the report containing this rule and other * * * * * Federal Government and Indian tribes, required information to the U.S. Senate, (c) * * * AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA

State State effective EPA approval Federal Register citation Title/subject date date notice

Regulation No. 62.1 Definitions and General Requirements

Section I ... Definitions ...... 08/26/2005 12/07/2006 [Insert citation of publication].

******* Section III Emissions Inventory ...... 02/25/2005 12/07/2006 [Insert citation of publication].

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AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA—Continued

State State effective EPA approval Federal Register citation Title/subject date date notice

*******

* * * * * Instructions: Direct your comments to Control, 89 Kings Highway, P.O. Box [FR Doc. E6–20767 Filed 12–6–06; 8:45 am] Docket ID No. EPA–R03–OAR–2006– 1401, Dover, Delaware 19903. BILLING CODE 6560–50–P 0696. EPA’s policy is that all comments FOR FURTHER INFORMATION CONTACT: received will be included in the public Rosemarie Nino, (215) 814–3377, or by docket without change, and may be e-mail at [email protected]. ENVIRONMENTAL PROTECTION made available online at SUPPLEMENTARY INFORMATION: AGENCY www.regulations.gov, including any personal information provided, unless I. Background 40 CFR Part 52 the comment includes information On June 15, 2006, Delaware submitted [EPA–R03–OAR–2006–0696; FRL–8252–5] claimed to be Confidential Business a formal revision to its State Information (CBI) or other information Implementation Plan (SIP). The SIP Approval and Promulgation of Air whose disclosure is restricted by statute. revision consists of ‘‘Regulation 1102— Quality Implementation Plans; Do not submit information that you Permits’’ adopted by the State of Delaware; Revisions to Regulation consider to be CBI or otherwise Delaware on May 15, 2006 and effective 1102—Permits protected through www.regulations.gov June 11, 2006. The State amended the or e-mail. The www.regulations.gov Web regulation in order to (1) ensure that the AGENCY: Environmental Protection site is an ‘‘anonymous access’’ system, Agency (EPA). regulatory language is clear that all which means EPA will not know your Regulation 1102 permits are federally ACTION: Direct final rule. identity or contact information unless enforceable, regardless of whether they you provide it in the body of your SUMMARY: are intended to limit potential to emit; EPA is taking direct final comment. If you send an e-mail action to approve revisions to and, (2) the renumbering of the comment directly to EPA without going regulation to be consistent with the style Delaware’s State Implementation Plan through www.regulations.gov, your e- manual of the Code of Delaware (SIP). The revisions ensure that all mail address will be automatically Regulations. preconstruction air quality permits captured and included as part of the Delaware is seeking approval of these issued pursuant to Delaware’s comment that is placed in the public amendments to this rule pursuant to 40 Regulation 1102 are federally docket and made available on the CFR Part 51 Subpart I and Section enforceable, regardless of whether they Internet. If you submit an electronic 110(a)(2)(C) of the federal Clean Air Act are intended to limit a source’s potential comment, EPA recommends that you (CAA) as amended November 15, 1990. to emit. EPA is approving these include your name and other contact revisions to Delaware’s SIP in information in the body of your II. Summary of SIP Revision accordance with the requirements of the comment and with any disk or CD–ROM EPA is proposing to approve this Clean Air Act. you submit. If EPA cannot read your DATES: This rule is effective on February revision to incorporate into the comment due to technical difficulties Delaware SIP amendments to Regulation 5, 2007 without further notice, unless and cannot contact you for clarification, EPA receives adverse written comment 1102 (formerly Regulation 2)— EPA may not be able to consider your ‘‘Permits’’ as submitted by Delaware by January 8, 2007. If EPA receives such comment. Electronic files should avoid Natural Resources and Environmental comments, it will publish a timely the use of special characters, any form Control (DNREC) on June 15, 2006. This withdrawal of the direct final rule in the of encryption, and be free of any defects approval action will effectively replace Federal Register and inform the public or viruses. that the rule will not take effect. Docket: All documents in the the previously-approved version of ‘‘Regulation 2—Permits,’’ renumbered ADDRESSES: Submit your comments, electronic docket are listed in the with this revision to be ‘‘Regulation identified by Docket ID Number EPA– www.regulations.gov index. Although 1102—Permits,’’ as approved into R03–OAR–2006–0696 by one of the listed in the index, some information is Delaware’s SIP on January 11, 2006 (65 following methods: not publicly available, i.e., CBI or other FR 2048). A. www.regulations.gov. Follow the information whose disclosure is on-line instructions for submitting restricted by statute. Certain other III. Program Review comments. material, such as copyrighted material, B. E-mail: [email protected]. is not placed on the Internet and will be A. What is being addressed in this C. Mail: EPA–R03–OAR–2006–0696, publicly available only in hard copy document? David Campbell, Chief, Permits and form. Publicly available docket On June 15, 2006, DNEC submitted Technical Assessment Branch, Mailcode materials are available either regulatory revision to EPA for approval. 3AP11, U.S. Environmental Protection electronically in www.regulations.gov or The submittal consists of Delaware Rule Agency, Region III, 1650 Arch Street, in hard copy during normal business entitled ‘‘Regulation 1102—Permits’’ Philadelphia, Pennsylvania 19103. hours at the Air Protection Division, adopted on May 15, 2006 and effective D. Hand Delivery: At the previously- U.S. Environmental Protection Agency, June 11, 2006. listed EPA Region III address. Such Region III, 1650 Arch Street, deliveries are only accepted during the Philadelphia, Pennsylvania 19103. B. What are the program changes that Docket’s normal hours of operation, and Copies of the State submittal are EPA is approving? special arrangements should be made available at the Delaware Department of EPA is approving Delaware’s for deliveries of boxed information. Natural Resources & Environmental revisions to Regulation 1102—Permits.

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These revisions clarify Delaware’s rule approves pre-existing requirements Business Regulatory Enforcement intention that all permits issued under state law and does not impose Fairness Act of 1996, generally provides pursuant to Regulation 1102 be federally any additional enforceable duty beyond that before a rule may take effect, the enforceable regardless of whether they that required by state law, it does not agency promulgating the rule must are intended to limit potential to emit. contain any unfunded mandate or submit a rule report, which includes a significantly or uniquely affect small copy of the rule, to each House of the IV. Final Action governments, as described in the Congress and to the Comptroller General EPA is approving Delaware’s revision Unfunded Mandates Reform Act of 1995 of the United States. EPA will submit a to Regulation 1102—Permits as a (Pub. L. 104–4). This rule also does not report containing this rule and other revision to Delaware’s SIP. have tribal implications because it will required information to the U.S. Senate, EPA is publishing this rule without not have a substantial direct effect on the U.S. House of Representatives, and prior proposal because the Agency one or more Indian tribes, on the the Comptroller General of the United views this as a noncontroversial relationship between the Federal States prior to publication of the rule in amendment and anticipates no adverse Government and Indian tribes, or on the the Federal Register. This rule is not a comment because these revisions are to distribution of power and ‘‘major rule’’ as defined by 5 U.S.C. clarify that all Regulation 1102 permits responsibilities between the Federal 804(2). are federally enforceable. However, in Government and Indian tribes, as the ‘‘Proposed Rules’’ section of today’s specified by Executive Order 13175 (65 C. Petitions for Judicial Review Federal Register, EPA is publishing a FR 67249, November 9, 2000). This Under section 307(b)(1) of the Clean separate document that will serve as the action also does not have Federalism Air Act, petitions for judicial review of proposal to approve the SIP revision if implications because it does not have this action must be filed in the United adverse comments are filed. This rule substantial direct effects on the States, States Court of Appeals for the will be effective on February 5, 2007 on the relationship between the national appropriate circuit by February 5, 2007. without further notice unless EPA government and the States, or on the Filing a petition for reconsideration by receives adverse comment by January 8, distribution of power and the Administrator of this final rule does 2007. If EPA receives adverse comment, responsibilities among the various not affect the finality of this rule for the EPA will publish a timely withdrawal in levels of government, as specified in purposes of judicial review nor does it the Federal Register informing the Executive Order 13132 (64 FR 43255, extend the time within which a petition public that the rule will not take effect. August 10, 1999). This action merely for judicial review may be filed, and EPA will address all public comments approves a state rule implementing a shall not postpone the effectiveness of in a subsequent final rule based on the Federal requirement, and does not alter such rule or action. This action to proposed rule. EPA will not institute a the relationship or the distribution of approve Delaware’s Regulation 1102— second comment period on this action. power and responsibilities established Permits may not be challenged later in Any parties interested in commenting in the Clean Air Act. This rule also is proceedings to enforce its requirements. must do so at this time. Please note that not subject to Executive Order 13045 (See section 307(b)(2).) if EPA receives adverse comment on an ‘‘Protection of Children from amendment, paragraph, or section of Environmental Health Risks and Safety List of Subjects in 40 CFR Part 52 this rule and if that provision may be Risks’’ (62 FR 19885, April 23, 1997), severed from the remainder of the rule, because it is not economically Environmental protection, Air EPA may adopt as final those provisions significant. pollution control, Carbon monoxide, of the rule that are not the subject of an In reviewing SIP submissions, EPA’s Nitrogen dioxide, Ozone, Particulate adverse comment. role is to approve state choices, matter, Reporting and recordkeeping provided that they meet the criteria of requirements, Sulfur oxides, Volatile V. Statutory and Executive Order the Clean Air Act. In this context, in the organic compounds. Reviews absence of a prior existing requirement Dated: November 21, 2006. A. General Requirements for the State to use voluntary consensus standards (VCS), EPA has no authority William T. Wisniewski, Under Executive Order 12866 (58 FR to disapprove a SIP submission for Acting Regional Administrator, Region III. 51735, October 4, 1993), this action is failure to use VCS. It would thus be n 40 CFR part 52 is amended as follows: not a ‘‘significant regulatory action’’ and inconsistent with applicable law for therefore is not subject to review by the EPA, when it reviews a SIP submission, PART 52—[AMENDED] Office of Management and Budget. For to use VCS in place of a SIP submission this reason, this action is also not that otherwise satisfies the provisions of n 1. The authority citation for part 52 subject to Executive Order 13211, the Clean Air Act. Thus, the continues to read as follows: ‘‘Actions Concerning Regulations That requirements of section 12(d) of the Significantly Affect Energy Supply, National Technology Transfer and Authority: 42 U.S.C. 7401 et seq. Distribution, or Use’’ (66 FR 28355, May Advancement Act of 1995 (15 U.S.C. Subpart I—Delaware 22, 2001). This action merely approves 272 note) do not apply. This rule does state law as meeting Federal not impose an information collection requirements and imposes no additional burden under the provisions of the n 2. In § 52.420, the table in paragraph requirements beyond those imposed by Paperwork Reduction Act of 1995 (44 (c) is amended by revising the entries state law. Accordingly, the U.S.C. 3501 et seq.). for Regulation 2—Permits, Sections 1, 6, Administrator certifies that this rule 11, and 12 to read as follows: B. Submission to Congress and the will not have a significant economic § 52.420 Identification of plan. impact on a substantial number of small Comptroller General entities under the Regulatory Flexibility The Congressional Review Act, 5 * * * * * Act (5 U.S.C. 601 et seq.). Because this U.S.C. 801 et seq., as added by the Small (c) * * *

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EPA—APPROVED REGULATIONS IN THE DELAWARE SIP

State EPA State citation Title/subject effective approval Additional date date explanation

*******

Regulation 1102 Permits (formerly ‘‘Regulation 2—Permits’’)

Section 1 ...... General Provisions ...... 06/15/06 12/07/06, [Insert page number where the document begins].

******* Section 6 ...... Denial, Suspension or Revocation of Operating Per- 06/15/06 12/07/06, [Insert page mits. number where the document begins].

******* Section 11 ...... Permit Application ...... 06/15/06 12/07/06, [Insert page number where the document begins]. Section 12 ...... Public Participation ...... 06/15/06 12/07/06, [Insert page number where the document begins].

*******

* * * * * Mitigation Division Director of FEMA adopt or to show evidence of being [FR Doc. E6–20650 Filed 12–6–06; 8:45 am] reconsider the changes. The modified already in effect in order to qualify or BILLING CODE 6560–50–P BFEs may be changed during the 90-day to remain qualified for participation in period. the National Flood Insurance Program ADDRESSES: The modified BFEs for each (NFIP). DEPARTMENT OF HOMELAND community are available for inspection These modified BFEs, together with SECURITY at the office of the Chief Executive the floodplain management criteria Officer of each community. The required by 44 CFR 60.3, are the Federal Emergency Management respective addresses are listed in the minimum that are required. They Agency table below. should not be construed to mean that FOR FURTHER INFORMATION CONTACT: the community must change any 44 CFR Part 65 William R. Blanton, Jr., Engineering existing ordinances that are more stringent in their floodplain [Docket No. FEMA–B–7474] Management Section, Mitigation Division, Federal Emergency management requirements. The Changes in Flood Elevation Management Agency, 500 C Street, SW., community may at any time enact Determinations Washington, DC 20472, (202) 646–3151. stricter requirements of its own, or SUPPLEMENTARY INFORMATION: The pursuant to policies established by the AGENCY: Federal Emergency modified BFEs are not listed for each other Federal, State, or regional entities. Management Agency, DHS. community in this interim rule. The changes BFEs are in accordance ACTION: Interim rule. However, the address of the Chief with 44 CFR 65.4. Executive Officer of the community National Environmental Policy Act. SUMMARY: This interim rule lists where the modified BFE determinations This interim rule is categorically communities where modification of the are available for inspection is provided. excluded from the requirements of 44 Base (1% annual-chance) Flood Any request for reconsideration must CFR part 10, Environmental Elevations (BFEs) is appropriate because be based on knowledge of changed Consideration. An environmental of new scientific or technical data. New conditions or new scientific or technical impact assessment has not been flood insurance premium rates will be data. prepared. calculated from the modified BFEs for The modifications are made pursuant Regulatory Flexibility Act. As flood new buildings and their contents. to section 201 of the Flood Disaster elevation determinations are not within DATES: These modified BFEs are Protection Act of 1973, 42 U.S.C. 4105, the scope of the Regulatory Flexibility currently in effect on the dates listed in and are in accordance with the National Act, 5 U.S.C. 601–612, a regulatory the table below and revise the Flood Flood Insurance Act of 1968, 42 U.S.C. flexibility analysis is not required. Insurance Rate Maps (FIRMs) in effect 4001 et seq., and with 44 CFR part 65. Regulatory Classification. This prior to this determination for the listed For rating purposes, the currently interim rule is not a significant communities. effective community number is shown regulatory action under the criteria of From the date of the second and must be used for all new policies section 3(f) of Executive Order 12866 of publication of these changes in a and renewals. September 30, 1993, Regulatory newspaper of local circulation, any The modified BFEs are the basis for Planning and Review, 58 FR 51735. person has ninety (90) days in which to the floodplain management measures Executive Order 13132, Federalism. request through the community that the that the community is required to either This interim rule involves no policies

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that have federalism implications under n Accordingly, 44 CFR part 65 is § 65.4 [Amended] Executive Order 13132, Federalism. amended to read as follows: Executive Order 12988, Civil Justice n 2. The tables published under the Reform. This interim rule meets the PART 65—[AMENDED] authority of § 65.4 are amended as applicable standards of Executive Order follows: 12988. n 1. The authority citation for part 65 continues to read as follows: List of Subjects in 44 CFR Part 65 Authority: 42 U.S.C. 4001 et seq.; Flood insurance, Floodplains, Reorganization Plan No. 3 of 1978, 3 CFR, Reporting and recordkeeping 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, requirements. 3 CFR, 1979 Comp., p. 376.

Date and name of State and newspaper Chief executive officer of Effective date of Community county Location and case No. where notice was pub- community modification No. lished

Alabama: Mo- Unincorporated areas September 21, 2006; Mr. John Pafenbach, County December 28, 2006 ... 015008 bile. of Mobile County, September 28, 2006; Administrator, Mobile County, (05–04–2236P). Press-Register. 205 Government Street, Mo- bile, AL 36644. Arizona: Greenlee ... Town of Clifton, (06– October 25, 2006; No- The Honorable David McCullar, September 29, 2006 .. 040035 09–B068P). vember 1, 2006; Mayor, Town of Clifton, P.O. Copper Era. Box 1415, Clifton, AZ 85533. Maricopa ... Unincorporated areas September 14, 2006; The Honorable Don Stapley, December 21, 2006 .. 040037 of Maricopa County, September 21, 2006; Chairman, Maricopa County, (06–09–B067P). Arizona Business Board of Supervisors, Admin- Gazette. istration Building, 301 West Jefferson Street, Tenth Floor, Phoenix, AZ 85003. California: Alameda .... City of Livermore, (06– September 21, 2006; The Honorable Marshall December 28, 2006 ... 060008 09–BE71P). September 28, 2006; Kamena, Mayor, City of Alameda Times Star. Livermore, 1052 South Liver- more Avenue, Livermore, CA 94550. Alameda .... Unincorporated areas September 14, 2006; The Honorable Keith Carson, August 18, 2006 ...... 060001 of Alameda County, September 21, 2006; President, Alameda County, (06–09–B390P). Tri-Valley Herald. Board of Supervisors, 1221 Oak Street, Suite 536, Oak- land, CA 94612. Amador ..... City of Jackson, (06– October 20, 2006; Oc- The Honorable Al Nunes, January 26, 2007 ...... 060448 09–B819P). tober 27, 2006; Mayor, City of Jackson, 33 Amador Ledger Dis- Broadway, Jackson, CA patch. 95642. Merced ...... City of Merced, (06– October 18, 2006; Oc- The Honorable Ellie Wooton, January 25, 2007 ...... 060191 09–B107P). tober 25, 2006; Mayor, City of Merced, 678 Chowchilla News. West 18th Street, Merced, CA 95340. Merced ...... Unincorporated areas October 18, 2006; Oc- The Honorable Mike Nelson, January 25, 2007 ...... 060188 of Merced County, tober 25, 2006; Chairman, Merced County, (06–09–B107P). Chowchilla News. Board of Commissioners, 2222 M Street, Second Floor, Merced, CA 95340. Nevada ..... Town of Truckee, (06– October 26, 2006; No- The Honorable Beth Ingalls, September 29, 2006 .. 060762 09–B008P). vember 2, 2006; The Mayor, Town of Truckee, Sierra Sun. 10183 Truckee Airport Road, Truckee, CA 96161. Orange ...... City of San Juan September 21, 2006; The Honorable David M. August 31, 2006 ...... 060231 Capistrano, (05–09– September 28, 2006; Swerdlin, Mayor, City of San 0793P). The Orange County Juan Capistrano City Hall, Register. 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Sacramento City of Citrus Heights, October 19, 2006; Oc- The Honorable Bret Daniels, September 22, 2006 060765 (06–09–B062P). tober 26, 2006; The Mayor, City of Citrus Heights, Daily Recorder. 6237 Fountain Square Drive, Citrus Heights, CA 95621. Sacramento City of Elk Grove, (06– September 14, 2006; The Honorable Richard Soares, August 25, 2006 ...... 060767 04–B040P). September 21, 2006; Mayor, City of Elk Grove, The Daily Recorder. 9400 Laguna Palms Way, Elk Grove, CA 95758.

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San Diego City of La Mesa, (05– September 21, 2006; The Honorable Art Madrid, September 5, 2006 ... 060292 09–A362P). September 28, 2006; Mayor, City of La Mesa, San Diego Transcript. 8130 Allison Avenue, La Mesa, CA 92041. San Diego City of San Diego, (05– September 21, 2006; The Honorable Jerry Sanders, September 5, 2006 ... 060295 09–A362P). September 28, 2006; Mayor, City of San Diego, San Diego Transcript. 202 C Street, 11th Floor, San Diego, CA 92101. San Diego Unincorporated areas October 19, 2006; Oc- The Honorable Bill Horn, Chair- February 16, 2007 ..... 060284 of San Diego County, tober 26, 2006; The man, San Diego County (07–09–0162X). San Diego Daily Board of Supervisors, 1600 Transcript. Pacific Highway, San Diego, CA 92123. San Luis City of San Luis October 19, 2006; Oc- The Honorable David F. Ro- January 25, 2007 ...... 060310 Obispo. Obispo, (06–09– tober 26, 2006; The mero, Mayor, City of San BA38P). Tribune. Luis Obispo City Hall, 990 Palm Street, San Luis Obispo, CA 93401. Santa Bar- Unincorporated areas September 21, 2006; The Honorable Salud Carbajal, December 28, 2006 .. 060331 bara. of Santa Barbara September 28, 2006; Chairman, Santa Barbara County, (05–09– Santa Barbara News County Board of Supervisors, 1158P). Press. 105 East Anapamu Street, Santa Barbara, CA 93101. Santa Bar- Unincorporated areas October 26, 2006; The Honorable Joni L. Gray, February 1, 2007 ...... 060331 bara. of Santa Barbara Novermber 2, 2006; Chairperson, Santa Barbara County, (06–09– Santa Barbara News County, 511 East Lakeside B833P). Press. Parkway, Suite 126, Santa Maria, CA 93455. Shasta ...... City of Redding, (06– September 21, 2006; The Honorable Ken Murray, August 31, 2006 ...... 060360 09–B348P). September 28, 2006; Mayor, City of Redding, 777 Redding Record Cypress Avenue, P.O. Box Searchlight. 496071, Redding, CA 96001. Colorado: Arapahoe .. City of Cherry Hills Vil- October 12, 2006; Oc- The Honorable Mike Wozniak, September 19, 2006 .. 080013 lage, (06–08–B375P). tober 19, 2006; The Mayor, City of Cherry Hills Littleton Independent. Village, 2450 East Quincy Avenue, Cherry Hills Village, CO 80113. Broomfield City and County of September 27, 2006; The Honorable Karen Stuart, September 11, 2006 .. 085073 Broomfield, (06–08– October 4, 2006; Mayor, City and County of B417P). Broomfield Enterprise. Broomfield, One DesCombes Drive, Broomfield, CO 80020. Douglas ..... Unincorporated Areas October 12, 2006; Oc- The Honorable Walter M. Max- January 18, 2007 ...... 080049 of Douglas County, tober 19, 2006; well, Chairman, Douglas (06–08–B443P). Douglas County County Board of Commis- News-Press. sioners, 100 Third Street, Castle Rock, CO 80104. Douglas ..... City of Lone Tree, (06– October 12, 2006; Oc- The Honorable Jack O’Boyle, January 18, 2007 ...... 080319 08–B443P). tober 19, 2006; Mayor, City of Lone Tree, Douglas County 9777 South Yosemite Street, News-Press. Suite 100, Lone Tree, CO 80124. Jefferson ... City of Arvada, (06–08– October 12, 2006; Oc- The Honorable Ken Fellman, January 18, 2007 ...... 085072 B403P). tober 19, 2006; The Mayor, City of Arvada, 8101 Golden Transcript. Ralston Road, Arvada, CO 80002. Jefferson ... City of Lakewood, (06– November 9, 2006; No- The Honorable Steve February 15, 2007 ..... 085075 08–B318P). vember 16, 2006; Burkholder, Mayor, City of The Golden Tran- Lakewood, Lakewood Civic script. Center South, 480 South Alli- son Parkway, Lakewood, CO 80226. Jefferson ... Unincorporated areas September 21, 2006; The Honorable J. Kevin December 28, 2006 .. 080087 of Jefferson County, September 28, 2006; McCasky, Chairman, Board (06–08–B422P). The Golden Tran- of Commissioners, Jefferson script. County, 100 Jefferson Coun- ty Parkway, Golden, CO 80419–5550.

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Delaware: New Unincorporated areas October 5, 2006; Octo- The Honorable Chris Coons, January 4, 2007 ...... 105085 Castle. of New Castle Coun- ber 12, 2006; The County Executive, New Cas- ty, (06–03–B140P). News Journal. tle County, 87 Read’s Way, New Castle, DE 19720. Florida: Leon ...... City of Tallahassee, September 21, 2006; The Honorable John Marks, December 28, 2006 ... 120144 (05–04–1773P). September 28, 2006; Mayor, City of Tallahassee, Tallahassee Demo- 300 South Adams Street, crat. Tallahassee, FL 32301. Monroe ...... Unincorporated areas September 21, 2006; The Honorable Dixie Spehar, August 29, 2006 ...... 125129 of Monroe County, September 28, 2006; Mayor, Monroe County, 2798 (06–04–BI38P). Key West Citizen. Overseas Highway, Suite 300, Marathon, FL 33050. Pinellas ..... City of Clearwater, (06– September 14, 2006; The Honorable Frank Hibbard, December 21, 2006 ... 125096 04–B129X). September 21, 2006; Mayor, City of Clearwater, St. Petersburg Times. P.O. Box 4748, Clearwater, FL 33758. Polk ...... Unincorporated Areas September 21, 2006; Mr. Michael Herr, County Man- August 31, 2006 ...... 120261 of Polk County, (06– September 28, 2006; ager, Polk County, P.O. Box 04–B694P). The Polk County 9005, Drawer BC01, Bartow, Democrat. FL 33831–9005. Sarasota ... City of Sarasota, (06– September 26, 2006; The Honorable Fred Atkins, August 28, 2006 ...... 125150 04–BH18P). October 3, 2006; Mayor, City of Sarasota, Sarasota Herald-Trib- 1565 First Street, Sarasota, une. FL 34236. Seminole ... Unincorporated areas October 19, 2006; Oc- The Honorable Carlton D. Hen- October 30, 2006 ...... 120289 of Seminole County, tober 26, 2006; Or- ley, Chairman, Seminole (06–04–BJ43P). lando Seminole Sen- County Board of Commis- tinel. sioners, Seminole County Services Building, 1101 East First Street, Sanford, FL 32771. Georgia: Jackson ..... Unincorporated areas September 20, 2006; The Honorable Ms. Pat Bell , December 27, 2006 .. 130345 of Jackson County, September 27, 2006; Chairman, Jackson County (06–04–BQ92P). The Jackson Herald. Board of Commissioners, 67 Athens Street, Jefferson, GA 30549. Walton ...... Unincorporated areas October 18, 2006; Oc- The Honorable Kevin W. Little, September 25, 2006 130185 of Walton County, tober 26, 2006; Wal- Chairman, Walton County (05–04–A009P). ton Tribune. Board of Commissioners, 303 South Hammond Drive, Monroe, GA 30655. Hawaii: Hawaii ...... Unincorporated areas September 14, 2006; The Honorable Harry Kim December 21, 2006 .. 155166 of Hawaii County, September 21, 2006; Mayor, County of Hawaii, 25 (06–09–B247P). Hawaii Tribune-Her- Aupuni Street, Room 215, ald. Hilo, HI 96720. Hawaii ...... Unincorporated areas October 5, 2006; Octo- The Honorable Harry Kim, January 11, 2007 ...... 155166 of Hawaii County, ber 12, 2006; Hawaii Mayor, County of Hawaii, 25 (06–09–B685P). Tribune-Herald. Aupuni Street, Room 215, Hilo, HI 96720. Illinois: De Kalb ..... Village of Kirkland, (06– October 19, 2006; Oc- The Honorable Michael A January 25, 2006 ...... 170186 05–BF46P). tober 26, 2006; Daily Becker, Village President, Chronicle. Village of Kirkland, 511 West Main Street, Kirkland, IL 60146. De Kalb ..... Unincorporated areas October 19, 2006; Oc- Mr. Raymond R. Bockman, January 25, 2007 ...... 170808 of De Kalb County, tober 26, 2006; Daily County Administrator, De (06–05–BF46P). Chronicle. Kalb County, 200 North Main Street, Sycamore, IL 60178. Kane ...... Village of Hampshire, September 21, 2006; Mr. Jeffrey Magnussen, Village December 28, 2006 .. 170327 (06–05–BC30P). September 28, 2006; President, Village of Hamp- Elburn Herald. shire, Village Hall, 234 South State St., P.O. Box 457, Hampshire, IL 60140.

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Kane ...... Village of Hampshire, October 12, 2006; Oc- The Honorable Jeffrey January 18, 2007 ...... 170327 (06–05–BT15P). tober 19, 2006; Magnussen, Village Presi- Elburn Herald. dent, Village of Hampshire, P.O. Box 457, Hampshire, IL 60140. Kane ...... Unincorporated areas October 12, 2006; Oc- The Honorable Karen January 18, 2007 ...... 170896 of Kane County, (06– tober 19, 2006; McConnaughay, Chairman, 05–BT15P). Elburn Herald. Kane County Board, 719 South Batavia Avenue, Build- ing A, Geneva, IL 60134. Will ...... Village of Frankfort, September 14, 2006; The Honorable Raymond August 29, 2006 ...... 170701 (05–05–A220P). September 21, 2006; Rossi, Mayor, Village of Daily Southtown. Frankfort, 432 West Ne- braska Street, Frankfort, IL 60423. Will ...... City of Naperville, (06– October 12, 2006; Oc- The Honorable A. George January 18, 2007 ...... 170213 05–B639P). tober 19, 2006; Pradel, Mayor, City of Naperville Sun. Naperville, 400 South Eagle Street, Naperville, IL 60566. Will ...... Unincorporated areas October 12, 2006; Oc- The Honorable Lawrence M. January 18, 2007 ...... 170695 of Will County. tober 19, 2006; Walsh, Will County Execu- Naperville Sun. tive, 302 North Chicago Street, Joliet, IL 60432. Indiana: Marion ...... City of Indianapolis, October 19, 2006; Oc- The Honorable Bart Peterson, October 25, 2006 ...... 180159 (06–05–B545P). tober 26, 2006; Indi- Mayor, City of Indianapolis, anapolis Star. 2501 City-County Building, 200 East Washington Street, Indianapolis, IN 46204. Marion ...... Town of Speedway, October 19, 2006; Oc- Mr. Bruce Sherman, Town October 25, 2006 ...... 180162 (06–05–B545P). tober 26, 2006; Indi- Manager, Town of Speed- anapolis Star. way, 1450 North Lynhurst Drive, Speedway, IN 46224. Kansas: Doug- City of Lawrence, (06– September 21, 2006; The Honorable Mike Amyx, August 30, 2006 ...... 200090 las. 07–B014P). September 28, 2006; Mayor, City of Lawrence, Lawrence Daily Jour- P.O. Box 708, Lawrence, KS nal-World. 66044. Maine: Cum- Town of Windham, October 19, 2006; Oc- The Honorable John January 25, 2007 ...... 230189 berland. (06–01–B717P). tober 26, 2006; Port- MacKinnon, Council Chair- land Press Herald. man, Town of Windham, Eight School Road, Windham, ME 04062. Massachusetts: Barnstable Town of Falmouth, (06– August 24, 2006; Au- Mr. Robert L. Whritenour, Jr., August 8, 2006 ...... 255211 01–B133P). gust 31, 2006; Cape Town Administrator, Town of Cod Times. Falmouth, 59 Town Hall Square, Falmouth, MA 02540. Plymouth ... Town of Scituate, (06– September 14, 2006; Mr. Richard Agnew, Town Ad- August 23, 2006 ...... 250282 01–B143P). September 21, 2006; ministrator, Town of Scituate, The Patriot Ledger. Scituate Town Hall, 600 Chief Justice Cushing High- way, Scituate, MA 02066. Maryland: Carroll ...... Unincorporated areas October 19, 2006; Oc- The Honorable Julia W. Gouge, January 25, 2007 ...... 240015 of Carroll County, tober 26, 2006; Car- President, Carroll County, (05–03–A533P). roll County Times. Board of Commissioners, Carroll County Office Build- ing, 225 North Center Street, Westminster, MD 21157. Washington Town of Boonsboro, October 5, 2006; Octo- The Honorable Charles F. January 11, 2007 ...... 240071 (06–03–B016P). ber 12, 2006; Ha- Kauffman, Jr., Mayor, Town gerstown Herald-Mail. of Boonsboro, 21 North Main Street, Boonsboro, MD 21713. Washington Unincorporated areas October 5, 2006; Octo- Mr. Rodney Shoop, County Ad- January 11, 2007 ...... 240070 of Washington Coun- ber 12, 2006; Ha- ministrator, Washington ty, (06–03–B016P). gerstown Herald-Mail. County, 100 West Wash- ington Street, Hagerstown, MD 21740.

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Minnesota: Hen- City of Plymouth, (05– August 24, 2006; Au- The Honorable Judy Johnson, July 28, 2006 ...... 270179 nepin. 05–3454P). gust 31, 2006; Min- Mayor, City of Plymouth, neapolis Star Tribune. 3400 Plymouth Blvd., Plym- outh, MN 55447. Mississippi: City of Pearl, (06–04– September 20, 2006; The Honorable Jimmy Foster, December 27, 2006 .. 280145 Rankin. B935P). September 27, 2006; Mayor, City of Pearl, 2420 Rankin County News. Old Brandon Rd, Pearl, MS 39208. Missouri: Clay ...... Village of Claycomo, October 19, 2006; Oc- Ms. Lois Anderson, Village Ad- September 29, 2006 .. 290089 (06–07–BD06P). tober 26, 2006; The ministrator, Village of Sun-Tribune. Claycomo, 115 East 69 High- way, Claycomo, MO 64119. Clay ...... City of Liberty, (06–07– October 19, 2006; Oc- The Honorable Robert T. September 29, 2006 .. 290096 BD06P). tober 26, 2006; The Steinkamp, Mayor, City of Sun-Tribune. Liberty, 101 East Kansas Street, Liberty, MO 64068. New Mexico: Bernalillo ... City of Albuquerque, October 12, 2006; Oc- The Honorable Martin J. Cha- September 20, 2006 .. 350002 (06–06–B638P). tober 19, 2006; The vez, Mayor, City of Albu- Albuquerque Journal. querque, P.O. Box 1293, Al- buquerque, NM 87103. Santa Fe ... Unincorporated areas September 21, 2006; Mr. Gerald T.E. Gonzalez, August 29, 2006 ...... 350069 of Santa Fe County, September 28, 2006; County Manager, Santa Fe (06–06–B296P). The Santa Fe New County, P.O. Box 276, Santa Mexican. Fe, NM 87504. North Carolina: Beaufort .... Unincorporated areas October 19, 2006; Oc- Mr. Paul Spruill, County Man- September 25, 2006 370013 of Beaufort County, tober 26, 2006; ager, Beaufort County, P.O. (06–04–BP18P). Washington Daily Box 1027, Washington, NC News. 27889. Beaufort .... City of Washington, October 19, 2006; Oc- The Honorable Judy Jennette, September 25, 2006 370017 (06–04–BP18P). tober 26, 2006; Mayor, City of Washington, Washington Daily P.O. Box 1988, Washington, News. NC 27889. Mecklen- City of Charlotte, (06– October 19, 2006; Oc- The Honorable Patrick September 29, 2006 .. 370159 burg. 04–BP55P). tober 26, 2006; The McCrory, Mayor, City of Charlotte Observer. Charlotte, 600 East Fourth Street, Charlotte, NC 28202. Guilford ..... City 0f Greensboro, July 20, 2006; July 27, The Honorable Keith Holliday, October 26, 2006 ...... 375351 (05–04–A010P). 2006; News & Mayor, City of Greensboro, Record. P.O. Box 3136, Greensboro, NC 27402. North Dakota: City of Mandan, (06– September 21, 2006; The Honorable Ken LaMont, August 29, 2006 ...... 380072 Morton. 08–B460P). September 28, 2006; Mayor, City of Mandan, 205 Bismarck Tribune. Second Avenue, Northwest, Mandan, ND 58554. Ohio: Delaware ... City of Powell, (06–05– October 19, 2006; Oc- The Honorable Don Grubbs, January 25, 2007 ...... 390626 BJ86P). tober 26, 2006; Dela- Mayor, City of Powell, 47 ware Gazette. Hall Street, Powell, OH 43065. Fairfield ..... Unincorporated areas October 19, 2006; Oc- The Honorable Jon Myers, January 25, 2007 ...... 390158 of Fairfield County, tober 26, 2006; Lan- County Commissioner, Board (06–05–BA30P). caster Eagle Gazette. of Commissioners, Fairfield County, 210 East Main Street, Room 301, Lancaster, OH 43130. Franklin ..... City of Columbus, (05– September 21, 2006; The Honorable Michael B. December 28, 2006 .. 390170 05–0944P). September 28, 2006; Coleman, Mayor, City of Co- The Columbus Dis- lumbus, 90 West Broad patch. Street, Columbus, OH 43215. Franklin ..... Unincorporated areas September 21, 2006; The Honorable Paula Brooks, December 28, 2006 ... 390167 of Franklin County, September 28, 2006; President, Franklin County, (05–05–0944P). The Columbus Dis- Board of Commissioners, patch. 373 South High Street, Co- lumbus, OH 43215. Oklahoma;

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Cleveland .. City of Moore, (05–06– October 19, 2006; Oc- The Honorable Glenn Lewis, September 29, 2006 400044 0578P). tober 26, 2006; The Mayor, City of Moore, 301 Norman Transcript. North Broadway, Moore, OK 73160. Oklahoma City of Edmond; (06– October 19, 2006; Oc- The Honorable Saundra G. January 25, 2007 ...... 400252 06–B417P). tober 26, 2006; The Naifeh, Mayor, City of Ed- Edmond Sun. mond, P.O. Box 2970, Ed- mond, OK 73083–2970. Oklahoma City of Edmond, (06– October 26, 2006; No- The Honorable Saundra Naifeh, February 1, 2007 ...... 400252 06–BD47P). vember 2, 2006; The Mayor, City of Edmond, P.O. Edmond Sun. Box 2970, Edmond, OK 73083. Tulsa ...... City of Broken Arrow, October 19, 2006; Oc- The Honorable Richard Carter, January 25, 2007 ...... 400236 (06–06–BE22P). tober 26, 2006; Tulsa Mayor, City of Broken Arrow, World. P.O. Box 610, Broken Arrow, OK 74012. Oregon: Jack- City of Jacksonville, October 12, 2006; Oc- The Honorable James W. January 18, 2007 ...... 410095 son. (06–10–B002P). tober 19, 2006; Med- Lewis, Mayor, City of Jack- ford Mail Tribune. sonville, P.O. Box 7, Jack- sonville, OR 97530. Pennsylvania: Chester ..... Township of Sadsbury, October 19, 2006; Oc- The Honorable Dale Hensel, September 29, 2006 .. 421488 (06–03–B160P). tober 26, 2006; Daily Chairman, Board of Super- Local. visors, Sadsbury Township, 6 Ramsey Alley, P.O. Box 261, Sadsburyville, PA 19369. Chester ..... Township of West Go- September 21, 2006; The Honorable Edward G. December 28, 2006 .. 420293 shen, (05–03–0848P). September 28, 2006; Meakim, Jr., Chairman, West Daily Local. Goshen Township Board of Supervisors, 1025 Paoli Pike, West Chester, PA 19380– 4699. Delaware ... Borough of November 2, 2006; No- The Honorable Frank C. Kelly, October 10, 2006 ...... 420408 Collingsdale, (05–03– vember 9, 2006; Mayor, Borough of A446P). Delaware County Collingdale, 800 MacDade Times. Boulevard, Colling-dale, PA 19023. York ...... Township of Penn, (05– October 12, 2006; Oc- The Honorable Joseph A. January 18, 2007 ...... 421025 03–0718P). tober 19, 2006; The Klunk, President, Penn York Dispatch. Township, Board of Commis- sioners, Penn Township Mu- nicipal Building, 20 Wayne Avenue, Hanover, PA 17331. South Carolina: Berkeley .... Unincorporated areas October 25, 2006; No- The Honorable James H. September 28, 2006 450029 of Berkeley County, vember 1, 2006; Rozier, Jr., Supervisor and (06–04–BO05P. Berkeley Inde- County Council Chairman, pendent. Berkeley County, 1003 High- way 52, Moncks Corner, SC 29461. Greenville .. Unincorporated areas September 22, 2006; The Honorable Butch Kirven, December 28, 2006 .. 450089 of Greenville County, September 28, 2006; Chairman, Greenville County (06–04–B141P). Greenville News. Council, Seven Ralph Hen- dricks Drive, Simpsonville, SC 29681. Lexington .. Unincorporated areas October 5, 2006; Octo- Ms. Katherine Doucett, County January 11, 2007 ...... 450129 of Lexington County, ber 12, 2006; The Administrator, Lexington (06–04–BM33P). Lexington County County, 212 South Lake Chronicle. Drive, Lexington, SC 29072. Lexington .. Unincorporated areas October 19, 2006; Oc- Ms. Katherine Doucett, County January 25, 2007 ...... 450129 of Lexington County, tober 26, 2006; Lex- Administrator, Lexington (06–04–BQ42P). ington County Chron- County, 212 South Lake icle. Drive, Lexington, SC 29072. Richland .... Unincorporated areas October 20, 2006; Oc- The Honorable Anthony G. September 25, 2006 .. 450170 of Richland County, tober 27, 2006; Co- Mizzell, Chair, Richland (06–04–BT87P). lumbia Star. County Council, 106 Wem- bley Street, Columbia, SC 29209. Tennessee:

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Hamilton .... City of Chattanooga, October 26, 2006; No- The Honorable Ron Littlefield, February 1, 2007 ...... 470072 (06–04–BV55P). vember 2, 2006; Mayor, City of Chattanooga, Chattanooga Times City Hall, Suite 100, 101 East Free Press. 11th Street, Chattanooga, TN 37402. Williamson City of Brentwood, (06– October 19, 2006; Oc- The Honorable Brian Joe January 25, 2007 ...... 470205 04–C457P). tober 26, 2006; Ten- Sweeney, Mayor, City of nessean/Williamson Brentwood, P.O. Box 788, Journal. Brentwood, TN 37024–0788. Texas: Brazos ...... City of Bryan, (05–06– October 19, 2006; Oc- The Honorable Ernie Wentrcek, January 25, 2007 ...... 480082 0891P). tober 26, 2006; The Mayor, City of Bryan, 300 Eagle. South Texas Avenue, Bryan, TX 77803. Collin ...... City of McKinney, (06– September 21, 2006; The Honorable Bill Whitfield, October 2, 2006 ...... 480135 06–BD88P). September 28, 2006; Mayor, City of McKinney, 222 McKinney Courier North Tennessee, McKinney, Gazette. TX 75069. Collin ...... City of Princeton, (06– September 21, 2006; The Honorable Kathy Davis, August 30, 2006 ...... 480757 06–B820P). September 28, 2006; Mayor, City of Princeton, Princeton Herald. P.O. Box 970 Princeton, TX 75407. Dallas ...... City of Rowlett, (06– September 8, 2006; The Honorable C. Shane John- December 15, 2006 ... 480185 06–B822P). September 15, 2006; son, Mayor, City of Rowlett, Rowlett Lakeshore P.O. Box 99, Rowlett, TX Times. 75030–0099. Dallas ...... City of Grand Prairie, September 21, 2006; The Honorable Charles Eng- December 28, 2006 .. 485472 (06–06–B658P). September 28, 2006; land, Mayor, City of Grand The Daily Commer- Prairie, 317 College Street, cial Record. Grand Prairie, TX 75050. Denton ...... Town of Bartonville, October 19, 2006; Oc- The Honorable Ron Robertson, September 28, 2006 .. 481501 (06–06–B742P). tober 26, 2006; Den- Mayor, Town of Bartonville, ton Record-Chronicle. 1941 East Jeter Road, Bartonville, TX 76226. Denton ...... City of Denton, (06–06– October 19, 2006; Oc- The Honorable Perry McNeill, September 28, 2006 480194 BD25P). tober 26, 2006; Den- Mayor, City of Denton, 215 ton Record-Chronicle. East McKinney Street, Den- ton, TX 76201. Denton ...... City of Fort Worth, (06– September 21, 2006; The Honorable Michael J. August 31, 2006 ...... 480596 06–B018P). September 28, 2006; Moncrief, Mayor, City of Fort Northeast Tarrant Worth, 1000 Throckmorton Star-Telegram. Street, Fort Worth, TX 76102. Denton ...... City of The Colony, October 19, 2006; Oc- The Honorable John Dillard, January 25, 2007 ...... 481581 (05–06–A219P). tober 26, 2006; Den- Mayor, City of The Colony, ton Record-Chronicle. 6800 Main Street, The Col- ony, TX 75056. Denton ...... Unincorporated areas October 19, 2006; Oc- The Honorable Mary Horn, September 28, 2006 480774 of Denton County, tober 26, 2006; Den- Denton County Judge, 110 (06–06–BD25P). ton Record-Chronicle. West Hickory Street, Second Floor, Denton, TX 76201. Fort Bend .. Fort Bend County L.I.D. October 19, 2006; Oc- Mr. Epifanio Salazar, P.E., January 25, 2007 ...... 481594 No. 7, (06–06– tober 26, 2006; Fort Board President, Fort Bend B073P). Bend Herald. County L.I.D. No. 7, c/o Schwartz, Page & Harding, L.L.P., 1300 Post Oak Boule- vard, Suite 1400, Houston, TX 77027. Fort Bend .. City of Sugar Land, October 19, 2006; Oc- The Honorable David G. Wal- January 25, 2007 ...... 480234 (06–06–B073P). tober 26, 2006; Fort lace, Mayor, City of Sugar Bend Herald. Land, P.O. Box 110, Sugar Land, TX 77487. Fort Bend .. Unincorporated areas October 19, 2006; Oc- The Honorable Robert E. January 25, 2007 ...... 480228 of Fort Bend County, tober 26, 2006; Fort Hebert, PhD, Fort Bend (06–06–B073P). Bend Herald. County Judge, 301 Jackson Street, Suite 719, Richmond, TX 77469. Harris ...... Unincorporated areas October 26, 2006; No- The Honorable Robert Eckels, September 29, 2006 .. 480287 of Harris County, vember 2, 2006; Harris County Judge, 1001 (06–06–B330P). Houston Chronicle. Preston, Suite 911, Houston, TX 77002.

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Hays ...... City of Kyle, (06–06– October 18, 2006; Oc- The Honorable Miguel Gon- January 25, 2007 ...... 481108 B463P). tober 25, 2006; The zalez, Mayor, City of Kyle, Free Press. P.O. Box 40, Kyle, TX 78640. Johnson .... City of Burleson, (06– October 19, 2006; Oc- The Honorable Kenneth January 25, 2007 ...... 485459 06–A711P). tober 26, 2006; Fort Shetter, Mayor, City of Worth Star-Telegram. Burleson, 141 West Renfro Street, Burleson, TX 76028. McClellan .. City of Waco, (06–06– September 14, 2006; The Honorable Virginia DuPuy, December 21, 2006 .. 480461 B021P). September 21, 2006; Mayor, City of Waco, P.O. Waco Tribune-Herald. Box 2570, Waco, TX 76702– 2570. Rockwall ... Unincorporated areas September 20, 2006; The Honorable Bill Bell, December 28, 2006 .. 480543 of Rockwall County, September 27, 2006; Rockwall County Judge, 101 (06–06–B819P). Royse City Herald- East Rusk Street, Suite 202, Banner. Rockwall, TX 75087. Tarrant ...... City of Blue Mound, October 19, 2006; Oc- The Honorable Jace Preston, January 25, 2007 ...... 480587 (06–06–BE05P). tober 26, 2006; Fort Mayor, City of Blue Mound, Worth Star-Telegram. 301 Blue Mound Road, Fort Worth, TX 76131. Tarrant ...... City of Fort Worth, (05– May 11, 2006; May 18, The Honorable Michael J. August 17, 2006 ...... 480596 06–A327P). 2006; Fort Worth Moncrief, Mayor, City of Fort Star-Telegram. Worth, 1000 Throckmorton Street, Fort Worth, TX 76102. Tarrant ...... City of Fort Worth, (06– October 19, 2006; Oc- The Honorable Michael J January 25, 2007 ...... 480596 06–A711P). tober 26, 2006; Fort Moncrief, Mayor, City of Fort Worth Star-Telegram. Worth, 1000 Throckmorton Street, Fort Worth, TX 76102. Tarrant ...... City of Fort Worth, (06– May 18, 2006; May 25, The Honorable Michael J. August 24, 2006 ...... 480596 06–B569P). 2006; Fort Worth Moncrief, Mayor, City of Fort Star-Telegram. Worth, 1000 Throckmorton Street, Fort Worth, TX 76102–6311. Tarrant ...... City of Fort Worth, (06– October 19, 2006; Oc- The Honorable Michael J. September 28, 2006 .. 480596 06–BB25P). tober 26, 2006; Fort Moncrief, Mayor, City of Fort Worth Star-Telegram. Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102. Tarrant ...... City of Fort Worth, (06– September 14, 2006; The Honorable Michael J. December 21, 2006 .. 480596 06–BC39P). September 21, 2006; Moncrief, Mayor, City of Fort Northeast Tarrant Worth 1000 Throckmorton Star-Telegram. Street, Fort Worth, TX 76102. Tarrant ...... City of Fort Worth, (06– October 19, 2006; Oc- The Honorable Michael J. January 25, 2007 ...... 480596 06–BE05P). tober 26, 2006; Fort Moncrief, Mayor, City of Fort Worth Star-Telegram. Worth, 1000 Throckmorton Street, Fort Worth, TX 76102. Tarrant ...... City of Fort Worth, (06– September 21, 2006; The Honorable Michael J. December 28, 2006 .. 480596 06–BE06P). September 28, 2006; Moncrief, Mayor, City of Fort Northeast Tarrant Worth, 1000 Throckmorton Star-Telegram. Street, Fort Worth, TX 76102. Tarrant ...... City of Grapevine, (06– September 14, 2006; The Honorable William D. Tate, December 21, 2006 .. 480598 06–B514P). September 21, 2006; Mayor, City of Grapevine, Northeast Tarrant P.O. Box 95104, Grapevine, Star-Telegram. TX 76099. Tarrant ...... City of North Richland September 21, 2006; The Honorable Oscar Trevino, August 30, 2006 ...... 480607 Hills, (06–06–B788P). September 28, 2006; Mayor, City of North Richland Dallas Morning News. Hills, P.O. Box 820609, North Richland Hills, TX 76182– 0609. Tarrant ...... Unincorporated areas May 11, 2006; May 18, The Honorable Tom Vander- August 17, 2006 ...... 480582 of Tarrant County, 2006; Fort Worth griff, Tarrant County Judge, (05–06–A327P). Star-Telegram. 100 East Weatherford, Fort Worth, TX 76196. Tarrant ...... Unincorporated areas October 19, 2006; Oc- The Honorable Tom Vander- January 25, 2007 ...... 480582 of Tarrant County, tober 26, 2006; Fort griff, Tarrant County Judge, (06–06–A711P). Worth Star-Telegram. 100 East Weatherford, Suite 502A, Fort Worth, TX 76196.

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Tarrant ...... Unincorporated areas October 19, 2006; Oc- The Honorable Tom Vander- September 28, 2006 .. 480582 of Tarrant County, tober 26, 2006; Fort griff, Tarrant County Judge, (06–06–BB25P). Worth Star-Telegram. Tarrant County Commis- sioners Court, 100 East Weatherford Street, Room 502A, Fort Worth, TX 76196. Washington City of Brenham, (06– September 21, 2006; The Honorable Milton Tate, August 28, 2006 ...... 480648 06–B038P). September 28, 2006; Mayor, City of Brenham, P.O. Brenham Banner- Box 1059, Brenham, TX Press. 77833. Virgina: Fauquier .... Unincorporated areas September 13, 2006; Mr. Paul McCulla, County Ad- December 20, 2006 .. 510055 of Fauquier County, September 20, 2006; ministrator, Fauquier County, (05–03–0241P). Fauquier Citizen. 10 Hotel Street, Suite 204, Warrenton VA 20186. Henry ...... Unincorporated areas October 27, 2006; No- Mr. Benny Summerlin, County February 2, 2007 ...... 510078 of Henry County, vember 3, 2006; Administrator, Henry County, (06–03–B321P). Martinsville Bulletin. P.O. Box 7, Collinsville, VA 24078. Prince Wil- Town of Haymarket, September 28, 2006; The Honorable Pamela E. January 4, 2007 ...... 510121 liam. (05–03–A398P). October 5, 2006; Po- Stutz, Mayor, Town of tomac News & Ma- Haymarket, P.O. Box 367, nassas Journal Mes- Haymarket, VA 20168. senger. Washington: Pierce ...... Unincorporated areas September 21, 2006; The Honorable Shawn Bunney, August 30, 2006 ...... 530138 of Pierce County, September 28, 2006; Pierce County Council Chair- (06–10–B193P). The News Tribune. man, 930 Tacoma Avenue South, County-City Building, Room 1046, Tacoma, WA 98402–2176. Yakima ...... City of Toppenish, (06– November 2, 2006; No- The Honorable Bill Rogers, December 14, 2006 .. 530228 10–B462P). vember 9, 2006; Mayor, City of Toppenish, Yakima Herald Re- Toppenish City Hall, 21 West public. First Avenue, Toppenish, WA 98948. Yakima ...... Unincorporated areas November 2, 2006; No- The Honorable Jesse Palacios, December 14, 2006 .. 530217 of Yakima County, vember 9, 2006; Chairman, Yakima County, (06–10–B462P). Yakima Herald Re- Board of Commissioners, public. 128 North Second Street, Yakima, WA 98901. Wyoming: Laramie ..... City of Cheyenne, (06– September 21, 2006; The Honorable Jack R. Spiker, August 29, 2006 ...... 560030 08–B409P). September 28, 2006; Mayor, City of Cheyenne, Wyoming Tribune- 2101 O’Neil Avenue, Room Eagle. 310, Cheyenne, WY 82001. Laramie ...... Unincorporated areas September 21, 2006; The Honorable Diane Hum- August 29, 2006 ...... 560029 of Laramie County, September 28, 2006; phrey, Chairman, Laramie (06–08–B409P). Wyoming Tribune- County, Board of Commis- Eagle. sioners, 309 West 20th Street, Cheyenne, WY 82001.

(Catalog of Federal Domestic Assistance No. DEPARTMENT OF HOMELAND BFEs are made final for the 83.100, ‘‘Flood Insurance.’’) SECURITY communities listed below. The BFEs Dated: November 30, 2006. and modified BFEs are the basis for the Federal Emergency Management floodplain management measures that David I. Maurstad, Agency each community is required either to Director, Mitigation Division, Federal adopt or to show evidence of being Emergency Management Agency, Department 44 CFR Part 67 already in effect in order to qualify or of Homeland Security. remain qualified for participation in the [FR Doc. E6–20786 Filed 12–6–06; 8:45 am] Final Flood Elevation Determinations National Flood Insurance Program BILLING CODE 9110–12–P AGENCY: Federal Emergency (NFIP). Management Agency, DHS. DATES: The date of issuance of the Flood ACTION: Final rule. Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each SUMMARY: Base (1% annual chance) community. This date may be obtained Flood Elevations (BFEs) and modified by contacting the office where the maps

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are available for inspection as indicated developed criteria for floodplain Executive Order 13132, Federalism. on the table below. management in floodprone areas in This final rule involves no policies that ADDRESSES: The final BFEs for each accordance with 44 CFR part 60. have federalism implications under community are available for inspection Interested lessees and owners of real Executive Order 13132. at the office of the Chief Executive property are encouraged to review the Executive Order 12988, Civil Justice Officer of each community. The proof Flood Insurance Study and FIRM Reform. This final rule meets the respective addresses are listed in the available at the address cited below for applicable standards of Executive Order table below. each community. The BFEs and 12988. modified BFEs are made final in the FOR FURTHER INFORMATION CONTACT: List of Subjects in 44 CFR Part 67 William R. Blanton, Jr., Engineering communities listed below. Elevations at Management Section, Mitigation selected locations in each community Administrative practice and Division, Federal Emergency are shown. procedure, Flood insurance, Reporting Management Agency, 500 C Street SW., National Environmental Policy Act. and recordkeeping requirements. This final rule is categorically excluded Washington, DC 20472, (202) 646–3151. n Accordingly, 44 CFR part 67 is from the requirements of 44 CFR part SUPPLEMENTARY INFORMATION: The amended as follows: Federal Emergency Management Agency 10, Environmental Consideration. An (FEMA) makes the final determinations environmental impact assessment has PART 67—[AMENDED] listed below for the modified BFEs for not been prepared. each community listed. These modified Regulatory Flexibility Act. As flood n 1. The authority citation for part 67 elevations have been published in elevation determinations are not within continues to read as follows: newspapers of local circulation and the scope of the Regulatory Flexibility Authority: 42 U.S.C. 4001 et seq.; ninety (90) days have elapsed since that Act, 5 U.S.C. 601–612, a regulatory Reorganization Plan No. 3 of 1978, 3 CFR, publication. The Mitigation Division flexibility analysis is not required. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Director of FEMA has resolved any Regulatory Classification. This final 3 CFR, 1979 Comp., p. 376. rule is not a significant regulatory action appeals resulting from this notification. § 67.11 [Amended] This final rule is issued in accordance under the criteria of section 3(f) of with section 110 of the Flood Disaster Executive Order 12866 of September 30, n 2. The tables published under the Protection Act of 1973, 42 U.S.C. 4104, 1993, Regulatory Planning and Review, authority of § 67.11 are amended as and 44 CFR part 67. FEMA has 58 FR 51735. follows:

* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground modified

Stokes County, North Carolina and Incorporated Areas Docket No.: FEMA–B–7465

Ash Camp Creek ...... At the confluence with Town Fork Creek ...... +619 Stokes County (Unincorporated Areas), Town of Walnut Cove. Approximately 1.4 miles upstream of Brook Cove Road (SR +660 1941). Beaverdam Creek ...... At the confluence with Big Creek ...... +898 Stokes County (Unincorporated Areas). Approximately 0.7 mile upstream of Palmer Road (SR 1465) .. +1,003 Belews Creek ...... Approximately 0.9 mile upstream of the confluence with Dan +737 Stokes County (Unincorporated River. Areas). Approximately 0.7 mile downstream of the confluence of East +737 Belews Creek. Tributary 2 ...... At the confluence with Belews Creek ...... +737 Stokes County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with +737 Belews Creek. Tributary 3 ...... At the confluence with Belews Creek ...... +737 Stokes County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with +737 Belews Creek. Tributary of Tributary 3 ...... At the confluence with Belews Creek Tributary 3 ...... +737 Stokes County (Unincorporated Areas). At the Stokes/Rockingham County boundary ...... +737 Belews Lake ...... Entire shoreline within county ...... +737 Stokes County (Unincorporated Areas). Big Beaver Island Creek ...... Approximately 900 feet upstream of the confluence of Big +768 Stokes County (Unincorporated Beaver Island Creek Tributary 12. Areas). Approximately 1.3 miles upstream of Buffalo Road (SR 1636) +860

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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground modified

Big Creek ...... At the confluence with Dan River ...... +768 Stokes County (Unincorporated Areas). At the Stokes/Surry County boundary ...... +1,084 Tributary 1 ...... At the confluence with Big Creek ...... +1,023 Stokes County (Unincorporated Areas). Approximately 0.6 mile upstream of Stevens Road (SR 1404) +1,074 Tributary 2 ...... At the confluence with Big Creek ...... +1,065 Stokes County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with Big +1,124 Creek. Blackies Branch ...... At the confluence with Dan River ...... +655 Stokes County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Dan +669 River. Brushy Fork Creek ...... At the confluence with Town Fork Creek ...... +873 Stokes County (Unincorporated Areas). Approximately 0.2 mile upstream of Mountain View Church +873 Road (SR 1998). Buffalo Creek (into Mayo River) At the Stokes/Rockingham County boundary ...... +753 Stokes County (Unincorporated Areas). Approximately 2.9 miles upstream of the Stokes/Rockingham +822 County boundary. Buffalo Creek (into Town Fork At the confluence with Town Fork Creek ...... +662 Stokes County (Unincorporated Creek). Areas). Approximately 0.5 mile upstream of the confluence with Town +669 Fork Creek. Bull Run ...... At the confluence with Town Fork Creek ...... +605 Stokes County (Unincorporated Areas), Town of Walnut Cove. Approximately 0.9 mile upstream of Martin Luther King, Jr. +645 Road. Coolico Creek (Morgan Pond) .. At the confluence with Old Field Creek ...... +630 Stokes County (Unincorporated Areas). Approximately 1.0 mile upstream of Easley Road (SR 1933) .. +661 Crooked Creek ...... Approximately 1.6 miles upstream of mouth ...... +793 Stokes County (Unincorporated Areas). Approximately 0.6 mile upstream of Frank Joyce Road (SR +980 1617). Crooked Run Creek ...... At the confluence with Little Yadkin River ...... +788 Stokes County (Unincorporated Areas), City of King. Approximately 550 feet upstream of Maple Street ...... +1,070 Crooked Run Creek Tributary .. Approximately 160 feet upstream of the confluence with +904 Stokes County (Unincorporated Crooked Run. Areas), City of King. Approximately 1,800 feet upstream of the confluence of +992 Crooked Run Creek Tributary 2 of Tributary. Crooked Run Creek Tributary 2 Approximately 500 feet upstream of the confluence with +979 City of King. of Tributary. Crooked Run Creek Tributary. Approximately 0.4 mile upstream of the confluence with +1,000 Crooked Run Creek Tributary. Dan River ...... Approximately 500 feet downstream of the confluence of Dan +586 Stokes County (Unincorporated River Tributary 50. Areas), Town of Danbury. Approximately 100 feet upstream of most upstream crossing +1,137 of State boundary. Tributary 48 ...... At the Stokes/Rockingham County boundary ...... +591 Stokes County (Unincorporated Areas). Approximately 350 feet upstream of the Stokes/Rockingham +593 County boundary. Tributary 50 ...... At the confluence with Dan River ...... +586 Stokes County (Unincorporated Areas). Approximately 0.8 mile upstream of U.S. Route 311 ...... +599 Tributary 51 ...... At the confluence with Dan River ...... +586 Stokes County (Unincorporated Areas). Approximately 50 feet downstream of U.S. Route 311 ...... +596 Tributary 52 ...... At the confluence with Dan River ...... +597 Stokes County (Unincorporated Areas). Approximately 0.3 mile upstream of Middleton Loop (SR 1909) +608

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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground modified

Tributary 54 ...... At the confluence with Dan River ...... +610 Stokes County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Dan +628 River. Tributary 56 ...... At the confluence with Dan River ...... +616 Stokes County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Dan +648 River. Tributary 57 ...... At the confluence with Dan River ...... +712 Stokes County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Dan +745 River. Tributary 58 ...... At the confluence with Dan River ...... +894 Stokes County (Unincorporated Areas). Approximately 0.4 mile upstream of Collinstown Road (SR +1,096 1432). Dan River Tributary near At the confluence with Dan River ...... +662 Stokes County (Unincorporated Dodgetown Road. Areas). Approximately 0.6 mile upstream of the confluence with Dan +679 River. Dan River Tributary near Mis- At the confluence with Dan River ...... +686 Stokes County (Unincorporated sion Road. Areas). Approximately 0.3 mile upstream of the confluence with Dan +691 River. Danbury Creek ...... At the confluence with Little Yadkin River ...... +850 Stokes County (Unincorporated Areas), City of King. Approximately 1,000 feet upstream of Goff Road (SR 1138) ... +895 East Prong Little Yadkin River At the confluence with Little Yadkin River ...... +862 Stokes County (Unincorporated Areas). Approximately 2.6 miles upstream of Volunteer Road (SR +918 1136). Elk Creek ...... At the confluence with Dan River ...... +849 Stokes County (Unincorporated Areas). Approximately 100 feet downstream of the North Carolina/Vir- +1,006 ginia State boundary. Eurins Creek ...... Approximately 300 feet upstream of the confluence with Dan +588 Stokes County (Unincorporated River. Areas). Approximately 2.2 miles upstream of U.S. Route 311 ...... +657 Tributary 1 ...... At the confluence with Eurins Creek ...... +603 Stokes County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Eurins +626 Creek. Tributary 2 ...... At the confluence with Eurins Creek ...... +604 Stokes County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with Eurins +627 Creek. Tributary 3 ...... At the confluence with Eurins Creek ...... +650 Stokes County (Unincorporated Areas). Approximately 0.4 mile upstream of the confluence with Eurins +661 Creek. Flat Shoal Creek ...... At the confluence with Dan River ...... +684 Stokes County (Unincorporated Areas), Town of Danbury. Approximately 0.3 mile upstream of Young Road (SR 1990) ... +825 Fulk Creek ...... At the confluence with Dan River ...... +601 Stokes County (Unincorporated Areas), Town of Walnut Grove. Approximately 1.5 miles upstream of U.S. Route 311 ...... +649 Goff Creek ...... At the confluence with Danbury Creek ...... +894 Stokes County (Unincorporated Areas), City of King. Approximately 1,800 feet upstream of Brown Road (SR 1128) +927 Grassy Creek Tributary 8 ...... At the Stokes/Surry County boundary ...... +918 Stokes County (Unincorporated Areas). Approximately 1,100 feet upstream of the Stokes/Surry Coun- +927 ty boundary. Leak Branch ...... At the confluence with Town Fork Creek ...... +703 Stokes County (Unincorporated Areas).

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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground modified

Approximately 50 feet upstream of the Stokes/Forsyth County +703 boundary. Lick Creek ...... At the confluence with Town Fork Creek ...... +609 Stokes County (Unincorporated Areas), Town of Walnut Cove. At the Stokes/Forsyth County boundary ...... +647 Lick Creek Tributary (near Wal- At the confluence with Lick Creek ...... +628 Stokes County (Unincorporated nut Cove). Areas), Town of Walnut Cove. Approximately 900 feet upstream of the confluence with Lick +646 Creek. Tributary 1 ...... At the confluence with Lick Creek ...... +646 Stokes County (Unincorporated Areas). At the Stokes/Forsyth County boundary ...... +647 Little Beaver Island Creek ...... Approximately 1.6 miles downstream of Dunlap Road (SR +657 Stokes County (Unincorporated 1683). Areas). Approximately 50 feet upstream of Franklin Moore Road (SR +785 1679). Little Crooked Creek ...... At the confluence with Crooked Creek ...... +839 Stokes County (Unincorporated Areas). Approximately 1,900 feet upstream of Hope Beasley Road +933 (SR 1615). Little Dan River ...... At the confluence with Dan River ...... +1,018 Stokes County (Unincorporated Areas). Approximately 1,000 feet upstream of the confluence of Little +1,033 Dan River Tributary 1. Tributary 1 ...... At the confluence with Little Dan River ...... +1,029 Stokes County (Unincorporated Areas). Approximately 0.9 mile upstream of the confluence with Little +1,071 Dan River. Little Neatman Creek ...... At the confluence with Neatman Creek ...... +779 Stokes County (Unincorporated Areas). Approximately 0.6 mile upstream of the confluence with +807 Neatman Creek. Little Peter Creek ...... At the confluence with Peters Creek ...... +861 Stokes County (Unincorporated Areas). Approximately 1,200 feet upstream of the confluence of Little +1,004 Peter Creek Tributary. Little Peter Creek Tributary ...... At the confluence with Peter Creek Tributary ...... +992 Stokes County (Unincorporated Areas). Approximately 0.5 mile upstream of the confluence with Peter +1,015 Creek Tributary. Little Snow Creek ...... At the confluence with Snow Creek ...... +774 Stokes County (Unincorporated Areas). Approximately 1.9 miles upstream of Moorefield Road (SR +867 1657). Little Yadkin River ...... Flooding affecting Stokes County approximately 850 feet east +776 Stokes County (Unincorporated along county boundary from Little Yadkin River Tributary Areas). near Perch Road streamline. Approximately 1.0 mile upstream of High Bridge Road (SR +948 1157). At the confluence with the Little Yadkin River ...... +815 Stokes County (Unincorporated Areas). Tributary 1 ...... Approximately 2,475 feet upstream of the confluence with Lit- +821 tle Yadkin River. At the confluence with Little Yadkin River ...... +833 Stokes County (Unincorporated Areas). Tributary 2 ...... Approximately 0.4 mile upstream of Westmoreland Road (SR +845 1104). At the Stokes/Forsyth County boundary ...... +775 Stokes County (Unincorporated Areas). Tributary near Perch Road Approximately 0.5 mile upstream of the confluence with Little +781 Yadkin River. Lynn Branch ...... At the confluence with Snow Creek ...... +664 Stokes County (Unincorporated Areas). Approximately 0.8 mile upstream of Duggins Road (SR 1696) +712

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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground modified

Marshall Creek ...... At the confluence with Big Creek ...... +884 Stokes County (Unincorporated Areas). Approximately 0.7 mile upstream of George Road (SR 1459) +1,022 Martin Creek ...... At the confluence with Town Fork Creek ...... +642 Stokes County (Unincorporated Areas). Approximately 0.8 mile upstream of Brook Cove Road (SR +687 1941). Miles Creek ...... At the confluence with Town Fork Creek ...... +617 Stokes County (Unincorporated Areas), Town of Walnut Cove. Approximately 2.5 miles upstream of East Road (SR 1937) .... +800 Mill Creek ...... At the confluence with Dan River ...... +693 Stokes County (Unincorporated Areas), Town of Danbury. Approximately 1.7 miles upstream of NC Route 8 ...... +820 Mill Creek (Hawkins Mill Creek) At the confluence with Snow Creek ...... +750 Stokes County (Unincorporated Areas). Approximately 2.0 miles upstream of the confluence of Snow +856 Creek. Neatman Creek ...... At the confluence with Town Fork Creek ...... +660 Stokes County (Unincorporated Areas). Approximately 900 feet upstream of Flat Shoals Road (SR +938 2019). North Double Creek ...... At the confluence with Dan River ...... +758 Stokes County (Unincorporated Areas). Approximately 3.1 miles upstream of NC Route 66 ...... +943 Old Field Creek ...... At the confluence with Tom Fork Creek ...... +624 Stokes County (Unincorporated Areas). At the Stokes/Forsyth County boundary ...... +653 Paynes Branch ...... At the confluence with Town Fork Creek ...... +715 Stokes County (Unincorporated Areas). Approximately 50 feet upstream of the Stokes/Forsyth County +780 boundary. Paynes Branch Tributary ...... At the confluence with Paynes Branch ...... +736 Stokes County (Unincorporated Areas). At the Stokes/Forsyth County boundary ...... +863 Peters Creek ...... At the confluence with Dan River ...... +805 Stokes County (Unincorporated Areas). Approximately 200 feet downstream of the North Carolina/Vir- +1,015 ginia State boundary. Pinch Gut Creek ...... At the confluence with Big Creek ...... +916 Stokes County (Unincorporated Areas). Approximately 1.3 miles upstream of Jackson Road (SR 1214) +1,039 Red Bank Creek ...... At the confluence with Town Fork Creek ...... +651 Stokes County (Unincorporated Areas). At the Stokes/Forsyth County boundary ...... +694 Redman Creek ...... At the confluence with Snow Creek ...... +684 Stokes County (Unincorporated Areas). Approximately 1.7 miles upstream of the confluence with +814 Snow Creek. Reed Creek ...... Approximately 0.6 mile downstream of Reynolds Road (SR +606 Stokes County (Unincorporated 1688). Areas). Approximately 0.7 mile upstream of NC Route 772 ...... +690 Scott Branch ...... At the confluence with Dan River ...... +694 Stokes County (Unincorporated Areas), Town of Danbury. Approximately 500 feet upstream of NC Route 8 ...... +794 Seven Island Creek ...... At the confluence with Dan River ...... +708 Stokes County (Unincorporated Areas). Approximately 800 feet upstream of Seven Island Road (SR +708 1665). Snow Creek ...... At the confluence with Dan River ...... +664 Stokes County (Unincorporated Areas). Approximately 0.5 mile upstream of Moore Road (SR 1602) ... +981 South Crooked Creek ...... At the confluence with Little Crooked Creek ...... +856 Stokes County (Unincorporated Areas). Approximately 1.5 miles upstream of the confluence with Little +918 Crooked Creek.

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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground modified

South Double Creek ...... At the confluence with Dan River ...... +756 Stokes County (Unincorporated Areas). Approximately 1.8 miles upstream of NC Route 66 ...... +864 South Double Creek Tributary .. At the confluence with South Double Creek ...... +765 Stokes County (Unincorporated Areas). Approximately 1.3 miles upstream of the confluence with +804 South Double Creek. Timmons Creek ...... At the confluence with Town Fork Creek ...... +751 Stokes County (Unincorporated Areas). Approximately 0.9 mile upstream of Slate Road (SR 1966) ..... +809 Town Fork Creek Tributary 3 ... At the confluence with Town Fork Creek ...... +626 Stokes County (Unincorporated Areas). Approximately 0.7 mile upstream of the confluence with Town +641 Fork Creek. Town Fork Creek ...... At the confluence with Dan River ...... +598 Stokes County (Unincorporated Areas), Town of Walnut Cove. Approximately 300 feet upstream of Covington Road (SR +957 2009). Tributary 1 ...... At the confluence with Town Fork Creek ...... +610 Stokes County (Unincorporated Areas), Town of Walnut Cove. Approximately 0.5 mile upstream of Ninth Street ...... +718 Tributary 2 ...... At the confluence with Town Fork Creek ...... +618 (Unincorporated Areas), Town of Walnut Cove. Approximately 1,600 feet upstream of NC Route 65 ...... +664 Stokes County. Tributary 4 ...... At the confluence with Town Fork Creek ...... +636 Stokes County (Unincorporated Areas). Approximately 1,500 feet upstream of Brook Cove Road (SR +652 1941). Voss Creek ...... At the confluence with Town Fork Creek ...... +633 Stokes County (Unincorporated Areas). Approximately 0.6 mile upstream of Rosebud Road (SR 1945) +756 Voss Creek Tributary ...... At the confluence with Voss Creek ...... +661 Stokes County (Unincorporated Areas). Approximately 1,400 feet upstream of the confluence with +673 Voss Creek. Watts Creek ...... At the confluence with Town Fork Creek ...... +642 Stokes County (Unincorporated Areas). Approximately 1.4 miles upstream of Brook Cove Road (SR +723 1941). West Belews Creek ...... At the confluence with Belews Lake ...... +737 Stokes County (Unincorporated Areas). At the Stokes/Forsyth County boundary ...... +737 West Prong Little Yadkin River At the confluence with Little Yadkin River ...... +882 Stokes County (Unincorporated Areas). Approximately 0.4 mile upstream of Brims Grove Road (SR +1,002 2109). West Prong Little Yadkin River At the confluence with West Prong Little Yadkin River ...... +900 Stokes County (Unincorporated Tributary. Areas). Approximately 0.5 mile upstream of the confluence with West +1,006 Prong Little Yadkin River. Zilphy Creek ...... At the confluence with Dan River ...... +633 Stokes County (Unincorporated Areas). Approximately 0.7 mile upstream of Power Dam Road (SR +659 1712).

# Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES City of King Maps are available for inspection at the King City Hall, 229 South Main Street, King, North Carolina. Town of Danbury Maps are available for inspection at the Danbury Town Hall, 201 Courthouse Circle, Danbury, North Carolina.

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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground modified

Town of Walnut Cove Maps are available for inspection at the Walnut Cove Town Hall, 208 West Third Street, Walnut Cove, North Carolina. Stokes County (Unincorporated Areas) Maps available for inspection at the Stokes County Government Center, 1012 Main Street, Danbury, North Carolina.

Knox County, Tennessee and Incorporated Areas Docket Nos.: FEMA–B–7465 and D–7622

Beaver Creek ...... Approximately 1.3 miles upstream of confluence with Clinch +796 Knox County (Unincorporated River. Areas), City of Knoxville. Approximately 600 feet upstream of Tazewell Pike ...... +1,081 Berry Branch ...... At confluence with Limestone Creek ...... +877 Knox County (Unincorporated Areas). Approximately 3,600 feet upstream of confluence with Lime- +889 stone Creek. Brice Branch ...... At confluence with Flat Creek ...... +946 Knox County (Unincorporated Areas). Approximately 1,320 feet upstream of confluence with Flat +948 Creek. Burnett Creek ...... At confluence with French Broad River ...... +827 Knox County (Unincorporated Areas). Approximately 763 feet upstream of E. Governor John Sevier +865 Highway. Clift Creek ...... At confluence with Lyon Creek ...... +849 Knox County (Unincorporated Areas). Approximately 2.1 miles upstream of Randles Road ...... +985 Conner Creek ...... Approximately 520 feet downstream of Rippling Drive ...... +799 Knox County (Unincorporated Areas). Approximately 307 feet upstream of Conners Creek Circle ...... +960 Cox Creek ...... At confluence with Beaver Creek ...... +1,036 Knox County (Unincorporated Areas). Approximately 701 feet upstream of Tazewell Pike ...... +1,092 Tributary to Cox Creek ...... At confluence with Cox Creek ...... +1,044 Knox County (Unincorporated Areas). Approximately 149 feet upstream of Cedarbreeze Road ...... +1,073 Echo Valley Tributary ...... At confluence with Ten Mile Creek ...... +876 Knox County (Unincorporated Areas). Approximately 157 feet upstream of Echo Valley Road ...... +881 First Creek ...... At confluence with Tennessee River ...... +822 City of Knoxville. Approximately 379 feet upstream of Knox Road ...... +967 Tributary No. 1 ...... At confluence with First Creek ...... +963 City of Knoxville. Approximately 1,341 feet upstream of Rockcrest Road ...... +994 Tributary No. 2 ...... At confluence with First Creek ...... +963 City of Knoxville. Approximately 1,011 feet upstream of Meadow Road ...... +985 Flat Creek ...... Approximately 100 feet upstream of confluence with Holston +847 Knox County (Unincorporated River. Areas). Approximately 937 feet upstream of Longmire Road ...... +992 Fourth Creek ...... At confluence with Tennessee River ...... +818 City of Knoxville. Approximately 175 feet upstream of Middlebrook Pike ...... +925 Tributary No. 1 ...... At confluence with Fourth Creek ...... +835 City of Knoxville. Approximately 365 feet upstream of Lawford Road ...... +922 Tributary No. 3 ...... At confluence with Fourth Creek ...... +917 City of Knoxville. Approximately 586 feet upstream of Picadilly Road ...... +947 French Broad River ...... Approximately 1,000 feet upstream of confluence with Ten- +826 Knox County (Unincorporated nessee River and Holston River. Areas), City of Knoxville. At Knox County boundary ...... +860 Grassy Creek ...... At confluence with Beaver Creek ...... +973 Knox County (Unincorporated Areas), City of Knoxville. Approximately 0.55 mile upstream of Grassy Creek Way ...... +1,024 Grassy Creek Tributary ...... At confluence with Grassy Creek ...... +993 Knox County (Unincorporated Areas). Approximately 1.0 mile upstream of Johnson Road ...... +1,016 Hickory Creek ...... Approximately 500 feet upstream of Campbell Station Road ... +926 Knox County (Unincorporated Areas). Approximately 4,281 feet upstream of Cooper Lane ...... +1,025

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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground modified

Hines Branch ...... At confluence with Beaver Creek ...... +1,014 Knox County (Unincorporated Areas), City of Knoxville. Approximately 1,835 feet upstream of Mynatt Drive ...... +1,078 Hines Creek ...... At confluence with French Broad River ...... +832 Knox County (Unincorporated Areas). Approximately 0.44 mile upstream of Old Sevierville Pike ...... +921 Tributary to Hines Creek ...... At confluence with Hines Creek ...... +902 Knox County (Unincorporated Areas). Approximately 0.47 mile upstream of confluence with Hines +919 Creek. Kerns Branch ...... At confluence with Beaver Creek ...... +1,058 Knox County (Unincorporated Areas). Approximately 842 feet upstream of Coppock Road ...... +1,130 Knob Creek ...... At confluence with Tennessee River ...... +818 Knox County (Unincorporated Areas), City of Knoxville. Approximately 0.6 mile upstream of Martin Mill Pike ...... +903 Knob Fork ...... At confluence with Beaver Creek ...... +994 Knox County (Unincorporated Areas), City of Knoxville. Approximately 183 feet upstream of Fountain City Road ...... +1,080 Limestone Creek ...... At confluence with Tuckahoe Creek ...... +872 Knox County (Unincorporated Areas). Approximately 1,736 feet upstream of Smith School Road ...... +889 Little Flat Creek ...... At confluence with Flat Creek ...... +966 Knox County (Unincorporated Areas). Approximately 0.8 mile upstream of Clement Road ...... +1,042 Little River ...... At confluence with Tennessee River ...... +818 Knox County (Unincorporated Areas), City of Knoxville. Approximately 0.77 mile upstream of Alcoa Highway ...... +819 Little Turkey Creek ...... At the confluence with Turkey Creek ...... +816 Knox County (Unincorporated Areas), Town of Farragut. Approximately 900 feet upstream of Brochardt Boulevard ...... +916 Little Turkey Creek Tributary .... At confluence with Little Turkey Creek ...... +910 Town of Farragut. Approximately 131 feet upstream of Hickory Woods Road ...... +947 Lyon Creek ...... Approximately 100 feet upstream of confluence with Holston +849 Knox County (Unincorporated River. Areas). Approximately 461 feet upstream of Carter Mill Drive ...... +987 Mill Branch ...... At confluence with Willow Fork ...... +1,027 Knox County (Unincorporated Areas), City of Knoxville. Approximately 440 feet upstream of Maynardville Pike ...... +1,142 Murphy Creek ...... At confluence with Whites Creek ...... +974 Knox County (Unincorporated Areas). Approximately 1,350 feet upstream of Link Road ...... +1,087 North Fork Beaver Creek ...... At confluence with Beaver Creek ...... +1,018 Knox County (Unincorporated Areas). Approximately 128 feet upstream of McCloud Road ...... +1,096 North Fork Turkey Creek ...... At confluence with Turkey Creek ...... +836 Town of Farragut. Approximately 1,375 feet upstream of Grigsby Chapel Road ... +944 Plumb Creek ...... At confluence with Beaver Creek ...... +940 Knox County (Unincorporated Areas). Approximately 400 feet upstream of Hickey Road ...... +977 Roseberry Creek ...... At upstream side of Norfolk Southern Railway ...... +844 Knox County (Unincorporated Areas). Approximately 1,352 feet upstream of Maloneyville Road ...... +1,030 Sinking Creek ...... At confluence with Tennessee River ...... +817 Knox County (Unincorporated Areas). Approximately 1,200 feet upstream of Wallace Road ...... +913 Sinking Creek Tributary to Ten At confluence with Ten Mile Creek ...... +900 Knox County (Unincorporated Mile Creek. Areas). Tributary to Ten Mile Creek ...... Approximately 396 feet upstream of Middlebrook Pike ...... +997 Sixmile Branch ...... At end of Burnett Creek ...... +865 Knox County (Unincorporated Areas). Approximately 636 feet upstream of East Marine Drive ...... +908 South Fork Beaver Creek ...... At confluence with Beaver Creek ...... +1,074 Knox County (Unincorporated Areas). Approximately 392 feet upstream of Maloneyville Road ...... +1,107

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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground modified

Stock Creek ...... Approximately 1.23 miles downstream of Martin Mill Pike ...... +819 Knox County (Unincorporated Areas). Approximately 58 feet upstream of McCammon Road ...... +892 Swanpond Creek ...... At upstream side of Holston River Road ...... +830 Knox County (Unincorporated Areas), City of Knoxville. Approximately 3,200 feet upstream of Wooddale Church Road +996 Ten Mile Creek ...... Approximately 2,400 feet downstream of the confluence of +876 Knox County (Unincorporated Ebenezer Branch. Areas), City of Knoxville. Approximately 0.5 mile upstream of Robinson Road ...... +967 Tennessee River ...... Approximately 28.0 miles downstream of Pellissippi Parkway .. +816 Knox County (Unincorporated Areas), City of Knoxville. Approximately 0.75 mile downstream of French Broad and +824 Holston Rivers. Thompson School Tributary ..... At confluence with Beaver Creek ...... +1,067 Knox County (Unincorporated Areas). Approximately 545 feet upstream of East Emory Road ...... +1,086 Tributary to Love Creek ...... Approximately 1,200 feet upstream of confluence with Love +840 City of Knoxville. Creek. Approximately 1,086 feet upstream of Chilhowee Court ...... +866 Tributary to Turkey Creek ...... At confluence with Turkey Creek ...... +909 Knox County (Unincorporated Areas). Approximately 1,300 feet upstream of confluence with Turkey +909 Creek. Tuckahoe Creek ...... At confluence with French Broad River ...... +850 Knox County (Unincorporated Areas). At county boundary ...... +905 Turkey Creek ...... At confluence with Tennessee River ...... +816 Knox County (Unincorporated Areas), Town of Farragut, City of Knoxville. Approximately 1,606 feet upstream of Dutchtown Road ...... +960 West Hills Tributary ...... At confluence with Ten Mile Creek ...... +902 Knox County (Unincorporated Areas), City of Knoxville. Approximately 295 feet upstream of Corteland Drive ...... +931 Whites Creek ...... At confluence with First Creek ...... +957 Knox County (Unincorporated Areas), City of Knoxville. Approximately 0.6 mile upstream of Clearbrook Drive ...... +989 Williams Creek ...... At confluence with Tennessee River ...... +823 City of Knoxville. Approximately 451 feet upstream of Wilson Avenue ...... +898 Willow Fork ...... At confluence with Beaver Creek ...... +1,027 Knox County (Unincorporated Areas). Approximately 628 feet upstream of Brackett Road ...... +1,093

# Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Town of Farragut Maps available for inspection at the Farragut Town Hall, Engineering Department, 11408 Municipal Center Drive, Farragut, Tennessee. Knox County (Unincorporated Areas) Maps available for inspection at Knox County Engineering and Public Works, 205 West Baxter Avenue, Knoxville, Tennessee. City of Knoxville Maps available for inspection at the City of Knoxville Engineering Division, City County Building, 400 Main Street, Room 480, Knoxville, Ten- nessee.

Payne County, Oklahoma and Incorporated Areas Docket No.: FEMA–B–7460

Bell Creek ...... At confluence with Bell Creek and Cottonwood Creek ...... +854 Payne County (Unincorporated Areas), City of Cushing. Intersection of Little Avenue and Bell Creek ...... +917 East Boomer Creek ...... At the intersection of Mceleroy Road and East Boomer Creek +878 Payne County (Unincorporated Areas), City of Stillwater. At the intersection of West Peacable Acres Road and East +931 Boomer Creek.

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* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground modified

Knipe Creek ...... At confluence with Cimarron River and Knipe Creek ...... +841 Payne County (Unincorporated Areas), Town of Perkins. Approximately 11,500 feet upstream the confluence of Knipe +903 Creek and Cimarron River. Perkins Creek ...... At the confluence of Perkins Creek and Cimarron River ...... +844 Payne County (Unincorporated Areas), Town of Perkins. Intersection of 116th Street and Perkins Creek ...... +916 Stillwater Creek ...... Intersection of 44th Avenue and Prairie Road ...... +844 Payne County (Unincorporated Areas), City of Stillwater, Town of Ripley. Approximately 2,000 feet upstream the confluence of Har- +894 rington Creek and Stillwater Creek. West Boomer Creek ...... At the intersection of West Hall of Fame Avenue and West +882 Payne County (Unincorporated Boomer Creek. Areas), City of Stillwater. At the intersection of West Liberty Lane and West Boomer +916 Creek.

* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Unincorporated Areas of Payne County: Maps are available for inspection at 315 West 6th Street, Stillwater, OK 74074. City of Cushing Maps are available for inspection at Cushing City Hall, 100 Judy Adams Blvd., Cushing, OK 74023. City of Stillwater Maps are available for inspection at Stillwater Municipal Building, 723 S. Lewis, Stillwater, OK 74074. Town of Perkins Maps are available for inspection at City Hall, 110 N. Main, Perkins, OK 74059. Town of Ripley Maps are available for inspection at 203 S. Ripley Street, Ripley, OK 74062.

(Catalog of Federal Domestic Assistance No. communities listed below. The BFEs Management Agency, 500 C Street SW., 83.100, ‘‘Flood Insurance.’’) and modified BFEs are the basis for the Washington, DC 20472, (202) 646–3151. Dated: November 30, 2006. floodplain management measures that SUPPLEMENTARY INFORMATION: The David I. Maurstad, each community is required either to Federal Emergency Management Agency Director, Mitigation Division, Federal adopt or to show evidence of being (FEMA) makes the final determinations Emergency Management Agency, Department already in effect in order to qualify or listed below for the modified BFEs for of Homeland Security. remain qualified for participation in the each community listed. These modified [FR Doc. E6–20803 Filed 12–6–06; 8:45 am] National Flood Insurance Program elevations have been published in BILLING CODE 9110–12–P (NFIP). newspapers of local circulation and DATES: The date of issuance of the Flood ninety (90) days have elapsed since that Insurance Rate Map (FIRM) showing publication. The Mitigation Division DEPARTMENT OF HOMELAND BFEs and modified BFEs for each Director of FEMA has resolved any SECURITY community. This date may be obtained appeals resulting from this notification. by contacting the office where the maps This final rule is issued in accordance Federal Emergency Management with section 110 of the Flood Disaster Agency are available for inspection as indicated on the table below. Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has 44 CFR Part 67 ADDRESSES: The final BFEs for each developed criteria for floodplain community are available for inspection management in floodprone areas in Final Flood Elevation Determinations at the office of the Chief Executive accordance with 44 CFR part 60. AGENCY: Federal Emergency Officer of each community. The Interested lessees and owners of real Management Agency, DHS. respective addresses are listed in the property are encouraged to review the table below. ACTION: Final rule. proof Flood Insurance Study and FIRM FOR FURTHER INFORMATION CONTACT: available at the address cited below for SUMMARY: Base (1% annual chance) William R. Blanton, Jr., Engineering each community. The BFEs and Flood Elevations (BFEs) and modified Management Section, Mitigation modified BFEs are made final in the BFEs are made final for the Division, Federal Emergency communities listed below. Elevations at

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selected locations in each community Executive Order 12866 of September 30, n Accordingly, 44 CFR part 67 is are shown. 1993, Regulatory Planning and Review, amended as follows: National Environmental Policy Act. 58 FR 51735. This final rule is categorically excluded Executive Order 13132, Federalism. PART 67—[AMENDED] from the requirements of 44 CFR part This final rule involves no policies that 10, Environmental Consideration. An have federalism implications under n 1. The authority citation for part 67 environmental impact assessment has Executive Order 13132. continues to read as follows: not been prepared. Executive Order 12988, Civil Justice Authority: 42 U.S.C. 4001 et seq.; Regulatory Flexibility Act. As flood Reform. This final rule meets the Reorganization Plan No. 3 of 1978, 3 CFR, elevation determinations are not within applicable standards of Executive Order 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, the scope of the Regulatory Flexibility 12988. 3 CFR, 1979 Comp., p. 376. Act, 5 U.S.C. 601–612, a regulatory § 67.11 [Amended] flexibility analysis is not required. List of Subjects in 44 CFR Part 67 Regulatory Classification. This final Administrative practice and n 2. The tables published under the rule is not a significant regulatory action procedure, Flood insurance, Reporting authority of § 67.11 are amended as under the criteria of section 3(f) of and recordkeeping requirements. follows:

* Elevation in feet (NGVD) + Elevation in feet Flooding source(s) Location of referenced elevation (NAVD) Communities affected # Depth in feet above ground Modified

Bell County, Kentucky and Incorporated Areas Docket No.: FEMA–B–7454

Cumberland River ...... Approximately 6,185 feet downstream of the confluence of Greasy Creek +1,009 Bell County (Unincor- porated Areas). Cumberland River ...... Approximately 770 feet upstream of the confluence of Burst Branch ...... +1,099 City of Pineville. Hances Creek ...... At the confluence with Cumberland River ...... +1,021 Bell County (Unincor- porated Areas). Approximately 5,630 feet upstream of the confluence with Cumberland +1,021 River. Left Fork Straight Creek ...... At the confluence with Straight Creek ...... +1,020 Bell County (Unincor- porated Areas). Approximately 1,915 feet upstream of the confluence of Sims Fork ...... +1,075 Little Yellow Creek ...... At the confluence with Yellow Creek ...... +1,131 City of Middlesboro. Approximately 275 feet upstream of the confluence of Davis Branch ...... +1,141 Straight Creek ...... At the confluence with Cumberland River ...... +1,020 Bell County (Unincoporated Areas). Approximately 3,725 feet upstream of the confluence of Cox Branch ...... +1,161 Yellow Creek ...... At confluence with Cumberland River ...... +1,034 City of Pineville. Bell County (Uninc. Areas). Approximately 375 feet southwest of the intersection of Cumberland Av- +1,141 City of Middlesboro. enue and 34th Street.

# Depth in feet above ground. * National Geodetic Vertical Datum. + North American Vertical Datum. ADDRESSES Bell County (Unincorporated Areas): Maps are available for inspection at Community Map Repository, 1 Courthouse Square, Pineville, Kentucky 40977. City of Middlesboro Maps are available for inspection at Community Map Repository, 21 & Loft Avenue, Middlesboro, Kentucky 40965. City of Pineville Maps are available for inspection at Community Map Repository, 300 Virginia Avenue, Pineville, Kentucky 40977.

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(Catalog of Federal Domestic Assistance No. Title: Licensing, Operation, and DEPARTMENT OF COMMERCE 83.100, ‘‘Flood Insurance.’’) Transition of the 2500–2690 MHz Band. National Oceanic and Atmospheric Dated: November 30, 2006. Form No.: N/A. David I. Maurstad, Administration Estimated Annual Burden: 2,500 Director, Mitigation Division, Federal respondents; 8,355 annual burden Emergency Management Agency, Department 50 CFR Part 648 hours; 0.25–5 hours per respondent. of Homeland Security. [Docket No. 051104293–5344–02; I.D. [FR Doc. E6–20781 Filed 12–6–06; 8:45 am] Needs and Uses: In the Commission’s 112406A] BILLING CODE 9110–12–P Third Memorandum Opinion and Order and Second Report and Order (FCC 06– Fisheries of the Northeastern United 46), New Broadband Radio Service States; Atlantic Bluefish Fishery; FEDERAL COMMUNICATIONS (BRS) and Educational Broadband Quota Transfers COMMISSION Service (EBS) band plan transitions take AGENCY: National Marine Fisheries place in Basic Trading Areas (BTAs), Service (NMFS), National Oceanic and 47 CFR Part 27 which will provide both incumbent Atmospheric Administration (NOAA), [WT Docket Nos. 03–66, 03–67, 02–68, 00– licensees and potential new entrants in Commerce. 230, MM Docket No. 97–217, IB Docket No. the 2495–2690 MHz band with greatly ACTION: Temporary rule; inseason quota 02–364, ET Docket No. 00–258; FCC 06– enhanced flexibility to encourage the transfer. 46] efficient and effective use of spectrum domestically and internationally and SUMMARY: NMFS announces that the Facilitating the Provision of Fixed and the growth and rapid development of Commonwealth of Virginia is Mobile Broadband Access, transferring 300,000 lb (136,078 kg) of Educational and Other Advanced innovative and efficient commercial bluefish quota to the State Services in the 2150–2162 and 2500– communications technologies and of North Carolina from its 2006 quota 2690 MHz Bands; Review of the services. The information collection and that the State of Maine is Spectrum Sharing Plan Among Non- requirements are contained in the transferring 52,000 lb (23,587 kg) of Geostationary Satellite Orbit Mobile following rule sections: (1) The pre- commercial bluefish quota to the State Satellite Service Systems in the 1.6/2.4 transition data request (47 CFR of North Carolina. By this action, NMFS GHz Bands 27.1231(d)); (2) the transition notice (47 CFR 27.1231(e)); (3) the Initiation Plan adjusts the quotas and announces the ACTION: Final rule, announcement of (47 CFR 27.1231(f)); and (4) the post- revised commercial quota for each state effective date. transition notification (47 CFR 27.1235). involved. The Pre-transition data request will be DATES: Effective December 6, 2006 SUMMARY: The Federal Communications collected by a third-party proponent through December 31, 2006, unless Commission (FCC) received Office of (proponent) to assist in the transitioning NMFS publishes a superseding Management and Budget (OMB) document in the Federal Register. approval on October 31, 2006, for the the 2500–2690 MHz band. The proponent may use a variety of FOR FURTHER INFORMATION CONTACT: information collection requirements Douglas Potts, Fishery Management contained in the Third Memorandum methods, including a computerized database. The proponent will send the Specialist, (978) 281–9341, fax (978) Opinion and Order and Second Report 281–9135. and Order (FCC 06–46), OMB Control transition notice to all BRS and EBS Number 3060–1094, pursuant to the licensees in the BTA that the proponent SUPPLEMENTARY INFORMATION: requirements of the Paperwork is transitioning. The FCC will collect the Regulations governing the Atlantic Reduction Act of 1995, Public Law 104– Initiation Plan and the Post-transition bluefish fishery are found at 50 CFR part 13. An agency may not conduct or Notification from the proponent to 648. The regulations require annual sponsor and a person is not required to enable the FCC to assess when specification of a commercial quota that respond to a collection of information transitions have begun and when they is apportioned among the coastal states unless it displays a currently valid have ended. The FCC will use our from Florida through Maine. The control number. electronic comment and filing system process to set the annual commercial quota and the percent allocated to each DATES: (ECFS) database to collect this The effective date for the rules state are described in § 648.160. information from the proponents. and the information collection Two or more states, under mutual requirements contained in 47 CFR Federal Communications Commission. agreement and with the concurrence of 27.1231(d), (f), and (g), and 47 CFR Marlene H. Dortch, the Administrator, Northeast Region, 27.1235 through 27.1239, published in NMFS (Regional Administrator), can the Federal Register on June 19, 2006, Secretary. [FR Doc. E6–20677 Filed 12–6–06; 8:45 am] transfer or combine bluefish commercial at 71 FR 35178, is October 31, 2006. quota under § 648.160(f). The Regional FOR FURTHER INFORMATION CONTACT: BILLING CODE 6712–01–P Administrator is required to consider Nancy Zaczek, Federal Communications the criteria set forth in § 648.160(f)(1) in Commission, Wireless the evaluation of requests for quota Telecommunications Bureau, transfers or combinations. Broadband Division, 445 12th Street, Virginia has agreed to transfer 300,000 SW., Washington, DC 20554, at (202) lb (136,078 kg) of its 2006 commercial 418–7590 or via the Internet at quota to North Carolina. Maine has [email protected]. agreed to transfer 52,000 lb (23,587 kg) SUPPLEMENTARY INFORMATION: of its 2006 commercial quota to North OMB Control No.: 3060–1094. Carolina. The Regional Administrator OMB Approval Date: 10/31/2006. has determined that the criteria set forth OMB Expiration Date: 10/31/2009. in § 648.160(f)(1) have been met for each

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of these transfers. The revised quotas for Classification Dated: November 29, 2006. calendar year 2006 are: North Carolina, James P. Burgess, 3,204,869 lb (1,453,704 kg); Virginia, This action is taken under 50 CFR Acting Director, Office of Sustainable 420,915 lb (190,924 kg); and Maine, part 648 and is exempt from review Fisheries, National Marine Fisheries Service. under Executive Order 12866. 1,230 lb (558 kg). [FR Doc. E6–20713 Filed 12–6–06; 8:45 am] Authority: 16 U.S.C. 1801 et seq. BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 71, No. 235

Thursday, December 7, 2006

This section of the FEDERAL REGISTER • Federal eRulemaking Portal: http:// aspects of this proposed AD. We will contains notices to the public of the proposed www.regulations.gov. Follow the consider all comments received by the issuance of rules and regulations. The instructions for submitting comments. closing date and may amend this purpose of these notices is to give interested proposed AD because of those Examining the AD Docket persons an opportunity to participate in the comments. rule making prior to the adoption of the final You may examine the AD docket on We will post all comments we rules. the Internet at http://dms.dot.gov; or in receive, without change, to http:// person at the Docket Management dms.dot.gov, including any personal DEPARTMENT OF TRANSPORTATION Facility between 9 a.m. and 5 p.m., information you provide. We will also Monday through Friday, except Federal post a report summarizing each Federal Aviation Administration holidays. The AD docket contains this substantive verbal contact we receive proposed AD, the regulatory evaluation, about this proposed AD. 14 CFR Part 39 any comments received, and other Discussion information. The street address for the ´ ´ Docket Office (telephone (800) 647– The Direction Generale de l’ Aviation [Docket No. FAA–2006–26233; Directorate Civile, which is the aviation authority Identifier 2006–CE–63–AD] 5227) is in the ADDRESSES section. Comments will be available in the AD for France, has issued French AD No. No. F–2005–133, dated August 3, 2005 RIN 2120–AA64 docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the Airworthiness Directives; EADS Albert J. Mercado, Aerospace Engineer, specified products. The MCAI states the SOCATA Model TBM 700 Airplanes FAA, Small Airplane Directorate, 901 finding of an improper geometry of Locust, Room 301, Kansas City, some pulley brackets, which can offset AGENCY: Federal Aviation Missouri 64106; telephone: (816) 329– the cable in the sheave. If not corrected, Administration (FAA), Department of 4119; fax: (816) 329–4090. Transportation (DOT). this could reduce the ability to control SUPPLEMENTARY INFORMATION: ACTION: Notice of proposed rulemaking the roll of the aircraft. The MCAI (NPRM). Streamlined Issuance of AD requires that you accomplish a detailed inspection of the aileron control cable The FAA is implementing a new SUMMARY: We propose to adopt a new pulleys and brackets, and apply process for streamlining the issuance of airworthiness directive (AD) for the corrective actions as necessary. You ADs related to MCAI. The streamlined products listed above. This proposed may obtain further information by process will allow us to adopt MCAI AD results from mandatory continuing examining the MCAI in the AD docket. safety requirements in a more efficient airworthiness information (MCAI) manner and will reduce safety risks to Relevant Service Information issued by an aviation authority of the public. This process continues to another country to identify and correct EADS SOCATA has issued EADS follow all FAA AD issuance processes to an unsafe condition on an aviation SOCATA Mandatory Alert Service meet legal, economic, Administrative product. The MCAI describes the unsafe Bulletin SB 70–134, ATA No. 27, dated Procedure Act, and Federal Register condition as the finding of an improper July 2005. The actions described in this requirements. We also continue to meet geometry of some pulley brackets, service information are intended to our technical decision-making which can offset the cable in the sheave. correct the unsafe condition identified responsibilities to identify and correct The proposed AD would require actions in the MCAI. unsafe conditions on U.S.-certificated that are intended to address the unsafe products. FAA’s Determination and Requirements condition described in the MCAI. This proposed AD references the of the Proposed AD DATES: We must receive comments on MCAI and related service information This product has been approved by this proposed AD by January 8, 2007. that we considered in forming the the aviation authority of another ADDRESSES: You may send comments by engineering basis to correct the unsafe country, and is approved for operation any of the following methods: condition. The proposed AD contains in the United States. Pursuant to our • DOT Docket Web Site: Go to http:// text copied from the MCAI and for this bilateral agreement with this State of dms.dot.gov and follow the instructions reason might not follow our plain Design Authority, they have notified us for sending your comments language principles. of the unsafe condition described in the electronically. Comments Invited MCAI and service information • Fax: (202) 493–2251. referenced above. We are proposing this • Mail: Docket Management Facility, We invite you to send any written AD because we evaluated all U.S. Department of Transportation, 400 relevant data, views, or arguments about information and determined the unsafe Seventh Street, SW., Nassif Building, this proposed AD. Send your comments condition exists and is likely to exist or Room PL–401, Washington, DC 20590– to an address listed under the develop on other products of the same 0001. ADDRESSES section. Include ‘‘Docket No. type design. • Hand Delivery: Room PL–401 on FAA–2006–26233; Directorate Identifier the plaza level of the Nassif Building, 2006–CE–63–AD’’ at the beginning of Differences Between This Proposed AD 400 Seventh Street, SW., Washington, your comments. We specifically invite and the MCAI or Service Information DC, between 9 a.m. and 5 p.m., Monday comments on the overall regulatory, We have reviewed the MCAI and through Friday, except Federal holidays. economic, environmental, and energy related service information and, in

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general, agree with their substance. But proposed AD would not have a of this AD, accomplish a detailed inspection we might have found it necessary to use substantial direct effect on the States, on of the aileron control cable pulleys and different words from those in the MCAI the relationship between the national brackets, and apply corrective actions as to ensure the AD is clear for U.S. necessary, following EADS SOCATA Government and the States, or on the Mandatory Alert Service Bulletin SB 70–134, operators and is enforceable. In making distribution of power and ATA No. 27, dated July 2005. these changes, we do not intend to differ responsibilities among the various substantively from the information levels of government. FAA AD Differences provided in the MCAI and related For the reasons discussed above, I Note: This AD differs from the MCAI and/ service information. certify this proposed regulation: or service information as follows: No We might also have proposed 1. Is not a ‘‘significant regulatory differences. different actions in this AD from those action’’ under Executive Order 12866; Other FAA AD Provisions in the MCAI in order to follow FAA 2. Is not a ‘‘significant rule’’ under the policies. Any such differences are DOT Regulatory Policies and Procedures (f) The following provisions also apply to described in a separate paragraph of the this AD: (44 FR 11034, February 26, 1979); and (1) Alternative Methods of Compliance proposed AD. These requirements, if 3. Will not have a significant (AMOCs): The Manager, Standards Staff, ultimately adopted, will take economic impact, positive or negative, FAA, ATTN: Albert J. Mercado, Aerospace precedence over the actions copied from on a substantial number of small entities Safety Engineer, FAA, Small Airplane the MCAI. under the criteria of the Regulatory Directorate, 901 Locust, Room 301, Kansas Flexibility Act. City, Missouri 64106; telephone: (816) 329– Costs of Compliance We prepared a regulatory evaluation 4119; fax: (816) 329–4090, has the authority Based on the service information, we of the estimated costs to comply with to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. estimate that this proposed AD would this proposed AD and placed it in the affect about 55 products of U.S. registry. (2) Airworthy Product: For any AD docket. requirement in this AD to obtain corrective We also estimate that it would take List of Subjects in 14 CFR Part 39 actions from a manufacturer or other source, about 12 work-hours per product to use these actions if they are FAA-approved. comply with the proposed AD. The Air transportation, Aircraft, Aviation Corrective actions are considered FAA- average labor rate is $80 per work-hour. safety, Safety. approved if they are approved by the State Required parts would cost about $8,600 of Design Authority (or their delegated per product. Where the service The Proposed Amendment agent). You are required to assure the product information lists required parts costs Accordingly, under the authority is airworthy before it is returned to service. (3) Reporting Requirements: For any that are covered under warranty, we delegated to me by the Administrator, reporting requirement in this AD, under the have assumed that there will be no the FAA proposes to amend 14 CFR part provisions of the Paperwork Reduction Act charge for these costs. As we do not 39 as follows: (44 U.S.C. 3501 et seq.), the Office of control warranty coverage for affected Management and Budget (OMB) has parties, some parties may incur costs PART 39—AIRWORTHINESS approved the information collection higher than estimated here. Based on DIRECTIVES requirements and has assigned OMB Control Number 2120–0056. these figures, we estimate the cost of the 1. The authority citation for part 39 proposed AD on U.S. operators to be continues to read as follows: Related Information ´ ´ $525,800, or $9,560 per product. Authority: 49 U.S.C. 106(g), 40113, 44701. (g) Refer to Direction Generale de l’ Authority for This Rulemaking Aviation Civile Airworthiness Directive No. § 39.13 [Amended] F–2005–133, dated August 3, 2005, and Title 49 of the United States Code 2. The FAA amends § 39.13 by adding EADS SOCATA Mandatory Alert Service specifies the FAA’s authority to issue Bulletin SB 70–134, ATA No. 27, dated July rules on aviation safety. Subtitle I, the following new AD: 2005, for related information. section 106, describes the authority of EADS SOCATA: Docket No. FAA–2006– Issued in Kansas City, Missouri, on the FAA Administrator. ‘‘Subtitle VII: 26233; Directorate Identifier 2006–CE– November 29, 2006. 63–AD. Aviation Programs,’’ describes in more David R. Showers, detail the scope of the Agency’s Comments Due Date Acting Manager, Small Airplane Directorate, authority. (a) We must receive comments by January Aircraft Certification Service. We are issuing this rulemaking under 8, 2006. [FR Doc. E6–20760 Filed 12–6–06; 8:45 am] the authority described in ‘‘Subtitle VII, BILLING CODE 4910–13–P Part A, Subpart III, Section 44701: Affected ADs General requirements.’’ Under that (b) None. section, Congress charges the FAA with Applicability DEPARTMENT OF TRANSPORTATION promoting safe flight of civil aircraft in (c) This AD applies to Model TBM 700 air commerce by prescribing regulations airplanes, serial numbers 261 through 268 Federal Aviation Administration for practices, methods, and procedures and 270 through 323, certificated in any the Administrator finds necessary for category. 14 CFR Part 71 safety in air commerce. This regulation Reason [Docket No. FAA–2006–26311; Airspace is within the scope of that authority Docket No. 06–AWP–19] because it addresses an unsafe condition (d) The mandatory continuing that is likely to exist or develop on airworthiness information (MCAI) states the RIN 2120–AA66 products identified in this rulemaking finding of an improper geometry of some pulley brackets, which can offset the cable in action. Proposed Modification of Class D the sheave. If not corrected, this could reduce Airspace; Luke Air Force Base, AZ Regulatory Findings the ability to control the roll of the aircraft. AGENCY: Federal Aviation We determined that this proposed AD Actions and Compliance Administration (FAA), DOT. would not have federalism implications (e) Unless already done, within the next 50 ACTION: Notice of proposed rulemaking. under Executive Order 13132. This hours time-in-service after the effective date

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SUMMARY: This notice proposes to environmental, and energy-related the ceiling of the existing Class D modify Class D airspace at Luke Air aspects of the proposal. airspace area from 3,600′ MSL to, but Force Base (LUF), AZ. This modification Communications should identify both not including, 4,000′ MSL. It will also is necessary to contain and protect docket numbers and be submitted in expand the lateral limit of the existing circling maneuvers for Category E triplicate to the address listed above. Class D airspace area from 4.4 NM to 5.6 aircraft executing these maneuvers in Commenters wishing the FAA to NM starting at the 170° bearing from the conjunction with Standard Instrument acknowledge receipt of their comments airport and proceeding clockwise to the Approach Procedures (SIAPs) at the on this notice must submit with those 046° bearing from the airport. airport. This action would modify the comments a self-addressed, stamped Class D airspace areas are published existing LUF Class D airspace to extend postcard on which the following in Paragraph 5000 of FAA Order upward from the surface to, but not statement is made: ‘‘Comments to 7400.9P, dated September 1, 2006, and including, 4,000 feet mean sea level Docket No. FAA–2006–26311/Airspace effective September 16, 2006, which is (MSL) and extend the lateral limits from Docket No. 06–AWP–19.’’ The postcard incorporated by reference in 14 CFR 4.4 nautical miles (NM) to 5.6 NM from will be date/time stamped and returned 71.1. The Class D airspace designation the 170° bearing from the airport to the commenter. All communications listed in this document would be clockwise to the 046° bearing from the received before the specified closing published subsequently in the Order. airport. date for comments will be considered The FAA has determined that this before taking action on the proposed DATES: Comments must be received on proposed regulation only involves an rule. The proposal contained in this or before January 8, 2007. established body of technical notice may be changed in light of the regulations for which frequent and ADDRESSES: Send comments on this comments received. A report routine amendments are necessary to proposal to the Docket Management summarizing each substantive public keep the operationally current. It, System, U.S. Department of contact with FAA personnel concerned therefore, (1) Is not a ‘‘significant Transportation, Room Plaza 401, 400 with this rulemaking will be filed in the regulatory action’’ under Executive Seventh Street, SW., Washington, DC docket. Order 12866; (2) is not a ‘‘significant 20590–0001. You must identify the rule’’ under DOT Regulatory Policies docket number FAA–2006–26311/ Availability of NPRMs and Procedures (44 FR 11034; February Airspace Docket No. 06–AWP–19, at the An electronic copy of this document 26, 1979); and (3) does not warrant beginning of your comments. You may may be downloaded through the preparation of a Regulatory Evaluation also submit comments on the Internet at Internet at http://dms.dot.gov. Recently as the anticipated impact is so minimal. http://dms.dot.gov. You may review the published rulemaking documents can Since this is a routine matter that will public docket containing the proposal, also be accessed through the FAA’s Web only affect air traffic procedures and air any comments received, and any final page at http://www.faa.gov or the navigation, it is certified that this rule, disposition in person in the Dockets Superintendent of Document’s Web when promulgated, will not have a Office between 9 a.m. and 5 p.m., page at http://www.gpoaccess.gov/fr/ significant economic impact on a Monday through Friday, except Federal index.html. Additionally, any person substantial number of small entities holidays. The Docket office (telephone may obtain a copy of this notice by under the criteria of the Regulatory 1–800–647–5527) is on the plaza level submitting a request to the Federal Flexibility Act. of the Department of Transportation Aviation Administration, Office of Air NASSIF Building at the above address. Traffic Airspace Management, ATA– List of Subjects in 14 CFR Part 71 An informal docket may also be 400, 800 Independence Avenue, SW., Washington, DC 20591, or by calling Airspace, Incorporation by reference, examined during normal business hours Navigation (air). at the office of the Area Director, (202) 267–8783. Communications must Terminal Operations, Western Service identify both docket numbers for this The Proposed Amendment notice. Persons interested in being Area, Federal Aviation Administration, In consideration of the foregoing, the placed on a mailing list for future Room 2010, 15000 Aviation Boulevard, Federal Aviation Administration NPRM’s should contact the FAA’s Lawndale, California, 90261. proposes to amend 14 CFR part 71 as Office of Rulemaking, (202) 267–9677, FOR FURTHER INFORMATION CONTACT: follows: to request a copy of Advisory Circular Francie Hope, System Support No. 11–2A, Notice of Proposed Specialist, Western Service Area, PART 71—DESIGNATION OF CLASS A, Rulemaking Distribution System, which Federal Aviation Administration, 15000 CLASS B, CLASS C, CLASS D, AND describes the application procedure. Aviation Boulevard, Lawndale, CLASS E AIRSPACE AREAS; California 90261; telephone (310) 725– The Proposal AIRWAYS; ROUTES; AND REPORTING POINTS 6502. The FAA is considering an SUPPLEMENTARY INFORMATION: amendment to part 71 of the Federal 1. The authority citation for part 71 Aviation Regulations (14 CFR part 71) to Comments Invited continues to read as follows: modify Class D airspace at Luke Air Authority: 49 U.S.C. 106(g); 40103, 40113, Interested parties are invited to Force Base (LUF), AZ. This action is 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– participate in this proposed rulemaking necessary at LUF to provide controlled 1963 Comp., 389. by submitting such written data, views airspace for Category E aircraft or arguments as they may desire. conducting circling maneuvers in § 71.1 [Amended] Comments that provide the factual basis conjunction with published SIAPs. 2. The incorporation by reference in supporting the views and suggestions Generally, Category E aircraft are very 14 CFR 71.1 of Federal Aviation presented are particularly helpful in large and/or high performance aircraft. Administration Order 7400.9P, Airspace developing reasoned regulatory At LUF, these aircraft require additional Designations and Reporting Points, decisions on the proposal. Comments airspace when conducting circling dated September 1, 2006, and effective are specifically invited on the overall maneuvers due to high speed and high September 16, 2006, is amended as regulatory, aeronautical, economic, performance. This proposal will raise follows:

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Paragraph 5000 Class D Airspace. beginning of your comments. You may Internet at http://dms.dot.gov. Recently * * * * * also submit comments in the Internet at published rulemaking documents can http://dms.dot.gov.You may review the AWP AZ D Phoenix, Luke AFB, AZ also be accessed through the FAA’s Web [Amended] public docket containing the proposal, page at http://www.faa.gov or the any comments received, and any final Superintendent of Document’s Web Phoenix Luke AFB, AZ disposition in person in the Dockets (Lat. 33°32′06″ N, Long. 112°22′59″ W) page at http://www.access.gpo.gov/nara. Office between 9 a.m. and 5 p.m., Additionally, any person may obtain a That airspace extending upward from the Monday through Friday, except Federal surface to but not including 4,000 feet MSL copy of this notice by submitting a within a 5.6-mile radius of Luke AFB bearing holidays. The Docket office (telephone request to the Federal Aviation 170° clockwise to 046° from the airport; and 1–800–647–5527) is on the plaza level Administration, Office of Air Traffic within 4.4 miles of Luke AFB bearing 046° of the Department of Transportation Airspace Management, ATA–400, 800 ° clockwise through 170 from the airport; and NASSIF Building at the above address. Independence Avenue, SW., excluding that portion with the Glendale, An informal docket may also be Washington, DC 20591, or by calling AZ, and Goodyear, AZ, Class D airspace examined during normal business hours areas. This Class D airspace area is effective (202) 267–8783. Communications must at the office of the Regional Air Traffic identify both docket numbers for this during the specific dates and times Division, Federal Aviation established in advance by a Notice to notice. Persons interested in being Administration, Room 550, 1701 Airmen. The effective dates and times will placed on a mailing list for future Columbia Avenue, College Park, Georgia thereafter be continually published in the NPRM’s should contact the FAA’s 30337. Airport/Facility Directory. Office of Rulemaking, (202) 267–9677, * * * * * FOR FURTHER INFORMATION CONTACT: to request a copy of Advisory Circular Mark Ward, Manager, System Support Issued in Los Angeles, California, on No. 11–2A, Notice of Proposed November 20, 2006. Group, Eastern Service Center, Federal Rulemaking Distribution System, which Aviation Administration, P.O. Box Anthony J. DiBernardo, describes the application procedure. 20636, Atlanta, Georgia 30320; Acting Director, Western Terminal telephone (404) 305–5627. The Proposal Operations. SUPPLEMENTARY INFORMATION: [FR Doc. 06–9563 Filed 12–6–06; 8:45 am] The FAA is considering an BILLING CODE 4910–13–M Comments Invited amendment to Part 71 of the Federal Interested parties are invited to Aviation Regulations (14 CFR Part 71) to amend Class E5 airspace at Covington, DEPARTMENT OF TRANSPORTATION participate in this proposed rulemaking by submitting such written data, views GA. Class E airspace designations for airspace areas extending upward from Federal Aviation Administration or arguments as they may desire. Comments that provide the factual basis 700 feet or more above the surface of the earth are published in Paragraph 6005 of 14 CFR Part 71 supporting the views and suggestions presented are particularly helpful in FAA Order 7400.9P, dated September [Docket No. FAA–2006–26086; Airspace developing reasoned regulatory 16, 2006, and effective September 16, Docket No. 06–ASO–14] decisions on the proposal. Comments 2006, which is incorporated by reference in 14 CFR 71.1. The Class E Proposed Amendment of Class E are specifically invited on the overall airspace designations listed in this Airspace; Covington, GA regulatory, aeronautical, economic, environmental, and energy-related document would be published AGENCY: Federal Aviation aspects of the proposal. subsequently in the Order. Administration (FAA), DOT. Communications should identify both The FAA has determined that this ACTION: Notice of proposed rulemaking. docket numbers and be submitted in proposed regulation only involves an triplicate to the address listed above. established body of technical SUMMARY: This notice proposes to Commenters wishing the FAA to amend Class E5 airspace at Covington, regulations for which frequent and acknowledge receipt of their comments routine amendments are necessary to GA. As a result of an evaluation, it has on this notice must submit with those been determined a modification should keep them operationally current. It, comments a self-addressed, stamped therefore, (1) is not a ‘‘significant be made to the Covington, GA, Class E5 postcard on which the following airspace area to contain the regulatory action’’ under Executive statement is made: ‘‘Comments to Order 12866; (2) is not a ‘‘significant Nondirectional Radio Beacon (NDB) Docket No. FAA–20064–26086/Airspace Runway 28, Standard Instrument rule’’ under DOT Regulatory Policies Docket No. 06–ASO–14.’’ The postcard and Procedures (44 FR 11034; February Approach Procedure (SIAP) to will be date/time stamped and returned Covington Municipal Airport, 26, 1979); and (3) does not warrant to the commenter. All communications preparation of a Regulatory Evaluation Covington, GA. Additional controlled received before the specified closing airspace extending upward from 700 as the anticipated impact is so minimal. date for comments will be considered Since this is a routine matter that will feet Above Ground Level (AGL) is before taking action on the proposed only affect air traffic procedures and air needed to contain the SIAP. rule. The proposal contained in this navigation, it is certified that this rule, DATES: Comments must be received on notice may be changed in light of the when promulgated, will not have a or before January 8, 2007. comments received. A report significant economic impact on a ADDRESSES: Send comments on this summarizing each substantive public substantial number of small entities proposal to the Docket Management contact with FAA personnel concerned System, U.S. Department of with this rulemaking will be filed in the under the criteria of the Regulatory Transportation, Room Plaza 401, 400 docket. Flexibility Act. Seventh Street, SW., Washington, DC List of Subjects in 14 CFR Part 71 20590–0001. You must identify the Availability of NPRMs docket number FAA–2006–26086/ An electronic copy of this document Airspace, Incorporation by reference, Airspace Docket No. 06–ASO–14, at the may be downloaded through the Navigation (Air).

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The Proposed Amendment ACTION: Proposed rule. default.htm, including any personal information provided. For additional In consideration of the foregoing, the SUMMARY: The Food and Drug Federal Aviation Administration information on submitting comments, Administration (FDA) is publishing this see the ‘‘Request for Comments’’ proposes to amend 14 CFR part 71 as companion proposed rule to the direct follows: heading of the SUPPLEMENTARY final rule, published elsewhere in this INFORMATION section of this document. PART 71—DESIGNATION OF CLASS A, issue of the Federal Register, that is intended to amend our regulation on the Docket: For access to the docket to CLASS B, CLASS C, CLASS D, AND read background documents or CLASS E AIRSPACE AREAS; use of ozone-depleting substances (ODSs) in pressurized containers to comments received, go to http:// AIRWAYS; ROUTES; AND REPORTING www.fda.gov/ohrms/dockets/ POINTS remove the essential use designations for beclomethasone, dexamethasone, default.htm and insert the docket 1. The authority citation for part 71 fluticasone, bitolterol, salmeterol, number, found in brackets in the continues to read as follows: ergotamine tartrate, and ipratropium heading of this document, into the ‘‘Search’’ box and follow the prompts Authority: 49 U.S.C. 106(g); 40103, 40113, bromide used in oral pressurized metered-dose inhalers (MDIs). Under and/or go to the Division of Dockets 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Management, 5630 Fishers Lane, rm. 1963 Comp., p. 389. the Clean Air Act, FDA, in consultation with the Environmental Protection 1061, Rockville, MD 20852. § 71.1 [Amended] Agency (EPA), is required to determine FOR FURTHER INFORMATION CONTACT: 2. The incorporation by reference in whether an FDA-regulated product that Martha Nguyen or Wayne H. Mitchell, 14 CFR 71.1 of Federal Aviation releases an ODS is essential. None of Center for Drug Evaluation and Research Administration Order 7400.9P, Airspace these products is currently being (HFD–7), Food and Drug Designations and Reporting Points, marketed, which provides grounds for Administration, 5600 Fishers Lane, dated September 16, 2006, and effective removing their essential use Rockville, MD 20857, 301–594–2041. September 16, 2006, is amended as designation. follows: SUPPLEMENTARY INFORMATION: DATES: Submit written or electronic I. Background Paragraph 6005 Class E airspace areas comments by February 20, 2007. extending upward from 700 feet or more ADDRESSES: You may submit comments, As described more fully in the related above the surface of the earth. identified by Docket No. 2006N–0416 direct final rule, the Clean Air Act * * * * * and RIN Number 0910–AF93, by any of prohibits most uses of ASO GA E5 Covington, GA [Revised] the following methods: chlorofluorocarbons (CFCs) (a class of ODSs). Medical products which FDA, in Covington Municipal Airport, GA Electronic Submissions ° ′ ″ ° ′ ″ consultation with EPA, determines to be (Lat. 33 37 57 N., long. 83 50 58 W.) Submit electronic comments in the Alcovy NDB essential are exempt from the general (Lat. 33°37′47″ N., long. 83°46′56″ W.) following ways: ban. In 1978, we published a rule listing • Federal eRulemaking Portal: http:// That airspace extending upward from 700 several essential uses of CFCs and feet above the surface within a 6.3-mile www.regulations.gov. Follow the providing criteria for adding new instructions for submitting comments. essential uses (43 FR 11301 at 11316, radius of the Covington Municipal Airport • and within 4 miles north and 8 miles south Agency Web site: http:// March 17, 1978). The rule was codified of the 096° bearing from the Alcovy NDB www.fda.gov/dockets/ecomments. as § 2.125 (21 CFR 2.125) and was extending from the 6.3-mile radius to 16 Follow the instructions for submitting subsequently amended various times to miles east of the NDB. comments on the agency Web site. add or remove essential uses. In 2002, * * * * * Written Submissions we amended § 2.125 to provide, among other things, criteria for the removal of Issued in College Park, Georgia, on Submit written submissions in the November 22, 2006. additional essential use designations in following ways: Mark D. Ward, • FAX: 301–827–6870. the future. The rule provides that if any Manager, System Support Group, Eastern • Mail/Hand delivery/Courier [For product that releases an ODS is no Service Center. paper, disk, or CD–ROM submissions]: longer being marketed, the product may [FR Doc. 06–9564 Filed 12–6–06; 8:45 am] Division of Dockets Management (HFA– have its essential use designation BILLING CODE 4910–13–M 305), Food and Drug Administration, revoked through notice-and-comment 5630 Fishers Lane, rm. 1061, Rockville, rulemaking. MD 20852. We are proposing to amend our DEPARTMENT OF HEALTH AND To ensure more timely processing of regulations to remove oral pressurized HUMAN SERVICES comments, FDA is no longer accepting metered-dose inhalers releasing comments submitted to the agency by e- beclomethasone, dexamethasone, Food and Drug Administration mail. FDA encourages you to continue fluticasone, bitolterol, salmeterol, to submit electronic comments by using ergotamine tartrate, and ipratropium 21 CFR Part 2 the Federal eRulemaking Portal or the bromide from the list of essential uses [Docket No. 2006N–0416] agency Web site, as described in the of ODSs found at § 2.125(e) (21 CFR Electronic Submissions portion of this 2.125(e)). None of these products is RIN 0910–AF93 paragraph. currently being marketed in MDIs that Use of Ozone-Depleting Substances; Instructions: All submissions received release ODSs, which, under § 2.125(g)(1) Removal of Essential Use must include the agency name and (21 CFR 2.125(g)(1)), is grounds for Designations; Companion Document docket number and Regulatory removing the essential use status. to Direct Final Rule Information Number (RIN) for this Because these products are no longer rulemaking. All comments received will being marketed, this action will not AGENCY: Food and Drug Administration, be posted without change to http:// result in any drugs being made HHS. www.fda.gov/ohrms/dockets/ unavailable to patients.

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II. Additional Information III. Environmental Impact V. The Paperwork Reduction Act of 1995 This proposed rule is a companion to We have carefully considered, under the direct final rule published in the 21 CFR part 25, the potential FDA tentatively concludes that this final rules section in this issue of the environmental effects of this action. We proposed rule contains no collection of Federal Register. This companion have concluded that the action will not information. Therefore, clearance by the proposed rule and the direct final rule have a significant impact on the human Office of Management and Budget under are identical in substance. This environment and that an environmental the Paperwork Reduction Act of 1995 is companion proposed rule will provide impact statement is not required. Our not required. the procedural framework to proceed finding of no significant impact and the VI. Federalism with standard notice-and-comment evidence supporting that finding, rulemaking in the event the direct final contained in an environmental FDA has analyzed this proposed rule rule receives significant adverse assessment, may be seen in the Division in accordance with the principles set comment and is withdrawn. The of Dockets Management (see ADDRESSES) forth in Executive Order 13132. FDA comment period for the companion between 9 a.m. and 4 p.m., Monday has determined that the rule does not proposed rule runs concurrently with through Friday. contain policies that have substantial the comment period of the direct final direct effects on the States, on the rule. Any comments received under the IV. Analysis of Impacts relationship between the National companion proposed rule will be Government and the States, or on the treated as comments regarding the direct FDA has examined the impacts of the distribution of power and final rule and vice-versa. proposed rule under Executive Order responsibilities among the various A significant adverse comment is one 12866 and the Regulatory Flexibility Act levels of government. Accordingly, the that explains why the rule would be (5 U.S.C. 601–612), and the Unfunded agency has concluded that the rule does inappropriate, including challenges to Mandates Reform Act of 1995 (Pub. L. not contain policies that have the rule’s underlying premise or 104–4). Executive Order 12866 directs federalism implications as defined in approach, or would be ineffective or agencies to assess all costs and benefits the Executive order and, consequently, unacceptable without a change. A of available regulatory alternatives and, we do not plan to prepare a federalism comment recommending a rule change when regulation is necessary, to select summary impact statement for this in addition to this rule will not be regulatory approaches that maximize rulemaking procedure. We invite considered a significant adverse net benefits (including potential comments on the federalism comment, unless the comment states economic, environmental, public health implications of this proposed rule. why this rule would be ineffective and safety, and other advantages; without the additional change. distributive impacts; and equity). The VII. Request for Comments If no significant adverse comment is agency believes that this proposed rule Interested persons may submit to the received in response to the direct final is not a significant regulatory action as Division of Dockets Management (see rule, no further action will be taken defined by the Executive order. ADDRESSES) written or electronic related to the companion proposed rule. The Regulatory Flexibility Act comments regarding this document. Instead, we will publish a confirmation requires agencies to analyze regulatory This comment period runs concurrently notice within 30 days after the comment options that would minimize any with the comment period for the direct period ends, and we intend the direct significant impact of a rule on small final rule; any comments received will final rule to become effective 30 days entities. Because we are proposing to be considered as comments regarding after publication of the confirmation remove the essential use designations the direct final rule. Submit a single notice, except for § 2.125(e)(4)(v) (21 for certain drug products that are either copy of electronic comments or two CFR 2.125(e)(4)(v)), which we intend to no longer being marketed or are no copies of any mailed comments, except become effective August 1, 2007. longer being marketed in a formulation that individuals may submit one copy. If we receive significant adverse releasing ODSs, the agency certifies that Comments are to be identified with the comments, we will withdraw the direct the proposed rule will not have a docket number found in brackets in the final rule. We will proceed to respond significant economic impact on a heading of this document. Received to all the comments received regarding substantial number of small entities. comments may be seen in the Division the direct final rule, treating those of Dockets Management between 9 a.m. Section 202(a) of the Unfunded comments as comments to this proposed and 4 p.m., Monday through Friday. rule. The agency will address the Mandates Reform Act of 1995 requires comments in the subsequent final rule. that agencies prepare a written List of Subjects in 21 CFR Part 2 statement, which includes an We will not provide additional Administrative practice and assessment of anticipated costs and opportunity for comment. If we receive procedure, Cosmetics, Drugs, Foods. a significant adverse comment which benefits, before proposing ‘‘any rule that Therefore, under the Federal Food, applies to part of the rule and that part includes any Federal mandate that may Drug, and Cosmetic Act, the Clean Air may be severed from the remainder of result in the expenditure by State, local, Act, and under authority delegated to the rule, we may adopt as final those and tribal governments, in the aggregate, the Commissioner of Food and Drugs, parts of the rule that are not the subject or by the private sector, of $100,000,000 after consultation with the of significant adverse comment. or more (adjusted annually for inflation) Administrator of the Environmental For additional background in any one year.’’ The current threshold Protection Agency, it is proposed that information, see the corresponding after adjustment for inflation is $118 21 CFR part 2 be amended as follows: direct final rule published in the final million, using the most current (2004) rules section in this issue of the Federal Implicit Price Deflator for the Gross PART 2—GENERAL ADMINISTRATIVE Register. All persons who may wish to Domestic Product. FDA does not expect RULINGS AND DECISIONS comment should review the complete this proposed rule to result in any 1- rationale for this amendment set out in year expenditure that would meet or 1. The authority citation for 21 CFR the preamble of the direct final rule. exceed this amount. part 2 continues to read as follows:

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Authority: 15 U.S.C. 402, 409; 21 U.S.C. ADDRESSES: Comments may be received in response to this action, no 321, 331, 335, 342, 343, 346a, 348, 351, 352, submitted by mail to: Stacy DiFrank, further activity is contemplated. If EPA 355, 360b, 361, 362, 371, 372, 374; 42 U.S.C. Regulatory Development Section, Air receives adverse comments, the direct 7671 et seq. Planning Branch, Air, Pesticides and final rule will be withdrawn and all § 2.125 [Amended] Toxics Management Division, U.S. public comments received will be 2. Section 2.125 is amended by Environmental Protection Agency, addressed in a subsequent final rule removing and reserving paragraphs Region 4, 61 Forsyth Street, SW., based on this proposed rule. EPA will (e)(1)(i), (e)(1)(ii), (e)(1)(iv), (e)(2)(ii), Atlanta, Georgia 30303–8960. not institute a second comment period. (e)(4)(i), (e)(4)(ii), and (e)(4)(v). Comments may also be submitted Any parties interested in commenting electronically, or through hand on this action should do so at this time. Dated: October 13, 2006. delivery/courier. Please follow the DATES: Comments must be received in Jeffrey Shuren, detailed instructions described in the writing by January 8, 2007. Assistant Commissioner for Policy. direct final rule, ADDRESSES section ADDRESSES: Submit your comments, [FR Doc. E6–20796 Filed 12–6–06; 8:45 am] which is published in the Rules Section identified by Docket ID Number EPA– BILLING CODE 4160–01–S of this Federal Register. R03–OAR–2006–0696 by one of the FOR FURTHER INFORMATION CONTACT: following methods: Nacosta Ward, Regulatory Development A. www.regulations.gov. Follow the ENVIRONMENTAL PROTECTION Section, Air Planning Branch, Air, online instructions for submitting AGENCY Pesticides and Toxics Management comments. Division, U.S. Environmental Protection B. E-mail: [email protected]. 40 CFR Part 52 Agency, Region Forsyth Street, SW., C. Mail: EPA–R03–OAR–2006–0696, Atlanta, Georgia 30303–8960. The David Campbell, Chief, Permits and [EPA–R04–OAR–2005–SC–0003, EPA–R04– telephone number is (404) 562–9040. OAR–2005–SC–0005–200620a; FRL–8252–8] Technical Assessment Branch, Mailcode Ms. Ward can also be reached via 3AP11, U.S. Environmental Protection Approval and Promulgation of electronic mail at Agency, Region III, 1650 Arch Street, Implementation Plans; South Carolina: [email protected]. Philadelphia, Pennsylvania 19103. Revisions to State Implementation SUPPLEMENTARY INFORMATION: For D. Hand Delivery: At the previously- Plan additional information, see the direct listed EPA Region III address. Such final rule which is published in the deliveries are only accepted during the AGENCY: Environmental Protection Rules Section of this Federal Register. Docket’s normal hours of operation, and Agency (EPA). special arrangements should be made Dated: November 21, 2006. ACTION: Proposed rule. for deliveries of boxed information. A. Stanley Meiburg, Instructions: Direct your comments to SUMMARY: EPA is proposing to approve Acting Regional Administrator, Region 4. Docket ID No. EPA–R–03–OAR–2006– several revisions to the South Carolina [FR Doc. E6–20768 Filed 12–6–06; 8:45 am] 0696. EPA’s policy is that all comments State Implementation Plan (SIP), BILLING CODE 6560–50–P received will be included in the public submitted by the South Carolina docket without change, and may be Department of Health and made available online at Environmental Control (SC DHEC) on ENVIRONMENTAL PROTECTION www.regulations.gov, including any April 13, 2005, and October 24, 2005. AGENCY personal information provided, unless Both revisions include modifications to 40 CFR Part 52 the comment includes information South Carolina’s Regulation 61–62.1 claimed to be Confidential Business ‘‘Definitions and General [EPA–R03–OAR–2006–0696; FRL–8252–6] Information (CBI) or other information Requirements.’’ In the April 13, 2005, whose disclosure is restricted by statute. submission, Regulation 61–62.1 is being Approval and Promulgation of Air Do not submit information that you amended to be consistent with the new Quality Implementation Plans; DE; consider to be CBI or otherwise Federal emissions reporting Revisions to Regulation 1102—Permits protected through www.regulations.gov requirements, referred to as the AGENCY: Environmental Protection or e-mail. The www.regulations.gov Web Consolidated Emissions Reporting Rule Agency (EPA). site is an ‘‘anonymous access’’ system, (CERR), and to streamline the existing ACTION: Proposed rule. which means EPA will not know your emissions inventory requirements. SC identity or contact information unless DHEC is taking an action that is SUMMARY: EPA proposes to approve the you provide it in the body of your consistent with the final rule, published State Implementation Plan (SIP) comment. If you send an e-mail on June 10, 2002 (67 FR 39602). revision submitted by the State of comment directly to EPA without going The October 24, 2005 submittal Delaware for the purpose of establishing through www.regulations.gov, your e- revises the definition of Volatile Organic clear regulatory language that all mail address will be automatically Compounds (VOC). The revision adds preconstruction air quality permits captured and included as part of the several compounds to the list of issued pursuant to Delaware’s comment that is placed in the public compounds excluded from the Regulation 1102 are federally docket and made available on the definition of VOC on the basis that they enforceable, regardless of whether they Internet. If you submit an electronic make a negligible contribution to ozone are intended to limit potential to emit. comment, EPA recommends that you formation, and similarly removes In the Final Rules section of this include your name and other contact several compounds from the definition Federal Register, EPA is approving the information in the body of your of VOC. State’s SIP submittal as a direct final comment and with any disk or CD–ROM This action is being taken pursuant to rule without prior proposal because the you submit. If EPA cannot read your section 110 of the Clean Air Act (CAA). Agency views this as a noncontroversial comment due to technical difficulties DATES: Written comments must be submittal and anticipates no adverse and cannot contact you for clarification, received on or before January 8, 2007. comments. If no adverse comments are EPA may not be able to consider your

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comment. Electronic files should avoid ENVIRONMENTAL PROTECTION • http://www.regulations.gov. Follow the use of special characters, any form AGENCY the on-line instructions for submitting of encryption, and be free of any defects comments. or viruses. 40 CFR Parts 52 and 81 • E-mail: [email protected]. • Fax: (312) 886–5824. Docket: All documents in the [EPA–R05–OAR–2006–0517; FRL–8251–7] • Mail: John M. Mooney, Chief, electronic docket are listed in the Approval and Promulgation of Criteria Pollutant Section, Air Programs www.regulations.gov index. Although Implementation Plans and Designation Branch, (AR–18J), U.S. Environmental listed in the index, some information is of Areas for Air Quality Planning Protection Agency, 77 West Jackson not publicly available, i.e., CBI or other Boulevard, Chicago, Illinois 60604. Purposes; MI; Redesignation of Grand • information whose disclosure is Rapids, Kalamazoo-Battle Creek, Hand delivery: John M. Mooney, restricted by statute. Certain other Lansing-East Lansing, Benzie County, Chief, Criteria Pollutant Section, Air material, such as copyrighted material, Huron County, and Mason County 8- Programs Branch, (AR–18J), U.S. is not placed on the Internet and will be Hour Ozone Nonattainment Areas to Environmental Protection Agency, 77 publicly available only in hard copy Attainment for Ozone West Jackson Boulevard, 18th floor, form. Publicly available docket Chicago, Illinois 60604. Such deliveries materials are available either AGENCY: Environmental Protection are only accepted during the Regional electronically in www.regulations.gov or Agency (EPA). Office normal hours of operation, and in hard copy during normal business ACTION: Proposed rule. special arrangements should be made for deliveries of boxed information. The hours at the Air Protection Division, SUMMARY: EPA is proposing to make Regional Office official hours of U.S. Environmental Protection Agency, determinations under the Clean Air Act business are Monday through Friday, Region III, 1650 Arch Street, (CAA) that the nonattainment areas of 8:30 a.m. to 4:30 p.m. excluding Federal Philadelphia, Pennsylvania 19103. Grand Rapids (Kent and Ottawa holidays. Copies of the State submittal are Counties), Kalamazoo-Battle Creek Instructions: Direct your comments to available at the Delaware Department of (Calhoun, Kalamazoo, and Van Buren Docket ID No. EPA–R05–OAR–2006– Natural Resources & Environmental Counties), Lansing-East Lansing 0517. EPA’s policy is that all comments Control, 89 Kings Highway, P.O. Box (Clinton, Eaton, and Ingham Counties), received will be included in the public 1401, Dover, Delaware 19903. Benzie County, Huron County, and docket without change and may be Mason County have attained the 8-hour FOR FURTHER INFORMATION CONTACT: made available online at ozone National Ambient Air Quality www.regulations.gov, including any Rosemarie Nino, (215) 814–3377, or by Standard (NAAQS). These personal information provided, unless e-mail at [email protected]. determinations are based on two three- the comment includes information SUPPLEMENTARY INFORMATION: For year periods of complete, quality- claimed to be Confidential Business further information, please see the assured ambient air quality monitoring Information (CBI) or other information information provided in the direct final data for the 2002–2004 seasons and the whose disclosure is restricted by statute. 2003–2005 seasons that demonstrate action, entitled Delaware; Revision for Do not submit information that you that the 8-hour ozone NAAQS have Regulation 1102—Permits, that is consider to be CBI or otherwise been attained in the areas. located in the ‘‘Rules and Regulations’’ protected through www.regulations.gov EPA is proposing to approve requests or e-mail. The www.regulations.gov Web section of this Federal Register from the State of Michigan to publication. Please note that if EPA site is an ‘‘anonymous access’’ system, redesignate the Grand Rapids, which means EPA will not know your receives adverse comment on an Kalamazoo-Battle Creek, Lansing-East identity or contact information unless amendment, paragraph, or section of Lansing, Benzie County, Huron County, you provide it in the body of your this rule and if that provision may be and Mason County areas to attainment comment. If you send an e-mail severed from the remainder of the rule, of the 8-hour ozone NAAQS. The comment directly to EPA without going EPA may adopt as final those provisions Michigan Department of Environmental through www.regulations.gov, your e- of the rule that are not the subject of an Quality (MDEQ) submitted these mail address will be automatically adverse comment. requests on May 9, 2006 and captured and included as part of the Dated: November 21, 2006. supplemented them on May 26, 2006 comment that is placed in the public and August 25, 2006. In proposing to William T. Wisniewski, docket and made available on the approve these requests, EPA is also Internet. If you submit an electronic Acting Regional Administrator, Region III. proposing to approve, as revisions to the comment, EPA recommends that you [FR Doc. E6–20652 Filed 12–6–06; 8:45 am] Michigan State Implementation Plan include your name and other contact BILLING CODE 6560–50–P (SIP), the State’s plans for maintaining information in the body of your the 8-hour ozone NAAQS through 2018 comment and with any disk or CD–ROM in the areas. EPA also finds adequate you submit. If EPA cannot read your and is proposing to approve the State’s comment due to technical difficulties 2018 Motor Vehicle Emission Budgets and cannot contact you for clarification, (MVEBs) for the Grand Rapids, EPA may not be able to consider your Kalamazoo-Battle Creek, Lansing-East comment. Electronic files should avoid Lansing, Benzie County, Huron County, the use of special characters, any form and Mason County areas. of encryption, and be free of any defects DATES: Comments must be received on or viruses. For additional instructions or before January 8, 2007. on submitting comments, go to Section ADDRESSES: Submit your comments, I of the SUPPLEMENTARY INFORMATION identified by Docket ID No. EPA–R05– section of this document. OAR–2006–0517, by one of the Docket: All documents in the docket following methods: are listed in the www.regulations.gov

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index. Although listed in the index, inclusion in the public docket. the Grand Rapids, Kalamazoo-Battle some information is not publicly Information so marked will not be Creek, Lansing-East Lansing, Benzie available, e.g., CBI or other information disclosed except in accordance with County, Huron County, and Mason whose disclosure is restricted by statute. procedures set forth in 40 CFR part 2. County areas in attainment of the ozone Certain other material, such as NAAQS through 2018. Additionally, B. Tips for Preparing Your Comments copyrighted material, will be publicly EPA is announcing its action on the available only in hard copy. Publicly When submitting comments, Adequacy Process for the newly- available docket materials are available remember to: established 2018 MVEBs for the Grand either electronically in 1. Identify the rulemaking by docket Rapids, Kalamazoo-Battle Creek, www.regulations.gov or in hard copy at number and other identifying Lansing-East Lansing, Benzie County, the Environmental Protection Agency, information (subject heading, Federal Huron County, and Mason County areas. Region 5, Air and Radiation Division, 77 Register date and page number). The adequacy comment periods for the West Jackson Boulevard, Chicago, 2. Follow directions—The EPA may 2018 MVEBs began on June 1, 2006, Illinois 60604. This facility is open from ask you to respond to specific questions with EPA’s posting of the availability of 8:30 a.m. to 4:30 p.m., Monday through or organize comments by referencing a these submittals on EPA’s Adequacy Friday, excluding legal holidays. We Code of Federal Regulations (CFR) part Web site (at http://www.epa.gov/otaq/ recommend that you telephone or section number. stateresources/transconf/ Kathleen D’Agostino, Environmental 3. Explain why you agree or disagree; adequacy.htm). The adequacy comment Engineer, at (312) 886–1767 before suggest alternatives and substitute periods for these MVEBs ended on July visiting the Region 5 office. language for your requested changes. 3, 2006. EPA did not receive any FOR FURTHER INFORMATION CONTACT: 4. Describe any assumptions and requests for these submittals or adverse Kathleen D’Agostino, Environmental provide any technical information and/ comments on these submittals during Engineer, Criteria Pollutant Section, Air or data that you used. the adequacy comment periods. Please 5. If you estimate potential costs or Programs Branch (AR–18J), see the Adequacy section of this burdens, explain how you arrived at Environmental Protection Agency, rulemaking for further explanation on your estimate in sufficient detail to Region 5, 77 West Jackson Boulevard, this process. Therefore, we find allow for it to be reproduced. adequate and are proposing to approve Chicago, Illinois 60604, (312) 886–1767, 6. Provide specific examples to [email protected]. the State’s 2018 MVEBs for illustrate your concerns, and suggest transportation conformity purposes. SUPPLEMENTARY INFORMATION: alternatives. Throughout this document whenever 7. Explain your views as clearly as III. What Is the Background for These ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean possible, avoiding the use of profanity Actions? EPA. This supplementary information or personal threats. Ground-level ozone is not emitted section is arranged as follows: 8. Make sure to submit your directly by sources. Rather, emissions of Table of Contents comments by the comment period nitrogen oxides (NOX) and volatile I. What Should I Consider as I Prepare My deadline identified. organic compounds (VOCs) react in the Comments for EPA? II. What Actions Is EPA Proposing To presence of sunlight to form ground- II. What Actions Is EPA Proposing To Take? Take? level ozone. NOX and VOCs are referred III. What Is the Background for These to as precursors of ozone. Actions? EPA is proposing to take several The CAA establishes a process for air IV. What Are the Criteria for Redesignation? related actions. EPA is proposing to quality management through the V. Why Is EPA Proposing To Take These make determinations that the Grand NAAQS. Before promulgation of the Actions? Rapids (Kent and Ottawa Counties), current 8-hour standard, the ozone VI. What Is the Effect of These Actions? Kalamazoo-Battle Creek (Calhoun, VII. What Is EPA’s Analysis of the Requests? NAAQS was based on a 1-hour i. Attainment Determination and Kalamazoo and Van Buren Counties), standard. At the time EPA revoked the Redesignation Lansing-East Lansing (Clinton, Eaton, 1-hour ozone NAAQS, on June 15, 2005, ii. Adequacy of Michigan’s Motor Vehicle and Ingham Counties), Benzie County, the Grand Rapids, Kalamazoo-Battle Emissions Budgets Huron County, and Mason County, Creek, Lansing-East Lansing, Benzie VIII. What Actions Is EPA Taking Today? Michigan nonattainment areas have County, Huron County, and Mason IX. Statutory and Executive Order Reviews attained the 8-hour ozone standard and County areas were all designated as I. What Should I Consider as I Prepare that these areas have met the attainment under the 1-hour ozone My Comments for EPA? requirements for redesignation under NAAQS. section 107(d)(3)(E) of the CAA. EPA is On July 18, 1997, EPA promulgated a A. Submitting CBI thus proposing to approve Michigan’s revised 8-hour ozone standard of 0.08 Do not submit this information to EPA requests to change the legal designations parts per million (ppm). This new through www.regulations.gov or e-mail. of the Grand Rapids, Kalamazoo-Battle standard is more stringent than the Clearly mark the part or all of the Creek, Lansing-East Lansing, Benzie previous 1-hour standard. On April 30, information that you claim to be CBI. County, Huron County, and Mason 2004 (69 FR 23857), EPA published a For CBI information in a disk or CD County areas from nonattainment to final rule designating and classifying ROM that you mail to EPA, mark the attainment for the 8-hour ozone areas under the 8-hour ozone NAAQS. outside of the disk or CD ROM as CBI NAAQS. EPA is also proposing to These designations and classifications and then identify electronically within approve Michigan’s maintenance plan became effective June 15, 2004. The the disk or CD ROM the specific SIP revisions for Grand Rapids, CAA required EPA to designate as information that is claimed as CBI. In Kalamazoo-Battle Creek, Lansing-East nonattainment any area that was addition to one complete version of the Lansing, Benzie County, Huron County, violating the 8-hour ozone NAAQS comment that includes information and Mason County (such approvals based on the three most recent years of claimed as CBI, a copy of the comment being one of the CAA criteria for air quality data, 2001–2003. that does not contain the information redesignation to attainment status). The The CAA contains two sets of claimed as CBI must be submitted for maintenance plans are designed to keep provisions, subpart 1 and subpart 2, that

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address planning and control determine that the area has attained the ‘‘Technical Support Documents requirements for nonattainment areas. standard, and the area meets the other (TSD’s) for Redesignation Ozone and (Both are found in title I, part D, 42 CAA redesignation requirements in Carbon Monoxide (CO) Nonattainment U.S.C. 7501–7509a and 7511–7511f, section 107(d)(3)(E). Areas,’’ Memorandum from G. T. Helms, respectively.) Subpart 1 (which EPA Chief, Ozone/Carbon Monoxide IV. What Are the Criteria for refers to as ‘‘basic’’ nonattainment) Programs Branch, August 17, 1993; Redesignation? contains general requirements for ‘‘State Implementation Plan (SIP) nonattainment areas for any pollutant, The CAA provides the requirements Requirements for Areas Submitting including ozone, governed by a NAAQS. for redesignating a nonattainment area Requests for Redesignation to Subpart 2 (which EPA refers to as to attainment. Specifically, section Attainment of the Ozone and Carbon ‘‘classified’’ nonattainment) provides 107(d)(3)(E) allows for redesignation Monoxide (CO) National Ambient Air more specific requirements for ozone provided that: (1) The Administrator Quality Standards (NAAQS) On or After nonattainment areas. Some ozone determines that the area has attained the November 15, 1992,’’ Memorandum nonattainment areas are subject only to applicable NAAQS; (2) the from Michael H. Shapiro, Acting the provisions of subpart 1. Other ozone Administrator has fully approved the Assistant Administrator for Air and nonattainment areas are subject to the applicable implementation plan for the Radiation, September 17, 1993; provisions of both subparts 1 and 2. area under section 110(k); (3) the ‘‘Use of Actual Emissions in Under EPA’s 8-hour ozone Administrator determines that the Maintenance Demonstrations for Ozone implementation rule, (69 FR 23951 improvement in air quality is due to and CO Nonattainment Areas,’’ (April 30, 2004)), an area was classified permanent and enforceable reductions Memorandum from D. Kent Berry, under subpart 2 based on its 8-hour in emissions resulting from Acting Director, Air Quality ozone design value (i.e., the 3-year implementation of the applicable SIP Management Division, to Air Division average annual fourth-highest daily and applicable federal air pollutant Directors, Regions 1–10, dated maximum 8-hour average ozone control regulations and other permanent November 30, 1993. concentration), if it had a 1-hour design and enforceable reductions; (4) the ‘‘Part D New Source Review (part D value at the time of designation at or Administrator has fully approved a NSR) Requirements for Areas above 0.121 ppm (the lowest 1-hour maintenance plan for the area as Requesting Redesignation to design value in Table 1 of subpart 2) (69 meeting the requirements of section Attainment,’’ Memorandum from Mary FR 23954). All other areas are covered 175A; and (5) the state containing such D. Nichols, Assistant Administrator for under subpart 1, based upon their 8- area has met all requirements applicable Air and Radiation, October 14, 1994; hour design values (69 FR 23958). The to the area under section 110 and part and Grand Rapids, Kalamazoo-Battle Creek, D. ‘‘Reasonable Further Progress, Lansing-East Lansing, Benzie County, EPA provided guidance on Attainment Demonstration, and Related Huron County, and Mason County areas redesignation in the General Preamble Requirements for Ozone Nonattainment were all designated as subpart 1, 8-hour for the Implementation of Title I of the Areas Meeting the Ozone National ozone nonattainment areas by EPA on CAA Amendments of 1990, on April 16, Ambient Air Quality Standard,’’ April 30, 2004, (69 FR 23857, 23910– 1992 (57 FR 13498), and supplemented Memorandum from John S. Seitz, 23911) based on air quality monitoring this guidance on April 28, 1992 (57 FR Director, Office of Air Quality Planning data from 2001–2003 (69 FR 23860). 18070). EPA has provided further and Standards, May 10, 1995. 40 CFR 50.10 and 40 CFR Part 50, guidance on processing redesignation V. Why Is EPA Proposing To Take Appendix I provide that the 8-hour requests in the following documents: ozone standard is attained when the 3- ‘‘Ozone and Carbon Monoxide Design These Actions? year average of the annual fourth- Value Calculations’’, Memorandum On May 9, 2006, Michigan requested highest daily maximum 8-hour average from William G. Laxton, Director redesignation of the Grand Rapids, ozone concentration is less than or Technical Support Division, June 18, Kalamazoo-Battle Creek, Lansing-East equal to 0.08 ppm, when rounded. The 1990; Lansing, Benzie County, Huron County, data completeness requirement is met ‘‘Maintenance Plans for Redesignation and Mason County areas to attainment when the average percent of days with of Ozone and Carbon Monoxide for the 8-hour ozone standard. Michigan valid ambient monitoring data is greater Nonattainment Areas,’’ Memorandum supplemented their submittal on May than 90%, and no single year has less from G.T. Helms, Chief, Ozone/Carbon 26, 2006. EPA believes that the areas than 75% data completeness. See 40 Monoxide Programs Branch, April 30, have attained the standard and have met CFR Part 50, Appendix I, 2.3(d). 1992; the requirements for redesignation set On May 9, 2006, Michigan requested ‘‘Contingency Measures for Ozone forth in section 107(d)(3)(E) of the CAA. that EPA redesignate the Grand Rapids, and Carbon Monoxide (CO) VI. What Is the Effect of These Actions? Kalamazoo-Battle Creek, Lansing-East Redesignations,’’ Memorandum from G. Lansing, Benzie County, Huron County, T. Helms, Chief, Ozone/Carbon Approval of the redesignation and Mason County areas to attainment Monoxide Programs Branch, June 1, requests would change the official for the 8-hour ozone standard. The 1992; designation of the areas for the 8-hour redesignation requests included three ‘‘Procedures for Processing Requests ozone NAAQS found at 40 CFR part 81. years of complete, quality-assured data to Redesignate Areas to Attainment,’’ It would also incorporate into the for the period of 2002 through 2004, as Memorandum from John Calcagni, Michigan SIP plans for maintaining the well as complete quality assured data Director, Air Quality Management 8-hour ozone NAAQS through 2018. for 2005, indicating the 8-hour NAAQS Division, September 4, 1992; The maintenance plans include for ozone had been attained for all of the ‘‘State Implementation Plan (SIP) contingency measures to remedy future areas covered by the request. Under the Actions Submitted in Response to Clean violations of the 8-hour NAAQS. They CAA, nonattainment areas may be Air Act (ACT) Deadlines,’’ also establish MVEBs for the year 2018 redesignated to attainment if sufficient Memorandum from John Calcagni, of 40.70 tons per day (tpd) VOC and complete, quality-assured data are Director, Air Quality Management 97.87 tpd NOX for the Grand Rapids available for the Administrator to Division, October 28, 1992; area, 29.67 tpd VOC and 54.36 tpd NOX

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for the Kalamazoo-Battle Creek area, 1. The Areas Have Attained the 8-Hour The data must be collected and quality- 28.32 tpd VOC and 53.07 tpd NOX for Ozone NAAQS (Section 107(d)(3)(E)(i)) assured in accordance with 40 CFR part the Lansing-East Lansing area, 2.24 tpd EPA is proposing to make 58, and recorded in the Aerometric VOC and 1.99 tpd NOX for the Benzie determinations that the Grand Rapids, Information Retrieval System (AIRS). County area, 2.34 tpd VOC and 7.53 tpd Kalamazoo-Battle Creek, Lansing-East The monitors generally should have NOX for the Huron County area, and Lansing, Benzie County, Huron County, remained at the same location for the 1.81 tpd VOC and 2.99 tpd NOX for the and Mason County areas have attained duration of the monitoring period Mason County area. the 8-hour ozone NAAQS. For ozone, an required for demonstrating attainment. area may be considered to be attaining MDEQ submitted ozone monitoring VII. What Is EPA’s Analysis of the the 8-hour ozone NAAQS if there are no data for the 2002 to 2004 ozone seasons. Requests? violations, as determined in accordance They also submitted data for the 2005 i. Attainment Determination and with 40 CFR 50.10 and Part 50, ozone season. The MDEQ quality Redesignation Appendix I, based on three complete, assured the ambient monitoring in consecutive calendar years of quality- accordance with 40 CFR 58.10, and EPA is proposing to make assured air quality monitoring data. To recorded it in the AIRS database, thus determinations that the Grand Rapids, attain this standard, the 3-year average making the data publicly available. The Kalamazoo-Battle Creek, Lansing-East of the fourth-highest daily maximum 8- data meets the completeness criteria in Lansing, Benzie County, Huron County, hour average ozone concentrations 40 CFR Part 50, Appendix I, which and Mason County nonattainment areas measured at each monitor within an requires a minimum completeness of 75 have attained the 8-hour ozone standard area over each year must not exceed percent annually and 90 percent over and that the areas have met all other 0.08 ppm. Based on the rounding each three year period. Monitoring data applicable section 107(d)(3)(E) convention described in 40 CFR Part 50, is presented in Table 1 below. Data redesignation criteria. The basis for Appendix I, the standard is attained if completeness information is presented EPA’s determinations is as follows: the design value is 0.084 ppm or below. in Table 2 below. TABLE 1.—ANNUAL 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATION AND 3-YEAR AVERAGES OF 4TH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS

2002– 2003– 2002 2003 2004 2005 2004 2005 Area County Monitor 4th high 4th high 4th high 4th high average average (ppm) (ppm) (ppm) (ppm) (ppm) (ppm)

Grand Rapids ...... Kent ...... Grand Rapids 26– 0.087 0.085 0.068 0.083 0.080 0.079 0810020. Evans 26–0810022..... 0.088 0.093 0.072 0.083 0.084 0.083 Ottawa ...... Jenison 26–1390005... 0.093 0.090 0.069 0.086 0.084 0.082 Kalamazoo-Battle Kalamazoo ...... Kalamazoo 26– 0.090 0.085 0.068 0.086 0.081 0.080 Creek. 0770008. Lansing-East Lansing .. Clinton ...... Rose Lake 26– 0.085 0.086 0.070 0.078 0.080 0.078 0370001. Ingham ...... Lansing–East Lansing 0.088 0.085 0.068 0.082 0.080 0.078 26–0650012. Benzie ...... Benzie ...... Frankfort 26–0190003 0.086 0.089 0.075 0.086 0.083 0.083 Huron ...... Huron ...... Harbor Beach 26– 0.087 0.086 0.068 0.077 0.080 0.077 0633006. Mason ...... Mason ...... Scottville 26–1050007 0.089 0.087 0.071 0.085 0.082 0.081

TABLE 2.—DATA COMPLETENESS IN PERCENT (%)

2002– 2003– 2002 2003 2004 2005 2004 2005 Area County Monitor (%) (%) (%) (%) average average (%) (%)

Grand Rapids ...... Kent ...... Grand Rapids 26–0810020 97 98 98 99 98 98 ...... Evans 26–0810022 ...... 100 100 99 98 100 99 Ottawa ...... Jenison 26–1390005...... 99 100 98 99 99 99 Kalamazoo-Battle Creek .... Kalamazoo ...... Kalamazoo 26–0770008 ... 100 97 100 98 99 99 Lansing-East Lansing ...... Clinton ...... Rose Lake 26–0370001 .... 99 100 100 100 100 100 Ingham ...... Lansing-East Lansing 26– 100 99 100 98 100 99 0650012. Benzie ...... Benzie ...... Frankfort 26–0190003...... 100 100 100 98 100 99 Huron ...... Huron ...... Harbor Beach 26–0633006 100 97 100 97 99 98 Mason ...... Mason ...... Scottville 26–1050007...... 100 100 96 95 99 97

In addition, as discussed below with network in accordance with 40 CFR part Rapids, Kalamazoo-Battle Creek, respect to the maintenance plans, 58. In summary, EPA believes that the Lansing-East Lansing, Benzie County, MDEQ has committed to continue data submitted by Michigan provide an Huron County, and Mason County areas operating an EPA approved monitoring adequate demonstration that the Grand have attained the 8-hour ozone NAAQS.

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Furthermore, preliminary monitoring subsequent to the state’s submittal of a designation and classification are the data for the 2006 ozone season show complete request remain applicable relevant measures to evaluate in that the areas continue to attain the until a redesignation to attainment is reviewing a redesignation request. NAAQS. approved, but are not required as a When the transport SIP submittal prerequisite to redesignation. See requirements are applicable to a state, 2. The Areas Have Met All Applicable section 175A(c) of the CAA. Sierra Club they will continue to apply to the state Requirements Under Section 110 and v. EPA, 375 F.3d 537 (7th Cir. 2004). See regardless of the attainment designation Part D; and the Areas Have Fully also 68 FR 25424, 25427 (May 12, 2003) of any one particular area in the state. Approved SIPs Under Section 110(k) (redesignation of the St. Louis/East St. Therefore, we believe that these (Sections 107(d)(3)(E)(v) and Louis area to attainment of the 1-hour requirements should not be construed to 107(d)(3)(E)(ii)) ozone NAAQS). be applicable requirements for purposes We have determined that Michigan General SIP requirements. Section of redesignation. Further, we believe has met all currently applicable SIP 110(a) of title I of the CAA contains the that the other section 110 elements requirements for purposes of general requirements for a SIP. Section described above that are not connected redesignation for the Grand Rapids, 110(a)(2) provides that the with nonattainment plan submissions Kalamazoo-Battle Creek, Lansing-East implementation plan submitted by a and not linked with an area’s attainment Lansing, Benzie County, Huron County, state must have been adopted by the status are also not applicable and Mason County areas under Section state after reasonable public notice and requirements for purposes of 110 of the CAA (general SIP hearing, and that, among other things, it redesignation. A state remains subject to requirements). We have also determined includes enforceable emission these requirements after an area is that the Michigan SIP meets all SIP limitations and other control measures, redesignated to attainment. We requirements currently applicable for means or techniques necessary to meet conclude that only the section 110 and purposes of redesignation under Part D the requirements of the CAA; provides part D requirements which are linked of Title I of the CAA (requirements for establishment and operation of with a particular area’s designation and specific to Subpart 1 nonattainment appropriate devices, methods, systems classification are the relevant measures areas), in accordance with section and procedures necessary to monitor which we may consider in evaluating a 107(d)(3)(E)(v). In addition, we have ambient air quality; provides for redesignation request. This approach is determined that the Michigan SIP is implementation of a source permit consistent with EPA’s existing policy on fully approved with respect to all program to regulate the modification applicability of conformity and applicable requirements for purposes of and construction of any stationary oxygenated fuels requirements for redesignation, in accordance with source within the areas covered by the redesignation purposes, as well as with section 107(d)(3)(E)(ii). In making these plan; includes provisions for the section 184 ozone transport determinations, we have ascertained implementation of part C, Prevention of requirements. See Reading, what SIP requirements are applicable to Significant Deterioration (PSD) and part Pennsylvania, proposed and final the areas for purposes of redesignation, D, New Source Review (NSR) permit rulemakings (61 FR 53174–53176, and have determined that the portions programs; includes criteria for October 10, 1996), (62 FR 24826, May 7, of the SIP meeting these requirements stationary source emission control 1997); Cleveland-Akron-Lorain, Ohio, are fully approved under section 110(k) measures, monitoring, and reporting; final rulemaking (61 FR 20458, May 7, of the CAA. As discussed more fully includes provisions for air quality 1996); and Tampa, Florida, final below, SIPs must be fully approved only modeling; and provides for public and rulemaking (60 FR 62748, December 7, with respect to currently applicable local agency participation in planning 1995). See also the discussion on this requirements of the CAA. and emission control rule development. issue in the Cincinnati ozone a. The Grand Rapids, Kalamazoo- Section 110(a)(2)(D) of the CAA redesignation (65 FR 37890, June 19, Battle Creek, Lansing-East Lansing, requires that SIPs contain measures to 2000), and in the Pittsburgh ozone Benzie County, Huron County, and prevent sources in a state from redesignation (66 FR 50399, October 19, Mason County areas have met all significantly contributing to air quality 2001). applicable requirements under section problems in another state. To As discussed above, we believe that 110 and part D of the CAA. The implement this provision, EPA has section 110 elements which are not September 4, 1992 Calcagni required certain states to establish linked to the area’s nonattainment status memorandum (see ‘‘Procedures for programs to address transport of air are not applicable for purposes of 1 Processing Requests to Redesignate pollutants (NOX SIP Call, Clean Air redesignation. Because there are no Areas to Attainment,’’ Memorandum Interstate Rule (CAIR) (70 FR 25162)). section 110 requirements linked to the from John Calcagni, Director, Air However, the section 110(a)(2)(D) part D requirements for 8-hour ozone Quality Management Division, requirements for a state are not linked nonattainment areas that have become September 4, 1992) describes EPA’s with a particular nonattainment area’s due, as explained below, there are no interpretation of section 107(d)(3)(E) of designation and classification. EPA Part D requirements applicable for the CAA. Under this interpretation, a believes that the requirements linked purposes of redesignation under the 8- state and the area it wishes to with a particular nonattainment area’s hour standard. redesignate must meet the relevant CAA Part D Requirements. EPA has requirements that are due prior to the 1 On October 27, 1998 (63 FR 57356), EPA issued determined that the Michigan SIP meets state’s submittal of a complete a NOX SIP call requiring the District of Columbia applicable SIP requirements under part redesignation request for the area. See and 22 states, including portions of Michigan, to D of the CAA, since no requirements reduce emissions of NOX in order to reduce the also the September 17, 1993 Michael transport of ozone and ozone precursors. In applicable for purposes of redesignation Shapiro memorandum and 60 FR 12459, compliance with EPA’s NOX SIP call, MDEQ has became due for the 8-hour ozone 12465–12466 (March 7, 1995) developed rules governing the control of NOX standard prior to MDEQ’s submission of (redesignation of Detroit-Ann Arbor, emissions from Electric Generating Units (EGUs), the redesignation request for the Grand major non-EGU industrial boilers, and major Michigan to attainment of the 1-hour cement kilns. EPA approved Michigan’s rules as Rapids, Kalamazoo-Battle Creek, ozone NAAQS). Applicable fulfilling Phase I of the NOX SIP Call on May 4, Lansing-East Lansing, Benzie County, requirements of the CAA that come due 2005 (70 FR 23029). Huron County, and Mason County areas.

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Under part D, an area’s classification the standard without part D NSR in EPA approved Michigan’s general and determines the requirements to which it effect; therefore, EPA concludes that the transportation conformity SIPs on will be subject. Subpart 1 of part D, State need not have a fully approved December 18, 1996 (61 FR 66607 and 61 found in sections 172–176 of the CAA, part D NSR program prior to approval of FR 66609, respectively). Michigan has sets forth the basic nonattainment the redesignation request. The State’s submitted on-highway motor vehicle requirements applicable to all PSD program will become effective in budgets of 40.70 tons per day (tpd) VOC nonattainment areas. Section 182 of the the Grand Rapids, Kalamazoo-Battle and 97.87 tpd NOX for the Grand Rapids CAA, found in subpart 2 of part D, Creek, Lansing-East Lansing, Benzie area, 29.67 tpd VOC and 54.36 tpd NOX establishes additional specific County, Huron County, and Mason for the Kalamazoo-Battle Creek area, requirements depending on the area’s County areas upon redesignation to 28.32 tpd VOC and 53.07 tpd NOX for nonattainment classification. The Grand attainment. See rulemakings for Detroit, the Lansing-East Lansing area, 2.24 tpd Rapids, Kalamazoo-Battle Creek, Michigan (60 FR 12467–12468, March 7, VOC and 1.99 tpd NOX for the Benzie Lansing-East Lansing, Benzie County, 1995); Cleveland-Akron-Lorain, Ohio County area, 2.34 tpd VOC and 7.53 tpd Huron County, and Mason County areas (61 FR 20458, 20469–20470, May 7, NO for the Huron County area, and were all classified as subpart 1 X 1996); Louisville, Kentucky (66 FR 1.81 tpd VOC and 2.99 tpd NOX for the nonattainment areas, and, therefore, 53665, October 23, 2001); and Grand Mason County area, based on the areas’ subpart 2 requirements do not apply. Rapids, Michigan (61 FR 31834–31837, Part D, Subpart 1 applicable SIP projected 2018 emissions levels. The June 21, 1996). Grand Rapids, Kalamazoo-Battle Creek, requirements. For purposes of Section 176 conformity requirements. evaluating these redesignation requests, Lansing-East Lansing, Benzie County, Section 176(c) of the CAA requires Huron County, and Mason County areas the applicable part D, subpart 1 SIP states to establish criteria and requirements for the Grand Rapids, must use the motor vehicle emissions procedures to ensure that federally- budgets from the maintenance plans in Kalamazoo-Battle Creek, Lansing-East supported or funded activities, Lansing, Benzie County, Huron County, any conformity determination that is including highway projects, conform to effective on or after the effective date of and Mason County areas are contained the air quality planning goals in the in sections 172(c)(1)–(9). A thorough the maintenance plan approval. Thus, applicable SIPs. The requirement to the areas have satisfied all applicable discussion of the requirements determine conformity applies to contained in section 172 can be found requirements under section 110 and part transportation plans, programs and D of the CAA. in the General Preamble for projects developed, funded or approved Implementation of Title I (57 FR 13498, under Title 23 of the U.S. Code and the b. The Grand Rapids, Kalamazoo- April 16, 1992). Federal Transit Act (transportation Battle Creek, Lansing-East Lansing, No requirements applicable for Benzie County, Huron County, and purposes of redesignation under part D conformity) as well as to all other federally-supported or funded projects Mason County areas have a fully became due prior to submission of the approved applicable SIP under section redesignation request, and, therefore, (general conformity). State conformity revisions must be consistent with 110(k) of the CAA. EPA has fully none are applicable to the areas for approved the Michigan SIP for the purposes of redesignation. Since the federal conformity regulations relating to consultation, enforcement and Grand Rapids, Kalamazoo-Battle Creek, State of Michigan has submitted Lansing-East Lansing, Benzie County, complete ozone redesignation requests enforceability, which EPA promulgated pursuant to CAA requirements. Huron County, and Mason County areas for the Grand Rapids, Kalamazoo-Battle under section 110(k) of the CAA for all Creek, Lansing-East Lansing, Benzie EPA believes that it is reasonable to requirements applicable for purposes of County, Huron County, and Mason interpret the conformity SIP redesignation. EPA may rely on prior County areas prior to the deadline for requirements as not applying for SIP approvals in approving a any submissions required for purposes purposes of evaluating the redesignation redesignation request (See the of redesignation, we have determined request under section 107(d) for two that these requirements do not apply to reasons. First, the requirement to submit September 4, 1992 John Calcagni the Grand Rapids, Kalamazoo-Battle SIP revisions to comply with the memorandum, page 3, Southwestern Creek, Lansing-East Lansing, Benzie conformity provisions of the CAA Pennsylvania Growth Alliance v. County, Huron County, and Mason continues to apply to areas after Browner, 144 F.3d 984, 989–990 (6th County areas for purposes of redesignation to attainment since such Cir. 1998), Wall v. EPA, 265 F.3d 426 redesignation. areas would be subject to a section 175A (6th Cir. 2001)) plus any additional Furthermore, EPA has determined maintenance plan. Second, EPA’s measures it may approve in conjunction that, since PSD requirements will apply federal conformity rules require the with a redesignation action. See 68 FR after redesignation, areas being performance of conformity analyses in 25413, 25426 (May 12, 2003). Since the redesignated need not comply with the the absence of federally-approved state passage of the CAA of 1970, Michigan requirement that a NSR program be rules. Therefore, because areas are has adopted and submitted, and EPA approved prior to redesignation, subject to the conformity requirements has fully approved, provisions provided that the area demonstrates regardless of whether they are addressing the various required SIP maintenance of the NAAQS without redesignated to attainment and, because elements applicable to the Grand part D NSR. A more detailed rationale they must implement conformity under Rapids, Kalamazoo-Battle Creek, for this view is described in a federal rules if state rules are not yet Lansing-East Lansing, Benzie County, memorandum from Mary Nichols, approved, EPA believes it is reasonable Huron County, and Mason County areas Assistant Administrator for Air and to view these requirements as not under the 1-hour ozone standard. No Radiation, dated October 14, 1994, applying for purposes of evaluating a Grand Rapids, Kalamazoo-Battle Creek, entitled, ‘‘Part D New Source Review redesignation request. See Wall v. EPA, Lansing-East Lansing, Benzie County, Requirements for Areas Requesting 265 F.3d 426 (6th Cir. 2001), upholding Huron County, or Mason County area Redesignation to Attainment.’’ Michigan this interpretation. See also 60 FR SIP provisions are currently has demonstrated that the areas to be 62748, 62749–62750 (Dec. 7, 1995) disapproved, conditionally approved, or redesignated will be able to maintain (Tampa, Florida). partially approved.

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3. The Improvement in Air Quality Is a. Permanent and enforceable controls Control Measures in Upwind Areas. Due to Permanent and Enforceable implemented. The following is a Upwind ozone nonattainment areas in Reductions in Emissions Resulting From discussion of permanent and the Lake Michigan region, including Implementation of the SIP and enforceable measures that have been Chicago, Illinois; Gary, Indiana; and Applicable Federal Air Pollution implemented in the areas: Milwaukee, Wisconsin have continued Control Regulations and Other to reduce emissions of VOC and NOX to NOX rules. In compliance with EPA’s Permanent and Enforceable Reductions. meet their rate of progress obligations NOX SIP call, Michigan developed rules (Section 107(d)(3)(E)(iii)) under the 1-hour ozone standard. to control NOX emissions from Electric EPA finds that Michigan has Generating Units (EGUs), major non- Illinois, Indiana and Wisconsin have all demonstrated that the observed air EGU industrial boilers, and major developed regulations to control NOX: quality improvement in the Grand cement kilns. These rules required Illinois and Indiana pursuant to the NOX SIP call and Wisconsin to meet rate Rapids, Kalamazoo-Battle Creek, sources to begin reducing NOX Lansing-East Lansing, Benzie County, emissions in 2004. However, statewide of progress requirements. These upwind Huron County, and Mason County areas NO emissions actually had begun to reductions in emissions have resulted in X lower concentrations of transported is due to permanent and enforceable decline before 2004, as sources phased ozone entering Michigan. The emission reductions in emissions resulting from in emission controls needed to comply reductions resulting from these upwind implementation of the SIP, federal with the State’s NO emission control X control programs are permanent and measures, and other state-adopted regulations. From 2004 on, NO X enforceable. measures. emissions from EGUs have been capped b. Emission reductions. Michigan is In making this demonstration, the at a statewide total well below pre-2002 using 1999 for the nonattainment State has calculated the change in levels. MDEQ expects that NO emissions between 1999 and 2002, one X inventory and 2002, one of the years emissions will further decline as the of the years the Grand Rapids, used to demonstrate monitored State meets the requirements of EPA’s Kalamazoo-Battle Creek, Lansing-East attainment of the NAAQS, for the Phase II NO SIP call (69 FR 21604 Lansing, Benzie County, Huron County, X attainment inventory. MDEQ took (April 21, 2004)). and Mason County areas monitored emissions estimates, with the exception attainment. The reduction in emissions Federal Emission Control Measures. of the nonroad sector, from EPA’s final and the corresponding improvement in Reductions in VOC and NOX emissions 1999 and 2002 National Emissions air quality over this time period can be have occurred statewide as a result of Inventories (NEI). NEI emissions attributed to a number of regulatory federal emission control measures, with estimates for the nonroad sector were control measures that Michigan and additional emission reductions expected generated using different versions of upwind areas have implemented in to occur in the future as the state EPA’s NONROAD model for 1999 and recent years. The Grand Rapids, implements additional emission 2002. To provide consistency, Michigan Kalamazoo-Battle Creek, Lansing-East controls. Federal emission control estimated nonroad emissions for both Lansing, Benzie County, Huron County, measures include: the National Low 1999 and 2002 using the most current and Mason County areas are all Emission Vehicle (NLEV) program, Tier version of EPA’s National Mobile impacted, in varying degrees, by the 2 emission standards for vehicles, Inventory Model (NMIM). transport of ozone and ozone precursors gasoline sulfur limits, low sulfur diesel Based on the inventories described from upwind areas. Therefore, local fuel standards, and heavy-duty diesel above, Michigan’s submittal documents controls as well as controls engine standards. In addition, in 2004, changes in VOC and NOX emissions implemented in upwind counties are EPA issued the Clean Air Non-road from 1999 to 2002 for the Grand Rapids, relevant to the improvement in air Diesel Rule (69 FR 38958 (July 29, Kalamazoo-Battle Creek, Lansing-East quality in the Grand Rapids, Kalamazoo- 2004)). EPA expects this rule to reduce Lansing, Benzie County, Huron County, Battle Creek, Lansing-East Lansing, off-road diesel emissions through 2010, and Mason County areas. Emissions Benzie County, Huron County, and with emission reductions starting in data are shown in Tables 3 through 14 Mason County areas. 2008. below.

TABLE 3.—GRAND RAPIDS AREA: TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 1999 IN TONS PER YEAR (TPY)

Kent Ottawa Total

VOC NOX VOC NOX VOC NOX

Point ...... 4,506 1,134 1,640 37,001 6,146 38,135 Area ...... 18,002 3,122 7,279 1,132 25,281 4,254 Nonroad ...... 5,063 4,938 2,598 2,642 7,661 7,580 Onroad ...... 12,225 15,939 5,071 7,774 17,296 23,713

Total ...... 39,796 25,133 16,588 48,549 56,384 73,682

TABLE 4.—GRAND RAPIDS AREA: TOTAL VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2002 (TPY)

Kent Ottawa Total

VOC NOX VOC NOX VOC NOX

Point ...... 2,104 769 1,375 17,690 3,479 18,459 Area ...... 14,546 2,862 6,896 1,216 21,442 4,078 Nonroad ...... 4,956 4,932 2,563 2,629 7,519 7,561

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TABLE 4.—GRAND RAPIDS AREA: TOTAL VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2002 (TPY)—Continued

Kent Ottawa Total

VOC NOX VOC NOX VOC NOX

Onroad ...... 10,392 17,229 3,603 6,079 13,995 23,308

Total ...... 31,998 25,792 14,437 27,614 46,435 53,406

TABLE 5.—GRAND RAPIDS AREA: COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS (TPY)

VOC NOX Sector Net change Net change 1999 2002 (1999–2002) 1999 2002 (1999–2002)

Point ...... 6,146 3,479 ·2,667 38,135 18,459 ·19,676 Area ...... 25,281 21,442 ·3,839 4,254 4,078 ·176 Nonroad ...... 7,661 7,519 ·142 7,580 7,561 ·19 Onroad ...... 17,296 13,995 ·3,301 23,713 23,308 ·405

Total ...... 56,384 46,435 ·9,949 73,682 53,406 ·20,276

TABLE 6.—KALAMAZOO-BATTLE CREEK AREA: TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 1999 (TPY)

Calhoun Kalamazoo Van Buren Total

VOC NOX VOC NOX VOC NOX VOC NOX

Point ...... 499 1,036 547 2,202 32 42 1,078 3,280 Area ...... 5,077 649 7,709 944 3,699 423 16,485 2,016 Nonroad ...... 1,026 982 1,986 1,640 1,105 543 4,117 3,165 Onroad ...... 3,633 5,702 5,410 7,489 1,777 3,582 10,820 16,773

Total ...... 10,235 8,369 15,652 12,275 6,613 4,590 32,500 25,234

TABLE 7.—KALAMAZOO-BATTLE CREEK AREA: TOTAL VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2002 (TPY)

Calhoun Kalamazoo Van Buren Total

VOC NOX VOC NOX VOC NOX VOC NOX

Point ...... 580 817 470 816 22 36 1,072 1,669 Area ...... 3,071 666 8,739 1,033 2,373 303 14,183 2,002 Nonroad ...... 1,007 973 1,907 1,620 1,133 535 4,047 3,128 Onroad ...... 3,158 5,560 4,796 7,958 1,583 2,953 9,537 16,471

Total ...... 7,816 8,016 15,912 11,427 5,111 3,827 28,839 23,270

TABLE 8.—KALAMAZOO-BATTLE CREEK AREA: COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS (TPY)

VOC NOX Sector Net change Net Change 1999 2002 (1999–2002) 1999 2002 (1999–2002)

Point ...... 1,078 1,072 ·6 3,280 1,669 ·1,611 Area ...... 16,485 14,183 ·2,302 2,016 2,002 ·14 Nonroad ...... 4,117 4,047 ·70 3,165 3,128 ·37 Onroad ...... 10,820 9,537 ·1,283 16,773 16,471 ·302

Total ...... 32,500 28,839 ·3,661 25,234 23,270 ·1,964

TABLE 9.—LANSING-EAST LANSING AREA: TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 1999 (TPY)

Clinton Eaton Ingham Total

VOC NOX VOC NOX VOC NOX VOC NOX

Point ...... 188 117 99 2,583 1,668 6,133 1,955 8,833 Area ...... 2,421 213 3,348 356 6,706 1,293 12,475 1,862 Nonroad ...... 879 783 796 876 1,558 1,520 3,233 3,179

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TABLE 9.—LANSING-EAST LANSING AREA: TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 1999 (TPY)— Continued

Clinton Eaton Ingham Total

VOC NOX VOC NOX VOC NOX VOC NOX

Onroad ...... 1,638 3,035 2,335 3,921 6,218 8,360 10,191 15,316

Total ...... 5,126 4,148 6,578 7,736 16,150 17,306 27,854 29,190

TABLE 10.—LANSING-EAST LANSING AREA: TOTAL VOC AND NOX; EMISSIONS FOR ATTAINMENT YEAR 2002 (TPY)

Clinton Eaton Ingham Total

VOC NOX VOC NOX VOC NOX VOC NOX

Point ...... 197 168 56 1,919 2,092 6,150 2,345 8,237 Area ...... 1,645 232 2,205 416 3,879 1,043 7,729 1,691 Nonroad ...... 875 755 779 847 1,541 1,509 3,195 3,111 Onroad ...... 1,870 3,432 2,052 3,670 4,678 7,892 8,600 14,994

Total ...... 4,587 4,587 5,092 6,852 12,190 16,594 21,869 28,033

TABLE 11.—LANSING-EAST LANSING AREA: COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS (TPY)

VOC NOX Sector Net change Net change 1999 2002 (1999–2002) 1999 2002 (1999–2002)

Point ...... 1,955 2,345 390 8,833 8,237 ·596 Area ...... 12,475 7,729 ·4,746 1,862 1,691 ·171 Nonroad ...... 3,233 3,195 ·38 3,179 3,111 ·68 Onroad ...... 10,191 8,600 ·1,591 15,316 14,994 ·322

Total ...... 27,854 21,869 ·5,985 29,190 28,033 ·1,157

TABLE 12.—BENZIE COUNTY AREA: COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS (TPY)

VOC NOX Sector Net change Net change 1999 2002 (1999–2002) 1999 2002 (1999–2002)

Point ...... 3 1 ·2 4 7 3 Area ...... 1,005 783 ·222 78 73 ·5 Nonroad ...... 1,536 1,643 107 186 182 ·4 Onroad ...... 314 323 9 595 584 ·11

Total ...... 2,858 2,750 ·108 863 846 ·17

TABLE 13.—HURON COUNTY AREA: COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS (TPY)

VOC NOX Sector Net change Net change 1999 2002 (1999–2002) 1999 2002 (1999–2002)

Point ...... 36 76 40 1,282 1,468 186 Area ...... 2,222 1,008 ·1,214 300 174 ·126 Nonroad ...... 1,428 1,452 24 1,040 1,018 ·22 Onroad ...... 660 509 ·151 1,245 908 ·337

Total ...... 4,346 3,045 ·1,301 3,867 3,568 ·299

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TABLE 14.—MASON COUNTY AREA: COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS (TPY)

VOC NOX Sector Net change Net change 1999 2002 (1999–2002) 1999 2002 (1999–2002)

Point ...... 174 108 ·66 587 280 ·307 Area ...... 1551 1021 ·530 157 147 ·10 Nonroad ...... 1382 1532 150 288 287 ·1 Onroad ...... 536 435 ·101 895 758 ·137

Total ...... 3643 3096 ·547 1927 1472 ·455

Table 5 shows that the Grand Rapids 4. The Areas Have a Fully Approved schedule for implementation as EPA area reduced VOC emissions by 9,949 Maintenance Plan Pursuant to Section deems necessary to assure prompt tpy and NOX emissions by 20,276 tpy 175a of the CAA. (Section correction of any future 8-hour ozone between 1999 and 2002. Table 8 shows 107(d)(3)(E)(iv)) violations. that the Kalamazoo-Battle Creek area In conjunction with its requests to The September 4, 1992 John Calcagni reduced VOC emissions by 3,661 tpy redesignate the Grand Rapids, memorandum provides additional and NOX emissions by 1,964 tpy Kalamazoo-Battle Creek, Lansing-East guidance on the content of a between 1999 and 2002. Table 11 shows Lansing, Benzie County, Huron County, maintenance plan. The memorandum that the Lansing-East Lansing area and Mason County nonattainment areas clarifies that an ozone maintenance plan reduced VOC emissions by 5,985 tpy to attainment status, Michigan should address the following items: the attainment VOC and NOX emissions and NOX emissions by 1,157 tpy submitted SIP revisions to provide for between 1999 and 2002. Table 12 shows the maintenance of the 8-hour ozone inventories, a maintenance that the Benzie County area reduced NAAQS in these areas through 2018. demonstration showing maintenance for the ten years of the maintenance period, VOC emissions by 108 tpy and NO a. What is required in a maintenance X a commitment to maintain the existing emissions by 17 tpy between 1999 and plan? Section 175A of the CAA sets forth the required elements of a monitoring network, factors and 2002. Table 13 shows that the Huron maintenance plan for areas seeking procedures to be used for verification of County area reduced VOC emissions by redesignation from nonattainment to continued attainment of the NAAQS, 1,301 tpy and NOX emissions by 299 tpy attainment. Under section 175A, the and a contingency plan to prevent or between 1999 and 2002. Table 14 shows plan must demonstrate continued correct future violations of the NAAQS. that the Mason County area reduced attainment of the applicable NAAQS for b. Attainment Inventory. The MDEQ VOC emissions by 547 tpy and NOX at least ten years after the Administrator developed a baseline emissions emissions by 455 tpy between 1999 and approves a redesignation to attainment. inventory for 2002, one of the years 2002. Eight years after the redesignation, the MDEQ used to demonstrate monitored Based on the information summarized State must submit a revised attainment of the 8-hour NAAQS, as above, Michigan has adequately maintenance plan which demonstrates required by the EPA Consolidated demonstrated that the improvement in that attainment will continue to be Emissions Reporting Rule (40 CFR Part air quality is due to permanent and maintained for ten years following the 51). MDEQ provided full documentation enforceable emissions reductions. initial ten-year maintenance period. To of the methodologies it used in its address the possibility of future NAAQS submittal. The attainment level of violations, the maintenance plan must emissions is summarized in Tables 15 to contain contingency measures with a 18, below.

TABLE 15.—GRAND RAPIDS AREA: TOTAL VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2002 (TPD)

Kent Ottawa Total

VOC NOX VOC NOX VOC NOX

Point ...... 7.67 2.16 4.74 52.08 12.41 54.24 Area ...... 28.73 3.61 12.18 1.51 40.91 5.12 Nonroad ...... 12.42 14.26 5.32 7.96 17.74 22.22 Onroad ...... 31.13 46.94 10.82 18.00 41.95 64.94

Total ...... 79.95 66.97 33.06 79.55 113.01 146.52

TABLE 16.—KALAMAZOO-BATTLE CREEK AREA: TOTAL VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2002 (TPD)

Calhoun Kalamazoo Van Buren Total

VOC NOX VOC NOX VOC NOX VOC NOX

Point ...... 1.67 2.41 1.58 2.09 0.09 0.17 3.34 4.67 Area ...... 7.66 0.75 12.46 1.19 4.16 0.31 24.28 2.25 Nonroad ...... 2.62 4.49 4.89 6.97 2.87 1.80 10.38 13.26

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TABLE 16.—KALAMAZOO-BATTLE CREEK AREA: TOTAL VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2002 (TPD)— Continued

Calhoun Kalamazoo Van Buren Total

VOC NOX VOC NOX VOC NOX VOC NOX

Onroad ...... 9.76 17.83 14.29 22.52 5.17 11.16 29.22 51.51

Total ...... 21.71 25.48 33.22 32.77 12.29 13.44 67.22 71.69

TABLE 17.—LANSING-EAST LANSING AREA: TOTAL VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2002 (TPD)

Clinton Eaton Ingham Total

VOC NOX VOC NOX VOC NOX VOC NOX

Point ...... 0.66 0.56 0.21 6.51 7.55 19.14 8.42 26.21 Area ...... 3.01 0.24 5.04 0.45 13.69 1.23 21.74 1.92 Nonroad ...... 2.24 2.84 1.80 3.30 4.29 6.16 8.33 12.30 Onroad ...... 6.10 11.91 6.48 11.86 13.90 22.96 26.48 46.73

Total ...... 12.01 15.55 13.53 22.12 39.43 49.49 64.97 87.16

TABLE 18.—BENZIE COUNTY, HURON COUNTY, AND MASON COUNTY AREAS: TOTAL VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2002 (TPD)

Benzie Huron Mason

VOC NOX VOC NOX VOC NOX

Point ...... 0.01 0.03 0.27 6.16 0.39 0.79 Area ...... 1.54 0.06 2.18 0.20 1.89 0.16 Nonroad ...... 4.05 0.61 3.29 5.73 2.88 1.97 Onroad ...... 1.08 2.10 1.68 3.31 1.39 2.48

Total ...... 6.68 2.80 7.42 15.40 6.55 5.40

c. Demonstration of Maintenance. the Grand Rapids, Kalamazoo-Battle Michigan is using projected Michigan submitted with the Creek, Lansing-East Lansing, Benzie inventories developed by LADCO for redesignation requests revisions to the County, Huron County, and Mason the years 2009 and 2018. The exception 8-hour ozone SIP to include 12-year County areas remain at or below to this is the 2018 onroad mobile source maintenance plans for the Grand attainment year emission levels. A emissions estimates, which were Rapids, Kalamazoo-Battle Creek, maintenance demonstration need not be prepared by the Michigan Department of Lansing-East Lansing, Benzie County, based on modeling. See Wall v. EPA, Transportation. Using projected Huron County, and Mason County areas, 265 F.3d 426 (6th Cir. 2001), Sierra Club inventories prepared by LADCO will in compliance with section 175A of the v. EPA, 375 F. 3d 537 (7th Cir. 2004). ensure that the inventories used for CAA. This demonstration shows See also 66 FR 53094, 53099–53100 redesignation are consistent with maintenance of the 8-hour ozone (October 19, 2001), 68 FR 25413, 25430– regional attainment modeling performed standard by assuring that current and 25432 (May 12, 2003). in the future. These emission estimates future emissions of VOC and NOX for are presented in Tables 19 to 24 below.

TABLE 19.—GRAND RAPIDS AREA: COMPARISON OF 2002–2018 VOC AND NOX EMISSIONS (TPD)

VOC NOX Sector Net change Net change 2002 2009 2018 (2002–2018) 2002 2009 2018 (2002–2018)

Point ...... 12.41 12.50 15.35 2.94 54.24 21.61 24.39 ·29.85 Area ...... 40.91 41.28 43.98 3.07 5.12 5.37 5.59 0.47 Nonroad ...... 17.74 12.03 9.95 ·7.79 22.22 16.57 9.55 ·12.67 Onroad ...... 41.95 25.39 13.39 ·28.56 64.94 44.38 14.38 ·50.56

Total ...... 113.01 91.20 82.67 ·30.34 146.52 87.93 53.91 ·92.61

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TABLE 20.—KALAMAZOO-BATTLE CREEK AREA: COMPARISON OF 2002–2018 VOC AND NOX EMISSIONS (TPD)

VOC NOX Sector Net change Net change 2002 2009 2018 (2002–2018) 2002 2009 2018 (2002–2018)

Point ...... 3.34 3.34 4.06 0.72 4.67 4.52 4.75 0.08 Area ...... 24.28 24.01 25.12 0.84 2.25 2.37 2.46 0.21 Nonroad ...... 10.38 7.39 6.08 ·4.30 13.26 8.84 5.28 ·7.98 Onroad ...... 29.22 17.53 9.05 ·20.17 51.51 34.24 10.75 ·40.76

Total ...... 67.22 52.89 44.36 ·22.86 71.69 49.97 23.24 ·48.45

TABLE 21.—LANSING-EAST LANSING AREA: COMPARISON OF 2002–2018 VOC AND NOX EMISSIONS (TPD)

VOC NOX Sector Net change Net change 2002 2009 2018 (2002–2018) 2002 2009 2018 (2002–2018)

Point ...... 8.42 6.70 7.49 ·0.93 26.21 18.16 21.85 ·4.36 Area ...... 21.74 21.34 22.06 0.32 1.92 2.02 2.08 0.16 Nonroad ...... 8.33 5.99 4.88 ·3.45 12.30 8.97 5.34 ·6.96 Onroad ...... 26.48 15.88 8.37 ·18.11 46.73 31.13 9.69 ·37.04

Total ...... 64.97 49.91 42.80 ·22.17 87.16 60.28 38.96 ·48.20

TABLE 22.—BENZIE COUNTY AREA: COMPARISON OF 2002–2018 VOC AND NOX EMISSIONS (TPD)

VOC NOX Sector Net change Net change 2002 2009 2018 (2002–2018) 2002 2009 2018 (2002–2018)

Point ...... 0.01 0.01 0.01 0.00 0.03 0.03 0.03 0.00 Area ...... 1.54 1.42 1.37 ·0.17 0.06 0.07 0.07 0.01 Nonroad ...... 4.05 4.31 2.85 ·1.20 0.61 0.55 0.53 ·0.08 Onroad ...... 1.08 0.65 0.31 ·0.77 2.10 1.40 0.37 ·1.73

Total ...... 6.68 6.39 4.54 ·2.14 2.80 2.05 1.00 ·1.80

TABLE 23.—HURON COUNTY AREA: COMPARISON OF 2002–2018 VOC AND NOX EMISSIONS (TPD)

VOC NOX Sector Net change Net change 2002 2009 2018 (2002–2018) 2002 2009 2018 (2002–2018)

Point ...... 0.27 0.29 0.33 0.06 6.16 1.39 1.69 ·4.47 Area ...... 2.18 2.13 2.19 0.01 0.20 0.21 0.22 0.02 Nonroad ...... 3.29 3.27 2.39 ·0.90 5.73 5.95 5.20 ·0.53 Onroad ...... 1.68 1.01 0.55 ·1.13 3.31 2.21 0.65 ·2.66

Total ...... 7.42 6.70 5.46 ·1.96 15.40 9.76 7.76 ·7.64

TABLE 24.—MASON COUNTY AREA: COMPARISON OF 2002–2018 VOC AND NOX EMISSIONS (TPD)

VOC NOX Sector Net change Net change 2002 2009 2018 (2002–2018) 2002 2009 2018 (2002–2018)

Point ...... 0.39 0.49 0.65 0.26 0.79 0.35 0.45 ·0.34 Area ...... 1.89 1.86 1.92 0.03 0.16 0.17 0.17 0.01 Nonroad ...... 2.88 3.03 2.02 ·0.86 1.97 1.68 1.52 ·0.45 Onroad ...... 1.39 0.83 0.43 ·0.96 2.48 1.66 0.51 ·1.97

Total ...... 6.55 6.21 5.02 ·1.53 5.40 3.86 2.65 ·2.75

The emission projections show that Grand Rapids, Kalamazoo-Battle Creek, Huron County, and Mason County areas MDEQ does not expect emissions in the Lansing-East Lansing, Benzie County, to exceed the level of the 2002

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attainment year inventory during the and NOX, respectively. For the Mason were contained in the SIP before maintenance period. In the Grand County area, 1.53 tpd and 2.75 tpd are redesignation of the area to attainment. Rapids area, MDEQ projects that VOC the safety margins for VOC and NOX, See section 175A(d) of the CAA. and NOX emissions will decrease by respectively. The safety margin, or a As required by section 175A of the 30.34 tpd and 92.61 tpd, respectively. In portion thereof, can be allocated to any CAA, Michigan has adopted the Kalamazoo-Battle Creek area, MDEQ of the source categories, as long as the contingency plans for the Grand Rapids, projects that VOC and NOX emissions total attainment level of emissions is Kalamazoo-Battle Creek, Lansing-East will decrease by 22.86 tpd and 48.45 maintained. Lansing, Benzie County, Huron County, tpd, respectively. In the Lansing-East d. Monitoring Network. Michigan and Mason County areas to address Lansing area, MDEQ projects that VOC currently operates two ozone monitors possible future ozone air quality and NOX emissions will decrease by in Kent County and one ozone monitor problems. The contingency plans 22.17 tpd and 48.20 tpd, respectively. In each in Ottawa, Kalamazoo, Clinton, adopted by Michigan have two levels of the Benzie County area, MDEQ projects Ingham, Benzie, Huron, and Mason response, depending on whether a that VOC and NOX emissions will Counties. MDEQ has committed to violation of the 8-hour ozone standard decrease by 2.14 tpd and 1.80 tpd, continue operating and maintaining an is only threatened (Action Level respectively. In the Huron County area, approved ozone monitor network in Response) or has occurred (Contingency MDEQ projects that VOC and NOX accordance with 40 CFR part 58. Measure Response). emissions will decrease by 1.96 tpd and e. Verification of Continued An Action Level Response will occur 7.64 tpd, respectively. In the Mason Attainment. Continued attainment of when a two-year average fourth-high County area, MDEQ projects that VOC the ozone NAAQS in the Grand Rapids, monitored daily peak 8-hour ozone Kalamazoo-Battle Creek, Lansing-East and NOX emissions will decrease by concentration of 85 ppb or higher is 1.53 tpd and 2.75 tpd, respectively. Lansing, Benzie County, Huron County, monitored within an ozone maintenance and Mason County areas depends, in As part of its maintenance plans, the area. An Action Level Response will part, on the State’s efforts toward consist of Michigan performing a review State elected to include a ‘‘safety tracking indicators of continued margin’’ for the areas. A ‘‘safety margin’’ of the circumstances leading to the high attainment during the maintenance monitored values. MDEQ will conduct is the difference between the attainment period. The State’s plan for verifying level of emissions (from all sources) and this review within 6 months following continued attainment of the 8-hour the close of the ozone season. If MDEQ the projected level of emissions (from standard in the Grand Rapids, all sources) in the maintenance plan determines that contingency measure Kalamazoo-Battle Creek, Lansing-East implementation is necessary to prevent which continues to demonstrate Lansing, Benzie County, Huron County, attainment of the standard. The a future violation of the NAAQS, MDEQ and Mason County areas consists of will select and implement a measure attainment level of emissions is the plans to continue ambient ozone level of emissions during one of the that can be implemented promptly. monitoring in accordance with the A Contingency Measure Response years in which the area met the NAAQS. requirements of 40 CFR part 58. In will be triggered by a violation of the The Grand Rapids, Kalamazoo-Battle addition, MDEQ will periodically standard (a 3-year average of the annual Creek, Lansing-East Lansing, Benzie review and revise the VOC and NOX fourth-highest daily maximum 8-hour County, Huron County, and Mason emissions inventories for the Grand average ozone concentration of 85 ppb County areas attained the 8-hour ozone Rapids, Kalamazoo-Battle Creek, or greater). When a Contingency NAAQS during the 2002–2004 time Lansing-East Lansing, Benzie County, Measure Response is triggered, period. Michigan used 2002 as the Huron County, and Mason County areas, Michigan will select one or more control attainment level of emissions for the as required by the Consolidated measures for implementation. The areas. In the maintenance plans, MDEQ Emissions Reporting Rule (40 CFR part timing for implementation of a projected emission levels for 2018. For 51), to track levels of emissions in the contingency measure is dependent on Grand Rapids, the emissions from point, future. the process needed for legal adoption area, nonroad, and mobile sources in f. Contingency Plan. The contingency and source compliance, which varies for 2002 equaled 113.01 tpd of VOC. MDEQ plan provisions are designed to each measure. MDEQ will expedite the projected VOC emissions for the year promptly correct or prevent a violation process of adopting and implementing 2018 to be 82.67 tpd of VOC. The SIP of the NAAQS that might occur after the selected measures, with a goal of submission demonstrates that the Grand redesignation of an area to attainment. having measures in place as Rapids area will continue to maintain Section 175A of the CAA requires that expeditiously as practicable within 18 the standard with emissions at this a maintenance plan include such months. EPA is interpreting this level. The safety margin for VOC is contingency measures as EPA deems commitment to mean that the measure calculated to be the difference between necessary to assure that the state will will be in place within 18 months. these amounts or, in this case, 30.34 tpd promptly correct a violation of the Contingency measures contained in of VOC for 2018. By this same method, NAAQS that occurs after redesignation. the maintenance plans are those 92.61 tpd (i.e., 146.52 tpd less 53.91 The maintenance plan should identify emission controls or other measures that tpd) is the safety margin for NOX for the contingency measures to be adopted, Michigan may choose to adopt and 2018. For the Kalamazoo-Battle Creek a schedule and procedure for adoption implement to correct possible air quality area, 22.86 tpd and 48.45 tpd are the and implementation of the contingency problems. These include the following: safety margins for VOC and NOX, measures, and a time limit for action by i. Lower Reid vapor pressure gasoline respectively. For the Lansing-East the state. The state should also identify requirements; Lansing area, 22.17 tpd and 48.20 tpd specific indicators to be used to ii. Reduced VOC content in are the safety margins for VOC and NOX, determine when the contingency Architectural, Industrial, and respectively. For the Benzie County measures need to be adopted and Maintenance (AIM) coatings rule; area, 2.14 tpd and 1.80 tpd are the safety implemented. The maintenance plan iii. Auto body refinisher self- margins for VOC and NOX, respectively. must include a requirement that the certification audit program; For the Huron County area, 1.96 tpd and state will implement all measures with iv. Reduced VOC degreasing rule; 7.64 tpd are the safety margins for VOC respect to control of the pollutant(s) that v. Transit improvements;

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vi. Diesel retrofit program; attainment is established for the last published on July 1, 2004 (69 FR vii. Reduced VOC content in year of the maintenance plan. The 40004). EPA follows this guidance and commercial and consumer products MVEB serves as a ceiling on emissions rulemaking in making its adequacy rule; from an area’s planned transportation determinations. viii. Reduce idling program. system. The MVEB concept is further The Grand Rapids, Kalamazoo-Battle g. Provisions for Future Updates of the explained in the preamble to the Creek, Lansing-East Lansing, Benzie Ozone Maintenance Plan. As required November 24, 1993, transportation County, Huron County, and Mason by section 175A(b) of the CAA, conformity rule (58 FR 62188). The County areas’ maintenance plans Michigan commits to submit to the EPA preamble also describes how to contain new VOC and NOX MVEBs for updated ozone maintenance plans eight establish the MVEB in the SIP and how the year 2018. The availability of the SIP years after redesignation of the Grand to revise the MVEB if needed. submissions with these 2018 MVEBs Rapids, Kalamazoo-Battle Creek, Under section 176(c) of the CAA, new was announced for public comment on Lansing-East Lansing, Benzie County, transportation projects, such as the EPA’s Adequacy Web page on June 1, Huron County, and Mason County areas construction of new highways, must 2006, at: http://www.epa.gov/otaq/ to cover an additional 10-year period ‘‘conform’’ to (i.e., be consistent with) stateresources/transconf/currsips.htm. beyond the initial 10-year maintenance the part of the SIP that addresses The EPA public comment period on period. Michigan has committed to emissions from cars and trucks. adequacy of the 2018 MVEBs for the retain the control measures for VOC and Conformity to the SIP means that Grand Rapids, Kalamazoo-Battle Creek, NOX emissions that were contained in transportation activities will not cause and Lansing-East Lansing, Benzie the SIP before redesignation of the areas new air quality violations, worsen County, Huron County, and Mason to attainment, as required by section existing air quality violations, or delay County areas closed on July 3, 2006. No 175(A) of the CAA. timely attainment of the NAAQS. If a requests for these submittals or adverse EPA has concluded that the transportation plan does not conform, comments on these submittals were maintenance plans adequately address most new transportation projects that received during the adequacy comment the five basic components of a would expand the capacity of roadways period. In letters dated July 1, 2006 and maintenance plan: attainment cannot go forward. Regulations at 40 July 3, 2006, EPA informed MDEQ that inventory, maintenance demonstration, CFR part 93 set forth EPA policy, we had found the 2018 MVEBs to be monitoring network, verification of criteria, and procedures for adequate for use in transportation continued attainment, and a demonstrating and assuring conformity conformity analyses. contingency plan. The maintenance of such transportation activities to a SIP. EPA, through this rulemaking, is plan SIP revisions submitted by When reviewing SIP revisions approving the MVEBs for use to Michigan for the Grand Rapids, containing MVEBs, including determine transportation conformity in Kalamazoo-Battle Creek, Lansing-East attainment strategies, rate-of-progress the Grand Rapids, Kalamazoo-Battle Lansing, Benzie County, Huron County, plans, and maintenance plans, EPA Creek, Lansing-East Lansing, Benzie and Mason County areas meet the must affirmatively find that the MVEBs County, Huron County, and Mason requirements of section 175A of the are ‘‘adequate’’ for use in determining County areas because EPA has CAA. transportation conformity. Once EPA determined that the areas can maintain affirmatively finds the submitted attainment of the 8-hour ozone NAAQS ii. Adequacy of Michigan’s Motor MVEBs to be adequate for transportation for the relevant maintenance period Vehicle Emissions Budgets (MVEBs) conformity purposes, the MVEBs are with mobile source emissions at the 1. How Are MVEBs Developed and used by state and federal agencies in levels of the MVEBs. MDEQ has What Are the MVEBs for the Grand determining whether proposed determined the 2018 MVEBs for the Rapids, Kalamazoo-Battle Creek, transportation projects conform to the Grand Rapids area to be 40.70 tpd for Lansing-East Lansing, Benzie County, SIP as required by section 176(c) of the VOC and 97.87 tpd for NOX. These Mason County, and Huron County CAA. EPA’s substantive criteria for MVEBs exceed the onroad mobile determining the adequacy of MVEBs are Areas? source VOC and NOX emissions set out in 40 CFR 93.118(e)(4). projected by MDEQ for 2018, as Under the CAA, states are required to EPA’s process for determining summarized in Table 19 above submit, at various times, control strategy adequacy of an MVEB consists of three (‘‘onroad’’ source sector). MDEQ SIP revisions and ozone maintenance basic steps: (1) Providing public decided to include safety margins plans for ozone nonattainment areas and notification of a SIP submission; (2) (described further below) of 27.31 tpd for areas seeking redesignations to providing the public the opportunity to for VOC and 83.49 tpd for NOX in the attainment of the ozone standard. These comment on the MVEB during a public MVEBs to provide for mobile source emission control strategy SIP revisions comment period; and (3) EPA’s finding growth. Michigan has demonstrated that (e.g., reasonable further progress SIP of adequacy. The process of determining the Grand Rapids area can maintain the and attainment demonstration SIP the adequacy of submitted SIP MVEBs 8-hour ozone NAAQS with mobile revisions) and ozone maintenance plans was initially outlined in EPA’s May 14, source emissions of 40.70 tpd of VOC create MVEBs based on onroad mobile 1999 guidance, ‘‘Conformity Guidance and 97.87 tpd of NOX in 2018, including source emissions for criteria pollutants on Implementation of March 2, 1999, the allocated safety margins, since and/or their precursors to address Conformity Court Decision.’’ This emissions will still remain under pollution from cars and trucks. The guidance was codified in the attainment year emission levels. MVEBs are the portions of the total Transportation Conformity Rule MDEQ has determined the 2018 allowable emissions that are allocated to Amendments for the ‘‘New 8-Hour MVEBs for the Kalamazoo-Battle Creek highway and transit vehicle use that, Ozone and PM2.5 National Ambient Air area to be 29.67 tpd for VOC and 54.36 together with emissions from other Quality Standards and Miscellaneous tpd for NOX. Again, these MVEBs sources in the area, will provide for Revisions for Existing Areas; exceed the onroad mobile source VOC attainment or maintenance. Transportation Conformity Rule and NOX emissions projected by MDEQ Under 40 CFR Part 93, an MVEB for Amendments—Response to Court for 2018, as summarized in Table 20 an area seeking a redesignation to Decision and Additional Rule Change,’’ above (‘‘onroad’’ source sector). MDEQ

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decided to include safety margins of margins, since emissions will still Lansing, Benzie County, Huron County, 20.62 tpd for VOC and 43.61 tpd for remain under attainment year emission and Mason County areas. The State is NOX in the MVEBs to provide for levels. not requesting allocation of the entire mobile source growth. Michigan has MDEQ has determined the 2018 available safety margins reflected in the demonstrated that the Kalamazoo-Battle MVEBs for the Mason County area to be demonstration of maintenance. Creek area can maintain the 8-hour 1.81 tpd for VOC and 2.99 tpd for NOX. Therefore, even though the State is ozone NAAQS with mobile source These MVEBs exceed the onroad mobile requesting MVEBs that exceed the emissions of 29.67 tpd of VOC and source VOC and NOX emissions projected onroad mobile source 54.36 tpd of NOX in 2018, including the projected by MDEQ for 2018, as emissions for 2018 contained in the allocated safety margins, since summarized in Table 24 above demonstration of maintenance, the emissions will still remain under (‘‘onroad’’ source sector) because MDEQ increase in onroad mobile source attainment year emission levels. decided to include safety margins of emissions that can be considered for MDEQ has determined the 2018 1.38 tpd for VOC and 2.48 tpd for NOX transportation conformity purposes is MVEBs for the Lansing-East Lansing in the MVEBs to provide for mobile well within the safety margins of the area to be 28.32 tpd for VOC and 53.07 source growth. Michigan has ozone maintenance demonstration. tpd for NOX. These MVEBs exceed the demonstrated that the Mason County Further, once allocated to mobile onroad mobile source VOC and NOX area can maintain the 8-hour ozone sources, these safety margins will not be emissions projected by MDEQ for 2018, NAAQS with mobile source emissions available for use by other sources. as summarized in Table 21 above of 1.81 tpd of VOC and 2.99 tpd of NOX (‘‘onroad’’ source sector) because MDEQ in 2018, including the allocated safety VIII. What Actions Is EPA Taking decided to include safety margins of margins, since emissions will still Today? 19.95 tpd for VOC and 43.38 tpd for remain under attainment year emission EPA is proposing to make NOX in the MVEBs to provide for levels. determinations that the Grand Rapids, mobile source growth. Michigan has 2. What Is a Safety Margin? Kalamazoo-Battle Creek, Lansing-East demonstrated that the Lansing-East Lansing, Benzie County, Huron County, Lansing area can maintain the 8-hour A ‘‘safety margin’’ is the difference and Mason County areas have attained ozone NAAQS with mobile source between the attainment level of the 8-hour ozone NAAQS, and EPA is emissions of 28.32 tpd of VOC and emissions (from all sources) and the proposing to approve the redesignations 53.07 tpd of NOX in 2018, including the projected level of emissions (from all of the Grand Rapids, Kalamazoo-Battle allocated safety margins, since sources) in the maintenance plan. As Creek, Lansing-East Lansing, Benzie emissions will still remain under noted in Table 19, the Grand Rapids County, Huron County, and Mason attainment year emission levels. area VOC and NOX emissions are County areas from nonattainment to MDEQ has determined the 2018 projected to have safety margins of attainment for the 8-hour ozone MVEBs for the Benzie County area to be 30.34 tpd for VOC and 92.61 tpd for NAAQS. After evaluating Michigan’s 2.24 tpd for VOC and 1.99 tpd for NOX. NOX in 2018 (the difference between the redesignation requests, EPA has These MVEBs exceed the onroad mobile attainment year, 2002, emissions and determined that they meet the the projected 2018 emissions for all source VOC and NOX emissions redesignation criteria set forth in section sources in the Grand Rapids area). As projected by MDEQ for 2018, as 107(d)(3)(E) of the CAA. The final noted in Table 20, the Kalamazoo-Battle summarized in Table 22 above approval of these redesignation requests Creek area VOC and NO emissions are (‘‘onroad’’ source sector) because MDEQ X would change the official designations projected to have safety margins of decided to include safety margins of for the Grand Rapids, Kalamazoo-Battle 22.86 tpd and 48.45 tpd, respectively. 1.93 tpd for VOC and 1.62 tpd for NOX Creek, Lansing-East Lansing, Benzie As noted in Table 21, the Lansing-East in the MVEBs to provide for mobile County, Huron County, and Mason Lansing area VOC and NO emissions source growth. Michigan has X County areas from nonattainment to are projected to have safety margins of demonstrated that the Benzie County attainment for the 8-hour ozone area can maintain the 8-hour ozone 22.17 tpd and 48.20 tpd, respectively. As noted in Table 22, the Benzie County standard. NAAQS with mobile source emissions EPA is also proposing to approve the area VOC and NOX emissions are of 2.24 tpd of VOC and 1.99 tpd of NOX maintenance plan SIP revisions for the projected to have safety margins of 2.14 in 2018, including the allocated safety Grand Rapids, Kalamazoo-Battle Creek, margins, since emissions will still tpd and 1.80 tpd, respectively. As noted Lansing-East Lansing, Benzie County, remain under attainment year emission in Table 23, the Huron County area VOC Huron County, and Mason County areas. levels. and NOX emissions are projected to EPA’s proposed approval of the MDEQ has determined the 2018 have safety margins of 1.96 tpd and 7.64 maintenance plans is based on MVEBs for the Huron County area to be tpd, respectively. As noted in Table 24, Michigan’s demonstration that the plans 2.34 tpd for VOC and 7.53 tpd for NOX. the Mason County area VOC and NO X meet the requirements of section 175A These MVEBs exceed the onroad mobile emissions are projected to have safety of the CAA, as described more fully source VOC and NOX emissions margins of 1.53 tpd and 2.75 tpd, above. Additionally, EPA is finding projected by MDEQ for 2018, as respectively. Even if emissions reached adequate and proposing to approve the summarized in Table 23 above the full level of the safety margin, the 2018 MVEBs submitted by Michigan in (‘‘onroad’’ source sector) because MDEQ counties would still demonstrate conjunction with the redesignation decided to include safety margins of maintenance since emission levels requests. 1.79 tpd for VOC and 6.88 tpd for NOX would equal those in the attainment in the MVEBs to provide for mobile year. IX. Statutory and Executive Order source growth. Michigan has The MVEBs requested by MDEQ Reviews demonstrated that the Huron County contain safety margins for mobile area can maintain the 8-hour ozone sources smaller than the allowable Executive Order 12866; Regulatory NAAQS with mobile source emissions safety margins reflected in the total Planning and Review of 2.34 tpd of VOC and 7.53 tpd of NOX emissions for the Grand Rapids, Under Executive Order 12866 (58 FR in 2018, including the allocated safety Kalamazoo-Battle Creek, Lansing-East 51735, October 4, 1993), this action is

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not a ‘‘significant regulatory action’’ and tribal officials in the development of submission that otherwise satisfies the therefore is not subject to review by the regulatory policies that have tribal provisions of the Act. Office of Management and Budget. implications.’’ This proposed rule also Redesignation is an action that affects does not have tribal implications, as the status of a geographical area but Paperwork Reduction Act specified in Executive Order 13175, does not impose any new requirements This proposed rule does not impose because redesignation is an action that on sources. Thus, the requirements of an information collection burden under affects the status of a geographical area section 12(d) of the National the provisions of the Paperwork and does not impose any new regulatory Technology Transfer and Advancement Reduction Act of 1995 (44 U.S.C. 3501 requirements on tribes, impact any Act of 1995 (15 U.S.C. 272 note) do not et seq.). existing sources of air pollution on apply. tribal lands, nor impair the maintenance Regulatory Flexibility Act List of Subjects of ozone national ambient air quality This proposed action merely proposes standards in tribal lands. Thus, 40 CFR Part 52 to approve state law as meeting Federal Executive Order 13175 does not apply requirements and imposes no additional Environmental protection, Air to this rule. pollution control, Intergovernmental requirements beyond those imposed by Although Executive Order 13175 does state law. Redesignation of an area to relations, Nitrogen dioxide, Ozone, not apply to this rule, EPA met with Volatile organic compounds. attainment under section 107(d)(3)(E) of interested tribes in Michigan to discuss the Clean Air Act does not impose any the redesignation process and the 40 CFR Part 81 new requirements on small entities. impact of a change in designation status Environmental protection, Air Redesignation is an action that affects of these areas on the tribes. Pollution Control, National parks, the status of a geographical area and Wilderness areas. does not impose any new regulatory Executive Order 13045 Protection of requirements on sources. Accordingly, Children From Environmental Health Dated: November 21, 2006. the Administrator certifies that this rule and Safety Risks Mary A. Gade, will not have a significant economic Regional Administrator, Region 5. This proposed rule also is not subject impact on a substantial number of small to Executive Order 13045 ‘‘Protection of [FR Doc. E6–20639 Filed 12–6–06; 8:45 am] entities under the Regulatory Flexibility Children from Environmental Health BILLING CODE 6560–50–P Act (5 U.S.C. 601 et seq.). Risks and Safety Risks’’ (62 FR 19885, Unfunded Mandates Reform Act April 23, 1997), because it is not economically significant. DEPARTMENT OF HOMELAND Because this rule proposes to approve SECURITY pre-existing requirements under state Executive Order 13211: Actions That law and does not impose any additional Significantly Affect Energy Supply, Federal Emergency Management enforceable duty beyond that required Distribution, or Use Agency by state law, it does not contain any Because it is not a ‘‘significant unfunded mandate or significantly or 44 CFR Part 67 uniquely affect small governments, as regulatory action’’ under Executive described in the Unfunded Mandates Order 12866 or a ‘‘significant energy [Docket No. FEMA–B–7700] Reform Act of 1995 (Pub. L. 104–4). action,’’ this action is also not subject to Executive Order 13211, ‘‘Actions Proposed Flood Elevation Executive Order 13132 Federalism Concerning Regulations That Determinations This action also does not have Significantly Affect Energy Supply, AGENCY: Federal Emergency Federalism implications because it does Distribution, or Use’’ (66 FR 28355, May Management Agency, DHS. 22, 2001). not have substantial direct effects on the ACTION: Proposed rule. states, on the relationship between the National Technology Transfer national government and the states, or Advancement Act SUMMARY: Technical information or on the distribution of power and comments are requested on the responsibilities among the various Section 12(d) of the National proposed Base (1% annual chance) levels of government, as specified in Technology Transfer and Advancement Flood Elevations (BFEs) and proposed Executive Order 13132 (64 FR 43255, Act of 1995 (NTTA), 15 U.S.C. 272, BFE modifications for the communities August 10, 1999). Redesignation is an requires Federal agencies to use listed below. The BFEs are the basis for action that merely affects the status of technical standards that are developed the floodplain management measures a geographical area, does not impose or adopted by voluntary consensus to that the community is required either to any new requirements on sources, or carry out policy objectives, so long as adopt or to show evidence of being allows a state to avoid adopting or such standards are not inconsistent with already in effect in order to qualify or implementing other requirements, and applicable law or otherwise remain qualified for participation in the does not alter the relationship or the impracticable. In reviewing program National Flood Insurance Program distribution of power and submissions, EPA’s role is to approve (NFIP). responsibilities established in the Clean state choices, provided that they meet DATES: The comment period is ninety Air Act. the criteria of the Clean Air Act. Absent a prior existing requirement for the state (90) days following the second Executive Order 13175 Consultation to use voluntary consensus standards, publication of this proposed rule in a and Coordination With Indian Tribal EPA has no authority to disapprove a newspaper of local circulation in each Governments program submission for failure to use community. Executive Order 13175 (65 FR 67249, such standards, and it would thus be ADDRESSES: The proposed BFEs for each November 9, 2000) requires EPA to inconsistent with applicable law for community are available for inspection develop an accountable process to EPA to use voluntary consensus at the office of the Chief Executive ensure ‘‘meaningful and timely input by standards in place of a program Officer of each community. The

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respective addresses are listed in the Federal, State or regional entities. These that have federalism implications under table below. proposed elevations are used to meet Executive Order 13132. FOR FURTHER INFORMATION CONTACT: the floodplain management Executive Order 12988, Civil Justice William R. Blanton, Jr., Engineering requirements of the NFIP and are also Reform. This proposed rule meets the Management Section, Mitigation used to calculate the appropriate flood applicable standards of Executive Order Division, Federal Emergency insurance premium rates for new 12988. Management Agency, 500 C Street, SW., buildings built after these elevations are Washington, DC 20472, (202) 646–3151. made final, and for the contents in these List of Subjects in 44 CFR Part 67 buildings. SUPPLEMENTARY INFORMATION: The National Environmental Policy Act. Administrative practice and Federal Emergency Management Agency This proposed rule is categorically procedure, Flood insurance, Reporting (FEMA) proposes to make excluded from the requirements of 44 and recordkeeping requirements. determinations of BFEs and modified CFR part 10, Environmental BFEs for each community listed below, Accordingly, 44 CFR part 67 is Consideration. An environmental proposed to be amended as follows: in accordance with section 110 of the impact assessment has not been Flood Disaster Protection Act of 1973, prepared. PART 67—[AMENDED] 42 U.S.C. 4104, and 44 CFR 67.4(a). Regulatory Flexibility Act. As flood These proposed BFEs and modified elevation determinations are not within BFEs, together with the floodplain 1. The authority citation for part 67 the scope of the Regulatory Flexibility continues to read as follows: management criteria required by 44 CFR Act, 5 U.S.C. 601–612, a regulatory 60.3, are the minimum that are required. flexibility analysis is not required. Authority: 42 U.S.C. 4001 et seq.; They should not be construed to mean Regulatory Classification. This Reorganization Plan No. 3 of 1978, 3 CFR, that the community must change any proposed rule is not a significant 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, existing ordinances that are more regulatory action under the criteria of 3 CFR, 1979 Comp., p. 376. stringent in their floodplain section 3(f) of Executive Order 12866 of § 67.4 [Amended] management requirements. The September 30, 1993, Regulatory community may at any time enact Planning and Review, 58 FR 51735. 2. The tables published under the stricter requirements of its own, or Executive Order 13132, Federalism. authority of § 67.4 are proposed to be pursuant to policies established by other This proposed rule involves no policies amended as follows:

#Depth in feet above ground. *Elevation in feet (NGVD) State City/town/county Source of flooding Location +Elevation in feet (NAVD) Existing Modified

Town of Austin, Arkansas

AR ...... Town of Austin ...... Unnamed Creek ...... Approximately 1,500 feet downstream of None +235 Ed Haymes Road. Approximately 3000 feet None ...... +269 upstream from Ed Haymes Road.

*National Geodetic Vertical Datum. #Depth in feet above ground. +North American Vertical Datum. ADDRESSES Town of Austin Maps are available for inspection at City Hall, 202 W Hendricks, Austin, AR 72007. Send comments to The Honorable Bernie Chamberlain, Mayor, City of Austin, PO Box 129, Austin, AR 72007.

* Elevation in feet (NGVD) + Elevation in feet (NAVD) Location of referenced # Depth in feet above Flooding source(s) elevation ground. Communities affected

Effective 1 Modified

Lowndes County, Georgia, and Incorporated Areas

Sugar Creek ...... At confluence with Withlacoochee River .... +132 +131 Lowndes County (Unincorporated Areas), City of Valdosta. Approximately 175 feet downstream of +132 +131 Gornto Road. Two Mile Branch ...... At confluence with Sugar Creek ...... +132 +131 Lowndes County (Unincorporated Areas), City of Valdosta. Approximately 1,800 feet upstream of con- +132 +131 fluence with Sugar Creek. Withlacoochee River .... Approximately 9,250 feet downstream of None +90 Lowndes County (Unincorporated Areas). State Highway 31.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Location of referenced # Depth in feet above Flooding source(s) elevation ground. Communities affected

Effective 1 Modified

Approximately 4,950 feet upstream of None +97 abandoned railroad.

* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. 1 The existing elevation data included on the effective FIRM is printed in the elevation datum of the National Geodetic Vertical Datum of 1929 (NGVD29). In order to convert this printed elevation data from the NGVD29 datum to the NAVD88 datum, please subtract 0.684 feet. ADDRESSES Lowndes County (Unincorporated Areas) Maps are available for inspection at the County Office, 325 West Savannah Avenue, Valdosta, Georgia 31601. Send comments to Mr. Joseph D. Pritchard, County Manager, 325 West Savannah Avenue, Valdosta, Georgia 31601. City of Valdosta Maps are available for inspection at the County Office, 327 West Savannah Avenue, Valdosta, Georgia 31601. Send comments to The Honorable John J. Fretti, Mayor, City of Valdosta, 216 East Central Avenue, Valdosta, Georgia 31603.

* Elevation in feet (NGVD) + Elevation in feet (NAVD) Location of referenced # Depth in feet above Flooding source(s) elevation ground. Communities affected Effective Modified

East Baton Rouge Parish, Louisiana and Incorporated Areas

Bayou Duplantier and Confluence with Dawson Creek ...... *27 +25 East Baton Rouge Parish. Corporation Canal. Intersection with Nicholson Drive on-ramp None +29 Bayou Fountain ...... Confluence with Bayou Manchac ...... *15 +14 East Baton Rouge Parish. 500 feet upstream from the intersection *24 +23 with Nicholson Drive. Bayou Fountain North Confluence with Bayou Fountain ...... *20 +21 East Baton Rouge Parish. Branch. Approximately 2100 feet upstream from None +22 the intersection with Nicholson Drive (at pedestrian bridge). Bayou Fountain South Confluence with Bayou Fountain ...... *24 +23 East Baton Rouge Parish. Branch. Approximately 2100 feet upstream from *25 +24 the intersection with Gourrier Ave. Bayou Fountain Tribu- Upstream face—Fulmer Skipwith Road ..... *17 +16 East Baton Rouge Parish. tary 1. Approximately 1200 feet upstream from *17 +18 the intersection with Highland Road. Clay Cut Bayou ...... Approximately 4400 feet downstream from *27 +26 East Baton Rouge Parish. Tiger Bend Road. Approximately 600 feet upstream from the None +32 intersection with Bluebonnet Road. Dawson Creek ...... Confluence with Ward’s Creek ...... *25 +24 East Baton Rouge Parish. Approximately 1200 feet upstream from *37 +36 the intersection with Clay Cut Road. Elbow Bayou ...... Upstream face of Illinois Central Railroad .. *20 +18 East Baton Rouge Parish. Approximately 3.1 miles upstream from None +21 Ben Hur Road. Jacks Bayou ...... Confluence with Clay Cut Bayou ...... *29 +30 East Baton Rouge Parish. Approximately 2400 feet upstream from *41 +37 the intersection with Parkforest Drive. Mississippi River ...... Intersection of Bluebonnet Blvd. and Nich- None +42 East Baton Rouge Parish olson Dr. (East Baton Rouge Parish limits) Mississippi River west of W. Mount Pleas- None +52 ant Road (East Baton Rouge Parish limits). Mississippi River ...... West of W. Mount Pleasant Road (East None +42 Baton Rouge Parish Boundary).

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Location of referenced # Depth in feet above Flooding source(s) elevation ground. Communities affected Effective Modified

At confluence of Mississippi River and None +52 Bayou Manchac (East Baton Rouge. Parish Boundary) ...... North Branch ...... Confluence with Wards Creek ...... *30 +29 East Baton Rouge Parish. Wards Creek ...... Approximately 1100 feet upstream from *43 +44 the intersection with Connells Village Lane. South Canal Diversion Approximately 2300 feet upstream from *83 +82 East Baton Rouge Parish, City of Baker. the intersection with Plank Road. Approximately 2300 feet upstream from *83 +82 the intersection with Plank Road. East Baton Rouge Par- East Baton Rouge Parish ...... None +16 East Baton Rouge Parish. ish. Approximately 2300 feet upstream from None +16 the intersection with Elvin Drive. Unnamed Tributary to Confluence with North Branch Wards None +40 East Baton Rouge Parish. North Branch Wards Creek. Creek (Harelson Lat- eral). Confluence with North Branch Wards None +43 Creek. Upper Cypress Bayou .. Approximately 2800 feet upstream from *80 +81 City of Zachary. the intersection with Heck Young Rd. Approximately 100 feet downstream from *97 +94 the intersection with Rollins Road. Upper White Bayou ...... Confluence with South Canal ...... *81 +82 City of Zachary, East Baton Rouge Parish. Approximately 2700 feet upstream from None +119 Old Scenic Highway. Wards Creek ...... Confluence with Bayou Manchac ...... None +18 East Baton Rouge Parish. Approximately 100 feet upstream from the None +51 intersection with Choctaw Drive. Weiner Creek ...... Confluence with Jones Creek ...... *40 +39 East Baton Rouge Parish. Approximately 1100 feet upstream from None +42 the intersection with Church Entrance Road.

* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Baker Maps are available for inspection at City Hall, 3325 Groom Road, Baker, LA 70714. Send comments to The Honorale Harold Rideau, Mayor, City of Baker, P.O. Box 707, Baker, LA 70714. City of Zachary Maps are available for inspection at City Hall, 4650 Main Street, Zachary, LA 70791. Send comments to The Honorable Charlene Smith, Mayor, City of Zachary, P.O. Box 310, Zachary, LA 70791. East Baton Rouge Parish Maps are available for inspection at 4th Floor Municipal Building, 300 North Blvd, Baton Rouge, LA 70802. Send comments to The Honorable Melvin L. Holden, Mayor-President, P.O. Box 1471, Baton Rouge, LA 70821.

Columbia County, Pennsylvania, and Incorporated Areas

Briar Creek...... Approximately 130 feet downstream of *492 +492 Borough of Briar Creek. U.S. Route 11 (West Front Street). Approximately 2350 feet downstream of *492 +492 U.S. Route 11 (West Front Street). Catawissa Creek ...... Approximately at 1100 feet downstream of *474 +476 Borough of Catawissa. Second Street. Approximately 200 feet upstream of *476 +476 Numidia Drive. Fishing Creek ...... Approximately 2180 feet downstream of *477 +479 Town of Bloomsburg, Township of Covered Bridge No. 56. Montour. Approximately 2800 feet upstream of Red *480 +480 Mill Road. Hemlock Creek...... Approximately 650 feet downstream of *478 +479 Hemlock Township of, Township of Legislative Route 19010 (Perry Avenue). Montour.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Location of referenced # Depth in feet above Flooding source(s) elevation ground. Communities affected Effective Modified

Approximately at 510 feet upstream of *478 +480 Legislative Route 19100 (Perry Avenue). Kinney Run ...... Approximately at 900 feet downstream of *480 +481 Township of Scott. the confluence with Tributary No. 1 to Kinney Run, at Scott Township corporate limit. Approximately at 250 feet upstream of the *482 +481 confluence with Tributary No. 2 to Kinney Run. Roaring Creek ...... Approximately 1320 feet downstream of *468 +470 Township of Franklin. Legislative Route 19011 (Mount Zion Rd.). Approximately 1020 feet upstream of Leg- *468 +470 islative Route 19011 (Mount Zion Rd.). Susquehanna River...... Approximately 3.5 miles downstream of *467 +470 Borough of Berwick, Borough of Briar Rupert Drive. Creek. Approximately 1200 feet upstream of *500 +500 Borough of Catawissa, Town of Route 93. Bloomsburg, Township of Catawissa, Township of Franklin, Township of Main, Township of Mifflin, Township of Montour, Township of Scott, Township of South Centre. Tributary No. 1 to Approximately 240 feet downstream of *476 +476 Borough of Catawissa. Catawissa Creek. State Route 42. Approximately 85 feet downstream of State *476 +476 Route 42. Tributary No. 1 to Approximately 1530 feet downstream of *480 +481 Township of Scott. Kinney Run. U.S. Route 11 (New Berwick Hwy). Approximately 638 feet downstream of *480 +481 U.S. Route 11 (New Berwick Hwy). Tributary No. 10 to Sus- Approximately 450 feet downstream of Old *482 +483 Township of Scott. quehanna River. Berwick Road. Approximately 590 feet upstream of Trac- *484 +483 tor Road. Tributary No. 11 to Sus- Approximately 960 feet downstream of Old *484 +485 Township of South Centre. quehanna River. Berwick Road. Just upstream of Old Berwick Road ...... *484 +485 Tributary No. 12 to Sus- Approximately 1508 feet downstream of *487 +487 Township of South Centre. quehanna River. Legislative Route 19117 (Old Berwick Road). Approximately 1130 feet downstream of *487 +487 Legislative Route 19117 (Old Berwick Road). Tributary No. 13 to Sus- Approximately 980 feet downstream of *488 +489 Township of Mifflin. quehanna. State Road 339. Approximately 600 feet downstream of *488 +489 State Road 339.

* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Borough of Berwick Maps are available for inspection at 344 Market Street, Berwick, PA 18603. Send comments to The Honorable Gary Pinterich, President of Borough Council, 344 Market Street, Berwick, PA 18603. Borough of Briar Creek Maps are available for inspection at 6029 Park Road, Berwick, PA 18603. Send comments to The Honorable Bruce Michael, Rittenhouse Mill Road, Berwick, PA 18603. Borough of Catawissa Maps are available for inspection at 307 Main Street, Catawissa, PA 17820. Send comments to The Honorable George Romania, 195 5th Street, Catawissa, PA 17820. Township of Hemlock Maps are available for inspection at 26 Firehall Road, Bloomsburg, PA 17815. Send comments to Mr. Albert L. Hunsinger, Chairman of Board of Supervisors, 26 Firehall Road, Bloomsburg, PA 17815. Town of Bloomsburg Maps are available for inspection at 301 East Second Street, Bloomsburg, PA 17815.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Location of referenced # Depth in feet above Flooding source(s) elevation ground. Communities affected Effective Modified

Send comments to The Honorable Claude Renninger, Mayor, 301 East Second Street, Bloomsburg, PA 17815. Township of Catawissa Maps are available for inspection at 153 Old Reading Road, Catawissa, PA 17820. Send comments to Mr. James Molick, Chairman of Board of Supervisors, 6 Meadow Road, Catawissa, PA 17820. Township of Franklin Maps are available for inspection at 277 Long Woods Road, Catawissa, PA 17820. Send comments to Mr. Edwin F. Lease, Chairman of Board of Supervisors, 260 Orchard Drive, Catawissa, PA 17820. Township of Main Maps are available for inspection at 345 Church Road, Bloomsburg, PA 17815. Send comments to Mr. Tom Shuman, Supervisor, 345 Church Road, Bloomsburg, PA 17815. Township of Mifflin Maps are available for inspection at P.O. Box 359, Mifflinville, PA 18631. Send comments to Mr. Ricky Lee Brown, Chairman Of Board of Supervisors, P.O. Box 359, Mifflinville, PA 18631. Township of Montour Maps are available for inspection at 195 Rupert Drive, Bloomsburg, PA 17815. Send comments to Mr. Elmer F. Folk, Chairman of Board of Supervisors, 195 Rupert Drive, Bloomsburg, PA 17815.

Union County, Pennsylvania, and Incorporated Areas

Buffalo Creek ...... Approximately at Mill Road ...... *462 +461 Township of Kelly. Approximately 1950 feet downstream of *463 +462 Strawbridge Road.

* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Township of Kelly Maps are available for inspection at 551 Zeigler Rd, Lewisburg, PA 17837. Send comments to Mr. David S. Hassenplug, Chairman of Board of Supervisors, 551 Zeigler Rd, Lewisburg, PA 17837.

Blount County, Tennessee and Incorporated Areas

Brown Creek ...... At confluence with Pistol Creek ...... None +880 City of Maryville. At Grandview Dr ...... None +961 Cross Creek ...... At confluence with Pistol Creek ...... None +956 City of Maryville. At Oxford Hills Dr ...... None +1002 Culton Creek ...... At confluence with Pistol Creek ...... None +848 City of Alcoa, Blount County (Unincor- porated Areas), City of Maryville. At Middlesettlements Rd ...... None +858 Duncan Branch ...... At U.S. 129 bypass ...... None +906 City of Maryville. At confluence with Brown Creek ...... None +929 Laurel Bank Branch ...... At Middlesettlements Rd ...... None +856 Blount County (Unincorporated Areas), City of Maryville. At Big Springs Rd ...... None +871 Little River ...... At Wildwood Bridge ...... None +859 Blount County (Unincorporated Areas), City of Townsend. At Webb Road ...... None +1045 Pistol Creek ...... At Carpenter’s Grade Rd ...... None +957 City of Alcoa. At Campground Bridge/Davey Crockett None +1112 Drive. Russell Branch ...... At Confluence with Little River ...... None +826 City of Rockford. At Wright Rd ...... None +911 Springfield Branch ...... At Eagleton Rd ...... None +846 City of Maryville. At Old Knoxville Pike ...... None +869 Unnamed Tributary to At confluence with Brown Creek ...... None +919 City of Maryville. Brown Creek. At Amerine Rd ...... None +1002 Unnamed Tributary to At confluence with Laurel Bank Branch ..... None +871 Blount County (Unincorporated Areas), Laurel Bank Branch. City of Maryville. At U.S. Hwy 129 ...... None +1008 Unnamed Tributary To At confluence with Springfield Branch ...... None +842 City of Maryville. Springfield Branch. At Harding St ...... None +859

* National Geodetic Vertical Datum.

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* Elevation in feet (NGVD) + Elevation in feet (NAVD) Location of referenced # Depth in feet above Flooding source(s) elevation ground. Communities affected Effective Modified

# Depth in feet above ground. + North American Vertical Datum. ADDRESSES Unincorporated Areas of Blount County Maps are available for inspection at: Blount County Zoning Department, 1006 East Lamar Alexander Parkway, Maryville, Tennessee 37804. Send comments to the Honorable Beverly Woodruff, Mayor, Blount County, 341 Court Street, Maryville, TN 37804. City of Alcoa Maps are available for inspection at: City of Alcoa Planning And Codes Department, 223 Associate Blvd., Alcoa, Tennessee 37701. Send comments to the Honorable Donald Mull, Mayor, City of Alcoa, 223 Associate Blvd., Alcoa, TN 37014. City of Maryville Maps are available for inspection at: City of Maryville Engineering Department, 416 West Broadway Avenue, Maryville, Tennessee 37801. Send comments to the Honorable Joe Sawnn, Mayor, City of Maryville, 416 West Broadway Avenue, Maryville, TN 37932. City of Rockford Maps are available for inspection at: Rockford Town Hall, 3719 Little River Road, Rockford, Tennessee 37853. Send comments to the Honorable Steve Simon, Mayor, City of Rockford, 3719 Little River Road, Rockford, TN 37853. City of Townsend Maps are available for inspection at: Townsend City Hall, 133 Tiger Drive, Townsend, Tennessee 37882. Send comments to the Honorable Kenneth Myers, Mayor, City of Townsend, 133 Tiger Drive, Townsend, TN 37882.

McMinn County, Tennessee and Incorporated Areas

Guthrie Creek ...... At confluence with North Mouse Creek ...... None +822 McMinn County (Unincorporated Areas). At County Highway 172 ...... None +822 Forest Branch ...... At North Jackson Street ...... None +952 City of Athens. At North Avenue ...... None +962

* National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Unincorporated Areas of McMinn County, Tennessee Maps are available for inspection at: McMinn County Mayor’s Office, 6 East Madison Avenue, Athens, Tennessee 37303. Send comments to: The Honorable John Gentry, Mayor, McMinn County, 6 West Mason Avenue, Athens, Tennessee 37303. City of Athens Maps are available for inspection at: City of Athens GIS Department, 815 North Jackson Street, Athens, Tennessee 37371 Send comments to the Honorable John Proffitt, Mayor, City of Athens, 815 North Jackson Street, Athens, Tennessee 37371.

Unincorporated Areas of Baltimore County, Maryland

Dead Run...... Approximately 180 feet upstream of +336 +337 Baltimore County (Unincorporated Areas). Gwynn Oak Avenue. Approximately 726 feet upstream of Dog- None +427 wood Road. Tributary No. 1 to Dead At the confluence with Dead Run ...... +351 +356 Baltimore County (Unincorporated Areas). Run. Approximately 500 feet upstream of I–695 None +395 Tributary No. 3 to Dead At the confluence with Dead Run ...... +386 +388 Baltimore County (Unincorporated Areas). Run. Approximately 400 feet upstream of Kenni- None +410 cott Road.

* National Geodetic Vertical Datum. # Depth in feet above ground. +North American Vertical Datum. ADDRESSES Baltimore County (Unincorporated Areas) Maps are available for inspection at the Baltimore County Office Building, 111 West Chesapeake Avenue, Room 307, Towson, Maryland. Send comments to Mr. James T. Smith, Jr., Baltimore County Executive, 400 West Washington Avenue, Towson, Maryland 21204.

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(Catalog of Federal Domestic Assistance No. • Mail: General Services of Energy. Begun in 1992, Energy Star’s 83.100, ‘‘Flood Insurance.’’) Administration, Regulatory Secretariat original focus was office equipment, but Dated: November 30, 2006. (VIR), 1800 F Street, NW, Room 4035, has been expanded to include many David I. Maurstad, ATTN: Laurieann Duarte, Washington, other consumer products as well as DC 20405. business products. Over the past Director, Mitigation Division, Federal  Emergency Management Agency, Department Instructions: Please submit comments decade, ENERGY STAR has been a of Homeland Security. only and cite FAR case 2006–008 in all driving force behind the more [FR Doc. E6–20790 Filed 12–6–06; 8:45 am] correspondence related to this case. All widespread use of such technological BILLING CODE 9110–12–P comments received will be posted innovations as LED traffic lights, without change to http:// compact fluorescent lighting, power www.regulations.gov, including any management systems for office personal and/or business confidential equipment and consumer electronics, DEPARTMENT OF DEFENSE information provided. and low standby energy use. The  GENERAL SERVICES FOR FURTHER INFORMATION CONTACT For ENERGY STAR program allows ADMINISTRATION clarification of content, contact Mr. manufacturers of products with superior William Clark, Procurement Analyst, at energy efficiency that meet or exceed NATIONAL AERONAUTICS AND (202) 219–1813. For information specified criteria to use the ENERGY  SPACE ADMINISTRATION pertaining to status or publication STAR logo on their products to assist schedules, contact the FAR Secretariat consumers in selecting the energy 48 CFR Parts 23, 36, and 52 at (202) 501–4755. The TTY Federal efficient products. It has been so Relay Number for further information is successful that, in 2005, it saved U.S. [FAR Case 2006–008; Docket 2006–0020; 1–800–877–8973. Please cite FAR case consumers, businesses, and Government Sequence 12] 2006–008. agencies enough energy to avoid greenhouse gas emissions equivalent to RIN 9000–AK63 SUPPLEMENTARY INFORMATION: those from 23 million cars while saving Federal Acquisition Regulation; FAR A. Background $12 billion on utility bills. Case 2006–008, Implementation of The Government’s policy is to acquire FEMP was designed to reduce energy Section 104 of the Energy Policy Act of supplies and services that promote consumption in Federal buildings. The 2005 energy and water efficiency, advance program began in 1993 to assist Federal the use of renewable energy products, purchasers in specifying and acquiring AGENCIES: Department of Defense (DOD), and help foster markets for emerging energy efficient products in direct General Services Administration (GSA), technologies. This policy extends to all acquisitions, as part of capital projects, and National Aeronautics and Space acquisitions, including those below the and as products supplied through Administration (NASA). simplified acquisition threshold, and service contracts. FEMP publishes ACTION: Proposed rule. those for the design, construction, Energy Efficient Purchasing renovation, or maintenance of a facility. specifications that identify the energy SUMMARY: The Civilian Agency The purpose of this rule is to ensure efficiency requirements. Energy Acquisition Council and the Defense compliance with the Federal mandate to efficiency in the FEMP program is Acquisition Regulations Council promote energy efficiency when targeted to those products in the top (Councils) are proposing to amend the specifying or acquiring energy- 25% of energy efficiency in their class Federal Acquisition Regulation (FAR) to consuming products. This mandate as well as products with low standby address implementation of Section 104 stems from Section 104 of the Energy power. FEMP has many other user aids of the Energy Policy Act of 2005. Policy Act of 2005. Section 104 requires for acquiring efficient energy consuming DATES: Interested parties should submit that all acquisitions of energy products at their website. written comments to the FAR consuming-products and all contracts When acquiring energy-using Secretariat on or before February 5, 2007 for energy-consuming products require products, FAR 23.203 currently requires to be considered in the formulation of acquisition of ENERGY STAR or the purchase of ENERGY STAR or a final rule. Federal Energy Management Program other energy-efficient items listed on the ADDRESSES: Submit comments (FEMP) designated products. FEMP Product Energy Efficiency identified by FAR case 2006–008 by any As the world’s largest volume-buyer Recommendations list. Furthermore, of the following methods: of energy consuming products, the FAR 23.203(a)(2) requires that when • Federal eRulemaking Portal:http:// Federal Government can reduce energy contracting for services that will include www.regulations.gov. Search for any consumption and achieve enormous the provision of energy-using products, document by first selecting the proper cost savings by purchasing energy- including contracts for design, document types and selecting ‘‘Federal efficient products. ENERGY STAR and construction, renovation, or Acquisition Regulation’’ as the agency FEMP are two Federal programs maintenance of a public building, the of choice. At the ‘‘Keyword’’ prompt, concerned with energy efficient specifications shall incorporate type in the FAR case number (for products for Federal purchase. The ENERGY STAR and FEMP energy- example, FAR Case 2006–008) and click ENERGY STAR and FEMP websites efficient products. While these on the ‘‘Submit’’ button. You may also (http://www.energystar.gov/products requirements are stated at FAR 23.2, search for any document by clicking on and http://www.eere.energy.gov/femp/ they are often overlooked in services the ‘‘Advanced search/document procurement/eep_requirements.cfm, and construction contracts because search’’ tab at the top of the screen, respectively) assist Federal purchasers there is no clause to implement the selecting from the agency field ‘‘Federal and contractors to identify these types requirements. Therefore, this proposed Acquisition Regulation’’, and typing the of highly efficient products. rule provides for a clause to be inserted FAR case number in the keyword field. The ENERGY STAR program is in solicitations and contracts to ensure Select the ‘‘Submit’’ button. jointly sponsored by the Environmental that suppliers and service and • Fax: 202–501–4067. Protection Agency and the Department construction contractors recognize when

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energy-consuming products must be performance. Assistance (including The added and revised text reads as ENERGY STAR or FEMP-designated. product listings and recommendations) follows: The proposed rule— is available to all firms at the ENERGY (1) Defines ‘‘FEMP-designated STAR and FEMP websites, http:// 23.201 Definitions. product,’’ as used in FAR Subpart 23.2, www.energystar.gov/products and As used in this subpart— as a product that is designated under the http://www.eere.energy.gov/femp/ FEMP-designated product means a Federal Energy Management Program of procurement/eep_requirements.cfm, product that is designated under the the Department of Energy as being respectively. Options to comply with Federal Energy Management Program of among the highest 25 percent of the requirements of the rule can be as the Department of Energy as being equivalent products for energy simple as purchasing ENERGY STAR among the highest 25 percent of efficiency (42 U.S.C. 8259b); or FEMP-designated products when equivalent products for energy (2) Provides that the term ‘‘product,’’ performing service and construction efficiency (42 U.S.C. 8259b). as used in the subpart, does not include contracts. An Initial Regulatory Product does not include any energy- any energy consuming product or Flexibility Analysis has, therefore, not consuming product or system designed system designed or procured for combat been performed. We invite comments or procured for combat or combat- or combat-related missions (42 U.S.C. from small businesses and other related missions (42 U.S.C. 8259b). 8259b); interested parties. The Councils will * * * * * (3) Consistent with the Energy Policy consider comments from small entities 23.204 Energy-efficient products. Act of 2005, provides for use of the concerning the affected FAR Parts 23, terms ‘‘energy-consuming’’ and ‘‘FEMP- 36, and 52 in accordance with 5 U.S.C. (a) Unless exempt as provided at designated product’’ vice ‘‘energy- 610. Interested parties must submit such 23.205— using’’ and ‘‘FEMP Product Energy (1) When acquiring energy-consuming comments separately and should cite 5  Efficiency Recommendations product U.S.C. 601, et seq. (FAR case 20006– products listed in the ENERGY STAR list’’, respectively; 008), in correspondence. Program or Federal Energy Management (4) Transfers the responsibility for Program (FEMP)— imposing the requirement for ENERGY C. Paperwork Reduction Act (i) Agencies shall purchase ENERGY   STAR or FEMP-designated products The Paperwork Reduction Act does STAR or FEMP-designated products; from contract specifications to a not apply because the proposed changes and contract clause; to the FAR do not impose information (ii) For products that consume power (5) Provides two exemptions for collection requirements that require the in a standby mode and are listed on  acquiring ENERGY STAR or FEMP- approval of the Office of Management FEMP’s Low Standby Power Devices designated products; and and Budget under 44 U.S.C. 3501, et product listing, agencies shall— (6) Prescribes a contract clause to be seq. (A) Purchase items which meet used in all solicitations and contracts FEMP’s standby power wattage when energy-consuming products will List of Subjects in 48 CFR Parts 23, 36, recommendation or document the be— and 52 reason for not purchasing such items; or (a) Delivered by the contractor; Government procurement. (B) If FEMP has listed a product (b) Furnished by the contractor in the without a corresponding wattage performance of services at a Federally- Dated: November 27, 2006. recommendation, purchase items which controlled facility; or Ralph De Stefano, use no more than one watt in their (c) Specified in the design, Director, Contract Policy Division. standby power consuming mode. When construction, renovation, or Therefore, DOD, GSA, and NASA it is impracticable to meet the one watt maintenance of a facility. propose amending 48 CFR parts 23, 36, requirement, agencies shall purchase This is not a significant regulatory and 52 as set forth below: items with the lowest standby wattage action and, therefore, was not subject to 1. The authority citation for 48 CFR practicable; and review under Section 6(b) of Executive parts 23, 36, and 52 continues to read (2) When contracting for services or Order 12866, Regulatory Planning and as follows: construction that will include the Review, dated September 30, 1993. This Authority: 40 U.S.C. 121(c); 10 U.S.C. provision of energy-consuming rule is not a major rule under 5 U.S.C. chapter 137; and 42 U.S.C. 2473(c). products, agencies shall specify 804. products that comply with the PART 23—ENVIRONMENT, ENERGY B. Regulatory Flexibility Act applicable requirements in paragraph AND WATER EFFICIENCY, (a)(1) of this section. The Councils do not expect this RENEWABLE ENERGY (b) Information is available via the proposed rule to have a significant TECHNOLOGIES, OCCUPATIONAL Internet about— economic impact on a substantial SAFETY, AND DRUG-FREE (1) ENERGY STAR at http:// number of small entities within the WORKPLACE www.energystar.gov/products; and (2) meaning of the Regulatory Flexibility FEMP at http://www.eere.energy.gov/ Act, 5 U.S.C. 601, et seq., because it 2. Amend Subpart 23.2 by— femp/ procurement/ only emphasizes existing requirements. a. Redesignating sections 23.201, eep_requirements.cfm. Whereas the Councils recognize that the 23.202, 23.203, and 23.204 as 23.202, rule may affect small entities performing 23.203, 23.204, and 23.206, respectively; 23.205 Procurement exemptions. contracts for those agencies that have b. Adding a new sections 23.201, An agency is not required to procure not fully implemented the program in 23.205, and 23.207; an ENERGY STAR or FEMP- service and construction contracts, the c. Removing from paragraph (b) of the designated product if the head of the number of entities affected, and the newly designated section 23.202 agency determines in writing that— extent to which they will be affected, is ‘‘8253,’’ and adding ‘‘8253, 8259b,’’ in (a) No ENERGY STAR or FEMP- not expected to be significant. The rule its place; designated product is reasonably may affect the types of products these d. Revising the newly designated available that meets the functional businesses use during contract section 23.204. requirements of the agency; or

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(b) No ENERGY STAR or FEMP- (b)(1)(ix) through (b)(1)(xii), (1) ENERGYSTAR at http:// designated product is cost effective over respectively; and adding a new www.energystar.gov/products; and the life of the product taking energy cost paragraph (b)(1)(viii) to read as follows: (2) FEMP at http:// savings into account. Such www.eere.energy.gov/femp/ 52.213–4 Terms and Conditions— _ determinations should be rare as such Simplified Acquisitions (Other Than procurement/eep requirements.cfm. products are normally life cycle cost Commercial Items). (End of clause) effective. * * * * * [FR Doc. 06–9523 Filed 12–6–06; 8:45 am] * * * * * BILLING CODE 6820–EP–S TERMS AND CONDITIONS—SIMPLIFIED 23.207 Contract clause. ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (DATE) Unless exempt pursuant to 23.205, * * * * * AGENCY FOR INTERNATIONAL insert the clause at 52.223–XX, Energy DEVELOPMENT Efficiency in Energy-Consuming (b) * * * (1) * * * Products, in solicitations and contracts (viii) 52.223–XX, Energy Efficiency in 48 CFR Part 719 when energy-consuming products listed Energy-Consuming Products (Date) (42 in the ENERGY STAR Program or RIN 0412–AA58 U.S.C. 8259b). Unless exempt pursuant ´ ´ FEMP will be— to 23.205, applies to contracts when (a) Delivered by the contractor; Mentor-Protege Program energy-consuming products listed in the (b) Furnished by the contractor in the ENERGY STAR Program or FEMP will AGENCY: U.S. Agency for International performance of services at a Federally- be— Development (USAID). controlled facility; or (A) Delivered by the Contractor; ACTION: Proposed rulemaking; (c) Specified in the design, (B) Furnished by the Contractor in the correction. construction, renovation, or performance of services at a Federally- maintenance of a facility. controlled facility; or SUMMARY: The United States Agency for (C) Specified in the design, International Development (USAID) is PART 36—CONSTRUCTION AND construction, renovation, or correcting the date for receiving public ARCHITECT-ENGINEER CONTRACTS maintenance of a facility. comments on the proposed rule 3. Amend section 36.601–3 by * * * * * published on November 22, 2006 in Vol. redesignating paragraph (a) as paragraph 6. Add section 52.223–XX to read as 71, No. 225, pp. 67518–67523. The date (a)(1) and adding a new paragraph (a)(2) follows: printed was December 8, 2006 but to read as follows: should read February 22, 2007. 52.223–XX Energy Efficiency in Energy- DATES: Written comments on the 36.601–3 Applicable contracting Consuming Products. proposed rulemaking at 71 FR 67518 procedures. As prescribed in 23.207, insert the must be received on or before February following clause: (a)(1) * * * 22, 2007. (2) Facility design solicitations and ENERGY EFFICIENCY IN ENERGY- contracts that include the specification CONSUMING PRODUCTS (DATE) FOR FURTHER INFORMATION CONTACT: If further questions remain please contact of energy-consuming products must (a) Definition. As used in this clause, Rockfeler P. Herisse, Ph.D. on 202–712– comply with the requirements at FEMP-designated product means a 0064 or [email protected]. Subpart 23.2. product that is designated under the * * * * * Federal Energy Management Program Dated: December 1, 2006. (FEMP) of the Department of Energy as Marilyn Marton, PART 52—SOLICITATION PROVISIONS being among the highest 25 percent of Director, Office of Small and Disadvantaged AND CONTRACT CLAUSES equivalent products for energy Business Utilization (OSDBU). efficiency. 4. Amend section 52.212–5 by [FR Doc. E6–20782 Filed 12–6–06; 8:45 am] (b) The Contractor shall ensure that revising the date of the clause; BILLING CODE 6116–01–P energy-consuming products are redesignating paragraphs (b)(23) through ENERGY STAR products, or FEMP- (b)(35) as (b)(24) through (b)(36), designated products, for products that respectively; and adding a new DEPARTMENT OF COMMERCE are— paragraph (b)(23) to read as follows: (1) Delivered; National Oceanic and Atmospheric 52.212–5 Contract Terms and Conditions (2) Furnished by the Contractor in Administration Required to Implement Statutes or performing services at a Federally- Executive Orders—Commercial Items. controlled facility; 50 CFR Part 660 * * * * * (3) Specified in architect-engineer designs, plans and specifications; or [Docket No. 061113298–6298–01; I.D. CONTRACT TERMS AND CONDITIONS (4) Provided as an article, material, or 110106A] REQUIRED TO IMPLEMENT STATUTES OR supply brought to the construction site EXECUTIVE ORDERS—COMMERCIAL RIN 0648–AU91 ITEMS (DATE) for incorporation into the building or work. * * * * * Fisheries Off West Coast States; (c) The requirements of paragraph (b) Highly Migratory Species Fisheries (b) * * * apply unless— l (23) 52.223–XX, Energy Efficiency (1) The energy-consuming product is AGENCY: National Marine Fisheries in Energy-Consuming Products (Date). not listed in the ENERGYSTAR Service (NMFS), National Oceanic and * * * * * Program or FEMP; or Atmospheric Administration (NOAA), 5. Amend section 52.213–4 by (2) Otherwise approved in writing by Commerce. revising the date of the clause; the Contracting Officer. ACTION: Proposed rule; request for redesignating paragraphs (b)(1)(viii) (d) Information about these products comments. through (b)(1)(xi) as paragraphs is available for—

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SUMMARY: NMFS proposes to revise the Background NMFS anticipates that the system method for renewing and replacing NMFS requires a permit for all presented in this proposed rule should permits issued under the Fishery commercial vessels and all recreational result in delivery of permits to vessel Management Plan(FMP) for U.S. West charter vessels that fish for HMS in the operators in a more efficient manner. Coast Fisheries for Highly Migratory U.S. exclusive economic zone (EEZ) off This proposed rule does not require any Species (HMS). Permits are required for the States of California, Oregon, and new information to be provided by the all commercial vessels and all Washington, or land or transship HMS applicant. A Southwest Region Pacific recreational charter vessels participating shoreward of the outer boundary of the HMS Vessel Permit Application form in HMS fisheries managed under the U.S. EEZ off the States of California, may still be obtained from the SFD (see FMP. NMFS proposes to modify the Oregon, and Washington. The purpose ADDRESSES) or downloaded from the renewal process by substituting the of the HMS permit is to identify vessels Southwest Region home page (http:// month corresponding to the vessel in the HMS fisheries so that NMFS swr.nmfs.noaa.gov/permits.htm) to identification number with the last day knows those participants who need to apply for a permit under this section. A of the vessel owner’s birth month as the be contacted when management completed application is one that renewal date. NMFS also proposes to information is required and who to contains all the required information require that vessel owners who want a notify when potential management and signatures. duplicate permit submit a completed actions affecting the fisheries are being Replacement Permits application form to NMFS. These considered. Replacement permits are issued by proposed regulations are needed to The requirement for a permit was NMFS to vessel owners to replace lost improve the efficiency and timeliness of established by final rule implementing or mutilated permits. Vessel owners the permit system. the approved portions of the FMP for with a lost or mutilated permit DATES: Comments must be received by HMS published on April 7, 2004 (69 FR primarily notify NMFS by telephone 5 p.m. Pacific Standard Time January 8, 18444). These permits were initially when requesting a replacement permit. 2006. issued in 2005 after publishing a NMFS has never established a formal ADDRESSES: You may submit comments Federal Register notice on February 10, process to provide replacement permits, on this proposed rule identified by [I. D. 2005 (70 FR 7022), that announced but the number of requests for 110106A] by any of the following approval by the Office of Management replacements over the past year make it methods: and Budget of the collection-of- clear that such a process is required. • E-mail: 0648–[email protected]. information components of the permit NMFS proposes that vessel owners Include [I.D. 110106A] in the subject system. line of the message. requiring a replacement permit submit a • Federal eRulemaking Portal: http:// Permit Renewal new completed application form to ADDRESSES www.regulations.gov. Follow the Permits are issued to the managing NMFS by mail or fax (see ). instructions for submitting comments. owner of a specific vessel for a 2–year Classification • Fax: 562–980–4047, Attn. Mark term. The initial issuance of HMS This proposed rule revises procedures Helvey. permits began in 2005 and these permits • for renewing and replacing permits Mail to: Rodney R. McInnis, will expire beginning in 2007. NMFS Regional Administrator, Southwest issued under regulations implementing initially developed a permit term the HMS FMP published in 69 FR 18444 Region, NMFS, 501 West Ocean renewal process intentionally staggered Boulevard, Suite 4200, Long Beach, CA on April 7, 2004. The Regional so that there will be less likelihood of Administrator, NMFS Southwest 90802. an excessive number of renewals at any • Written comments regarding the Region, determined that this proposed one time of the year. NMFS used the last rule is consistent with the Magnuson- burden-hour estimates or other aspects day of the month designated by the last of the collection-of-information Stevens Fishery Conservation and digit of the vessel identification number Management Act, codified at 16 U.S.C. requirements contained in this proposed as determining the renewal date for rule may be submitted to Mark Helvey, 1801 et seq. expiring permits (e.g., if the vessel This proposed rule has been Sustainable Fisheries Division (SFD) identification number ends in 3, the Southwest Region, NMFS, 501 West determined to be not significant for the renewal date is March 31, 2 years later). purposes of Executive Order (E.O.) Ocean Boulevard, Suite 4200, Long This procedure extends the renewal Beach, CA 90802 and by e-mail to 12866. process over a 10–month term: January The Chief Counsel for Regulation of [email protected], or fax to through October. the Department of Commerce certified (202) 395–7285. Based on the high number of permits to the Chief Counsel for Advocacy of the FOR FURTHER INFORMATION CONTACT: in effect, NMFS proposes to modify this Small Business Administration that this Mark Helvey, NMFS, Southwest Region, process by using the last day of the proposed rule, if adopted, would not SFD, (562) 980–4040. managing vessel owner’s birth month as have a significant economic impact on SUPPLEMENTARY INFORMATION: These the renewal date. The managing vessel a substantial number of small entities as proposed regulations would modify the owner’s date of birth is required in the follows: process NMFS uses to renew and Pacific HMS Vessel Permit Application Based on the high number of permits in replace permits in the U. S. West Coast and is currently contained in the Pacific effect, NMFS proposes to modify this process HMS fisheries managed under the HMS HMS Vessel Permit database. NMFS by using the last day of the managing vessel FMP. The FMP was prepared by the believes that staggering the renewal owner’s birth month as the renewal date. The Pacific Fishery Management Council process over 12 months rather than 10 managing vessel owner’s date of birth is and was implemented through months will improve the efficiency of required in the Pacific HMS Vessel Permit Application (application) and is currently regulations at 50 CFR part 660 under the permit renewal process. This first contained in the Pacific HMS Vessel Permit authority of the Magnuson-Stevens renewal date under the new system database. Staggering renewals over 12 Fishery Conservation and Management would be the last day of the vessel months rather than 10 months is expected to Act (Magnuson-Stevens Act), 16 U.S.C. owner’s birthday month in the second maximize the efficiency of the permit 1801 et seq. calender year after the permit is issued. renewal process. This proposed rule does not

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require any new information to be provided burden for preparing a HMS Vessel replacement permit is not considered a by the applicant or impose any substantive Permit Application is estimated to new application. costs. average 0.42 hours per vessel, including * * * * * Replacement permits are issued by NMFS the time for reviewing instructions, to vessel owners to replace lost or mutilated [FR Doc. E6–20721 Filed 12–6–06; 8:45 am] permits. Vessel owners with a lost or searching existing data sources, BILLING CODE 3510–22–S mutilated permit primarily notify NMFS by gathering and maintaining the data telephone when requesting a replacement needed, and completing and reviewing permit. NMFS has never established a formal the collection of information. Send DEPARTMENT OF COMMERCE process to provide replacement permits, but comments regarding this burden the number of requests for replacements over estimate, or any other aspect of this data National Oceanic and Atmospheric the past year (approximately 50) make it clear collection, including suggestions for Administration that such a process is required. NMFS reducing the burden, to NMFS (see proposes that vessel owners requiring a 50 CFR Part 660 replacement permit submit a completed ADDRESSEES) and by e-mail to application form to NMFS by mail or fax. The [email protected], or fax to [Docket No 061127309–6309–01; I.D. estimated reporting burden to prepare the (202) 395–7285. 110706D] single page, application averages 0.42 hours Notwithstanding any other provision RIN 0648–AU72 per vessel, including the time for reviewing of the law, no person is required to instructions, searching existing data sources, gathering and maintaining the data needed, respond to, nor shall any person be Fisheries Off West Coast States; and completing and reviewing the collection subject to a penalty for failure to comply Coastal Pelagic Species Fisheries; of information NMFS recognizes that the with, a collection of information subject Reporting Requirements and duration of time between the initial to the requirements of the PRA, unless Conservation Measures application and completing a second one to that collection of information displays a obtain a replacement permit dictates the currently valid OMB Control Number. AGENCY: National Marine Fisheries reporting burden and certainly the longer the Service (NMFS), National Oceanic and time span between the two, the closer the List of Subjects in 50 CFR Part 660 Atmospheric Administration (NOAA), applicant would come to the 0.42 hour Commerce. Administrative practice and estimate. NMFS has also estimated that of the ACTION: Proposed rule. 1800 permits issued since April, 2005, procedure, Permits. approximately 50 were replaced in 2006 Dated: November 30, 2006. SUMMARY: NMFS proposes a regulation creating an annualized burden of 21 hours. Samuel D. Rauch III, to implement new reporting and The permits are currently free and the only conservation measures under the cost (other than time) would be that of Deputy Assistant Administrator for Coastal Pelagic Species (CPS) Fishery submitting the application (e.g., up to 39 Regulatory Programs, National Marine cents postage). Fisheries Service. Management Plan (FMP). These The revised method for renewing permits reporting requirements and prohibitive will not place any new or additional burdens For the reasons set out in the measures would require coastal pelagic on HMS vessel owners. For replacing preamble, NMFS proposes to amend 50 species (CPS) fishermen/vessel permits, HMS vessel owners will need to take CFR part 660 as follows: operators to employ avoidance measures the time to complete a second application when southern sea otters are present in form and mail or fax it to NMFS. NMFS also PART 660—FISHERIES OFF WEST the area they are fishing and to report does not anticipate a drop in profitability COAST STATES any interactions that may occur between based on this rule, as it should not have an affect on a vessel owner’s ability to harvest their vessel and/or fishing gear and sea 1. The authority citation for part 660 otters. The purpose of this proposed HMS. Therefore, the proposed action, if continues to read as follows: implemented, will not have a significant rule is to comply with the terms and impact on a substantial number of small Authority: 16 U.S.C. 1801 et seq. conditions of an incidental take entities. 2. In § 660.707, paragraphs (b)(4) and statement from a biological opinion A fishing vessel is considered a ‘‘small’’ (b)(5)are revised to read as follows: issued by the U.S. Fish and Wildlife business by the U.S. Small Business Service regarding the implementation of Administration (SBA) if its annual receipts § 660.707 Permits. Amendment 11 to the CPS FMP. not in excess of $3.5 million. Since all of the vessels fishing for West Coast HMS have (b) * * * DATES: Comments must be received by annual receipts below $3.5 million they January 8, 2007. (4) Permits issued under this subpart would all be considered small businesses ADDRESSES: You may submit comments will remain valid until the first date of under the SBA standards. Therefore this rule on this proposed rule, identified by renewal, and permits may be will not create disproportionate costs [insert ID] by any of the following subsequently be renewed for 2–year between small and large vessels/businesses. methods: Based on the analysis above, the terms. The first date of renewal will be • E-mail: 0648–[email protected] Department of Commerce has determined the last day of the owner’s birth month Include the I.D. number in the subject that there will not be a significant economic in the second calendar year after the impact to a substantial number of these small line of the message. permit is issued (e.g., if the birth month • Federal e-Rulemaking portal: http:// entities. Therefore, NMFS did not prepare an is March and the permit is issued on Initial Regulatory Flexibility Analysis. www.regulations.gov. Follow the As a result, a regulatory flexibility October 3, 2007, the permit will remain instructions for submitting comments. analysis is not required and none has valid through March 31, 2009). • Mail: Rodney R. McInnis, Regional been prepared. (5) Replacement permits may be Administrator, Southwest Region, This proposed rule for permit issued without charge to replace lost or NMFS, 501 West Ocean Blvd., Suite renewals references a collection-of- mutilated permits. Replacement permits 4200, Long Beach, CA 90802–4213. information requirement subject to the may be obtained by submitting to the • Fax: (562) 980–4047. Paperwork Reduction Act (PRA) that SFD c/o the Regional Administrator a • Written comments regarding the was approved by OMB under control complete, signed vessel permit burden-hour estimates or other aspects number 0648–0204. Public reporting application. An application for a of the collection-of-information

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requirements contained in this proposed 2. If a southern sea otter is entangled collection of information to NMFS rule may be submitted to the Southwest in a net, regardless of whether the Southwest Region at the ADDRESSES Regional Office and by e-mail to animal is injured or killed, such an above, and e-mail to [email protected] or fax to occurrence must be reported within 24 [email protected] or fax to (202) 395–7285 hours to the Regional Administrator, (202) 395–7285. Copies of Amendment 11 and its NMFS Southwest Region. Notwithstanding any other provision Environmental Assessment/ Regulatory 3. While fishing for CPS, vessel of the law, no person is required to Impact Review may be obtained from operators must record all observations respond to, nor shall any person be the Southwest Regional Office (see of otter interactions (defined as otters subject to a penalty for failure to comply ADDRESSES). within encircled nets or coming into with, a collection of information subject contact with nets or vessels, including to the requirements of the PRA, unless FOR FURTHER INFORMATION CONTACT: but not limited to entanglement) with Joshua B. Lindsay, Southwest Region, that collection of information displays a their purse seine net(s) or vessel(s). currently valid OMB Control Number. NMFS, (562) 980–4034. With the exception of an entaglement, These proposed specifications are SUPPLEMENTARY INFORMATION: which will be initially reported as This issued under the authority of, and described in ι2 above, all other action proposes to implement new NMFS has preliminarily determined observations must be reported within 20 reporting requirements and that it is in accordance with, the conservation measures under the days to the Regional Administrator. When contacting NMFS after an Magnuson-Stevens Fishery Coastal Pelagic Species (CPS) Fishery Conservation and Management Act, the Management Plan (FMP). The purpose interaction, fishermen would be required to provide information FMP, and the regulations implementing of the proposed rule is to comply with the FMP. the terms and conditions set forth in the regarding the location (latitude and incidental take statement section of a longitude) of the interaction and a This proposed rule has been biological opinion issued by the U.S. description of the interaction itself. If determined to be not significant for Fish and Wildlife Service (USFWS) available, location information should purposes of Executive Order 12866. regarding the implementation of also include: Water depth, distance from The Chief Counsel for Regulation of Amendment 11 and to provide further shore, and relation to port or other the Department of Commerce certified conservation efforts for the threatened landmarks. Descriptive information of to the Chief Counsel for Advocacy of the southern sea otter. These reporting the interaction should include: whether Small Business Administration that this requirements and conservation or not the otters were seen inside or proposed rule, if adopted, would not measures would require all coastal outside the net, if inside the net, had the have a significant economic impact on pelagic species (CPS) fishermen and net been completely encircled, did a substantial number of small entities as vessel operators to employ avoidance contact occur with net or vessel, the follows: measures when sea otters are present in number of otters present, duration of A fishing vessel is considered a ‘‘small’’ the fishing area and to report any interaction, otter’s behavior during business by the U.S. Small Business Administration (SBA) if its annual receipts interactions that may occur between interaction, and measures taken to avoid interaction. are not in excess of $3.5 million. Since all of their vessel and/or fishing gear and the the vessels fishing for CPS have annual otters. Classification receipts below $3.5 million they would all be In accordance with the regulations This proposed rule contains a considered small businesses under the SBA implementing the Endangered Species collection-of-information requirement standards. Therefore this rule will not create Act (ESA), the National Marine disproportionate costs between small and subject to review and approval by OMB large vessels/businesses. Fisheries Service (NMFS) initiated an under the Paperwork Reduction Act ESA section 7 consultation with USFWS Otter interactions as described in this (PRA). This requirement has been proposed rule are extremely rare; therefore regarding the possible effects of submitted to OMB for approval. Public the burden to small businesses as a result of implementing Amendment 11 to the reporting burden for this otter these new regulations is expected to be CPS FMP. The purpose of the interaction requirement is estimated to minimal. The only expected cost to the Amendment was to achieve optimal average 10 minutes per individual per respondents will be the cost associated with utilization of the resource and equitable response, including the time for contacting NMFS, which may be made allocation of Pacific sardine harvest reviewing instructions, searching through mail, phone, fax, or email. NMFS opportunity. On June 16, 2006, USFWS also does not anticipate a drop in existing data sources, gathering and profitability based on this rule, as the completed a biological opinion on maintaining the data needed, and Amendment 11 and concluded that it proposed action should not have a completing and reviewing the collection substantial effect on the methods fishermen was not likely to jeopardize the of information. use or the areas in which they fish. The continued existence of the southern sea Public comment is sought regarding: overlap between the distribution of the otter. The final rule to implement whether this proposed collection of southern sea otter and CPS fishing grounds Amendment 11 was then published on information is necessary for the proper is very limited. Where overlap does occur, a June 29, 2006 (71 FR 36999) and performance of the functions of the small portion of Monterey Bay, otter changed the framework for annual agency, including whether the interactions with CPS fishermen have been apportionment of the Pacific sardine information shall have practical utility; very rare. Due to the limited potential for overlap the fishermen’s ability to harvest CPS harvest guideline along the U.S. Pacific the accuracy of the burden estimate; coast. will not be effected. ways to enhance the quality, utility, and NMFS has determined that there will not These new measures and regulations clarity of the information to be be a significant economic impact to a would include: collected; and ways to minimize the substantial number of these small entities. 1. CPS fishing boat operators and burden of the collection of information, Therefore, NMFS did not prepare an Initial crew would be prohibited from including through the use of automated Regulatory Flexibility Analysis. deploying their nets if a southern sea collection techniques or other forms of As a result, a regulatory flexibility otter is observed within the area that infromation technology. Send comments analysis is not required and none has would be encircled by the purse seine. on these or any other aspects of the been prepared.

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List of Subjects in 50 CFR Part 660 the net or the vessel; the number of directed fishing allocation of 10 percent Administrative practice and otters present; duration of interaction; to the CDQ Program upon the procedure, American Samoa, Fisheries, otter’s behavior during interaction; establishment of a sector allocation. Fishing, Guam, Hawaiian Natives, measures taken to avoid interaction. This action is intended to promote the Indians, Northern Mariana Islands, (b) [Reserved] goals and objectives of the Magnuson- Reporting and recordkeeping [FR Doc. E6–20770 Filed 12–6–06; 8:45 am] Stevens Act, the FMP, and other requirements. BILLING CODE 3510–22–S applicable laws. The amendment is available for public review and Dated: December 4, 2006. comment. Samuel D. Rauch III, DEPARTMENT OF COMMERCE Deputy Assistant Administrator for DATES: Comments on Amendment 85 Regulatory Programs, National Marine National Oceanic and Atmospheric must be received on or before February Fisheries Service. Administration 5, 2007. For the reasons set out in the ADDRESSES: Send written comments to preamble, NMFS proposes to amend 50 50 CFR Part 679 Sue Salveson, Assistant Regional CFR part 660 as follows: Administrator, Sustainable Fisheries [I.D. 112006I] Division, Alaska Region, NMFS, Attn: PART 660—FISHERIES OFF WEST RIN 0648–AU48 Ellen Walsh, Records Officer. Comments COAST STATES AND IN THE may be submitted by: WESTERN PACIFIC Fisheries of the Exclusive Economic • Hand delivery: 709 West 9th Street, Zone Off Alaska; Pacific Cod Room 420A, Juneau, AK; 1. The authority citation for part 660 • continues to read as follows: Allocations in the Bering Sea and E-mail: 0648–AU48–BSA85– Aleutian Islands Management Area [email protected]. Include in the subject Authority: 16 U.S.C. 1801 et seq. line the following document identifier: 2. In § 660.505, add paragraph (n) to AGENCY: National Marine Fisheries ‘‘Pacific cod RIN 0648 AU48.’’ E-mail read as follows: Service (NMFS), National Oceanic and comments, with or without attachments, § 660.505 Prohibitions. Atmospheric Administration (NOAA), are limited to 5 megabytes; Commerce. • Fax: 907–586–7557; * * * * * • (n) When fishing for CPS, deploy a net ACTION: Notice of availability; request Mail: P.O. Box 21668, Juneau, AK if a southern sea otter is observed within for comments. 99802–1668; or • the area that would be encircled by the Webform at the Federal eRulemaking SUMMARY: The North Pacific Fishery purse seine net. Portal: http://www.regulations.gov. Management Council (Council) has 3. Section 660.520 is added to read as Follow the instructions at that site for submitted Amendment 85 to the Fishery follows: submitting comments. Management Plan for Groundfish of the Copies of the Amendment 85 § 660.520 Reporting requirements. Bering Sea and Aleutian Islands Environmental Assessment/Regulatory (a) Otter interaction. (1) If a southern Management Area (FMP) to NMFS for Impact Review/Initial Regulatory sea otter is entangled in a net, regardless review. If approved, Amendment 85 Flexibility Analysis (EA/RIR/IRFA) of whether the animal is injured or would revise the current Bering Sea and prepared for this action are available killed, the vessel operator must report Aleutian Islands management area from the NMFS Alaska Region website this interaction within 24 hours to the (BSAI) Pacific cod allocations of total at www.fakr.noaa.gov or from the Regional Administrator. allowable catch (TAC) among various mailing and street addresses listed (2) While fishing for CPS, vessel harvest sectors, modify the management above. operators must record all observations of Pacific cod incidental catch in other FOR FURTHER INFORMATION CONTACT: of otter interactions (defined as otters non-target fisheries, eliminate the Becky Carls, 907–586–7228 or within encircled nets or coming into groundfish reserve for Pacific cod, [email protected]. contact with nets or vessels, including increase the percentage of the BSAI but not limited to entanglement) with Pacific cod TAC apportioned to the SUPPLEMENTARY INFORMATION: The their purse seine net(s) or vessel(s). Community Development Quota (CDQ) Magnuson-Stevens Act requires that With the exception of an entanglement, Program, and add a new appendix to the each regional fishery management which must be initially reported as FMP that summarizes the Consolidated council submit any FMP or FMP described in paragraph (a)(1)of this Appropriations Act of 2005. amendment it prepares to NMFS for section, all other observations must be Amendment 85 is necessary to reduce review and approval, disapproval, or reported within 20 days to the Regional uncertainty about the availability of partial approval by the Secretary. The Administrator. yearly harvests within sectors caused by Magnuson-Stevens Act also requires (3) When contacting NMFS after an reallocations, and to maintain stability that NMFS, upon receiving an FMP interaction, vessel operators must between sectors in the BSAI Pacific cod amendment, immediately publish a provide the location (latitude and fishery. This would be accomplished by notice in the Federal Register that the longitude) of the interaction and a establishing allocations that more FMP or amendment is available for description of the interaction itself. If closely reflect actual use by sector than public review and comment. This available, location information should do current allocations while considering requirement is satisfied by this notice of also include water depth, distance from socioeconomic and community factors, availability for Amendment 85. shore, and relation to port or other thus reducing the need for reallocations The BSAI Pacific cod TAC, after landmarks. Descriptive information of during the fishing year. This proposed subtraction of reserves, currently is the interaction should include: whether amendment also is necessary to subdivided, or allocated, among eight or not the otters were seen inside or implement recent changes to the non-CDQ fishing industry sectors based outside the net; if inside the net, had the Magnuson-Stevens Fishery on the type of fishing gear used net been completely encircled; whether Conservation and Management Act pursuant to regulations at 50 CFR any otters came in contact with either (Magnuson-Stevens Act) that require a 679.20(a)(7). Basically, these gear

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sectors include trawl gear, fixed gear are further apportioned between amendments, implemented beginning in (hook-and-line and pot), and jig gear. seasons. The purpose of these 1994, have allocated Pacific cod among These basic allocations are further allocations and apportionments is to these harvesting sectors. The previous subdivided between catcher/processor prevent one industry sector from and current allocations by sector, and vessels (CPs) that process their catch unfairly affecting the harvesting those proposed under Amendment 85, and catcher vessels (CVs) that catch fish opportunities of other sectors and to are summarized in the following table. but do not process it, and by length of ensure temporal dispersion of harvest to vessel in some cases. Some allocations protect Steller sea lions. Several FMP PERCENT SECTOR ALLOCATIONS BY AMENDMENT OF BSAI PACIFIC COD NON-CDQ TAC

Amendment Amendment Amendment 46 64 Amendment 24 (61 FR (65 FR 77 Proposed Sector (59 FR 4009, 59029, No- 51553, Au- (68 FR 49416, Amendment January 28, vember 20, gust 24, August 18, 85 1994) 1996) 2000) 2003)(Current)

Jig 2.0 2.0 2.0 2.0 1.4

Hook-and-line/pot CV < 60ft (18.3 m) LOA 44.0 51.0 0.7 0.7 2.0

Hook-and-line CV ≥ 60ft (18.3 m) LOA 0.2 0.2 0.2

Hook-and-line CP 40.8 40.8 48.7

Pot CP 9.3 1.7 1.5

Pot CV ≥ 60ft (18.3 m) LOA 7.6 8.4

Trawl CV 54.0 23.5 23.5 23.5 22.1

AFA trawl CP 23.5 23.5 23.5 2.3

Non-AFA trawl CP 13.4 Abbrevations: AFA = American Fisheries Act and LOA = length overall.

The BSAI Pacific cod non-CDQ TAC certain times of the year that can result (pot and hook-and-line gear) CVs less currently is fully distributed among from seasonal apportionments of the than 60 ft (18.3 m) length overall eight competing harvest sectors. The Pacific cod TAC, or insufficient effort by (hereafter, < 60 ft LOA), hook-and-line Pacific cod TAC allocations and a sector. CVs greater than or equal to 60 ft LOA apportionments for 2006 and 2007 are In developing Amendment 85, the (hereafter, ≥ 60 ft LOA), hook-and-line located in Table 5 of the groundfish Council determined that current CPs, pot CVs ≥ 60 ft LOA, pot CPs, trawl specifications published March 3, 2006 allocations do not correspond with CPs, and trawl CVs. The Council (71 FR 10900), and may be changed as actual dependence and use by the selected allocations using catch existing sectors, as demonstrated by the necessary during any fishing year histories from 1995 through 2003 and pursuant to 50 CFR 679.20(a)(7)(ii) and need for annual reallocations. other socio-economic and community 679.25(a). Reallocations maintain a level of Under the existing allocations, one or uncertainty for some sectors regarding considerations. The Council determined more sectors are typically unable to the amount of Pacific cod available for that the new allocations better reflect harvest their annual allocation of the harvest. The Council expects that actual dependency and use by sector, Pacific cod TAC. To provide an uncertainty to decrease due to the with specific consideration to allow for opportunity for the full harvest of the revisions to the Pacific cod non-CDQ additional growth in the small boat, BSAI Pacific cod non-CDQ TAC, allocations under this proposed entry-level sectors (fixed gear CVs < 60 existing allocations of Pacific cod that amendment. Members of various gear ft LOA and jig). The primary objective are projected to be unharvested by some sectors expressed concern that the of the Council in revising the BSAI sectors are annually reallocated by current allocations are overdue for Pacific cod non-CDQ TAC allocations to NMFS to other sectors. Since 1994, review, as the overall division of TAC each sector was to reduce the level and NMFS has reallocated Pacific cod each among the trawl, jig, and fixed gear frequency of annual reallocations, and year from the trawl and jig sectors to sectors has been in place since 1997. thus enhance sector stability so that fixed gear sectors. In 2002 and in 2004, Participants in the BSAI Pacific cod each sector may better plan its fishing reallocations also were made from the fishery that have made significant year and operate more efficiently. pot gear sectors to the hook-and-line CP investments and have a long-term The proposed rule to implement sector. Reallocations within gear types dependence on the resource, assert that Amendment 85 would make the (e.g., trawl CPs to trawl CVs, or hook- they need enhanced stability in the following changes in regulations for the and-line CVs to hook-and-line CPs) have sector allocations. occurred less frequently and in lower Under Amendment 85, the Council management of the BSAI directed amounts. Unharvested amounts selected nine individual non-CDQ Pacific cod fishery: typically result from gear specific PSC sectors to receive separate BSAI Pacific • Increase the percentage of the BSAI limitations closing directed fishing for cod non-CDQ TAC allocations (see table Pacific cod TAC apportioned to the CDQ Pacific cod, low catch rates during above). These sectors are jig, fixed gear Program.

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• Revise the allocations of BSAI must meet in order to operate as a CP allocate a CDQ incidental catch Pacific cod non-CDQ TAC among in the BSAI non-pollock groundfish allowance for Pacific cod to the CDQ various gear sectors. fishery and/or participate in the BSAI reserve. Currently, the CDQ reserve is • Modify the management of Pacific Catcher Processor Capacity Reduction deducted from the Pacific cod TAC cod incidental catch that occurs in other Program. before the remaining Pacific cod TAC is groundfish fisheries. The Act includes numerous allocated to the other fishing sectors. As • Eliminate the Pacific cod provisions that are not related to the intended by the Council, this nonspecified reserve. management of groundfish and crab amendment would continue this • Establish a hierarchy for the fisheries off Alaska. Only the portions of procedure: the 10 percent directed reallocation of projected unused sector the legislation related to eligibility of fishing allowance and the CDQ allocations to other sectors. the catcher processor subsectors would incidental catch allowance would be • Adjust the seasonal allowances of be provided for reference in a new subtracted from the Pacific cod TAC Pacific cod to various sectors. appendix to the FMP, Appendix J. The before allocations of Pacific cod are • Subdivide among sectors the annual portions of the legislation authorizing made to the non-CDQ sectors. PSC limits apportioned to the Pacific and governing the development of the Public comments are being solicited cod trawl and hook-and-line gear BSAI Catcher Processor Capacity on proposed Amendment 85 through fisheries. Reduction Program would not be • Modify the sideboard restrictions for provided in the appendix. the end of the comment period stated Pacific cod that are applied to the CP Second, the Coast Guard and (see DATES). A proposed rule to vessels listed as eligible under the Maritime Transportation Act of 2006 implement Amendment 85 will be American Fisheries Act (AFA). (Public Law 109–241), signed into law published in the Federal Register for • Revise the definition for AFA trawl on July 11, 2006, amended section public comment, following NMFS’ catcher/processor and add definitions 305(i)(1) of the Magnuson-Stevens Act. evaluation under Magnuson-Stevens Act for hook-and-line catcher/processor, Section 305(i)(1)(B)(ii)(I) of the procedures. Public comments on the non-AFA trawl catcher/processor, and Magnuson-Stevens Act now requires proposed rule must be received by the pot catcher/processor. that a directed fishing allowance of 10 end of the comment period on Two additional pieces of Federal percent be allocated to the CDQ Program Amendment 85 to be considered in the legislation affect Amendment 85. First, upon the establishment of sector approval/disapproval decision on the on December 8, 2004, the President allocations in a fishery. Currently, the amendment. All comments received by signed into law the Consolidated CDQ Program receives a fishing the end of the comment period on Appropriations Act of 2005 (Act; Public allocation of 7.5 percent of the Pacific Amendment 85, whether specifically Law 108–447). With respect to fisheries cod TAC, as the CDQ reserve, that is directed to the amendment or the off Alaska, the Act establishes catcher used by CDQ groups for directed fishing proposed rule, will be considered in the processor sector definitions for for Pacific cod (targeted fishing for decision to approve, partially approve, participation in: (1) the catcher Pacific cod), plus incidental catch or disapprove the proposed amendment. processor subsectors of the BSAI non- (Pacific cod that are caught and retained Comments received after the comment pollock groundfish fisheries, and (2) the while targeting other species) and period for the amendment will not be BSAI Catcher Processor Capacity bycatch (Pacific cod that are caught and considered in that decision. To be Reduction Program. The following released while targeting other species). considered, written comments must be subsectors are defined in section 219(a) Because Amendment 85, if approved, received by NMFS, not just postmarked of the Act and are not repeated here: would establish sector allocations in the or otherwise transmitted, by the close of AFA trawl catcher processor; non-AFA BSAI Pacific cod fishery, this action business on the last day of the comment trawl catcher processor; longline catcher would allocate 10 percent of the BASI period. processor; and pot catcher processor. Pacific cod TAC to the CDQ reserve as Authority: 16 U.S.C. 773 et seq.; 1540(f); Section 219(a) of the Act also defines a directed fishing allowance. The 10 1801 et seq.; 1851 note; 3631 et seq. ‘‘non-pollock groundfish fishery’’ as percent directed fishing allocation of Dated: November 30, 2006. target species of Atka mackerel, flathead Pacific cod to the CDQ reserve is only sole, Pacific cod, Pacific ocean perch, for directed fishing and does not James P. Burgess, rock sole, turbot, or yellowfin sole include amounts of Pacific cod needed Acting Director, Office of Sustainable harvested in the BSAI. Thus, the Act for incidental catch or bycatch in other Fisheries, National Marine Fisheries Service. provides the qualification criteria that CDQ groundfish fisheries. Therefore, [FR Doc. E6–20700 Filed 12–6–06; 8:45 am] each participant in the CP subsectors this proposed amendment also would BILLING CODE 3510–22–S

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Notices Federal Register Vol. 71, No. 235

Thursday, December 7, 2006

This section of the FEDERAL REGISTER NFMA. On August 16, 2006, United Decision to be Made: The purpose and contains documents other than rules or States Eastern District Court of need from the Creeks Forest Health proposed rules that are applicable to the California Judge Damrell issued his Recovery Project remain unchanged public. Notices of hearings and investigations, order granting plaintiff’s motion with from the September 2005 FEIS. I will committee meetings, agency decisions and use the public response plus rulings, delegations of authority, filing of respect to sufficiency of the range of petitions and applications and agency alternatives analyzed, impacts to and interdisciplinary team analysis to statements of organization and functions are viability of the American marten and decide whether to revise, amend or examples of documents appearing in this the California spotted owl and reaffirm the original Creeks Forest section. population and habitat data for the Health Recovery Project Record of American marten, the pileated Decision. woodpecker and the black bear. The Scoping Process: The project was DEPARTMENT OF AGRICULTURE judge’s order affirmed the Forest initially listed in the Forest’s February Service’s motion regarding all other 2004 quarterly edition of the Schedule Forest Service issues raised by plaintiffs. After review of Proposed Actions (SOPA). Scoping letters were sent in June 2004 to those Lassen National Forest, Almanor of the court’s findings, Council on Environmental Quality (CEQ) who responded to the SOPA and other Ranger District, California, Creeks identified interested and affected Forest Health Recovery Project regulations, Forest Service policy and a review of the FEIS/ROD and individuals and government agencies. A AGENCY: Forest Service, USDA. administrative record, I have decided second scoping process was initiated in ACTION: Notice of intent to prepare a that the court order and the public can February of 2005 when it was supplement to the environmental best be served by preparing a determined that the environmental impact statement. Supplement to the FEIS. analysis would be documented in an environmental impact statement. SUMMARY: In response to Federal District Alternatives: Alternatives considered Scoping is not required for supplements Judge Damrell’s August 16, 2006 order in the Creeks Forest Health Recovery to environmental impact statements (40 regarding the Creeks Forest Health Project FEIS (September 2005) include CFR 1502.9(c)4(4)). A public scoping Recovery Project Environmental Impact Alternative 1—Proposed Action, meeting for this Supplement is not Statement (EIS) and Record of Decision Alternative 2—No Action, Alternative anticipated at this time. Scoping letters (ROD), I am preparing a Supplement to 14—the Selected Alternative from the received by the Forest Service from the September 2005 Final EIS. Creeks Forest Health Recovery Project prior scoping periods will be used for Consistent with the Court’s findings, Record of Decision (September 2005), this process. this supplement will address the and eleven other Alternatives. Identification of Permits or Licenses following points from the court order: Alternative 14—the Selected Alternative Required: No permits or licenses have ‘‘(1) The Forest Service violated NEPA was developed in response to the been identified to implement the by failing to analyze an adequate range significant issue, which is the proposed action. of alternatives, particularly alternatives maintenance of habitat connectivity Lead, Joint Lead, and Cooperating involving less intensive logging. (2) The between areas of suitable habitat for the Agencies: The USDA Forest Service is Forest Service violated NEPA by failing California spotted owl and American the lead agency for this proposal; there to take a hard look at the Creeks Forest marten. Alternative 14 would are no cooperating agencies. Health Recovery Project’s impact on the implement 9,190 acres of fuel Estimated Dates for Filing: The American marten and the California treatments including 5,905 acres of expected filing date with the spotted owl. (3) The Forest Service defensible fuel profile zones (DFPZs) Environmental Protection Agency for violated NFMA by failing to insure and 3,285 acres of individual tree the draft SEIS is April 2007. The viable, well-distributed populations of selection (ITS) or area thinning, which expected filing date for the final SEIS is the American marten and the California would be accomplished by treating September 2007. spotted owl. (4) The Forest Service surface, ladder and canopy fuels Person to Which Comments May be violated NFMA by approving the Project utilizing a combination of commercial Mailed: Comments may be submitted to without appropriate or sufficient timber sales, service contracts, and force Alfred Vazquez, District Ranger, population and habitat data for the account crews. Alternative 14 would Almanor Ranger District, at P.O. Box American marten, the pileated also implement 1,186 acres of group 767, Chester, CA 96020 or (530) 258– woodpecker, and the black bear.’’ selection (GS) and improvements to the 5194 (fax) during normal business SUPPLEMENTARY INFORMATION: On existing transportation system including hours. The Almanor Ranger District September 9, 2005, Forest Supervisor, construction of 1.9 miles of new system business hours are from 8 a.m. to 4:30 Laurie Tippin signed a ROD and road, 3.7 miles of new temporary roads, p.m. Monday through Friday. Electronic released the final EIS for the Creeks and the upgrade of 5.0 miles of existing comments in acceptable plain text (.txt), Project. This EIS and ROD were non-system road to temporary roads will rich text (.rtf), or Word (.doc) formats, challenged in federal district court by occur. Other improvements include the may be submitted to: comments- the Sierra Nevada Forest Protection reduction of sedimentation from over pacificsouthwest-lassen- Campaign, Sierra Club, and the Lassen 80% of the 179 locations where existing [email protected] using Subject: Creeks Forest Preservation Group. The roads cross streams (crossings) by Forest Health Recovery Project. plaintiffs raised several issues including improving the road surface at the Reviewer’s Obligation to Comment: whether the ROD violated NEPA and crossing locations. The comment period on the draft SEIS

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will be 45 days from the date the Dated: December 1, 2006. DEPARTMENT OF COMMERCE Environmental Protection Agency Jeff Withroe, publishes the notice of availability of Acting Forest Supervisor, Lassen National Foreign–Trade Zones Board the draft EIS in the Federal Register. Forest. Docket T–5–2006 The Forest Service believes, at this [FR Doc. 06–9567 Filed 12–6–06; 8:45 am] early stage, it is important to give BILLING CODE 5410–99–M Foreign–Trade Zone 196 - Fort Worth, reviewers notice of several court rulings Texas, Application for Temporary/ related to public participation in the Interim Manufacturing Authority, environmental review process. First, COMMISSION ON CIVIL RIGHTS Motorola, Inc. (Mobile Phone Kitting) reviewers of draft statements must structure their participation in the Sunshine Act Notice An application has been submitted to environmental review of the proposal so the Acting Executive Secretary of the that it is meaningful and alerts an DATE AND TIME: Thursday, December 14, Foreign–Trade Zones Board (the Board) agency to the reviewer’s position and 2006, 9 a.m. by the Alliance Corridor, Inc., grantee of contentions. Vermont Yankee Nuclear PLACE: U.S. Commission on Civil Rights, FTZ 196, requesting temporary/interim manufacturing (T/IM) authority within Power Corp. v. NRDC, 435 U.S. 519, 553 624 Ninth Street, NW., Rm. 540, FTZ 196, at the facilities of Motorola, (1978). Also, environmental objections Washington, DC 20425. Inc. (Motorola) located in Fort Worth, that could be raised at the draft The meeting is also accessible to the Texas. The application was filed on environmental impact statement stage public through the following: Call-In Number: 1–800–597–0731. Access Code November 28, 2006. but that are not raised until after The Motorola facilities (3,800 completion of the final environmental Number: 43783773. Federal Relay Service: 1–800–877–8339. employees, annual capacity for up to 50 impact statement may be waived or - 60 million mobile phone sets) are dismissed by the courts. City of Angoon Meeting Agenda located at multiple locations (including v. Hodel, 803 F.2d 1016, 1022 (9th Cir. I. Approval of Agenda those of affiliates and third–party 1986) and Wisconsin Heritages, Inc. v. II. Approval of Minutes of November 17, contractors) within Sites 1 and 2 of FTZ Harris, 490 F. Supp. 1334, 1338 (E.D. Meeting 196, and include 4801 Westport Wis. 1980). Because of these court III. Announcements Parkway and 15005 Peterson Court, in rulings, it is very important that those IV. Staff Director’s Report Fort Worth, Texas. Under T/IM interested in this proposed action V. Management and Operations procedures, Motorola has requested participate by the close of the 45-day • Quality Information Guidelines authority to process (kit) certain • comment period so that substantive Proposed Rule on Conduct imported components into mobile comments and objections are made Regulations phone sets (HTSUS 8525.20 - the • available to the Forest Service at a time Proposed Rule on Outside phones enter the United States duty– when it can meaningfully consider them Employment • free). The company may source the and respond to them in the final Strategic Planning following potentially dutiable • Procedures for Briefing Reports environmental impact statement. components from abroad for processing • Procedures for National Office To assist the Forest Service in under T/IM authority, as described in its Work Products identifying and considering issues and application: batteries (HTSUS 8507.80), concerns on the proposed action, VI. Program Planning • January Business Meeting and power supplies (HTSUS 8504.40), comments on the draft environmental lithium batteries (HTSUS 8507.30), impact statement should be as specific Briefing • Revised 2007 Business Meeting and cables (HTSUS 8544.41), housing as possible. It is also helpful if Briefing Calendar assemblies (HTSUS 8529.90), and comments refer to specific pages or • Affirmative Action in Law Schools printed circuit connectors (HTSUS chapters of the draft statement. Briefing Report 8536.69). Duty rates on these inputs Comments may also address the • Campus anti-Semitism Public range from duty–free to 3.4 percent, ad adequacy of the draft environmental Education Campaign valorem. T/IM authority could be impact statement or the merits of the • Kentucky SAC Report granted for a period of up to two years. alternatives formulated and discussed in • Florida SAC Report Motorola has also submitted a request the statement. Reviewers may wish to VII. State Advisory Committee Issues for permanent FTZ manufacturing refer to the Council on Environmental • California SAC Members • authority (for which Board filing is Quality Regulations for implementing Arizona SAC pending), which includes a range of the procedural provisions of the VIII. Future Agenda Items additional inputs. National Environmental Policy Act at 40 X. Adjourn FTZ T/IM procedures would allow CFR 1503.3 in addressing these points. Briefing Agenda Motorola to elect the finished–product FOR FURTHER INFORMATION CONTACT: Al Commission Briefing: Elementary and duty rate for the imported components Vazquez, District Ranger, or Robin Secondary School Desegregation listed above. The application indicates Bryant, Interdisciplinary Team Leader, • Introductory Remarks by Chairman that most of the FTZ savings would may be contacted by phone at (530) • Speakers’ Presentation result from choosing the duty–free rate 258–2141 for more information about • Questions by Commissioners and on mobile phones for imported batteries the supplemental environmental impact Staff Director (HTSUS 8507.80, duty rate - 3.4%). The statement or at the Almanor Ranger CONTACT PERSON FOR FURTHER company indicates that it would also District, P.O. Box 767, Chester, CA INFORMATION: Manuel Alba, Press and realize logistical/paperwork savings and 96020. Communications (202) 376–7700. duty–deferral savings under FTZ Responsible Official and Mailing procedures. Motorola’s application Address: Laurie Tippin, Forest David P. Blackwood, states that the above–cited savings from Supervisor, 2550 Riverside Drive, General Counsel. zone procedures could help improve the Susanville, CA 96130, is the responsible [FR Doc. 06–9584 Filed 12–4–06; 4:21 pm] company’s international official for the Record of Decision. BILLING CODE 6335–01–P competitiveness.

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Public comment is invited from Background which is adopted herein, by reference interested parties. Submissions shall be On August 4, 2006, the Department (that issue is identified in the appendix addressed to the Board’s Acting published in the Federal Register the attached to this notice). The Decision Executive Secretary at the following preliminary results of the administrative Memorandum is on file in the Central address: Office of the Executive review of the antidumping duty order Records Unit, Room B–099 of the Secretary, Foreign–Trade Zones Board, on canned pineapple fruit from Herbert C. Hoover Building, and may be Room 2814B, U.S. Department of Thailand. See Canned Pineapple Fruit accessed on the Web at http://trade.gov/ Commerce, 1401 Constitution Avenue, from Thailand: Preliminary Results of ia/index.asp, ‘‘Federal Register NW, Washington, DC 20230; Tel: (202) Antidumping Duty Administrative Notices.’’ 482–2862. The closing period for their Review, 71 FR 44256 (August 4, 2006) Final Results of Review receipt is January 8, 2007. (Preliminary Results). On August 23, We determined that the following 2006, we received a case brief from Vita A copy of the application will be weighted–average percentage margins in response to the Department’s available for public inspection at the exist for the period July 1, 2004, through invitation to comment on the Office of the Foreign–Trade Zones June 30, 2005: Board’s Executive Secretary at the Preliminary Results. On September 11, address listed above. 2006, we received a rebuttal brief from Manufacturer/Exporter Margin (percent) Dated: November 28, 2006. the petitioners. The Department received no comments regarding its Vita Food Factory Andrew McGilvray, preliminary decision to base TROFCO’s (1989) Ltd...... 16.14 Acting Executive Secretary. margin on adverse facts available (AFA). Tropical Food Industries [FR Doc. E6–20784 Filed 12–6–06; 8:45 am] Co., Ltd...... 51.16 BILLING CODE 3510–DS–S Scope of the Order The product covered by the order is Assessment canned pineapple fruit, defined as The Department has determined, and DEPARTMENT OF COMMERCE pineapple processed and/or prepared U.S. Customs and Border Protection into various product forms, including International Trade Administration (CBP) shall assess, antidumping duties rings, pieces, chunks, tidbits, and on all appropriate entries. In accordance crushed pineapple, that is packed and with 19 CFR § 351.212(b)(1), we [A–549–813] cooked in metal cans with either calculated importer/customer–specific pineapple juice or sugar syrup added. assessment rates for Vita’s subject Canned Pineapple Fruit from Thailand: Imports of canned pineapple fruit are Final Results and Partial Rescission of merchandise. Since Vita did not report currently classifiable under subheadings the entered value for its sales, we Antidumping Duty Administrative 2008.20.0010 and 2008.20.0090 of the Review calculated per–unit assessment rates for Harmonized Tariff Schedule of the its merchandise by summing, on an United States (HTSUS). HTSUS AGENCY: Import Administration, importer or customer–specific basis, the 2008.20.0010 covers canned pineapple dumping margins calculated for all U.S. International Trade Administration, fruit packed in a sugar–based syrup; Department of Commerce. sales of subject merchandise to the HTSUS 2008.20.0090 covers canned importer or customer and dividing this SUMMARY: pineapple fruit packed without added On August 4, 2006, the amount by the total quantity of those sugar (i.e., juice–packed). The HTSUS Department of Commerce (Department) sales. To determine whether the per– subheadings are provided for published in the Federal Register the unit duty assessment rates were de convenience and customs purposes. The preliminary results and partial minimis (i.e., less than 0.50 percent ad written description of the merchandise preliminary rescission of the valorem), in accordance with the covered by this order is dispositive. administrative review of the requirement set forth in 19 CFR antidumping duty order on canned Partial Final Rescission of Review § 351.106(c)(2), we calculated importer/ pineapple fruit from Thailand. This As stated in the Preliminary Results, customer- specific ad valorem ratios review covers two manufacturers/ based on adjusted export prices. Where exporters: Vita Food Factory (1989) Ltd. the Department concluded that Prachuab Fruit Canning Co., Ltd. the importer/customer- specific (Vita) and Tropical Food Industries Co., assessment rate is above de minimis, we Ltd. (TROFCO). The period of review (PRAFT) made no shipments of subject merchandise during the POR. Therefore, will instruct CBP to assess this rate (POR) is July 1, 2004, through June 30, uniformly on all appropriate entries. For 2005. In these final results, we have consistent with the Preliminary Results, and in accordance with 19 CFR TROFCO, the respondent receiving a made no changes to the weighted– dumping margin based upon AFA, we average dumping margins determined § 351.213(d)(3), we are rescinding the instant review with respect to PRAFT. will instruct CBP to liquidate entries for Vita and TROFCO in the preliminary according to the AFA ad valorem rate. results of this administrative review. We received no comments on the Department’s decision in the The Department intends to issue EFFECTIVE DATE: December 7, 2006. Preliminary Results to rescind this assessment instructions to CBP 15 days FOR FURTHER INFORMATION CONTACT: review with respect to PRAFT. after the date of publication of the final results of review. Magd Zalok or Howard Smith, AD/CVD Analysis of Comments Received The Department clarified its Operations, Office 4, Import The one issue raised in Vita’s case ‘‘automatic assessment’’ regulation on Administration, International Trade brief is addressed in the Issues and May 6, 2003. See Antidumping and Administration, U.S. Department of Decision Memorandum to David M. Countervailing Duty Proceedings: Commerce, 14th Street and Constitution Spooner, Assistant Secretary for Import Assessment of Antidumping Duties, 68 Avenue, NW, Washington, DC 20230, Administration, from Stephen J. Claeys, FR 23954 (May 6, 2003). This telephone: (202) 482–4162 and (202) Deputy Assistant Secretary for Import clarification applies to POR entries of 482–5193, respectively. Administration, dated concurrently subject merchandise produced by SUPPLEMENTARY INFORMATION: herewith (Decision Memorandum), companies included in these final

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results for which the reviewed disclosed under APO in accordance Background companies did not know their with 19 CFR § 351.305. Timely written merchandise was destined for the notification of the return/destruction of On December 28, 1994, the United States. In such instances, we will APO materials or conversion to judicial Department published in the Federal instruct CBP to liquidate unreviewed protective order is hereby requested. Register an antidumping duty order on entries at the all–others rate if there is Failure to comply with the regulations certain cased pencils from the People’s no rate for the intermediate company and terms of an APO is a violation that Republic of China (‘‘PRC’’). See involved in the transaction. For a full is subject to sanction. Antidumping Duty Order: Certain Cased discussion of this clarification, see id. Pencils From the People’s Republic of We are issuing and publishing these China, 59 FR 66909 (December 28, Cash Deposit Requirements results and notice in accordance with 1994). sections 751(a)(1) and 771(i)(1) of the The following cash deposit Act. On December 1, 2005, the Department requirements will be effective for all published in the Federal Register a shipments of the subject merchandise Dated: November 30, 2006. notice of ‘‘Opportunity to Request entered, or withdrawn from warehouse, David M. Spooner, Administrative Review’’ of the for consumption on or after the Assistant Secretary for Import antidumping duty order on certain publication date of the final results of Administration. cased pencils from the PRC covering the this administrative review, as provided Appendix period December 1, 2004, through by section 751(a)(1) of the Tariff Act of November 30, 2005. See Antidumping 1930, as amended (Act): (1) the cash Comment 1: Whether the Department or Countervailing Duty Order, Finding, deposit rates for the companies Should Continue to Reject the Post–Sale or Suspended Investigation; examined in the instant review will be Price Adjustments That Vita Reported Opportunity to Request Administrative the rates listed above (except that if the for U.S. Sales Review, 70 FR 72109 (December 1, rate for a particular company is de [FR Doc. E6–20779 Filed 12–6–06; 8:45 am] 2005). minimis, i.e., less than 0.50 percent, no BILLING CODE 3510–DS–S cash deposit will be required for that On December 9, 2005, in accordance company); (2) for previously with 19 CFR 351.213(b), a PRC exporter/ producer, Shandong Rongxin Import investigated or reviewed companies not DEPARTMENT OF COMMERCE listed above, the cash deposit rate will and Export Co., Ltd. (‘‘Rongxin’’), continue to be the company–specific International Trade Administration requested an administrative review of rate published for the most recent the order on certain cased pencils from period; (3) if the exporter is not a firm the PRC. On December 30, 2005, the A–570–827 petitioner1 requested a review of three covered in this review, a prior review, 2 or the less–than-fair–value Certain Cased Pencils from the companies. In addition, on January 3, 2006, the following exporter/producers investigation, but the manufacturer is, People’s Republic of China; 3 the cash deposit rate will be the rate Preliminary Results of Antidumping requested their own reviews : CFP, established for the most recent period Duty Administrative Review Three Star, Beijing Dixon Stationary for the manufacturer of the subject Company Ltd. (‘‘Dixon’’), and Oriental merchandise; and (4) the cash deposit AGENCY: Import Administration, International Holding Shanghai Foreign rate for all other manufacturers or International Trade Administration, Trade Co., Ltd. (‘‘SFTC’’) requested their exporters will continue to be the ‘‘all Department of Commerce. own reviews. On January 27, 2006, the Department others’’ rate of 24.64 percent. These cash SUMMARY: The Department of Commerce published in the Federal Register a deposit rates, when imposed, shall (‘‘the Department’’) has preliminarily notice of initiation for this remain in effect until publication of the determined that sales by the administrative review covering the final results of the next administrative respondents in this review, covering the companies listed in the requests review. period December 1, 2004, through received from the interested parties. See November 30, 2005, have been made at Reimbursement of Duties Initiation of Antidumping and prices at less than normal value (‘‘NV’’). This notice also serves as a final Countervailing Duty Administrative If these preliminary results are adopted reminder to importers of their Reviews and Request for Revocation in in the final results of this review, we responsibility under 19 CFR Part, 71 FR 5241 (February 1, 2006) will instruct U.S. Customs and Border § 351.402(f)(2) to file a certificate (‘‘Initiation Notice’’). Protection (‘‘CBP’’) to assess regarding the reimbursement of antidumping duties on all appropriate On February 8, 2006, the Department antidumping duties prior to liquidation entries. The Department invites issued quantity and value (‘‘Q&V’’) of the relevant entries during this interested parties to comment on these questionnaires to each PRC company review period. Failure to comply with preliminary results. this requirement could result in the 1 The petitioner includes Sanford L.P., Musgrave Secretary’s presumption that EFFECTIVE DATE: December 7, 2006. Pencil Company, RoseMoon Inc., and General reimbursement of the antidumping FOR FURTHER INFORMATION CONTACT: Pencil Company. 2 duties occurred and the subsequent Brian Smith or Gemal Brangman, AD/ These companies are: China First Pencil assessment of double antidumping Company, Ltd. (‘‘CFP’’), Shanghai Three Star CVD Operations, Office 2, Import Stationery Industry Corp. (‘‘Three Star’’), and duties. Administration, International Trade Tianjin Custom Wood Processing Co., Ltd. Administration, U.S. Department of (‘‘TCW’’). Administrative Protective Orders 3 Commerce, 14th Street and Constitution CFP, Three Star, Dixon, and SFTC filed This notice also serves as a reminder submissions dated December 31, 2005, requesting a to parties subject to administrative Avenue, NW, Washington, DC 20230; review, in accordance with 19 CFR 351.213(b). protective orders (APO) of their telephone (202) 482–1766 and (202) However, because the Department was closed on 482–3773, respectively. December 31, 2005, the Department accepted these responsibility concerning the return or submissions for filing on January 3, 2006, the next destruction of proprietary information SUPPLEMENTARY INFORMATION: business day.

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listed in the Initiation Notice.4 These documentation submitted by CFP and On November 29, 2006, Three Star questionnaires requested the quantity Three Star in prior segments for submitted information per the and value for the identified companies purposes of examining whether these Department’s request. On December 1, that produced and/or exported certain companies should be collapsed in this 2006, the Department issued CFP and cased pencils from the PRC. On review. See Memorandum to the File Three Star a supplemental questionnaire February 14, 2006, SFTC timely from Brian C. Smith, Team Leader, for purposes of clarifying certain items withdrew its review request in entitled 2004–2005 Administrative in their response. As the due date for accordance with 19 CFR 351.213(d)(1). Review of the Antidumping Duty Order submitting their response to this In response to the Department’s Q&V on Certain Cased Pencils from the questionnaire is after these preliminary questionnaire, the following companies People’s Republic of China: Placement results, the Department will consider responded on February 22, 2006, that of Additional Documents on the Record CFP’s and Three Star’s response to this they exported subject merchandise to of This Review, dated July 19, 2006. supplemental questionnaire for the final the United States during the period of On August 9, 2006, we extended the results. time limit for the preliminary results in review (‘‘POR’’): (1) CFP; (2) Three Star; Section A Respondents (3) Dixon; and (4) Rongxin. TCW this review until December 1, 2006. See indicated that it had no exports, sales or Certain Cased Pencils From the People’s On March 23, 2006, the Department entries of subject merchandise to the Republic of China: Notice of Extension issued the section A questionnaire to United States during the POR. of Time Limit for 2004–2005 Dixon and Rongxin. Rongxin and Dixon On March 10, 2006, we met with Administrative Review, 71 FR 45519 submitted their section A questionnaire counsel for CFP, Three Star, and Dixon, (August 9, 2006). responses on April 14 and 26, 2006, at its request, to discuss respondent On August 10, 2006, in accordance respectively. selection in this administrative review with section 751(a)(3)(A) of the Act, the On May 3, 2006, the Department (see Memorandum to the File, entitled Department rescinded this review with issued Rongxin a section A Ex–Parte Meeting with Counsel for respect to SFTC because it withdrew its supplemental questionnaire, to which it Beijing Dixon Stationary Company Ltd., request for a review in a timely manner. responded on May 24, 2006. On May 16, China First Pencil Company, et al., The Department also rescinded this 2006, the Department issued Dixon a dated March 10, 2006). review with respect to TCW because it section A supplemental questionnaire, Because it was not practicable for the did not have shipments of subject to which it responded on June 9, 2006. Department to individually examine all merchandise to the United States during Surrogate Country and Factors of the companies covered by the review, the POR. See Certain Cased Pencils From the People’s Republic of China: On February 9, 2006, the Department the Department limited its examination identified five countries, including for these preliminary results to the Notice of Partial Rescission of Antidumping Duty Administrative India, that are comparable to the PRC in largest producers/exporters that could terms of overall economic development reasonably be examined, accounting for Review, 71 FR 47169 (August 16, 2006). The Department is conducting this to use as surrogates in this review for the greatest possible export volume, purposes of valuing factors of pursuant to section 777A(c)(2)(B) of the administrative review in accordance with section 751 of the Act. production (see Memorandum from Ron Tariff Act of 1930, as amended (‘‘the Lorentzen, Director, Office of Policy, to Act’’). Therefore, the Department Mandatory Respondents Irene Darzenta–Tzafolias, Acting Office selected CFP and Three Star as the On March 23, 2006, the Department Director, Office 2, dated February 9, mandatory respondents in this review issued the full antidumping duty 2006). On May 17, 2006, the Department and designated Dixon and Rongxin as questionnaire to CFP and Three Star. On solicited comments on surrogate Section A respondents. See April 20 and 25, 2006, CFP and Three country selection from interested Memorandum From Irene Darzenta Star submitted their section A parties. The Department received no Tzafolias, Acting Office Director, to questionnaire response (‘‘section A comments from the interested parties. Stephen Claeys, Deputy Assistant response’’). On May 15, 2006, CFP and See the ‘‘Normal Value’’ section below Secretary, entitled Antidumping Duty Three Star submitted their sections C for further detail. Administrative Review of Certain Cased and D questionnaire responses On July 7, 2006, the Department Pencils from the People’s Republic of (‘‘sections C and D responses’’). received surrogate–value information China: Selection of Respondents, dated On June 1, 2006, the Department from the petitioner. On November 6, March 23, 2006. Accordingly, on March issued CFP and Three Star a section A 2006, CFP and Three Star submitted 23, 2006, we issued the full supplemental questionnaire and they surrogate–value information. Because antidumping duty questionnaire to CFP submitted their response on June 29, CFP’s and Three Star’s surrogate–value and Three Star and only Section A of 2006 (‘‘supplemental section A information was submitted four months the questionnaire to Dixon and Rongxin. response’’). On June 19, 2006, the past the original deadline (i.e., July 7, On July 19, 2006, we placed on the Department issued CFP and Three Star 2006), we did not consider it for record of this segment of the proceeding a section C supplemental questionnaire purposes of these preliminary results. and they submitted their response on However, we will consider CFP’s and 4 In two prior administrative reviews of this antidumping duty order, the Department collapsed July 11, 2006. On July 11, 2006, the Three Star’s surrogate–value CFP with Three Star. See Certain Cased Pencils Department issued CFP and Three Star information for purposes of the final From the People’s Republic of China: Final Results a section D supplemental questionnaire results. For a detailed discussion of the and Partial Rescission of Antidumping Duty and CFP and Three Star submitted their Department’s selection of surrogate Administrative Review, 70 FR 42301 (July 22, 2005), and accompanying Issues and Decision response on August 30 and September values and financial ratios, see ‘‘Factor Memorandum at Comment 1; and Certain Cased 6, 2006, respectively. On October 20 and Valuations’’ section below. See also Pencils From the People’s Republic of China: Final 24, 2006, the Department issued CFP Memorandum from the Team to the Results and Partial Rescission of Antidumping Duty and Three Star additional section D File, entitled 2004–2005 Antidumping Administrative Review, 71 FR 38366 (July 6, 2006), and accompanying Issues and Decision supplemental questionnaires and they Duty Administrative Review of Certain Memorandum at Comment 7 (‘‘PRC Pencils 2003- submitted their responses on October Cased Pencils from the People’s 2004 AR’’). 31, 2006. Republic of China - Factors Valuation

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For the Preliminary Results (‘‘Factor finding.5 For the reasons discussed Therefore, because SLI continued to Valuation Memorandum’’), dated below, we find that this condition has hold in trust a significant amount of December 1, 2006, which is on file in not prevented us from examining in this CFP’s sales and has oversight over all of Central Records Unit (‘‘CRU’’) in Room administrative review whether CFP and Three Star’s assets for the vast majority B–099 of the main Department building. its subsidiary producers6 are affiliated of the POR, these share and/or asset with Three Star. oversight transfers do not alter our Scope of the Order In prior administrative reviews conclusion that CFP, its pencil– Imports covered by this order are involving CFP and Three Star, the producing subsidiaries, and Three Star shipments of certain cased pencils of Department found CFP to be affiliated were affiliated during the POR through any shape or dimension (except as with Three Star as a result of Shanghai common control by SLI. See Affiliation/ described below) which are writing and/ Light Industry, Ltd.’s (‘‘SLI’’) direct Collapsing Memo for further discussion. or drawing instruments that feature oversight and control over both CFP and 7 Collapsing–CFP and Three Star cores of graphite or other materials, Three Star. In this review, CFP and Three Star Pursuant to 19 CFR 351.401(f), the encased in wood and/or man–made claim that they are no longer affiliated Department will collapse producers and materials, whether or not decorated and and should not be collapsed because SLI treat them as a single entity where (1) whether or not tipped (e.g., with erasers, no longer has oversight of their those producers are affiliated, (2) the etc.) in any fashion, and either operations. In addition, CFP and Three producers have production facilities for sharpened or unsharpened. The pencils Star maintain that the Department has producing similar or identical products subject to the order are currently no basis to collapse them because SLI that would not require substantial classifiable under subheading transferred the shares it held in trust for retooling of either facility in order to 9609.10.00 of the Harmonized Tariff CFP to the Huangpu District State restructure manufacturing priorities, Schedule of the United States Assets Administration Office (‘‘HSAO’’) and (3) there is a significant potential (‘‘HTSUS’’). Specifically excluded from on October 11, 2005, and SLI transferred for manipulation of price or production. the scope of the order are mechanical oversight of the assets it held in trust for We also note that the rationale for pencils, cosmetic pencils, pens, non– Three Star to the HSAO on September collapsing, to prevent manipulation of cased crayons (wax), pastels, charcoals, 8, 2005.8 In this review, the Department price and/or production (see 19 CFR chalks, and pencils produced under has examined whether CFP and its 351.401(f)), applies to both producers U.S. patent number 6,217,242, from pencil–producing subsidiaries are still and exporters, if the facts indicate that paper infused with scents by the means affiliated with Three Star for purposes producers of like merchandise are covered in the above–referenced patent, of determining whether they should be affiliated as a result of their mutual thereby having odors distinct from those collapsed in this review. For further relationship with an exporter. that may emanate from pencils lacking discussion on this matter, see To the extent that this provision does the scent infusion. Also excluded from Memorandum From Team to James P. not conflict with the Department’s the scope of the order are pencils with Maeder, Jr., Office Director, entitled application of separate rates and all of the following physical Certain Cased Pencils from the People’s enforcement of the NME provision, characteristics: (1) length: 13.5 or more Republic of China: Whether to Continue section 773(c) of the Act, the inches; (2) sheath diameter: not less To Collapse CFP and its Pencil– Department will collapse two or more than one–and-one quarter inches at any Producing Subsidiaries with Three Star, affiliated entities in a case involving an point (before sharpening); and (3) core dated December 1, 2006 (‘‘Affiliation/ NME country if the facts of the case length: not more than 15 percent of the Collapsing Memo’’). warrant such treatment. Furthermore, length of the pencil. Based on our analysis, we we note that the factors listed in 19 CFR In addition, pencils with all of the preliminarily find that during this POR, 351.401(f)(2) are not exhaustive, and in following physical characteristics are CFP and its pencil–producing the context of an NME investigation or excluded from the scope of the order: subsidiaries were still affiliated with administrative review, other factors novelty jumbo pencils that are octagonal Three Star through the common control unique to the relationship of business in shape, approximately ten inches long, by SLI, pursuant to section 771(33)(F) entities within the NME may lead the one inch in diameter before sharpening, and (G) of the Act. As for CFP’s and Department to determine that collapsing and three–and-one eighth inches in Three Star’s claim that SLI transferred is either warranted or unwarranted, circumference, composed of turned the shares and/or oversight of assets it depending on the facts of the case. See wood encasing one–and-one half inches held in trust for both companies, the Hontex Enterprises, Inc. v. United of sharpened lead on one end and a evidence indicates that these alleged States, 248 F. Supp. 2d 1323, 1342 (Ct. rubber eraser on the other end. events took place at the end of this POR. Int’l. Trade 2003) (noting that the application of collapsing in the NME Although the HTSUS subheading is 5 See, e.g., Certain Preserved Mushrooms From context may differ from the standard provided for convenience and customs the People’s Republic of China: Preliminary Results factors listed in the regulation). purposes, the written description of the of Antidumping Duty Administrative Review, 71 FR In summary, if there is evidence of scope of the order is dispositive. 64930, 64934 (November 6, 2006), and Certain Preserved Mushrooms From the People’s Republic significant potential for manipulation or Affiliation - CFP and Three Star of China: Preliminary Results and Partial Rescission control between or among producers of Fifth Antidumping Duty Administrative Review, which produce similar and/or identical To the extent that section 771(33) of 70 FR 10965, 10969 (March 7, 2005). merchandise, but may not all produce the Act does not conflict with the 6 CFP’s pencil-producing subsidiaries include the following companies: Shanghai First Writing their product for sale to the United Department’s application of separate Instrument Co., Ltd., Shanghai Great Wall Pencil States, the Department may find such rates and enforcement of the non– Co., Ltd., and China First Pencil Fang Zheng Co. evidence sufficient to apply the market economy (‘‘NME’’) provision, Ltd. collapsing criteria in an NME context in section 773(c) of the Act, the 7 See, e.g., PRC Pencils 2003-2004 AR, 71 FR order to determine whether all or some Department will determine that 38366, and accompanying Issues and Decision Memorandum at Comment 7. of those affiliated producers should be exporters and/or producers are affiliated 8 See page A-5 of CFP’s section A response and treated as one entity (see, e.g., Certain if the facts of the case support such a page A-2 of Three Star’s section A response. Preserved Mushrooms From the People’s

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Republic of China: Preliminary Results considerations, including the structure Fair Value: Silicon Carbide From the and Partial Rescission of Fifth of the collapsed entity, the level of People’s Republic of China, 59 FR Antidumping Duty Administrative control between/among affiliates, and 22585, 22587 (May 2, 1994) (‘‘Silicon Review, 70 FR at 10971 (unchanged in the level of participation by each Carbide’’). In accordance with the final results); and Certain Preserved affiliate in the proceeding. Given the separate–rates criteria, the Department Mushrooms From the People’s Republic unique relationships which arise in assigns separate rates in NME cases only of China: Final Results of Sixth NMEs between individual companies if the respondent can demonstrate the Antidumping Duty New Shipper Review and the government, a separate rate will absence of both de jure and de facto and Final Results and Partial Rescission be granted to the collapsed entity only government control over export of the Fourth Antidumping Duty if the facts, taken as a whole, support activities. Thus, a separate–rates Administrative Review, 69 FR 54635, such a finding (see ‘‘Separate–Rates analysis is necessary to determine 54637 (September 9, 2004), and Determination’’ section below for whether the export activities of Rongxin accompanying Issues and Decision further discussion). and the CFP–Three Star collapsed entity Memorandum at Comment 1). We also are independent from government Separate–Rates Determination note that the rationale for collapsing, to control. prevent manipulation of price and/or In proceedings involving NME 1. Absence of De Jure Control production (see 19 CFR 351.401(f)), countries, the Department begins with a applies to both producers and exporters, rebuttable presumption that all Evidence supporting, though not if the facts indicate that producers of companies within the country are requiring, a finding of de jure absence like merchandise are affiliated as a subject to government control and thus of government control over exporter result of their mutual relationship with should be assessed a single antidumping activities includes: (1) an absence of an exporter. duty deposit rate (i.e., a country–wide restrictive stipulations associated with As noted above in the ‘‘Affiliation - rate). One respondent in this review, the individual exporter’s business and CFP and Three Star’’ section of this Dixon, is wholly owned by a company export licenses; (2) any legislative notice, we find a sufficient basis to located outside the PRC. Therefore, an enactments decentralizing control of conclude that CFP and its pencil– additional separate–rates analysis is not companies; and (3) any other formal producing subsidiaries and Three Star necessary to determine whether Dixon’s measures by the government are affiliated through the common export activities are independent from decentralizing control of companies. control by SLI pursuant to section government control. See e.g., See, e.g., Certain Preserved Mushrooms 771(33)(F) and (G) of the Act. All of Polyethylene Retail Carrier Bags From From the People’s Republic of China; CFP’s three pencil–producing the People’s Republic of China: Preliminary Results of Antidumping subsidiaries and Three Star produced Preliminary Results of Antidumping Duty Administrative Review, 71 FR at cased pencils during the POR, which Duty Administrative Review, 71 FR 64935. would be subject to the antidumping 54021, 54024 (September 13, 2006), The CFP–Three Star collapsed entity duty order if this merchandise entered citing Notice of Final Determination of and Rongxin have placed on the the United States (see factors of Sales at Less Than Fair Value: Creatine administrative record the following production data submitted by CFP and Monohydrate From the People’s documents to demonstrate absence of de Three Star in their section D responses). Republic of China, 64 FR 71104, 71105 jure control: the 1994 ‘‘Foreign Trade Therefore, we find that the first and (December 20, 1999) (the Department Law of the People’s Republic of China;’’ second collapsing criteria are met determined that the respondent wholly the ‘‘Company Law of the PRC,’’ because these producers have owned by persons located in Hong Kong effective as of July 1, 1994; and ‘‘The production facilities for producing qualifies for a separate rate). Enterprise Legal Person Registration similar or identical products, such that The other Section A respondent, Administrative Regulations,’’ no retooling at any of the three facilities Rongxin, is a limited liability company. promulgated on June 13, 1988. In other is required in order to restructure The mandatory respondents, CFP and cases involving products from the PRC, manufacturing priorities. Three Star, are a joint stock limited respondents have submitted the Finally, we find that the third company and a company ‘‘owned by all following additional documents to collapsing criterion is met in this case of the people,’’ respectively. However, demonstrate absence of de jure control, because a significant potential for CFP’s shares are held in trust in part by and the Department has placed these manipulation of price or production SLI, which is also owned by ‘‘all of the additional documents on the record of exists among CFP and Three Star. See people.’’ Moreover, SLI, as trustee, has this segment, as well: the ‘‘Law of the Affiliation/Collapsing Memo for further oversight over Three Star’s assets. As People’s Republic of China on Industrial discussion. Therefore, based on the discussed above in the ‘‘Collapsing–CFP Enterprises Owned by the Whole reasons mentioned in the Affiliation/ and Three Star’’ section of this notice, People,’’ adopted on April 13, 1988; and Collapsing Memo and the guidance of we have preliminarily considered CFP the 1992 ‘‘Regulations for 19 CFR 351.401(f), we have and Three Star as a collapsed entity. Transformation of Operational preliminarily collapsed CFP, its pencil– To establish whether a respondent is Mechanisms of State–Owned Industrial producing subsidiaries, and Three Star sufficiently independent from Enterprises.’’ See December 1, 2006, because there is a significant potential government control of its export memorandum to the file which places for manipulation of production and/or activities so as to be entitled to a the above–referenced laws on the record sales decisions among these parties. separate rate, the Department analyzes of this segment. Consequently, we have considered CFP, each entity exporting the subject As in prior cases, we have analyzed its pencil–producing subsidiaries, and merchandise under a test arising from these laws and have found them to Three Star as a single entity for the Notice of Final Determination of establish sufficiently an absence of de purposes of determining whether or not Sales at Less Than Fair Value: Sparklers jure control of joint ventures and the collapsed entity as a whole is From the People’s Republic of China, 56 companies owned by ‘‘all of the people’’ entitled to a separate rate. This decision FR 20588 (May 6, 1991), at Comment 1, absent proof on the record to the is specific to the facts presented in this and amplified in the Final contrary. See, e.g., Notice of Final review and is based on several Determination of Sales at Less Than Determination of Sales at Less than Fair

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Value: Furfuryl Alcohol from the preliminarily determined that each of data reported in the U.S. sales listing in People’s Republic of China, 60 FR 22544 these respondents has met the criteria the February 28, 2005, submission from (May 8, 1995) (‘‘Furfuryl Alcohol’’), and for the application of separate rates. Essar Steel Ltd. in the antidumping duty Notice of Preliminary Determination of Moreover, with respect to the affiliates administrative review of Certain Hot– Sales at Less Than Fair Value and included in the CFP–Three Star Rolled Carbon Steel Flat Products from Postponement of Final Determination: collapsed entity, we have assigned to all India, A–533–820 (covering December Certain Partial–Extension Steel Drawer of them the same antidumping rate in 2003 - November 2004); and (2) data Slides with Rollers from the People’s these preliminary results for the above– reported in Pidilite Industries’ March 9, Republic of China, 60 FR 29571, 29573 mentioned reasons. 2004, public version response submitted (June 5, 1995). in the antidumping duty investigation of Fair–Value Comparisons Carbazole Violet Pigment 23 from India, 2. Absence of De Facto Control To determine whether the A–533–838 (covering the period As stated in previous cases, there is respondents’ sales of subject November 2002 - September 2003). We some evidence that certain enactments merchandise were made at less than NV, identify the source used to value foreign of the PRC central government have not we compared the export price (‘‘EP’’) to inland freight in the ‘‘Normal Value’’ been implemented uniformly among NV, as described in the ‘‘Export Price’’ section of this notice, below. We different sectors and/or jurisdictions in and ‘‘Normal Value’’ sections of this adjusted these values, as appropriate, to the PRC. See Silicon Carbide, 59 FR at notice, below. account for inflation or deflation 22587. Therefore, the Department has Export Price between the effective period and the determined that an analysis of de facto POR. We calculated the inflation or control is critical in determining In accordance with section 772(a) of deflation adjustments for these values whether respondents are, in fact, subject the Act, the Department calculated EPs using the wholesale price indices to a degree of government control which for sales by the CFP–Three Star (‘‘WPI’’) for India as published in the would preclude the Department from collapsed entity to the United States International Financial Statistics Online assigning separate rates. because the subject merchandise was Service maintained by the Statistics The Department typically considers sold directly to unaffiliated customers Department of the International the following four factors in evaluating in the United States (or to unaffiliated Monetary Fund at the website http:// whether a respondent is subject to de resellers outside the United States with www.imfstatistics.org (‘‘IFS’’). facto government control of its export knowledge that the merchandise was functions: (1) whether the export prices destined for the United States) prior to Normal Value are set by, or subject to the approval of, importation, and constructed export Section 773(c)(1) of the Act provides a government agency; (2) whether the price methodology was not otherwise that, in the case of an NME, the respondent has the authority to indicated. In accordance with 19 CFR Department shall determine NV using a negotiate and sign contracts and other 351.401(c), we made deductions from factors of production (‘‘FOP’’) agreements; (3) whether the respondent the net sales price for foreign inland methodology if the merchandise is has autonomy from the government in freight and foreign brokerage and exported from an NME country and the making decisions regarding the handling for all U.S. sales. Each of these information does not permit the selection of management; and (4) services was provided by an NME calculation of NV using home–market whether the respondent retains the vendor and, thus, as explained in the prices, third–country prices, or proceeds of its export sales and makes ‘‘Normal Value’’ section below, we constructed value under section 773(a) independent decisions regarding the based the amounts of the deductions for of the Act. disposition of profits or financing of these movement charges on values from The Department will base NV on losses. See Silicon Carbide, 59 FR at a surrogate country. FOPs because the presence of 22586–87 and Furfuryl Alcohol, 60 FR Where appropriate for certain sales, government controls on various aspects at 22545. we also made deductions from the net of these NME economies renders price The affiliates in the CFP–Three Star sales price for international freight and comparisons and the calculation of collapsed entity (where applicable) and marine insurance in accordance with 19 production costs invalid under our Rongxin each has asserted the CFR 351.401(c). For international freight normal methodologies. Therefore, we following: (1) each establishes its own (i.e., ocean freight), we used the calculated NV based on FOPs in export prices; (2) each negotiates reported expenses because the accordance with sections 773(c)(3) and contracts without guidance from any respondent used a market–economy (4) of the Act and 19 CFR 351.408(c). government entities or organizations; (3) freight carrier and paid for those The FOPs include: (1) hours of labor each makes its own personnel decisions; expenses in a market–economy required; (2) quantities of raw materials and (4) each retains the proceeds of its currency. However, because the employed; (3) amounts of energy and export sales, uses profits according to its respondent used a non–market economy other utilities consumed; and (4) business needs, and has the authority to service provider for marine insurance, representative capital costs. We used the sell its assets and to obtain loans. we valued this expense based on a FOPs reported by respondents for Additionally, each respondent’s publicly available price quote from a materials, energy, labor, and packing. questionnaire responses indicate that its marine insurance provider obtained In accordance with section 773(c)(4) pricing during the POR was not from http://www.rjgconsultants.com/ of the Act, the Department valued the coordinated among exporters. As a insurance.html. FOPs, to the extent possible, using the result, there is a sufficient basis to For the reasons stated in the ‘‘Normal costs of the FOPs in one or more preliminarily determine that each Value’’ section below, we selected India market–economy countries that are at a respondent listed above (including the as the primary surrogate country. To level of economic development CFP–Three Star collapsed entity as a value brokerage and handling, the comparable to that of the PRC and are whole) has demonstrated a de facto Department used an average of the significant producers of comparable absence of government control of its publicly summarized data from the merchandise. We determined that India export functions and is entitled to a following two sources, which we have is comparable to the PRC in terms of per separate rate. Consequently, we have placed on the record of this review: (1) capita gross national product and the

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national distribution of labor. We are also guided by the statute’s accordance with the Department’s Furthermore, India is a significant legislative history that explains that it is established practice in this case (see producer of comparable merchandise. not necessary to conduct a formal e.g., Certain Cased Pencils From the See Memorandum from Ron Lorentzen, investigation to ensure that such prices People’s Republic of China: Director, Office of Policy, to Irene are not subsidized. See H.R. Rep. 100– Preliminary Results of Antidumping Darzenta–Tzafolias, Acting Office 576 at 590–91 (1988), reprinted in 1988 Duty Administrative Review and Director, Office 2, dated February 9, U.S.C.C.A.N. 1547, 1623. Rather, the Intent to Rescind in Part, 70 FR 2006, regarding potential surrogate Department bases its decision on 76755, 76759 (December 28, 2005) countries, which is available in the CRU information that is available to it at the (‘‘Prelim PRC Pencils 2003–2004 - Public File. time it is making its determination. AR’’) (unchanged in the final In accordance with 19 CFR Therefore, we have not used prices from results). 351.408(c)(1), when a producer sources these countries either in calculating the (2) For tallow, we used inflated Indian an input from a market–economy Indian import–based surrogate values or import data from the WTA for the country and pays for it in market– in calculating market–economy input period December 2003 through economy currency, the Department will values. See Factor Valuation November 2004 because normally value the factor using the Memorandum. contemporaneous data were not actual price paid for the input. See 19 Factor Valuations available. CFR 351.408(c)(1); see also Lasko Metal (3) For ferrules, kaolin clay, pigment, Section 773(c)(3) of the Act states that Products v. United States, 43 F.3d 1442, plastic toppers, master cartons, ‘‘the factors of production utilized in 1445–1446 (Fed. Cir. 1994) (affirming packing boxes, and plastic boxes, producing merchandise include, but are the Department’s use of market–based we used inflated Indian import data not limited to the quantities of raw prices to value certain FOPs). Where a from the WTA for the period materials employed.’’ Therefore, the portion of the input is purchased from December 2002 through November Department is required under the Act to a market–economy supplier and the 2003 because contemporaneous value all inputs. To calculate NV, we remainder from an NME supplier, the data were not available. multiplied the reported per–unit factor Department will normally use the price (4) For a certain input (for which the quantities by publicly available Indian paid for the inputs sourced from respondent claims proprietary surrogate values. In selecting the market–economy suppliers to value all treatment), we used inflated Indian surrogate values, we considered the import data from the WTA for the of the input, provided the volume of the quality, specificity, and market–economy inputs as a share of period December 2002 through contemporaneity of the data. November 2003 because total purchases from all sources is In accordance with section 773(c)(1) contemporaneous data were not ‘‘meaningful.’’ See Antidumping Duties; of the Act, for purposes of calculating Countervailing Duties; Final rule, 62 FR available. NV, we attempted to value the FOPs (5) To value lindenwood pencil slats, 27295, 27366 (May 19, 1997); using surrogate values that were in we used publicly available, Shakeproof v. United States, 268 F.3d effect during the POR. If we were unable published U.S. prices for American 1376, 1382 (Fed. Cir. 2001). See also 19 to obtain surrogate values that were in basswood lumber because price CFR 351.408(c)(1). effect during the POR, we adjusted the information for Chinese With regard to both the Indian values, as appropriate, to account for lindenwood and American import–based surrogate values and the inflation or deflation between the basswood is not available from any market–economy input values, we have effective period and the POR. We of the potential surrogate disregarded prices that we have reason calculated the inflation or deflation countries.9 The U.S. lumber prices to believe or suspect may be subsidized. adjustments for all factor values, as for basswood are published in the See Tapered Roller Bearings and Parts applicable, except labor, using the WPI 2006 Hardwood Market Report for Thereof, Finished and Unfinished, From for the appropriate surrogate country as the period December 4, 2004, the People’s Republic of China; Final published in the IFS. Results of 1999–2000 Administrative As appropriate, we adjusted input through November 26, 2005. Review, Partial Rescission of Review, prices by including freight costs to make (6) The CFP–Three Star collapsed and Determination Not To Revoke Order them delivered prices. Specifically, we entity reported that meaningful in Part, 66 FR 57420 (November 15, added to the Indian import surrogate percentages of its purchases of 2001), and accompanying Issues and values a surrogate freight cost calculated specific inputs were sourced from Decision Memorandum at Comment 1. using the shorter of the reported market–economy countries and We have found that India, Indonesia, distance from the domestic supplier to paid for in market–economy South Korea, and Thailand maintain the factory or the distance from the currencies. Pursuant to 19 CFR broadly available, non–industry-specific nearest port of export to the factory 351.408(c)(1), we used the actual export subsidies, and it is reasonable to where appropriate (i.e., where the sales price paid by the CFP–Three Star infer that exports to all markets from terms for the market–economy inputs collapsed entity for these inputs. these countries may be subsidized. See were not delivered to the factory). This 9 In the antidumping investigation of certain Certain Frozen Fish Fillets From the adjustment is in accordance with the cased pencils from the PRC, the Department found Socialist Republic of Vietnam: decision of the Court of Appeals for the Chinese lindenwood and American basswood to be Preliminary Results and Preliminary Federal Circuit in Sigma Corp. v. United virtually indistinguishable and thus used U.S. Partial Rescission of Antidumping Duty States, 117 F. 3d 1401 (Fed. Cir. 1997). prices for American basswood to value Chinese lindenwood. See Notice of Final Determination of Administrative Review, 70 FR 54007, We valued the FOPs as follows: Sales at Less Than Fair Value: Certain Cased 54011 (September 13, 2005) (unchanged (1) Except where noted below, we Pencils From the People’s Republic of China, 59 FR in final results); and China National valued all reported material, energy, 55625, 55632 (November 8, 1994). This Machinery Import & Export Corporation and packing inputs using Indian methodology was upheld by the Court of International Trade. See Writing Instrument v. United States, 293 F. Supp. 2d 1334, import data from the World Trade Manufacturers Association, Pencil Section, et. al. v. 1336 (Ct. Int’l. Trade 2003), aff’d 104 Atlas (‘‘WTA’’) for December 2004 United States, 984 F. Supp. 629, 639 (Ct. Int’l. Trade Fed. App. 183 (Fed. Cir. 2004). through November 2005, in 1997), aff’d 178 F.3d 1311 (Fed. Cir. 1998).

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Where applicable, we also adjusted for use in NME cases (see, e.g., Notice Three Star collapsed entity’s costs these values to account for freight of Final Determination of Sales at Less (determined as noted above) for costs incurred between the supplier Than Fair Value: Chlorinated materials, labor, and energy. and respondent. See Factor Isocyanurates From the People’s (11) We used truck rates published at Valuation Memorandum and Republic of China, 70 FR 24502 (May http://www.infreight.com to value Memorandum from the Team to the 10, 2005), and accompanying Issues and freight services provided to File, entitled Analysis for the Decision Memorandum at Comment 2. transport: (a) the finished product Preliminary Results of the The Department prefers to derive to the port; and (b) direct materials, Antidumping Duty Administrative financial ratios using data from those packing materials, and coal from Review of Certain Preserved surrogate producers whose financial the suppliers of the inputs to the Mushrooms from the People’s data will not be distorted or otherwise producers. We also used, where Republic of China: China First unreliable. In prior reviews of this appropriate, 2003 train rates Pencil Company, Ltd. (‘‘CFP’’) and product, the Department derived the obtained from Shanghai Three Star Stationery surrogate financial ratios from the www.Indianrailways.gov and a July Industry Corp. (‘‘Three Star’’) financial statement of Asia Wood 1997 inland water rate published by (‘‘Preliminary Calculation International Corporation (‘‘Asia the Inland Waterways Authority of Memorandum’’), dated December 1, Wood’’), a Filipino producer of wood India. 2006. products (see e.g., Prelim PRC Pencils For further discussion of the surrogate (7) We valued electricity using rates 2003–2004 AR, 70 FR at 76760, values we used for these preliminary from Energy Prices and Taxes: unchanged in PRC Pencils 2003–2004 results of review, see the Factor Second Quarter 2003, published by AR, 71 FR 38366). However, we Valuation Memorandum, which is on the International Energy Agency. determined to use the FY04 financial file in the CRU - Public File. We valued steam coal using the Teri statement of Camlin for purposes of the Currency Conversion Energy Data Directory & Yearbook preliminary results of this review (2004). We adjusted these values, as We made currency conversions into because: (a) India is our primary U.S. dollars, in accordance with section appropriate, to account for inflation surrogate country; (b) Camlin is an or deflation between the effective 773A(a) of the Act, based on the Indian producer of the subject exchange rates in effect on the dates of period and the POR. merchandise; and (c) Camlin’s FY04 (8) We valued steam using January– the U.S. sales, as certified by the Federal data, like Asia Wood’s data, is equally Reserve Bank. June 1999 Indian price data from contemporaneous with our POR. The the July 24, 2000 issue of PR copy of Camlin’s FY04 financial report Preliminary Results of Review Newswire. We adjusted this value, that the Department obtained appeared as appropriate, to account for We preliminarily determine that the to be missing a few pages. However, we inflation between the effective following margins exist for the period find Camlin’s FY04 report to be more period and the POR. December 1, 2004, through November (9) We valued labor, consistent with reliable and less distortive than Asia 30, 2005: 19 CFR 351.408(c)(3), using the PRC Wood’s financial data because Asia regression–based wage rate as Wood is not a producer of subject Margin Manufacturer/exporter (percent) reported on Import merchandise and is located in the Administration’s home page, Import Philippines. Moreover, we were able to obtain the omitted information in China First Pencil Company, Library, Expected Wages of Selected Ltd.(which includes its affili- NME Countries, revised in Camlin’s FY04 financial report from ates China First Pencil Fang November 2005, and posted to Camlin’s 2004–2005 (‘‘FY05’’) financial Zheng Co., Shanghai First Import Administration’s website at report. The FY05 report contained Writing Instrument Co., Ltd., http://ia.ita.doc.gov/wages. The certain relevant portions of Camlin’s Shanghai Great Wall Pencil source of this wage rate data is the FY04 data. Taken together, these two Co., Ltd., and Shanghai Three Yearbook of Labour Statistics 2003, financial statements provide complete Star Stationary Industry financial data for Camlin’s FY04 period. Corp.)10 ...... 1.33 International Labor Office, (Geneva: Pany Beijing Dixon Stationary 2003), Chapter 5B: Wages in Also, in accordance with the Company, Ltd...... 1.33 Manufacturing (http:// Department’s current practice, although Shandong Rongxin Import & Ex- laborsta.ilo.org). The years of the part of Camlin’s FY05 period was port Co., Ltd...... 1.33 reported wage rates range from 1998 contemporaneous with the POR, we did 10For this review, we consider China First to 2003. Because this regression– not use Camlin’s FY05 financial data in Pencil Company, Ltd., China First Pencil Fang based wage rate does not separate deriving surrogate ratios because Camlin Zheng Co., Shanghai First Writing Instrument the labor rates into different skill did not realize a profit during its FY05 Co., Ltd., Shanghai Great Wall Pencil Co., levels or types of labor, we have period (see e.g., Certain Helical Spring Ltd., and Shanghai Three Star Stationary In- dustry Corp. to constitute a single entity applied the same wage rate to all Lock Washers From the People’s skill levels and types of labor Republic of China: Final Results of As stated above in the ‘‘Separate– reported by the respondent. Antidumping Duty Administrative Rates Determination’’ section of this (10) We derived ratios for factory Review, 70 FR 28274 (May 17, 2005), notice, Dixon and Rongxin both qualify overhead, depreciation, and selling, and accompanying Issues and Decision for a separate rate in this review. general and administrative expenses, Memorandum at Comment 8; and Moreover, as stated above in the interest expenses, and profit for the Notice of Final Determination of Sales ‘‘Background’’ section of this notice, we finished product using the 2003–2004 at Less Than Fair Value: Barium limited this review by selecting the (‘‘FY04’’) financial statement of Camlin Carbonate From the People’s Republic largest exporters. As Section A Inc. (‘‘Camlin’’), an Indian producer of of China, 68 FR 46577 (August 6, 2003), respondents, Dixon and Rongxin will be the subject merchandise, in accordance and accompanying Issues and Decision assigned the weighted–average dumping with the Department’s practice with Memorandum at Comment 6). Finally, margin based on the calculated margins respect to selecting financial statements we applied these ratios to the CFP– of mandatory respondents which are not

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de minimis or based on adverse facts being assigned the margin calculated for Dated: December 1, 2006. available, in accordance with the CFP–Three Star collapsed entity), David M. Spooner, Department practice. See e.g., Notice of we will instruct CBP to assess Assistant Secretary for Import Final Determinations of Sales at Less antidumping duties on each of these Administration. Than Fair Value: Brake Drums and company’s entries equal to the margin [FR Doc. E6–20777 Filed 12–6–06; 8:45 am] Brake Rotors From the People’s these companies receive in the final BILLING CODE 3510–DS–S Republic of China, 62 FR 9160, 9174 results, regardless of the importer or (February 28, 1997). Accordingly, we customer. have assigned these two respondents the The Department intends to issue DEPARTMENT OF COMMERCE dumping margin assigned to the CFP– assessment instructions to CBP 15 days Three Star collapsed entity. after the date of publication of the final International Trade Administration In accordance with 19 CFR results of review. If these preliminary [A–570–862] 351.224(b), the Department will disclose results are adopted in the final results to interested parties within five days of of review, we will direct CBP to assess Foundry Coke Products from the the date of publication of this notice the the resulting assessment amounts, People’s Republic of China: Final calculations it performed for the calculated as described above, on each Results of the Expedited Sunset preliminary results. An interested party of the applicable entries during the Review of the Antidumping Duty Order may request a hearing within 30 days of review period. publication of the preliminary results. AGENCY: Import Administration, Cash Deposit Requirements See 19 CFR 351.310(c). Interested International Trade Administration, parties may submit written comments The following deposit requirements Department of Commerce. (case briefs) within 30 days of will apply to all shipments of certain SUMMARY: On August 1, 2006, the publication of the preliminary results cased pencils from the PRC entered, or Department of Commerce (‘‘the and rebuttal comments (rebuttal briefs), withdrawn from warehouse, for Department’’) initiated a sunset review which must be limited to issues raised consumption on or after the publication of the antidumping duty Order on in the case briefs, within five days after date of the final results of this Foundry Coke Products (‘‘Foundry the time limit for filing case briefs. See administrative review, as provided by Coke’’) from the People’s Republic of 19 CFR 351.309(c)(1)(ii) and 19 CFR section 751(a)(1) of the Act: (1) the cash China (‘‘PRC’’) pursuant to section 351.309(d). Parties who submit deposit rates for the reviewed 751(c) of the Tariff Act of 1930, as arguments are requested to submit with companies named above will be the amended (‘‘the Act’’). See Initiation of the argument: (1) a statement of the rates for those firms established in the Five-year (‘‘Sunset’’) Reviews, 71 FR issue; (2) a brief summary of the final results of this administrative 43443 (August 1, 2006) (‘‘Sunset argument; and (3) a table of authorities. review; (2) for any previously reviewed Initiation’’); see also Notice of Amended Further, the Department requests that or investigated PRC or non–PRC Final Determination of Sales at Less parties submitting written comments exporter, not covered in this review, Than Fair Value and Antidumping Duty provide the Department with a diskette with a separate rate, the cash deposit Order: Foundry Coke Products From the containing the public version of those rate will be the company–specific rate People’s Republic of China, 66 FR 48025 comments. We will issue a established in the most recent segment (September 17, 2001) (‘‘Order’’). On the memorandum identifying the date of a of this proceeding; (3) for all other PRC basis of notices of intent to participate hearing, if one is requested. Unless the exporters, the cash deposit rate will be and adequate substantive responses deadline is extended pursuant to section the PRC–wide rate established in the filed on behalf of the domestic 751(a)(3)(A) of the Act, the Department final results of this review; and (4) the interested parties and lack of response will issue the final results of this cash deposit rate for any non–PRC from respondent interested parties, the administrative review, including the exporter of subject merchandise from Department conducted an expedited results of our analysis of the issues the PRC will be the rate applicable to sunset review of the Order pursuant to raised by the parties in their comments, the PRC exporter that supplied that section 751(c)(3)(B) of the Act and within 120 days of publication of the exporter. These deposit requirements, section 351.218(e)(1)(ii)(C)(2) of the preliminary results. when imposed, shall remain in effect Department’s regulations. As a result of until publication of the final results of Assessment Rates this sunset review, the Department finds the next administrative review. that revocation of the Order would Upon completion of this administrative review, the Department Notification to Interested Parties likely lead to continuation or recurrence of dumping at the levels indicated in the will determine, and CBP shall assess, This notice serves as a preliminary ‘‘Final Results of Review’’ section of this antidumping duties on all appropriate reminder to importers of their notice. entries. For the CFP–Three Star responsibility under 19 CFR collapsed entity, we have calculated 351.402(f)(2) to file a certificate EFFECTIVE DATE: December 7, 2006. customer–specific antidumping duty regarding the reimbursement of FOR FURTHER INFORMATION CONTACT: assessment amounts for subject antidumping duties prior to liquidation Irene Gorelik at (202) 482–6905 or merchandise based on the ratio of the of the relevant entries during this Juanita Chen at (202) 482–1904; AD/ total amount of antidumping duties review period. Failure to comply with CVD Operations, Import calculated for the examined sales to the this requirement could result in the Administration, International Trade total quantity of sales examined. We Secretary’s presumption that Administration, U.S. Department of calculated these assessment amounts reimbursement of antidumping duties Commerce, 14th Street and Constitution because there is no information on the occurred and the subsequent assessment Avenue, NW, Washington, DC 20230. record which identifies entered values of double antidumping duties. SUPPLEMENTARY INFORMATION: or the importers of record for the CFP– We are issuing and publishing the Three Star collapsed entity’s reported preliminary results determination in Background U.S. sales transactions. For Dixon and accordance with sections 751(a)(1) and On August 1, 2006, the Department Rongxin (i.e., respondents which are 777(i)(1) of the Act. initiated a sunset review of the Order on

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Foundry Coke from the PRC pursuant to which is retained on a 100–mm (4 inch) Analysis Of Comments Received section 751(c) of the Act. See Sunset sieve, of a kind used in foundries. Initiation. The Department received The foundry coke products subject to All issues raised in this review are notices of intent to participate from the the antidumping duty order were addressed in the accompanying Issues following domestic parties within the classifiable under subheading and Decision Memorandum, which is deadline specified in 19 CFR 2704.00.00.10 (as of Jan 1, 2000) and are hereby adopted by this notice. The 351.218(d)(1)(i): ABC Coke, Citizens Gas currently classifiable under subheading issues discussed in the accompanying & Coke Utility, Erie Coke, Sloss 2704.00.00.11 (as of July 1, 2000) of the Issues and Decision Memorandum Industries Corporation, and Tonawanda Harmonized Tariff Schedule of the include the likelihood of continuation Coke Corporation (collectively, United States (‘‘HTSUS’’). Although the or recurrence of dumping and the ‘‘Petitioners’’). These parties claimed HTSUS subheadings are provided for magnitude of the dumping margin likely interested party status under section convenience and Customs purposes, our to prevail if the Order were revoked. 771(9)(C) of the Act and 19 CFR written description of the scope of the Parties can find a complete discussion 351.102(b), as domestic manufacturers order is dispositive. of all issues raised in this review and and producers of the domestic like Additionally, the Department has the corresponding recommendations in product. The Department received a issued one conclusive scope ruling this public memorandum which is on substantive response from Petitioners regarding the merchandise covered by file in the Central Records Unit, room within the 30-day deadline specified in the Order. On February 18, 2003, the B–099, of the main Commerce building. 19 CFR 351.218(d)(3)(i). The Department found that the particular In addition, a complete version of the Department did not receive a foundry coke as defined by Shanxi and Issues and Decision Memorandum can substantive response from any of the imported by Shook Group LLC and be accessed directly on the Web at respondent interested parties. As a Dajin U.S. Trading, Inc.1, is within the http://ia.ita.doc.gov and clicking on result, pursuant to section 751(c)(3)(B) scope of the Order. See Notice of Scope ‘‘Federal Register Notices’’. The paper of the Act and 19 CFR Rulings and Anticircumvention copy and electronic version of the Issues 351.218(e)(1)(ii)(C)(2), the Department Inquiries, 68 FR 7772, 7773–74 and Decision Memorandum are conducted an expedited sunset review (February 18, 2003); see also identical in content. of the Order. Memorandum from Edward C. Yang to Final Results Of Sunset Review Joseph Spetrini, Deputy Assistant Scope Of The Order Secretary: Final Scope Ruling on the The Department determines that The product covered under the Antidumping Duty Order on Foundry revocation of the Order on Foundry antidumping duty order is coke larger Coke from the People’s Republic of Coke from the PRC would likely lead to than 100 mm (4 inches) in maximum China; Shook Group LLC and Dajin U.S. continuation or recurrence of dumping diameter and at least 50 percent of Trading, Inc., dated May 31, 2002. at the rates listed below:

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

Shanxi Dajin International (Group) Co., Ltd ...... 101.62 % Sinochem International Co., Ltd...... 105.91 % Minmetals Townlord Technology Co., Ltd...... 75.58 % CITIC Trading Company, Ltd...... 48.55 % PRC–Wide Rate ...... 214.89 %

Notification Regarding Administrative sections 751(c), 752(c), and 777(i)(1) of DEPARTMENT OF COMMERCE Protective Order the Act. International Trade Administration This notice also serves as the only Dated: November 29, 2006. reminder to parties subject to Joseph A. Spetrini, [A–570–875] administrative protective order (‘‘APO’’) Acting Assistant Secretary for Import of their responsibility concerning the Administration. Non–Malleable Cast Iron Pipe Fittings return or destruction of proprietary [FR Doc. E6–20695 Filed 12–6–06; 8:45 am] from the Peoples’ Republic of China; information disclosed under APO in BILLING CODE 3510–DS–S Notice of Extension of Time Limit for accordance with 19 CFR 351.305. Preliminary Results of Antidumping Timely notification of the return or Duty Administrative Review destruction of APO materials or AGENCY: Import Administration, conversion to judicial protective order is International Trade Administration, hereby requested. Failure to comply Department of Commerce. with the regulations and terms of an EFFECTIVE DATE: December 7, 2006. APO is a violation which is subject to FOR FURTHER INFORMATION CONTACT: sanction. Karine Gziryan or Mark Manning, AD/ We are issuing and publishing these CVD Operations, Office 4, Import results and notice in accordance with Administration, International Trade

1 Shook and Dajin did not challenge that above sold as being over 100 mm. We found that this issue retained on a 100 mm sieve, such coke is within 100 mm coke should be considered foundry coke. was clearly addressed in the investigation at the the scope of the order. We found that this Rather, Shook and Dajin challenged the application Final Determination, wherein it was determined conclusion was consistent with the scope of the of an industry standard test, and whether the 50 that the 50 percent condition applies only to that investigation and the order, as defined in the percent condition of the test applied to the entire portion of the shipment sold as larger than 100 mm petition, as well as the Department’s and the ITC’s shipment or a portion of the shipment which was coke, and if at least 50 percent of such coke is determinations.

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Administration, U.S. Department of Dated: November 30, 2006. 27, 2006). On October 25, 2006, Commerce, 14th Street and Constitution Stephen J. Claeys, petitioners submitted a letter Avenue, NW, Washington, DC 20230; Deputy Assistant Secretary for Import withdrawing their request for an telephone: (202) 482–4081 or (202) 482– Administration. administrative review of Kohap, Ltd. 5253, respectively. [FR Doc. E6–20692 Filed 12–6–06; 8:45 am] See letter from petitioners dated October 25, 2006. SUPPLEMENTARY INFORMATION: BILLING CODE 3510–DS–S Rescission of Review Background DEPARTMENT OF COMMERCE 19 CFR 351.213(d)(1) provides that On May 31, 2006, the Department of the Department will rescind an Commerce (‘‘Department’’) published a International Trade Administration administrative review if the party that requested the review withdraws its notice of initiation of administrative [A–580–807] review of the antidumping duty order request for review within 90 days of the on non–malleable cast iron pipe fittings Polyethylene Terephthalate Film, date of publication of the notice of initiation of the requested review, or from the Peoples’ Republic of China Sheet, and Strip from South Korea: withdraws its request for review at a (‘‘PRC’’). See Initiation of Antidumping Notice of Rescission of Antidumping Duty Administrative Review later date if the Department determines and Countervailing Duty Administrative it is reasonable to extend the time limit Reviews and Request for Revocation in AGENCY: Import Administration, for withdrawing the request. In response Part, 71 FR 30864 (May 31, 2006). The International Trade Administration, to petitioners’ withdrawal of their period of review is April 1, 2005, Department of Commerce. request for an administrative review, through March 31, 2006. The SUMMARY: The Department of Commerce and because the request was timely preliminary results of this (the Department) is rescinding its withdrawn, the Department hereby administrative review are currently due administrative review of the rescinds the administrative review of no later than January 2, 2007. antidumping duty order on the antidumping duty order on PET film Extension of Time Limit for Preliminary polyethylene terephthalate film, sheet, from South Korea for the period June 1, Results and strip from South Korea for the 2005, through May 31, 2006. period June 1, 2005 to May 31, 2006. The Department will issue Pursuant to section 751(a)(3)(A) of the EFFECTIVE DATE: December 7, 2006. appropriate assessment instructions directly to U.S. Customs and Border Tariff Act of 1930, as amended (‘‘Act’’), FOR MORE INFORMATION CONTACT: the Department shall make a Protection (CBP) within 15 days of the Michael J. Heaney or Robert James AD/ publication of this notice. The preliminary determination in an CVD Operations, Office 7, Import administrative review of an Department will direct CBP to assess Administration, International Trade antidumping duties for Kohap, Ltd. at antidumping order within 245 days after Administration, U.S. Department of the last day of the anniversary month of the cash deposit rate in effect on the Commerce, 14th Street and Constitution date of entry for entries during the the date of publication of the order. Avenue, NW, Washington, DC 20230; Section 751(a)(3)(A) of the Act further period June 1, 2005, through May 31, telephone: (202) 482–4475 and (202) 2006. provides, however, that the Department 482–0649, respectively. may extend the 245-day period to 365 SUPPLEMENTARY INFORMATION: Notification to Importers days if it determines it is not practicable This notice serves as a final reminder Background to complete the review within the to importers of their responsibility foregoing time period. The Department On June 2, 2006, the Department under 19 CFR 351.402(f) to file a determines that it is not practicable to published in the Federal Register its certificate regarding the reimbursement complete this administrative review notice of opportunity to request an of antidumping duties prior to within the time limits mandated by administrative review of the liquidation of the relevant entries section 751(a)(3)(A) of the Act because antidumping duty order on during this review period. Failure to this review involves examining a polyethylene terephthalate film, sheet, comply with this requirement could number of complex issues related to and strip (PET film) from South Korea result in the Secretary’s assumption that factors of production and surrogate for the period June 1, 2005, through May reimbursement of antidumping duties values. The Department requires 31, 2006. See Antidumping of occurred and subsequent assessment of additional time to issue and analyze Countervailing Duty Order, Finding, or double antidumping duties. supplemental questionnaires regarding Suspended Investigation; Opportunity This notice also serves as a reminder these issues. Therefore, in accordance to Request Administrative Review, 71 to parties subject to administrative with section 751(a)(3)(A) of the Act, the FR 32032 (June 2, 2006). In response, on protective order (APO) of their Department is extending the time period June 30, 2006, DuPont Teijin Films, responsibility concerning the for completing the preliminary results of Mitsubishi Polyester Film, Inc., and disposition of proprietary information this administrative review until April Toray Plastics (America), Inc. disclosed under APO in accordance 30, 2007, which is 365 days from the (collectively, the petitioners) timely with 19 C.F.R. 351.305(a)(3). Timely requested an administrative review of last day of the anniversary month of the written notification of the return/ Kohap, Ltd., a manufacturer/exporter of date of publication of the order. The destruction of APO materials or subject merchandise. No other party in deadline for the final results of the conversion to judicial protective order is this case requested an administrative hereby requested. Failure to comply review continues to be 120 days after review. On July 27, 2006, the with the regulations and the terms of an the publication of the preliminary Department initiated an administrative APO is a sanctionable violation. results. review of Kohap, Ltd. See Initiation of This notice is published in This extension notice is issued and Antidumping and Countervailing Duty accordance with section 777(i)(1) of the published in accordance with sections Administrative Reviews and Request for Tariff Act of 1930, as amended, and 19 751(a)(3)(A) and 777(i) of the Act. Revocation in Part, 71 FR 42626 (July CFR 351.213(d)(4).

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Dated: December 1, 2006. imports meeting the following Absent any comments, the Stephen J. Claeys, description: certain valve/stem stainless Department concluded preliminarily Deputy Assistant Secretary for Import steel round bar of 21–2N modified that producers accounting for Administration. grade, having a diameter of 5.7 substantially all of the production of the [FR Doc. E6–20773 Filed 12–6–06; 8:45 am] millimeters (with a tolerance of 0.025 domestic like product to which this BILLING CODE 3510–DS–S millimeters), in length no greater than order pertains lacked interest in the 15 meters, having a chemical relief provided by this order with composition consisting of a minimum of respect to the product in question. See DEPARTMENT OF COMMERCE 0.50 percent and a maximum of 0.60 Preliminary Results. The Department percent of carbon, a minimum of 7.50 invited interested parties to comment on International Trade Administration percent and a maximum of 9.50 percent its preliminary determination to revoke [A–588–833] of manganese, a maximum of 0.25 the order, in part. The Department did percent of silicon, a maximum of 0.04 not receive comments from any Final Results of Antidumping Duty percent of phosphorus, a maximum of interested parties. 0.03 percent of sulfur, a minimum of Changed–Circumstances Review and Scope of the Order Revocation of Order in Part: Stainless 20.0 percent and a maximum of 22.00 Steel Bar from Japan percent of chromium, a minimum of The scope of the order covers 2.00 percent and a maximum of 3.00 stainless steel bar (SSB). The term SSB AGENCY: Import Administration, percent of nickel, a minimum of 0.20 with respect to the order means articles International Trade Administration, percent and a maximum of 0.40 percent of stainless steel in straight lengths that Department of Commerce. of nitrogen, a minimum of 0.85 percent have been either hot–rolled, forged, SUMMARY: On November 8, 2006, the of the combined content of carbon and turned, cold–drawn, cold–rolled or Department of Commerce (the nitrogen, and a balance minimum of otherwise cold–finished, or ground, Department) published a notice of iron, having a maximum core hardness having a uniform solid cross section preliminary results of changed– of 385 HB and a maximum surface along their whole length in the shape of circumstances review with the intent to hardness of 425 HB, with a minimum circles, segments of circles, ovals, revoke, in part, the antidumping duty hardness of 270 HB for annealed rectangles (including squares), triangles, order on stainless steel bar from Japan, material. See TRW’s letter to the hexagons, octagons or other convex as described below. See Preliminary Secretary, dated August 28, 2006. TRW polygons. SSB includes cold–finished Results of Antidumping Duty Changed– requested that the Department revoke SSBs that are turned or ground in Circumstances Review and Notice of the order in part retroactively to straight lengths, whether produced from Intent to Revoke Order in Part: Stainless February 1, 2006, the beginning of the hot–rolled bar or from straightened and Steel Bar from Japan, 71 FR 65465 anniversary month of the order. On cut rod or wire, and reinforcing bars that (November 8, 2006) (Preliminary September 18, 2006, the petitioners and have indentations, ribs, grooves, or Results). In our Preliminary Results, we domestic interested parties1 provided a other deformations produced during the invited interested parties to comment on letter attesting to their expressed lack of rolling process. Except as specified the preliminary determination to interest in having this merchandise above, the term does not include exclude 21–2N modified valve/stem continue to be subject to the stainless steel semi–finished products, stainless steel round bar from Japan antidumping duty order on stainless cut–length flat–rolled products (i.e., (product in question), as described steel bar from Japan. cut–length rolled products which if less below, from the scope of the order. The In response to the request made by the than 4.75 mm in thickness have a width Department received no comments and interested party, TRW, within the measuring at least 10 times the is, therefore, revoking the order in part. meaning of section 771(9) of the Tariff thickness, or if 4.75 mm or more in EFFECTIVE DATE: December 7, 2006. Act of 1930, as amended (the Act), and thickness having a width which exceeds the expressed lack of interest from the 150 mm and measures at least twice the FOR FURTHER INFORMATION CONTACT: petitioners and domestic interested thickness), wire (i.e., cold–formed Dmitry Vladimirov or Minoo Hatten, parties, on October 16, 2006, the products in coils, of any uniform solid AD/CVD Operations, Office 5, Import Department published a notice of cross section along their whole length, Administration, International Trade initiation of a changed–circumstances which do not conform to the definition Administration, Department of review of the antidumping duty order of flat–rolled products), and angles, Commerce, 14th Street and Constitution on stainless steel bar from Japan. See shapes and sections. The SSB subject to Avenue, NW, Washington, DC 20230; Initiation of Antidumping Duty this order is currently classifiable under telephone: (202) 482–0665 or (202) 482– Changed–Circumstances Review: subheadings 7222.10.0005, 1690. Stainless Steel Bar from Japan, 71 FR 7222.10.0050, 7222.20.0005, SUPPLEMENTARY INFORMATION: 60691 (October 16, 2006) (Initiation 7222.20.0045, 7222.20.0075, and Background Notice). In the Initiation Notice, the 7222.30.0000 of the Harmonized Tariff Department indicated that interested Schedule of the United States (HTSUS). The Department published the parties could submit comments for Although the HTSUS subheadings are antidumping duty order on stainless consideration in the Department’s provided for convenience and customs steel bar from Japan on February 21, preliminary results no later than 15 days purposes, our written description of the 1995. See Notices of Antidumping Duty after publication of the initiation of this scope of this order is dispositive. Orders: Stainless Steel Bar from Brazil, review. The Department did not receive India, and Japan, 60 FR 9661 (February comments from interested parties. Final Result of Review and Revocation 21, 1995). On August 28, 2006, TRW of Antidumping Duty Order, In Part Fuji Valve, Inc. (TRW), a U.S. importer 1 The petitioners and domestic interested parties Pursuant to sections 751(d)(1) and of the subject merchandise, requested a include Carpenter Technology Corp., Crucible 782(h)(2) of the Act, the Department changed–circumstances review to Specialty Metals Division of Crucible Materials may revoke an antidumping duty order Corp., Electralloy Corp., North American Stainless, exclude from the antidumping duty Universal Stainless and Alloy Products, Inc., and based on a review under section 751(b) order on stainless steel bar from Japan Valbruna Slater Stainless, Inc. of the Act (i.e., a changed–

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circumstances review). Section 751(b)(1) question entered, or withdrawn from continuation or recurrence of of the Act requires a changed– warehouse, for consumption on or after countervailable subsidies at the levels circumstances review to be conducted February 1, 2006. We will also instruct indicated in the ‘‘Final Results of upon receipt of a request which shows CBP to release any cash deposits or Review’’ section of this notice. changed circumstances sufficient to bonds and pay interest on such refunds EFFECTIVE DATE: December 7, 2006. warrant a review. in accordance with section 778 of the In the instant review, based on the Act and 19 CFR 351.222(g)(4). FOR FURTHER INFORMATION CONTACT: information provided by TRW and the This changed–circumstances review, Darla Brown at (202) 482–2849 lack of comments from the petitioners partial revocation of antidumping duty (Argentina, Indonesia), Preeti Tolani at and domestic interested parties, the order, and notice are completed and (202) 482–0395 (India), Elfi Blum at Department found preliminarily that the published in accordance with sections (202) 482–0197 (South Africa), Myrna continued relief provided by the order 751(b) and (d), 782(h), and 777(i)(1) of Lobo at (202)482–2371 (Thailand), or with respect to the product in question the Act and sections 351.216(e) and Dana Mermelstein at (202) 482–1391, from Japan is no longer of interest to the 351.222(g)(3)(vii) of the Department’s AD/CVD Operations, Office 6, Import domestic industry. See Preliminary regulations. Administration, International Trade Results, 71 FR at 65466. We did not Dated: November 30, 2006. Administration, U.S. Department of Commerce, 14th Street and Constitution receive any comments on our David M. Spooner, Preliminary Results. Therefore, the Ave., NW., Washington, DC 20230. Assistant Secretary for Import Department is revoking the order on Administration. SUPPLEMENTARY INFORMATION: stainless steel bar from Japan with [FR Doc. E6–20780 Filed 12–6–06; 8:45 am] regard to the product that meets the Background BILLING CODE 3510–DS–S following specifications: certain valve/ On August 1, 2006, the Department stem stainless steel round bar of 21–2N initiated the first sunset reviews of the modified grade, having a diameter of 5.7 DEPARTMENT OF COMMERCE countervailing duty orders on hot– millimeters (with a tolerance of 0.025 rolled steel from Argentina, India, millimeters), in length no greater than International Trade Administration Indonesia, South Africa, and Thailand, 15 meters, having a chemical pursuant to section 751(c) of the Act. composition consisting of a minimum of [C–357–815, C–533–821, C–560–813, C–791– 810, C–549–818] See First Sunset Reviews. The 0.50 percent and a maximum of 0.60 Department received notices of intent to percent of carbon, a minimum of 7.50 Hot–Rolled Carbon Steel Flat Products participate from United States Steel percent and a maximum of 9.50 percent from Argentina, India, Indonesia, South Corporation (U.S. Steel), Mittal Steel of manganese, a maximum of 0.25 Africa, and Thailand: Final Results of USA Inc. (Mittal USA), Nucor percent of silicon, a maximum of 0.04 Expedited Five–Year (Sunset) Reviews Corporation (Nucor), Gallatin Steel Co., percent of phosphorus, a maximum of of the Countervailing Duty Orders IPSCO Steel Inc. (IPSCO), Steel 0.03 percent of sulfur, a minimum of Dynamics, Inc. (collectively, domestic 20.0 percent and a maximum of 22.00 AGENCY: Import Administration, interested parties), and the United Steel, percent of chromium, a minimum of International Trade Administration, Paper and Forestry, Rubber, 2.00 percent and a maximum of 3.00 Department of Commerce. Manufacturing, Energy, Allied percent of nickel, a minimum of 0.20 SUMMARY: On August 1, 2006, the Industrial and Service Workers percent and a maximum of 0.40 percent Department of Commerce (the International Union, AFL–CIO-CLC of nitrogen, a minimum of 0.85 percent Department) published in the Federal (USW), within the deadline specified in of the combined content of carbon and Register the notice of initiation of the 19 CFR 351.218(d)(1)(i). Domestic nitrogen, and a balance minimum of first five–year sunset reviews of the iron, having a maximum core hardness countervailing duty orders on certain interested parties and USW claimed of 385 HB and a maximum surface hot–rolled carbon steel flat products interested party status under sections hardness of 425 HB, with a minimum (hot–rolled steel) from Argentina, India, 771(9)(C) and (D) of the Act, as U.S. hardness of 270 HB for annealed Indonesia, South Africa, and Thailand, producers and a certified union engaged material. pursuant to section 751(c) of the Tariff in the manufacture, production, or We will instruct U.S. Customs and Act of 1930, as amended (the Act). See wholesale of hot–rolled steel in the Border Protection (CBP) to liquidate Initiation of Five–Year (Sunset) Reviews, United States. without regard to antidumping duties 71 FR 43443 (August 1, 2006) (Initiation On August 31, 2006, the Department and to refund any estimated of First Sunset Reviews). On the basis of received a substantive response for each antidumping duties collected on entries notices of intent to participate and order from domestic interested parties of all shipments of the product in adequate substantive responses filed on within the deadline specified in 19 CFR question that are not covered by the behalf of domestic interested parties, 351.218(d)(3)(i). The Department did final results of an administrative review and inadequate responses from not receive any responses from any or automatic liquidation. The most respondent interested parties (in these respondent interested party to this recent period for which the Department cases, no responses from the proceeding. In accordance with 19 CFR has completed an administrative review governments of Argentina, India, 351.218(e)(1)(ii)(C)(1), the Department or ordered automatic liquidation under Indonesia, South Africa, and Thailand, notified the International Trade 19 CFR 351.212(c) is February 1, 2005, or any of the respondent companies Commission (ITC) that respondent through January 31, 2006. Any prior covered by the orders), the Department interested parties to the CVD orders on entries are subject to either the final has conducted expedited sunset reviews hot–rolled steel from Argentina, India, results of review or automatic of these orders pursuant to section Indonesia, South Africa, and Thailand, liquidation. Therefore, we will instruct 751(c)(3)(B) of the Act and 19 CFR provided inadequate responses to the CBP to liquidate, without regard to 351.218(e)(1)(ii)(B). As a result of these Initiation of First Sunset Reviews. The antidumping duties, shipments of sunset reviews, the Department finds Department, therefore, has conducted stainless steel bar from Japan meeting that revocation of the countervailing expedited sunset reviews of the the specifications of the product in duty orders is likely to lead to countervailing duty orders, pursuant to

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19 CFR 351.218(e)(1)(ii)(B) and contains micro–alloying levels of 7208.27.00.30, 7208.27.00.60, 351.218(e)(1)(ii)(C)(2). elements such as silicon and aluminum. 7208.36.00.30, 7208.36.00.60, Since the publication of the Steel products included in the scope 7208.37.00.30, 7208.37.00.60, countervailing duty orders (see Notice of these orders, regardless of definitions 7208.38.00.15, 7208.38.00.30, of Countervailing Duty Order: Certain in the Harmonized Tariff Schedule of 7208.38.00.90, 7208.39.00.15, Hot–Rolled Carbon Steel Flat Products the United States (HTSUS), are products 7208.39.00.30, 7208.39.00.90, from Argentina, 66 FR 47173 in which: (i) iron predominates, by 7208.40.60.30, 7208.40.60.60, (September 11, 2001), Notice of weight, over each of the other contained 7208.53.00.00, 7208.54.00.00, Amended Final Determination and elements; (ii) the carbon content is 2 7208.90.00.00, 7211.14.00.90, Notice of Countervailing Duty Orders: percent or less, by weight; and (iii) none 7211.19.15.00, 7211.19.20.00, Certain Hot–Rolled Carbon Steel Flat of the elements listed below exceeds the 7211.19.30.00, 7211.19.45.00, Products From India and Indonesia, 66 quantity, by weight, respectively 7211.19.60.00, 7211.19.75.30, FR 60198 (December 3, 2001), Notice of indicated: 7211.19.75.60, and 7211.19.75.90. Countervailing Duty Order: Certain Hot– 1.80 percent of manganese, or Certain hot–rolled carbon steel flat Rolled Carbon Steel Flat Products from 2.25 percent of silicon, or products covered by these orders, South Africa, 66 FR 60201 (December 3, 1.00 percent of copper, or including vacuum degassed fully 2001), and Notice of Countervailing 0.50 percent of aluminum, or stabilized, high strength low alloy, and 1.25 percent of chromium, or Duty Order: Certain Hot–Rolled Carbon the substrate for motor lamination steel, 0.30 percent of cobalt, or may also enter under the following tariff Steel Flat Products from Thailand, 66 0.40 percent of lead, or numbers: 7225.11.00.00, 7225.19.00.00, FR 60197 (December 3, 2001), with the 1.25 percent of nickel, or 7225.30.30.50, 7225.30.70.00, exception of the countervailing duty 0.30 percent of tungsten, or 7225.40.70.00, 7225.99.00.90, order on hot–rolled steel from India, 0.10 percent of molybdenum, or 7226.11.10.00, 7226.11.90.30, there have been no administrative 0.10 percent of niobium, or 7226.11.90.60, 7226.19.10.00, reviews of these orders. 0.15 percent of vanadium, or 7226.19.90.00, 7226.91.50.00, Scope of the Orders 0.15 percent of zirconium. 7226.91.70.00, 7226.91.80.00, and All products that meet the physical 7226.99.00.00. Subject merchandise ARGENTINA, INDIA, INDONESIA, and chemical descriptions provided may also enter under 7210.70.30.00, SOUTH AFRICA, THAILAND above are within the scope of these 7210.90.90.00, 7211.14.00.30, The merchandise subject to these orders unless otherwise excluded. The 7212.40.10.00, 7212.40.50.00, and countervailing duty orders is certain following products, by way of example, 7212.50.00.00. Although the HTSUS hot–rolled carbon steel flat products of are outside or specifically excluded subheadings are provided for a rectangular shape, of a width of 0.5 from the scope of these orders: convenience and customs purposes, the inch or greater, neither clad, plated, nor - Alloy hot–rolled steel products in Department’s written description of the coated with metal and whether or not which at least one of the chemical merchandise subject to these painted, varnished, or coated with elements exceeds those listed above countervailing duty orders is plastics or other non–metallic (including, e.g., American Society for dispositive. Testing and Materials (ASTM) substances, in coils (whether or not in Analysis of Comments Received successively superimposed layers), specifications A543, A387, A514, A517, All issues raised in the substantive regardless of thickness, and in straight A506). - Society of Automotive Engineers responses by parties to these sunset lengths, of a thickness of less than 4.75 (SAE)/American Iron & Steel Institute reviews are addressed in the Issues and mm and of a width measuring at least (AISI) grades of series 2300 and higher. Decision Memorandum for Final Results 10 times the thickness. Universal mill - Ball bearings steels, as defined in the of Expedited Five–Year (Sunset) plate (i.e., flat–rolled products rolled on HTSUS. Reviews of the Countervailing Duty four faces or in a closed box pass, of a - Tool steels, as defined in the HTSUS. Orders on Certain Hot–Rolled Carbon width exceeding 150 mm, but not - Silico–manganese (as defined in the Steel Flat Products from Argentina, exceeding 1250 mm, and of a thickness HTSUS) or silicon electrical steel with India, Indonesia, South Africa, and of not less than 4 mm, not in coils and a silicon level exceeding 2.25 percent. Thailand, from Stephen J. Claeys, without patterns in relief) of a thickness - ASTM specifications A710 and A736. Deputy Assistant Secretary for Import not less than 4.0 mm is not included - USS Abrasion–resistant steels (USS AR Administration, to David M. Spooner, within the scope of this investigation. 400, USS AR 500). Assistant Secretary for Import Specifically included within the - All products (proprietary or otherwise) Administration, dated November 29, scope of these orders are vacuum based on an alloy ASTM specification 2006 (Decision Memo), which is hereby degassed, fully stabilized (commonly (sample specifications: ASTM A506, adopted by this notice. The issues referred to as interstitial–free (IF)) steels, A507). discussed in the Decision Memo include high strength low alloy (HSLA) steels, the likelihood of continuation or and the substrate for motor lamination - Non–rectangular shapes, not in coils, recurrence of a countervailable subsidy, steels. IF steels are recognized as low which are the result of having been the net countervailable subsidy rate carbon steels with micro–alloying levels processed by cutting or stamping and likely to prevail if the orders were of elements such as titanium or niobium which have assumed the character of revoked and the nature of the subsidy. (also commonly referred to as articles or products classified outside Parties can find a complete discussion columbium), or both, added to stabilize chapter 72 of the HTSUS. of all issues raised in these sunset carbon and nitrogen elements. HSLA The merchandise subject to these reviews and the corresponding steels are recognized as steels with orders is classified in the HTSUS at recommendation in this public micro–alloying levels of elements such subheadings: 7208.10.15.00, memorandum which is on file in B–099, as chromium, copper, niobium, 7208.10.30.00, 7208.10.60.00, the Central Records Unit, of the main vanadium, and molybdenum. The 7208.25.30.00, 7208.25.60.00, Commerce building. In addition, a substrate for motor lamination steels 7208.26.00.30, 7208.26.00.60, complete version of the Decision Memo

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can be accessed directly on the THAILAND that are being provided an allocation are Department’s Web page at http:// listed below. ia.ita.doc.gov/frn. The paper copy and Manufacturer/Exporter Subsidy Rate FOR FURTHER INFORMATION CONTACT: electronic version of the Decision Memo Sergio Botero, Office of Textiles and Sahaviriya Steel Indus- are identical in content. tries Public. Apparel, U.S. Department of Commerce, (202) 482-4058. Final Results of Review Company Lim- ited (SSI) ..... 2.38 % ad valorem SUPPLEMENTARY INFORMATION: All others ...... 2.38 % ad valorem The Department determines that BACKGROUND: revocation of the countervailing duty orders on hot–rolled steel from International Trade Commission (ITC) Title V of the Trade and Development Argentina, India, Indonesia, South Notification Act of 2000 as amended by the Trade Act of 2002, the Miscellaneous Trade Africa, and Thailand would be likely to In accordance with section 752(b)(3) Act of 2004 and the Pension Protection lead to continuation or recurrence of of the Act, we will notify the ITC of the Act of 2006, creates two tariff rate countervailable subsidies at the final results of these full sunset reviews. quotas, providing for temporary following subsidy rates: Administrative Protective Orders reductions in the import duties on two categories of worsted wool fabrics ARGENTINA This notice also serves as the only reminder to parties subject to suitable for use in making suits, suit- type jackets, or trousers. For worsted Manufacturer/Exporter Subsidy Rate administrative protective orders (APO) of their responsibility concerning the wool fabric with average fiber diameters Siderar Sociedad return or destruction of proprietary greater than 18.5 microns (Harmonized Anomina. information disclosed under APO in Tariff Schedule of the United States Industrial & accordance with 19 CFR 351.305. (HTSUS) heading 9902.51.11), the Commercial Timely notification of the return or reduction in duty is limited to 5,500,000 (Siderar) ...... 41.69 % ad destruction of APO materials or square meters in 2007. For worsted wool valorem conversion to judicial protective order is fabric with average fiber diameters of All others ...... 41.69 % ad 18.5 microns or less (HTSUS heading valorem hereby requested. Failure to comply with the regulations and terms of an 9902.51.15), the reduction is limited to APO is a violation which is subject to 5,000,000 square meters in 2007. The INDIA sanction. Act requires the President to ensure that We are issuing and publishing these such fabrics are fairly allocated to Manufacturer/Exporter Subsidy Rate determinations and notice in persons (including firms, corporations, accordance with sections 751(c), 752, or other legal entities) who cut and sew Essar Steel Limited and 777(i) of the Act. men’s and boys’ worsted wool suits and (Essar) ...... 12.90 % ad suit-like jackets and trousers in the valorem Dated: November 29, 2006. United States and who apply for an Ispat Industries Limited Joseph A. Spetrini, allocation based on the amount of such (Ispat) ...... 36.51 % ad Acting Assistant Secretary for Import suits cut and sewn during the prior valorem Administration. calendar year. Presidential Proclamation Steel Authority of India [FR Doc. E6–20699 Filed 12–6–06; 8:45 am] 7383, of December 1, 2000, authorized Limited (SAIL) ...... 22.89 % ad BILLING CODE 3510–DS–S the Secretary of Commerce to allocate valorem the quantity of worsted wool fabric Tata Iron and Steel imports under the tariff rate quotas. Company Limited DEPARTMENT OF COMMERCE (TISCO) ...... 13.79 % ad The Miscellaneous Trade Act of 2004 also authorized Commerce to allocate a valorem International Trade Administration All Others ...... 20.72 % ad new HTS category, HTS 9902.51.16. valorem Notice of Allocation of Tariff Rate This HTS refers to worsted wool fabric Quotas (TRQ) on the Import of Certain with average fiber diameter of 18.5 microns or less. The amendment further INDONESIA Worsted Wool Fabrics for Calendar Year 2007 provides that HTS 9902.51.16 is for the benefit of persons (including firms, Manufacturer/Exporter Subsidy Rate AGENCY: Department of Commerce, corporations, or other legal entities) who International Trade Administration. weave worsted wool fabric in the United P.T. Krakatau Steel ...... 10.21 % ad States. For HTS 9902.51.16, the valorem ACTION: Notice of allocation of 2007 reduction in duty is limited to 2,000,000 All others ...... 10.21 % ad worsted wool fabric tariff rate quota. valorem square meters in 2007. SUMMARY: The Department of Commerce On January 22, 2001 the Department (Department) has determined the published interim regulations SOUTH AFRICA allocation for Calendar Year 2007 of establishing procedures for applying for, imports of certain worsted wool fabrics and determining, such allocations (66 Manufacturer/Exporter Subsidy Rate under tariff rate quotas established by FR6459, 15 CFR 335). These interim Title V of the Trade and Development regulations were adopted, without Saldanha Steel (Pty.) Act of 2000 (Public Law No. 106-200), change, as a final rule published on Ltd. (Saldanha)/. as amended by the Trade Act of 2002 October 24, 2005 (70 FR 61363). On Iscor Ltd. (Public Law 107-210), the Miscellaneous August 29, 2006 the Department (Iscor) ...... 5.76 % ad valorem Trade Act of 2004 (Public law 108-249), published a notice in the Federal All others ...... 5.76 % ad valorem and the Pension Protection Act of 2006 Register (71 FR 51187) soliciting (Public Law 109-280). The companies applications for an allocation of the

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2007 tariff rate quotas with a closing HTS 9902.51.16, FABRICS, OF WORSTED olive ridley, hawksbill, and leatherback date of September 28, 2006. The WOOL, WITH AVERAGE FIBER DIAMETER sea turtles had been submitted by the Department received timely OF 18.5 MICRON OR LESS, CERTIFIED BY above-named organization. The applications for the HTS 9902.51.11 THE IMPORTER AS SUITABLE FOR USE IN requested permit has been issued under tariff rate quota from 11 firms. The MAKING MEN’S AND BOYS SUITS (PRO- the authority of the Endangered Species Department received timely VIDED FOR IN SUBHEADING 5112.11.30 Act of 1973, as amended (ESA; 16 applications for the HTS 9902.51.15 AND 5112.19.60). U.S.C. 1531 et seq.) and the regulations tariff rate quota from 15 firms. The Amount allocated: 2,000,000 square meters. governing the taking, importing, and Department received a timely exporting of endangered and threatened Company Receiving Allocation: application for the HTS 9902.51.16 tariff species (50 CFR parts 222–226). rate quota from 1 firm. All applicants Warren Corporation.-Stafford Springs, CT were determined eligible for an The research will evaluate Dated: December 4, 2006 allocation. Most applicants submitted modifications to commercial fishing data on a business confidential basis. As Philip J. Martello, gear to mitigate sea turtle interactions allocations to firms were determined on Acting Deputy Assistant Secretary for and capture. These evaluations and the basis of this data, the Department Textiles, Apparel and Consumer Goods subsequent gear modifications will help Industries, Department of Commerce. considers individual firm allocations to to reduce incidental turtle bycatch in be business confidential. [FR Doc.E6–20771 Filed 12–6–06; 8:45 am] the gear types studied. By assessing BILLING CODE 3510–DS–S FIRMS THAT RECEIVED those animals incidentally captured, the ALLOCATIONS research will also provide new data to DEPARTMENT OF COMMERCE improve stock assessments, assess the FIRMS THAT RECEIVED ALLOCA- impact of anthropogenic activities, TIONS: HTS 9902.51.11, FABRICS, OF National Oceanic and Atmospheric better manage and, ultimately, recover WORSTED WOOL, WITH AVERAGE FIBER Administration these species. The research will take up DIAMETER GREATER THAN 18.5 MICRON, to 253 loggerhead, 101 Kemp’s ridley, CERTIFIED BY THE IMPORTER AS SUIT- [I.D. 112906B] 112 leatherback, 51 green, 37 hawksbill, ABLE FOR USE IN MAKING SUITS, SUIT- Endangered Species; File No. 1570 36 olive ridley sea turtles, and 88 TYPE JACKETS, OR TROUSERS (PROVIDED unidentified hardshell species (e.g., a FOR IN SUBHEADING 5112.11.60 AND AGENCY: National Marine Fisheries turtle that escaped from the gear before 5112.19.95). Service (NMFS), National Oceanic and identification could be made) annually. Amount allocated: 5,500,000 square meters. Atmospheric Administration (NOAA), A total of up to 3 loggerhead, 2 Kemp’s Commerce. ridley, 2 green, 1 leatherback, 1 Companies Receiving Allocation: ACTION: Notice; issuance of permit. hawksbill, and 1 olive ridley sea turtle Adrian Jules LTD-Rochester, NY may be taken lethally over the course of Hartmarx Corporation--Chicago, Ill SUMMARY: Notice is hereby given that Hartz & Company, Inc.--Frederick, MD the permit. Animals would be handled, the Southeast Fisheries Science Center measured, weighed, photographed, Hugo Boss Cleveland, Inc-Brooklyn, OH (SEFSC), NMFS, 75 Virginia Beach JA Apparel Corp.--New York, NY flipper tagged, passive integrated Drive, Miami, Florida 33149, has been John H. Daniel Co.--Knoxville, TN transponder tagged, skin biopsied, and issued a permit to take green (Chelonia Majer Brands Company, Inc.--Hanover, PA released. A subset of these animals Saint Laurie Ltd--New York, NY mydas), loggerhead (Caretta caretta), Sewell Clothing Company, Inc.--Bremen, GA Kemp’s ridley (Lepidochelys kempii), would be captured by trawl research Toluca Garment Company-Toluca, IL hawksbill (Eretmochelys imbricata), authorized by the permit. The research The Tom James Co.--Franklin, TN olive ridley (Lepidochelys olivacea), and will take place in waters of the Atlantic leatherback (Dermochelys coriacea) sea Ocean, Gulf of Mexico, Caribbean Sea HTS 9902.51.15, FABRICS, OF WORSTED turtles for purposes of scientific and their tributaries. The permit was WOOL, WITH AVERAGE FIBER DIAMETER research. issued for 5 years. OF 18.5 MICRON OR LESS, CERTIFIED BY ADDRESSES: The permit and related Issuance of this permit, as required by THE IMPORTER AS SUITABLE FOR USE IN documents are available for review the ESA, was based on a finding that MAKING SUITS, SUIT-TYPE JACKETS, OR upon written request or by appointment such permit (1) was applied for in good TROUSERS (PROVIDED FOR IN SUB- in the following office(s):Permits, faith, (2) will not operate to the HEADING 5112.11.30 AND 5112.19.60). Conservation and Education Division, disadvantage of any endangered or Amount allocated: 5,000,000 square meters. Office of Protected Resources, NMFS, threatened species, and (3) is consistent 1315 East-West Highway, Room 13705, with the purposes and policies set forth Companies Receiving Allocation: Silver Spring, MD 20910; phone in section 2 of the ESA. Adrian Jules LTD-Rochester, NY Elevee Custom Clothing--Van Nuys, CA (301)713–2289; fax (301)427– Dated: December 1, 2006. 2521;Southeast Region, NMFS, 263 13th Retail Brand Alliance, Inc. d/b/a Brooks Brothers-- P. Michael Payne, New York, NY Ave South, St. Petersburg, FL 33701; Hartmarx Corporation--Chicago, IL phone (727)824–5312; fax (727)824– Chief, Permits, Conservation and Education Hartz & Company, Inc.--Frederick, MD 5309. Division, Office of Protected Resources, Hugo Boss Cleveland, Inc.-Brooklyn, OH National Marine Fisheries Service. JA Apparel Corp.--New York, NY FOR FURTHER INFORMATION CONTACT: [FR Doc. E6–20764 Filed 12–6–06; 8:45 am] John H. Daniel Co.--Knoxville, TN Patrick Opay or Carrie Hubard, BILLING CODE 3510–22–S Majer Brands Company, Inc.--Hanover, PA (301)713–2289. Martin Greenfield--Brooklyn, NY SUPPLEMENTARY INFORMATION: On July Saint Laurie Ltd--New York, NY Sewell Clothing Company, Inc.--Bremen, GA 18, 2006, notice was published in the Southwick Clothing L.L.C.--Lawrence, MA Federal Register (71 FR 40700) that a Toluca Garment Compan-Toluca, IL request for a scientific research permit The Tom James Co.--Franklin, TN to take green, loggerhead, Kemp’s ridley,

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DEPARTMENT OF COMMERCE recovery plans incorporate (1) objective, Hawaiian monk seal population measurable criteria that, when met, distribution, life history, and habitat National Oceanic and Atmospheric would result in a determination that the use, (2) a threats assessment, (3) Administration species is no longer threatened or conservation efforts, (4) biological and [I.D. 101106E] endangered; (2) site-specific recovery criteria for downlisting and management actions necessary to delisting, (5) actions necessary for the Endangered and Threatened Species; achieve the plan’s goals; and (3) recovery of the species, and (6) an Recovery Plan for the Hawaiian Monk estimates of the time required and costs implementation schedule with estimates Seal; Correction to implement recovery actions. The ESA of time and cost to recovery. requires the development of recovery The threats assessment finds four AGENCY: National Marine Fisheries plans for listed species unless such a levels of threats: (1) Crucial (ongoing Service, National Oceanic and plan would not promote the recovery of and apparent threat at most sites in the Atmospheric Administration, a particular species. NMFS’s goal is to NWHI), (2) Significant (ongoing impacts Commerce. restore the endangered Hawaiian monk representing the potential for range- ACTION: Notice of Availability; request seal (Monachus schauinslandi) wide threats), (3) Serious (potential for comments; correction. population to the point where they are cause of localized threats), and (4) again secure, self-sustaining members of Moderate (localized impacts possible SUMMARY: This notice corrects a their ecosystem and no longer need the but not considered a serious or November 28, 2006, Federal Register protections of the ESA. NMFS will immediate threat). The Crucial threats to notice that announced the National consider all substantive comments and Hawaiian monk seals are: food Marine Fisheries Service’s (NMFS) information presented during the public limitation, entanglement, and shark availability for public review of the draft comment period in the course of predation. The Significant threats to revised Recovery Plan (Plan) for the finalizing this Recovery Plan. Hawaiian monk seals are: infectious Hawaiian monk seal (Monachus The Hawaiian monk seal has the disease and habitat loss. The Serious schauinslandi). That notice provided distinction of being the only endangered threats are: fishery interaction, male incorrect cost estimates over the marine mammal species whose entire aggression, human interaction, and duration of the Plan, and an incorrect range, historical and current, lies within biotoxin. Finally, the Moderate threats numbering sequence regarding the the United States of America. The to Hawaiian monk seals are: vessel contents of the Plan. NMFS is soliciting majority of the population of Hawaiian groundings and contaminants. review and comment on the Plan from monk seals now occupies the Criteria for the reclassification of the the public and all interested parties, and northwestern Hawaiian Islands (NWHI) Hawaiian monk seal are included in the will consider and address all with six main breeding sub-populations. Plan. In summary, Hawaiian monk seals substantive comments received during The species is also found in lower may be reclassified from endangered to the comment period. numbers in the main Hawaiian Islands threatened when all of the following DATES: Comments on the draft Plan (MHI), where the population size and have been met: (1) aggregate numbers must be received by close of business on range both appear to be expanding. The exceed 2,900 total individuals in the January 29, 2007. Hawaiian monk seal was listed as a NWHI; (2) at least 5 of the 6 main subpopulation in the NWHI are above 100 ADDRESSES: You may submit comments threatened species under the ESA on individuals, and the MHI population is by either of the following methods: November 23, 1976 (41 FR 51612). On above 500; (3) the survivorship of • Mail: Send comments to Chris April 30, 1986 (51 FR 16047), critical females in each subpopulation in the Yates, Assistant Regional Administrator, habitat was designated at all beach NWHI and in the MHI is high enough Protected Resources Division, Pacific areas, lagoon waters, and ocean waters that, in conjunction with the birth rates Islands Regional Office, NMFS, Attn: out to a depth of 10 fathoms around in each subpopulation, the calculated Michelle Yuen, 1601 Kapiolani Blvd., Kure Atoll, Midway, Pearl and Hermes Reef, Lisianski Island, Laysan Island, population growth rate for each Suite 1110, Honolulu, HI 96814. Gardner Pinnacles, French Frigate subpopulation is not negative. The • E-mail: [email protected]. Include Shoals, Necker Island and Nihoa Island; population will be considered for a in the subject line the following critical habitat was extended to include delisting if it continues to qualify for document identifier: Hawaiian Monk Maro Reef and waters around all habitat ‘‘threatened’’ classification for 20 Seal Recovery Plan. E-mail comments, out to the 20–fathom isobath on May 26, consecutive years without new serious with or without attachments, are limited 1988. The best estimate of the total risk factors being identified. to 5 megabytes. population size in 2005 is 1,252 seals. Time and cost for recovery actions are Interested persons may obtain the This current revised plan was written contained in the Plan. The correct Plan for review from the above address by the Hawaiian Monk Seal Recovery estimated cost of the recovery program or on-line from the NMFS Pacific Team at the request of the Assistant is $52,266,000 for the first 5 fiscal years, Islands Region Office website: http:// Administrator for Fisheries to promote and the correct estimated cost for full swr.nmfs.noaa.gov/pir/. the conservation of the Hawaiian monk recovery is $432,016,000, assuming the FOR FURTHER INFORMATION CONTACT: seal. The recovery team includes experts best case scenario that the population Michelle Yuen (808–944–2243), e-mail: on marine mammals from the private could grow to the stipulated total [email protected]. sector, academia, and government, as population size in the NWHI within 12 SUPPLEMENTARY INFORMATION: well as experts on endangered species years, and that the stipulated numbers conservation. The goals and objectives in the MHI could be reached within 34 Background of the Plan can be achieved only if a years. Recovery plans describe actions long-term commitment is made to In accordance with the 2003 Peer considered necessary for the support the actions recommended in the Review Policy as stated in Appendix R conservation and recovery of species Plan. of the Interim Endangered and listed under the Endangered Species Act The correct numbering sequence to Threatened Species Recovery Planning of 1973 (ESA), as amended (16 U.S.C. what the Recovery Plan contains is: (1) Guidance, NMFS solicited peer review 1531 et seq.). The ESA requires that a comprehensive review of the on the draft Plan concurrent with this

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public comment period. Reviews were Collection of the best available scientific Assessment Workshop and August 6 - requested from three scientists and data and conducting stock assessments 10, 2007, for the Review Workshop. The managers with expertise in recovery are critical to determine appropriate times and locations of these workshops planning, statistical analyses, fisheries, management measures for rebuilding will be announced in a future Federal and marine mammals. NMFS stocks. Based on the last SCS stock Register notice. anticipates that many of the assessment in 2002, NMFS determined Special Accommodations recommendations that will be made by that the SCS complex and three of the the reviewers will be addressed and species in that complex are not These meetings are physically provided in detail in the final Plan. overfished with no overfishing accessible to people with disabilities. Requests for sign language Dated: December 1, 2006. occurring. The only exception was for finetooth sharks, where fishing interpretation or other auxiliary aids Angela Somma, mortality in some years was above the should be directed to Julie Neer at (850) Chief, Endangered Species Division, Office mortality level associated with 234–6541, at least 7 days prior to the of Protected Resources, National Marine producing maximum sustainable yield Data workshop. Fisheries Service. (MSY). Any potential changes to Authority: 16 U.S.C. 971 et seq. [FR Doc. E6–20712 Filed 12–6–06; 8:45 am] existing management measures for SCS Dated: November 29, 2006. BILLING CODE 3510–22–S will be based, in large part, on the results of this 2007 stock assessment. Alan D. Risenhoover, This assessment will be conducted in Director, Office of Sustainable Fisheries, DEPARTMENT OF COMMERCE a manner similar to the Southeast Data, National Marine Fisheries Service. [FR Doc. E6–20723 Filed 12–6–06; 8:45 am] National Oceanic and Atmospheric Assessment, and Review (SEDAR) Administration process. SEDAR is a cooperative process BILLING CODE 3510–22–S initiated in 2002 to improve the quality [I.D. 110306B] and reliability of fishery stock assessments in the South Atlantic, Gulf FEDERAL ELECTION COMMISSION Small Coastal Shark 2007 Stock of Mexico, and U.S. Caribbean. SEDAR Assessment Data Workshop emphasizes constituent and stakeholder Sunshine Act Notices AGENCY: National Marine Fisheries participation in assessment Cancellation of previously announced Service (NMFS), National Oceanic and development, transparency in the meetings: Wednesday, December 5, Atmospheric Administration (NOAA), assessment process, and a rigorous and 2006, meeting closed to the public and Commerce. independent scientific review of Thursday, December 7, 2006, meeting ACTION: Notice. completed stock assessments. SEDAR is open to the public. organized around three workshops. The DATE AND TIME: Tuesday, December 12, SUMMARY: first is a Data Workshop where datasets NMFS announces the date, 2006 at 10 a.m. time, and location for the small coastal are documented, analyzed, and PLACE: 999 E Street, NW., Washington, shark (SCS) stock assessment Data reviewed, and data for conducting DC. Workshop, the first of three stock assessment analyses are compiled. The evaluation workshops for the SCS stock second workshop is an Assessment STATUS: This meeting will be closed to assessment to be conducted in 2007. Workshop where quantitative the public. Any potential changes to existing population analyses are developed and ITEMS TO BE DISCUSSED: Compliance management measures for SCS will be refined and population parameters are matters pursuant to 2 U.S.C. 437g. based, in large part, on the results of this estimated. The third and final workshop Audits conducted pursuant to 2 U.S.C. 2007 stock assessment. The workshop is is a Review Workshop where a panel of 437g, 438(b), and title 26, U.S.C. Matters open to the public. independent experts review the data concerning participation in civil actions DATES: The Data Workshop will start at and assessment and recommend the or proceedings or arbitration. Internal 1 p.m. on Monday, February 5, 2007, most appropriate values of critical personnel rules and procedures or and will conclude at 1 p.m. on Friday, population and management quantities. matters affecting a particular employee. February 9, 2007. All workshops are open to the public. FOR FURTHER INFORMATION CONTACT: Mr. More information on the SEDAR process ADDRESSES: The Data Workshop will be Robert Biersack, Press Officer, can be found at HTTP:// held at the Bay Point Marriott Resort, Telephone: (202) 694–1220. WWW.SEFSC.NOAA.GOV/SEDAR/. The 2005/ 4200 Marriott Drive, Panama City 2006 large coastal shark stock Mary W. Dove, Beach, FL 32408. assessment also followed this process. Secretary of the Commission. FOR FURTHER INFORMATION CONTACT: Julie NMFS announces the Data Workshop, [FR Doc. 06–9614 Filed 12–5–06; 8:45 am] Neer at (850) 234–6541; or Karyl the first of three workshops for the SCS BILLING CODE 6715–01–M Brewster-Geisz at (301) 713–2347, fax 2007 stock assessment. The Data (301) 713–1917. Workshop will be held from February 5 SUPPLEMENTARY INFORMATION: The - 9, 2007, at the Bay Point Marriott FEDERAL MARITIME COMMISSION Atlantic shark fisheries are managed Resort in Panama City Beach, FL (see under the authority of the Magnuson- DATES and ADDRESSES). Prospective [Docket No. 06–11] Stevens Fishery Conservation and participants and observers will be R.O. White & Company and Ceres Management Act. The Consolidated contacted with the data workshop Marine Terminals Inc. V. Port of Miami Highly Migratory Species (HMS) Fishery details. This workshop is open to the Terminal Operating Company, Management Plan (FMP) (October 2, public. Persons interested in Continental Stevedoring & Terminals, 2006; 71 FR 58058) is implemented by participating or observing the Data Inc. et al.; Notice of Filing of Complaint regulations at 50 CFR part 635. Workshop should contact Julie Neer (see and Assignment Stock assessments are periodically FOR FURTHER INFORMATION CONTACT). conducted to determine stock status Tentative dates for the next two Notice is given that a complaint has relative to current management criteria. workshops are May 7 - 11, 2007, for the been filed with the Federal Maritime

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Commission (‘‘Commission’’) by R.O. Act (46 U.S.C. 41104(10), 41102(c), and the Assistant Secretary for Health White & Company, Inc. and Ceres 41106(3) and 41106(2)) by: ‘‘failing to have taken final action in the following Marine Terminals, Inc. prevent other Respondents from case: (‘‘Complainants’’), against the Port of engaging in the unlawful conduct Jennifer Blaisdell, University of Miami Terminal Operating Company, alleged in Counts I and II above; failing Pennsylvania and Retinal Consultants L.L.C. (‘‘POMTOC’’); Continental to ensure access by qualified stevedores of Arizona, Ltd.: Based on the report of Stevedoring & Terminals, Inc.; Florida to the only public, multi-user cargo an investigation conducted by the Stevedoring, Inc.; P&O Ports North terminal at the Port’’; (Complaint at 13) University of Pennsylvania (UP) and America, Inc.; P&O Ports Florida, Inc.; and failing to re-evaluate the current additional analysis conducted by ORI in Eller-Ito Stevedoring Company, L.L.C.; process and competitive structure for its oversight review, the U.S. Public and Dante B. Fascell Port of Miami– providing stevedore services at the Port. Health Service (PHS) found that Ms. Dade, aka Miami–Dade County Seaport Complainants pray that the Commission Jennifer Blaisdell, former Clinical Department (‘‘Respondents’’). require Respondents to answer to the Coordinator for Retinal Consultants of Complainants assert that Ceres Marine charges, order Respondents to cease and Arizona, Ltd. (RCA), committed Terminals, Inc. performs stevedoring desist the aforesaid violations, establish research misconduct in a study and/or marine terminal services at and put in force such practices and sponsored by two cooperative numerous ports in the United States and policies as the Commission determines agreements funded by the National Eye Canada, and R.O. White & Company is to be lawful and reasonable; require Institute (NEI), National Institutes of a wholly owned subsidiary of Ceres who Respondents to pay reparations to Health (NIH): U10 EY012261, ‘‘Age- holds a permit issued by Respondent Complainants for the unlawful conduct related Macular Degeneration Miami–Dade County Seaport including interest and attorney’s fees, Prevention Trial,’’ Dr. Stuart Fine, Department (‘‘The Port’’) to perform and to make any further order or orders Principal Investigator (P.I.), and U10 stevedoring services at the Port. the Commission determines to be EY012279, ‘‘Coordinating Center for Complainants assert that all of the proper. AMD, Complications of Age-Related Respondents are marine terminal This proceeding has been assigned to Macular Degeneration Prevention Trial’’ operators as defined in Section 3(14) of the Office of Administrative Law Judges. (CAPT), Dr. Maureen McGuire, P.I. the Shipping Act of 1984 (‘‘The Act’’), Hearing in this matter, if any is held, Specifically, PHS found that Ms. 46 U.S.C. 40102(14). shall commence within the time Blaisdell knowingly and intentionally Complainants contend that limitations prescribed in 46 CFR 502.61, committed research misconduct by: Respondents have violated the Shipping and only after consideration has been 1. Fabricating a CAPT data form dated Act in several ways. First, they contend given by the parties and the presiding 5/29/02 reporting a 30-month telephone that Respondents, who are parties to officer to the use of alternative forms of follow-up visit with patient 01–026; this FMC Agreement No. 224–200616, have dispute resolution. The hearing shall patient died on 5/3/02; violated sections 5(a), 10(a)(2), and include oral testimony and cross- 2. Fabricating a CAPT data form dated 10(a)(3) of the Act (46 U.S.C. 40302(a), examination in the discretion of the 2/20/03 reporting a 43-month telephone 41102(b)(1) and (b)(2)) by: ‘‘failing to file presiding officer only upon proper follow-up visit with patient 01–019; this their actual agreements; operating showing that there are genuine issues of patient died on 2/10/03; pursuant to agreements that were material fact that cannot be resolved on 3. Falsifying a CAPT data form dated required to be filed, but not filed; the basis of sworn statements, affidavits, 2/13/01 reporting a visit to the clinic on operating outside and/or contrary to the depositions, or other documents or that that date for patient 01–049; this terms of their filed agreement; and the nature of the matter in issue is such patient’s visit was 2/20/01; collectively agreeing to refuse R.O. that an oral hearing and cross- 4. Falsifying the CAPT form for White permission to perform examination are necessary for the patient 01–055 dated 4/11/01, when no stevedoring services at POMTOC development of an adequate record. clinic visit took place, by substituting facilities.’’ (Complaint at 11–12). Pursuant to the further terms of 46 CFR information purportedly obtained at a Second, Complainants assert that 502.61, the initial decision of the non-study visit on 2/28/01. POMTOC and/or its members 1 have presiding officer in this proceeding shall Ms. Blaisdell has entered into a violated sections 10(b)(10), 10(d)(1), be issued by November 30, 2007, and Voluntary Exclusion Agreement in 10(d)(3), and 10(d)(4) of the Act (46 the final decision of the Commission which she has voluntarily agreed, for a U.S.C. 41104(10), 41102(c), 41106(3) shall be issued by March 10, 2008. period of two (2) years, beginning on and 41106(2)) by: Using POMTOC as a November 14, 2006: By the Commission. device to exclude competition for (1) To exclude herself from serving in stevedoring services; precluding ocean Bryant L. VanBrakle, any advisory capacity to PHS, including common carriers from using R.O. White Secretary. but not limited to service on any PHS as their stevedore; refusing to allow R.O. [FR Doc. E6–20757 Filed 12–6–06; 8:45 am] advisory committee, board, and/or peer White to use its Port-granted license to BILLING CODE 6730–01–P review committee, or as a consultant; perform stevedoring services at and POMTOC; requiring common carriers to (2) That any institution that submits use only POMTOC members for DEPARTMENT OF HEALTH AND an application for PHS support for a stevedoring services; and ‘‘denying R.O. HUMAN SERVICES research project on which Ms. White access to POMTOC while Blaisdell’s participation is proposed or allowing access to other entities for the Office of the Secretary which uses her in any capacity on PHS supported research, or that submits a same or similar purposes.’’ (Complaint Findings of Research Misconduct at 12). Third, Complainants assert that report of PHS-funded research in which the Port violated sections 10(b)(10), AGENCY: Office of the Secretary, HHS. she is involved, must concurrently 10(d)(1), 10(d)(3), and 10(d)(4) of the ACTION: Notice. submit a plan for supervision of Ms. Blaisdell’s duties to the funding agency 1 POMTOC is a marine terminal services provider SUMMARY: Notice is hereby given that for approval. The supervisory plan must that was formed by four of the Respondents. the Office of Research Integrity (ORI) be designed to ensure the scientific

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integrity of her research contribution. this Federal Register Notice is being government, an agency established by Ms. Blaisdell also agrees to ensure that published on less than 15 calendar days State law, or its fiscal agent.’’ The scope the institution submits a copy of the notice to the public (41 CFR 102– of this routine use has been broadened supervisory plan to ORI. She further 3.150(b)). to include State Medicaid agencies agrees that she will not participate in FOR FURTHER INFORMATION CONTACT: when disclosure of the information any PHS-supported research until such Sandra Malcom, Committee proved compatible with the purpose for a supervisory plan is submitted to ORI. Management Specialist, Office of which CMS collects the information. We FOR FURTHER INFORMATION CONTACT: Science, NCEH/ATSDR, M/S E–28, 1600 will delete routine use number 5 Director, Division of Investigative Clifton Road, NE., Atlanta, Georgia authorizing disclosure to support Oversight, Office of Research Integrity, 30333, telephone 404/498–0622. constituent requests made to a 1101 Wootton Parkway, Suite 750, The Director, Management Analysis congressional representative. If an Rockville, MD 20852, (240) 453–8800. and Services Office, has been delegated authorization for the disclosure has been obtained from the data subject, Chris B. Pascal, the authority to sign Federal Register notices pertaining to announcements of then no routine use is needed. The Director, Office of Research Integrity. meetings and other committee Privacy Act allows for disclosures with [FR Doc. E6–20754 Filed 12–6–06; 8:45 am] management activities for both CDC and the ‘‘prior written consent’’ of the data BILLING CODE 4150–31–P NCEH/ATSDR. subject. Finally, we will delete the section Dated: December 1, 2006. titled ‘‘Additional Circumstances DEPARTMENT OF HEALTH AND Alvin Hall, Affecting Routine Use Disclosures,’’ that HUMAN SERVICES Director, Management Analysis and Services addresses ‘‘Protected Health Information Office, Centers for Disease Control and (PHI)’’ and ‘‘small cell size.’’ The Centers for Disease Control and Prevention. requirement for compliance with HHS Prevention [FR Doc. E6–20755 Filed 12–6–06; 8:45 am] regulation ‘‘Standards for Privacy of BILLING CODE 4163–18–P Individually Identifiable Health National Center for Environmental Information’’ does not apply because Health/Agency for Toxic Substances this system does not collect or maintain and Disease Registry DEPARTMENT OF HEALTH AND PHI. In addition, our policy to prohibit The Program Peer Review HUMAN SERVICES release if there is a possibility that an Subcommittee of the Board of Scientific individual can be identified through Centers for Medicare & Medicaid ‘‘small cell size’’ is not applicable to the Counselors (BSC), Centers for Disease Services Control and Prevention (CDC), National data maintained in this system. Center for Environmental Health/ Privacy Act of 1974; Report of a We are modifying the language in the Agency for Toxic Substances and Modified or Altered System of Records remaining routine uses to provide a Disease Registry (NCEH/ATSDR): proper explanation as to the need for the Teleconference. AGENCY: Department of Health and routine use and to provide clarity to In accordance with section 10(a)(2) of Human Services (HHS), Centers for CMS’s intention to disclose individual- the Federal Advisory Committee Act Medicare & Medicaid Services (CMS). specific information contained in this (Pub. L. 92–463), CDC, NCEH/ATSDR ACTION: Notice of a Modified or Altered system. The routine uses will then be announces the following subcommittee System of Records (SOR). prioritized and reordered according to meeting: their usage. We will also take the SUMMARY: In accordance with the opportunity to update any sections of Time and Date: 8:30 a.m.–10:30 p.m. requirements of the Privacy Act of 1974, the system that were affected by the Eastern Standard Time, December 19, 2006. CMS is proposing to modify or alter Place: The teleconference will originate at recent reorganization or because of the NCEH/ATSDR in Atlanta, Georgia. To existing system of records titled impact of the Medicare Prescription participate, dial 877/315–6535 and enter ‘‘Medicare Exclusion Database’’ (MED), Drug, Improvement, and Modernization conference code 383520. System No. 09–70–0534,’’ established at Act of 2003 (MMA) (Public Law 108– Purpose: Under the charge of the BSC, 67 Federal Register 8810 (February 26, 173) provisions and to update language NCEH/ATSDR, the PPRS will provide the 2002). We propose to modify existing in the administrative sections to BSC, NCEH/ATSDR with advice and routine use number 1 that permits correspond with language used in other recommendations on NCEH/ATSDR program disclosure to agency contractors and CMS SORs. peer review. They will serve the function of consultants to include disclosure to The primary purpose of this system of organizing, facilitating, and providing a long- term perspective to the conduct of NCEH/ CMS grantees who perform a task for the records is to collect and maintain ATSDR program peer review. agency. CMS grantees, charged with information on individuals that have Matters to be Discussed: An overview of completing projects or activities that been excluded from receiving Medicare PPRS activities; a review of the November require CMS data to carry out that payments for any item or service meeting; an update on the Site Specific activity, are classified separate from furnished during the period when Activities Peer Review; re-visit approval of CMS contractors and/or consultants. excluded from participation in the the Peer Reviewer Conflict-of-interest Form; The modified routine use will remain as Medicare program. Information and a discussion on Preparedness and routine use number 1. maintained in this system will also be Emergency Response Peer Review scheduled Published routine use number 2 and disclosed to: (1) Support regulatory, for February 2007: Breadth and approach of the review, areas of expertise required for the 3 will be combined as one because both reimbursement, and policy functions review, nominations for a PPRS panel are written to complete the same or performed within the Agency or by a member, a chairperson, peer reviewers, similar purpose. Disclosures allowed by contractor, consultant or CMS grantee; partners, and customers. Agenda items are published routine uses numbers 2, and (2) assist another Federal or State subject to change as priorities dictate. 3 will be covered by a new routine use agency, agency of a State government, SUPPLEMENTARY INFORMATION: Public numbered 2 to permit release of an agency established by State law, or comment period is scheduled for 9:35– information to ‘‘another Federal and/or its fiscal agent; (3) facilitate research on 9:45 a.m. Due to programmatic matters, State agency, agency of a State the quality and effectiveness of care

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provided, as well as epidemiological have been excluded from participation unauthorized use or disclosure of the projects; (4) support litigation involving in Medicare and other Federal and State record; the Agency; and (5) combat fraud, waste health care programs. The system b. remove or destroy at the earliest and abuse in certain health benefits contains information such as other time all individually-identifiable programs. We have provided provider identifiers used by those information; and background information about the individuals, names, demographic c. agree to not use or disclose the modified system in the SUPPLEMENTARY information, including, but not limited information for any purpose other than INFORMATION section below. Although to gender and date of birth, provider the stated purpose under which the the Privacy Act requires only that CMS taxonomy information, address data, information was disclosed. provide an opportunity for interested contact information, and taxpayers 4. Determines that the data are valid persons to comment on the proposed identifying number. and reliable. routine uses, CMS invites comments on II. Agency Policies, Procedures, and III. Proposed Routine Use Disclosures all portions of this notice. See EFFECTIVE of Data in the System DATES section for comment period. Restrictions on the Routine Use EFFECTIVE DATES: CMS filed a new A. Agency Policies, Procedures, and A. The Privacy Act allows us to system report with the Chair of the Restrictions on the Routine Use disclose information without an House Committee on Government individual’s consent if the information The Privacy Act permits us to disclose is to be used for a purpose that is Reform and Oversight, the Chair of the information without an individual’s Senate Committee on Homeland compatible with the purpose(s) for consent if the information is to be used which the information was collected. Security and Governmental Affairs, and for a purpose that is compatible with the the Administrator, Office of Information Any such compatible use of data is purpose(s) for which the information known as a ‘‘routine use.’’ The proposed and Regulatory Affairs, Office of was collected. Any such disclosure of Management and Budget (OMB) on routine uses in this system meet the data is known as a ‘‘routine use.’’ The November 30, 2006. In any event, we compatibility requirement of the Privacy government will only release MED will not disclose any information under Act. We are proposing to establish the information that can be associated with a routine use until 30 days after following routine use disclosures of an individual as provided for under publication in the Federal Register or information maintained in the system: ‘‘Section III. Proposed Routine Use 40 days after mailings to Congress, 1. To support Agency contractors, Disclosures of Data in the System.’’ Both which ever is later. We may defer consultants, or grantees that have been individually identifiable and non- implementation of this system or on one contracted by the Agency to assist in individually-identifiable data may be or more of the routine uses listed below accomplishment of a CMS function disclosed under a routine use. if we receive comments that persuade us relating to the purposes for this system We will only disclose the minimum to defer implementation. and who need access to the records in personal data necessary to achieve the ADDRESSES: order to assist CMS. The public should address purpose of MED. CMS has the following comments to: CMS Privacy Officer, We contemplate disclosing policies and procedures concerning information under this routine use only Division of Privacy Compliance, disclosures of information that will be Enterprise Architecture and Strategy in situations in which CMS may enter maintained in the system. Disclosure of into a contractual or similar agreement Group, Office of Information Services, information from the system will be CMS, Room N2–04–27, 7500 Security with a third party to assist in approved only to the extent necessary to Boulevard, Baltimore, Maryland 21244– accomplishing a CMS function relating accomplish the purpose of the 1850. Comments received will be to purposes for this system. disclosure and only after CMS: CMS occasionally contracts out available for review at this location, by 1. Determines that the use or certain of its functions when doing so appointment, during regular business disclosure is consistent with the reason would contribute to effective and hours, Monday through Friday from 9 the data are being collected; e.g., is to efficient operations. CMS must be able a.m.–3 p.m., Eastern Time zone. collect and maintain information on to give a contractor, consultant, or FOR FURTHER INFORMATION CONTACT: Lisa individuals that have been excluded grantee whatever information is Eggleston, Health Insurance Specialist, from receiving Medicare payments for necessary for the contractor, consultant, Program Integrity Group, Office of any item or service furnished during the or grantee to fulfill its duties. In these Financial Management, CMS, Mail Stop period when excluded from situations, safeguards are provided in C3–02–16, 7500 Security Boulevard, participation in the Medicare program. the contract prohibiting the contractor, Baltimore, Maryland 21244–1850. The 2. Determines that: consultant, or grantee from using or telephone number is (410) 786–6130 or a. The purpose for which the disclosing the information for any e-mail [email protected]. disclosure is to be made can only be purpose other than that described in the SUPPLEMENTARY INFORMATION: accomplished if the record is provided contract and requires the contractor or I. Description of the Modified or in individually identifiable form; consultant to return or destroy all Altered System of Records b. the purpose for which the information at the completion of the disclosure is to be made is of sufficient contract. A. Statutory and Regulatory Basis for importance to warrant the effect and/or 2. To assist another Federal or State SOR risk on the privacy of the individual that agency, agency of a State government, Authority for maintenance of this additional exposure of the record might an agency established by State law, or system is given under §§ 1128 A and B, bring; and its fiscal agent to: and 1156 of the Social Security Act. c. there is a strong probability that the a. Contribute to the accuracy of CMS’s proposed use of the data would in fact proper payment of Medicare benefits, B. Collection and Maintenance of Data accomplish the stated purpose(s). b. enable such agency to administer a in the System 3. Requires the information recipient Federal health benefits program, or as For purposes of this SOR, the system to: necessary to enable such agency to contains information related to a. Establish administrative, technical, fulfill a requirement of a Federal statute individual health care providers who and physical safeguards to prevent or regulation that implements a health

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benefits program funded in whole or in policies or operations could be affected recipient agrees to implement part with Federal funds, and/or by the outcome of the litigation, CMS appropriate management, operational c. assist Federal/State Medicaid would be able to disclose information to and technical safeguards sufficient to programs within the State. the DOJ, court, or adjudicatory body protect the confidentiality, integrity and Other Federal or State agencies in involved. availability of the information and their administration of a Federal health 5. To support a CMS contractor that information systems and to prevent program may require MED information assists in the administration of a CMS- unauthorized access. in order to support evaluations and administered health benefits program, monitoring of Medicare claims or to a grantee of a CMS-administered This system will conform to all information of beneficiaries, including grant program, when disclosure is applicable Federal laws and regulations proper payment for services provided. deemed reasonably necessary by CMS to and Federal, HHS, and CMS policies MED data may be disclosed to a State prevent, deter, discover, detect, and standards as they relate to agency, agency of a State government, investigate, examine, prosecute, sue information security and data privacy. an agency established by State law, or with respect to, defend against, correct, These laws and regulations may apply its fiscal agent for purposes of ensuring remedy, or otherwise combat fraud, but are not limited to: the Privacy Act that no payments are made with respect waste or abuse in such programs. of 1974; the Federal Information to any item or service furnished by an We contemplate disclosing Security Management Act of 2002; the individual during the period when information under this routine use only Computer Fraud and Abuse Act of 1986; excluded from participation in Medicare in situations in which CMS may enter the Health Insurance Portability and and other Federal and State health care into a contract or grant with a third Accountability Act of 1996; the E- programs. party to assist in accomplishing CMS Government Act of 2002, the Clinger- MED data may potentially be released functions relating to the purpose of Cohen Act of 1996; the Medicare to the State only on those individuals combating fraud and abuse. CMS occasionally contracts out Modernization Act of 2003, and the who are either individuals excluded corresponding implementing from participation in the Medicare and certain of its functions when doing so regulations. OMB Circular A–130, other Federal and State health care would contribute to effective and Management of Federal Resources, programs, or employers of excluded efficient operations. CMS must be able individuals, or are legal residents of the to give a contractor or grantee whatever Appendix III, Security of Federal State, irrespective of the location of information is necessary for the Automated Information Resources also provider or supplier furnishing items or contractor or grantee to fulfill its duties. applies. Federal, HHS, and CMS services. In these situations, safeguards are policies and standards include but are 3. To support an individual or provided in the contract prohibiting the not limited to: all pertinent National organization for a research, evaluation, contractor or grantee from using or Institute of Standards and Technology or epidemiological project related to the disclosing the information for any publications; the HHS Information prevention of disease or disability or the purpose other than that described in the Systems Program Handbook and the restoration or maintenance of health. contract and requiring the contractor or CMS Information Security Handbook. MED data may be able to provide for grantee to return or destroy all research, evaluation, and information. V. Effects of the Modified System of epidemiological projects a broader 6. To support another Federal agency Records on Individual Rights or to an instrumentality of any longitudinal national perspective of the CMS proposes to modify this system governmental jurisdiction within or status of health care patients. CMS in accordance with the principles and under the control of the United States anticipates that many researchers will requirements of the Privacy Act and will have legitimate requests to use these (including any State or local collect, use, and disseminate data in projects that could ultimately governmental agency), that administers, information only as prescribed therein. improve the care provided to patients or that has the authority to investigate and the policy that governs the care. potential fraud, waste or abuse in a Data in this system will be subject to the 4. To assist the Department of Justice program funded in whole or in part by authorized releases in accordance with (DOJ), court or adjudicatory body when: Federal funds, when disclosure is the routine uses identified in this a. The Agency or any component deemed reasonably necessary by CMS to system of records. thereof, or prevent, deter, discover, detect, CMS will take precautionary b. any employee of the Agency in his investigate, examine, prosecute, sue measures (see item IV above) to or her official capacity, or with respect to, defend against, correct, minimize the risks of unauthorized c. any employee of the Agency in his remedy, or otherwise combat fraud, access to the records and the potential or her individual capacity where the waste or abuse in such programs. harm to individual privacy or other DOJ has agreed to represent the Other agencies may require MED personal or property rights of patients employee, or information for the purpose of whose data are maintained in the d. the United States Government is a combating fraud, waste or abuse in such system. CMS will collect only that party to litigation or has an interest in Federally-funded programs. such litigation, and by careful review, information necessary to perform the CMS determines that the records are IV. Safeguards system’s functions. In addition, CMS both relevant and necessary to the CMS has safeguards in place for will make disclosure from the proposed litigation and that the use of such authorized users and monitors such system only with consent of the subject records by the DOJ, court or users to ensure against unauthorized individual, or his/her legal adjudicatory body is compatible with use. Personnel having access to the representative, or in accordance with an the purpose for which the agency system have been trained in the Privacy applicable exception provision of the collected the records. Act and information security Privacy Act. CMS, therefore, does not Whenever CMS is involved in requirements. Employees who maintain anticipate an unfavorable effect on litigation, or occasionally when another records in this system are instructed not individual privacy as a result of party is involved in litigation and CMS’s to release data until the intended information relating to individuals.

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Dated: November 28, 2006. ROUTINE USES OF RECORDS MAINTAINED IN THE remedy, or otherwise combat fraud, John R. Dyer, SYSTEM, INCLUDING CATEGORIES OR USERS AND waste or abuse in such programs. THE PURPOSES OF SUCH USES: Chief Operating Officer, Centers for Medicare To support another Federal agency or & Medicaid Services. The Privacy Act allows us to disclose to an instrumentality of any information without an individual’s governmental jurisdiction within or System Number: 09–70–0534 consent if the information is to be used under the control of the United States SYSTEM NAME: for a purpose that is compatible with the (including any State or local ‘‘Medicare Exclusion Database (MED), purpose(s) for which the information governmental agency), that administers, HHS/CMS/OFM. was collected. Any such compatible use or that has the authority to investigate of data is known as a ‘‘routine use.’’ The potential fraud or abuse in a program SECURITY CLASSIFICATION: proposed routine uses in this system funded in whole or in part by Federal Level Three Privacy Act Sensitive meet the compatibility requirement of funds, when disclosure is deemed Data. the Privacy Act. We are proposing to reasonably necessary by CMS to establish the following routine use prevent, deter, discover, detect, SYSTEM LOCATION: disclosures of information maintained investigate, examine, prosecute, sue Centers for Medicare & Medicaid in the system: with respect to, defend against, correct, Services (CMS) Data Center, 7500 To support Agency contractors, remedy, or otherwise combat fraud, Security Boulevard, North Building, consultants, or CMS grantees that have waste or abuse in such programs. First Floor, Baltimore, Maryland 21244– been contracted by the Agency to assist POLICIES AND PRACTICES FOR STORING, 1850, and at various other remote in accomplishment of a CMS function locations. RETRIEVING, ACCESSING, RETAINING, AND relating to the purposes for this system DISPOSING OF RECORDS IN THE SYSTEM: CATEGORIES OF INDIVIDUALS COVERED BY THE and who need access to the records in SYSTEM: order to assist CMS. STORAGE: For purposes of this SOR, the system To assist another Federal or State All records are stored on magnetic contains information related to agency, agency of a State government, media. individual health care providers who an agency established by State law, or RETRIEVABILITY: its fiscal agent to: Contribute to the have been excluded from participation All records are accessible by UPIN/ accuracy of CMS’s proper payment of in Medicare and other Federal and State NPI or alpha (name) search. This system Medicare benefits, enable such agency health care programs. supports both on-line and batch access. to administer a Federal health benefits CATEGORIES OF RECORDS IN THE SYSTEM: program, or as necessary to enable such SAFEGUARDS: The system contains information such agency to fulfill a requirement of a CMS has safeguards in place for as other provider identifiers used by Federal statute or regulation that authorized users and monitors such those individuals, names, demographic implements a health benefits program users to ensure against unauthorized information, including, but not limited funded in whole or in part with Federal use. Personnel having access to the to gender and date of birth, provider funds, and/or assist Federal/State system have been trained in the Privacy taxonomy information, address data, Medicaid programs within the State. Act and information security contact information, and taxpayers To support an individual or requirements. Employees who maintain identifying number. organization for a research, evaluation, records in this system are instructed not AUTHORITY FOR MAINTENANCE OF THE SYSTEM: or epidemiological project related to the to release data until the intended Authority for maintenance of this prevention of disease or disability or the recipient agrees to implement system is given under §§ 1128 A and B, restoration or maintenance of health. appropriate management, operational and 1156 of the Social Security Act. To assist the Department of Justice and technical safeguards sufficient to (DOJ), court or adjudicatory body when: protect the confidentiality, integrity and PURPOSE(S) OF THE SYSTEM: The Agency or any component availability of the information and The primary purpose of this system of thereof, or any employee of the Agency information systems and to prevent records is to collect and maintain in his or her official capacity, or any unauthorized access. information on individuals that have employee of the Agency in his or her This system will conform to all been excluded from receiving Medicare individual capacity where the DOJ has applicable Federal laws and regulations payments for any item or service agreed to represent the employee, or the and Federal, HHS, and CMS policies furnished during the period when United States Government is a party to and standards as they relate to excluded from participation in the litigation or has an interest in such information security and data privacy. Medicare program. Information litigation, and by careful review, CMS These laws and regulations may apply maintained in this system will also be determines that the records are both but are not limited to: the Privacy Act disclosed to: (1) Support regulatory, relevant and necessary to the litigation of 1974; the Federal Information reimbursement, and policy functions and that the use of such records by the Security Management Act of 2002; the performed within the Agency or by a DOJ, court or adjudicatory body is Computer Fraud and Abuse Act of 1986; contractor, consultant or CMS grantee; compatible with the purpose for which the Health Insurance Portability and (2) assist another Federal or State the agency collected the records. Accountability Act of 1996; the E- agency, agency of a State government, To support a CMS contractor that Government Act of 2002, the Clinger- an agency established by State law, or assists in the administration of a CMS- Cohen Act of 1996; the Medicare its fiscal agent; (3) facilitate research on administered health benefits program, Modernization Act of 2003, and the the quality and effectiveness of care or to a grantee of a CMS-administered corresponding implementing provided, as well as epidemiological grant program, when disclosure is regulations. OMB Circular A–130, projects; (4) support litigation involving deemed reasonably necessary by CMS to Management of Federal Resources, the Agency; and (5) combat fraud, waste prevent, deter, discover, detect, Appendix III, Security of Federal and abuse in certain health benefits investigate, examine, prosecute, sue Automated Information Resources also programs. with respect to, defend against, correct, applies. Federal, HHS, and CMS

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policies and standards include but are identify the record and specify the Retention and destruction of the data not limited to: all pertinent National information to be contested, state the contained in these systems will follow Institute of Standards and Technology corrective action sought, and the the schedules listed in the system publications; the HHS Information reasons for the correction with notice. Systems Program Handbook and the supporting justification. (These CMS Information Security Handbook. procedures are in accordance with EFFECTIVE DATES: CMS filed a report of department regulation 45 CFR 5b.7). proposed deletions with the Chair of the RETENTION AND DISPOSAL: House Committee on Government Records are maintained for a period of RECORD SOURCE CATEGORIES: Reform and Oversight, the Chair of the 15 years. All claims-related records are The Office of the Inspector General Senate Committee on Homeland encompassed by the document Exclusion file, Online Survey Security & Governmental Affairs, and preservation order and will be retained Certification and Reporting System file, the Administrator, Office of Information until notification is received from DOJ. National Supplier Clearing House file, and Regulatory Affairs, Office of Unique Physician Identification Number SYSTEM MANAGER AND ADDRESS: Management and Budget (OMB) on 11/ Registry, Medicare Contractor Provider 30/2006. To ensure that all parties have Director, Program Integrity Group, Files, and Social Security adequate time in which to comment, the Office of Financial Management, CMS, Administration records to assist in a deletions will become effective 30 days Mail Stop C3–02–16, 7500 Security determination of the excluded from the publication of the notice, or 40 Boulevard, Baltimore, Maryland 21244– individual’s employers. 1850. days from the date it was submitted to SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OMB and Congress, whichever is later, NOTIFICATION PROCEDURE: OF THE ACT: unless CMS receives comments that For purpose of access, the subject None. require alterations to this notice. individual health care provider should [FR Doc. E6–20718 Filed 12–6–06; 8:45 am] ADDRESSES: The public should address write to the system manager who will comments to: CMS Privacy Officer, require the system name, National BILLING CODE 4120–03–P Division of Privacy Compliance, Provider Identifier, address, date of Enterprise Architecture and Strategy birth, and gender, and for verification DEPARTMENT OF HEALTH AND Group, Office of Information Services, purposes, the subject individual health HUMAN SERVICES CMS, Room N2–04–27, 7500 Security care provider’s name (woman’s maiden Boulevard, Baltimore, Maryland 21244– name, if applicable), and social security Centers for Medicare & Medicaid 1850. Comments received will be number (SSN). Furnishing the SSN is Services available for review at this location, by voluntary, but it may make searching for appointment, during regular business a record easier and prevent delay. Privacy Act of 1974; Deletion of hours, Monday through Friday from 9 System of Records RECORD ACCESS PROCEDURE: a.m.–3 p.m., eastern time zone. For purpose of access, use the same AGENCY: Department of Health and FOR FURTHER INFORMATION CONTACT: procedures outlined in Notification Human Services (HHS), Centers for Jacqueline Code, Management Analysis, Procedures above. Requestors should Medicare & Medicaid Services (CMS). Division of Privacy Compliance, also reasonably specify the record ACTION: Notice to delete 10 systems of Enterprise Architecture and Strategy contents being sought. (These records. Group, Office of Information Services, procedures are in accordance with SUMMARY: CMS proposes to delete 10 CMS, Room N2–04–27, 7500 Security department regulation 45 CFR Boulevard, Baltimore, Maryland 21244– 5b.5(a)(2)). systems of records from its inventory subject to the Privacy Act of 1974 (Title 1850. She can also be reached by CONTESTING RECORD PROCEDURES: 5 United States Code § 552a). CMS is telephone at 410–786–0393, or via e- The subject individual health care reorganizing its databases because of the mail at [email protected]. provider should contact the systems amount of information it collects to CMS is deleting the following systems manager named above, reasonably administer the Medicare program. of records.

System No. Title System Manager

09–70–0036 ...... Evaluation of the Competitive Bidding for Durable Medical Equipment HHS/CMS/ORDI Demo. 09–70–0053 ...... Medicare Beneficiary Health Status Registry ...... HHS/CMS/ORDI 09–70–0067 ...... End Stage Renal Disease Managed Care Demonstration ...... HHS/CMS/ORDI 09–70–0067 ...... Claims Payment System for Medicare’s Healthy Aging Demo Project HHS/CMS/ORDI 09–70–0540 ...... Data Collection of Medicare Beneficiaries Receiving Implantable HHS/CMS/OCSQ Cardioverter-Defibulators for Primary Prevention of Sudden. 09–70–0549 ...... Data Collection for Medicare Beneficiaries Receiving FDG Positron HHS/CMS/OCSQ Tomography for Brain, Ovarian, Pancreatic, Small Cell Lung and Testicular Cancer. 09–70–0554 ...... Anti-Cancer Chemotherapy for Colorectal Cancer (CRC) ...... HHS/CMS/OCSQ 09–70–0556 ...... Carotid Artery Stenting ...... HHS/CMS/OCSQ 09–70–0561 ...... Data Collection for Medicare Beneficiaries Receiving FDG Positron HHS/CMS/OCSQ Tomography for Dementia. 09–70–0570 ...... Medicare Bariatric Surgery System ...... HHS/CMS/OCSQ

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Dated: November 28, 2006. Organizational Capacity Among improving the capacity of faith-based John R. Dyer, Targeted Capacity Building Program and community organizations. This Chief Operating Officer, Centers for Medicare Grantees. component of the evaluation will & Medicaid Services. OMB No.: New Collection. involve approximately 250 faith-based [FR Doc. E6–20743 Filed 12–6–06; 8:45 am] Description: This proposed and community organizations. BILLING CODE 4120–03–P information collection activity is for a Information will be sought from these study that is one component of the organizations to assess change and evaluation of the Compassion Capital improvement in various areas of DEPARTMENT OF HEALTH AND Fund (CCF) program. The information organizational capacity resulting from HUMAN SERVICES collection will be through mailed receipt of a Targeted Capacity Building Administration for Children and surveys to be completed by selected grant. Families faith-based and community Respondents: The respondents will be organizations that received Targeted selected faith-based and community Capacity Building grants under the CCF Proposed Information Collection organizations that received a Targeted program. Activity: Comment Request Capacity Building grant in a prior year. The overall evaluation includes The surveys will be self-administered. Proposed Projects multiple components that will examine Title: Compassion Capital Fund indicators, outcomes and effectiveness Annual Burden Estimates: Evaluation—Indicators of of the CCF in meeting its objective of

Number of re- Average bur- Instrument Number of sponses per den hours per Total burden respondents respondent response hours

Indicators of Organizational Capacity Survey ...... 250 1 .33 82.5

Estimated Total Annual Burden Dated: December 1, 2006. OMB, Attn: FDA Desk Officer, FAX: Hours: 82.5 Robert Sargis, 202–395–6974. In compliance with the requirements Reports Clearance Office. FOR FURTHER INFORMATION CONTACT: of Section 3506(c)(2)(A) of the [FR Doc. 06–9581 Filed 12–6–06; 8:45 am] Jonna Capezzuto, Office of the Chief Paperwork Reduction Act of 1995, the BILLING CODE 4184–01–M Information Officer (HFA–250), Food Administration for Children and and Drug Administration, 5600 Fishers Families is soliciting public comment Lane, Rockville, MD 20857, 301–827– DEPARTMENT OF HEALTH AND on the specific aspects of the 4659. HUMAN SERVICES information collection described above. SUPPLEMENTARY INFORMATION: In Copies of the proposed collection of Food and Drug Administration compliance with 44 U.S.C. 3507, FDA information can be obtained and has submitted the following proposed comments may be forwarded by writing [Docket No. 2006N–0274] collection of information to OMB for to the Administration for Children and review and clearance. Agency Information Collection Families, Office of Administration, Activities; Submission for Office of Establishing and Maintaining a List of Office of Information Services, 370 Management and Budget Review; United States Dairy Product L’Enfant Promenade SW., Washington, Comment Request; Establishing and Manufacturers/Processors With Interest DC 20447. Attn: ACF Reports Clearance Maintaining a List of United States in Exporting to Chile—(OMB Control Officer. E-mail address: Dairy Product Manufacturers/ Number 0910–0509)—Extension [email protected]. All requests Processors With Interest in Exporting As a direct result of discussions that should be identified by the title of the to Chile have been adjunct to the U.S./Chile Free information collection. Trade Agreement, Chile has recognized AGENCY: Food and Drug Administration, The Department specifically requests FDA as the competent U.S. food safety HHS. comments on: (a) Whether the proposed authority and has accepted the U.S. collection of information is necessary ACTION: Notice. regulatory system for dairy inspections. for the proper performance of the Chile has concluded that it will not SUMMARY: The Food and Drug require individual inspections of U.S. functions of the agency, including Administration (FDA) is announcing whether the information shall have firms by Chile as a prerequisite for that a proposed collection of trade, but will accept firms identified by practical utility; (b) the accuracy of the information has been submitted to the agency’s estimate of the burden of the FDA as eligible to export to Chile. Office of Management and Budget Therefore, in the Federal Register of proposed collection of information; (c) (OMB) for review and clearance under June 22, 2005 (70 FR 36190), FDA the quality, utility, and clarity of the the Paperwork Reduction Act of 1995. announced the availability of a revised information to be collected; and (d) DATES: Fax written comments on the guidance document entitled ways to minimize the burden of the collection of information by January 8, ‘‘Establishing and Maintaining a List of collection of information on 2007. U.S. Dairy Product Manufacturers/ respondents. Consideration will be ADDRESSES: To ensure that comments on Processors With Interest in Exporting to given to comments and suggestions the information collection are received, Chile.’’ The guidance can be found at submitted within 60 days of this OMB recommends that written http://www.cfsan.fda.gov/ publication. comments be faxed to the Office of guidance.html. The guidance document Information and Regulatory Affairs, explains that FDA has established a list

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that is provided to the government of firms should submit to FDA in order to and address of the firm and the Chile and posted on FDA’s Internet site, be considered for inclusion on the list manufacturing plant; name, telephone which identifies U.S. dairy product and what criteria FDA intends to use to number, and e-mail address (if manufacturers/processors that have determine eligibility for placement on available) of the contact person; a list of expressed interest to FDA in exporting the list. The document also explains products presently shipped and dairy products to Chile, are subject to how FDA intends to update the list and expected to be shipped in the next 3 FDA jurisdiction, and are not the subject how FDA intends to communicate any years; identities of agencies that inspect of a pending judicial enforcement action new information to Chile. Finally, the the plant and the date of last inspection; (i.e., an injunction or seizure) or a revised guidance notes that FDA plant number and copy of last pending warning letter. The term ‘‘dairy considers the information on this list, inspection notice; and, if other than an products,’’ for purposes of this list, is which is provided voluntarily with the FDA inspection, copy of last inspection not intended to cover the raw understanding that it will be posted on report. FDA requests that this agricultural commodity raw milk. FDA’s Internet site and communicated Application for inclusion on the list is to, and possibly further disseminated information be updated every 2 years. voluntary. However, Chile has advised by, Chile, to be information that is not In the Federal Register of July 31, that dairy products from firms not on protected from disclosure under 5 2006 (71 FR 43202), FDA published a this list could be delayed or prevented U.S.C. 552(b)(4). Under this guidance, 60–day notice requesting public by Chilean authorities from entering FDA recommends that U.S. firms that comment on the information collection commerce in Chile. The revised want to be placed on the list send the provisions. No comments were received. guidance explains what information following information to FDA: Name TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Respond- Annual Frequency Total Annual Re- Hours per Re- Activity ents per Response sponses sponse Total Hours

New Written Requests To Be Placed On The List 15 1 15 1.5 22.5 Biannual Update 55 1 55 1.0 55.0 Occasional Updates 25 1 25 0.5 12.5 Total 90 1There are no capital costs or operating and maintenance costs associated with this collection of information.

The estimate of the number of firms information and corresponding with Information Officer (HFA–250), Food that will submit new written requests to FDA. In addition, FDA expects that, and Drug Administration, 5600 Fishers be placed on the list, biannual updates each year, approximately 25 firms will Lane, Rockville, MD 20857, 301–827– and occasional updates is based on the need to submit an occasional update 1472. FDA’s experience maintaining the list and each firm will require 0.5 hours to SUPPLEMENTARY INFORMATION: FDA is over the past 3 years. The estimate of prepare a communication to FDA withdrawing a 60-day notice entitled the number of hours that it will take a reporting the change. ‘‘Medical Device User Fee and firm to gather the information needed to Dated: November 30, 2006. Modernization Act Small Business be placed on the list or update its Jeffrey Shuren, Qualification Certification (Form FDA information is based on FDA’s Assistant Commissioner for Policy. 3602),’’ which published in the Federal experience with firms submitting Register of October 31, 2006 (71 FR similar requests. FDA believes that the [FR Doc. E6–20704 Filed 12–6–06; 8:45 am] 63765), because it is a duplicate of an information to be submitted will be BILLING CODE 4160–01–S earlier 60-day notice. The earlier 60-day readily available to the firms. notice published in the Federal Register To date, over 110 producers have DEPARTMENT OF HEALTH AND of August 29, 2006 (71 FR 51196). The sought to be included on the list. FDA HUMAN SERVICES October 31 notice was published in estimates that, each year, approximately error. 15 new firms will apply to be added to Food and Drug Administration Dated: November 30, 2006. the list. FDA estimates that a firm will [Docket No. 2006N–0426] require 1.5 hours to read the guidance, Jeffrey Shuren, Assistant Commissioner for Policy. gather the information needed, and to Withdrawal of Federal Register Notice prepare a communication to FDA that [FR Doc. E6–20705 Filed 12–6–06; 8:45 am] contains the information and requests AGENCY: Food and Drug Administration, BILLING CODE 4160–01–S that the firm be placed on the list. HHS. Under the revised guidance, every 2 ACTION: Notice; withdrawal. years each producer on the list must DEPARTMENT OF HEALTH AND provide updated information in order to SUMMARY: The Food and Drug HUMAN SERVICES remain on the list. FDA estimates that Administration (FDA) is announcing the National Institutes of Health each year approximately half of the withdrawal of a 60-day notice that firms on the list, 55 firms, will resubmit published in the Federal Register of October 31, 2006 (71 FR 63765). The National Cancer Institute; Notice of the information to remain on the list. Closed Meeting FDA estimates that a firm already on the document published in error. list will require 1.0 hours to biannually DATES: December 7, 2006. Pursuant to section 10(d) of the update and resubmit the information to FOR FURTHER INFORMATION CONTACT: Federal Advisory Committee Act, as FDA, including time reviewing the Denver Presley, Jr., Office of the Chief amended (5 U.S.C. Appendix 2) notice

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is hereby given of the following DEPARTMENT OF HEALTH AND Diseases Research; 93.839, Blood Diseases meeting. HUMAN SERVICES and Resources Research, National Institutes of Health, HHS) The meeting will be closed to the National Institutes of Health public in accordance with the Dated: December 1, 2006. provisions set forth in sections National Heart, Lung, and Blood Anna Snouffer, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Institute; Notice of Closed Meetings Acting Director, Office of Federal Advisory as amended. The purpose of this Committee Policy. meeting is to evaluate proposals for Pursuant to section 10(d) of the [FR Doc. 06–9573 Filed 12–6–06; 8:45 am] support through the RAID program by Federal Advisory Committee Act, as BILLING CODE 4140–01–M making available to the research amended (5 U.S.C. Appendix 2), notice is hereby given of the following community, on a competitive basis, NCI meetings. DEPARTMENT OF HEALTH AND new agent development contract The meetings will be closed to the HUMAN SERVICES resources for the preclinical public in accordance with the development of drugs and biologics. provisions set forth in sections National Institutes of Health The outcome of the evaluation will be 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., a decision whether NCI should support as amended. The grant applications and National Human Genome Research the request and make available contract the discussions could disclose Institute; Notice of Closed Meetings resources for support through the RAID confidential trade secrets or commercial program to the research community, property such as patentable material, Pursuant to section 10(d) of the NCI new agent development for the and personal information concerning Federal Advisory Committee Act, as preclinical development of drugs and individuals associated with the grant amended (5 U.S.C. Appendix 2), notice biologics. The research proposals and applications, the disclosure of which is hereby given of the following the discussions could disclose would constitute a clearly unwarranted meetings. confidential trade secrets or commercial invasion of personal privacy. The meetings will be closed to the property such as patentable material, Name of Committee: National Heart, Lung, public in accordance with the and personal information concerning and Blood Institute Special Emphasis Panel, provisions set forth in sections individuals associated with the Demonstration and Education Research 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., proposed research projects, the Grants. as amended. The grant applications and disclosure of which would constitute a Date: December 15, 2006. the discussions could disclose Time: 9 a.m. to 1 p.m. confidential trade secrets or commercial clearly unwarranted invasion of Agenda: To review and evaluate grant personal privacy. property such as patentable material, applications. and personal information concerning Place: National Institutes of Health, 6701 Name of Committee: National Cancer individuals associated with the grant Institute Special Emphasis Panel Rapid Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). applications, the disclosure of which Access to Intervention Development. Contact Person: Patricia A. Haggerty, PhD, would constitute a clearly unwarranted Date: December 20, 2006. Scientific Review Administrator, National invasion of personal privacy. Time: 8:30 a.m.–5 p.m. Heart, Lung, and Blood Institute/NIH, Agenda: To evaluate Rapid Access to Name of Committee: Center for Inherited Clinical Studies & Training Studies Rev. Disease Research Access Committee Group Intervention Development Portfolio. Grp., Division of Extramural Affairs/Section A. Place: National Institutes of Health, 6130 Chief, 6701 Rockledge Drive, Room 7194, Date: January 5, 2007. Executive Boulevard, Rm. 319, Rockville, MD Bethesda, MD 20892, 301/435–0288, Time: 8:30 a.m. to 3 p.m. [email protected]. 20852. Agenda: To review and evaluate grant This notice is being published less than 15 Contact Person: Phyllis G. Bryant, applications. days prior to the meeting due to the timing Executive Secretary, Program Analyst, Place: Embassy Suites at the Chevy Chase Developmental Therapeutics Program, limitations imposed by the review and funding cycle. Pavilion, 4300 Military Road, NW., National Cancer Institute, NIH, 6130 Washington, DC 20015. Executive Boulevard, Rm. 8022, Bethesda, Name of Committee: National Heart, Lung, Contact Person: Jerry Roberts, PhD, MD 20892, 301 435–9137. and Blood Institute Special Emphasis Panel, Scientific Review Administrator, Scientific Coronary Intervention Trial. Review Branch, National Institutes of Health, (Catalogue of Federal Domestic Assistance Date: December 19, 2006. Building 38A, Bethesda, MD 20892, 301 402– Program Nos. 93.392, Cancer Construction; Time: 12 p.m. to 3 p.m. 0838. 93.393, Cancer Cause and Prevention Agenda: To review and evaluate grant Research; 93.394, Cancer Detection and applications. Name of Committee: Center for Inherited Diagnosis Research; 93.395, Cancer Place: National Institutes of Health, 6701 Disease Research Access Committee Group B. Treatment Research; 93.396, Cancer Biology Rockledge Drive, Bethesda, MD 20892 Date: January 5, 2007. Research; 93.397, Cancer Centers Support; (Telephone Conference Call). Time: 3:15 p.m. to 4:30 p.m. Agenda: To review and evaluate grant 93.398, Cancer Research Manpower; 93.399, Contact Person: William J. Johnson, PhD, applications. Cancer Control, National Institutes of Health, Scientific Review Administrator, Review Branch, Division of Extramural Research Place: Embassy Suites at the Chevy Chase HHS) Activities, NIH/NHLBI, 6701 Rockledge Pavilion, 4300 Military Road, NW., Dated: November 30, 2006. Drive, Bethesda, MD 20892–7924, 301–435– Washington, DC 20015. Anna Snouffer, 0317, [email protected]. Contact Person: Rudy Pozzatti, PhD, This notice is being published less than 15 Scientific Review Administrator, Scientific Acting Director, Office of Federal Advisory days prior to the meeting due to the timing Review Branch, National Human Genome Committee Policy. limitations imposed by the review and Research Institute, 5635 Fishers Lane, Suite [FR Doc. 06–9577 Filed 12–6–06; 8:45 am] funding cycle. 4076, MSC 9306, Bethesda, MD 20852, (301) BILLING CODE 4140–01–M (Catalogue of Federal Domestic Assistance 402–0838, [email protected]. Program Nos. 93.233, National Center for (Catalogue of Federal Domestic Assistance Sleep Disorders Research; 93.837, Heart and Program Nos. 93.172, Human Genome Vascular Diseases Research; 93.838, Lung Research, National Institutes of Health, HHS)

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Dated: November 30, 2006. DEPARTMENT OF HEALTH AND may be limited to five minutes. Both printed Anna Snouffer, HUMAN SERVICES and electronic copies are requested for the record. In addition, any interested person Acting Director, Office of Federal Advisory National Institutes of Health may file written comments with the Committee Policy. committee by forwarding their statement to [FR Doc. 06–9576 Filed 12–6–06; 8:45 am] National Institute of Mental Health; the Contact Person listed on this notice. The BILLING CODE 4140–01–M Notice of Meeting statement should include the name, address, telephone number and when ap Pursuant to section 10(d) of the the business or professional affiliation of the DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as interested person. HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice In the interest of security, NIH has is hereby given of a meeting of the instituted stringent procedures for entrance National Advisory Mental Health onto the NIH campus. All visitor vehicles, National Institutes of Health including taxicabs, hotel, and airport shuttles Council. will be inspected before being allowed on National Institute on Drug Abuse; The meeting will be open to the campus. Visitors will be asked to show one Notice of Closed Meeting public as indicated below, with form of identification (for example, a attendance limited to space available. government-issued photo ID, driver’s license, Pursuant to section 10(d) of the Individuals who plan to attend and or passport) and to state the purpose of their Federal Advisory Committee Act, as need special assistance, such as sign visit. amended (5 U.S.C. Appendix 2), notice language interpretation or other Information is also available on the Institute’s/Center’s home page: http:// is hereby given of a meeting of the reasonable accommodations, should notify the Contact Person listed below www.nimh.nih.gov/council/advis.cfm, where Board of Scientific Counselors, NIDA. an agenda and any additional information for The meeting will be closed to the public in advance of the meeting. the meeting will be posted when available. as indicated below in accordance with The meeting will be closed to the public in accordance with the (Catalogue of Federal Domestic Assistance the provisions set forth in section Program Nos. 93.242, Mental Health Research provisions set forth in sections 552b(c)(6), Title 5 U.S.C., as amended Grants; 93.281, Scientist Development 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., for the review, discussion, and Award, Scientists Development Award for as amended. The grant applications and evaluation of individual intramural Clinicians, and Research Scientists Award; the discussions could disclose 93.282. Mental Health National Research programs and projects conducted by the confidential trade secrets or commercial Service Awards for Research Training, National Institute on Drug Abuse, property such as patentable material, National Institutes of Health, HHS) including consideration of personnel and personal information concerning Dated: December 1, 2006. qualifications and performance, and the individuals associated with the grant Anna Snouffer, competence of individual investigators, applications, the disclosure of which Acting Director, Office of Federal Advisory the disclosure of which would would constitute a clearly unwarranted Committee Policy. constitute a clearly unwarranted invasion of personal privacy. [FR Doc. 06–9574 Filed 12–6–06; 8:45 am] invasion of personal privacy. Name of Committee: National Advisory BILLING CODE 4140–01–M Name of Committee: Board of Scientific Mental Health Council. Counselors, NIDA. Date: January 11–12, 2007. Date: January 11, 2007. Closed: January 11, 2007, 10 a.m. to 4:30 DEPARTMENT OF HEALTH AND Time: 8:30 a.m. to 6 p.m. p.m. HUMAN SERVICES Agenda: To review and evaluate grant Agenda: To review and evaluate personal applications and the activities of the NIMH National Institutes of Health qualifications and performance, and Intramural Research Programs. competence of individual investigators. Place: National Institutes of Health, National Institute on Deafness and Place: Intramural Research Program, Neuroscience Center, 6001 Executive National Institute on Drug Abuse, NIH, Johns Boulevard, Conference Room C/D/E, Other Communication Disorders; Hopkins Bayview Campus, Bldg. C, 2nd Rockville, MD 20852. Notice of Closed Meeting Floor Auditorium, Baltimore, MD 21224. Open: January 12, 2007, 8:30 a.m. to 1 p.m. Pursuant to section 10(d) of the Agenda: Presentation of NIMH Director’s Contact Person: Stephen J. Heishman, PhD, Federal Advisory Committee Act, as Research Psychologist, Clinical Report and discussion on NIMH program and policy issues. amended (5 U.S.C. Appendix 2), notice Pharmacology Branch, Intramural Research Place: National Institutes of Health, is hereby given of the following Program, National Institute on Drug Abuse, Building 31C, 31 Center Drive, 6th Floor, meeting. National Institutes of Health, DHHS, 5500 Conference Room 6, Bethesda, MD 20892. The meeting will be closed to the Nathan Shock Drive, Baltimore, MD 21224, Contact Person: Jane A. Steinberg, PhD, public in accordance with the (410) 550–1547. Director, Division of Extramural Activities, provisions set forth in sections (Catalogue of Federal Domestic Assistance National Institute of Mental Health, NIH, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Program No. 93.279, Drug Abuse and Neuroscience Center, 6001 Executive Blvd., as amended. The grant applications and Room 6154, MSC 9609, Bethesda, MD 20892– Addiction Research Programs, National 9609, 301–443–5047. the discussions could disclose Institutes of Health, HHS) Any member of the public interested in confidential trade secrets or commercial Dated: December 1, 2006. presenting oral comments to the committee property such as patentable material, Anna Snouffer, may notify the Contact Person listed on this and personal information concerning notice at least 10 days in advance of the individuals associated with the grant Acting Director, Office of Federal Advisory meeting. Interested individuals and applications, the disclose of which Committee Policy. representatives of organizations may submit would constitute a clearly unwarranted [FR Doc. 06–9572 Filed 12–6–06; 8:45 am] a letter of intent, a brief description of the invasion of personal privacy. BILLING CODE 4140–01–M organization represented, and a short description of the oral presentation. Only one Name of Committee: National Institute of representative of an organization may be Deafness and Other Communication allowed to present oral comments and if Disorders Special Emphasis Panel, P30 Grant accepted by the committee, presentations Review.

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Date: January 25, 2007. Contact Person: Donald A.B. Lindberg, MD, agenda and any additional information for Time: 8 a.m. to 5 p.m. Director, National Library of Medicine, 8600 the meeting will be posted when available. Agenda: To review and evaluate grant Rockville Pike, Bethesda, MD 20894, 301– (Catalogue of Federal Domestic Assistance applications. 496–6221, [email protected]. Program Nos. 93.879, Medical Library Place: Hyatt Regency Bethesda, One Name of Committee: Board of Regents of Assistance, National Institutes of Health, Bethesda Metro Center, 7400 Wisconsin the National Library of Medicine HHS) Avenue, Bethesda, MD 20814. Subcommittee on Outreach and Public Contact Person: Stanley C. Oaks, PhD, Dated: December 1, 2006. Information. Scientific Review Administrator, Division of Date: February 6, 2007. Anna Snouffer, Extramural Activities, NIDCD, NIH, Open: 7:30 a.m. to 8:45 a.m. Acting Director, Office of Federal Advisory Executive Plaza South, Room 400C, 6120 Committee Policy. Executive Blvd—MSC 7180, Bethesda, MD Agenda: Outreach Activities. 20892–7180, 301–496–8683, [email protected]. Place: National Library of Medicine, [FR Doc. 06–9571 Filed 12–6–06; 8:45 am] Building 38, Conference Room B, 8600 BILLING CODE 4140–01–M (Catalogue of Federal Domestic Assistance Rockville Pike, Bethesda, MD 20892. Program Nos. 93.173, Biological Research Contact Person: Donald A.B. Lindberg, MD, Related to Deafness and Communicative Director, National Library of Medicine, 8600 Disorders, National Institutes of Health, HHS) Rockville Pike, Bethesda, MD 20894, 301– DEPARTMENT OF HOUSING AND Dated: November 30, 2006. 496–6221, [email protected]. URBAN DEVELOPMENT Anna Snouffer, Name of Committee: Board of Regents of the National Library of Medicine. [Docket No. FR–5037–N–88] Acting Director, Office of Federal Advisory Date: February 6–7, 2007. Committee Policy. Open: February 6, 2007, 9 a.m. to 4:30 p.m. Notice of Submission of Proposed [FR Doc. 06–9575 Filed 12–6–06; 8:45 am] Agenda: Program Discussion. Information Collection to OMB; PATH BILLING CODE 4140–01–M Place: National Library of Medicine, Survey of Homebuilding Product Building 38, 2nd Floor, Board Room, 8600 Manufacturers Rockville Pike, Bethesda, MD 20892. DEPARTMENT OF HEALTH AND Closed: February 6, 2007, 4:30 p.m. to 5 AGENCY: Office of the Chief Information HUMAN SERVICES p.m. Officer, HUD. Agenda: To review and evaluate grant ACTION: Notice. National Institutes of Health applications. Place: National Library of Medicine, SUMMARY: The proposed information National Library of Medicine; Notice of Building 38, 2nd Floor, Board Room, 8600 collection requirement described below Meetings Rockville Pike, Bethesda, MD 20892. has been submitted to the Office of Open: February 7, 2007, 9 a.m. to 12 p.m. Management and Budget (OMB) for Pursuant to section 10(d) of the Agenda: Program Discussion. review, as required by the Paperwork Federal Advisory Committee Act, as Place: National Library of Medicine, Reduction Act. The Department is amended (5 U.S.C. Appendix 2), notice Building 38, 2nd Floor, Board Room, 8600 soliciting public comments on the is hereby given of the meetings of the Rockville Pike, Bethesda, MD 20892. Contact Person: Donald A.B. Lindberg, MD, subject proposal. Board of Regents of the National Library Director, National Library of Medicine, 8600 This request if for the clearance of a of Medicine. Rockville Pike, Bethesda, MD 20894, 301– survey instrument of assess the state of The meetings will be open to the 496–6221, [email protected]. public as indicated below, with operational and organizational Name of Committee: Board of Regents of performance among homebuilding attendance limited to space available. the National Library of Medicine Planning Individuals who plan to attend and product manufacturers (both large and Subcommittee. small) with regard to product need special assistance, such as sign Date: February 7, 2007. language interpretation or other Open: 7:30 a.m. to 8:45 a.m. development and innovations. reasonable accommodations, should Agenda: Long-Range Planning Discussion. DATES: Comments Due Date: January 8, notify the Contact Person listed below Place: National Library of Medicine, 2007. in advance of the meeting. Building 38, Conference Room B, 8600 ADDRESSES: Interested persons are The meetings will be closed to the Rockville Pike, Bethesda, MD 20892. invited to submit comments regarding public in accordance with the Contact Person: Donald A.B. Lindberg, MD, Director, National Library of Medicine, 8600 this proposal. Comments should refer to provisions set forth in sections Rockville Pike, Bethesda, MD 20894, 301– the proposal by name and/or OMB 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 496–6221, [email protected]. approval Number (2528—New) and as amended. The grant applications and Any interested person may file written should be sent to: HUD Desk Officer, the discussions could disclose comments with the committee by forwarding Office of Management and Budget, New confidential trade secrets or commercial the statement to the Contact Person listed on Executive Office Building, Washington, property such as patentable material, this notice. The statement should include the DC 20503; fax: 202–395–6974. and personal information concerning name, address, telephone number and when FOR FURTHER INFORMATION CONTACT: applicable the business or professional individuals associated with the grant Lillian Deitzer, Departmental Reports applications, the disclosure of which affiliation of the interested person. In the interest of security, NIH has Management Officer, QDAM, would constitute a clearly unwarranted instituted stringent procedures for entrance Department of Housing and Urban invasion of personal privacy. onto the NIH campus. All visitor vehicles, Development, 451 Seventh Street, SW, Name of Committee: Board of Regents of including taxicabs, hotel, and airport shuttles Washington, DC 20410; e-mail the National Library of Medicine Extramural will be inspected before being allowed on [email protected] or Programs Subcommittee. campus. Visitors will be asked to show one telephone (202) 708–2374. This is not a Date: February 6, 2007. form of identification (for example, a toll-free number. Copies of available government-issued photo ID, driver’s license, Closed: 7:15 a.m. to 8:45 a.m. documents submitted to OMB may be Agenda: To review and evaluate grant or passport) and to state the purpose of their applications. visit. obtained from Ms. Deitzer or from Place: National Library of Medicine, Information is also available on the HUD’s Web site at http:// Building 38A, B1N30Q, 8600 Rockville Pike, Institute’s/Center’s home page: http:// hlannwp031.hud.gov/po/i/icbts/ Bethesda, MD 20892. www.nlm.nih.gov/od/bor/bor.html, where an collectionsearch.cfm.

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SUPPLEMENTARY INFORMATION: This accuracy of the agency’s estimate of the Title of Proposal: PATH Survey of notice informs the public that the burden of the proposed collection of Homebuilding Product Manufacturers. Department of Housing and Urban information; (3) Enhance the quality, OMB Approval Number: 2528-(New). Development has submitted to OMB a utility, and clarity of the information to Form Numbers: None. request for approval of the information be collected; and (4) Minimize the Description of the Need For the collection described below. This notice burden of the collection of information Information and Its Proposed Use: This is soliciting comments from members of on those who are to respond; including request if for the clearance of a survey the public and affecting agencies through the use of appropriate instrument of assess the state of concerning the proposed collection of automated collection techniques or operational and organizational information to: (1) Evaluate whether the other forms of information technology, performance among homebuilding proposed collection of information is e.g., permitting electronic submission of product manufacturers (both large and necessary for the proper performance of responses. small) with regard to product the functions of the agency, including development and innovations. whether the information will have This notice also lists the following Frequency of Submission: On practical utility; (2) Evaluate the information: occasion, Other Once only.

Number of re- × Annual re- × Hours per respondents sponses sponse = Burden hours

Reporting Burden ...... 150 1 0.58 88

Total Estimated Burden Hours: 88. SUPPLEMENTARY INFORMATION: The lessee petition for reinstatement from Windsor Status: New Collection. has agreed to the amended lease terms Beaver Creek LLC for competitive oil for rentals and royalties at rates of Authority: Section 3507 of the Paperwork and gas lease WYW147371 for land in Reduction Act of 1995, 44 U.S.C. 35, as $10.00 per acre or fraction thereof, per Sheridan County, Wyoming. The 2 amended. year and 16 ⁄3 percent, respectively. The petition was filed on time and was lessee has paid the required $500 accompanied by all the rentals due Dated: December 1, 2006. administrative fee and $163 to since the date the lease terminated Lillian L. Deitzer, reimburse the Department for the cost of under the law. Departmental Paperwork Reduction Act this Federal Register notice. The lessee Officer, Office of the Chief Information has met all the requirements for FOR FURTHER INFORMATION CONTACT: Officer. reinstatement of the lease as set out in Bureau of Land Management, Pamela J. [FR Doc. E6–20703 Filed 12–6–06; 8:45 am] Sections 31(d) and (e) of the Mineral Lewis, Chief, Branch of Fluid Minerals BILLING CODE 4210–67–P Lands Leasing Act of 1920 (30 U.S.C. Adjudication, at (307) 775–6176. 188), and the Bureau of Land SUPPLEMENTARY INFORMATION: The lessee Management is proposing to reinstate has agreed to the amended lease terms lease WYW147368 effective February 1, DEPARTMENT OF THE INTERIOR for rentals and royalties at rates of 2006, under the original terms and $10.00 per acre or fraction thereof, per Bureau of Land Management conditions of the lease and the 2 increased rental and royalty rates cited year and 16 ⁄3 percent, respectively. The [WY–920–1310–01; WYW147368] above. BLM has not issued a valid lease lessee has paid the required $500 affecting the lands. administrative fee and $163 to Wyoming: Notice of Proposed reimburse the Department for the cost of Reinstatement of Terminated Oil and Julie L. Weaver, this Federal Register notice. The lessee Gas Lease Land Law Examiner. has met all the requirements for [FR Doc. E6–20710 Filed 12–6–06; 8:45 am] reinstatement of the lease as set out in AGENCY: Bureau of Land Management, BILLING CODE 4310–22–P Sections 31(d) and (e) of the Mineral Interior. Lands Leasing Act of 1920 (30 U.S.C. ACTION: Notice of proposed 188), and the Bureau of Land reinstatement of terminated oil and gas DEPARTMENT OF THE INTERIOR Management is proposing to reinstate lease. Bureau of Land Management lease WYW147371 effective February 1, SUMMARY: Under the provisions of 30 2006, under the original terms and U.S.C. 188(d) and (e), and 43 CFR [WY–920–1310–01; WYW147371] conditions of the lease and the 3108.2–3(a) and (b)(1), the Bureau of increased rental and royalty rates cited Land Management (BLM) received a Wyoming: Notice of Proposed above. BLM has not issued a valid lease petition for reinstatement from Windsor Reinstatement of Terminated Oil and affecting the lands. Beaver Creek LLC for competitive oil Gas Lease Julie L. Weaver, and gas lease WYW147368 for land in AGENCY: Bureau of Land Management, Land Law Examiner. Sheridan County, Wyoming. The Interior. petition was filed on time and was [FR Doc. E6–20711 Filed 12–6–06; 8:45 am] ACTION: Notice of proposed accompanied by all the rentals due BILLING CODE 4310–22–P reinstatement of terminated oil and gas since the date the lease terminated lease. under the law. FOR FURTHER INFORMATION CONTACT: SUMMARY: Under the provisions of 30 Bureau of Land Management, Pamela J. U.S.C. 188(d) and (e), and 43 CFR Lewis, Chief, Branch of Fluid Minerals 3108.2–3(a) and (b)(1), the Bureau of Adjudication, at (307) 775–6176. Land Management (BLM) received a

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DEPARTMENT OF THE INTERIOR January 1, 2007, with the annual report Dated: November 8, 2006. and payment due February 29, 2008 Lucy Querques Denett, Minerals Management Service (unless an estimated payment is on file, Associate Director for Minerals Revenue which will move the due date to March Management. States’ Decisions on Participating in 31, 2008). To qualify for the second [FR Doc. E6–20708 Filed 12–6–06; 8:45 am] Accounting and Auditing Relief for option of relief (other requested relief), Federal Oil and Gas Marginal BILLING CODE 4310–MR–P properties must have produced less than Properties 15 BOE per well per day for the base AGENCY: Minerals Management Service, period. DEPARTMENT OF THE INTERIOR Interior. The following table shows the States National Park Service ACTION: Notice of states’ decisions to that have marginal properties, where a participate or not participate in portion of the royalties are shared Notice of Receipt of Application for accounting and auditing relief for between the state and MMS, and the Telecommunication Site Federal oil and gas marginal properties States’ decisions to allow one or both located in their state for calendar year forms of relief. AGENCY: National Park Service, Glen 2007. Canyon National Recreation Area, Notification- Request- Interior. SUMMARY: The Minerals Management based relief based relief Service (MMS) published final State (less than (less than 15 ACTION: Notice. regulations on September 13, 2004 (69 1,000 boe per boe per well FR 55076), codified at 30 CFR 204.200– year) per day) SUMMARY: (Authority: 47 U.S.C. 332 215, to provide accounting and auditing (Telecommunications Act of 1996); 16 Alabama ...... No ...... No. relief for marginal Federal oil and gas U.S.C. 5; other applicable authorities Arkansas ...... Yes ...... Yes. properties. The rule requires MMS to and Director’s order 53) Glen Canyon California ...... No ...... No. publish in the Federal Register the National Recreation Area has received Colorado ...... No ...... No. an application from Commnet Four decisions of the States concerned to Kansas ...... No ...... No. allow or not to allow one or both forms Corners, LLC, to install and operate a Louisiana ..... Yes ...... Yes. wireless (cellular) telephone system. of relief in their State. As required in the Michigan ...... Yes ...... No. rule, MMS provided states receiving a The location of the proposed Mississippi ... No ...... Yes. telecommunication site is at the Lake portion of the Federal royalties with a Montana ...... Yes ...... No. list of qualifying marginal Federal oil Powell Resort near Page, Arizona. Nebraska ..... Yes ...... Yes. Commnet ‘‘brokers’’ cellular time with and gas properties located in their State Nevada ...... No ...... No. so that each affected State could decide major cellular providers enabling most New Mexico No ...... No. callers to connect and be billed based on whether to participate in one or both North Dakota No ...... No. their existing calling plans. Both voice relief options. This notice provides the Oklahoma .... No ...... No. and data services will eventually be decisions by the States concerned to South Dakota Yes ...... Yes. available. allow one or both types of relief. Utah ...... No ...... No. DATES: Effective January 1, 2007. Wyoming ...... Yes ...... No. DATES: Comments on this proposal can FOR FURTHER INFORMATION CONTACT: be mailed to the address shown below Mary Williams, Manager, Federal Federal oil and gas properties located and must be received within 30 days of Onshore Oil and Gas Compliance and in all other States, where a portion of the publication of this notice in the Asset Management, telephone (303) the royalties are not shared with the Federal Register. Our practice is to 231–3403, FAX (303) 231–3744, e-mail State, are eligible for relief if they make comments, including names, to [email protected], or mail to qualify as marginal under this rule. home addresses, home phone numbers, P.O. Box 25165, MS 392B2, Denver and email addresses of respondents, Federal Center, Denver, Colorado For information on how to obtain available for public review. Individual 80225–0165. relief, please refer to the rule, which can respondents may request that we be viewed on the MMS Web site at SUPPLEMENTARY INFORMATION: The rule withhold their names and/or home http://www.mrm.mms.gov/Laws_R_D/ implemented certain provisions of addresses, etc., but if you wish us to FRNotices/AC30.htm. Section 7 of the Federal Oil and Gas consider withholding this information Royalty Simplification and Fairness Act All correspondence, records, or you must state this prominently at the of 1996 and provides two options for information received in response to this beginning of your comments. In relief: (1) Notification-based relief for notice are subject to disclosure under addition, you must present a rationale annual reporting, and (2) other the Freedom of Information Act. All for withholding this information. This requested relief, as proposed by information provided will be made rationale must demonstrate that industry and approved by MMS and the public unless the respondent identifies disclosure would constitute a clearly State concerned. The rule requires that which portions are proprietary. Please unwarranted invasion of privacy. MMS publish by December 1 of each highlight the proprietary portions, Unsupported assertions will not meet year, a list of the States and their including any supporting this burden. In the absence of decisions regarding marginal property documentation, or mark the page(s) that exceptional, documentable relief. contain proprietary data. Proprietary circumstances, this information will be To qualify for the first option of relief information is protected by the Federal released. We will always make (notification-based relief) for calendar Oil and Gas Royalty Management Act of submissions from organizations or year 2007, properties must have 1982 (30 U.S.C. 1733), the Freedom of businesses, and from individuals produced less than 1,000 barrels-of-oil- Information Act (5 U.S.C. 552 (b)(4), the identifying themselves as equivalent (BOE) per year for the base Indian Mineral Development Act of representatives of or officials of period (July 1, 2005–June 30, 2006). 1982 (25 U.S.C. 2103), and Department organizations or businesses, available Annual reporting relief will begin on regulations (43 CFR part 2). for public inspection in their entirety.

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ADDRESSES: This document is available DEPARTMENT OF THE INTERIOR Peabody Museum of Archaeology and for review at Glen Canyon NRA Ethnology’s continuing inventory work. Headquarters, 691 Scenic View Drive, National Park Service Although the method used to quantify Page, AZ 86040, between the hours of 7 objects has changed, the previously Notice of Inventory Completion: a.m. and 4 p.m. MST. reported cultural items in this collection Peabody Museum of Archaeology and remain the same. FOR FURTHER INFORMATION CONTACT: Glen Ethnology, Harvard University, In the Federal Register of August 14, Canyon NRA, P.O. Box 1507, Page, AZ Cambridge, MA; Correction 2003, on page 48628, paragraph number 86040, or by going to http:// AGENCY: National Park Service, Interior. 7 is corrected by substituting the parkplanning.nps.gov/glca. following paragraph: ACTION: Notice; correction. In 1887, human remains representing SUPPLEMENTARY INFORMATION: Currently, one individual were removed from Notice is here given in accordance there is limited cellular service in the Sandwich, Barnstable County, MA, by with the Native American Graves Wahweap Resort area, which receives Lombard C. Jones. Dr. Jones donated the Protection and Repatriation Act over 1,000,000 visitors per year. The human remains to the Peabody Museum (NAGPRA), 25 U.S.C. 3003 (5), of the cellular antennas are to be installed on of Archaeology and Ethnology in 1908. completion of an inventory of human the roof of the Rainbow Room No known individual was identified. remains and associated funerary objects Restaurant. The Rainbow Room The one associated funerary object is a in the possession of the Peabody Restaurant is a non-historic structure in nail with a wood fragment. the Lake Powell Resort developed area. Museum of Archaeology and Ethnology, In the Federal Register of August 14, Harvard University, Cambridge, MA. The proposed site includes six 51 inch 2003, on page 48631, paragraph number The human remains and associated by 13 inch by 3 inch rectangular panel 7 is corrected by substituting the funerary objects were removed from following paragraph: antennas mounted on the roof of the Barnstable and Plymouth Counties, MA. Rainbow Room Restaurant and nearby In 1867, human remains representing This notice is published as part of the one individual from Nantasket Beach in ground mounted associated radio National Park Service’s administrative equipment shielded by a cedar privacy Hull, Plymouth County, MA, were responsibilities under NAGPRA, 25 donated to the Peabody Museum of fence matching existing fencing. The U.S.C. 3003 (d)(3). The determinations antennas will protrude approximately Archaeology and Ethnology by Jeffries in this notice are the sole responsibility Wyman. The human remains were 50 inches above the existing roof line. of the museum, institution, or Federal collected by Mr. Wyman at an unknown The antenna panels will be painted to agency that has control of the Native date. No known individual was match the Lake Powell Resort color American human remains and identified. The 17 associated funerary scheme. Neither the antennas nor the associated funerary objects. The objects are 16 shell-tempered pottery associated equipment will have any National Park Service is not responsible sherds and 1 lot of ceramic body sherds. adverse effects on the area’s scenery or for the determinations in this notice. In the Federal Register of August 14, visual resources. A detailed assessment of the 2003, at page 48631, paragraph number The staff at Glen Canyon National associated funerary objects was made by 9 is corrected by substituting the Recreation Area has completed a review the Peabody Museum of Archaeology following paragraph: and analysis pursuant to the National and Ethnology professional staff in In 1881, human remains representing consultation with representatives of the Environmental Policy Act (NEPA), the six individuals were removed from the Wampanoag Repatriation Confederation, National Historic Preservation Act, the Patuxet Hotel site in Kingston, on behalf of the Wampanoag Tribe of Plymouth County, MA, by L. H. Keith Telecommunications Act of 1996, and Gay Head (Aquinnah) of Massachusetts, National Park Service requirements, and were donated to the Peabody Assonet Band of the Wampanoag Nation Museum of Archaeology and Ethnology policy and regulations. The NPS has (a non-federally recognized Indian by Mr. Keith in the same year. No categorically excluded this proposal group), and Mashpee Wampanoag known individuals were identified. The from further analysis under NEPA, and Indian Tribe (a non-federally recognized 18 associated funerary objects are 1 has determined that there will not be Indian group). container of human hair and cloth, 1 any adverse effects or impairment to the This notice corrects the number of container of cloth fragments, 1 container park’s natural and cultural resources. associated funerary objects reported in a of iron nails, 1 container of wood Copies of the NPS analysis and NEPA Notice of Inventory Completion fragments, 1 container of iron knife documents are available at Glen Canyon published in the Federal Register on fragments, 1 metal spoon, 1 lot of textile NRA, 691 Scenic View Drive, Page, AZ August 14, 2003, (FR Doc 03–20754, and wood fragments with soil matrix, 2 86040, or can be requested by writing to pages 48626–48634). In 2006, the kaolin clay pipes, 3 pieces of lead, 1 Glen Canyon NRA, Attention Stan Peabody Museum of Archaeology and stone button mold, 3 lead buttons, and Burman, PO Box 1507, Page, AZ 86040, Ethnology identified one error in a 2 flint flakes. or by going to http:// collector’s name, identified one error in In the Federal Register of August 14, parkplanning.nps.gov/glca. a collection date, and identified 2003, on page 48632, paragraph number additional associated funerary objects 7 is corrected by substituting the Nancie E. Ames, from four sites in southeastern MA. The following paragraph: Deputy Superintendent. Peabody Museum of Archaeology and In 1933, human remains representing [FR Doc. 06–9566 Filed 12–6–06; 8:45 am] Ethnology also changed the method one individual were removed from the BILLING CODE 4312–EF–M used to quantify reported cultural items. Herring Weir area of Mattapoisett, In light of these findings, the original Plymouth County, MA, and were Notice of Inventory Completion is donated to the Peabody Museum of amended to decrease the calculated Archaeology and Ethnology by number from 127 to 113 associated Raymond H. Baxter. The human funerary objects. Changes to the original remains were discovered by men inventories come as a result of the working in the area in 1932. No known

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individual was identified. The 11 Assonet Band of the Wampanoag Nation In 1916, Vern N. Thornburgh sold a associated funerary objects are 1 (a non-federally recognized Indian war bundle, also known as a portable fragmented copper kettle, 2 copper sheet group), and Mashpee Wampanoag shrine, to the Peabody Museum of fragments, 5 fragments of iron Indian Tribe (a non-federally recognized Archaeology and Ethnology. The bundle implements, 1 container of red clay, 1 Indian group) that this notice has been consists of 13 cultural items which are container of skin and bark, and 1 large published. 1 eagle claw, 1 scalp, 1 thong wrapping, fragment of a woven bag. Dated: November 9, 2006. 1 buffalo hair bag, 2 buckskin bags, 1 In the Federal Register of August 14, matting bag, 1 inner buckskin wrapper Sherry Hutt, 2003, on page 48633, paragraph for a sacred bird, 1 band of buckskin, 1 numbers 9 and 10 are corrected by Manager, National NAGPRA Program. sacred bird, 1 pipe, 1 bladder pouch, substituting the following paragraphs: [FR Doc. E6–20750 Filed 12–6–06; 8:45 am] and 1 lot of tobacco. According to Officials of the Peabody Museum of BILLING CODE 4312–50–S museum documentation, Mr. Archaeology and Ethnology have Thornburgh purchased the cultural determined that, pursuant to 25 U.S.C. items in 1915 or earlier from an Osage 3001 (9–10), the human remains DEPARTMENT OF THE INTERIOR man named Mi–da–in–ga, who most described above represent the physical National Park Service likely belonged to the Tsi–zhu Wa– remains of 238 individuals of Native shta–ge clan of the Tsi–zhu moiety of American ancestry. Officials of the Notice of Intent to Repatriate Cultural the Osage tribe. Museum information Peabody Museum of Archaeology and Items: Peabody Museum of indicates that Mr. Thornburgh obtained Ethnology also have determined that, Archaeology and Ethnology, Harvard the cultural items in Oklahoma. The pursuant to 25 U.S.C. 3001 (3)(A), the University, Cambridge, MA bundle is described in museum 113 objects described above are documentation as an Osage object. reasonably believed to have been placed AGENCY: National Park Service, Interior. Historical, anthropological, and with or near individual human remains ACTION: Notice. consultation evidence indicates that at the time of death or later as part of bundles and their accouterments, the death rite or ceremony. Lastly, Notice is here given in accordance including mats, were specialized objects officials of the Peabody Museum of with the Native American Graves associated with bundle ceremonies. Archaeology and Ethnology have Protection and Repatriation Act Objects used in bundle ceremonies, determined that, pursuant to 25 U.S.C. (NAGPRA), 25 U.S.C. 3005, of the intent including primary ritual objects 3001 (2), there is a relationship of to repatriate cultural items in the (bundles) and secondary ritual objects shared group identity that can be possession of the Peabody Museum of (which might include mats) were reasonably traced between the Native Archaeology and Ethnology, Harvard ceremonially made and consecrated and American human remains and University, Cambridge, MA, that meet were symbolically kept by a clan on associated funerary objects and the the definition of ‘‘objects of cultural behalf of the tribe. Wampanoag Tribe of Gay Head patrimony’’ under 25 U.S.C. 3001. In correspondence to Charles C. (Aquinnah) of Massachusetts, and there This notice is published as part of the Willoughby, Peabody Museum of is a cultural relationship between the National Park Service’s administrative Archaeology and Ethnology director, the human remains and associated funerary responsibilities under NAGPRA, 25 collector, Mr. Thornburgh, repeatedly objects and the Assonet Band of the U.S.C. 3003 (d)(3). The determinations pointed out that bundles were not Wampanoag Nation (a non-federally in this notice are the sole responsibility owned by any individual member of the recognized Indian group) and Mashpee of the museum, institution, or Federal tribe, but by the tribe itself. The Wampanoag Indian Tribe (a non- agency that has control of the cultural correpondence states that ‘‘these war federally recognized Indian group). items. The National Park Service is not bundles . . . are not controlled by an Representatives of any other Indian responsible for the determinations in individual that you might deal with but tribe that believes itself to be culturally this notice. by the leading men of the tribe’’;‘‘this affiliated with the human remains and The 15 cultural items are 2 woven bundle was not owned by an individual associated funerary objects should rush mats used in bundle ceremonies but by the tribe, or rather controlled by contact Patricia Capone, Repatriation and a war bundle or portable shrine, the tribe, but was kept by an individual Coordinator, Peabody Museum of which consists of 1 eagle claw, 1 scalp, as a keeper for the tribe, and goes to Archaeology and Ethnology, Harvard 1 thong wrapping, 1 buffalo hair bag, 2 make up the organization of the tribe, University, 11 Divinity Avenue, buckskin bags, 1 matting bag, 1 inner consisting of various clans’’; and ‘‘this Cambridge, MA 02138, telephone (617) buckskin wrapper for a sacred bird, 1 bundle . . . belongs to the Hiln ah sha 496–3702, before January 8, 2007. band of buckskin, 1 sacred bird, 1 pipe, tsa – Red Eagle clan – other names are Repatriation of the associated funerary 1 bladder pouch, and 1 lot of tobacco. Yellow hand – Wah–shin pe ashi objects to the Wampanoag Repatriation An assessment of the 15 cultural people, or Clan of people.’’ A Confederation, on behalf of the items was made by Peabody Museum of preponderance of the evidence thus Wampanoag Tribe of Gay Head Archaeology and Ethnology staff in indicates that the named individual, (Aquinnah) of Massachusetts, Assonet consultation with representatives of the Mi–da–in–ga, was not the owner of the Band of the Wampanoag Nation (a non- Osage Tribe, Oklahoma. war bundle, nor was he in a position to federally recognized Indian group), and In 1909, M.R. Harrington sold two sell it to Mr. Thornburgh. Consultation Mashpee Wampanoag Indian Tribe (a woven rush mats used in bundle with tribal representatives of the Osage non-federally recognized Indian group) ceremonies to the Peabody Museum of Tribe, Oklahoma supports the notion may proceed after that date if no Archaeology and Ethnology. According that both bundles and bundle mats were additional claimants come forward. to museum documentation, Mr. the responsibility of, and in the physical The Peabody Museum of Archaeology Harrington acquired the cultural items control of, an individual caretaker but and Ethnology is responsible for in 1908 or 1909 from a Mrs. Red Corn were communally owned and existed notifying the Wampanoag Repatriation in Oklahoma. The mats are described in for the well being of the group. Confederation, Wampanoag Tribe of Gay museum documentation as Osage It is currently unclear if the two Head (Aquinnah) of Massachusetts, objects. woven rush mats were used only for the

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unpacking of bundles or if they were determined that, pursuant to 25 U.S.C. agency that has control of the cultural also used as, or were intended also to be 3001 (3)(D), the cultural items have item. The National Park Service is not used as, woven rush mat bags enclosing ongoing historical, traditional, and responsible for the determinations in bundles. A woven rush mat bag was one cultural importance central to the this notice. of several necessary, consecrated, and Native American group or culture itself, A detailed assessment of the inalienable elements constituting a rather than property owned by an unassociated funerary object was made bundle. Consultation and historic, individual. Officials of the Peabody by the Peabody Museum of Archaeology anthropological, and museum evidence Museum of Archaeology and Ethnology and Ethnology professional staff in suggest that, even if the mats were not also have determined that, pursuant to consultation with representatives of the themselves elements of a bundle, they 25 U.S.C. 3001 (2), there is a Wampanoag Repatriation Confederation, may be considered ‘‘secondary’’ ritual relationship of shared group identity on behalf of the Wampanoag Tribe of objects. In addition to primary ritual that can be reasonably traced between Gay Head (Aquinnah) of Massachusetts, objects, such as bundles, the Osage tribe the 15 objects of cultural patrimony and Assonet Band of the Wampanoag Nation used many types of secondary ritual the Osage Tribe, Oklahoma. (a non-federally recognized Indian objects that were sanctified through Representatives of any other Indian group), and Mashpee Wampanoag consecration and were associated with tribe that believes itself to be culturally Indian Tribe (a non-federally recognized primary ritual objects. The mats affiliated with the objects of cultural Indian group). reported here were specifically patrimony should contact Patricia In 1967, a metal pin (possibly a associated with and used in bundle Capone, Repatriation Coordinator, shroud pin) with fragments of textile ceremonies and, therefore, appear to fit Peabody Museum of Archaeology and and soil was discovered by the the category of secondary ritual objects. Ethnology, Harvard University, 11 Fernandez Construction Company in the Like primary ritual objects, secondary Divinity Avenue, Cambridge, MA vicinity of Atkinson Drive in objects were symbolically kept by a clan 02138, telephone (617) 496–3702, before Bridgewater, Plymouth County, MA, on behalf of the tribe, were communally January 8, 2007. Repatriation of the and was donated later that same year to owned, and existed for the well being of objects of cultural patrimony to the the Peabody Museum of Archaeology the group. Osage Tribe, Oklahoma may proceed and Ethnology by Dr. Pierce H. Leavitt, Bundles and mats continue to play an after that date if no additional claimants Plymouth County Medical Examiner. important, ongoing role in the spiritual come forward. Museum documentation indicates that and religious identity of contemporary The Peabody Museum of Archaeology the metal pin had been recovered with Osage people. Population decline and and Ethnology is responsible for human remains from a grave. The changing social and material conditions notifying the Osage Tribe, Oklahoma human remains that were originally (including the spread of Christianity) in that this notice has been published. associated with this cultural item were the late 19th and 20th centuries described in a Notice of Inventory prompted Osage individuals to modify Dated: November 9, 2006. Completion in the Federal Register on and reinterpret religious practices. Sherry Hutt, August 14, 2003, (FR Doc 03–20754, Consultation with Osage tribal Manager, National NAGPRA Program. pages 48626–48634), and have since representatives clarifies that while [FR Doc. E6–20701 Filed 12–6–06; 8:45 am] been transferred to the culturally traditional Osage spiritual and religious BILLING CODE 4312–50–S affiliated tribe. Therefore, this cultural practices have meshed with Christian item is an unassociated funerary object. beliefs, elements from older practices, This interment most likely dates to such as bundles and mats like the ones DEPARTMENT OF THE INTERIOR the Historic/Contact period (post 500 reported here, continue to be used and B.P.). This straight pin is of European safeguarded by tribal members. For National Park Service manufacture and probably dates from the 17th or 18th century. In a burial example, the bundle discussed here, Notice of Intent to Repatriate a Cultural which is documented as coming from context, the recovery of copper alloy Item: Peabody Museum of pins and pin fragments, or the presence the Tsi–zhu Wa–shta–ge clan, plays an Archaeology and Ethnology, Harvard ongoing role in the clan’s identity as of discrete copper staining, suggests the University, Cambridge, MA peacemakers, orators, and doctors. use of such pins to secure shrouds. Based on anthropological, AGENCY: National Park Service, Interior. Coffin nails were also found with the geographical, and historical ACTION: Notice. human remains. The use of coffins, information; museum records; coffin nails, shrouds, and shroud pins is consultation evidence; and expert Notice is here given in accordance consistent with colonial Christian opinion, there is a cultural affiliation with the Native American Graves interment customs and suggests this between the Osage Tribe, Oklahoma and Protection and Repatriation Act interment dates from the Historic the 15 cultural items. The specific (NAGPRA), 25 U.S.C. 3005, of the intent period. Dr. Dena Dincauze, formerly of cultural attribution of the cultural items to repatriate a cultural item in the the Peabody Museum of Archaeology in museum records indicates an possession of the Peabody Museum of and Ethnology, commented that the affiliation to the Osage people. Archaeology and Ethnology, Harvard graves are likely from the 18th century Futhermore, Oklahoma lies within the University, Cambridge, MA, that meets and that the graves appeared to be traditional territory of the Osage people. the definition of ‘‘unassociated funerary Christian Native American burials. Consultation evidence and other object’’ under 25 U.S.C. 3001. The Oral tradition and historical research supports that stylistic cultural item was removed from documentation indicate that characteristics of the cultural items Plymouth County, MA. Bridgewater, MA, is within the reported here are consistent with This notice is published as part of the aboriginal and historic homeland of the traditional Osage forms. Present-day National Park Service’s administrative Wampanoag Nation. The present-day descendants of the Osage people are responsibilities under NAGPRA, 25 Indian tribe and groups that are most members of the Osage Tribe, Oklahoma. U.S.C. 3003 (d)(3). The determinations closely affiliated with the Wampanoag Officials of the Peabody Museum of in this notice are the sole responsibility Nation are the Wampanoag Tribe of Gay Archaeology and Ethnology have of the museum, institution, or Federal Head (Aquinnah) of Massachusetts,

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Assonet Band of the Wampanoag Nation Dated: November 9, 2006. The two brass tubes were collected by (a non-federally recognized Indian Sherry Hutt, J.V.C. Smith in 1831 from Fall River, group), and Mashpee Wampanoag Manager, National NAGPRA Program. Bristol County, MA, and were donated Indian Tribe (a non-federally recognized [FR Doc. E6–20702 Filed 12–6–06; 8:45 am] to the Peabody Museum of Archaeology Indian group). BILLING CODE 4312–50–S and Ethnology, by F. Kneeland in 1886. Museum documentation indicates that Officials of the Peabody Museum of the brass tubes were recovered from a Archaeology and Ethnology have DEPARTMENT OF THE INTERIOR grave. The Peabody Museum of determined that, pursuant to 25 U.S.C. Archaeology and Ethnology is not in 3001 (3)(B), the one cultural item National Park Service possession of the human remains from described above is reasonably believed this burial. to have been placed with or near Notice of Intent to Repatriate Cultural The interment most likely dates to the individual human remains at the time of Items: Peabody Museum of Historic/Contact period (post–A.D. death or later as part of the death rite Archaeology and Ethnology, Harvard 1500). According to the Peabody or ceremony and is believed, by a University, Cambridge, MA; Correction Museum Annual Report of 1887, the preponderance of the evidence, to have AGENCY: National Park Service, Interior. human remains from this grave site were wrapped in several layers of been removed from a specific burial site ACTION: Notice; correction. of a Native American individual. braided or woven bark-cloth with an Officials of the Peabody Museum of Notice is here given in accordance outer layer of cedar bark. Woven mats Archaeology and Ethnology have also with the Native American Graves and bark were commonly used in determined that, pursuant to 25 U.S.C. Protection and Repatriation Act Wampanoag burials during the Late 3001 (2), there is a relationship of (NAGPRA), 25 U.S.C. 3003 (5), of the Woodland period and later (post–A.D. shared group identity that can be intent to repatriate cultural items in the 1000). Sheet brass and brass objects were European trade items and therefore reasonably traced between the possession of the Peabody Museum of indicate a postcontact temporal context. unassociated funerary object and the Archaeology and Ethnology, Harvard University, Cambridge, MA, that meet At an unknown date, a string of shell Wampanoag Tribe of Gay Head the definition of ‘‘unassociated funerary beads was recovered from a grave site in (Aquinnah) of Massachusetts, and that objects’’ under 25 U.S.C. 3001. The Bridgewater, Plymouth County, MA. there is a cultural relationship between cultural items were removed from The string of shell beads was donated to the unassociated funerary object and the Bristol and Plymouth Counties, MA. the Peabody Museum of Archaeology Assonet Band of the Wampanoag Nation This notice is published as part of the and Ethnology in 1899 by H.W. Hatch. (a non-federally recognized Indian National Park Service’s administrative The Peabody Museum of Archaeology group) and Mashpee Wampanoag Indian responsibilities under NAGPRA, 25 and Ethnology is not in possession of Tribe (a non-federally recognized Indian U.S.C. 3003 (d)(3). The determinations the human remains from this burial. group). in this notice are the sole responsibility The interment most likely dates to the Representatives of any other Indian of the museum, institution, or Federal Historic/Contact period (post–A.D. 1500). According to museum tribe that believes itself to be culturally agency that has control of the cultural items. The National Park Service is not documentation, the shell beads were affiliated with the unassociated funerary found with ‘‘porcelain beads,’’ which object should contact Patricia Capone, responsible for the determinations in this notice. are not in the possession of the Peabody Repatriation Coordinator, Peabody This notice corrects the number of Museum of Archaeology and Ethnology. Museum of Archaeology and Ethnology, unassociated funerary objects reported True porcelain beads do not appear in Harvard University, 11 Divinity Avenue, in a Notice of Intent to Repatriate historic contexts until the 19th century, Cambridge, MA 02138, telephone (617) published in the Federal Register on although beads made from money cowry 496–3702, before January 8, 2007. December 1, 2003, (FR Doc 03–29769, shell (C. moneta) were called Repatriation of the unassociated pages 67212–67213). In 2006, the ‘‘porcelain,’’ and were imported and funerary object to the Wampanoag Peabody Museum of Archaeology and traded by Europeans as trade items by Repatriation Confederation, on behalf of Ethnology identified one additional the 17th century, which would support the Wampanoag Tribe of Gay Head unassociated funerary object from a site a postcontact date. Even if these beads (Aquinnah) of Massachusetts, Assonet in southeastern MA. This notice are of white glass rather than shell, glass Band of the Wampanoag Nation (a non- changes the number of unassociated beads were introduced by Europeans as federally recognized Indian group), and funerary objects from three to four and trade items in the 17th century and Mashpee Wampanoag Indian Tribe (a supercedes the previously published would also support a postcontact date. non-federally recognized Indian group) Notice of Intent to Repatriate. In 1845, one perforated copper point may proceed after that date if no A detailed assessment of the cultural was collected by Mr. Howard in additional claimants come forward. items was made by the Peabody Fairhaven, Bristol County, MA. The Museum of Archaeology and Ethnology same year, Mr. Howard gave the point The Peabody Museum of Archaeology professional staff in consultation with to Mary L. Rotch. Miss. Rotch donated and Ethnology is responsible for representatives of the Wampanoag the copper point to the Peabody notifying the Wampanoag Repatriation Repatriation Confederation, on behalf of Museum of Archaeology and Ethnology Confederation, Wampanoag Tribe of Gay the Wampanoag Tribe of Gay Head in 1913. Museum documentation Head (Aquinnah) of Massachusetts, (Aquinnah) of Massachusetts, Assonet indicates that the copper point was Assonet Band of the Wampanoag Nation Band of the Wampanoag Nation (a non- recovered from a grave. The Peabody (a non-federally recognized Indian federally recognized Indian group), and Museum of Archaeology and Ethnology group), and Mashpee Wampanoag Mashpee Wampanoag Indian Tribe (a is not in possession of the human Indian Tribe (a non-federally recognized non-federally recognized Indian group). remains from this burial. Indian group) that this notice has been The four cultural items are two brass This interment most likely dates to published. tubes, one perforated copper point, and the Historic/Contact period (post 500 one string of shell beads. B.P.). Copper was a European import

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item and its presence supports a Contact notifying the Wampanoag Repatriation contacting the Commission’s TDD period date. This triangular point is of Confederation, Wampanoag Tribe of Gay terminal on 202–205–1810. Persons the Levanna type, as are most European Head (Aquinnah) of Massachusetts, with mobility impairments who will sheet metal projectile points found in Assonet Band of the Wampanoag Nation need special assistance in gaining access southern New England. (a non-federally recognized Indian to the Commission should contact the Oral tradition and historical group), and Mashpee Wampanoag Office of the Secretary at 202–205–2000. documentation indicate that Fall River, Indian Tribe (a non-federally recognized General information concerning the Bridgewater, and Fairhaven, MA, are Indian group) that this notice has been Commission may also be obtained by within the aboriginal and historic published. accessing its Internet server at http:// homeland of the Wampanoag Nation. Dated: November 9, 2006 www.usitc.gov. The public record for The present-day groups that are most this investigation may be viewed on the Sherry Hutt, closely affiliated with the Wampanoag Commission’s electronic docket (EDIS) Nation are the Wampanoag Tribe of Gay Manager, National NAGPRA Program. at http://edis.usitc.gov. Head (Aquinnah) of Massachusetts, [FR Doc. E6–20749 Filed 12–6–06; 8:45 am] FOR FURTHER INFORMATION CONTACT: Assonet Band of the Wampanoag Nation BILLING CODE 4312–50–S Anne M. Goalwin, Esq., Office of Unfair (a non-federally recognized Indian Import Investigations, U.S. International group), and Mashpee Wampanoag Trade Commission, telephone (202) Indian Tribe (a non-federally recognized INTERNATIONAL TRADE 205–2574. Indian group). COMMISSION Officials of the Peabody Museum of Authority: The authority for institution of [Inv. No. 337–TA–589] this investigation is contained in section 337 Archaeology and Ethnology have of the Tariff Act of 1930, as amended, and determined that, pursuant to 25 U.S.C. In the Matter of Certain Switches and in section 210.10 of the Commission’s Rules 3001 (3)(B), the four cultural items Products Containing Same; Notice of of Practice and Procedure, 19 CFR 210.10 described above are reasonably believed Investigation (2006). to have been placed with or near individual human remains at the time of AGENCY: U.S. International Trade Scope of Investigation: Having death or later as part of the death rite Commission. considered the complaint, the U.S. or ceremony and are believed, by a ACTION: Institution of investigation International Trade Commission, on preponderance of the evidence, to have pursuant to 19 U.S.C. 1337. December 1, 2006, ordered that— been removed from a specific burial site (1) Pursuant to subsection (b) of of a Native American individual. SUMMARY: Notice is hereby given that a section 337 of the Tariff Act of 1930, as Officials of the Peabody Museum of complaint was filed with the U.S. amended, an investigation be instituted Archaeology and Ethnology have also International Trade Commission on to determine whether there is a determined that, pursuant to 25 U.S.C. November 6, 2006, under section 337 of violation of subsection (a)(1)(B) of 3001 (2), there is a relationship of the Tariff Act of 1930, as amended, 19 section 337 in the importation into the shared group identity that can be U.S.C. 1337, on behalf of ATEN United States, the sale for importation, reasonably traced between the International Co., Ltd. of Taiwan and or the sale within the United States after unassociated funerary objects and the ATEN Technology, Inc. of Irvine, importation of certain switches or Wampanoag Tribe of Gay Head California. A supplement to the products containing same by reason of (Aquinnah) of Massachusetts, and that complaint was filed on November 27, infringement of one or more of claims 1 there is a cultural relationship between 2006. The complaint alleges violations and 12–21 of U.S. Patent No. 7,035,112, the unassociated funerary objects and of section 337 in the importation into and whether an industry in the United the Assonet Band of the Wampanoag the United States, the sale for States exists or is in the process of being Nation (a non-federally recognized importation, and the sale within the established as required by subsection Indian group) and Mashpee Wampanoag United States after importation of (a)(2) of section 337; Indian Tribe (a non-federally recognized certain switches and products (2) For the purpose of the Indian group). containing same by reason of investigation so instituted, the following Representatives of any other Indian infringement of U.S. Patent No. are hereby named as parties upon which tribe that believes itself to be culturally 7,035,112. The complaint further alleges this notice of investigation shall be affiliated with the unassociated funerary that an industry in the United States served: objects should contact Patricia Capone, exists or is in the process of being (a) The complainants are— Repatriation Coordinator, Peabody established as required by subsection ATEN International Co., Ltd., 3F, No. Museum of Archaeology and Ethnology, (a)(2) of section 337. 125, Sec. 2, Datung Road, Shijr City, Harvard University, 11 Divinity Avenue, The complainant requests that the Taipei, Taiwan 221. Cambridge, MA 02138, telephone (617) Commission institute an investigation ATEN Technology, Inc., 23 Hubble 496–3702, before January 8, 2007. and, after the investigation, issue a Drive, Irvine, CA 92618. Repatriation of the unassociated permanent exclusion order and (b) The respondents are the following funerary objects to the Wampanoag permanent cease and desist orders. entities alleged to be in violation of Repatriation Confederation, on behalf of ADDRESSES: The complaint, except for section 337, and are the parties upon the Wampanoag Tribe of Gay Head any confidential information contained which the complaint is to be served: (Aquinnah) of Massachusetts, Assonet therein, is available for inspection Belkin Corporation, 501 West Walnut Band of the Wampanoag Nation (a non- during official business hours (8:45 a.m. Street, Compton, CA 90220. federally recognized Indian group), and to 5:15 p.m.) in the Office of the Belkin Logistics, Inc., 501 West Walnut Mashpee Wampanoag Indian Tribe (a Secretary, U.S. International Trade Street, Compton, CA 90220. non-federally recognized Indian group) Commission, 500 E Street, SW., Room Emine Technology Co., Ltd., 8 Fl., No. may proceed after that date if no 112, Washington, DC 20436, telephone 6, Sec. 2, Nan-Jing E. Rd., Taipei, additional claimants come forward. 202–205–2000. Hearing impaired Taiwan. The Peabody Museum of Archaeology individuals are advised that information JustCom Tech, Inc., 2283 Paragon Drive, and Ethnology is responsible for on this matter can be obtained by San Jose, CA 95131.

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RATOC Systems, Inc., 6–14 Shikitsu DEPARTMENT OF JUSTICE appropriate automated, electronic, Higashi 1-chome, Naniwa-ku, Osaka- mechanical, or other technological shi, Osaka 556–0012, Japan. Bureau of Alcohol, Tobacco, Firearms collection techniques or other forms and Explosives RATOC Systems International, Inc., of information technology, e.g., 2000 Wyatt Drive, Suite 9, Santa [OMB Number 1140–0068] permitting electronic submission of Clara, CA 95054. responses. Agency Information Collection (c) The Commission investigative Activities: Proposed Collection; Overview of This Information attorney, party to this investigation, is Comments Requested Collection Anne M. Goalwin, Esq., Office of Unfair Import Investigations, U.S. International ACTION: 30–day notice of information (1) Type of Information Collection: Trade Commission, 500 E Street, SW., collection under review: Police check Extension of a currently approved Suite 401, Washington, DC 20436; and inquiry. collection. (2) Title of the Form/Collection: Police (3) For the investigation so instituted, The Department of Justice (DOJ), Check Inquiry. the Honorable Paul J. Luckern is Bureau of Alcohol, Tobacco, Firearms designated as the presiding and Explosives (ATF) has submitted the (3) Agency form number, if any, and administrative law judge. following information collection request the applicable component of the Responses to the complaint and the to the Office of Management and Budget Department of Justice sponsoring the notice of investigation must be (OMB) for review and approval in collection: Form Number: ATF F submitted by the named respondents in accordance with the Paperwork 8620.42. Bureau of Alcohol, Tobacco, accordance with section 210.13 of the Reduction Act of 1995. The proposed Firearms and Explosives. Commission’s Rules of Practice and information collection is published to (4) Affected public who will be asked obtain comments from the public and Procedure, 19 CFR 210.13. Pursuant to or required to respond, as well as a brief affected agencies. This proposed 19 CFR 201.16(d) and 210.13(a), such abstract: Primary: Individuals or information collection was previously households. Other: None. Abstract: ATF responses will be considered by the published in the Federal Register F 8620.42 has been designed as an Commission if received not later than 20 Volume 71, Number 190, page 58006 on internal use form to gather preliminary days after the date of service by the October 2, 2006, allowing for a 60 day Commission of the complaint and the comment period. information from an individual notice of investigation. Extensions of The purpose of this notice is to allow requiring escorted access to ATF time for submitting responses to the for an additional 30 days for public facilities. The information is necessary complaint and the notice of comment until January 8, 2007. This to permit ATF to complete and/or investigation will not be granted unless process is conducted in accordance with initiate a police check inquiry good cause therefor is shown. 5 CFR 1320.10. Written comments and/ consisting of criminal record searches. Failure of a respondent to file a timely or suggestions regarding the items In the event a contractor or other type response to each allegation in the contained in this notice, especially the of non-ATF personnel requires escorted complaint and in this notice may be estimated public burden and associated access to facilities, ATF will perform a deemed to constitute a waiver of the response time, should be directed to police check inquiry. right to appear and contest the The Office of Management and Budget, (5) An estimate of the total number of Office of Information and Regulatory allegations of the complaint and this respondents and the amount of time Affairs, Attention Department of Justice notice, and to authorize the estimated for an average respondent to Desk Officer, Washington, DC 20503. respond: There will be an estimated administrative law judge and the Additionally, comments may be 1,000 respondents, who will complete Commission, without further notice to submitted to OMB via facsimile to (202)- the form within approximately 5 the respondent, to find the facts to be as 395–7285. alleged in the complaint and this notice Written comments and suggestions minutes. and to enter an initial determination from the public and affected agencies (6) An estimate of the total burden (in and a final determination containing concerning the proposed collection of hours) associated with the collection: such findings, and may result in the information are encouraged. Your There are an estimated 83 total burden issuance of a limited exclusion order or comments should address one or more hours associated with this collection. cease and desist order or both directed of the following four points: If additional information is required against the respondent. —Evaluate whether the proposed contact: Lynn Bryant, Department By order of the Commission. collection of information is necessary Clearance Officer, United States Issued: December 4, 2006. for the proper performance of the Department of Justice, Policy and functions of the agency, including Marilyn R. Abbott, Planning Staff, Justice Management whether the information will have Division, Suite 1600, Patrick Henry Secretary to the Commission. practical utility; [FR Doc. E6–20763 Filed 12–6–06; 8:45 am] —Evaluate the accuracy of the agencies Building, 601 D Street NW., BILLING CODE 7020–02–P estimate of the burden of the Washington, DC 20530. proposed collection of information, Dated: December 1, 2006. including the validity of the Lynn Bryant, methodology and assumptions used; Department Clearance Officer, United States —Enhance the quality, utility, and Department of Justice. clarity of the information to be [FR Doc. E6–20738 Filed 12–6–06; 8:45 am] collected; and —Minimize the burden of the collection BILLING CODE 4410–FY–P of information on those who are to respond, including through the use of

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DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE

Drug Enforcement Administration Drug Enforcement Administration Drug Enforcement Administration

Importer of Controlled Substances; Manufacturer of Controlled Manufacturer of Controlled Notice of Registration Substances; Notice of Application Substances; Notice of Registration

By Notice dated August 15, 2006 and Pursuant to § 1301.33(a) of Title 21 of By Notice dated June 9, 2006, and published in the Federal Register on the Code of Federal Regulations (CFR), published in the Federal Register on August 22, 2006, (71 FR 48945), this is notice that on August 24, 2006, June 19, 2006, (71 FR 35310—35311), Applied Science Labs, Division of Cayman Chemical Company, 1180 East Cedarburg Pharmaceuticals, Inc., 870 Alltech Associates Inc., 2701 Carolean Ellsworth Road, Ann Arbor, Michigan Badger Circle, Grafton, Wisconsin Industrial Drive, State College, 48108, made application by renewal to 53024, made application by renewal to Pennsylvania 16801, made application the Drug Enforcement Administration the Drug Enforcement Administration by renewal to the Drug Enforcement (DEA) to be registered as a bulk (DEA) to be registered as a bulk Administration (DEA) to be registered as manufacturer of the basic classes of manufacturer of the basic classes of an importer of the basic classes of controlled substances listed in schedule controlled substances listed in controlled substances listed in schedule I: schedules I and II: I and II: Drug Sched- Drug Schedule Drug Schedule ule Tetrahydrocannabinols (7370) ..... I Heroin (9200) ...... I Marihuana (7360) ...... I Dihydromorphine (9145) ...... I Cocaine (9041) ...... II Tetrahydrocannabinols (7370) ...... I Oxycodone (9143) ...... II Codeine (9050) ...... II Hydrocodone (9193) ...... II Meperidine (9230) ...... II The company plans to manufacture Hydromorphone (9150) ...... II Methadone (9250) ...... II small quantities of marihuana Morphine (9300) ...... II derivatives for research purposes. In The firm plans to manufacture the reference to drug code 7360 listed controlled substances in bulk for The company plans to import these (Marihuana), the company plans to bulk distribution to its customers. By letter controlled substances for the manufacture cannabidiol. In reference to dated September 5, 2006, the company manufacture of reference standards. drug code 7370 has withdrawn their request for the No comments or objections have been (Tetrahydrocannabinols), the company addition of Methylphenidate (1724), to received. DEA has considered the will manufacture a synthetic THC. No their application for registration. factors in 21 U.S.C. 823(a) and 952(a) other activity for this drug code is No comments or objections have been and determined that the registration of authorized for registration. received. DEA has considered the Applied Science Labs to import the Any other such applicant and any factors in 21 U.S.C. 823(a) and basic classes of controlled substances is person who is presently registered with determined that the registration of consistent with the public interest and DEA to manufacture such substances Cedarburg Pharmaceuticals, Inc. to with United States obligations under may file comments or objections to the manufacture the listed basic classes of international treaties, conventions, or issuance of the proposed registration controlled substances is consistent with protocols in effect on May 1, 1971, at pursuant to 21 CFR 1301.33(a). the public interest at this time. DEA has this time. DEA has investigated Applied Any such written comments or investigated Cedarburg Pharmaceuticals, Science Labs to ensure that the objections being sent via regular mail Inc. to ensure that the company’s company’s registration is consistent should be addressed, in quintuplicate, registration is consistent with the public with the public interest. The to the Deputy Assistant Administrator, interest. The investigation has included investigation has included inspection Office of Diversion Control, Drug inspection and testing of the company’s and testing of the company’s physical Enforcement Administration, physical security systems, verification security systems, verification of the Washington, DC 20537, Attention: DEA of the company’s compliance with State company’s compliance with state and Federal Register Representative/ODL; or and local laws, and a review of the local laws, and a review of the any being sent via express mail should company’s background and history. company’s background and history. be sent to DEA Headquarters, Attention: Therefore, pursuant to 21 U.S.C. 823, Therefore, pursuant to 21 U.S.C. 952(a) DEA Federal Register Representative/ and in accordance with 21 CFR 1301.33, and 958(a), and in accordance with 21 ODL, 2401 Jefferson-Davis Highway, the above named company is granted CFR 1301.34, the above named company Alexandria, Virginia 22301; and must be registration as a bulk manufacturer of is granted registration as an importer of filed no later than February 5, 2007. the basic classes of controlled the basic classes of controlled substances listed. substances listed. Dated: November 28, 2006. Dated: November 28, 2006. Dated: November 28, 2006. Joseph T. Rannazzisi, Joseph T. Rannazzisi, Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Deputy Assistant Administrator, Office of Deputy Assistant Administrator, Office of Administration. Diversion Control, Drug Enforcement Diversion Control, Drug Enforcement [FR Doc. E6–20694 Filed 12–6–06; 8:45 am] Administration. Administration. [FR Doc. E6–20690 Filed 12–6–06; 8:45 am] [FR Doc. E6–20747 Filed 12–6–06; 8:45 am] BILLING CODE 4410–09–P BILLING CODE 4410–09–P BILLING CODE 4410–09–P

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DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Drug Schedule

Drug Enforcement Administration Drug Enforcement Administration Ethylmorphine (9190) ...... II Hydrocodone (9193) ...... II Manufacturer of Controlled Importer of Controlled Substances; Levorphanol (9220) ...... II Substances; Notice of Registration Notice of Registration Meperidine (9230) ...... II Methadone (9250) ...... II By Notice dated July 10, 2006 and By Notice dated July 19, 2006, and Dextropropoxyphene, bulk (non- II published in the Federal Register on dosage forms) (9273). published in the Federal Register on July 24, 2006, (71 FR 41837–41838), Morphine (9300) ...... II July 26, 2006, (71 FR 42417), Lin Zhi Lipomed Inc., One Broadway, Thebaine (9333) ...... II International, Inc., 687 North Pastoria Cambridge, Massachusetts 02142, made Oxymorphone (9652) ...... II Avenue, Sunnyvale, California 94085, application by renewal to the Drug Alfentanil (9737) ...... II made application by renewal to the Enforcement Administration (DEA) to Fentanyl (9801) ...... II Sufentanil (9740) ...... II Drug Enforcement Administration be registered as an importer of the basic (DEA) to be registered as a bulk classes of controlled substances listed in manufacturer of the basic classes of schedule I and II: The company plans to import controlled substances listed in schedule analytical reference standards for I and II: Drug Schedule distribution to its customers for research and analytical purposes. Drug Schedule Cathinone (1235) ...... I Methcathinone (1237) ...... I No comments or objections have been N-Ethylamphetamine (1475) ...... I received. DEA has considered the Tetrahydrocannabinols (7370) ..... I Methaqualone (2565) ...... I factors in 21 U.S.C. 823(a) and 952(a) 3,4–Methylenedioxy-methamphet- I Gamma hydroxybutyric acid I and determined that the registration of amine (7405). (2010). Lipomed Inc. to import the basic classes Cocaine (9041) ...... II Lysergic acid diethylamide (7315), I of controlled substances is consistent Oxycodone (9143) ...... II 2,5-Dimethoxy-4-(n)- with the public interest and with United Hydrocodone (9193) ...... II propylthiophenethylamine States obligations under international Methadone (9250) ...... II (7438). Dextropropoxyphene, bulk (9273) II Marihuana (7360) ...... I treaties, conventions, or protocols in Morphine (9300) ...... II Tetrahydrocannabinols (7370) ..... I effect on May 1, 1971, at this time. DEA Mescaline (7381) ...... I has investigated Lipomed Inc. to ensure 3,4,5-Trimethoxyamphetamine I that the company’s registration is The company plans to manufacture (7390). consistent with the public interest. The the listed controlled substances as bulk 4-Bromo-2,5- I investigation has included inspection reagents for use in drug abuse testing. dimethoxyamphetamine (7391). and testing of the company’s physical 4-Bromo-2,5- I No comments or objections have been security systems, verification of the dimethoxyphenethylamine company’s compliance with State and received. DEA has considered the (7392). factors in 21 U.S.C. 823(a) and 4-Methyl-2,5- I local laws, and a review of the determined that the registration of Lin dimethoxyamphetamine (7395). company’s background and history. Zhi International, Inc. to manufacture 2,5-Dimethoxyamphetamine I Therefore, pursuant to 21 U.S.C. 952(a) the listed basic classes of controlled (7396). and 958(a), and in accordance with 21 substances is consistent with the public 2,5-Dimethoxy-4- I CFR 1301.34, the above named company ethylamphetamine (7399). is granted registration as an importer of interest at this time. DEA has 3,4-Methylenedioxyamphetamine I investigated Lin Zhi International, Inc. the basic classes of controlled (7400). substances listed. to ensure that the company’s 3,4-Methylenedioxy-N- I registration is consistent with the public ethylamphetamine (7404). Dated: November 28, 2006. interest. The investigation has included 3,4- I Joseph T. Rannazzisi, inspection and testing of the company’s Methylenedioxymethamphetam- Deputy Assistant Administrator, Office of ine (7405). physical security systems, verification Diversion Control, Drug Enforcement 4-Methoxyamphetamine (7411) ... I Administration. of the company’s compliance with State Dimethyltryptamine (7435) ...... I and local laws, and a review of the Psilocybin (7437) ...... I [FR Doc. E6–20745 Filed 12–6–06; 8:45 am] company’s background and history. Psilocyn (7438) ...... I BILLING CODE 4410–09–P Therefore, pursuant to 21 U.S.C. 823, Acetyldihydrocodeine (9051) ...... I and in accordance with 21 CFR 1301.33, Dihydromorphine (9145) ...... I Heroin (9200) ...... I DEPARTMENT OF JUSTICE the above named company is granted Normorphine (9313) ...... I registration as a bulk manufacturer of Pholcodine (9314) ...... I Drug Enforcement Administration the basic classes of controlled Tilidine (9750) ...... I substances listed. Amphetamine (1100) ...... II Manufacturer of Controlled Methamphetamine (1105) ...... II Substances; Notice of Registration Dated: November 28, 2006. Amobarbital (2125) ...... II Joseph T. Rannazzisi, Pentobarbital (2270) ...... II By Notice dated July 25, 2006, and Deputy Assistant Administrator, Office of Secobarbital (2315) ...... II published in the Federal Register on Diversion Control, Drug Enforcement Phencyclidine (7471) ...... II July 31, 2006, (71 FR 43211), MGI Administration. Cocaine (9041) ...... II Codeine (9050) ...... II Pharma, 6611 Tributary Street, [FR Doc. E6–20693 Filed 12–6–06; 8:45 am] Dihydrocodeine (9120) ...... II Baltimore, Maryland 21224, made BILLING CODE 4410–09–P Oxycodone (9143) ...... II application to the Drug Enforcement Hydromorphone (9150) ...... II Administration (DEA) to be registered as Benzoylecgonine (9180) ...... II a bulk manufacturer of Cocaine (9041),

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a basic class of controlled substance Drug Schedule DEA to manufacture such a substance listed in schedule II. may file comments or objections to the The company plans to manufacture a Morphine (9300) ...... II issuance of the proposed registration cocaine derivative to be used in Oxycodone (9143) ...... II pursuant to 21 CFR 1301.33(a). domestic and foreign clinical research Meperidine (9230) ...... II Any such written comments or studies. Methadone (9250) ...... II objections being sent via regular mail Oxymorphone (9652) ...... II No comments or objections have been should be addressed, in quintuplicate, received. DEA has considered the The company plans to manufacture to the Deputy Assistant Administrator, factors in 21 U.S.C. 823(a) and the listed controlled substances in bulk Office of Diversion Control, Drug determined that the registration of MGI to manufacture controlled substance Enforcement Administration, Pharma to manufacture the listed basic derivatives. These derivatives will be Washington, DC 20537, Attention: DEA class of controlled substance is used in diagnostic products created Federal Register Representative/ODL; or consistent with the public interest at specifically for internal use only. any being sent via express mail should this time. DEA has investigated MGI No comments or objections have been be sent to DEA Headquarters, Attention: Pharma to ensure that the company’s received. DEA has considered the DEA Federal Register Representative/ registration is consistent with the public factors in 21 U.S.C. 823(a) and ODL, 2401 Jefferson-Davis Highway, interest. The investigation has included determined that the registration of Alexandria, Virginia 22301; and must be inspection and testing of the company’s Orasure Technologies, Inc. to filed no later than February 5, 2007. physical security systems, verification manufacture the listed basic classes of of the company’s compliance with State Dated: November 28, 2006. controlled substances is consistent with and local laws, and a review of the Joseph T. Rannazzisi, the public interest at this time. DEA has Deputy Assistant Administrator, Office of company’s background and history. investigated Orasure Technologies, Inc. Therefore, pursuant to 21 U.S.C. 823, Diversion Control, Drug Enforcement to ensure that the company’s Administration. and in accordance with 21 CFR 1301.33, registration is consistent with the public the above named company is granted [FR Doc. E6–20698 Filed 12–6–06; 8:45 am] interest. The investigation has included BILLING CODE 4410–09–P registration as a bulk manufacturer of inspection and testing of the company’s the basic class of controlled substance physical security systems, verification listed. of the company’s compliance with State DEPARTMENT OF JUSTICE Dated: November 28, 2006. and local laws, and a review of the Joseph T. Rannazzisi, company’s background and history. Drug Enforcement Administration Deputy Assistant Administrator, Office of Therefore, pursuant to 21 U.S.C. 823, Diversion Control, Drug Enforcement and in accordance with 21 CFR 1301.33, Importer of Controlled Substances; Administration. the above named company is granted Notice of Registration [FR Doc. E6–20689 Filed 12–6–06; 8:45 am] registration as a bulk manufacturer of By Notice dated August 7, 2006 and BILLING CODE 4410–09–P the basic classes of controlled published in the Federal Register on substances listed. August 15, 2006, (71 FR 46922), Penick Dated: November 28, 2006. Corporation, 33 Industrial Park Road, DEPARTMENT OF JUSTICE Joseph T. Rannazzisi, Pennsville, New Jersey 08070, made Drug Enforcement Administration Deputy Assistant Administrator, Office of application by renewal to the Drug Diversion Control, Drug Enforcement Enforcement Administration (DEA) to Manufacturer of Controlled Administration. be registered as an importer of the basic Substances; Notice of Registration [FR Doc. E6–20744 Filed 12–6–06; 8:45 am] classes of controlled substances listed in BILLING CODE 4410–09–P schedule II: By Notice dated July 26, 2006, and published in the Federal Register on Drug Schedule August 2, 2006, (71 FR 43814), Orasure DEPARTMENT OF JUSTICE Technologies, Inc., Lehigh University, Coca Leaves (9040) ...... II Seeley G. Mudd-Building 6, Bethlehem, Drug Enforcement Administration Raw Opium (9600) ...... II Pennsylvania 18015, made application Poppy Straw (9650) ...... II Manufacturer of Controlled Concentrate of Poppy Straw II by renewal to the Drug Enforcement (9670). Administration (DEA) to be registered as Substances; Notice of Application a bulk manufacturer of the basic classes Pursuant to § 1301.33(a) of Title 21 of The company plans to import the of controlled substances listed in the Code of Federal Regulations (CFR), listed controlled substances to schedules I and II: this is notice that on September 20, manufacture bulk controlled substance 2006, Organix Inc., 240 Salem Street, intermediates for sale to its customers. Drug Schedule Woburn, Massachusetts 01801, made No comments or objections have been Lysergic acid diethylamide (LSD) I application by renewal to the Drug received. DEA has considered the (7315). Enforcement Administration (DEA) to factors in 21 U.S.C. 823(a) and 952(a) 4–Methoxyamphetamine (7411) ... I be registered as a bulk manufacturer of and determined that the registration of Normorphine (9313) ...... I Cocaine (9041), a basic class of Penick Corporation to import the basic Tetrahydrocannabinols (THC) I controlled substance listed in schedule classes of controlled substances is (7370). II. consistent with the public interest and Alphamethadol (9605) ...... I The company plans to manufacture a with United States obligations under Amphetamine (1100) ...... II international treaties, conventions, or Methamphetamine (1105) ...... II chemical that is a derivative of cocaine Cocaine (9041) ...... II that will be sold to their customer for protocols in effect on May 1, 1971, at Hydromorphone (9150) ...... II research purposes. this time. DEA has investigated Penick Benzoylecgonine (9180) ...... II Any other such applicant and any Corporation to ensure that the Hydrocodone (9193) ...... II person who is presently registered with company’s registration is consistent

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with the public interest. The Dated: November 28, 2006. DEPARTMENT OF JUSTICE investigation has included inspection Joseph T. Rannazzisi, and testing of the company’s physical Deputy Assistant Administrator, Office of Drug Enforcement Administration security systems, verification of the Diversion Control, Drug Enforcement Manufacturer of Controlled company’s compliance with State and Administration. Substances; Notice of Application local laws, and a review of the [FR Doc. E6–20688 Filed 12–6–06; 8:45 am] company’s background and history. BILLING CODE 4410–09–P Pursuant to § 1301.33(a) of Title 21 of Therefore, pursuant to 21 U.S.C. 952(a) the Code of Federal Regulations (CFR), and 958(a), and in accordance with 21 this is notice that on September 21, CFR 1301.34, the above named company DEPARTMENT OF JUSTICE 2006, Rhodes Technologies, 498 is granted registration as an importer of Washington Street, Coventry, Rhode the basic classes of controlled Drug Enforcement Administration Island 02816, made application by letter substances listed. to the Drug Enforcement Administration Dated: November 28, 2006. Importer of Controlled Substances; (DEA) to be registered as a bulk Joseph T. Rannazzisi, Notice of Registration manufacturer of Oxymorphone (9652), a Deputy Assistant Administrator, Office of basic class of controlled substance listed Diversion Control, Drug Enforcement By Notice dated August 15, 2006 and in schedule II. Administration. published in the Federal Register on The company plans to manufacture [FR Doc. E6–20739 Filed 12–6–06; 8:45 am] August 22, 2006 (71 FR 48947), the listed controlled substance in bulk Research Triangle Institute, Kenneth H. for conversion and sale to dosage form BILLING CODE 4410–09–P Davis Jr., Hermann Building East manufacturers. Institute Drive, P.O. Box 12194, Any other such applicant and any DEPARTMENT OF JUSTICE Research Triangle Park, North Carolina person who is presently registered with 27709, made application by renewal to DEA to manufacture such a substance Drug Enforcement Administration the Drug Enforcement Administration may file comments or objections to the (DEA) to be registered as an importer of issuance of the proposed registration Manufacturer of Controlled Cocaine (9041), a basic class of pursuant to 21 CFR 1301.33(a). Substances; Notice of Registration controlled substance listed in schedule Any such written comments or II. objections being sent via regular mail By Notice dated July 10, 2006, and should be addressed, in quintuplicate, published in the Federal Register on The company plans to import small to the Deputy Assistant Administrator, July 26, 2006, (71 FR 42418), Polaroid quantities of the listed controlled Office of Diversion Control, Drug Corporation, 1265 Main Street, Building substance for the National Institute on Enforcement Administration, W6, Waltham, Massachusetts 02454, Drug Abuse and other clients. Washington, DC 20537, Attention: DEA made application by renewal to the No comments or objections have been Federal Register Representative/ODL; or Drug Enforcement Administration received. DEA has considered the any being sent via express mail should (DEA) to be registered as a bulk factors in 21 U.S.C. 823(a) and 952(a) be sent to DEA Headquarters, Attention: manufacturer of 2,5– and determined that the registration of DEA Federal Register Representative/ Dimethoxyamphetamine (7396), a basic Research Triangle Institute to import the ODL, 2401 Jefferson-Davis Highway, class of controlled substance listed in basic class of controlled substance is Alexandria, Virginia 22301; and must be schedule I. consistent with the public interest and filed no later than February 5, 2007. The company plans to manufacture with United States obligations under Dated: November 28, 2006. the listed controlled substance in bulk international treaties, conventions, or Joseph T. Rannazzisi, for conversion into a non-controlled protocols in effect on May 1, 1971, at Deputy Assistant Administrator, Office of substance. this time. DEA has investigated Diversion Control, Drug Enforcement No comments or objections have been Research Triangle Institute to ensure Administration. received. DEA has considered the that the company’s registration is [FR Doc. E6–20691 Filed 12–6–06; 8:45 am] factors in 21 U.S.C. 823(a) and consistent with the public interest. The BILLING CODE 4410–09–P determined that the registration of investigation has included inspection Polaroid Corporation to manufacture the and testing of the company’s physical listed basic class of controlled substance security systems, verification of the DEPARTMENT OF JUSTICE is consistent with the public interest at company’s compliance with state and this time. DEA has investigated Polaroid local laws, and a review of the Drug Enforcement Administration Corporation to ensure that the company’s background and history. Manufacturer of Controlled company’s registration is consistent Therefore, pursuant to 21 U.S.C. 952(a) Substances; Notice of Registration with the public interest. The and 958(a), and in accordance with 21 investigation has included inspection CFR 1301.34, the above named company By Notice dated July 25, 2006, and and testing of the company’s physical is granted registration as an importer of published in the Federal Register on security systems, verification of the the basic class of controlled substance July 31, 2006, (71 FR 43211–43212), company’s compliance with State and listed. Roche Diagnostics Operations, Inc., local laws, and a review of the Attn: Regulatory Compliance, 9115 company’s background and history. Dated: November 28, 2006. Hague Road, Indianapolis, Indiana Therefore, pursuant to 21 U.S.C. 823, Joseph T. Rannazzisi, 46250, made application by renewal to and in accordance with 21 CFR 1301.33, Deputy Assistant Administrator, Office of the Drug Enforcement Administration the above named company is granted Diversion Control, Drug Enforcement (DEA) to be registered as a bulk registration as a bulk manufacturer of Administration. manufacturer of the basic classes of the basic class of controlled substance [FR Doc. E6–20746 Filed 12–6–06; 8:45 am] controlled substances listed in schedule listed. BILLING CODE 4410–09–P I and II:

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Sched- Drug Schedule The company plans to import the Drug ule listed controlled substances for sale to Cathinone (1235) ...... I research facilities for drug testing and Lysergic Acid Diethylamide (7315) ... I Methcathinone (1237) ...... I analysis. Tetrahydrocannabinol (7370) ...... I Aminorex (1585) ...... I No comments or objections have been Alphamethadol (9605) ...... I Gamma Hydroxybutyric Acid I received. DEA has considered the Phencyclidine (7471) ...... II (2010). factors in 21 U.S.C. 823(a) and 952(a) Ecgonine (9180) ...... II Methaqualone (2565) ...... I and determined that the registration of Ibogaine (7260) ...... I Methadone (9250) ...... II Sigma Aldrich Manufacturing LLC to Morphine (9300) ...... II Lysergic acid diethylamide (7315) I Marihuana (7360) ...... I import the basic classes of controlled Tetrahydrocannabinols (7370) ..... I substances is consistent with the public The company plans to manufacture Mescaline (7381) ...... I interest and with United States small quantities of listed controlled 4-Bromo-2,5- I obligations under international treaties, substances for use in diagnostic dimethoxyamphetamine (7391). conventions, or protocols in effect on products. 4-Bromo-2,5- I May 1, 1971, at this time. DEA has dimethoxyphenethylamine investigated Sigma Aldrich No comments or objections have been (7392). received. DEA has considered the Manufacturing LLC to ensure that the 4-Methyl-2,5- I company’s registration is consistent factors in 21 U.S.C. 823(a) and dimethoxyamphetamine (7395). with the public interest. The determined that the registration of 2,5-Dimethoxyamphetamine I investigation has included inspection Roche Diagnostics Operations, Inc. to (7396). and testing of the company’s physical manufacture the listed basic classes of 3,4-Methylenedioxyamphetamine I security systems, verification of the controlled substances is consistent with (7400). company’s compliance with State and the public interest at this time. DEA has N-Hydroxy-3,4- I methylenedioxyamphetamine local laws, and a review of the investigated Roche Diagnostics (7402). company’s background and history. Operations, Inc. to ensure that the 3,4–Methylenedioxy-N- I Therefore, pursuant to 21 U.S.C. 952(a) company’s registration is consistent ethylamphetamine (7404). and § 958(a), and in accordance with 21 with the public interest. The 3,4– I CFR 1301.34, the above named company Methylenedioxymethamphetam- investigation has included inspection is granted registration as an importer of and testing of the company’s physical ine (MDMA) (7405). 4–Methoxyamphetamine (7411) ... I the basic classes of controlled security systems, verification of the substances listed. company’s compliance with State and Bufotenine (7433) ...... I local laws, and a review of the Diethyltryptamine (7434) ...... I Dated: November 28, 2006. Dimethyltryptamine (7435) ...... I Joseph T. Rannazzisi, company’s background and history. Psilocybin (7437) ...... I Deputy Assistant Administrator, Office of Therefore, pursuant to 21 U.S.C. 823, Psilocyn (7438) ...... I Diversion Control, Drug Enforcement and in accordance with 21 CFR 1301.33, N-Ethyl-1-phenylcyclohexylamine I Administration. the above named company is granted (7455). registration as a bulk manufacturer of N-Benzylpiperazine (BZP) (7493) I [FR Doc. E6–20742 Filed 12–6–06; 8:45 am] the basic classes of controlled Trifluoromethylphenyl) Piperazine I BILLING CODE 4410–09–P substances listed. (7494). Heroin (9200) ...... I Dated: November 28, 2006. Normorphine (9313) ...... I DEPARTMENT OF JUSTICE Joseph T. Rannazzisi, Etonitazene (9624) ...... I Deputy Assistant Administrator, Office of Amphetamine (1100) ...... II Drug Enforcement Administration Diversion Control, Drug Enforcement Methamphetamine (1105) ...... II Administration. Methylphenidate (1724) ...... II Manufacturer of Controlled Amobarbital (2125) ...... II Substances; Notice of Registration [FR Doc. E6–20697 Filed 12–6–06; 8:45 am] Pentobarbital (2270) ...... II BILLING CODE 4410–09–P Secobarbital (2315) ...... II By Notice dated July 10, 2006, and Glutethimide (2550) ...... II published in the Federal Register on Nabilone (7379) ...... II July 24, 2006, (71 FR 41838–41839), DEPARTMENT OF JUSTICE Phencyclidine (7471) ...... II Sigma Aldrich Research BioChemicals, Cocaine (9041) ...... II Inc., 1–3 Strathmore Road, Natick, Drug Enforcement Administration Codeine (9050) ...... II Massachusetts 01760, made application Diprenorphine (9058) ...... II by renewal to the Drug Enforcement Importer of Controlled Substances; Oxycodone (9143) ...... II Administration (DEA) to be registered as Notice of Registration Hydromorphone (9150) ...... II Diphenoxylate (9170) ...... II a bulk manufacturer of the basic classes of controlled substances listed in By Notice dated August 14, 2006 and Ecgonine (9180) ...... II Ethylmorphine (9190) ...... II schedule I and II: published in the Federal Register on Hydrocodone (9193) ...... II August 21, 2006, (71 FR 48556–48557), Levorphanol (9220) ...... II Drug Schedule Sigma Aldrich Manufacturing LLC., Meperidine (9230) ...... II Subsidiary of Sigma Aldrich Methadone (9250) ...... II Cathinone (1235) ...... I Manufacturing Company, 3500 Dekalb Dextropropoxyphene, bulk (non- II Methcathinone (1237) ...... I Street, St. Louis, Missouri 63118, made dosage forms) (9273). Aminorex (1585) ...... I Alpha-ethyltryptamine I application by renewal to the Drug Morphine (9300) ...... II Thebaine (9333) ...... II (7249). Enforcement Administration (DEA) to Lysergic acid diethylamide I be registered as an importer of the basic Opium powdered (9639) ...... II Oxymorphone (9652) ...... II (7315). classes of controlled substances listed in Fentanyl (9801) ...... II Tetrahydrocannabinols I schedule I and II: (7370).

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Drug Schedule the above named company is granted DEPARTMENT OF JUSTICE registration as a bulk manufacturer of 4–Bromo–2,5– I the basic classes of controlled Drug Enforcement Administration dimethoxyamphetamine substances listed. (7391). Importer of Controlled Substances; 4–Bromo-2,5- I Dated: November 28, 2006. Notice of Registration dimethoxyphenethylami- Joseph T. Rannazzisi, ne (7392). Deputy Assistant Administrator, Office of By Notice dated August 15, 2006 and 2,5–Dimethoxyampheta- I Diversion Control, Drug Enforcement published in the Federal Register on mine (7396). Administration. August 22, 2006, (71 FR 48948), 3,4– I [FR Doc. E6–20737 Filed 12–6–06; 8:45 am] Wildlife Laboratories, Inc., 1401 Duff Methylenedioxyampheta- BILLING CODE 4410–09–P Drive, Suite 400, Fort Collins, Colorado mine (7400). 80524, made application by renewal to N-Hydroxy-3,4- I the Drug Enforcement Administration methylenedioxyamphetamine (7402). DEPARTMENT OF JUSTICE (DEA) to be registered as an importer of 3,4–Methylenedioxy-N- I Etorphine Hydrochloride (9059), a basic ethylamphetamine Drug Enforcement Administration class of controlled substance listed in (7404). schedule II. 3,4–Methylenedioxymeth- I Importer of Controlled Substances; The company plans to import the amphetamine (MDMA) Notice of Registration listed controlled substance for sale to its (7405). customers. 1–[1–(2– I By Notice dated July 10, 2006, and No comments or objections have been Thieny- published in the Federal Register on received. DEA has considered the l)cyclohexyl]piperidine July 24, 2006, (71 FR 41839–41840), factors in 21 U.S.C. 823(a) and 952(a) (TCP) (7470). Stepan Company, Natural Products and determined that the registration of 1–Benzylpiperazine (BZP) I Department, 100 W. Hunter Avenue, Wildlife Laboratories, Inc. to import the (7493). Maywood, New Jersey 07607, made Heroin (9200) ...... I basic class of controlled substance is Normorphine (9313) ...... I application by renewal to the Drug consistent with the public interest and Amphetamine (1100) ...... II Enforcement Administration (DEA) to with United States obligations under Methamphetamine (1105) II be registered as an importer of Coca international treaties, conventions, or Nabilone (7379) ...... II Leaves (9040), a basic class of controlled protocols in effect on May 1, 1971, at 1–Phenylcyclohexylamine II substance listed in schedule II. this time. DEA has investigated Wildlife (7460). The company plans to import the Laboratories, Inc. to ensure that the Phencyclidine (7471) ...... II listed controlled substance for the Cocaine (9041) ...... II company’s registration is consistent Codeine (9050) ...... II manufacture of bulk controlled with the public interest. The Diprenorphine (9058) ...... II substances and distribution to its investigation has included inspection Ecgonine (9180) ...... II customers. and testing of the company’s physical Levomethorphan (9210) .... II No comments or objections have been security systems, verification of the Levorphanol (9220) ...... II received. DEA has considered the company’s compliance with State and Meperidine (9230) ...... II factors in 21 U.S.C. 823(a) and 952(a) local laws, and a review of the Metazocine (9240) ...... II and determined that the registration of company’s background and history. Methadone (9250) ...... II Morphine (9300) ...... II Stepan Company to import this basic Therefore, pursuant to 21 U.S.C. 952(a) Thebaine (9333) ...... II class of controlled substance is and 958(a), and in accordance with 21 Levo-alphacetylmethadol II consistent with the public interest and CFR 1301.34, the above named company (9648). with United States obligations under is granted registration as an importer of Carfentanil (9743) ...... II international treaties, conventions, or the basic class of controlled substance Fentanyl (9801) ...... II protocols in effect on May 1, 1971, at listed. this time. DEA has investigated Stepan The company plans to manufacture Dated: November 28, 2006. Company to ensure that the company’s Joseph T. Rannazzisi, reference standards. registration is consistent with the public No comments or objections have been Deputy Assistant Administrator, Office of interest. The investigation has included Diversion Control, Drug Enforcement received. DEA has considered the inspection and testing of the company’s factors in 21 U.S.C. 823(a) and Administration. physical security system, verification of [FR Doc. E6–20741 Filed 12–6–06; 8:45 am] determined that the registration of the company’s compliance with State BILLING CODE 4410–09–P Sigma Aldrich Research BioChemicals, and local laws, and a review of the Inc. to manufacture the listed basic company’s background and history. classes of controlled substances is Therefore, pursuant to 21 U.S.C. 952(a) DEPARTMENT OF JUSTICE consistent with the public interest at and 958(a), and in accordance with 21 this time. DEA has investigated Sigma CFR 1301.34, the above named company Office of Justice Programs Aldrich Research BioChemicals, Inc. to is granted registration as an importer of ensure that the company’s registration is [OMB Number 1121–0309] the basic class of controlled substance consistent with the public interest. The listed. investigation has included inspection Agency Information Collection and testing of the company’s physical Dated: November 28, 2006. Activities: Proposed Collection; security systems, verification of the Joseph T. Rannazzisi, Comments Requested company’s compliance with State and Deputy Assistant Administrator, Office of ACTION: 60-Day Notice of Information local laws, and a review of the Diversion Control, Drug Enforcement Collection Under Review: International company’s background and history. Administration. Terrorism Victim Expense Therefore, pursuant to 21 U.S.C. 823, [FR Doc. E6–20748 Filed 12–6–06; 8:45 am] Reimbursement Program Application. and in accordance with 21 CFR 1301.33, BILLING CODE 4410–09–P

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The Department of Justice, Office of (3) The agency form number, if any, ACTION: Notice on the Availability of the Justice Programs, Office for Victims of and the applicable component of the Year 2006 Form M–1 with Electronic Crime has submitted the following department sponsoring the collection: Filing Option. information collection request to the Form Number: The Office of Office of Management and Budget Management and Budget Number for the SUMMARY: This document announces the (OMB) for review and approval in certification form is 121–0170. The availability of the Year 2006 Form M– accordance with the Paperwork Office for Victims of Crime, Office of 1, Annual Report for Multiple Employer Reduction Act of 1995. The proposed Justice Programs, within the United Welfare Arrangements and Certain information collection is published to States Department of Justice is Entities Claiming Exception. It is obtain comments from the public and sponsoring the collection. substantively identical to the 2005 Form affected agencies. Comments are (4) Affected public who will be asked M–1. The Form M–1 may again be filed encouraged and will be accepted for or required to respond, as well as a brief electronically over the Internet. ‘‘sixty days’’ until February 5, 2007. abstract: Primary: Individual victims, FOR FURTHER INFORMATION CONTACT: For This process is conducted in accordance surviving family members or personal inquiries regarding the Form M–1 filing with 5 CFR 1320.10. Comments should representatives. Other: Federal be directed to OMB, Office of Government. This application will be requirement, contact Amy J. Turner or Information and Regulation Affairs, used to apply for expense Beth Gelman, Office of Health Plan Attention: Department of Justice Desk reimbursement by U.S. nationals and Standards and Compliance Assistance, Officer (202) 395–6466, Washington, DC U.S. Government employees who are at (202) 693–8335. For inquiries 20503. regarding how to obtain or file a Form If you have comments especially on victims of acts of international terrorism that occur(red) outside of the United M–1, see the Supplementary the estimated public burden or Information section below. associated response time, suggestions, States. The application will be used to or need a copy of the proposed collect necessary information on the SUPPLEMENTARY INFORMATION: expenses incurred by the applicant, as information collection instrument with I. Background instructions or additional information, associated with his or her victimization, as well as other pertinent information, please contact Chandria Slaughter, The Form M–1 is required to be filed and will be used by OVC to make an Office for Victims of Crime, 810 Seventh under section 101(g) and section 734 of award determination. Street, NW., Washington, DC 20531; by the Employee Retirement Income facsimile at (202) 305–2440 or by e-mail, (5) An estimate of the total number of Security Act of 1974, as amended to [email protected]. respondents and the amount of time (ERISA), and 29 CFR 2520.101–2. Written comments and suggestions estimated for an average respondent to from the public and affected agencies respond/reply: It is estimated that 2,000 II. The Year 2006 Form M–1 concerning the proposed collection of respondents will complete the information are encouraged. Your certification in approximately 45 This document announces the comments should address one or more minutes. availability of the Year 2006 Form M– 1, Annual Report for Multiple Employer of the following four points: (6) An estimate of the total public —Evaluate whether the proposed Welfare Arrangements (MEWAs) and burden (in hours) associated with the Certain Entities Claiming Exception collection of information is necessary collection: The estimated total public for the proper performance of the (ECEs). This year’s Form M–1 is burden associated with this information substantively identical to the Year 2005 functions of the agency, including collection is 1,500 hours. whether the information will have Form M–1. The electronic filing option practical utility; If additional information is required has been retained and filers are —Evaluate the accuracy of the agencies contact: Lynn Bryant, Department encouraged to use this method. The estimate of the burden of the Clearance Officer, Policy and Planning Year 2006 Form M–1 is due March 1, proposed collection of information, Staff, Justice Management Division, 2007, with an extension until May 1, including the validity of the United States Department of Justice, 601 2007 available. D Street, NW., Patrick Henry Building, methodology and assumptions used; The Employee Benefits Security —Enhance the quality, utility, and Suite 1600, NW., Washington, DC 20530. Administration (EBSA) is committed to clarity of the information to be working together with administrators to collected; and Dated: December 4, 2006. help them comply with this filing —Minimize the burden of the collection Lynn Bryant, requirement. Copies of the Form M–1 of information on those who are to Department Clearance Officer, United States are available on the Internet at http:// respond, including through the use of Department of Justice. _ appropriate automated, electronic, www.dol.gov/ebsa/forms requests.html. [FR Doc. E6–20774 Filed 12–6–06; 8:45 am] mechanical, or other technological In addition, after printing, copies will be collection techniques or other forms BILLING CODE 4410–18–P available by calling the EBSA toll-free of information technology (e.g., publication hotline at 1–866–444–EBSA permitting electronic submission of (3272). Questions on completing the responses). form are being directed to the EBSA DEPARTMENT OF LABOR help desk at (202) 693–8360. For Overview of this information: (1) Type of information collection: questions regarding the electronic filing Employee Benefits Security capability, contact the EBSA computer Reinstatement with change, of a Administration previously approved collection for help desk at (202) 693–8600. which approval has expired. Publication of Year 2006 Form M–1 Statutory Authority: 29 U.S.C. 1021–1024, (2) The title of the form/collection: With Electronic Filing Option, Notice 1027, 1029–31, 1059, 1132, 1134, 1135, International Terrorism Victim Expense 1181–1183, 1181 note, 1185, 1185a–b, 1191, Reimbursement Program (ITVERP) AGENCY: Employee Benefits Security 1191a–c; Secretary of Labor’s Order No. 1– Application. Administration, Department of Labor. 2003, 68 FR 5374 (February 2, 2003).

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Signed at Washington, DC this 1st day of 693–8567. (This is not a toll-free Hourly VEBA Participant’s Comment December, 2006. number.) A retired Kaiser employee and a Bradford P. Campbell, SUPPLEMENTARY INFORMATION: On participant in the Hourly VEBA Acting Assistant Secretary, Employee Benefits October 26, 2006, the Department questioned the decision to use the Security Administration. published a notice of proposed Kaiser Stock to fund the Hourly VEBA. [FR Doc. E6–20686 Filed 12–6–06; 8:45 am] exemption in the Federal Register at 71 The commenter suggested that each BILLING CODE 4510–29–P FR 62615. The document contained a current retiree be given shares of Kaiser notice of proposed individual Stock to manage as such retiree wished. exemption from the restrictions of In response to the comment, IFS DEPARTMENT OF LABOR sections 406(a)(1)(E), 406(a)(2), explains that Kaiser and various unions Employee Benefits Security 406(b)(1), 406(b)(2) and 407(a) of the (the Unions) engaged in negotiations, Administration Act. The proposed exemption had been and that the Unions, representing the requested in an application filed by interests of all Kaiser retirees (both [Application No. L–11348] Kaiser pursuant to section 408(a) of the current and future), agreed to use the Act, and in accordance with the Stock to fund the plans that would Prohibited Transaction Exemption procedures set forth in 29 CFR Part provide retiree health benefits for both 2006–19; Grant of Individual 2570, Subpart B (55 FR 32836, August current and future retirees of the Exemption Involving Kaiser Aluminum 10, 1990). Effective December 31, 1978, VEBAs. IFS further explains that this Corporation and Its Subsidiaries section 102 of Reorganization Plan No. decision was memorialized in the (Together, Kaiser) Located in Foothill 4 of 1978 (43 FR 47713, October 17, collective bargaining agreements that Ranch, CA 1978) transferred the authority of the were ratified by Kaiser employees AGENCY: Employee Benefits Security Secretary of the Treasury to issue working under the agreements. In Administration, U.S. Department of exemptions of the type requested to the addition, IFS notes that the agreements Labor. Secretary of Labor. Accordingly, this were subsequently approved by the exemption is being issued solely by the Bankruptcy Court. ACTION: Grant of individual exemption. Department. Summary Clarifications This document contains a final The proposed exemption gave In its comment letter, IFS has exemption before the Department of interested persons an opportunity to suggested the following clarifications to Labor (the Department) that provides comment and to request a hearing. In the Summary: relief from certain prohibited this regard, all interested persons were 1. Footnote 8. IFS explains that transaction restrictions of the Employee invited to submit written comments or Footnote 8 of the Summary ends with Retirement Income Security Act of 1974 requests for a hearing on the pending the phrase ‘‘* * * the pre-emergence (the Act).1 The exemption permits, exemption on or before November 21, sales are treated as if they occurred on effective July 6, 2006, (1) the acquisition 2006. All comments were to be made or after the Effective Date.’’ IFS states by the VEBA for Retirees of Kaiser part of the record. that Section 2.3 of the Stock Transfer Aluminum (the Hourly VEBA) and by During the comment period, the Restriction Agreement provides that the Kaiser Aluminum Salaried Retirees Department received 18 comments by these pre-emergence sales are treated as VEBA (the Salaried VEBA; together, the telephone from participants in the if they occurred on the day immediately VEBAs) of certain publicly traded Hourly and Salaried VEBAs regarding succeeding the Effective Date. common stock issued by Kaiser (the benefits questions or requests for a Therefore, IFS recommends that Stock or the Shares), through an in-kind simplified explanation of the Footnote 8 of the Summary be revised contribution to the VEBAs by Kaiser of transactions. For those inquiries to read ‘‘* * * the pre-emergence sales such Stock, for the purpose of pertaining to benefits, the Department are treated as if they occurred on the prefunding VEBA welfare benefits; (2) referred the participants to sources day immediately succeeding the the holding by the VEBAs of such Stock recommended by either Independent Effective Date.’’ acquired pursuant to the contribution; Fiduciary Services, Inc. (IFS), the 2. Representation 6(a)(1). IFS and (3) the management of the Shares, Independent Fiduciary for the Hourly indicates that Representation 6(a)(1) of including their voting and disposition, VEBA or Fiduciary Counselors, Inc. the Summary states that ‘‘On July 7, by an independent fiduciary (the (FCI), the Independent Fiduciary for the 2006, Kaiser issued 8,809,000 shares of Independent Fiduciary) designated to Salaried VEBA. Of the participant its common stock to the Hourly Trust.’’ represent the interests of each VEBA comments, one participant in the Similarly, in Representation 10(c), with respect to the transactions. The Hourly VEBA submitted a written under the caption ‘‘Pricing of the Hourly exemption affects the VEBAs and their comment to the Department regarding a VEBA Shares,’’ it states that ‘‘The participants and beneficiaries. substantive matter. For a response, the comment was forwarded to IFS. The Hourly VEBA received its 8,809,000 DATES: Effective Date: This exemption is Department did not receive any requests Shares as of July 7, 2006.’’ IFS explains effective as of July 6, 2006. from any VEBA participants for a public that Representation 10(c) further states FOR FURTHER INFORMATION CONTACT: Ms. hearing. that market-driven sales of pre- Blessed Chuksorji, Office of Exemption In addition to the VEBA participant emergence Shares provided a Determinations, Employee Benefits comments, the Department received benchmark value ‘‘of the Shares to Security Administration, U.S. written comments from IFS and FCI. which the Hourly VEBA was eventually Department of Labor, telephone (202) Both comments are intended to clarify entitled on July 7, 2006.’’ IFS wishes to the Summary of Facts and clarify that the correct number of Shares 1 Because the VEBAs are not qualified under Representations (the Summary) and the issued to the Hourly VEBA was section 401 of the Internal Revenue Code of 1986, conditions and definitions of the 8,809,900. as amended (the Code) there is no jurisdiction under Title II of the Act pursuant to section 4975 proposal. In addition, IFS wishes to clarify that of the Code. However, there is jurisdiction under The written comments and the Kaiser issued the Shares—and the Title I of the Act. responses are discussed below. Hourly VEBA became the legal owner of

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the Shares—on July 6, 2006. However, paying underwriting commissions and The Department acknowledges IFS’s IFS points out that the Hourly Trustee other selling fees.’’ To remove any comment and has revised Section II(a) (National City Bank) did not obtain possible confusion, IFS notes that of the final exemption, accordingly. physical possession of the Share section 6.4(b) of the Registration Rights 2. Section II(f). Section II(f) of the certificates on July 6, 2006 and that such Agreement provides that, under any of proposed exemption states that the physical possession did not affect legal the registration rights, any independent VEBAs have not incurred, or will not ownership of the issued Shares. counsel or experts retained by the incur, any fees, costs, or other charges Therefore, IFS recommends that Hourly VEBA will be paid by the Hourly ‘‘as a result of any of the transactions Representation 10(c) be changed to VEBA, and ‘‘all underwriting fees, described herein,’’ except for those mirror Representation 6(a)(1). Thus, discounts, selling commissions and charges identified in certain agreements. Representation 10(c) would read: stock transfer taxes applicable to the IFS explains that the Registration Rights ‘‘Kaiser issued 8,809,900 Shares to the sale of Registrable Securities will be Agreement is not listed as one of the Hourly VEBA on July 6, 2006. Empire borne by the applicable Holder.’’ Thus, agreements. However, under the placed the fair market value of such IFS believes that this sentence should Registration Rights Agreement, IFS Stock at $36.50 per Share as of that read as follows: ‘‘IFS further represents indicates that a selling party will be date.’’ IFS also believes that Footnote 12 that all expenses associated with responsible for ‘‘all underwriting fees, should immediately follow these effecting a demand or shelf registration, discounts, selling commissions and sentences. Similarly, IFS states that the including piggy-back rights, will be stock transfer taxes applicable to the last sentence in the first paragraph of borne by Kaiser, except for underwriting sale of Registrable Securities.’’ Representation 10(c) should reflect the commissions and other selling fees.’’ Therefore, IFS suggests that Section II(f) July 6, 2006 date and the fact that the 5. Representation 13(e). According to be revised to read as follows: Shares were issued on that date. IFS, Representation 13(e) indicates that The VEBAs have incurred no fees, costs or Accordingly, that sentence should read the VEBAs have not incurred, or will other charges (other than those described in ‘‘In the interim, the market-driven sales not incur, any fees, costs, or other the Hourly and Salaried Trusts, the of pre-emergence Shares described charges, other than those described in Independent Fiduciary Agreements, the above provided a benchmark for certain agreements, ‘‘as a result of any Hourly Settlement Agreement, the Salaried Settlement Agreement, and the Registration assessing the value of the Shares issued of the transactions described herein.’’ to the Hourly VEBA on July 6, 2006.’’ Rights Agreement) as a result of any of the Under the Registration Rights transactions described herein. 3. Representation 10(a). IFS indicates Agreement, IFS explains that a selling that the first paragraph of party will be responsible for ‘‘all In response to this comment, the Representation 10(a) refers to IFS as a underwriting fees, discounts, selling Department has revised Section II(f) of ‘‘wholly owned Delaware corporation.’’ commissions and stock transfer taxes the final exemption. To remove any ambiguity, IFS suggests 3. Section III(h). In the Definitions, applicable to the sale of Registrable referring to it as ‘‘Independent Fiduciary Section III(h) of the proposed exemption Securities.’’ Thus, IFS believes that the Services, Inc.’’ In addition, IFS states that the Independent Fiduciary Registration Rights Agreement should recommends that the first sentence of ‘‘will not be deemed to be independent be added to the agreements listed. Representation 10(a) be revised to read, of and unrelated to Kaiser if: (1) such Therefore, that portion of the sentence in part, as follows: ‘‘* * * the Hourly fiduciary directly or indirectly controls, should read: ‘‘* * * (other than those Independent Fiduciary Agreement with is controlled by or is under common described in the Hourly and Salaried Independent Fiduciary Services, Inc. control with Kaiser; (2) such fiduciary Trusts, the Independent Fiduciary (IFS) of Washington, D.C., to serve directly or indirectly receives any Agreements, the Hourly Settlements, the ***.’’ IFS also suggests that the compensation or other consideration in Salaried Settlement Agreement, and the second sentence of Representation 10(a) connection with any transaction Registration Rights Agreement) * * *.’’ to read: ‘‘IFS is a closely held Delaware described in this proposed corporation with no subsidiaries or In response to these comments, the exemption* * *’’ Due to the ambiguity affiliates.’’ Department has noted the foregoing inherent in the word ‘‘indirect’’ in the Further, IFS explains that in the clarifications to the Summary. context of the Hourly VEBA’s second paragraph of Representation Clarifications to the Conditions and ownership of 44 percent of Kaiser, IFS 10(a), a new subparagraph should be Definitions of the Proposal believes clarifying subparagraphs (1) added to its ‘‘Duties and and (2) with the qualifier ‘‘other than In addition to the Summary Responsibilities’’ which states: ‘‘and (i), described herein,’’ is necessary to clarifications, IFS and/or FCI have the authority to consider and engage in resolve any uncertainties. Therefore, IFS requested the following changes to the pre-emergence sales.’’ IFS explains that suggests that Section III(h) be revised to conditions and definitions of the this additional authority was given to it read as follows: by the Board of Trustees of the Hourly proposed exemption: VEBA in a letter dated April 5, 2006. 1. Section II(a). Section II(a) of the ‘‘Independent Fiduciary’’ means the proposed exemption states that each Independent Fiduciary for the Hourly VEBA 4. Representation 10(c). IFS explains (or the Hourly Independent Fiduciary) and that the fourth paragraph of the second independent fiduciary ‘‘will have sole the Independent Fiduciary for the Salaried section mislabeled Representation 10(c) responsibility relating to the acquisition, VEBA (or the Salaried Independent (with the caption ‘‘Views on the Stock holding, disposition, ongoing Fiduciary). Such Independent Fiduciary is Transfer Restriction Agreement and the management, and voting of the Stock.’’ (1) independent of and unrelated to Kaiser or Registration Rights Agreement’’) states IFS believes the following sentence its affiliates; and (2) appointed to act on that ‘‘all expenses associated with more accurately reflects the fiduciary behalf of the VEBAs with respect to the effecting a demand or shelf registration, duties delegated to it under the Hourly acquisition, holding, management, and including piggy-back rights, will be Independent Fiduciary Agreement: disposition of the Shares. In this regard, the fiduciary will not be deemed to be borne by Kaiser.’’ The next paragraph ‘‘* * * will have sole discretionary independent of and unrelated to Kaiser if: (1) describes the expenses related to a shelf responsibility relating to the acquisition, Such fiduciary directly or indirectly controls, registration and explains that ‘‘the holding, disposition, ongoing is controlled by or is under common control Hourly VEBA will be responsible for management, and voting of the Stock.’’ with Kaiser, other than described herein; (2)

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such fiduciary directly or indirectly receives list of definitions that was provided by Exemption any compensation or other consideration in Kaiser in the documents supporting the Section I. Covered Transactions connection with any transaction described in exemption application. this exemption, other than described herein; The restrictions of sections *** For further information regarding the comments or other matters discussed 406(a)(1)(E), 406(a)(2), 406(b)(1), In addition, IFS and FCI note that herein, interested persons are 406(b)(2), and 407(a) of the Act shall not Section III(h) provides, in subparagraph encouraged to obtain copies of the apply, effective July 6, 2006, to: (1) The (3) that ‘‘the annual gross revenue exemption application file (Exemption acquisition by the VEBA for Retirees of received by an Independent Fiduciary Application No. L–11348) the Kaiser Aluminum (the Hourly VEBA) during any year of its engagement with Department is maintaining in this case. and by the Kaiser Aluminum Salaried Kaiser, may not exceed 1% of the The complete application file, as well as Retirees VEBA (the Salaried VEBA; Independent Fiduciary’s annual gross all supplemental submissions received together, the VEBAs) of certain publicly revenue from all sources in order for the by the Department, are made available traded common stock issued by Kaiser fiduciary to be deemed ‘‘independent.’’ for public inspection in the Public (the Stock or the Shares), through an in- As a matter of policy, IFS and FCI Disclosure Room of the Employee kind contribution to the VEBAs by believe the 1% cap is a restriction that Benefits Security Administration, Room Kaiser of such Stock, for the purpose of disadvantages relatively smaller N–1513, U.S. Department of Labor, 200 prefunding VEBA welfare benefits; (2) independent fiduciaries, and which, in Constitution Avenue, NW., Washington, the holding by the VEBAs of such Stock turn, deprives employee benefit plans of DC 20210. acquired pursuant to the contributions; the opportunity to contract with Accordingly, after giving full and (3) the management of the Shares, otherwise qualified independent consideration to the entire record, including their voting and disposition, fiduciaries. Alternatively, both IFS and including the written comments by an independent fiduciary (the FCI recommend that the Department received, the Department has decided to Independent Fiduciary) designated to eliminate the 1% restriction and raise it grant the exemption. represent the interests of each VEBA to 5%, as has been done in past with respect to the transactions. exemptions granted by the Department. General Information Section II. Conditions In response to these comments, the The attention of interested persons is Department has adopted the directed to the following: This exemption is conditioned upon recommendation suggested by IFS and adherence to the material facts and (1) The fact that a transaction is the FCI. In this regard, the Department has representations described herein and subject of an exemption under section modified subparagraph III(h)(3) by upon satisfaction of the following 408(a) of the Act does not relieve a raising the gross revenue cap to 5% in conditions: fiduciary or other party in interest from the final exemption. (a) An Independent Fiduciary has 4. Sections III(k) and III(r). Section certain other provisions of the Act, including any prohibited transaction been appointed to separately represent III(k) of the Definitions lists certain each VEBA and its participants and parties who were signatories to the provisions to which the exemption does not apply and the general fiduciary beneficiaries for all purposes related to Registration Rights Agreement. IFS the contributions for the duration of points out that although the Pension responsibility provisions of section 404 of the Act, which require, among other each VEBA’s holding of the Shares and Benefit Guaranty Corporation (the will have sole discretionary PBGC) was not a signatory to this things, a fiduciary to discharge his or her duties respecting the plan solely in responsibility relating to the acquisition, agreement, buyers of 200,000 or more holding, disposition, ongoing pre-emergence Shares were signatories. the interest of the participants and beneficiaries of the plan and in a management, and voting of the Stock. Accordingly, IFS suggests that Section The Independent Fiduciary has III(k) be revised to read as follows: prudent fashion in accordance with section 404(a)(1)(B) of the Act. determined or will determine, before taking any actions regarding the Shares, The term ‘‘Registration Rights Agreement’’ (2) The exemption does not extend to refers to the Registration Rights Agreement that each such action or transaction is transactions prohibited under section between Kaiser and National City Bank, in the interests of the VEBA it 406(b)(3) of the Act. acknowledged by the Hourly Independent represents. Fiduciary with respect to management of the (3) In accordance with section 408(a) (b) The Independent Fiduciary for the Stock held by the Hourly Trust. of the Act, the Department makes the Hourly VEBA has discharged or will Similarly, IFS explains that the PBGC following determinations: discharge its duties consistent with the was not a signatory to the Stock Transfer (a) The exemption is administratively terms of the Hourly Trust Agreement, Restriction Agreement, and it requests feasible; the Stock Transfer Restriction that the Department revise Section III(r) (b) The exemption is in the interest of Agreement, the Certificate of to read as follows: the plans and of their participants and Incorporation, the Registration Rights The term ‘‘Stock Transfer Restriction beneficiaries; and Agreement, the Hourly Independent Agreement’’ means the agreement between (c) The exemption set forth herein is Fiduciary Agreement, and successors to Kaiser and National City Bank, protective of the rights of participants these documents. acknowledged by the Hourly Independent and beneficiaries of the plans. (c) The Independent Fiduciary for the Fiduciary with respect to management of the (4) The exemption is supplemental to, Salaried VEBA has discharged or will Kaiser’s Stock held by the Hourly Trust. and not in derogation of, any other discharge its duties consistent with the In response to these comments, the provisions of the Act, including terms of the Trust Agreement between Department concurs with IFS and has statutory or administrative exemptions. the Salaried Board of Trustees (the amended Sections III(k) and III(r) of the Furthermore, the fact that a transaction Salaried Board) and the Salaried Definitions by deleting the reference to is subject to an administrative or Trustee, the Certificate of Incorporation, the PBGC. The Department, however, statutory exemption is not dispositive of the Salaried Independent Fiduciary notes that the reference to the PBGC in whether the transaction is in fact a Agreement, and successors to these these defined terms was included in the prohibited transaction. documents.

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(d) The Independent Fiduciaries have available at their customary location VEBA (or the Salaried Independent negotiated and approved or will during normal business hours by: Fiduciary). Such Independent Fiduciary negotiate and approve on behalf of their (A) Any duly authorized employee or is (1) independent of and unrelated to respective VEBAs any transactions representative of the Department; Kaiser or its affiliates; and (2) appointed between the VEBA and Kaiser involving (B) The United Steel, Paper and to act on behalf of the VEBAs with the Shares that may be necessary in Forestry, Rubber, Manufacturing, respect to the acquisition, holding, connection with the subject transactions Energy, Allied Industrial and Service management, and disposition of the (including, but not limited to, Workers International Union (the USW) Shares. In this regard, the fiduciary will registration of the Shares contributed to or any duly authorized representative of not be deemed to be independent of and the Hourly Trust), as well as the ongoing the USW, and other unions or their duly unrelated to Kaiser if: (1) Such fiduciary management and voting of such Shares. authorized representatives, as to the directly or indirectly controls, is (e) The Independent Fiduciary has Hourly VEBA only; controlled by or is under common authorized or will authorize the Trustee (C) The Salaried Board or any duly control with Kaiser, other than of the respective VEBA to accept or authorized representative of the Salaried described herein; (2) such fiduciary dispose of the Shares only after such Board, as to the Salaried VEBA only; directly or indirectly receives any Independent Fiduciary determines, at (D) Kaiser or any duly authorized compensation or other consideration in the time of each transaction, that such representative of Kaiser; and connection with any transaction transaction is feasible, in the interest of (E) Any participant or beneficiary of described in this exemption, other than the Hourly or Salaried VEBA, and the VEBAs, or any duly authorized described herein, for acting as an protective of the participants and representative of such participant or Independent Fiduciary in connection beneficiaries of such VEBAs. beneficiary, as to the VEBA in which with the transactions described herein, (f) The VEBAs have incurred or will such participant or beneficiary provided that the amount or payment of incur no fees, costs or other charges participates. such compensation is not contingent (other than those described in the (2) None of the persons described upon, or in any way affected by, the Hourly and Salaried Trusts, the above in subparagraph (1)(B), (C), or (E) Independent Fiduciary’s ultimate Independent Fiduciary Agreements, the of this paragraph (i) has been or shall be decision, and (3) the annual gross Hourly Settlements, the Salaried authorized to examine the trade secrets revenue received by the Independent Settlement Agreement, and the of Kaiser, or commercial or financial Fiduciary, during any year of its Registration Rights Agreement) as a information that is privileged or engagement, from Kaiser exceeds five result of any of the transactions confidential. percent (5%) of the Independent described herein. Fiduciary’s annual gross revenue from Section III. Definitions (g) The terms of any transactions all sources (for federal income tax between the VEBAs and Kaiser have For purposes of this exemption, the purposes) for its prior tax year. Finally, been no less favorable or will be no less term — the Hourly VEBA’s Independent favorable to the VEBAs than terms (a) ‘‘Certificate of Incorporation’’ Fiduciary is Independent Fiduciary negotiated at arm’s length under similar means the certificate of incorporation of Services, Inc. (IFS), which has been circumstances between unrelated third Kaiser as amended and restated as of the appointed by the Hourly Board; and the parties. Effective Date of Kaiser’s Plan of Salaried VEBA’s Independent Fiduciary (h) The Board of Trustees of the Reorganization. is Fiduciary Counselors Inc. (FCI), Hourly VEBA (the Hourly Board) and (b) ‘‘Effective Date’’ means July 6, which has been appointed by the the Board of Trustees of the Salaried 2006, which is also the effective date of Salaried Board. Board have maintained or will maintain Kaiser’s Plan of Reorganization. (i) ‘‘Independent Fiduciary for a period for six years from the date (c) ‘‘Hourly Board’’ means the Board Agreements’’ means the Hourly any Shares are contributed to the of Trustees of the Hourly VEBA. Independent Fiduciary Agreement and VEBAs, any and all records necessary to (d) ‘‘Hourly Independent Fiduciary the Salaried Independent Fiduciary enable the persons described in Agreement’’ means the agreement Agreement. paragraph (i) below to determine between the Hourly Independent (j) ‘‘Kaiser’’ means Kaiser Aluminum whether conditions of this exemption Fiduciary and the Hourly Board. Corporation and its wholly owned have been met, except that (1) a (e) ‘‘Hourly Settlement Agreement’’ subsidiaries. prohibited transaction will not be means the modified collective (k) ‘‘Registration Rights Agreement’’ considered to have occurred if, due to bargaining agreements with various refers to the Registration Rights circumstances beyond the control of the unions in the form of an agreement Agreement between Kaiser and National Hourly Board and the Salaried Board, under Sections 1113 and 1114 of the City Bank, acknowledged by the Hourly the records are lost or destroyed prior to United States Bankruptcy Code between Independent Fiduciary with respect to the end of the six-year period, and (2) the USW and Kaiser. management of the Stock held by the no party in interest other than the (f) ‘‘Hourly Trust’’ means the trust Hourly Trust. Hourly Board and the Salaried Board established under the Trust Agreement (l) ‘‘Salaried Board’’ means the Board shall be subject to the civil penalty that between the Hourly Board and the of Trustees of the Kaiser Aluminum may be assessed under section 502(i) of Hourly Trustee, effective June 1, 2004. Salaried Retirees VEBA. the Act if the records are not (g) ‘‘Hourly VEBA’’ means ‘‘The (m) ‘‘Salaried Independent Fiduciary maintained, or are not available for VEBA For Retirees of Kaiser Agreement’’ means the agreement examination as required by paragraph (i) Aluminum’’ and its associated between the Salaried Independent below. voluntary employees’ beneficiary Fiduciary and the Salaried Board. (i)(1) Except as provided in section (2) association trust. (n) ‘‘Salaried Settlement Agreement’’ of this paragraph and not withstanding (h) ‘‘Independent Fiduciary’’ means means the settlement, in the form of an any provisions of subsections (a)(2) and the Independent Fiduciary for the agreement under Section 1114 of the (b) of section 504 of the Act, the records Hourly VEBA (or the Hourly Bankruptcy Code, between Kaiser and a referred to in paragraph (h) above have Independent Fiduciary) and the committee of five former executives of been or shall be unconditionally Independent Fiduciary for the Salaried Kaiser appointed pursuant to Section

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1114 of the Bankruptcy Code as NUCLEAR REGULATORY rates of Type B and Type C local leak authorized representatives of current COMMISSION rate tests be less than the performance criterion (La) with margin, as specified and future salaried retirees. [Docket No. 50–263] (o) ‘‘Salaried Trust’’ means the trust in the TS. The licensee’s September 15, 2005, letter, also requests an exemption established under the Trust Agreement Nuclear Management Company, LLC; from this requirement, to permit between the Salaried Board and the Monticello Nuclear Generating Station; exclusion of the MSIV contribution to Salaried Trustee, effective May 31, 2004. Environmental Assessment and Finding of No Significant Impact the sum of the Type B and Type C tests. (p) ‘‘Salaried VEBA’’ means the Kaiser The above-cited requirements of Aluminum Salaried Retirees VEBA and Introduction Appendix J require that MSIV leakage its associated voluntary employees’ The U.S. Nuclear Regulatory measurements be grouped with the beneficiary association trust. Commission (NRC) is considering leakage measurements of other containment penetrations when (q) ‘‘Shares’’ or ‘‘Stock’’ refers to issuance of an exemption from Title 10 containment leakage tests are shares of common stock of reorganized of the Code of Federal Regulations, Part performed. The licensee stated that 50 (10 CFR 50), Appendix J, for Facility Kaiser, par value $.01 per share. these requirements are inconsistent with Operating Licenses No. DPR–22, issued (r) ‘‘Stock Transfer Restriction the design of the MNGP facilities and to Nuclear Management Company Agreement’’ means the agreement the analytical models used to calculate (NMC) for operation of the Monticello between Kaiser and National City Bank, the radiological consequences of design- Nuclear Generating Plant (MNGP), basis accidents. At other nuclear plants, acknowledged by the Hourly located in Wright County, Minnesota. Independent Fiduciary with respect to the leakage from primary containment management of the Kaiser’s Stock held Environmental Assessment penetrations, under accident conditions, is collected and treated by the by the Hourly Trust. Identification of the Proposed Action secondary containment system, or (s) ‘‘Trusts’’ means the Salaried Trust The proposed action would exempt would bypass the secondary and the Hourly Trust. NMC from requirements to include containment. However, at MNGP, the (t) ‘‘USW’’ means the United Steel, main steam isolation valve (MSIV) leakage from the MSIVs is collected and Paper and Forestry, Rubber, leakage in (1) the overall integrated treated via an alternative leakage Manufacturing, Energy, Allied leakage rate test measurement required treatment (ALT) path having different Industrial and Service Workers by Section III.A of Appendix J, Option mitigation characteristics. In performing International Union. B; and (2) the sum of local leak rate test accident analyses, it is appropriate to measurements required by Section III.B group various leakage effluents (u) ‘‘VEBA’’ means a voluntary of Appendix J, Option B. according to the treatment they receive employees’ beneficiary association. The proposed action is in accordance before being released to the (v) ‘‘VEBAs’’ refers to the Hourly with the licensee’s application dated environment, i.e., bypass leakage is VEBA and Salaried VEBA. September 15, 2005, for exemption and grouped, leakage into secondary The availability of this exemption is amendment to the operating license (the containment is grouped, and ALT subject to the express condition that the latter action is not the subject of this leakage is grouped, with specific limits material facts and representations notice). for each group defined in the TS. The contained in the application for The Need for the Proposed Action proposed exemption would permit ALT exemption are true and complete and path leakage to be independently Section 50.54(o) of 10 CFR Part 50 grouped with its unique leakage limits. accurately describe all material terms of requires that primary reactor the transactions. In the case of containments for water-cooled power Environmental Impacts of the Proposed continuing transactions, if any of the reactors be subject to the requirements Action material facts or representations of Appendix J to 10 CFR Part 50. The proposed action will not described in the applications change, Appendix J specifies the leakage test significantly increase the probability or the exemption will cease to apply as of requirements, schedules, and consequences of accidents. The NRC the date of such change. acceptance criteria for tests of the leak- staff has completed its evaluation of the In the event of any such change, an tight integrity of the primary reactor proposed exemption and associated application for a new exemption must containment and systems and amendment and finds that the be made to the Department. components which penetrate the calculated total doses remain within the containment. Option B, Section III.A of acceptance criteria of 10 CFR 50.67 and Signed at Washington, DC, this 4th day of Appendix J requires that the overall General Design Criterion 19, and there January 2006. integrated leak rate must not exceed the is no significant increase in Ivan L. Strasfeld, allowable leakage (La) with margin, as occupational or public radiation Director of Exemption Determinations, specified in the Technical exposure. The NRC staff thus concludes Employee Benefits Security Administration, Specifications (TS). The overall that granting the proposed exemption U.S. Department of Labor. integrated leak rate, as specified in the would result in no significant [FR Doc. E6–20729 Filed 12–6–06; 8:45 am] Appendix J definitions, includes the radiological environmental impact. BILLING CODE 4510–29–P contribution from MSIV leakage. By The proposed action does not affect letter dated September 15, 2005, the non-radiological plant effluents or licensee requested an exemption from historical sites, and has no other Option B, Section III.A, requirements to environmental impact. Therefore there permit exclusion of MSIV leakage from are no significant non-radiological the overall integrated leak rate test impacts associated with the proposed measurement. exemption. Option B, Section III.B of Appendix J Accordingly, the NRC concludes that requires that the sum of the leakage there are no significant environmental

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impacts associated with the proposed For the Nuclear Regulatory Commission. Atomic Energy Act of 1954, as amended action. Peter S. Tam, (the Act), and the Commission’s rules Senior Project Manager, Plant Licensing and regulations. In accordance with 10 Alternative to the Proposed Action Branch III–1, Division of Operating Reactor CFR 54.29, the NRC may issue a Licensing, Office of Nuclear Reactor renewed license on the basis of its As an alternative to the proposed Regulation. action, the NRC staff considered denial review if it finds that actions have been [FR Doc. E6–20751 Filed 12–6–06; 8:45 am] of the proposed action (i.e., the ‘‘no identified and have been or will be action’’ alternative). Denial of the BILLING CODE 7590–01–P taken with respect to: (1) Managing the exemption would result in no change in effects of aging during the period of current environmental impacts. Thus, extended operation on the functionality NUCLEAR REGULATORY of structures and components that have the environmental impacts of the COMMISSION proposed action and the alternative been identified as requiring aging action are similar. [Docket No. 50–482] management review; and (2) time- limited aging analyses that have been Alternative Use of Resources Notice of Acceptance for Docketing of identified as requiring review, such that the Application, Notice of Opportunity there is reasonable assurance that the This action does not involve the use for Hearing, and Notice of Intent To activities authorized by the renewed of any resources not previously Prepare an Environmental Impact license will continue to be conducted in considered in the MNGP Final Statement and Conduct the Scoping accordance with the current licensing Environmental Statement dated Process for Facility Operating License basis (CLB), and that any changes made November 1972, as supplemented on No. NPF–42 for an Additional 20-Year to the plant’s CLB will comply with the August 31, 2006 (Generic Period; Wolf Creek Nuclear Operating Act and the Commission’s regulations. Environmental Impact Statement for Corporation; Wolf Creek Generating In addition, the Commission must find Nuclear Plants for License Renewal, Station, Unit 1 that applicable requirements of subpart Regarding MNGP). The U.S. Nuclear Regulatory A of 10 CFR part 51 have been satisfied, Agencies and Persons Consulted Commission (NRC or the Commission) and that matters raised under 10 CFR is considering an application for the 2.335 have been addressed. In accordance with its stated policy, renewal of operating license NPF–42, Within 60 days after the date of on October 5, 2006, the NRC staff which authorizes the Wolf Creek publication of this Federal Register consulted with the Minnesota State Nuclear Operating Corporation notice, any person whose interest may official, Mr. Steve Rakow, regarding the (WCNOC), to operate the Wolf Creek be affected by this proceeding and who environmental impact of the proposed Generating Station (WCGS), Unit 1, at desires to participate as a party in the action. Mr. Rakow had no comments. 3565 megawatts thermal. The renewed proceeding must file a written request for a hearing or a petition for leave to Finding of No Significant Impact license would authorize the applicant to operate the WCGS, Unit 1, for an intervene with respect to the renewal of On the basis of the environmental additional 20 years beyond the period the license. Interested parties must file assessment, the Commission concludes specified in the current license. WCGS, requests for a hearing or a petition for that the proposed action will not have Unit 1, is located in Burlington, Kansas, leave to intervene in accordance with a significant effect on the quality of the and its current operating license expires the Commission’s ‘‘Rules of Practice for human environment. Accordingly, the on March 11, 2025. Domestic Licensing Proceedings and Commission has determined not to On October 4, 2006, the Commission’s Issuance of Orders’’ described in 10 CFR prepare an environmental impact staff received an application from part 2. Those interested should consult statement for the proposed action. WCNOC, to renew operating license a current copy of 10 CFR 2.309, which is available at the Commission’s Public For further details with respect to this NPF–42 for WCGS, Unit 1, pursuant to title 10, part 54, of the Code of Federal Document Room (PDR), located at One action, see the licensee’s letter dated Regulations (10 CFR part 54). A notice White Flint North, 11555 Rockville September 15, 2006. Documents may be of receipt and availability of the license Pike, Rockville, Maryland 20852 and is examined, and/or copied for a fee, at the renewal application (LRA) was accessible from the Agencywide NRC’s Public Document Room (PDR), published in the Federal Register on Documents Access and Management located at One White Flint North, Public October 18, 2006 (71 FR 61512). System’s (ADAMS) Public Electronic File Area O–1 F21, 11555 Rockville Pike The Commission’s staff has reviewed Reading Room through the Internet at (first floor), Rockville, Maryland. the LRA for its acceptability and has http://www.nrc.gov/reading-rm/ Publicly available records will be determined that WCNOC has submitted adams.html. Persons who do not have accessible electronically from the sufficient information in accordance access to the Internet or who encounter Agencywide Documents Access and with 10 CFR 54.19, 54.21, 54.22, 54.23, problems in accessing the documents Management System (ADAMS) Public and 51.53(c), and that the application is located in ADAMS should contact the Electronic Reading Room on the Internet acceptable for docketing. The NRC’s PDR reference staff by telephone at the NRC Web site, http:// Commission will retain the current at 1–800–397–4209, or 301–415–4737, www.nrc.gov/reading-rm/adams.html. Docket No. 50–482, for operating license or via e-mail at [email protected]. If a Persons who do not have access to NPF–42. The docketing of the renewal request for a hearing or a petition for ADAMS or who encounter problems in application does not preclude requests leave to intervene is filed within the 60- accessing the documents located in for additional information as the review day period, the Commission or a ADAMS should contact the NRC PDR proceeds, nor does it predict whether presiding officer designated by the Reference staff by telephone at 1–800– the Commission will grant or deny the Commission or by the Chief 397–4209 or 301–415–4737, or send an license. Administrative Judge of the Atomic e-mail to [email protected]. Before issuance of the requested Safety and Licensing Board Panel will Dated at Rockville, Maryland, this 29th day renewed license, the NRC will have rule on the request and/or petition, and of November, 2006. made the findings required by the the Secretary or the Chief

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Administrative Judge of the Atomic to at least one contention will not be absent a determination by the Safety and Licensing Board will issue a permitted to participate as a party. Commission, the presiding officer, or notice of a hearing or an appropriate The Commission requests that each the Atomic Safety and Licensing Board order. If no request for a hearing or contention be given a separate numeric that the petition, request and/or petition for leave to intervene is filed or alpha designation within one of the contentions should be granted based on within the 60-day period, the NRC may, following groups: (1) Technical a balancing of the factors specified in 10 upon completion of its evaluations and (primarily related to safety concerns), CFR 2.309(a)(1)(i)–(viii). upon making the findings required (2) environmental, or (3) miscellaneous. In addition, this notice informs the under 10 CFR parts 51 and 54, renew As specified in 10 CFR 2.309, if two public that the NRC will be preparing an the license without further notice. or more requesters/petitioners seek to environmental impact statement (EIS) As required by 10 CFR 2.309, a co-sponsor a contention or propose related to the review of the LRA and petition for leave to intervene shall set substantially the same contention, the provides the public an opportunity to forth with particularity the interest of requesters/petitioners must jointly participate in the environmental the petitioner in the proceeding, and designate a representative who shall scoping process, as defined in 10 CFR how that interest may be affected by the have the authority to act for the 51.29. In accordance with 10 CFR results of the proceeding, taking into requesters/petitioners with respect to 51.95(c), the NRC will prepare an EIS consideration the limited scope of that contention. that will be used as a supplement to the matters that may be considered Those permitted to intervene become Commission’s NUREG–1437, ‘‘Generic pursuant to 10 CFR parts 51 and 54. The parties to the proceeding, subject to any Environmental Impact Statement for petition must specifically explain the limitations in the order granting leave to License Renewal of Nuclear Plants’’ reasons why intervention should be intervene, and have the opportunity to (GEIS), dated May 1996. Pursuant to 10 permitted with particular reference to: participate fully in the conduct of the CFR 51.26, and as part of the (1) The nature of the requester/ hearing. A request for a hearing or a environmental scoping process, the NRC petitioner’s right under the Act to be petition for leave to intervene must be staff intends to hold a public scoping made a party to the proceeding; (2) the filed by either (1) first class mail meeting. In addition, as outlined in 36 nature and extent of the requester/ addressed to the Office of the Secretary CFR 800.8, ‘‘Coordination with the petitioner’s property, financial, or other of the Commission, U.S. Nuclear National Environmental Policy Act,’’ the interest in the proceeding; and (3) the Regulatory Commission, Washington, NRC plans to coordinate compliance possible effect of any decision or order DC 20555–0001, Attention: Rulemaking with Section 106 of the National which may be entered in the proceeding and Adjudications Staff; (2) courier, Historic Preservation Act in meeting the on the requester/petitioner’s interest. express mail, and expedited delivery requirements of the National The petition must also set forth the services to the Office of the Secretary, Environmental Policy Act of 1969 specific contentions that the petitioner/ Sixteenth Floor, One White Flint North, (NEPA). requester seeks to have litigated at the 11555 Rockville Pike, Rockville, In accordance with 10 CFR 51.53(c) proceeding. Maryland 20852, Attention: Rulemaking and 10 CFR 54.23, WCNOC prepared Each contention must consist of a and Adjudications Staff; (3) e-mail and submitted the environmental report specific statement of the issue of law or addressed to the Office of the Secretary, (ER) as part of the LRA. The LRA and fact to be raised or controverted. In U.S. Nuclear Regulatory Commission, the ER are publicly available at the addition, the requester/petitioner shall [email protected]; or (4) facsimile NRC’s PDR, located at One White Flint briefly explain the bases of each transmission addressed to the Office of North, 11555 Rockville Pike, Rockville, contention and concisely state the the Secretary, U.S. Nuclear Regulatory Maryland 20852, or from ADAMS. The alleged facts or the expert opinion that Commission, Washington, DC, ADAMS accession numbers for the LRA supports the contention on which the Attention: Rulemaking and and the ER are ML062770308 and requester/petitioner intends to rely in Adjudications Staff at 301–415–1101 ML062770305, respectively. The public proving the contention at the hearing. (verification number is 301–415–1966).2 may also view the LRA and the ER on The requester/petitioner must also Requesters/petitioners must send a copy the Internet at http://www.nrc.gov/ provide references to those specific of the request for hearing and petition reactors/operating/licensing/renewal/ sources and documents of which the for leave to intervene to the Office of the applications.html. In addition, the LRA requester/petitioner is aware and on General Counsel, U.S. Nuclear and the ER are available to the public which the requester/petitioner intends Regulatory Commission, Washington, near WCGS, Unit 1, at the Burlington to rely to establish those facts or expert DC 20555–0001; copies should be Library, 410 Juniatta Street, Burlington, opinion. The requester/petitioner must transmitted either by facsimile to 301– Kansas 66839. provide sufficient information to show 415–3725 or via email to Alternatives to the proposed action that a genuine dispute exists with the [email protected]. Requesters/ include no action and reasonable applicant on a material issue of law or petitioners must also send a copy of the alternative energy sources. The NRC is fact.1 Contentions shall be limited to request for hearing and petition for required by 10 CFR 51.95(c) to prepare matters within the scope of the action leave to intervene to the attorney for the a supplement to the GEIS in connection under consideration. The contention licensee, Mr. Warren B. Wood, Wolf with the renewal of an operating must be one that, if proven, would Creek Nuclear Operating Corporation, license. This notice is being published entitle the requester/petitioner to relief. P.O. Box 411, Burlington, Kansas 66839. in accordance with 10 CFR 51.26. A requester/petitioner who fails to Untimely requests and/or petitions The NRC staff will first conduct a satisfy these requirements with respect and contentions will not be entertained scoping process for the supplement to the GEIS and, as soon as practicable 1 To the extent that the application contains 2 If the request/petition is filed by e-mail or thereafter, will prepare a draft attachments and supporting documents that are not facsimile, an original and two copies of the supplement to the GEIS for public publicly available because they are asserted to document must be mailed within 2 (two) business comment. Participation in the scoping contain safeguards or proprietary information, days thereafter to the Secretary, U.S. Nuclear petitioners desiring access to this information Regulatory Commission, Washington, DC 20555– process by members of the public and should contact the applicant or applicant’s counsel 0001; Attention: Rulemaking and Adjudications local, State, tribal, and Federal to discuss the need for a protective order. Staff. Government agencies is encouraged. As

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described in 10 CFR 51.29, the NRC staff interested parties. The first meeting will Nuclear Regulatory Commission, will use the scoping process for the convene at 1:30 p.m. and will continue Washington, DC 20555–0001, and supplement to the GEIS to accomplish until 4:30 p.m., as necessary. The should cite the publication date and the following: second meeting will convene at 7:00 page number of this Federal Register a. Define the proposed action which p.m. and will continue until 10 p.m., as notice. The public may also deliver is to be the subject of the supplement to necessary. Both meetings will be comments to the U.S. Nuclear the GEIS. transcribed and will include: (1) An Regulatory Commission, Mail Stop T– b. Determine the scope of the overview by the NRC staff of the NRC’s 6D59, Two White Flint North, 11545 supplement to the GEIS and identify the license renewal review process; (2) an Rockville Pike, Rockville, Maryland significant issues to be analyzed in overview by the NRC staff of the NEPA 20852, from 7:30 a.m. to 4:15 p.m. depth. environmental review process, the during Federal workdays. To be c. Identify and eliminate from proposed scope of the supplement to the detailed study those issues that are GEIS, and the proposed review considered in the scoping process, peripheral or insignificant. schedule; and (3) the opportunity for written comments should be d. Identify any environmental interested government agencies, postmarked by January 29, 2007. assessments and other ElSs that are organizations, and individuals to submit Electronic comments may be sent by e- being or will be prepared that are comments or suggestions on the mail to the NRC at related to, but are not part of, the scope environmental issues or the proposed [email protected], and should be of the supplement to this GEIS. scope of the supplement to the GEIS. sent no later than January 29, 2007, to e. Identify other environmental Additionally, the NRC staff will host be considered in the scoping process. review and consultation requirements informal discussions 1 hour before the Comments will be available related to the proposed action. start of each session at the same electronically and accessible through f. Indicate the relationship between location. The staff will not accept formal ADAMS. the timing of the preparation of the comments on the proposed scope of the Participation in the scoping process environmental analyses and the supplement to the GEIS during these for the supplement to the GEIS does not Commission’s tentative planning and informal discussions. For comments to entitle participants to become parties to decision-making schedule. be considered, persons must provide g. Identify any cooperating agencies them either at the transcribed public the proceeding to which the supplement and, as appropriate, allocate meetings or in writing, as discussed to the GEIS relates. Matters related to assignments for preparation and below. participation in any hearing are outside schedules for completing the For more information about the the scope of matters to be discussed at supplement to the GEIS to the NRC and proposed action, the scoping process, this public meeting. any cooperating agencies. and the EIS, interested persons should At the conclusion of the scoping h. Describe how the NRC will prepare contact the NRC Environmental Project process, the NRC will prepare a concise the supplement to the GEIS and any Manager, Mr. Christian Jacobs, at Mail summary of the determination and contractor assistance to be used. Stop O–11F1, U.S. Nuclear Regulatory conclusions reached, including the The NRC invites the following entities Commission, 11555 Rockville Pike, significant issues identified, and will to participate in scoping: Rockville, Maryland 20852; by send a copy of the summary to each a. The applicant, WCNOC. telephone at 1–800–368–5642, participant in the scoping process. The b. Any Federal agency that has extension 3874; or via e-mail at public may also view the summary in jurisdiction by law or special expertise [email protected]. Persons may register to with respect to any environmental attend or present oral comments at the ADAMS. The staff will then prepare and impact involved, or that is authorized to meetings on the scope of the NEPA issue for comment the draft supplement develop and enforce relevant review by contacting Mr. Jacobs. to the GEIS, which will be the subject environmental standards. Members of the public may also register of separate notices and separate public c. Affected State and local to speak at the meeting within 15 meetings. Copies will be available for government agencies, including those minutes of the start of each meeting. public viewing at the above-mentioned authorized to develop and enforce Individual oral comments may be addresses, and one copy per request will relevant environmental standards. limited by the time available, depending be provided free of charge, to the extent d. Any affected Indian tribe. on the number of persons who register. of supply. After receipt and e. Any person who requests or has Members of the public who have not consideration of the comments, the NRC requested an opportunity to participate registered may also have an opportunity will prepare a final supplement to the in the scoping process. to speak, if time permits. The NRC will GEIS, which will also be available for f. Any person who has petitioned or consider public comments in the public viewing. intends to petition for leave to scoping process for the supplement to Information about the supplement to intervene. the GEIS. If members of the public need In accordance with 10 CFR 51.26, the special equipment or accommodations the GEIS, and the scoping process may scoping process for an EIS may include to attend or present information at the be obtained from Mr. Jacobs at the a public scoping meeting to help public meeting, they should contact Mr. telephone number or e-mail address identify significant issues related to a Jacobs no later than December 5, 2006, given previously. proposed activity and to determine the so that the NRC staff can determine if it Dated at Rockville, Maryland, this 30th day scope of issues to be addressed in an can accommodate the request. of November 2006. EIS. The NRC will hold public meetings Members of the public may send For the Nuclear Regulatory Commission. for the WCGS, Unit 1, license renewal written comments on the environmental supplement to the GEIS, at the scope of the WCGS, Unit 1, license Pao-Tsin Kuo, Burlington Library, 410 Juniatta Street, renewal review to: Chief, Rules and Acting Director, Division of License Renewal, Burlington, Kansas 66839 on Tuesday, Directives Branch, Division of Office of Nuclear Reactor Regulation. December 19, 2006. There will be two Administrative Services, Office of [FR Doc. E6–20753 Filed 12–6–06; 8:45 am] identical meetings to accommodate Administration, Mail Stop T–6D59, U.S. BILLING CODE 7590–01–P

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SECURITIES AND EXCHANGE among other things, that Exchange rules (‘‘Commission’’) the proposed rule COMMISSION be designed to prevent fraudulent and change described in Items I, II, and III manipulative acts and practices, to below, which items have been prepared [Release No. 34–54844; File No. SR–Amex– primarily by BSE. The Commission is 2006–88] promote just and equitable principles of trade, to foster cooperation and publishing this notice to solicit Self-Regulatory Organizations; coordination with persons engaged in comments on the proposed rule change American Stock Exchange LLC; Order facilitating transactions in securities, from interested parties. Approving Proposed Rule Change To and to remove impediments to and I. Self-Regulatory Organization’s Extend the Term of Index-Linked perfect the mechanism of a free and Statement of the Terms of Substance of Securities open market and a national market the Proposed Rule Change system. Amending Section 107D should November 30, 2006. provide the Exchange with more BSE proposes to amend its rules to On September 20, 2006, the American flexibility in responding to the require securities of all listed companies Stock Exchange LLC (‘‘Amex’’ or increased demand from issuers to list become eligible to participate in a Direct ‘‘Exchange’’) filed with the Securities and trade Index-Linked Securities that Registration System (‘‘DRS’’) and Exchange Commission are greater than ten years in duration. administered by a clearing agency (‘‘Commission’’), pursuant to Section The Commission notes that corporate registered under Section 17A of the Act. 19(b)(1) of the Securities Exchange Act bonds and other fixed-income products II. Self-Regulatory Organization’s of 1934 (‘‘Act’’) 1 and Rule 19b–4 historically have been issued with terms Statement of the Purpose of, and thereunder,2 a proposed rule change to of up to, or greater than, thirty years.8 Statutory Basis for, the Proposed Rule amend Section 107D(b) of the Amex In addition, the Commission has Change Company Guide 3 to extend the approved amendments to the generic In its filing with the Commission, BSE maximum duration of index-linked listing standards for equity-linked notes included statements concerning the securities (‘‘Index-Linked Securities’’) that removed the maximum term limits purpose of and basis for the proposed from ten (10) years to thirty (30) years. 9 for those securities. rule change and discussed any The proposed rule change was It is therefore ordered, pursuant to comments it received on the proposed published for comment in the Federal Section 19(b)(2) of the Act,10 that the rule change. The text of these statements Register on October 27, 2006.4 The proposed rule change (SR–Amex–2006– may be examined at the places specified Commission received no comment 88) be, and hereby is, approved. in Item IV below. BSE has prepared letters on the proposal. For the Commission, by the Division of summaries, set forth in sections (A), (B), Section 107D of the Amex Company Market Regulation, pursuant to delegated and (C) below, of the most significant Guide currently sets forth eleven criteria 11 authority. aspects of these statements.2 that the issue and the issuer must meet Nancy M. Morris, in order to list and trade Index-Linked Secretary. (A) Self-Regulatory Organization’s Securities pursuant to the generic listing Statement of the Purpose of, and [FR Doc. E6–20762 Filed 12–6–06; 8:45 am] standards.5 One of the criteria the Statutory Basis for, the Proposed Rule Exchange considers for the listing and BILLING CODE 8011–01–P Change trading of Index-Linked Securities (1) Purpose pursuant to 107D is that the term of the SECURITIES AND EXCHANGE DRS, as administered by The issue must be a minimum term of one COMMISSION year but not greater than ten years. Depository Trust Company (‘‘DTC’’), is Proposed Section 107D(b) would extend [Release No. 34–54832; File No. SR–BSE– an electronic system that allows an the duration of the term of the issue 2006–46] investor to establish either through the from ten years to thirty years. issuer’s transfer agent or through the Self-Regulatory Organizations; Boston The Commission finds that the investor’s broker-dealer a book-entry Stock Exchange, Inc.; Notice of Filing proposed rule change is consistent with position on the books of the issuer and of Proposed Rule Change Amending the requirements of the Act and the to electronically transfer her position Rules To Require Securities Become rules and regulations thereunder between the transfer agent and the Eligible for a Direct Registration 3 applicable to a national securities broker-dealer. DRS, therefore, allows System exchange.6 In particular, the an investor to have securities registered Commission finds that the proposed in her name without having a certificate November 29, 2006. issued to her and to electronically rule change is consistent with Section Pursuant to Section 19(b)(1) of the 6(b)(5) of the Act,7 which requires, transfer, thereby eliminating the risk Securities Exchange Act of 1934 and delays associated with the use of 1 (‘‘Act’’), notice is hereby given that on certificates, her securities to her broker- 1 15 U.S.C. 78s(b)(1). October 26, 2006, the Boston Stock 2 dealer in order to effect a transaction. 17 CFR 240.19b–4. Exchange, Inc. (‘‘BSE’’) filed with the 3 Section 107D provides for the listing and trading Ownership is recorded in book-entry of Index-Linked Securities pursuant to Rule 19b– Securities and Exchange Commission form, and instead of receiving a physical 4(e) under the Act (the ‘‘generic listing standards’’). 4 8 See also Section 104 of the Amex Company See Securities Exchange Act Release No. 54629 2 The Commission has modified portions of the (October 19, 2006), 71 FR 63056. Guide setting forth the standards for listing debt text of the summaries prepared by BSE. 5 The Exchange may submit a rule filing pursuant securities. 3 9 Currently, the only registered clearing agency to Section 19(b)(2) of the Act to permit the listing See Securities Exchange Act Release No. 42110 operating a DRS is DTC. For a description of DRS and trading of index linked securities that do not (November 5, 1999), 64 FR 61677 (November 12, and the DRS facilities administered by DTC, see otherwise meet the generic listing criteria set forth 1999) (SR–Amex–9–33); 41992 (October 7, 1999), 64 Securities Exchange Act Release Nos. 37931 in Section 107D. FR 56007 (October 15, 1999) (SR–NYSE–99–22); (November 7, 1996), 61 FR 58600 (November 15, 6 In approving the proposed rule change, the 42313 (January 4, 2000), 65 FR 2205 (January 13, 1996), [File No. SR–DTC–96–15] (order granting Commission notes that it has considered the 2000) (SR–CHX–99–19). approval to establish DRS) and 41862 (September proposed rule’s impact on efficiency, competition 10 15 U.S.C. 78f(b)(5). 10, 1999), 64 FR 51162 (September 21, 1999), [File and capital formation. 15 U.S.C. 78c(f). 11 17 CFR 200.30–3(a)(12). No. SR–DTC–99–16] (order approving 7 15 U.S.C. 78f(b)(5). 1 15 U.S.C. 78s(b)(1). implementation of the Profile Modification System).

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certificate from the issuer or its transfer some transfer agents may have to make III. Date of Effectiveness of the agent, the investor receives a statement changes to comply with their Proposed Rule Change and Timing for of holdings as evidence of ownership. requirements. In addition, certain Commission Action BSE believes that DRS will be an issuers may have to make amendments Within thirty-five days of the date of important step in reducing the use of to their governing documents, such as publication of this notice in the Federal securities certificates, which should their by-laws or corporate charters, to be Register or within such longer period: facilitate transfers in securities and eligible to issue book-entry positions. To (i) As the Commission may designate up could eventually lead to lower risks and allow sufficient time for these changes, to ninety days of such date if it finds 4 costs for issuers and investors. To BSE proposes implementing the such longer period to be appropriate encourage the use of DRS, the BSE proposed requirement on January 1, and publishes its reasons for so finding; proposes to require that all listed 2008, for issuers with securities already or (ii) as to which the self-regulatory securities be eligible to participate in listed on BSE or another listed organization consents, the Commission DRS. Under the proposed rule change, marketplace when the rule is approved. will: BSE would add Section 3 to Chapter (A) By order approve such proposed XXVII that would require any security Companies listing for the first time would have greater flexibility to adopt rule change or initially listing on BSE on or after (B) Institute proceedings to determine January 1, 2007, to be eligible for a DRS any required changes and therefore the whether the proposed rule change that is operated by a clearing agency proposed requirement would be should be disapproved. registered under Section 17A of the Act. applicable to new listings beginning This requirement, however, would not January 1, 2007. IV. Solicitation of Comments Interested persons are invited to extend to (i) securities of companies (2) Statutory Basis which already have securities listed on submit written data, views, and BSE, (ii) securities of companies which The statutory basis under the Act for arguments concerning the foregoing, immediately prior to such listing had this proposed rule change is the including whether the proposed rule securities listed on another securities requirement under Section 6(b)(5) of the change is consistent with the Act. exchange in the U.S., or (iii) non-equity Act, which requires, among other Comments may be submitted by any of securities which are book-entry only. things, that the rules of an exchange are the following methods: Under the proposed rule, on and after designed to prevent fraudulent and Electronic Comments January 1, 2008, all securities listed on manipulative acts and practices, to • BSE, other than non-equity securities Use the Commission’s Internet promote just and equitable principles of comment form (http://www.sec.gov/ which are book-entry only, must be trade, to foster cooperation and eligible for a DRS that is operated by a rules/sro.shtml) or coordination with persons engaged in • clearing agency registered under Section Send an e-mail to rule- regulating, clearing, settling, processing 17A of the Act.5 While this proposal [email protected]. Please include File information with respect to, and would require that securities be DRS Number SR–BSE–2006–46 in the subject eligible, it would not mandate the facilitating transactions in securities, to line. elimination of securities certificates remove impediments to perfect the Paper Comments mechanism of a free and open market and, subject to applicable state law and • and a national market system, and, in Send paper comments in triplicate the company’s governing documents, an to Nancy M. Morris, Secretary, investor could still elect to receive a general, to protect investors and the public interest.7 BSE believes that the Securities and Exchange Commission, securities certificate if an issuer elects to 100 F Street, NE., Washington, DC proposed rule is consistent with its issue securities certificates. 20549–1090. In order for a security to be eligible for obligations under Section 6(b)(5) All submissions should refer to File the only DRS in operation today, the because requiring securities to be Number SR–BSE–2006–46. This file issuer is required to use a transfer agent eligible to use DRS should increase the number should be included on the that meets certain insurance and trading of securities in held book-entry subject line if e-mail is used. To help the 6 connectivity requirements. As a result, forms, which should in turn facilitate Commission process and review your the processing of securities transactions. comments more efficiently, please use 4 In that regard, in March 2004 the Commission published a concept release that discussed, among (B) Self-Regulatory Organization’s only one method. The Commission will other things, whether more should be done to Statement on Burden on Competition post all comments on the Commission’s reduce the use of physical securities certificates by Internet Web site (http://www.sec.gov/ individual investors. The Commission noted that BSE does not believe that the rules/sro.shtml). Copies of the the use of physical certificates increases the costs and risks of clearing and settling securities proposed rule change will impose any submission, all subsequent transactions, costs that most often are ultimately burden on competition that is not amendments, all written statements borne by investors. Securities Exchange Act Release necessary or appropriate in furtherance with respect to the proposed rule No. 8398 (March 11, 2004), 69 FR 12922 (March 18, change that are filed with the 2004). Issuers may save money by not having to of the purposes of the Act. print or process physical certificates but may incur Commission, and all written other ongoing expenses to maintain book-entry (C) Self-Regulatory Organization’s communications relating to the records, such as mailing statements to shareholders. Statement on Comments on the proposed rule change between the 5 The exact text of the BSE’s proposed rule change Proposed Rule Change Received From Commission and any person, other than is set forth in its filing, which can be found at Members, Participants, or Others those that may be withheld from the http://www.bostonstock.com/legal/ _ _ public in accordance with the pending rule filings.html. BSE has neither solicited nor received 6 DTC’s rules require that a transfer agent provisions of 5 U.S.C. 552, will be (including an issuer acting as its own transfer agent) written comments on the proposed rule available for inspection and copying in acting for a company issuing securities in DRS must change. the Commission’s Public Reference be a DRS Limited Participant. Securities Exchange Act Release No. 37931 (November 7, 1996), 61 FR Section, 100 F Street, NE., Washington, 58600 (November 15, 1996), [File No. SR–DTC–96– DC 20549. Copies of such filings also 15]. 7 15 U.S.C. 78f(b)(5). will be available for inspection and

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copying at the principal office of BSE The NASDAQ Stock Market, Inc. rates that reasonably correspond to the and on BSE’s Web site, www.bse.com. (‘‘Nasdaq’’). The text of this proposed respective transaction fee rates being All comments received will be posted rule change is available on the charged by the executing markets. without change; the Commission does Exchange’s Web site at http:// Accordingly, it is submitting changes to not edit personal identifying www.chx.com/rules/proposed_rules.htm Sections E.6 and E.8 of the Fee information from submissions. You and in the Commission’s Public Schedule, to reflect recent should submit only information that Reference Room. developments regarding applicable you wish to make available publicly. All II. Self-Regulatory Organization’s transaction fees assessed by Nasdaq on submissions should refer to File Statement of the Purpose of, and account of NMS Linkage Plan Number SR–BSE–2006–46 and should 7 Statutory Basis for, the Proposed Rule executions. Specifically, the proposal be submitted on or before December 28, Change would change the outbound fee for NMS 2006. Linkage orders routed to Nasdaq (in For the Commission by the Division of In its filing with the Commission, the issues other than exchange-traded Market Regulation, pursuant to delegated CHX included statements concerning funds) from $.0030/share to $.0015/ authority.8 the purpose of, and basis for, the share. This change is not applicable to Nancy M. Morris, proposed rule change and discussed any orders for exchange-traded funds. Secretary. comments it received on the proposed 2. Statutory Basis [FR Doc. E6–20730 Filed 12–6–06; 8:45 am] rule change. The text of these statements may be examined at the places specified BILLING CODE 8011–01–P in Item IV below. The CHX has prepared The Exchange believes that the summaries, set forth in Sections A, B, proposed rule change is consistent with Section 6(b)(4) of the Act 8 in that it SECURITIES AND EXCHANGE and C below, of the most significant aspects of such statements. provides for the equitable allocation of COMMISSION reasonable dues, fees and other charges [Release No. 34–54842; File No. SR–CHX– A. Self-Regulatory Organization’s among its members and is consistent 2006–35] Statement of the Purpose of, and with the allocation of dues, fees and Statutory Basis for, the Proposed Rule other charges utilized by other self- Self-Regulatory Organizations; Change regulatory organizations that have Chicago Stock Exchange, Inc.; Notice 1. Purpose implemented trading platforms similar of Filing and Immediate Effectiveness to the CHX new trading model. of Proposed Rule Change Relating to The Exchange’s Fee Schedule, among Participant Fees and Credits other things, identifies the fees that are B. Self-Regulatory Organization’s charged to participants on account of Statement on Burden on Competition November 30, 2006. outbound NMS Linkage Plan orders.5 Pursuant to Section 19(b)(1) of the Section E.6 of the Fee Schedule applies The Exchange does not believe that Securities Exchange Act of 1934 (the to orders that are Matching System- the proposed rule change will impose 1 2 ‘‘Act’’), and Rule 19b–4 thereunder, eligible and therefore are routed from any burden on competition. notice is hereby given that on November the Matching System to other market 13, 2006, the Chicago Stock Exchange, C. Self-Regulatory Organization’s centers. Section E.8 of the Fee Schedule Statement on Comments on the Inc. (‘‘CHX’’ or ‘‘Exchange’’) filed with applies to orders that have not yet the Securities and Exchange Proposed Rule Change Received From migrated to the Matching System and Members, Participants or Others Commission (‘‘Commission’’) the therefore are routed from the Exchange’s proposed rule change as described in pre-new trading model facilities.6 No written comments were either Items I, II, and III below, which Items When an outbound NMS Linkage Plan solicited or received. have been prepared by the CHX. The order is executed on another NMS CHX has designated this proposal as one Linkage participant market, that market III. Date of Effectiveness of the establishing or changing a member due, will directly invoice the CHX for a Proposed Rule Change and Timing for fee, or other charge imposed by the CHX transaction fee, in an amount that may Commission Action pursuant to Section 19(b)(3)(A)(ii) of the not exceed the transaction fee that it Act,3 and Rule 19b–4(f)(2) thereunder,4 Because the foregoing proposed rule would charge its own member for such change establishes or changes a due, fee which renders the proposal effective an execution. The CHX is then upon filing with the Commission. The or other charge imposed by the responsible for payment of such invoice. Exchange, it has become effective Commission is publishing this notice to Sections E.6 and E.8 of the Fee Schedule solicit comments on the proposed rule pursuant to Section 19(b)(3)(A) of the permit the CHX to collect a Act 9 and subparagraph (f)(2) of Rule change from interested persons. corresponding fee from the CHX 19b–4 thereunder.10 At any time within participant that generated the outbound I. Self-Regulatory Organization’s 60 days of the filing of such proposed NMS Linkage Plan order. The CHX Statement of the Terms of Substance of rule change, the Commission may believes that it is appropriate to the Proposed Rule Change summarily abrogate such rule change if establish outbound NMS Linkage fee The CHX proposes to amend its it appears to the Commission that such Schedule of Participant Fees and Credits action is necessary or appropriate in the 5 See Securities Exchange Act Release No. 54548 (the ‘‘Fee Schedule’’) to include a (September 29, 2006), 71 FR 59159 (October 6, public interest, for the protection of reduction in the fees charged for orders 2006) (SR–CHX–2006–28) (approving NMS Linkage investors, or otherwise in furtherance of routed through the NMS Linkage Plan to Plan exchange-to-exchange billing procedures); the purposes of the Act. Securities Exchange Act Release No. 54551 (September 29, 2006), 71 FR 59148 (October 6, 8 17 CFR 200.30–3(a)(12). 2006) (approving NMS Linkage Plan). 7 See Nasdaq Head Trader Alert #2006–176 1 15 U.S.C. 78s(b)(1). 6 See Securities Exchange Act Release No. 54550 (November 1, 2006, updated November 3, 2006). 2 17 CFR 240.19b–4. (September 29, 2006); 71 FR 59563 (October 10, 8 15 U.S.C. 78f(b)(4). 3 15 U.S.C. 78s(b)(3)(A)(ii). 2006) (SR–CHX–2006–05) (approving rules to 9 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b–4(f)(2). implement a new trading model). 10 17 CFR 240.19b–4(f)(2).

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IV. Solicitation of Comments For the Commission, by the Division of Exchange has prepared summaries, set Market Regulation, pursuant to delegated forth in Sections A, B, and C below, of Interested persons are invited to authority.11 the most significant aspects of such submit written data, views, and Florence E. Harmon, statements. arguments concerning the foregoing, Deputy Secretary. A. Self-Regulatory Organization’s including whether the proposed rule [FR Doc. E6–20715 Filed 12–6–06; 8:45 am] Statement of the Purpose of, and change is consistent with the Act. BILLING CODE 8011–01–P Comments may be submitted by any of Statutory Basis for, the Proposed Rule Change the following methods: SECURITIES AND EXCHANGE 1. Purpose Electronic Comments COMMISSION As part of the Exchange’s new trading • Use the Commission’s Internet [Release No. 34–54846; File No. SR–CHX– model, the Exchange proposes to comment form (http://www.sec.gov/ 2006–34] operate a neutral communications rules/sro.shtml); or service that allows its participants to • Self-Regulatory Organizations; route orders to any destination Send an e-mail to rule- Chicago Stock Exchange, Inc.; Notice [email protected]. Please include File connected to the CHX’s network. of Filing and Immediate Effectiveness Specifically, this service would allow No. SR–CHX–2006–35 on the subject of Proposed Rule Change Regarding line. participants to route orders to: (1) The the Implementation of a CHX Matching System; (2) CHX Paper Comments Communications or Routing Service institutional brokers; (3) market makers or other broker-dealers connected to the • Send paper comments in triplicate November 30, 2006. Pursuant to Section 19(b)(1) of the CHX’s network, which provide order to Nancy M. Morris, Secretary, handling and execution services in the Securities and Exchange Commission, Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 over-the-counter market; and (4) other Station Place, 100 F Street, NE., destinations (including order-routing Washington, DC 20549–1090. notice is hereby given that on November 16, 2006, the Chicago Stock Exchange, vendors) that are connected to the 5 All submissions should refer to File Inc. (‘‘CHX’’ or ‘‘Exchange’’) filed with CHX’s network. This communications Number SR–CHX–2006–35. This file the Securities and Exchange or routing service would not effect trade number should be included on the Commission (‘‘Commission’’) the executions and would not report trades subject line if e-mail is used. To help the proposed rule change as described in to ‘‘the tape.’’ An order would not pass through the CHX market before going to Commission process and review your Items I and II below, which Items have an entity or market outside of the CHX comments more efficiently, please use been prepared by the Exchange. The (i.e., a participant could choose to route only one method. The Commission will CHX has filed this proposal pursuant to Section 19(b)(3)(A)(iii) of the Act 3 and an order directly to any of the above post all comments on the Commission’s destinations). A participant would be Internet Web site (http://www.sec.gov/ Rule 19b–4(f)(6) thereunder,4 which renders the proposal effective upon responsible for identifying the rules/sro.shtml). Copies of the appropriate destination for any orders submission, all subsequent filing with the Commission. The Commission is publishing this notice to sent through the service and for amendments, all written statements ensuring that it had authority to access with respect to the proposed rule solicit comments on the proposed rule change from interested persons. the selected destination; the CHX would change that are filed with the merely provide the mechanism by Commission, and all written I. Self-Regulatory Organization’s which orders (and associated messages) communications relating to the Statement of the Terms of Substance of could be routed by a participant to a proposed rule change between the the Proposed Rule Change destination and from the destination Commission and any person, other than The Exchange proposes to amend its back to the participant.6 those that may be withheld from the rules to operate a service that allows its This service would be a facility of the public in accordance with the participants to route orders to any other Exchange. As a result, the Exchange provisions of 5 U.S.C. 552, will be destination connected to the CHX’s would submit fee changes, and any available for inspection and copying in network. applicable changes to its rules, to the the Commission’s Public Reference Commission as required by Rule 19b–4 Room. Copies of such filing also will be II. Self-Regulatory Organization’s under the Act in connection with its Statement of the Purpose of, and 7 available for inspection and copying at routing. Accordingly, the Exchange is Statutory Basis for, the Proposed Rule the principal office of the CHX. All Change 5 Details associated with the operation of these comments received will be posted routing services would be set out on the Exchange’s without change; the Commission does In its filing with the Commission, the Web site or could be the subject of an agreement not edit personal identifying Exchange included statements between the CHX and any participants that seek to information from submissions. You concerning the purpose of, and basis for, use the services. 6 should submit only information that the proposed rule change and discussed This service is an extension of a service that the any comments it received on the Exchange already provides to its participants— you wish to make available publicly. All current order-sending participants route orders submissions should refer to File proposed rule change. The text of these through access provided by the Exchange to the  Number SR–CHX–2006–35 and should statements may be examined at the MAX trading system and to the CHX’s places specified in Item IV below. The institutional brokers. Institutional brokers and be submitted on or before December 28, specialists use CHX-provided connectivity to route orders to the MAX trading system (and, for 2006. 11 17 CFR 200.30–3(a)(12). securities that have been transitioned to the new 1 15 U.S.C. 78s(b)(1). trading model, to the CHX’s new Matching System). 2 17 CFR 240.19b–4. 7 17 CFR 240.19b–4. The Exchange’s rules and 3 15 U.S.C. 78s(b)(3)(A)(iii). fees, however, would not address the fees or 4 17 CFR 240.19b–4(f)(6). Continued

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filing, concurrently with this proposal, (iii) does not become operative for 30 Paper Comments a separate proposal to charge a fee to days from the date of filing, or such • Send paper comments in triplicate recipients of orders that are sent through shorter time as the Commission may to Nancy M. Morris, Secretary, 8 this service. designate if consistent with the Securities and Exchange Commission, The Exchange would provide these protection of investors and the public 100 F Street, NE., Washington, DC routing services in compliance with its interest. Therefore, the foregoing rule 20549–1090. rules and with the provisions of the Act change has become effective pursuant to All submissions should refer to File No. and the rules thereunder, including, but 12 Section 19(b)(3)(A) of the Act and SR–CHX–2006–34. This file number not limited to, the requirements of 13 Rule 19b–4(f)(6) thereunder. should be included on the subject line Sections 6(b)(4) and (5) of the Act 9 that Pursuant to Rule 19b–4(f)(6)(iii) under if e-mail is used. To help the the rules of a national securities the Act, a proposal does not become Commission process and review your exchange provide for the equitable operative for 30 days after the date of its comments more efficiently, please use allocation of reasonable dues, fees, and filing, or such shorter time as the other charges among its members and only one method. The Commission will Commission may designate if consistent issuers and other persons using its post all comments on the Commission’s with the protection of investors and the facilities, and not be designed to permit Internet Web site (http://www.sec.gov/ public interest. The CHX has requested unfair discrimination between rules/sro.shtml). Copies of the that the Commission waive the 30-day customers, issuers, brokers, or dealers. submission, all subsequent operative delay. The Commission amendments, all written statements 2. Statutory Basis believes that waiving the 30-day with respect to the proposed rule The CHX believes the proposal is operative delay is consistent with the change that are filed with the consistent with the requirements of the protection of investors and the public Commission, and all written Act and the rules and regulations interest because it will allow communications relating to the thereunder that are applicable to a participants to begin to utilize the proposed rule change between the national securities exchange, and, in proposed routing function in connection Commission and any person, other than particular, with the requirements of with the implementation of the those that may be withheld from the Section 6(b).10 The Exchange believes Exchange’s new trading model. For public in accordance with the that the proposed changes are consistent these reasons, the Commission provisions of 5 U.S.C. 552, will be with Section 6(b)(5) of the Act,11 designates that the proposed rule available for inspection and copying in because they would promote just and change become operative immediately. the Commission’s Public Reference equitable principles of trade, remove At any time within 60 days of the Room. Copies of the filing also will be impediments to, and perfect the filing of the proposed rule change, the available for inspection and copying at mechanism of, a free and open market Commission may summarily abrogate the principal office of the Exchange. All and a national market system, and, in the rule change if it appears to the comments received will be posted general, protect investors and the public Commission that such action is without change; the Commission does interest by confirming that the CHX necessary or appropriate in the public not edit personal identifying would operate its routing services as a interest, for the protection of investors, information from submissions. You facility of the Exchange, in a manner or otherwise in furtherance of the should submit only information that consistent with the requirements of the purposes of the Act. you wish to make available publicly. All Act. submissions should refer to File No. IV. Solicitation of Comments SR–CHX–2006–34 and should be B. Self-Regulatory Organization’s submitted on or before December 28, Statement on Burden on Competition Interested persons are invited to submit written data, views and 2006. The Exchange does not believe that arguments concerning the foregoing, For the Commission, by the Division of the proposed rule changes will impose including whether the proposed rule Market Regulation, pursuant to delegated any burden on competition. 14 change is consistent with the Act. authority. C. Self-Regulatory Organization’s Comments may be submitted by any of Florence E. Harmon, Statement on Comments on the the following methods: Deputy Secretary. Proposed Rule Change Received From [FR Doc. E6–20719 Filed 12–6–06; 8:45 am] Electronic Comments Members, Participants, or Others BILLING CODE 8011–01–P No written comments were either • Use the Commission’s Internet solicited or received. comment form (http://www.sec.gov/ rules/sro.shtml); or SECURITIES AND EXCHANGE III. Date of Effectiveness of the COMMISSION • Send an e-mail to rule- Proposed Rule Change and Timing for [Release No. 34–54833; File No. SR–CHX– Commission Action [email protected]. Please include File Number SR–CHX–2006–34 on the 2006–33] The Exchange has designated the subject line. proposed rule change as one that: (i) Self-Regulatory Organizations; Does not significantly affect the Chicago Stock Exchange, Inc.; Notice 12 15 U.S.C. 78s(b)(3)(A). of Filing of Proposed Rule Change protection of investors or the public 13 17 CFR 240.19b–4(f)(6). Pursuant to Rule 19b– interest; (ii) does not impose any 4(f)(6)(iii) under the Act, the Exchange is required Amending Rules To Require Listed significant burden on competition; and to give the Commission written notice of its intent Companies To Make Securities Eligible to file the proposed rule change, along with a brief for the Direct Registration System description and text of the proposed rule change, manner of operation of any destination to which the at least five business days prior to the date of filing participant asked that an order be routed. November 29, 2006. of the proposed rule change, or such shorter time 8 Pursuant to Section 19(b)(1) of the See File No. SR–CHX–2006–36. as designated by the Commission. The Exchange 9 15 U.S.C. 78f(b)(4)–(5). has requested that the Commission waive the 5-day Securities Exchange Act of 1934 10 15 U.S.C. 78f(b). pre-filing notice requirement. The Commission has 11 15 U.S.C. 78f(b)(5). determined to waive this requirement for this filing. 14 17 CFR 200.30–3(a)(12).

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(‘‘Act’’),1 notice is hereby given that on issued to her and to electronically a transfer agent that is a DRS Limited October 30, 2006, the Chicago Stock transfer her securities to her broker- Participant.8 Transfer agents will need Exchange, Inc. (‘‘CHX’’) filed with the dealer in order to effect a securities to meet certain DTC criteria, such as Securities and Exchange Commission transaction without the risk and delays insurance and connectivity (‘‘Commission’’) the proposed rule associated with the use of securities requirements in order to become DRS change described in Items I, II, and III certificates. Limited Participants and an issuer’s below, which items have been prepared Investor holding securities in DRS corporate documents, such as its bylaws primarily by CHX. The Commission is retain the rights associated with or corporate charters, may need to be publishing this notice to solicit securities certificates (such as voting) amended to permit the issuance of book- comments on the proposed rule change without the responsibility of holding entry shares. CHX believes that the from interested parties. and safeguarding those certificates. In proposed deadlines as set forth above addition, corporate actions (such as would allow issuers and transfer agents I. Self-Regulatory Organization’s reverse stock splits and mergers) can be Statement of the Terms of Substance of an appropriate amount of time to meet handled electronically with no applicable requirements. the Proposed Rule Change securities certificates to be returned to CHX proposes to amend its listing or received from the transfer agent. (2) Statutory Basis standards to require certain issuers to To reduce the number of transactions CHX believes the proposed rule make their securities eligible for a Direct in securities for which settlement is change is consistent with the Registration System (‘‘DRS’’) operated effected by the physical delivery of requirements of the Act and the rules by a securities depository registered as securities certificates to and reduce the and regulations thereunder that are a clearing agency under Section 17A of risks, costs, and delays associated with applicable to a national securities the Act. the physical processing of securities exchange. In particular, the proposed certificates, the CHX seeks to amend its II. Self-Regulatory Organization’s rule change is consistent with Section listing standards by adding paragraph Statement of the Purpose of, and 6(b)(5) of the Act because it would (h) to Rule 1 4 Statutory Basis for, the Proposed Rule that would require certain promote just and equitable principles of Change issuers to make their securities eligible trade, foster cooperation and for DRS.5 As proposed, the new rule coordination with persons engaged in In its filing with the Commission, would require that any security initially regulating, clearing, settling, processing CHX included statements concerning listing on CHX on or after January 1, information with respect to, and the purpose of and basis for the 2007, must be eligible for a DRS that is facilitating transactions in securities, proposed rule change and discussed any 6 operated by a securities depository. remove impediments to perfect the comments it received on the proposed This requirement, however, would not mechanism of a free and open market rule change. The text of these statements extend to (i) securities of companies may be examined at the places specified and a national market system, and, in which already have securities listed on general, protect investors and the public in Item IV below. CHX has prepared CHX, (ii) securities of companies which summaries, set forth in sections (A), (B), interest by confirming that certain immediately prior to such listing had CHX’s issuers would be required to and (C) below, of the most significant securities listed on another national aspects of these statements.2 make their securities eligible for a DRS securities exchange, (iii) derivative operated by a securities depository.9 (A) Self-Regulatory Organization’s products, or (iv) securities (other than Statement of the Purpose of, and stocks) which are book-entry only. (B) Self-Regulatory Organization’s Statutory Basis for, the Proposed Rule Under the proposed rule, on and after Statement on Burden on Competition Change January 1, 2008, all securities listed on CHX does not believe that the CHX must be eligible for a DRS that is (1) Purpose proposed rule change will impose any operated by a securities depository.7 burden on competition that is not The Direct Registration System CHX understands that issuers and necessary or appropriate in furtherance (‘‘DRS’’) allows an investor to establish, transfer agents may incur initial costs of the purposes of the Act. either through an issuer’s transfer agent when making an issue DRS-eligible. As or through the investor’s broker-dealer, an initial matter, the issuer must have (C) Self-Regulatory Organization’s a book-entry position in a security and Statement on Comments on the to electronically transfer that position 4 The exact text of the CHX proposed rule change Proposed Rule Change Received From between the transfer agent and the is set forth in its filing, which can be found at Members, Participants, or Others _ investor’s broker-dealer through a http://www.chx.com/rules/proposed rules.htm. 5 The Commission has approved rule changes CHX has neither solicited nor facility currently administered by The filed by the New York Stock Exchange LLC, received written comments on the Depository Trust Company (‘‘DTC’’).3 NASDAQ Stock Market LLC, the American Stock proposed rule change. DRS, therefore, enables an investor to Exchange LLC, and the NYSE Arca, Inc. that would have securities registered in her name require certain listed companies securities become III. Date of Effectiveness of the DRS eligible. Securities Exchange Act Release Nos. Proposed Rule Change and Timing for without having a securities certificate 54289 (August 8, 2006), 71 FR 47278 (August 16, 2006) [File No. SR–NYSE–2006–29]; 54288 (August Commission Action 1 15 U.S.C. 78s(b)(1). 8, 2006), 71 FR 47276 (August 16, 2006) [File No. Within thirty-five days of the date of 2 The Commission has modified portions of the SR–NASDAQ–2006–008]; 54290 (August 8, 2006), publication of this notice in the Federal text of the summaries prepared by the CHX. 71 FR 47262 (August 16, 2006) [File No. SR–Amex– 3 Currently, the only registered clearing agency 2006–40]; 54410 (September 7, 2006), 71 FR 54316 Register or within such longer period: operating a DRS is DTC. For a description of DRS (September 14, 2006) [File No. SR–NYSE Arca– and the DRS facilities administered by DTC, see 2006–31]. 8 DTC’s rules require that a transfer agent Securities Exchange Act Release Nos. 37931 6 Under the proposed rule, a ‘‘securities (including an issuer acting as its own transfer agent) (November 7, 1996), 61 FR 58600 (November 15, depository’’ would mean a securities depository acting for a company issuing securities in DRS must 1996), [File No. SR–DTC–96–15] (order granting registered as a clearing agency under Section be a DRS Limited Participant. Securities Exchange approval to establish DRS) and 41862 (September 17A(b)(2) of the Act. Act Release No. 37931 (November 7, 1996), 61 FR 10, 1999), 64 FR 51162 (September 21, 1999), [File 7 Securities (other than stock) that are book-entry- 58600 (November 15, 1996), [File No. SR–DTC–96– No. SR–DTC–99–16] (order approving only and derivative products would continue to be 15]. implementation of the Profile Modification System). excluded from the DRS requirement. 9 15 U.S.C. 78f(b)(5).

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(i) as the Commission may designate up should submit only information that transacts a certain number of contracts to ninety days of such date if it finds you wish to make available publicly. All through the Exchange’s Facilitation such longer period to be appropriate submissions should refer to File Mechanism. The text of the proposed and publishes its reasons for so finding Number SR–CHX–2006–33 and should rule change is available on the or (ii) as to which the self-regulatory be submitted on or before December 28, Exchange’s Web site at (http:// organization consents, the Commission 2006. www.iseoptions.com/legal/proposed- will: For the Commission by the Division of rule-changes.asp), at the ISE’s principal (A) By order approve such proposed Market Regulation, pursuant to delegated office, and at the Commission’s Public rule change or authority.10 Reference Room. (B) Institute proceedings to determine Nancy M. Morris, II. Self-Regulatory Organization’s whether the proposed rule change Secretary. should be disapproved. Statement of the Purpose of, and [FR Doc. E6–20731 Filed 12–6–06; 8:45 am] Statutory Basis for, the Proposed Rule IV. Solicitation of Comments BILLING CODE 8011–01–P Change Interested persons are invited to In its filing with the Commission, the submit written data, views, and SECURITIES AND EXCHANGE ISE included statements concerning the arguments concerning the foregoing, COMMISSION purpose of, and basis for, the proposed including whether the proposed rule rule change and discussed any change is consistent with the Act. [Release No. 34–54841; File No. SR–ISE– comments it received on the proposed Comments may be submitted by any of 2006–69] rule change. The text of these statements the following methods: Self-Regulatory Organizations; may be examined at the places specified Electronic Comments International Securities Exchange, in Item IV below. The ISE has prepared summaries, set forth in sections A, B • Use the Commission’s Internet LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule and C below, of the most significant comment form (http://www.sec.gov/ aspects of such statements. rules/sro.shtml) or Change Relating to Fee Changes • A. Self-Regulatory Organization’s Send an e-mail to rule- November 30, 2006. Statement of the Purpose of, and [email protected]. Please include File Pursuant to Section 19(b)(1) of the Statutory Basis for, the Proposed Rule Number SR–CHX–2006–33 in the Securities Exchange Act of 1934 Change subject line. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Paper Comments notice is hereby given that on November 1. Purpose • Send paper comments in triplicate 27, 2006, the International Securities The ISE proposes to amend its to Nancy M. Morris, Secretary, Exchange, LLC (the ‘‘Exchange’’ or the Schedule of Fees to extend until June Securities and Exchange Commission, ‘‘ISE’’) filed with the Securities and 30, 2007, a pilot program that (i) caps 100 F Street, NE., Washington, DC Exchange Commission the proposed and waives execution and comparison 20549–1090. rule change as described in Items I, II, fees for transactions in options on the All submissions should refer to File and III below, which items have been QQQQ when a member transacts a Number SR–CHX–2006–33. This file prepared by the self-regulatory certain number of QQQQ option number should be included on the organization. The ISE has designated contracts, and (ii) reduces and waives subject line if e-mail is used. To help the this proposal as one changing a fee the facilitation execution and Commission process and review your imposed by the ISE under Section comparison fees when a member 3 comments more efficiently, please use 19(b)(3)(A)(ii) of the Act and Rule 19b– transacts a certain number of contracts 4 only one method. The Commission will 4(f)(2) thereunder, which renders the through the Exchange’s Facilitation post all comments on the Commission’s proposal effective upon filing with the Mechanism.5 Internet Web site (http://www.sec.gov/ Commission. The Commission is Under the QQQQ pilot program, when rules/sro.shtml). Copies of the publishing this notice to solicit a member’s monthly average daily submission, all subsequent comments on the proposed rule change volume (‘‘A.D.V.’’) in QQQQ options amendments, all written statements from interested persons. reaches 10,000 contracts, the member’s with respect to the proposed rule I. Self-Regulatory Organization’s execution fee for the next 2,000 QQQQ change that are filed with the Statement of the Terms of Substance of option contracts is reduced by $.10 per Commission, and all written the Proposed Rule Change contract.6 Further, when a member’s communications relating to the monthly A.D.V. in QQQQ options The ISE is proposing to amend its proposed rule change between the reaches 12,000 contracts, the Exchange Schedule of Fees to extend until June Commission and any person, other than waives the entire execution fee and the 30, 2007, a pilot program that (i) caps those that may be withheld from the comparison fee for each QQQQ option and waives execution and comparison public in accordance with the contract traded thereafter. The Exchange fees for transactions in options on the provisions of 5 U.S.C. 552, will be  instituted this pilot program in NASDAQ–100 Index Tracking Stock available for inspection and copying in  November 2003 for a six month period, (‘‘QQQQ ’’) when a member transacts a the Commission’s Public Reference certain number of QQQQ option Section, 100 F Street, NE., Washington, 5 Earlier this year, the Exchange amended the contracts, and (ii) reduces and waives DC 20549. Copies of such filings also pilot program by increasing the threshold levels at the facilitation execution and which the fee waiver and reduction applied. See will be available for inspection and comparison fees when a member Securities Exchange Act Release No. 54016 (June copying at the principal office of CHX 19, 2006), 71 FR 36575 (June 27, 2006). 6 Telephone conversation between Samir Patel, and on CHX’s Web site, www.chx.com. 10 17 CFR 200.30–3(a)(12). Assistant General Counsel, ISE, and Hong-anh Tran, All comments received will be posted 1 15 U.S.C. 78s(b)(1). Special Counsel, Division of Market Regulation, without change; the Commission does 2 17 CFR 240.19b–4. Commission, on November 28, 2006 (clarifying that not edit personal identifying 3 15 U.S.C. 78s(b)(3)(A)(ii). the A.D.V. threshold is calculated on a monthly information from submissions. You 4 17 CFR 240.19b–4(f)(2). basis).

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expiring in May 2004.7 The Exchange Exchange to continue offering number should be included on the extended the pilot program in May 2004 competitively priced products and subject line if e-mail is used. To help the for an additional six month period, services. Commission process and review your expiring in November 2004.8 The comments more efficiently, please use B. Self-Regulatory Organization’s only one method. The Commission will Exchange extended the pilot program Statement on Burden on Competition for a one year period in November post all comments on the Commission’s 2004 9 and again in November 2005.10 The Exchange believes that the Internet Web site (http://www.sec.gov/ The current pilot program is set to proposed rule change does not impose rules/sro.shtml). Copies of the expire on November 30, 2006. The any burden on competition that is not submission, all subsequent Exchange now proposes to further necessary or appropriate in furtherance amendments, all written statements extend the pilot program until June 30, of the purposes of the Act. with respect to the proposed rule 2007.11 The Exchange seeks to extend C. Self-Regulatory Organization’s change that are filed with the this pilot program for competitive Statement on Comments on the Commission, and all written reasons. This pilot program was Proposed Rule Change Received From communications relating to the initiated and extended in an attempt to Members, Participants or Others proposed rule change between the increase the Exchange’s market share in Commission and any person, other than No written comments were either the QQQQ option product. those that may be withheld from the solicited or received. The structure of the reduction and public in accordance with the waiver of the facilitation execution fee III. Date of Effectiveness of the provisions of 5 U.S.C. 552, will be and the comparison fee is based on the Proposed Rule Change and Timing for available for inspection and copying in structure of the reduction and waiver of Commission Action the Commission’s Public Reference Room. Copies of such filing also will be the QQQQ execution fee and The foregoing proposed rule change available for inspection and copying at comparison fee noted above. That is, has been designated as a fee change the principal office of the ISE. All when a member’s monthly A.D.V. in the pursuant to Section 19(b)(3)(A)(ii) of the comments received will be posted Facilitation Mechanism reaches 15,000 Act 14 and Rule 19b–4(f)(2) 15 without change; the Commission does contracts, the member’s facilitation thereunder, because it establishes or not edit personal identifying execution fee for the next 5,000 changes a due, fee, or other charge information from submissions. You contracts transacted in the Facilitation imposed by the Exchange. Accordingly, should submit only information that Mechanism would be reduced by $.10 the proposal will take effect upon filing you wish to make available publicly. All per contract. Further, when a member’s with the Commission. At any time submissions should refer to File monthly A.D.V. in the Facilitation within 60 days of the filing of such Number SR–ISE–2006–69 and should be Mechanism reaches 20,000 contracts, proposed rule change the Commission submitted on or before December 28, the Exchange would waive the entire may summarily abrogate such rule 2006. facilitation execution fee and the change if it appears to the Commission comparison fee for each contract that such action is necessary or For the Commission, by the Division of transacted in the Facilitation appropriate in the public interest, for Market Regulation, pursuant to delegated 16 Mechanism thereafter. As with the the protection of investors, or otherwise authority. QQQQ incentives, the Exchange is in furtherance of the purposes of the Florence E. Harmon, proposing to extend this pilot program Act. Deputy Secretary. to encourage members to use the [FR Doc. E6–20714 Filed 12–6–06; 8:45 am] IV. Solicitation of Comments Facilitation Mechanism. BILLING CODE 8011–01–P Interested persons are invited to 2. Statutory Basis submit written data, views, and The Exchange believes that its arguments concerning the foregoing, SECURITIES AND EXCHANGE proposal is consistent with Section 6(b) including whether the proposed rule COMMISSION 12 of the Act in general, and furthers the change is consistent with the Act. [Release No. 34–54843; File No. SR–NYSE– objectives of Sections 6(b)(4) of the Comments may be submitted by any of 2006–73] Act 13 in particular, in that it is an the following methods: equitable allocation of reasonable dues, Electronic Comments Self-Regulatory Organizations; New fees, and other charges among its York Stock Exchange LLC; Notice of • members and other persons using its Use the Commission’s Internet Filing and Order Granting Accelerated facilities. In particular, the fee changes comment form (http://www.sec.gov/ Approval to a Proposed Rule Change rules/sro.shtml); or proposed hereby will enable the • and Amendment Nos. 1, 2, and 3 Send an e-mail to rule- Relating to Block Positioning 7 See Securities Exchange Act Release No. 49147 [email protected]. Please include File (January 29, 2004), 69 FR 5629 (February 5, 2004). Number SR–ISE–2006–69 on the subject November 30, 2006. 8 See Securities Exchange Act Release No. 49853 line. Pursuant to Section 19(b)(1) of the (June 14, 2004), 69 FR 35087 (June 23, 2004). Securities Exchange Act of 1934 9 Paper Comments See Securities Exchange Act Release No. 50900 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 (December 21, 2004), 69 FR 78075 (December 29, • Send paper comments in triplicate 2004). notice is hereby given that on 10 See Securities Exchange Act Release No. 52934 to Nancy M. Morris, Secretary, September 13, 2006, the New York (December 9, 2005), 70 FR 74859 (December 16, Securities and Exchange Commission, Stock Exchange LLC (‘‘NYSE’’ or 2005). 100 F Street, NE., Washington, DC ‘‘Exchange’’) filed with the Securities 11 The Exchange intends to establish, through 20549–1090. and Exchange Commission subsequent filings, June 30 as the date on which all of its fee programs expire. By aligning the All submissions should refer to File (‘‘Commission’’) the proposed rule expiration date as such, the Exchange seeks to Number SR–ISE–2006–69. This file manage its various fee programs more effectively. 16 17 CFR 200.30–3(a)(12). 12 15 U.S.C. 78f(b). 14 15 U.S.C. 78s(b)(3)(A)(ii). 1 15 U.S.C. 78s(b)(1). 13 15 U.S.C. 78f(b)(4). 15 17 CFR 240.19b–4(f)(2). 2 17 CFR 240.19b–4.

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change as described in Items I and II outside the prevailing NYSE quotation. cross), then with all limit orders in the below, which Items have been prepared Under the rule, a member organization Display Book (‘‘Display Book’’) system by the NYSE. The NYSE filed must inform the specialist of its intent priced better than the block clean-up Amendment Nos. 1, 2, and 3 to the to cross block orders at a specific clean- price, and then execute the cross at the proposal on October 12, 2006, October up price. The member organization then clean-up price. This will result in 13, 2006, and November 28, 2006, announces the clean-up price to the executions at a maximum of three respectively.3 The Commission is trading Crowd. If the cross involves only prices: The displayed bid (offer) price; publishing this notice and order to agency orders on each side, the member a price one cent better than the clean- solicit comments on the proposed rule organization fills all orders limited to or up price, and the block clean-up price. change, as amended, from interested better than such price, and crosses the Percentage orders elected at each price persons, and to approve the proposed remaining shares at the clean-up price. will be entitled to trade at those prices. rule change, as amended, on an However, if the member organization The block cross will have execution accelerated basis. determines that the amount of stock priority at the clean-up price. Pursuant needed to trade with such limit orders to NYSE Rule 127(e), none of these I. Self-Regulatory Organization’s excessively interferes with the proposed executions will be subject to the Statement of the Terms of Substance of block cross, the member organization requirements of NYSE Rule 76. the Proposed Rule Change may inform the trading Crowd that it The NYSE proposes to amend NYSE will not be given stock at the clean-up Example Rule 127, ‘‘Block Positioning,’’ to revise price. After such announcement, the The NYSE quote in XYZ is $20.05 bid the procedures governing executions of member organization bids and offers the for 10,000 shares, with 5,000 shares block cross transactions at a price full amount of the block cross pursuant offered at $20.10. There is no reserve outside the prevailing NYSE quotation. to NYSE Rule 76.4 This provides the interest at the best bid and offer. There The text of the proposed rule change is Crowd with an opportunity to trade are bids for $20.04, $20.03, and $20.01, available on the NYSE’s Web site with or ‘‘break up’’ the crossed orders. each for 5,000 shares, in the Display (http://www.nyse.com), at the NYSE’s In this situation, the block is entitled to Book system. A member organization Office of the Secretary, and at the priority at the clean-up price. intends to cross orders totaling 50,000 Commission’s Public Reference Room. Additionally, if all or part of one side of shares to buy and sell at $20.02. The the block cross transaction will establish II. Self-Regulatory Organization’s following executions occur: 10,000 or increase the member organization’s Statement of the Purpose of, and shares trade at $20.05, 10,000 shares position, the member organization Statutory Basis for, the Proposed Rule trade at $20.03, and 30,000 shares are representing the block orders must fill at Change crossed at the clean-up price of $20.02. the clean-up price public orders limited In addition, pursuant to the proposed In its filing with the Commission, the to the clean-up price or better before any new rule, when a member organization Exchange included statements amount may be retained for the member is establishing or increasing a position concerning the purpose of, and basis for, organization’s account. This is not for its own account and the member the proposed rule change and discussed required when the member organization organization is all or a part of one side any comments it received on the is liquidating a position. NYSE Rule 127 of the block, then the member proposed rule change. The text of these also provides for the member organization representing the block statements may be examined at the organization executing the cross to take orders will first trade with the displayed places specified in Item III below. The into account the needs of the specialist bid or offer (whichever is relevant to the Exchange has prepared summaries, set in maintaining a market in the stock proposed cross). The member forth in Sections A, B, and C below, of after the block cross transaction. organization will not trade with all limit the most significant aspects of such The Exchange proposes to simplify orders in the Display Book system statements. the procedures in NYSE Rule 127 by priced better than the block clean-up adopting a single process for all block A. Self-Regulatory Organization’s price; rather, the member organization cross transactions outside the Exchange Statement of the Purpose of, and will cross the block orders at the quotation and to make them more Statutory Basis for, the Proposed Rule specified clean-up price and fill at the similar to the way automatic executions Change clean-up price orders limited to the and ‘‘sweeps’’ occur on the Exchange. In clean-up price or better before any 1. Purpose addition, the NYSE proposes some amount may be retained for the member The Exchange is proposing minor wording changes to conform organization’s account. amendments to NYSE Rule 127, which references throughout the rule to governs block cross transactions at a ‘‘member organization’’ instead of Example variously ‘‘member’’ or ‘‘member price outside the prevailing NYSE The NYSE quote in XYZ is $20.05 bid organization.’’ quotation. Currently, NYSE Rule 127 for 10,000 shares, with 5,000 shares The proposed new procedure for the provides alternative procedures that offered at $20.10. There is no reserve execution of block crosses at a price may be followed by a member interest at the best bid and offer. There outside the prevailing NYSE quotation organization intending to cross a block are bids for $20.04, $20.03, and $20.01, is as follows, except where the member of stock at a specific clean-up price each for 5,000 shares, in the Display organization is establishing or Book system. A member organization increasing a position for its own 3 Amendment No. 3 replaced the original filing intends to cross orders totaling 50,000 account: The member organization and Amendment Nos. 1 and 2 in their entirety. shares to buy and sell at $20.02. The Amendment No. 3 revises the original proposal to: representing the block orders will first member organization is buying 40,000 (1) Clarify the execution of block cross transactions trade with the displayed bid or offer in which all or part of one side of the block is for shares for its own account. The (whichever is relevant to the proposed a member organization’s own account; (2) clarify following executions occur: 10,000 that the requirements of NYSE Rule 76, ‘‘’Crossing’ Orders,’’ will not apply to executions made in 4 Under NYSE Rule 76, the member makes an shares trade at $20.05, 30,000 shares are accordance with NYSE Rule 127; and (3) correct offer higher than the clean-up price by the crossed at the clean-up price of $20.02, errors in the text of NYSE Rule 127. minimum variation permitted in such security. and 10,000 shares trade at $20.02.

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2. Statutory Basis rules/sro.shtml). Copies of the Rule 127(c)(2) will govern block The Exchange believes that the submission, all subsequent transactions where all or part of one proposed rule change is consistent with amendments, all written statements side of the block is for a member Section 6(b) of the Act 5 in general, and with respect to the proposed rule organization’s own account and the furthers the objectives of Section 6(b)(5) change that are filed with the member organization is covering a short of the Act 6 in particular, in that it is Commission, and all written position or liquidating a long position. designed to prevent fraudulent and communications relating to the Before crossing block orders at a manipulative acts and practices, to proposed rule change between the specified clean-up price outside the promote just and equitable principles of Commission and any person, other than current quotation, NYSE Rules 127(b) trade, to foster cooperation and those that may be withheld from the and 127(c)(2) will require a member coordination with persons engaged in public in accordance with the organization to trade with: (1) the NYSE facilitating transactions in securities, provisions of 5 U.S.C. 552, will be best bid (offer), including all reserve and to remove impediments to and available for inspection and copying in interest at that price and any percentage perfect the mechanism of a free and the Commission’s Public Reference orders elected by the execution at that Room. Copies of such filing also will be open market and a national market price; and (2) all orders in the Display available for inspection and copying at Book system limited to prices better system. the principal office of the Exchange. All than the block clean-up price, including B. Self-Regulatory Organization’s comments received will be posted Floor Brokers’ e-Quotes and any Statement on Burden on Competition without change; the Commission does percentage orders elected by the The Exchange does not believe that not edit personal identifying execution, at a price that is the the proposed rule change will impose information from submissions. You minimum variation better than the block any burden on competition that is not should submit only information that clean-up price. Under NYSE Rule necessary or appropriate in furtherance you wish to make publicly available. All 127(b)(ii), the block will be entitled to of the purposes of the Act. submissions should refer to File priority at the clean-up price, and under Number SR–NYSE–2006–73 and should NYSE Rule 127(c)(2), the member C. Self-Regulatory Organization’s be submitted on or before December 28, organization will not be required to fill Statement on Comments on the 2006. at the clean-up price orders limited to Proposed Rule Change Received From the clean-up price. Members, Participants, or Others IV. Commission’s Findings and Order In a block transaction where all or any Granting Accelerated Approval of the portion of a block is for a member The Exchange has neither solicited Proposed Rule Change, as Amended nor received written comments on the organization’s own account and all or proposed rule change. The Commission finds that the any portion of the block will establish proposed rule change, as amended, is or increase the member organization’s III. Solicitation of Comments consistent with the requirements of the position, NYSE Rule 127(c)(1) will Interested persons are invited to Act and the rules and regulations require the member organization to submit written data, views, and thereunder applicable to a national trade with the NYSE best bid (offer), arguments concerning the foregoing, securities exchange.7 In particular, the including all reserve interest at that including whether the proposed rule Commission finds that the proposed price and any percentage orders elected change, as amended, is consistent with rule change, as amended, is consistent by that execution at the bid (offer) price, the Act. Comments may be submitted by with the requirements of Section 6(b)(5) before crossing the block orders at the any of the following methods: of the Act,8 which requires, among other specified clean-up price. The member things, that the rules of a national organization must fill at the clean-up Electronic Comments securities exchange be designed to price orders limited to the clean-up • Use the Commission’s Internet prevent fraudulent and manipulative price or better before the member comment form (http://www.sec.gov/ acts and practices, to promote just and organization may retain any amount for rules/sro.shtml); or equitable principles of trade, to remove its own account. The requirements of • Send an e-mail to rule- impediments to and perfect the NYSE Rule 76 will not apply to [email protected]. Please include File mechanism of a free and open market executions made in accordance with Number SR–NYSE–2006–73 on the and a national market system and, in NYSE Rule 127.10 subject line. general, to protect investors and the The Commission finds that the public interest. proposal is consistent with Section Paper Comments The proposal revises the procedures 6(b)(5) because it is designed to permit • Send paper comments in triplicate under NYSE Rule 127 for crossing the execution of block crosses outside to Nancy M. Morris, Secretary, block-sized orders outside the the prevailing NYSE quotation while Securities and Exchange Commission, prevailing NYSE quotation.9 Under the protecting certain existing interest on Station Place, 100 F Street, NE, proposal, NYSE Rule 127(b) will govern the NYSE. In this regard, NYSE Rule Washington, DC 20549–1090. block cross transactions where the 127(b) will require a member All submissions should refer to File member organization represents as agent organization, before effecting an agency- Number SR–NYSE–2006–73. This file orders on both sides of the block. NYSE only block cross outside the current number should be included on the NYSE quotation, to trade with the NYSE subject line if e-mail is used. To help the 7 In approving this proposal, the Commission has best bid (offer), including reserve size considered the proposal’s impact on efficiency, and percentage orders elected by the Commission process and review your competition, and capital formation. 15 U.S.C. 78c(f). comments more efficiently, please use 8 15 U.S.C. 78f(b)(5). execution, at the bid (offer) price, and to only one method. The Commission will 9 For purposes of NYSE Rule 127, a block is at trade with all orders in the Display Book post all comments on the Commission’s least 10,000 shares or a quantity of stock having a system limited to prices better than the Internet Web site (http://www.sec.gov/ market value of $200,000 or more, whichever is block clean-up price, including Floor less, that a member organization acquires on its own behalf and/or for others from one or more Brokers’ e-Quotes and percentage orders 5 15 U.S.C. 78f(b). buyers or sellers in a single transaction. See NYSE 6 15 U.S.C. 78f(b)(5). Rule 127, Supplementary Material .01. 10 See NYSE Rule 127(e).

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elected by the execution, at a price that Accordingly, the Commission finds II. Self-Regulatory Organization’s is the minimum variation better than the good cause, consistent with Section Statement of the Purpose of, and block clean-up price. NYSE Rule 6(b)(5) and 19(b)(2) of the Act, to Statutory Basis for, the Proposed Rule 127(c)(2) provides the same approve the proposal, as amended, on Change requirements for a block transaction an accelerated basis. In its filing with the Commission, the where all or part of one side of a block It is therefore ordered, pursuant to NYSE included statements concerning transaction is for a member Section 19(b)(2) of the Act, that the the purpose of and basis for the organization’s own account and the proposed rule change (SR–NYSE–2006– proposed rule change and discussed any member organization is covering a short 73), as amended, is approved on an comments it received on the proposed position or liquidating a long position. accelerated basis. rule change. The text of these statements Similarly, NYSE Rule 127(c)(1) requires For the Commission, by the Division of may be examined at the places specified a member organization that engages in Market Regulation, pursuant to delegated in Item IV below. The NYSE has a block transaction that will establish or authority.13 prepared summaries, set forth in increase the member organization’s Florence E. Harmon, sections A, B, and C below, of the most position to trade with the NYSE best bid Deputy Secretary. significant aspects of these statements.3 (offer), including all reserve interest and percentage orders elected by the [FR Doc. E6–20716 Filed 12–6–06; 8:45 am] A. Self-Regulatory Organization’s execution, at that price before crossing BILLING CODE 8011–01–P Statement of the Purpose of, and the orders, and to fill at the clean-up Statutory Basis for, the Proposed Rule price orders limited to the clean-up Change SECURITIES AND EXCHANGE price or better before retaining any COMMISSION 1. Purpose amount for its own account. The Commission finds that the [Release No. 34–54818; File No. SR–NYSE– Currently, NYSE’s Rule 180 provides proposal to replace references to 2006–57] that if securities are not delivered ‘‘member’’ with references to ‘‘member within the required time frame, the organization’’ throughout NYSE Rule Self-Regulatory Organizations; New party who fails to deliver is liable for 127 is consistent with Section 6(b)(5) of York Stock Exchange LLC; Notice of any resulting damages. Rule 180 also the Act because it will provide Filing of Proposed Rule Change requires that claims for damages must consistency in the text of the rule. Amending Rule 180 To Require be made promptly. It is industry The Commission finds good cause for Member Organizations To Use the practice when one party is owed and approving the proposed rule change, as Automated Liability Notification has not received securities that are the amended, prior to the thirtieth day after System of a Registered Clearing subject of a voluntary corporate action the date of publication of notice of filing Agency for the owed party to send to the failing thereof in the Federal Register. As counterparty a notice of the liability that described more fully above, the November 27, 2006. will be attendant with the failure to proposal revises the NYSE’s procedures Pursuant to Section 19(b)(1) of the delver the securities in time for the for executing block crosses outside the Securities Exchange Act of 1934 owed party to participate in the 1 prevailing NYSE quotation while (‘‘Act’’), notice is hereby given that on voluntary corporate action. protecting certain existing interest on August 3, 2006, the New York Stock It is also customary in the industry for the NYSE. In addition, the changes to Exchange LLC (‘‘NYSE’’) filed with the the failing counterparty that receives a NYSE Rule 127 proposed in the NYSE’s Securities and Exchange Commission liability notification either to reject the initial filing have been in effect on a (‘‘Commission’’) and on November 15, notice, to deliver the securities that are pilot basis since October 6, 2006.11 The 2006, amended the proposed rule the subject of the liability notification, Commission did not receive any change described in Items I, II, and III or to convert or exchange the securities comments regarding the proposed below, which items have been prepared to the corresponding corporate actions changes to NYSE Rule 127 during the primarily by the NYSE.2 The proceeds and deliver the proceeds. operation of the pilot. The NYSE Commission is publishing this notice to Liability notifications are usually sent received no comments regarding the solicit comments on the proposed rule by fax directly to the responsible failing substantive operation of the proposed change from interested parties. counterparty or to its designees. block crossing procedures during the I. Self-Regulatory Organization’s Failing counterparties are subjected to pilot period, although some members Statement of the Terms of Substance of potential liability by their failure to urged the NYSE to explore ways to the Proposed Rule Change respond to liability notifications. Failure enhance the efficiency of the process.12 to respond typically occurs because of The NYSE proposes to amend Rule processing errors, such as overlooking 11 See Securities Exchange Act Release Nos. 180 to mandate that NYSE member the faxed liability notification or not 54578 (October 5, 2006), 71 FR 60216 (October 12, organizations utilize the automated receiving it all, and because of the 2006), (File No. SR–NYSE–2006–82) (order granting liability notification system of a clearing overall lack of centralized control over accelerated approval to put certain changes into agency registered pursuant to Section operation on a pilot basis until October 31, 2006); the process. There is currently no and 54675 (October 31, 2006), 71 FR 65019 17A of the Exchange Act when issuing uniform method of notifying and (November 6, 2006) (File No. SR–NYSE–2006–96) liability notifications in connection with confirming the transmission and receipt (extending the pilot program through November 30, certain securities transactions. 2006). Amendment No. 3 revised the initial of liability notifications. proposal to: (1) clarify the execution of block cross In response to a need for a reliable transactions in which all or part of one side of the NYSE, and Yvonne Fraticelli, Special Counsel, and uniform method of transmitting block is for a member organization’s own account; Division of Market Regulation, Commission, on liability notifications, The Depository November 28, 2006. (2) clarify that the requirements of NYSE Rule 76 Trust Company (‘‘DTC’’) developed the will not apply to executions made in accordance 13 17 CFR 200.30–3(a)(12). with NYSE Rule 127; and (3) correct errors in the 1 15 U.S.C. 78s(b)(1). SMART/Track for Corporate Action text of NYSE Rule 127. 2 The exact text of the NYSE’s proposed rule 12 Telephone conversation between Deanna change is set forth in its filing, which can be found 3 The Commission has modified portions of the Logan, Director, Office of the General Counsel, at http://www.nyse.com. text of the summaries prepared by the NYSE.

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Liability Notification Service (SMART/ 2. Statutory Basis arguments concerning the foregoing, Track’’), a web-based system for the The statutory basis under the Act for including whether the proposed rule communication of liability notifications this proposed rule change is the change is consistent with the Act. that is currently available to all DTC requirement under Section 6(b)(5) of the Comments may be submitted by any of participants. SMART/Track allows DTC Act, which requires, among other the following methods: participants to easily create, send, things, that the rules of an exchange are Electronic Comments process, and track corporate action designed to prevent fraudulent and • Use the Commission’s Internet liability notifications. Email manipulative acts and practices, to comment form (http://www.sec.gov/ notifications are automatically promote just and equitable principles of generated when liability notifications or rules/sro.shtml) or trade, to foster cooperation and • Send an e-mail to rule- replies to liability notifications are sent. coordination with persons engaged in SMART/Track helps reduce the risks, [email protected]. Please include File regulating, clearing, settling, processing Number SR–NYSE–2006–57 in the costs, and delays resulting from the information with respect to, and processing errors and missing or subject line. facilitating transactions in securities, to inaccurate information frequently remove impediments to perfect the Paper Comments occurring with corporate action liability mechanism of a free and open market • notifications. It also provides Send paper comments in triplicate and a national market system, and, in participants with (1) more timely receipt to Nancy M. Morris, Secretary, general, to protect investors and the and distribution of corporate action Securities and Exchange Commission, public interest.5 liability notifications; (2) a centralized 100 F Street, NE., Washington, DC system to manage and control all B. Self-Regulatory Organization’s 20549–1090. liability notifications on all issues; (3) Statement on Burden on Competition All submissions should refer to File immediate identification of the security The NYSE does not believe that the Number SR–NYSE–2006–57. This file affected by a corporate action liability proposed rule change will impose any number should be included on the notification; and (4) detailed disclosure burden on competition that is not subject line if e-mail is used. To help the and clearer understanding of terms and necessary or appropriate in furtherance Commission process and review your conditions. of the purposes of the Act. comments more efficiently, please use In response to a petition from the only one method. The Commission will Corporate Actions Division of the C. Self-Regulatory Organization’s post all comments on the Commission’s Securities Industry Association urging Statement on Comments on the Internet Web site (http://www.sec.gov/ NYSE to adopt a rule that would Proposed Rule Change Received From rules/sro.shtml). Copies of the mandate the use of a system that would Members, Participants, or Others submission, all subsequent make uniform the method by which The NYSE has neither solicited nor amendments, all written statements liability notifications are sent and received written comments on the with respect to the proposed rule received, NYSE is proposing to amend proposed rule change. The NYSE is change that are filed with the Rule 180. As amended, Rule 180 making the proposed rule change in part Commission, and all written clarifies that if securities that were to be as a response to a petition from the communications relating to the delivered pursuant to the rules of a Corporate Actions Dvision of the proposed rule change between the registered clearing agency are not so Securities Industry Association that the Commission and any person, other than delivered, the contract may be closed as NYSE amend its rules to mandate that those that may be withheld from the provided by the rules of that clearing member organizatins use the SMART/ public in accordance with the agency. If the contracts are not so closed Track system. provisions of 5 U.S.C. 552, will be or if there is a failure to deliver available for inspection and copying in securities which are to be delivered III. Date of Effectiveness of the the Commission’s Public Reference pursuant to NYSE Rule 176 or 177 and Proposed Rule Change and Timing for Section, 100 F Street, NE., Washington, in the absence of any notice or Commission Action DC 20549. Copies of such filings also agreement, the contract shall continue Within thirty-five days of the date of will be available for inspection and without interest until the following publication of this notice in the Federal copying at the principal office of the business day. However, in every such Register or within such longer period: NYSE and on the NYSE’s Web site, case of non-delivery, the party not (i) As the Commission may designate up http://www.nyse.com. All comments delivering the securities shall be liable to ninety days of such date if it finds received will be posted without change; for any damages which accrue thereby. such longer period to be appropriate the Commission does not edit personal Proposed Rule 180 is also being and publishes its reasons for so finding identifying information from amended to require that when the or (ii) as to which the self-regulatory submissions. You should submit only parties to a failed contract are both organization consents, the Commission information that you wish to make participants in a registered clearing will: available publicly. All submissions agency that has an automated service for (A) By order approve such proposed should refer to File Number SR–NYSE– notifying a failing party of the liability rule change or 2006–57 and should be submitted on or that will be attendant to a failure to (B) Institute proceedings to determine before December 28, 2006. deliver and the contract was to be whether the proposed rule change settled through the facilities of that For the Commission by the Division of should be disapproved. Market Regulation, pursuant to delegated registered clearing agency, the authority.6 transmission of the liability notification IV. Solicitation of Comments Nancy M. Morris, must be accomplished through the use Interested persons are invited to Secretary. of the registered clearing agency’s submit written data, views, and automated liability notification system.4 [FR Doc. E6–20727 Filed 12–6–06; 8:45 am] service. At present, approximately 155 DTC BILLING CODE 8011–01–P 4 Currently DTC is the only registered clearing participants are voluntarily using SMART/Track. agency operating an automated liability notification 5 15 U.S.C. 78f(b)(5). 6 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s stated. The Exchange has, heretofore by COMMISSION Statement of the Purpose of, and interpretation, required such Statutory Basis for, the Proposed Rule submission prior to CEO certification. Change [Release No. 34–54847; File No. SR–NYSE– Rule 354 2006–97] 1. Purpose Subsection (a) of Rule 354 requires, in Self-Regulatory Organizations; New The Exchange is filing with the relevant part, that each member York Stock Exchange LLC; Notice of Commission a proposed rule change organization submit, by April 1st of Filing of Proposed Rule Change to that would amend Rule 342.30 to each year, a copy of the Rule 342.30 NYSE Rule 342.30 require that the report required pursuant Annual Report (also due to the to Rule 342.30(e)(iii) (herein referred to Exchange by April 1st) to one or more November 30, 2006. as the ‘‘process report’’) in connection of its control persons or, if the member with a member organization’s CEO organization has no control person, to Pursuant to Section 19(b)(1) 1 of the certification be submitted to the member the audit committee of its board of Securities Exchange Act of 1934 organization’s board of directors and directors or its equivalent committee or (‘‘Act’’),2 and Rule 19b–4 thereunder, audit committee (if such committee group. notice is hereby given that on October exists) on or before April 1st of each In order to better harmonize the 26, 2006, the New York Stock Exchange year. The purpose of the rule change is process report submission requirements LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with to better harmonize the requirements of of Rule 342.30(e)(iii) with the Annual the Securities and Exchange Rule 342.30 with those of NYSE Rule Report submission requirements of Rule Commission (‘‘Commission’’) the 354 (‘‘Reports to Control Persons’’). 354(a), it is proposed that Rule proposed amendments to its Rule Background 342.30(e)(iii) be amended to require 342.30, as described in Items I, II and III each member organization to submit the below, which items have been prepared Rule 342.30 process report to its board of directors by the Exchange. The Commission is Rule 342.30 requires each member and audit committee (if such committee publishing this notice to solicit organization to file with the Exchange, exists) on or before April 1st of each comments on the proposed rule change by April 1st of each year, a report (the year, consistent with the timing from interested persons. ‘‘Annual Report’’) outlining its requirements of Rule 354(a) with respect to submission of the Annual Report. I. Self-Regulatory Organization’s supervision and compliance efforts in This would promote timely submission Statement of the Terms of Substance of prescribed regulatory areas during the preceding year and assessing the of the process report to the board of the Proposed Rule Change adequacy of its ongoing compliance directors and audit committee, while The NYSE is filing with the processes and procedures. The Annual serving the practical purpose of Commission a proposed rule change Report submitted to the Exchange is also allowing member organizations to that would amend Rule 342.30 required to include, pursuant to Rule submit it together with the Annual (‘‘Annual Report and Certification’’) to 342.30(e), a certification by the CEO of Report so that it may be reviewed as a single comprehensive package. require submission of the process report each member organization confirming prepared in connection with the Chief that the member organization has in 2. Statutory Basis Executive Officer (‘‘CEO’’) certification, place processes to: (A) Establish and maintain policies The Exchange believes that the as required under Rule 342.30(e)(iii), to and procedures reasonably designed to proposed rule change is consistent with the Board of Directors and Audit achieve compliance with applicable Section 6(b)(5) 3 of the Act which Committee (if such committee exists) of Exchange rules and federal securities requires NYSE to have rules that are the member organization on or before laws and regulations; designed to prevent fraudulent and April 1st of each year. (B) Modify such policies and manipulative acts and practices, to II. Self-Regulatory Organization’s procedures as business, regulatory and promote just and equitable principles of Statement of the Purpose of, and legislative changes and events dictate; trade, to remove impediments to, and Statutory Basis for, the Proposed Rule and perfect the mechanism of a free and Change (C) Test the effectiveness of such open market and, in general, to protect policies and procedures on a periodic investors and the public interest. In this In its filing with the Commission, the basis, the timing and extent of which is regard, the proposed rule change Exchange included statements reasonably designed to ensure promotes timely submission of concerning the purpose of and basis for continuing compliance with Exchange substantive regulatory material to the proposed rule change and discussed and federal securities laws and member organizations’ governing bodies any comments it received on the regulations. by better coordinating the requirements proposed rule change. The text of the Subsection (e)(iii) of Rule 342.30 of Rule 342.30(e)(iii) (Process Report) proposed rule change is available on the requires that the above-stated processes and Rule 354(a) (Submission of Annual NYSE’s Web site (www.NYSE.com), at be evidenced in a process report that is Report to Control Persons). the NYSE’s principal office, and at the to be reviewed by the CEO, the Chief B. Self-Regulatory Organization’s Commission’s Public Reference Room. Compliance Officer, and such other Statement on Burden on Competition officers as the organization may deem The Exchange has prepared summaries, necessary to make the certification. The Exchange does not believe that set forth in Sections A, B and C below, Subsection (e)(iii) also requires that the the proposed rule change will impose of the most significant aspects of such process report be submitted to the any burden on competition that is not statements. member organization’s board of necessary or appropriate in furtherance directors and audit committee (if such of the purposes of the Act. 1 15 U.S.C. 78s(b)(1). committee exists), although the timing 2 15 U.S.C. 78a. of such submission is not explicitly 3 15 U.S.C. 78f(b)(5).

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C. Self-Regulatory Organization’s Commission and any person, other than agency under Section 17A of the Act Statement on Comments on the those that may be withheld from the starting on January 1, 2007. Proposed Rule Change Received From public in accordance with the II. Self-Regulatory Organization’s Members, Participants, or Others provisions of 5 U.S.C. 552, will be Statement of the Purpose of, and available for inspection and copying in The Exchange has neither solicited Statutory Basis for, the Proposed Rule the Commission’s Public Reference nor received written comments on the Change proposed rule change. Room. Copies of such filing also will be available for inspection and copying at In its filing with the Commission, III. Date of Effectiveness of the the principal office of the NYSE. All Phlx included statements concerning Proposed Rule Change and Timing for comments received will be posted the purpose of and basis for the Commission Action without change; the Commission does proposed rule change and discussed any comments it received on the proposed Within 35 days of the date of not edit personal identifying rule change. The text of these statements publication of this notice in the Federal information from submissions. You may be examined at the places specified Register or within such longer period (i) should submit only information that in Item IV below. Phlx has prepared as the Commission may designate up to you wish to make available publicly. All summaries, set forth in sections (A), (B), 90 days of such date if it finds such submissions should refer to File and (C) below, of the most significant longer period to be appropriate and Number SR–NYSE–2006–97 and should aspects of these statements.3 publishes its reasons for so finding or be submitted on or before December 28, (ii) as to which the self-regulatory 2006. (A) Self-Regulatory Organization’s organization consents, the Commission For the Commission, by the Division of Statement of the Purpose of, and will: Market Regulation, pursuant to delegated Statutory Basis for, the Proposed Rule a. By order approve the proposed rule authority.4 Change change, or Florence E. Harmon, (1) Purpose b. Institute proceedings to determine Deputy Secretary. whether the proposed rule change [FR Doc. E6–20733 Filed 12–6–06; 8:45 am] The purpose of proposed new Phlx 4 should be disapproved. BILLING CODE 8011–01–P Rule 868 is to reduce the cots, risks, and delays associated with the physical IV. Solicitation of Comments delivery of securities certificates by Interested persons are invited to SECURITIES AND EXCHANGE requiring that certain securities be submit written data, views, and COMMISSION eligible for DRS.5 Proposed Rule 868 arguments concerning the foregoing, would require that on or after January 1, including whether the proposed rule [Release No. 34–54834; File No. SR–Phlx– 2007, all securities initially listing on change is consistent with the Act. 2006–69] Phlx must be eligible for DRS operated Comments may be submitted by any of by a securities depository that is a Self-Regulatory Organizations; the following methods: clearing agency registered under Section Philadelphia Stock Exchange, Inc.; 17A of the Act (‘‘securities depository’’). Electronic Comments Notice of Filing of Proposed Rule This provision would not extend to (i) Change Relating to a Direct • Use the Commission’s Internet securities of companies which already Registration System comment form (http://www.sec.gov/ have securities listed on Phlx; (ii) rules/sro.shtml); or November 29, 2006. securities of companies which • Send an e-mail to rule- Pursuant to Section 19(b)(1) of the immediately prior to such listing had [email protected]. Please include File Securities Exchange Act of 1934 securities listed on another national Number SR–NYSE–2006–97 on the (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 securities exchange; (iii) derivative subject line. notice is hereby given that on October products,6 or (iv) securities (other than Paper Comments 31, 2006, the Philadelphia Stock stocks) which are book-entry-only. • Exchange, Inc. (‘‘Phlx’’) filed with the Send paper comments in triplicate Securities and Exchange Commission 3 The Commission has modified portions of the to Nancy M. Morris, Secretary, text of the summaries prepared by the Phlx. (‘‘Commission’’) and on November 14, 4 The exact text of the Phlx proposed rule change Securities and Exchange Commission, 2006, amended the proposed rule 100 F Street, NE., Washington, DC is set forth in its filing, which can be found at change described in Items I, II, and III http://www.phlx.com/exchange/rulefilngs/2006/S- 20549–1090. below, which items have been prepared 2006-69.pdf. All submissions should refer to File primarily by Phlx. The Commission is 5 The Commission has approved similar rule Number SR–NYSE–2006–97. This file changes filed by the New York Stock Exchange LLC, publishing this notice to solicit NASDAQ Stock Market LLC, the American Stock number should be included on the comments on the proposed rule change Exchange LLC, and the NYSE Arca, Inc. that require subject line if e-mail is used. To help the from interested parties. certain listed companies securities become DRS Commission process and review your eligible. Securities Exchange Act Release Nos. comments more efficiently, please use I. Self-Regulatory Organization’s 54289 (August 8, 2006), 71 FR 47278 (August 16, Statement of the Terms of Substance of 2006) [File No. SR–NYSE–2006–29]; 54288 (August only one method. The Commission will 8, 2006), 71 FR 47276 (August 16, 2006) [File No. post all comments on the Commission’s the Proposed Rule Change SR–NASDAQ–2006–008]; 54290 (August 8, 2006), Internet Web site (http://www.sec.gov/ Phlx proposes to adopt new Rule 868 71 FR 47262 (August 16, 2006) [File No. SR–Amex– rules/sro.shtml). Copies of the 2006–40]; 54410 (September 7, 2006), 71 FR 54316 to require certain listed securities to be (September 14, 2006) [File No. SR–NYSE Arca– submission, all subsequent eligible for a Direct Registration System 2006–31]. amendments, all written statements (‘‘DRS’’) operated by a securities 6 For purposes of proposed Rule 868, the term with respect to the proposed rule depository registered as a clearing ‘‘derivative products’’ means standardized options change that are filed with the issued by The Options Clearing Corporation (‘‘OCC’’) or other securities that are issued by OCC Commission, and all written 4 17 CFR 200.30–3(a)(12). or another limited purpose entity or trust and that communications relating to the 1 15 U.S.C. 78s(b)(1). are based solely on the performance of an index or proposed rule change between the 2 17 CFR 240.19b–4. Continued

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Proposed Rule 868 would also require have a transfer agent which is a DRS (C) Self-Regulatory Organization’s that on or after January 1, 2008, all Limited Participant at DTC.9 Transfer Statement on Comments on the securities listed on the Phlx must be agents will need to meet certain DTC Proposed Rule Change Received From eligible for DRS operated by a securities criteria, such as insurance and Members, Participants, or Others depository. This provision would not connectivity requirements, in order to Phlx has neither solicited nor extend to derivative products or become a DRS Limited Participant. received written comments on the securities (other than stocks) that are Further, issuers may need to amend proposed rule change. book-entry-only. their corporate documents, such as their Securities certificates are used by by-laws or charter, in order to permit III. Date of Effectiveness of the issuers as a means to evidence and the issuance of book-entry shares. Phlx Proposed Rule Change and Timing for transfer ownership. Because securities believes that the proposed deadlines for Commission Action certificates require manual processing, DRS eligibility coupled with instructive Within thirty-five days of the date of significant delays, expenses, and risks communication by Phlx to issuers, will publication of this notice in the Federal associated with lost, stolen, and forged allow issuers sufficient time to make the Register or within such longer period: certificates are attendant in processing necessary changes to comply with the (i) as the Commission may designate up securities transactions involving proposed rule change. to ninety days of such date if it finds securities certificates. In Section 17A of While the proposed rule change such longer period to be appropriate the Act, Congress recognized these should significantly reduce the number and publishes its reasons for so finding concerns by calling for the of transactions in securities for which or (ii) as to which the self-regulatory establishment of a national system for settlement is effected by the physical organization consents, the Commission the prompt and accurate clearance and delivery of securities certificates, the will: settlement of securities transactions, (A) By order approve such proposed including the transfer of record propose rule change will not eliminate the ability of investors to obtain rule change or ownership and the safeguarding of (B) Institute proceedings to determine securities.7 securities certificates provided the issuer chooses to issue or continue to whether the proposed rule change DRS allows an investor to establish, should be disapproved. either through an issuer’s transfer agent issue certificates. or through the investor’s broker-dealer, (2) Statutory Basis IV. Solicitation of Comments a book-entry position in a security and Interested persons are invited to to electronically transfer that position Phlx believes the proposed rule submit written data, views, and between the transfer agent and the change is consistent with the arguments concerning the foregoing, investor’s broker-dealer of the investor’s requirements of the Act and the rules including whether the proposed rule choice through a facility currently and regulations thereunder that are change is consistent with the Act. administered by The Depository Trust applicable to a national securities Comments may be submitted by any of Company (‘‘DTC’’).8 By using DRS, exchange. In particular, the proposed the following methods: investors receive a DRS statement as rule change is consistent with Section evidence of share ownership instead of 6(b)(5) of the Act because it would Electronic Comments a securities certificate. Investors retain promote just and equitable principles of • Use the Commission’s Internet all the rights associated with securities trade, foster cooperation and comment form (http://www.sec.gov/ certificates, including such rights as coordination with persons engaged in rules/sro.shtml) or control of ownership and voting rights, regulating, clearing, settling, processing • Send an e-mail to rule- without having the responsibility of information with respect to, and [email protected]. Please include File holding and safeguarding securities facilitating transactions in securities, to Number SR–Phlx–2006–69 in the certificates. In addition, in corporate remove impediments to perfect the subject line. actions such as reverse stock splits and mechanism of a free and open market mergers, cancellation of old securities and a national market system, and, in Paper Comments positions and issuance of new securities general, to protect investors and the • Send paper comments in triplicate positions is handled electronically with public interest by confirming that to Nancy M. Morris, Secretary, no securities certificates to be returned certain Phlx’s issuers would be required Securities and Exchange Commission, to or received from transfer agents. to make their securities eligible for a 100 F Street, NE., Washington, DC Issuers and their transfer agents may DRS operated by a securities 20549–1090. incur initial costs when making an issue depository.10 All submissions should refer to File DRS-eligible as required by this Number SR–Phlx–2006–69. This file (B) Self-Regulatory Organization’s proposed rule change. In order to make number should be included on the Statement on Burden on Competition a security DRS-eligible, the issuer must subject line if e-mail is used. To help the Commission process and review your portfolio of other publicly traded securities. The Phlx does not believe that the term ‘‘derivative product’’ does not include proposed rule change will impose any comments more efficiently, please use warrants of any type or closed-end management burden on competition that is not only one method. The Commission will investment companies. necessary or appropriate in furtherance post all comments on the Commission’s 7 15 U.S.C. 78q–1 of the purposes of the Act. Internet Web site (http://www.sec.gov/ 8 Currently, the only registered clearing agency rules/sro.shtml). Copies of the operating a DRS is DTC. For a description of DRS and the DRS facilities administered by DTC, see 9 DTC’s rules require that a transfer agent submission, all subsequent Securities Exchange Act Release Nos. 37931 (including an issuer acting as its own transfer agent) amendments, all written statements (November 7, 1996), 61 FR 58600 (November 15, acting for a company issuing securities in DRS must with respect to the proposed rule 1996), [File No. SR–DTC–96–15] (order granting be a DRS Limited Participant. Securities Exchange change that are filed with the approval to establish DRS) and 41862 (September Act Release No. 37931 (November 7, 1996), 61 FR 10, 1999), 64 FR 51162 (September 21, 1999), [File 58600 (November 15, 1996), [File No. SR–DTC–96– Commission, and all written No. SR–DTC–99–16] (order approving 15]. communications relating to the implementation of the Profile Modification System). 10 15 U.S.C. 78f(b)(5). proposed rule change between the

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Commission and any person, other than filed at the address listed above or other FOR FURTHER INFORMATION CONTACT: A. those that may be withheld from the locally announced locations. Escobar, Office of Disaster Assistance, public in accordance with the The following areas have been U.S. Small Business Administration, provisions of 5 U.S.C. 552, will be determined to be adversely affected by 409 3rd Street, SW., Suite 6050, available for inspection and copying in the disaster: Washington, DC 20416. the Commission’s Public Reference Primary Counties: SUPPLEMENTARY INFORMATION: Notice is Section, 100 F Street, NE., Washington, Montgomery. hereby given that as a result of the DC 20549. Copies of such filings also Contiguous Counties: Alabama Administrator’s disaster declaration, will be available for inspection and Autauga, Bullock, Crenshaw, Elmore, applications for disaster loans may be copying at the principal office of Phlx Lowndes, Macon, Pike. filed at the address listed above or other and on Phlx’s Web site, http:// The Interest Rates are: locally announced locations. www.phlx.com. All comments received The following areas have been will be posted without change; the Percent determined to be adversely affected by Commission does not edit personal the disaster: identifying information from Homeowners With Credit Avail- Primary County: Essex. submissions. You should submit only able Elsewhere ...... 6.000 Contiguous Counties: Homeowners Without Credit information that you wish to make Massachusetts: Middlesex, Suffolk. available publicly. All submissions Available Elsewhere ...... 3.000 Businesses With Credit Available New Hampshire: Hillsborough, should refer to File Number SR–Phlx– Elsewhere ...... 8.000 Rockingham. 2006–69 and should be submitted on or Businesses & Small Agricultural The Interest Rates are: before December 28, 2006. Cooperatives Without Credit Homeowners With Credit Available For the Commission by the Division of Available Elsewhere ...... 4.000 Elsewhere: 6.000. Market Regulation, pursuant to delegated Other (Including Non-Profit Orga- Homeowners Without Credit authority.11 nizations) With Credit Available Available Elsewhere: 3.000. Nancy M. Morris, Elsewhere ...... 5.250 Businesses With Credit Available Businesses And Non-Profit Orga- Secretary. nizations Without Credit Avail- Elsewhere: 8.000. [FR Doc. E6–20726 Filed 12–6–06; 8:45 am] able Elsewhere ...... 4.000 Businesses and Small Agricultural BILLING CODE 8011–01–P Cooperatives Without Credit Available The number assigned to this disaster Elsewhere: 4.000. for physical damage is 10741 C and for Other (Including Non-Profit Organizations) With Credit Available SMALL BUSINESS ADMINISTRATION economic injury is 10742 0. The State which received an EIDL Elsewhere: 5.250. [Disaster Declaration # 10741 and # 10742] Declaration # is Alabama. Businesses And Non-Profit Organizations Without Credit Available Alabama Disaster # AL–00006 (Catalog of Federal Domestic Assistance Elsewhere: 4.000. Numbers 59002 and 59008) The number assigned to this disaster AGENCY: U.S. Small Business Dated: November 29, 2006. for physical damage is 10743 4 and for Administration. Steven C. Preston, economic injury is 10744 0. ACTION: Notice. Administrator. The Commonwealth and State which received an EIDL Declaration # are SUMMARY: This is a notice of an [FR Doc. E6–20758 Filed 12–6–06; 8:45 am] Massachusetts, New Hampshire. Administrative declaration of a disaster BILLING CODE 8025–01–P for the State of Alabama dated 11/29/ (Catalog of Federal Domestic Assistance 2006. Numbers 59002 and 59008) SMALL BUSINESS ADMINISTRATION Incident: Severe Storms and Dated: November 29, 2006. Tornadoes. [Disaster Declaration #10743 and #10744] Steven C. Preston, Incident Period: 11/16/2006. Administrator. Massachusetts Disaster #MA–00008 Effective Date: 11/29/2006. [FR Doc. E6–20759 Filed 12–6–06; 8:45 am] Physical Loan Application Deadline AGENCY: U.S. Small Business BILLING CODE 8025–01–P Date: 01/29/2007. Administration. Economic Injury (Eidl) Loan ACTION: Application Deadline Date: 08/29/2007. Notice. DEPARTMENT OF STATE ADDRESSES: Submit completed loan SUMMARY: This is a notice of an applications to: U.S. Small Business Administrative declaration of a disaster [Public Notice 5625] Administration, Processing And for the Commonwealth of Massachusetts Disbursement Center, 14925 Kingsport dated 11/29/2006. Notice of Proposal to Extend the Road, Fort Worth, TX 76155. Incident: Explosion and Fires. Memorandum of Understanding Between the Government of the United FOR FURTHER INFORMATION CONTACT: A. Incident Period: 11/22/2006. States of America and the Government Escobar, Office of Disaster Assistance, Effective Date: 11/29/2006. of the Republic of Cyprus Concerning U.S. Small Business Administration, Physical Loan Application Deadline the Imposition of Import Restrictions 409 3rd Street, SW., Suite 6050, Date: 01/29/2007. on Pre-Classical and Classical Washington, DC 20416. Economic Injury (Eidl) Loan Application Deadline Date: 08/29/2007. Archaeological Objects and Byzantine SUPPLEMENTARY INFORMATION: Notice is Period Ecclesiastical and Ritual hereby given that as a result of the ADDRESSES: Submit completed loan Ethnological Materials Administrator’s disaster declaration, applications to: U.S. Small Business applications for disaster loans may be Administration, Processing and The Government of the Republic of Disbursement Center, 14925 Kingsport Cyprus has informed the Government of 11 17 CFR 200.30–3(a)(12). Road, Fort Worth, TX 76155. the United States of its interest in an

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extension of the Memorandum of Cultural Affairs, and pursuant to the five American undergraduate students Understanding between the Government requirement under 19 U.S.C. 2602(f)(1), who will participate alongside their of the United States of America and the an extension of this Memorandum of international peers. Prospective Government of the Republic of Cyprus Understanding is hereby proposed. applicants may only apply to host one Concerning the Imposition of Import Pursuant to 19 U.S.C. 2602(f)(2), the of the four programs listed under this Restrictions on Pre-Classical and views and recommendations of the competition; host institutions may not Classical Archaeological Objects which Cultural Property Advisory Committee implement more than one Fusion Arts entered into force on July 19, 2002, and regarding this proposal will be Exchange program concurrently. was amended on September 4, 2006, to requested. I. Funding Opportunity Description include the aforementioned Byzantine A copy of this Memorandum of Period materials that had been restricted Understanding, the designated list of Authority: Overall grant making from importation pursuant to prior restricted categories of material, and authority for this program is contained emergency action. related information can be found at the in the Mutual Educational and Cultural Pursuant to the authority vested in the following Web site: http:// Exchange Act of 1961, Public Law 87– Assistant Secretary for Educational and exchanges.state.gov/culprop. 256, as amended, also known as the Cultural Affairs, and pursuant to the Fulbright-Hays Act. The purpose of the Dated: November 28, 2006. Act is ‘‘to enable the Government of the requirement under 19 U.S.C. 2602(f)(1), Dina Habib Powell, an extension of this Memorandum of United States to increase mutual Assistant Secretary for Educational and understanding between the people of Understanding is hereby proposed. Cultural Affairs, Department of State. Pursuant to 19 U.S.C. 2602(f)(2), the the United States and the people of [FR Doc. E6–20792 Filed 12–6–06; 8:45 am] views and recommendations of the other countries * * *; to strengthen the Cultural Property Advisory Committee BILLING CODE 4710–05–P ties which unite us with other nations regarding this proposal will be by demonstrating the educational and cultural interests, developments, and requested. DEPARTMENT OF STATE A copy of this Memorandum of achievements of the people of the Understanding, the designated list of [Public Notice 5634] United States and other nations * * * restricted categories of material, and and thus to assist in the development of related information can be found at the Bureau of Educational and Cultural friendly, sympathetic and peaceful following Web site: http:// Affairs (ECA) Request for Grant relations between the United States and exchanges.state.gov/culprop. Proposals: the other countries of the world.’’ The funding authority for the program above Dated: November 28, 2006. Fusion Arts Exchange programs on: is provided through legislation. Dina Habib Powell, Music Composition and Performance; Purpose: The Fusion Arts Exchange Assistant Secretary for Educational and Digital Media and Computer-Assisted consists of four multinational exchange Cultural Affairs, Department of State. Design; Screenwriting and Film programs, whose purpose is to provide [FR Doc. E6–20791 Filed 12–6–06; 8:45 am] Production; Sports Management outstanding undergraduate students an BILLING CODE 4710–05–P Announcement Type: New intensive, collaborative course on the Cooperative Agreement. latest developments in their respective Funding Opportunity Number: ECA/ fields (music composition and DEPARTMENT OF STATE A/E/USS–07–FAX. performance; digital media and Catalog of Federal Domestic [Public Notice 5624] computer-assisted design; screenwriting Assistance Number: 00.000. and film production; and sports Notice of Proposal To Extend the Key Dates: Application Deadline: management), and in the history and Memorandum of Understanding February 9, 2007. culture of the U.S. as illuminated Between the Government of the United Executive Summary: The Branch for through the lens of their fields. States of America and the Government the Study of the United States, Office of Participants will also learn about careers of the Republic of Peru Concerning the Academic Exchange Programs, Bureau and economic development Imposition of Import Restrictions on of Educational and Cultural Affairs, opportunities for their communities Archaeological Material From the Pre- invites proposal submissions for the related to their field, and have the Hispanic Cultures and Certain design and implementation of four chance to develop on-going Ethnological Material From the Fusion Arts Exchange programs. The collaborations with their fellow Colonial Period of Peru programs will take place over the course participants. of 37 days beginning the second week The Bureau is seeking detailed The Government of the Republic of of July 2007, focused on the themes of proposals for four different Fusion Arts Peru has informed the Government of Music Composition and Performance, Exchange programs from U.S. colleges, the United States of its interest in an Digital Media and Computer-Assisted universities, consortia of colleges and extension of the Memorandum of Design, Screenwriting and Film universities, and other not-for-profit Understanding between the Government Production, and Sports Management, academic organizations that have an of the United States of America and the respectively. These programs should established reputation in a field or Government of the Republic of Peru provide a multinational group of discipline related to the specific Concerning the Imposition of Import outstanding undergraduate students a program themes. Restrictions on Archaeological Material deeper understanding of U.S. society, Overview: Each program should be 37 from the Pre-Hispanic Cultures and culture, values and institutions, and days in length, and should include an Certain Ethnological Material from the should develop their knowledge of and academic residency component and an Colonial Period of Peru, which entered abilities in the above-mentioned educational study tour component. into force on June 9, 1997 and extended professional fields. Each program will The academic residency component on June 9, 2002. host a total of 15 international should run for no less than 25 days and Pursuant to the authority vested in the participants from five Bureau- occur in and around the host Assistant Secretary for Educational and designated countries, as well as three to institution’s facilities. It should include

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professional seminars, workshops, designated participating countries for the separate responsibility of the roundtable discussions, lectures and this program may include: Brazil, India, Department. local site visits. It should also devote Ireland, Mali, South Africa, and the The Fusion Arts Exchange Program time to allow Fusion Arts Exchange United States. One award of up to on Screenwriting and Film Production participants to shadow local $280,000 (not to exceed $14,000 per should provide a multinational group of professionals in their field. participant, including American 18–20 experienced and highly- The educational study tour should participants) will support this program. motivated undergraduates with an run for no less than nine days and This award will not include funds for intensive, collaborative course on should directly complement the participant international travel to and screenwriting within the context of academic residency component. It from the United States, which will be current film production techniques and should consist of travel to sites of the separate responsibility of the standards. The core of the program significance to the professional fields of Department. should consist of an immersive, hands- Fusion Arts Exchange participants, and on, production-oriented screenwriting offer participants an immersive, The Fusion Arts Exchange Program workshop. Participants should have firsthand experience of professional on Digital Media and Computer- access to the highest quality film issues central to their specialization. It Assisted Design should provide a production facilities at the host should include visits to another multinational group of 18–20 institution, and the latest developments geographic region of the country, and experienced and highly-motivated in film production as they relate to access to leading organizations and undergraduates with an intensive, screenwriting should be thoroughly individuals in the program’s field that collaborative course on digital media addressed. The program should also are not locally available. It should also and computer-assisted design. The cover the major topics in film and provide for two to three days in program should cover the major topics television, including production, Washington, DC, at the conclusion of and latest developments in interactive direction, cinematography, sound the program. If appropriate, the digital media, including animation; Web design, and editing, as they relate to educational study tour component may design; print layout and production; screenwriting. Participants should have be interspersed with the residency multimedia-print interfacing; digital ample opportunity to learn from portion of the program. photography production; game academics and working professionals Upon completion of the program, the development; digital media research; about careers and current and potential host institution will also be expected to and new forms of computer-related economic development opportunities provide participants with guidance and expression. The program should be related to the film and television resources for further investigation and designed to provide immersive, hands- industries in the participants’ home research on the topics and issues on training. Participants should have countries. A key component of the examined during the program after they access to the highest quality digital program should be an introductory return home. media facilities at the host institution, course exploring American history, The Fusion Arts Exchange Program and the latest developments in digital values and culture as seen through on Music Composition and Performance media should be thoroughly addressed. American film, which should be should provide a multinational group of The program should also offer integrated into the curriculum for its 18–20 experienced and highly- opportunities to learn from leading entirety and provide a framework for the motivated undergraduates with an digital media academics and exchange experience. Participants intensive, collaborative course on music professionals about careers and current should be given ample opportunity to composition and performance. The core and potential economic development develop on-going collaborations with of the program should consist of their fellow participants. Bureau- opportunities for individual and opportunities related to digital media in the participants’ home countries. A key designated participating countries for collaborative music composition, this program may include countries in component of the program should be an individual musical coaching, Europe, Asia, Africa and the United introductory course exploring American instrument-specific instruction, group States. One award of up to $280,000 (not history, values and culture through lessons, and individual and group to exceed $14,000 per participant, American historical and contemporary performance opportunities. Participants including American participants) will should have access to the highest visual art and communications, support this program. This award will quality music study and performance including fine art, visual advertising, not include funds for participant facilities at the host institution, and the Web-based media, and political cartoons international travel to and from the latest developments in music recording or other art advocating a social United States, which will be the and production should be addressed. A movement or cause, which should be separate responsibility of the key component of the program should integrated into the curriculum for its Department. be an introductory course exploring entirety and provide a framework for the The Fusion Arts Exchange Program American history, values and culture exchange experience. Participants on Sports Management should provide through the lens of American music, should be given ample opportunity to a multinational group of 18–20 which should be integrated into the develop on-going collaborations with experienced and highly-motivated curriculum for its entirety and provide their fellow participants. Bureau- undergraduates with an intensive, a framework for the exchange designated participating countries for collaborative course on the business of experience. Participants should learn this program may include: Argentina, sports management. The program from leading music academics and Japan, Jordan, South Korea, and the should cover the major topics in sports professionals about careers and current United States. One award of up to management, including marketing and potential economic development $280,000 (not to exceed $14,000 per sports properties; sponsorship alliances; opportunities related to music in the participant, including American athlete, owner and fan relations; participants’ home countries. They participants) will support this program. contractual negotiations; media should be given ample opportunity to This award will not include funds for licensing and other forms of licensing; develop on-going collaborations with participant international travel to and women’s sports development; and the their fellow participants. Bureau- from the United States, which will be economic and legal aspects of sports

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management. Participants should have assigned to oversee all participant select a balanced mix of male and ample opportunity to learn from support services, including close female participants. academics and working professionals oversight of the program participants, Program Dates: Proposed programs about careers and current and potential and budgetary, logistical, and other should be a maximum of 37 days in economic development opportunities administrative arrangements. The length (including participant arrival and related to the sports management administrative director or coordinator departure days) and should begin profession in the participants’ home should be the Bureau’s primary point of during the second week of July 2007. countries. A key component of the contact. Program Guidelines: It is essential program should be an introductory International Participants: Fifteen that proposals provide a detailed and course exploring American history, international participants per program comprehensive narrative describing the values and culture through the lens of will be nominated by U.S. Embassies objectives of the program; the title, American sports history and culture, and Fulbright Commissions from the scope and content of each session; including films and literature about five above-mentioned Bureau- planned site visits; and how each sports, which should be integrated into designated countries for each program. session relates to the overall program the curriculum for its entirety and Final selection will be made by the professional focus and themes. A provide a framework for the exchange Bureau’s Branch for the Study of the syllabus must be included that indicates experience. Participants should be given United States. Every effort will be made the subject matter for each lecture, panel ample opportunity to develop on-going to select a balanced mix of male and discussion, group presentation or other collaborations with their fellow female participants. International activity. The syllabus should also participants. Bureau-designated participants will be diverse in terms of confirm or provisionally identify participating countries for this program academic and professional background. proposed speakers, trainers, and session may include: Indonesia, Nigeria, Russia, All international participants will have leaders, and clearly show how assigned Turkey, Venezuela, and the United a good knowledge of English. readings will advance the goals of each States. One award of up to $280,000 (not Participants may or may not come from session. A calendar of all program to exceed $14,000 per participant, educational institutions where the study activities must be included in the including American participants) will of their specialization is relatively well- proposal, as well as a description of support this program. This award will developed. Preference will be given in plans for public and media outreach in not include funds for participant the selection process to participants connection with the program. Overall, international travel to and from the with no or limited experience with the proposals will be reviewed on the basis United States, which will be the United States, although some may have of their responsiveness to RFGP criteria, separate responsibility of the visited the United States previously. In coherence, clarity, and attention to Department. all cases, participants will be detail. Program Design: Each Fusion Arts accomplished undergraduate students, Please note: In a cooperative agreement, Exchange program should be designed who will be prepared to participate in the Branch for the Study of the United States as an intensive, interactive, an intellectually, professionally and/or is substantially involved in program academically rigorous seminar for an artistically rigorous academic seminar activities above and beyond routine grant experienced group of undergraduate that offers a collegial atmosphere monitoring. The Branch will assume the students from abroad and from the U.S. conducive to collaborative work and following responsibilities for each Fusion Each program should be organized exchange of ideas. Arts Exchange program: participate in the through an integrated series of American Participants: Three to five selection of international participants; individual and group training American undergraduate students, oversee the program through regular contact outstanding in their respective fields, with the administrator(s) and one or more workshops, lectures, readings, seminar site visits; debrief participants in discussions, public presentation should be competitively selected by Washington, DC at the conclusion of the opportunities, and regional travel and each host institution as participants in program; and engage in follow-on site visits. Applicants are encouraged to its program. No more than one communication with the participants after design creative, thematically coherent American participant per program may they return to their home countries. The programs that draw upon the particular be a current or past student of that Branch may request that the host institution strengths, faculty and resources of their program’s host institution. These make modifications to the academic institutions as well as upon the American participants will participate residency and/or educational travel in all aspects of the Fusion Arts components of the program. The recipient nationally recognized expertise of will be required to obtain approval of scholars, professionals, artists and other Exchange program, living and working significant program changes in advance of experts throughout the United States. collaboratively with their international their implementation. Academic facilities devoted to the peers. Prospective host institutions will program must be of the highest quality be evaluated on their ability to recruit II. Award Information and should feature state-of-the-art appropriate American participants. Type of Award: Cooperative American participants should be both technology. Applicants should clearly Agreement. ECA’s level of involvement exemplary cultural representatives of outline the facilities they propose to in this program is listed under number the United States and experienced in devote to the program and justify that I above. they meet the above criteria. the discipline of the Fusion Arts Fiscal Year Funds: FY–2007. Program Administration: Each Fusion Exchange for which they have been Approximate Total Funding: Arts Exchange program should selected. In all cases, participants $1,120,000. designate an academic director who will should be accomplished undergraduate Approximate Number of Awards: 4. be present throughout the program to students, who will be prepared to Approximate Average Award: ensure the continuity, coherence and participate in an intellectually, $280,000. integration of all aspects of the professionally and/or artistically Ceiling of Award Range: $280,000. academic program, including the rigorous academic seminar that offers a Anticipated Award Date: Pending educational study tour. In addition to collegial atmosphere conducive to availability of funds, March 1, 2007. the academic director, an administrative collaborative work and exchange of Anticipated Project Completion Date: director or coordinator should be ideas. Every effort should be made to August 18, 2007.

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Additional Information: Pending an applicant submit multiple proposals This number is a nine-digit successful implementation of this under this competition, all proposals identification number, which uniquely program and the availability of funds in will be declared technically ineligible identifies business entities. Obtaining a subsequent fiscal years, it is ECA’s and given no further consideration in DUNS number is easy and there is no intent to renew this grant for two the review process. charge. To obtain a DUNS number, additional fiscal years, before openly access http:// IV. Application and Submission competing it again. www.dunandbradstreet.com or call 1– Information 866–705–5711. Please ensure that your III. Eligibility Information Note: Please read the complete DUNS number is included in the III.1. Eligible applicants: Applications announcement before sending inquiries or appropriate box of the SF–424 which is may be submitted by public and private submitting proposals. Once the RFGP part of the formal application package. non-profit organizations meeting the deadline has passed, Bureau staff may not IV.3b. All proposals must contain an provisions described in Internal discuss this competition with applicants executive summary, proposal narrative Revenue Code section 26 U.S.C. until the proposal review process has been and budget. 501(c)(3). completed. Please refer to the Solicitation III.2. Cost Sharing or Matching Funds: IV.1 Contact Information to Request Package. It contains the mandatory There is no minimum or maximum an Application Package: Please contact Proposal Submission Instructions (PSI) percentage required for this the Branch for the Study of the United document and the Project Objectives, competition. However, the Bureau States, ECA/A/E/USS, Room 314, U.S. Goals and Implementation (POGI) encourages applicants to provide Department of State, SA–44, 301 4th document for additional formatting and maximum levels of cost sharing and Street, SW., Washington, DC 20547; tel. technical requirements. funding in support of its programs. (202) 453–8540; fax (202) 453–8533 to IV.3c. You must have nonprofit status When cost sharing is offered, it is request a Solicitation Package. Please with the IRS at the time of application. understood and agreed that the refer to the Funding Opportunity If your organization is a private applicant must provide the amount of Number ECA/A/E/USS–07–FAX located nonprofit which has not received a grant cost sharing as stipulated in its proposal at the top of this announcement when or cooperative agreement from ECA in and later included in an approved grant making your request. the past three years, or if your agreement. Cost sharing may be in the Alternatively, an electronic organization received nonprofit status form of allowable direct or indirect application package may be obtained from the IRS within the past four years, costs. For accountability, you must from grants.gov. Please see section IV.3f. you must submit the necessary maintain written records to support all for further information. documentation to verify nonprofit status costs which are claimed as your The Solicitation Package contains the as directed in the PSI document. Failure contribution, as well as costs to be paid Proposal Submission Instruction (PSI) to do so will cause your proposal to be by the Federal government. Such document which consists of required declared technically ineligible. records are subject to audit. The basis application forms, and standard IV.3d. Please take into consideration for determining the value of cash and guidelines for proposal preparation. It the following information when in-kind contributions must be in also contains the Project Objectives, preparing your proposal narrative: accordance with OMB Circular A–110, Goals and Implementation (POGI) IV.3d.1 Adherence to All Regulations (Revised), Subpart C.23—Cost Sharing document, which provides specific Governing the J Visa. The Bureau of and Matching. In the event you do not information, award criteria and budget Educational and Cultural Affairs is provide the minimum amount of cost instructions tailored to this competition. placing renewed emphasis on the secure sharing as stipulated in the approved For specific questions on the Fusion and proper administration of Exchange budget, ECA’s contribution will be Arts Exchange programs, please specify Visitor (J visa) Programs and adherence reduced in like proportion. Adam Van Loon, [email protected] by grantees and sponsors to all III.3. Other Eligibility Requirements: and refer to the Funding Opportunity regulations governing the J visa. a. Grants awarded to eligible Number ECA/A/E/USS–07–FAX located Therefore, proposals should organizations with less than four years at the top of this announcement on all demonstrate the applicant’s capacity to of experience in conducting other inquiries and correspondence. meet all requirements governing the international exchange programs will be IV.2. To Download a Solicitation administration of the Exchange Visitor limited to $60,000. ECA anticipates Package Via Internet: The entire Programs as set forth in 22 CFR 62, awarding four grants, in amount over Solicitation Package may be including the oversight of Responsible $60,0000 to support program and downloaded from the Bureau’s Web site Officers and Alternate Responsible administrative costs required to at http://exchanges.state.gov/education/ Officers, screening and selection of implement this exchange program. rfgps/menu.htm, or from the Grants.gov program participants, provision of pre- Therefore, organizations with less than website at http://www.grants.gov. arrival information and orientation to four years experience in conducting Please read all information before participants, monitoring of participants, international exchanges are ineligible to downloading. proper maintenance and security of apply under this competition. The IV.3. Content and Form of forms, record-keeping, reporting and Bureau encourages applicants to Submission: Applicants must follow all other requirements. provide maximum levels of cost sharing instructions in the Solicitation Package. ECA will be responsible for issuing and funding in support of its programs. The application should be submitted DS–2019 forms to participants in this b. Technical Eligibility: It is the per the instructions under IV.3f. program. Bureau’s intent to award four separate ‘‘Application Deadline and Methods of A copy of the complete regulations cooperative agreements to four different Submission’’ section below. governing the administration of institutions under this competition. IV.3a. You are required to have a Dun Exchange Visitor (J) programs is Therefore prospective applicants may and Bradstreet Data Universal available at http://exchanges.state.gov only submit one proposal under this Numbering System (DUNS) number to or from: United States Department of competition. All applicants must apply for a grant or cooperative State, Office of Exchange Coordination comply with this requirement. Should agreement from the U.S. Government. and Designation, ECA/EC/ECD—SA–44,

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Room 734, 301 4th Street, SW., your anticipated project outcomes, and particular outcomes will be measured; Washington, DC 20547, Telephone: how and when you intend to measure and (4) provides a clear description of (202) 203–5029, FAX: (202) 453–8640. these outcomes (performance the data collection strategies for each Please refer to Solicitation Package for indicators). The more that outcomes are outcome (i.e., surveys, interviews, or further information. ‘‘smart’’ (specific, measurable, focus groups). (Please note that IV.3d.2 Diversity, Freedom and attainable, results-oriented, and placed evaluation plans that deal only with the Democracy Guidelines. Pursuant to the in a reasonable time frame), the easier first level of outcomes [satisfaction] will Bureau’s authorizing legislation, it will be to conduct the evaluation. You be deemed less competitive under the programs must maintain a non-political should also show how your project present evaluation criteria.) character and should be balanced and objectives link to the goals of the Grantees will be required to provide representative of the diversity of program described in this RFGP. reports analyzing their evaluation American political, social, and cultural Your monitoring and evaluation plan findings to the Bureau in their regular life. ‘‘Diversity’’ should be interpreted should clearly distinguish between program reports. All data collected, in the broadest sense and encompass program outputs and outcomes. Outputs including survey responses and contact differences including, but not limited to are products and services delivered, information, must be maintained for a ethnicity, race, gender, religion, often stated as an amount. Output minimum of three years and provided to geographic location, socio-economic information is important to show the the Bureau upon request. status, and disabilities. Applicants are scope or size of project activities, but it IV.3d.4. Describe your plans for strongly encouraged to adhere to the cannot substitute for information about overall program management, staffing, advancement of this principle both in progress towards outcomes or the and coordination with Branch for the program administration and in program results achieved. Examples of outputs Study of the United States. The Branch content. Please refer to the review include the number of people trained or considers these to be essential elements criteria under the ‘Support for Diversity’ the number of seminars conducted. of your program; please be sure to give section for specific suggestions on Outcomes, in contrast, represent sufficient attention to them in your incorporating diversity into your specific results a project is intended to proposal. Please refer to the Technical proposal. Public Law 104–319 provides achieve and is usually measured as an Eligibility Requirements and the POGI that ‘‘in carrying out programs of extent of change. Findings on outputs in the Solicitation Package for specific educational and cultural exchange in and outcomes should both be reported, guidelines. countries whose people do not fully but the focus should be on outcomes. IV.3e. Please take the following enjoy freedom and democracy,’’ the We encourage you to assess the information into consideration when Bureau ‘‘shall take appropriate steps to following four levels of outcomes, as preparing your budget: provide opportunities for participation they relate to the program goals set out IV.3e.1. Applicants must submit a in such programs to human rights and in the RFGP (listed here in increasing comprehensive budget for the entire democracy leaders of such countries.’’ order of importance): program. Awards may not exceed Public Law 106–113 requires that the 1. Participant satisfaction with the $280,000 in total and $14,000 per governments of the countries described program and exchange experience. participant. There must be a summary above do not have inappropriate 2. Participant learning, such as budget as well as breakdowns reflecting influence in the selection process. increased knowledge, aptitude, skills, both administrative and program Proposals should reflect advancement of and changed understanding and budgets. Applicants may provide these goals in their program contents, to attitude. Learning includes both separate sub-budgets for each program the full extent deemed feasible. substantive (subject-specific) learning component, phase, location, or activity IV.3d.3. Program Monitoring and and mutual understanding. to provide clarification. Evaluation. Proposals must include a 3. Participant behavior, concrete IV.3e.2. Allowable costs for the plan to monitor and evaluate the actions to apply knowledge in work or program include the following: project’s success, both as the activities community; greater participation and (1) Program staff salary and benefits; unfold and at the end of the program. responsibility in civic organizations; (2) Participant housing and meals; The Bureau recommends that your interpretation and explanation of (3) Participant travel and per diem; proposal include a draft survey experiences and new knowledge gained; (4) Textbooks, educational materials questionnaire or other technique plus a continued contacts between and admissions fees; description of a methodology to use to participants, community members, and (5) Honoraria for guest speakers. link outcomes to original project others. Please refer to the Solicitation objectives. The Bureau expects that the 4. Institutional changes, such as Package for complete budget guidelines grantee will track participants or increased collaboration and and formatting instructions. partners and be able to respond to key partnerships, policy reforms, new IV.3f. Application Deadline and evaluation questions, including programming, and organizational Methods of Submission: satisfaction with the program, learning improvements. Application Deadline Date: February as a result of the program, changes in Please note: Consideration should be given 9, 2007. behavior as a result of the program, and to the appropriate timing of data collection Reference Number: ECA/A/E/USS– effects of the program on institutions for each level of outcome. For example, 07–FAX. (institutions in which participants work satisfaction is usually captured as a short- Methods of Submission: or partner institutions). The evaluation term outcome, whereas behavior and Applications may be submitted in one plan should include indicators that institutional changes are normally of two ways: measure gains in mutual understanding considered longer-term outcomes. 1. In hard-copy, via a nationally as well as substantive knowledge. Overall, the quality of your recognized overnight delivery service Successful monitoring and evaluation monitoring and evaluation plan will be (i.e., DHL, Federal Express, UPS, depend heavily on setting clear goals judged on how well it (1) Specifies Airborne Express, or U.S. Postal Service and outcomes at the outset of a program. intended outcomes; (2) gives clear Express Overnight Mail, etc.), or Your evaluation plan should include a descriptions of how each outcome will 2. Electronically through http:// description of your project’s objectives, be measured; (3) identifies when www.grants.gov.

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Along with the Project Title, all solicitation packages are available at be deemed ineligible if they do not fully applicants must enter the above Grants.gov in the ‘‘Find’’ portion of the adhere to the guidelines stated herein Reference Number in Box 11 on the SF– system. Please follow the instructions and in the Solicitation Package. All 424 contained in the mandatory available in the ‘Get Started’ portion of eligible proposals will be reviewed by Proposal Submission Instructions (PSI) the site (http://www.grants.gov/ the program office, as well as the Public of the solicitation document. GetStarted). Several of the steps in the Diplomacy section overseas, where IV.3f.1. Submitting Printed Grants.gov registration process could appropriate. Eligible proposals will be Applications. Applications must be take several weeks. Therefore, subject to compliance with Federal and shipped no later than the above applicants should check with Bureau regulations and guidelines and deadline. Delivery services used by appropriate staff within their forwarded to Bureau grant panels for applicants must have in-place, organizations immediately after advisory review. Proposals may also be centralized shipping identification and reviewing this RFGP to confirm or reviewed by the Office of the Legal tracking systems that may be accessed determine their registration status with Adviser or by other Department via the Internet and delivery people Grants.gov. elements. Final funding decisions are at who are identifiable by commonly Once registered, the amount of time it the discretion of the Department of recognized uniforms and delivery can take to upload an application will State’s Assistant Secretary for vehicles. Proposals shipped on or before vary depending on a variety of factors Educational and Cultural Affairs. Final the above deadline but received at ECA including the size of the application and technical authority for assistance more than seven days after the deadline the speed of your internet connection. awards cooperative agreements resides will be ineligible for further Therefore, we strongly recommend that with the Bureau’s Grants Officer. you not wait until the application consideration under this competition. Review Criteria Proposals shipped after the established deadline to begin the submission deadlines are ineligible for process through Grants.gov. Technically eligible applications will consideration under this competition. Direct all questions regarding be competitively reviewed according to ECA will not notify you upon receipt of Grants.gov registration and submission the criteria stated below. These criteria application. It is each applicant’s to: Grants.gov Customer Support. are not rank ordered and all carry equal responsibility to ensure that each Contact Center Phone: 800–518–4726. weight in the proposal evaluation: 1. Quality of Program Idea/Plan: package is marked with a legible Business Hours: Monday–Friday, 7 Proposals should exhibit originality, tracking number and to monitor/confirm a.m.–9 p.m. Eastern Time. E-mail: [email protected]. substance, precision, and relevance to delivery to ECA via the Internet. Applicants have until midnight (12 the Bureau’s mission. Detailed agenda Delivery of proposal packages may not a.m.), Washington, DC time of the and relevant work plan should be made via local courier service or in closing date to ensure that their entire demonstrate substantive undertakings person for this competition. Faxed application has been uploaded to the and logistical capacity. documents will not be accepted at any Grants.gov site. There are no exceptions 2. Ability to Achieve Overall Program time. Only proposals submitted as to the above deadline. Applications Objectives: Objectives should be stated above will be considered. uploaded to the site after midnight of reasonable, feasible, and flexible. Important note: When preparing your the application deadline date will be Proposals should clearly demonstrate submission please make sure to include one automatically rejected by the grants.gov how the institution will meet the extra copy of the completed SF–424 form and system, and will be technically program’s objectives and plan. place it in an envelope addressed to ‘‘ECA/ ineligible. 3. Support for Diversity: Proposals EX/PM’’. Applicants will receive a should demonstrate substantive support The original and 10 copies of the confirmation e-mail from grants.gov of the Bureau’s policy on diversity. application should be sent to: U.S. upon the successful submission of an Achievable and relevant features should Department of State, SA–44, Bureau of application. ECA will not notify you be cited in both program administration Educational and Cultural Affairs, Ref.: upon receipt of electronic applications. (program venue, study tour venue, and ECA/xx–00–xx (each Program Office It is the responsibility of all program evaluation) and program assigns a unique number), Program applicants submitting proposals via the content (orientation and wrap-up Management, ECA/EX/PM, Room 534, Grants.gov web portal to ensure that sessions, site visits, program meetings 301 4th Street, SW., Washington, DC proposals have been received by and resource materials). 20547. Grants.gov in their entirety, and ECA 4. Evaluation and Follow-Up: (Include following language re: disk bears no responsibility for data errors Proposals should include a plan to submission only if proposals will be resulting from transmission or evaluate the Program’s success, both as forwarded to embassies. If post input is conversion processes. the activities unfold and at the end of not necessary, delete language.) Optional—IV.3f.3 You may also state the program. A draft survey Applicants submitting hard-copy here any limitations on the number of questionnaire or other technique plus applications must also submit the applications that an applicant may description of a methodology to use to ‘‘Executive Summary’’ and ‘‘Proposal submit and make it clear whether the link outcomes to original program Narrative’’ sections of the proposal in limitation is on the submitting objectives is strongly recommended. text (.txt) format on a PC-formatted disk. organization, individual program Proposals should also discuss The Bureau will provide these files director or both. provisions made for follow-up with electronically to the appropriate Public IV.3g. Intergovernmental Review of returned grantees as a means of Affairs Section(s) at the U.S. Applications: Executive Order 12372 establishing longer-term individual and embassy(ies) for its (their) review. does not apply to this program. institutional linkages. IV.3f.2. Submitting Electronic V. Application Review Information 5. Cost-effectiveness/Cost-sharing: Applications. Applicants have the The overhead and administrative option of submitting proposals V.1. Review Process components of the proposal, including electronically through Grants.gov The Bureau will review all proposals salaries and honoraria, should be kept (http://www.grants.gov). Complete for technical eligibility. Proposals will as low as possible. All other items

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should be necessary and appropriate. Please reference the following Dated: November 28, 2006. Proposals should maximize cost-sharing websites for additional information: Dina Habib Powell, through other private sector support as http://www.whitehouse.gov/omb/grants. Assistant Secretary for Educational and well as institutional direct funding http://exchanges.state.gov/education/ Cultural Affairs Department of State. contributions. grantsdiv/terms.htm#articleI. [FR Doc. E6–20785 Filed 12–6–06; 8:45 am] 6. Institutional Track Record/Ability: VI.3. Reporting Requirements: You BILLING CODE 4710–05–P Proposals should demonstrate an must provide ECA with a hard copy institutional record of successful original plus one (1) copy of the final exchange programs, including program and financial report no more DEPARTMENT OF STATE responsible fiscal management and full than 90 days after the expiration of the [Public Notice 5623] compliance with all reporting award. requirements for past Bureau grants as Grantees will be required to provide Notice of Meeting of the Cultural determined by Bureau Grants Staff. The reports analyzing their evaluation Property Advisory Committee Bureau will consider the past findings to the Bureau in their regular performance of prior recipients and the program reports. Please refer to There will be a meeting of the demonstrated potential of new Application and Submission Cultural Property Advisory Committee applicants. Proposed personnel and Instructions (IV.3d.3) above for Program on Thursday, January 25, 2007, from institutional resources should be fully Monitoring and Evaluation information. approximately 9 a.m. to 5 p.m., and on qualified to achieve the Program’s goals. All data collected, including survey Friday, January 26, from approximately responses and contact information, must 9 a.m. to 5 p.m., at the Department of VI. Award Administration Information be maintained for a minimum of three State, Annex 44, Room 840, 301 4th St., VI.1a. Award Notices: Final awards years and provided to the Bureau upon SW., Washington, DC. During its cannot be made until funds have been request. meeting the Committee will review a appropriated by Congress, allocated and All reports must be sent to the ECA proposal to extend the Memorandum of committed through internal Bureau Grants Officer and ECA Program Officer Understanding between the Government procedures. Successful applicants will listed in the final assistance award of the United States of America and the receive an Assistance Award Document document. Government of the Republic of Peru (AAD) from the Bureau’s Grants Office. VII. Agency Contacts Concerning the Imposition of Import The AAD and the original grant For questions about this Restrictions on Archaeological Material proposal with subsequent modifications announcement, contact: Branch for the from the Pre-Hispanic Cultures and (if applicable) shall be the only binding Study of the United States, ECA/A/E/ Certain Ethnological Material from the Colonial Period of Peru; and a proposal authorizing document between the USS, Room 314, U.S. Department of to extend the Memorandum of recipient and the U.S. Government. The State, SA–44, 301 4th Street, SW., Understanding Between the AAD will be signed by an authorized Washington, DC 20547; tel. (202) 453– Government of the United States of Grants Officer, and mailed to the 8540; fax (202) 453–8533. For specific America and the Government of the recipient’s responsible officer identified questions on the Fusion Arts Exchange Republic of Cyprus Concerning the in the application. program, contact Adam Van Loon at Imposition of Import Restrictions on Unsuccessful applicants will receive [email protected]. All correspondence with the Bureau Pre-Classical and Classical notification of the results of the Archaeological Objects and Byzantine application review from the ECA concerning this RFGP should reference the title ‘‘Fusions Arts Exchange’’ and Period Ecclesiastical and Ritual program office coordinating this Ethnological Material. The concerned competition. number ECA/A/E/USS–07–FAX. Please read the complete Federal Governments have each notified the VI.2 Administrative and National Government of the United States of Policy Requirements: Terms and Register announcement before sending inquiries or submitting proposals. Once America of their interest in extending Conditions for the Administration of the respective MOUs. the RFGP deadline has passed, Bureau ECA agreements include the following: The Committee’s responsibilities are staff may not discuss this competition Office of Management and Budget carried out in accordance with Circular A–122, ‘‘Cost Principles for with applicants until the proposal provisions of the Convention on Nonprofit Organizations.’’ review process has been completed. Cultural Property Implementation Act Office of Management and Budget VIII. Other Information (19 U.S.C. 2601 et seq.). The text of the Circular A–21, ‘‘Cost Principles for Act and subject Memoranda of Educational Institutions.’’ Notice Understanding, as well as related OMB Circular A–87, ‘‘Cost Principles The terms and conditions published information may be found at http:// for State, Local and Indian in this RFGP are binding and may not exchanges.state.gov/culprop. Portions of Governments’’. be modified by any Bureau the meeting on January 25 and 26 will OMB Circular No. A–110 (Revised), representative. Explanatory information be closed pursuant to 5 U.S.C. Uniform Administrative Requirements provided by the Bureau that contradicts 552b(c)(9)(B) and 19 U.S.C. 2605(h). for Grants and Agreements with published language will not be binding. However, on January 25, the Committee Institutions of Higher Education, Issuance of the RFGP does not will hold an open session from Hospitals, and other Nonprofit constitute an award commitment on the approximately 9:30 a.m. to 11 a.m., to Organizations. part of the Government. The Bureau receive oral public comment on the OMB Circular No. A–102, Uniform reserves the right to reduce, revise, or proposals to extend. Persons wishing to Administrative Requirements for increase proposal budgets in accordance attend this open session should notify Grants-in-Aid to State and Local with the needs of the program and the the Cultural Heritage Center of the Governments. availability of funds. Awards made will Department of State at (202) 453–8800 OMB Circular No. A–133, Audits of be subject to periodic reporting and no later than Thursday, January 11, States, Local Government, and Non- evaluation requirements per section VI.3 2007, 3 p.m. (EST) to arrange for profit Organizations above. admission. Seating is limited.

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Anyone wishing to make an oral the Tennessee Valley Authority and 2006, the TVA Board of Directors also presentation at the public session must make use of that unfinished asset. authorized staff to conduct a request to be scheduled, must state DATES: Comments on the draft comprehensive Detailed, Scoping, which MOU—Peru or Cyprus—the Supplemental EIS will be invited from Estimating and Planning (DSEP) study presentation will address, and must the public. It is anticipated that the draft to evaluate the cost and schedule for submit a written text of the oral Supplemental EIS will be available in completing WBN Unit 2. comments by January 11, 2007, to allow the spring of 2007. WBN is located on 1,700 acres at the time for distribution to Committee ADDRESSES: Information about the northern end of Chickamauga Reservoir members prior to the meeting. Oral Supplemental EIS process can be about 8 miles from Spring City, comments will be limited to allow time obtained by contacting Bruce L. Yeager, Tennessee. The Atomic Energy for questions from members of the NEPA Program Manager, NEPA Policy, Commission (AEC) issued construction Committee and must specifically relate Environmental Stewardship and Policy, permits (now the responsibility of the to the determinations under Section Tennessee Valley Authority, 400 West Nuclear Regulatory Commission (NRC)) 303(a)(1) of the Convention on Cultural Summit Hill Drive, Mail Stop WT 11B– for the two-unit, 2,540 MW plant in Property Implementation Act, 19 U.S.C. K, Knoxville, Tennessee 37902 (e-mail: January of 1973. In 1985, TVA halted 2602, pursuant to which the Committee [email protected]). construction activities for WBN in order must make findings. This citation for FOR FURTHER INFORMATION CONTACT: to address safety concerns. Due to these construction delays, WBN Unit 1 did the determinations can be found at the James Chardos, Project Manager, not begin commercial operation until web site noted above. Nuclear Generation Development at May 1996. The plant currently has one The Committee also invites written Tennessee Valley Authority, Mail Stop Westinghouse pressurized-water reactor comments and asks that they be ADM 1V-WBN, Chattanooga, Tennessee with a capacity of 1,167 megawatts— submitted no later than January 11, 37402 (e-mail: [email protected]). 2007, to allow time for distribution to enough electricity to supply about SUPPLEMENTARY INFORMATION: TVA 650,000 homes a day. WBN Unit 2 was Committee members prior to the operates the largest public power system meeting. All written materials, approximately 60 percent complete in the country. It provides electricity to when construction was halted in 1985. including the written texts of oral more than 8.5 million people in parts of statements, may be faxed to (202) 435– seven southeastern states. It also serves Summary of Relevant Environmental 8803. If more than three (3) pages, 20 650,000 businesses and industries in Reviews duplicates of written materials must be this region, including 61 large industrial In 1972, TVA released a Final EIS that sent by express mail to: Cultural and federal facilities. TVA currently has reviewed the potential environmental Heritage Center, Department of State, 33,000 megawatts of dependable and socioeconomic impacts of Annex 44, 301 4th Street, SW., generating capacity on its system. This constructing and operating the two-unit Washington, DC 20547; tel: (202) 453– capacity consists of three nuclear plants, plant (WBN Units 1 and 2). TVA 8800. 11 coal-fired plants, six combustion- updated the WBN EIS in November Dated: November 28, 2006. turbine plants, 29 hydroelectric dams, 1976 and submitted additional Dina Habib Powell, one pump-storage facility, the environmental information and analyses Assistant Secretary for Educational and southeast’s largest wind turbine to NRC in an Environmental Cultural Affairs, Department of State. installation, and one methane-gas Information Supplement in 1977. In [FR Doc. E6–20775 Filed 12–6–06; 8:45 am] capture facility. Slightly more than 60 December of 1978, NRC issued its Final BILLING CODE 4710–05–P percent of TVA’s installed generating EIS, NUREG-0498 related to the capacity is coal, almost 30 percent is licensing of the two-unit plant. nuclear, and the remaining 10 percent is In 1993, TVA conducted a thorough hydro and other renewable energy review of the TVA and NRC documents TENNESSEE VALLEY AUTHORITY resources and combustion turbines. to determine if additional Supplemental Environmental Impact Demand for electricity in the TVA environmental review was needed to Statement: Completion of Watts Bar Power Service Area is growing at the inform decisions about whether or not Nuclear Plant Unit 2 rate of approximately 2 percent per year. to complete WBN Units 1 and 2. The In 2005, demand for electricity from the 1993 TVA review, focusing on ten AGENCY: Tennessee Valley Authority. TVA system exceeded the previous all- sections of the earlier documents, ACTION: Notice of Intent. time high demand (peak demand) on the concluded that neither the plant design system twice. To meet this growing nor environmental conditions had SUMMARY: This notice is provided in demand TVA anticipates having to add changed in a manner that materially accordance with the Council on additional baseload capacity to its altered the environmental impact Environmental Quality’s (CEQ) system by no later than the 2012-2014 analysis set forth in the earlier EIS. In regulations (40 CFR parts 1500–1508) timeframe. Completing TVA’s partially- 1994, TVA provided additional analyses and TVA’s procedures for implementing constructed WBN Unit 2 would not only and information in support of NRC’s the National Environmental Policy Act. help meet this growing need for issuance of a Supplemental EIS. That The Tennessee Valley Authority (TVA) generation but also make use of that Supplemental EIS, issued by NRC in will prepare a Supplemental unfinished asset. TVA is further 1995, similarly concluded that there Environmental Impact Statement (EIS) supplementing the original 1972 were no significant changes in the to update information and address the Environmental Statement for the plant potential environmental impacts of potential environmental impacts and updating pertinent information WBN 1 and 2 since the 1978 Final associated with its proposal to complete discussed and evaluated in the related Environmental Statement issued by the the Watts Bar Nuclear Plant (WBN) Unit documents identified below to inform NRC. Following independent review of 2 located in Rhea County, Tennessee. decision makers about the potential for the adequacy of the analyses and Completion of WBN Unit 2 would help environmental impacts that would be document, in July of 1995 TVA adopted address the need for additional baseload associated with a decision to complete the 1995 NRC final Supplemental EIS generation in the power service area of and operate WBN Unit 2. On July 28, for the completion of WBN Unit 1. In

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August 1995, TVA issued a ROD stating consideration of completing WBN Unit assessment would be incorporated by the agency decision to complete WBN 2. reference and appropriately summarized Unit 1. In 1998, TVA prepared an In February of 2004, TVA issued a in the Supplemental EIS. Environmental Assessment (EA) and Final EIS for its Reservoir Operations Public and Agency Participation Finding of No Significant Impact Study (ROS) evaluating the potential (FONSI) for a project to provide environmental impacts of alternative This Supplemental EIS is being supplemental condenser cooling water ways for operating the agency’s prepared to update information and to to WBN for the purpose of increasing reservoir system to produce overall inform decision-makers and the public power generation from Unit 1 that was greater public value for the people of the about the potential environmental constrained by cooling tower Tennessee Valley. That Final EIS review impacts of completing and operating performance. included provision of adequate water WBN Unit 2. The Supplemental EIS TVA participated as a cooperating supply for reliable, efficient operation of process also will provide the public an agency with the Department of Energy TVA generating facilities, such as WBN, opportunity to comment on TVA’s (DOE) on an environmental review within their operating limits of National analyses. Other federal, state, and local evaluating the production of tritium at Pollutant Discharge Elimination System agencies and governmental entities will one or more commercial light water (NPDES) and other permits. A ROD for be asked to comment, including the U.S. reactors (CLWRs) to ensure safe and the ROS Final EIS was subsequently Army Corps of Engineers, U.S. Fish and reliable tritium supply for U.S. defense issued in May of 2004. Wildlife Service, and the Tennessee needs. In March 1999, the Secretary of TVA will incorporate assumptions for Department of Environmental and the DOE designated the TVA Watts Bar reservoir operations resulting from the Conservation. and Sequoyah Nuclear Plants as the ROS Final EIS review in the present TVA will invite the public and Preferred Alternative for CLWR tritium evaluation. agencies to submit written, verbal or e- mail comments on the draft production in the CLWR EIS. DOE Proposed Action and Need for Power issued its Record of Decision (ROD) in Supplemental EIS. It is anticipated the May of 1999. TVA subsequently issued The proposal under consideration by draft Supplemental EIS will be released its own Notice of Adoption and ROD for TVA is to meet the demand for in the spring of 2007. Notice of the Final EIS in May of 2000. Tritium additional baseload capacity on the availability of the Supplemental EIS production subsequently began at WBN TVA system and maximize the use of will be published in the Federal Unit 1 in 2003. TVA’s proposed existing assets by completing and Register, as well as announced in local completion and operation of WBN Unit operating WBN Unit 2 alongside its news media. TVA expects to release a 2 does not include provision for tritium sister unit, WBN Unit 1 that has been final Supplemental EIS in the summer production, however pertinent operating since 1996. The of 2007. information on spent nuclear fuel environmental impacts of other energy Dated: November 28, 2006. management is included in the CLWR resource options were evaluated as part Kathryn J. Jackson, of TVA’s Energy Vision 2020 Final EIS. EIS. As appropriate, TVA intends to Executive Vice President, River System incorporate, utilize, and update As part of the present supplemental Operations & Environment. environmental review, TVA will update information from these earlier plant- [FR Doc. E6–20761 Filed 12–6–06; 8:45 am] specific analyses for the present the Need for Power analysis, as well as BILLING CODE 8120–08–P Supplemental EIS. consider any new environmental In December 1995, TVA also information. completed a comprehensive Preliminary Identification of DEPARTMENT OF TRANSPORTATION environmental review of alternative Environmental Issues means of meeting demand for power on This Supplemental EIS will discuss National Highway Traffic Safety the TVA system through the year 2020. Administration This review was in the form of a Final the need to complete WBN Unit 2 and EIS titled the Integrated Resource Plan will update information on existing [U.S. DOT Docket Number NHTSA–2006– —Energy Vision 2020. Completion of environmental, cultural, recreational, 26251] WBN Unit 2 was evaluated in this Final and socioeconomic resources, as Reports, Forms and Recordkeeping EIS. To address future demand for appropriate. The Supplemental EIS will Requirements electricity, TVA decided to rely on a also update the analysis of potential portfolio of energy resource options, environmental impacts resulting from AGENCY: National Highway Traffic including new generation and construction, operation, and Safety Administration (NHTSA), DOT. conservation. Because of uncertainties maintenance of WBN Unit 2, and the ACTION: 60-day Notice—Request for about performance and cost, completion total impacts occurring with concurrent public comment on proposed collection of WBN Unit 2 was not included in the operation of WBN Unit 1. The update of of information. portfolio of resource options. In the potential environmental impacts will Integrated Resource Plan, TVA made include, but not necessarily be limited SUMMARY: Before a Federal agency can conservative assumptions about the to, the potential impacts on water collect certain information from the capacity factor (roughly how much a quality, vegetation, wildlife, aquatic public, it must receive approval from unit would be able to run) nuclear units ecology, endangered and threatened the Office of Management and Budget generally would achieve and this species, floodplains, wetlands, land use, (OMB). Under procedures established capacity factor was used in conducting cultural and historic resources, by the Paperwork Reduction Act of 1995 the economic analyses of nuclear socioeconomics, spent fuel (PRA), before seeking OMB approval, resource options. TVA nuclear units, management, and radiological impacts, Federal agencies must solicit public consistent with U.S. nuclear industry as well as an analysis of severe accident comment on proposed collections of performance, now routinely exceed this mitigation alternatives. Information information. In this case, the earlier assumed capacity factor, which from TVA’s and NRC’s previous information collection consists of a load changes the earlier analyses and will be environmental reviews (described carrying capacity label applied to all taken into account in the current above) that is relevant to the current motor homes and recreation vehicle

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(RV) trailers and a load carrying (i) Whether the proposed collection of fact that approximately 95% of all RV capacity modification label which information will have practical utility; manufacturers currently belong to RVIA corrects original load carrying capacity (ii) The accuracy of the agency’s and already voluntarily apply load information on all RVs and light estimate of the burden of the proposed carrying capacity labels to the vehicles vehicles when significant additional collection of information, including the they produce. When this proposal weight is added between final vehicle validity of the methodology and becomes a final rule and the final rule certification and first retail sale. The assumptions used; becomes effective, it is predicted that load carrying capacity modification (iii) How to enhance the quality, these 95% of RVs will replace the label is an alternative to current utility, and clarity of the information to current voluntary label with the NHTSA methods of information correction be collected; label at no additional cost. Therefore, which requires the original label to be (iv) How to minimize the burden of any additional cost for information replaced. A PRA 60-day notice was the collection of information on those collection imparted by this final rule is included with the published notice of who are to respond, including the use a result of the remaining 5% of RV proposed rulemaking (NPRM) on of appropriate automated, electronic, manufacturers to apply load carrying October 31, 2005 (70 FR 51707), mechanical or other technological capacity labels and the cost to RV however, since the original notice was collection techniques or other forms of dealers/service facilities that choose to a year old and the PRA burden information technology. apply the load carrying capacity information has been updated, NHTSA In compliance with these modification label. The cost to decided to publish a second 60-day requirements, NHTSA asks for public manufacturers of light vehicles other notice. This notice is related only to comments on the following proposed than RVs is minimal as most vehicles obtaining OMB information collection collection of information for which the will not exceed a predetermined approval under the PRA and is not part agency is seeking OMB approval. threshold for compliance that dealers/ of or a substitute for the final rule Title: Load Carrying Capacity Label service facilities will not be required to amending FMVSS Nos. 110 and 120 by for Motor Homes and RV Trailers. update load carrying capacity OMB Control Number: New. adding load carrying capacity information. The additional cost for requirements which should be Affected Public: Manufacturers and Dealers of Motor Homes and RV information collection to light vehicle published in the near future. manufacturers other than RV DATES: Comments must be received on Trailers. Form Number: No standard form will manufacturers result from those who or before February 5, 2007. be used in this collection. choose to correct load carrying capacity ADDRESSES: Comments may be Abstract: Information collection information by applying the load submitted in writing to: Docket under this proposal consists of a load carrying capacity modification label. Management, Room PL–401, 400 carrying capacity label applied to all The label is not mandatory; it is simply Seventh Street, SW., Washington, DC, motor homes and recreation vehicle an alternative to correcting load carrying 20590. Alternatively, comments may be (RV) trailers. The information collection capacity information by replacing or submitted electronically by logging onto also involves a load carrying capacity updating the original tire placard/label the Docket Management System. The modification label which corrects when the added weight threshold is Web site can be accessed at http:// original load carrying capacity exceeded. dms.dot.gov. Click on ‘‘Help’’ to view information on all RVs and light The following are the cost and hour instructions on how to make an vehicles when significant additional burden estimates resulting from the electronic submission. Regardless of weight is added between final vehicle proposed load carrying capacity how comments are submitted, the certification and first retail sale. The information requirements. Numbers are docket number of this document must load carrying capacity modification based on 2005 estimates. be mentioned. The Docket Management label is a voluntary alternative to RV manufacturers and manufacturers Office hours are from 10 a.m. to 5 p.m., current requirements which states that of light vehicles other than RVs already Monday through Friday except Federal the original label or placard must be have the following knowledge, holidays and may be contacted by replaced when additional weight is information and resources and therefore calling 202–366–9324. added. A PRA 60-day notice was these items will not impose any FOR FURTHER INFORMATION CONTACT: included with the published NPRM on additional cost and/or hour burden. William D. Evans, NHTSA, NVS–123, August 31, 2005 (70 FR 51707), Vehicle gross vehicle weight rating Room 5320i, 400 Seventh Street, SW., however, since the original notice was (GVWR). Washington, DC, 20590. Mr. Evans may a year old and the PRA burden Means to print or procure labels. also be reached by calling 202–366– information has been updated, NHTSA Scale system for weighing vehicles. 2272. decided to publish a second 60-day Estimated annual hour burden to the SUPPLEMENTARY INFORMATION: Under the notice. This notice is related only to 5% of RV manufacturers that are not Paperwork Reduction Act of 1995, obtaining OMB information collection RVIA members to weigh an RV in order before an agency submits a collection of approval under the PRA and is not part to determine unloaded vehicle weight information to OMB for approval, it of or a substitute for the final rule (UVW): must first publish a document in the amending FMVSS Nos. 110 and 120 by Estimated labor hours to weigh an RV Federal Register providing a 60-day adding load carrying capacity = .16 hours/RV. comment period and otherwise consult requirements which should be Approximately 419,500 RVs shipped with members of the public and affected published in the near future. in 2005. agencies concerning each proposed Our estimates of the burden that this It is estimated that 5%, or 20,975 RVs/ collection of information. The OMB has rulemaking imparts on all motor home year, currently do not voluntarily promulgated regulations describing and RV trailer manufacturers and display CCC information, as their what must be included in such a manufacturers of light vehicles other manufacturers are not members of document. Under OMB’s regulation (5 than motor homes are given below. RVIA. CFR 1320.8(d)), an agency must ask for There is no burden to the general 20,975 RVs/year × .16 hours/RV = public comment on the following: public. RV estimates are based on the 3,356 hours/year.

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Estimated annual cost to the 5% of 170,000 light vehicles/year × $0.05/ Junction, thereafter, diverging in two RV manufacturers that are not RVIA light vehicle = $8,500/year. directions, with one line running north members to procure or produce motor Estimated annual hour burden to light to milepost 75.7 at Poughkeepsie, NY, home load carrying capacity labels and vehicle manufacturers to insert values and a second line proceeding east to RV trailer cargo carrying capacity and install the load carrying capacity milepost 11.8 at Woodlawn Junction, labels: modification labels when necessary/ then north to milepost 82.0 at Wassaic, Estimated cost to produce labels = desired: NY. $0.15/RV. Estimated labor hours to install labels Midtown will acquire a fee simple Approximately 419,500 RVs shipped = .02 hours/light vehicle. interest in the Properties, subject to an in 2005. Approximately 17,000,000 light existing long-term lease to Metropolitan It is estimated that 5%, or 20,975 RVs/ vehicles shipped in 2005. Transportation Authority (MTA), which year, currently do not voluntarily An estimated 1%, or 170,000 light grants MTA exclusive control over the display CCC information, as their vehicles/year, will receive the CCC Harlem-Hudson Line (MTA lease).1 manufacturers are not members of modification label. Midtown indicates that it will not RVIA. 170,000 light vehicles/year × .02 20,975 RVs/year × $0.15/RV = $3,146/ provide any transportation services or hours/light vehicle = 3,400 hours/year. acquire a common carrier obligation to year. Total estimated Annual Burden: 9,274 Estimated annual hour burden to the provide freight rail service on the hours. Properties.2 5% of RV manufacturers that are not Number of Respondents: 99. Freight rail service over the Harlem- RVIA members to install motor home Comments are invited on: whether the Hudson Line is provided pursuant to load carrying capacity labels and RV proposed collection of information is trackage rights agreements MTA has trailer cargo carrying capacity labels: necessary for the proper performance of Estimated labor hours to install labels entered into with CSX Transportation, the functions of the Department, = .02 hours/RV. Inc. (CSXT), and the Delaware and including whether the information will Approximately 419,500 RVs shipped Hudson Railway Company, Inc. (D&H). have practical utility; the accuracy of in 2005. Midtown indicates that, like the MTA the Department’s estimate of the burden It is estimated that 5%, or 20,975 RVs/ lease, the CSXT and D&H trackage rights of the proposed information collection; year, currently do not voluntarily agreements will remain in place ways to enhance the quality, utility and display CCC information, as their following the consummation of the clarity of the information to be manufacturers are not members of proposed transaction, and will be collected; and ways to minimize the RVIA. unaffected by this transaction. 20,975 RVs/year × .02 hours/RV = 420 burden of the collection of information Midtown certifies that its projected hours/year. on respondents, including the use of Estimated annual cost to RV automated collection techniques or annual freight revenues as a result of manufacturers to procure or produce other forms of information technology. this transaction will not exceed $5 million, and will not result in the the load carrying capacity modification Issued on: December 1, 2006. labels when necessary: creation of a Class II or Class I rail Stephen R. Kratzke, carrier. Estimated cost to procure or produce Associate Administrator for Rulemaking. labels = $0.05/RV. If the verified notice contains false or Approximately 419,500 RVs shipped [FR Doc. 06–9560 Filed 12–6–06; 8:45 am] misleading information, the exemption in 2005. BILLING CODE 4910–59–M is void ab initio. Petitions to revoke the An estimated 25%, or 104,875 RVs/ exemption under 49 U.S.C. 10502(d) year, will receive the CCC modification may be filed at any time. The filing of DEPARTMENT OF TRANSPORTATION label. a petition to revoke will not × 104,875 RVs/year $0.05/RV = Surface Transportation Board automatically stay the transaction. $5,245/year. An original and 10 copies of all Estimated annual hour burden to RV [STB Finance Docket No. 34953] pleadings, referring to STB Finance manufacturers to install the load Docket No. 34953, must be filed with carrying capacity modification labels Midtown TDR Ventures LLC— the Surface Transportation Board, 1925 when necessary: Acquisition Exemption—American K Street, NW., Washington, DC 20423– Estimated labor hours to install labels Premier Underwriters, Inc., The 0001. In addition, a copy of each = .02 hours/RV. Owasco River Railway, Inc., and Approximately 419,500 RVs shipped American Financial Group, Inc. pleading must be served on George W. in 2005. Mayo, Jr., Hogan & Hartson LLP, 555 An estimated 25%, or 104,875 RVs/ Midtown TDR Ventures LLC, a Thirteenth Street, NW., Washington, DC year, will receive the CCC modification noncarrier, filed a notice of exemption 20004–1109. label. under 49 CFR 1150.31 to acquire 156 Board decisions and notices are 104,875 RVs/year × .02 hours/RV = miles of rail line and certain assets available on our Web site at http:// 2,098 hours/year. related to Grand Central Terminal in www.stb.dot.gov. New York City (collectively, Properties) Estimated annual cost to light vehicle Decided: November 30, 2006. manufacturers to procure or produce from American Premier Underwriters, the load carrying capacity modification Inc. (APU), a noncarrier, APU’s wholly owned subsidiary, The Owasco River 1 The MTA lease term expires on February 28, labels when necessary: 2274. MTA uses the Harlem-Hudson Line to Estimated cost to procure or produce Railway, Inc., a noncarrier, and APU’s provide commuter service through its subsidiary, labels = $0.05/light vehicle. parent, American Financial Group, Inc., Metro-North Commuter Railroad Company. Approximately 17,000,000 light a noncarrier, (collectively, Sellers). The 2 Simultaneously with the filing of this notice, vehicles shipped in 2005. acquired rail line, referred to as the Midtown has filed a motion to dismiss the notice of exemption in this proceeding, arguing that the An estimated 1%, or 170,000 light ‘‘Harlem-Hudson Line,’’ extends from Board lacks jurisdiction over the proposal. The vehicles/year, will receive the CCC milepost 0.0 at Grand Central Terminal motion will be addressed in a subsequent Board modification label. in New York City to milepost 5.2 at Mott decision.

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By the Board, David M. Konschnik, Type of Review: Extension. expectancies of the beneficiaries of the Director, Office of Proceedings. Form: CT–2. trust to determine the required Vernon A. Williams, Description: Employee representatives minimum distribution, if certain Secretary. file Form CT–2 quarterly to report conditions are satisfied. [FR Doc. E6–20655 Filed 12–6–06; 8:45 am] compensation on which railroad Respondents: Individuals or BILLING CODE 4915–01–P retirement taxes are due. IRS uses this households. information to ensure that employee Estimated Total Burden Hours: 333 representatives have paid the correct hours. DEPARTMENT OF THE TREASURY tax. Form CT–2 also transmits the tax OMB Number: 1545–1694. payment. Title: Revenue Ruling 2000–35 Submission for OMB Review; Respondents: Individuals or Automatic Enrollment in Section 403(b) Comment Request households. Plans. Estimated Total Burden Hours: 127 Type of Review: Extension. December 1, 2006. hours Description: Revenue Ruling 2000–35 The Department of the Treasury has OMB Number: 1545–1858. describes certain criteria that must be submitted the following public Title: Notice 2003–67, Notice on met before an employee’s compensation information collection requirement(s) to Information Reporting for Payments in can be reduced and contributed to an OMB for review and clearance under the Lieu of Dividends. employer’s section 403(b) plan in the Paperwork Reduction Act of 1995, Type of Review: Extension. absence of an affirmative election by the Public Law 104–13. Copies of the Description: This notice provides employee. submission(s) may be obtained by guidance to brokers and individuals Respondents: State, local or tribal calling the Treasury Bureau Clearance regarding provisions in the Jobs and governments. Officer listed. Comments regarding this Growth Tax Relief Reconciliation Act of Estimated Total Burden Hours: 175 information collection should be 2003. The notice provides rules for hours. addressed to the OMB reviewer listed brokers to use in determining loanable Clearance Officer: Glenn P. Kirkland, and to the Treasury Department shares and rules for allocating (202) 622–3428, Internal Revenue Clearance Officer, Department of the transferred shares for purposes of Service, Room 6516, 1111 Constitution Treasury, Room 11000, 1750 determining payments in lieu of Avenue, NW., Washington, DC 20224. Pennsylvania Avenue, NW., dividend reportable to individuals. OMB Reviewer: Alexander T. Hunt, Washington, DC 20220. These rules require brokers to comply (202) 395–7316, Office of Management Dates: Written comments should be with certain recordkeeping and Budget, Room 10235, New received on or before January 8, 2007 to requirements to use the favorable rules Executive Office Building, Washington, be assured of consideration. for determining loanable shares and for DC 20503. Internal Revenue Service (IRS) allocating transferred shares that may give rise to payments in lieu of Robert Dahl, OMB Number: 1545–1550. dividends. Treasury PRA Clearance Officer. Type of Review: Extension. Respondents: Businesses and other [FR Doc. E6–20769 Filed 12–6–06; 8:45 am] Title: Notice 97–45, Highly for-profit institutions. BILLING CODE 4830–01–P Compensated Employee Definition. Estimated Total Burden Hours: 60,000 Description: This notice provides hours. guidance on the definition of a highly OMB Number: 1545–0135. DEPARTMENT OF THE TREASURY compensated employee within the Title: Extension of Time for Payment meaning of section 414(q) of the Internal of Taxes by a Corporation Expecting a Financial Crimes Enforcement Revenue Code as simplified by section Net Operating Loss Carryback. Network; Bank Secrecy Act Advisory 1431 of the Small Business Job Form: 1138. Group; Solicitation of Application for Protection Act of 1996, including an Type of Review: Extension. Membership employer’s option to make a top-paid Description: Form 1138 is filed by group election under section AGENCY: Financial Crimes Enforcement corporations to request an extension of Network (FinCEN), Treasury. 414(q)(1)(B)(ii). time to pay their income taxes, ACTION: Notice. Respondents: Businesses and other including estimated taxes. Corporations for-profit institutions. may only file for an extension when SUMMARY: FinCEN is inviting the public Estimated Total Burden Hours: 65,605 they expect a net operating loss hours. to nominate financial organizations and carryback in the tax year and want to trade groups for membership on the OMB Number: 1545–1849. delay the payment of taxes from a prior Bank Secrecy Act Advisory Group. New Type of Review: Extension. tax year. members will be selected for three-year Title: Employer/Payer Information. Respondents: Businesses and other membership terms. Form: 13460. for-profit institutions. DATES: Nominations must be received Description: Form 13460 is used to Estimated Total Burden Hours: 9,800 by January 8, 2007. assist filer’s who have under-reporter or hours. ADDRESSES: correction issues. Also, this form OMB Number: 1545–1573. Applications may be mailed expedites research of filer’s problems. Title: REG–130477–00; REG–130481– (not sent by facsimile) to Regulatory Respondents: Businesses and other 00 (Final), Required Distributions from Policy and Programs Division, Financial for-profit institutions. Retirement Plans. Crimes Enforcement Network, P.O. BOX Estimated Total Burden Hours: 50 Type of Review: Extension. 39, Vienna, VA 22183 or e-mailed to: hours. Description: The regulation permits a [email protected]. OMB Number: 1545–0002. taxpayer to name a trust as the FOR FUTHER INFORMATION CONTACT: Title: Employee Representative’s beneficiary of the employee’s benefit Yesenia Armijo, Regulatory Policy Quarterly Railroad Tax Return. under a retirement plan and use the life Specialist at 202–354–6400.

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SUPPLEMENTARY INFORMATION: The • State Regulatory Agency (1 DEPARTMENT OF THE TREASURY Annunzio-Wylie Anti-Money vacancy) Laundering Act of 1992 required the • State Regulator Trade Group (1 Office of Foreign Assets Control Secretary of the Treasury to establish a vacancy) Unblocking of Specially Designated Bank Secrecy Act Advisory Group • Industry Trade Group—Banking (BSAAG) consisting of representatives Narcotics Traffickers Pursuant to Sector (1 vacancy) Executive Order 12978 from Federal regulatory and law • Industry Trade Group—Casino (1 enforcement agencies, financial vacancy) AGENCY: Office of Foreign Assets institutions, and trade groups subject to • Industry Trade Group—Precious Control, Treasury. the reporting requirements of the Bank Metals, Stones, and Jewels (1 vacancy) 1 ACTION: Notice. Secrecy Act, 31 CFR 103 et seq. or • Industry Trade Group—Money Section 6050I of the Internal Revenue SUMMARY: The Treasury Department’s Code of 1986. The BSAAG is the means Services Business Sector (1 vacancy) • Office of Foreign Assets Control by which the Secretary receives advice Industry Representatives Banking (2 (‘‘OFAC’’) is publishing the names of on the operations of the Bank Secrecy vacancies) three individuals whose property and • Act. As chair of the BSAAG, the Industry Representatives Securities/ interests in property have been Director of FinCEN is responsible for Futures (2 vacancies) 2 unblocked pursuant to Executive Order ensuring that relevant issues are placed • Industry Representatives Money 12978 of October 21, 1995, Blocking before the BSAAG for review, analysis, Services Business (1 vacancy) Assets and Prohibiting Transactions and discussion. Ultimately, the BSAAG BSAAG members whose terms end as With Significant Narcotics Traffickers. will make policy recommendations to of February 28, 2007 3, are: DATES: The unblocking and removal the Secretary on issues considered. State Regulatory Agency from the list of Specially Designated New members will be selected to Narcotics Traffickers of the individuals serve a three-year term. Applications • New York State Banking identified in this notice whose property should consist of: Department and interests in property were blocked • Point of contact, title, address, e- State Regulator Trade Group pursuant to Executive Order 12978 of mail address, phone number October 21, 1995, occurred on • Description of the financial • California Bankers Association. November 28, 2006. institution or trade group and its Industry Trade Group—Banking Sector FOR FURTHER INFORMATION CONTACT: involvement with the Bank Secrecy Act, Jennifer Houghton, Assistant Director, • 31 C.F.R. 103 et seq. Independent Community Bankers Designation Investigations, Office of • Reasons why its participation on Association Foreign Assets Control, Department of the BSAAG will bring value to the group Industry Trade Group—Casino the Treasury, Washington, DC 20220, Entities may nominate themselves. tel.: 202/622–2420. • FinCEN is interested in bringing American Gaming Association. SUPPLEMENTARY INFORMATION: representatives from state regulatory Industry Trade Group—Money Services agencies, state regulator trade groups, Electronic and Facsimile Availability Business Sector self-regulatory organizations, industry This document and additional trade groups, and industry members • Financial Service Center of America information concerning OFAC are together with federal law enforcement Industry Representatives Banking available on OFAC’s Web site (http:// and federal regulatory agencies to help www.treas.gov/ofac) or via facsimile advise the Secretary of the Treasury on • Branch Bank & Trust through a 24-hour fax-on demand matters relating to the administration of • Pentagon Federal Credit Union service, tel.: (202) 622–0077. the Bank Secrecy Act. Members must be able and willing to make the necessary Industry Representatives Securities/ Background Futures time commitment to participate on sub- On October 21, 1995, the President committees throughout the year by • Morgan Stanley issued Executive Order 12978 (the phone and attend biannual plenary ‘‘Order’’) pursuant to the International meetings held in Washington DC in the Industry Representatives Money Emergency Economic Powers Act (50 spring and fall. Members will not be Services Business U.S.C. 1701–1706), the National remunerated for their time, services, or • American Express Emergencies Act (50 U.S.C. 1601 et travel. Dated: November 30, 2006. seq.), and section 301 of title 3, United In making the selections, FinCEN will States Code. Robert W. Werner, seek to complement current BSAAG In the Order, the President declared a members in terms of affiliation, Director, Financial Crimes Enforcement national emergency to address actions of Network. industry, and geographic representation. significant foreign narcotics traffickers The Director of FinCEN retains full [FR Doc. E6–20709 Filed 12–6–06; 8:45 am] centered in Colombia, and the discretion on all membership decisions. BILLING CODE 4810–02–P unparalleled violence, corruption, and The Director may consider prior years’ harm that they cause in the United applications when making selections 1 This is a newly created position in light of the States and abroad. The Order imposes and does not limit consideration to decision adopted at the May 2006 BSAAG Plenary. economic sanctions on foreign persons 2 An additional position was created in light of institutions nominated by the public the decision adopted at the May 2006 BSAAG who are determined to play a significant when making its selection. Plenary. role in international narcotics trafficking Based on current BSAAG position 3 State regulatory agencies, state regulator trade centered in Colombia; or materially to openings we encourage applications groups, self-regulatory organizations, and industry assist in, or provide financial or trade groups can serve renewable three-year terms from the following sectors or types of at the discretion of the Director of FinCEN. Industry technological support for or goods or organizations with experience working members may not serve consecutive terms but may services in support of, the narcotics on the Bank Secrecy Act: serve multiple terms. trafficking activities of persons

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designated in or pursuant to the order; On November 28, 2006, the Director 2. Forero Fernandez, Alberto Mario, or to be owned or controlled by, or to of OFAC removed from the list of c/o Happy Days S. de H., Barranquilla, act for or on behalf of, persons Specially Designated Narcotics Colombia; Cedula No. 8715143 designated in or pursuant to the Order. Traffickers the individuals listed below, (Colombia) (individual) [SDNT] whose property and interests in The Order included 4 individuals in 3. Zuniga Osorio, Marco Fidel, c/o property were blocked pursuant to EO the Annex, which resulted in the Laboratorios Blanco Pharma, Bogota, 12978. blocking of all property or interests in The list of the unblocked individuals Colombia; c/o Farmatodo S.A., Bogota, property of these persons that was or follows: Colombia; DOB 15 Apr 1967; Cedula thereafter came within the United States 1. Avila Barbosa, Edilberto, c/o GAD No. 72144581 (Colombia) (individual) or the possession or control of U.S. S.A., La Union, Valle, Colombia; c/o [SDNT] persons. The Order authorizes the Casa Grajales S.A., La Union, Valle, Dated: November 28, 2006. Secretary of the Treasury, in Colombia; c/o FREXCO S.A., La Union, Adam J. Szubin, consultation with the Attorney General Valle, Colombia; c/o International and the Secretary of State, to designate Freeze Dried S.A., Bogota, Colombia; Director, Office of Foreign Assets Control. additional persons or entities DOB 28 Apr 1963; POB Bogota, [FR Doc. E6–20772 Filed 12–6–06; 8:45 am] determined to meet certain criteria set Colombia; Cedula No. 79041212 BILLING CODE 4811–42–P forth in EO 12978. (Colombia) (individual) [SDNT]

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Part II

The President Executive Order 13416—Strengthening Surface Transportation Security

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Federal Register Presidential Documents Vol. 71, No. 235

Thursday, December 7, 2006

Title 3— Executive Order 13416 of December 5, 2006

The President Strengthening Surface Transportation Security

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the security of the Nation’s surface transportation systems and thereby enhance the protection of the people, property, and territory of the United States of America against terrorist attacks, it is hereby ordered as follows: Section 1. Policy. The security of our Nation’s surface transportation systems is a national priority, vital to our economy, and essential to the security of our Nation. Federal, State, local, and tribal governments, the private sector, and the public share responsibility for the security of surface transportation. It is the policy of the United States to protect the people, property, and territory of the United States by facilitating the implementation of a comprehensive, coordinated, and efficient security program to protect surface transportation systems within and adjacent to the United States against terrorist attacks. Sec. 2. Definitions. For purposes of this order: (a) ‘‘agencies’’ means those executive departments enumerated in 5 U.S.C. 101, independent establishments as defined by 5 U.S.C. 104(1), government corporations as defined by 5 U.S.C. 103(1), and the United States Postal Service; (b) ‘‘Secretary’’ means the Secretary of Homeland Security; (c) ‘‘security guideline’’ means any security-related guidance that the Sec- retary recommends, for implementation on a voluntary basis, to enhance the security of surface transportation; (d) ‘‘security requirement’’ means any ‘‘regulatory action’’ as defined in section 3 of Executive Order 12866 of September 30, 1993, as amended (Regulatory Planning and Review), including security directives when appropriate, to implement measures to enhance the security of surface transportation; (e) ‘‘surface transportation modes’’ means mass transit, commuter and long- distance passenger rail, freight rail, commercial vehicles (including intercity buses), and pipelines, and related infrastructure (including roads and highways), that are within the territory of the United States, but does not include electric grids; and (f) ‘‘surface transportation’’ means any conveyance of people, goods, or com- modities using one or more surface transportation modes. Sec. 3. Functions of the Secretary of Homeland Security. The Secretary is the principal Federal official responsible for infrastructure protection activities for surface transportation. To implement the policy set forth in section 1 of this order, the Secretary shall, consistent with the National Infrastructure Protection Plan (NIPP), in coordination with the Secretary of Transportation, and in consultation with the heads of other relevant agencies: (a) assess the security of each surface transportation mode and evaluate the effectiveness and efficiency of current Federal Government surface transportation security initiatives;

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(b) building upon current security initiatives, not later than December 31, 2006, develop a comprehensive transportation systems sector specific plan, as defined in the NIPP; (c) not later than 90 days after the comprehensive transportation systems sector specific plan is completed, develop an annex to such plan that addresses each surface transportation mode, which shall also include, at a minimum— (i) an identification of existing security guidelines and security requirements and any security gaps, a description of how the transportation systems sector specific plan will be implemented for such mode, and the respective roles, responsibilities, and authorities of Federal, State, local, and tribal governments and the private sector; (ii) schedules and protocols for annual reviews of the effectiveness of surface transportation security-related information sharing mechanisms in bringing about the timely exchange of surface transportation security information among Federal, State, local, and tribal governments and the private sector, as appropriate; and (iii) a process for assessing (A) compliance with any security guidelines and security requirements issued by the Secretary for surface transportation, and (B) the need for revision of such guidelines and requirements to ensure their continuing effectiveness; (d) in consultation with State, local, and tribal government officials and the private sector, not later than 180 days after the date of this order, identify surface transportation modes, or components thereof, that are subject to high risk of terrorist attack, draft appropriate security guidelines or security requirements to mitigate such risks, and ensure that, prior to their issuance, draft security requirements are transmitted to the Office of Management and Budget for review in accordance with Executive Order 12866 and draft security guidelines receive appropriate interagency review; (e) develop, implement, and lead a process, in collaboration with other agencies, State, local, and tribal governments, and the private sector, as appropriate, to coordinate research, development, testing, and evaluation of technologies (including alternative uses for commercial off-the-shelf technologies and products) relating to the protection of surface transportation, including— (i) determining product and technology needs to inform the requirements for and prioritization of research, development, testing, and evaluation, based on the security guidelines and security requirements developed pursuant to subsection (c) of this section and evolving terrorist threats to the security of surface transportation; (ii) collecting information on existing and planned research, development, testing, and evaluation efforts; and (iii) not later than 180 days after the date of this order, consistent with section 313 of the Homeland Security Act of 2002, as amended (6 U.S.C. 193), establishing and making available to Federal, State, local, and tribal government entities, and private sector owners and operators of surface transportation systems, lists of available technologies and products relating to the protection of surface transportation; and (f) use security grants authorized by law to assist in implementing security requirements and security guidelines issued pursuant to law and consistent with subsection (c) of this section. Sec. 4. Duties of Heads of Other Agencies. Heads of agencies, as appropriate, shall provide such assistance and information as the Secretary may request to implement this order. Sec. 5. General Provisions. This order: (a) shall be implemented consistent with applicable law and the authorities of agencies, or heads of agencies, vested by law, and subject to the availability of appropriations;

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(b) shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals; and (c) is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE, December 5, 2006.

[FR Doc. 06–9619 Filed 12–6–06; 11:43 am] Billing code 3195–01–P

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Reader Aids Federal Register Vol. 71, No. 235 Thursday, December 7, 2006

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING DECEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 380...... 69440 Presidential Documents 2 CFR Proposed Rules: Executive orders and proclamations 741–6000 901...... 70457 2...... 70692 The United States Government Manual 741–6000 3 CFR 33...... 70692 Other Services 40...... 70695 Proclamations: 365...... 70692 Electronic and on-line services (voice) 741–6020 8087...... 70455 366...... 70692 Privacy Act Compilation 741–6064 8088...... 70851 Public Laws Update Service (numbers, dates, etc.) 741–6043 8089...... 70853 19 CFR 741–6086 TTY for the deaf-and-hard-of-hearing Executive Orders: 12...... 69447 12866 (See EO ELECTRONIC RESEARCH 13416) ...... 71033 21 CFR 13415...... 70641 2...... 70870 World Wide Web 13416...... 71033 80...... 70873 Full text of the daily Federal Register, CFR and other publications 5 CFR 520...... 70302 is located at: http://www.gpoaccess.gov/nara/index.html 558...... 70304 Proposed Rules: 1301...... 69478 Federal Register information and research tools, including Public 3201...... 70325 Inspection List, indexes, and links to GPO Access are located at: Proposed Rules: http://www.archives. gov/federallregister 7 CFR 2...... 70912 1312...... 69504 E-mail 33...... 70643 981...... 70646 25 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 1220...... 69429 Proposed Rules: an open e-mail service that provides subscribers with a digital 1792...... 70275 form of the Federal Register Table of Contents. The digital form 292...... 70335 Proposed Rules: of the Federal Register Table of Contents includes HTML and 51...... 69497 PDF links to the full text of each document. 26 CFR 319...... 70330 1...... 70875, 70877 To join or leave, go to http://listserv.access.gpo.gov and select 981...... 70683 Online mailing list archives, FEDREGTOC-L, Join or leave the list Proposed Rules: (or change settings); then follow the instructions. 8 CFR 301...... 70335 PENS (Public Law Electronic Notification Service) is an e-mail 1003...... 70855 27 CFR service that notifies subscribers of recently enacted laws. 10 CFR Proposed Rules: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 70...... 69430 9...... 70472 and select Join or leave the list (or change settings); then follow 40...... 70476 the instructions. 433...... 70275 434...... 70275 41...... 70476 FEDREGTOC-L and PENS are mailing lists only. We cannot 435...... 70275 44...... 70476 respond to specific inquiries. 600...... 70457 45...... 70476 Reference questions. Send questions and comments about the 606...... 70457 28 CFR Federal Register system to: [email protected] 12 CFR Proposed Rules: The Federal Register staff cannot interpret specific documents or 570...... 70696 regulations. 205...... 69430 Proposed Rules: 29 CFR 205...... 69500 FEDERAL REGISTER PAGES AND DATE, DECEMBER 4022...... 69480 14 CFR 4044...... 69481 69429–70274...... 1 13...... 70460 Proposed Rules: 70275–70456...... 4 25...... 70646 825...... 69504 70457–70642...... 5 39 ...... 70284, 70286, 70294, 31 CFR 70643–70850...... 6 70297, 70300, 70648, 70857, 70851–71036...... 7 70860, 70862, 70865, 70868 1...... 69482 71 ...... 69438, 70302, 70465, 70650 33 CFR 73...... 70466 117 ...... 70305, 70467, 70468, 97...... 69438 70877 Proposed Rules: 165...... 69484 39...... 70908 Proposed Rules: 71...... 70909, 70911 165...... 69514, 69517 145...... 70254 401...... 70336 18 CFR 37 CFR 50...... 69440 253...... 69486

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40 CFR Proposed Rules: 49 CFR 235...... 70590 67...... 70930 52 ...... 69486, 70312, 70315, Proposed Rules: 236...... 70590 70468, 70880, 70883 47 CFR 171...... 69527 238...... 70590 63...... 70651 172...... 69527 239...... 70590 2...... 70671 70...... 70468, 70665 173...... 69527 240...... 70590 27...... 70906 122...... 69622 174...... 69527 241...... 70590 87...... 70671 180...... 70667, 70670 178...... 69527 571...... 70477 300...... 70318 Proposed Rules: 213...... 70590 Proposed Rules: Ch. I ...... 70709 214...... 70590 52 ...... 69519, 70338, 70339, 2...... 70710 215...... 70590 50 CFR 87...... 70710 70476, 70699, 70914, 70915 217...... 70590 229...... 70319, 70321 70...... 70476, 70702 218...... 70590 48 CFR 622...... 70680 81...... 70915 219...... 70590 648...... 70682, 70906 180...... 70703 201...... 69488 220...... 70590 665...... 69495 208...... 69489 221...... 70590 42 CFR 212...... 69489 222...... 70590 679...... 70323 405...... 69624 215...... 69492 223...... 70590 Proposed Rules: 410...... 69624 230...... 69492 224...... 70590 17 ...... 70479, 70483, 70715, 411...... 69624 232...... 69489 225...... 70590 70717 414...... 69624 252...... 69489, 69492 228...... 70590 229...... 70339 415...... 69624 253...... 69492 229...... 70590 622...... 70492 424...... 69624 Proposed Rules: 230...... 70590 648...... 70493 23...... 70937 231...... 70590 660...... 70939, 70941 44 CFR 36...... 70937 232...... 70590 665...... 69527 65...... 70885 52...... 70937 233...... 70590 679...... 70943 67...... 70894, 70904 719...... 70939 234...... 70590

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REMINDERS treatment approval; promulgation; various Independence of employee The items in this list were comments due by 12-11- States: benefit plan accountants; editorially compiled as an aid 06; published 10-11-06 California; comments due by comments due by 12-11- to Federal Register users. [FR E6-16754] 12-11-06; published 11-9- 06; published 9-11-06 [FR Inclusion or exclusion from Plant-related quarantine, 06 [FR E6-18874] E6-14913] this list has no legal domestic: Louisiana; comments due by INTERIOR DEPARTMENT significance. Asian longhorned beetle; 12-13-06; published 11- National Indian Gaming comments due by 12-11- 13-06 [FR E6-19020] Commission 06; published 10-11-06 Hazardous waste program Classification standards: RULES GOING INTO [FR E6-16755] authorizations: AGRICULTURE Idaho; comments due by Class II Gaming; bingo, EFFECT DECEMBER 7, lotto, et al. 2006 DEPARTMENT 12-11-06; published 11-9- Energy Policy and New 06 [FR E6-18486] Analytical reports Uses Office, Agriculture Louisiana; comments due by availability; comments AGRICULTURE Department 12-13-06; published 11- due by 12-15-06; DEPARTMENT Biobased products; 13-06 [FR E6-19089] published 11-13-06 [FR Agricultural Marketing designation guidance for FARM CREDIT E6-19065] Service Federal procurement; ADMINISTRATION TRANSPORTATION Export Apple Act: comments due by 12-11-06; Farm credit system: DEPARTMENT Pear provisions removed; published 10-11-06 [FR 06- Processing and marketing Federal Aviation published 12-6-06 08368] operations; eligibility and Administration HOUSING AND URBAN COMMERCE DEPARTMENT scope of financing; Air traffic operating and flight DEVELOPMENT National Oceanic and comments due by 12-15- rules, etc.: DEPARTMENT Atmospheric Administration 06; published 10-16-06 Chicago O’Hare International Fishery conservation and [FR E6-17170] HUD-owned properties: Airport, IL; congestion and management: HEALTH AND HUMAN delay reduction; HUD-acquired single family Alaska; fisheries of SERVICES DEPARTMENT comments due by 12-12- property disposition; Exclusive Economic Food and Drug 06; published 10-13-06 predatory lending Zone— Administration [FR 06-08651] practices; disciplinary Bering Sea and Aleutian Medical devices: Airworthiness directives: actions against HUD- Islands groundfish; Reprocessed single-use Airbus; comments due by qualified real estate Greenland turbot; devices; premarket 12-15-06; published 11- brokers; published 11-7-06 comments due by 12- notification exemptions 15-06 [FR E6-19228] JUSTICE DEPARTMENT 14-06; published 12-4- termination; validation Boeing; comments due by Executive Office for 06 [FR 06-09501] data submission 12-11-06; published 10- Immigration Review Marine mammals: requirement; comments 11-06 [FR E6-16670] Immigration Appeals Board; Commercial fishing due by 12-11-06; Dowty Propellers; comments composition of board and authorizations— published 9-25-06 [FR 06- due by 12-11-06; temporary board members; Atlantic Large Whale Take 08166] published 11-9-06 [FR E6- published 12-7-06 Reduction Plan; HOUSING AND URBAN comment request; DEVELOPMENT 18840] LEGAL SERVICES comments due by 12- DEPARTMENT Raytheon; comments due by CORPORATION 15-06; published 11-15- Agency information collection 12-11-06; published 10- Nondiscrimination on basis of 06 [FR 06-09206] activities; proposals, 10-06 [FR E6-16552] disability; published 11-7-06 DEFENSE DEPARTMENT submissions, and approvals; Airworthiness standards: TRANSPORTATION Personnel, military and civilian: comments due by 12-11-06; Special conditions— DEPARTMENT Armed Forces members published 10-10-06 [FR E6- Boeing Model 737-700 Federal Aviation serving on State or local 16616] IGW airplane; Administration juries; comments due by INTERIOR DEPARTMENT comments due by 12- Airworthiness directives: 12-11-06; published 10- Surface Mining Reclamation 15-06; published 10-31- 10-06 [FR E6-16643] Pratt & Whitney; published and Enforcement Office 06 [FR E6-18281] 11-2-06 Organizations seeking to Permanent program and General Electric Co. GEnx represent or organize abandoned mine land turbofan engine models; Armed Forces members reclamation plan Open for comments COMMENTS DUE NEXT in negotiation or collective submissions: until further notice; WEEK bargaining; policies; Indiana; comments due by published 11-17-06 [FR comments due by 12-11- 12-13-06; published 11- 06-09230] 06; published 10-12-06 AGRICULTURE 13-06 [FR E6-19085] Class D airspace; comments [FR E6-16926] DEPARTMENT Texas; comments due by due by 12-11-06; published ENERGY DEPARTMENT 12-13-06; published 11- Animal and Plant Health 10-25-06 [FR 06-08848] Federal Energy Regulatory 13-06 [FR E6-19084] Inspection Service Class D and Class E Commission Surface coal mining and airspace; comments due by Animal welfare: Electric utilities (Federal Power reclamation operations: Captive elephants; space 12-15-06; published 10-31- Act): Ownership, control, transfer, 06 [FR E6-18264] and living conditions; Transmission service; assignment or sale of comments due by 12-11- preventing undue permit rights; comments TRANSPORTATION 06; published 8-9-06 [FR discrimination and due by 12-11-06; DEPARTMENT E6-12935] preference; comments due published 10-10-06 [FR Federal Railroad Hawaiian and territorial by 12-15-06; published E6-16575] Administration quarantine notices: 11-27-06 [FR E6-19998] LABOR DEPARTMENT Practice and procedure: Bell pepper, eggplant, Italian ENVIRONMENTAL Employee Benefits Security Direct final rulemaking squash, and tomato PROTECTION AGENCY Administration procedures; expedited moved interstate from Air quality implementation Employee Retirement Income processing of Hawaii; vapor heat plans; approval and Security Act: noncontroversial changes;

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comments due by 12-11- H.R. 860/P.L. 109–376 Commissioner of Reclamation. 06; published 10-11-06 To provide for the conveyance (Dec. 1, 2006; 120 Stat. 2671) LIST OF PUBLIC LAWS [FR E6-16825] of the reversionary interest of S. 1140/P.L. 109–381 Railroad operating rules and the United States in certain To designate the State Route practices: This is a continuing list of lands to the Clint Independent 1 Bridge in the State of public bills from the current School District, El Paso Operational tests and Delaware as the ‘‘Senator session of Congress which County, Texas. (Dec. 1, 2006; inspections program; William V. Roth, Jr. Bridge’’. have become Federal laws. It 120 Stat. 2659) equipment, switches, and (Dec. 1, 2006; 120 Stat. 2672) derails handling; may be used in conjunction H.R. 1129/P.L. 109–377 comments due by 12-11- with ‘‘PLUS’’ (Public Laws S. 4001/P.L. 109–382 Update Service) on 202–741– Pitkin County Land Exchange 06; published 10-12-06 Act of 2006 (Dec. 1, 2006; New England Wilderness Act [FR 06-08568] 6043. This list is also of 2006 (Dec. 1, 2006; 120 available online at http:// 120 Stat. 2660) TRANSPORTATION Stat. 2673) www.archives.gov/federal- H.R. 3085/P.L. 109–378 DEPARTMENT register/laws.html. To amend the National Trails Last List November 29, 2006 Federal Transit System Act to update the Administration The text of laws is not feasibility and suitability study Clean Fuels Grant Program; published in the Federal originally prepared for the Trail Public Laws Electronic comments due by 12-15-06; Register but may be ordered of Tears National Historic Trail Notification Service in ‘‘slip law’’ (individual published 10-16-06 [FR E6- and provide for the inclusion (PENS) 17071] pamphlet) form from the of new trail segments, land TREASURY DEPARTMENT Superintendent of Documents, components, and U.S. Government Printing campgrounds associated with PENS is a free electronic mail Privacy Act; implementation; Office, Washington, DC 20402 that trail, and for other notification service of newly comments due by 12-11-06; (phone, 202–512–1808). The purposes. (Dec. 1, 2006; 120 enacted public laws. To published 11-9-06 [FR E6- text will also be made Stat. 2664) subscribe, go to http:// 18853] available on the Internet from H.R. 5842/P.L. 109–379 listserv.gsa.gov/archives/ VETERANS AFFAIRS GPO Access at http:// publaws-l.html DEPARTMENT www.gpoaccess.gov/plaws/ Pueblo of Isleta Settlement and Natural Resources Loan guaranty: index.html. Some laws may Note: This service is strictly Restoration Act of 2006 (Dec. Housing loans in default; not yet be available. for E-mail notification of new 1, 2006; 120 Stat. 2666) servicing, liquidating, and laws. The text of laws is not claims procedures; H.R. 409/P.L. 109–375 S. 101/P.L. 109–380 available through this service. comments due by 12-11- Sierra National Forest Land To convey to the town of PENS cannot respond to 06; published 11-27-06 Exchange Act of 2006 (Dec. Frannie, Wyoming, certain specific inquiries sent to this [FR 06-09403] 1, 2006; 120 Stat. 2656) land withdrawn by the address.

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