1–19–06 Thursday Vol. 71 No. 12 Jan. 19, 2006
Pages 2991–3204
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i II Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006
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Contents Federal Register Vol. 71, No. 12
Thursday, January 19, 2006
Agricultural Research Service Ports and waterways safety; regulated navigation areas, NOTICES safety zones, security zones, etc.: Patent licenses; non-exclusive, exclusive, or partially Charleston, SC; Cooper River, Hog Island Channel; Grace exclusive: Memorial and Silas Pearman Bridges, 3005–3007 Peaks and Prairies, L.L.C., 3049 Charleston, SC; Town Creek Channel; Grace Memorial and Silas Pearman Bridges, 3007–3009 Agriculture Department Tampa Bay, FL, 3003–3005 See Agricultural Research Service PROPOSED RULES See Animal and Plant Health Inspection Service Anchorage regulations: See Rural Utilities Service New York, 3025–3027 Regattas and marine parades: Air Force Department VYC Fleet Parade, 3027–3029 NOTICES Active military service and discharge determinations: Commerce Department U.S. and foreign civilian employees of CAT, Inc. (1950- See International Trade Administration 1951, 1958-1962) and Air America (1959-1962, 1964- See National Oceanic and Atmospheric Administration 1975) in various Asian countries, 3058–3059 NOTICES Agency information collection activities; proposals, Alcohol, Tobacco, Firearms, and Explosives Bureau submissions, and approvals, 3050 NOTICES Committee for the Implementation of Textile Agreements Agency information collection activities; proposals, NOTICES submissions, and approvals, 3120–3121 Textile and apparel categories: Commercial availability actions— Animal and Plant Health Inspection Service Compacted, plied, ring sup cotton yarns, with yarns, RULES 3057–3058 Interstate transportation of animals and animal products (quarantine): Corporation for National and Community Service Brucellosis in cattle— NOTICES State and area classifications, 2991–2993 Meetings: National Civilian Community Corps Advisory Board, Antitrust Division 3058 NOTICES Agency information collection activities; proposals, Customs and Border Protection Bureau submissions, and approvals, 3121–3122 RULES Merchandise, special classes: Army Department Archaeological and ethnological material from— See Engineers Corps Italy; pre-Classical, Classical, and Imperial Roman NOTICES periods, 3000–3001 Environmental statements; availability, etc.: Fort Irwin, CA; maneuver training land addition, 3059 Defense Department See Air Force Department Arts and Humanities, National Foundation See Army Department See National Foundation on the Arts and the Humanities See Engineers Corps
Centers for Disease Control and Prevention Education Department NOTICES NOTICES Energy Employees Occupational Illness Compensation Agency information collection activities; proposals, Program Act; implementation: submissions, and approvals, 3061–3062 Lymphoma; dose reconstruction target organ selection, Grants and cooperative agreements; availability, etc.: 3095–3096 Elementary and secondary education— Meetings: Advanced Placement Test Fee Program, 3062–3063 Disease, Disability, and Injury Prevention and Control State educational agencies expenditure and revenue data Special Emphasis Panel, 3096 submission, 3063–3064 Fetal Alcohol Syndrome and Fetal Alcohol Effect National Task Force, 3096 Employment Standards Administration Immunization Practices Advisory Committee, 3096–3097 NOTICES Agency information collection activities; proposals, Coast Guard submissions, and approvals, 3125–3126 RULES Anchorage regulations: Energy Department California, 3001–3003 See Federal Energy Regulatory Commission
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Engineers Corps Environmental statements; availability, etc.: NOTICES Appalachian Power Co., 3082 Environmental statements; notice of intent: Environmental statements; notice of intent: New Hanover County, NC; Wilmington Harbor - 96 Act Millennium Pipeline Co. L.P. et al., 3082–3086 Project; general reevaluation report, 3059–3060 Wyckoff Gas Storage Co., LLC, 3086–3088 Yuba County, CA; Yuba River Basin Project, 3060–3061 Hydroelectric applications, 3088–3090 Meetings; Sunshine Act, 3090–3091 Environmental Protection Agency Applications, hearings, determinations, etc.: RULES ANR Pipeline Co., 3066 Air quality implementation plans; approval and BP Transportation (Alaska) Inc., 3066–3067 promulgation; various States: Central New York Oil & Gas Co., LLC, 3067 Texas, 3009–3014 Cheniere Corpus Christi Pipeline Co., 3067–3068 PROPOSED RULES Cheniere Sabine Pass Pipeline Co., 3068 Air quality implementation plans; approval and Columbia Gas Transmission Corp., 3068 promulgation; various States: Dominion Transmission, Inc., 3068–3069 Texas, 3029 Energy Department et al., 3069 Gas Transmission Northwest Corp., 3069–3070 Executive Office of the President Geneva Energy, LLC, 3070–3071 See Presidential Documents Great Lakes Gas Transmission Limited Partnership, 3071 Farm Credit System Insurance Corporation Mirant NY-Gen, LLC, et al., 3071 NOTICES North Baja Pipeline, LLC, 3071–3072 Meetings: Power Bidding Strategies, LLC, 3072 Farm Credit System Insurance Corporation Board, 3091 Public Service Electric & Gas Co., 3072 Tennessee Gas Pipeline Co., 3072–3073 Federal Aviation Administration TransColorado Gas Transmission Co., 3073 RULES Transcontinental Gas Pipe Line Corp., 3073 Airworthiness directives: Weichert Enterprise IV, LLC, et al., 3074 Airbus, 2995–2997 Turbomeca S.A., 2993–2994 Federal Maritime Commission Class E airspace, 2998 NOTICES Correction, 2997–2998 Agreements filed, etc., 3092 IFR altitudes, 2998–2999 Ocean transportation intermediary licenses: PROPOSED RULES A.S.A.P. Transport Ltd. et al., 3093 Airworthiness directives: General Cargo & Logistics, 3093 Aerospatiale, 3023–3025 Khan Trans Inc. et al., 3093–3094 Airbus, 3021–3023 NOTICES Federal Reserve System Environmental statements; availability, etc.: NOTICES Midwest Airspace Enhancement Project, OH and MI, Banks and bank holding companies: 3149 Formations, acquisitions, and mergers, 3094 Federal Communications Commission Federal Transit Administration RULES NOTICES Common carrier services: Reports and guidance documents; availability, etc.: Payphones; dial-around calls; default compensation rate New Starts Program, 3149–3150 increase; correction, 3014–3015 PROPOSED RULES Fish and Wildlife Service Common carrier services: PROPOSED RULES Commercial mobile radio services— Endangered and threatened species: Roaming obligations; reexamination, 3029–3030 Graham’s beardtongue, 3158–3196 NOTICES Agency information collection activities; proposals, Food and Drug Administration submissions, and approvals, 3091–3092 NOTICES Meetings; Sunshine Act, 3092 Human drugs: New drug applications— Federal Emergency Management Agency Able Laboratories, Inc.; approval withdrawn, 3097– NOTICES 3098 Agency information collection activities; proposals, submissions, and approvals, 3112–3114 Geological Survey NOTICES Federal Energy Regulatory Commission Patent licenses; non-exclusive, exclusive, or partially NOTICES exclusive: Agency information collection activities; proposals, Columbia Analytical Services, Inc., 3116 submissions, and approvals, 3064–3066 Complaints filed: Health and Human Services Department El Paso Electric Co., 3074 See Centers for Disease Control and Prevention Electric rate and corporate regulation combined filings, See Food and Drug Administration 3074–3082 See Indian Health Service
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See National Institutes of Health Oil and gas leases: NOTICES Nevada, 3117 Meetings: Survey plat filings: National Vaccine Advisory Committee, 3094–3095 Montana, 3117 Homeland Security Department Maritime Administration See Coast Guard NOTICES See Customs and Border Protection Bureau Coastwise trade laws; administrative waivers: See Federal Emergency Management Agency ADIRONDACK, 3150 NOTICES ARCTIC TRAVELLER, 3150–3151 Foreign airport security determinations: CECILIA, 3151 Bandara Ngurah Rai International Airport, Indonesia; MO-JO, 3151 aircraft security and transiting passengers safety, 3107 National Aeronautics and Space Administration National Bio and Agro-Defense Facility; potential sites, NOTICES 3107–3109 Meetings: Privacy Act; systems of records, 3109–3112 Aerospace Safety Advisory Panel, 3126–3127
Housing and Urban Development Department National Foundation on the Arts and the Humanities NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 3114–3116 submissions, and approvals, 3127
Indian Health Service National Highway Traffic Safety Administration NOTICES NOTICES Agency information collection activities; proposals, Motor vehicle safety standards; exemption petitions, etc.: submissions, and approvals, 3098–3099 Kawasaki Motors Corp., U.S.A., 3152 Grant and cooperative agreement awards: Pacific Coast Retreaders, Inc., 3152–3153 Indian Health Scholarship Program; recipients list, 3099– Motor vehicle theft prevention standards; exemption 3105 petitions, etc.: Nissan North America, Inc., 3153 Interior Department See Fish and Wildlife Service National Institutes of Health See Geological Survey NOTICES See Land Management Bureau Agency information collection activities; proposals, See National Park Service submissions, and approvals, 3105–3107 Meetings: International Trade Administration National Cancer Institute, 3107 NOTICES North American Free Trade Agreement (NAFTA); National Oceanic and Atmospheric Administration binational panel reviews: RULES Soft wood lumber products from— Fishery conservation and management: Canada, 3051–3052 Caribbean, Gulf, and South Atlantic fisheries— Red grouper, 3018–3020 Justice Department Northeastern United States fisheries— See Alcohol, Tobacco, Firearms, and Explosives Bureau Spiny dogfish, 3016–3018 See Antitrust Division PROPOSED RULES See Justice Programs Office Endangered and threatened species: See Parole Commission Marine and anadromous species— NOTICES West Coast salmonids; 27 evolutionary significant Agency information collection activities; proposals, units; listing determinations; withdrawn, 3033– submissions, and approvals, 3119–3120 3048 NOTICES Justice Programs Office Meetings: NOTICES Climate Change Science Program Product Development Agency information collection activities; proposals, Committee for Synthesis and Assessment Product submissions, and approvals, 3122–3123 1.1, 3053 Scientific research permit determinations, etc., 3053 Labor Department Vessel monitoring systems; mobile transmitting units; type See Employment Standards Administration approval requirements, 3053–3057 NOTICES Agency information collection activities; proposals, National Park Service submissions, and approvals, 3123–3125 NOTICES Environmental statements; availability, etc.: Land Management Bureau Denali National Park and Preserve, AK; general NOTICES management plan, 3118–3119 Meetings: National Park System: Resource Advisory Councils— Glacier Bay National Park and Preserve, AK; cruise ship Alaska, 3116–3117 quota increase, 3119
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Nuclear Regulatory Commission Surface Transportation Board NOTICES PROPOSED RULES Meetings; Sunshine Act, 3127–3128 Practice and procedure: Expedited abandonment procedure for Class II and Class Parole Commission III railroads; class exemption, 3030–3033 NOTICES NOTICES Railroad services abandonment: Meetings; Sunshine Act, 3123 Yakima Interurban Lines Association, 3153–3154
Personnel Management Office Textile Agreements Implementation Committee RULES See Committee for the Implementation of Textile Acquisition regulations: Agreements Federal Employees Health Benefits Program— Technical amendments, 3015–3016 Transportation Department See Federal Aviation Administration See Federal Transit Administration Presidential Documents See Maritime Administration PROCLAMATIONS See National Highway Traffic Safety Administration Special observances: See Surface Transportation Board Martin Luther King, Jr., Federal Holiday (Proc. 7973), NOTICES 3197–3200 Agency information collection activities; proposals, Religious Freedom Day (Proc. 7974), 3201 submissions, and approvals, 3148 EXECUTIVE ORDERS Aviation proceedings: Global Fund to Fight AIDS, Tuberculosis and Malaria; Certificates of public convenience and necessity and designation under the International Organizations foreign air carrier permits; weekly applications, 3148 Immunities Act (EO 13395), 3203 Treasury Department Rural Utilities Service RULES NOTICES Merchandise, special classes: Environmental statements; availability, etc.: Archaeological and ethnological material from— Great River Energy, 3049–3050 Italy; pre-Classical, Classical, and Imperial Roman periods, 3000–3001 Securities and Exchange Commission Veterans Affairs Department NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 3128 submissions, and approvals, 3154–3156 Securities: Suspension of trading— Smart Online, Inc., 3129 Self-regulatory organizations; proposed rule changes: Separate Parts In This Issue American Stock Exchange LLC, 3129–3137 Boston Stock Exchange, Inc., 3137–3138 Part II Chicago Board Options Exchange, Inc., 3138–3141 Interior Department, Fish and Wildlife Service, 3158–3196 Fixed Income Clearing Corp., 3141–3142 International Securities Exchange, Inc., 3142–3145 Part III Pacific Exchange, Inc., 3145–3147 Executive Office of the President, Presidential Documents, Applications, hearings, determinations, etc.: 3197–3203 Cash Systems, Inc., 3128–3129
Reader Aids Small Business Administration Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, reminders, Agency information collection activities; proposals, and notice of recently enacted public laws. submissions, and approvals, 3147 To subscribe to the Federal Register Table of Contents State Department LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Organization, functions, and authority delegations: archives, FEDREGTOC-L, Join or leave the list (or change Assistant Secretary for Administration, 3148 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: 7973...... 3199 7974...... 3201 Executive Orders: 13395...... 3203 9 CFR 78...... 2991 14 CFR 39 (2 documents) ....2993, 2995 71 (2 documents) ....2997, 2998 95...... 2998 Proposed Rules: 39 (2 documents) ....3021, 3023 19 CFR 12 (2 documents) ...... 3000 33 CFR 110...... 3001 165 (3 documents) ...... 3003, 3005, 3007 Proposed Rules: 110...... 3025 165...... 3027 40 CFR 52...... 3009 Proposed Rules: 52...... 3029 47 CFR 64...... 3014 Proposed Rules: 20...... 3029 48 CFR 1631...... 3015 1644...... 3015 1652...... 3015 49 CFR Proposed Rules: 1105...... 3030 50 CFR 622...... 3018 648...... 3016 Proposed Rules: 17...... 3158 223...... 3033
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Rules and Regulations Federal Register Vol. 71, No. 12
Thursday, January 19, 2006
This section of the FEDERAL REGISTER River Road Unit 118, Riverdale, MD Free. The Class C classification is for contains regulatory documents having general 20737–1238. Please state that your States or areas that exceed, during any applicability and legal effect, most of which comment refers to Docket No. APHIS– consecutive 12-month period, a herd are keyed to and codified in the Code of 2006–0001. infection rate of 1.5 percent or 15 herds Federal Regulations, which is published under Reading Room: You may read any per 1,000. Class B and Class A fall 50 titles pursuant to 44 U.S.C. 1510. comments that we receive on this between these two extremes. The Code of Federal Regulations is sold by docket in our reading room. The reading Restrictions on moving cattle interstate the Superintendent of Documents. Prices of room is located in room 1141 of the become less stringent as a State new books are listed in the first FEDERAL USDA South Building, 14th Street and approaches or achieves Class Free REGISTER issue of each week. Independence Avenue, SW., status. Washington, DC. Normal reading room The standards for the different hours are 8 a.m. to 4:30 p.m., Monday classifications of States or areas entail DEPARTMENT OF AGRICULTURE through Friday, except holidays. To be (1) maintaining a cattle herd infection sure someone is there to help you, rate not to exceed a stated level during Animal and Plant Health Inspection please call (202) 690–2817 before 12 consecutive months; (2) tracing back Service coming. to the farm of origin and successfully Other Information: Additional closing a stated percentage of all 9 CFR Part 78 information about APHIS and its brucellosis reactors found in the course [Docket No. APHIS–2006–0001] programs is available on the Internet at of Market Cattle Identification (MCI) http://www.aphis.usda.gov. testing; (3) maintaining a surveillance Brucellosis in Cattle; State and Area FOR FURTHER INFORMATION CONTACT: Dr. system that includes testing of dairy Classifications; ID Debra Donch, National Brucellosis herds, participation of all recognized AGENCY: Animal and Plant Health Epidemiologist, National Center for slaughtering establishments in the MCI Inspection Service, USDA. Animal Health Programs, VS, APHIS, program, identification and monitoring ACTION: Interim rule and request for 4700 River Road Unit 43, Riverdale, MD of herds at high risk of infection comments. 20737–1231; (301) 734–6954. (including herds adjacent to infected SUPPLEMENTARY INFORMATION: herds and herds from which infected SUMMARY: We are amending the animals have been sold or received), brucellosis regulations concerning Background and having an individual herd plan in interstate movement of cattle by Brucellosis is a contagious disease effect within a stated number of days changing the classification of Idaho caused by bacteria of the genus Brucella. after the herd owner is notified of the from Class Free to Class A. We have The disease mainly affects cattle, bison, finding of brucellosis in a herd he or she determined that Idaho no longer meets and swine, but goats, sheep, horses, and owns; and (4) maintaining minimum the standards for Class Free status. This even humans are susceptible. In its procedural standards for administering action is necessary to prevent the principal animal hosts, it causes loss of the program. interstate spread of brucellosis. young through spontaneous abortion or If a single herd in a Class Free State DATES: This interim rule was effective birth of weak offspring, reduced milk is found to be affected with brucellosis, January 12, 2006. We will consider all production, and infertility. There is no the State may retain its Class Free status comments that we receive on or before economically feasible treatment for if it meets the conditions described in March 20, 2006. brucellosis in livestock. In humans, paragraph (b)(4) of the definition of ADDRESSES: You may submit comments brucellosis initially causes flu-like Class Free State or area in § 78.1. A by either of the following methods: symptoms, but the disease may develop State may retain its status in this • Federal eRulemaking Portal: Go to into a variety of chronic conditions, manner only once during any 2-year http://www.regulations.gov and, in the including arthritis. Humans can be period. The following conditions must ‘‘Search for Open Regulations’’ box, treated for brucellosis with antibiotics. be satisfied within 60 days of the select ‘‘Animal and Plant Health The brucellosis regulations, contained identification of the infected animal: Inspection Service’’ from the agency in 9 CFR part 78 (referred to below as 1. The affected herd must be drop-down menu, then click on the regulations), provide a system for immediately quarantined, tested for ‘‘Submit.’’ In the Docket ID column, classifying States or portions of States brucellosis, and depopulated; and select APHIS–2006–0001 to submit or according to the rate of Brucella 2. An epidemiological investigation view public comments and to view infection present and the general must be performed and the investigation supporting and related materials effectiveness of a brucellosis control and must confirm that brucellosis has not available electronically. After the close eradication program. The classifications spread from the affected herd. All herds of the comment period, the docket can are Class Free, Class A, Class B, and on premises adjacent to the affected be viewed using the ‘‘Advanced Search’’ Class C. States or areas that do not meet herd (adjacent herds), all herds from function in Regulations.gov. the minimum standards for Class C are which animals may have been brought • Postal Mail/Commercial Delivery: required to be placed under Federal into the affected herd (source herds), Please send four copies of your quarantine. and all herds that may have had contact comment (an original and three copies) The brucellosis Class Free with or accepted animals from the to Docket No. APHIS–2006–0001, classification is based on a finding of no affected herd (contact herds) must be Regulatory Analysis and Development, known brucellosis in cattle for the 12 epidemiologically investigated, and PPD, APHIS, Station 3A–03.8, 4700 months preceding classification as Class each of those herds must be placed
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under an approved individual herd contrary to the public interest and that percent of the value of the animal plan. If the investigating epidemiologist there is good cause under 5 U.S.C. 553 intended for interstate movement. It is determines that a herd blood test for a for making this rule effective less than estimated that 17 percent of the cattle in particular adjacent herd, source herd, or 30 days after publication in the Federal Idaho destined for feeding and breeding contact herd is not warranted, the Register. purposes are transported out of State. epidemiologist must include that We will consider comments we Therefore, the estimated increase in determination, and the reasons receive during the comment period for industry costs associated with a supporting it, in the individual herd this interim rule (see DATES above). reclassification of Idaho to a Class A plan. After the comment period closes, we status may range between $2.6 and $5.3 After the close of the 60-day period will publish another document in the million. following the identification of the Federal Register. The document will The more a particular herd owner is infected animal, APHIS will conduct a include a discussion of any comments involved in interstate movement, the review to confirm that the requirements we receive and any amendments we are greater the economic expense he or she have been satisfied and that the State is making to the rule. will incur as a result of this rule. in compliance with all other applicable Executive Order 12866 and Regulatory However, it is clear that this change in provisions. Flexibility Act status will not represent an Prior to the effective date of this economically significant loss for cattle interim rule, Idaho was classified as a This rule has been reviewed under and calves herd owners in Idaho. While Class Free State. On November 14, 2005, Executive Order 12866. For this action, this change in status will result in we confirmed the discovery of a the Office of Management and Budget additional requirements for interstate brucellosis-affected herd in Idaho. In has waived its review under Executive movement of cattle for Idaho producers, accordance with § 78.1, the State took Order 12866. the benefits of the restriction in immediate measures to maintain its This rule amends the brucellosis preventing the spread of brucellosis to Class Free status. However, on regulations concerning interstate other parts of the United States exceeds November 29, 2005, another brucellosis- movement of cattle by changing the the additional costs of brucellosis affected herd was confirmed. With the classification of Idaho from Class Free to testing. discovery of the second affected herd, Class A. We have determined that Idaho The Cooperative State/Federal Idaho no longer meets the standards for no longer meets the standards for Class Brucellosis Eradication Program has Class Free status. Therefore, we are Free status. This action is necessary to produced undeniable benefits since its removing Idaho from the list of Class prevent the spread of brucellosis in the implementation. Annual losses from Free States or areas in § 78.41(a) and United States. lowered milk production, aborted calves adding it to the list of Class A States or On January 1, 2005, there were 10,600 and pigs, and reduced breeding cattle and calves operations in Idaho areas in § 78.41(b). efficiency were more than $400 million with a total inventory of approximately Under the definition of Class A State in 1952 before the program began. 2.07 million head of cattle. Industry or Area in § 78.1, the regulations require Today, such annual losses are estimated statistics indicate the average value per that to attain and maintain Class A at less than $1 million. Studies indicate head of cattle in Idaho is $1,080, with status, a State or area must (1) not the costs of producing beef and milk a reported cash value totaling over $2.24 exceed a cattle herd infection rate, due would increase by an estimated $80 billion. The small business size to field strain Brucella abortus, of 0.25 million annually in less than 10 years if standards for cattle operations, as percent or 2.5 herds per 1,000 based on the program were discontinued. the number of reactors found within the identified by the Small Business The change in the status of Idaho to State during any 12 consecutive months, Administration based upon the North Class A will lead to additional costs except in States with 10,000 or fewer American Industry Classification associated with brucellosis testing that herds; (2) trace to the farm of origin at System (NAICS) code 112111, is will range from 0.6 to 1.3 percent of the least 90 percent of all brucellosis $750,000 or less in annual receipts. It is value of the animals moved interstate. reactors found in the course of MCI estimated that 96 percent of the cattle APHIS does not expect additional costs testing; (3) successfully close at least 95 and calves operations in Idaho are small of this magnitude to have a significant percent of the MCI reactor cases traced businesses. impact on affected small-entity A reclassification from Class Free to to the farm of origin during the 12 producers. consecutive month period immediately Class A status with respect to Under these circumstances, the prior to the most recent anniversary of brucellosis will result in movement Administrator of the Animal and Plant the date the State or area was classified restrictions for cattle where previously Health Inspection Service has Class A; and (4) have a specified none existed. Specifically, all bovine determined that this action will not surveillance system, as described above, animals to be moved interstate, except have a significant economic impact on including an approved individual herd those moving directly to slaughter or to a substantial number of small entities. plan in effect within 15 days of locating quarantined feedlots, must test negative a source herd or recipient herd. After to a brucellosis test prior to interstate Executive Order 12372 reviewing the brucellosis program movement. The estimated cost for This program/activity is listed in the records for Idaho, we have concluded brucellosis testing, which would Catalog of Federal Domestic Assistance that this State meets the standards for include veterinary fees and handling under No. 10.025 and is subject to Class A status. expenses, is between $7.50 and $15 per Executive Order 12372, which requires test. The expenses incurred as a result intergovernmental consultation with Emergency Action of this reclassification in status are not State and local officials. (See 7 CFR part This rulemaking is necessary on an expected to be significant for cattle and 3015, subpart V.) emergency basis to prevent the calf owners in Idaho. Considering the interstate spread of brucellosis. Under average value per animal in Idaho was Executive Order 12988 these circumstances, the Administrator $1,080 in 2005, the additional costs to This rule has been reviewed under has determined that prior notice and producers associated with brucellosis Executive Order 12988, Civil Justice opportunity for public comment are testing are roughly between 0.6 and 1.3 Reform. This rule: (1) Preempts all State
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and local laws and regulations that are injector half manifold, left injector half Conclusion in conflict with this rule; (2) has no manifold, and privilege injector pipe. We carefully reviewed the available retroactive effect; and (3) does not This AD requires the same actions, but data and determined that air safety and require administrative proceedings relaxes the compliance time for the the public interest require adopting the before parties may file suit in court repetitive replacements on Arrius 2F AD as proposed. challenging this rule. engines. This AD results from Turbomeca relaxing the repetitive Costs of Compliance Paperwork Reduction Act replacement interval for Arrius 2F About 266 Turbomeca S.A. Arrius This interim rule contains no engine fuel nozzles based on review of Models 2B, 2B1, and 2F turboshaft information collection or recordkeeping returned fuel nozzles to Turbomeca. We engines of the affected design are in the requirements under the Paperwork are issuing this AD to prevent engine worldwide fleet. We estimate that 124 of Reduction Act of 1995 (44 U.S.C. 3501 flameout during rapid deceleration, or these engines are installed on et seq.). the inability to maintain the 2.5 minutes helicopters of U.S. registry. We also List of Subjects in 9 CFR Part 78 one engine inoperative (OEI) rating, and estimate that it will take about two work to prevent air path cracks due to hours per engine to perform these Animal diseases, Bison, Cattle, Hogs, blockage of the fuel injection manifolds. actions, and that the average labor rate Quarantine, Reporting and is $65 per work hour. Required parts DATES: This AD becomes effective recordkeeping requirements, will cost about $14,320 per engine. The Transportation. February 23, 2006. The Director of the Federal Register approved the manufacturer has advised the DGAC I Accordingly, we are amending 9 CFR incorporation by reference of certain that it may provide the parts at no cost part 78 as follows: publications listed in the regulations as to the operator, thereby substantially of February 23, 2006. reducing the cost of this rule. Based on PART 78—BRUCELLOSIS these figures, we estimate the total cost ADDRESSES: I 1. The authority citation for part 78 You can get the service of the AD to U.S. operators to replace all continues to read as follows: information identified in this AD from the affected parts one time to be Turbomeca S.A., 40220 Tarnos, France; $1,791,800. Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, telephone: (33) 05 59 64 40 00; fax: (33) 2.80, and 371.4. 05 59 64 60 80. Authority for This Rulemaking Title 49 of the United States Code § 78.41 [Amended] You may examine the AD docket at the FAA, New England Region, Office of specifies the FAA’s authority to issue I 2. Section 78.41 is amended as the Regional Counsel, 12 New England rules on aviation safety. Subtitle I, follows: Executive Park, Burlington, MA. Section 106, describes the authority of I a. In paragraph (a), by removing the the FAA Administrator. Subtitle VII, word ‘‘Idaho,’’. FOR FURTHER INFORMATION CONTACT: Aviation Programs, describes in more I b. In paragraph (b), by removing the Christopher Spinney, Aerospace detail the scope of the Agency’s word ‘‘Texas’’ and adding the words Engineer, Engine Certification Office, authority. ‘‘Idaho, Texas,’’ in its place. FAA, Engine and Propeller Directorate, We are issuing this rulemaking under 12 New England Executive Park, the authority described in Subtitle VII, Done in Washington, DC, this 12th day of Burlington, MA 01803–5299; telephone January 2006. Part A, Subpart III, Section 44701, (781) 238–7175; fax (781) 238–7199. W. Ron DeHaven, ‘‘General requirements.’’ Under that section, Congress charges the FAA with Administrator, Animal and Plant Health SUPPLEMENTARY INFORMATION: The FAA Inspection Service. proposed to amend 14 CFR part 39 with promoting safe flight of civil aircraft in air commerce by prescribing regulations [FR Doc. 06–472 Filed 1–18–06; 8:45 am] a proposed AD. The proposed AD for practices, methods, and procedures BILLING CODE 3410–34–P applies to Turbomeca S.A. Arrius Models 2B, 2B1, and 2F turboshaft the Administrator finds necessary for engines. We published the proposed AD safety in air commerce. This regulation is within the scope of that authority DEPARTMENT OF TRANSPORTATION in the Federal Register on May 27, 2005 (70 FR 30651). That action proposed to because it addresses an unsafe Federal Aviation Administration relax time requirements for the condition. replacement of the right injector half Regulatory Findings 14 CFR Part 39 manifold, left injector half manifold, and privilege injector pipe on Arrius 2F We determined that this AD will not [Docket No. 2000–NE–12–AD; Amendment engines. have federalism implications under 39–14423; AD 2001–08–14R1] Executive Order 13132. This AD will Examining the AD Docket RIN 2120–AA64 not have a substantial direct effect on the States, on the relationship between You may examine the AD Docket Airworthiness Directives; Turbomeca the national government and the States, (including any comments and service or on the distribution of power and S.A. Arrius Models 2B, 2B1, and 2F information), by appointment, between Turboshaft Engines responsibilities among the various 8 a.m. and 4:30 p.m., Monday through levels of government. AGENCY: Federal Aviation Friday, except Federal holidays. See For the reasons discussed above, I Administration (FAA), DOT. ADDRESSES for the location. certify that this AD: ACTION: Final rule. Comments (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; SUMMARY: The FAA is revising an We provided the public the (2) Is not a ‘‘significant rule’’ under existing airworthiness directive (AD) for opportunity to participate in the DOT Regulatory Policies and Procedures Turbomeca S.A. Arrius Models 2B, 2B1, development of this AD. We received no (44 FR 11034, February 26, 1979); and and 2F turboshaft engines. That AD comments on the proposal or on the (3) Will not have a significant currently requires replacing the right determination of the cost to the public. economic impact, positive or negative,
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on a substantial number of small entities subject to the requirements of this AD. For 2004, for Arrius 2F turboshaft engines, except under the criteria of the Regulatory engines that have been modified, altered, or that replacement may be done at any Flexibility Act. repaired so that the performance of the appropriately rated repair shop, as follows: We prepared a summary of the costs requirements of this AD is affected, the (1) For Arrius 2B and 2B1 engines, replace to comply with this AD and placed it in owner/operator must request approval for an within 200 hours TIS since last injector alternative method of compliance in the AD Docket. You may get a copy of manifolds replacement. accordance with paragraph (d) of this AD. (2) For Arrius 2F engines, replace within this summary by sending a request to us The request should include an assessment of 400 hours TIS since last injector manifolds at the address listed under ADDRESSES. the effect of the modification, alteration, or replacement. Include ‘‘AD Docket No. 2000–NE–12– repair on the unsafe condition addressed by (3) For all engines, replace injector AD’’ in your request. this AD; and, if the unsafe condition has not manifolds before further flight after been eliminated, the request should include List of Subjects in 14 CFR Part 39 performing the applicable flight manual or specific proposed actions to address it. overhaul manual power check if that check Air transportation, Aircraft, Aviation Compliance shows a negative turbine outlet temperature safety, Incorporation by Reference, (TOT) margin or negative T4 margin. Safety. You are responsible for having the actions required by this AD performed within the Definition Adoption of the Amendment compliance times specified unless the (c) For the purposes of this AD, time-in- actions have already been done. I Accordingly, under the authority service (TIS) is defined as the number of To prevent engine flameout and the engine operating hours on the manifolds delegated to me by the Administrator, inability to maintain the 2.5 minutes one since the manifolds were new or since the the Federal Aviation Administration engine inoperative (OEI) rating due to manifolds were refurbished. amends 14 CFR part 39 as follows: blockage of the fuel injection manifolds, do the following: Alternative Methods of Compliance PART 39—AIRWORTHINESS Initial Replacement (d) An alternative method of compliance or DIRECTIVES adjustment of the compliance time that (a) If not already done in accordance with provides an acceptable level of safety may be I 1. The authority citation for part 39 Turbomeca Alert Service Bulletin (ASB) No. used if approved by the Manager, Engine continues to read as follows: A319 73 2012, Revision 2, dated May 25, Certification Office. Operators must submit 1999, or Revision 3, dated July 21, 2000, or their request through an appropriate FAA Authority: 49 U.S.C. 106(g), 40113, 44701. ASB No. A319 73 4001, Revision 3, dated Principal Maintenance Inspector, who may May 25, 1999, or Revision 4, dated October § 39.13 [Amended] add comments and then send it to the 20, 2000, replace injector manifolds and Manager, Engine Certification Office. I 2. The FAA amends § 39.13 by borescope-inspect the flame tube and the removing Amendment 39–12218 (66 FR high pressure turbine area within 30 days Note 2: Information concerning the 20910, April 26, 2001) and by adding a after the effective date of this AD, or prior to existence of approved alternative methods of new airworthiness directive, to read as exceeding 200 hours time-in-service (TIS), compliance with this airworthiness directive, if any, may be obtained from the Engine follows: whichever is later. Do these in accordance with Instructions 2.A. through 2.C. of Certification Office. 2001–08–14R1 Turbomeca S.A.: Turbomeca ASB No. A319 73 2012, Revision Special Flight Permits Amendment 39–14423. Docket No. 6, dated August 14, 2004, for Arrius 2B and 2000–NE–12–AD. Revises AD 2001–08– 2B1 turboshaft engines, and ASB No. A319 (e) Special flight permits may be issued in 14, Amendment 39–12218. 73 4001, Revision 7, dated August 14, 2004, accordance with §§ 21.197 and 21.199 of the Applicability for Arrius 2F turboshaft engines, except that Federal Aviation Regulations (14 CFR 21.197 replacement may be done at any and 21.199) to operate the aircraft to a This AD applies to Arrius Models 2B, 2B1, appropriately rated repair shop. location where the requirements of this AD and 2F engines. These engines are installed can be accomplished. on but not limited to Eurocopter France Repetitive Replacements Model EC120B and Eurocopter Deutschland (b) Thereafter, replace injector manifolds, Documents That Have Been Incorporated by EC135 T1 rotorcraft. in accordance with Instructions 2.A. through Reference Note 1: This AD applies to each engine 2.C. of Turbomeca ASB No. A319 73 2012, (f) The inspections and replacements must identified in the preceding applicability Revision 6, dated August 14, 2004, for Arrius be done in accordance with the following provision, regardless of whether it has been 2B and 2B1 turboshaft engines, and ASB No. Turbomeca S.A. mandatory alert service modified, altered, or repaired in the area A319 73 4001, Revision 7, dated August 14, bulletins (ASBs):
Document No. Pages Revision Date
ASB No. A319 73 2012, Total pages: 8 ...... 8 6 August 14, 2004. ASB No. A319 73 4001, Total pages: 8 ...... 8 7 August 14, 2004.
The Director of the Federal Register www.archives.gov/federal-register/cfr/ibr- Issued in Burlington, Massachusetts, on approved the incorporation by reference of locations.html. January 9, 2006. these service bulletins in accordance with 5 Note 3: The subject of this AD was Peter A. White, U.S.C. 552(a) and 1 CFR part 51. Copies may addressed by the Direction Generale de Acting Manager, Engine and Propeller be obtained from Turbomeca S.A., 40220 L’Aviation Civile (DGAC), which is the Directorate, Aircraft Certification Service. Tarnos, France; telephone: (33) 05 59 64 40 airworthiness authority for France, in 00; fax: (33) 05 59 64 60 80. Copies may be [FR Doc. 06–366 Filed 1–18–06; 8:45 am] airworthiness directives AD 1999–217(A) and inspected at the FAA, New England Region, BILLING CODE 4910–13–P AD 1999–233(A). Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA; or Effective Date at the National Archives and Records Administration (NARA). For information on (g) This airworthiness directive (AD) the availability of this material at NARA, call becomes effective February 23, 2006. 202–741–6030, or go to: http://
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DEPARTMENT OF TRANSPORTATION DATES: This AD becomes effective airworthiness authority for France, February 3, 2006. notified us that an unsafe condition may Federal Aviation Administration The Director of the Federal Register exist on all Airbus Model A330–200 and approved the incorporation by reference –300 series airplanes, Model A340–200 14 CFR Part 39 of certain publications listed in the AD and –300 series airplanes, and Model [Docket No. FAA–2006–23611; Directorate as of February 3, 2006. A340–541 and A340–642 airplanes. The Identifier 2005–NM–250–AD; Amendment We must receive comments on this DGAC notified us of an incident in AD by March 20, 2006. 39–14453; AD 2006–02–01] which an Airbus Model A330–200 ADDRESSES: Use one of the following series airplane was diverted due to an RIN 2120–AA64 addresses to submit comments on this extensive fuel leak. During the Airworthiness Directives; Airbus Model AD. • DOT Docket Web site: Go to diversion, both engines shut down due A330–200 and –300 Series Airplanes, to lack of fuel. The airplane made a Model A340–200 and –300 Series http://dms.dot.gov and follow the instructions for sending your comments successful emergency landing. This Airplanes, and Model A340–541 and event and a subsequent review of major A340–642 Airplanes electronically. • Government-wide rulemaking Web fuel leaks demonstrated that, after a fuel AGENCY: Federal Aviation site: Go to http://www.regulations.gov leak is detected, the flightcrew’s fuel Administration (FAA), Department of and follow the instructions for sending management procedures are a critical Transportation (DOT). your comments electronically. factor in limiting the consequences of a • ACTION: Final rule; request for Mail: Docket Management Facility; fuel leak. Failure to follow proper comments. U.S. Department of Transportation, 400 procedures in the event of a fuel leak Seventh Street, SW., Nassif Building, could result in excessive fuel loss that SUMMARY: The FAA is adopting a new room PL–401, Washington, DC 20590. • could cause the engines to shut down airworthiness directive (AD) for all Fax: (202) 493–2251. during flight. Airbus Model A330–200 and –300 series • Hand Delivery: Room PL–401 on airplanes, Model A340–200 and –300 the plaza level of the Nassif Building, The fuel systems on Airbus Model series airplanes, and Model A340–541 400 Seventh Street, SW., Washington, A330–300 series airplanes, Model and A340–642 airplanes. This AD DC, between 9 a.m. and 5 p.m., Monday A340–200 and –300 series airplanes, requires revising the airplane flight through Friday, except Federal holidays. and Model A340–541 and A340–642 manual by incorporating new Contact Airbus, 1 Rond Point Maurice airplanes, are similar to that on the procedures to follow in the event of a Bellonte, 31707 Blagnac Cedex, France, affected Model A330–200 airplane. fuel leak. This AD results from a for service information identified in this Therefore, Airbus Model A330–300 determination that, once a fuel leak is AD. series airplanes, Model A340–200 and— detected, fuel management procedures FOR FURTHER INFORMATION CONTACT: Tim 300 series airplanes, and Model A340– are a critical factor in limiting the Backman, Aerospace Engineer, 541 and A340–642 airplanes, may be consequences of the leak. We are issuing International Branch, ANM–116, subject to the unsafe condition revealed this AD to ensure that the flightcrew, in Transport Airplane Directorate, FAA, on the Model A330–200 series airplane. the event of a fuel leak, is advised of 1601 Lind Ave., SW., Renton, WA appropriate procedures to follow, such 98055–4056; telephone (425) 227–2797; Relevant Service Information as isolating the fuel tanks, stopping any fax (425) 227–1149. Airbus has issued the temporary fuel transfers, and landing as soon as SUPPLEMENTARY INFORMATION: possible. Failure to follow these revisions (TRs) to the Limitations procedures could result in excessive Discussion section of the A330/340 Airplane Flight fuel loss that could cause the engines to The Direction Ge´ne´rale de l’Aviation Manual (AFM), as listed in the table shut down during flight. Civile (DGAC), which is the below.
AIRBUS AFM TEMPORARY REVISIONS
Affected airplane models/series AFM TR TR approval date
A330–200 series airplanes ...... 4.02.00/31 October 19, 2005. A330–300 series airplanes ...... 4.02.00/32 October 19, 2005. A340–200 and –300 series airplanes ...... 4.02.00/46 October 19, 2005. A340–541 airplanes ...... 4.02.00/48 October 19, 2005. A340–642 airplanes ...... 4.02.00/47 October 19, 2005.
The TRs describe new procedures to and F–2005–196, both dated December appropriate compliance time for this follow in the event of a fuel leak. These 7, 2005, to ensure the continued AD, we considered the DGAC’s procedures remove the gravity-feeding airworthiness of these airplanes in recommendations in the French requirement when the leak is not from France. airworthiness directives and the degree the engine or is not found; they also of urgency associated with the subject Differences Between the AD and French involve isolating the fuel tanks and unsafe condition. In light of all of these Airworthiness Directives stopping any fuel transfers in order to factors, we find that a 10-day determine the location of a fuel leak and The French airworthiness directives compliance time represents an to stop or minimize the leak, and require revising the AFM before further appropriate interval of time for affected landing as soon as possible. The DGAC flight. This AD requires revising the airplanes to continue to operate without mandated the TRs and issued French AFM within 10 days after the effective compromising safety. airworthiness directives F–2005–195 date of the AD. In developing an
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FAA’s Determination and Requirements (or signed the comment on behalf of an under the criteria of the Regulatory of This AD association, business, labor union, etc.). Flexibility Act. These airplane models are You may review the DOT’s complete We prepared a regulatory evaluation manufactured in France and are type Privacy Act Statement in the Federal of the estimated costs to comply with certificated for operation in the United Register published on April 11, 2000 this AD and placed it in the AD docket. States under the provisions of section (65 FR 19477–78), or you may visit See the ADDRESSES section for a location 21.29 of the Federal Aviation http://dms.dot.gov. to examine the regulatory evaluation. Regulations (14 CFR 21.29) and the Examining the Docket List of Subjects in 14 CFR Part 39 applicable bilateral airworthiness agreement. Pursuant to this bilateral You may examine the AD docket on Air transportation, Aircraft, Aviation airworthiness agreement, the DGAC has the Internet at http://dms.dot.gov, or in safety, Incorporation by reference, kept the FAA informed of the situation person at the Docket Management Safety. Facility office between 9 a.m. and 5 described above. We have examined the Adoption of the Amendment DGAC’s findings, evaluated all pertinent p.m., Monday through Friday, except information, and determined that we Federal holidays. The Docket I Accordingly, under the authority need to issue an AD for products of Management Facility office (telephone delegated to me by the Administrator, these type designs that are certificated (800) 647–5227) is located on the plaza the FAA amends 14 CFR part 39 as for operation in the United States. level of the Nassif Building at the DOT follows: ADDRESSES Therefore, we are issuing this AD to street address stated in the PART 39—AIRWORTHINESS ensure that the flightcrew is advised of section. Comments will be available in DIRECTIVES appropriate procedures to follow in the the AD docket shortly after the Docket Management System receives them. event of a fuel leak, such as isolating the I 1. The authority citation for part 39 fuel tanks, stopping any fuel transfers, Authority for This Rulemaking continues to read as follows: and landing as soon as possible. Failure Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701. to follow these procedures could result specifies the FAA’s authority to issue in excessive fuel loss that could cause rules on aviation safety. Subtitle I, § 39.13 [Amended] the engines to shut down during flight. Section 106, describes the authority of I This AD requires revising the AFM to 2. The Federal Aviation the FAA Administrator. Subtitle VII, include the TRs described previously. Administration (FAA) amends § 39.13 Aviation Programs, describes in more by adding the following new FAA’s Determination of the Effective detail the scope of the Agency’s airworthiness directive (AD): Date authority. 2006–02–01 Airbus: Amendment 39–14453. An unsafe condition exists that We are issuing this rulemaking under Docket No. FAA–2006–23611; requires the immediate adoption of this the authority described in Subtitle VII, Directorate Identifier 2005–NM–250–AD. Part A, Subpart III, Section 44701, AD; therefore, providing notice and Effective Date opportunity for public comment before ‘‘General requirements.’’ Under that section, Congress charges the FAA with (a) This AD becomes effective February 3, the AD is issued is impracticable, and 2006. good cause exists to make this AD promoting safe flight of civil aircraft in effective in less than 30 days. air commerce by prescribing regulations Affected ADs for practices, methods, and procedures (b) None. Comments Invited the Administrator finds necessary for Applicability This AD is a final rule that involves safety in air commerce. This regulation requirements that affect flight safety and is within the scope of that authority (c) This AD applies to all Airbus Model A330–201, –202, –203, –223, –243, –301, was not preceded by notice and an because it addresses an unsafe condition that is likely to exist or develop on –321, –322, –323, –341, –342, and –343 opportunity for public comment; airplanes; and Model A340–211, –212, –213, however, we invite you to submit any products identified in this rulemaking –311, –312, –313, –541, and –642 airplanes; relevant written data, views, or action. certificated in any category. arguments regarding this AD. Send your Regulatory Findings comments to an address listed in the Unsafe Condition ADDRESSES section. Include ‘‘Docket No. We have determined that this AD will (d) This AD results from a FAA–2006–23611; Directorate Identifier not have federalism implications under determination that, once a fuel leak is 2005–250–AD’’ at the beginning of your Executive Order 13132. This AD will detected, fuel management procedures comments. We specifically invite not have a substantial direct effect on are a critical factor in limiting the comments on the overall regulatory, the States, on the relationship between consequences of the leak. We are issuing economic, environmental, and energy the national government and the States, this AD to ensure that the flightcrew, in aspects of the AD that might suggest a or on the distribution of power and the event of a fuel leak, is advised of need to modify it. responsibilities among the various appropriate procedures to follow, such We will post all comments we levels of government. as isolating the fuel tanks, stopping any receive, without change, to http:// For the reasons discussed above, I fuel transfers, and landing as soon as dms.dot.gov, including any personal certify that the regulation: possible. Failure to follow these information you provide. We will also 1. Is not a ‘‘significant regulatory procedures could result in excessive post a report summarizing each action’’ under Executive Order 12866; fuel loss that could cause the engines to substantive verbal contact with FAA 2. Is not a ‘‘significant rule’’ under the shut down during flight. personnel concerning this AD. Using the DOT Regulatory Policies and Procedures search function of that web site, anyone (44 FR 11034, February 26, 1979); and Compliance can find and read the comments in any 3. Will not have a significant (e) You are responsible for having the of our dockets, including the name of economic impact, positive or negative, actions required by this AD performed the individual who sent the comment on a substantial number of small entities within the compliance times specified,
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unless the actions have already been Airplane Flight Manual (AFM) Revision applicable temporary revision (TR) done. (f) Within 10 days after the effective listed in Table 1 of this AD. Thereafter, date of this AD, revise the Limitations operate the airplane according to the section of the A330/A340 AFM to limitations and procedures in the include the information in the applicable TR.
TABLE 1.—AIRBUS AFM TEMPORARY REVISIONS
Affected airplane models/series AFM TR TR approval date
A330–201, –202, –203, –223, and –243 airplanes ...... 4.02.00/31 October 19, 2005. A330–301, –321, –322, –323, –341, –342, and –343 airplanes ...... 4.02.00/32 October 19, 2005. A340–211, –212, –213, –311, –312, and –313 airplanes ...... 4.02.00/46 October 19, 2005. A340–541 airplanes ...... 4.02.00/48 October 19, 2005. A340–642 airplanes ...... 4.02.00/47 October 19, 2005.
Note 1: The action required by paragraph TABLE 2.—MATERIAL INCORPORATED Administration, Western En Route and (f) of this AD may be done by inserting into BY REFERENCE Oceanic Area Office, Airspace Branch, the AFM a copy of the applicable TR listed 1601 Lind Avenue, S.W., Renton, WA, in Table 1 of this AD. When this TR has been Airbus temporary revi- 98055–4056; telephone (425) 227–2527. included in the general revisions of the AFM, sions to the Airbus Temporary revision SUPPLEMENTARY INFORMATION: the general revisions may be inserted into the A330/A340 airplane approval date AFM, provided the relevant information in flight manual History the general revision is identical to that in the On December 5, 2005, a final rule was applicable TR listed in Table 1 of this AD. 4.02.00/31 ...... October 19, 2005. 4.02.00/32 ...... October 19, 2005. published in the Federal Register (70 Alternative Methods of Compliance 4.02.00/46 ...... October 19, 2005. FR 72371), Docket No. FAA–2005– (AMOCs) 4.02.00/47 ...... October 19, 2005. 20417, Airspace Docket No. 05–ANM– 4.02.00/48 ...... October 19, 2005. (g)(1) The Manager, International Branch, 06. This rule established an effective ANM–116, Transport Airplane Directorate, date of January 19, 2006. The effective FAA, has the authority to approve AMOCs Issued in Renton, Washington, on January date of this rule should have been April for this AD, if requested in accordance with 9, 2006. 13, 2006, to coincide with the en route the procedures found in 14 CFR 39.19. Ali Bahrami, charting dates. Also, the geographic (2) Before using any AMOC approved in Manager, Transport Airplane Directorate, coordinates of the legal description were accordance with § 39.19 on any airplane to Aircraft Certification Service. incorrect. This action corrects those which the AMOC applies, notify the [FR Doc. 06–450 Filed 1–18–06; 8:45 am] errors. appropriate principal inspector in the FAA BILLING CODE 4910–13–P Flight Standards Certificate Holding District Correction to Final Rule Office. I Accordingly, pursuant to the authority Related Information DEPARTMENT OF TRANSPORTATION delegated to me, the effective date is changed to April 13, 2006, and the legal (h) French airworthiness directives F– Federal Aviation Administration 2005–195 and F–2005–196, both dated description as published in the Federal December 7, 2005, also address the subject of Register on December 5, 2005 (70 FR 14 CFR Part 71 this AD. 72371), is corrected as follows: Material Incorporated by Reference [Docket FAA 2005–20417; Airspace Docket § 71.1 [Amended] 05–ANM–06] (i) You must use the documents listed in * * * * * RIN 2120–AA66 Table 2 of this AD to perform the actions that ANM WA E5 Wenatchee, WA [Corrected] are required by this AD, unless the AD specifies otherwise. (The TR approval date is Amendment to Class E Airspace; Wenatchee/Pangborn Municipal Airport, WA (Lat. 47°23′54″ N., long. 120°12′22″ W.) identified only on the first page of each TR; Wenatchee, WA Wenatchee VOR/DME no other page of these documents contains AGENCY: Federal Aviation (Lat. 47°23′59″ N., long. 120°12′39″ W.) the approval date.) The Director of the Federal Register approved the incorporation Administration (FAA), DOT. That airspace extending upward from 700 by reference of these documents in ACTION: Final rule; correction. feet above the surface within 4.3 miles south and 9.5 miles north of the 299° radial from accordance with 5 U.S.C. 552(a) and 1 CFR the Wenatchee VOR/DME to 17 miles part 51. Contact Airbus, 1 Rond Point SUMMARY: This action corrects an error in the effective date and the legal northwest of the VOR/DME, and within 4.3 Maurice Bellonte, 31707 Blagnac Cedex, miles southwest and 8 miles northeast of the France, for a copy of this service information. description listed in a final rule ° published in the Federal Register on 124 radial from the VOR/DME to 21 miles You may review copies at the Docket southeast of the VOR/DME, excluding that Management Facility, U.S. Department of December 5, 2005, Docket No. FAA– portion within the Moses Lake, Grant Transportation, 400 Seventh Street SW., 2005–20417, Airspace Docket No. 05– County, and Quincy Airport, WA Class E room PL–401, Nassif Building, Washington, ANM–06. airspace areas; that airspace extending DC; on the Internet at http://dms.dot.gov; or DATES: Effective Date: The effective date upward from 1,200 feet above the surface at the National Archives and Records for the final rule published at 70 FR bounded by a line beginning at: Lat. Administration (NARA). For information on ° ′ ″ ° ′ ″ 72371, December 5, 2005, is corrected to 47 36 00 N., long. 120 43 00 W.; to lat. the availability of this material at the NARA, ° ′ ″ ° ′ ″ 0901 UTC, April 13, 2006. 47 36 00 N., long. 119 39 30 W.; to lat. call (202) 741–6030, or go to http:// 47°07′00″ N., long. 119°39′30″ W.; to lat. www.archives.gov/federal_register/code_ FOR FURTHER INFORMATION CONTACT: Ed 47°07′00″ N., long. 120°43′00″ W.; to the federal_regulations/ibr_locations.html. Haeseker, Federal Aviation point of beginning. Excluding that portion
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within the Moses Lake, Grant County DEPARTMENT OF TRANSPORTATION circumstances require making this Airport, WA, Class E airspace area. amendment effective before the next * * * * * Federal Aviation Administration scheduled charting and publication date Issued in Seattle, Washington, on January of the flight information to assure its 12, 2006. 14 CFR Part 95 timely availability to the user. The John Warner, [Docket No. 30477; Amdt. No. 459] effective date of this amendment reflects Acting Area Director, Western En Route and those considerations. In view of the Oceanic Operations. IFR Altitudes; Miscellaneous close and immediate relationship [FR Doc. 06–491 Filed 1–18–06; 8:45 am] Amendments between these regulatory changes and BILLING CODE 4910–13–M AGENCY: Federal Aviation safety in air commerce, I find that notice Administration (FAA), DOT. and public procedure before adopting this amendment are impracticable and ACTION: Final rule. DEPARTMENT OF TRANSPORTATION contrary to the public interest and that Federal Aviation Administration SUMMARY: This amendment adopts good cause exists for making the miscellaneous amendments to the amendment effective in less than 30 14 CFR Part 71 required IFR (instrument flight rules) days. altitudes and changeover points for [Docket No. FAA–2005–22746; Airspace certain Federal airways, jet routes, or Conclusion Docket No. 05–ACE–32] direct routes for which a minimum or The FAA has determined that this Modification of Class E Airspace; maximum en route authorized IFR regulation only involves an established Kennett, MO altitude is prescribed. This regulatory body of technical regulations for which action is needed because of changes frequent and routine amendments are AGENCY: Federal Aviation occurring in the National Airspace necessary to keep them operationally Administration (FAA), DOT. System. These changes are designed to current. It, therefore—(1) is not a ACTION: Direct final rule; confirmation of provide for the safe and efficient use of ‘‘significant regulatory action’’ under effective date. the navigable airspace under instrument conditions in the affected areas. Executive Order 12866; (2) is not a SUMMARY: This document confirms the ‘‘significant rule’’ under DOT EFFECTIVE DATE: 0901 UTC, February 16, effective date of the direct final rule Regulatory Policies and Procedures (44 2006. which revises Class E airspace at FR 11034; February 26, 1979); and (3) FOR FURTHER INFORMATION CONTACT: Kennett, MO. does not warrant preparation of a Donald P. Pate, Flight Procedure EFFECTIVE DATE: 0901 UTC, April 13, regulatory evaluation as the anticipated Standards Branch (AMCAFS–420), 2006. impact is so minimal. For the same Flight Technologies and Programs reason, the FAA certifies that this FOR FURTHER INFORMATION CONTACT: Division, Flight Standards Service, Brenda Mumper, Air Traffic Division, Federal Aviation Administration, Mike amendment will not have a significant Airspace Branch, ACE–520A, DOT Monroney Aeronautical Center, 6500 economic impact on a substantial Regional Headquarters Building, Federal South MacArthur Blvd., Oklahoma City, number of small entities under the Aviation Administration, 901 Locust, OK 73169 (Mail Address: P.O. Box criteria of the Regulatory Flexibility Act. Kansas City, MO 64106; telephone (816) 25082, Oklahoma City, OK 73125) List of Subjects in 14 CFR Part 95 329–2524. telephone: (405) 954–4164. SUPPLEMENTARY INFORMATION: The FAA SUPPLEMENTARY INFORMATION: This Airspace, Navigation (air). published this direct final rule with a amendment to part 95 of the Federal Issued in Washington, DC on January 13, request for comments in the Federal Aviation Regulations (14 CFR part 95) Register on November 10, 2005 (70 FR 2006. amends, suspends, or revokes IFR James J. Ballough, 68329). The FAA uses the direct final altitudes governing the operation of all rulemaking procedure for a non- aircraft in flight over a specified route Director, Flight Standards Service. controversial rule where the FAA or any portion of that route, as well as Adoption of the Amendment believes that there will be no adverse the changeover points (COPs) for public comment. This direct final rule Federal airways, jet routes, or direct I Accordingly, pursuant to the authority advised the public that no adverse routes as prescribed in part 95. comments were anticipated, and that delegated to me by the Administrator, unless a written adverse comment, or a The Rule part 95 of the Federal Aviation Regulations (14 CFR part 95) is written notice of intent to submit such The specified IFR altitudes, when an adverse comment, were received amended as follows effective at 0901 used in conjunction with the prescribed UTC, February 16, 2006. within the comment period, the changeover points for those routes, regulation would become effective on ensure navigation aid coverage that is I 1. The authority citation for part 95 April 13, 2006. No adverse comments adequate for safe flight operations and continues to read as follows: were received, and thus this notice free of frequency interference. The Authority: 49 U.S.C. 106(g), 40103, 40106, confirms that this direct final rule will reasons and circumstances that create 40113, 40114, 40120, 44502, 44514, 44719, become effective on that date. the need for this amendment involve 44721. Issued in Kansas City, MO, on December matters of flight safety and operational 14, 2005. efficiency in the National Airspace I 2. Part 95 is amended to read as Paul J. Sheridan, System, are related to published follows: Area Director, Western Flight Services aeronautical charts that are essential to Operations. the user, and provide for the safe and [FR Doc. 06–494 Filed 1–18–06; 8:45 am] efficient use of the navigable airspace. BILLING CODE 4910–13–M In addition, those various reasons or
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REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINTS [Amendment 459 effective date February 16, 2006]
From To MEA MAA
§ 95.4000 High Altitude RNAV Routes
§ 95.4020 RNAV Route Q20 is Added to Read
Corona, NM VORTAC ...... Junction, TX VORTAC ...... #*24000 45000 *18000—GNSS MEA ...... #DME/DME/IRU MEA ......
§ 95.4022 RNAV Route Q22 is Added to Read
Gusti, LA FIX ...... Catln, AL FIX ...... #*18000 45000 *18000–GNSS MEA ...... #DME/DME/IRU MEA ......
§ 95.4024 RNAV Route Q24 is Added to Read
Lake Charles, LA VORTAC ...... Paytn, AL FIX ...... #*20000 45000 *20000–GNSS MEA ...... #DME/DME/IRU MEA ......
From To MEA
§ 95.6001 Victor Routes—U.S.
§ 95.6038 VOR Federal Airway V38 is Amended to Read in Part
Sacky, WV FIX ...... *Julea, WV FIX ...... 3500 *5000–MRA ...... Julea, WV FIX ...... *Benzo, WV FIX ...... 3500 *5000—MCA BENZO, WV FIX, SE BND ......
§ 95.6044 VOR Federal Airway V44 is Amended to Read in Part
Bends, WV FIX ...... *Rande, WV FIX ...... 4000 *7000–MRA ......
§ 95.6309 VOR Federal Airway V309 is Amended to Read in Part
Charleston, WV VORTAC ...... *Julea, WV FIX ...... 5000 *5000–MRA ...... Julea, WV FIX ...... *Rande, WV FIX ...... 7000 *7000–MRA ......
From To MEA MAA
§ 95.7001 Jet Routes
§ 95.7158 Jet Route J158 is Amended to Read in Part
Malad City, ID VOR/DME ...... Big Piney, WY VOR/DME ...... 18000 45000 Big Piney, WY VOR/DME ...... Muddy Mountain, WY VORTAC ...... 18000 45000
[FR Doc. 06–495 Filed 1–18–06; 8:45 am] BILLING CODE 4910–13–P
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DEPARTMENT OF HOMELAND 572–8710. For operational aspects, continue in effect for an additional 5 SECURITY Michael Craig, Chief, Other Government years. Importation of such material Agencies Branch, (202) 344–1684. continues to be restricted unless: Bureau of Customs and Border SUPPLEMENTARY INFORMATION: (1) Accompanied by appropriate Protection Background export certification issued by the Government of Italy; or DEPARTMENT OF THE TREASURY Pursuant to the provisions of the 1970 United Nations Educational, Scientific (2) With respect to archaeological 19 CFR Part 12 and Cultural Organization (UNESCO) material originating in Italy and Convention, codified into U.S. law as representing the pre-Classical, Classical, [CBP Dec. 06–01; USCBP–2006–0016] the Convention on Cultural Property and Imperial Roman periods, verifiable RIN 1505–AB63 Implementation Act (Pub. L. 97–446, 19 documentation exists that exportation U.S.C. 2601 et seq.), the United States occurred prior to January 19, 2001. Extension of Import Restrictions entered into a bilateral agreement with Imposed on Archaeological Material Inapplicability of Notice and Delayed Italy on January 19, 2001, concerning Effective Date Originating in Italy and Representing the imposition of import restrictions on the Pre-Classical, Classical, and archeological material originating in This amendment involves a foreign Imperial Roman Periods Italy and representing the pre-Classical, affairs function of the United States and AGENCY: Customs and Border Protection; Classical, and Imperial Roman periods. is, therefore, being made without notice Homeland Security; Treasury. On January 23, 2001, the United States or public procedure (5 U.S.C. 553(a)(1)). Customs Service published T.D. 01–06 ACTION: Final rule. In addition, CBP has determined that in the Federal Register (66 FR 7399), such notice or public procedure would SUMMARY: This document amends the which amended 19 CFR 12.104g(a) to be impracticable and contrary to the Bureau of Customs and Border indicate the imposition of these public interest because the action being Protection (CBP) regulations to indicate restrictions and included a list taken is essential to avoid interruption the extension of the import restrictions designating the types of archaeological of the application of the existing import that were imposed by Treasury Decision material covered by the restrictions. restrictions (5 U.S.C. 553(b)(B)). For the 01–06 on certain archaeological material Import restrictions listed in 19 CFR same reasons, pursuant to 5 U.S.C. originating in Italy and representing the 12.104g(a) are ‘‘effective for no more 553(d)(3), a delayed effective date is not pre-Classical, Classical, and Imperial than five years beginning on the date on required. which the agreement enters into force Roman periods of its cultural heritage, Regulatory Flexibility Act ranging in date from approximately the with respect to the United States. This 9th century B.C. through approximately period can be extended for additional periods not to exceed five years if it is Because no notice of proposed the 4th century A.D. that were imposed rulemaking is required, the provisions by Treasury Decision (T.D.) 01–06. The determined that the factors which justified the initial agreement still of the Regulatory Flexibility Act (5 Assistant Secretary for Educational and U.S.C. 601 et seq.) do not apply. Cultural Affairs, United States pertain and no cause for suspension of Department of State, has determined the agreement exists’’ (19 CFR Executive Order 12866 that conditions continue to warrant the 12.104g(a)). After reviewing the findings and This amendment does not meet the imposition of import restrictions. recommendations of the Cultural criteria of a ‘‘significant regulatory Accordingly, the restrictions will Property Advisory Committee, the action’’ as described in Executive Order remain in effect for an additional 5 Assistant Secretary for Educational and 12866. years, and the CBP regulations are being Cultural Affairs, United States amended to reflect this extension. These Signing Authority Department of State, concluding that the restrictions are being extended pursuant cultural heritage of Italy continues to be to determinations of the United States This regulation is being issued in in jeopardy from pillage of Department of State made under the accordance with 19 CFR 0.1(a)(1). archaeological material representing the terms of the Convention on Cultural pre-Classical, Classical, and Imperial List of Subjects in 19 CFR Part 12 Property Implementation Act in Roman periods, made the necessary Cultural property, Customs duties and accordance with the United Nations determination to extend the import inspection, Imports, Prohibited Educational, Scientific and Cultural restrictions for an additional five years merchandise. Organization (UNESCO) Convention on on December 5, 2005. Accordingly, CBP the Means of Prohibiting and Preventing is amending 19 CFR 12.104g(a) to Amendment to CBP Regulations the Illicit Import, Export and Transfer of indicate the extension of the import Ownership of Cultural Property. T.D. restrictions. I For the reasons set forth above, part 12 01–06 contains the Designated List of The Designated List of Archaeological of Title 19 of the Code of Federal archaeological material originating in Material Originating in Italy and Regulations (19 CFR part 12), is Italy and representing the pre-Classical, Representing the pre-Classical, amended as set forth below: Classical, and Imperial Roman periods Classical, and Imperial Roman periods of its cultural heritage, ranging in date of Italy covered by these import PART 12—SPECIAL CLASSES OF from approximately the 9th century B.C. restrictions is set forth in T.D. 01–06. MERCHANDISE through approximately the 4th century The Designated List and accompanying A.D. image database may also be found at the I 1. The general authority citation for EFFECTIVE DATE: January 19, 2006. following internet website address: part 12 and the specific authority FOR FURTHER INFORMATION CONTACT: For http://exchanges.state.gov/culprop/ citation for § 12.104g continue to read as legal aspects, George F. McCray, Esq., it01fr01.html. The restrictions on the follows: Chief, Intellectual Property Rights and importation of these archaeological Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 Restricted Merchandise Branch, (202) materials originating in Italy are to (General Note 3(i), Harmonized Tariff
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Schedule of the United States (HTSUS)), of the Waterways Management Division, a significant economic impact on a 1624; at (310) 732–2020. substantial number of small entities. * * * * * SUPPLEMENTARY INFORMATION: This rule will possibly affect the Sections 12.104 through 12.104i also following entities, some of which may issued under 19 U.S.C. 2612; Regulatory Information be small entities: The owners and * * * * * On November 5, 2004, we published operators of private and commercial a notice of proposed rulemaking vessels intending to transit or anchor in § 12.104g [Amended] (NPRM) entitled Anchorage Regulations: the affected area. The impact to these I 2. In § 12.104g(a), the table of the list San Pedro Bay, CA in the Federal entities would not, however, be of agreements imposing import Register (69 FR 64549). We received no significant since this zone will restrictions on described articles of letters commenting on the proposed encompass only a small portion of the cultural property of State Parties is rule. No public meeting was requested, waterway and vessels can safely amended in the entry for Italy by and none was held. navigate around the anchored vessels. removing the reference to ‘‘T.D. 01–06’’ Additionally, large passenger vessels Background and Purpose in the column headed ‘‘Decision No.’’ already routinely anchor within the and adding in its place the language Ships of increasing size are calling on anchorage areas. ‘‘T.D. 01–06 extended by CBP Dec. 06– the Ports of Los Angeles—Long Beach. 01’’. While in an anchorage area, these larger Assistance for Small Entities ships require watch circles of 1500 Under section 213(a) of the Small Deborah J. Spiro, yards in diameter. Currently, the Business Regulatory Enforcement Acting Commissioner, Bureau of Customs and anchorage area outside the federal Fairness Act of 1996 (Pub. L. 104–121), Border Protection. breakwater is made up of watch circles we offered to assist small entities in Approved: January 17, 2006. 1000 yards in diameter. An increase in understanding the rule so that they can Timothy E. Skud, the anchorage boundary will allow three better evaluate its effects on them and Deputy Assistant Secretary of the Treasury. additional anchorages for vessels with participate in the rulemaking process. [FR Doc. 06–528 Filed 1–18–06; 8:45 am] watch circles of 1500 yards in diameter. However, we received no requests for BILLING CODE 9111–14–P assistance from any small entities. Discussion of Comments and Changes Small businesses may send comments The Coast Guard received no on the actions of Federal employees DEPARTMENT OF HOMELAND comments on this rule and has not who enforce, or otherwise determine SECURITY changed the regulations from the compliance with, Federal regulations to published NPRM. the Small Business and Agriculture Coast Guard Regulatory Evaluation Regulatory Enforcement Ombudsman and the Regional Small Business 33 CFR Part 110 This rule is not a ‘‘significant Regulatory Fairness Boards. The regulatory action’’ under section 3(f) of [CGD11–04–007] Ombudsman evaluates these actions Executive Order 12866, Regulatory annually and rates each agency’s RIN 1625–AA01 Planning and Review, and does not responsiveness to small business. If you require an assessment of potential costs wish to comment on actions by Anchorage Regulations; San Pedro and benefits under section 6(a)(3) of that employees of the Coast Guard, call 1– Bay, CA Order. The Office of Management and 888–REG–FAIR (1–888–734–3247). AGENCY: Coast Guard, DHS. Budget has not reviewed it under that Order. It is not ‘‘significant’’ under the Collection of Information ACTION: Final rule. regulatory policies and procedures of This rule calls for no new collection SUMMARY: The Coast Guard is enlarging the Department of Homeland Security of information under the Paperwork the current anchorage area outside the (DHS). Reduction Act of 1995 (44 U.S.C. 3501– Federal breakwater of the Ports of Los We expect the economic impact of 3520). this proposed rule to be so minimal that Angeles—Long Beach, CA. This rule is Federalism necessary in order to accommodate the a full Regulatory Evaluation under the ever-increasing number of larger vessels regulatory policies and procedures of A rule has implications for federalism necessitating anchorage and will DHS is unnecessary. This proposal will under Executive Order 13132, provide vessels an appropriate area to impose no cost on vessel operators, and Federalism, if it has a substantial direct anchor. have minimal impact to vessel traffic. effect on State or local governments and would either preempt State law or DATES: Small Entities This rule is effective February impose a substantial direct cost of 21, 2006. Under the Regulatory Flexibility Act compliance on them. We have analyzed ADDRESSES: Comments and material (5 U.S.C. 601–612), we have considered this rule under that Order and have received from the public, as well as whether this rule would have a determined that it does not have documents indicated in this preamble as significant economic impact on a implications for federalism. being available in the docket, are part of substantial number of small entities. docket CGD11–04–007 and are available The term ‘‘small entities’’ comprises Unfunded Mandates Reform Act for inspection or copying at Sector Los small businesses, not-for-profit The Unfunded Mandates Reform Act Angeles—Long Beach, 1001 South organizations that are independently of 1995 (2 U.S.C. 1531–1538) requires Seaside Avenue, Building 20, San owned and operated and are not Federal agencies to assess the effects of Pedro, California, 90731, between 8 a.m. dominant in their fields, and their discretionary regulatory actions. In and 4 p.m., Monday through Friday, governmental jurisdictions with particular, the Act addresses actions except Federal holidays. populations of less than 50,000. that may result in the expenditure by a FOR FURTHER INFORMATION CONTACT: The Coast Guard certifies under 5 State, local, or tribal government, in the Lieutenant Peter Gooding, USCG, Chief U.S.C. 605(b) that this rule will not have aggregate, or by the private sector of
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$100,000,000 or more in any one year. Concerning Regulations That (NEPA)(42 U.S.C. 4321–4370f), and Though this rule will not result in such Significantly Affect Energy Supply, have concluded that there are no factors an expenditure, we do discuss the Distribution, or Use. We have in this case that would limit the use of effects of this rule elsewhere in this determined that it is not a ‘‘significant a categorical exclusion under section preamble. energy action’’ under that order because 2.B.2 of the Instruction. Therefore, this Taking of Private Property it is not a ‘‘significant regulatory action’’ rule is categorically excluded, under under Executive Order 12866 and is not figure 2–1, paragraph (34)(f), of the This rule will not effect a taking of likely to have a significant adverse effect Instruction, from further environmental private property or otherwise have on the supply, distribution, or use of documentation because it changes the taking implications under Executive energy. The Administrator of the Office size of an existing anchorage. Order 12630, Governmental Actions and of Information and Regulatory Affairs A final ‘‘Environmental Analysis Interference with Constitutionally has not designated it as a significant Protected Property Rights. Check List’’ and final ‘‘Categorical energy action. Therefore, it does not Exclusion Determination’’ are available Civil Justice Reform require a Statement of Energy Effects in the docket where indicated under under Executive Order 13211. This rule meets applicable standards ADDRESSES. in sections 3(a) and 3(b)(2) of Executive Technical Standards List of Subjects in 33 CFR Part 110 Order 12988, Civil Justice Reform, to The National Technology Transfer minimize litigation, eliminate and Advancement Act (NTTAA) (15 Anchorage grounds. ambiguity, and reduce burden. U.S.C. 272 note) directs agencies to use I For the reasons discussed in the Protection of Children voluntary consensus standards in their regulatory activities unless the agency preamble, the Coast Guard amends 33 We have analyzed this rule under CFR part 110 as follows: Executive Order 13045, Protection of provides Congress, through the Office of Management and Budget, with an Children from Environmental Health PART 110—ANCHORAGE explanation of why using these Risks and Safety Risks. This rule is not REGULATIONS an economically significant rule and standards would be inconsistent with does not create an environmental risk to applicable law or otherwise impractical. I 1. The authority citation for part 110 Voluntary consensus standards are health or risk to safety that may continues to read as follows: disproportionately affect children. technical standards (e.g., specifications of materials, performance, design, or Authority: 33 U.S.C. 471, 1221 through Indian Tribal Governments operation; test methods; sampling 1236, 2030, 2035, and 2071; 33 CFR 1.05– This rule does not have tribal procedures; and related management 1(g). Department of Homeland Security implications under Executive Order systems practices) that are developed or Delegation No. 0170.1. 13175, Consultation and Coordination adopted by voluntary consensus I 2. Amend § 110.214 by revising with Indian Tribal Governments, standards bodies. paragraph (b)(6) to read as follows: because it does not have a substantial This rule does not use technical direct effect on one or more Indian standards. Therefore, we did not § 110.214 Los Angeles and Long Beach tribes, on the relationship between the consider the use of voluntary consensus Harbors, Calif. Federal Government and Indian tribes, standards. * * * * * or on the distribution of power and Environment (b) * * * responsibilities between the Federal Government and Indian tribes. We have analyzed this rule under (6) Commercial Anchorage F (outside Commandant Instruction M16475.lD, of Long Beach Breakwater). The waters Energy Effects which guides the Coast Guard in southeast of the Long Beach Breakwater We have analyzed this rule under complying with the National bounded by a line connecting the Executive Order 13211, Actions Environmental Policy Act of 1969 following coordinates:
Latitude Longitude
Beginning point ...... 33 deg.¥43′¥05.1″ 118 deg.¥07′¥59.0″ N. W. Thence west to ...... 33 deg.¥43′¥05.1″ 118 deg.¥10′¥36.5″ N. W. Thence south/southeast to ...... 33 deg.¥38′¥17.5″ 118 deg.¥07′¥00.0″ N. W. Thence north/northeast to ...... 33 deg.¥40′¥23.0″ 118 deg.¥06′¥03.0″ N. W. And thence north/northwest to the beginning point.
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* * * * * would be contrary to the public interest Regulatory Evaluation Dated: January 9, 2006. since immediate action is needed to This rule is not a ‘‘significant K.J. Eldridge, minimize potential danger to the public regulatory action’’ under section 3(f) of Rear Admiral, U.S. Coast Guard, Commander, during the event. The Coast Guard will Executive Order 12866, Regulatory Eleventh Coast Guard District. issue a broadcast notice to mariners to Planning and Review, and does not [FR Doc. 06–497 Filed 1–18–06; 8:45 am] advise mariners of the restriction along require an assessment of potential costs with Coast Guard assets on scene who BILLING CODE 4910–15–P and benefits under section 6(a)(3) of that will also provide notice of the safety Order. The Office of Management and zone to mariners. Budget has not reviewed it under that DEPARTMENT OF HOMELAND For the same reasons, under 5 U.S.C. Order. It is not ‘‘significant’’ under the SECURITY 553(d)(3), the Coast Guard finds that regulatory policies and procedures of good cause exists for making this rule the Department of Homeland Security Coast Guard effective less than 30 days after (DHS). The Coast Guard expects the publication in the Federal Register. economic impact of this proposal to be 33 CFR Part 165 so minimal that a full Regulatory [COTP St. Petersburg 05–163] Background and Purpose Evaluation under the regulatory policies and procedures of DHS is unnecessary RIN 1625–AA00 Johnson Brothers Corporation was because the safety zone will be in effect contracted to replace the middle span for a limited period of time and vessels Safety Zone Regulation; Tampa Bay, bridge, bascule portion on the Treasure may enter with the express permission FL Island Causeway. In order to complete of the Captain of the Port of St. the demolition of the existing bridge, AGENCY: Coast Guard, DHS. Petersburg or his designated Johnson Brothers will conduct a total of representative. ACTION: Temporary final rule. six blasts on three different days to Small Entities SUMMARY: The Coast Guard is break up the concrete into smaller establishing a temporary safety zone on sections for removal. The three days are Under the Regulatory Flexibility Act the waters of Tampa Bay, Florida in the tentatively scheduled for 7:30 a.m. on (5 U.S.C. 601–612), we have considered vicinity of the Treasure Island January 11, 2006, January 24, 2006, and whether this rule would have a Causeway bascule bridge. This safety February 7, 2006. Each day there will be significant economic impact on a zone is being established to protect two blasts approximately one hour substantial number of small entities. mariners from the hazards associated apart. The first day of blasts will be to The term ‘‘small entities’’ comprises with the blasting demolition of the remove the concrete counterbalances. small businesses, not-for-profit concrete portions of the Treasure Island The second and third days will be to organizations that are independently bascule bridge. This rule is necessary to remove the West and East side concrete owned and operated and are not provide for the safety of life on the main leaf structures respectively. The dominant in their fields, and navigable waters of the United States. use of explosives and the proximity of governmental jurisdictions with DATES: This rule is effective from 7:30 the concrete bridge structure to the populations of less than 50,000. a.m. on January 9, 2006 through 6 p.m. navigable channel present a hazard to The Coast Guard certifies under 5 March 10, 2006. mariners transiting the area. This safety U.S.C. 605(b) that this rule will not have zone is being established to ensure the a significant economic impact on a ADDRESSES: Documents indicated in this safety of life on the navigable waters of substantial number of small entities. preamble as being available in the the United States. This rule may affect the following docket are part of docket [COTP St. entities, some of which may be small Petersburg 05–163] and are available for Discussion of Rule entities: the owners or operators of inspection or copying at Coast Guard vessels intending to transit within a The safety zone will extend out from Sector St. Petersburg, Prevention 1,000 foot radius from the Treasure the Treasure Island Causeway bascule Department, 155 Columbia Drive, Island Causeway Bascule Bridge. This Bridge in a 1,000 foot radius. Vessels Tampa, Florida 33606–3598 between safety zone will not have a significant and persons not under contract or 7:30 a.m. and 3:30 p.m., Monday economic impact on a substantial employees of Johnson Brothers are through Friday, except Federal holidays. number of small entities for the FOR FURTHER INFORMATION CONTACT: BM1 prohibited from entering, anchoring or following reasons. This rule will only be Charles Voss at Coast Guard Sector St. transiting within this zone unless enforced in a location where traffic is Petersburg, Prevention Department, authorized by the Captain of the Port St. minimal and for a limited time when (813) 228–2191, ext. 8307. Petersburg or his designated vessel traffic is expected to be extremely SUPPLEMENTARY INFORMATION: representative. This safety zone is low. Additionally, traffic will be effective from 7:30 a.m. on January 9, allowed to enter the zone with the Regulatory Information 2006 through 6 p.m. on March 6, 2006. permission of the Captain of the Port St. We did not publish a notice of The Coast Guard does not know the Petersburg or his designated proposed rulemaking (NPRM) for this exact dates that this safety zone will be representative. regulation. Under 5 U.S.C. 553(b)(B), the enforced at this time. Coast Guard Coast Guard finds that good cause exists Sector St Petersburg will give notice of Assistance for Small Entities for not publishing an NPRM. The the enforcement of the safety zone by Under section 213(a) of the Small necessary details for the blasting issuing a Broadcast Notice to Mariners Business Regulatory Enforcement demolition of the Treasure Island beginning 24 to 48 hours before the Fairness Act of 1996 (Public Law 104– Causeway bascule bridge were not blasting is scheduled to begin. On-scene 121), we offered to assist small entities provided with sufficient time remaining notice will be provided by local Coast in understanding the rule so that they to publish an NPRM. Publishing an Guard and local law enforcement could better evaluate its effects on them NPRM and delaying its effective date marine units enforcing the safety zone. and participate in the rulemaking
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process. Small entities may contact the Protection of Children which guides the Coast Guard in person listed under FOR FURTHER We have analyzed this rule under complying with the National INFORMATION CONTACT for assistance in Executive Order 13045, Protection of Environmental Policy Act of 1969 understanding and participating in this Children from Environmental Health (NEPA) (42 U.S.C. 4321–4370f), and rulemaking. We also have a point of Risks and Safety Risks. This rule is not have concluded that there are not contact for commenting on actions by an economically significant rule and factors in this case that would limit the employees of the Coast Guard. Small does not create an environmental risk to use of a categorical exclusion under businesses may send comments on the health or risk to safety that may section 2.B.2 of the Instruction. actions of Federal employees who disproportionately affect children. Therefore, this rule is categorically enforce, or otherwise determine excluded, under figure 2–1, paragraph compliance with, Federal regulations to Indian Tribal Governments (34)(g), of the Instruction, from further the Small Business and Agriculture This rule does not have tribal environmental documentation. Regulatory Enforcement Ombudsman implications under Executive Order This rule is a safety zone and and the Regional Small Business 13175, Consultation and Coordination therefore fits the category described in Regulatory Fairness Boards. The with Indian Tribal Governments, paragraph (34)(g). An ‘‘Environmental Ombudsman evaluates these actions because it does not have a substantial Analysis Check List’’ and a ‘‘Categorical annually and rates each agency’s direct effect on one or more Indian Exclusion Determination’’ are not responsiveness to small business. If you tribes, on the relationship between the required for this rule. wish to comment on actions by Federal Government and Indian tribes, List of Subjects in 33 CFR Part 165 employees of the Coast Guard, call 1– or on the distribution of power and 888–REG–FAIR (1–888–734–3247). responsibilities between the Federal Harbors, Marine safety, Navigation Government and Indian tribes. (water), Reporting and recordkeeping Collection of Information requirements, Security measures, This rule calls for no new collection Energy Effects Waterways. of information under the Paperwork We have analyzed this rule under I For the reasons discussed in the Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions preamble, the Coast Guard amends 33 3520). Concerning Regulations That CFR part 165 as follows: Significantly Affect Energy Supply, Federalism Distribution, or Use. We have PART 165—REGULATED NAVIGATION A rule has implications for federalism determined that it is not a ‘‘significant AREAS AND LIMITED ACCESS AREAS under Executive Order 13132, energy action’’ under that order because Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ I 1. The authority citation for part 165 effect on State or local governments and under Executive Order 12866 and it is continues to read as follows: would either preempt State law or not likely to have a significant adverse Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. impose a substantial direct cost of effect on the supply, distribution, or use Chapter 701; 50 U.S.C. 191, 195; 33 CFR compliance on them. We have analyzed of energy. The Administrator of the 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. this rule under that Order and have Office of Information and Regulatory 107–295, 116 Stat. 2064; Department of determined that it does not have Affairs has not designated it as a Homeland Security Delegation No. 0170.1. implications for federalism. significant energy action. Therefore, it I 2. A new section 165.T07–163 is does not require a Statement of Energy Unfunded Mandates Reform Act added to read as follows: Effects under Executive Order 13211. The Unfunded Mandates Reform Act § 165.T07–163 Safety zone: Treasure of 1995 (2 U.S.C. 1531–1538) requires Technical Standards Island Causeway, Tampa Bay, Florida. Federal agencies to assess the effects of The National Technology Transfer (a) Regulated Area. The Coast Guard their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 is establishing a safety zone on the particular, the Act addresses actions U.S.C. 272 note) directs agencies to use waters of the Intracoastal Waterway in that may result in the expenditure by a voluntary consensus standards in their the vicinity of the Treasure Island State, local, or tribal government, in the regulatory activities unless the agency Causeway Bascule bridge. The safety aggregate, or by the private sector of provides Congress, through the Office of zone encompasses all waters within a $100,000,000 or more in any one year. Management and Budget, with an 1,000 foot radius of the Treasure Island Though this rule will not result in such explanation of why using these Bascule bridge located at 27°46′15″ N, an expenditure, we do discuss the standards would be inconsistent with 82°45′12″ W. This safety zone will be effects of this rule elsewhere in this applicable law or otherwise impractical. activated only on days when blasting is preamble. Voluntary consensus standards are scheduled on the bridge during the technical standards (e.g., specifications effective period identified in paragraph Taking of Private Property of materials, performance, design, or (c) of this section. This rule will not effect a taking of operation; test methods; sampling (b) Regulations. In accordance with private property or otherwise have procedures; and related management the general regulations in § 165.23 of taking implications under Executive systems practices) that are developed or this part, entry into this safety zone is Order 12630, Governmental Actions and adopted by voluntary consensus prohibited to all vessels and persons Interference with Constitutionally standards bodies. without the prior permission of the Protected Property Rights. This rule does not use technical Coast Guard Captain of the Port St. standards. Therefore, we did not Petersburg or his designated Civil Justice Reform consider the use of voluntary consensus representative. This rule meets applicable standards standards. (c) Effective Period. This Safety Zone in sections 3(a) and 3(b)(2) of Executive is effective from 7:30 a.m. on January 9, Order 12988, Civil Justice Reform, to Environment 2006 through 6 p.m. on March 10, 2006. minimize litigation, eliminate We have analyzed this rule under (d) Notice of Enforcement. Coast ambiguity, and reduce burden. Commandant Instruction M16475.1D, Guard Sector St. Petersburg will give
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notice of the enforcement of the safety Regulatory Information Discussion of Rule zone by issuing a Broadcast Notice to We did not publish a notice of This rule creates a temporary safety Mariners beginning 24 to 48 hours zone around the Grace Memorial and before the blasting is scheduled to proposed rulemaking (NPRM) for this regulation. Under 5 U.S.C. 553(b)(B), the Silas Pearman Bridges on Hog Island begin. On-scene notice will be provided Reach, and includes all waters within by local Coast Guard and local law Coast Guard finds that good cause exists for not publishing an NPRM. Publishing the area bounded by the following enforcement marine units enforcing the ° ′ ° ′ an NPRM, which would incorporate a coordinates: 32 48.566 N, 079 55.211 safety zone. ° ′ ° ′ comment period before a final rule W to 32 48.389 N, 079 54.256 W to ° ′ ° ′ Dated: January 5, 2006. could be issued and delay the effective 32 47.824 N, 079 54.401 W thence to ° ′ ° ′ J.A. Servidio, date, would be contrary to the public 32 47.994 N, 079 55.359 W. This zone Captain, U.S. Coast Guard, Captain of the interest because immediate action is will only be enforced immediately Port, St. Petersburg, Florida. needed to protect the public and waters preceding a detonation, and for a short [FR Doc. 06–496 Filed 1–18–06; 8:45 am] of the United States. time following a detonation while debris removal is conducted. These BILLING CODE 4910–15–M For the same reason, under 5 U.S.C. enforcement periods will be announced 553(d)(3), the Coast Guard finds that by Coast Guard Sector Charleston good cause exists for making this rule DEPARTMENT OF HOMELAND through broadcast notice to mariners, effective less than 30 days after SECURITY marine safety information bulletins, and publication in the Federal Register. A through local media press releases. Coast Guard patrol vessel will be on Coast Guard While the zone is enforced, persons and scene for the duration of the effective vessels may not enter or remain in the period to notify mariners of the 33 CFR Part 165 zone without the prior permission of the restriction. Captain of the Port Charleston or [COTP Charleston 06–003] Background and Purpose designated representative.
RIN 1625–AA00 The demolition and removal of the Regulatory Evaluation Grace Memorial and Silas Pearman This rule is not a ‘‘significant Safety Zone; Cooper River, Hog Island Bridges is an on-going operation that regulatory action’’ under section 3(f) of Channel, Grace Memorial and Silas will continue throughout the year. This Executive Order 12866, Regulatory Pearman Bridges, Charleston, SC operation will require several explosive Planning and Review, and does not detonations to remove the steel trusses AGENCY: Coast Guard, DHS. require an assessment of potential costs and supporting columns for the two ACTION: Temporary final rule. and benefits under section 6(a)(3) of that bridges. These detonations present a Order. The Office of Management and direct danger to mariners transiting in SUMMARY: The Coast Guard is Budget has not reviewed it under that establishing a temporary safety zone on the vicinity of the bridges on Hog Island Order. It is not ‘‘significant’’ under the the navigable waters of Hog Island Reach on the Cooper River. At this time, regulatory policies and procedures of Reach on the Cooper River, for the the detonation schedule can not be the Department of Homeland Security demolition and recovery operations of exactly determined, however Coast (DHS). Because marine traffic should be the Grace Memorial and Silas Pearman Guard Sector Charleston expects to able to safely transit around the safety Bridges. This rule prohibits entry, receive two weeks notice, at maximum, zone and may be allowed to enter the anchoring, mooring, or transiting within from the contractor before any zone with the permission of the COTP the temporary safety zone without the detonation will occur. or his representative. The purpose of this temporary safety permission of the Captain of the Port Small Entities Charleston or his designated zone is to protect mariners from the representative. This regulation is demolition and recovery operations. Under the Regulatory Flexibility Act necessary to protect life and property on While the effective period for this zone (5 U.S.C. 601–612), we have considered the navigable waters of the Cooper River extends from January 15 to December whether this rule would have a from the danger associated with the 31, 2006, the zone will only be enforced significant economic impact on a demolition and recovery operations of immediately preceding a detonation, substantial number of small entities. these bridges. and for a short duration following a The term ‘‘small entities’’ comprises DATES: The rule is effective from 7:30 detonation to allow for the safe removal small businesses, not-for-profit a.m. on January 15, 2006 through 8:01 of debris. Upon receiving notice from organizations that are independently a.m. on December 31, 2006. the contractor that a detonation will owned and operated and are not occur, Coast Guard Sector Charleston dominant in their fields, and ADDRESSES: Documents indicated in this will notify the public of the date and governmental jurisdictions with preamble as being available in the time the safety zone will be enforced populations of less than 50,000. docket are part of docket [COTP and when enforcement will stop. While The Coast Guard certifies under 5 Charleston 06–003] and are available for the safety zone is being enforced, U.S.C. 605(b) that this rule will not have inspection or copying at Coast Guard mariners may request permission to a significant economic impact on a Sector Charleston (WWM), 196 Tradd transit through the zone by contacting substantial number of small entities. Street, Charleston, South Carolina 29401 the U.S. Coast Guard via VHF–FM The owners and operators of vessels between 7:30 a.m. and 4 p.m., Monday channel 16 or by phone at (843) 724– who wish to navigate through Hog through Friday, except Federal holidays. 7616. Mariners and the general public Island Reach may be impacted by this FOR FURTHER INFORMATION CONTACT: may also contact the Coast Guard to rule. This impact will not be significant Chief Warrant Officer James J. McHugh, request information on the status of the because the safety zone will only be Sector Charleston office of Waterways safety zone, such as, if it is currently enforced for a short duration before and Management, at (843) 724–7647. enforced, or when the next enforcement after detonations on the bridge, the SUPPLEMENTARY INFORMATION: period will be. impact on routine navigation is
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expected to be minimal, commercial Taking of Private Property technical standards (e.g., specifications marine traffic will still be able to safely This rule will not affect a taking of of materials, performance, design, or transit around the temporary safety zone private property or otherwise have operation; test methods; sampling by using the Town Creek Channel, and taking implications under Executive procedures; and related management vessels may be allowed to enter the zone Order 12630, Governmental Actions and systems practices) that are developed or after obtaining the permission of the Interference with Constitutionally adopted by voluntary consensus COTP or their designated representative. Protected Property Rights. standards bodies. Assistance for Small Entities This rule does not use technical Civil Justice Reform standards. Therefore, we did not Under section 213(a) of the Small This rule meets applicable standards consider the use of voluntary consensus Business Regulatory Enforcement in sections 3(a) and 3(b)(2) of Executive standards. Order 12988, Civil Justice Reform, to Fairness Act of 1996 (Pub. L. 104–121), Environment we offer to assist small entities in minimize litigation, eliminate understanding the rule so that they ambiguity, and reduce burden. We have analyzed this rule under Commandant Instruction M16475.lD, could better evaluate its effects on them Protection of Children and participate in the rulemaking which guides the Coast Guard in process. Small entities may contact the We have analyzed this rule under complying with the National person listed under FOR FURTHER Executive Order 13045, Protection of Environmental Policy Act of 1969 Children from Environmental Health INFORMATION CONTACT for assistance in (NEPA)(42 U.S.C. 4321–4370f), and understanding and participating in this Risks and Safety Risks. This rule is not have concluded that there are no factors rulemaking. an economically significant rule and in this case that would limit the use of does not create an environmental risk to a categorical exclusion under section Small businesses may send comments health or risk to safety that may 2.B.2 of the Instruction. Therefore, this on the actions of Federal employees disproportionately affect children. rule is categorically excluded, under who enforce, or otherwise determine figure 2–1, paragraph (34) (g), of the compliance with, Federal regulations to Indian Tribal Governments Instruction, from further environmental the Small Business and Agriculture This rule does not have tribal documentation. A final ‘‘Environmental Regulatory Enforcement Ombudsman implications under Executive Order Analysis Check List’’ and a final and the Regional Small Business 13175, Consultation and Coordination ‘‘Categorical Exclusion Determination’’ Regulatory Fairness Boards. The with Indian Tribal Governments, will be available in the docket where Ombudsman evaluates these actions because it does not have a substantial indicated under ADDRESSES. annually and rates each agency’s direct effect on one or more Indian responsiveness to small business. If you tribes, on the relationship between the List of Subjects in 33 CFR Part 165 wish to comment on actions by Federal Government and Indian tribes, Harbors, Marine safety, Navigation employees of the Coast Guard, call 1– or on the distribution of power and (water), Reporting and recordkeeping 888–REG–FAIR (1–888–734–3247). responsibilities between the Federal requirements, Security measures, Collection of Information Government and Indian tribes. Waterways. Energy Effects This rule calls for no new collection I For the reasons discussed in the of information under the Paperwork We have analyzed this rule under preamble, the Coast Guard amends 33 Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions CFR part 165 as follows: 3520). Concerning Regulations That Significantly Affect Energy Supply, PART 165—REGULATED NAVIGATION Federalism Distribution, or Use. We have AREAS AND LIMITED ACCESS AREAS determined that it is not a ‘‘significant I A rule has implications for federalism energy action’’ under that order because 1. The authority citation for part 165 under Executive Order 13132, it is not a ‘‘significant regulatory action’’ continues to read as follows: Federalism, if it has a substantial direct under Executive Order 12866 and is not Authority: 33 U.S.C 1226, 1231; 46 U.S.C. effect on State or local governments and likely to have a significant adverse effect Chapters 701; 50 U.S.C. 191, 195; 33 CFR would either preempt State law or on the supply, distribution, or use of 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. impose a substantial direct cost of energy. The Administrator of the Office 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. compliance on them. We have analyzed of Information and Regulatory Affairs this rule under that Order and have has not designated it as a significant I determined that it does not have 2. A new temporary § 165.T07–003 is energy action. Therefore, it does not added to read as follows: implications for federalism. require a Statement of Energy Effects Unfunded Mandates Reform Act under Executive Order 13211. § 165.T07–003 Safety Zone, Town Creek Channel, Grace Memorial and Silas The Unfunded Mandates Reform Act Technical Standards Pearman Bridge, Charleston, SC. of 1995 (2 U.S.C. 1531–1538) requires The National Technology Transfer (a) Regulated area. The Coast Guard is Federal agencies to assess the effects of and Advancement Act (NTTAA) (15 establishing a temporary safety zone their discretionary regulatory actions. In U.S.C. 272 note) directs agencies to use around the Grace Memorial and Silas particular, the Act addresses actions voluntary consensus standards in their Pearman Bridges on the Cooper River on that may result in the expenditure by a regulatory activities unless the agency Hog Island Reach, in the City of State, local, or tribal government, in the provides Congress, through the Office of Charleston and Mt. Pleasant, SC. The aggregate, or by the private sector of Management and Budget, with an safety zone includes all waters within $100,000,000 or more in any one year. explanation of why using these the area bounded by an imaginary line Though this rule will not result in such standards would be inconsistent with connecting the following coordinates: expenditure, we do discuss the effects of applicable law or otherwise impractical. 32°48.566′ N, 079°55.211′ W to this rule elsewhere in this preamble. Voluntary consensus standards are 32°48.389′ N, 079°54.256′ W to
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32°47.824′ N, 079°54.401′ W thence to SUMMARY: The Coast Guard is detonation event to protect mariners 32°47.994′ N, 079°55.359′ W. establishing a temporary safety zone on from the navigation hazard presented by (b) Definitions. The following the navigable waters of the Town Creek debris removal operations. After any definitions apply to this section: Channel for the demolition and recovery demolition event, and during the debris Designated representative means operations of the Grace Memorial and removal, mariners may request Coast Guard Patrol Commanders Silas Pearman Bridges. This rule permission to transit through the safety including Coast Guard coxswains, petty prohibits entry, anchoring, mooring, or zone by contacting the U.S. Coast Guard officers and other officers operating transiting within the temporary safety via VHF–FM channel 16 or by phone at Coast Guard vessels, and federal, state, zone without the permission of the (843) 724–7616. and local officers designated by or Captain of the Port Charleston or his Regulatory Evaluation assisting the Captain of the Port (COTP) designated representative. This Charleston in the enforcement of the regulation is necessary to protect life This rule is not a ‘‘significant regulated area. and property on the navigable waters of regulatory action’’ under section 3(f) of (c) Regulations. In accordance with the Town Creek channel from the Executive Order 12866, Regulatory the general regulations in § 165.23 of danger associated with the demolition/ Planning and Review, and does not this part, entering, anchoring, mooring recovery operations of the Grace require an assessment of potential costs or transiting in the Regulated Area is Memorial and Silas Pearman Bridges. and benefits under section 6(a)(3) of that prohibited, except as provided for Order. The Office of Management and DATES: The rule is effective from 7:30 herein, or unless authorized by the Budget has not reviewed it under that a.m. on October 20, 2005 through 8:01 Coast Guard Captain of the Port Order. It is not ‘‘significant’’ under the a.m. on January 30, 2006. Charleston, South Carolina, or his regulatory policies and procedures of designated representative. Persons and ADDRESSES: Documents indicated in this the Department of Homeland Security vessels may request permission to enter preamble as being available in the (DHS). Because marine traffic should be the safety zone on VHF–FM channel 16 docket are part of docket [COTP able to safely transit around the safety or via phone at (843) 724–7616. Charleston 05–133] and are available for zone and may be allowed to enter the (d) Enforcement Period. This inspection or copying at Coast Guard zone with the permission of the COTP regulation will only be enforced at times Sector Charleston (WWM), 196 Tradd or his representative. immediately preceding an explosive Street, Charleston, South Carolina 29401 detonation on the Grace Memorial or between 7:30 a.m. and 4 p.m., Monday Small Entities Silas Pearman Bridges, and for a short through Friday, except Federal holidays. Under the Regulatory Flexibility Act period after the detonation during FOR FURTHER INFORMATION CONTACT: (5 U.S.C. 601–612), we have considered debris removal operations. Coast Guard Chief Warrant Officer James J. McHugh, whether this rule would have a Sector Charleston will announce the Sector Charleston office of Waterways significant economic impact on a start date and expected duration of each Management, at (843) 723–7647. substantial number of small entities. enforcement period through broadcast SUPPLEMENTARY INFORMATION: The term ‘‘small entities’’ comprises notice to mariners, marine safety small businesses, not-for-profit information bulletins, through local Regulatory Information organizations that are independently media press releases and on-scene We did not publish a notice of owned and operated and are not patrol assets. Additionally, anyone proposed rulemaking (NPRM) for this dominant in their fields, and wishing to inquire as to the status of the regulation. Under 5 U.S.C. 553(b)(B), the governmental jurisdictions with safety zone may contact Coast Guard Coast Guard finds that good cause exists populations of less than 50,000. Sector Charleston at (843) 724–7616. for not publishing an NPRM. Publishing The Coast Guard certifies under 5 (e) Dates. This rule is effective from an NPRM, which would incorporate a U.S.C. 605(b) that this rule will not have 7:30 a.m. EDT on January 15, 2006 until comment period before a final rule a significant economic impact on a 8:01 a.m. EDT on December 31, 2006. could be issued and delay the effective substantial number of small entities. Dated: January 6, 2006. date, would be contrary to the public The owners and operators of vessels John E. Cameron, interest because immediate action is who wish to navigate through Town Captain, U.S. Coast Guard, Captain of the needed to protect the public and waters Creek Channel may be impacted by this Port Charleston, SC. of the United States. rule. This impact will not be significant [FR Doc. 06–499 Filed 1–18–06; 8:45 am] For the same reason, under 5 U.S.C. because the rule will only be in effect 553(d)(3), the Coast Guard finds that for a short duration, the impact on BILLING CODE 4910–15–P good cause exists for making this rule routine navigation is expected to be effective less than 30 days after minimal, commercial marine traffic will DEPARTMENT OF HOMELAND publication in the Federal Register. A still be able to safely transit around the SECURITY Coast Guard patrol vessel will be on temporary safety zone by using the scene for the duration of the effective Cooper River Channel, and vessels may Coast Guard period to notify mariners of the be allowed to enter the zone after restriction. obtaining the permission of the COTP or 33 CFR Part 165 his designated representative. Background and Purpose [COTP Charleston 05–143] This demolition recovery operations Assistance for Small Entities RIN 1625–AA97 will require several blasts that will be Under section 213(a) of the Small needed to remove the steel trusses and Business Regulatory Enforcement Safety Zone; Town Creek Channel, supporting columns for the Grace Fairness Act of 1996 (Pub. L. 104–121), Grace Memorial and Silas Pearman Memorial and Silas Pearman Bridges. we offer to assist small entities in Bridges, Charleston, SC The purpose of this temporary zone is understanding the rule so that they AGENCY: Coast Guard, DHS. to protect mariners from the demolition/ could better evaluate its effects on them recovery operations. The safety zones and participate in the rulemaking ACTION: Temporary final rule. will remain in effect following any process. Small entities may contact the
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person listed under FOR FURTHER Children from Environmental Health (NEPA)(42 U.S.C. 4321–4370f), and INFORMATION CONTACT for assistance in Risks and Safety Risks. This rule is not have concluded that there are no factors understanding and participating in this an economically significant rule and in this case that would limit the use of rulemaking. does not create an environmental risk to a categorical exclusion under section Small businesses may send comments health or risk to safety that may 2.B.2 of the Instruction. Therefore, this on the actions of Federal employees disproportionately affect children. rule is categorically excluded, under who enforce, or otherwise determine figure 2–1, paragraph (34) (g), of the Indian Tribal Governments compliance with, Federal regulations to Instruction, from further environmental the Small Business and Agriculture This rule does not have tribal documentation. A final ‘‘Environmental Regulatory Enforcement Ombudsman implications under Executive Order Analysis Check List’’ and a final and the Regional Small Business 13175, Consultation and Coordination ‘‘Categorical Exclusion Determination’’ Regulatory Fairness Boards. The with Indian Tribal Governments, will be available in the docket where Ombudsman evaluates these actions because it does not have a substantial indicated under ADDRESSES. annually and rates each agency’s direct effect on one or more Indian List of Subjects in 33 CFR Part 165 responsiveness to small business. If you tribes, on the relationship between the wish to comment on actions by Federal Government and Indian tribes, Harbors, Marine safety, Navigation employees of the Coast Guard, call 1– or on the distribution of power and (water), Reporting and recordkeeping 888–REG–FAIR (1–888–734–3247). responsibilities between the Federal requirements, Security measures, Government and Indian tribes. Waterways. Collection of Information Energy Effects I For the reasons discussed in the This rule calls for no new collection preamble, the Coast Guard amends 33 We have analyzed this rule under of information under the Paperwork CFR part 165 as follows: Reduction Act of 1995 (44 U.S.C. 3501– Executive Order 13211, Actions 3520). Concerning Regulations That PART 165—REGULATED NAVIGATION Significantly Affect Energy Supply, AREAS AND LIMITED ACCESS AREAS Federalism Distribution, or Use. We have A rule has implications for federalism determined that it is not a ‘‘significant I 1. The authority citation for part 165 under Executive Order 13132, energy action’’ under that order because continues to read as follows: Federalism, if it has a substantial direct it is not a ‘‘significant regulatory action’’ Authority: 33 U.S.C 1226, 1231; 46 U.S.C. effect on State or local governments and under Executive Order 12866 and is not Chapters 701; 50 U.S.C. 191, 195; 33 CFR would either preempt State law or likely to have a significant adverse effect 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. impose a substantial direct cost of on the supply, distribution, or use of 107–295, 116 Stat. 2064; Department of compliance on them. We have analyzed energy. The Administrator of the Office Homeland Security Delegation No. 0170.1. this rule under that Order and have of Information and Regulatory Affairs I 2. A new temporary § 165.T07–143 is determined that it does not have has not designated it as a significant added to read as follows: implications for federalism. energy action. Therefore, it does not require a Statement of Energy Effects § 165.T07–143 Town Creek Channel, Grace Unfunded Mandates Reform Act under Executive Order 13211. Memorial and Silas Pearman Bridge, The Unfunded Mandates Reform Act Charleston, SC. of 1995 (2 U.S.C. 1531–1538) requires Technical Standards (a) Regulated area. The Coast Guard is Federal agencies to assess the effects of The National Technology Transfer establishing a temporary safety zone their discretionary regulatory actions. In and Advancement Act (NTTAA) (15 near the Grace Memorial and Silas particular, the Act addresses actions U.S.C. 272 note) directs agencies to use Pearman Bridges on the Town Creek that may result in the expenditure by a voluntary consensus standards in their Channel, in the City of Charleston, SC. State, local, or tribal government, in the regulatory activities unless the agency The safety zone includes all waters aggregate, or by the private sector of provides Congress, through the Office of within the area bounded by a line $100,000,000 or more in any one year. Management and Budget, with an connecting the following coordinates: Though this rule will not result in such explanation of why using these 32°48′.375 N, 079°55′.844 W to expenditure, we do discuss the effects of standards would be inconsistent with 32°47′.956 N, 079°55′.542 W to this rule elsewhere in this preamble. applicable law or otherwise impractical. 32°47′.879 N, 079°55′.693 W thence to Voluntary consensus standards are 32°48′.304 N, 079°55′.985 W thence Taking of Private Property technical standards (e.g., specifications return to 32°48′.375 N, 079°55′.844 W. This rule will not affect a taking of of materials, performance, design, or (b) Definitions. The following private property or otherwise have operation; test methods; sampling definitions apply to this section: taking implications under Executive procedures; and related management Designated representative means Order 12630, Governmental Actions and systems practices) that are developed or Coast Guard Patrol Commanders Interference with Constitutionally adopted by voluntary consensus including Coast Guard coxswains, petty Protected Property Rights. standards bodies. officers and other officers operating This rule does not use technical Coast Guard vessels, and federal, state, Civil Justice Reform standards. Therefore, we did not and local officers designated by or This rule meets applicable standards consider the use of voluntary consensus assisting the Captain of the Port (COTP) in sections 3(a) and 3(b)(2) of Executive standards. Charleston in the enforcement of the Order 12988, Civil Justice Reform, to regulated area. minimize litigation, eliminate Environment (c) Regulations. In accordance with ambiguity, and reduce burden. We have analyzed this rule under the general regulations in § 165.23 of Commandant Instruction M16475.lD, this part, anchoring, mooring or Protection of Children which guides the Coast Guard in transiting in this zone is prohibited, We have analyzed this rule under complying with the National except as provided for herein, or unless Executive Order 13045, Protection of Environmental Policy Act of 1969 authorized by the Coast Guard Captain
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of the Port Charleston, South Carolina, such comment, EPA will publish a recommends that you include your or his designated representative. timely withdrawal in the Federal name and other contact information in Persons and vessels may request Register informing the public that this the body of your comment and with any permission to enter the safety zone on rule will not take effect. disk or CD–ROM you submit. If EPA VHF–FM channel 16 or via phone at ADDRESSES: Submit your comments, cannot read your comment due to (843) 720–3240. identified by Docket No. EPA–R06– technical difficulties and cannot contact (d) Dates. This rule is effective from OAR–2005–TX–0014, by one of the you for clarification, EPA may not be 7:30 a.m. EDT on October 20, 2005 until following methods: able to consider your comment. 8:01 a.m. EDT on January 30, 2006. • Federal eRulemaking Portal: http:// Electronic files should avoid the use of Dated: October 26, 2005. www.regulations.gov. Follow the on-line special characters, any form of John E. Cameron, instructions for submitting comments. encryption, and be free of any defects or • Captain, U.S. Coast Guard, Captain of the EPA Region 6 ‘‘Contact Us’’ Web viruses. Port, Charleston, SC. site: http://epa.gov/region6/ Docket: All documents in the docket are listed in the www.regulations.gov [FR Doc. 06–498 Filed 1–18–06; 8:45 am] r6coment.htm. Please click on ‘‘6PD’’ index. Although listed in the index, BILLING CODE 4910–15–P (Multimedia) and select ‘‘Air’’ before submitting comments. some information is not publicly • E-mail: Mr. Thomas Diggs at available, e.g., CBI or other information [email protected]. Please also send whose disclosure is restricted by statute. ENVIRONMENTAL PROTECTION Certain other material, such as AGENCY a copy by email to the person listed in the FOR FURTHER INFORMATION CONTACT copyrighted material, will be publicly 40 CFR Part 52 section below. available only in hard copy. Publicly • Fax: Mr. Thomas Diggs, Chief, Air available docket materials are available [EPA–R06–OAR–2005–TX–0014; FRL–8022– Planning Section (6PD–L), at fax either electronically in 2] number 214–665–7263. www.regulations.gov or in hard copy at • the Air Planning Section (6PD–L), Approval and Promulgation of Air Mail: Mr. Thomas Diggs, Chief, Air Planning Section (6PD–L), Environmental Protection Agency, 1445 Quality Implementation Plans; Texas; Ross Avenue, Suite 700, Dallas, Texas Revisions To Control Volatile Organic Environmental Protection Agency, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202–2733. The file will be made Compound Emissions; Volatile available by appointment for public Organic Compound Control for 75202–2733. • Hand or Courier Delivery: Mr. inspection in the Region 6 FOIA Review Facilities in the Dallas/Fort Worth Room between the hours of 8:30 a.m. Ozone Nonattainment Area Thomas Diggs, Chief, Air Planning Section (6PD–L), Environmental and 4:30 p.m. weekdays except for legal AGENCY: Environmental Protection Protection Agency, 1445 Ross Avenue, holidays. Contact the person listed in Agency (EPA). Suite 1200, Dallas, Texas 75202–2733. the FOR FURTHER INFORMATION CONTACT ACTION: Direct final rule. Such deliveries are accepted only paragraph below or Mr. Bill Deese at between the hours of 8 a.m. and 4 p.m. 214–665–7253 to make an appointment. SUMMARY: EPA is taking direct final weekdays except for legal holidays. If possible, please make the action to approve Texas State Special arrangements should be made appointment at least two working days Implementation Plan (SIP) revisions. for deliveries of boxed information. in advance of your visit. There will be The revisions pertain to regulations to Instructions: Direct your comments to a 15 cent per page fee for making control Volatile Organic Compound Docket ID No. EPA–R06–OAR–2005– photocopies of documents. On the day (VOC) emissions from VOC transfer TX–0014. EPA’s policy is that all of the visit, please check in at the EPA operations and solvent using processes. comments received will be included in Region 6 reception area at 1445 Ross The revisions allow use of gasoline the public docket without change and Avenue, Suite 700, Dallas, Texas. vapor recovery systems approved by may be made available online at The State submittal is also available Texas, and add new requirements to http://www.regulations.gov, including for public inspection at the State Air control VOC emissions from motor any personal information provided, Agency listed below during official vehicle fuel dispensing facilities and unless the comment includes business hours by appointment: surface coating facilities in Ellis, information claimed to be Confidential Texas Commission on Environmental Johnson, Kaufman, Parker, and Business Information (CBI) or other Quality, Office of Air Quality, 12124 Rockwall Counties. These counties are information whose disclosure is Park 35 Circle, Austin, Texas 78753. part of the Dallas/Fort Worth (DFW) 8- restricted by statute. Do not submit FOR FURTHER INFORMATION CONTACT: Carl hour ozone standard nonattainment information that you consider to be CBI Young, Air Planning Section (6PD–L), area. The revisions also amend or otherwise protected through Environmental Protection Agency, regulations on use of cleaning solvents. www.regulations.gov or e-mail. The Region 6, 1445 Ross Avenue, Suite 700, We are approving the revisions pursuant www.regulations.gov Web site is an Dallas, Texas 75202–2733, telephone to sections 110, 116 and part D of the ‘‘anonymous access’’ system, which 214–665–6645; fax number 214–665– Federal Clean Air Act (CAA). The means EPA will not know your identity 7263; e-mail address control of VOC emissions will help to or contact information unless you [email protected]. attain and maintain the 8-hour national provide it in the body of your comment. SUPPLEMENTARY INFORMATION: ambient air quality standard (NAAQS) If you send an e-mail comment directly Throughout this document, whenever for ozone in Texas. This approval will to EPA without going through ‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean make the revised regulations Federally www.regulations.gov your e-mail the EPA. enforceable. address will be automatically captured DATES: This rule is effective on March and included as part of the comment Outline 20, 2006 without further notice, unless that is placed in the public docket and I. What is a SIP? EPA receives relevant adverse comment made available on the Internet. If you II. What Rules Were Submitted by Texas to by February 21, 2006. If EPA receives submit an electronic comment, EPA be Approved into the SIP?
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III. What Action is EPA Taking? control VOC vapor emissions as hazardous air pollutants, as defined in IV. What is the Effect of this Action? gasoline tank-trucks fill gasoline station Title III of the CAA. V. Final Action storage tanks by returning the vapors to An additional option was provided VI. Statutory and Executive Order Reviews the tank-truck. Facilities in these for certain offset lithographic printers to I. What Is a SIP? counties that dispense 125,000 gallons meet VOC control requirements. The or more per month were already printers may use low VOC emission Section 110 of the CAA requires states required to operate Stage I vapor cleaning solutions with a maximum to develop air pollution regulations and recovery systems. VOC composite partial pressure of ten control strategies to ensure that state air mm Hg at 20 degrees Celsius (30 TAC quality meets the NAAQS established Surface coating facilities in Ellis, Johnson, Kaufman, Parker, and 115.442(1)(F)(iii)). The VOC composite by EPA. These ambient standards are partial pressure is the sum of the partial established under section 109 of the Rockwall Counties must comply with Texas requirements to control VOC pressures of the VOC compounds in the CAA, and they currently address six cleaning solution. Monitoring criteria pollutants. These pollutants are: emissions no later than June 15, 2007 (30 TAC 115.429). Surface coating requirements for VOC control devices Carbon monoxide, nitrogen dioxide, used on heatset offset lithographic ozone, lead, particulate matter, and facilities apply or impregnate material onto or into a substrate for protective, printing presses were changed to allow sulfur dioxide. for a temperature monitoring device Each state which contains areas that decorative, or functional purposes. Such materials include paints, varnishes, accuracy of plus or minus 1.0% of the are not attaining the NAAQS must temperature being monitored, in lieu of submit these regulations and control sealants, adhesives, thinners, and inks. The requirements affect (1) materials an accuracy of plus or minus 0.5 degrees strategies to us for approval and Fahrenheit (30 TAC 115.446(1)). The incorporation into the Federally- used for surface coating that emit VOCs and (2) practices and control equipment requirements apply to offset enforceable SIP. lithographic printers in Brazoria, Each Federally-approved SIP protects to minimize VOC emissions. The rules amend regulations on Stage Chambers, Collin, Dallas, Denton, El air quality primarily by addressing air Paso, Fort Bend, Galveston, Gregg, I and Stage II vapor recovery systems at pollution at its point of origin. These Hardin, Harris, Jefferson, Liberty, motor vehicle fuel dispensing facilities. SIPs can be extensive, containing state Montgomery, Nueces, Orange, Tarrant, Stage II gasoline vapor recovery systems regulations or other enforceable Victoria, and Waller Counties. documents and supporting information control VOC vapor releases during the such as emission inventories, refueling of motor vehicles. The rules III. What Action Is EPA Taking? monitoring networks, and modeling allow Texas to approve use of gasoline EPA is taking direct final action to demonstrations. vapor recovery systems certified by an approve revisions to the Texas SIP that independent third party (30 TAC 115 pertain to regulations which control II. What Rules Were Submitted by §§ 222, 223, 240, 242, and 245) and VOC emissions in Texas. The revisions Texas To Be Approved Into the SIP? expand the types of Stage II vapor were adopted by the State of Texas and Texas submitted rules for inclusion recovery equipment deemed compatible submitted to EPA on (1) September 7, into the SIP for ozone which added and with onboard refueling vapor recovery 2001, (2) July 18, 2002, (3) January 28, amended requirements to control VOC (ORVR) systems (30 TAC 115.240). 2003, (4) November 7, 2003, (5) April emissions. VOCs are a key component Equipment can be certified as ORVR 15, 2005, and (6) May 13, 2005. in the formation of ozone. The rules also compatible by the California Air The revisions submitted to EPA that made a variety of changes which (1) Resources Board or an independent are being approved amend §§ 115.10, clarify existing requirements, (2) update third party using approved tests. ORVR 115.211, 115.214, 115.215, 115.216, references, and (3) make the rules easier equipment is required on newer 115.217, 115.219, 115.222, 115.223, to read. The revisions amended Title 30 vehicles. Requiring compatibility 115.229, 115.240, 115.242, 115.243, of the Texas Administrative Code, between ORVR and Stage II systems will 115.245, 115.248, 115.249, 115.420, Chapter 115, Control of Air Pollution decrease VOC emissions when vehicles 115.421, 115.422, 115.423, 115.426, from Volatile Organic Compounds (30 with ORVR are being refueled. 115.427, 115.429, 115.432, 115.433, TAC 115). See our Technical Support Requirements for ORVR compatibility 115.435, 115.436, 115.439, 115.440, Document (TSD) for more information. were previously approved by EPA on 115.442, 115.445, and 115.446 in 30 The State rules add new requirements March 29, 2005 (70 FR 15769). TAC 115. The revisions (1) allow use of to control VOC emissions from (1) motor An inconsistency was corrected gasoline vapor recovery systems vehicle fuel dispensing facilities and (2) between the Texas regulations and EPA approved by Texas, and (2) add new surface coating facilities in Ellis, requirements for aerospace requirements to control VOC emissions Johnson, Kaufman, Parker, and manufacturing and rework operations, from motor vehicle fuel dispensing Rockwall Counties. These counties are (40 CFR 63.744). See our TSD for more facilities and surface coating facilities in part of the DFW 8-hour ozone standard information. With the correction, use of Ellis, Johnson, Kaufman, Parker, and nonattainment area. Facilities in the certain low VOC emission hydrocarbon- Rockwall Counties. These counties are other DFW area counties, (Dallas, based cleaning solvents for aerospace part of the DFW 8-hour ozone standard Denton, Tarrant and Collin Counties), coating processes is exempt from nonattainment area. The revisions also are already subject to the requirements. ‘‘housekeeping measures’’ (30 TAC amend regulations on use of cleaning The State rules require motor vehicle 115.422(5)(E)). Housekeeping measures solvents. fuel dispensing facilities in Ellis, include storing cleaning solvents and We are approving the revisions Johnson, Kaufman, Parker, and materials moistened with cleaning pursuant to sections 110, 116 and part Rockwall Counties that dispense at least solvents in closed containers. In order to D of the CAA. Many of these revisions 10,000 but less than 125,000 gallons of be exempt the hydrocarbon-based are nonsubstantive changes which fuel per calender month to operate Stage cleaning solvent must have a maximum clarify rules that are already contained I gasoline vapor recovery systems no vapor pressure of seven millimeters of in the Texas ozone SIP. The other later than June 15, 2007 (30 TAC mercury (mm Hg) at 20 degrees Celsius revisions strengthen the Texas ozone 115.229). Stage I vapor recovery systems (68 degrees Fahrenheit) and contain no SIP as they (1) reduce VOC emissions in
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the Dallas/Fort Worth area by adding being approved are §§ 115.10, 115.211, this reason and because this action will additional controls, (2) provide more 115.214, 115.215, 115.216, 115.217, not have a significant, adverse effect on options for controlling VOC emissions 115.219, 115.222, 115.223, 115.229, the supply, distribution, or use of that are equivalent to controls approved 115.240, 115.242, 115.243, 115.245, energy, this action is also not subject to by EPA, and (3) add incentives for use 115.248, 115.249, 115.420, 115.421, Executive Order 13211, ‘‘Actions of products that have lower VOC 115.422, 115.423, 115.426, 115.427, Concerning Regulations That emissions. The control of VOC 115.429, 115.432, 115.433, 115.435, Significantly Affect Energy Supply, emissions will help to attain and 115.436, 115.439, 115.440, 115.442, Distribution, or Use’’ (66 FR 28355, May maintain the 8-hour national ambient 115.445, and 115.446 in 30 TAC Chapter 22, 2001). This action merely approves air quality standard (NAAQS) for ozone 115, Control of Air Pollution from state law as meeting Federal in Texas. The State’s revisions will not Volatile Organic Compounds. requirements and imposes no additional interfere with any applicable We have evaluated the State’s requirements beyond those imposed by requirement concerning attainment or submittal and have determined that it state law. Accordingly, the any other applicable requirement of the meets the applicable requirements of the Administrator certifies that this rule CAA. As such, EPA’s approval of the CAA and EPA air quality regulations. will not have a significant economic revisions complies with the Therefore, we are approving revisions to impact on a substantial number of small requirements of section 110(l) of the the Texas SIP of regulations to control entities under the Regulatory Flexibility CAA. Under section 110(l) EPA may not VOC emissions. The control of VOC Act (5 U.S.C. 601 et seq.). Because this approve a SIP revision if the revision emissions will help to attain and rule approves pre-existing requirements would interfere with any applicable maintain the 8-hour national ambient under state law and does not impose requirement concerning attainment or air quality standard for ozone in Texas. any additional enforceable duty beyond any other applicable requirement of the We are also making ministerial that required by state law, it does not CAA. This approval will make the corrections to the table in 40 CFR contain any unfunded mandate or revised regulations Federally 52.2270(c) to reflect SIP submittal dates significantly or uniquely affect small enforceable. Other revisions of the and Federal Register citations of EPA governments, as described in the Texas VOC regulations submitted to action. The ministerial corrections Unfunded Mandates Reform Act of 1995 EPA will be addressed in another apply to table entries for Sections (Pub. L. 104–4). Federal Register action. See our TSD for 115.212, 115.213, 115.224, 115.225, This rule also does not have tribal more information. 115.226, 115.234, 115.235, 115.236, implications because it will not have a We are also making ministerial 115.237, 115.424, 115.425, 115.430, substantial direct effect on one or more corrections to the table in 40 CFR 115.437, 115.443, and 115.449. Indian tribes, on the relationship 52.2270(c) to reflect SIP submittal dates EPA is publishing this rule without between the Federal Government and and Federal Register citations of EPA prior proposal because we view this as Indian tribes, or on the distribution of action. The ministerial corrections a noncontroversial amendment and power and responsibilities between the apply to table entries for §§ 115.212, anticipate no relevant adverse Federal Government and Indian tribes, 115.213, 115.224, 115.225, 115.226, comments. However, in the proposed as specified by Executive Order 13175 115.234, 115.235, 115.236, 115.237, rules section of this Federal Register (65 FR 67249, November 9, 2000). This 115.424, 115.425, 115.430, 115.437, publication, we are publishing a action also does not have Federalism 115.443, and 115.449. separate document that will serve as the implications because it does not have proposal to approve the SIP revision if substantial direct effects on the States, IV. What Is the Effect of This Action? relevant adverse comments are received. on the relationship between the national This action approves revisions to the This rule will be effective on March 20, government and the States, or on the Texas SIP that pertain to regulations to 2006 without further notice unless we distribution of power and control VOC emissions. The control of receive relevant adverse comment by responsibilities among the various VOC emissions will help to attain and February 21, 2006. If we receive relevant levels of government, as specified in maintain the 8-hour NAAQS for ozone adverse comments, we will publish a Executive Order 13132 (64 FR 43255, in Texas. This approval will make these timely withdrawal in the Federal August 10, 1999). This action merely revised regulations Federally Register informing the public that the approves a state rule implementing a enforceable. Enforcement of the rule will not take effect. We will address Federal standard, and does not alter the regulations in a State SIP before and all public comments in a subsequent relationship or the distribution of power after it is incorporated into the Federally final rule based on the proposed rule. and responsibilities established in the approved SIP is primarily a state We will not institute a second comment CAA. This rule also is not subject to responsibility. However, after the period on this action. Any parties Executive Order 13045 ‘‘Protection of regulations are Federally approved, we interested in commenting must do so Children from Environmental Health are authorized to take enforcement now. Please note that if we receive Risks and Safety Risks’’ (62 FR 19885, action against violators. Citizens are also adverse comment on an amendment, April 23, 1997), because it is not offered legal recourse to address paragraph, or section of this rule and if economically significant. violations as described in section 304 of that provision may be severed from the In reviewing SIP submissions under the CAA. remainder of the rule, we may adopt as the National Technology Transfer and final those provisions of the rule that are Advancement Act of 1995 (15 U.S.C. V. Final Action not the subject of an adverse comment. 272 note), EPA’s role is to approve state EPA is approving revisions to the choices, provided that they meet the Texas SIP pertaining to control of VOC VI. Statutory and Executive Order criteria of the CAA. In this context, in emissions. The revisions were Reviews the absence of a prior existing submitted to EPA by the State of Texas Under Executive Order 12866 (58 FR requirement for the State to use on (1) September 7, 2001, (2) July 18, 51735, October 4, 1993), this action is voluntary consensus standards (VCS), 2002, (3) January 28, 2003, (4) not a ‘‘significant regulatory action’’ and EPA has no authority to disapprove a November 7, 2003, (5) April 15, 2005, therefore is not subject to review by the SIP submission for failure to use VCS. and (6) May 13, 2005. The revisions Office of Management and Budget. For It would thus be inconsistent with
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applicable law for EPA, when it reviews This action is not a ‘‘major rule’’ as PART 52—[AMENDED] a SIP submission, to use VCS in place defined by 5 U.S.C. section 804(2). of a SIP submission that otherwise Under section 307(b)(1) of the CAA, I 1. The authority citation for part 52 satisfies the provisions of the CAA. petitions for judicial review of this continues to read as follows: Thus, the requirements of section 12(d) action must be filed in the United States Authority: 42 U.S.C. 7401 et seq. of the National Technology Transfer and Court of Appeals for the appropriate Advancement Act of 1995 do not apply. circuit by March 20, 2006. Filing a Subpart SS—Texas This rule does not impose an petition for reconsideration by the information collection burden under the Administrator of this final rule does not I 2. The table in § 52.2270(c) entitled provisions of the Paperwork Reduction affect the finality of this rule for the ‘‘EPA Approved Regulations in the Act of 1995 (44 U.S.C. 3501 et seq.). purposes of judicial review nor does it Texas SIP’’ is amended by revising the The Congressional Review Act, 5 extend the time within which a petition U.S.C. section 801 et seq., as added by for judicial review may be filed, and entries for §§ 115.10, 115.211, 115.212, the Small Business Regulatory shall not postpone the effectiveness of 115.213, 115.214, 115.215, 115.216, Enforcement Fairness Act of 1996, such rule or action. This action may not 115.217, 115.219, 115.222, 115.223, generally provides that before a rule be challenged later in proceedings to 115.224, 115.225, 115.226, 115.229, may take effect, the agency enforce its requirements. (See section 115.234, 115.235, 115.236, 115.237, promulgating the rule must submit a 307(b)(2).) 115.240, 115.242, 115.243, 115.245, rule report, which includes a copy of 115.248, 115.249, 115.420, 115.421, the rule, to each House of the Congress List of Subjects in 40 CFR Part 52 115.422, 115.423, 115.424, 115.425, and to the Comptroller General of the Environmental protection, Air 115.426, 115.427, 115.429, 115.430, United States. EPA will submit a report pollution control, Intergovernmental 115.432, 115.433, 115.435, 115.436, containing this rule and other required relations, Ozone, Reporting and 115.437, 115.439, 115.440, 115.442, information to the U.S. Senate, the U.S. recordkeeping requirements, Volatile 115.443, 115.445, 115.446 and 115.449 House of Representatives, and the organic compounds. to read as follows: Comptroller General of the United Dated: January 6, 2006. States prior to publication of the rule in § 52.2270 Identification of plan. Lawrence E. Starfield, the Federal Register. A major rule * * * * * cannot take effect until 60 days after it Acting Regional Administrator, Region 6. is published in the Federal Register. I 40 CFR part 52 is amended as follows: (c) * * *
EPA-APPROVED REGULATIONS IN THE TEXAS SIP
State ap- State citation Title/subject proval/sub- EPA approval date Explanation mittal date
*******
Chapter 115 (Reg 5)—Control of Air Pollution from Volatile Organic Compounds
*******
Subchapter A: Definitions
Section 115.10...... Definitions ...... 04/13/05 01/19/06 [Insert FR page number where document begins].
*******
Subchapter C: Volatile Organic Compound Transfer Operations
Division 1: Loading and Unloading of Volatile Organic Compounds
Section 115.211...... Emission Specifications...... 12/13/02 01/19/06 [Insert FR page number where document begins]. Section 115.212 ...... Control Requirements ...... 12/06/00 07/16/01, 66 FR 36913. Section 115.213 ...... Alternate Control Requirements ...... 06/30/99 12/20/00, 65 FR 79745. Section 115.214...... Inspection Requirements...... 04/26/02 01/19/06 [Insert FR page number where document begins]. Section 115.215...... Approved Test Methods...... 12/13/02 01/19/06 [Insert FR page number where document begins]. Section 115.216...... Monitoring and Record-keeping Re- 10/22/03 01/19/06 [Insert FR page number quirements. where document begins]. Section 115.217...... Exemptions ...... 10/22/03 01/19/06 [Insert FR page number where document begins]. Section 115.219...... Counties and Compliance...... 12/13/02 01/19/06 [Insert FR page number where document begins].
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EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State ap- State citation Title/subject proval/sub- EPA approval date Explanation mittal date
*******
Division 2: Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities
Section 115.222...... Control Requirements...... 03/23/05 01/19/06 [Insert FR page number where document begins]. Section 115.223...... Alternate Control Requirements...... 03/23/05 01/19/06 [Insert FR page number where document begins]. Section 115.224 ...... Inspection Requirements ...... 06/30/99 12/20/00, 65 FR 79745. Section 115.225 ...... Testing Requirements ...... 06/30/99 12/20/00, 65 FR 79745. Section 115.226 ...... Recordkeeping Requirements ...... 06/30/99 12/20/00, 65 FR 79745.
******* Section 115.229 ...... Counties and Compliance Schedule D 04/13/05 01/19/06 [Insert FR page number where document begins].
Division 3: Control of Volatile Organic Leaks from Transport Vessels
Section 115.234 ...... Inspection Requirements ...... 06/30/99 12/20/00, 65 FR 79745. Section 115.235 ...... Approved Test Methods ...... 06/30/99 12/20/00, 65 FR 79745. Section 115.236 ...... Recordkeeping Requirements ...... 06/30/99 12/20/00, 65 FR 79745. Section 115.237 ...... Exemptions ...... 06/30/99 12/20/00, 65 FR 79745.
*******
Division 4: Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities
Section 115.240...... Stage II Vapor Recovery Definitions 3/23/05 01/19/06 [Insert FR page number and List of California Air Resources where document begins]. Board Certified Stage II Equipment.
******* Section 115.242...... Control Requirements...... 03/23/05 01/19/06 [Insert FR page number where document begins]. Section 115.243...... Alternate Control Requirements...... 03/23/05 01/19/06 [Insert FR page number where document begins].
******* Section 115.245 ...... Testing Requirements ...... 03/23/05 01/19/06 [Insert FR page number where document begins].
******* Section 115.248...... Training Requirements...... 03/23/05 01/19/06 [Insert FR page number where document begins]. Section 115.249 ...... Counties and Compliance Schedules .. 03/23/05 01/19/06 [Insert FR page number where document begins].
*******
Subchapter E: Solvent-Using Processes
*******
Division 2: Surface Coating Processes
Section 115.420...... Surface Coating Definitions...... 12/13/02 01/19/06 [Insert FR page number where document begins]. Section 115.421...... Emission Specifications...... 12/13/02 01/19/06 [Insert FR page number where document begins]. Section 115.422...... Control Requirements...... 04/26/02 01/19/06 [Insert FR page number where document begins]. Section 115.423...... Alternate Control Requirements...... 08/08/01 01/19/06 [Insert FR page number where document begins]. Section 115.424 ...... Inspection Requirements ...... 06/29/00 10/30/01, 66 FR 54688. Section 115.425 ...... Testing Requirements ...... 06/29/00 10/30/01, 65 FR 54688. Section 115.426...... Monitoring and Recordkeeping Re- 08/08/01 01/19/06 [Insert FR page number quirements. where document begins]. Section 115.427...... Exemptions ...... 12/31/02 01/19/06 [Insert FR page number where document begins].
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EPA-APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State ap- State citation Title/subject proval/sub- EPA approval date Explanation mittal date
Section 115.429 ...... Counties and Compliance Schedules .. 04/13/05 01/19/06 [Insert FR page number where document begins].
Division 3: Flexographic and Rotogravure Printing
Section 115.430 ...... Flexographic and Rotogravure Printing 12/06/01 07/16/01, 66 FR 36913. Definitions. Section 115.432...... Control Requirements...... 08/08/01 01/19/06 [Insert FR page number where document begins]. Section 115.433...... Alternate Control Requirements...... 08/08/01 01/19/06 [Insert FR page number where document begins]. Section 115.435...... Testing Requirements...... 08/08/01 01/19/06 [Insert FR page number where document begins]. Section 115.436...... Monitoring and Record-keeping Re- 08/08/01 01/19/06 [Insert FR page number quirements. where document begins]. Section 115.437 ...... Exemptions ...... 02/14/96 01/26/99, 64 FR 3841. Section 115.439 ...... Counties and Compliance Schedules .. 08/08/01 01/19/06 [Insert FR page number where document begins].
Division 4: Offset Lithographic Printing
Section 115.440...... Offset Printing Definitions...... 04/26/02 01/19/06 [Insert FR page number where document begins]. Section 115.442...... Control Requirements...... 04/26/02 01/19/06 [Insert FR page number where document begins]. Section 115.443 ...... Alternate Control Requirements ...... 02/24/99 04/06/00, 65 FR 18003. Section 115.445...... Approved Test Methods...... 04/26/02 01/19/06 [Insert FR page number where document begins]. Section 115.446...... Monitoring and Record-keeping Re- 04/26/02 01/19/06 [Insert FR page number quirements. where document begins]. Section 115.449 ...... Counties and Compliance Schedules .. 12/06/00 07/16/01, 66 FR 36913.
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[FR Doc. 06–435 Filed 1–18–06; 8:45 am] (202) 418–1520 or via the Internet at I 2. Section 64.1300 is revised to read BILLING CODE 6560–50–P [email protected]. as follows:
SUPPLEMENTARY INFORMATION: This § 64.1300 Payphone compensation Erratum makes corrections to the Report obligation. FEDERAL COMMUNICATIONS and Order in the above-captioned COMMISSION proceeding released on August 12, 2004 (a) For purposes of this subpart, a (69 FR 52444, August 26, 2004). As Completing Carrier is a long distance 47 CFR Part 64 published, the final regulations contain carrier or switch-based long distance errors which may prove to be reseller that completes a coinless access [WC Docket No. 03–225; FCC 04–182] misleading and need to be clarified. code or subscriber toll-free payphone List of Subjects in 47 CFR Part 64 call or a local exchange carrier that Request To Update Default completes a local, coinless access code Compensation Rate for Dial-Around Communications common carriers, or subscriber toll-free payphone call. Calls From Payphones Telecommunications, Telephones. (b) Except as provided herein, a AGENCY: Federal Communications Federal Communications Commission. Completing Carrier that completes a Commission. Marlene H. Dortch, coinless access code or subscriber toll- ACTION: Correcting amendments. Secretary. free payphone call from a switch that I Accordingly, 47 CFR part 64 is the Completing Carrier either owns or SUMMARY: This document contains corrected by making the following leases shall compensate the payphone corrections to the final regulations in correcting amendment: service provider for that call at a rate FCC 04–182, which were published in agreed upon by the parties by contract. the Federal Register in August 2004. PART 64—MISCELLANEOUS RULES The regulations are related to part 64 of RELATING TO COMMON CARRIERS (c) The compensation obligation set forth herein shall not apply to calls to the Commission’s rules. I 1. The authority for part 64 continues emergency numbers, calls by hearing DATES: The rules became effective to read: September 27, 2004. disabled persons to a Authority: 47 U.S.C. 154, 254(k); secs. telecommunications relay service or FOR FURTHER INFORMATION CONTACT: 403(b)(2)(B), (c), Pub. L. 104–104, 110 Stat. Lynne Hewitt Engledow, Federal local calls for which the caller has made 56. Interpret or apply 47 U.S.C. 201, 218, 222, the required coin deposit. Communications Commission, 445 12th 225, 226, 228, and 254(k) unless otherwise Street, SW., Washington, DC 20554, noted.
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(d) In the absence of an agreement as and determines whether to consent. The available regulatory alternatives and, if required by paragraph (b) of this section, regulation also clarifies that carriers regulation is necessary, to select the carrier is obligated to compensate should ensure that the public regulatory approaches that maximize the payphone service provider at a per- accounting firms with which they net benefits (including potential call rate of $.494. contract for audits of FEHB accounts are economic, environmental, public health registered with the Public Company [FR Doc. 06–478 Filed 1–18–06; 8:45 am] and safety effects, distributive impacts, Accounting Oversight Board (PCAOB). BILLING CODE 6712–01–P and equity). A regulatory impact Collection of Information Requirement analysis (RIA) must be prepared for major rules with economically This rulemaking makes minor significant effects ($100 million or more OFFICE OF PERSONNEL technical amendments to the Federal in any one year). This rule is not MANAGEMENT Employees Health Benefits Acquisition considered a major rule, as defined in Regulations. The rule does not impose title 5, United States Code, Section 48 CFR Parts 1631, 1644 and 1652 information collection and 804(2), because we estimate its impact recordkeeping requirements that meet RIN 3206–AJ20 will only affect FEHB carriers and some the definition of the Paperwork of their contractual arrangements. Any Federal Employees Health Benefits Reduction Act of 1995’s term resulting economic impact would not be Acquisition Regulation: Technical ‘‘collection of information’’ which expected to exceed the dollar threshold. Amendments means obtaining, causing to be obtained, soliciting, or requiring the disclosure to Executive Order 12866, Regulatory AGENCY: Office of Personnel third parties or the public, of facts or Review Management. opinions by or for an agency, regardless ACTION: Final rule. of form or format, calling for either This rule has been reviewed by the answers to identical questions posed to, Office of Management and Budget in SUMMARY: The Office of Personnel or identical reporting or recordkeeping accordance with Executive Order 12866. Management (OPM) is issuing this final requirements imposed on ten or more List of Subjects in 48 CFR Parts 1631, regulation to make minor technical persons, other than agencies, amendments to the Federal Employees instrumentalities, or employees of the 1644 and 1652 Health Benefits Acquisition Regulation United States; or answers to questions (FEHBAR). Government employees, Government posed to agencies, instrumentalities, or procurement, Health insurance, DATES: Effective February 21, 2006. employees of the United States which Reporting and recordkeeping ADDRESSES: This document is available are to be used for general statistical requirements. for viewing at http:// purposes. Consequently, it need not be www.regulations.gov and at the U.S. reviewed by the Office of Management U.S. Office of Personnel Management. Office of Personnel Management, 1900 E and Budget under the authority of the Linda M. Springer, Street, NW., Washington, DC 20415. Paperwork Reduction Act of 1995 (44 Director. FOR FURTHER INFORMATION CONTACT: U.S.C. 3501 et seq.). I Accordingly, OPM is amending Michael Kaszynski, Policy Analyst, at Regulatory Flexibility Act chapter 16 of title 48, CFR, as follows: 202–606–0004 or e-mail The Regulatory Flexibility Act (RFA) [email protected]. CHAPTER 16—OFFICE OF PERSONNEL requires agencies to analyze options for MANAGEMENT FEDERAL EMPLOYEES SUPPLEMENTARY INFORMATION: The regulatory relief of small businesses. For HEALTH BENEFITS ACQUISITION primary purpose of this rulemaking is to purposes of the RFA, small entities REGULATION make technical amendments to the large include small businesses, nonprofit provider regulation which was organizations, and government agencies I 1. The authority citation for 48 CFR published on June 1, 2005. We are with revenues of $11.5 million or less in parts 1631, 1644 and 1652 continues to changing certain contract provision any one year. This rulemaking affects read as follows: effective dates. We have eliminated the FEHB Program carriers and their Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); reference to the Truth in Negotiations contractual arrangements which exceed 48 CFR 1.301. Act in FEHBAR 1652.204–74. We have the dollar threshold. Therefore, I certify revised FEHBAR 1644.170 to show that that this regulation will not have a Subchapter E—General Contracting carriers must follow commercially significant economic impact on a Requirements reasonable procurement procedures that substantial number of small entities. comply, when required, with the PART 1631—CONTRACT COST Federal Acquisition Regulations’ Regulatory Impact Analysis PRINCIPLES AND PROCEDURES policies and procedures relating to We have examined the impact of this Subpart 1631.2—Contracts With competition and contract pricing for the final rule as required by Executive Commercial Organizations acquisition of both commercial and Order 12866 (September 1993, noncommercial items. The intent of the Regulatory Planning and Review), the clause is to require carriers to abide by RFA (September 16, 1980, Pub. L. 96– I 2. A new 1631.205–82 is added to FAR competition and contract pricing 354), section 1102(b) of the Social subpart 1631.2 to read as follows: policies when they subcontract so that Security Act, the Unfunded Mandates 1631.205–82 Audits. the carrier will be able to provide the Reform Act of 1995, (Pub. L. 104–4), and Contracting officer with information Executive Order 13132. Executive Order Carriers should ensure that the public sufficient to enable the Contracting 12866 (as amended by Executive Order accounting firms with which they officer to effectively carry out his or her 13258, which merely assigns contract for audits of FEHB accounts are duties under the FAR and the FEHBAR responsibility of duties) directs agencies registered with the Public Company when he or she evaluates subcontracts to assess all costs and benefits of Accounting Oversight Board (PCAOB).
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Subchapter G—Contract Management I 6. The clause heading in 1652.222–70 Street, Dover, DE 19901–6790. The RIR/ is revised to read as follows. IRFA is also accessible via the Internet PART 1644—SUBCONTRACTING * * * * * at http://www.nero.noaa.gov/nero/regs/ POLICIES AND PROCEDURES com.html. 1652.222–70 Notice of Significant Events. Subpart 1644.1—General FOR FURTHER INFORMATION CONTACT: Eric * * * * * Jay Dolin, Fishery Policy Analyst, (978) I 3. Paragraph (a) of section 1644.170 is Notice of Significant Events (JUL 2005) 281–9259, fax (978) 281–9135. revised to read as follows: * * * * * SUPPLEMENTARY INFORMATION: I 7. The clause heading in 1652.244–70 1644.170 Policy for FEHB Program is revised to read as follows. Background subcontracting. 1652.244–70 Subcontracts. This framework adjustment to the (a) General policy. Carriers must FMP is intended to improve * * * * * follow commercially reasonable management of the Northeast Atlantic procurement procedures that comply, Subcontracts (JUL 2005) stock of spiny dogfish (Squalus when required, with the Federal * * * * * acanthias), pursuant to the Magnuson- Acquisition Regulations (FAR) policies I Stevens Fishery Conservation and and procedures relating to competition 8. The clause heading in 1652.246–70 is revised to read as follows. Management Act (Magnuson-Stevens and contract pricing for the acquisition Act). Under the existing FMP, spiny of both commercial and noncommercial 1652.246–70 FEHB Inspection. dogfish are jointly managed by both the items. * * * * * Mid-Atlantic and the New England * * * * * FEHB Inspection (JUL 2005) Fishery Management Councils Subchapter H—Clauses and Forms (Councils). The Councils recommend * * * * * annual commercial quotas and other PART 1652—CONTRACT CLAUSES [FR Doc. 06–459 Filed 1–18–06; 8:45 am] management measures (e.g., minimum BILLING CODE 6325–39–P or maximum fish sizes, seasons, mesh Subpart 1652.2—Texts of FEHB size restrictions, trip limits, or other Clauses gear restrictions), as needed, in order to DEPARTMENT OF COMMERCE ensure that the target fishing mortality I 4. The clause heading and the last rate (F) of 0.08 will not be exceeded. sentence in clause 1652.204–70 is National Oceanic and Atmospheric Implementing regulations for these amended to read as follows. Administration fisheries are found at 50 CFR part 648, 1652.204–70 Contractor records retention. subpart L. Under the current FMP, the 50 CFR Part 648 commercial quota and trip limits are * * * * * [Docket No. 051104291–5350–02; I.D. specified annually and apply only to the Contractor Records Retention (JUL 2005) 100405F] following fishing year. * * * * * RIN 0648 AT29 The Councils developed Framework * * * This clause is effective prospectively 1, pursuant to § 648.237, in order to as of the 2005 contract year. Fisheries of the Northeastern United streamline the administrative and (End of Clause) States; Spiny Dogfish; Framework regulatory processes involved in Adjustment 1; Establishing a Multiple- specifying the fishing measures for I 5. Section 1652.204–74(a)(1) and the year Specifications Process spiny dogfish, while, at the same time, heading of the clause are revised to read maintaining consistency with the as follows: AGENCY: National Marine Fisheries Magnuson-Stevens Act. This action Service (NMFS), National Oceanic and 1652.204–74 Large Provider Agreements. modifies the FMP so that, within a given Atmospheric Administration (NOAA), year, the Councils could specify * * * * * Commerce. commercial quotas and other Large Provider Agreements (OCT 2005) ACTION: Final rule. management measures necessary to ensure that the target F specified in the (a) Notification and Information SUMMARY: NMFS announces the Requirements. (1) The experience-rated FMP will not be exceeded in each of the implementation of Framework Carrier must provide notice to the contracting following 1 to 5 years. Implementation Adjustment 1 (Framework 1) to the officer of its intent to enter into or to make of Framework 1 provides the option, not Spiny Dogfish Fishery Management a significant modification of a Large Provider the requirement, for Councils to specify Plan (FMP), which will allow the Agreement: multi-year management measures. All of (i) Not less than 60 days before entering specification of commercial quotas and the environmental and regulatory into any Large Provider Agreement; and other management measures for up to 5 review procedures currently required (ii) Not less than 60 days before exercising years. This framework adjustment is under the Magnuson-Stevens Act and a renewal or other option, or significant intended to improve management of the modification to a Large Provider Agreement, the National Environmental Policy Act Northeast Atlantic stock of Spiny when such action would result in total costs will be conducted and documented Dogfish. to the FEHB Program of an additional 20 during the year in which specifications percent or more above the existing contract. DATES: Effective February 21, 2006. are set. These analyses will consider However, if a carrier is exercising a simple ADDRESSES: Copies of Framework 1, the impacts throughout the time span for renewal or other option contemplated by a Large Provider Agreement that OPM Regulatory Impact Review (RIR), Initial which specifications are to be set (1 to previously reviewed, and there are no Regulatory Flexibility Analysis (IRFA), 5 years). Multi-year quotas and other significant changes, then a statement to the and other supporting documents are management measures would not have effect that the renewal or other option is available from Daniel Furlong, to be constant from year to year, but being exercised along with the dollar amount Executive Director, Mid-Atlantic would instead be based upon is sufficient notice. Fishery Management Council, Room expectations of future stock conditions * * * * * 2115, Federal Building, 300 South as indicated by the best scientific
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information available at the time the taken to minimize impacts. No The measures that may be multi-year specifications are set. comments germane to the scope of this recommended include, but are not Updated information on the resource rulemaking were received on the IRFA limited to: and the fishery would be reviewed at or the economic impacts of the rule (1) Minimum or maximum fish sizes; least every 5 years by the Spiny Dogfish during the public comment period. (2) Seasons; Monitoring Committee, the Joint Spiny There are no relevant Federal rules that (3) Mesh size restrictions; Dogfish Committee, and the Councils. duplicate, overlap, or conflict with this (4) Trip limits; or Adjustments to the management rule. This rule does not contain any (5) Other gear restrictions. measures, once implemented, would not new, nor does it revise any existing (c) Joint Spiny Dogfish Committee be expected to occur during the period reporting, recordkeeping, and other recommendation. The Councils’ Joint of multi-year specifications. compliance requirements. Spiny Dogfish Committee shall review Nevertheless, if new information List of Subjects in 50 CFR Part 648 the recommendations of the Spiny indicated that modification to the multi- Dogfish Monitoring Committee. Based year management measures is necessary Fishing, Fisheries, Reporting and on these recommendations and any to ensure that the target F is not recordkeeping requirements. public comments, the Joint Spiny exceeded, the Councils would initiate Dated: January 12, 2006. Dogfish Committee shall recommend to the process for setting specifications in James W. Balsiger, the Councils a commercial quota and, order to make such modifications. Given Acting Deputy Assistant Administrator for possibly, other measures, including the elimination of the annual review/ Regulatory Programs, National Marine those specified in paragraph (b) of this management measure adjustment Fisheries Service. section, necessary to assure that the F process under this action, I For the reasons stated in the preamble, specified in paragraph (a) of this section environmental impact evaluation in the 50 CFR part 648 is amended as follows: will not be exceeded in any fishing year specification setting year would have to (May 1–April 30), for a period of 1–5 consider thoroughly the uncertainty PART 648—FISHERIES OF THE fishing years. The commercial quota associated with projected estimates of NORTHEASTERN UNITED STATES may be set within the range of zero to stock size in the 1 to 5 year time I the maximum allowed. horizon. Accordingly, Council 1. The authority citation for part 648 continues to read as follows: (d) Council recommendations. The recommendations for multi-year Councils shall review these Authority: 16 U.S.C. 1801 et seq. management measures would have to be recommendations and, based on the I adequately conservative to 2. Section 648.230 is revised to read recommendations and any public accommodate this uncertainty. as follows: comments, recommend to the Regional Comments and Responses § 648.230 Catch quotas and other Administrator a commercial quota and other measures necessary to assure that One comment was received and it was restrictions. the F specified in paragraph (a) of this outside the scope of this rulemaking. (a) Process for setting specifications. The Spiny Dogfish Monitoring section will not be exceeded in any Classification Committee will review the following fishing year (May 1–April 30), for a The Regional Administrator had data at least every 5 years, subject to period of 1–5 fishing years. The determined that the framework availability, to determine the total Councils’ recommendations must adjustment implemented by this final allowable level of landings (TAL) and include supporting documentation, as rule is necessary for the conservation other restrictions necessary to assure appropriate, concerning the and management of the spiny dogfish that a target fishing mortality rate environmental, economic, and other fishery and is consistent with the specified in the Spiny Dogfish Fishery impacts of the recommendations. The Magnuson-Stevens Act and other Management Plan will not be exceeded Regional Administrator shall initiate a applicable law. in each year for which TAL and any review of these recommendations and The final rule has been determined to other measures are recommended: may modify the recommended quota be not significant for purposes of Commercial and recreational catch data; and other management measures to Executive Order 12866. current estimates of F; stock status; assure that the target F specified in NMFS has prepared a FRFA pursuant recent estimates of recruitment; virtual paragraph (a) of this section will not be to 5 U.S.C. 604(a). The FRFA population analysis results; levels of exceeded in any fishing year (May 1– incorporates the discussion that follows, noncompliance by fishermen or April 30), for a period of 1–5 fishing the comments and responses to the individual states; impact of size/mesh years. The Regional Administrator may proposed rule, and the initial regulatory regulations; sea sampling data; impact modify the Councils’ recommendations flexibility analysis (IRFA) and other of gear other than otter trawls and gill using any of the measures that were not analyses completed in support of this nets on the mortality of spiny dogfish; rejected by both Councils. After such action, which were summarized in the and any other relevant information. review, NMFS shall publish a proposed proposed rule (70 FR 72100, December (b) Recommended measures. Based on rule in the Federal Register specifying 1, 2005). A copy of the IRFA is available this review, the Spiny Dogfish a coastwide commercial quota and other from the Mid-Atlantic Fishery Monitoring Committee shall recommend measures necessary to assure that the F Management Council (see ADDRESSES). to the Joint Spiny Dogfish Committee a specified in paragraph (a) of this section There were 3,513 Federal dogfish commercial quota and any other will not be exceeded in any fishing year permit holders in 2004. This action does measures including those in paragraphs (May 1–April 30), for a period of 1–5 not establish any management (b)(1)-(b)(5) of this section that are fishing years. After considering public measures, rather it deals only with the necessary to assure that the F specified comments, NMFS shall publish a final period of time for which annual in paragraph (a) of this section will not rule in the Federal Register to management measures will be be exceeded in any fishing year (May 1– implement such a quota and other established and, therefore, has no direct April 30), for a period of 1–5 fishing measures. effect on entities participating in the years. The quota may be set within the fishery; accordingly, no steps could be range of zero to the maximum allowed. (e) [Reserved]
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(f) Distribution of annual quota. (1) managed under the Fishery species other than red grouper. As a The annual quota specified according to Management Plan for the Reef Fish result, NMFS is amending the the process outlined in paragraph (a) of Resources of the Gulf of Mexico (FMP). temporary rule in accordance with the this section shall be allocated between The FMP was prepared by the Gulf of Court’s ruling and extending the two semi-annual quota periods as Mexico Fishery Management Council effective date for an additional 180 days. and is implemented under the authority follows: May 1 through October 31 (57.9 Amendment and Extension of the of the Magnuson-Stevens Fishery percent) and November 1 through April Temporary Rule 30 (42.1 percent). Conservation and Management Act (2) All spiny dogfish landed for a (Magnuson-Stevens Act) by regulations Under section 305(c)(3)(B) of the commercial purpose in the states from at 50 CFR part 622. Magnuson-Stevens Act, NMFS may Maine through Florida shall be applied extend the effectiveness of interim Background against the applicable semi-annual measures for one additional period of commercial quota, regardless of where During the March 7–10, 2005, Gulf of 180 days, provided the public has had the spiny dogfish were harvested. Mexico Fishery Management Council an opportunity to comment on the [FR Doc. 06–505 Filed 1–13–06; 3:41 pm] (Council) meeting, the Council reviewed interim measures, and the Council is red grouper landings and concluded actively preparing proposed regulations BILLING CODE 3510–22–S that without additional regulations to address the issue on a permanent recreational red grouper landings were basis. DEPARTMENT OF COMMERCE likely to exceed the recreational target NMFS solicited comments on the level specified in the rebuilding plan initial interim measures through August National Oceanic and Atmospheric provided in Secretarial Amendment 1 to 24, 2005. The comments received and Administration the FMP. The Council passed a motion NMFS’ responses are provided in this and subsequently submitted a letter temporary rule. After reviewing all 50 CFR Part 622 requesting NMFS to implement an public comments, NMFS has concluded interim rule to reduce the recreational that the interim measures were, and as [Docket No. 050708183–5183–01; I.D. amended remain, necessary to reduce 070505D] red grouper catch to levels consistent with the rebuilding plan specified in the probability of overfishing. RIN 0648–AT45 Secretarial Amendment 1. In response The Council is preparing a regulatory to the Council’s request, NMFS issued a amendment and associated proposed Fisheries of the Caribbean, Gulf of temporary rule (70 FR 42510, July 25, regulations that will address measures Mexico, and South Atlantic; Reef Fish 2005) to reduce the likelihood of to address overfishing of red grouper. Fishery of the Gulf of Mexico; Gulf overfishing red grouper, while Those measures, if approved and Grouper Recreational Management minimizing biological impacts on gag implemented by NMFS, would replace Measures and other groupers that could result this temporary rule. Action to address these issues via the proposed AGENCY: National Marine Fisheries from shifts in effort due to red grouper Service (NMFS), National Oceanic and management actions. To achieve this regulations associated with the Atmospheric Administration (NOAA), objective, the temporary rule reduced regulatory amendment cannot be Commerce. the red grouper bag limit from 2 fish per implemented before the current person per day to 1 fish per person per temporary rule expires on January 23, ACTION: Temporary rule; interim 2006. Extension and amendment of the measures. day; reduced the aggregate grouper bag limit from 5 grouper, combined, per temporary rule is necessary to conform SUMMARY: NMFS issues this temporary person per day, excluding goliath with the Court’s ruling, avoid a rule to amend, and extend the effective grouper and Nassau grouper, but not to regulatory lapse, and ensure that the date of, the grouper bag limit provisions exceed 1 speckled hind or 1 warsaw risk of overfishing is minimized. implemented by a temporary rule grouper per vessel per day or 2 red This temporary rule extends the published by NMFS on July 25, 2005, to grouper per person per day, to 3 applicable provisions of the original reduce overfishing of red grouper in grouper, combined, per person per day, temporary rule (70 FR 42510, July 25, Federal waters of the Gulf of Mexico. excluding goliath grouper and Nassau 2005) for an additional 180 days and This temporary rule amends the bag grouper, but not to exceed 1 speckled amends the original temporary rule limit provision consistent with the hind or 1 warsaw grouper per vessel per consistent with the Court’s ruling. October 31, 2005, ruling of the United day or 1 red grouper per person per day; Under this temporary rule, the aggregate States District Court, Middle District of and established a closure of the grouper bag limit is 5 grouper (versus 3 Florida (Court). The intended effect is to recreational fishery, from November grouper under the original temporary reduce overfishing of red grouper in the through December of 2005, for all rule), combined, per person per day, Gulf of Mexico. grouper species. Additional background excluding goliath grouper and Nassau grouper, but not to exceed 1 speckled DATES: This rule is effective January 24, regarding the need for and impacts of 2006, through July 22, 2006. the July 25, 2005 temporary rule is hind or 1 warsaw grouper per vessel per contained in the preamble to that rule day or 1 red grouper per person per day. ADDRESSES: Copies of documents and is not repeated here. The November through December supporting this rule may be obtained On October 31, 2005, a decision was closure of the recreational fishery for all from the Southeast Regional Office, rendered by the Court on a lawsuit grouper species, contained in the NMFS, 263 13th Avenue South, Saint brought by the Coastal Conservation original temporary rule, is not relevant Petersburg, FL 33701. Association and The Fishing Rights to the period of effectiveness of this FOR FURTHER INFORMATION CONTACT: Phil Alliance, Inc. against NMFS (Coastal temporary rule and, therefore, is Steele, telephone: 727–551–5784, fax: Conservation Association, et al., vs. removed in this temporary rule. 727–824–5308, e-mail: Carlos Gutierrez, Case No. 2:05–cv–400– Additional suspensions and extensions [email protected]. FtM–29DNF). The Court partially agreed of regulatory text, necessary for SUPPLEMENTARY INFORMATION: The reef with the plaintiffs and set aside aspects regulatory consistency, are also fish fishery of the Gulf of Mexico is of the interim rule that applied to included in this temporary rule.
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Comments and Responses Comment 3: Numerous commenters Comment 5: Two commenters NMFS received the following public stated recreational anglers were not the requested the red grouper stock comments on the July 25, 2005, problem and additional management assessment be moved to 2006. Response: The Southeast Data, temporary rule: 267 form letters of measures were needed for commercial Assessment, and Review has similar content and two lists of fishermen. Response: Interim regulations were rescheduled the red grouper stock signatures from interested members of developed in response to landings assessment for fall 2006. The red the general public, and an additional 43 overages by the recreational fishery. In grouper stock assessment was originally e-mails, 17 letters, and 5 facsimiles from 2004, an estimated 3.18 million lb (1.44 scheduled for spring 2007. The the general public, recreational fishing million kg), GW, of red grouper were assessment will now occur after the gag organizations, boat associations, local landed by recreational anglers. These stock assessment, which is scheduled to governments, and the State of Florida. landings were well above the 1.25 occur in spring 2006. Almost all public comments received by million-lb (0.57 million-kg), GW, catch Comment 6: Numerous commenters NMFS opposed interim regulations. One level specified by the red grouper opposed the seasonal closure, and three public comment supported reducing the rebuilding plan, requiring NMFS to commenters questioned why the closure aggregate bag limit, and three public implement interim regulations to reduce would apply to all grouper, including comments supported reducing the red recreational landings. species not overfished or undergoing grouper bag limit. Responses to these The commercial grouper fishery is overfishing. comments are provided below. managed by quotas, trip limits, gear Comment 1: Numerous commenters boundaries, size limits, and closed Response: NMFS established a stated the 2004 Marine Recreational seasons. These management measures recreational closure for all grouper to Fisheries Statistics Survey (MRFSS) are intended to control commercial reduce bycatch mortality of red grouper data were flawed and overestimated red harvest and prevent overfishing. In both and prevent effort shifting to other grouper landings. 2003 and 2004, commercial landings for grouper because of red grouper Response: The MRFSS program red grouper were at or below the 5.31 management measures. However, a conducted a thorough review of red million-lb (2.41 million-kg), GW, quota. recent court decision (Coastal grouper landings and effort data, and an NMFS closed the commercial shallow- Conservation Association, et al., vs. independent review of the MRFSS data water grouper fishery on November 15, Carlos Gutierrez, Case No. 2:05–cv–400– was conducted by the Florida Fish and 2004, and October 10, 2005, when the FtM–29DNF) concluded the closure Wildlife Conservation Commission red grouper quota was projected to be could not be applied to species not (FWC). MRFSS 2004 red grouper catch met. The deep-water grouper fishery undergoing overfishing. Therefore, the and landings estimates were considered was closed on July 15, 2004, and June closure only applies to red grouper sound and based on the best available 23, 2005, when the deep-water grouper harvested from the exclusive economic science, and no technical flaws were quota was projected to be met. Once the zone of the Gulf of Mexico during evident in the estimates. Estimated quotas have been met, the fisheries November-December, 2005. The interim landings had relatively low proportional remain closed until the start of the next rule implementing the closure expires standard error, suggesting precise, fishing season, which begins January 1 January 23, 2006. Because the expiration reliable estimates. As independent each year. date of the interim rule will be after the verification of the increase in MRFSS Comment 4: Two commenters closure ends and the interim rule can red grouper landings and catch rates, supported increasing the minimum size only be extended for an additional 180 headboat (charter/party) captains limit for red grouper. days, extension of the interim rule will reported much higher red grouper Response: The environmental not include a seasonal closure. landings in logbooks submitted to the assessment for the interim rule Comment 7: Two commenters Southeast Fisheries Science Center in considered increasing the minimum size suggested only reducing the bag limit to 2004. Numerous anecdotal reports from limit for red grouper from 20 inches one. anglers and charter boat operators (50.8 cm) to either 22 or 23 inches (55.9 Response: This management option during 2004 also indicated red grouper or 58.4 cm) total length (TL). These was preferred by the FWC. The were being caught in greater numbers alternatives were not preferred because environmental assessment for the and in areas where they were not size limits increase release mortality interim rule did consider an alternative previously caught. and may result in forgone yield. Higher that would have only reduced the red Comment 2: Many commenters size limits would contribute to more red grouper bag limit from two to one. requested NMFS and the Council grouper being released and dying when However, this alternative would not increase the recreational allocation for compared to status quo (20 inches (50.8 have achieved a great enough reduction red grouper. cm) TL). During 2003–2004, an average in recreational landings to eliminate or Response: Secretarial Amendment 1 of 2.6 million red grouper, representing greatly reduce the likelihood of to the FMP used historical landings 88 percent of all red grouper caught, recreational red grouper overages in from 1999–2001 to establish a 5.31 were released. Although release 2005. million-lb (2.41 million-kg), gutted mortality for recreationally caught red Comment 8: One commenter weight (GW), commercial quota and grouper is assumed to be relatively low suggested implementing a spawning 1.25 million-lb (0.57 million-kg), GW, (10 percent), released fish accounted for season closure. recreational target catch level. This 42 percent of all red grouper killed Response: The interim rule did not interim rule did not consider allocation during 2003–2004. Increasing the include a spawning season closure changes. The Council can consider minimum size limit is expected to because reductions in red grouper changes to allocation through further increase discard mortality. The landings were needed for 2005 and the amendments to its fishery management proposed increase in the minimum size interim rule was implemented after the plans. At the November 2005 Council limit could also result in foregone yield 2005 spawning season for red grouper, meeting, the Council voted to begin because there would be additional gag, and many other grouper species. developing a plan amendment for mortality from natural causes before fish The Council is currently developing a allocating grouper. reached legal size. regulatory amendment to establish more
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permanent regulatory management public interest. Similarly, the need to speckled hind or 1 warsaw grouper per measures for grouper. Several implement these measures in a timely vessel per day or 1 red grouper per alternatives in the regulatory manner for the reasons stated above person per day. amendment include spawning season constitutes good cause under authority (ix) Gulf reef fish, combined, closures. contained in 5 U.S.C. 553(d)(3) to waive excluding those specified in paragraphs Classification the 30-day delay in effectiveness. (b)(1)(i), (iii), (iv), (vi), (vii), and (viii) of List of Subjects in 50 CFR Part 622 this section and excluding dwarf sand The Assistant Administrator for perch and sand perch—20. Fisheries, NOAA (AA), has determined Fisheries, Fishing, Puerto Rico, * * * * * that the amendment and extension of Reporting and recordkeeping this temporary rule is necessary to requirements, Virgin Islands. I 3. In § 622.43, paragraph (a)(1)(i) is reduce overfishing of red grouper in the suspended and paragraph (a)(1)(iii) is Dated: January 12, 2006. Gulf of Mexico consistent with the added to read as follows: Court’s ruling and is consistent with the James W. Balsiger, Magnuson-Stevens Act and other Acting Deputy Assistant Administrator for § 622.43 Closures. applicable laws. Regulatory Programs, National Marine (a) * * * Fisheries Service. This temporary rule has been (1) * * * I determined to be not significant for For the reasons set out in the (iii) Commercial quotas. If the purposes of Executive Order 12866. preamble, 50 CFR part 622 is amended recreational fishery for the indicated This temporary rule is exempt from as follows: species is open, the bag and possession the procedures of the Regulatory PART 622—FISHERIES OF THE limits specified in § 622.39(b) apply to Flexibility Act because the rule is issued all harvest or possession in or from the without opportunity for prior notice and CARIBBEAN, GULF, AND SOUTH ATLANTIC Gulf EEZ of the indicated species, and public comment. the sale or purchase of the indicated This temporary rule addresses I species taken from the Gulf EEZ is overfishing. Delaying action to reduce 1. The authority citation for part 622 prohibited. In addition, the bag and overfishing in the red grouper fishery of continues to read as follows: possession limits for red snapper, when the Gulf of Mexico to provide further Authority: 16 U.S.C. 1801 et seq. applicable, apply on board a vessel for notice and an opportunity for public I 2. In § 622.39, paragraphs (b)(1)(ii) which a commercial permit for Gulf reef comment prior to implementation and (b)(1)(v) are suspended, and new fish has been issued, as required under would increase the likelihood of a loss paragraphs (b)(1)(viii) and (b)(1)(ix) are § 622.4(a)(2)(v), without regard to where of long-term productivity from the added to read as follows: fishery and increase the probable need such red snapper were harvested. If the for more severe restrictions in the § 622.39 Bag and possession limits. recreational fishery for the indicated future. Accordingly, under authority set * * * * * species is closed, all harvest or forth at 5 U.S.C. 553(b)(B), the AA finds, (b) * * * possession in or from the Gulf EEZ of for good cause, namely the reasons set (1) * * * the indicated species is prohibited. forth above, that providing prior notice (viii) Groupers, combined, excluding * * * * * and the opportunity for prior public goliath grouper and Nassau grouper -5 [FR Doc. 06–504 Filed 1–18–06; 8:45 am] comment would be contrary to the per person per day, but not to exceed 1 BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 71, No. 12
Thursday, January 19, 2006
This section of the FEDERAL REGISTER • DOT Docket Web site: Go to business, labor union, etc.). You may contains notices to the public of the proposed http://dms.dot.gov and follow the review the DOT’s complete Privacy Act issuance of rules and regulations. The instructions for sending your comments Statement in the Federal Register purpose of these notices is to give interested electronically. published on April 11, 2000 (65 FR persons an opportunity to participate in the • Government-wide rulemaking Web 19477–78), or you may visit http:// rule making prior to the adoption of the final rules. site: Go to http://www.regulations.gov dms.dot.gov. and follow the instructions for sending Examining the Docket your comments electronically. • DEPARTMENT OF TRANSPORTATION Mail: Docket Management Facility, You may examine the AD docket on U.S. Department of Transportation, 400 the Internet at http://dms.dot.gov, or in Federal Aviation Administration Seventh Street, SW., Nassif Building, person at the Docket Management room PL–401, Washington, DC 20590. Facility office between 9 a.m. and 5 14 CFR Part 39 • Fax: (202) 493–2251. p.m., Monday through Friday, except • Hand Delivery: Room PL–401 on Federal holidays. The Docket [Docket No. FAA–2006–23633; Directorate Management Facility office (telephone Identifier 2005–NM–242–AD] the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, (800) 647–5227) is located on the plaza RIN 2120–AA64 DC, between 9 a.m. and 5 p.m., Monday level of the Nassif Building at the DOT through Friday, except Federal holidays. street address stated in the ADDRESSES Airworthiness Directives; Airbus Model Contact Sogerma-Services, 109–17303 section. Comments will be available in A318–100 and A319–100 Series Rochefort, Cedex, France; and Messier- the AD docket shortly after the Docket Airplanes; Model A320–111 Airplanes; Bugatti, 45 Avenue Victor Hugo, 93538 Management System receives them. Model A320–200, A321–200, A330–200, Aubervilleirs, Cedex, France; for service Discussion A330–300, A340–200, and A340–300 information identified in this proposed Series Airplanes; Model A340–541 AD. The Direction Ge´ne´rale de l’Aviation Airplanes; and Model A340–642 Civile (DGAC), which is the FOR FURTHER INFORMATION CONTACT: Dan Airplanes; Equipped With Certain airworthiness authority for France, Rodina, Aerospace Engineer, Sogerma-Services Powered Seats notified us that an unsafe condition may International Branch, ANM–116, exist on certain Airbus Model A318–100 AGENCY: Federal Aviation Transport Airplane Directorate, FAA, and A319–100 series airplanes; Model Administration (FAA), Department of 1601 Lind Avenue, SW., Renton, A320–111 airplanes; Model A320–200, Transportation (DOT). Washington 98055–4056; telephone A321–200, A330–200, A330–300, A340– ACTION: Notice of proposed rulemaking (425) 227–2125; fax (425) 227–1149. 200, and A340–300 series airplanes; (NPRM). SUPPLEMENTARY INFORMATION: Model A340–541 airplanes; and Model A340–642 airplanes; equipped with SUMMARY: The FAA proposes to adopt a Comments Invited certain Sogerma-Services pilot’s and co- new airworthiness directive (AD) for We invite you to submit any relevant certain Airbus transport category pilot’s seats. The DGAC advises that, written data, views, or arguments during overhaul of the pilot’s and co- airplanes. This proposed AD would regarding this proposed AD. Send your pilot’s seats, repair stations found heavy require inspecting to determine if a comments to an address listed in the wear at the driving gear of the rotor certain actuator is installed in the pilot’s ADDRESSES section. Include the docket shaft end of the electrical driven motor or co-pilot’s seat, and doing applicable number ‘‘FAA–2006–23633; Directorate on certain actuators. The electrical corrective actions if necessary. For Identifier 2005–NM–242–AD’’ at the driven motor controls the horizontal certain actuators, the proposed AD also beginning of your comments. We and vertical movements of the seats. would require replacing rotors on both specifically invite comments on the Investigation revealed that a vertical and horizontal movements with overall regulatory, economic, manufacturing process error resulted in new rotors, and replacing the clutch cap environmental, and energy aspects of a batch of defective rotor shafts on with a new cap. This proposed AD the proposed AD. We will consider all certain actuators. This condition, if not results from a report of heavy wear at comments received by the closing date corrected, could result in the driving gear of the rotor shaft end of and may amend the proposed AD in uncommanded movement of the pilot’s the electrical driven motor on certain light of those comments. or co-pilot’s seat during takeoff or actuators of the pilot’s and co-pilot’s We will post all comments we landing, which could result in seats. We are proposing this AD to receive, without change, to http:// interference with the operation of the prevent uncommanded movement of the dms.dot.gov, including any personal airplane and consequent temporary loss pilot’s or co-pilot’s seat during takeoff or information you provide. We will also of airplane control. landing, which could result in post a report summarizing each interference with the operation of the substantive verbal contact with FAA Relevant Service Information airplane and consequent temporary loss personnel concerning this proposed AD. Sogerma-Services has issued Service of airplane control. Using the search function of that Web Bulletin TAAI1–25–617, dated February DATES: We must receive comments on site, anyone can find and read the 1, 2005. The service bulletin describes this proposed AD by February 21, 2006. comments in any of our dockets, procedures for inspecting to determine ADDRESSES: Use one of the following including the name of the individual if a certain actuator is installed in the addresses to submit comments on this who sent the comment (or signed the pilot’s or co-pilot’s seat, and doing proposed AD. comment on behalf of an association, applicable corrective actions if
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necessary. The corrective actions We are issuing this rulemaking under Comments Due Date include: the authority described in Subtitle VII, (a) The FAA must receive comments on • Replacing certain actuators with Part A, Subpart III, Section 44701, this AD action by February 21, 2006. new actuators; ‘‘General requirements.’’ Under that Affected ADs • Installing a new identification label section, Congress charges the FAA with for any replaced actuator; and promoting safe flight of civil aircraft in (b) None. • Installing a new amendment label air commerce by prescribing regulations Applicability and writing the new amendment on it. for practices, methods, and procedures (c) This AD applies to the airplanes Messier-Bugatti has issued Service the Administrator finds necessary for identified in table 1 of this AD, certificated Bulletins 4136290004–25–05 and safety in air commerce. This regulation in any category; equipped with any Sogerma- 4136290005–25–02, both dated April is within the scope of that authority Services pilot or co-pilot seat identified in 2005. For certain airplanes, the service because it addresses an unsafe condition Sogerma-Services Service Bulletin TAAI1– bulletins describe procedures for that is likely to exist or develop on 25–617, dated February 1, 2005, excluding replacing rotors on both vertical and any seat having part number (P/N) TAAI3– products identified in this rulemaking 03PE00–01, TAAI3–03PE01–01, TAAI3– horizontal movements with new rotors, action. 03CE00–01, and TAAI3–03CE01–01, with a and replacing the clutch cap with a new Regulatory Findings serial number (S/N) higher than 791, on cap. which the actuator has been replaced after Accomplishing the actions specified We have determined that this the date of issuance of the original standard in the service information is intended to proposed AD would not have federalism airworthiness certificate or date of issuance adequately address the unsafe implications under Executive Order of the original export certificate of condition. The DGAC mandated the 13132. This proposed AD would not airworthiness. service information and issued French have a substantial direct effect on the airworthiness directive F–2005–164, States, on the relationship between the TABLE 1.—APPLICABILITY dated September 28, 2005, to ensure the national Government and the States, or continued airworthiness of these on the distribution of power and Airbus model airplanes in France. responsibilities among the various (1) A318–111 and –112 airplanes. levels of government. (2) A319–111, –112, –113, –114, –115, FAA’s Determination and Requirements For the reasons discussed above, I of the Proposed AD –131, –132, and –133 airplanes. certify that the proposed regulation: (3) A320–111 airplanes. These airplane models are 1. Is not a ‘‘significant regulatory (4) A320–211, –212, –214, –231, –232, and manufactured in France and are type action’’ under Executive Order 12866; –233 airplanes. certificated for operation in the United 2. Is not a ‘‘significant rule’’ under the (5) A321–211 and –231 airplanes. States under the provisions of section DOT Regulatory Policies and Procedures (6) A330–201, –202, –203, –223, and –243 21.29 of the Federal Aviation (44 FR 11034, February 26, 1979); and airplanes. 3. Will not have a significant (7) A330–301, –321, –322, –323, –341, Regulations (14 CFR 21.29) and the –342, and –343 airplanes. applicable bilateral airworthiness economic impact, positive or negative, on a substantial number of small entities (8) A340–211, –212, and –213 airplanes. agreement. Pursuant to this bilateral (9) A340–311, –312, and –313 airplanes. airworthiness agreement, the DGAC has under the criteria of the Regulatory (10) A340–541 airplanes. kept the FAA informed of the situation Flexibility Act. (11) A340–642 airplanes. described above. We have examined the We prepared a regulatory evaluation DGAC’s findings, evaluated all pertinent of the estimated costs to comply with Unsafe Condition this proposed AD and placed it in the information, and determined that we (d) This AD results from a report of heavy need to issue an AD for airplanes of this AD docket. See the ADDRESSES section wear at the driving gear of the rotor shaft end type design that are certificated for for a location to examine the regulatory of the electrical driven motor on certain operation in the United States. evaluation. actuators of the pilot’s and co-pilot’s seats. Therefore, we are proposing this AD, List of Subjects in 14 CFR Part 39 We are issuing this AD to prevent which would require accomplishing the uncommanded movement of the pilot’s or co- Air transportation, Aircraft, Aviation pilot’s seat during takeoff or landing, which actions specified in the service safety, Safety. could result in interference with the information described previously. operation of the airplane and consequent The Proposed Amendment Costs of Compliance temporary loss of airplane control. Accordingly, under the authority Compliance This proposed AD would affect about delegated to me by the Administrator, 743 airplanes of U.S. registry. The (e) You are responsible for having the the FAA proposes to amend 14 CFR part actions required by this AD performed within proposed inspection would take about 1 39 as follows: work hour per airplane, at an average the compliance times specified, unless the actions have already been done. labor rate of $65 per work hour. Based PART 39—AIRWORTHINESS on these figures, the estimated cost of DIRECTIVES Inspection for the P/N of the Actuator the proposed AD for U.S. operators is (f) Within 56 months after the effective $48,295, or $65 per airplane. 1. The authority citation for part 39 date of this AD, inspect to determine if an continues to read as follows: actuator identified in table 2 of this AD is Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. installed in the pilot’s or co-pilot’s seat, in Title 49 of the United States Code accordance with paragraph D., specifies the FAA’s authority to issue § 39.13 [Amended] ‘‘DESCRIPTION’’ of Sogerma-Services rules on aviation safety. Subtitle I, 2. The Federal Aviation Service Bulletin TAAI1–25–617, dated February 1, 2005. If any actuator identified in Section 106, describes the authority of Administration (FAA) amends § 39.13 by adding the following new table 2 of this AD is found installed, within the FAA Administrator. Subtitle VII, 56 months after the effective date of this AD, Aviation Programs, describes in more airworthiness directive (AD): do the applicable corrective actions in detail the scope of the Agency’s Airbus: Docket No. FAA–2006–23633; accordance with paragraph 3., ‘‘OPERATING authority. Directorate Identifier 2005–NM–242–AD. INSTRUCTIONS,’’ of the service bulletin.
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TABLE 2.—AFFECTED ACTUATORS SUMMARY: The FAA proposes to adopt a the proposed AD. We will consider all new airworthiness directive (AD) for comments received by the closing date Manufacturer Actuator P/N certain Aerospatiale Model ATR42 and may amend the proposed AD in airplanes and Model ATR72 airplanes. light of those comments. (1) Messier-Bugatti ...... 4136290004 This proposed AD would require We will post all comments we (2) Messier-Bugatti ...... 4136290005 installing protective ramps on trim (3) Aviac ...... 6147–6 receive, without change, to http:// (4) Artus ...... AD8552502–1 panel 110VU; and inspecting the dms.dot.gov, including any personal protective guard of the standby pitch information you provide. We will also Concurrent Replacements trim switch to determine if it is missing, post a report summarizing each damaged, or ineffective, and doing the substantive verbal contact with FAA (g) For Messier-Bugatti actuators identified corrective action if necessary. This in table 2 of this AD: Concurrently with the personnel concerning this proposed AD. applicable corrective action required by proposed AD results from a finding that Using the search function of that Web paragraph (f) of this AD, replace the rotors on the protective guard of the standby pitch site, anyone can find and read the both vertical and horizontal movements with trim switch, which is installed on the comments in any of our dockets, new rotors, and replace the clutch cap with center pedestal, could be damaged or including the name of the individual a new cap, in accordance with Messier- missing. We are proposing this AD to who sent the comment (or signed the Bugatti Service Bulletin 4136290004–25–05 prevent inadvertent activation of the comment on behalf of an association, or 4136290005–25–02, both dated April standby pitch trim, which could result business, labor union, etc.). You may 2005, as applicable. in pitch trim runaway and consequent review the DOT’s complete Privacy Act Parts Installation reduced controllability of the airplane. Statement in the Federal Register (h) After the effective date of this AD, no DATES: We must receive comments on published on April 11, 2000 (65 FR actuator identified in table 2 of this AD may this proposed AD by February 21, 2006. 19477–78), or you may visit http:// be installed on any airplane. ADDRESSES: Use one of the following dms.dot.gov. Alternative Methods of Compliance addresses to submit comments on this Examining the Docket (AMOCs) proposed AD. • (i)(1) The Manager, International Branch, DOT Docket Web site: Go to You may examine the AD docket on ANM–116, Transport Airplane Directorate, http://dms.dot.gov and follow the the Internet at http://dms.dot.gov, or in FAA, has the authority to approve AMOCs instructions for sending your comments person at the Docket Management for this AD, if requested in accordance with electronically. Facility office between 9 a.m. and 5 the procedures found in 14 CFR 39.19. • Government-wide rulemaking Web p.m., Monday through Friday, except (2) Before using any AMOC approved in site: Go to http://www.regulations.gov Federal holidays. The Docket accordance with § 39.19 on any airplane to and follow the instructions for sending Management Facility office (telephone which the AMOC applies, notify the your comments electronically. (800) 647–5227) is located on the plaza appropriate principal inspector in the FAA • Mail: Docket Management Facility, level of the Nassif Building at the DOT Flight Standards Certificate Holding District U.S. Department of Transportation, 400 ADDRESSES Office. street address stated in the Seventh Street, SW., Nassif Building, section. Comments will be available in Related Information room PL–401, Washington, DC 20590. the AD docket shortly after the Docket (j) French airworthiness directive F–2005– • Fax: (202) 493–2251. Management System receives them. 164, issued September 28, 2005, also • Hand Delivery: Room PL–401 on addresses the subject of this AD. the plaza level of the Nassif Building, Discussion Issued in Renton, Washington, on January 400 Seventh Street, SW., Washington, The Direction Ge´ne´rale de l’Aviation 10, 2006. DC, between 9 a.m. and 5 p.m., Monday Civile (DGAC), which is the Ali Bahrami, through Friday, except Federal holidays. airworthiness authority for France, Manager, Transport Airplane Directorate, Contact Aerospatiale, 316 Route de notified us that an unsafe condition may Aircraft Certification Service. Bayonne, 31060 Toulouse, Cedex 03, exist on certain Aerospatiale Model [FR Doc. E6–532 Filed 1–18–06; 8:45 am] France, for service information ATR42 and Model ATR72 airplanes. identified in this proposed AD. BILLING CODE 4910–13–P The DGAC advises that the protective FOR FURTHER INFORMATION CONTACT: Dan guard of the standby pitch trim switch Rodina, Aerospace Engineer, (18CG), which is installed on the center DEPARTMENT OF TRANSPORTATION International Branch, ANM–116, FAA, pedestal, could be damaged or missing. Transport Airplane Directorate, 1601 In some cases, a damaged protective Federal Aviation Administration Lind Avenue, SW., Renton, Washington guard, even if engaged, may not prevent 98055–4056; telephone (425) 227–2125; inadvertent activation of the standby 14 CFR Part 39 fax (425) 227–1149. pitch trim. This condition, if not [Docket No. FAA–2006–23635; Directorate SUPPLEMENTARY INFORMATION: corrected, could result in pitch trim Identifier 2005–NM–245–AD] runaway and consequent reduced Comments Invited controllability of the airplane. RIN 2120–AA64 We invite you to submit any relevant Relevant Service Information written data, views, or arguments Airworthiness Directives; Aerospatiale regarding this proposed AD. Send your Aerospatiale has issued Avions de Model ATR42 Airplanes and Model comments to an address listed in the Transport Regional Service Bulletin ATR72 Airplanes ADDRESSES section. Include the docket ATR42–92–0010, Revision 1, dated AGENCY: Federal Aviation number ‘‘FAA–2006–23635; Directorate March 11, 2003 (for Model ATR42 Administration (FAA), Department of Identifier 2005–NM–245–AD’’ at the airplanes); and Service Bulletin ATR72– Transportation (DOT). beginning of your comments. We 92–1010, Revision 1, dated March 11, specifically invite comments on the 2003 (for Model ATR72 airplanes). The ACTION: Notice of proposed rulemaking (NPRM). overall regulatory, economic, service bulletins describe the following environmental, and energy aspects of procedures:
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• Installing protective ramps on trim U.S. operators is $36,570, or $530 per PART 39—AIRWORTHINESS panel 110VU. airplane. DIRECTIVES • Checking the protective guard of the Authority for This Rulemaking 1. The authority citation for part 39 standby pitch trim switch (18CG) to continues to read as follows: determine if it is missing, damaged, or Title 49 of the United States Code ineffective. (The protective guard is specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. ineffective if there is trim movement rules on aviation safety. Subtitle I, § 39.13 [Amended] when the protective guard is engaged Section 106, describes the authority of 2. The Federal Aviation and the standby pitch trim switch is the FAA Administrator. Subtitle VII, Administration (FAA) amends § 39.13 activated.) Aviation Programs, describes in more by adding the following new • Doing the corrective action if detail the scope of the Agency’s airworthiness directive (AD): necessary, which includes replacing a authority. damaged or ineffective protective guard We are issuing this rulemaking under Aerospatiale: Docket No. FAA–2006–23635; with a new part or installing a new part the authority described in Subtitle VII, Directorate Identifier 2005–NM–245–AD. if the protective guard is missing. Part A, Subpart III, Section 44701, Comments Due Date Accomplishing the actions specified ‘‘General requirements.’’ Under that (a) The FAA must receive comments on in the service information is intended to section, Congress charges the FAA with this AD action by February 21, 2006. adequately address the unsafe promoting safe flight of civil aircraft in Affected ADs condition. The DGAC mandated the air commerce by prescribing regulations service information and issued French for practices, methods, and procedures (b) None. airworthiness directive 2003–106(B) R1, the Administrator finds necessary for Applicability dated April 16, 2003, to ensure the safety in air commerce. This regulation (c) This AD applies to Aerospatiale Model continued airworthiness of these is within the scope of that authority ATR42–200, –300, –320, and –500 airplanes airplanes in France. because it addresses an unsafe condition and Model ATR72–101, –201, –102, –202, that is likely to exist or develop on –211, –212, and –212A airplanes, certificated FAA’s Determination and Requirements products identified in this rulemaking in any category; except those on which of the Proposed AD action. Airbus Modification 5450 has been These airplane models are incorporated in production. Regulatory Findings manufactured in France and are type Unsafe Condition certificated for operation in the United We have determined that this (d) This AD results from a finding that the States under the provisions of section proposed AD would not have federalism protective guard of the standby pitch trim 21.29 of the Federal Aviation implications under Executive Order switch, which is installed on the center Regulations (14 CFR 21.29) and the 13132. This proposed AD would not pedestal, could be damaged or missing. We applicable bilateral airworthiness have a substantial direct effect on the are issuing this AD to prevent inadvertent agreement. Pursuant to this bilateral States, on the relationship between the activation of the standby pitch trim, which airworthiness agreement, the DGAC has could result in pitch trim runaway and national Government and the States, or consequent reduced controllability of the kept the FAA informed of the situation on the distribution of power and airplane. described above. We have examined the responsibilities among the various DGAC’s findings, evaluated all pertinent levels of government. Compliance information, and determined that we For the reasons discussed above, I (e) You are responsible for having the need to issue an AD for airplanes of this certify that the proposed regulation: actions required by this AD performed within type design that are certificated for the compliance times specified, unless the 1. Is not a ‘‘significant regulatory actions have already been done. operation in the United States. action’’ under Executive Order 12866; Therefore, we are proposing this AD, 2. Is not a ‘‘significant rule’’ under the Installation, Inspection, and Corrective which would require accomplishing the Action if Necessary DOT Regulatory Policies and Procedures actions specified in the service (44 FR 11034, February 26, 1979); and (f) Within 4 months after the effective date information described previously, of this AD: Install protective ramps on trim except as discussed under ‘‘Clarification 3. Will not have a significant panel 110VU; and do a general visual of Inspection Terminology.’’ economic impact, positive or negative, inspection of the protective guard of the on a substantial number of small entities standby pitch trim switch (18CG) to Clarification of Inspection Terminology under the criteria of the Regulatory determine if it is missing, damaged, or The ‘‘check’’ of the protective guard Flexibility Act. ineffective, and do the corrective action if We prepared a regulatory evaluation applicable; by accomplishing all the specified in the Aerospatiale service applicable actions specified in the bulletins is referred to as a ‘‘general of the estimated costs to comply with Accomplishment Instructions of Avions de visual inspection’’ in this proposed AD. this proposed AD and placed it in the Transport Regional Service Bulletin ATR42– We have included the definition for a AD docket. See the ADDRESSES section 92–0010, Revision 1, dated March 11, 2003 general visual inspection in a note in for a location to examine the regulatory (for Model ATR42 airplanes); or Avions de this proposed AD. evaluation. Transport Regional Service Bulletin ATR72– 92–1010, Revision 1, dated March 11, 2003 Costs of Compliance List of Subjects in 14 CFR Part 39 (for Model ATR72 airplanes), as applicable. This proposed AD would affect about Air transportation, Aircraft, Aviation The corrective action, if required, must be done before further flight after the inspection. 69 airplanes of U.S. registry. The safety, Safety. proposed actions would take about 1 Note 1: For the purposes of this AD, a The Proposed Amendment general visual inspection is: ‘‘A visual work hour per airplane, at an average examination of an interior or exterior area, labor rate of $65 per work hour. Accordingly, under the authority installation, or assembly to detect obvious Required parts would cost about $465 delegated to me by the Administrator, damage, failure, or irregularity. This level of per airplane. Based on these figures, the the FAA proposes to amend 14 CFR part inspection is made from within touching estimated cost of the proposed AD for 39 as follows: distance unless otherwise specified. A mirror
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may be necessary to ensure visual access to Management Division (CGD01–05–101), accordance with 33 U.S.C. 471. In all surfaces in the inspection area. This level Coast Guard Sector New York, 212 Coast accordance with that statute, vessels of inspection is made under normally Guard Drive, room 321, Staten Island, will not be required to sound signals or available lighting conditions such as New York 10305. The Waterways exhibit anchor lights or shapes which daylight, hangar lighting, flashlight, or droplight and may require removal or Management Division of Coast Guard are otherwise required by rule 30 and 35 opening of access panels or doors. Stands, Sector New York maintains the public of the Inland Navigation Rules, codified ladders, or platforms may be required to gain docket for this rulemaking. Comments at 33 U.S.C. 2030 and 2035. The proximity to the area being checked.’’ and material received from the public, proposed special anchorage area will be as well as documents indicated in this located on the west side of the Hudson Alternative Methods of Compliance preamble as being available in the River about 1,800 yards south of (AMOCs) docket, will become part of this docket Bowline Point, well removed from the (g)(1) The Manager, International Branch, and will be available for inspection or channel and located where general ANM–116, Transport Airplane Directorate, copying at room 321, Coast Guard navigation will not endanger or be FAA, has the authority to approve AMOCs for this AD, if requested in accordance with Sector New York, between 8 a.m. and 3 endangered by unlighted vessels. the procedures found in 14 CFR 39.19. p.m., Monday through Friday, except Providing anchorage well removed from (2) Before using any AMOC approved in Federal holidays. the channel and general navigation accordance with § 39.19 on any airplane to FOR FURTHER INFORMATION CONTACT: would greatly increase navigational which the AMOC applies, notify the Lieutenant Commander M. McBrady, safety. appropriate principal inspector in the FAA Waterways Management Division, Coast This special anchorage area is part of Flight Standards Certificate Holding District Guard Sector New York at (718) 354– a waterfront revitalization project Office. 2353. authorized under U.S. Army Corps of Related Information Engineers permit number 2004–00596– SUPPLEMENTARY INFORMATION: (h) French airworthiness directive 2003– YR. Request for Comments 106(B) R1, dated April 16, 2003, also Discussion of Proposed Rule addresses the subject of this AD. We encourage you to participate in The proposed rule would create a new Issued in Renton, Washington, on January this rulemaking by submitting special anchorage area located on the 10, 2006. comments and related material. If you Hudson River at the Village of Ali Bahrami, do so, please include your name and Haverstraw, New York, on Haverstraw Manager, Transport Airplane Directorate, address, identify the docket number for Bay. It would include all waters of the Aircraft Certification Service. this rulemaking (CGD01–05–101), Hudson River bound by the following [FR Doc. E6–533 Filed 1–18–06; 8:45 am] indicate the specific section of this points: 41°11′25.2″ N, 073°57′19.9″ W; BILLING CODE 4910–13–P document to which each comment ° ′ ″ ° ′ ″ applies, and give the reason for each thence to 41 11 34.2 N, 073 57 00.8 W; thence to 41°11′41.9″ N, 073°57′07.5″ W; comment. Please submit all comments ° ′ ″ ° ′ ″ and related material in an unbound thence to 41 11 31.8 N, 073 57 26.5 W; DEPARTMENT OF HOMELAND thence to 41°11′30.8″ N, 073°57′24.9″ W; SECURITY format, no larger than 81⁄2 by 11 inches, suitable for copying. If you would like thence to the point of origin (NAD Coast Guard to know they reached us, please enclose 1983). a stamped, self-addressed postcard or All proposed coordinates are North envelope. We will consider all American Datum 1983 (NAD 83). 33 CFR Part 110 The special anchorage area would be comments and material received during [CG01–05–101] limited to vessels no greater than 20 the comment period. We may change meters in length. Vessels not more than RIN 1625–AA98 this proposed rule in view of them. 20 meters in length are not required to Anchorage Regulations; Port of New Public Meeting sound signals as required by rule 35 of York and Vicinity We do not now plan to hold a public the Inland Navigation Rules (33 U.S.C. meeting. But you may submit a request 2035) nor exhibit anchor lights or AGENCY: Coast Guard, DHS. for a meeting by writing to the shapes required by rule 30 of the Inland ACTION: Notice of proposed rulemaking. Waterways Management Division at the Navigation Rules (33 U.S.C 2030) when at anchor in a special anchorage area. SUMMARY: The Coast Guard proposes to address under ADDRESSES explaining why one would be beneficial. If we Additionally, mariners utilizing the establish a Special Anchorage Area in anchorage areas are encouraged to Haverstraw Bay on the Hudson River determine that one would aid this rulemaking, we will hold one at a time contact local and state authorities, such adjacent to Haverstraw, NY. This as the local harbormaster, to ensure proposed action is necessary to facilitate and place announced by a later notice in the Federal Register. compliance with additional applicable safe navigation in that area and provide state and local laws. Such laws may safe and secure anchorages for vessels Background and Purpose involve, for example, compliance with not more than 20 meters in length. This As part of a waterfront revitalization direction from the local harbormaster action is intended to increase the safety effort the Village of Haverstraw is when placing or using moorings within of life and property on the Hudson encouraging waterfront use by the the anchorage. River, improve the safety of anchored general public. This proposed rule is in Regulatory Evaluation vessels, and provide for the overall safe response to a request made by the and efficient flow of recreational vessel Village of Haverstraw to ensure the safe This proposed rule is not a traffic and commerce. navigation of increased vessel traffic ‘‘significant regulatory action’’ under DATES: Comments and related material expected to arrive along the village section 3(f) of Executive Order 12866, must reach the Coast Guard on or before waterfront due to this revitalization Regulatory Planning and Review, and March 20, 2006. effort. does not require an assessment of ADDRESSES: You may mail comments The Coast Guard is designating the potential costs and benefits under and related material to Waterways area as a special anchorage area in section 6(a)(3) of that Order. The Office
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of Management and Budget has not ADDRESSES) explaining why you think it Civil Justice Reform reviewed it under that Order. It is not qualifies and how and to what degree This proposed rule meets applicable ‘‘significant’’ under the regulatory this rule would economically affect it. standards in sections 3(a) and 3(b)(2) of policies and procedures of the Executive Order 12988, Civil Justice Department of Homeland Security Assistance for Small Entities Reform, to minimize litigation, (DHS). Under section 213(a) of the Small We expect the economic impact of eliminate ambiguity, and reduce Business Regulatory Enforcement this proposed rule to be so minimal that burden. Fairness Act of 1996 (Pub. L. 104–121), a full Regulatory Evaluation under the Protection of Children regulatory policies and procedures of we want to assist small entities in We have analyzed this proposed rule DHS is unnecessary. understanding this proposed rule so that This finding is based on the fact that they can better evaluate its effects on under Executive Order 13045, this proposal conforms to the changing them and participate in the rulemaking. Protection of Children from needs of the Village of Haverstraw and If the rule would affect your small Environmental Health Risks and Safety the changing needs of recreational business, organization, or governmental Risks. This rule is not an economically vessels along the Hudson River. This jurisdiction and you have questions significant rule and would not create an proposed rule is in the interest of safe concerning its provisions or options for environmental risk to health or risk to navigation and property protection. compliance, please contact Lieutenant safety that might disproportionately Commander M. McBrady, Waterways affect children. Small Entities Management Division, Coast Guard Indian Tribal Governments Under the Regulatory Flexibility Act Sector New York at (718) 354–2353. The (5 U.S.C. 601–612), we have considered Coast Guard will not retaliate against This proposed rule does not have whether this proposed rule would have small entities that question or complain tribal implications under Executive a significant economic impact on a about this rule or any policy or action Order 13175, Consultation and substantial number of small entities. of the Coast Guard. Coordination with Indian Tribal The term ‘‘small entities’’ comprises Governments, because it would not have small businesses, not-for-profit Collection of Information a substantial direct effect on one or organizations that are independently more Indian tribes, on the relationship owned and operated and are not This proposed rule would call for no between the Federal Government and dominant in their fields, and new collection of information under the Indian tribes, or on the distribution of governmental jurisdictions with Paperwork Reduction Act of 1995 (44 power and responsibilities between the populations of less than 50,000. U.S.C. 3501–3520). Federal Government and Indian tribes. The Coast Guard certifies under 5 Federalism Energy Effects U.S.C. 605(b) that this proposed rule would not have a significant economic A rule has implications for federalism We have analyzed this proposed rule impact on a substantial number of small under Executive Order 13132, under Executive Order 13211, Actions entities. Federalism, if it has a substantial direct Concerning Regulations That This proposed rule would affect the effect on State or local governments and Significantly Affect Energy Supply, following entities, some of which might would either preempt State law or Distribution, or Use. We have be small entities: The owners or impose a substantial direct cost of determined that it is not a ‘‘significant operators of recreational or commercial compliance on them. We have analyzed energy action’’ under that order because vessels intending to transit in a portion this proposed rule under that Order and it is not a ‘‘significant regulatory action’’ of the Hudson River near the special have determined that it does not have under Executive Order 12866 and is not anchorage area. However, this special implications for federalism. likely to have a significant adverse effect anchorage area would not have a on the supply, distribution, or use of significant economic impact on these Unfunded Mandates Reform Act energy. The Administrator of the Office of Information and Regulatory Affairs entities for the following reasons. The The Unfunded Mandates Reform Act has not designated it as a significant proposed special anchorage area does of 1995 (2 U.S.C. 1531–1538) requires not extend past the 18-foot contour on energy action. Therefore, it does not Federal agencies to assess the effects of the west side of the Hudson River. This require a Statement of Energy Effects their discretionary regulatory actions. In leaves approximately 1,680 yards of safe under Executive Order 13211. particular, the Act addresses actions water before reaching the 18-foot that may result in the expenditure by a Technical Standards contour on the east side of the Hudson State, local, or tribal government, in the River. It is also about 800 yards from the The National Technology Transfer aggregate, or by the private sector of 600-foot wide Hudson River Federal and Advancement Act (NTTAA) (15 $100,000,000 or more in any one year. Project Channel. This is more than U.S.C. 272 note) directs agencies to use Though this proposed rule would not enough room for the types of vessels voluntary consensus standards in their result in such an expenditure, we do currently operating on the river, which regulatory activities unless the agency discuss the effects of this rule elsewhere include both small and large provides Congress, through the Office of commercial vessels. Thus this special in this preamble. Management and Budget, with an anchorage area will not impede safe and Taking of Private Property explanation of why using these efficient vessel transits on the Hudson standards would be inconsistent with River. This proposed rule would not affect a applicable law or otherwise impractical. If you think that your business, taking of private property or otherwise Voluntary consensus standards are organization, or governmental have taking implications under technical standards (e.g., specifications jurisdiction qualifies as a small entity Executive Order 12630, Governmental of materials, performance, design, or and that this rule would have a Actions and Interference with operation; test methods; sampling significant economic impact on it, Constitutionally Protected Property procedures; and related management please submit a comment (see Rights. systems practices) that are developed or
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adopted by voluntary consensus Dated: December 7, 2005. would like to know that your standards bodies. David P. Pekoske, submission reached us, please enclose a This proposed rule does not use Rear Admiral, U.S. Coast Guard, Commander, stamped, self-addressed postcard or technical standards. Therefore, we did First Coast Guard District. envelope. We will consider all not consider the use of voluntary [FR Doc. E6–583 Filed 1–18–06; 8:45 am] comments and material received during consensus standards. BILLING CODE 4910–15–P the comment period. We may change this proposed rule in view of them. Environment Public Meeting DEPARTMENT OF HOMELAND We have analyzed this proposed rule SECURITY We do not now plan to hold a public under Commandant Instruction meeting. But you may submit a request M16475.lD, which guides the Coast Coast Guard for a meeting by writing to the address Guard in complying with the National under ADDRESSES explaining why one Environmental Policy Act of 1969 33 CFR Part 165 would be beneficial. If we determine (NEPA) (42 U.S.C. 4321–4370f), and that one would aid this rulemaking, we have made a preliminary determination [CGD09–06–140] will hold one at a time and place that there are no factors in this case that RIN 1625–AA00 announced by a later notice in the would limit the use of a categorical Federal Register. exclusion under section 2.B.2 of the Safety Zone; Vermilion River, Instruction. Therefore, we believe that Vermilion, OH. VYC Fleet Parade. Background and Purpose this rule should be categorically AGENCY: This safety zone is necessary to excluded, under figure 2–1, paragraph Coast Guard, DHS. manage vessel traffic in order to provide (34)(f), of the Instruction, from further ACTION: Notice of proposed rulemaking. for the safety of life and property on environmental documentation. This rule SUMMARY: The Coast Guard proposes navigable waters during the event. The fits the category selected from paragraph establishing a temporary safety zone for combination of parade vessels, narrow (34)(f) as it would establish a special the VYC Fleet Parade on the Vermilion navigational area, and large number of anchorage area. River between the mouth of the river inexperienced recreational boaters that A preliminary ‘‘Environmental and the Conrail Railroad Bridge, to transit this area could easily result in Analysis Check List’’ is available in the extend the entire width of the river. serious injuries or fatalities. docket where indicated under This safety zone is needed to protect ADDRESSES. Comments on this section persons and vessels from the potential Discussion of Proposed Rule will be considered before we make the safety hazards associated with the Fleet The Coast Guard proposes final decision on whether the rule Parade. Entry into this zone is establishing a temporary safety zone for should be categorically excluded from prohibited to all vessels unless the VYC Fleet Parade on the Vermilion further environmental review. authorized by the Captain of the Port, River between the mouth of the river ° ′ ″ ° ′ ″ List of Subjects in 33 CFR Part 110 Buffalo or a designated representative. (41 25 42 N and 081 21 54 W) and the DATES: Comments and related material Conrail Railroad Bridge (Mile 0.19), to Anchorage grounds. must reach the Coast Guard on or before extend the entire width of the river on For the reasons discussed in the February 21, 2006. May 29, 2006 from 2 p.m. (local) preamble, the Coast Guard proposes to ADDRESSES: Comments and material through 3 p.m. (local). These amend 33 CFR part 110 as follows: received from the public, as well as coordinates are based upon North documents indicated in this preamble as American Datum 1983 (NAD 83). PART 110—ANCHORAGE being available in the docket CGD09– The Coast Guard will notify the REGULATIONS 06–140 are part of this docket are public in advance by way of Ninth Coast available for inspection or copying at Guard District Local Notice to Mariners, 1. The authority citation for part 110 MSU Cleveland, 1055 East 9th Street, Marine Information Broadcasts, and for continues to read as follows: Cleveland, OH 44114 between 8 a.m. those who request it from Marine Safety Authority: 33 U.S.C. 471; 1221 through and 3:30 p.m., Monday through Friday, Unit Cleveland, by facsimile. except Federal holidays. 1236, 2030, 2035 and 2071; 33 CFR 1.05–1(g); Regulatory Evaluation and Department of Homeland Security FOR FURTHER INFORMATION CONTACT: Delegation No. 0170.1. Lieutenant (LT) Nicole Starr, U.S. Coast This proposed rule is not a ‘‘significant regulatory action’’ under 2. In § 110.60 add new paragraph (p– Guard Marine Safety Unit Cleveland, at section 3(f) of Executive Order 12866, 3) to read as follows: (216) 937–0128. SUPPLEMENTARY INFORMATION: Regulatory Planning and Review, and § 110.60 Port of New York and vicinity. does not require an assessment of Request for Comments * * * * * potential costs and benefits under We encourage you to participate in section 6(a)(3) of that Order. The Office (p) * * * this rulemaking by submitting of Management and Budget has not (p–3) Hudson River, at Village of comments and related materials. If you reviewed this rule under that Order. It Haverstraw. That portion of the Hudson do so, please include your name and is not ‘‘significant’’ under the regulatory River bound by the following points: address, identify the docket number for policies and procedures of the 41°11′25.2″ N, 073°57′19.9″ W; thence to this rulemaking, indicate the specific Department of Homeland Security 41°11′34.2″ N, 073°57′00.8″ W; thence to section of this document to which each (DHS). 41°11′41.9″ N, 073°57′07.5″ W; thence to comment applies, and give the reason We expect the economic impact of 41°11′31.8″ N, 073°57′26.5″ W; thence to for each comment. Please submit all this rule to be so minimal that a full 41°11′30.8″ N, 073°57′24.9″ W; thence to comments and related material in an regulatory evaluation under paragraph the point of origin (NAD 1983). unbound format, no larger than 81⁄2 by 10(e) of the regulatory policies and * * * * * 11 inches, suitable for copying. If you procedures of DHS is unnecessary.
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This determination is based on the Safety Unit Cleveland, 1055 East 9th Order 13175, Consultation and size and location of the safety zone Street, Cleveland, OH 44114. The Coast Coordination with Indian Tribal within the water. Commercial vessels Guard will not retaliate against small Governments, because it would not have will not be hindered by the safety zone, entities that question or complain about a substantial direct effect on one or as all commercial traffic will be diverted this rule or any policy or action of the more Indian tribes, on the relationship through the Lake Approach Channel. Coast Guard. between the Federal Government and Recreational vessels will not be allowed Indian tribes, or on the distribution of to transit through the designated safety Collection of Information power and responsibilities between the zone during the specified times. This rule would call for no new Federal Government and Indian tribes. collection of information under the We invite your comments on how this Small Entities Paperwork Reduction Act of 1995 (44 proposed rule might impact tribal Under the Regulatory Flexibility Act U.S.C. 3501–3520). government, even if that impact may not (5 U.S.C. 601–612), we have considered constitute a ‘‘tribal implication’’ under Federalism whether this rule would have a that Order. significant impact on a substantial A rule has implications for federalism number of small entities. The term under Executive Order 13132, Energy Effects ‘‘small entities’’ comprises small Federalism, if it has a substantial direct We have analyzed this rule under businesses, not-for-profit organizations effect on State or local governments and Executive Order 13211, Actions that are independently owned and would either preempt State law or Concerning Regulations That operated and are not dominant in their impose a substantial cost of compliance Significantly Affect Energy Supply, fields, and governmental jurisdictions on them. We have analyzed this rule Distribution, or Use. We have with populations of less than 50,000. under that Order and have determined determined that it is not a ‘‘significant The Coast Guard certifies under 5 that it does not have implications for energy action’’ under that order because U.S.C. 605(b) that this rule would not federalism. it is not a ‘‘significant regulatory action’’ have a significant economic impact on under Executive Order 12866 and is not a substantial number of small entities. Unfunded Mandates Reform Act likely to have a significant adverse effect This rule would affect the following The Unfunded Mandates Reform Act on the supply, distribution, or use of entities, some of which might be small of 1995 (2 U.S.C. 1531–1538) requires energy. The Administrator of the Office entities: The owners or operators of Federal agencies to assess the effects of of Information and Regulatory Affairs commercial vessels intending to transit their discretionary regulatory actions. In has not designated it as a significant a portion of the activated safety zone. particular, the Act addresses actions energy action. Therefore, it does not This safety zone would not have a that may result in the expenditure by a require a Statement of Energy Effects significant economic impact on a State, local, or tribal government, in the under Executive Order 13211. substantial number of small entities for aggregate, or by the private sector of Technical Standards the following reasons: The proposed $100,000,000 or more in any one year. zone is only in effect for one hour on the Though this proposed rule would not The National Technology Transfer day of the event. Before the activation result in such an expenditure, we do and Advancement Act (NTTAA) (15 of the safety zone, the Coast Guard will discuss the effects of this rule elsewhere U.S.C. 272 note) directs agencies to use issue maritime advisories available to in this preamble. voluntary consensus standards in their users who may be impacted through regulatory activities unless the agency notification in the Federal Register, the Taking of Private Property provides Congress, through the Office of Ninth District Coast Guard Local Notice This rule would not affect a taking of Management and Budget, with an to Mariners, Marine Information private property or otherwise have explanation of why using these Broadcasts and when requested by taking implications under Executive standards would be inconsistent with facsimile. Order 12630, Governmental Actions and applicable law or otherwise impractical. If you think that your business, Interference with Constitutionally Voluntary consensus standards are organization, or governmental Protected Property Rights. technical standards (e.g., specifications jurisdiction qualifies as a small entity of materials, performance, design, or and that this rule would have a Civil Justice Reform operation; test methods; sampling significant economic impact on it, This rule meets applicable standards procedure; and related management please submit a comment (see in sections 3(a) and 3(b)(2) of Executive system practices) that are developed or ADDRESSES) explaining why you think it Order 12988, Civil Justice Reform, to adopted by voluntary consensus qualifies and how and to what degree minimize litigation, eliminate standards bodies. this rule would economically affect it. ambiguity, and reduce burden. This rule proposed does not use technical standards. Therefore, we did Assistance for Small Entities Protection of Children not consider the use of voluntary Under section 213(a) of the Small The Coast Guard has analyzed this consensus standards. Business Regulatory Enforcement rule under Executive Order 13045, Fairness Act of 1996 (Public Law 104– Protection of Children from Environment 121), we offered to assist small entities Environmental Health Risks and Safety We have analyzed this proposed rule in understanding this rule so that they Risks. This rule is not an economically under Commandant Instruction can better evaluate its effects and significant rule and does not concern an M16475.lD, which guides the Coast participate in the rulemaking process. If environmental risk to health or risk to Guard in complying with the National the rule would affect your small safety that may disproportionately affect Environmental Policy Act of 1969 business, organization, or governmental children. (NEPA)(42 U.S.C. 4321–4370f), and jurisdiction and you have questions have made a preliminary determination concerning its provisions or options for Indian Tribal Governments that there are no factors in this case that compliance, please contact Lieutenant This proposed rule does not have would limit the use of a categorical Nicole Starr, U.S. Coast Guard Marine tribal implications under Executive exclusion under section 2.B.2 of the
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Instruction. Therefore, we believe that ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: In the this rule should be categorically AGENCY final rules section of this Federal excluded, under figure 2–1, paragraph Register, EPA is approving the State’s (34)(g), of the Instruction, from further 40 CFR Part 52 SIP submittal as a direct final rule environmental documentation. This without prior proposal because the event establishes a safety zone therefore [EPA–R06–OAR–2005–TX–0014; FRL–8022– Agency views this as a noncontroversial paragraph (34)(g) of the Instruction 3] submittal and anticipates no relevant applies. adverse comments. A detailed rationale A preliminary ‘‘Environmental Approval and Promulgation of Air for the approval is set forth in the direct Analysis Check List’’ is available in the Quality Implementation Plans; Texas; final rule. If no relevant adverse docket where indicated under Revisions to Control Volatile Organic comments are received in response to ADDRESSES. Comments on this section Compound (VOC) Emissions; VOC this action, no further activity is will be considered before we make the Control for Facilities in the Dallas/Fort contemplated. If EPA receives relevant final decision on whether the rule Worth (DFW) Ozone Nonattainment adverse comments, the direct final rule should be categorically excluded from Area will be withdrawn and all public further environmental review. AGENCY: Environmental Protection comments received will be addressed in List of Subjects in 33 CFR Part 165 Agency (EPA). a subsequent final rule based on this proposed rule. EPA will not institute a ACTION: Proposed rule. Harbors, Marine Safety, Navigation second comment period. Any parties (water), Reporting and recordkeeping SUMMARY: EPA is proposing to approve interested in commenting on this action requirements, Waterways. Texas State Implementation Plan (SIP) should do so at this time. Please note For the reasons discussed in the revisions. The revisions pertain to that if EPA receives adverse comment preamble, the Coast Guard proposes to regulations to control VOC emissions on an amendment, paragraph, or section amend 33 CFR part 165 as follows: from VOC transfer operations and of the rule, and if that provision may be PART 165—REGULATED NAVIGATION solvent using processes. The revisions severed from the remainder of the rule, AREAS AND LIMITED ACCESS AREAS allow use of gasoline vapor recovery EPA may adopt as final those provisions systems approved by Texas, and add of the rule that are not the subject of an 1. The authority citation for part 165 new requirements to control VOC adverse comment. continues to read as follows: emissions from motor vehicle fuel For additional information, see the Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. dispensing facilities and surface coating direct final rule which is located in the Chapter 701; 50 U.S.C. 191, 195; 33 CFR facilities in Ellis, Johnson, Kaufman, rules section of this Federal Register. 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Parker, and Rockwall Counties. These Dated: January 6, 2006. 107–295, 116 Stat. 2064; Department of counties are part of the DFW 8-hour Lawrence E. Starfield, Homeland Security Delegation No. 0170.1. ozone standard nonattainment area. The Acting Regional Administrator, Region 6. 2. A new temporary § 165.T09–140 is revisions also amend regulations on use [FR Doc. 06–434 Filed 1–18–06; 8:45 am] added to read as follows: of cleaning solvents. We are proposing BILLING CODE 6560–50–P to approve the revisions pursuant to § 165.T09–140 Safety Zone; 2006 Vermilion sections 110, 116 and part D of the River, Mouth of the river to Mile 0.79, Vermilion, Ohio. VYC Fleet Parade. Federal Clean Air Act (CAA). The control of VOC emissions will help to FEDERAL COMMUNICATIONS (a) Location. The Coast Guard attain and maintain the 8-hour national COMMISSION proposes establishing a temporary safety ambient air quality standard (NAAQS) zone for the VYC Fleet Parade on the for ozone in Texas. Approval will make 47 CFR Part 20 Vermilion River between the mouth of the revised regulations Federally the river (41°25′42″ N and 081°21′54″ enforceable. [WT Docket No. 05–265; DA 05–3183] W) and the Conrail Railroad Bridge (Mile 0.19), to extend the entire width DATES: Written comments should be Reexamination of Roaming Obligations of the river. These coordinates are based received on or before February 21, 2006. of Commercial Mobile Radio Service upon North American Datum 1983 ADDRESSES: Comments may be mailed to Providers (NAD 83). Mr. Thomas Diggs, Chief, Air Planning AGENCY: Federal Communications (b) Effective Period. This section is Section (6PD–L), Environmental Commission. effective from 2 p.m. (local) through 3 Protection Agency, Region 6, 1445 Ross p.m. (local) on May 29, 2006. Avenue, Suite 1200, Dallas, Texas ACTION: Proposed rule; extension of (c) Regulations. Entry into, transit 75202–2733. Comments may also be reply comment period. through or anchoring within this safety submitted electronically or through SUMMARY: In this document, the zone is prohibited unless authorized by hand delivery/courier by following the the Captain of the Port Buffalo or his Wireless Telecommunications Bureau detailed instructions in the ADDRESSES extends the period for reply comment designated on-scene representative. The section of the direct final rule located in designated on-scene representative will on the Notice of Proposed Rulemaking the rules section of this Federal (NPRM) in this proceeding. The be the Coast Guard Patrol Commander. Register. The Coast Guard Patrol Commander deadline to file reply comments is may be contacted via VHF Channel 16. FOR FURTHER INFORMATION CONTACT: Carl extended from December 27, 2005 to Young, Air Planning Section (6PD–L), January 26, 2006. The action is taken to Dated: January 9, 2006. Environmental Protection Agency, respond to a joint request filed on behalf S.J. Ferguson, Region 6, 1445 Ross Avenue, Suite 700, of a number of carriers and trade Captain, U.S. Coast Guard, Captain of the Dallas, Texas 75202–2733, telephone associations, representing a cross- Port Buffalo. 214–665–6645; fax number 214–665– section of the wireless industry, to [FR Doc. E6–584 Filed 1–18–06; 8:45 am] 7263; e-mail address extend the reply comment deadline by BILLING CODE 4910–15–P [email protected]. 30 days.
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DATES: Reply comments due January 26, DEPARTMENT OF TRANSPORTATION regional carriers (petitioners) 2 filed a 2006. petition to institute a proceeding under Surface Transportation Board 49 U.S.C. 10502 to exempt a class of ADDRESSES: You may submit reply small carriers from the prior approval comments, identified by WT Docket No. 49 CFR Part 1105 requirements for abandonments under 05–265, by any of the following [STB Ex Parte No. 647] 49 U.S.C. 10903. Petitioners included a methods: detailed proposal, including revised • Federal eRulemaking Portal: http:// Class Exemption for Expedited rules for 49 CFR 1152.50 (exempt www.regulations.gov. Follow the Abandonment Procedure for Class II abandonments) and 1152.27 (offers of instructions for submitting comments. and Class III Railroads financial assistance). The Board issued a decision on August 13, 2003, to • Federal Communications AGENCY: Surface Transportation Board, institute a proceeding and held a public Commission’s Web site: http:// DOT. hearing on August 31, 2004, to discuss www.fcc.gov/cgb/ecfs/. Follow the ACTION: Advance notice of proposed the issues raised in petitioners’ filing. instructions for submitting comments. rulemaking. The Board has exclusive and plenary • E-mail: Include the docket jurisdiction over the abandonment of number(s) in the subject line of the SUMMARY: The Surface Transportation rail lines. Chicago & N.W. Transp. Co. message. Board (Board) has received a proposal to v. Kalo Brick & Tile Co., 450 U.S. 311, create a class exemption under 49 • People with Disabilities: Contact 319–21 (1981) (Kalo Brick); Phillips Co. U.S.C. 10502 for Class II and Class III v. Denver & Rio Grande Western R. Co., the FCC to request reasonable 1 railroads from the prior approval 97 F.3d 1375, 1376–78 (10th Cir. 1996), accommodations (accessible format requirements for abandonments under cert. denied, 521 U.S. 1104 (1997). documents, sign language interpreters, 49 U.S.C. 10903. A public hearing was Under 49 U.S.C. 10903, the Board may CART, etc.) by e-mail: [email protected] held on August 31, 2004, to discuss the authorize abandonment if it finds that or phone: 202–418–0530 or TTY: 202– proposal. Before deciding whether to the present or future public convenience 418–0432. issue a Notice of Proposed Rulemaking and necessity (PC&N) require or permit (NPR), the Board seeks comments from FOR FURTHER INFORMATION CONTACT: Eli the abandonment. In making this public interested persons on this proposal and interest determination, the Board Johnson at (202) 418–1395, possible alternatives to it, as detailed [email protected], or Won Kim (202) below. 418–1368, [email protected], Wireless 2 The sixty-five carriers are: Allegheny & Eastern DATES: Notices of intent to participate in Railroad, Inc.; Bradford Industrial Rail, Inc.; Buffalo Telecommunications Bureau, Spectrum this rulemaking process are due on & Pittsburgh Railroad, Inc.; Carolina Coastal and Competition Policy Division. Railway, Inc.; Commonwealth Railway, Inc.; February 2, 2006. Comments are due on Chicago SouthShore & South Bend Railroad; SUPPLEMENTARY INFORMATION: This March 6, 2006. Replies to comments are Chattahoochee & Gulf Railroad Co., Inc.; Connecuh proposed rulemaking, 70 FR 56612, due on April 4, 2006. Valley Railroad Co., Inc.; Corpus Christi Terminal ADDRESSES: All notices of intent to Railroad, Inc.; The Dansville & Mount Morris September 28, 2005, concerns a decision Railroad Company; Eastern Idaho Railroad, Inc.; to examine whether the Commission’s participate and comments may be Genesee & Wyoming Railroad Company; Golden current rules regarding roaming submitted either via the Board’s e-filing Isles Terminal Railroad, Inc.; H&S Railroad Co., requirements applicable to CMRS format or in the traditional paper Inc.; Illinois Indiana Development Company, LLC; format. Any person using e-filing should Illinois & Midland Railroad Company, Inc.; Kansas providers should be modified given the & Oklahoma Railroad, Inc.; Knoxville & Holston current state of the CMRS market. The comply with the instructions found on River Railroad Co., Inc.; Lancaster and Chester full text of the NPRM and comments the Board’s http://www.stb.dot.gov Web Railway Company; Laurinburg & Southern Railroad filed in response to the NRPM are site, at the ‘‘E-FILING’’ link. Any person Co., Inc.; Louisiana & Delta Railroad, Inc.; submitting a filing in the traditional Louisville & Indiana Railroad Company; Minnesota available for public inspection on the Prairie Line, Inc.; Montana Rail Link, Inc.; New Commission’s Internet site at http:// paper format should send an original York & Atlantic Railway Company; Pacific Harbor www.fcc.gov. It is also available for and 10 paper copies of the filing Line, Inc.; Palouse River & Coulee City Railroad, (referring to STB Ex Parte No. 647) to: Inc.; Pennsylvania Southwestern Railroad, Inc.; inspection and copying during regular Surface Transportation Board, 1925 K Piedmont & Atlantic Railroad Inc.; Pittsburg & business hours in the FCC Reference Shawmut Railroad, Inc.; Portland &Western Street, NW., Washington, DC 20423– Center (Room CY–A257), 445 12th Railroad, Inc.; Rochester & Southern Railroad, Inc.; 0001. Rocky Mount & Western Railroad Co., Inc.; St. Street, SW., Washington, DC 20554. The Lawrence & Atlantic Railroad Company; Salt Lake full text of this document also may be FOR FURTHER INFORMATION CONTACT: City Southern Railroad Company; Savannah Port purchased from the Commission’s Joseph Dettmar, (202) 565–1609. Terminal Railroad, Inc.; South Buffalo Railway duplication contractor, Best Copy and [Assistance for the hearing impaired is Company; South Kansas & Oklahoma Railroad available through the Federal Company; Stillwater Central Railroad; Talleyrand Printing Inc., Portals II, 445 12th St., Terminal Railroad, Inc.; Three Notch Railroad Co., Information Relay Service (FIRS) at 1– SW., Room CY–B402, Washington, DC Inc.; Timber Rock Railroad, Inc.; Twin Cities & 800–877–8339.] Western Railroad Company; Utah Railway 20554; telephone (202) 488–5300; fax Company; Willamette & Pacific Railroad, Inc.; (202) 488–5563; e-mail SUPPLEMENTARY INFORMATION: On May 15, 2003, sixty-five short-line and Wiregrass Central Railroad Company, Inc.; York [email protected]. Railway Company; AN Railway, LLC; Atlantic and Western Railway, Limited Partnership; Bay Line Federal Communications Commission. 1 The Board’s regulations divide railroads into Railroad, LLC; Central Midland Railway; Copper Catherine W. Seidel, three classes based on annual carrier operating Basin Railway, Inc.; East Tennessee Railway, L.P.; revenues. Class I railroads are those with annual Galveston Railroad, L.P.; Georgia Central Railway, Acting Chief, Wireless Telecommunications carrier operating revenues of $250 million or more L.P.; The Indiana Rail Road Company; KWT Bureau. (in 1991 dollars); Class II railroads are those with Railway, Inc.; Little Rock & Western Railway, L.P.; [FR Doc. 06–456 Filed 1–18–06; 8:45 am] annual carrier operating revenues of more than $20 M & B Railroad, L.L.C.; Tomahawk Railway, million but less than $250 million (in 1991 dollars); Limited Partnership; Valdosta Railway, L.P.; BILLING CODE 6712–01–P and Class III railroads are those with annual carrier Western Kentucky Railway, LLC; Wheeling & Lake operating revenues of $20 million or less (in 1991 Erie Railway Company; Wilmington Terminal dollars). See 49 CFR part 1201, General Instruction Railroad, L.P.; and Yolo Shortline Railroad 1–1(a). Company.
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weighs the burden on shippers and needed to support a full application new class exemption for Class II and communities from the loss of rail under 49 U.S.C. 10903, i.e., base and Class III carriers seeking abandonment service against the burden on the carrier forecast year statistics, come from the authority. Under petitioners’ proposal, and interstate commerce from continued Board’s Uniform System of Accounts, Class II and Class III carriers would be operation of the line at issue. Colorado which only Class I carriers are required eligible to abandon their lines by v. United States, 271 U.S. 153 (1926). to use and report to the Board. invoking a notice procedure. The carrier The Board considers all relevant factors, Petitioners assert that small carriers would publish relevant commercial and including profits or losses incurred from typically lack the necessary data. They engineering information about the line operating the line, costs avoidable by can try to compile the necessary in local newspapers and national abandonment (such as maintenance and information or ask the Board for a railroad industry publications, in rehabilitation costs) and the opportunity waiver, but neither option is attractive addition to filing with the Board a costs incurred by forgoing more to small carriers. Petitioners maintain notice to be published in the Federal profitable use of the carrier’s assets that the first option is too expensive. Register. Such a notice would contain: elsewhere. Kalo Brick, 450 U.S.C. 311, The second also involves expense, 3 years of aggregate carload and revenue 321 (1981). See also 49 CFR part 1152. coupled with delay and uncertainty as data; a statement of physical condition The statute directs the Board also to to whether the waiver will be granted. of the line; an estimate of the consider whether the abandonment will Petitioners also claim that filing a rehabilitation, if any, that would be have a serious, adverse impact on rural petition for exemption for an individual needed to bring the line up to Federal and community development. 49 U.S.C. line under 49 U.S.C. 10502(a) poses Railroad Administration class 1 10903(d). challenges for small carriers. Although standards; the net liquidation value Over the years, Congress has taken less data are required and filing (NLV) of the line; and information steps to minimize needless burdens and expenses are lower, petitioners claim concerning connecting carriers, delay in the regulatory process. See that the individual exemption process is interchange locations, and any operating Railroad Ventures, Inc. v. STB, 299 F.3d too uncertain. Petitioners cite a Board rights of third parties over the line. 523, 529 n.1, 530–31 (6th Cir. 2002). decision that states that petitions for Other data would be made available Since 1980 it has encouraged the agency exemption are appropriate only where upon request to an OFA offeror. to streamline the regulatory process there is no opposition or operation of Petitioners’ proposed changes to the where appropriate. Under 49 U.S.C. the line is clearly unprofitable. Central Board’s abandonment rules are 10502, the Board must exempt a Railroad Company of Indiana— contained in the Appendix to the transaction, person, or service, in whole Abandonment Exemption)—In Board’s decision served on January 19, or in part, from otherwise applicable Dearborn, Decatur, Franklin, Ripley, 2006. A copy of the Board’s decision is statutory provisions when the Board and Shelby Counties, IN, STB Docket available on the Board’s Web page at finds that: (1) Continued regulation is No. AB–459 (Sub-No. 2X) (STB served http://www.stb.dot.gov or by contacting not necessary to carry out the rail May 4, 1998). Petitioners argue that this ASAP Document Solutions at (202) 306– transportation policy of 49 U.S.C. standard discourages use of the petition 4004. 10101; and (2) either (a) the transaction for exemption process in all but the Under Petitioners’ proposal, carriers is of limited scope, or (b) regulation is most routine cases. They also point out that availed themselves of this class not necessary to protect shippers from that a carrier must make its entire exemption procedure would waive any the abuse of market power. presentation in its initial filing, with no claim for the value of the line in excess The Board has used this exemption right to respond to comments and of NLV. Also, if an OFA sale were power to simplify and expedite protests. consummated and the subject line abandonment cases where it believes Petitioners claim that these connected only to the abandoning that closer regulatory scrutiny is deficiencies force carriers to forgo carrier, the abandoning carrier would be unnecessary, and most requests for seeking abandonment authority until a required to provide the purchaser with abandonment authority are now line is eligible for the Out-of-Service either haulage or trackage rights (at the handled through the exemption process. Exemption. Petitioners assert that the abandoning carrier’s choice), at A carrier seeking abandonment result is that when a prudent small commercially reasonable rates, to move authority may petition the Board for an carrier makes the subjective business any traffic to and from any connecting exemption for a particular line on a decision that a particular line is no carrier with which traffic has moved case-by-case basis. See 49 CFR 1152.60. longer viable, it will increase rates on during the 24 preceding months. The Or, if no local traffic has moved over the the line and divert resources away from proposal would create a longer OFA line in at least 2 years, any overhead the line to other more productive parts filing period of 90 days and would, at traffic can be rerouted, and no formal of its system. This, in turn, forces any the abandoning carrier’s option, delay complaint filed by a user regarding remaining traffic to find more the need to file the historic and cessation of service over the line is economical alternatives. When the line environmental reports required under pending or has been decided against the becomes eligible, the carrier would then the Board’s environmental rules at 49 railroad during the 2-year period, a invoke the class exemption for out-of- CFR 1105.7 and 1105.8 until after the carrier may utilize a class exemption for service lines. Petitioners argue that this OFA process. Under the proposal, ‘‘out-of-service lines.’’ See 49 CFR process wastes resources and deters carriers that elected to defer such 1152.50(b); Exemption of Out of Service potential offers of financial assistance reports would obtain only Rail Lines, 2 I.C.C.2d 146, 157–58 (OFAs) to continue rail service under 49 discontinuance authority and would not (1986), aff’d sub nom. Illinois U.S.C. 10904, because shippers will be able to remove track structure until Commerce Comm’n v. ICC, 848 F.2d already have found alternative such reports were completed. 1246 (D.C. Cir. 1988), cert. denied, 488 transportation and the physical assets In order to adopt a class exemption U.S. 1004 (1989) (Out-of-Service will have deteriorated for at least 2 for small carrier abandonments, we Exemption). years. would first have to find that, as a class, Petitioners claim that the existing To alleviate these perceived regulation of these transactions is not procedures do not work well for small shortcomings in the Board’s current necessary to carry out the rail carriers. Petitioners argue that the data procedures, petitioners have proposed a transportation policy of 49 U.S.C.
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10101. See 49 U.S.C. 10502. This communities by such abandonments discontinuance authority until the analysis would require that we and the effects of deferred maintenance environmental and historic reporting determine whether, on balance, those and increased rates on continued requirements are completed. sometimes conflicting policies would be service on low volume lines would be Discontinuance authority, however, promoted or hindered by exemption helpful. also generally triggers the need for from regulatory requirements that Second, Congress considered completion of an EA prior to the time otherwise would apply. See Out-of- eliminating the PC&N test for all carrier the discontinuance of service is Service Exemption, citing Baggett abandonments during the consideration authorized. See 49 CFR 1105.6(b)(3). Transportation Co. v. U.S., 666 F.2d of the ICC Termination Act of 1995 Petitioners acknowledge this by 524, 530–31 (11th Cir. 1982). If (ICCTA), but ultimately did not do so. providing in their proposal that a carrier regulation is not necessary, we would The House bill contained a proposed that utilizes this process would certify also have to find that either (a) the section 10703 that would have replaced that the discontinuance would not transactions are of limited scope, or (b) section 10903 and 10904 and converted result in operational changes exceeding regulation is not necessary to protect all applications for abandonment or the thresholds set forth at 49 CFR shippers from the abuse of market discontinuance authority from the 1105.7(e)(4) and (5), and that the carrier power. current PC&N standard into a had no plans to alter or remove any Petitioners argue that their proposal notification process to ‘‘maximize the historic properties. Petitioners also would meet this statutory test and opportunity for the line to be acquired compare their suggested discontinuance should be issued for public review and for continued operation by a smaller authority process to what takes place comment and adopted. At the same railroad, even though the line is revenue under a lawful embargo, i.e., a time, petitioners acknowledged at the deficient for a large trunk carrier.’’ H.R. temporary cessation of rail service. The public hearing that some technical Rep. No. 104–422, at 180–81(1995) Board requests comments regarding difficulties could exist with their rules (Conf. Rep.), as reprinted in 1995 whether the proposal put forth by as proposed and expressed a willingness U.S.C.C.A.N. 865–66. The Senate petitioners would allow the Board to to work with the Board in perfecting amendment instead removed outdated meet its responsibilities under NEPA and improving them. Therefore, the provisions from the abandonment and NHPA. Board is now issuing this Advance statute. The conference substitute At the hearing, the Association of Notice of Proposed Rulemaking to passed by Congress retained the PC&N American Railroads (AAR) urged the request public comment on whether the standard as formulated in the Senate proposed class exemption could meet amendment. The Board requests Board to seek to expedite and improve the statutory criteria and allow the comments on how the Board could its current historic review process, Board to meet its environmental justify going beyond the action Congress which, it believes, can significantly responsibilities. Also, the Board seeks took in ICCTA. delay railroad abandonments. AAR comment as to whether and how to Third, under the National stated that it was eager to work with the improve the proposed rules. Finally, the Environmental Policy Act of 1969 Board outside this proceeding to explore Board is also seeking comment as to (NEPA), 42 U.S.C. 4331–4335, the Board options to streamline the Board’s whether other changes to the Board’s is required to examine the potential historic reviews. AAR also indicated its processes could alleviate the alleged environmental impacts of proposed support of the former Chairman’s deficiencies with the current licensing actions subject to the Board’s suggestion of meetings with abandonment process that petitioners jurisdiction, including abandonments. representatives of the rail industry, the have identified for Class II and Class III The Section of Environmental Analysis historic preservation community, and carriers. After reviewing the comments, (SEA) is the office responsible for SEA. Since the hearing, SEA has the Board will decide whether to issue ensuring compliance with NEPA and consulted with representatives from an NPR in this proceeding. the National Historic Preservation Act, AAR and the American Short Line and While we welcome comments on all 16 U.S.C. 470 (NHPA). Under 49 CFR Regional Railroad Association (ASLRA) aspects of petitioners’ proposal, and any 1105.6(b)(2), SEA prepares to determine the scope of the carriers’ alternatives, we will briefly outline Environmental Assessments (EAs) in concerns. SEA has also provided below initial concerns we have with the most rail abandonment cases, analyzing extensive background information on class exemption, as proposed by the potential environmental and historic the nature of these concerns to the petitioners. First, section 10903 requires issues, and recommending appropriate Advisory Council on Historic the Board to balance competing interests mitigation. SEA bases its analysis on Preservation (ACHP) and has apprised in determining whether the PC&N information submitted by the carrier in ACHP that the Board would like its require or permit abandonment. the form of an environmental and assistance in developing appropriate Petitioners’ proposed class exemption historic report that sets forth the details streamlining options. In addition, SEA would require a finding that the of the proposed action, potential has met with the Executive Director of balancing analysis under section 10903 environmental impacts, and summarizes the National Conference of State is unnecessary for some classes of consultations conducted with relevant Historic Preservation Officers carriers based only on their annual Federal, State, and local entities. (NCSHPO). With the assistance of an revenue. Petitioners’ proposal does not Petitioners’ proposal would allow ASLRA representative, SEA is currently appear to contain sufficient data to carriers the option of delaying the completing work on a White Paper, as support such a finding. To decide environmental and historic reports until requested by the NCSHPO. Furthermore, whether to issue an NPR proposing after the OFA period has expired. This, SEA has developed, at the carriers’ specific changes for Class II and Class III they argue, would eliminate waste and suggestion, a guidance document carriers, it would be useful to know the expense by preventing the preparation (available on the Board’s Web site under average length of lines abandoned by of unnecessary reports in cases where the ‘‘Environmental’’ button) to assist such carriers and the average number of an OFA results in the continued carriers in complying with NHPA in shippers affected by such operation of the line. If a carrier elects Board proceedings and thereby avoid abandonments. In addition, some to delay its reporting, under petitioners’ unnecessary delay. SEA will continue measure of the typical effect on local proposed rules the carrier would have working with the carriers and the
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historic preservation community on the By the Board, Chairman Buttrey and Vice (503) 872–2791, or Marta Nammack, streamlining initiative. Chairman Mulvey. NMFS, Office of Protected Resources, at Finally, at the public hearing and in Vernon A. Williams, (301) 713–1401. Reference materials written testimony, the representatives of Secretary. regarding this determination are organized labor raised an additional [FR Doc. 06–392 Filed 1–18–06; 8:45 am] available upon request or on the Internet at http://www.nwr.noaa.gov. concern regarding the class exemption BILLING CODE 4915–01–P as originally proposed. The unions SUPPLEMENTARY INFORMATION: expressed concern that it would be Previous Federal ESA Actions Related DEPARTMENT OF COMMERCE possible to create small carriers with to Oregon Coast Coho few or no employees to act as a way to National Oceanic and Atmospheric In 1995, we completed a avoid labor protection. For example, Administration comprehensive status review of West they stated, a Class I railroad could spin Coast coho salmon (Weitkamp et al., off a failing line to a small-carrier shell 50 CFR Part 223 1995) that resulted in proposed listing with no or few employees under the determinations for three coho ESUs, class exemption for sales to Class III [Docket No. 051227348–5348–01; I.D. 020105C] including a proposal to list the Oregon carriers, see 49 CFR 1150 subpart E, Coast coho ESU as a threatened species thus avoiding labor protection. The Endangered and Threatened Species: (60 FR 38011; July 25, 1995). On ‘‘small carrier’’ could then use Withdrawal of Proposals to List and October 31, 1996, we announced a 6- petitioners’ proposed class exemption to Designate Critical Habitat for the month extension of the final listing abandon the line. Petitioners have Oregon Coast Evolutionarily determination for the ESU, pursuant to acknowledged that such a practice Significant Unit (ESU) of Coho Salmon section 4(b)(6)(B)(i) of the ESA, noting would be a concern and expressed a substantial disagreement regarding the willingness to explore ways to protect AGENCY: National Marine Fisheries sufficiency and accuracy of the available against such possibilities, such as Service (NMFS), National Oceanic and data relevant to the assessment of including a holding period before the Atmospheric Administration (NOAA), extinction risk and the evaluation of abandonment class exemption could be Commerce. protective efforts (61 FR 56211). On May utilized. The Board requests public ACTION: Proposed rule; withdrawal. 6, 1997, we withdrew the proposal to comment on whether to propose such a list the Oregon Coast coho ESU as SUMMARY: In June 2004, we (NMFS) holding period, and if so, what the threatened, based in part on proposed that the Oregon Coast coho conservation measures contained in the holding period should be and how it Evolutionarily Significant Unit (ESU) would work. Oregon Coastal Salmon Restoration (Oncorhynchus kisutch) be listed as a Initiative (later renamed the Oregon Given our initial concerns about some threatened species under the Plan for Salmon and Watersheds; aspects of petitioners’ class exemption, Endangered Species Act (ESA). In June hereafter referred to as the Oregon Plan) as proposed, and the perceived 2005, we extended the 1-year deadline and an April 23, 1997, Memorandum of shortcomings petitioners see in the for the final listing determination by 6 Agreement (MOA) between NMFS and current abandonment regulations for months in light of public comments the State of Oregon which further smaller carriers, the Board also requests received and an assessment by the State defined Oregon’s commitment to public comments on other possible of Oregon concluding that the Oregon salmon conservation (62 FR 24588). We ways to improve the abandonment Coast coho ESU is viable (that is, likely concluded that implementation of process, and address the kinds of to persist into the foreseeable future harvest and hatchery reforms, and concerns petitioners have raised. For under current conditions). After habitat protection and restoration efforts example, the 2-year out-of-service considering the best available scientific under the Oregon Plan and the MOA exemption has reportedly worked well and commercial information available, substantially reduced the risk of we have concluded that the ESU is not since it has been adopted. Would a 1- extinction faced by the Oregon Coast in danger of extinction throughout all or year out-of-service exemption alleviate coho ESU. On June 1, 1998, the Federal a significant portion of its range, nor is some of the frustrations with the current District Court for the District of Oregon it likely to become so within the issued an opinion finding that our May process evidently experienced by small foreseeable future. We have determined carriers? Also, prior to ICCTA, 49 U.S.C. 6, 1997, determination to not list Oregon that the Oregon Coast coho ESU does Coast coho was arbitrary and capricious 10904(b) directed the agency to grant an not warrant listing as an endangered or abandonment application if no protest (Oregon Natural Resources Council v. threatened species under the ESA at this Daley, 6 F. Supp. 2d 1139 (D. Or. 1998)). had been received within 30 days of time. Therefore we have decided to filing. Would a similar, ‘‘no-protest’’ The Court vacated our determination to withdraw the proposed rule to list this withdraw the proposed rule to list the abandonment process for a petition for ESU. On December 14, 2004, we Oregon Coast coho ESU and remanded exemption improve upon the current proposed critical habitat for the Oregon the determination to NMFS for further process for small carriers? The Board Coast coho ESU. Because we are consideration. On August 10, 1998, we seeks comments on these and any other withdrawing the proposed listing issued a final rule listing the Oregon proposals interested persons might determination, we are also withdrawing Coast coho ESU as threatened (63 FR submit. the proposed rule to designate critical 42587), basing the determination solely This action will not significantly habitat for this ESU. on the information and data contained affect either the quality of the human ADDRESSES: NMFS, Protected Resources in the 1995 status review (Weitkamp et environment or the conservation of Division, 1201 NE Lloyd Boulevard, al., 1995) and the 1997 proposed rule energy resources. Suite 1100, Portland, Oregon, 97232. (62 FR 24588; May 6, 1997). FOR FURTHER INFORMATION CONTACT: Dr. In 2001 the U.S. District Court in Decided: January 9, 2006. Scott Rumsey, NMFS, Northwest Eugene, Oregon, set aside the 1998 Region, Protected Resources Division, at threatened listing of the Oregon Coast
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coho ESU (Alsea Valley Alliance v. In January 2005 the State of Oregon measures to halt or reverse habitat Evans, 161 F. Supp. 2d 1154, (D. Or. released a draft Oregon Coastal Coho degradation once detected. 2001)) (Alsea decision). In response to Assessment (draft assessment), which On May 13, 2005, Oregon issued its the Alsea ruling and several listing and (1) evaluated the current viability of the final Oregon Coastal Coho Assessment delisting petitions, we announced that Oregon Coast coho ESU, and (2) (final assessment). Oregon’s final we would conduct an updated status evaluated the certainty of assessment includes a summary of, and review of 27 West Coast salmonid ESUs, implementation and effectiveness of the response to, the comments received on including the Oregon Coast coho ESU Oregon Plan measures in addressing the the draft assessment, and includes (67 FR 6215, February 11, 2002; 67 FR factors for decline of the Oregon Coast several substantive changes intended to 48601, July 25, 2002). coho ESU. The latter evaluation was address concerns raised regarding the In 2003 we convened the Pacific intended to satisfy the joint NMFS— sufficiency and accuracy of the draft Salmonid Biological Review Team U.S. Fish and Wildlife Service’s Policy assessment. Oregon’s final assessment (BRT) (an expert panel of scientists from on Evaluating Conservation Efforts concludes that: (1) The Oregon Coast several Federal agencies including (‘‘PECE’’; 68 FR 15100, March 28, 2003). coho ESU is viable under current NMFS, FWS, and the U.S. Geological Oregon’s draft assessment concluded conditions, and should be sustainable Survey) to review the viability and that the Oregon Coast coho ESU is through a future period of adverse extinction risk of naturally spawning currently viable and that measures environmental conditions (including a populations in the 27 ESUs under under the Oregon Plan have stopped, if prolonged period of poor ocean review, including the Oregon Coast not reversed, the deterioration of Oregon productivity); (2) given the assessed coho ESU (Good et al., 2005; NMFS, Coast coho habitats. The draft viability of the ESU, the quality and 2003b). A slight majority of the BRT assessment also concluded that it is quantity of habitat is necessarily concluded that the naturally spawning highly likely that existing monitoring sufficient to support a viable ESU; and populations in the Oregon Coast coho efforts will detect any significant future (3) the integration of laws, adaptive ESU were likely to become endangered, deterioration in the ESU’s viability, or management programs, and monitoring noting that short-term risks were degradation of environmental condition, efforts under the Oregon Plan will alleviated by encouraging high allowing a timely and appropriate maintain and improve environmental escapements in recent years. The BRT response to conserve the ESU. On conditions and the viability of the ESU noted considerable uncertainty February 9, 2005, we published a notice into the foreseeable future. regarding the future viability of the ESU of availability of Oregon’s draft On June 28, 2005 (70 FR 37217), we given the uncertainty in predicting assessment for public review and announced a 6-month extension of the future ocean conditions for coho comment in the Federal Register (70 FR final listing determination for the Oregon Coast coho ESU, finding that survival, as well as uncertainty in 6840) and noted that information ‘‘there is substantial disagreement whether current freshwater habitats are presented in the draft and final regarding the sufficiency or accuracy of of sufficient quality and quantity to assessments would be considered in the available data relevant to the support the recent high abundance developing the final listing determination * * * for the purposes of levels and sustain populations during determination for the Oregon Coast coho soliciting additional data’’ (section future downturns in ocean conditions. ESU. The public comment period on 4(b)(6)(B)(i)). We announced a 30-day Although the BRT couched its Oregon’s draft assessment extended public comment period to solicit conclusion in terms of the statutory through March 11, 2005. definition (that is, not in danger of information regarding the validity of extinction, likely to become endangered We received 15 comments on Oregon’s final assessment, particularly in the foreseeable future), the BRT’s Oregon’s draft assessment, and on in light of the concerns raised with conclusion is not a recommendation to March 18, 2005, we forwarded these respect to Oregon’s draft assessment. list species. Rather, it is information for comments, as well as our technical review (NMFS, 2005b) and that of Statutory Framework for ESA Listing the decision-maker, who must also Determinations consider the risks and benefits from NMFS’ Northwest Fisheries Science artificial propagation programs included Center (NWFSC) (NMFS, 2005a), for The ESA defines an endangered in the ESU, efforts being made to protect Oregon’s consideration in developing its species as one that is in danger of the species, and any other information final assessment. The public comments extinction throughout all or a significant available to the agency, and must then and our review highlighted areas of portion of its range, and a threatened weigh that information in light of the uncertainty or disagreement regarding species as one that is likely to become five factors listed under section 4(a)(1) the sufficiency and accuracy of Oregon’s endangered in the foreseeable future of the ESA. draft assessment, including: the (Sections 3(6) and 3(20), respectively). On June 14, 2004, based on the BRT assumption that Oregon Coast coho The statute requires us to determine report, we proposed to list the Oregon populations are inherently resilient at whether any species is endangered or Coast coho ESU as a threatened species low abundance, and that this threatened because of any of five factors: (69 FR 33102). In the proposed rule, we compensatory response will prevent the present or threatened destruction of noted that Oregon was initiating a extinction during periods of low marine its habitat, overexploitation, disease or comprehensive assessment of the survival; the apparent de-emphasis of predation, the inadequacy of existing viability of the Oregon Coast coho ESU abundance as a useful indicator of regulatory mechanisms, or any other and of the adequacy of actions under the extinction risk; assumptions regarding natural or manmade factors (Section Oregon Plan for conserving Oregon the duration and severity of future 4(a)(1)(A)(E)). We are to make this Coast coho (and other salmonids in periods of unfavorable marine and determination based solely on the best Oregon). Following an initial public freshwater conditions; the ability of available scientific information after comment period of 90 days, the public monitoring and adaptive management conducting a review of the status of the comment period was extended twice for efforts to detect population declines or species and taking into account any an additional 36 and 22 days, habitat degradation, and to identify and efforts being made by states or foreign respectively (69 FR 53031, August 31, implement necessary protective governments to protect the species. The 2004; 69 FR 61348, October 18, 2004). measures; and the ability of Oregon Plan focus of our evaluation of these five
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factors is to evaluate whether and to is likely to improve the species’ viability IMST, 1998; 1999; 2002a; 2002b). what extent a given factor represents a at the time of the listing determination. Oregon’s recent assessment is the first threat to the future survival of the PECE also notes several important effort, however, to consider the effect of species. The focus of our consideration caveats. Satisfaction of the above actions and measures under the Oregon of protective efforts is to evaluate mentioned criteria for implementation Plan at an ESU scale. whether these efforts substantially have and effectiveness establishes a given Overview of Oregon’s Assessment and will continue to address the protective effort as a candidate for identified threats and so ameliorate a consideration, but does not mean that Oregon’s assessment was a species’ risk of extinction. In making an effort will ultimately change the risk comprehensive effort including all state our listing determination, we must assessment. The policy stresses that, just natural resource agencies and several consider all factors that may affect the as listing determinations must be based Federal partners. Oregon’s assessment future viability of the species, including on the viability of the species at the time represents an unprecedented, rigorous whether regulatory and conservation of review, so they must be based on the analysis of the viability of the Oregon programs are inadequate and allow state of protective efforts at the time of Coast coho ESU, past and continuing threats to the species to persist or the listing determination. The PECE threats to coho populations and the worsen, or whether these programs are does not provide explicit guidance on ESU, and protective efforts under the likely to mitigate threats to the species how protective efforts affecting only a Oregon Plan aimed at addressing the and reduce its extinction risk. The steps portion of a species’ range may affect a factors associated with the ESU’s we follow in implementing this listing determination, other than to say decline. statutory scheme are to: review the that such efforts will be evaluated in the Oregon’s assessment includes several status of the species, analyze the factors context of other efforts being made and elements that inform our consideration listed in section 4(a)(1) of the ESA to the species’ overall viability. under each of the listing determination steps: reviewing the status of the identify threats facing the species, Overview of the Oregon Plan assess whether certain protective efforts species, identifying threats facing the mitigate these threats, and make our The Oregon Plan is a ‘‘framework of species, assessing whether certain best prediction about the species’ future state laws, rules, and executive orders protective efforts mitigate these threats, persistence. designed to enhance and protect and making a reasonable prediction watershed health, at-risk species, and about the species’ future persistence Policy for the Evaluation of water quality by governing forest and (see the ‘‘Statutory Framework for Conservation Efforts agricultural practices, water diversions, Making ESA Listing Determinations’’ As noted above, the PECE provides wetlands, water quality, and fish and section, above). Oregon’s assessment direction for considering protective wildlife protections’’ (Oregon includes a viability analysis that efforts identified in conservation Watershed Enhancement Board, OWEB, directly informs our review of the status agreements, conservation plans, 2002). The Oregon Plan includes several of the species. Oregon’s assessment also management plans, or similar pre-existing activities and regulatory includes a review of a variety of documents (developed by Federal and non-regulatory programs, as well as regulatory mechanisms and agencies, state and local governments, additional coordination, compliance, conservation programs under the tribal governments, businesses, investment, monitoring, and voluntary Oregon Plan, using PECE as a organizations, and individuals) that involvement that are provided under the conceptual framework for its analysis. have not yet been implemented, or have umbrella of the Oregon Plan. The Not all aspects of the Oregon Plan, been implemented but have not yet mission of the Oregon Plan is to restore however, are properly reviewed under demonstrated effectiveness. The policy the watersheds of Oregon and recover PECE, which focuses on programs not articulates several criteria for evaluating the fish and wildlife populations of yet implemented or not yet having the certainty of implementation and those watersheds to productive and demonstrated effectiveness. The effectiveness of protective efforts to aid sustainable levels in a manner that information included in Oregon’s in determining whether a species provides substantial environmental, ‘‘PECE’’ analysis informs our warrants listing under the ESA. cultural, and economic benefits (IMST, consideration of the five ESA Section Evaluation of the certainty that an effort 2002). The Oregon Plan seeks to address 4(a)(1) factors by identifying present or will be implemented includes whether: factors for decline related to habitat loss future threats to the viability of the the necessary resources (e.g., funding and degradation by focusing on human Oregon Coast coho ESU. Oregon’s PECE and staffing) are available; the requisite infrastructure and activities that can analysis also informs our consideration agreements have been formalized such adversely affect salmonids and their of protective efforts and whether they that the necessary authority and habitat (e.g., fisheries management, substantially ameliorate identified regulatory mechanisms are in place; hatchery practices, fish passage barriers, threats and reduce the ESU’s risk of there is a schedule for completion and forestry, agriculture, livestock grazing, extinction. Some protective efforts evaluation of the stated objectives; and water diversions and fish screens, under the Oregon Plan are fully (for voluntary efforts) the necessary urbanization, permitted pollutant implemented, and information is incentives are in place to ensure discharges, and removal and fill available demonstrating their level of adequate participation. The evaluation permits). The Independent effectiveness. Other protective efforts of the certainty of an effort’s Multidisciplinary Science Team (IMST), under the Oregon Plan are new, not yet effectiveness is made on the basis of the independent expert panel that implemented, or have not demonstrated whether the effort or plan: establishes provides scientific oversight for the effectiveness. We evaluate such specific conservation objectives; Oregon Plan, has previously reviewed unproven efforts using the criteria identifies the necessary steps to reduce the adequacy of various elements of the outlined in PECE to determine their threats or factors for decline; includes Oregon Plan in addressing historically certainties of implementation and quantifiable performance measures for harmful practices, identifying and effectiveness. the monitoring of compliance and monitoring threats impeding Oregon’s viability analysis concluded effectiveness; incorporates the population- and ESU-level viability, and that the Oregon Coast coho ESU is principles of adaptive management; and restoring degraded salmon habitats (e.g., currently viable, with the component
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populations generally demonstrating The difference between Oregon’s designation for Oregon Coast coho to be sufficient abundance, productivity, conclusion that the ESU is likely to ‘‘influential scientific information’’ in distribution, and diversity to be persist into the foreseeable future, and the context of the OMB Peer Review sustained under the current and the 2003 BRT’s slight majority Bulletin. foreseeable range of future conclusion that it is not, rests on two We believe the independent expert environmental conditions. Oregon based major components that both considered: review under the joint NMFS/FWS peer its conclusion largely on its findings the adequacy of current habitat review policy, and the comments that (1) the Oregon Coast coho conditions to support future persistence, received from several academic societies populations exhibit strong density and the uncertainty about future ocean and expert advisory panels, collectively dependence conferring resilience in conditions. (In our review of Oregon’s satisfy the Peer Review Bulletin’s periods of low population abundance, assessment, we raised concerns about requirements for ‘‘adequate [prior] peer (2) there are sufficient high quality two other aspects of the analysis: (1) review’’ (NMFS, 2005h). We solicited habitats within the ESU to sustain Assumptions in Oregon’s model about technical review of the proposed productivity during periods of adverse productivity at low population size; and hatchery listing policy and salmon and environmental conditions; (3) current (2) assumptions about minimum steelhead listing determinations from harvest regulations and hatchery abundance thresholds. These were not over 50 independent experts selected reforms adequately address past harmful part of the 2003 BRT assessment from the academic and scientific practices; (4) the ESU is resilient in long because the BRT did not conduct community, Native American tribal periods of poor ocean survival population viability modeling). groups, Federal and state agencies, and the private sector. The individuals from conditions; and (5) measures under the Summary of Comments Received Oregon Plan make it unlikely that whom we solicited review of the habitat conditions will be degraded We solicited public comment on the proposals and the underlying science further in the future. proposed listing determination for the were selected because of their Oregon Coast coho ESU, and on In assessing the threats facing the demonstrated expertise in a variety of Oregon’s draft and final assessments, for Oregon Coast coho ESU, Oregon disciplines including: artificial 208 days (69 FR 33102, June 14, 2004; acknowledged in its final assessment propagation; salmonid biology, 69 FR 53031, August 31, 2004; 69 FR that a number of adverse environmental taxonomy, and ecology; genetic and 61348, October 18, 2004; 70 FR 6840, conditions could coincide posing a molecular techniques and analyses; February 9, 2005; 70 FR 37217, June 28, population demography; quantitative severe threat to the ESU’s viability. 2005). In addition, we held eight public methods of assessing extinction risk; However, Oregon concluded that the hearings in the Pacific Northwest fisheries management; local and ESU has demonstrated the ability to concerning the June 2004 West Coast regional habitat conditions and remain viable during such a salmon and steelhead proposed listing processes; and conducting scientific convergence of adverse conditions, such determinations, including the proposed analyses in support of ESA listing as had occurred in the 1990s, and to determination for the Oregon Coast coho determinations. The individuals rebound quickly once conditions had ESU (69 FR 53031, August 31, 2004; 69 solicited represent a broad spectrum of moderated. Oregon concluded that the FR 61348, October 18, 2004). perspectives and expertise. The life cycle, productivity, and spatial A joint NMFS/FWS policy requires us individuals solicited include those who structure of Oregon Coast coho provide to solicit independent expert review have been critical of past agency actions protection and reduce the likelihood from at least three qualified specialists, in implementing the ESA for West Coast that catastrophic events would result in concurrent with the public comment salmon and steelhead, as well as those the ESU not being viable in the period (59 FR 34270; July 1, 1994). We who have been supportive of these foreseeable future. Oregon solicited technical review of the June actions. These individuals were not acknowledged that ocean conditions 2004 proposed listing determinations, involved in producing the scientific and stream habitat complexity remain including the proposed determination information for our determinations and moderate threats for the ESU, but for the Oregon Coast coho ESU, from were not employed by the agency concluded that past threats from high over 50 independent experts selected producing the documents. In addition to harvest rates, poor hatchery practices, from the academic and scientific these solicited reviews, several blockages to fish passage, and impaired community, Native American tribal independent scientific panels and water quality and quantity have been groups, Federal and state agencies, and academic societies provided technical substantially reduced under the Oregon the private sector. review of the hatchery listing policy and Plan. Oregon concluded that the In December of 2004 the Office of proposed listing determinations, and the significant reductions in these threats Management and Budget (OMB) issued supporting documentation. Many of the are manifested in the present viability of a Final Information Quality Bulletin for members of these panels were the ESU. Oregon underscored that, Peer Review (Peer Review Bulletin), individuals from whom we had although the ocean environment for establishing minimum peer review solicited review. We thoroughly Oregon Coast coho survival has standards, a transparent process for considered and, as appropriate, improved since the 1990s, future ocean public disclosure, and opportunities for incorporated the review comments into conditions are highly uncertain. public input. The OMB Peer Review these final listing determinations. Oregon’s viability conclusion was not Bulletin, implemented under the In response to the requests for predicated on a finding that specific Information Quality Act (Public Law information and comments on the June conservation measures under the 106–554), is intended to ensure the 2004 proposed listing determinations, Oregon Plan provide sufficient certainty quality of agency information, analyses, we received over 28,250 comments by of implementation and effectiveness to and regulatory activities and provide for fax, standard mail, and e-mail. The substantially ameliorate risks facing the a more transparent review process. We majority of the comments received were ESU. Rather, its conclusion was based consider the scientific information used from interested individuals who on the past and present biological by the agency in determining to submitted form letters or form e-mails performance of, and threats facing, the withdraw the proposed listing and addressed general issues not ESU. determination and critical habitat specific to the Oregon Coast coho ESU.
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Comments were also submitted by state coho stock (ODFW stock #32), and the hatchery reviews as the program is no and tribal natural resource agencies, Fishhawk Lake hatchery coho stock longer collecting fish for broodstock or fishing groups, environmental (ODFW stock #99). ODFW noted that releasing smolts. However, we agree organizations, home builder both stocks, although founded using with ODFW that returns from Calapooya associations, academic and professional local natural-origin fish, are presently Creek hatchery stock, having been societies, expert advisory panels, managed as isolated broodstocks. recently derived from local natural- farming groups, irrigation groups, and Although the level of divergence origin fish, are likely no more than individuals with expertise in Pacific between these hatchery stocks and the moderately diverged from the local salmonids. The majority of respondents local wild populations is not known, natural populations and so will be focused on the consideration of ODFW noted that our hatchery reviews considered part of the Oregon Coast hatchery-origin fish in ESA listing (NMFS, 2003a, 2004b, 2004c) coho ESU. determinations, with only a few acknowledged that the level of Comment 2: A comment submitted by comments specifically addressing the divergence may be substantial. ODFW the Pacific Rivers Council (PRC) Oregon Coast Coho ESU. We also recommended that both the North Fork included a July 2003 report received comments from four of the Nehalem River and Fishhawk Lake investigating the potential benefits of a independent experts from whom we had hatchery stocks should be excluded modeled conservation hatchery program requested technical review of the from the ESU. in supplementing Oregon Coast coho scientific information underlying the ODFW also noted that the recently (Oosterhout and Huntington, 2003). PRC June 2004 proposed listing founded Calapooya Creek (Umpqua asserted that the report supports their determinations. Their comments did not River basin, Oregon) hatchery coho position that hatchery fish should be specifically address the proposed stock was not included in our hatchery considered as only a threat to wild determination for the Oregon Coast coho reviews. The Calapooya Creek program salmonid populations, and that any ESU. The reader is referred to the final was a small, short-term (in operation potential short-term benefits of artificial hatchery listing policy (70 FR 37204; from 2001–2003), research hatchery propagation are outweighed by the long- June 28, 2005) and final listing program conducted to evaluate the use term damaging genetic and ecological determinations for 16 salmon ESUs (70 of hatchery-reared fish in the effects on wild populations. The FR 37160; June 28, 2005) for a summary supplementation of a wild coho Oosterhout and Huntington (2003) and discussion of general issues raised population. The program is no longer report modeled an ‘‘idealized by the comments received. releasing fish, but will have returning conservation hatchery’’ program and Below we address the comments adults through 2006. ODFW suggested evaluated the success of received that directly pertain to the that had we included this stock in our supplementation efforts under different listing determination for the Oregon initial evaluations, the progeny scenarios of habitat quality and marine Coast coho ESU and Oregon’s expected to return through 2006 would survival. The authors conclude from assessment. We received many have been considered as part of the their modeling study that substantive comments of a detailed and Oregon Coast coho ESU. supplementation, even under optimized technical nature, particularly Response: We agree with ODFW’s model assumptions, poses long-term concerning Oregon’s assessment report. comments that the North Fork Nehalem ecological and genetic risks, and any Below we confine our summary of the River and Fishhawk Lake stocks short-term gains in salmon abundance comments received to those issues with propagated by the Nehalem hatchery are temporary. the potential to influence the final coho program should be excluded from Response: The use of artificial listing determination. (Copies of the full the ESU. Although both of these stocks propagation represents a broad text of comments received are available were originally founded from the local spectrum of hatchery practices and upon request, see ADDRESSES and FOR natural populations, they have not since facilities, as well as a variety of FURTHER INFORMATION CONTACT, above.) 1986 regularly incorporated natural fish ecological settings into which hatchery- The following summary of comments into their broodstock. Additionally, the origin fish are released. For this reason and our responses are organized into two hatchery stocks have not been it is essential to assess hatchery four general categories: (1) The managed in a way to assure that they programs on a case-by-case basis. Our consideration of hatchery origin fish in remain separate and conserve their assessment of the benefits, risks, and delineating the Oregon Coast coho ESU respective genetic resources. In 2 of uncertainties of artificial propagation and evaluating its viability; (2) Oregon’s every 3 years, the Nehalem hatchery concluded that the specific hatchery modeling of the viability of the Oregon program releases the North Fork programs considered to be part of the Coast coho ESU; (3) the consideration of Nehalem hatchery coho stock, and in Oregon Coast coho ESU collectively do threats facing, and efforts being made to the third year it releases the Fishhawk not substantially reduce the extinction protect, the species; and (4) the Lake stock. Since adult coho return at risk of the ESU in-total (NMFS, 2004c). applicable standard(s) under the ESA different ages, it is highly likely that We noted that these hatchery programs for making a final listing determination mixing has occurred between the two likely contribute to an increased of the Oregon Coast coho ESU. stocks. Although the North Fork abundance of total natural spawners in Nehalem and Fishhawk Lake hatchery the short term, although their Comments on the Consideration of stocks cluster genetically with other contribution to the productivity of the Hatchery-Origin Fish stocks that are part of the Oregon Coast supplemented populations is unknown. Comment 1: The Oregon Department coho ESU (Weitkamp et al., 1995), the Our assessment is consistent with the of Fish and Wildlife (ODFW) expressed stocks are managed in such a way that findings of Oosterhout and Huntington concern regarding the proposed they are substantially reproductively (2003). The findings of scientific inclusion of the North Fork Nehalem isolated from the local natural studies, such as the subject study on River coho hatchery program in the populations, and it is likely that they simulated conservation hatchery Oregon Coast coho ESU. ODFW have substantially diverged from the programs and their impacts on natural explained that the hatchery program evolutionary legacy of the ESU. coho populations, inform our propagates two different stocks: the We did not include the Calapooya consideration of the benefits and risks to North Fork Nehalem River hatchery Creek coho hatchery stock in our be expected from artificial propagation.
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However, it would be inappropriate to information could be evaluated or genetic data called into question rely on theoretical conclusions about alternative analyses explored to more Oregon’s assumptions regarding the the effectiveness of hatchery programs transparently test the validity of magnitude and frequency of migration and not consider program-specific Oregon’s assumptions and to evaluate among populations, thereby affecting information regarding broodstock origin, the sensitivity of the viability model projections of population persistence hatchery practices, and performance of results. Oregon made considerable and ESU viability. hatchery- and natural-origin fish. improvements to the final assessment by Response: We conclude that the including new information and population structure used in Oregon’s Comments on Oregon’s Modeling of ESU assessment represents a reasonable Viability analyses, and acknowledging many of the underlying assumptions and synthesis of the best available scientific Comment 3: Douglas County Board of associated uncertainties. It is to be information. It is consistent with, and Commissioners (Oregon) submitted a expected that an analysis of the scope of largely derived from, the preliminary report (Cramer et al., 2004) that Oregon’s assessment cannot address all historical populations identified by concludes that NMFS’ earlier viability uncertainties, fully explore the validity NOAA’s Technical Recovery Team analyses overstate the risks to Oregon of all the assumptions made, or explore (TRT) for the Northern California and Coast coho populations, and that the all alternative model formulations. The Oregon Coasts (Lawson et al., 2004) 2003 BRT’s findings warrant challenge for such a comprehensive (although it is unclear whether the reconsideration. The Cramer et al. assessment is for the authors to clearly population structure used in Oregon’s (2004) report asserts that previous state the assumptions being made, to viability analysis is intended to viability assessments failed to consider the implications of such represent the historical or current adequately consider connectivity among assumptions, and to disclose any population structure). The TRT spawner aggregations, underestimated associated uncertainties that may evaluated the spatial relationships of 67 juvenile over-winter survival in smaller substantively affect the model results. historical populations of Oregon Coast stream reaches, and underestimated We believe Oregon’s viability coho, principally on the basis of the coho population stability. The report assessment transparently addresses geographical and ecological asserts that sharp reductions in ocean these issues such that the technical characteristics of the Oregon coastal harvest rates since 1994, declining reader can adequately appraise the landscape. The TRT preliminarily influence of hatchery-origin fish, and reliability of, and uncertainties identified nine historical populations as improved monitoring and evaluation associated with, the report’s findings. functionally independent, nine as under the Oregon Plan confer a very low Oregon’s IMST, in its comments on the potentially independent, and 48 risk of extinction even if future marine draft assessment report, concluded that populations as dependent populations. survival rates are low and remain low. the assumptions and analyses These 67 populations are grouped into Response: The Cramer et al. (2004) geographic strata that (1) serve as a report does not present any substantial underpinning the State’s coho assessment are valid. Our review noted means of defining important geographic, new information, other than including genetic, and ecological diversity within an additional year of abundance data that there are conclusory statements in Oregon’s draft assessment that overstate the ESU, and (2) distinguish that was not available to the BRT. The independent populations that will be report emphasizes selective aspects of the confidence with which the viability of the Oregon Coast coho ESU can be the focus of rigorous viability analyses, the available data including: reduction monitoring, and restoration efforts. The assessed. However, the ‘‘Additional of threats by changes in fishery and TRT did not attempt to define current Considerations’’ section of Oregon’s harvest management; and improved populations or to predict what future final viability assessment discusses the biological status evidenced by populations might look like. The likely uncertainties and risks associated with increasing spawning escapements and historical structure of populations the analyses conducted and provides successful juvenile rearing throughout provides a framework for comparing the essential context to the report’s the ESU. These observations and historical and present status of conclusions. analyses were fully considered in the populations, identifying the changes BRT’s review (Good et al., 2005; NMFS, Comment 5: Several commenters that have affected them, and prioritizing 2003b), and Oregon’s assessment. The expressed doubt with respect to the restoration actions. The TRT notes that Cramer et al. (2004) report does not, by coho population structure posited in the preliminarily defined historical itself, add to our consideration of the Oregon’s viability analyses. The population structure may change in the BRT’s or Oregon’s findings. commenters noted that uncertainties future as viability analyses progress and Comment 4: Several commenters regarding the ESU’s population as new information becomes available. expressed concern that the conclusion structure contribute to biases in the It is expected that new genetic of Oregon’s assessment does not assessment of population-level and information (particularly from studies represent a balanced consideration of ESU-level extinction risks. These using newer genetic techniques with the available information and associated commenters advised that Oregon’s improved resolution over previous uncertainties. The commenters felt that assessment should include a discussion studies) will suggest population spatial the conclusion focused largely on the of how the report’s conclusions might structure that is different from that supporting evidence, and did not be affected if the presumed population identified by Oregon and the TRT. The adequately address uncertainties and structure proved to be incorrect. One genetic structure within an ESU is underlying assumptions. commenter asserted that preliminary dynamic, and is influenced by temporal Response: In our March 18, 2005, results from recent microsatellite DNA variability in gene flow, genetic drift, letter to Oregon detailing our comments genetic analyses indicate that there is and adaptation among populations. on its draft assessment (NMFS, 2005b) substantive population structure for the These processes will be particularly we recommended clarifying a number of Oregon Coast coho ESU on a smaller pronounced for smaller dependent explicit and implicit assumptions made spatial scale than is reflected by populations on short temporal scales, in Oregon’s analyses. We, as well as Oregon’s delineation of independent resulting in genetic population structure several other reviewers, suggested and dependent populations. The on finer spatial scales than that specific areas where additional commenter felt that the preliminary identified for larger independent
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populations over evolutionary time low spawner density (the ‘‘low executive summary and synthesis scales. We assume that the historical abundance paradigm’’). Commenters sections may be misleading. template was sustainable, while noting noted that: (1) There is little empirical Oregon responded to our comments the uncertainty in this assumption, evidence in the scientific literature to by including an alternate recruitment given that present habitats and support this claim; (2) Oregon’s low model to test the sensitivity of the environmental conditions have been abundance paradigm has not been model results to the low abundance substantially altered. thoroughly peer reviewed or tested with paradigm (i.e., the assumption that the Comment 6: Several commenters other coho data sets; and (3) any number of recruits per spawner will agreed strongly with Oregon’s conclusions that rest heavily on a new increase with decreasing numbers of assessment, and supported the and unverified paradigm are tenuous at spawners). Oregon concluded that the conclusion that the Oregon Coast coho best. Commenters observed that the removal of this assumption of strong ESU is viable. The commenters noted failure of the 1997–1999 brood years to productivity compensation at low that Oregon’s assessment represents the replace themselves on the spawning spawner densities from the recruitment first effort to synthesize the large model did not substantially alter its grounds, despite relatively low quantity of biological and habitat overall status determination for the abundance levels, appears to contradict information available for the ESU. The ESU. Oregon’s additional sensitivity Oregon’s low abundance paradigm. The commenters cited recent years of strong analysis lends support to a conclusion returns, reduced harvest rates, improved commenters argued that Oregon’s that the ESU is currently viable, even if hatchery management, and an ongoing analyses of data that arguably the low abundance paradigm is commitment to conservation measures demonstrate their low abundance insufficiently supported (NMFS, 2005d). under the Oregon Plan, as evidence that paradigm are uncompelling and However, the small samples sizes and the ESU is currently viable and statistically invalid. Commenters felt the effects of measurement error measures are in place to ensure it that the apparent resilience indicated by continue to contribute to uncertainty in remains so for the foreseeable future. the recent increased abundance of its assessment.. Response: Oregon’s assessment Oregon Coast coho is attributable to Comment 8: Several commenters were represents an impressive aggregation, favorable ocean conditions and critical of Oregon’s assumptions that the analysis and synthesis of population, substantially reduced harvest rates, current habitat conditions are adequate hatchery, harvest, and habitat data from rather than a strong compensatory to support viability. When many state and Federal agencies, and at demographic response. The commenters environmental conditions are multiple spatial and temporal scales. argued that had the favorable ocean unfavorable and population abundances We agree with the commenters that conditions and reduced harvest been are low, the populations tend to occupy Oregon’s assessment represents an absent, it is unlikely that the quick a small range of core habitats. When unprecedented effort for any West Coast increase in coho abundance would have environmental conditions improve, the ESU of salmon or steelhead, and that it occurred. populations expand into additional is sufficiently robust that it causes us to Response: We shared many of these habitat. Oregon’s assessment of ESU reconsider our proposed determination concerns with Oregon as part of our viability assumes that both the core and that the ESU is likely to become comments on its draft assessment report expansion habitats are of sufficient endangered in the foreseeable future. (NMFS, 2005a, 2005b). The data quantity and quality to support the The findings of Oregon’s assessment presented by Oregon in support of the populations through poor ocean conditions and to take advantage of need to be considered in the context of low abundance paradigm suffer from all the available information, favorable ocean conditions. These and low sample size, potentially substantial particularly in the context of other other commenters were concerned that measurement error, and the fact that viability analyses and the many the recent few years of improved coho Oregon did not adequately analyze technical reviews of Oregon’s analyses. returns during strongly favorable ocean whether increased productivity is NMFS’ BRT included in its analysis of conditions do not provide adequate ESU viability the recent improvements attributable to a strong compensatory support for the assumption that current in the ESU’s abundance and response or is better explained by habitat conditions are sufficient to productivity, improvements in hatchery interannual variability. Although there sustain these recent increases. practices, and sharp reductions in are data points for a few populations Response: Oregon acknowledges that harvest rates. As summarized above, the within a given brood year that suggest current habitat conditions are generally BRT’s findings reflect its considerable high productivity at low spawner poor, and that relative scarcity of high uncertainty regarding the threats facing abundances, there are contrary quality overwinter coho rearing habitat the ESU, particularly in predicting examples for the same population in is of concern. Oregon’s assessment notes future ocean conditions and different years, or for different that coho streams within the range of determining whether current freshwater populations in the same brood year. the ESU currently are characterized by habitat conditions are of sufficient Occasional large spikes in productivity a general scarcity of instream large quantity and quality to sustain viable are expected when evaluating such woody debris, a lack of large conifers in populations in the foreseeable future. recruitment data sets. We believe that riparian areas, reduced connectivity Oregon’s assessment, as well as other single data points are not very with off-channel habitats and flood information received during the public informative with regard to assessing plains, and the presence of fine comment periods, further inform our extinction risk. The more relevant sediments in spawning gravels (Oregon, evaluation of the ESU’s status, threats, consideration is whether mean 2005–3B). However, Oregon reasons that and related uncertainties. productivity is at or above replacement the ESU’s demonstrated ability to Comment 7: Several commenters over the long term through periods of rebound rapidly from the unfavorable criticized the assertion made in favorable and unfavorable environmental conditions of the 1990s Oregon’s viability analysis that Oregon environmental conditions. Oregon strongly indicates that currently Coast coho populations are inherently candidly acknowledges these issues in available freshwater habitats are of resilient at low levels of abundance due the report’s technical sections, although sufficient quantity and quality to to strong productivity compensation at overly broad statements in the reports’ support increased population
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productivity, increased population considerations of whether Oregon Coast lack the ability to respond to abundance, and increased spatial coho populations are likely to be environmental variability and distribution of populations, and sustain threatened with extinction in the catastrophic events and slide populations through any future foreseeable future. Oregon included a irrevocably toward extinction. The downturns in ocean conditions. sensitivity analysis in its final commenters expressed the concern that In contrast, the slight majority assessment report with scenarios in coho populations subjected to severe opinion of the 2003 BRT was that the which marine survival conditions boom and bust cycles of abundance will ESU is likely to become endangered, observed in the 1990s persisted for suffer an erosion of genetic and life- based largely on concerns regarding different lengths of time into the future. history diversity during ‘‘bottlenecks’’ of ability of current habitat conditions to The result was that the ESU remained low population abundance, and that sustain populations during future viable even under those conditions over multiple cycles will become periods of poor ocean productivity. The where very low marine survival reproductively less fit. The BRT noted that habitat quality was persisted for 24 years. This additional consequence, the commenters felt, generally poor, and habitat capacity was analysis was very informative, would be a gradually diminished ability significantly reduced from historical providing some of the best support for to fully re-occupy available habitat levels. Given the competing reasonable Oregon’s argument that the ESU is during favorable environmental inferences regarding ESU status from viable (NMFS, 2005d). conditions, and an ever accumulating limited data we cannot conclude that Comment 10: Several commenters risk of population extirpation and ESU the ESU is likely to become endangered expressed concern that Oregon’s extinction. One commenter also stressed in the foreseeable because of the assessment does not contemplate the that Oregon’s minimum population size ‘‘destruction, modification, or potential cumulative impact of threshold would provide insufficient curtailment of its habitat or range.’’ This coincident detrimental habitat trends nutrient enrichment of streams from issue is discussed in more detail in the and catastrophic events. Commenters salmon carcasses to support essential Consideration of ESA section 4(a)(1) felt that Oregon’s assessment was ecological functions. Factors section below. dismissive of the likelihood that such Another commenter disagreed with Comment 9: Several commenters were scenarios might occur in the future. the productivity threshold for the critical of Oregon’s consideration of Response: Oregon noted in the final average recruits per spawner during ocean conditions. In Oregon’s draft assessment that there is the real periods of low population abundance. assessment report, Oregon assumed that possibility that a number of adverse The commenter noted that the future unfavorable ocean conditions environmental conditions could productivity threshold (expressed as would be no more severe than those converge and create a catastrophic average recruits per spawner) allows for observed in the past. Commenters noted threat to the ESU’s viability. Oregon a 50 percent probability that the the extreme uncertainty associated with argued that such a worst-case scenario population is actually declining when at predicting ocean conditions, projected occurred in the 1990s, when drought, low abundance. The commenter that future ocean conditions may be extreme floods, and the worst marine recommended that a higher level of worse in intensity and longer in survival conditions observed in five certainty was advisable for the duration than that observed in the decades converged. Although the productivity threshold, given that the 1990s, and recommended that Oregon impacts were dramatic, the ESU resilient productivity at low abundance include more severe scenarios of persisted through this period and is a key component of Oregon’s unfavorable ocean conditions in its rebounded quickly once conditions assessment (i.e., Oregon’s low model simulations. moderated. Oregon concluded that the abundance paradigm). Response: The commenters are correct life cycle of coho salmon, its population Response: Oregon’s low abundance that Oregon’s assessment assumed that structure and dynamics, and its broad paradigm effectively emphasizes past ocean conditions serve as a geographic distribution all provide population productivity and de- reasonable approximation of future protection and reduce the likelihood emphasizes the abundance parameter in ocean conditions. This assumption was that catastrophic events or the determining probabilities of population clearly stated in Oregon’s assessment convergence of multiple adverse persistence. As noted above in the report, and represents a reasonable environmental conditions would result response to Comment 7, we have formulation of its model to address the in the Oregon Coast coho ESU not being concerns regarding the validity of question of whether Oregon Coast coho viable in the foreseeable future. Oregon’s low abundance paradigm. We populations are likely to become an Comment 11: Several commenters agree with the commenters that there is endangered species in the foreseeable were critical of the abundance and strong support in the scientific literature future, given current and past variability productivity criteria applied in Oregon’s for abundance being an important in marine survival rates. As the viability assessment. Commenters were determinant of extinction risk (see commenters note, predictions of future critical of the low abundance threshold McElhany et al., 2000). However, we ocean conditions are highly uncertain chosen and of Oregon’s premise that the acknowledge that there is insufficient given uncertainties in decadal cycles in probability of extinction is largely empirical data demonstrating the ocean-climate conditions and global independent of abundance. Commenters specific abundance level at which climate change. Thus any projections of noted that the strong correlation stochastic and depensatory the viability of coho population in the between low abundance and elevated demographic processes dominate and foreseeable future are similarly risk of extinction is well established in the risk of extinction is expected to associated with uncertainty. In our the conservation biology literature. increase dramatically. Given this comments on Oregon’s draft assessment Commenters cited studies that discuss uncertainty, we cannot say that report, we encouraged Oregon to the ‘‘extinction vortex’’ phenomenon in Oregon’s abundance threshold is include model scenarios that which populations may appear to unreasonable. contemplate downturns in ocean persist at severely reduced levels of We agree with the commenter that the conditions of greater severity and longer abundance, but lack the demographic productivity thresholds should require a duration than was observed in the 1990s capacity and the genetic and ecological higher level of certainty that the average (NMFS, 2005b) to better inform diversity to recover. Such populations recruits per spawner at low population
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abundance exceeds replacement. A monitoring programs are in place to industrial forest lands reduce the size of population exactly meeting Oregon’s ensure that harvest and hatchery trees delivered to streams in landslides, viability thresholds would be at a very practices no longer threaten the ESU. and thus may result in diminished low level of abundance, susceptible to Response: Many noteworthy and stream complexity in important coho stochastic and depensatory important regulatory changes have been rearing habitats. demographic processes, and would have made that adequately address Response: A review of Oregon’s final a 50 percent chance that its productivity historically harmful practices. Changes assessment and other available is below replacement. Additionally, the in ocean and freshwater fisheries information suggests that habitat productivity threshold does not take management have resulted in sharp conditions overall are likely to remain into account the statistical uncertainty reductions in fishery mortality in constant in the foreseeable future, given in estimating the number of recruits per Oregon Coast coho populations, and that there are likely to be improvements spawner, so the confidence with which likely have contributed to recent in some aspects of habitat condition, one can conclude that a given population increases. It is unlikely that declines in others, and a continuation of population is above the productivity those harvest controls will change in the current conditions in still others threshold is unspecified. future, given that the Pacific Fishery (NMFS, 2005e). For example, the Comment 12: Several commenters felt Management Council and, ultimately Northwest Forest Plan instituted that Oregon’s consideration of the the Department of Commerce, have riparian habitat buffers and other effects of artificial propagation was influence over harvest. Reforms in measures on Federal lands that insufficient. Commenters felt that hatchery management practices have improved many of the historical forestry Oregon’s viability analysis considered limited the potential for adverse practices that led to the loss and only ecological and predation effects of ecological interactions between degradation of riparian habitats. supplementation with hatchery fish, hatchery-origin and natural fish, and Development and implementation of and failed to consider the negative have markedly reduced risks to the Total Maximum Daily Loads are likely impacts of interbreeding hatchery-origin genetic diversity and reproductive to result in slightly improved water and natural fish on genetic diversity and fitness for the majority of naturally quality. Restoration efforts have treated reproductive fitness. spawned populations in the ESU. It is approximately seven percent of the Response: The potential ecological unlikely those reforms will be reversed stream miles within the range of the and genetic interactions between in the future. ESU over the last 7 years with the intent naturally spawning hatchery-origin and Comment 14: Several commenters felt of restoring stream complexity and natural populations are complex, that Oregon’s assessment did not riparian habitats, and improving water uncertain, and influenced by site- adequately assess the future trends of quality (Oregon, 2005–1) (though it is specific and program-specific factors. coho habitat, particularly riparian areas. unclear how much restoration is likely Accordingly, modeling these Commenters expressed concern to occur in the future, given the interactions is exceedingly difficult. In regarding Oregon’s premise that habitat uncertainties regarding funding). addition to the potential negative conditions will not degrade in the Forest practices on state and private ecological and predation effects of foreseeable future. One commenter was land include some improvements over hatchery supplementation, Oregon’s critical of the Oregon Forest Practices historically harmful practices, such as assessment also acknowledges the Act, and argued that it is inadequate to the establishment of riparian potential negative impacts on the prevent the future degradation of management areas under revisions in reproductive success and genetic riparian habitats, particularly on private the 1990s to Oregon forest practice rules diversity of natural populations. non-industrial forestlands. The (Oregon, 2005–1). However, there are Because of the uncertainty surrounding commenter noted that the Forest also offsetting practices that are these issues, Oregon concluded that it Practices Act applies only to the expected to degrade habitat conditions was not feasible to reliably parameterize commercial harvest of trees, and that and complexity, such as shorter harvest hatchery interactions across the ESU, non-commercial land owners may cut rotations, and road construction and based on simple assumptions regarding riparian trees without restriction if they logging on unstable slopes and along relative reproductive success of do not sell the wood. The commenter debris flow paths (NMFS, 2005e). On naturally spawning hatchery fish and noted that this unregulated practice is balance, habitat conditions on these their ecological and genetic interactions. particularly evident in areas with lands are not likely to show significant Oregon concluded that the best index of increased rural residential development improvement or decline. hatchery impacts is the resulting along streambanks. For agricultural lands, riparian performance of naturally spawned fish. Other commenters doubted whether management is governed by agricultural Accordingly, Oregon’s assessment was regulations, restoration programs, and water quality management plans under based upon counts of only naturally other protective efforts would improve Oregon Senate Bill 1010, as well as by produced recruits. If hatchery fish were habitat conditions in the foreseeable subsequently developed riparian rules responsible for an adverse impact on the future. One commenter noted that there which synthesize elements of individual overall natural population, this effect is an insufficient data record to evaluate Senate Bill 1010 plans for a given basin. would be evident in the estimated the success of protective efforts aimed at These agricultural plans and rules do productivity of the population. We restoring riparian habitats, particularly not specify the vegetation composition believe Oregon’s approach is clearly in increasing the recruitment of large or size of the riparian areas to be articulated and represents a reasonable woody debris. Several other established. The lack of specificity of approach to considering the effects of commenters doubted whether forest these agricultural plans makes the artificial propagation in its analyses. management under the Oregon Plan has enforcement and effectiveness of these resulted, or will result, in an increased plans uncertain (NMFS, 2005e). Comments on Threats Facing the amount of large-diameter trees Oregon’s final assessment concludes Species and Efforts Being Made to (important for the recruitment of large that ‘‘we are likely to see slow Protect them woody debris in coho rearing areas). improvements in riparian vegetation on Comment 13: Several commenters felt The commenters argued that the shorter agricultural lands under current rules that effective regulatory controls and rotations being implemented on private with uncertainty about how much and
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where the changes will occur’’ (Oregon, Oregon acknowledged that ‘‘our ability actions. Moreover, there is an additional 2005–3B). As discussed further below, to detect a significant trend is time lag to determine whether the any modest improvements may be offset minimized by the low statistical power expected biological response may be by habitat declines resulting from urban of our analyzes [sic].’’ The commenter resolved. Given the time frames and rural development (NMFS, 2005e). offered a personal observation that in involved, the commenter expressed On balance, habitat conditions on locations where habitat conservation doubt that a sufficient monitoring and agricultural lands are not likely to show measures have not been implemented, evaluation system with management significant improvement or decline. instream habitat conditions are triggers was in place to ensure that Future urbanization and development continuing to degrade. The commenter necessary management adjustments are within the range of the ESU is projected felt that if continued degradation of the implemented before the status of Oregon at approximately 20 percent population physical habitat is occurring, though not Coast coho is irretrievably growth, representing slightly more than detected statistically by Oregon’s compromised. 30,000 people over the next 40 years analyses, then the assessment’s Response: We agree with the (OOEA, 2004). Most of this development conclusions regarding ESU viability commenter’s concern that Oregon’s is expected to be concentrated in may be uncertain. assessment did not include triggers for lowland areas with high intrinsic Response: As noted in our response specific management actions. In our potential for rearing coho. Current urban above to Comment 4, some issues that March 18, 2005, letter to Oregon or rural growth boundaries encompass were candidly acknowledged in the detailing our comments on its draft approximately nine percent of high technical sections of Oregon’s assessment report we recommended that intrinsic potential riparian habitat areas, assessment were not consistently the final report include specific so future urbanization and development articulated in the reports’ executive management triggers. We were activities could have significant summary and synthesis sections. The disappointed that the final report did implications for some coho populations. result is that some conclusory not contemplate such management The degree of potential impacts on coho statements, when not considered in the triggers. habitat (both positive and negative) is context of the entire report, may be Comment 18: Several commenters highly uncertain and depends largely on misleading. In the final assessment, expressed concern that inadequate the spatial distribution of future Oregon acknowledges that its funding has limited the ability of many urbanization and development conclusions are predicated on the Oregon agencies to monitor non- activities, their proximity to riparian assumption that freshwater habitat and permitted habitat-affecting activities, areas, and the kinds of development environmental conditions in the future effectively enforce regulations, and activities undertaken and land will generally correspond to those ensure proper reporting of permitted management practices used. observed in the past several decades. activities. The commenters felt that Informed by these and other Oregon cautioned that if survival these inadequacies should be considerations, we conclude that associated with marine or freshwater considered evidence of uncertainty that Oregon’s findings regarding the future conditions trend moderately downward some as yet, unproven elements under trends of habitat conditions are into the future, the assessment should the Oregon Plan will be implemented. uncertain, but nonetheless consistent be revisited and adjusted accordingly. Response: The commenters are correct with the best available information Comment 17: One respondent was that the availability of necessary (NMFS, 2005e). concerned that Oregon’s assessment did funding and staffing resources is an Comment 15: One commenter not establish population- and habitat- important consideration in evaluating expressed disappointment that Oregon’s based performance measures that if met how likely it is that a given protective assessment did not conclude with an would automatically trigger a specific effort will be implemented. Our review agency-by-agency description of areas management response. The commenter has noted that funding declines have led for improvement and list of specific felt that without these ‘‘management to the loss of staff at the Oregon action items to address these identified triggers’’ Oregon could not ensure that Department of Environmental Quality, deficiencies. The commenter noted that measures under the Oregon Plan will be Department of Forestry, and ODFW during the planning stages of the Oregon effective in conserving Oregon Coast (NMFS, 2005e). The reduced funding Coast coho assessment, Oregon stated coho populations under any future has slowed the completion of Total that a principal goal of the effort was to conditions. The commenter was Maximum Daily Load water quality identify specific measures needed to concerned that the lack of specified standards, and reduced the ability to improve the performance of agency management triggers in Oregon’s monitor water quality, habitat structure actions, to ensure meeting the Oregon assessment raises questions about and complexity, and fish populations. Plan’s objectives and the recovery needs Oregon’s ability to objectively evaluate ESA Standards for Listing of Oregon Coast coho. and identify areas for improvement and Response: We agree that Oregon’s practice adaptive management. The Determinations assessment of protective efforts under commenter also questioned whether Comment 19: Two commenters the Oregon Plan would be strengthened Oregon’s assessment can justifiably expressed concern regarding the by describing areas for improvement conclude that future changes in appropriate statutory standard that must and a list of specific action items to population status will be detected in a be satisfied if we were to issue a ‘‘not address these identified deficiencies. timely manner, thus affording the warranted’’ final listing determination We view such an analysis as an opportunity of effecting the appropriate for the Oregon Coast coho ESU. One important component of effective management response. The commenter commenter stressed that the appropriate adaptive management. noted that the scientific literature standard for such a determination is Comment 16: One commenter was indicates that it may take five ‘‘recovery.’’ The commenter noted that concerned that Oregon’s assessment generations (or approximately 15 years) the requirements of a recovery plan appeared to equate the failure to detect to detect statistically robust trends under ESA section 4(f)(1) include: (1) A statistically downward trends in habitat among populations within an ESU, and description of such site-specific parameters with the absence of such a that there are time delays in management actions as may be trend. The commenter noted that implementing necessary management necessary to achieve the plan’s goal for
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the conservation and survival of the Final Species Determination spawners from 2001 through 2004, far species; and (2) objective, measurable The Oregon Coast coho ESU includes exceeding the abundance observed for criteria which, when met, would result all naturally spawned populations of the past several decades. These recent in a determination that the species be coho salmon in Oregon coastal streams encouraging increases in spawner removed from the list of threatened and south of the Columbia River and north abundance were preceded by 3 endangered species. The commenter of Cape Blanco (63 FR 42587; August consecutive brood years (1994–1996) stressed that a ‘‘not warranted’’ finding 10, 1998). We find that five hatchery exhibiting recruitment failure for the Oregon Coast coho ESU must be stocks are part of the ESU: the North (recruitment failure is when a given year based on quantitative information that Umpqua River (ODFW stock #18), Cow class of natural spawners fails to replace specific management actions have been Creek (ODFW stock #37), Coos Basin itself when its offspring return to the successful in addressing the factors (ODFW stock #37), and the Coquille spawning grounds 3 years later). These responsible for the ESU’s decline, and River (ODFW stock #44) coho hatchery 3 years of recruitment failure are the on analyses demonstrating that the programs, as well as the progeny of the only such instances that have been improved viability of the ESU is Calapooya Creek coho hatchery program observed in the entire 55-year attributable to these actions and not (which is no longer in operation). abundance time series for Oregon Coast fortuitous ocean conditions supporting On June 14, 2004, we proposed that coho salmon (although comprehensive high marine survival. The commenter population-level survey data have only acknowledged that the Alsea ruling five artificial propagation programs are part of the ESU (69 FR 33102), including been available since 1980). The recent effectively removed Oregon Coast coho increases in natural spawner abundance from the protections of the ESA, but the North Fork Nehalem River (ODFW stock #32) coho hatchery program, have occurred in many populations in asserted that since the ESU was listed the northern portion of the ESU, previously we should adopt a should be considered part of the ESU. Informed by our analysis of the populations that were the most precautionary approach and not depressed at the time of the last review evaluate the ESU’s listing status as if it comments received from ODFW (see Comment 1 and response, above), we (NMFS, 1997a). Although the recent was being reviewed for the first time. dramatic increases in spawner Response: The statutory standards for conclude that the North Fork Nehalem River coho hatchery stock (ODFW stock abundance are encouraging, the long- recovery planning and delisting term trends in ESU productivity are still determinations are not applicable to the #32) is not part of the Oregon Coast coho ESU. Similarly, the Fishhawk Lake negative due to the low abundances ESU. Section 4(f) governs the adoption observed during the 1990s. of recovery plans for listed species. As coho hatchery stock (ODFW stock #99), the commenter noted, and as is also propagated at the North Fork The majority of the BRT felt that the summarized above in the Background Nehalem Hatchery, is not part of the recent increases in coho returns were section, the 2001 Alsea ruling set aside ESU. In the June 14, 2004, proposed rule most likely attributable to favorable the 1998 threatened listing of the we did not consider hatchery coho from ocean conditions and reduced harvest Oregon Coast coho ESU. Listing and the Calapooya Creek (Umpqua River rates. The BRT was uncertain as to delisting decisions under the ESA, such Basin) artificial propagation program whether such favorable marine as this notice, are governed under because it is no longer in operation. conditions would continue into the section 4(b) of the ESA which states that Informed by ODFW’s comments, future. Despite the likely benefits to we shall determine whether a species is however, we now find that the progeny spawner abundance levels gained by the threatened or endangered because of of the Calapooya Creek coho hatchery dramatic reduction of harvest of Oregon any of five factors (section 4(a)(1)(A)- program, propagated between 2001 and Coast coho populations (PFMC, 1998), (E)), solely on the basis of the best 2003, are part of the Oregon Coast coho harvest cannot be significantly further scientific and commercial data available ESU (see Comment 1 and response, reduced so as to compensate for after reviewing the status of the species above). declining productivity due to other factors. The BRT was concerned that if and taking into account those efforts, if Assessment of the Species’ Status any, being made to protect the species the long-term decline in productivity (section 4(b)(1(A)). As noted in the ‘‘Statutory Framework reflects deteriorating conditions in The statutory language and legislative for Making ESA Listing Determinations’’ freshwater habitat, this ESU could face history do not prescribe a section, above, the steps we follow in very serious risks of local extirpations if ‘‘precautionary’’ approach as making a listing determination are to: ocean conditions reverted back to poor recommended by the commenter, other review the status of the species, analyze productivity conditions. Approximately than to define what qualifies as a the factors listed in section 4(a)(1) of the 30 percent of the ESU has suffered threatened or endangered species. A ESA to identify threats facing the habitat fragmentation by culverts and species is threatened or endangered species, assess whether certain thermal barriers, generating concerns because of five factors specified in ESA protective efforts mitigate these threats, about ESU spatial structure. Section 4(a)(1). ‘‘Endangered’’ is defined and make our best prediction about the Additionally, the lack of response to as ‘‘in danger of extinction throughout species’ future viability. Below we favorable ocean conditions for some all or a significant portion of its range,’’ summarize the information we populations in smaller streams and the and ‘‘threatened’’ is defined as ‘‘likely to evaluated in reviewing the status of the different patterns between north and become an endangered species within Oregon Coast coho ESU. south coast populations may indicate the foreseeable future throughout all or compromised connectivity among Biological Review Team Findings a significant portion of its range.’’ We populations. The degradation of many interpret the term ‘‘likely’’ to mean that The data that became available since lake habitats and the resultant impacts the best available information must the previous status review on Oregon on several lake populations in the indicate that a species is more likely Coast coho was conducted (NMFS, Oregon Coast coho ESU also pose risks than not to become an endangered 1997a) represent some of the best and to ESU diversity. The BRT noted that species within the foreseeable future worst years on record. Yearly adult hatchery closures, reductions in the throughout all or a significant portion of returns for the Oregon Coast coho ESU number of hatchery smolt releases, and its range. have been in excess of 160,000 natural improved marking rates of hatchery fish
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have significantly reduced risks to Oregon’s viability assessment. The most Coast ocean conditions, described diversity associated with artificial substantive of these concerns are observations of impacts on marine propagation. whether Oregon’s low abundance communities, and offered predictions of The BRT found high risk to the ESU’s paradigm is valid, whether there is and the implications of recent ocean productivity, and comparatively lower will continue to be freshwater habitat of conditions on West Coast salmon stocks, risk to the ESU’s abundance, spatial sufficient quality and quantity to including the Oregon Coast coho ESU structure, and diversity. Informed by support viable coho populations (NMFS, 2005c). The memorandum this risk assessment, a slight majority of through future environmental cycles, described recent observations of the BRT concluded that the naturally and the uncertainty associated with anomalous ocean conditions that may spawned component of the Oregon projections of future ocean-climate portend lower returns of coho salmon Coast coho ESU is ‘‘likely to become conditions for coho populations. These for the fall of 2005 and the next several endangered within the foreseeable concerns do not invalidate Oregon’s years. The memorandum noted that future.’’ However, a substantial minority conclusion that the ESU is viable; indices of ocean-climate variation are of the BRT concluded that the ESU is rather, they underscore that there is suggestive of a regime shift in ocean- ‘‘not in danger of extinction or likely to considerable uncertainty associated climate conditions that in the past have become endangered within the with any extinction risk assessment for been associated with warmer water foreseeable future.’’ The minority felt Oregon Coast coho. temperature, poor primary productivity, that the large number of spawners in and generally less favorable conditions Preliminary Results of Oregon Coast 2001–2002 and the high projected for coho marine survival. Recent in situ Coho Recovery Planning abundance for 2003 demonstrate that observations confirm delayed coastal this ESU is not ‘‘in danger of extinction’’ NMFS’ TRT for the Oregon and upwelling, anomalously warm sea or ‘‘likely to become endangered within Northern California Coast is charged surface temperatures, altered the foreseeable future.’’ Furthermore, with describing the historical zooplankton community structure, and the minority felt that recent strong population structure, developing low survey abundances of juvenile returns following 3 years of recruitment biological recovery criteria with which salmon, possibly indicating low marine failure demonstrate that populations in to evaluate the status of an ESU relative survival. Strong upwelling occurred in this ESU exhibit considerable resilience. to recovery, and identifying those mid-July 2005 resulting in cooler sea factors limiting or impeding recovery. Consideration of Artificial Propagation surface temperatures, increased primary The TRT recently provided a productivity, and generally more Our review of hatchery programs that preliminary report on its progress in favorable conditions for salmon are part of the ESU concluded that they developing these products for the survival. It is unclear whether this collectively do not substantially reduce Oregon Coast coho ESU (NMFS, 2005f). delayed onset of coastal upwelling can the extinction risk of the ESU in-total The TRT’s preliminary report compensate for earlier unfavorable (NMFS, 2005g, 2004b, 2004c; see underscores the uncertainty associated conditions which occurred during proposed rule for a more detailed with assessing the future status of the critical life-history stages for coho explanation of this assessment, 69 FR ESU. The TRT stated that ‘‘at this time salmon. The memorandum noted that 33102, June 14, 2004). Our final our evaluation indicates, with a model projections indicate that fish determination that the North Fork moderate degree of uncertainty, that the populations that prey on juvenile coho Nehalem coho hatchery program is not ESU is persistent’’ (the TRT defines a salmon may be reduced, possibly part of the ESU does not substantially ‘‘persistent’’ ESU as one that is able to compensating somewhat for unfavorable alter our previous conclusion that persist (i.e., not go extinct) over a 100- marine survival conditions for coho artificial propagation does not year period without artificial support,’’ returns in 2006. The memorandum contribute appreciably to the viability of relating the term to ‘‘the simple risk of concluded that the NWFSC is relatively the ESU. Additionally, our inclusion of extinction, which is the primary confident that the negative biological the progeny of a small research hatchery determination of endangered status implications of recent ocean conditions program that is no longer in operation under the ESA’’). The TRT further stated for the Oregon Coast coho ESU may be (i.e., the Calapooya Creek coho hatchery that ‘‘our evaluation of biological dramatic over the next few years. program) does not substantially affect viability based on current and recent Although the memorandum predicts the extinction risk of the ESU in-total. past conditions shows a high degree of conditions in the near term to be uncertainty with respect to the negative, it does not offer any Oregon’s Viability Assessment statement that the ESU is sustainable’’ projections regarding ocean conditions Oregon’s viability assessment (the TRT defines a ‘‘sustainable’’ ESU as or implications on Oregon Coast coho in concluded that the Oregon Coast coho ‘‘one that, in addition to being the foreseeable future. ESU is viable under current habitat persistent, is able to maintain its genetic conditions and management practices. legacy and long-term adaptive potential Conclusion Regarding the Status of the Oregon Coast Coho ESU Oregon also concluded that coho for the foreseeable future ... so that risk populations exhibit strong productivity of extinction will not increase in the In our June 14, 2004, proposed compensation when populations are at future,’’ relating the term to ‘‘threatened threatened determination for the Oregon low abundance levels, conferring status under the ESA’’). The TRT’s Coast coho ESU (69 FR 33102), we resilience to future downturns in ocean preliminary advice, subject to change based our finding on the BRT’s slight conditions for marine survival and/or upon further testing and review, is not majority’s conclusion that the ESU is catastrophic events. Oregon’s viability inconsistent with Oregon’s viability ‘‘likely to become endangered in the assessment is conceptually consistent assessment. foreseeable future.’’ We noted that the with the opinion of a substantial recruitment failure observed during the minority of the BRT. Biological Implications of Recent 1994–1996 brood years (returning in As discussed in the above summary of Ocean-Climate Conditions 1997–1999, respectively) was followed the issues raised by public comments, In an August 12, 2005, memorandum by near record recruitment for the 1997– many commenters are concerned about NMFS’ NWFSC summarized the most 1999 brood years (returning in 2000– several of the assumptions underlying recent information available on West 2002, respectively). We noted that the
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recent returns are extremely threatened destruction, modification, or present destruction, modification, or encouraging but that these increases curtailment of its habitat or range; (2) curtailment of its habitat or range) and need to be sustained through additional overutilization for commercial, whether habitat conditions are likely to brood years to resolve remaining recreational, scientific, or educational worsen in the future (that is, whether concerns regarding the ESU’s viability, purposes; (3) disease or predation; (4) the species is endangered or threatened due to uncertainties in future ocean and inadequacy of existing regulatory because of threatened destruction, freshwater habitat conditions. We stated mechanisms; or (5) other natural or modification, or curtailment of its that additional data demonstrating that human-made factors affecting its habitat or range). Regarding the first the freshwater habitat can support high continued existence. We have issue, Oregon concluded in its final abundances of natural spawners and previously detailed the impacts of assessment that the current condition of sustain recent abundance levels would various factors contributing to the coho habitats is sufficient to support help resolve these uncertainties decline of Pacific salmonids as part of viable populations and a viable ESU, as regarding the ESU’s resilience under our prior listing determinations for 27 evidenced by the ability of populations less favorable ocean conditions. ESUs, as well as in supporting technical that were depressed during unfavorable In contrast, Oregon’s assessment reports (e.g., NMFS, 1997a, ‘‘Coastal environmental conditions during the concluded that current freshwater coho habitat factors for decline and 1990s to rebound once conditions conditions are adequate to support the protective efforts in Oregon;’’ NMFS, moderated. This conclusion is different ESU’s persistence, and that the ESU is 1997b, ‘‘Factors Contributing to the from the conclusion of the slight resilient to a prolonged period of poor Decline of Chinook Salmon—An majority of the BRT, which relied on the ocean conditions. There is considerable Addendum to the 1996 West Coast uncertainty about the adequacy of uncertainty regarding the adequacy of Steelhead Factors for Decline Report;’’ current conditions in support of its current habitat conditions, but we find NMFS, 1996, ‘‘Factors for Decline—A finding that the ESU was likely to Oregon’s conclusion reasonable, in light Supplement to the Notice of become an endangered species within of available information and Oregon’s Determination for West Coast Steelhead the foreseeable future. We have analysis of that information and in light Under the Endangered Species Act’’). considered both the majority and of the fact that the BRT considered this Our prior listing determinations and minority BRT opinions, the information question unresolved. Oregon’s analysis technical reports concluded that all of and analysis in Oregon’s final indicating that the ESU is resilient to the factors identified in section 4(a)(1) assessment, and the comments of NMFS prolonged poor ocean conditions does of the ESA have played a role in the scientists and staff (NMFS, 2005e), the not resolve the uncertainties about decline of West Coast salmon and public, and peer reviewers on Oregon’s future ocean conditions, but it does steelhead. In our 1998 threatened listing draft and final assessments. Based on diminish the concern created by that determination for the Oregon Coast coho this consideration, we conclude that the uncertainty. ESU (63 FR 42588; August 10, 1998), we ESU is not likely to become an Based on the historical record and concluded that the decline of Oregon endangered species in the foreseeable recent observations, we expect ocean Coast coho populations is the result of future because of present destruction, and freshwater habitat conditions to several longstanding, human-induced modification or curtailment of its exhibit variability into the future, and factors (e.g., habitat degradation, water habitat or range (see response to the abundance and productivity of coho diversions, harvest, and artificial Comment 8). populations to fluctuate in response to propagation) that exacerbate the adverse effects of natural environmental Regarding the second issue, the threat this variability. The available of future habitat declines, we describe information, however, does not indicate variability (e.g., floods, drought, and poor ocean conditions). The following in the response to Comment 14 and in that unfavorable ocean and freshwater NMFS (2005e) that Oregon’s analysis conditions are expected to predominate discussion briefly summarizes our findings regarding the threats currently and other available information in the foreseeable future, or that the demonstrate that there are some habitat average abundance and productivity facing the Oregon Coast coho ESU. While these threats are treated in elements that are likely to improve, trends for coho populations over the some that are likely to decline, and foreseeable future is expected to be general terms, it is important to underscore that impacts from certain others that are likely to remain in their downward. The August 2005 current condition, and that there is a memorandum regarding the biological threats are more acute for some populations in the ESU. high level of uncertainty associated with implications of recent anomalous ocean projections of future habitat conditions. conditions concludes that we can expect A. The Present or Threatened Based on these considerations, we find reductions (of an unspecified Destruction, Modification, or reasonable Oregon’s conclusion that magnitude) in Oregon Coast coho Curtailment of its Habitat or Range habitat conditions overall are not likely populations returns for the next few In many Oregon coastal streams, past to worsen. This conclusion is different years, but does not prognosticate on human activities (e.g., logging, from the conclusion of the slight ocean-climate conditions or population agriculture, gravel mining, urbanization) majority of the BRT, which relied in returns into the foreseeable future have resulted in impediments to fish part on the uncertainty about the future (NMFS, 2005c). passage, degradation of stream habitat conditions to support a Final Listing Determination complexity, increased sedimentation, conclusion that the ESU is likely to reduced water quality and quantity, loss become an endangered species. We have Consideration of ESA Section 4(a)(1) and degradation of riparian habitats, considered: (1) The BRT’s majority and Factors and loss and degradation of lowland, minority opinions; (2) the information Section 4(a)(1) of the ESA and NMFS’ estuarine, and wetland coho rearing and analysis in Oregon’s final implementing regulations (50 CFR part habitats. The relevant issues are assessment; and (3) the comments of 424) states that we must determine if a whether current habitat conditions are NMFS scientists and staff, the public, species is endangered or threatened adequate to support the ESU’s and peer reviewers on Oregon’s draft because of any one or a combination of persistence (that is, whether the species and final assessments. Based on this the following factors: (1) The present or is endangered or threatened because of consideration, we conclude that the
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ESU is not likely to become an Although predation is a local concern affect salmon habitat, some more endangered species in the foreseeable for some populations, we conclude that amenable to regulation than others. In future because of threatened the ESU is not in danger of extinction the range of Oregon coast coho, the destruction, modification or curtailment or likely to become endangered because regulation of some activities and land of its habitat or range information. of predation. uses will alter past harmful practices, Infectious disease is one of many resulting in habitat improvements; the B. Overutilization for Commercial, factors that can influence adult and regulation of other activities is Recreational, Scientific or Educational juvenile salmon survival. Salmonids are inadequate to alter past harmful Purposes exposed to numerous bacterial, practices, resulting in habitat conditions Harvest rates on Oregon Coast coho protozoan, viral, and parasitic continuing in their present state; and populations ranged between 60 and 90 organisms in spawning and rearing the regulation of still other activities percent between the 1960s and 1980s areas, hatcheries, migratory routes, and and land uses will lead to further (Good et al., 2005). Modest harvest the marine environment. Specific degradation. Overall, we conclude that restrictions were achieved in the late diseases such as bacterial kidney Oregon coast coho ESU is not in danger 1980s, but harvest rates remained high disease, ceratomyxosis, columnaris, of extinction, or likely to become until most directed coho salmon harvest furunculosis, infectious hematopoietic endangered in the foreseeable future, was prohibited in 1994. These necrosis virus, redmouth and black spot because of the inadequacy of existing restrictive harvest regulations developed disease, erythrocytic inclusion body regulatory mechanisms. concurrently with the Oregon Plan and syndrome, and whirling disease, among subsequently revised through the Pacific others, are present and are known to E. Other Natural or Manmade Factors Fisheries Management Council (PFMC) affect West Coast salmonids (Rucker et Affecting Its Continued Existence have imposed conservative restrictions al., 1953; Wood, 1979; Leek, 1987; Foott Natural variability in ocean and on direct and indirect fishery mortality, et al., 1994; Gould and Wedemeyer, freshwater conditions have at different and appropriately consider marine undated). In general, very little current times exacerbated or mitigated the survival conditions and the biological or historical information exists to effects on Oregon Coast coho status of naturally produced coho quantify trends over time in infection populations of habitat limiting factors. populations. Under these revised levels and disease mortality rates. As discussed in the ‘‘Assessment of ESU regulations, harvest rates are stipulated However, studies have shown that Viability’’ section above, there is to be between zero and eight percent naturally spawned fish tend to be less considerable uncertainty in predicting during critically low spawner susceptible to pathogens than hatchery- ocean-climate conditions into the abundance, and may increase to a reared fish (Buchanon et al., 1983; foreseeable future and their biological maximum exploitation rate of 45 Sanders et al., 1992). Native salmon impacts on the Oregon Coast coho ESU. percent under high survival and populations have co-evolved with It is likely that recent anomalous ocean abundance conditions (Oregon, 2005–1). specific communities of these conditions will result in decreased Empirical data over the last 10 years organisms, but the widespread use of returns for Oregon coast coho show that harvest mortality for Oregon artificial propagation has introduced populations for the next few years Coast coho has been maintained below exotic organisms not historically present (NMFS, 2005c). However, variability in 15 percent since the adoption of the in a particular watershed. Habitat ocean-climate conditions is expected, revised regulations (Oregon, 2005–1). conditions such as low water flows and and coho populations are similarly We agree with the BRT’s finding that high temperatures can exacerbate expected to fluctuate in response to this overutilization has been effectively susceptibility to infectious diseases. natural environmental variability. It is addressed for Oregon Coast coho Aggressive hatchery reforms already uncertain whether unfavorable ocean populations. We conclude that the ESU implemented by Oregon efforts have conditions will predominate in the is not in danger of extinction or likely reduced the magnitude and distribution foreseeable future. Moreover, Oregon’s to become endangered in the foreseeable of hatchery fish releases in the ESU, and final assessment tested the sensitivity of future because of overutilization. consequently the interactions between the ESU to a prolonged period of poor hatchery- and natural-origin fish and the ocean conditions and found it was C. Disease or Predation potential transmission of infectious resilient. The slight majority of the BRT Past species introductions and habitat diseases. Additionally, regulations relied on uncertainty about future ocean modifications have resulted in increased controlling hatchery effluent discharges conditions in concluding that the ESU non-native predator populations, into streams have reduced the potential was likely to become endangered in the notably in coastal lake habitats. of pathogens being released into coho foreseeable future. We have considered Oregon’s final assessment identified habitats. It is unlikely that the Oregon both the BRT’s majority and minority exotic fish species as the primary Coast coho ESU is in danger of opinions; the comments of NMFS staff limiting factor for three lake coho extinction or likely to become and scientists, peer reviewers, and the populations, although it was not endangered because of disease. public on Oregon’s final assessment; identified as a factor limiting other coho and the sensitivity analysis conducted populations or the ESU as a whole. D. The Inadequacy of Existing by Oregon. We conclude the ESU is not Predation by increased populations of Regulatory Mechanisms in danger of extinction or likely to marine mammals (principally sea lions) Existing regulations governing coho become endangered in the foreseeable may influence salmon abundance in harvest have dramatically improved the future because of future poor ocean some local populations when other prey ESU’s likelihood of persistence. These conditions. species are absent and where physical regulations are unlikely to change in the Prior to the 1990s, coho hatchery conditions lead to the concentration of future, particularly because of the programs along the Oregon coast posed adults and juveniles (e.g., Cooper and involvement of the PFMC and NMFS. substantial risks to the survival, Johnson, 1992). However, the extent to Regulations governing land use are more reproductive fitness, and diversity of which marine mammal predation problematic, as discussed in our natural populations. High numbers of threatens the persistence of Oregon response to comments, above. A wide hatchery coho were released in most of coast coho populations is unknown. range of land uses and other activities the basins in the ESU, most programs
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propagated non-native broodstocks, and protective efforts. We noted in our become an endangered species within naturally spawning hatchery-origin assessment of protective efforts that the foreseeable future throughout all or strays were common in most natural Oregon was in the process of conducting a significant portion of its range. While production areas. Oregon’s aggressive a comprehensive assessment of the acknowledging the uncertainties noted hatchery reform efforts have resulted in viability of the Oregon Coast coho ESU above, particularly regarding the substantial reductions of this threat. and of the contributions of the Oregon adequacy of current habitat conditions Hatchery coho are released in less than Plan in conserving the ESU. to support ESU viability, we conclude half of the populations in the ESU, and Based on the available information we from our review of information the magnitude of releases has declined cannot conclude that habitat conditions regarding factors affecting the species from a peak of 35 million smolts in for this ESU will improve in the future that the Oregon Coast coho ESU is not 1981, to approximately 800,000 in 2005 (see the discussion under Comment 14 likely to become endangered in the (Oregon, 2005–1). Hatchery programs above). At the same time, available foreseeable future as a consequence of: are currently constrained to releasing no evidence suggests it is unlikely that the loss or degradation of its habitat or more than 200,000 smolts in any basin. habitat conditions for the ESU are likely curtailment of its range; overutilization; The reduction in the number of to degrade in the foreseeable future, so disease or predation; inadequacy of hatchery fish released has reduced the as to pose a risk to the survival of the existing regulatory mechanisms; or potential for competition with, and Oregon Coast coho ESU. Harvest other natural or human-made factors. predation on, natural coho. The reductions and improvements in Accordingly, we determine that the proportion of hatchery-origin fish on the hatchery management have been fully Oregon Coast coho ESU does not spawning ground has been reduced to implemented and their effectiveness is warrant listing under the ESA at this below 10 percent in all but two manifested in the improved status of time and therefore withdraw the populations in the ESU (Oregon, 2005– Oregon Coast coho populations. The proposed listing. 1). All hatchery coho releases in the benefits of these noteworthy ESU are now marked, affording accomplishments under the Oregon Classification improved monitoring and assessment of Plan were fully considered in the BRT’s National Environmental Policy Act naturally produced coho populations. assessment of ESU extinction risk. (NEPA) Broodstock management practices have Conclusion been modified to minimize the potential ESA listing decisions are exempt from for hatchery-origin fish to pose risks to In making our final listing the requirements to prepare an the genetic diversity of local natural determination for the Oregon Coast coho environmental assessment or populations. We conclude the ESU is ESU we are making several predictions environmental impact statement under not in danger of extinction or likely to about the future. We must predict the the NEPA. See NOAA Administrative become endangered in the foreseeable future persistence of the ESU assuming Order 216 6.03(e)(1) and Pacific Legal future because of hatchery practices. that current threats to the species, as Foundation v. Andrus, 675 F. 2d 825 stated in Section 4(a)(1) of the ESA, (6th Cir. 1981). Thus, we have Efforts Being Made to Protect the continue into the future, and next determined that the final listing Species consider whether that assumption is determination for the Oregon Coast coho Section 4(b)(1)(A) of the ESA requires correct—that is, whether current natural ESU described in this notice is exempt the Secretary to make listing and human-caused threats to the species from the requirements of the NEPA of determinations solely on the basis of the are likely to continue, grow worse, or 1969. best scientific and commercial data improve in the future. We then must Executive Order (E.O.) 12866, available after taking into account predict how either the continuation or Regulatory Flexibility Act, and efforts being made to protect a species. change of current threats will affect the Paperwork Reduction Act In making listing determinations we ESU’s persistence. In our response to first assess the species’ level of comments above, and in our As noted in the Conference Report on extinction risk, identify factors that consideration of whether Oregon Coast the 1982 amendments to the ESA, threaten its continued existence, and coho warrant listing, we address where economic impacts cannot be considered assess existing efforts being made to the uncertainties lie, both in our when assessing the status of a species. protect the species to determine if those assessment of the ESU’s persistence Therefore, the economic analysis measures ameliorate the risks it faces. In under current threats and in our requirements of the Regulatory our June, 14, 2004, proposed listing for projection of likely future threats to the Flexibility Act are not applicable to the the Oregon Coast coho ESU (69 FR species, and how we have treated the final listing determination described in 33102), we evaluated relevant protective uncertainties. this notice. In addition, this rule is efforts and determined that they did not The best available information on the exempt from review under E.O. 12866. substantially alter our finding that the biological status of Oregon Coast coho This final rule does not contain a ESU is likely to become an endangered indicates that the ESU is not in danger collection-of-information requirement species within the foreseeable future of extinction throughout all or a for the purposes of the Paperwork throughout all or a significant portion of significant portion of its range (i.e., the Reduction Act. its range. The reader is referred to the ESU does not satisfy the definition of an June 14, 2004, proposed rule for a endangered species under the ESA). A E.O. 13084—Consultation and summary of efforts other than those species is considered ‘‘threatened’’ if it Coordination with Indian Tribal under the Oregon Plan being made to is ‘‘likely to become an endangered Governments protect Oregon Coast coho populations species within the foreseeable future E.O. 13084 requires that if NMFS (69 FR 33102, at 33142). We included throughout all or a significant portion of issues a regulation that significantly or the best information that was available its range.’’ As noted in the response to uniquely affects the communities of at the time of the proposal concerning Comment 19, above, we interpret the Indian tribal governments and imposes the certainty of implementation and term ‘‘likely’’ to mean that the best substantial direct compliance costs on effectiveness of measures under the available information must indicate that those communities, NMFS must consult Oregon Plan, among several other a species is more likely than not to with those governments or the Federal
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government must provide the funds E.O. 13132—Federalism determination, we are also withdrawing necessary to pay the direct compliance E.O. 13132 requires agencies to take the proposed critical habitat costs incurred by the tribal into account any federalism impacts of designation. governments. The final listing regulations under development. It References determination described in this notice includes specific consultation directives do not impose substantial direct for situations where a regulation will A list of the referenced materials is compliance costs on the communities of preempt state law, or impose substantial available on the Internet at http:// Indian tribal governments. Accordingly, direct compliance costs on state and www.nwr.noaa.gov, or upon request (see the requirements of section 3(b) of E.O. local governments (unless required by ADDRESSES section above). 13084 do not apply to this statute). Neither of those circumstances Authority: 16 U.S.C. 1531 et seq. determination. Nonetheless, we will is applicable to this determination. Dated: January 11, 2006. continue to inform potentially affected Withdrawal of Proposed Critical James W. Balsiger, tribal governments, solicit their input, Habitat Acting Deputy Assistant Administrator for and coordinate on future management On December 14, 2004, we proposed Regulatory Programs, National Marine actions. critical habitat for the Oregon Coast Fisheries Service. coho ESU (69 FR 74572). Because we [FR Doc. 06–502 Filed 1–18–06; 8:45 am] are withdrawing the proposed listing BILLING CODE 3510–22–S
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Notices Federal Register Vol. 71, No. 12
Thursday, January 19, 2006
This section of the FEDERAL REGISTER the public interest to so license these FAX: (763) 241–6033, e-mail: contains documents other than rules or inventions as Peaks and Prairies, L.L.C. [email protected]. proposed rules that are applicable to the of Malta, Montana has submitted a public. Notices of hearings and investigations, SUPPLEMENTARY INFORMATION: Great complete and sufficient application for River Energy (GRE) is proposing to committee meetings, agency decisions and a license. The prospective exclusive rulings, delegations of authority, filing of construct a simple-cycle combustion petitions and applications and agency license will be royalty-bearing and will turbine generation plant in Cambridge statements of organization and functions are comply with the terms and conditions Township in Isanti County, Minnesota. examples of documents appearing in this of 35 U.S.C. 209 and 37 CFR 404.7. The Total electrical output is expected to section. prospective exclusive license may be range from 170 MW to 190 MW granted unless, within ninety (90) days depending on operating conditions. An from the date of this published Notice, alternative site for the plant is also being DEPARTMENT OF AGRICULTURE the Agricultural Research Service proposed for the project. The alternative receives written evidence and argument site location is at GRE’s Elk River Agricultural Research Service which establishes that the grant of the headquarters in Sherburne County, license would not be consistent with the Notice of Federal Invention Available Minnesota. The Elk River site presently requirements of 35 U.S.C. 209 and 37 for Licensing and Intent to Grant has a 40 MW facility fueled with refuse CFR 404.7. Exclusive License derived fuel and it would remain if the Richard J. Brenner, proposed plant were to be constructed AGENCY: Agricultural Research Service, at this alternative site. No additional Assistant Administrator. USDA. land would be purchased if the plant [FR Doc. E6–510 Filed 1–18–06; 8:45 am] ACTION: Notice of availability and intent. were to be constructed at this location. BILLING CODE 3410–03–P Due to constraints on natural gas SUMMARY: Notice is hereby given that availability, a combustion turbine at the U.S. Patent No. 6,018,063, Elk River site would be equipped to fire DEPARTMENT OF AGRICULTURE ‘‘Biodegradable Oleic Estolide Ester fuel oil as a backup fuel. The generator Base Stocks and Lubricants’’, issued on Rural Utilities Service would be connected to the Elk River January 25, 2000, is available for Substation. Construction of the project licensing and that the U.S. Department Great River Energy, Notice of Finding at the proposed Cambridge site would of Agriculture, Agricultural Research of No Significant Impact necessitate upgrading approximately 47 Service, intends to grant to Peaks and miles of existing 69-kilovolt (kV) Prairies, L.L.C. of Malta, Montana, an AGENCY: Rural Utilities Service, USDA. transmission lines. Construction at the exclusive license to this invention. alternative Elk River site would ACTION: Notice of finding of no Notice is hereby given that the U.S. necessitate upgrading approximately 27 significant impact. Department of Agriculture, Agricultural miles of existing 69-kV transmission Research Service, intends to grant to lines to allow the electricity from the SUMMARY: Notice is hereby given that Peaks and Prairies, L.L.C. of Malta, new generator to be reliably delivered the Rural Utilities Service (RUS) has Montana, an exclusive license to U.S. from the site. A fuel oil-fired made a finding of no significant impact Patent No. 6,316,649, ‘‘Biodegradable combustion turbine rated at (FONSI) in connection with potential Oleic Estolide Ester Having Saturated approximately 20 MW exists at the impacts related to the construction and Fatty Acid End Group Useful as proposed Cambridge site and will Lubricant Base Stock’’, issued on operation of a natural gas-fired simple remain in operation at the site after November 13, 2001. Notice of cycle, combustion turbine power construction of the proposed Availability of this invention for generation facility in Cambridge combustion turbine. Additional land licensing was published in the Federal Township in Isanti County, Minnesota. would be acquired to facilitate the Register on March 13, 2001. The electrical output from the facility is proposed construction activities. The expected to range from 170 megawatts DATES: Comments must be received proposal at the Cambridge site would (MW) to 190 MW depending upon within ninety (90) calendar days of the include upgrades to the existing operating conditions. RUS may provide date of publication of this Notice in the substation at the Cambridge plant site. financial assistance for this project. Federal Register. A 10-inch high pressure gas lateral ADDRESSES: Send comments to: USDA, FOR FUTHER INFORMATION CONTACT: Nurul pipeline approximately one-half mile ARS, Office of Technology Transfer, Islam, Environmental Protection long would be constructed to provide a 5601 Sunnyside Avenue, Room 4–1174, Specialist, Engineering and natural gas fuel supply for the proposal. Beltsville, Maryland 20705–5131. Environmental Staff, Rural GRE prepared an environmental FOR FURTHER INFORMATION CONTACT: June Development, Utilities Programs, Stop analysis for RUS that describes the Blalock of the Office of Technology 1571, 1400 Independence Avenue, SW., proposal and assesses the proposal’s Transfer at the Beltsville address given Washington, DC 20250–1571, telephone: environmental impacts. RUS has above; telephone: 301–504–5989. (202) 720–1414, FAX: (202) 720–0820; conducted an independent evaluation of SUPPLEMENTARY INFORMATION: The or e-mail: [email protected].; the environmental analysis and believes Federal Government’s patent rights to or Mark Strohfus, Environmental Project that it accurately assesses the impacts of these inventions are assigned to the Leader, GRE, 17845 East Highway 10, the proposal. This environmental United States of America, as represented P.O. Box 800, Elk River, Minnesota analysis will serve as RUS’ by the Secretary of Agriculture. It is in 55330–0800, telephone (763) 241–2491, environmental assessment (EA) of the
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project. The EA was distributed for Dated: January 11, 2006. module was last conducted in the SIPP public and agency review. Comments James R. Newby, 2001 Panel Wave 8 instrument. Wave 8 were received from two entities: the Assistant Administrator, Electric Program, interviews will be conducted from June Minnesota Department of Rural Utilities Service. 2006 through September 2006. Transportation (MNDOT) and the U.S. [FR Doc. E6–509 Filed 1–18–06; 8:45 am] Data provided by the SIPP are being Environmental Protection Agency (EPA) BILLING CODE 3410–15–P used by economic policymakers, the Region 5. The MNDOT commented that Congress, State and local governments, the project would not impact the local and Federal agencies that administer trunk highway system. The EPA DEPARTMENT OF COMMERCE social welfare or transfer payment commented that: (1) The natural gas programs, such as the Department of pipeline to be installed, owned and Submission for OMB Review; Health and Human Services and the operated by a third party was not Comment Request Department of Agriculture. The SIPP represents a source of information for a adequately addressed in the EA, and (2) DOC has submitted to the Office of there should be stronger protective wide variety of topics and allows Management and Budget (OMB) for information for separate topics to be measures, including the consideration clearance the following proposal for integrated to form a single and unified of third party oversight/inspection, collection of information under the database so that the interaction between where the proposal’s transmission lines provisions of the Paperwork Reduction tax, transfer, and other government and involve environmentally sensitive areas Act (44 U.S.C. chapter 35). private policies can be examined. Agency: U.S. Census Bureau. identified by the Minnesota Department Government domestic policy Title: 2004 Panel of the Survey of of Natural Resources (MNDNR). formulators depend heavily upon the Income and Program Participation, Construction of the natural gas pipeline SIPP information concerning the Wave 8 Topical Module. must follow the Federal Energy distribution of income received directly Regulatory Commission (FERC) National Form Number(s): SIPP/CAPI Automated Instrument; SIPP 24805(L) as money or indirectly as in-kind Environmental Policy Act requirements. benefits and the effect of tax and RUS believes that adequate protective Director’s Letter; SIPP 24003 Reminder Card. transfer programs on this distribution. measures for the construction of the Agency Approval Number: 0607– They also need improved and expanded pipeline will be implemented through 0905. data on the income and general the FERC requirements. GRE has agreed Type of Request: Revision of a economic and financial situation of the to follow the recommendations of the currently approved collection. U.S. population. The SIPP has provided MNDNR; therefore, RUS believes that Burden: 148,028 hours. these kinds of data on a continuing basis adequate protective measures will be Number of Respondents: 97,650. since 1983, permitting levels of implemented in the environmentally Avg Hours per Response: 30 Minutes. economic well-being and changes in sensitive areas. Since the MNDNR Needs and Uses: The U.S. Census these levels to be measured over time. recommendations are being followed Bureau requests authorization from the Monetary incentives to encourage non- and the MNDNR did not suggest that Office of Management and Budget respondents to participate is planned for third party oversight was necessary, (OMB) to conduct the Wave 8 topical all waves of the 2004 SIPP Panel. RUS believes that third party oversight module interview for the 2004 Panel of Affected Public: Individuals or is not warranted. the Survey of Income and Program households. Participation (SIPP). We also request Frequency: Every 4 months. GRE published notices of the approval for a few replacement Respondent’s Obligation: Voluntary. availability of the EA and solicited questions in the reinterview instrument. Legal Authority: Title 13 U.S.C., public comments per 7 CFR 1794.42. The core SIPP and reinterview Section 182. The 30-day comment period on the EA instruments were cleared under OMB Desk Officer: Susan Schechter, for the proposal ended January 6, 2006. Authorization No. 0607–0905. (202) 395–5103. Based on the EA, RUS has concluded The SIPP is designed as a continuing Copies of the above information that the proposal will not have a series of national panels of interviewed collection proposal can be obtained by significant effect to various resources, households that are introduced every calling or writing Diana Hynek, including important farmland, few years, with each panel having Departmental Paperwork Clearance floodplains, wetlands, cultural durations of 3 to 5 years. The 2004 Officer, (202) 482–0266, Department of resources, threatened and endangered Panel is scheduled for five years and Commerce, room 6625, 14th and species and their critical habitat, air, will include fifteen waves of Constitution Avenue, NW., Washington, water quality and noise. RUS has also interviewing. All household members DC 20230 (or via the Internet at determined that there would be no 15 years old or over are interviewed a [email protected]). negative impacts of the proposal on total of fifteen times (fifteen waves), at Written comments and minority communities and low-income 4-month intervals, making the SIPP a recommendations for the proposed longitudinal survey. communities as a result of the information collection should be sent The survey is molded around a proposal’s construction. within 30 days of publication of this central ‘‘core’’ of labor force and income notice to Susan Schechter, OMB Desk Any final action by RUS related to the questions that remain fixed throughout Officer either by fax (202–395–7245) or proposal will be subject to, and the life of a panel. The core is e-mail ([email protected]). contingent upon, compliance with all supplemented with questions designed relevant Federal environmental laws to answer specific needs. These Dated: January 12, 2006. and regulations and completion of supplemental questions are included Madeleine Clayton, environmental review procedures as with the core and are referred to as Management Analyst, Office of the Chief prescribed by the 7 CFR part 1794, ‘‘topical modules.’’ The topical module Information Officer. Environmental Policies and Procedures. for the 2004 Panel Wave 8 is Welfare [FR Doc. E6–526 Filed 1–18–06; 8:45 am] Reform. The Welfare Reform topical BILLING CODE 3510–07–P
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DEPARTMENT OF COMMERCE Limited, Palliser Lumber Sales Ltd., Inc.; Max Meilleur et Fils Ltee.; Phoenix Forest Products Inc., Weston Materiau Blanchet Inc.; Bois Cobodex International Trade Administration Forest Corp.; Buchanan Lumber Sales (1995) Inc.; Bois Nor Que Wood Inc.; Inc., and the Buchanan affiliated mills, Produits Forestiers Berscifor Inc.; North American Free-Trade exporters and importers, and other Boscus Canada Inc.; Rembos Inc.; Les Agreement, Article 1904; NAFTA Panel affiliates, including Atikokan Forest Produits Forestiers Miradas Inc.; Scierie Reviews; Request for Panel Review Products Ltd.; Buchanan Forest Alexandre Lemay et Fils Ltee.; Les Bois AGENCY: NAFTA Secretariat, United Products Ltd.; Buchanan Northern S.& P. Grondin Inc.; Wilfrid Paquet & States Section, International Trade Hardwoods Inc.; Long Lake Forest Fils Ltee.; Beaubois Coaticook Inc.; Administration, Department of Products Inc. (including the Nakina Scierie Landrienne Inc.; Domexport, Commerce. division (Nakina Forest Products)); Inc.; Kruger, Inc.; Scierie Gallichan Inc.; Fontaine Inc. (doing business as J.A. ACTION: Notice of first request for panel Buchanan Distribution Inc.; Great West Fontaine et fils Incorporee), Bois review. Timber Limited; Dubreuil Forest Products Limited; Northern Sawmills Fontaine, Gestion Natanis Inc., Les SUMMARY: On January 11, 2006, Tembec Inc.; McKenzie Forest Products Inc.; and Placements Jean-Paul Fontaine Ltee.; Inc., Aspen Planers Ltd., Downie Solid Wood Products Inc.; Leggett & Commonwealth Plywood Company Ltd. Timber Ltd., Federated Co-operatives Platt Canada Co., Leggett & Platt Ltd., doing business as Bois Clo-Val (formerly Ltd., Gorman Bros. Lumber Ltd., Haida Leggett & Platt (B.C.) Ltd., and Leggett Bois Clo-Val Inc.), and Les Enterprises Forest Products Ltd., Kenora Forest & Platt, Inc. and Pleasant Valley Atlas (formerly Les Enterprises Atlas Products Ltd., Lecours Lumber Co. Ltd., Remanufacturing Ltd.; West Fraser (1985) Inc.); Scierie Nord-Sud Inc. (also Liskeard Lumber Co. Ltd., Midway Mills, Ltd.; Doman Industries Limited, known as North-South Sawmill Inc.); Lumber Mills Ltd., Mill & Timber Doman Forest Products Limited, and Mobilier Rustique (Beauce) Inc.; and Products Ltd., Nickel Lake Lumber, Doman Western Lumber Ltd. (now Bardeaux et Cedres St-Honore Inc. (also North Enderby Distribution Ltd., North doing business as Western Forest known as Bardeaux et Cedres), Enderby Timber Ltd., Olav Haavaldsrud Products Inc. and its subsidiaries); respectively. Panel review was Timber Co. Ltd., Ontario Forest Weldwood of Canada Limited; Tolko requested of the final results of the Industries Association and its members, Industries Ltd. and its affiliates, Gilbert antidumping duty administrative review Ontario Lumber Manufacturers Smith Forest Products Ltd., Compwood made by the United States Department Association and its members, R. Fryer Products Ltd., and Pinnacle Wood of Commerce, International Trade Forest Products Ltd., Selkirk Specialty Products Ltd.; Millar Western Forest Administration, respecting Certain Wood Ltd., Tall Tree Lumber Co., and Products Ltd.; Riverside Forest Products Softwood Lumber Products from Tyee Timber Products Ltd. (collectively, Ltd.; Lignum Ltd.; Bowater Incorporated Canada. This determination was ‘‘the Plaintiffs’’) filed a First Request for and Its Canadian Subsidiaries, published in the Federal Register (70 Panel Review with the United States Principally Bowater Canadian Forest FR 73437), on December 12, 2005. The Section of the NAFTA Secretariat Products Incorporated; Quebec Lumber NAFTA Secretariat has assigned Case pursuant to Article 1904 of the North Manufacturers Association (‘‘QLMA’’) Number USA–CDA–2006–1904–01 to American Free Trade Agreement. and certain Quebec lumber producers, this request. Seventeen additional Requests for Panel including: Clermond Hamel Ltee; FOR FURTHER INFORMATION CONTACT: Review were filed on January 11, 2006 Carrier & Begin Inc.; Gerard Crete et Fils Caratina L. Alston, United States on behalf of Dunkley Lumber Ltd.; Inc.; P. Proulx Forest Products Inc. (also Secretary, NAFTA Secretariat, Suite Abitibi-Consolidated Inc. (‘‘ACI’’), known as Proulx, Proulx Forest 2061, 14th and Constitution Avenue, Abitibi-Consolidated Company of Products Inc., and Produits Forestiers P. Washington, DC 20230, (202) 482–5438. Canada (‘‘ACCC’’), Produits Forestiers Proulx Inc.); Marcel Lauzon Inc.; SUPPLEMENTARY INFORMATION: Chapter Petits Paris Inc. (‘‘PFPP’’), Produits Groupe Lebel; Lulumco Inc.; Industries 19 of the North American Free-Trade Forestiers La Tuque Inc. (‘‘PFLT’’), Maibec Inc. (also known as Maibec Agreement (‘‘Agreement’’) establishes a Produits Forestiers Saguenay Inc. Industries Inc.); Les Produits Forestiers mechanism to replace domestic judicial (‘‘PFS’’), Societe en Commandite D.G. Ltee.; Les Produits Forestiers review of final determinations in Opitciwan (‘‘Opitciwan’’), Gestofor_Inc., Portbec Ltee. (also known as Portbec antidumping and countervailing duty Scieries Saguenay Ltee., and Abitibi-LP Forest Products Ltd.); Les Chantiers de cases involving imports from a NAFTA Engineered Wood Inc.; the British Chibougamau Ltee.; Industries G.D.S. country with review by independent Columbia Lumber Trade Council and its Inc.; G.D.S. Valoribois Inc.; Bois binational panels. When a Request for constituent associations: The Coast Marsoui G.D.S. Inc.; Bois Granval G.D.S. Panel Review is filed, a panel is Forest & Lumber Association and the Inc.; Promobois G.D.S. Inc.; Paul Valee established to act in place of national Council of Forest Industries; Inc.; Bois d’oeuvre Cedrico Inc. (also courts to review expeditiously the final Weyerhaeuser Company; International known as Cedrico Lumber Inc.); Scierie determination to determine whether it Forest Products, Ltd. (‘‘Interfor’’); the Lemay Inc.; Scierie Gauthier Ltee.; conforms with the antidumping or Canadian Lumber Remanufacturers’ Industries Perron Inc.; Fenclo Ltee.; countervailing duty law of the country Alliance (‘‘CLRA’’), and each of its Barrette-Chapais Ltee.; Blanchette et that made the determination. individual members: Alpha Lumber Blanchette Inc.; Scierie Norbois Inc.; Les Under Article 1904 of the Agreement, Mills Inc., American Bayridge Scieries du Lac St.-Jean Inc.; Bois de which came into force on January 1, Corporation, Bois Neos Inc., Brittania l’est F.B. Inc.; Domtar Inc.; Arbec Forest 1994, the Government of the United Lumber Company Limited, Falcon Products Inc.; Uniforet Inc.; Uniforet States, the Government of Canada and Lumber Limited, Finmac Lumber Scierie-Pate; Bois Kheops Inc.; Les the Government of Mexico established Limited, Great Lakes MSR Lumber Ltd., Produits Forestiers F.B.M. Inc.; Les Rules of Procedure for Article 1904 Hughes Lumber Specialties Inc., Les Produits Forestiers Maxibois Inc.; Binational Panel Reviews (‘‘Rules’’). Bois d’Oeuvre Beaudoin & Gauthier Inc., Careau Bois Inc.; Les Produits Forestiers These Rules were published in the Mid America Lumber, Monterra Lumber Dube Inc.; Armand Duhamel & Fils Inc.; Federal Register on February 23, 1994 Mills Limited, Nicholson and Cates Precibois Inc.; Byrnexco Inc.; Optibois (59 FR 8686).
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A first Request for Panel Review was R. Fryer Forest Products Ltd., Selkirk antidumping and countervailing duty filed with the United States Section of Specialty Wood Ltd., Tall Tree Lumber cases involving imports from a NAFTA the NAFTA Secretariat, pursuant to Co., Tembec Inc., and Tyee Timber country with review by independent Article 1904 of the Agreement, on Products Ltd. (collectively, ‘‘Plaintiffs’’) binational panels. When a Request for January 11, 2006, requesting panel filed a First Request for Panel Review Panel Review is filed, a panel is review of the final determination with the United States Section of the established to act in place of national described above. NAFTA Secretariat pursuant to Article courts to review expeditiously the final The Rules provide that: 1904 of the North American Free Trade determination to determine whether it (a) A Party or interested person may Agreement. A second, third and fourth conforms with the antidumping or challenge the final determination in Request for Panel Review was filed on countervailing duty law of the country whole or in part by filing a Complaint January 11, 2006 on behalf of the that made the determination. in accordance with Rule 39 within 30 Canadian Lumber Remanufacturers’ days after the filing of the first Request Alliance (‘‘CLRA’’) and each of its Under Article 1904 of the Agreement, for Panel Review (the deadline for filing individual members: Alpha Lumber which came into force on January 1, a Complaint is February 10, 2006); Mills Inc., American Bayridge 1994, the Government of the United (b) A Party, investigating authority or Corporation, Bois Neos Inc., Brittania States, the Government of Canada and interested person that does not file a Lumber Company Limited, Falcon the Government of Mexico established Complaint but that intends to appear in Lumber Limited, Finmac Lumber Rules of Procedure for Article 1904 support of any reviewable portion of the Limited, Great Lakes MSR Lumber Ltd., Binational Panel Reviews (‘‘Rules’’). final determination may participate in Hughes Lumber Specialties Inc., Les These Rules were published in the the panel review by filing a Notice of Bois d’Oeuvre Beaudoin & Gauthier Inc., Federal Register on February 23, 1994 Appearance in accordance with Rule 40 Mid America Lumber, Monterra Lumber (59 FR 8686). within 45 days after the filing of the first Mills Limited, Nicholson and Cates A first Request for Panel Review was Request for Panel Review (the deadline Limited, Palliser Lumber Sales Ltd., filed with the United States Section of for filing a Notice of Appearance is Phoenix Forest Products Inc., and the NAFTA Secretariat, pursuant to February 27, 2006); and Weston Forest Corp.; the Government of (c) The panel review shall be limited Canada, the Governments of the Article 1904 of the Agreement, on to the allegations of error of fact or law, Provinces of Alberta, British Columbia, January 11, 2006, requesting panel including the jurisdiction of the Manitoba, Ontario, and Saskatchewan, review of the final determination investigating authority, that are set out the Gouvernement du Quebec, the described above. in the Complaints filed in the panel Governments of the Northwest The Rules provide that: review and the procedural and Territories and the Yukon Territory, the (a) A Party or interested person may substantive defenses raised in the panel British Columbia Lumber Trade Council review. challenge the final determination in and its constituent associations (The whole or in part by filing a Complaint Dated: January 12, 2006. Coast Forest & Lumber Association and in accordance with Rule 39 within 30 the Council of Forest Industries), the Caratina L. Alston, days after the filing of the first Request Ontario Forest Industries Association, United States Secretary, NAFTA Secretariat. for Panel Review (the deadline for filing [FR Doc. E6–530 Filed 1–18–06; 8:45 am] the Ontario Lumber Manufacturers Association, and the Quebec Lumber a Complaint is February 10, 2006); BILLING CODE 3510–GT–P Manufacturers Association; and Bois (b) A Party, investigating authority or Daaquam Inc., Bois Omega Limitee, interested person that does not file a DEPARTMENT OF COMMERCE Fontaine Inc. (also known as J.A. Complaint but that intends to appear in Fontaine et fils incorporee), Maibec support of any reviewable portion of the International Trade Administration Industries Inc., Materaiux Blanchet, St. final determination may participate in Pamphile, and Scierie West Brome Inc., the panel review by filing a Notice of North American Free-Trade respectively. Panel review was Appearance in accordance with Rule 40 Agreement, Article 1904 NAFTA Panel requested of the final results of the within 45 days after the filing of the first Reviews; Request for Panel Review countervailing duty administrative Request for Panel Review (the deadline review made by the United States AGENCY: NAFTA Secretariat, United for filing a Notice of Appearance is States Section, International Trade Department of Commerce, International February 27, 2006); and Trade Administration, respecting Administration, Department of (c) The panel review shall be limited Commerce. Certain Softwood Lumber Products from Canada. This determination was to the allegations of error of fact or law, ACTION: Notice of first request for panel published in the Federal Register, (70 including the jurisdiction of the review. FR 73448) on December 12, 2005. The investigating authority, that are set out in the Complaints filed in the panel SUMMARY: On January 11, 2006, Aspen NAFTA Secretariat has assigned Case Planers Ltd., Buchanan Lumber Sales Number USA–CDA–2006–1904–02 to review and the procedural and Inc. and the Buchanan affiliated mills, this request. substantive defenses raised in the panel Downie Timber Ltd. Federated Co- FOR FURTHER INFORMATION CONTACT: review. operatives Ltd., Gorman Bros. Lumber Caratina L. Alston, United States Dated: January 12, 2006. Ltd., Haida Forest Products Ltd., Kenora Secretary, NAFTA Secretariat, Suite Caratina L. Alston, 2061, 14th and Constitution Avenue, Forest Products Ltd., Lecours Lumber United States Secretary, NAFTA Secretariat. Co. Ltd., Liskeard Lumber Ltd., Manitou Washington, DC 20230, (202) 482–5438. [FR Doc. E6–531 Filed 1–18–06; 8:45 am] Forest Products Ltd., Midway Lumber SUPPLEMENTARY INFORMATION: Chapter Mills Ltd., Mill & Timber Products Ltd., 19 of the North American Free-Trade BILLING CODE 3510–GT–P Nickel Lake Lumber, North Enderby Agreement (‘‘Agreement’’) establishes a Distribution Ltd., North Enderby Timber mechanism to replace domestic judicial Ltd., Olav Haavaldsrud Timber Co. Ltd., review of final determinations in
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DEPARTMENT OF COMMERCE Synthesis and Assessment Product 1.1 under the authority of the Endangered (2) Discussion of plans for completion Species Act of 1973, as amended (ESA; National Oceanic and Atmospheric and submission of 3rd Draft of Synthesis 16 U.S.C. 1531 et seq.) and the Administration and Assessment Product 1.1 to the CCSP provisions of 50 CFR 222.306 of the Interagency Committee. regulations governing the taking, Climate Change Science Program FOR FURTHER INFORMATION CONTACT: importing, and exporting of endangered (CCSP) Product Development Christopher Miller, Designated Federal and threatened fish and wildlife (50 Committee (CPDC) for Synthesis and Official, CPDC—S&A 1.1 (NOAA CFR parts 222–226). Assessment Product 1.1 Climate Program Office, 1100 Wayne The modification extends the expiration date of the permit from April AGENCY: Office of Oceanic and Avenue, Suite 1210, Silver Spring, 30, 2006, to April 30, 2007, for takes of Atmospheric Research (OAR), National Maryland 20910. Phone: 301–427–2376, leatherback (Dermochelys coriacea), Oceanic and Atmospheric Fax: 301–427–2073, E-mail: green (Chelonia mydas), loggerhead Administration (NOAA), Department of [email protected]), or visit (Caretta caretta), hawksbill Commerce (DOC). the Web site at http:// www.ogp.noaa.gov/ccsp/11.html. (Eretmochelys imbricata) and Kemp’s ACTION: Notice of open meeting. ridley (Lepidochelys kempii) sea turtles. Dated: January 10, 2006. The permit allows REMSA, Inc. to SUMMARY: The Climate Change Science Mark Brown, Program (CCSP) Product Development conduct sea turtle abundance and Chief Financial Officer, Office of Oceanic and relocation trawling activities in Committee for Synthesis and Atmospheric Research, National Oceanic and Assessment Product 1.1 (CPDC—S&A conjunction with the U.S. Army Corps Atmospheric Administration. of Engineers dredging projects in the 1.1) was established by a Decision [FR Doc. E6–513 Filed 1–18–06; 8:45 am] Memorandum dated October 7, 2005. Atlantic Ocean and Gulf of Mexico for BILLING CODE 3510–KD–P CPDC—S&A 1.1 is the Federal Advisory scientific research and enhancement Committee charged with responsibility purposes. Issuance of this modification, as to develop a draft Synthesis and DEPARTMENT OF COMMERCE required by the ESA was based on a Assessment Product that addresses finding that such permit: (1) was CCSP Topic 1.1: ‘‘Temperature trends in National Oceanic and Atmospheric applied for in good faith; (2) will not the lower atmosphere—steps for Administration operate to the disadvantage of any understanding and reconciling [I.D. 122205A] threatened and endangered species; and differences’’. (3) is consistent with the purposes and Time and Date: The meeting will be Endangered Species; Permit No. 1266– policies set forth in section 2 of the held Wednesday, February 8, 2006, from 02 ESA. 8 a.m. to 6 p.m. and Thursday, February 9, 2006, from 8 a.m. to 2 p.m. These AGENCY: National Marine Fisheries Dated: January 11, 2006. times and the agenda topics described Service (NMFS), National Oceanic and Steve Leathery, below are subject to change. Refer to the Atmospheric Administration (NOAA), Chief, Permits, Conservation and Education Web page http://www.ogp.noaa.gov/ Commerce. Division, Office of Protected Resources, ccsp/11.html for the most up-to-date ACTION: Notice; modification of National Marine Fisheries Service. meeting agenda. scientific research permit. [FR Doc. E6–589 Filed 1–18–06; 8:45 am] Place: The meeting will be held both BILLING CODE 3510–22–S days at the Hilton Chicago O’Hare SUMMARY: Notice is hereby given that Airport, Chicago, Illinois, 60666. John Glass, (Principal Investigator), Status: The meeting will be open to REMSA, Inc., 124 West Queens Way, DEPARTMENT OF COMMERCE public participation with a 60-minute Hampton, Virginia 23669 has been National Oceanic and Atmospheric public comment period on February 8 issued a modification to scientific Administration from 8:15 a.m. to 9:15 a.m. (check Web research Permit No. 1266–01. site to confirm this time). The CPDC— ADDRESSES: The modification and [I.D. 120605C] S&A 1.1 expects that public statements related documents are available for presented at its meetings will not be review upon written request or by Vessel Monitoring Systems (VMS); repetitive of previously submitted appointment in the following office(s): Specification of Requirements for verbal or written statements. In general, Permits, Conservation and Education Mobile Communications Service each individual or group making a Division, Office of Protected Resources, Provider (MCSP) Type Approval NMFS, 1315 East-West Highway, Room verbal presentation will be limited to a AGENCY: 13705, Silver Spring, MD 20910; phone National Marine Fisheries total time of five (5) minutes. Written Service (NMFS), National Oceanic and comments (at least 35 copies) should be (301)713–2289, fax (301)427–2521; Northeast Region, NMFS, One Atmospheric Administration (NOAA), received by the CPDC—S&A 1.1 Commerce. Designated Federal Official by February Blackburn Drive, Gloucester, MA 01930–2298; phone (978)281–9200; fax ACTION: Notice; revision of type 1, 2006 to provide sufficient time for approval requirements. review. Written comments received after (978)281–9371; and Southeast Region, NMFS, 263 13th February 1 will be distributed to the SUMMARY: This document provides Ave South, St. Petersburg, FL 33701; CPDC—S&A 1.1, but may not be notice of type approval requirements for phone (727)824–5312; fax (727)824– reviewed prior to the meeting date. a Mobile Communications Service 5309. Seats will be available on a first-come, Provider (MCSP) to be authorized for first-served basis. FOR FURTHER INFORMATION CONTACT: use by any vessel participating in the Matters To Be Considered: The Carrie Hubard or Amy Hapeman, NOAA Vessel Monitoring Systems meeting will include the following (301)713–2289. (VMS) program. Vessels participating in topics: (1) Resolution of public SUPPLEMENTARY INFORMATION: The VMS programs must acquire an Office comments received on the 2nd Draft of requested amendment has been granted for Law Enforcement - approved mobile
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transceiver unit (MTU) and use an essential to establish and maintain applicable, the provider should provide authorized MCSP to comply with the uniformly high system integrity. By this the MCSP’s identifying characteristics, standards set forth in NMFS rules notice, OLE seeks to approve reliable, the details of foreign VMS requirement requiring the use of VMS. robust, and secure MCSP services and specifications, the MCSP’s level of ADDRESSES: To obtain copies of the list thereby create and maintain a VMS compliance, and appropriate contact of NOAA-approved VMS MTU and meeting the requirement of high details of the qualifying authorities. OLE VMS MCSPs, or to obtain information integrity. Specific VMS programs are also will consider qualifying an MCSP regarding the status of VMS systems created to support particular NMFS which resells, packages, or integrates being evaluated by NOAA, write to rules requiring the use of VMS, which communication services from an MCSP NOAA Fisheries, Office for Law typically are designed to manage or that already received OLE carrier Enforcement (OLE), 8484 Georgia protect fish and other marine species qualification under this notice. within designated areas. Avenue, Suite 415, Silver Spring, MD Interoperability 20910. Process An MCSP seeking carrier qualification FOR FURTHER INFORMATION CONTACT: For Based on a request for carrier within a particular communications current listing information contact Mark qualification from a candidate MCSP, class for VMS must demonstrate that it Oswell, Outreach Specialist, or for OLE will conduct a thorough evaluation meets the standards when using at least questions regarding VMS installation and then issue a statement to accept or one type approved MTU within that and status of evaluations contact deny the carrier qualification of an same class. Establishment of the Jonathan Pinkerton, National VMS MCSP. The MCSP must meet the standards in thisDirective are intended Program Manager by phone: 301–427– minimal national VMS standards, as to ensure that carrier qualification for a 2300 or by fax: 301–427–2055. required by this notice, and the particular MCSP will permit its SUPPLEMENTARY INFORMATION: This requirements of the specific fisheries for interoperability with all approved MTU notice supersedes all previous notices which approval is sought. MCSP within its same class. To best promote on MCSP type approval requirements. providers are encouraged to review the interoperability within a class, MTU Previously approved MCSPs must national VMS standards and Federal and MCSP acceptance standards are comply with the requirements of this regulations for the fishery of interest outlined in separate directives. notice within 120 days of the prior to submitting a request for However, concurrent with this approval publication date of this notice. approval. Upon successful process for an MCSP, the approval for demonstration of compliance to the a same-class MTU must be either in Background standards set forth in this directive, OLE place or pending. Data received at OLE The OLE maintains MCSP will issue a MCSP carrier qualification from the MCSP must be in a secure and requirement specifications as an OLE for a particular communications class encrypted format compatible with OLE national directive. This document sets applicable to one or more VMS tracking software. prerequisite standards for the purpose of operations targeting particular fisheries. Submission carrier qualification, which an MCSP A class refers to the medium, protocol, must meet before it is permitted to be and frequency of the mobile A provider requesting MCSP type used in an OLE VMS. Vessels communications technology. approval shall begin by describing in participating in VMS programs must use OLE approval will not necessarily detail the extent to which the MCSP an OLE-qualified MSCP to comply with result in NMFS procurement of MCSP complies with each of the requirements NMFS rules requiring the use of VMS. services. Instead, OLE will request a fact set forth within this directive. The An MCSP is an operator of a mobile sheet from the MCSP to provide provider, or requestor for type approval, communications service used to provide information to the fishing industry that must provide OLE with one in-class wireless connectivity between mobile includes at minimum, value-added MTU and the required communications platforms (such as vessels, trucks, and services, account activation procedures, service for each of the fisheries for people) and fixed platforms (such as and pricing plans. This will allow which approval is desired for a 90- day offices and buildings). In VMS, the fishermen to make purchase decisions test and approval period. The supplier MCSP enables location transmission that are compatible with the VMS must also provide thorough MTU and two-way message exchange between standards and their individual needs. documentation, including fact sheets, OLE and the vessel when using an Purchasing strategies will also be installation guides, operator manuals, onboard MCSP-compatible MTU. (Note: determined on a per fishery user handbooks, the applicable Standards for the MTU are written in implementation basis. interfacing software, and technical the complementary directive titled support. OLE shall review the Initiation Mobile Transceiver Unit Specification submissions against the criteria of this of Requirements.) OLE will initiate the MCSP carrier directive. Next, OLE shall perform field qualification process upon written test and sea trials. To accomplish this, Goal request from the provider, subject to the OLE will coordinate test conditions OLE seeks to deploy an ‘‘open demonstration of compliance with this with volunteer and/or contract fishing system,’’ whereby fishing industry notice and the availability of test units. vessels. These tests may involve participants may select from a variety of The provider, or requestor for carrier demonstrating every aspect of MCSP suppliers that qualify and have been qualification, may be the company, operation, including programming a approved to participate in VMS systems integrator, distributor, and/or registered MTU, location tracking, programs. Fishermen must comply with value-added reseller, etc., acting within messaging, and troubleshooting their Federal fishery regulations the constraints of its agreement with the procedures. regarding VMS and therefore may be underlying communications company. Submit requests for type approval, cited for a violation and held Consideration will be given to an MCSP along with hard and soft copies of accountable for monitoring anomalies that has already passed a comparable support material to: U.S. Department of not attributable to faults in the MCSP or carrier qualification process in a foreign Commerce; National Oceanic and MTU. Therefore, type approval is fisheries management effort. If Atmospheric Administration; National
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Marine Fisheries Service; Office for Law Section 1. Identifiers 1.4.3. Billing. Enforcement; Attention: Vessel The MCSP must provide the following 1.4.4. Account management. Monitoring System Program; 8484 specifications and identifying 1.4.5. Customer service. Georgia Ave. Suite 415; Silver Spring, characteristics: 1.4.6. Technical support. MD 20910 USA; voice 301–427–2300, 1.1.1. Communications class, 1.4.7. Public affairs. fax 301–427–2055. including medium, protocol, and 1.4.8. Advertising. frequency of the mobile Litigation Support Section 2. Messaging communications technology. The MCSP shall be capable of 1.1.2. Trade name of the service. Due to the use of VMS for law communications that support the enforcement, all technical aspects of a 1.1.3. Company name. 1.1.4. Corporate headquarters. following messaging functions: provider’s submission are subject to 1.1.5. Principal business. 2.1. Ability to transmit multiple being admitted as evidence in a court of 1.1.6. Parent and subsidiary message types: law, if needed. The reliability of all companies, if applicable. 2.1.1. Automatically generated technologies utilized in the MCSP may 1.1.7. Name and locations of principal position reports. be analyzed in court for, inter alia, terrestrial facilities, e.g., downlinks, 2.1.2. Event-driven position reports. testing procedures, error rates, peer gateways, switches, and operation 2.1.3. Safety and distress alerts and review, and general industry centers. messages. acceptance. Further, the provider may 1.2 MCSP must support at least one 2.1.4. Email text messages. be required to provide technical and MTU approved for use in the fishery 2.1.5. Ability to remotely create new expert support for litigation to support desired unless the request is made message-types. the MCSP capabilities and establish bundled with a new MTU. If the request 2.1.6. Email forms. OLE’s case against violators. If the is made bundled with an MTU, 2.2. Ability to provide comprehensive technologies have previously been approval of the MCSP will be contingent and transparent communications, which subject to such scrutiny in a court of upon the approval of the MTU. MCSP function uniformly within the entire law, the provider should describe the ireless facilities must also have the area of the geographic coverage area for evidence and any court finding on the following characteristics as applicable: the particular communications class. reliability of the technology. 1.2.1. Satellite: MCSP must provide 2.3. Ability to perform two-way messaging. Additionally, to maintain the integrity adequate orbit types, constellation size, 2.4. Ability for OLE to initiate of VMS for fisheries management, the and coverage footprint to provide communications to vessels, either provider will be required to sign a non- comprehensive coverage of the VMS individually or by originator-defined disclosure agreement limiting the fishery for which application is made groups of vessels. release of certain information that might 1.2.2. Cellular: MCSP must provide compromise either the confidentiality of adequate coverage footprints, tower Section 3. Position Data Formats and fishermen’s personally identifying distribution density, tower locations, Transmission and protocols required to provide information, proprietary fishing data, 3.1. An MCSP should support an such as vessel positions, or the comprehensive coverage of the VMS fishery for which application is made. MTU’s ability to transmit automatically- effectiveness of the VMS operations, 1.2.3. Radio: MCSP must provide generated position reports that contain such as details of security procedures. adequate coast stations, locations, the following: The provider shall include a statement antennas, and antenna size to provide 3.1.1. Position fix latitude and confirming its agreement with these comprehensive coverage of the VMS longitude, including the hemisphere of conditions. fishery for which application is made. each. 3.1.2. The precision of the position fix Change Control 1.2.4. Approved or pending approval MTU(s) supported. shall be to the decimal minute Once qualified, it is the responsibility 1.3 For the following technical hundredths. of the MCSP to notify OLE of any responsibilities, name the business 3.1.3. Accuracy of the position fix change in its submission, such as a entities, including the MCSP and other must be within 100 meters, unless change affecting interconnect facilities, parties, who perform the following otherwise indicated by an existing geographic coverage, performance functions. Include the business mailing regulation or FMP requirement. characteristics, or customer support address, contact name(s), telephone 3.1.4. Unique identification of an contacts. OLE reserves the right to number, fax number, email addresses. MTU within the communications class. reconsider and revoke the MCSP 1.3.1. Operate principal terrestrial 3.1.5. Date (year/month/day with approval if, as a result of the change, the facilities. century in the year) and time (GMT) MCSP no longer satisfies the 1.3.2. Operate principal wireless stamp of the position fix. 3.1.6. Date (year/month/day with requirement. facilities. 1.4 For the following commercial century in the year) and time (GMT) Requests for Approval responsibilities, name the business when the position report is received at entities, including the MCSP and other the MCSP. Requestors must respond to each of parties, who perform the following 3.1.7. Date (year/month/day with the items listed in sections 1 through 10 functions for US customers. Include the century in the year) and time (GMT) of this document and any applicable business mailing address, contact stamp when the position report is sent attachments. The response should name(s), telephone number, fax number, to OLE. indicate how the MCSP complies with email addresses. Designate the US 3.1.8. MTU status information, such the requirement referred to in the item. geographic territory or market sector as configuration of programming and Items that the MCSP does not currently where applicable. reporting intervals, power save modes, comply with must be responded to by 1.4.1. Direct sales. antenna disconnection, and power-up/ explaining how the MCSP will comply 1.4.2. Indirect/distributor/channel power down, and loss of positioning with the requirement prior to approval. sales. signal.
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Section 4. Special Identified Position different MTUs within a backup circuits or alternate network Reports communications class, or multiple types automatically replace the primary 4.1. In addition to automatically classes. VMS receives data in a class- in the event of failure without any generated position reports, support the native format from the MCSP at the manual intervention. MTU’s ability to transmit specially appropriate VMS monitoring center in 9.1.2. Geographically transparent identified position reports. If the MTU an OLE-standard format. For approval a communications to and from OLE and is unable to transmit status upon the MCSP must be capable of delivering the MTU, such that OLE seamlessly occurrence of these events below, then information from all its within-class performs communication functions the specially identified position reports subscribers to OLE in a format and without a need to take additional steps are transmitted when its ability to protocol compatible with OLE to accommodate the geographic region transmit is reestablished. equipment and software facilities. The where the vessel is fishing. 4.1.1. Loss of the positioning MCSP must provide: 9.1.3. Durability and reliability in a reference signals. 8.1.1. Redundancy of terrestrial marine environment, without signal 4.1.2. Loss of the mobile facilities and network connectivity degradation or other loss of integrity communications signals. between MCSP and OLE, such that from adverse meteorological conditions. 4.1.3. Security events and other status backup circuits or alternate network 9.2. Communications between MCSP data. types automatically replace the primary and MTU must be secure from 4.1.4. The vessel crossing a in the event of failure without any tampering or interception, including the predefined geographic boundary. manual intervention. reading of passwords and data. The 4.1.5. Automatically generated 8.1.2. Two-way communications for MCSP must provide reasonable position reports sent to OLE from the delivery and acceptance of data from mechanisms to prevent: MCSP must be in a format compatible MCSP to OLE and back, supporting 9.2.1. Interception and ‘‘sniffing’’ with OLE monitoring software. messages, position reports, queries and during transmission to and from the administrative functions. MCSP and MTU via either wireless or Section 5. Queries 8.1.3. Auto-forwarding or auto- terrestrial facilities. 5.1. The MCSP shall allow the delivery of messages without the need 9.2.2. Spoofing, whereby one MTU is initiation of queries to extract for retrieval by OLE. fraudulently identifying itself as another information from single and multiple 8.1.4. Geographically transparent MTU. vessels to satisfy the following criteria: communications from OLE to the MTU, 9.2.3. Modification of MTU 5.1.1. A query addressed to an such that OLE seamlessly performs identification. individual vessel or a group of vessels. communication functions without a 9.2.4. Interference with GMDSS or The group of vessels may be comprised need to take additional steps to other safety/distress functionalities. of: accommodate the geographic region 9.2.5. Introduction of viruses that may 5.1.1.1. Vessels presently located where the vessel is fishing. corrupt the messages, transmission, or within a geographic area (for example, 8.1.5. Latency at 5 minutes or less the VMS system. defined by a circle or a rectangle, used (near real time) for 95 percent of Section 10. Customer Service by Coast Guard for search and rescue transmissions for two-way messaging coordination); between the MCSP and OLE. 10.1 The MCSP and its designated 5.1.1.2. Vessels that are members of 8.1.6. Communications between the entities shall provide customer service an OLE-defined logical grouping (For MCSP and OLE must be provided along that is professional, courteous, and example, grouped by fish type, gear secure encrypted channels. The MCSP responsive. type, or region of home port); must provide reasonable mechanisms to 10.2 The MCSP must have security 5.1.1.3. Queries are for the following: prevent: measures, user authentication, request 5.1.1.3.1. Reprogramming or 8.1.6.1. Tampering or interception, validation and non-disclosure policies reconfiguring position reporting including the reading of passwords and to prevent unauthorized access to the features. data. content of reports or other manual 5.1.1.3.2. Determining current 8.1.6.2. Interception and ‘‘sniffing’’ interference. The following position. during transmission from the MCSP to requirements must be included: 5.1.1.3.3. Extracting feature states, OLE via either wireless or terrestrial 10.2.1. Prevent unauthorized access to such as sensor status. facilities. data and configuration information by 8.1.6.3. Spoofing, whereby one MTU MCSP employees and third parties. Section 6. Position Intervals is fraudulently identifying itself as 10.2.2. Authorize fishermen access to 6.1. The MCSP must support the another MTU. account info and to enhance the MTU ability to determine the position of an 8.1.6.4. Modification of MTU configuration for personal messages, if MTU at fixed, programmable reporting identification. they pay for the costs of personal intervals between 5 minutes and 24 8.1.6.5. Interference with Global messages and configuration changes do hours. Maritime Distress and Safety System not affect the integrity of VMS (GMDSS) or other safety/distress operations. Section 7. Latency functionalities. 10.2.3. Send the MTU email, poll or 7.1. The MCSP must meet latency 8.1.6.6. Introduction of viruses that remotely reconfigure the MTU for requirements from 5 minutes or less may corrupt the messages, transmission, position reporting changes upon OLE (near real time) to 3 hours (store and or the VMS system. request. forward) between the time a position is 10.2.4. Keep an audit trail of actions fixed and the time it is received in OLE. Section 9. Wireless Connectivity taken by Customer Service. 9.1. The MCSP shall have the 10.3. MCSP security procedures must Section 8. Terrestrial Connectivity following wireless connectivity features: support above services whether the 8.1. The OLE VMS program supports 9.1.1. Redundancy of wireless access or configuration change is multiple VMS rules with incoming data facilities and network connectivity applied to a single MTU or a group of from many vessels that may be using between MTU and OLE, such that MTUs.
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10.4. Service level agreements must COMMITTEE FOR THE SUPPLEMENTARY INFORMATION: clarify constraints, if any, on the IMPLEMENTATION OF TEXTILE Authority: Section 213(b)(2)(A)(v)(II) of the geographic territory, personnel AGREEMENTS Caribbean Basin Economic Recovery Act, as availability, and escalation procedures added by Section 211(a) of the CBTPA; for problem resolution covered by such Request for Public Comments on Section 6 of Executive Order No. 13191 of services. Revoking a Commercial Availability January 17, 2001; Presidential Proclamation Designation under the United States- 7351 of October 2, 2000; Section 204 10.5. Assist in the resolution of Caribbean Basin Trade Partnership Act (b)(3)(B)(ii) of the ATPDEA; Presidential communications anomalies, such as (CBTPA) and the Andean Trade Proclamation 7616 of October 31, 2002, data loss, message corruption, and Promotion and Drug Eradication Act Executive Order 13277 of November 19, reporting gaps including helping to (ATPDEA) 2002, and the United States Trade determine the cause of the problem. Representative’s Notice of Further January 17, 2006. Assignment of Functions of November 25, 10.6. Provide and documented MTU AGENCY: Committee for the 2002. commissioning procedures for US Implementation of Textile Agreements Background vessels. (CITA). 10.7. Provide and documented ACTION: Request for public comments The CBTPA and ATPDEA provides account and service activation concerning a request for a revocation of for quota-and duty-free treatment for procedures. a CITA designation under the CBTPA qualifying textile and apparel products. and the ATPDEA regarding certain Such treatment is generally limited to 10.8. Provide documented and secure products manufactured from yarns and MTU configuration strategy or compacted, plied, ring spun cotton yarns. fabrics formed in the United States or a procedures for vessels monitored singly beneficiary country. The CBTPA and or grouped by fleet. SUMMARY: On January 10, 2006 the ATPDEA also provides for duty-free 10.9. All personally identifying Chairman of CITA received a petition treatment for apparel articles that are information provided by vessels owners from The National Council of Textiles both cut (or knit-to-shape) and sewn or or other authorized personnel for the Organizations (NCTO), alleging that a otherwise assembled in one or more purpose of purchase or activation of substitutable product for certain CBTPA and ATPDEA beneficiary MCSP services, or for the participation compacted, plied, ring spun cotton countries from fabric or yarn that is not in any NMFS VMS-approved fishery yarns, with yarn counts in the range formed in the United States or a must be protected from unauthorized from 42 to 102 metric, classified in beneficiary country, if it has been disclosure. Personally identifying subheadings 5205.42.0020, determined that such fabric or yarn 5205.43.0020, 5205.44.0020, cannot be supplied by the domestic information includes, but is not limited 5205.46.0020, 5205.47.0020 of the industry in commercial quantities in a to, names, addresses, telephone Harmonized Tariff Schedule of the timely manner. In Executive Order No. numbers, social security account United States (HTSUS), can be supplied 13191, the President delegated to CITA numbers, credit card numbers, vessel by the domestic industry in commercial the authority to determine whether names, federal, state, and local quantities in a timely manner, and yarns or fabrics cannot be supplied by documentation numbers, e-mail requesting that CITA revoke its previous the domestic industry in commercial addresses, and crew lists. Any designation regarding these yarns. On quantities in a timely manner under the information sent electronically to the September 29, 2005, following a CBTPA and ATPDEA and directed CITA OLE must be transmitted by a secure determination that the subject yarns to establish procedures to ensure means that prevents interception, could not be supplied by the domestic appropriate public participation in any spoofing, or viewing by unauthorized industry in commercial quantities in a such determination. On March 6, 2001, individuals. Any release of such timely manner under the CBTPA and CITA published procedures that it will information must be requested and ATPDEA, CITA designated men’s and follow in considering requests (66 FR approved in writing by the vessel owner boys’ woven cotton trousers and shirts, 13502). or authorized personnel, or the OLE. and women’s and girls’ woven cotton On September 29, 2005, following a Inadvertent or intentional unauthorized trousers, shirts, and blouses, made from determination that the compacted, release of personally identifying U.S. formed fabric containing such plied, ring spun cotton yarns could not information will be grounds for yarns as eligible for duty-free treatment be supplied by the domestic industry in reconsideration and possible revocation under the CBTPA and ATPDEA. CITA commercial quantities in a timely of the type approval for any offending hereby solicits public comments on this manner under the CBTPA and ATPDEA, MCSP. request from NCTO, in particular with CITA designated certain apparel made regard to whether such yarns or from U.S. formed fabric containing such Dated: January 13, 2006. substitutable yarns can be supplied by yarns as eligible for duty-free treatment William T. Hogarth, the domestic industry in commercial under the CBTPA and ATPDEA. On Assistant Administrator for Fisheries, quantities. Comments must be January 10, 2006, the Chairman of CITA National Marine Fisheries Service. submitted by February 3, 2006 to the received a petition from The National [FR Doc. E6–588 Filed 1–18–06; 8:45 am] Chairman, Committee for the Council of Textiles Organizations BILLING CODE 3510–22–S Implementation of Textile Agreements, (NCTO) alleging that yarns substitutable Room 3001, United States Department for these yarns can be supplied by the of Commerce, 14th and Constitution domestic industry in commercial Avenue, NW., Washington, DC 20230. quantities in a timely manner, and FOR FURTHER INFORMATION CONTACT: requesting that CITA revoke its previous Richard Stetson, International Trade designation regarding these yarns. This Specialist, Office of Textiles and petition can be viewed online at http:// Apparel, U.S. Department of Commerce, otexa.ita.doc.gov/ (202) 482-3400. CommerciallAvailability.htm.
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CITA is soliciting public comments notice under Public Law 92–463 employees of CAT, Inc. and Air regarding this request, particularly with (Federal Advisory Committee Act) to America, Inc. respect to whether these yarns or advise the public that the January 19, substitutable yarns can be supplied by 2006 meeting of the AmeriCorps NCCC SUMMARY: The specific activities within the domestic industry in commercial Advisory Board has been cancelled and this reconsideration are the groups quantities in a timely manner. replaced with a February 8, 2006 known as: ‘‘(a) The U.S. and Foreign Civilian Comments must be received by no later meeting. The Board advises the Director Employees of CAT, Inc., Who Operated than February 3, 2006. Interested of the NCCC concerning the in Korea Under Operation Book Lift persons are invited to submit six copies administration of the program and During 1950 and 1951 and Any Ground of such comments or information to the assists in the development and Support Personnel Necessary to Support Chairman, Committee for the administration of the Corps: That Mission; Implementation of Textile Agreements, Date and Time: Wednesday, February ‘‘(b) the U.S. and Foreign Civilian room 3100, U.S. Department of 8, 2006, 10 a.m.–4 p.m. Employees of CAT, Inc., Who Operated Commerce, 14th and Constitution Place: Corporation for National and Air Force C–119 Aircraft to Drop Avenue, NW., Washington, DC 20230. Community Service, 1201 New York Ammunition and Other Supplies to If a comment alleges that these yarns Avenue, NW., 8th Floor, Room 8312, French Troops at Dien Bien Phu in 1954 or substitutable yarns can be supplied Washington, DC 20525. by the domestic industry in commercial Status: Open. and Any Ground Support Personnel quantities in a timely manner, CITA will Matters To Be Considered: The Board Necessary to Support that Mission; closely review any supporting will discuss a proposal that establishes ‘‘(c) the U.S. and Foreign Civilian documentation, such as a signed two new committees of the Advisory Employees of CAT, Inc., Who Operated statement by a manufacturer of the Board, which should result in the Board B–26 Aircraft in Indonesia From 1958 yarns stating that it produces the yarns being in a position to better support and Through 1962, and Any Ground that are the subject of the request, advance the overall goals and objectives Support Personnel Who Supported That including the quantities that can be of the NCCC. These two committees will Mission: ‘‘(d) the U.S. and Foreign Civilian supplied and the time necessary to fill be concerned primarily with Board Employees of Air America, Inc., who an order, as well as any relevant development and strategic initiatives, Operated Fixed Wing or Helicopter information regarding past production. respectively. Aircraft in Support of U.S. Army Similarly, if a comment alleges that Accommodations: Upon request, Special Forces in Laos as Part of these yarns cannot be supplied by the meeting notices will be made available Operation Hot Foot and Operation domestic industry in commercial in alternative formats to accommodate White Star From 1959 Through 1962, quantities in a timely manner, CITA will visual and hearing impairments. and in Support of Operation Mill Pond, closely review any supporting Anyone who needs an interpreter or the Airlift from Thailand to Tibet, and documentation. other accommodation should notify the Any Ground Support Personnel CITA will protect any business Corporation’s contact person by 5 p.m. Necessary to Support Those Missions; confidential information that is marked Thursday, February 2, 2006. ‘‘(e) the U.S. and Foreign Civilian business confidential from disclosure to FOR FURTHER INFORMATION CONTACT: Ms. the full extent permitted by law. CITA Employees of Air America, Inc., Who Erma Hodge, Executive Assistant, Operated Fixed Wing or Helicopter will make available to the public non- NCCC, Corporation for National and confidential versions of the request and Aircraft in Direct Support of the U.S. Community Service, 10th Floor, 202– Air Force Operating in Laos in the Steve non-confidential versions of any public 606–6696. E-mail: [email protected]. comments received with respect to a Canyon Program (Ravens), the Site 85 request in room 3100 in the Herbert Dated: January 12, 2006. Operation, Photo Reconnaissance, the Hoover Building, 14th and Constitution Merlene Mazyck, Harp Program, and Search and Rescue Avenue, N.W., Washington, DC 20230. Director, National Civilian Community Corps. (SAR) Operations for U.S. Military Persons submitting comments on a [FR Doc. E6–507 Filed 1–18–06; 8:45 am] Flight Crews from 1964 Through 1974, request are encouraged to include a non- BILLING CODE 6050–$$–P and Any In-Country Ground Support confidential version and a non- Personnel, Who Were Necessary to confidential summary. Support Those Missions and Held DEPARTMENT OF DEFENSE Supervisory Positions; and James C. Leonard III, ‘‘(f) the U.S. and Foreign Civilian Chairman, Committee for the Implementation Department of the Air Force Employees of Air America, Inc., Who of Textile Agreements. Operated Fixed Wing or Helicopter [FR Doc. 06–538 Filed 1–17–06; 2:33 pm] Acceptance of Group Application Aircraft in Vietnam in Direct Support of BILLING CODE 3510–DS–S Under Public Law 95–202 and the U.S. Army Special Forces from 1964 Department of Defense Directive through 1975, and Any In-Country (Dodd) 1000.20; ‘‘The U.S. and Foreign Ground Support Personnel, Who Were CORPORATION FOR NATIONAL AND Civilian Employees of Cat, Inc., and Air Necessary to Support those Missions COMMUNITY SERVICE America, Inc. Who Participated in and Held Supervisory Positions.’’ Selected Activities’’ FOR FURTHER INFORMATION CONTACT: National Civilian Community Corps Persons with information or (NCCC) Advisory Board Meeting Authority: Under the provisions of Section documentation pertinent to the AGENCY: Corporation for National and 401, Public Law 95–202 and DoD Directive determination of whether the service of Community Service. 1000.20. these groups should be considered ACTION: ACTION: Cancellation and announcement The Department of Defense active military service to the Armed of a NCCC Advisory Board meeting. Civilian/Military Service Review Board Forces of the United States are has accepted a reconsideration of its encouraged to submit such information SUMMARY: The Corporation for National prior recommendation concerning or documentation within 30 days to the and Community Service is issuing this certain U.S. and foreign civilian DoD Civilian/Military Service Review
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Board, 1535 Command Drive, EE-Wing, SUPPLEMENTARY INFORMATION: The SFEIS Dated: January 10, 2006. 3rd third Floor, Andrews AFB, MD analyzed the following six alternatives Addison D. Davis, IV, 20762–7002. Copies of documents or to meet the need for additional Deputy Assistant Secretary of the Army other materials submitted cannot be maneuver training lands at Fort Irwin: (Environment, Safety and Occupational returned. (1) Alternative 1 (preferred Health) DASA (ESOH). alternative) analyzed expanding training [FR Doc. 06–475 Filed 1–18–06; 8:45 am] Bao-Anh Trinh, to the east and west to include BILLING CODE 3710–08–M Air Force Federal Register Liaison Officer. reintroduction of training in Fort Irwin [FR Doc. E6–540 Filed 1–18–06; 8:45 am] lands previously set aside to the south BILLING CODE 5001–05–P (UTM 90 area). Additional lands DEPARTMENT OF DEFENSE totaling approximately 150,510 acres would be added to the available training Department of the Army; Corps of DEPARTMENT OF DEFENSE lands. Engineers (2) Alternative 2 analyzed expanding Department of the Army training to the east and the south, Intent To Prepare a Draft including the UTM 90 area. Additional Environmental Impact Statement for Notice of Availability (NOA) for the the Wilmington Harbor–96 Act, General Supplemental Final Environmental lands totaling approximately 156,340 acres would be added to the available Reevaluation Report, New Hanover Impact Statement (SFEIS) for the County, NC Proposed Addition of Maneuver training lands. (3) Alternative 3 analyzed expanding Training Land at Fort Irwin, CA AGENCY: Department of the Army, U.S. training to the east. Additional lands Army Corps of Engineers, DoD. totaling approximately 48,760 acres AGENCY: Department of the Army, DoD. ACTION: Notice of intent. would be added to the available training ACTION: Notice of availability. lands. SUMMARY: The Wilmington Harbor–96 (4) Alternative 4 analyzed expanding SUMMARY: This announces the Act project is being constructed for the training to the east, west, and south to purpose of enhancing commercial availability of the SFEIS for the include reintroducing the UTM 90 area. Proposed Addition of Maneuver shipping the Cape Fear River and Additional lands totaling approximately Northeast Cape Fear River, and the State Training Land at Fort Irwin. The SFEIS 185,301 acres would be added to the assesses the potential environmental Port in Wilmington, New Hanover available training lands. County, NC. The project, including impacts of the addition of maneuver (5) Alternative 5 analyzed expanding lands to supplement the current training turning basin and mitigation efforts training to the east and reintroduction of were originally addressed in an corridors at the National Training the UTM 90 area. Additional lands Center at Fort Irwin in the Mojave Environmental Impact Statement, Cape totaling approximately 72,060 acres Fear—Northeast Cape Fear Rivers Desert of California by approximately would be added to the available training 118,674 acres. The proposed expanded Comprehensive Study, Wilmington, NC, lands. dated June 1996, which was maneuver training will improve (6) Alternative 6 analyzed no action, supplemented by an Environmental necessary field training by providing a under which no expansion would occur Assessment, Preconstruction more realistic battle corridor. The and training would continue as Modifications of Authorized cooperating agencies for this project are: currently exists. The Congressionally Improvements, Wilmington Harbor, NC, Bureau of Land Management (as the withdrawn lands would be managed dated February 2000. However since administrator of the vast majority of the under the Interim Management Plan then, the need for new project features lands within the study area), the until further disposition was decided. and mitigation issues have arisen. In National Aeronautics and Space Public involvement for this project order to address these issues, a General Administration (as a tenant on Fort has included five scoping sessions held Reevaluation Report (GRR) will be Irwin), and the Federal Aviation for the Supplemental Draft prepared, and a Draft Environmental Administration (as some of the Environmental Impact Statement Impact Statement (DEIS) will be alternatives involve possible changes to (SDEIS) which began in November 2001 included as a part of this process. The airspace). and ended in January 2002; a 45-day GRR and DEIS will address the public review of the SDEIS, with a 15- DATES: The waiting period for the SFEIS proposed relocation of a turning basin day extension; and public hearings at will end 30 days after publication of the in the Northeast Cape Fear River, and a various locations throughout southern NOA in the Federal Register by the U.S. reevaluation of alternatives for fish California to receive public comment on Environmental Protection Agency. No passage at the three locks and dams on the SDEIS. Written comments and other sooner than the expiration of the the Cape Fear River. waiting period, the Army will sign a forms of input from public and private FOR FURTHER INFORMATION CONTACT: Record of Decision (ROD). A Notice of entities were addressed in the SFEIS. Questions about the proposed action Availability of the ROD will also be Copies of the SFEIS are available for and DEIS can be answered by: Mr. Jeff published in the Federal Register. review at the following libraries: Library of Congress; Riverside Main Library; Richter, Environmental Resources ADDRESSES: Direct questions and/or San Diego County Library; and San Section; U.S. Army Engineer District, written comments regarding the SFEIS Bernardino County Libraries at the Wilmington; Post Office Box 1890; to, or request a copy of the document following locations: Hesperia, San Wilmington, NC 28402–1890; from, Ms. Jennifer Barry, Strategic Bernardino, Apple Valley, Trona, telephone: (910) 251–4636. Planning Office, PO Box 10309, Fort Barstow, Big Bear, Lucerne Valley, SUPPLEMENTARY INFORMATION: The Irwin, California 92310. Victorville, Wrightwood, and Yucca existing basin used for turning ships in FOR FURTHER INFORMATION CONTACT: Ms. Valley. the Northeast Cape Fear River is Jennifer Barry at (760) 380–6174; by e- The SFEIS may also be viewed at the downstream of the major terminal, and mail at [email protected]; Land Expansion Web Site: http:// there are two bridges between the basin or by facsimile at (760) 380–6171. fortirwindlandexpansion.com. and terminal. Usually the ships transit
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upstream bow-first through the two Dated: January 10, 2006. special interest groups, and any other bridges, but must back downstream John E. Pulliam, Jr., interest individuals and organizations. stern-first through the bridges to the Colonel, EN, Commanding. The Corps will announce availability of turning basin. For safety reasons, the [FR Doc. 06–485 Filed 1–18–06; 8:45 am] the draft supplemental document in the docking pilots requested that the BILLING CODE 3710–CE–M Federal Register and other media, and turning basis be relocated upstream of will provide the public, organizations, the bridges so ships can proceed bow- and agencies with an opportunity to first through the bridges in both DEPARTMENT OF DEFENSE submit comments, which will be directions. The most significant issue addressed in the Final SEIS/EIR. A 45- related to a relocated turning basin is Department of the Army; Corps of day public review period will be mitigation of dredging impacts to Engineers provided for individuals and agencies to primary nursery areas for marine review and comment on the SEIS/EIR. fisheries. Intent To Prepare a Draft Supplemental All interested parties should respond to Environmental Impact Statement/ this notice and provide a current In order to deepen sections of Environmental Impact Report for the address if they wish to be notified SEIS/ Wilmington Harbor, blasting has been Yuba River Basin Project, Yuba EIR circulation. required to remove rock. This blasting County, CA could impact the endangered shortnose 2. Project Information sturgeon that inhabits the harbor. To AGENCY: Department of the Army, U.S. mitigate for this potential impact, fish Army Corps of Engineers, DoD The Yuba River Basin is located in passage was required at the most ACTION: Notice of intent. western Yuba County about 50 miles downstream of the three Cape Fear north of Sacramento. The authorized SUMMARY: In accordance with the River locks and dams. The proposed project focused on approximately 21 National Environmental Policy Act fish passage plan involved the miles of levees along the Yuba and (NEPA) and the California construction of an approximate 3,800- Feather Rivers in the variety of Environmental Quality Act (CEQA), the foot long fish bypass channel around the Marysville, CA. The Yuba River Basin U.S. Army Corps of Engineers (Corps), lock-and-dam. This plan has not been study area was divided into three Sacramento District, is preparing a Draft implemented due to lack of funds and reaches: Reach 1—Yuba River/Feather Supplemental Environmental Impact real estate issues. During the GRR/DEIS River; reach 2—Feather River (including Statement/Environmental Impact Report process, additional alternatives will be Bear River and WP Interceptor Canal (SEIS/EIR) to reevaluate the previously considered that could include area); and reach 3—Marysville ring authorized plan and other alternatives modification or removal or the locks levee. and dams. This would require to reduce flood damages and restore deauthorization of the lock and dam riparian and aquatic habitat in the lower The Feasibility Report and Final EIS/ project. This action may be proposed Yuba River Basin, part of the Feather EIR were completed in April 1998. because there is no longer any River Basin, and the city of Marysville, Congress authorized the project in the commercial traffic using the locks and in Yuba County, CA. This notice Water Resources Development Act of dams, which is the authorized project replaces the one previously published 1999, and the Record of Decision was purpose. Significant issues related to in the Federal Register on March 17, signed in June 2000. The authorized fish passage include water supply users 2004 (69 FR 12646). The general project included specific levee upstream of the locks and dams and reevaluation is needed because recent modifications on 6.1 miles of the left recreational and commercial fisheries. technical, environmental, and economic bank of the Yuba River upstream of the studies have indicated that additional confluence with the Feather River; 10 All private parties and Federal, State, refinement and reformulation are miles of levee on the left bank of the and local agencies having an interest in needed to determine the feasibility and Feather River downstream of the the study are hereby notified of the extent of Federal and non-Federal confluence of the Yuba River; and 5 intent to prepare a DEIS and are invited interest in the project. The basic study miles of the Marysville ring levee. The to comment at this time. A scoping authority for the Yuba River Basin study levee modification work as authorized meeting was held on June 30, 2005 to was provided under the Flood Control was intended to bring the level of flood help determine whether an EIS or EA Act of 1962. protection for these levees up to about should be prepared. All comments a 200-year level of protection. received as a result of this notice of ADDRESSES: Send written comments and intent and the scoping meeting will be suggestions concerning this study to Mr. Since the final Yuba River Basin considered in the preparation of the Robert Koenigs, U.S. Army Corps of project was authorized, geotechnical DEIS. Engineers, Sacramento District, Attn: investigations and updated hydrology Planning Division (CESPK–PD–R), 1325 have identified previously unknown The lead agency for this project is the J Street, Sacramento, CA 95814. levee foundation problems in portions U.S. Army Engineer District, Requests to be placed on the mailing list of the study area/authorized project. Wilmington. Cooperating agency status should also be sent to this address. Levees along the Bear River and the WP has not be assigned to, nor requested by, FOR FURTHER INFORMATION CONTACT: Mr. Interceptor Canal have also been shown any other agency. Robert Koenigs, E-mail at to have stability and seepage problems The DEIS is being prepared in [email protected], that may cause flooding in lower Yuba accordance with the requirements of the telephone (916) 557–6712, or fax (916) County. Because flooding is still a National Environmental Policy Act of 557–7856. significant problem for the affected 1969, as amended, and will address the SUPPLEMENTARY INFORMATION: communities along the Yuba, Feather, relationship of the proposed action to and Bear Rivers, the State of California all other applicable Federal and State 1. Public Involvement Reclamation Board has requested that Laws and Executive Orders. The Yuba River Basin project will be the Corps initiate a general reevaluation The DEIS is currently scheduled to be coordinated between Federal, State, and of the project to determine a new available in October 2007. local governments; local stakeholders; feasible project.
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3. Proposed Action information collection, violate State or Relay Service (FIRS) at 1–800–877– The proposed action would be a Federal law, or substantially interfere 8339. with any agency’s ability to perform its general reevaluation of the authorized [FR Doc. E6–575 Filed 1–18–06; 8:45 am] statutory obligations. The IC Clearance project and other alternative plans to BILLING CODE 4000–01–P provide the level of flood protection Official, Regulatory Information previously planned and to restore Management Services, Office of the Chief Information Officer, publishes that riparian and aquatic habitats in the DEPARTMENT OF EDUCATION project area. notice containing proposed information collection requests prior to submission Submission for OMB Review; 4. Alternatives of these requests to OMB. Each Comment Request Potential alternatives to reduce flood proposed information collection, damages and restore riparian and grouped by office, contains the AGENCY: Department of Education. aquatic habitat could include: (1) No following: (1) Type of review requested, Action, (2) Modified Authorized Project e.g. new, revision, extension, existing or SUMMARY: The IC Clearance Official, Features and other Levee Improvements, reinstatement; (2) Title; (3) Summary of Regulatory Information Management and (3) Modified Authorized Project the collection; (4) Description of the Services, Office of the Chief Information Features, other Levee Improvements, need for, and proposed use of, the Officer invites comments on the and Setback Levees. Features of the information; (5) Respondents and submission for OMB review as required alternatives could include modifying frequency of collection; and (6) by the Paperwork Reduction Act of existing levees, constructing new Reporting and/or Recordkeeping 1995. setback levees, creating seasonal or burden. OMB invites public comment. DATES: Interested persons are invited to permanent wetland areas, and planting Dated: January 12, 2006. submit comments on or before February native riparian and wetland species. Angela C. Arrington, 21, 2006. Dated: January 6, 2006. IC Clearance Official, Regulatory Information Ronald N. Light, Management Services, Office of the Chief ADDRESSES: Written comments should Information Officer. Colonel, Corps of Engineers, District Engineer. be addressed to the Office of [FR Doc. 06–483 Filed 1–18–06; 8:45 am] Office of Postsecondary Education Information and Regulatory Affairs, BILLING CODE 3710–EZ–M Attention: Rachel Potter, Desk Officer, Type of Review: Revision. Department of Education, Office of Title: 34 CFR part 602, The Secretary’s Management and Budget, 725 17th Recognition of Accrediting Agencies. DEPARTMENT OF EDUCATION Street, NW., Room 10222, New Frequency: Annually, every 5 years. Executive Office Building, Washington, Submission for OMB Review; Affected Public: Not-for-profit DC 20503 or faxed to (202) 395–6974. Comment Request institutions. SUPPLEMENTARY INFORMATION: Section Reporting and Recordkeeping Hour 3506 of the Paperwork Reduction Act of AGENCY: Department of Education. Burden: Responses: 75. SUMMARY: 1995 (44 U.S.C. Chapter 35) requires The IC Clearance Official, Burden Hours: 1,071. Regulatory Information Management that the Office of Management and Abstract: This information is needed Services, Office of the Chief Information Budget (OMB) provide interested to determine if an accrediting agency Officer invites comments on the Federal agencies and the public an early complies with the Criteria for submission for OMB review as required opportunity to comment on information Recognition and should be recognized by the Paperwork Reduction Act of collection requests. OMB may amend or by the Secretary. 1995. waive the requirement for public Requests for copies of the information DATES: Interested persons are invited to consultation to the extent that public collection submission for OMB review participation in the approval process submit comments on or before February may be accessed from http:// would defeat the purpose of the 21, 2006. edicsweb.ed.gov, by selecting the information collection, violate State or ADDRESSES: Written comments should ‘‘Browse Pending Collections’’ link and Federal law, or substantially interfere be addressed to the Office of by clicking on link number 2933. When Information and Regulatory Affairs, you access the information collection, with any agency’s ability to perform its Attention: Rachel Potter, Desk Officer, click on ‘‘Download Attachments’’ to statutory obligations. The IC Clearance Department of Education, Office of view. Written requests for information Official, Regulatory Information Management and Budget, 725 17th should be addressed to U.S. Department Management Services, Office of the Street, NW., Room 10222, New of Education, 400 Maryland Avenue, Chief Information Officer, publishes that Executive Office Building, Washington, SW., Potomac Center, 9th Floor, notice containing proposed information DC 20503 or faxed to (202) 395–6974. Washington, DC 20202–4700. Requests collection requests prior to submission SUPPLEMENTARY INFORMATION: Section may also be electronically mailed to IC of these requests to OMB. Each 3506 of the Paperwork Reduction Act of [email protected] or faxed to 202–245– proposed information collection, 1995 (44 U.S.C. Chapter 35) requires 6623. Please specify the complete title grouped by office, contains the that the Office of Management and of the information collection when following: (1) Type of review requested; Budget (OMB) provide interested making your request. e.g., new, revision, extension, existing Federal agencies and the public an early Comments regarding burden and/or or reinstatement; (2) Title; (3) Summary opportunity to comment on information the collection activity requirements of the collection; (4) Description of the collection requests. OMB may amend or should be electronically mailed to the e- need for, and proposed use of, the waive the requirement for public mail address IC [email protected]. information; (5) Respondents and consultation to the extent that public Individuals who use a frequency of collection; and (6) participation in the approval process telecommunications device for the deaf Reporting and/or Recordkeeping would defeat the purpose of the (TDD) may call the Federal Information burden. OMB invites public comment.
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Dated: January 12, 2006. ACTION: Notice announcing application Elementary and Secondary Education Angela C. Arrington, deadline. Act of 1965 as amended (ESEA), the IC Clearance Official, Regulatory Information Department gives priority to Management Services, Office of the Chief SUMMARY: Under the AP Test Fee applications submitted under this Information Officer. program, we award grants to eligible competition over applications submitted state educational agencies (SEAs) in under the Advanced Placement Office of Special Education and order to enable them to pay all or a Rehabilitative Services Incentive program competition (CFDA portion of advanced placement test fees No. 84.330C). Type of Review: Extension. on behalf of eligible low-income Award Basis: The Department intends Title: Quarterly Cumulative Caseload students who—(1) Are enrolled in an to fund, at some level, all applications Report. advanced placement course; and (2) that meet the minimum Requirements Frequency: Quarterly. plan to take an advanced placement for Approval of Application as Affected Public: State, Local, or Tribal exam. The program is designed to described in the application package for Gov’t, SEAs or LEAs. increase the number of low-income this competition and that demonstrate a Reporting and Recordkeeping Hour students who take advanced placement need for new or additional funds for FY Burden: tests and receive scores for which 2006. Also, in determining whether to Responses: 320. college academic credit is awarded. In approve an application for a new award Burden Hours: 320. this notice we establish the deadline for (including the amount of the award) Abstract: State VR agencies that submission of the fiscal year (FY) 2006 from an applicant with a current grant administer vocational programs provide AP Test Fee program grant applications. under the program, the Department will key caseload indicator data on this form, Applications Available: January 19, consider the amount of any remaining including numbers of persons who are 2006. carryover funds under the existing applicants, determined eligible/ Application Deadline: February 21, grant. ineligible, waiting for services, and also 2006. Electronic Submission of their program outcomes. This data is Deadline for Intergovernmental Applications: An eligible SEA that seeks used for program, planning, Review: April 19, 2006. FY 2006 funding under the AP Test Fee management, budgeting and general SUPPLEMENTARY INFORMATION: program must submit its application statistical purposes. electronically to the Department on or Requests for copies of the information Who Is Eligible for an Award Under the AP Test Fee Program? before the application deadline date. collection submission for OMB review Submission of an electronic application may be accessed from http:// Eligible applicants under the AP Test involves the use of the Grants.gov Apply edicsweb.ed.gov, by selecting the Fee Program are: State educational site. ‘‘Browse Pending Collections’’ link and agencies (SEAs) in any State, including You can access the electronic by clicking on link number 2840. When the District of Columbia, the application, along with complete you access the information collection, Commonwealth of Puerto Rico, the instructions for applying via Grants.gov, click on ‘‘Download Attachments’’ to United States Virgin Islands, Guam, for the AP Test Fee program at: http: view. Written requests for information American Samoa, the Commonwealth of //www.Grants.gov/. Once you access should be addressed to U.S. Department the Northern Mariana Islands, the this site, you will receive specific of Education, 400 Maryland Avenue, Republic of the Marshall Islands, the instructions for completing your SW., Potomac Center, 9th Floor, Federated States of Micronesia, and the application and the electronic Washington, DC 20202–4700. Requests Republic of Palau. submission process. You must follow may also be electronically mailed to IC Note: For purposes of this program, the these requirements to ensure that your [email protected] or faxed to 202–245– Bureau of Indian Affairs is treated as an SEA. application is received by the 6623. Please specify the complete title Department no later than 4:30 p.m., of the information collection when Note: Current grantees under this program Washington, DC, time, on the making your request. that expect to receive continuation awards in application deadline date. FY 2006, or that expect to have sufficient Comments regarding burden and/or FOR FURTHER INFORMATION CONTACT: Ms. the collection activity requirements carryover funds to cover FY 2006 exam fees for eligible low-income students, should not Madeline Baggett or Ms. Lynyetta should be electronically mailed to the e- Johnson, 400 Maryland Ave., SW., mail address IC [email protected]. apply for a new award under this competition. Applicants requesting new Washington, DC 20202–6200. Individuals who use a awards for FY 2006 must submit an Telephone: (202) 260–2502 or (202) telecommunications device for the deaf application to the Department electronically 260–1990 or via Internet: (TDD) may call the Federal Information by the deadline established in this notice. [email protected]. Relay Service (FIRS) at 1–800–877– If you use a telecommunications 8339. Funding and Award Information device for the deaf (TDD), you may call [FR Doc. E6–576 Filed 1–18–06; 8:45 am] Estimated Available Funds: $4.8 the Federal Relay Service (FRS) at 1– BILLING CODE 4000–01–P million. 800–877–8339. Individuals with Estimated Range of Awards: $15,000– disabilities may obtain this notice in an $500,000. alternative format (e.g., Braille, large DEPARTMENT OF EDUCATION Estimated Average Size of Awards: print, audiotape, or computer diskette) $171,000. on request to the contact person listed [CFDA No. 84.330B] Estimated Number of Awards: 28. under FOR FURTHER INFORMATION Advanced Placement (AP) Test Fee Project Period: 12 months. CONTACT. Electronic Access to This Document: Program Note: The Department is not bound by any estimates in this notice. You may view this document, as well as AGENCY: Office of Elementary and other Department of Education Secondary Education (OESE), Statutory Funding Requirement: In documents published in the Federal Department of Education. accordance with section 1703 of the Register, in text or Adobe Portable
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Document Format (PDF) on the Internet SEAs may submit data via the World SUPPLEMENTARY INFORMATION: Under the at the following site: http://www.ed.gov/ Wide Web using the interactive survey authority of section 153(a)(1)(I) of the news/fedregister. form at http://www.surveys.nces.ed.gov/ Education Sciences Reform Act of 2002 To use PDF you must have Adobe ccdnpefs. If the Web form is used, it (Pub. L. 107–279), 20 U.S.C. 9543, Acrobat Reader, which is available free includes a digital confirmation page which authorizes NCES to gather data at this site. If you have questions about where a pin number may be entered. A on the financing of education, NCES using PDF, call the U.S. Government successful entry of the pin number collects data annually from SEAs Printing Office (GPO), toll free, at 1– serves as a signature by the authorizing through ED Form 2447. The report from 888–293–6498; or in the Washington, official. A certification form also may be SEAs includes attendance, revenue, and DC, area at (202) 512–1530. printed from the Web site, and signed expenditure data from which NCES by the authorizing official and mailed to determines the average State per pupil Note: The official version of this document the Governments Division of the Bureau expenditure (SPPE) for elementary and is the document published in the Federal secondary education, as defined in the Register. Free Internet access to the official of the Census, at the address listed in edition of the Federal Register and the Code the previous paragraph. This signed Elementary and Secondary Education of Federal Regulations is available on GPO form must be mailed within five Act of 1965, as amended (ESEA) (20 Access at: http://www.gpoaccess.gov/nara/ business days of Web form data U.S.C. 7801(2)). index.html. submission. In addition to utilizing the SPPE data Alternatively, SEAs may hand deliver as general information on the financing Program Authority: 20 U.S.C. 6531–6537. submissions by 4 p.m. (Eastern Time) to: of elementary and secondary education, Dated: January 13, 2006. Governments Division, Bureau of the the Secretary uses these data directly in Henry L. Johnson, Census, 8905 Presidential Parkway, calculating allocations for certain formula grant programs, including Title Assistant Secretary for Elementary and Washington Plaza II, room 508, Upper Secondary Education. Marlboro, MD 20772. I of the ESEA, Impact Aid, and Indian Education programs. Other programs [FR Doc. E6–582 Filed 1–18–06; 8:45 am] If an SEA’s submission is received by such as the Educational Technology BILLING CODE 4000–01–P the Bureau of the Census after September 5, 2006, in order for the State Grants program (Title II of the submission to be accepted, the SEA ESEA, Part D), the Education for DEPARTMENT OF EDUCATION must show one of the following as proof Homeless Children and Youth Program that the submission was mailed on or under Title VII of the McKinney-Vento Submission of Data by State before the mandatory deadline date: Homeless Assistance Act, the Teacher Educational Agencies 1. A legibly dated U.S. Postal Service Quality State Grants program (Title II of postmark. the ESEA, Part A), and the Safe and AGENCY: National Center for Education Drug-Free Schools and Communities 2. A legible mail receipt with the date Statistics, Institute of Education program (Title IV of the ESEA, Part A) of mailing stamped by the U.S. Postal Sciences, Department of Education. make use of SPPE data indirectly Service. because their formulas are based, in ACTION: Notice of dates of submission of 3. A dated shipping label, invoice, or whole or in part, on State Title I State revenue and expenditure reports receipt from a commercial carrier. allocations. for fiscal year (FY) 2005 and of revisions 4. Any other proof of mailing to those reports. In January 2006, the Bureau of the acceptable to the Secretary. Census, acting as the data collection If the SEA mails ED Form 2447 SUMMARY: The Secretary announces agent for NCES, will mail to SEAs ED through the U.S. Postal Service, the dates for the submission by State Form 2447 with instructions and Secretary does not accept either of the educational agencies (SEAs) of request that SEAs submit data to the following as proof of mailing: expenditure and revenue data and Bureau of the Census on March 13, 1. A private metered postmark. average daily attendance statistics on ED 2006, or as soon as possible thereafter. 2. A mail receipt that is not dated by Form 2447 (the National Public SEAs are urged to submit accurate and the U.S. Postal Service. Education Financial Survey (NPEFS)) complete data on March 13, or as soon for FY 2005. The Secretary sets these Note: The U.S. Postal Service does not as possible thereafter, to facilitate timely dates to ensure that data are available to uniformly provide a dated postmark. Before processing. Submissions by SEAs to the serve as the basis for timely distribution relying on this method, an SEA should check Bureau of the Census will be checked of Federal funds. The U.S. Bureau of the with its local post office. for accuracy and returned to each SEA Census (Bureau of the Census) is the for verification. All data, including any FOR FURTHER INFORMATION CONTACT: Ms. data collection agent for the National revisions, must be submitted to the Terri Kennerly, Chief, Bureau of the Center for Education Statistics (NCES). Bureau of the Census by an SEA not Census, ATTENTION: Governments The data will be published by NCES and later than September 5, 2006. Division, Washington, DC 20233–6800. will be used by the Secretary in the Having accurate and consistent Telephone: (301) 763–1559. If you use a calculation of allocations for FY 2007 information on time is critical to an telecommunications device for the deaf appropriated funds. efficient and fair allocation process and (TDD), you may call the Federal Relay to the NCES statistical process. To DATES: The date on which submissions Service (FRS) at 1–800–877–8339. ensure timely distribution of Federal will first be accepted is March 13, 2006. Individuals with disabilities may education funds based on the best, most The mandatory deadline for the final obtain this document in an alternative accurate data available, NCES submission of all data, including any format (e.g., Braille, large print, establishes, for allocation purposes, revisions to previously submitted data, audiotape, or computer diskette) on September 5, 2006, as the final date by is September 5, 2006. request to: Frank Johnson, National which the NPEFS Web form or ED Form ADDRESSES: SEAs may mail ED Form Center for Education Statistics, Institute 2447 must be submitted. If an SEA 2447 to: Bureau of the Census, of Education Sciences, U.S. Department submits revised data after the final ATTENTION: Governments Division, of Education, Washington, DC 20208– deadline that results in a lower SPPE Washington, DC 20233–6800. 5651. Telephone: (202) 502–7362. figure, its allocations may be adjusted
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downward or the Department may specific aspects of the information response may be analyzed as a part of request the SEA to return funds. SEAs collection described below. a section 211 proceeding. This should be aware that all of these data DATES: Comments on the collection of collection of information covers the are subject to audit and that, if any information are due March 10, 2006. information that must be contained in inaccuracies are discovered in the audit ADDRESSES: Copies of sample filings of the request and in the response. process, the Department may seek the proposed collection of information The Energy Policy Act of 1992 recovery of overpayments for the can be obtained from the Commission’s amended section 211 of the FPA and applicable programs. If an SEA submits Web site (http://www.ferc.gov/docs- expanded the Commission’s authority to revised data after September 5, 2006, the filings/elibrary.asp) or from the Federal order transmission service. Under the data also may be too late to be included Energy Regulatory Commission, Attn: revised section 211, the Commission in the final NCES published dataset. Michael Miller, Office of the Executive may order transmission services if it Electronic Access to This Document: Director Officer, ED–34, 888 First Street, finds that such action would be in the You may view this document, as well as NE., Washington, DC 20426. Comments public interest, would not unreasonably all other documents of this Department may be filed either in paper format or impair the continued reliability of published in the Federal Register, in electronically. Those parties filing electric systems affected by the order, text or Adobe Portable Document electronically do not need to make a and would meet the requirements of Format (PDF) on the Internet at the paper filing. For paper filing, the amended section 211 of the FPA. following site: http://www.ed.gov/news/ original and 14 copies of such fedregister. The Commission’s policy statement in comments should be submitted to the Public Law 93–3, Policy Statement To use PDF you must have Adobe Office of the Secretary, Federal Energy Acrobat Reader, which is available free Regarding Good Faith Requests for Regulatory Commission, 888 First Transmission Services and Responses at this site. If you have questions about Street, NE., Washington, DC 20426 and using PDF, call the U.S. Government by Transmitting Utilities Under Sections refer to Docket No. IC06–716–000. 211(a) and 213(a) of the Federal Power Printing Office (GPO), toll free, at 1– Documents filed electronically via the Act, as amended, implemented a data 888–293–6498; or in the Washington, Internet must be prepared in exchange between a transmission DC area at (202) 512–1530. WordPerfect, MS Word, Portable requester and a transmitting utility prior Document Format, or ASCII format. To Note: The official version of this document to the submission of section 211 request file the document, access the is the document published in the Federal with the Commission. Components of Register. Free Internet access to the official Commission’s Web site at http:// the data exchange are identified in the edition of the Federal Register and the Code www.ferc.gov and click on ‘‘Make an E- Code of Federal Regulations (CFR), 18 of Federal Regulations is available on GPO filing’’, and then follow the instructions CFR 2.20. The general policy sets forth Access at: http://www.gpoaccess.gov/nara/ for each screen. First time users will standards by which the Commission index.html. have to establish a user name and determines whether and when a valid password. The Commission will send an Authority: 20 U.S.C. 9543. good faith request for transmission has automatic acknowledgement to the Dated: January 13, 2006. been made under section 211 of the sender’s e-mail address upon receipt of FPA. In developing the standards, the Grover J. Whitehurst, comments. Director, Institute of Education Sciences. All comments may be viewed, printed Commission sought to encourage an [FR Doc. E6–586 Filed 1–18–06; 8:45 am] or downloaded remotely via the Internet open exchange of information with a reasonable degree of specificity and BILLING CODE 4000–01–P through FERC’s homepage using the eLibrary link. For user assistance, completeness between the party contact [email protected] or requesting transmission services and the DEPARTMENT OF ENERGY toll-free at (866) 208–3676 or for TTY, transmitting utility. As a result, twelve contact (202) 502–8659. components of a good faith estimate are identified under 18 CFR 2.20. Federal Energy Regulatory FOR FURTHER INFORMATION CONTACT: Commission Michael Miller may be reached by Information in the data exchange is [Docket No. IC06–716–000; FERC–716] telephone at (202) 502–8415, by fax at not filed as noted above with the (202) 273–0873, and by e-mail at Commission, unless negotiations Commission Information Collection [email protected]. between the transmission requestor and Activities, Proposed Collection; the transmitting utility have not been SUPPLEMENTARY INFORMATION: The Comment Request; Extension successful and the transmission information collected under the requestor files a section 211 request January 11, 2006. requirements of FERC–716 ‘‘Good Faith (FERC–716A, 1902–0168) with the AGENCY: Federal Energy Regulatory Request for Transmission Service and Commission. The request and response Commission, DOE. Response by Transmitting Utility Under may be analyzed by the Commission as ACTION: Notice of proposed information Sections 211(a) and 213(a) of the part of the section 211 proceeding. collection and request for comments. Federal Power Act’’ (OMB No. 1902– 0170) is used by the Commission to Action: The Commission is requesting SUMMARY: In compliance with the implement the statutory provisions of a three-year extension of the current requirements of section 3506(c)(2)(a) of sections 211 and 213 of the Federal expiration date, with no changes to the the Paperwork Reduction Act of 1995 Power Act (FPA) as amended and added existing collection of data. (Pub. L. 104–13), the Federal Energy by the Energy Policy Act 1992. The Burden Statement: Public reporting Regulatory Commission (Commission) is information is not filed with the burden for this collection is estimated soliciting public comment on the Commission, however, the request and as:
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Number of re- Average bur- Number of respondents annually sponses per den hours per Total annual respondent response burden hours
(1) (2) (3) (1)×(2)×(3)
8 ...... 1 800 800
Estimated cost burden to respondents e.g. permitting electronic submission of Commission’s Web site at http:// is $5,421. (800 hours/2080 hours per responses. www.ferc.gov and click on ‘‘Make an E- year times $112,767 per year average per filing’’, and then follow the instructions Magalie R. Salas, employee = $43,372). The cost per for each screen. First time users will respondent is $5,421.00. Secretary. have to establish a user name and [FR Doc. E6–551 Filed 1–18–06; 8:45 am] The reporting burden includes the password. The Commission will send an BILLING CODE 6717–01–P total time, effort, or financial resources automatic acknowledgement to the expended to generate, maintain, retain, sender’s e-mail address upon receipt of comments. disclose, or provide the information DEPARTMENT OF ENERGY including: (1) Reviewing instructions; All comments may be viewed, printed (2) developing, acquiring, installing, and Federal Energy Regulatory or downloaded remotely via the Internet utilizing technology and systems for the Commission through FERC’s homepage using the eLibrary link. For user assistance, purposes of collecting, validating, [Docket No. IC06–716A–000; FERC–716A] verifying, processing, maintaining, contact [email protected] or disclosing and providing information; Commission Information Collection toll-free at (866) 208–3676, or for TTY, (3) adjusting the existing ways to Activities, Proposed Collection; contact (202) 502–8659. comply with any previously applicable Comment Request; Extension FOR FURTHER INFORMATION CONTACT: instructions and requirements; (4) Michael Miller may be reached by training personnel to respond to a January 11, 2006. telephone at (202) 502–8415, by fax at collection of information; (5) searching AGENCY: Federal Energy Regulatory (202) 273–0873, and by e-mail at data sources; (6) completing and Commission, DOE. [email protected]. reviewing the collection of information; ACTION: Notice of proposed information SUPPLEMENTARY INFORMATION: The and (7) transmitting, or otherwise collection and request for comments. information collected under the disclosing the information. SUMMARY: In compliance with the requirements of FERC–716A The estimate of cost for respondents requirements of section 3506(c)(2)(a) of ‘‘Application for Transmission Services is based upon salaries for professional the Paperwork Reduction Act of 1995 Under Section 211 of the Federal Power and clerical support, as well as direct (Pub. L. No. 104–13), the Federal Energy Act’’ (OMB No. 1902–0168) is used by and indirect overhead costs. Direct costs Regulatory Commission (Commission) is the Commission to implement the include all costs directly attributable to soliciting public comment on the statutory provisions of sections 211 of providing this information, such as specific aspects of the information the Federal Power Act (FPA) 16 U.S.C. administrative costs and the cost for collection described below. (824) as amended by the Energy Policy information technology. Indirect or DATES: Comments on the collection of Act 1992 (Pub. L. 102–486) 106 Stat. overhead costs are costs incurred by an information are due March 10, 2006. 2776. Under section 211, the organization in support of its mission. ADDRESSES: Copies of sample filings of Commission may order transmission These costs apply to activities which the proposed collection of information services if it finds that such action benefit the whole organization rather can be obtained from the Commission’s would be in the public interest and than any one particular function or Web site (http://www.ferc.gov/docs- would not unreasonably impair the activity. filings/elibrary.asp) or from the Federal continued reliability of systems affected Comments are invited on: (1) Whether Energy Regulatory Commission, Attn: by the order. Section 211 allows any the proposed collection of information Michael Miller, Office of the Executive electric utility, Federal power marketing is necessary for the proper performance Director, ED–34, 888 First Street, NE., agency or any other person generating of the functions of the Commission, Washington, DC 20426. Comments may electric energy for sale or resale to apply including whether the information will be filed either in paper format or to the Federal Energy Regulatory have practical utility; (2) the accuracy of electronically. Those parties filing Commission for an order and notify the the agency’s estimate of the burden of electronically do not need to make a affected parties. the proposed collection of information, paper filing. For paper filing, the The Commission uses the information including the validity of the original and 14 copies of such to carry out its responsibilities under methodology and assumptions used; (3) comments should be submitted to the Part II of the Federal Power Act. The ways to enhance the quality, utility and Office of the Secretary, Federal Energy requirements in the Code of Federal clarity of the information to be Regulatory Commission, 888 First Regulations (CFR) under 18 CFR Part 36. collected; and (4) ways to minimize the Street, NE., Washington, DC 20426 and Action: The Commission is requesting burden of the collection of information refer to Docket No. IC06–716A–000. a three-year extension of the current on those who are to respond, including Documents filed electronically via the expiration date, with no changes to the the use of appropriate automated, Internet must be prepared in existing collection of data. electronic, mechanical, or other WordPerfect, MS Word, Portable Burden Statement: Public reporting technological collection techniques or Document Format, or ASCII format. To burden for this collection is estimated other forms of information technology file the document, access the as:
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Number of re- Average bur- Number of respondents annually sponses per den hours per Total annual respondent response burden hours
(1) (2) (3) (1)×(2)×(3)
8 ...... 1 2.5 hours 20 hours
Estimated cost burden to respondents e.g. permitting electronic submission of Federal Energy Regulatory Commission, is $1,084. (25 hours/2080 hours per year responses. 888 First Street, NE., Washington, DC 20426. times $112,767 per year average per Magalie R. Salas, employee = $ 1,084). The cost per This filing is accessible on-line at Secretary. respondent is $136.00. http://www.ferc.gov, using the [FR Doc. E6–552 Filed 1–18–06; 8:45 am] ‘‘eLibrary’’ link and is available for The reporting burden includes the BILLING CODE 6717–01–P review in the Commission’s Public total time, effort, or financial resources Reference Room in Washington, DC. expended to generate, maintain, retain, There is an ‘‘eSubscription’’ link on the disclose, or provide the information DEPARTMENT OF ENERGY Web site that enables subscribers to including: (1) Reviewing instructions; receive e-mail notification when a (2) developing, acquiring, installing, and Federal Energy Regulatory Commission document is added to a subscribed utilizing technology and systems for the docket(s). For assistance with any FERC purposes of collecting, validating, [Docket No. RP99–301–138] Online service, please e-mail verifying, processing, maintaining, [email protected], or call disclosing and providing information; ANR Pipeline Company; Notice of (866) 208–3676 (toll free). For TTY, call (3) adjusting the existing ways to Negotiated Rate Filing (202) 502–8659. comply with any previously applicable January 11, 2006. Magalie R. Salas, instructions and requirements; (4) Take notice that on January 5, 2006, Secretary. training personnel to respond to a ANR Pipeline Company (ANR) tendered [FR Doc. E6–544 Filed 1–18–06; 8:45 am] collection of information; (5) searching for filing and approval a secondary data sources; (6) completing and point amendment to an existing BILLING CODE 6717–01–P reviewing the collection of information; negotiated rate service agreement and (7) transmitting, or otherwise between ANR and DTE Energy Trading, DEPARTMENT OF ENERGY disclosing the information. Inc. ANR requests that the Commission The estimate of cost for respondents Federal Energy Regulatory accept and approve the subject point Commission is based upon salaries for professional amendment to be effective January 5, and clerical support, as well as direct 2006. [Docket Nos. IS01–504–002; IS03–74–001] and indirect overhead costs. Direct costs Any person desiring to intervene or to BP Transportation (Alaska) Inc.; Notice include all costs directly attributable to protest this filing must file in of Amendment Settlement providing this information, such as accordance with Rules 211 and 214 of administrative costs and the cost for the Commission’s Rules of Practice and January 10, 2006. information technology. Indirect or Procedure (18 CFR 385.211 and Take notice that on December 13, overhead costs are costs incurred by an 385.214). Protests will be considered by 2005, The State of Alaska (Alaska) and organization in support of its mission. the Commission in determining the BP Transportation (Alaska) Inc., (BPTA) These costs apply to activities which appropriate action to be taken, but will jointly filed a request that the benefit the whole organization rather not serve to make protestants parties to Commission approve the First than any one particular function or the proceeding. Any person wishing to Amendment to the Northstar Interstate activity. become a party must file a notice of Settlement (First Amendment) which Comments are invited on: (1) Whether intervention or motion to intervene, as Alaska and BPTA executed effective the proposed collection of information appropriate. Such notices, motions, or December 13, 2005. The First is necessary for the proper performance protests must be filed in accordance Amendment amends the Settlement with the provisions of § 154.210 of the of the functions of the Commission, Agreement, Northstar Oil Pipeline Commission’s regulations (18 CFR including whether the information will (NSA) dated May 14, 2003, between 154.210). Anyone filing an intervention have practical utility; (2) the accuracy of Alaska and BPTA, and provide that or protest must serve a copy of that maximum rate for interstate and the agency’s estimate of the burden of document on the Applicant. Anyone the proposed collection of information, intrastate service will be calculated in filing an intervention or protest on or the identical manner. including the validity of the before the intervention or protest date BPTA and Alaska entered the NSA methodology and assumptions used; (3) need not serve motions to intervene or and, the Commission approved the NSA ways to enhance the quality, utility and protests on persons other than the on July 23, 2003, finding it to be in the clarity of the information to be Applicant. public interest. BP Transportation collected; and (4) ways to minimize the The Commission encourages (Alaska) Inc., 104 FERC ¶ 61,112 (2003). burden of the collection of information electronic submission of protests and Alaska and BPTA respectfully request on those who are to respond, including interventions in lieu of paper using the that the Commission issue an order the use of appropriate automated, ‘‘eFiling’’ link at http://www.ferc.gov. approving the First Amendment as in electronic, mechanical, or other Persons unable to file electronically the public interest. technological collection techniques or should submit an original and 14 copies Any person desiring to intervene or to other forms of information technology of the protest or intervention to the protest this filing must file in
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accordance with Rules 211 and 214 of revised tariff sheets, to become effective Federal Energy Regulatory Commission, the Commission’s Rules of Practice and February 6, 2006: 888 First Street, NE., Washington, DC Procedure (18 CFR 385.211 and Third Revised Sheet No. 0 20426. 385.214). Protests will be considered by First Revised Sheet No. 2 This filing is accessible on-line at the Commission in determining the First Revised Sheet No. 4 http://www.ferc.gov, using the appropriate action to be taken, but will First Revised Sheet No. 10 ‘‘eLibrary’’ link and is available for not serve to make protestants parties to First Revised Sheet No. 11 review in the Commission’s Public the proceeding. Any person wishing to First Revised Sheet No. 12 Reference Room in Washington, DC. become a party must file a notice of First Revised Sheet No. 13 There is an ‘‘eSubscription’’ link on the intervention or motion to intervene, as Second Revised Sheet No. 15 Web site that enables subscribers to Second Revised Sheet No. 16 receive e-mail notification when a appropriate. Such notices, motions, or Third Revised Sheet No. 19 protests must be filed on or before the Second Revised Sheet No. 23 document is added to a subscribed date as indicated below. Anyone filing Second Revised Sheet No. 25 docket(s). For assistance with any FERC an intervention or protest must serve a First Revised Sheet No. 26 Online service, please e-mail copy of that document on the Applicant. First Revised Sheet No. 33 [email protected], or call Anyone filing an intervention or protest Third Revised Sheet No. 72 (866) 208–3676 (toll free). For TTY, call on or before the intervention or protest First Revised Sheet No. 73 (202) 502–8659. date need not serve motions to intervene First Revised Sheet No. 74 Magalie R. Salas, or protests on persons other than the First Revised Sheet No. 75 Original Sheet No. 75A Applicant. Secretary. Original Sheet No. 75B [FR Doc. E6–556 Filed 1–18–06; 8:45 am] The Commission encourages First Revised Sheet No. 76 BILLING CODE 6717–01–P electronic submission of protests and First Revised Sheet No. 78 interventions in lieu of paper using the First Revised Sheet No. 79 ‘‘eFiling’’ link at http://www.ferc.gov. Third Revised Sheet No. 80 Persons unable to file electronically Second Revised Sheet No. 98 DEPARTMENT OF ENERGY should submit an original and 14 copies First Revised Sheet No. 99 Third Revised Sheet No. 104 Federal Energy Regulatory of the protest or intervention to the Commission Federal Energy Regulatory Commission, First Revised Sheet No. 120 888 First Street, NE., Washington, DC First Revised Sheet No. 121 [Docket No. CP04–46–001] First Revised Sheet No. 122 20426. Second Revised Sheet No. 132 This filing is accessible online at Cheniere Corpus Christi Pipeline Second Revised Sheet No. 134 Company; Notice of Compliance Filing http://www.ferc.gov, using the Second Revised Sheet No. 138 ‘‘eLibrary’’ link and is available for First Revised Sheet No. 139 January 11, 2005 review in the Commission’s Public CNYOG states that copies of the filing Take notice that on June 17, 2005, Reference Room in Washington, DC. were served on the company’s Cheniere Corpus Christi Pipeline There is an ‘‘eSubscription’’ link on the jurisdictional customers and interested Company (Corpus Christi Pipeline), Web site that enables subscribers to state commissions tendered for filing First Revised Pro receive e-mail notification when a Any person desiring to intervene or to Forma Tariff Sheet Nos. 1 through 512, document is added to a subscribed protest this filing must file in in compliance with the Commission’s docket(s). For assistance with any FERC accordance with Rules 211 and 214 of April 18, 2005 Order in Docket Nos. Online service, please e-mail the Commission’s Rules of Practice and CP04–37–000 and CP04–44–000, et al. [email protected], or call Procedure (18 CFR 385.211 and (111 FERC ¶ 61,081). (866) 208–3676 (toll free). For TTY, call 385.214). Protests will be considered by Any person desiring to protest this (202) 502–8659. the Commission in determining the filing must file in accordance with Rule Comment Date: 5 p.m. Eastern Time appropriate action to be taken, but will 211 of the Commission’s Rules of on January 17, 2006. not serve to make protestants parties to Practice and Procedure (18 CFR Magalie R. Salas, the proceeding. Any person wishing to 385.211). Protests to this filing will be Secretary. become a party must file a notice of considered by the Commission in [FR Doc. E6–487 Filed 1–18–06; 8:45 am] intervention or motion to intervene, as determining the appropriate action to be appropriate. Such notices, motions, or taken, but will not serve to make BILLING CODE 6717–01–P protests must be filed in accordance protestants parties to the proceeding. with the provisions of § 154.210 of the Such protests must be filed on or before DEPARTMENT OF ENERGY Commission’s regulations (18 CFR the date as indicated below. Anyone 154.210). Anyone filing an intervention filing a protest must serve a copy of that Federal Energy Regulatory or protest must serve a copy of that document on all the parties to the Commission document on the Applicant. Anyone proceeding. filing an intervention or protest on or The Commission encourages [Docket No. RP06–171–000] before the intervention or protest date electronic submission of protests in lieu Central New York Oil and Gas need not serve motions to intervene or of paper using the ‘‘eFiling’’ link at Company, LLC; Notice of Proposed protests on persons other than the http://www.ferc.gov. Persons unable to Changes in FERC Gas Tariff Applicant. file electronically should submit an The Commission encourages original and 14 copies of the protest to January 11, 2006. electronic submission of protests and the Federal Energy Regulatory Take notice that, on January 6, 2006, interventions in lieu of paper using the Commission, 888 First Street, NE, Central New York Oil and Gas ‘‘eFiling’’ link at http://www.ferc.gov. Washington, DC 20426. Company, LLC (CNYOG), tendered for Persons unable to file electronically This filing is accessible on-line at filing as part of its FERC Gas Tariff, should submit an original and 14 copies http://www.ferc.gov, using the Original Volume No. 1, the following of the protest or intervention to the ‘‘eLibrary’’ link and is available for
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review in the Commission’s Public receive e-mail notification when a withdrawn from the record in this Reference Room in Washington, DC. document is added to a subscribed contested proceeding. There is an ‘‘eSubscription’’ link on the docket(s). For assistance with any FERC Magalie R. Salas, Web site that enables subscribers to Online service, please e-mail receive email notification when a [email protected], or call Secretary. document is added to a subscribed (866) 208–3676 (toll free). For TTY, call [FR Doc. E6–546 Filed 1–18–06; 8:45 am] docket(s). For assistance with any FERC (202) 502–8659. BILLING CODE 6717–01–P Online service, please e-mail Comment Date: 5 p.m. Eastern Time [email protected], or call on February 1, 2006. (866) 208–3676 (toll free). For TTY, call DEPARTMENT OF ENERGY (202) 502–8659. Magalie R. Salas, Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time Secretary. Commission on February 1, 2006. [FR Doc. E6–557 Filed 1–18–06; 8:45 am] Magalie R. Salas, BILLING CODE 6717–01–P [Docket No. RP00–632–019] Secretary. [FR Doc. E6–545 Filed 1–18–06; 8:45 am] Dominion Transmission, Inc.; Notice of DEPARTMENT OF ENERGY BILLING CODE 6717–01–P Compliance Filing
Federal Energy Regulatory January 11, 2006. Commission DEPARTMENT OF ENERGY Take notice that on January 5, 2006, Dominion Transmission, Inc. (DTI) Federal Energy Regulatory [Docket No. CP05–406–000] Commission tendered for filing a compliance filing to Columbia Gas Transmission the Commission’s letter order issued [Docket No. CP04–38–002] Corporation; Notice of Pending December 21, 2005, in Docket Nos. RP00–632–013 and RP00–623–017. Cheniere Sabine Pass Pipeline Release of Document Company; Notice of Compliance Filing DTI states that copies of the filing January 11, 2006. were served on parties on the official January 11, 2006. Columbia Gas Transmission service list in the above-captioned Take notice that on February 22, 2005, Corporation (Columbia) filed an proceedings. Cheniere Sabine Pass Pipeline Company application in this docket to abandon by Any person desiring to protest this (Sabine Pipeline), tendered for filing sale certain natural gas facilities located filing must file in accordance with Rule First Revised Pro Forma Tariff Sheet in West Virginia and Kentucky. On 211 of the Commission’s Rules of Nos. 1 through 512, in compliance with September 27, 2005, Geoex, Inc. Practice and Procedure (18 CFR the Commission’s December 21, 2004 (Geoex), an independent producer/ 385.211). Protests to this filing will be Order in Docket Nos. CP04–47–000 and shipper, filed a timely motion to considered by the Commission in CP04–38–000, et al. (109 FERC intervene in the Columbia proceeding determining the appropriate action to be ¶ 61,324). stating that it would be adversely taken, but will not serve to make Any person desiring to protest this affected by the abandonment. On the protestants parties to the proceeding. filing must file in accordance with Rule same date, Geoex filed a three-page Such protests must be filed in 211 of the Commission’s Rules of document in this docket that was accordance with the provisions of Practice and Procedure (18 CFR stamped ‘‘Keep Confidential.’’ The section 154.210 of the Commission’s 385.211). Protests to this filing will be document was entered into the regulations (18 CFR 154.210). Anyone considered by the Commission in Commission’s eLibrary database as a filing a protest must serve a copy of that determining the appropriate action to be non-public document with the document on all the parties to the taken, but will not serve to make accession number 20050929–0120. proceeding. protestants parties to the proceeding. Such protests must be filed on or before The Commission’s regulations require The Commission encourages the date as indicated below. Anyone that a person seeking privileged electronic submission of protests in lieu filing a protest must serve a copy of that treatment of information must file a of paper using the ‘‘eFiling’’ link at document on all the parties to the written statement to justify such special http://www.ferc.gov. Persons unable to proceeding. treatment (18 CFR 388.112 (b)(1)). Geoex file electronically should submit an The Commission encourages did not provide a written statement to original and 14 copies of the protest to electronic submission of protests in lieu support a claim of privilege. Further, the the Federal Energy Regulatory of paper using the ‘‘eFiling’’ link at information contained in the document Commission, 888 First Street, NE., http://www.ferc.gov. Persons unable to does not appear to qualify it as a Washington, DC 20426. file electronically should submit an Commission record exempt from public This filing is accessible on-line at original and 14 copies of the protest to disclosure under 18 CFR 388.107. http://www.ferc.gov, using the the Federal Energy Regulatory Accordingly, take notice that the ‘‘eLibrary’’ link and is available for Commission, 888 First Street, NE., Commission is considering releasing the review in the Commission’s Public Washington, DC 20426. Geoex document and that we are hereby Reference Room in Washington, DC. This filing is accessible online at giving Geoex the opportunity to There is an ‘‘eSubscription’’ link on the http://www.ferc.gov, using the comment on the release of such Web site that enables subscribers to ‘‘eLibrary’’ link and is available for document within ten days from the receive e-mail notification when a review in the Commission’s Public issuance of this notice. See 18 CFR document is added to a subscribed Reference Room in Washington, DC. 388.112(d). Geoex may explain why the docket(s). For assistance with any FERC There is an ‘‘eSubscription’’ link on the document should be deemed privileged Online service, please e-mail Web site that enables subscribers to or may request that the document be [email protected], or call
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(866) 208–3676 (toll free). For TTY, call 888 First Street, NE., Washington, DC become a party must file a notice of (202) 502–8659. 20426. intervention or motion to intervene, as This filing is accessible on-line at appropriate. Such notices, motions, or Magalie R. Salas, http://www.ferc.gov, using the protests must be filed on or before the Secretary. ‘‘eLibrary’’ link and is available for comment date. Anyone filing a motion [FR Doc. E6–555 Filed 1–18–06; 8:45 am] review in the Commission’s Public to intervene or protest must serve a copy BILLING CODE 6717–01–P Reference Room in Washington, DC. of that document on the Applicant and There is an ‘‘eSubscription’’ link on the all the parties in this proceeding. Web site that enables subscribers to The Commission encourages DEPARTMENT OF ENERGY receive e-mail notification when a electronic submission of protests and Federal Energy Regulatory document is added to a subscribed interventions in lieu of paper using the Commission docket(s). For assistance with any FERC ‘‘eFiling’’ link at http://www.ferc.gov. Online service, please e-mail Persons unable to file electronically [email protected], or call should submit an original and 14 copies [Docket No. EF06–4081–000] (866) 208–3676 (toll free). For TTY, call of the protest or intervention to the (202) 502–8659. Federal Energy Regulatory Commission, Southwestern Power Administration, Comment Date: 5 p.m. Eastern Time 888 First Street, NE., Washington, DC Robert Douglas Willis Hydropower on January 26, 2006. 20426. Project; Notice of Filing This filing is accessible on-line at Magalie R. Salas, January 9, 2006. http://www.ferc.gov, using the Secretary. Take notice that on December 23, ‘‘eLibrary’’ link and is available for [FR Doc. E6–478 Filed 1–18–06; 8:45 am] 2005, the Deputy Secretary of the review in the Commission’s Public Department of Energy, confirmed and BILLING CODE 6717–01–P Reference Room in Washington, DC. approved on an interim basis Rate Order There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to No. SWPA–55 effective January 1, 2006 DEPARTMENT OF ENERGY through September 30, 2009, which receive e-mail notification when a establishes the annual rate of $648,096 Federal Energy Regulatory document is added to a subscribed for the sale of power and energy by the Commission docket(s). For assistance with any FERC Southwestern Power Administration Online service, please e-mail from the Robert Douglas Will [Docket No. EF06–4021–000] [email protected], or call Hydropower Project to the Sam Rayburn (866) 208–3676 (toll free). For TTY, call United States Department of Energy; (202) 502–8659. Municipal Power Agency. The Rate Southwestern Power Administration, Order states this rate supersedes the Comment Date: 5 p.m. Eastern Time Sam Rayburn Dam Project Rate; Notice on January 26, 2006. annual rate which was confirmed and of Filing approved on a final basis by the Magalie R. Salas, Commission on June 24, 2004 for the January 9, 2006. Secretary. period of November 1, 2004, through Take notice that on December 23, [FR Doc. E6–480 Filed 1–18–06; 8:45 am] September 30, 2007, in Docket No. 2005, the Deputy Secretary of the BILLING CODE 6717–01–P EF04–4081–000. The new rate was Department of Energy, confirmed and submitted to the Commission for final approved on an interim basis Rate Order confirmation and approval on December No. SWPA–54 effective January 1, 2006 DEPARTMENT OF ENERGY 27, 2005. through September 30, 2009, which Any person desiring to intervene or to establishes the annual rate of $2,816,064 Federal Energy Regulatory protest this filing must file in for the sale of power and energy by the Commission accordance with Rules 211 and 214 of Southwestern Power Administration [Docket No. RP99–518–082] the Commission’s Rules of Practice and from the Sam Rayburn Dam Project to Procedure (18 CFR 385.211, 385.214). the Sam Rayburn Dam Electric Gas Transmission Northwest Protests will be considered by the Cooperative, Inc. The Rate Order states Corporation; Notice of Negotiated Rate Commission in determining the this rate supersedes the annual rate appropriate action to be taken, but will which was confirmed, approved and January 10, 2006. not serve to make protestants parties to placed in effect on an interim basis by Take notice that on December 30, the proceeding. Any person wishing to the Deputy Secretary of the Department 2005, Gas Transmission Northwest become a party must file a notice of of Energy on November 16, 2004, for the Corporation (GTN) tendered for filing as intervention or motion to intervene, as period January 1, 2005 through part of its FERC Gas Tariff, Third appropriate. Such notices, motions, or September 20, 2008. The new rate was Revised Volume No. 1–A, Twenty-Ninth protests must be filed on or before the submitted to the Commission for final Revised Sheet No. 15, to become comment date. Anyone filing a motion confirmation and approval on December effective January 1, 2006. to intervene or protest must serve a copy 27, 2005. GTN states that this sheet is being of that document on the Applicant and Any person desiring to intervene or to filed to update GTN’s reporting of all the parties in this proceeding. protest this filing must file in negotiated rate transactions that it has The Commission encourages accordance with Rules 211 and 214 of entered into. electronic submission of protests and the Commission’s Rules of Practice and Any person desiring to intervene or to interventions in lieu of paper using the Procedure (18 CFR 385.211, 385.214). protest this filing must file in ‘‘eFiling’’ link at http://www.ferc.gov. Protests will be considered by the accordance with Rules 211 and 214 of Persons unable to file electronically Commission in determining the the Commission’s Rules of Practice and should submit an original and 14 copies appropriate action to be taken, but will Procedure (18 CFR 385.211 and of the protest or intervention to the not serve to make protestants parties to 385.214). Protests will be considered by Federal Energy Regulatory Commission, the proceeding. Any person wishing to the Commission in determining the
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appropriate action to be taken, but will GTN states that these tariff sheets are Geneva also requested waiver of various not serve to make protestants parties to being submitted to reflect Commission regulations. In particular, the proceeding. Any person wishing to implementation of certain North Geneva requested that the Commission become a party must file a notice of American Energy Standards Board grant blanket approval under 18 CFR intervention or motion to intervene, as standards. part 34 of all future issuances of appropriate. Such notices, motions, or Any person desiring to protest this securities and assumptions of liability protests must be filed in accordance filing must file in accordance with Rule by Geneva. with the provisions of section 154.210 211 of the Commission’s Rules of On January 9, 2006, pursuant to of the Commission’s regulations (18 CFR Practice and Procedure (18 CFR delegated authority, the Director, 154.210). Anyone filing an intervention 385.211). Protests to this filing will be or protest must serve a copy of that considered by the Commission in Division of Tariffs and Market document on the Applicant. Anyone determining the appropriate action to be Development—West, granted the filing an intervention or protest on or taken, but will not serve to make request for blanket approval under part before the intervention or protest date protestants parties to the proceeding. 34. The Director’s order also stated that need not serve motions to intervene or Such protests must be filed in the Commission would publish a protests on persons other than the accordance with the provisions of separate notice in the Federal Register Applicant. section 154.210 of the Commission’s establishing a period of time for the The Commission encourages regulations (18 CFR 154.210). Anyone filing of protests. Accordingly, any electronic submission of protests and filing a protest must serve a copy of that person desiring to be heard or to protest interventions in lieu of paper using the document on all the parties to the the blanket approval of issuances of ‘‘eFiling’’ link at http://www.ferc.gov. proceeding. securities or assumptions of liability by Persons unable to file electronically The Commission encourages Geneva should file a motion to should submit an original and 14 copies electronic submission of protests in lieu intervene or protest with the Federal of the protest or intervention to the of paper using the ‘‘eFiling’’ link at Energy Regulatory Commission, 888 Federal Energy Regulatory Commission, http://www.ferc.gov. Persons unable to First Street, NE., Washington, DC 20426, 888 First Street, NE., Washington, DC file electronically should submit an in accordance with Rules 211 and 214 20426. original and 14 copies of the protest to of the Commission’s Rules of Practice This filing is accessible on-line at the Federal Energy Regulatory and Procedure. 18 CFR 385.211, 385.214 http://www.ferc.gov, using the Commission, 888 First Street, NE., (2004). ‘‘eLibrary’’ link and is available for Washington, DC 20426. Notice is hereby given that the review in the Commission’s Public This filing is accessible on-line at deadline for filing motions to intervene Reference Room in Washington, DC. http://www.ferc.gov, using the or protests is February 8, 2006. There is an ‘‘eSubscription’’ link on the ‘‘eLibrary’’ link and is available for Web site that enables subscribers to review in the Commission’s Public Absent a request to be heard in receive e-mail notification when a Reference Room in Washington, DC. opposition by the deadline above, document is added to a subscribed There is an ‘‘eSubscription’’ link on the Geneva is authorized to issue securities docket(s). For assistance with any FERC Web site that enables subscribers to and assume obligations or liabilities as Online service, please e-mail receive e-mail notification when a a guarantor, indorser, surety, or [email protected], or call document is added to a subscribed otherwise in respect of any security of (866) 208–3676 (toll free). For TTY, call docket(s). For assistance with any FERC another person; provided that such (202) 502–8659. Online service, please e-mail issuance or assumption is for some Magalie R. Salas, [email protected], or call lawful object within the corporate (866) 208–3676 (toll free). For TTY, call Secretary. purposes of Geneva, compatible with (202) 502–8659. [FR Doc. E6–485 Filed 1–18–06; 8:45 am] the public interest, and is reasonably necessary or appropriate for such BILLING CODE 6717–01–P Magalie R. Salas, Secretary. purposes. [FR Doc. E6–489 Filed 1–18–06; 8:45 am] The Commission reserves the right to DEPARTMENT OF ENERGY BILLING CODE 6717–01–P require a further showing that neither public nor private interests will be Federal Energy Regulatory adversely affected by continued Commission DEPARTMENT OF ENERGY approval of Nuclear Geneva’s issuances [Docket No. RP05–458–002] of securities or assumptions of liability. Federal Energy Regulatory Copies of the full text of the Director’s Gas Transmission Northwest Commission Order are available from the Corporation; Notice of Compliance [Docket Nos. ER05–1318–000, ER05–1318– Commission’s Public Reference Room, Filing 001 and ER05–1318–002] 888 First Street, NE., Washington, DC 20426. The Order may also be viewed January 10, 2006. Geneva Energy, LLC; Notice of on the Commission’s Web site at Take notice that on December 30, Issuance of Order 2005, Gas Transmission Northwest http://www.ferc.gov, using the eLibrary Corporation (GTN) tendered for filing as January 9, 2006. link. Enter the docket number excluding part of its FERC Gas Tariff, Third Geneva Energy LLC (Geneva) filed an the last three digits in the docket Revised Volume No. 1–A, the following application for market-based rate number filed to access the document. tariff sheets, to become effective authority, with an accompanying rate Comments, protests, and interventions December 31, 2005: tariff. The proposed rate tariff provides may be filed electronically via the Fourth Revised Sheet No. 231. for the sales of energy and capacity at internet in lieu of paper. See, 18 CFR Original Sheet No. 232. market-based rates and for the 385.2001(a)(1)(iii) and the instructions Sheet Nos. 233–249. reassignment of transmission capacity. on the Commission’s Web site under the
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‘‘e-Filing’’ link. The Commission Online service, please e-mail ‘‘eLibrary’’ link and is available for strongly encourages electronic filings. [email protected], or call review in the Commission’s Public (866) 208–3676 (toll free). For TTY, call Reference Room in Washington, DC. Magalie R. Salas, (202) 502–8659. There is an ‘‘eSubscription’’ link on the Secretary. Comment Date: 5 p.m. Eastern Time Web site that enables subscribers to [FR Doc. E6–479 Filed 1–18–06; 8:45 am] on January 17, 2006. receive e-mail notification when a BILLING CODE 6717–01–P document is added to a subscribed Magalie R. Salas, docket(s). For assistance with any FERC Secretary. Online service, please e-mail DEPARTMENT OF ENERGY [FR Doc. E6–493 Filed 1–18–06; 8:45 am] [email protected], or call BILLING CODE 6717–01–P Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Commission (202) 502–8659. Comment Date: 5 p.m. Eastern Time [Docket No. RP–91–143–056] DEPARTMENT OF ENERGY on January 26, 2006. Great Lakes Gas Transmission Limited Federal Energy Regulatory Magalie R. Salas, Partnership; Notice of Revenue Commission Secretary. Sharing Report [Docket No. EC06–61–000] [FR Doc. E6–548 Filed 1–18–06; 8:45 am] BILLING CODE 6717–01–P January 10, 2006. Mirant NY-Gen, LLC, Orange and Take notice that on December 8, 2005, Rockland Utilities, Inc.; Notice of Filing Great Lakes Gas Transmission Limited DEPARTMENT OF ENERGY Partnership (Great Lakes) tendered for January 11, 2006. filing its Interruptible/Overrun (I/O) Take notice that on January 5, 2005, Federal Energy Regulatory Revenue Sharing Report pursuant to the Mirant NY-Gen, LLC (Mirant NY-Gen) Commission stipulation and agreement filed on as debtors and debtors in possession, [Docket No. RP05–496–002] September 24, 1992, and approved by and Orange and Rockland Utilities, Inc. the Commission’s February 3, 1993 (O&R) (collective, Applicants) submitted North Baja Pipeline, LLC; Notice of order issued in Docket No. RP91–143– an application pursuant to section 203 Compliance Filing 000. of the Federal Power Act for Great Lakes states that copies of the authorization of the disposition by New January 10, 2006. filing has been served upon the parties York NY-Gen and acquisition by O&R of Take notice that on December 30, on the official service list, firm jurisdictional facilities associated with 2005, North Baja Pipeline, LLC (NBP) customers and the Public Service the 18 MW Grahamsville hydroelectric tendered for filing as part of its FERC Commission’s of Minnesota, Wisconsin generating facility. O&R states that it Gas Tariff, Original Volume No. 1, and Michigan. seeks concurrent authorization for the Eighth Revised Sheet No. 201 and First Any person desiring to protest this disposition of the same jurisdictional Revised Sheet No. 201A, to become filing must file in accordance with Rule facilities to the City of New York, New effective December 31, 2005. 211 of the Commission’s Rules of York. NBP states that these tariff sheets are Practice and Procedure (18 CFR Any person desiring to intervene or to being submitted to reflect 385.211). Protests to this filing will be protest this filing must file in implementation of certain North considered by the Commission in accordance with Rules 211 and 214 of American Energy Standards Board determining the appropriate action to be the Commission’s Rules of Practice and standards. taken, but will not serve to make Procedure (18 CFR 385.211, 385.214). NBP further states that a copy of this protestants parties to the proceeding. Protests will be considered by the filing has been served on NBP’s Such protests must be filed on or before Commission in determining the jurisdictional customers and interested the date as indicated below. Anyone appropriate action to be taken, but will state regulatory agencies. filing a protest must serve a copy of that not serve to make protestants parties to Any person desiring to protest this document on all the parties to the the proceeding. Any person wishing to filing must file in accordance with Rule proceeding. become a party must file a notice of 211 of the Commission’s Rules of The Commission encourages intervention or motion to intervene, as Practice and Procedure (18 CFR electronic submission of protests in lieu appropriate. Such notices, motions, or 385.211). Protests to this filing will be of paper using the ‘‘eFiling’’ link at protests must be filed on or before the considered by the Commission in http://www.ferc.gov. Persons unable to comment date. Anyone filing a motion determining the appropriate action to be file electronically should submit an to intervene or protest must serve a copy taken, but will not serve to make original and 14 copies of the protest to of that document on the Applicant and protestants parties to the proceeding. the Federal Energy Regulatory all the parties in this proceeding. Such protests must be filed in Commission, 888 First Street, NE., The Commission encourages accordance with the provisions of Washington, DC 20426. electronic submission of protests and section 154.210 of the Commission’s This filing is accessible on-line at interventions in lieu of paper using the regulations (18 CFR 154.210). Anyone http://www.ferc.gov, using the ‘‘eFiling’’ link at http://www.ferc.gov. filing a protest must serve a copy of that ‘‘eLibrary’’ link and is available for Persons unable to file electronically document on all the parties to the review in the Commission’s Public should submit an original and 14 copies proceeding. Reference Room in Washington, DC. of the protest or intervention to the The Commission encourages There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory Commission, electronic submission of protests in lieu Web site that enables subscribers to 888 First Street, NE., Washington, DC of paper using the ‘‘eFiling’’ link at receive e-mail notification when a 20426. http://www.ferc.gov. Persons unable to document is added to a subscribed This filing is accessible on-line at file electronically should submit an docket(s). For assistance with any FERC http://www.ferc.gov, using the original and 14 copies of the protest to
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the Federal Energy Regulatory and Procedure. 18 CFR 385.211, 385.214 the Commission’s Rules of Practice and Commission, 888 First Street, NE., (2004). Procedure (18 CFR 385.211, 385.214). Washington, DC 20426. Notice is hereby given that the Protests will be considered by the This filing is accessible on-line at deadline for filing motions to intervene Commission in determining the http://www.ferc.gov, using the or protests is February 8, 2006. appropriate action to be taken, but will ‘‘eLibrary’’ link and is available for Absent a request to be heard in not serve to make protestants parties to review in the Commission’s Public opposition by the deadline above, the proceeding. Any person wishing to Reference Room in Washington, DC. Power Bidding is authorized to issue become a party must file a notice of There is an ‘‘eSubscription’’ link on the securities and assume obligations or intervention or motion to intervene, as Web site that enables subscribers to liabilities as a guarantor, indorser, appropriate. Such notices, motions, or receive e-mail notification when a surety, or otherwise in respect of any protests must be filed on or before the document is added to a subscribed security of another person; provided comment date. Anyone filing a motion docket(s). For assistance with any FERC that such issuance or assumption is for to intervene or protest must serve a copy Online service, please e-mail some lawful object within the corporate of that document on the Applicant and [email protected], or call purposes of Power Bidding, compatible all the parties in this proceeding. (866) 208–3676 (toll free). For TTY, call with the public interest, and is The Commission encourages (202) 502–8659. reasonably necessary or appropriate for electronic submission of protests and such purposes. interventions in lieu of paper using the Magalie R. Salas, The Commission reserves the right to ‘‘eFiling’’ link at http://www.ferc.gov. Secretary. require a further showing that neither Persons unable to file electronically [FR Doc. E6–490 Filed 1–18–06; 8:45 am] public nor private interests will be should submit an original and 14 copies BILLING CODE 6717–01–P adversely affected by continued of the protest or intervention to the approval of Power Bidding’s issuances Federal Energy Regulatory Commission, of securities or assumptions of liability. 888 First Street, NE., Washington, DC DEPARTMENT OF ENERGY Copies of the full text of the Director’s 20426. Order are available from the This filing is accessible online at Federal Energy Regulatory Commission’s Public Reference Room, http://www.ferc.gov, using the Commission 888 First Street, NE., Washington, DC ‘‘eLibrary’’ link and is available for 20426. The Order may also be viewed review in the Commission’s Public [Docket Nos. ER06–214–000; ER06–214– on the Commission’s Web site at http:// Reference Room in Washington, DC. 001] www.ferc.gov, using the eLibrary link. There is an ‘‘eSubscription’’ link on the Enter the docket number excluding the Web site that enables subscribers to Power Bidding Strategies, LLC; Notice last three digits in the docket number receive e-mail notification when a of Issuance of Order filed to access the document. document is added to a subscribed January 9, 2006. Comments, protests, and interventions docket(s). For assistance with any FERC Power Bidding Strategies, LLC (Power may be filed electronically via the Online service, please e-mail Bidding) filed an application for market- internet in lieu of paper. See, 18 CFR [email protected], or call based rate authority, with an 385.2001(a)(1)(iii) and the instructions (866) 208–3676 (toll free). For TTY, call accompanying rate tariff. The proposed on the Commission’s Web site under the (202) 502–8659. rate tariff provides for the sales of ‘‘e-Filing’’ link. The Commission Comment Date: 5 p.m. Eastern Time energy and capacity at market-based strongly encourages electronic filings. on January 20, 2006. rates. Power Bidding also requested Magalie R. Salas, Magalie R. Salas, waiver of various Commission Secretary. Secretary. regulations. In particular, Power [FR Doc. E6–477 Filed 1–18–06; 8:45 am] [FR Doc. E6–549 Filed 1–18–06; 8:45 am] Bidding requested that the Commission grant blanket approval under 18 CFR BILLING CODE 6717–01–P BILLING CODE 6717–01–P part 34 of all future issuances of securities and assumptions of liability DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY by Power Bidding. On January 9, 2006, pursuant to Federal Energy Regulatory Federal Energy Regulatory delegated authority, the Director, Commission Commission Division of Tariffs and Market [Docket No. EL02–23–009] [Docket No. RP06–157–001] Development—West, granted the request for blanket approval under part Public Service Electric & Gas Tennessee Gas Pipeline Company; 34. The Director’s order also stated that Company; Notice of Compliance Filing Notice of Compliance Filing the Commission would publish a separate notice in the Federal Register January 11, 2006. January 10, 2006. establishing a period of time for the Take notice that on December 30, Take notice that on January 3, 2006, filing of protests. Accordingly, any 2005, Public Service Electric & Gas Tennessee Gas Pipeline Company person desiring to be heard or to protest Company (PSE&G) tendered for filing in (Tennessee), tendered for filing as part the blanket approval of issuances of compliance with Commission’s Order of of its FERC Gas Tariff, Fifth Revised securities or assumptions of liability by May 18, 2005, an information filing Volume No. 1, Substitute Sixth Revised Power Bidding should file a motion to concerning operation of the ‘‘Protocols’’ Sheet No. 95B, with an effective date of intervene or protest with the Federal adopted by the Commission in this February 1, 2006. Energy Regulatory Commission, 888 proceeding. Tennessee states that it is tendering First Street, NE., Washington, DC 20426, Any person desiring to intervene or to the substitute tariff sheet as a correction in accordance with Rules 211 and 214 protest this filing must file in to a tariff sheet that was filed on of the Commission’s Rules of Practice accordance with Rules 211 and 214 of December 29, 2005 in this docket.
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Any person desiring to protest this and the New Mexico Public Utilities gathering points included in its filing must file in accordance with Rule Commission. currently effective tariff. 211 of the Commission’s Rules of Any person desiring to protest this Transco states that copies of the filing Practice and Procedure (18 CFR filing must file in accordance with Rule are being mailed to its customers and 211 of the Commission’s Rules of 385.211). Protests to this filing will be interested state commissions. considered by the Commission in Practice and Procedure (18 CFR determining the appropriate action to be 385.211). Protests to this filing will be Any person desiring to intervene or to taken, but will not serve to make considered by the Commission in protest this filing must file in protestants parties to the proceeding. determining the appropriate action to be accordance with Rules 211 and 214 of Such protests must be filed in taken, but will not serve to make the Commission’s Rules of Practice and accordance with the provisions of protestants parties to the proceeding. Procedure (18 CFR 385.211 and section 154.210 of the Commission’s Such protests must be filed in 385.214). Protests will be considered by regulations (18 CFR 154.210). Anyone accordance with the provisions of the Commission in determining the filing a protest must serve a copy of that § 154.210 of the Commission’s appropriate action to be taken, but will document on all the parties to the regulations (18 CFR 154.210). Anyone not serve to make protestants parties to proceeding. filing a protest must serve a copy of that the proceeding. Any person wishing to The Commission encourages document on all the parties to the become a party must file a notice of electronic submission of protests in lieu proceeding. intervention or motion to intervene, as of paper using the ‘‘eFiling’’ link at The Commission encourages appropriate. Such notices, motions, or http://www.ferc.gov. Persons unable to electronic submission of protests in lieu protests must be filed in accordance file electronically should submit an of paper using the ‘‘eFiling’’ link at with the provisions of section 154.210 original and 14 copies of the protest to http://www.ferc.gov. Persons unable to of the Commission’s regulations (18 CFR the Federal Energy Regulatory file electronically should submit an 154.210). Anyone filing an intervention Commission, 888 First Street, NE., original and 14 copies of the protest to or protest must serve a copy of that Washington, DC 20426. the Federal Energy Regulatory This filing is accessible on-line at Commission, 888 First Street, NE., document on the Applicant. Anyone http://www.ferc.gov, using the Washington, DC 20426. filing an intervention or protest on or ‘‘eLibrary’’ link and is available for This filing is accessible online at before the intervention or protest date review in the Commission’s Public http://www.ferc.gov, using the need not serve motions to intervene or Reference Room in Washington, DC. ‘‘eLibrary’’ link and is available for protests on persons other than the There is an ‘‘eSubscription’’ link on the review in the Commission’s Public Applicant. Web site that enables subscribers to Reference Room in Washington, DC. The Commission encourages receive e-mail notification when a There is an ‘‘eSubscription’’ link on the electronic submission of protests and document is added to a subscribed Web site that enables subscribers to interventions in lieu of paper using the docket(s). For assistance with any FERC receive e-mail notification when a ‘‘eFiling’’ link at http://www.ferc.gov. Online service, please e-mail document is added to a subscribed Persons unable to file electronically [email protected], or call docket(s). For assistance with any FERC should submit an original and 14 copies (866) 208–3676 (toll free). For TTY, call Online service, please e-mail of the protest or intervention to the (202) 502–8659. [email protected], or call Federal Energy Regulatory Commission, (866) 208–3676 (toll free). For TTY, call Magalie R. Salas, 888 First Street, NE., Washington, DC (202) 502–8659. Secretary. 20426. [FR Doc. E6–491 Filed 1–18–06; 8:45 am] Magalie R. Salas, This filing is accessible on-line at BILLING CODE 6717–01–P Secretary. http://www.ferc.gov, using the [FR Doc. E6–494 Filed 1–18–06; 8:45 am] ‘‘eLibrary’’ link and is available for BILLING CODE 6717–01–P review in the Commission’s Public DEPARTMENT OF ENERGY Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory DEPARTMENT OF ENERGY Commission Web site that enables subscribers to Federal Energy Regulatory receive e-mail notification when a [Docket No. RP97–255–066] Commission document is added to a subscribed docket(s). For assistance with any FERC TransColorado Gas Transmission [Docket No. RP06–170–000] Online service, please e-mail Company; Notice of Compliance Filing Transcontinental Gas Pipe Line [email protected], or call January 10, 2006. Corporation; Notice of Proposed (866) 208–3676 (toll free). For TTY, call Take notice that on January 4, 2006, Changes in FERC Gas Tariff (202) 502–8659. TransColorado Gas Transmission Company (TransColorado) tendered for January 10, 2006. Magalie R. Salas, filing as part of its FERC Gas Tariff First Take notice that on January 4, 2006, Secretary. Revised Volume No. 1, Eleventh Transcontinental Gas Pipe Line [FR Doc. E6–492 Filed 1–18–06; 8:45 am] Revised Sheet No. 21 and Fourth Corporation (Transco) tendered for BILLING CODE 6717–01–P Revised Sheet No. 22B, to be effective filing as part of its FERC Gas Tariff, January 1, 2006. Third Revised Volume No. 1, Third TransColorado stated that a copy of Revised Sheet No. 33B, to become this filing has been served upon all effective December 31, 2005. parties to this proceeding, Transco states that the purpose of the TransColorado’s customers, the instant filing is to remove South Marsh Colorado Public Utilities Commission Island Block 130 C from the list of
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DEPARTMENT OF ENERGY docket(s). For assistance with any FERC interventions in lieu of paper using the Online service, please e-mail ‘‘eFiling’’ link at http://www.ferc.gov. Federal Energy Regulatory [email protected], or call Persons unable to file electronically Commission (866) 208–3676 (toll free). For TTY, call should submit an original and 14 copies [Docket Nos. EC06–60–000; ER01–3103– (202) 502–8659. of the protest or intervention to the 010] Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory Commission, on January 26, 2006. 888 First Street, NE., Washington, DC Weichert Enterprise IV, LLC, EIF 20426. Astoria II, LLC, Astoria Energy, LLC; Magalie R. Salas, This filing is accessible on-line at Notice of Filing Secretary. http://www.ferc.gov, using the [FR Doc. E6–547 Filed 1–18–06; 8:45 am] ‘‘eLibrary’’ link and is available for January 11, 2006. BILLING CODE 6717–01–P review in the Commission’s Public Take notice that on January 5, 2006, Reference Room in Washington, DC. the Weichert Enterprise IV, LLV, EIF There is an ‘‘eSubscription’’ link on the Astoria II, LLC, and Astoria Energy, LLC DEPARTMENT OF ENERGY Web site that enables subscribers to (collectively, applicants), filed with the receive e-mail notification when a Federal Energy Regulatory Commission Federal Energy Regulatory Commission document is added to a subscribed an application pursuant to section 203 docket(s). For assistance with any FERC of the Federal Power Act for [Docket No. EL06–45–000] Online service, please e-mail authorization of an indirect disposition [email protected], or call of jurisdictional facilities that would El Paso Electric Company, (866) 208–3676 (toll free). For TTY, call result from an internal change in Complainant, v. Tucson Electric Power (202) 502–8659. ownership involving upstream equity Company, Respondent; Notice of Comment Date: 5 p.m. Eastern Time holders of Astoria Energy, LLC (Astoria). Complaint on January 30, 2006. Astoria is developing a generating facility in Queens County, New York, January 11, 2006. Magalie R. Salas, and holds market-based rate authority. Take notice that on January 10, 2006, Secretary. The application seeks privileged El Paso Electric Company (EPE) filed a [FR Doc. E6–550 Filed 1–18–06; 8:45 am] treatment of certain agreements. formal Complaint against Tucson BILLING CODE 6717–01–P Any person desiring to intervene or to Electric Power Company (TEP) pursuant protest this filing must file in to 18 CFR 385.206 of the Commission accordance with Rules 211 and 214 of regulations, alleging that TEP has DEPARTMENT OF ENERGY the Commission’s Rules of Practice and asserted its intent to transmit power Procedure (18 CFR 385.211 and generated at the Luna generating facility Federal Energy Regulatory 385.214). Protests will be considered by on EPE’s transmission system from the Commission the Commission in determining the Luna substation near Deming, New [Docket Nos. EC06–41–000, et al.] appropriate action to be taken, but will Mexico to interconnection points at not serve to make protestants parties to Springerville and/or Greenlee, Arizona, Hardee Power Partners Limited, et al.; the proceeding. Any person wishing to but that TEP does not have, and has Electric Rate and Corporate Filings become a party must file a notice of failed to acquire, contractual right to do intervention or motion to intervene, as so. EPE seeks interim relief to assure January 9, 2006. appropriate. Such notices, motions, or that testing of the Luna generating The following filings have been made protests must be filed on or before the facility will not be adversely affected. with the Commission. The filings are comment date. Anyone filing a motion TEP states that subject to the grant of listed in ascending order within each to intervene or protest must serve a copy such relief, it is the only party affected docket classification. of that document on the Applicant. On by the complaint. 1. Hardee Power Partners Limited or before the comment date, it is not EPE states that copies of the necessary to serve motions to intervene complaint were served on the contacts [Docket No. EC06–41–000] or protests on persons other than the for TEP. Take notice that on December 15, Applicant. Any person desiring to intervene or to 2005, Hardee Power Partners Limited The Commission encourages protest this filing must file in (Hardee Power) submitted an electronic submission of protests and accordance with Rules 211 and 214 of application pursuant to section 203 of interventions in lieu of paper using the the Commission’s Rules of Practice and the Federal Power Act for authorization ‘‘eFiling’’ link at http://www.ferc.gov. Procedure (18 CFR 385.211 and to dispose of and acquire discrete Persons unable to file electronically 385.214). Protests will be considered by interconnection transmission facilities should submit an original and 14 copies the Commission in determining the located at the switchyard it owns in of the protest or intervention to the appropriate action to be taken, but will connection with its approximately 370 Federal Energy Regulatory Commission, not serve to make protestants parties to MW nature gas/No. 2 oil-fired electricity 888 First Street, NE., Washington, DC the proceeding. Any person wishing to generation facility located in Hardee 20426. become a party must file a notice of Power and Polk Counties, Florida. This filing is accessible on-line at intervention or motion to intervene, as Comment Date: 5 p.m. eastern time on http://www.ferc.gov, using the appropriate. The Respondent’s answer January 23, 2006. ‘‘eLibrary’’ link and is available for and all interventions, or protests must 2. Duquesne Keystone, LLC review in the Commission’s Public be filed on or before the comment date. Reference Room in Washington, DC. The Respondent’s answer, motions to [Docket No. EG06–27–000] There is an ‘‘eSubscription’’ link on the intervene, and protests must be served Take notice that on December 27, Web site that enables subscribers to on the Complainants. 2005, Duquesne Keystone, LLC, a receive email notification when a The Commission encourages Delaware limited liability company document is added to a subscribed electronic submission of protests and (Applicant) with its principal executive
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office at 411 Seventh Avenue, 5. Deseret Generation & Transmission (866) 208–3676 (toll free). For TTY, call Pittsburgh, PA 15219, filed with the Co-operative, Inc. (202) 502–8659. Commission an application for [Docket No. ER99–2506–003] Magalie R. Salas, determination of exempt wholesale Take notice that on December 1, 2005, generator status pursuant to part 365 of Secretary. Deseret Generation & Transmission Co- the Commission’s regulations and [FR Doc. E6–481 Filed 1–18–06; 8:45 am] operative, Inc. submitted for filing a section 32 of the Public Utility Holding BILLING CODE 6717–01–P supplement to its second updated Company Act of 1935, as amended. triennial market power analysis Applicant states it will be acquiring originally submitted on June 30, 2005. DEPARTMENT OF ENERGY 2.47 percent undivided interests in the Comment Date: 5 p.m. eastern time on Keystone Electric Generating Station in January 19, 2006. Federal Energy Regulatory Shelocta, Pennsylvania (Facilities) and Commission sell electric energy at wholesale. 6. JMC Wind, LLC Applicant further states its interest in [Docket No. QF06–3–000] Combined Notice of Filings #1 the Facilities is 42.3 MW. Take notice that on December 6, 2005, January 10, 2006. Comment Date: 5 p.m. eastern time on JMC Wind, LLC (JMC Wind) submitted Take notice that the Commission January 30, 2006. for filing an application as a Qualifying received the following electric rate Small Power Production Facility. JMC 3. Duquesne Conemaugh, LLC filings. Wind states that this facility will only Docket Numbers: ER01–1807–015, [Docket No. EG06–28–000] transmit power generated by JMC Wind 016, 017, 018; ER01–2020–012, 013, or another Bingham Lake Facility or to 014, 015. Take notice that on December 27, transmit maintenance or back-up power Applicants: Carolina Power & Light 2005, Duquesne Conemaugh, LLC, a from Interstate to a Bingham Lake Company. Florida Power Corporation. Delaware limited liability company Facility. Description: Carolina Power & Light (Applicant) with its principal executive Comment Date: 5 p.m. eastern time on Co. dba Progress Energy Carolina, Inc. office at 411 Seventh Avenue, January 19, 2006. submits an amended refund report Pittsburgh, PA 15219, filed with the reflecting the correct amounts for energy Commission an application for Standard Paragraph imbalance interest refunds pursuant to determination of exempt wholesale Any person desiring to intervene or to FERC’s December 9, 2005 Order. generator status pursuant to part 365 of protest this filing must file in Filed Date: December 30, 2005. the Commission’s regulations and accordance with Rules 211 and 214 of Accession Number: 20060106–0148. the Commission’s Rules of Practice and Section 32 of the Public Utility Holding Comment Date: 5 p.m. Eastern Time Procedure (18 CFR 385.211, 385.214). Company Act of 1935, as amended. on Friday, January 20, 2006. Protests will be considered by the Applicant will be acquiring 3.83 Docket Numbers: ER02–2330–040. percent undivided interests in the Commission in determining the appropriate action to be taken, but will Applicants: ISO New England Inc. Conemaugh Electric Generating Station Description: ISO New England in New Florence, Pennsylvania not serve to make protestants parties to the proceeding. Any person wishing to submits Independent Assessment of (‘‘Facilities’’) and sell electric energy at Demand Response Programs and impact wholesale. The total capacity of the become a party must file a notice of intervention or motion to intervene, as evaluation and market assessment. Applicant’s interest in the Facilities is Filed Date: December 30, 2005. approximately 65.5 MW. appropriate. Such notices, motions, or protests must be filed on or before the Accession Number: 20060104–0261. Comment Date: 5 p.m. eastern time on comment date. On or before the Comment Date: 5 p.m. Eastern Time January 30, 2006. comment date, it is not necessary to on Friday, January 20, 2006. Docket Numbers: ER05–487–002. 4. Decatur Energy Center, LLC serve motions to intervene or protests on persons other than the Applicant. Applicants: FPL Energy Cowboy [Docket No. EG06–29–000] The Commission encourages Wind, LLC. electronic submission of protests and Description: PL Energy Cowboy Wind, Take notice that on December 30, LLC submits notice of change in status 2005, Decatur Energy Center, LLC interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. including but not limited to ownership (Applicant), Calpine Center, 717 Texas or control of generation facilities. Avenue, Suite 1000, Houston, TX Persons unable to file electronically should submit an original and 14 copies Filed Date: November 18, 2005. 77002, filed with the Commission an Accession Number: 20051118–5138. application for determination of exempt of the protest or intervention to the Federal Energy Regulatory Commission, Comment Date: 5 p.m. Eastern Time wholesale generator status pursuant to on Thursday, January 19, 2006. part 365 of the Commission’s 888 First Street, NE., Washington, DC regulations. 20426. Docket Numbers: ER05–1221–003. This filing is accessible on-line at Applicants: Commonwealth Edison Applicant states that it owns and http://www.ferc.gov, using the Company. operates a nominal 780 MW power ‘‘eLibrary’’ link and is available for Description: Commonwealth Edison generation facility located in Decatur, review in the Commission’s Public Co. submits a status report and request Morgan County, Alabama. Applicant Reference Room in Washington, DC. that it serve as an amendment to its further states that copies of the There is an ‘‘eSubscription’’ link on the pending Transmission Interconnection application were served upon the Web site that enables subscribers to Agreement. United States Securities and Exchange receive e-mail notification when a Filed Date: December 30, 2005. Commission and Alabama Public document is added to a subscribed Accession Number: 20060105–0147. Service Commission. docket(s). For assistance with any FERC Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. eastern time on Online service, please e-mail on Friday, January 20, 2006. January 30, 2006. [email protected], or call Docket Numbers: ER06–190–001.
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Applicants: Electric Energy, Inc. Accession Number: 20060103–0016. Description: The New England Power Description: Electric Energy Inc. Comment Date: 5 p.m. Eastern Time Pool Participants Committee submits submits an amended and restated copy on Friday, January 20, 2006. signature pages to the Agreement dated of the Power Contract which Docket Numbers: ER06–433–000. September 1, 1971 with CalBear Energy, incorporates all changes to the Power Applicants: Midwest Independent LP, et al. Contract after September, 1987 which Transmission System Operator, Inc. Filed Date: December 30, 2005. remained in effect as of January 1, 2003. Description: Midwest Independent Accession Number: 20060103–0012. Filed Date: December 30, 2005. Transmission System Operator, Inc. Comment Date: 5 p.m. Eastern Time Accession Number: 20060104–0262. submits an unexecuted Large Generator on Friday, January 20, 2006. Comment Date: 5 p.m. Eastern Time Interconnection Agreement among Twin Docket Numbers: ER06–439–000. on Friday, January 20, 2006. Creeks Wind, LLC and Midwest ISO. Applicants: Otter Tail Power Docket Numbers: ER06–263–001. Filed Date: December 30, 2005. Company. Applicants: Cleco Power LLC. Accession Number: 20060103–0015. Description: Otter Tail Power Co. Description: Cleco Power LLC submits Comment Date: 5 p.m. Eastern Time submits Amendment to the an errata to its November 30, 2005 letter. on Friday, January 20, 2006. Interconnection & Transmission Service Agreement with Minnkota Power Filed Date: December 30, 2005. Docket Numbers: ER06–434–000. Accession Number: 20060104–0258. Cooperative Inc. Applicants: California Independent Comment Date: 5 p.m. Eastern Time Filed Date: December 30, 2005. System Operator Corporation. on Friday, January 20, 2006. Accession Number: 20060105–0130. Description: California Independent Comment Date: 5 p.m. Eastern Time Docket Numbers: ER06–429–000. System Operator Corp. submits an Applicants: Florida Power on Friday, January 20, 2006. amendment to the Responsible Docket Numbers: ER06–440–000. Corporation. Participating Transmission Owner Description: Florida Power Co. dba Applicants: Electric Energy, Inc. Agreement with Pacific Gas & Electric Description: Electric Energy, Inc.’s Progress Energy Florida, Inc submits Co. revisions to their Open Access Modification No. 17 to a Power Contract Filed Date: December 30, 2005. dated September 2, 1987 with the Transmission Tariffs, FERC Electric Accession Number: 20060103–0005. Tariff, Second Revised Volume No. 6, Department of Energy designated as Comment Date: 5 p.m. Eastern Time Contract DE–AC05–760R1312. consistent with FERC’s December 12, on Friday, January 20, 2006. 2005 Order. Filed Date: December 30, 2005. Filed Date: December 30, 2005. Docket Numbers: ER06–435–000. Accession Number: 20060105–0105. Comment Date: 5 p.m. Eastern Time Accession Number: 20060103–0008. Applicants: Midwest Independent Comment Date: 5 p.m. Eastern Time Transmission System Operator, Inc. on Friday, January 20, 2006. on Friday, January 20, 2006. Description: Midwest Independent Docket Numbers: ER06–441–000. Transmission System Operator, Inc. Applicants: Decatur Energy Center, Docket Numbers: ER06–430–000. submits a Large Generator LLC. Applicants: Progress Energy Services Interconnection Agreement with Great Description: Decatur Energy Center, Company, LLC. River Energy, Generation and Midwest LLC submits a proposed rate schedule Description: Progress Energy Service ISO. under which it will have authority to Co., LLC on behalf of Carolina Power & Filed Date: December 30, 2005. make wholesale sales of electric energy, Light Co. submits Second Revised Sheet Accession Number: 20060103–0014. capacity, replacement reserves and 433 et al to FERC Electric Tariff, Third Comment Date: 5 p.m. Eastern Time certain ancillary services etc. Revised Volume No. 3 in compliance on Friday, January 20, 2006. Filed Date: December 30, 2005. with Order 661–A, issued December 12, Accession Number: 20060105–0064. 2005. Docket Numbers: ER06–436–000. Applicants: Avista Corporation. Comment Date: 5 p.m. Eastern Time Filed Date: December 30, 2005. on Friday, January 20, 2006. Accession Number: 20060103–0007. Description: Avista Corp. submits an Docket Numbers: ER06–442–000. Comment Date: 5 p.m. Eastern Time unsigned pro-forma Network Integration Applicants: Midwest Electric Power, on Friday, January 20, 2006. Transmission Service Agreement with the Bonneville Power Administration. Inc. Docket Numbers: ER06–431–000. Description: Midwest Electric Power, Applicants: Progress Energy Services Filed Date: December 30, 2005. Accession Number: 20060103–0010. Inc. submits a Power Supply Agreement Company, LLC. dated December 21, 2005 with Electric Description: Progress Energy Service Comment Date: 5 p.m. Eastern Time on Friday, January 20, 2006. Energy, Inc., effective January 1, 2006. on behalf of Florida Power Corp. Filed Date: December 30, 2005. amends Exhibit A of the revised Docket Numbers: ER06–437–000–001. Accession Number: 20060105–0063. Contract for interchange service with Applicants: Entergy Services, Inc. Comment Date: 5 p.m. Eastern Time Reedy Creek Improvement District, First Description: Entergy Services, Inc. on on Friday, January 20, 2006. Revised Schedule No. 119. behalf of Entergy Arkansas, Inc. submits Docket Numbers: ER06–443–000. Filed Date: December 30, 2005. a Service Agreement providing for cost- Applicants: Select Energy, Inc. Accession Number: 20060103–0006. based, short term, power sales to the Description: Select Energy Inc., Comment Date: 5 p.m. Eastern Time City of Prescott, Arkansas and on Northeast Utilities Service Co. et al on Friday, January 20, 2006. January 4, 2006 submitted copies of submit a Notice of Amendments to Docket Numbers: ER06–432–000. signature page of executed service Power Sales Agreements and Applicants: Southwest Power Pool, agreement. Termination of Rate Schedules with Inc. Filed Date: December 30, 2005. Groveland Electric Light Department et Description: Southwest Power Pool Accession Number: 20060103–0011. al. submits revisions to its Open Access Comment Date: 5 p.m. Eastern Time Filed Date: December 30, 2005. Transmission Tariff consistent with on Friday, January 20, 2006. Accession Number: 20060105–0062. Order 663. Docket Numbers: ER06–438–000. Comment Date: 5 p.m. Eastern Time Filed Date: December 30, 2005. Applicants: New England Power Pool. on Friday, January 20, 2006.
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Docket Numbers: ER06–444–000. eLibrary system by clicking on the interconnection facilities located in Applicants: Western Kentucky Energy appropriate link in the above list. They Audrain County, Missouri. Corp.; and LG&E Energy Marketing Inc. are also available for review in the Comment Date: January 30, 2006. Description: Application of Western Commission’s Public Reference Room in 3. Union Electric Company and Aquila Kentucky Energy Corp. & LG&E Energy Washington, DC. There is an Piatt County Power, L.L.C.; MEP Flora Marketing, Inc. for approval of eSubscription link on the Web site that Power, LLC; Aquila Merchant Services, reassignment of Network Transmission enables subscribers to receive e-mail Inc. Rights & Confirmation of Waviers & notification when a document is added Blanket Authorizations. to a subscribed dockets(s). For [Docket Nos. EC06–56–000; ER06–410–000] Filed Date: December 30, 2005. assistance with any FERC Online Take notice that on December 28, Accession Number: 20060105–0065. service, please e-mail 2005, Union Electric Company, MEP Comment Date: 5 p.m. Eastern Time [email protected] or call Flora Power, LLC (MEP Flora), Aquila on Friday, January 20, 2006. (866) 208–3676 (toll free). For TTY, call Piatt County Power, L.L.C. (Aquila Piatt Docket Numbers: ER06–445–000. (202) 502–8659. County and together with MEP Flora, Applicants: PJM Interconnection Sellers), and Aquila Merchant Services, Magalie R. Salas, L.L.C. Inc. (Aquila Merchant Services) Description: PJM Interconnection, Secretary. (collectively, Applicants) jointly LLC submits an executed [FR Doc. E6–483 Filed 1–18–06; 8:45 am] submitted an application (Application) Interconnection Service Agreement w/ BILLING CODE 6717–01–P pursuant to sections 203 and 205 of the Prime Energy Limited Partnership and Federal Power Act and Parts 33 and 35 PSE&G Services Corp. of the regulations of the Commission for Filed Date: December 30, 2005. DEPARTMENT OF ENERGY Accession Number: 20060105–0131. all necessary Commission Comment Date: 5 p.m. Eastern Time Federal Energy Regulatory authorizations and approvals for: (1) the on Friday, January 20, 2006. Commission sale of Sellers’ interest in two generating facilities located in southern Illinois, the Any person desiring to intervene or to [Docket Nos. EC06–54–000, et al.] protest in any of the above proceedings Raccoon Creek and Goose Creek generating facilities, to AmerenUE; (2) must file in accordance with Rules 211 Duke Energy Marketing America, LLC, approving the assignment to AmerenUE and 214 of the Commission’s Rules of et al.; Electric Rate and Corporate of Aquila Merchant Services’ existing Practice and Procedure (18 CFR 385.211 Filings and 385.214) on or before 5 p.m. Eastern Master Purchase and Sale Agreement time on the specified comment date. It January 10, 2005. dated December 17, 2004 (the PPA) with is not necessary to separately intervene The following filings have been made Illinois Power Company d/b/a again in a subdocket related to a with the Commission. The filings are AmerenIP (AmerenIP); and (3) accepting compliance filing if you have previously listed in ascending order within each the PPA and authorizing sales by intervened in the same docket. Protests docket classification. AmerenUE to AmerenIP pursuant to the will be considered by the Commission PPA. 1. Duke Energy Marketing America, Comment Date: January 23, 2006. in determining the appropriate action to LLC and J. Aron & Company be taken, but will not serve to make 4. Blue Canyon Windpower II LLC; Flat protestants parties to the proceeding. [Docket No. EC06–54–000] Rock Windpower LLC Anyone filing a motion to intervene or Take notice that on December 28, [Docket No. EC06–57–000] protest must serve a copy of that 2005, Duke Energy Marketing America, document on the Applicant. In reference LLC (DEMA) and J. Aron & Company (J. Take notice that on December 30, to filings initiating a new proceeding, Aron) (collectively, Applicants) filed 2005, Blue Canyon Windpower II LLC interventions or protests submitted on with the Commission an application (Blue Canyon II) and Flat Rock or before the comment deadline need pursuant to section 203 of the Federal Windpower LLC (Flat Rock not be served on persons other and the Power Act for authorization of the (collectively, Applicants) submitted an Applicant. transfer by DEMA of a wholesale power application pursuant to section 203 of The Commission encourages transaction to J. Aron. Applicants have the Federal Power Act for authorization electronic submission of protests and requested privileged treatment for for the disposition of jurisdictional interventions in lieu of paper, using the commercially sensitive information facilities related to the internal FERC Online links at http:// contained in the application. corporate reorganization of Applicants’ www.ferc.gov. To facilitate electronic Comment Date: 5 p.m. Eastern Time upstream ownership. Blue Canyon II is service, persons with Internet access on January 23, 2006. an exempt wholesale generator that is constructing and will own and operate who will eFile a document and/or be 2. Union Electric Company d/b/a listed as a contact for an intervenor a 151 MW wind farm located in AmerenUE and NRG Audrain southwestern Oklahoma. Flat Rock is an must create and validate an Generating, LLC eRegistration account using the exempt wholesale generator that is eRegistration link. Select the eFiling [Docket No. EC06–55–000] constructing and will own and operate link to log on and submit the Take notice that on December 28, a 231 MW wind farm located in Lewis intervention or protests. 2005, Union Electric Company d/b/a County, New York. Persons unable to file electronically AmerenUE, and NRG Audrain Comment Date: 5 p.m. Eastern Time should submit an original and 14 copies Generating, LLC jointly submitted an on January 23, 2006. of the intervention or protest to the application pursuant to Section 203 of 5. Western Kentucky Energy Corp.; Federal Energy Regulatory Commission, the Federal Power Act and Part 33 the LG&E Energy Marketing Inc. 888 First St., NE., Washington, DC sale by NRG Audrain to AmerenUE of 20426. NRG Audrain’s interest in a 640 MW [Docket No. EC06–58–000] The filings in the above proceedings simple-cycle, natural gas-fired power Take notice that on December 30, are accessible in the Commission’s generation facility and associated 2005, Western Kentucky Energy Corp.
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(WKEC) and LG&E Energy Marketing accordance with Rules 211 and 214 of amendments by Hardee Power and Inc. (LEM) (collectively, the Applicants) the Commission’s Rules of Practice and Invenergy also included. tendered for filing pursuant to section Procedure (18 CFR 385.211, 385.214). Filed Date: 12/22/2005. 203 of the Federal Power Act, for Protests will be considered by the Accession Number: 20051230–0048. authorization of a disposition of Commission in determining the Comment Date: 5 p.m. eastern time on jurisdictional facilities in connection appropriate action to be taken, but will Thursday, January 12, 2006. with an intra-corporate consolidation of not serve to make protestants parties to Docket Numbers: ER06–375–000. various contracts, rights and obligations. the proceeding. Any person wishing to Applicants: Southern Company Applicants state that the proposed become a party must file a notice of Services, Inc. transactions are intended to consolidate intervention or motion to intervene, as Description: Southern Co. Services, in one entity, WKEC, to the maximum appropriate. Such notices, motions, or Inc agent for Alabama Power Co. et al extent possible, the operation and protests must be filed on or before the submits the Rollover Service Agreement maintenance of, and sale of power comment date. On or before the for Long-Term Firm Point-to-Point generated by, certain generating plants comment date, it is not necessary to Transmission Service under Open located in Western Kentucky. serve motions to intervene or protests Access Transmission Tariff etc. Applicants request flexibility with on persons other than the Applicant. Filed Date: 12/22/2005. respect to how the transaction will be The Commission encourages Accession Number: 20051228–0065. consummated. electronic submission of protests and Comment Date: 5 p.m. eastern time on Comment Date: 5 p.m. Eastern Time interventions in lieu of paper using the Thursday, January 12, 2006. on January 23, 2006. ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically Docket Numbers: ER06–424–000. 6. PacifiCorp; TransAlta Centralia Applicants: Elkem Metals Company— Generation LLC should submit an original and 14 copies of the protest or intervention to the Alloy L.P. [Docket No. EC06–59–000] Federal Energy Regulatory Commission, Description: Elkem Metals Co.— Take notice that on January 5, 2006, 888 First Street, NE., Washington, DC Alloy, LP submits the Shared Facilities PacifiCorp and TransAlta Centralia 20426. Agreement with West Virginia Alloys, Generation LLC (collectively, This filing is accessible on-line at Inc. Applicants) pursuant to section 203 of http://www.ferc.gov, using the Filed Date: 12/20/2005. the Federal Power Act submit a joint ‘‘eLibrary’’ link and is available for Accession Number: 20051230–0066. application for authorization of a review in the Commission’s Public Comment Date: 5 p.m. eastern time on disposition of jurisdictional facilities Reference Room in Washington, DC. Thursday, January 12, 2006. whereby PacifiCorp will sell and There is an ‘‘eSubscription’’ link on the Docket Numbers: ER06–388–000. TransAlta Centralia Generation LLC will Web site that enables subscribers to Applicants: Kentucky Utilities acquire a 3-mile unidirectional 230 kV receive e-mail notification when a Company. transmission line and related facilities document is added to a subscribed Description: Kentucky Utilities Co. extending from and including the tap docket(s). For assistance with any FERC submits an amendment to a contract and disconnecting switches near Tower Online service, please e-mail with the City of Barbourville, Kentucky. No. 47 of BPA’s Chehalis-Covington [email protected], or call Filed Date: 12/27/2005. Line to the dead-end structures at the (866) 208–3676 (toll free). For TTY, call Accession Number: 20051229–0188. Generating Plant, and all associated (202) 502–8659. Comment Date: 5 p.m. eastern time on easements and rights-of-way located Tuesday, January 17, 2006. Magalie R. Salas, near Centralia, Washington. Docket Numbers: ER06–389–000. Secretary. Comment Date: 5 p.m. Eastern Time Applicants: Kentucky Utilities on January 26, 2006. [FR Doc. E6–496 Filed 1–18–06; 8:45 am] Company. BILLING CODE 6717–01–P 7. United States Department of Energy; Description: Kentucky Utilities Co. Western Area Power Administration submits an amendment to a contract DEPARTMENT OF ENERGY with City of Bardstown, KY. [Docket No. EF06–5111–000] Filed Date: 12/27/2005. Take notice that on December 27, Federal Energy Regulatory Accession Number: 20051229–0187. 2005, the Deputy Secretary of the Commission Comment Date: 5 p.m. eastern time on Department of Energy, confirmed and Tuesday, January 17, 2006. approved Rate Order No. WAPA–124 Combined Notice of Filings #1 Docket Numbers: ER06–390–000. and Rate Schedules CAP–FT2, CAP Applicants: Kentucky Utilities NFT2, and CAP–NITS2 for the Central January 6, 2006. Company. Arizona Project transmission services. Take notice that the Commission Description: Kentucky Utilities Co. Rate Schedules CAP–FT2, CAP–NFT2, received the following electric rate submits amendments to a contract and CAP–NITS2 will be placed into filings: between the City of Bardwell, KY. effect on an interim basis effective Docket Numbers: ER05–717–003; Filed Date: 12/27/2005. January 1, 2006. These Rate Schedule ER05–721–003; ER04–374–002; ER99– Accession Number: 20051229–0189. will be submitted for conformation and 2341–005. Comment Date: 5 p.m. eastern time on approval on a final basis effective Applicants: Spring Canyon Energy Tuesday, January 17, 2006. January 1, 2006, and ending December LLC; Judith Gap Energy LLC; Invenergy 31, 2010. TN LLC; Hardee Power Partners Docket Numbers: ER06–391–000. Comment Date: 5 p.m. Eastern Time Limited. Applicants: Kentucky Utilities on January 20, 2006. Description: Spring Canyon Energy Company. LLC, Judith Gap Energy LLC et al submit Description: Kentucky Utilities Standard Paragraph a notice of certain changes in the submits an amendment to a contract Any person desiring to intervene or to characteristics relied upon to grant with Benham, KY. protest this filing must file in market-based rate authority; tariff Filed Date: 12/27/2005.
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Accession Number: 20051229–0168. Docket Numbers: ER06–398–000; must file in accordance with Rules 211 Comment Date: 5 p.m. eastern time on ER06–399–000. and 214 of the Commission’s Rules of Tuesday, January 17, 2006. Applicants: Duquesne Keystone, LLC; Practice and Procedure (18 CFR 385.211 Docket Numbers: ER06–392–000. Duquesne Conemaugh, LLC. and 385.214) on or before 5 p.m. eastern Applicants: Kentucky Utilities Description: Application of Duquesne time on the specified comment date. It Company. Keystone, LLC & Duquesne Conemaugh, is not necessary to separately intervene Description: Kentucky Utilities Co. LLC for order accepting initial market- again in a subdocket related to a submits an amendment to a contract based tariff and granting certain waivers compliance filing if you have previously with City of Falmouth, KY. and blanket approvals and notice of intervened in the same docket. Protests Filed Date: 12/27/2005. change in status. will be considered by the Commission Filed Date: 12/27/2005. Accession Number: 20051229–0169. in determining the appropriate action to Accession Number: 20051229–0191. Comment Date: 5 p.m. eastern time on be taken, but will not serve to make Tuesday, January 17, 2006. Comment Date: 5 p.m. eastern time on Tuesday, January 17, 2006. protestants parties to the proceeding. Docket Numbers: ER06–393–000. Anyone filing a motion to intervene or Docket Numbers: ER06–400–000. Applicants: Kentucky Utilities protest must serve a copy of that Applicants: MidAmerican Energy Company. document on the Applicant. In reference Company. Description: Kentucky Utilities Co. to filings initiating a new proceeding, submits an amendment to a contract Description: MidAmerican Energy Co. submits First Revised Sheet No. 13 et al interventions or protests submitted on with City of Frankfort, KY. or before the comment deadline need Filed Date: 12/27/2005. to Third Revised FERC Rate Schedule No. 62, Electric Transmission not be served on persons other and the Accession Number: 20051229–0170. Applicant. Comment Date: 5 p.m. eastern time on Interconnection Agreement with Corn Tuesday, January 17, 2006. Belt Power Cooperative etc. The Commission encourages Filed Date: 12/27/2005. electronic submission of protests and Docket Numbers: ER06–394–000. Accession Number: 20051229–0192. Applicants: Kentucky Utilities interventions in lieu of paper, using the Comment Date: 5 p.m. eastern time on FERC Online links at http:// Company. Tuesday, January 17, 2006. Description: Kentucky Utilities Co. www.ferc.gov. To facilitate electronic submits an amendment to a contract Docket Numbers: ER06–401–000. service, persons with Internet access Applicants: Avista Corporation. with the City of Paris, KY. who will eFile a document and/or be Description: Avista Corporation Filed Date: 12/27/2005. listed as a contact for an intervenor submits a non-conforming agreement Accession Number: 20051229–0171. must create and validate an under its Open Access Transmission Comment Date: 5 p.m. eastern time on eRegistration account using the Tariff, Original Volume No. 8 consisting Tuesday, January 17, 2006. eRegistration link. Select the eFiling of an Interconnection & Operating link to log on and submit the Docket Numbers: ER06–395–000. Agreement with Kootenia Electric Coop, intervention or protests. Applicants: Kentucky Utilities Inc. Company. Filed Date: 12/27/2005. Persons unable to file electronically Description: Kentucky Utilities Co. Accession Number: 20051229–0064. should submit an original and 14 copies submit an amendment to a contract with Comment Date: 5 p.m. eastern time on of the intervention or protest to the the City of Madisonville, KY. Tuesday, January 17, 2006. Federal Energy Regulatory Commission, Filed Date: 12/27/2005. Docket Numbers: ER06–402–000. 888 First St., NE., Washington, DC Accession Number: 20051229–0172. Applicants: Avista Corporation. 20426. Comment Date: 5 p.m. eastern time on Description: Avista Corporation Tuesday, January 17, 2006. The filings in the above proceedings submits a non-conforming agreement are accessible in the Commission’s Docket Numbers: ER06–396–000. under its Open Access Transmission eLibrary system by clicking on the Applicants: Entergy Services, Inc. Tariff, Original Volume No. 8 consisting appropriate link in the above list. They Description: Entergy Services, Inc. as of an Interconnection & Operating agent for the Entergy Operating are also available for review in the Agreement with Big Bend Electric Coop, Commission’s Public Reference Room in Companies submits a mutually-executed Inc. Washington, DC. There is an Sixth Revised Network Integration Filed Date: 12/27/2005. Transmission Service Agreement with Accession Number: 20051229–0065. eSubscription link on the Web site that East Texas Electric Coop, Inc et al. Comment Date: 5 p.m. eastern time on enables subscribers to receive e-mail Filed Date: 12/27/2005. Tuesday, January 17, 2006. notification when a document is added to a subscribed dockets(s). For Accession Number: 20051229–0173. Docket Numbers: ER06–403–000. Comment Date: 5 p.m. eastern time on Applicants: Avista Corporation. assistance with any FERC Online Tuesday, January 17, 2006. Description: Avista Corp submits a service, please e-mail Docket Numbers: ER06–397–000. non-conforming agreement under its [email protected] or call Applicants: American Electric Power Open Access Transmission Tariff, (866) 208–3676 (toll free). For TTY, call Service Corporation. Original Volume No. 8 & an (202) 502–8659. Description: American Electric Power interconnection & operating agreement Magalie R. Salas, Service Corp as agent for its affiliates with Public Utility District 1 of Asotin Secretary. Ohio Power Co. et al submit an County etc. Interconnection Agreement with West Filed Date: 12/27/2005. [FR Doc. E6–497 Filed 1–18–06; 8:45 am] Penn Power & Monongahela Power Co. Accession Number: 20051229–0066. BILLING CODE 6717–01–P Filed Date: 12/27/2005. Comment Date: 5 p.m. eastern time on Accession Number: 20051229–0174. Tuesday, January 17, 2006. Comment Date: 5 p.m. eastern time on Any person desiring to intervene or to Tuesday, January 17, 2006. protest in any of the above proceedings
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DEPARTMENT OF ENERGY Filed Date: January 5, 2006. Standard Large Generator Accession Number: 20060109–0096. Interconnection Procedures and Large Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time Generator Interconnection Agreement. Commission on Thursday, January 26, 2006. Filed Date: January 5, 2006. Docket Numbers: ER06–200–002. Accession Number: 20060109–0105. Combined Notice of Filings #2 Applicants: Big Horn Wind Project Comment Date: 5 p.m. Eastern Time January 11, 2006. LLC. on Thursday, January 26, 2006. Take notice that the Commission Description: Big Horn Wind Project Docket Numbers: ER06–459–000. received the following electric rate LLC submits First Revised Tariff sheets Applicants: IPP Energy LLC. filings. to its FERC Electric Tariff, Original Description: IPP Energy, LLC submits the amended application for an order Docket Numbers: ER04–268–002; Volume No.1. Filed Date: January 5, 2006. accepting market based rate schedule, ER98–4159–005; ER99–1293–004. Accession Number: 20060109–0098. Applicants: Duquesne Power, L.P.; waiving regulations and granting Comment Date: 5 p.m. Eastern Time Duquesne Light Co.; Monmouth Energy, blanket approvals. on Thursday, January 26, 2006. Filed Date: January 4, 2006. Inc. Description: Notice of Change in Docket Numbers: ER06–454–000. Accession Number: 20060111–0020. Comment Date: 5 p.m. Eastern Time Status re Duquesne LP, Duquesne Light Applicants: California Independent on Thursday, January 19, 2006. Co, and Monmouth Energy Inc. System Operator Corporation. Filed Date: January 5, 2006. Description: California Independent Docket Numbers: ER06–460–000. Accession Number: 20060109–0099. System Operator Corp. submits this Applicants: Old Dominion Electric Comment Date: 5 p.m. Eastern Time informational filing pursuant to a Cooperative. on Thursday, January 26, 2006. Stipulation and Agreement approval by Description: Old Dominion Electric Docket Numbers: ER04–994–001; the Commission on May 28, 1999. Cooperative submits the application for ER04–657–006; ER04–660–006; ER04– Filed Date: January 5, 2006. providing cost-based reactive power and 659–006. Accession Number: 20060109–0111. voltage control from generation sources Applicants: Boston Generating, LLC; Comment Date: 5 p.m. Eastern Time service etc. Mystic I, LLC; Mystic Development, on Thursday, January 26, 2006. Filed Date: January 6, 2006. LLC; Fore River Development, LLC. Docket Numbers: ER06–455–000. Accession Number: 20060111–0024. Description: Boston Generating et al. Applicants: Duquesne Power, LLC. Comment Date: 5 p.m. Eastern Time submits notification of non-material Description: Duquesne Power LLCP on Friday, January 27, 2006. change in status related to market rate submits notice of succession to all rate Docket Numbers: ER94–1188–037; authority granted to the Applicants. schedules and supplements filed by ER98–4540–006; ER99–1623–006; Filed Date: January 5, 2006. Duquesne Power, L.P. ER98–1279–008; EL05–99–001. Accession Number: 20060109–0097. Filed Date: January 5, 2006. Applicants: LG&E Energy Marketing Comment Date: 5 p.m. Eastern Time Accession Number: 20060109–0103. Inc.; Louisville Gas & Electric Company; on Thursday, January 26, 2006. Comment Date: 5 p.m. Eastern Time Kentucky Utilities Company, Western Docket Numbers: ER05–1472–002. on Thursday, January 26, 2006. Kentucky Energy Corporation; LG&E Applicants: Michigan Electric Docket Numbers: ER06–456–000. Energy Marketing Inc., et al. Transmission Co., LLC. Applicants: PJM Interconnection, Description: LG&E Energy Marketing, Description: Michigan Electric L.L.C. Inc et al. submits Second Revised Sheet Transmission Co., LLC submits Description: PJM Interconnection, No. 1 et al. to Rate Schedule FERC No. revisions to its Interconnection LLC submits a report of the allocations 1 in compliance with FERC’s December Facilities Agreement in compliance of cost responsibility for certain 1, 2005 Order. with Order December 7, 2005. transmission upgrades approved by the Filed Date: January 3, 2006. Filed Date: January 4, 2006. Board of Managers as part of their Accession Number: 20060111–0018. Accession Number: 20060111–0019. Regional Transmission Expansion Plan Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time etc. on Tuesday, January 24, 2006. on Wednesday, January 25, 2006. Filed Date: January 5, 2006. Any person desiring to intervene or to Docket Numbers: ER05–406–000. Accession Number: 20060109–0041. protest in any of the above proceedings Applicants: Williams Power Comment Date: 5 p.m. Eastern Time must file in accordance with Rules 211 Company, Inc. on Thursday, January 26, 2006. and 214 of the Commission’s Rules of Description: Williams Power Co. Inc. Docket Numbers: ER06–457–000. Practice and Procedure (18 CFR 385.211 et al. submits an Offer of Settlement Applicants: Ameren Services and 385.214) on or before 5 p.m. Eastern establishing the terms and conditions Company. time on the specified comment date. It for service under Reliability Must-Run Description: Ameren Services Co. on is not necessary to separately intervene Agreement with Williams and the behalf of Central Illinois Light Co. dba again in a subdocket related to a CAISO. AmerenCILCO et al. submits an compliance filing if you have previously Filed Date: January 6, 2006. executed Transmission Interconnection intervened in the same docket. Protests Accession Number: 20060110–0010. Agreement with the City of Springfield, will be considered by the Commission Comment Date: 5 p.m. Eastern Time Illinois et al. in determining the appropriate action to on Friday, January 27, 2006. Filed Date: January 5, 2006. be taken, but will not serve to make Docket Numbers: ER06–74–001. Accession Number: 20060109–0104. protestants parties to the proceeding. Applicants: Commonwealth Edison Comment Date: 5 p.m. Eastern Time Anyone filing a motion to intervene or Company. on Thursday, January 26, 2006. protest must serve a copy of that Description: Commonwealth Edison Docket Numbers: ER06–458–000. document on the Applicant. In reference Co submits a cancelled designation Applicants: El Paso Electric Company. to filings initiating a new proceeding, effective date of January 1, 2006 Rate Description: El Paso Electric Co. interventions or protests submitted on Schedule No. 80. submits changes to the Pro Forma or before the comment deadline need
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not be served on persons other and the Applicants: Participating Filed Date: January 3, 2006. Applicant. Transmission Owners. Accession Number: 20060105–0061. The Commission encourages Description: Participating Comment Date: 5 p.m. Eastern Time electronic submission of protests and Transmission Owners correct error in on Tuesday, January 24, 2006. interventions in lieu of paper, using the October 7, 2005 filing proposing to Docket Numbers: ER06–450–000. FERC Online links at http:// modify ISO–NE’s OATT. Applicants: Midwest Independent www.ferc.gov. To facilitate electronic Filed Date: January 4, 2006. Transmission System Operator, Inc. service, persons with Internet access Accession Number: 20060105–0149. Description: Midwest Independent who will eFile a document and/or be Comment Date: 5 p.m. Eastern Time Transmission System Operator, Inc. listed as a contact for an intervenor on Wednesday, January 25, 2006. submits revisions to their Open Access must create and validate an Docket Numbers: ER06–120–001. Transmission & Energy Markets Tariff, eRegistration account using the Applicants: Duke Energy Corporation. FERC Electric Tariff, Third Revised eRegistration link. Select the eFiling Description: Duke Energy Corp.’s Volume No. 1. link to log on and submit the response to FERC’s December 21, 2005 Filed Date: January 4, 2006. intervention or protests. Data Request regarding the Catawba Accession Number: 20060105–0150. Persons unable to file electronically Nuclear Station Joint Ownership Comment Date: 5 p.m. Eastern Time should submit an original and 14 copies Support Agreement etc. with Piedmont on Wednesday, January 25, 2006. of the intervention or protest to the Municipal Power Agency. Docket Numbers: ER06–451–000. Federal Energy Regulatory Commission, Filed Date: January 4, 2006. Applicants: Southwest Power Pool, 888 First St., NE., Washington, DC Accession Number: 20060105–0067. Inc. 20426. Comment Date: 5 p.m. Eastern Time Description: Southwest Power Pool, The filings in the above proceedings on Wednesday, January 25, 2006. Inc. submits proposed changes to its are accessible in the Commission’s Docket Numbers: ER06–446–000. Open Access Transmission Tariff to eLibrary system by clicking on the Applicants: Connecticut Light & implement a real-time energy imbalance appropriate link in the above list. They Power Company. market. are also available for review in the Description: Northeast Utilities Filed Date: January 4, 2006. Commission’s Public Reference Room in Service Co. on behalf of Connecticut Accession Number: 20060105–0066. Washington, DC. There is an Light and Power Co. et al. submits a Comment Date: 5 p.m. Eastern Time eSubscription link on the Web site that notice of termination to the on Wednesday, January 25, 2006. enables subscribers to receive e-mail Dispatchable System Power Sales Docket Numbers: ER06–452–000. notification when a document is added Agreement with Sterling Municipal Applicants: East Central Area to a subscribed dockets(s). For Light Department. Reliability Council. assistance with any FERC Online Filed Date: January 3, 2006. Description: East Central Area Accession Number: 20060105–0132. service, please e-mail Reliability Council, on behalf of its Comment Date: 5 p.m. Eastern Time [email protected]. or call members Allegheny Power et al. on Tuesday, January 24, 2006. (866) 208–3676 (toll free). For TTY, call submits its Notice of Cancellation of its (202) 502–8659. Docket Numbers: ER06–447–000. Inadvertent Settlement Tariff with a Applicants: Southwest Power Pool, Magalie R. Salas, requested effective date of January 1, Inc. 2006. Secretary. Description: Southwest Power Pool, [FR Doc. E6–558 Filed 1–18–06; 8:45 am] Inc. submits an executed Amended & Filed Date: January 4, 2006. Accession Number: 20060109–0100. BILLING CODE 6717–01–P Restated Interconnection Agreement with SPP, Public Service Co. of Comment Date: 5 p.m. Eastern Time Oklahoma & Western Farmer Electric on Wednesday, January 25, 2006. DEPARTMENT OF ENERGY Cooperative, designated Service Any person desiring to intervene or to Agreement No. 1160. protest in any of the above proceedings Federal Energy Regulatory Filed Date: January 3, 2006. must file in accordance with Rules 211 Commission Accession Number: 20060105–0133. and 214 of the Commission’s Rules of Comment Date: 5 p.m. Eastern Time Practice and Procedure (18 CFR 385.211 Combined Notice of Filings #1 on Tuesday, January 24, 2006. and 385.214) on or before 5 p.m. Eastern January 11, 2006. Docket Numbers: ER06–448–000. time on the specified comment date. It Take notice that the Commission Applicants: Southwest Power Pool, is not necessary to separately intervene received the following electric rate Inc. again in a subdocket related to a filings: Description: Southwest Power Pool, compliance filing if you have previously Docket Numbers: ER05–1506–001. Inc. submits unexecuted service intervened in the same docket. Protests Applicants: American Transmission agreement for Network Integration will be considered by the Commission Co., LLC; Midwest Independent Transmission Service between SPP & in determining the appropriate action to Transmission System Operator, Inc. Oklahoma Municipal Power Authority. be taken, but will not serve to make Description: American Transmission Filed Date: January 3, 2006. protestants parties to the proceeding. Co., LLC et al submits Third Revised Accession Number: 20060105–0106. Anyone filing a motion to intervene or Sheet Nos. 1346 and 1346–A to FERC Comment Date: 5 p.m. Eastern Time protest must serve a copy of that Electric Tariff, Third Revised Volume on Tuesday, January 24, 2006. document on the Applicant. In reference No. 1 in compliance with FERC’s order Docket Numbers: ER06–449–000. to filings initiating a new proceeding, dated December 20, 2005. Applicants: Florida Power interventions or protests submitted on Filed Date: January 4, 2006. Corporation. or before the comment deadline need Accession Number: 20060105–0146. Description: Florida Power Corp. not be served on persons other and the Comment Date: 5 p.m. Eastern Time amends Exhibit A of the Revised Applicant. on Wednesday, January 25, 2006. Contract for Interchange Service w/ The Commission encourages Docket Numbers: ER06–17–001. Orlando Utilities Commission. electronic submission of protests and
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interventions in lieu of paper, using the The EA contains the staff’s analysis of Millennium Pipeline Project 1 and the FERC Online links at http:// the potential environmental impacts of related projects proposed by other www.ferc.gov. To facilitate electronic the proposal and concludes that pipeline companies. These related service, persons with Internet access approval of the proposal would not projects are: Columbia Gas who will eFile a document and/or be constitute a major Federal action Transmission Corporation’s (Columbia) listed as a contact for an intervenor significantly affecting the quality of the Line A–5 Replacement Project, Empire must create and validate an human environment. Pipeline, Inc.’s (Empire) Empire eRegistration account using the A copy of the EA is attached to a Connector Project, Algonquin Gas eRegistration link. Select the eFiling Commission Order entitled ‘‘Order Transmission’s (Algonquin) Ramapo link to log on and submit the Modifying and Approving Non-Project Expansion Project, and Iroquois Gas intervention or protests. Use of Project Lands and Waters’’ issued Transmission System, L.P.’s Persons unable to file electronically on January 5, 2006 (See 114 FERC ¶ MarketAccess Project. Together, these should submit an original and 14 copies 62,006) which is available for review at projects are referred to as the Northeast of the intervention or protest to the the Commission in the Public Reference (NE)–07 Project. Federal Energy Regulatory Commission, Room, or it may be viewed on the The SEIS will incorporate by 888 First St., NE., Washington, DC Commission’s Web site at http:// reference the analyses completed in the 20426. www.ferc.gov using the eLibrary link. Final EIS for the Millennium Pipeline The filings in the above proceedings Enter the docket number (prefaced by Project and the environmental are accessible in the Commission’s P-) and excluding the last three digits, assessment (EA) issued for the eLibrary system by clicking on the in the docket number field to access the Brookfield Project. It will address the appropriate link in the above list. They document. For assistance, please contact impacts of the facility modifications are also available for review in the FERC Online Support at including route changes proposed by Commission’s Public Reference Room in [email protected] or toll- Millennium for the Phase I Project and Washington, DC. There is an free (866) 208–3676, or for TTY, contact Columbia for the Line A–5 Replacement eSubscription link on the Web site that (202) 502–8659. Project and the new facilities proposed enables subscribers to receive e-mail by Empire, Algonquin, and Iroquois. notification when a document is added For further information, contact Jon This notice announces the opening of to a subscribed dockets(s). For Cofrancesco at 202–502–8951. the scoping period that will be used to assistance with any FERC Online Magalie R. Salas, gather environmental information from service, please e-mail Secretary. the public and interested agencies on [email protected]. or call [FR Doc. E6–488 Filed 1–18–06; 8:45 am] the NE–07 Project. Please note that the (866) 208–3676 (toll free). For TTY, call scoping period will close on February (202) 502–8659. BILLING CODE 6717–01–P 10, 2006. Details on how to submit comments are provided in the Public Magalie R. Salas, DEPARTMENT OF ENERGY Participation section of this notice. Secretary. This notice is being sent to potentially [FR Doc. E6–559 Filed 1–18–06; 8:45 am] Federal Energy Regulatory affected landowners along the NE–07 BILLING CODE 6717–01–P Commission Project route and within a half mile of the new and modified compressor Notice of Intent to Prepare a stations; Federal, state, and local DEPARTMENT OF ENERGY Supplemental Environmental Impact government agencies; elected officials; Federal Energy Regulatory Statement for the Proposed Millennium environmental and public interest Commission Phase I Project, Columbia Line A–5 groups; Native American tribes; and Replacement Project, Empire local libraries and newspapers. Connector Project, Algonquin Ramapo With this notice, we 2 are asking [Project No. 2210–116] Expansion Project, and Iroquois Federal, state, and local agencies with Marketaccess Project and Request for Appalachian Power Company; Notice jurisdiction and/or special expertise Comments on Environmental Issues of Availability of Environmental with respect to environmental issues to Assessment cooperate with us in the preparation of January 10, 2006. the SEIS. These agencies may choose to January 10, 2006. In the matter of: Millennium Pipeline participate once they have evaluated the Company L.P., Columbia Gas Transmission In accordance with the National proposal relative to their Corporation, Empire Pipeline, Inc., responsibilities. Agencies which would Environmental Policy Act of 1969 and Algonquin Gas Transmission LLC, Iroquois like to request cooperating status should the Federal Energy Regulatory Gas Transmission System, L.P., Docket Nos. Commission’s (Commission) CP98–150–006 and –007, CP05–19–000, follow the instructions for filing regulations, 18 CFR part 380 (Order No. CP06–5–000, PF06–5–000, PF06–6–000. comments described later in this notice. 486, 52 FR 47897), the Office of Energy We encourage government Projects’ staff has prepared an The staff of the Federal Energy representatives to notify their Environmental Assessment (EA) for Regulatory Commission (FERC or constituents of this planned project and Appalachian Power Company’s Commission) will prepare a application requesting Commission supplemental environmental impact 1 On September 19, 2002, the Commission issued statement (SEIS) that discusses the an order approving construction of the Millennium approval of a non-project use of project Pipeline Project in Docket Nos. CP98–150 et al. On lands and waters for the Smith environmental impacts of Millennium July 12, 2005, Millennium was granted approval of Mountain Pumped Storage Project, Pipeline L.P.’s (Millennium) proposed its request for an extension of time to file its FERC No. 2210. This project is located Millennium Phase I Project (Phase I implementation plan for the project and to Project) which involves design and complete construction since its amendment on the Roanoke River, in Bedford, application was expected soon. Pittsylvania, Franklin, and Campbell route changes to the pipeline facilities 2 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the Counties, Virginia. previously approved as part of the environmental staff of the Office of Energy Projects.
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encourage them to comment on their Maps illustrating the proposed pipeline. The Ramapo M&R Station areas of concern. construction are in appendix 1.3 would also be modified to allow bi- directional flow. Some affected landowners may be Proposed NE–07 Project Facilities contacted by a project representative Empire’s Empire Connector Project 5 Millennium’s amendment about the acquisition of an easement to would consist of about 80 miles of 24- applications would involve construction construct, operate, and maintain the inch-diameter pipeline extending from of Phase I facilities consisting of about proposed pipeline. If so, the company its existing pipeline in Victor, New 181.7 miles of 30-inch-diameter should seek to negotiate a mutually York, to an interconnection with the pipeline between milepost (MP) 190.6 to acceptable agreement. In the event that Millennium Pipeline near Corning, New 376.6 in Steuben, Chemung, Tioga, the NE–07 Project is certificated by the York; and about 22,000 hp of Broome, Delaware, Sullivan, Orange, Commission, that approval conveys the compression at a new compressor and Rockland Counties, New York. This station on Empire’s exiting pipeline in right of eminent domain for securing is in lieu of the originally approved easements for the pipeline. Therefore, if Oakfield, New York. project involving the construction of Algonquin’s Ramapo Expansion easement negotiations fail to produce an 373.4 miles of 36-inch-diameter agreement, the company could initiate Project would consist of: pipeline from the United States-Canada • Construction of about 4.8 miles of condemnation proceedings in border in Lake Erie to the Ramapo accordance with state law. 42-inch-diameter pipeline replacing a Metering and Regulating (M&R) Station segment of an existing 26-inch-diameter A fact sheet prepared by the FERC in Rockland County, New York; and pipeline; entitled ‘‘An Interstate Natural Gas about 50.6 miles of 24-inch-diameter • Relocation of two mainline valves Facility On My Land? What Do I Need pipeline from the Ramapo M&R Station along the replaced pipeline; To Know?’’ addresses a number of to the pipeline terminus in Mount • Modification of the crossover typically asked questions, including the Vernon, New York. Millennium would piping on-shore and west of use of eminent domain and how to also construct about 15,002 horsepower Algonquin’s Hudson River crossing in participate in the Commission’s (hp) of compressor facilities next to Rockland County, New York; proceedings. It is available for viewing Columbia’s existing Corning • Modification of facilities at the on the FERC Internet Web site (http:// Compressor Station (CS) within existing M&R 202, in Rockland County, www.ferc.gov). Columbia’s property in Steuben County, New York; New York. The Phase I Project would Background • Installation of compressor have a maximum allowable operating modifications and upgrades to add pressure (MAOP) of 1,200 pounds per In the Commission’s September 19, about 8,400 hp of compression at the square inch gauge (psig) rather than 2002 Order, Millennium was authorized existing Stony Point CS in Rockland 1,440 psig of the original project. It to construct and operate approximately County, New York; would allow for the transportation and 424 miles of pipeline (MPS 0 to 424) • Adding about 7,700 hp of delivery of about 525,400 decatherms and related facilities, and to acquire compression and related facilities and per day (Dth/d) of gas as opposed to the certain pipeline facilities from Columbia buildings at the Hanover CS in Morris 714,000 Dth/d for the original project. in New York and Pennsylvania. These County, New Jersey; The Phase I Project would include facilities (or the Authorized Pipeline) • Adding about 18,010 hp of several route variations which would be used to transport natural gas compression and related facilities and on an open-access basis from and Millennium proposes to use as the final route (these are identified below). buildings at the existing Southeast CS in interconnection with the pipeline Putnam County, New York; facilities owned by TransCanada Columbia’s Line A–5 Replacement 4 • Constructing a new M&R station in PipeLines Ltd at the United States- Project would consist of about 8.8 miles of 30-inch-diameter pipeline Brookfield, Fairfield County, Canada border in Lake Erie to Mount Connecticut, at the existing Iroquois Vernon, New York. replacing 8- and 16-inch-diameter pipeline, modifications to three existing meter site (M&R #251); and • Millennium has indicated that based M&R stations, and related facilities all Constructing the new Oxford CS on market demand at this time it is now in Orange and Rockland Counties, New which would have about 37,700 hp of proposing its Phase I Project by which York. The pipeline replacement would compression and related facilities in the it would transport gas received from occur between Columbia’s Tuxedo/ Town of Oxford, New Haven County, Empire via the proposed Empire Central Hudson and Ramapo M&R Connecticut. Expansion Project at an interconnection Stations. These two M&R stations would Algonquin’s 42-inch-diameter in Corning, New York, and from other be modified, as would a third, the pipeline would have a MAOP of 850 pipelines. It would transport gas for and Sloatsburg M&R Station, to psig. deliver gas to existing Columbia and accommodate the larger diameter Iroquois’ MarketAccess Project would new Millennium transportation consist of construction of the Brookfield customers between this point and the 3 The appendices referenced in this notice are not CS in Brookfield, Fairfield County, Phase I Project terminus at the Ramapo being printed in the Federal Register. Copies are Connecticut, which was approved by M&R Station where it would available on the Commission’s Internet Web site the Commission in Docket No. CP02– (http://www.ferc.gov) at the ‘‘eLibrary’’ link or from 6 interconnect with Algonquin’s facilities. the Commission’s Public Reference and Files 31–000. This facility would be at MP Algonquin would need to construct the Maintenance Branch at 1–202–502–8371. For proposed facilities to accommodate instructions on connecting to eLibrary refer to the 5 An NOI for the Empire Connector Project was transportation downstream of the Additional Information section of this notice. issued on October 4, 2004. 4 A Notice of Intent (NOI) to Prepare an 6 On October 21, 2002, the Commission approved Ramapo M&R Station. Similarly, Environmental Assessment and Request for the construction of the Brookfield Project which Iroquois would need to construct its comments on Environmental Issues for the Line A– included the construction of the Brookfield CS. On proposed facilities to provide 5 Replacement Project was issued on December 6, November 3, 2005, Iroquois received a letter transportation downstream from an 2004. On April 7, 2005, Columbia was informed approving its request for an extension of time to that this project would be considered with the construct the facilities authorized in this docket to interconnection with Algonquin’s amendment to the Millennium Pipeline Project and coincide with the analysis of the applications of facilities in Brookfield, Connecticut. Empire’s project that were to be filed soon. Millennium et al.
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308.83 on Iroquois’ mainline system. Between MPs 285.6 and 376.4, The Warwick Isle Route Variation That project involved the construction Millennium would install the new would be in the Town of Warwick of a 10,000 hp compressor station. pipeline within the existing pipeline between MPs 350.8 and 351.6. It is Iroquois would be amending that trench by the lift and lay method of proposed due to a new housing certificate to allow for the modification construction (except in those areas development that was constructed since of some of the compressor facilities and where variations away from the existing Millennium’s certificate was issued. would also propose the addition of gas right-of-way are proposed). Pipeline in Warwick Isle Route Variation would cooling facilities at its existing Dover CS other areas would be installed within avoid the development. It would require in Duchess County, New York, at MP either new right-of-way or adjacent to or about 11.6 acres for construction and 283.11 of Iroquois mainline system. overlapping existing pipeline or about 7.3 acres for operation. The Ramapo Expansion Project and powerline rights-of-way. The proposed compressor station the MarketAccess Project are currently Pursuant to environmental condition would be constructed within the in the preliminary stages of design and 45 of the September 19, 2002 Order, existing 60-acre Columbia Corning CS at this time a formal application has not Millennium was required to work with property. About 6.5 acres would be been filed with the Commission. For New York State Electric and Gas required permanently for the these projects, the Commission is (NYSEG) on the pipeline route along aboveground facility. An additional 6.0 initiating the National Environmental and within the existing NYSEG acres would be required as temporary Policy Act (NEPA) review prior to powerline right-of-way between MPs workspace for construction. receiving the formal application. This 232.2 and 243.5. This consultation has The estimated total construction right- allows interested stakeholders to resulted in Millennium proposing of-way requirement for the Phase I become involved early in the project pipeline realignments at three locations Project is 2,169.9 acres. This total planning and to identify and resolve some of which are outside the required includes 242 acres for construction of issues before a formal application is area of condition 45. These variations the described new compressor station filed with the FERC. Docket numbers are: the NYSEG Chemung Variation and the route variations. About 1,079.6 (PF06–5–000 and PF06–6–000) have between MPs 198.0 and 203.6, the acres would be used as temporary been established to place information NYSEG Tioga-Broome Variation workspace including about 138.9 acres filed by Algonquin and Iroquois and between MPs 232.2 and 245.0, and the for storage yards. The permanent right- related documents issued or received by NYSEG Delaware Variation between of-way would require about 1,132.3 the Commission, into the public MPS 284.4 and 284.9. The three acres which includes about 135.7 acres record.7 Once formal applications are variations are referred to collectively as of permanent requirement for the filed with the FERC, new docket the NYSEG Route Variation. It is compressor station and the permanent numbers will be established. proposed to maintain NYSEG’s buffer right-of-way along the proposed route variations. Non-Jurisdictional Facilities distance (typically about 55 feet minimum) from the electric facilities. Line A–5 Replacement Project Millennium states that Orange and The variation moves the pipeline from Rockland Utilities (O&R) would modify Columbia’s Line A–5 Replacement the center of the powerline right-of-way Project would require about 139.8 acres its distribution system near Line A–5 to and between the power poles to either insure that it has maximum flexibility to for construction based on a nominal 75- the north or south side of the right-of- foot-wide construction right-of-way and continue to receive gas from Line A–5 way as determined by terrain, during the construction period. None of including all temporary workspaces and environmental features, or landowner staging areas. About 54.3 acres would be these modifications would connect needs. The NYSEG Route Variation directly the Millennium’s facilities. required for the 50-foot-wide permanent would require about 221.7 acres for right-of-way. Most of the pipeline would O&R’s modifications would be construction and about 120.9 acres for constructed under the jurisdiction of the be installed by the lift and lay method operation. except in locations where the pipeline New York State Public Service Millennium now proposes to use a Commission (NYSPSC). route would deviate from the Line A–5 7.1-mile-long segment of the existing right-of-way. Proposed facilities at the Land Requirements for Construction Line A–5 Pipeline between MPs 340.5 M&R stations would be installed within and 347.7 rather than constructing the existing facilities, but about 1.1 Construction of the NE–07 Project across the Neversink River (MP 341.0). would require both pipeline and acres may be affected during The Neversink River has federally construction at each location. aboveground construction. Land endangered dwarf wedge mussel requirements for each applicant’s populations. This segment of the Line Empire Connector Project project are provided separately. A–5 Pipeline is 24 inches in diameter Typically, pipeline construction Phase I Project except for a 1,278-foot-long segment at would occur within a nominal 75-foot- and near the Interstate 84 crossing Typically, Millennium would use a wide right-of-way. The width of the where it is 10 inches in diameter. Other nominal 75-foot-wide construction construction right-of-way would than the change in pipeline diameter, no right-of-way and would require a 50- increase to 100 feet in agricultural areas other construction would be required foot-wide permanent right-of-way where segregated topsoil would be within this 7.1-mile-long segment. centered over the pipeline. The stored and in areas with rugged terrain Construction of this segment of 24-inch- construction right-of-way width would which would require additional right-of- diameter pipeline would require about increase to 100 feet in agricultural areas way width for tiered construction or for 2.2 acres for construction assuming a and areas of rugged terrain; additional extra workspace for spoil storage or nominal 75-foot-wide right-of-way and temporary workspaces may also be safety. Additional temporary about 1.5 acres for operation. This required on a site-specific basis. workspaces may be required on a site- change would reduce total project specific basis. 7 To view information in the dockets, follow the construction land requirements by about Pipeline construction would require instructions for using the eLibrary link at the end 65.2 acres compared to the original about 841.5 acres of which about 473.3 of this notice. Millennium Pipeline Project. acres would be included in the
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permanent right-of-way after comments received are considered —Impact on wetlands. construction. About 17.8 acres would be during the preparation of the SEIS. By • Endangered and Threatened required for construction and operation this notice, we are also asking Federal, Species. of the proposed compressor station. state, and local agencies with —Impact on Indiana bats. jurisdiction and/or special expertise Ramapo Expansion Project —Impact on bog turtles. with respect to environmental issues to • Impacts on soils. Algonquin’s Ramapo Expansion formally cooperate with us in the Project would require a total of about preparation of the SEIS. Agencies that —Restoration of soils in agricultural 60.5 acres for pipeline construction. would like to request cooperating status areas. About 44.8 acres would be within should follow the instructions for filing —Soil compaction. Algonquin’s existing permanent right- comments below. • Impacts on recreational areas. of-way. No new permanent right-of-way In the SEIS we will discuss impacts —State and local parklands. would be required for construction of that could occur as a result of the —Trail crossings. the pipeline. construction and operation of the —Harriman (Millennium, Columbia and Construction of the compressor proposed Project under these general Algonquin) and Sterling Forest State station additions would be within headings: Parks (Millennium and Columbia). property owned by Algonquin. Work at • Geology and soils. —Private recreation areas (golf courses, the Hanover CS would require about • Land use. hunting clubs, etc.). 16.8 acres of temporary workspace and • Water resources, fisheries, and • Reliability and Safety. about 13.8 acres would be affected wetlands. permanently. At the Stony Point CS, • Cultural resources. —Assessment of hazards associated about 12.8 acres would be required for • Vegetation and wildlife. with natural gas pipelines. temporary workspace and about 15.6 • Air quality and noise. —Assessment of hazards associated acres would be required permanently. • Endangered and threatened species. with compressor stations. About 14.2 acres would be required • Hazardous waste. • Air Quality and Noise. • temporarily and 9.9 acres would be Public safety. —Temporary impacts from construction required permanently at the Southeast We will also evaluate possible of the pipeline on residences. CS. The new Oxford CS would require alternatives to the proposed NE–07 —Impacts of operation of the new about 17.8 acres of temporary Project or portions of the NE–07 Project, compressor stations and compressor workspace and about 12.0 acres and make recommendations on how to station additions. lessen or avoid impacts on the various permanently. Temporary and permanent • Alternatives. workspace would be required at M&R resource areas. Station 202 and the new Brookfield Our independent analysis of the —Laurel Ridge route variation for M&R Station, but this information is issues is included in the SEIS. Columbia’s Line A–5 Replacement being developed at this time. The work Depending on the comments received Project. —Modifications to the proposed route on the crossover piping on the west side during the scoping process, the SEIS variations for Millennium’s Phase I of Algonquin’s Hudson River crossing would be published and mailed to Project. would have about 0.55 acre of both Federal, state, and local agencies, Native —Alternative locations for Algonquin’s temporary and permanent requirements. American tribes, public interest groups, interested individuals, affected proposed new Oxford CS. Market Access Project landowners, newspapers, libraries, and Public Participation The total land requirement for the Commission’s official service list for Iroquois’ Market Access Project would this proceeding. A comment period You can make a difference by be about 10.0 acres. The permanent land would be allotted for review of the SEIS. providing us with your specific requirement at the Brookfield CS would All comments received on the SEIS comments or concerns about the NE–07 be about 6.2 acres and an additional 1.1 would be considered before we make Project. By becoming a commentor, your acres would be required as temporary our recommendations to the concerns may be addressed in the SEIS workspace. Construction of the cooler Commission. The SEIS is used by the and considered by the Commission. You facilities at the Dover CS would require Commission in its decision-making should focus on the potential about 1.7 acres permanently and about process to determine whether the NE–07 environmental effects of the proposal, 1.0 acres temporarily. Project is in the public convenience and alternatives to the proposal (including necessity. alternative locations and routes), and The EIS Process To ensure your comments are measures to avoid or lessen NEPA requires the Commission to considered, please carefully follow the environmental impact. The more take into account the environmental instructions in the public participation specific your comments, the more useful impacts that could result from an action section described later in this notice. they may be. Please carefully follow whenever it considers the issuance of a these instructions to ensure that your Currently Identified Environmental Certificate of Public Convenience and comments are received in time and Issues Necessity under section 7 of the Natural properly recorded: Gas Act. NEPA also requires us to We have identified several issues that • Send an original and two copies of discover and address concerns the we think deserve attention based on a your letter to: Magalie R. Salas, public may have about proposals. This preliminary review of the proposed Secretary, Federal Energy Regulatory process is referred to as ‘‘scoping’’. The facilities and the environmental Commission, 888 First St., NE., Room main goal of the scoping process is to information provided by the applicants. 1A, Washington, DC 20426. focus the analysis in the SEIS on the This preliminary list of issues may be • Label one copy of the comments for important environmental issues. By this changed based on your comments and the attention of Gas Branch 2. Notice of Intent, the Commission staff our analysis. • Reference the docket number of the requests public comments on the scope • Water Resources. project about which you are of the issues to address in the EIS. All —Impact on water quality. commenting on the original and both
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copies. For these projects, please which would not be adequately DEPARTMENT OF ENERGY reference: represented by any other parties. You do Phase I Project—CP98–150–006 and not need intervenor status to have your Federal Energy Regulatory –007 environmental comments considered. Commission Line A–5 Replacement Project—CP05– Environmental Mailing List [Docket No. CP03–33–002] 19–000 Empire Connector Project—CP05–6–000 If you do not want to send comments Wyckoff Gas Storage Company, LLC; Ramapo Expansion Project—PF06–5– at this time, but still want to remain on Notice of Intent To Prepare an 000 our mailing list, please return the Environmental Assessment for the MarketAccess Project—PF06–6–000 attached Mailing List Retention Form Proposed Amended Wyckoff Gas • Storage Project and Request for Mail your comments so that they (Appendix 3). If you do not return the Comments on Environmental Issues will be received in Washington, DC on form, you will be taken off the mailing or before February 10, 2006. list. January 10, 2006. Please note that we are continuing to The staff of the Federal Energy experience delays in mail deliveries Additional Information Regulatory Commission (FERC or from the U.S. Postal Service. As a result, Commission) will prepare an we will include all comments that we Additional information about the environmental assessment (EA) that will receive within a reasonable time frame Project is available from the discuss the environmental impacts of in our environmental analysis of this Commission’s Office of External Affairs, the Amended Wyckoff Gas Storage project. However, the Commission at 1–866–208–FERC or on the FERC Project involving construction and strongly encourages electronic filing of Internet website (http://www.ferc.gov) operation of facilities by Wyckoff Gas any comments or interventions or using the eLibrary link. Click on the Storage Company, LLC (Wyckoff) in protests to this proceeding. See 18 CFR eLibrary link, click on ‘‘General Search’’ Steuben County, New York.1 The FERC 385.2001(a)(1)(iii) and the instructions and enter the docket number excluding Staff issued a notice of intent to prepare on the Commission’s Web site at the last three digits in the Docket an EA on the original Wyckoff Gas http://www.ferc.gov under the ‘‘e- Number field. Be sure you have selected Storage Project on February 10, 2003. Filing’’ link and the link to the User’s an appropriate date range. For The EA was issued for public comment Guide. Before you can file comments, assistance, please contact FERC Online on August 26, 2003. The certificate you will need to open a free account Support at [email protected] order was issued on October 6, 2003. which can be created on-line. or toll free at 1–866–208–3676, or for The amended project requests Becoming an Intervenor TTY, contact 1–202–502–8659. The authorization to: (1) Relocate certain of eLibrary link also provides access to the the approved facilities at its certificated In addition to involvement in the texts of formal documents issued by the storage field; (2) downsize certain of the SEIS scoping process, you may want to Commission, such as orders, notices, approved facilities; (3) permit phasing become an official party to the and rulemakings. of the construction of certain of the proceeding known as an ‘‘intervenor’’. approved facilities; and (4) confirm the However, there is no procedure for In addition, the Commission now previously approved maximum parties to become interveners during the offers a free service called eSubscription reservoir pressure for the field. This EA pre-filing process. You may request which allows you to keep track of all will be used by the Commission in its intervener status after Algonquin and formal issuances and submittals in decision-making process to determine Iroquois file their formal certificate specific dockets. This can reduce the whether the amended project is in the applications with the Commission and amount of time you spend researching public convenience and necessity. are assigned ‘‘CP’’ docket numbers. proceedings by automatically providing If you are a landowner receiving this Intervenors play a more formal role in you with notification of these filings, notice, you may be contacted by a the process. Among other things, document summaries and direct links to pipeline company representative about intervenors have the right to receive the documents. Go to http:// the acquisition of an easement to copies of case-related Commission www.ferc.gov/esubscribenow.htm. construct, operate, and maintain the documents and filings by other Finally, public meetings or site visits proposed facilities. The pipeline intervenors. Likewise, each intervenor company would seek to negotiate a must send one electronic copy (using will be posted on the Commission’s mutually acceptable agreement. the Commission’s eFiling system) or 14 calendar located at http://www.ferc.gov/ However, if the project is approved by paper copies of its filings to the EventCalendar/EventsList.aspx along the Commission, that approval conveys Secretary of the Commission and must with other related information. with it the right of eminent domain. send a copy of its filings to all other Magalie R. Salas, Therefore, if easement negotiations fail parties on the Commission’s service list Secretary. to produce an agreement, the pipeline for this proceeding. If you want to company could initiate condemnation become an intervenor you must file a [FR Doc. E6–486 Filed 1–18–06; 8:45 am] proceedings in accordance with state motion to intervene according to Rule BILLING CODE 6717–01–P law. 214 of the Commission’s Rules of A fact sheet prepared by the FERC Practice and Procedure (18 CFR entitled ‘‘An Interstate Natural Gas 385.214, see Appendix 2). Only Facility On My Land? What Do I Need intervenors have the right to seek To Know?’’ was attached to the project rehearing of the Commission’s decision. notice Wyckoff provided to landowners. Affected landowners and parties with This fact sheet addresses a number of environmental concerns may be granted intervenor status upon showing good 1 Wyckoff’s application was filed with the cause by stating that they have a clear Commission under Section 7 of the Natural Gas Act and direct interest in this proceeding and Part 157 of the Commission’s regulations.
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typically asked questions, including the pipeline to the point of interconnection proposed project under these general use of eminent domain and how to with pipeline facilities operated by headings: participate in the Commission’s Dominion. • Soils • proceedings. It is available for viewing Wyckoff would also like confirmation Land use • Water resources, fisheries, and on the FERC Internet website that the authorized maximum reservoir (www.ferc.gov). wetlands pressure of 1,790 pounds per square • Cultural resources Summary of the Proposed Project inch is the maximum authorized • Vegetation and wildlife wellhead pressure for the Wyckoff • Air quality and noise Wyckoff’s current authorization is to facility as stated in the Commission’s • construct and operate a natural gas Endangered and threatened species October 6, 2003 Order. We will not discuss impacts to the storage facility in two nearly depleted following resource areas since they are reservoirs in Steuben County, New There are no nonjurisdictional not changed from the original York, capable of storing up to 6 billion facilities identified for the project. application or would not be affected by cubic feet of natural gas (CP03–33–000). The location of the project facilities is shown in appendix 1.2 the proposed facilities. Wyckoff is asking for authorization to: • Geology 1. Relocate the compressor station Land Requirements for Construction • Hazardous waste about 900 feet to the southern end of the • Public safety Wyckoff parcel. Construction affecting the amended We will also evaluate possible 2. Construct 1.2 miles of 6-inch- facilities that include the well laterals, alternatives to the proposed project or diameter lateral called the Chase injection withdrawal wells, and portions of the project, and make Lateral; 0.5 mile of 6-inch-diameter compressor station would require about recommendations on how to lessen or lateral called the Banks Lateral; and 0.7 21.1 acres of land. Following avoid impacts on the various resource mile 8-inch-diameter lateral called the construction, about 13.6 acres would be areas. Banks/Cornell Lateral. maintained as new permanent right-of- Our independent analysis of the 3. Install two 2,370 horsepower (hp) way and aboveground facility sites. The issues will be in the EA. Depending on units for a total of 4,740 hp and one remaining 7.5 acres of land would be the comments received during the dehydration unit, instead of two 4,735 restored and allowed to revert to its scoping process, the EA may be hp compressor units and two former use. published and mailed to federal, state, dehydration units. Wyckoff intends to and local agencies, public interest The EA Process install the remaining 4,735 hp of groups, interested individuals, affected approved compression and the The National Environmental Policy landowners, newspapers, libraries, and additional dehydration unit within a Act (NEPA) requires the Commission to the Commission’s official service list for few years. take into account the environmental this proceeding. A comment period will 4. Defer the construction of the 7.7- impacts that could result from an action be allotted for review if the EA is mile southern pipeline to Dominion whenever it considers the issuance of a published. We will consider all Transmission, Inc. (Dominion) Certificate of Public Convenience and comments on the EA before we make Interconnect for three years. Wyckoff Necessity. NEPA also requires us to our recommendations to the would assume ownership of National discover and address concerns the Commission. Fuel Gas Supply Corporation’s (National public may have about proposals. This To ensure your comments are Fuel) Line Z–67 being abandoned by process is referred to as ‘‘scoping.’’ The considered, please carefully follow the National Fuel, and would continue Line main goal of the scoping process is to instructions in the public participation Z–67 in operation for transporting gas focus the analysis in the EA on the section below. between the storage field and National important environmental issues. By this Fuel’s system. Currently Identified Environmental 5. Directionally drill six new Notice of Intent, the Commission staff Issues requests public comments on the scope injection/withdrawal wells rather than We have already identified several of the issues to address in the EA. All vertically drilling each well. issues that we think deserve attention comments received are considered 6. Reduce the diameter of the 3.6-mile based on a preliminary review of the during the preparation of the EA. State northern pipeline, the 0.07 mile of proposed facilities and the and local government representatives pipeline interconnection with environmental information provided by are encouraged to notify their Tennessee Gas Pipe Line Company, and Wyckoff. This preliminary list of issues constituents of this proposed action and the 0.15 mile of pipeline may be changed based on your encourage them to comment on their interconnection with Columbia Gas comments and our analysis. areas of concern. Transmission Corporation from 20-inch- • The compressor station would be diameter to 16-inch-diameter. In the EA we 3 will discuss impacts moved about 900 feet south of the 7. Phase facilities: Phase I would that could occur as a result of the original location. Two nearby residences include 3 existing wells to be converted construction and operation of the and one church would be impacted by to injection/withdrawal wells, the six noise from the new compressor station new injection/withdrawal wells and the 2 The appendices referenced in this notice are not (the same impacted by the original observation wells, the associated lateral being printed in the Federal Register. Copies of all project). piping, the initial 4,740 hp of appendices, other than Appendix 1 (maps), are • available on the Commission’s website at the About 1.7 miles of new 6-inch- compression, the single dehydration ‘‘eLibrary’’ link or from the Commission’s Public diameter lateral pipeline and about 0.6 unit and the 3.6-mile northern 16 inch- Reference Room, 888 First Street, NE., Washington, mile of 8-inch-diameter pipeline would diameter pipeline. DC 20426, or call (202) 502–8371. For instructions be constructed. 8. Phase II would consist of the on connecting to eLibrary refer to the last page of • Eight intermittent streams would be this notice. Copies of the appendices were sent to additional 4,735 hp compression, the crossed by the new laterals. all those receiving this notice in the mail. • additional dehydration unit, and the 3 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the Seven wetlands would be affected southern pipeline consisting of 7.7 environmental staff of the Office of Energy Projects by the amended lateral pipeline changes miles of 20-inch-diameter southern (OEP). affecting about 0.7 acre.
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• Minor route changes have been Request, you will be taken off the eLibrary link, click on ‘‘General Search’’ proposed for the northern pipeline route mailing list. and enter the docket number excluding between about milepost (MP) 1.19 and the last three digits in the Docket Becoming an Intervenor MP 1.58 and along the southern Number field. Be sure you have selected pipeline route. In addition to involvement in the EA an appropriate date range. For • Endangered species may be affected scoping process, you may want to assistance, please contact FERC Online by the project’s modifications. become an official party to the Support at [email protected] • The land use impacts would be proceeding, or ‘‘intervenor.’’ To become or toll free at 1–866–208–3676, or for changed by the amended facilities. an intervenor you must file a motion to TTY, contact (202) 502–8659. The • New York Department of intervene according to Rule 214 of the eLibrary link also provides access to the Agriculture and Markets has Commission’s Rules of Practice and texts of formal documents issued by the commented that topsoil stripping and Procedure (18 CFR 385.214). Intervenors Commission, such as orders, notices, stockpiling problems in early spring have the right to seek rehearing of the and rulemakings. through the spring thaw would destroy Commission’s decision. Motions to In addition, the Commission now the topsoil and hamper effective Intervene should be electronically offers a free service called eSubscription sediment and runoff controls. submitted using the Commission’s which allows you to keep track of all eFiling system at http://www.ferc.gov. Public Participation formal issuances and submittals in Persons without Internet access should specific dockets. This can reduce the You can make a difference by send an original and 14 copies of their amount of time you spend researching providing us with your specific motion to the Secretary of the proceedings by automatically providing comments or concerns about the project. Commission at the address indicated you with notification of these filings, By becoming a commentor, your previously. Persons filing Motions to document summaries and direct links to concerns will be addressed in the EA Intervene on or before the comment the documents. Go to www.ferc.gov/ and considered by the Commission. You deadline indicated above must send a esubscribenow.htm. should focus on the potential copy of the motion to the Applicant. All Finally, public meetings or site visits environmental effects of the proposal, filings, including late interventions, will be posted on the Commission’s alternatives to the proposal (including submitted after the comment deadline calendar located at http://www.ferc.gov/ alternative locations/routes), and must be served on the Applicant and all EventCalendar/EventsList.aspx along measures to avoid or lessen other intervenors identified on the with other related information. environmental impact. The more Commission’s service list for this specific your comments, the more useful proceeding. Persons on the service list Magalie R. Salas, they will be. Please carefully follow with e-mail addresses may be served Secretary. these instructions to ensure that your electronically; others must be served a [FR Doc. E6–495 Filed 1–18–06; 8:45 am] comments are received in time and hard copy of the filing. BILLING CODE 6717–01–P properly recorded: Affected landowners and parties with • Send an original and two copies of environmental concerns may be granted your letter to: Magalie R. Salas, intervenor status upon showing good DEPARTMENT OF ENERGY Secretary, Federal Energy Regulatory cause by stating that they have a clear Commission, 888 First St., NE., Room and direct interest in this proceeding Federal Energy Regulatory 1A, Washington, DC 20426. which would not be adequately Commission • Label one copy of the comments for represented by any other parties. You do the attention of Gas Branch 2. not need intervenor status to have your Notice of Application for Non-Project • Reference Docket No. CP03–33– environmental comments considered. Use of Project Lands and Soliciting 002. Comments, Motions To Intervene, and • Mail your comments so that they Environmental Mailing List Protests will be received in Washington, DC on An effort is being made to send this January 11, 2006. or before February 9, 2006. notice to all individuals, organizations, Please note that we are continuing to and government entities interested in Take notice that the following experience delays in mail deliveries and/or potentially affected by the hydroelectric application has been filed from the U.S. Postal Service. As a result, proposed project. This includes all with the Commission and is available we will include all comments that we landowners who are potential right-of- for public inspection: receive within a reasonable time frame way grantors, whose property may be a. Application Type: Non-project use in our environmental analysis of this used temporarily for project purposes, of project lands and waters. project. However, the Commission or who own homes within distances b. Project No: 2165–023. strongly encourages electronic filing of defined in the Commission’s regulations c. Date Filed: December 6, 2005. any comments or interventions or of certain aboveground facilities. By this d. Applicant: Alabama Power protests to this proceeding. See 18 CFR notice we are also asking governmental Company (APC). 385.2001(a)(1)(iii) and the instructions agencies, especially those in Appendix e. Name of Project: John H. Bankhead. on the Commission’s Web site at 2, to express their interest in becoming f. Location: The project is located on http://www.ferc.gov under the ‘‘e- cooperating agencies for the preparation Sipsey Fork and the Black Warrior River Filing’’ link and the link to the User’s of the EA. in Cullman County, Alabama. The Guide. Before you can file comments project does not occupy any Federal or you will need to create a free account Additional Information tribal lands. The proposed non-project which can be created on-line. Additional information about the use would be located on Smith Lake If you do not want to send comments project is available from the near Cullman County, Alabama. at this time but still want to remain on Commission’s Office of External Affairs, g. Filed Pursuant to: Federal Power our mailing list, please return the at 1–866–208–FERC or on the FERC Act 16 U.S.C. 791(a)–825(r). Information Request (Appendix 3). If Internet Web site (http://www.ferc.gov) h. Applicant Contact: Keith Bryant, you do not return the Information using the eLibrary link. Click on the Senior Engineer, APC Hydro Services,
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600 18th Street North, Birmingham, AL to intervene in accordance with the lands. The proposed non-project use 35203. Phone: (205) 257–1000. Commission’s Rules may become a would be located on Hamilton Lake near i. FERC Contact: Gina Krump, party to the proceeding. Any comments, the town of Hot Springs in Garland [email protected], 202–502–6704. protests, or motions to intervene must County, Arkansas. j. Deadline for filing comments and or be received on or before the specified g. Filed Pursuant to: Federal Power motions: February 13, 2006. comment date for the particular Act 16 U.S.C. 791(a)–825(r). All documents (original and eight application. h. Applicant Contact: Blake Hogue, copies) should be filed with Ms. Magalie o. Filing and Service of Responsive Lakes and Property Coordinator, Hydro R. Salas, Secretary, Federal Energy Documents: Any filings must bear in all Operations, Entergy Arkansas, Inc., 141 Regulatory Commission, 888 First capital letters the title ‘‘COMMENTS’’, West County Line Road, Malvern, AR Street, NE., Washington, DC 20426. ‘‘RECOMMENDATIONS FOR TERMS 72104. Phone: (501) 844–2197. Comments, protests, and interventions AND CONDITIONS’’, ‘‘PROTEST’’, OR i. FERC Contact: Any questions on may be filed electronically via the ‘‘MOTION TO INTERVENE’’, as this notice should be addressed to Internet in lieu of paper. See, 18 CFR applicable, and the Project Number of Lorance Yates at (770) 452–3784, or by 385.2001(a)(1)(iii) and the instructions the particular application to which the e-mail: [email protected]. on the Commission’s Web site under the filing refers. Any of the above-named j. Deadline for filing comments and or ‘‘e-Filing’’ link. Please reference ‘‘John documents must be filed by providing motions: February 13, 2006. H. Bankhead Project, FERC Project No. the original and the number of copies k. Description of the Application: The 2165–023’’ on any comments or motions provided by the Commission’s project licensee requests Commission authorization to permit Mr. James filed. regulations to: The Secretary, Federal Halsey of El Dorado, Arkansas to install k. Description of the Application: APC Energy Regulatory Commission, 888 a 22-boatslip multi-family dock complex requests Commission approval to permit First Street, NE., Washington, DC 20426. with associated boardwalks to be built Crane Hill Development, LLC to A copy of any motion to intervene must on piling on Lake Hamilton. The dock construct two docks each with 20 also be served upon each representative facilities would be used by residents in floating boat slips and a 70-foot-long of the Applicant specified in the a new multi-family housing walkway to connect the boat slips to the particular application. shore. The proposed structures would p. Agency Comments: Federal, state, development known as Grand Pointe be for private-use of owners of and local agencies are invited to file View Condominiums. l. Location of the Application: A copy Windmere Lakeside Garden Homes comments on the described application. of the application is available for being constructed on adjoining non- A copy of the application may be inspection and reproduction at the project lands. The proposed structures obtained by agencies directly from the Commission’s Public Reference Room, would be constructed of galvanized Applicant. If an agency does not file located at 888 First Street, NE., Room steel and wood or aluminum, with comments within the time specified for 2A, Washington, DC 20426, or by calling encapsulated flotation. The licensee is filing comments, it will be presumed to (202) 502–8371. This filing may also be not proposing any boat launching, have no comments. One copy of an viewed on the Commission’s Web site at fueling, sewage pump-out (or other agency’s comments must also be sent to http://www.ferc.gov using the shoreline development activities), and is the Applicant’s representatives. not proposing any dredging. ‘‘eLibrary’’ link. Enter the docket l. Locations of the Application: This Magalie R. Salas, number excluding the last three digits in filing is available for review at the Secretary. the docket number field to access the Commission in the Public Reference [FR Doc. E6–553 Filed 1–18–06; 8:45 am] document. You may also register online Room or may be viewed on the BILLING CODE 6717–01–P at http://www.ferc.gov/docs-filing/ Commission’s Web site at http:// esubscription.asp to be notified via e- www.ferc.gov using the ‘‘elibrary’’ link. mail of new filings and issuances Enter the docket number excluding the DEPARTMENT OF ENERGY related to this or other pending projects. last three digits in the docket number For assistance, call 1–866–208–3676 or field to access the document. For Federal Energy Regulatory e-mail [email protected], or assistance, please contact FERC Online Commission for TTY, call (202) 502–8659. A copy is Support at also available for inspection and [email protected] or toll- Notice of Apllication for Amendment of reproduction at the address in item (h) free at (866) 208–3676, or for TTY, License and Soliciting Comments, above. contact (202) 502–8659. A copy is also Motions To Intervene, and Protests m. Individuals desiring to be included available for inspection and January 11, 2006. on the Commission’s mailing list should reproduction at the address in item (h) Take notice that the following so indicate by writing to the Secretary above. application has been filed with the of the Commission. n. Comments, Protests, or Motions to m. Individuals desiring to be included Commission and is available for public Intervene: Anyone may submit on the Commission’s mailing list should inspection: so indicate by writing to the Secretary a. Application Type: Non-project use comments, a protest, or a motion to of the Commission. of project lands and waters. intervene in accordance with the n. Comments, Protests, or Motions to b. Project Number: P–271–085. requirements of Rules of Practice and Intervene: Anyone may submit c. Date Filed: December 13, 2005. Procedure, 18 CFR 385.210, 385.211, comments, a protest, or a motion to d. Applicant: Entergy Arkansas, Inc. 385.214. In determining the appropriate intervene in accordance with the (Entergy). action to take, the Commission will requirements of Rules of Practice and e. Name of Project: Carpenter-Remmel consider all protests or other comments Procedure, 18 CFR 385.210, 385.211, Project. filed, but only those who file a motion 385.214. In determining the appropriate f. Location: The project is located on to intervene in accordance with the action to take, the Commission will the Quachita River in Hot Springs and Commission’s Rules may become a consider all protests or other comments Garland Counties, Arkansas. The project party to the proceeding. Any comments, filed, but only those who file a motion does not occupy any Federal or tribal protests, or motions to intervene must
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be received on or before the specified filing comments, it will be presumed to government in the Sunshine Act (Pub. comment date for the particular have no comments. One copy of an L. No. 94–409), 5 U.S.C 552b: application. agency’s comments must also be sent to AGENCY HOLDING MEETING: Federal o. Filing and Service of Responsive the Applicant’s representatives. Energy Regulatory Commission. Documents: Any filings must bear in all q. Comments, protests, and capital letters the title ‘‘COMMENTS’’, interventions may be filed electronically DATE AND TIME: January 12, 2006; 10 a.m. ‘‘RECOMMENDATIONS FOR TERMS via the Internet in lieu of paper. See, 18 PLACE: Room 2C, 888 First Street, NE., AND CONDITIONS’’, ‘‘PROTEST’’, OR CFR 385.2001(a)(1)(iii) and the Washington, DC 20426. ‘‘MOTION TO INTERVENE’’, as instructions on the Commission’s Web applicable, and the Project Number of site at http://www.ferc.gov under the ‘‘e- STATUS: Open. the particular application to which the Filing’’ link. MATTERS TO BE CONSIDERED: Agenda. filing refers (P–271–085). All documents (original and eight copies) should be Magalie R. Salas, Note: Items listed on the agenda may be filed with: Magalie R. Salas, Secretary, Secretary. deleted without further notice. [FR Doc. E6–554 Filed 1–18–06; 8:45 am] Federal Energy Regulatory Commission, CONTACT PERSON FOR MORE INFORMATION: BILLING CODE 6717–01–P 888 First Street, NE., Washington DC Magalie R. Salas, Secretary, Telephone 20426. A copy of any motion to (202) 502–8400. intervene must also be served upon each representative of the Applicant DEPARTMENT OF ENERGY For a recorded listing item stricken specified in the particular application. from or added to the meeting, call (202) p. Agency Comments: Federal, state, Federal Energy Regulatory 502–8627. and local agencies are invited to file Commission This is a list of matters to be comments on the described application. Sunshine Act Notice considered by the Commission. It does A copy of the application may be not include a listing of all papers obtained by agencies directly from the January 12, 2006. relevant to the items on the agenda; Applicant. If an agency does not file The following notice of meeting is however, all public documents may be comments within the time specified for published pursuant to section 3(a) of the examined in the Public Reference Room.
898TH MEETING [Regular Meeting January 19, 2005; 10 a.m.]
Item No. Docket No. Company
Administrative Agenda
A–1 ...... AD02–1–000 ...... Agency Administrative Matters. A–2 ...... AD02–7–000 ...... Customer Matters, Reliability, Security and Market Operations. A–3 ...... AD06–3–000 ...... Energy Market Update.
Markets, Tariffs, and Rates—Electric
E–1 ...... Omitted. E–2 ...... RM06–8–000 ...... Long-Term Firm Transmission Rights in Organized Electricity Markets. AD05–7–000 ...... Long-Term Transmission Rights in Markets Operated by Regional Transmission Or- ganizations and Independent System Operators. E–3 ...... RM06–10–000 ...... New PURPA Section 210(m) Regulations Applicable to Small Power Production and Cogeneration Facilities. E–4 ...... Omitted. E–5 ...... ER06–18–000 ...... Midwest Independent Transmission System Operator, Inc. E–6 ...... Omitted. E–7 ...... ER02–1884–002 ...... Waterside Power, L.L.C. E–8 ...... TX05–1–000 ...... East Kentucky Power Cooperative, Inc. TX05–1–001. TX05–1–002. TX05–1–003. TX05–1–004. TX05–1–005. E–9 ...... Omitted. E–10 ...... Omitted. E–11 ...... Omitted. E–12 ...... EC05–58–001 ...... Mirant Corporation and Its Public Utility Subsidiaries. E–13 ...... Omitted.
Markets, Tariffs, and Rates—Miscellaneous
M–1 ...... RM06–3–000 ...... Prohibition of Energy Market Manipulation.
Markets, Tariffs, and Rates—Gas
G–1 ...... PL02–6–001 ...... Natural Gas Pipeline Negotiated Rate Policies and Practices. G–2 ...... OR05–7–000 ...... Sunoco Pipeline L.P. G–3 ...... TS06–3–000 ...... Pine Prairie Energy Center, LLC. TS05–14–000 ...... Gulf South Pipeline Company, LP.
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898TH MEETING—Continued [Regular Meeting January 19, 2005; 10 a.m.]
Item No. Docket No. Company
TS05–8–000 ...... SG Resources Mississippi, LLC.
Energy Projects—Hydro
H–1 ...... P–2082–039 ...... PacifiCorp. P–2082–040. H–2 ...... EL06–41–000 ...... Tribal Comprehensive Plans and Federal Power Act Section 10(a)(2)(A). H–3 ...... P–5044–010 ...... Avondale Mills, Inc. P–2935–017 ...... Enterprise Mills, LLC. H–4 ...... P–459–141 ...... Union Electric Company d/b/a Ameren UE. H–5 ...... P–11301–013 ...... Fall Line Hydro Company, Inc.
Energy Projects—Certificates
C–1 ...... CP04–36–001 ...... Weaver’s Cove Energy, LLC. CP04–41–001 ...... Mill River Pipeline, LLC. CP04–42–001. CP04–43–001. C–2 ...... CP04–223–001 ...... KeySpan LNG, L.P. CP04–293–001. CP04–358–001 ...... Algonquin Gas Transmission, LLC. C–3 ...... CP05–418–000 ...... Tennessee Gas Pipeline Company. C–4 ...... CP05–76–001 ...... Dominion South Pipeline Company, LP. CP05–77–002. CP05–78–001.
A free Webcast of this event is FARM CREDIT SYSTEM INSURANCE B. New Business available through http://www.ferc.gov. CORPORATION • Premium Rates for 2006. Anyone with Internet access who desires to view this event can do so by Farm Credit Insurance Corporation Dated: January 12, 2006. navigating to http://www.ferc.gov’s Board; Regular Meeting Roland E. Smith, Calendar of Events and locating this Secretary, Farm Credit System Insurance SUMMARY: Notice is hereby given of the Corporation Board. event in the Calendar. The event will regular meeting of the Farm Credit contain a link to its Webcast. The [FR Doc. E6–541 Filed 1–18–06; 8:45 am] System Insurance Corporation Board BILLING CODE 6710–01–P Capitol Connection provides technical (Board). support for the free Webcasts. It also Date and Time: The meeting of the offers access to this event via television Board will be held at the offices of the in the DC area and via phone bridge for FEDERAL COMMUNICATIONS Farm Credit Administration in McLean, COMMISSION a fee. If you have any questions, visit Virginia, on January 19, 2006, from 9 http://www.CapitolConnection.org or a.m. until such time as the Board Notice of Public Information contact Danelle Perkowski or David concludes its business. Collection(s) Being Submitted for Reininger at 703–993–3100. FOR FURTHER INFORMATION CONTACT: Review to the Office of Management Immediately following the conclusion Roland E. Smith, Secretary to the Farm and Budget of the Commission Meeting, a press Credit System Insurance Corporation January 11, 2006. briefing will be held in Hearing Room Board, (703) 883–4009, TTY (703) 883– SUMMARY: The Federal Communications 2. Members of the public may view this 4056. Commission, as part of its continuing briefing in the Commission Meeting ADDRESSES: Farm Credit System effort to reduce paperwork burden overflow room. This statement is Insurance Corporation, 1501 Farm invites the general public and other intended to notify the public that the Credit Drive, McLean, Virginia 22102. Federal agencies to take this press briefings that follow Commission opportunity to comment on the SUPPLEMENTARY INFORMATION: This meetings may now be viewed remotely following information collection(s), as at Commission headquarters, but will meeting of the Board will be open to the public (limited space available). In order required by the Paperwork Reduction not be telecast through the Capitol Act (PRA) of 1995, Public Law 104–13. Connection service. to increase the accessibility to Board meetings, persons requiring assistance An agency may not conduct or sponsor Magalie R. Salas, should make arrangements in advance. a collection of information unless it displays a currently valid control Secretary. The matters to be considered at the meeting are: number. No person shall be subject to [FR Doc. 06–514 Filed 1–13–06; 5:13 pm] any penalty for failing to comply with BILLING CODE 6717–01–P Open Session a collection of information subject to the A. Approval of Minutes Paperwork Reduction Act (PRA) that does not display a valid control number. • December 8, 2005 (Regular Comments are requested concerning (a) Meeting). whether the proposed collection of
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information is necessary for the proper Federal Communications Commission. large print/type; digital disk; and audio performance of the functions of the Marlene H. Dortch, and video tape. Best Copy and Printing, Commission, including whether the Secretary. Inc. may be reached by e-mail at information shall have practical utility; [FR Doc. 06–479 Filed 1–18–06; 8:45 am] [email protected]. (b) the accuracy of the Commission’s BILLING CODE 6712–01–U Federal Communications Commission. burden estimate; (c) ways to enhance Marlene H. Dortch, the quality, utility, and clarity of the Secretary. information collected; and (d) ways to FEDERAL COMMUNICATIONS [FR Doc. 06–536 Filed 1–17–06; 2:13 pm] minimize the burden of the collection of COMMISSION information on the respondents, BILLING CODE 6712–01–P including the use of automated Sunshine Act Meeting; Open collection techniques or other forms of Commission Meeting Friday, January information technology. 20, 2006 FEDERAL MARITIME COMMISSION DATES: Written Paperwork Reduction January 13, 2006. Act (PRA) comments should be Notice of Agreements Filed submitted on or before February 21, The Federal Communications Commission will hold an Open Meeting 2006. If you anticipate that you will be The Commission hereby gives notice on the subjects listed below on Friday, submitting PRA comments, but find it of the filing of the following agreements January 20, 2006, which is scheduled to difficult to do so within the period of under the Shipping Act of 1984. commence at in Room TW–C305, at 445 time allowed by this notice, you should Interested parties may submit comments 12th Street, SW., Washington, DC. The advise the contact listed below as soon on an agreement to the Secretary, Meeting will focus on presentations by as possible. Federal Maritime Commission, senior agency officials regarding ADDRESSES: Direct all Paperwork Washington, DC 20573, within ten days implementations of the agency’s Reduction Act (PRA) comments to of the date this notice appears in the strategic plan and a comprehensive Judith B. Herman, Federal Federal Register. Copies of agreements review of FCC policies and procedures. Communications Commission, Room 1– are available through the Commission’s Presentations will be made in four C804, 445 12th Street, SW., Washington, Office of Agreements (202–523–5793 or panels: DC 20554 or via the Internet to Judith- Panel One will feature the Chief of the [email protected]). [email protected]. If you would like to Office of Strategic Planning and Policy Agreement No.: 011930. obtain or view a copy of this Analysis and the Managing Director. Title: Crowley Liner Services-FTD information collection, you may do so Panel Two will feature the Chiefs of Shipping Lines Space Charter and by visiting the FCC PRA web page at: the Wireless Telecommunications Sailing Agreement. http://www.fcc.gov/omd/pra. Bureau, the Office of Engineering and Parties: Crowley Liner Services and FOR FURTHER INFORMATION CONTACT: For Technology and the International Nina (Bermuda) Ltd., d/b/a FTD additional information or copies of the Bureau. Shipping Lines. information collection(s), contact Judith Panel Three will feature the Chief of Filing Party: Michael G. Roberts, Esq.; B. Herman at 202–418–0214 or via the the Consumer & Governmental Affairs Venable LLP; 575 7th Street, NW.; Internet at [email protected]. Bureau, the Director of the Office of Washington, DC 20004. SUPPLEMENTARY INFORMATION: Workplace Diversity and the Chief of Synopsis: The agreement authorizes OMB Control No.: 3060–1014. the Enforcement Bureau. FTD Shipping to charter space to Title: Ku-Band NGSO FSS. Panel Four will feature the Chief of Crowley in the trade between U.S. Form No.: N/A. the Media Bureau, the General Counsel Atlantic and Gulf Coast ports and ports Type of Review: Revision of a and the Chief of the Wireline in the Dominican Republic. currently approved collection. Respondents: Business or other for- Competition Bureau. Agreement No.: 011931. Additional information concerning profit. Title: CMA CGM/CP Ships/Marfret Number of Respondents: 1. this meeting may be obtained from Vessel Sharing Agreement. Estimated Time Per Response: 1 hour. Audrey Spivack or David Fiske, Office Parties: CMA CGM, S.A./CMA CGM Frequency of Response: Annual of Media Relations, (202) 418–0500; (UK) Limited; CP Ships (UK) Limited; reporting requirement. TTY 1–888–835–5322. Audio/Video Compagnie Maritime Marfret S.A.; and Total Annual Burden: 1 hour. coverage of the meeting will be Hapag-Lloyd Container Linie GmbH. Total Annual Cost: $2,235. broadcast live with open captioning Filing Party: Wayne R. Rohde, Esq.; Privacy Act Impact Assessment: N/A. over the Internet from the FCC’s Audio/ Sher & Blackwell LLP; 1850 M Street, Needs and Uses: The Commission is Video Events Web page at www.fcc.gov/ NW.; Suite 900; Washington, DC 20036. submitting this information collection to realaudio. Synopsis: The agreement authorizes OMB as a revision in order to obtain the For a fee this meeting can be viewed the parties to operate and share space on full three-year clearance from them. The live over George Mason University’s a service between ports on the U.S. Commission has revised this Capitol Connection. The Capitol Atlantic Coast and ports in North information collection because it Connection also will carry the meeting Europe, the South Pacific Islands, eliminated the milestone certification live via the Internet. To purchase these Australia, and New Zealand. The parties and software demonstrations that the services call (703) 993–3100 or go to request expedited review. systems meet power flux density limits. www.capitolconnection.gmu.edu. The only information collection Copies of materials adopted at this By order of the Federal Maritime Commission. requirement remaining in this meeting can be purchased from the submission is the annual report. Once FCC’s duplicating contractor, Best Copy Dated: January 13, 2006. applicants are licensed, they will be and Printing, Inc. (202) 488–5300; Fax Bryant L. VanBrakle, required to file annual reports on the (202) 488–5563; TTY (202) 488–5562. Secretary. status of their space station construction These copies are available in paper [FR Doc. E6–567 Filed 1–18–06; 8:45 am] and launch. format and alternative media, including BILLING CODE 6730–01–P
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FEDERAL MARITIME COMMISSION Date Revoked: December 28, 2005. License Number: 009755N. Reason: Surrendered license Name: Topman Express (USA), Inc. Ocean Transportation Intermediary voluntarily. Address: 4425 Atlantic Avenue, Suite License Revocations License Number: 017090N. A–14, Long Beach, CA 90807. The Federal Maritime Commission Name: Inter-Connect Transportation, hereby gives notice that the following Inc. Date Revoked: January 5, 2006. Ocean Transportation Intermediary Address: 8901 S. La Cienega Blvd., Reason: Failed to maintain a valid licenses have been revoked pursuant to #203, Inglewood, CA 90301. bond. section 19 of the Shipping Act of 1984 Date Revoked: December 30, 2005. Reason: Failed to maintain a valid Sandra L. Kusumoto, (46 U.S.C. app. 1718) and the bond. regulations of the Commission Director, Bureau of Certification and pertaining to the licensing of Ocean License Number: 001675F. Licensing. Transportation Intermediaries, effective Name: Monti Forwarding Corp. [FR Doc. E6–565 Filed 1–18–06; 8:45 am] on the corresponding date shown below: Address: 925 Bergen Street, Brooklyn, BILLING CODE 6730–01–P NY 11238. License Number: 008790N. Date Revoked: October 1, 2005. Name: A.S.A.P. Transport Ltd. Address: 2414 Morris Avenue, Union, Reason: Failed to maintain a valid FEDERAL MARITIME COMMISSION NJ 07083. bond. Date Revoked: January 5, 2006. License Number: 013725N. Ocean Transportation Intermediary Reason: Failed to maintain a valid Name: Pan Ocean Line, Inc. License Reissuance bond. Address: 245 E. Main Street, #110, License Number: 002525F. Alhambra, CA 91801. Notice is hereby given that the Name: Export Services, Incorporated. Date Revoked: January 7, 2006. following Ocean Transportation Address: 7101 North Green Bay Reason: Failed to maintain a valid Intermediary license has been reissued Avenue, Glendale, WI 53209–2800. bond. by the Federal Maritime Commission Date Revoked: January 10, 2006. License Number: 006151N. pursuant to section 19 of the Shipping Reason: Surrendered license Name: Sirva Container Lines, Inc. Act of 1984, as amended by the Ocean voluntarily. Address: 5001 U.S. Highway 30 West, Shipping Reform Act of 1998 (46 U.S.C. License Number: 019286NF. Ft. Wayne, IN 46818. app. 1718) and the regulations of the Name: Frontline Sourcing, Inc. Date Revoked: November 1, 2005. Commission pertaining to the licensing Address: 1053–B Willingham Drive, Reason: Surrendered license of Ocean Transportation Intermediaries, Atlanta, GA 30344. voluntarily. 46 CFR part 515.
License No. Name/address Date reissued
017080N ...... General Cargo & Logistics, 19113 S. Hamilton Avenue, Gardena, CA 90248 ...... November 7, 2005.
Sandra L. Kusumoto, Non-Vessel-Operating Common Carrier TT Ocean Logistics, LLC, 1725 Duke Director, Bureau of Certification and Ocean Transportation Intermediary Street, Suite 240, Arlington, VA Licensing. Applicants 22314. Officers: Collin Anday, [FR Doc. E6–564 Filed 1–18–06; 8:45 am] Khan Trans Inc., 1550 E. Higgins Road, Director (Qualifying Individual), BILLING CODE 6730–01–P #115, Elk Grove Village, IL 60007. Michael Scotch, Manager. Officer: Jin Hyung Cho, President Air Sea Cargo Logistic LLC, 10 Molteg (Qualifying Individual). Drive, Parlin, NJ 08859. Officers: FEDERAL MARITIME COMMISSION NY International Shipping Inc., 227 East Satish K. Sharma, Manager, 81 Street, New York, NY 10028. (Qualifying Individual), Sushma K. Ocean Transportation Intermediary Officer: David Mazafi, President Sharma, President. License Applicants (Qualifying Individual). Cargo Net International, LLC, 2801 NW. Evox Logistics, Inc., 700 El Tesorito, 74th Avenue, Suite 218, Miami, FL Notice is hereby given that the South Pasadena, CA 91030. Officers: 33122. Officers: Eric E. Diaz, following applicants have filed with the Chi Man Leung, CEO (Qualifying Managing Director (Qualifying Federal Maritime Commission an Individual), Yuen Yi Leung, Individual), German E. Muchico, application for license as a Non-Vessel- Secretary. Manager. Operating Common Carrier and Ocean US Pacific Transport, Inc., 126 Common Direct Overseas Transport, Inc., 7916 Freight Forwarder—Ocean Wealth Avenue, Massapequa, NY Kern Lane, Fort Worth, TX 76137. Transportation Intermediary pursuant to 11758. Officers: Chi Ming Szeto, Vice Officers: Jason Hays, President section 19 of the Shipping Act of 1984 President (Qualifying Individual), (Qualifying Individual), Daphne Hays, as amended (46 U.S.C. app. 1718 and 46 Ada Lai Yin Tam, President. Vice President. Echo Global Logistics LLC, 600 West CFR part 515). Non-Vessel-Operating Common Carrier Chicago Avenue, Chicago, IL 60610. Persons knowing of any reason why and Ocean Freight Forwarder Officer: Jan Carl Steiner, Director the following applicants should not Transportation Intermediary (Qualifying Individual). Applicants receive a license are requested to Alpine Freight Services, Inc., 4 contact the Office of Transportation Winchester, Irvine, CA 92620. Move Management, Inc. dba MMI Ocean Intermediaries, Federal Maritime Officers: Chihhao Chang, President Services, 16346 East Airport Circle, Commission, Washington, DC 20573. (Qualifying Individual), Shia Shung Aurora, CO 80011. Officers: William Shih, Secretary. H. Graebel, President (Qualifying
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Individual), Benjamin Graebel, Vice the power to vote shares of a bank or Services (DHHS) is hereby giving notice Chairman. bank holding company and all of the that the National Vaccine Advisory Oriental Logistics Miami, Inc., 7200 NW banks and nonbanking companies Committee (NVAC) will hold a meeting. 19th Street, Suite 302, Miami, FL owned by the bank holding company, The meeting is open to the public. 33126. Officers: Anly Liu, Vice including the companies listed below. DATES: The meeting will be held on President (Qualifying Individual), The applications listed below, as well February 7, 2006, from 9 a.m. to 5 p.m., Samuel Wong, President. as other related filings required by the and on February 8, 2006, from 9 a.m. to St. John Freight Systems, Inc., #404, 190 Board, are available for immediate 1 p.m. Middlesex Essex Turnpike, Iselin, NJ inspection at the Federal Reserve Bank ADDRESSES: Department of Health and 08830. Officers: Kenneth Carr, indicated. The application also will be Human Services; Hubert H. Humphrey Secretary (Qualifying Individual), available for inspection at the offices of Building, Room 800; 200 Independence Chandramouleesware Jagadeeswari, the Board of Governors. Interested Avenue, SW., Washington, DC 20201. persons may express their views in President. FOR FURTHER INFORMATION CONTACT: Ms. TMO Global Logistics, LLC, 600 Peter writing on the standards enumerated in Emma English, Program Analyst, Jefferson Parkway, Suite 310, the BHC Act (12 U.S.C. 1842(c)). If the National Vaccine Program Office, Charlottesville, VA 22911. Officer: proposal also involves the acquisition of Department of Health and Human Mia Josephine Aguilar, Manager a nonbanking company, the review also Services, Room 443–H Hubert H. (Qualifying Individual). includes whether the acquisition of the Humphrey Building, 200 Independence Global International Shipping Inc. dba nonbanking company complies with the Avenue, SW., Washington, DC 20201; G.I.S., 125 S. Elm Street, Suite 202, standards in section 4 of the BHC Act (202) 690–5566, [email protected]. (12 U.S.C. 1843). Unless otherwise Greensboro, NC 27401. Officers: Ziad SUPPLEMENTARY INFORMATION: Pursuant noted, nonbanking activities will be H. Najjar, President, Huthaifa Al- to Section 2101 of the Public Service conducted throughout the United States. adwan, Partner (Qualifying Act (42 U.S.C. 300aa–1), the Secretary of Additional information on all bank Individuals). Health and Human Services was holding companies may be obtained Shipex LLC, 3341 Rauch Street, mandated to establish the National from the National Information Center Houston, TX 77029. Officers: Vaccine Program to achieve optimal Web site at http://www.ffiec.gov/nic/. Mohamed F. El-Khodiry, C.O.O. prevention of human infectious diseases (Qualifying Individual), Sari Ghazal, Unless otherwise noted, comments regarding each of these applications through immunization and to achieve Member. optimal prevention against adverse KPAC Aerocean, Inc. dba Aerocean must be received at the Reserve Bank indicated or the offices of the Board of reactions to vaccines. The National Transport Services, 550 E. Carson Vaccine Advisory Committee was Plaza Drive, Suite 109, Carson, CA Governors not later than February 13, 2006. established to provide advice and make 90746. Officer: Young Ho Kang, recommendations to the Assistant President (Qualifying Individual). A. Federal Reserve Bank of Richmond (A. Linwood Gill, III, Vice Secretary for Health, as the Director of Ocean Freight Forwarder—Ocean President) 701 East Byrd Street, the National Vaccine Program, on Transportation Intermediary Richmond, Virginia 23261-4528: matters related to the program’s Applicants 1. BB&T Corporation, Winston Salem, responsibilities. North Carolina; to acquire 100 percent Topics to be discussed at the meeting West Coast Forwarding, Inc., 1028 North include the 2006–2007 influenza Lake Avenue, Suite 202, Pasadena, of the voting shares of Main Street Banks, Inc., Atlanta, Georgia, and season, state pandemic influenza CA 91104. Officers: David O’Donnell, preparedness, poliomyelitis outbreaks President (Qualifying Individual), thereby indirectly acquire Main Street Bank, Covington, Georgia. In connection in Minnesota, and the insurance Aimee Saye, Vice President. coverage for vaccines. Updates will be RG Logistics Ltd., 111 Madison Avenue, with this application, applicant also proposes to engage in data processing given by various subcommittees and Hempstead, NY 11550. Officer: Roy working groups. A tentative agenda will Ghirdarry, President (Qualifying activities, pursuant to Section 225.28(b)(14) of Regulation Y. be made available on or about January Individual). 23, 2006 for review on the NVAC Web Dated: January 13, 2006. Board of Governors of the Federal Reserve site: http://www.hhs.gov/nvpo/nvac. System, January 13, 2006. Bryant L. VanBrakle, Public attendance at the meeting is Robert deV. Frierson, Secretary. limited to space available. Individuals Deputy Secretary of the Board. [FR Doc. E6–566 Filed 1–18–06; 8:45 am] must provide a photo ID for entry into [FR Doc. E6–571 Filed 1–18–06; 8:45 am] BILLING CODE 6730–01–P the Humphrey Building. Individuals BILLING CODE 6210–01–S who plan to attend and need special assistance, such as sign language interpretation or other reasonable FEDERAL RESERVE SYSTEM DEPARTMENT OF HEALTH AND accommodations, should notify the Formations of, Acquisitions by, and HUMAN SERVICES designated contact person. Members of Mergers of Bank Holding Companies the public will have the opportunity to Meeting of the National Vaccine provide comments at the meeting. The companies listed in this notice Advisory Committee Public comment will be limited to five have applied to the Board for approval, AGENCY: Office of the Secretary, minutes per speaker. Any members of pursuant to the Bank Holding Company Department of Health and Human the public who wish to have printed Act of 1956 (12 U.S.C. 1841 et seq.) Services. material distributed to NVAC members (BHC Act), Regulation Y (12 CFR part ACTION: Notice. should submit materials to the 225), and all other applicable statutes Executive Secretary, NVAC, through the and regulations to become a bank SUMMARY: As stipulated by the Federal contact person listed above prior to holding company and/or to acquire the Advisory Committee Act, the close of business January 31, 2006. assets or the ownership of, control of, or Department of Health and Human Preregistration is required for both
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public attendance and comment. Any or before 15 days after the date of lymphomas, there are two problems individual who wishes to attend the publication in the Federal Register. with NIOSH’s current target organ meeting and/or participate in the public ADDRESSES: Mail comments concerning selection method. First, the site of comment session should e-mail this proposed change to Larry Elliott, occurrence of the tumor is not [email protected] or call 202–690– Director, Office of Compensation necessarily the site of the original 5566. Analysis and Support, National Institute radiation injury. Second, the site listed Dated: January 11, 2006. for Occupational Safety and Health, in the diagnosis may not actually be the site of primary involvement. Rather, it is Bruce Gellin, 4676 Columbia Parkway, Mailstop C–46, Cincinnati, Ohio 45226. Submit common to list the site of the biopsy, Director, National Vaccine Program Office. electronic comments to which may be selected on the basis of [FR Doc. 06–493 Filed 1–18–06; 8:45 am] [email protected]. medical considerations in terms of the BILLING CODE 4150–44–P clinical symptoms and condition of the FOR FURTHER INFORMATION CONTACT: patient and the ease of surgical access. Larry Elliott, Director, Office of Both of these problems contribute to the Compensation Analysis and Support, DEPARTMENT OF HEALTH AND possibility that under current methods National Institute for Occupational HUMAN SERVICES for select lymphoma cases, NIOSH is Safety and Health, 4676 Columbia not certain to be basing its dose Centers for Disease Control and Parkway, Mailstop C–46, Cincinnati, OH reconstruction on the organ that has the Prevention 45226, Telephone: (513) 533–6800 (This highest radiation dose and may have is not a toll-free number). National Institute for Occupational been the site of origin of the lymphoma SUPPLEMENTARY INFORMATION: NIOSH of the energy employee. Safety and Health; Proposed Changes conducts radiation dose reconstructions to the Dose Reconstruction Target As a result of this re-evaluation, under EEOICPA in compliance with the NIOSH proposes to modify the selection Organ Selection for Lymphoma Under dose reconstruction methods specified the Energy Employees Occupational of target organs in select lymphoma in HHS regulations at 42 CFR part 82. cases so that the organ that would have Illness Compensation Program Act of These regulations provide for NIOSH to 2000 received the highest radiation dose from update its dose reconstruction methods among relevant, possibly irradiated as necessary on the basis of improved organs, as determined through the dose Authority: 42 CFR 82.32, 67 FR 22335– scientific understanding and specify a 22336. reconstruction process, is used in the process for deciding and implementing dose reconstruction. For the subset of AGENCY: Department of Health and such updates (41 CFR 82.30–82.33). lymphomas where tumor location is Human Services (HHS), Centers for Accordingly, NIOSH is currently informative about the probable site of Disease Control and Prevention (CDC). proposing to update its method for the original radiation injury (e.g. reconstructing radiation doses in cases ACTION: Notice for public comment. Hodgkin’s disease, lymphosarcoma, involving certain lymphoma cancers. etc.), information related to the site of Specifically, NIOSH is proposing to SUMMARY: The National Institute for diagnosis would be considered in target change its method for identifying the organ selection. Occupational Safety and Health target organ for which radiation doses (NIOSH) proposes to change the This proposed change pertains only to will be reconstructed in these cases, for the selection of the appropriate target selection of target organs used in dose the reasons described below. As reconstructions NIOSH produces under organ as the site of radiation injury (i.e., required for certain updates in dose for calculation of effective radiation the Energy Employees Occupational reconstruction methods, NIOSH will Illness Compensation Program Act of dose during the dose reconstruction present the proposed change to the process). It has no bearing on the 2000 (EEOICPA) for energy employees Advisory Board on Radiation and with lymphoma cancers. This proposed selection of the appropriate Interactive Worker Health for its comments. NIOSH Radiological Epidemiology Program change is in response to an evaluation will also consider all public comments by NIOSH of current scientific data on (IREP) cancer risk model for concerning this change that are received determining probability of causation, lymphoma, which revealed that the site prior to the comment deadline, as of the radiation injury can differ from nor does it impact the cancer risk specified above. models themselves. the site of the tumor or cancer origin NIOSH has re-examined the This proposed change in NIOSH dose documented in the medical files of a appropriateness of the current method reconstruction methods would be likely lymphoma cancer patient. The new of selecting dosimetry target organs for to have a substantial effect on certain process for selecting dose reconstruction lymphoma cases in light of the current EEOICPA cancer cases involving target organs for energy employees with scientific knowledge on the diagnosis lymphomas. NIOSH would review all lymphoma cancers would include and etiology of the various forms of relevant completed dose reconstructions selecting the target organ that would lymphoma.1 This re-examination has for cases that have not been have received the highest radiation dose revealed that for many non-Hodgkin’s compensated to identify those for which from among relevant, possibly irradiated this new method is applicable, and organs, as determined through the dose 1 Crowther, M. Consultant’s Report, Dose would re-complete these dose Reconstruction Project. Prepared for the National reconstruction process, when the reconstructions using this new method, identity of the target organ is in Institute for Occupational Safety and Health Office of Compensation Analysis and Support. 2005; and would apply this new method to all question. This change would result in Eckerman, K.F. Target Organs for Lymphatic and current and future cases undergoing the Department of Labor calculating Hematopoietic Cancers Comments/Suggestions. dose reconstruction. Application of this Prepared for the National Institute for Occupational higher probability of causation new method would result in the determinations for select lymphoma Safety and Health Office of Compensation Analysis and Support. 2005. Available online at: http:// Department of Labor calculating higher cases among previously decided and www.cdc.gov/niosh/ocas/ocasdose.html. (This probability of causation determinations current EEOICPA cancer claims. information can be found on the aforementioned Web page under the ‘‘Miscellaneous Items’’ heading for select lymphoma cases among DATES: NIOSH must receive public in the section ‘‘Evaluation of Target Organ for previously decided and current comments on this proposed change on Lymphomas.’’) EEOICPA cancer claims.
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The proposed change may be The Director, Management Analysis and Developmental Disabilities, CDC, 1600 discussed at meetings of the Advisory Services Office, has been delegated the Clifton Road, NE., (E–86), Atlanta, Georgia Board on Radiation and Worker Health authority to sign Federal Register notices 30333, telephone 404/498–3926, fax 404/ pertaining to announcements of meetings and 498–3550. on January 9, 2006 (teleconference) and other committee management activities, for The Director, Management Analysis and January 24–26, 2006 in Oak Ridge, TN. both CDC and the Agency for Toxic Services Office, has been delegated the Only after the close of the public Substances and Disease Registry. authority to sign Federal Register notices comment period will NIOSH make a pertaining to announcements of meetings and Dated: January 12, 2006. final decision regarding the proposed other committee management activities for change. Alvin Hall, both the CDC and Agency for Toxic The Director, Management Analysis Director, Management Analysis and Services Substances and Disease Registry. Office, Centers for Disease Control and and Services Office, has been delegated Dated: January 10, 2006. Prevention. the authority to sign Federal Register Alvin Hall, [FR Doc. E6–538 Filed 1–18–06; 8:45 am] notices pertaining to announcements of Director, Management Analysis and Services BILLING CODE 4163–18–P meetings and other committee Office, Centers for Disease Control and management activities for both the Prevention (CDC). Centers for Disease Control and DEPARTMENT OF HEALTH AND [FR Doc. E6–543 Filed 1–18–06; 8:45 am] Prevention and the Agency for Toxic HUMAN SERVICES BILLING CODE 4163–18–P Substances and Disease Registry. Dated: January 10, 2006. Centers for Disease Control and DEPARTMENT OF HEALTH AND Alvin Hall, Prevention HUMAN SERVICES Director, Management Analysis and Services National Task Force on Fetal Alcohol Office, Centers for Disease Control and Centers for Disease Control and Prevention. Syndrome and Fetal Alcohol Effect: Meeting Prevention [FR Doc. E6–542 Filed 1–18–06; 8:45 am] BILLING CODE 4163–18–P In accordance with section 10(a)(2) of Advisory Committee on Immunization the Federal Advisory Committee Act Practices: Meeting (Pub. L. 92–463), the Centers for Disease DEPARTMENT OF HEALTH AND Control and Prevention (CDC) In accordance with section 10(a)(2) of HUMAN SERVICES announces the following federal the Federal Advisory Committee Act advisory committee meeting: (Pub. L. 92–463), the Centers for Disease Centers for Disease Control and Control and Prevention (CDC) announce Prevention Name: National Task Force on Fetal the following Federal committee Alcohol Syndrome and Fetal Alcohol Effect meeting. Disease, Disability, and Injury (NTFFASFAE). Times and Dates: 8:30 a.m.–4:30 p.m., Name: Advisory Committee on Prevention and Control Special February 16, 2006. 8:30 a.m.–1 p.m., Immunization Practices (ACIP). Emphasis Panel (SEP): Portfolio February 17, 2006. Time and Date: 8 a.m.–6:15 p.m., February Review of Single Gene Disorders and Place: Embassy Suites Hotel Buckhead, 21, 2006. Disability 3285 Peachtree Road, NE., Atlanta, Georgia 8 a.m.–5 p.m., February 22, 2006. 30305, telephone 404/261–7733, fax 404/ Place: Centers for Disease Control and In accordance with section 10(a)(2) of 262–0522. Prevention, 1600 Clifton Road, NE., Building the Federal Advisory Committee Act Status: Open to the public, limited only by 19, Room 232, Atlanta, Georgia 30333. (Pub. L. 92–463), the Centers for Disease the space available. The meeting room Status: Open to the public, limited only by Control and Prevention (CDC) accommodates approximately 65 people. the space available. announces the following meeting: Purpose: The Secretary is authorized by the Purpose: The committee is charged with Public Health Service Act, section 399G (42 advising the Director, CDC, on the Name: Disease, Disability, and Injury U.S.C. Section 280f, as added by Pub. L. 105– appropriate uses of immunizing agents. In Prevention and Control Special Emphasis 392), to establish a NTFFASFAE to: (1) Foster addition, under 42 U.S.C. 1396s, the Panel (SEP): Portfolio Review of Single Gene coordination among all governmental committee is mandated to establish and Disorders and Disability. agencies, academic bodies and community periodically review and, as appropriate, Times and Dates: 9 a.m.–5 p.m., February groups that conduct or support Fetal Alcohol revise the list of vaccines for administration 10, 2006 (Closed). Syndrome (FAS) and Fetal Alcohol Effect to vaccine-eligible children through the Place: National Center on Birth Defects and (FAE) research, programs and surveillance; Vaccines for Children (VFC) program, along Developmental Disabilities, CDC, 12 and (2) to otherwise meet the general needs with schedules regarding the appropriate Executive Park Drive, Atlanta, GA 30329, of populations actually or potentially periodicity, dosage, and contraindications Telephone Number 404.498.3800. impacted by FAS and FAE. applicable to the vaccines. Status: The meeting will be closed to the Matters to be Discussed: Agenda items Matters To Be Discussed: The agenda will public in accordance with provisions set include: (1) Discussion of the Task Force’s include discussions on Rotavirus Vaccine forth in section 552b(c)(4) and (6), Title 5 Post-Exposure working group activities; (2) which may include a possible VFC Vote; U.S.C., and the Determination of the Director, presentations regarding prevention initiatives Human Papillomavirus Vaccine; general Management Analysis and Services Office, from other relevant health topics such as recommendations on immunization; CDC, pursuant to Public Law 92–463. tobacco use and HIV; (3) presentation and Influenza; Herpes Zoster Vaccine; Tetanus Matters to be Discussed: The meeting will discussion regarding evidence-based review Toxoid, Diphtheria Toxoid, and Acellular include the review and discussion of the of FAS prevention strategies; (4) Task Force Pertussis (Tdap) Vaccines; and departmental Single Gene Disorders and Disability Team’s next steps; (5) updates from the Interagency updates. strategies and activities. Coordinating Committee on FAS, CDC, and Agenda items are subject to change as For Further Information Contact: Esther other federal agencies, and liaison members; priorities dictate. Sumartojo, Acting Associate Director for (6) and scheduling of the next meeting. For Further Information Contact: Demetria Science and Public Health, National Center Agenda items are subject to change as Gardner, Epidemiology and Surveillance on Birth Defects and Developmental priorities dictate. Division, National Immunization Program, Disabilities, CDC, 1600 Clifton Road, NE., For Further Information Contact: Mary CDC, 1600 Clifton Road, NE., (E–61), Atlanta, Mailstop E–87, Atlanta, GA 30333, Kate Weber, M.P.H., Executive Secretary, Georgia 30333, telephone 404/639–8096, fax Telephone Number 404.498.3800. National Center on Birth Defects and 404/639–8616.
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The Director, Management Analysis and DEPARTMENT OF HEALTH AND products are no longer marketed, and Services Office, has been delegated the HUMAN SERVICES Able Labs has requested that the authority to sign Federal Register notices approval of the applications be pertaining to announcements of meetings and Food and Drug Administration withdrawn. other committee management activities for [Docket No. 2006N–0010] both the CDC and ATSDR. DATES: Effective January 19, 2006. FOR FURTHER INFORMATION CONTACT: Dated: January 10, 2006. Able Laboratories, Inc.; Withdrawal of Florine P. Purdie, Center for Drug Alvin Hall, Approval of 43 Abbreviated New Drug Applications Evaluation and Research (HFD–7), Food Director, Management Analysis and Services and Drug Administration, 5600 Fishers Office, Centers for Disease Control and AGENCY: Food and Drug Administration, Lane, Rockville, MD 20857, 301–594– Prevention. HHS. 2041. [FR Doc. E6–529 Filed 1–18–06; 8:45 am] ACTION: Notice. SUPPLEMENTARY INFORMATION: The BILLING CODE 4163–18–P SUMMARY: The Food and Drug applications listed in the table in this Administration (FDA) is withdrawing document are no longer marketed, and approval of 43 abbreviated new drug Able Labs has requested that FDA applications (ANDAs) held by Able withdraw approval of the applications. Laboratories, Inc. (Able Labs), One Able The company has also, by its request, Dr., Cranbury, NJ 08512. The drug waived its opportunity for a hearing.
Application No. Drug
40–390 Butalbital, Acetaminophen, and Caffeine Tablets USP, 50 milligrams (mg)/325 mg/40 mg
40–394 Butalbital, Acetaminophen, and Caffeine Tablets USP, 50 mg/500 mg/40 mg
40–402 Phentermine Hydrochloride (HCl) Tablets USP, 37.5 mg
40–403 Phentermine HCL Capsules USP, 30 mg (powder)
40–413 Methocarbamol Tablets USP, 500 mg and 750 mg
40–421 Carisoprodol Tablets USP, 350 mg
40–427 Phentermine HCl Capsules USP, 30 mg (beads)
40–449 Promethazine HCl Suppositories USP, 50 mg
40–464 Hydrocodone Bitartrate and Acetaminophen Tablets USP, 7.5 mg/325 mg and 10 mg/325 mg
40–469 Hydrocodone Bitartrate and Acetaminophen Tablets USP, 7.5 mg/750 mg
40–473 Hydrocodone Bitartrate and Acetaminophen Tablets USP, 10 mg/500 mg
40–474 Hydrocodone Bitartrate and Acetaminophen Tablets USP, 7.5 mg/650 mg
40–476 Hydrocodone Bitartrate and Acetaminophen Tablets USP, 10 mg/650 mg
40–477 Hydrocodone Bitartrate and Acetaminophen Tablets USP, 5 mg/500 mg
40–478 Hydrocodone Bitartrate and Acetaminophen Tablets USP, 5 mg/325 mg
40–483 Bethanechol Chloride Tablets USP, 10 mg
40–485 Bethanechol Chloride Tablets USP, 25 mg
40–490 Hydrocodone Bitartrate and Acetaminophen Tablets USP, 7.5 mg/500 mg
40–492 Bethanechol Chloride Tablets USP, 5 mg
40–497 Phentermine HCl Capsules USP, 15 mg
40–504 Promethazine HCl Suppositories USP, 12.5 mg and 25 mg
40–509 Bethanechol Chloride Tablets USP, 50 mg
40–529 Methamphetamine HCl Tablets USP, 5 mg
40–539 Theophylline Extended-Release Tablets, 600 mg
40–543 Theophylline Extended-Release Tablets, 400 mg
40–546 Theophylline Extended-Release Tablets, 450 mg
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Application No. Drug
40–548 Theophylline Extended-Release Tablets, 300 mg
40–558 Promethazine HCl Tablets USP, 12.5 mg, 25 mg, and 50 mg
40–559 Hydroxyzine HCl Tablets USP, 10 mg
40–562 Hydroxyzine HCl Tablets USP, 25 mg
40–563 Hydroxyzine HCl Tablets USP, 50 mg
76–114 Indomethacin Extended-Release Capsules USP, 75 mg
76–121 Lithium Carbonate Capsules USP, 300 mg
76–382 Lithium Carabonate Extended-Release Tablets USP, 300 mg
76–462 Metronidazole Extended-Release Tablets, 750 mg
76–505 Metronidazole Capsules, 375 mg
76–519 Metronidazole Tablets USP, 250 mg and 500 mg
76–528 Butalbital, Acetaminophen, Caffeine, and Codeine Phosphate Capsules, 50 mg/325 mg/40 mg/30 mg
76–544 Naproxen Sodium Tablets USP, 275 mg and 550 mg
76–666 Indomethacin Capsules USP, 25 mg and 50 mg
76–814 Dextroamphetamine Sulfate Extended-Release Capsules, 5 mg, 10 mg, and 15 mg
76–823 Lithium Carbonate Capsules USP, 150 mg, 300 mg, and 600 mg
76–907 Atenolol Tablets USP, 25 mg, 50 mg, and 100 mg
Therefore, under section 505(e) of the provide the general public and Federal Service Unit Chief Executive Officers Federal Food, Drug, and Cosmetic Act agencies with an opportunity to (CEO) effectively participate in the (21 U.S.C. 355(e)) and under authority comment on proposed and/or establishment and implementation of delegated to the Director, Center for continuing collections of information in strategies to achieve the IHS mission. Drug Evaluation and Research, by the accordance with the Paperwork Part of their responsibility (as stated in Commissioner of Food and Drugs, Reduction Act of 1995 (PRA95) (44 their Charter) includes: ongoing approval of the applications listed in the U.S.C. 3506(c)(2)(A)). This program recruitment, development, and retention table in this document, and all helps to ensure that requested data can of professional CEOs. The NCCEO’s amendments and supplements thereto, be provided in the desired format, purpose is to ensure that the IHS is hereby withdrawn, effective January reporting burden (time and financial Service Unit CEO and their Tribal CEO 19, 2006. resources) is minimized, collection counterparts effectively participate in Dated: January 4, 2006. instruments are clearly understood, and the establishment and implementation Douglas C. Throckmorton, the impact of collection requirements on of an agency strategy to achieve the IHS respondents can be properly assessed. Deputy Director, Center for Drug Evaluation mission. The current Executive and Research. Currently, the Indian Health Service Committee is actively addressing (IHS) is providing a 60-day advance [FR Doc. E6–506 Filed 1–18–06; 8:45 am] recruitment, retention and succession opportunity for public comment on a BILLING CODE 4160–01–S planning for their constituents, the IHS proposed extension of current CEOs. To enhance their ability to be information collection activity to be effective in this challenging task, the DEPARTMENT OF HEALTH AND submitted to the Office of Management NCCEO needs to know more about IHS HUMAN SERVICES and Budget for review. CEOs and the issues that affect retention Proposed Collection and recruitment including the Indian Health Service Title: 0917–NEW, ‘‘Indian Health competitive influences of private sector health care delivery systems. The Request for Public Comment: 60-Day Service Chief Executive Officer chosen method to obtain this critical Proposed Information Collection: Retention Survey’’. information from the CEOs of IHS, Indian Health Service Chief Executive Type of Information Collection Tribal and Urban facilities is by Officer Retention Survey Request: New Collection. Form Number: None. electronic survey. The goal of the IHS is AGENCY: Indian Health Service, HHS. Forms: The IHS Chief Executive to raise the health status of American SUMMARY: The Department of Health and Officer Retention Survey. Indians and Alaska Natives to the Human Services, as part of its Need and Use of Information highest possible level. To meet this goal, continuing effort to reduce paperwork Collection: The National Council of the IHS is committed to providing high and respondent burden, conducts a pre- Chief Executive Officers (NCCEO) was quality health services to the eligible clearance consultation program to established to ensure that the IHS service population. An important factor
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in improving the quality of services is: demographics: age, gender, years of Type of Respondents: Individuals. ensuring that our clinics and hospitals experience, education, pay compared to The table below provides the recruit and retain the best possible CEO complexity of facilities, job satisfaction estimated burden hours for this reasonably available. The proposed and retirement eligibility. information collection: survey is designed to ascertain current Affected Public: Individuals.
ESTIMATED BURDEN HOURS
Estimated Responses Average Data collection instrument number of per burden hour Total annual respondents respondent per response * burden hrs
CEO Retention Survey ...... 120 1 0.15 (10 mins) 20 *For ease of understanding, burden hours are also provided in actual minutes.
There are no Capital Costs, Operating DEPARTMENT OF HEALTH AND Ashley, Natalie Lynn, Arizona State Costs and/or Maintenance Costs to HUMAN SERVICES University, Navajo Nation, Arizona, report. New Mexico & Utah Indian Health Service Request For Comments: Your written Augare-Deal, Raek, University of Kansas, Blackfeet Tribe of the comments and/or suggestions are List of Recipients of Indian Health invited on one or more of the following Blackfeet Indian Reservation of Scholarships Under the Indian Health Montana points: (a) Whether the information Scholarship Program collection activity is necessary to carry Babbitt, Jaime Lynn, Indiana University, out an agency function; (b) whether the The regulations governing Indian Navajo Nation, Arizona, New Mexico agency processes the information Health Care Improvement Act Programs & Utah collected in a useful and timely fashion; (Pub. L. 94–437) provide at 42 CFR Baker, Allison Marie, University of (c) the accuracy of public burden 136.334 that the Indian Health Service North Dakota, Three Affiliated Tribes of the Fort Berthold Reservation, estimate (the estimated amount of time shall publish annually in the Federal North Dakota needed for individual respondents to Register a list of recipients of Indian Baker, Jennifer Lee, Oklahoma State provide the requested information); (d) Health Scholarships, including the University, Cherokee Nation, whether the methodology and name of each recipient, school and Oklahoma assumptions used to determine the Tribal affiliation, if applicable. These Baker, Valerie, University of New estimate are logical; (e) ways to enhance scholarships were awarded under the Mexico, Navajo Nation, Arizona, New the quality, utility, and clarity of the authority of Sections 103 and 104 of the Mexico & Utah information being collected; and (f) Indian Health Care Improvement Act, 25 U.S.C. 1613–1613a, as amended by the Banteah, Melinda Erika, University of ways to minimize the public burden Indian Health Care Amendments of New Mexico, Zuni Tribe of the Zuni through the use of automated, 1988, Pub. L. 100–713. Reservation, New Mexico electronic, mechanical, or other The following is a list of Indian Beals, Bryan James, University of North technological collection techniques or Dakota, Muscogee (Creek) Nation, other forms of information technology. Health Scholarship Recipients funded under Sections 103 and 104 for Fiscal Oklahoma Send Comment and Requests for Year 2005: Beaver, Aaron Don, University of Further Information: Send your written Abeita, Steven John, University of New Oklahoma, Choctaw Nation of comments and requests for more Mexico, Pueblo of Isleta, New Mexico Oklahoma information on the proposed collection Beaver, Allen Don, University of Adams Moses, Cynthia Regina, Langston or requests to obtain a copy of the data Oklahoma, Choctaw Nation of University, Musogee (Creek) Nation, collection instruments(s) and Oklahoma Oklahoma instructions to: Mrs. Chris Rouleau, IHS Becenti, Elton, New Mexico State Reports Clearance Officer, 801 Adams, Melissa Lynn, Rosalind University, Navajo Nation, Arizona, Thompson Avenue, TMP Suite 450, Franklin University, Cherokee Nation, New Mexico & Utah Oklahoma Rockville, MD 20852.1601, call non-toll Becker, Tischa Lee, University of New free (301) 443–5938, send via facsimile Alcorn, Winter Dawn, Rogers State Mexico, Cherokee Nation, Oklahoma to (301) 443–2316, or send your E-mail College, Cherokee Nation, Oklahoma Beetso, Allyson Nicole, Northern requests, comments, and return address: Allen, Bryan Zachary, Southwestern Arizona University, Navajo Nation, [email protected]. Oklahoma State University, Choctaw Arizona, New Mexico & Utah Nation of Oklahoma Comment Due Date: Your comments Begay, Melanie, University of New regarding this information collection are Allery, Rhea Neachet, University of Mexico, Navajo Nation, Arizona, New best assured of having their full effect if North Dakota, Turtle Mountain Band Mexico & Utah received within 60-days of the date of of Chippewa Indians of North Dakota Begay, Tashina Nanabah Litanya, this publication. Anderson, Debra Jean, College of St. University of Portland, Navajo Nation, Scholastica, White Earth Band Arizona, New Mexico & Utah Dated: January 12, 2006. Arredondo, Michael Howard, University Begay, Velma Mae, University of New Charles W. Grim, of Minnesota, Eastern Shawnee Tribe Mexico, Navajo Nation, Arizona, New Assistant Surgeon General, Director, Indian of Oklahoma Mexico & Utah Health Service. Arviso, Kellie Lynn, University of New Begay, Amelia June, University of New [FR Doc. 06–452 Filed 1–18–06; 8:45 am] Mexico, Navajo Nation, Arizona, New Mexico, Navajo Nation, Arizona, New BILLING CODE 4165–16–M Mexico & Utah Mexico & Utah
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Begay, Julianna, University of New Bradfield, Lavone Glema, Emory Cavanaugh, Erica Rose, University of Mexico, Navajo Nation, Arizona, New University, Standing Rock Sioux North Dakota, Spirit Lake Tribe, North Mexico & Utah Tribe of North & South Dakota Dakota Bekis, Olin Jimmie, Oberlin College, Branham-Williams, Jamie Kathleen, Chapman, Ashley Elizabeth, Nova Navajo Nation, Arizona, New Mexico University of Iowa, Cherokee Nation, Southeastern University, Mohegan & Utah Oklahoma Indian Tribe of Connecticut Bell, Lauren Beth, University of Bressman, Rebecca Rae, Portland State Charley, Cherilynn Lea, San Juan Oklahoma, Cherokee Nation, University, Citizen Potawatomi Community College, Navajo Nation, Oklahoma Nation, Oklahoma Arizona, New Mexico & Utah Ben, Lynndella, Arizona State Brewster, Sarah Kate, University of Chihuly, Theresa Catherine, Johns University, Navajo Nation, Arizona, Tulsa, Muscogee (Creek) Nation, Hopkins University, Ninilchik Village New Mexico & Utah Oklahoma Clark, Ernestine, University of New Benally, Gerald Dean, San Juan Briggs, Misty Elaine, University of Mexico, Navajo Nation, Arizona, New Community College, Navajo Nation, Oklahoma, Cherokee Nation, Mexico & Utah Arizona, New Mexico & Utah Oklahoma Clark, Jacqueline Renee, East Central Benally, Jolene, Northern Arizona Bright, Crystal Deann, Oklahoma University, Chikasaw Nation, University, Navajo Nation, Arizona, Wesleyan University, Cherokee Oklahoma New Mexico & Utah Nation, Oklahoma Clark, Kari Rose, Arizona State Berg, Emily Wauneka, Fort Lewis Brockelman, Cassandra May, University, Navajo Nation, Arizona, College, Navajo Nation, Arizona, New Southwestern Oklahoma State New Mexico & Utah Mexico & Utah University, Seminole Nation of Clarke, Alberta D, University of Bernard, Kenneth Richard Lee, Yale Oklahoma Phoenix, Navajo Nation, Arizona, University, Turtle Mountain Band of Brooks, Seth Russell, University of New Mexico & Utah Chippewa Indians of North Dakota Oklahoma, Choctaw Nation of Clarkson, Rachel Beth, Oklahoma State Big Hair, Andrea Rochelle, Montana Oklahoma University, Cherokee Nation, State University, Crow Tribe of Brown, Cerissa Kalani, Oklahoma State Oklahoma Montana University, Cherokee Nation, Clauschee, Susan Francine, University Big Leggins, Sonya Irene, Montana State Oklahoma of Arizona, Navajo Nation, Arizona, University, Assiniboine & Sioux Brown, Christinia Ann, University of New Mexico & Utah Tribes of the Fort Peck Indian North Dakota, Paiute-Shoshone Clement, Brenda Lea, University of Reservation, Montana Indians of the Bishop Community of South Dakota, Cheyenne River Sioux Bighorse, Amanda Nicole, Northeastern the Bishop Colony, California Tribe of the Cheyenne River State University, Cherokee Nation, Brown, Lindsay Renee, Rogers State Reservation, South Dakota Clemons, Danielle Nicole, Northern Oklahoma College, Sac & Fox Nation, Oklahoma Buckner, Jennifer Lynn, Arizona State Bingham, Zachary Scott, University of Arizona University, Pueblo of Acoma, University, Cheyenne-Arapaho Tribes New Mexico, Cherokee Nation, New Mexico of Oklahoma Collins, John Tate, University of Oklahoma Buettner, Brian Edwin, University of Oklahoma, Cherokee Nation, Bissonette, Melvina Deneal, University Oklahoma, Citizen Potawatomi Oklahoma of New Mexico, Oglala Sioux Tribe of Nation, Oklahoma Comb, Savanah, Dine College, Navajo the Pine Ridge Reservation, South Burr-Selle, Kandi Kay, University of Nation, Arizona, New Mexico & Utah Dakota North Dakota, Three Affiliated Tribes Condon, Travis Wayne, North Dakota Black, Deborah Helen Pierce, Johns of the Fort Berthold Reservation, State University, Standing Rock Sioux Hopkins University, Sisseton- North Dakota Tribe of North & South Dakota Wahpeton Sioux Tribe of the Lake Bushyhead, Ian Dow, Oklahoma State Constanine, Angie Casina, TVI Traverse Reservation, South Dakota University, Cherokee Nation, Community College, Native Village of Blackhorse, Amanda Leeh, University of Oklahoma Tyonek Kansas, Navajo Nation, Arizona, New Byrd, Alpheus Lee, Carl Albert State Cook, Brandon Christopher, Oklahoma Mexico & Utah College, Cherokee Nation, Oklahoma State University, Seminole Nation of Blankenship, Lacey Kay, Southwestern Cain, Melanie Joy, Oklahoma State Oklahoma Oklahoma State University, Cherokee University, Pueblo of Santa Clara, Cook, Elizabeth Jane, East Central Nation, Oklahoma New Mexico University, Choctaw Nation of Blevins, Regina Kay, North Dakota State Calhoun, Matthew East, University of Oklahoma University, Choctaw Nation of Alaska, Takotna Village Cook, Lyle C., University of California, Oklahoma Carey, Amanda Kay, Arizona School of Cheyenne River Sioux Tribe of the Blindman, Charlene Sue, Arizona State Health Sciences, Cherokee Nation, Cheyenne River Reservation, South University, Navajo Nation, Arizona, Oklahoma Dakota New Mexico & Utah Carey, Candice Joy, Northeastern State Cooledge, Debroah Lena, University of Boatwright, Melinda Lea, University of University, Cherokee Nation, Alaska, Native Village of Aleknagik Oklahoma, Choctaw Nation of Oklahoma Coon, Teresa Lynne, University of Oklahoma Carter, Nani Danielle, University of Oklahoma, Seminole Nation of Bolton Baldwin, Marjorie Elsie, Oklahoma, Cherokee Nation, Oklahoma University of Alaska, Native Village of Oklahoma Cope, Robin Marie, University of Kotzebue Casillas, Denise Myra, University of Washington, Alaska Native Bost, Dekoda Kole, University of Central South Dakota, Cheyenne River Sioux Corbin, Christopher Neal, University of Oklahoma, Choctaw Nation of Tribe of the Cheyenne River Oklahoma, Cherokee Nation, Oklahoma Reservation, South Dakota Oklahoma Bosquet, Andrea Nicole, Northeastern Cavanaugh, Casey Lynne, Idaho State Corcoran, Lauren Rae, University of State University, Cherokee Nation, University, Shoshone-Paiute Tribes of Montana, Chippewa Cree Indians of Oklahoma the Duck Valley Reservation, Nevada the Rocky Boy’s Reservation, Montana
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Couch, Ashley Ariel, Northeastern State University, Cherokee Nation, Giles, Erin Ayn, Southern College of University, Cherokee Nation, Oklahoma Optometry, Cherokee Nation, Oklahoma Duncan, Caleb Jerome, Northeastern Oklahoma Coulter, Daniel Lee, Creighton State University, Cherokee Nation, Gillies, Kenneth Jay, North Dakota State University, Citizen Potawatomi Oklahoma University, Three Affiliated Tribes of Nation, Oklahoma Dunning, Kristen Nicole, Northeastern the Fort Berthold Reservation, North Crain, Stacy Rae, North Dakota State State University, Muscogee (Creek) Dakota University, Turtle Mountain Band of Nation, Oklahoma Gishie, Elvintina Evonne, Northern Chippewa Indians of North Dakota Ekamrak, Joyce Anna, University of Arizona University, Navajo Nation, Crawley, Misti Kay, Oklahoma State Alaska, Akiachak Native Community Arizona, New Mexico & Utah University, Choctaw Nation of Elmore, Amber Dawn, Meridian Gloshay, Janet Johnson, Gateway Oklahoma Technology Center, Chickasaw Community College, Navajo Nation, Cribbs, Carolyn Suze, Sonoma State Nation, Oklahoma Arizona, New Mexico & Utah University, Cherokee Nation, Eschbacher, Sylvia Antoinette, Good, Tanya Michelle, Nebraska Oklahoma University of Alaska, Native Village of Methodist College, Red Lake Band of Cullen Carroll, Shanna Marie, Alliant Point Hope Chippewa Indians, Minnesota International University, Osage Tribe, Etsitty, Marlene J., University of New Goodblanket, Minnie Peshlakai, Oklahoma Mexico, Navajo Nation, Arizona, New University of Alaska, Cheyenne- Curry, Traci Renee, Murray State Mexico & Utah Arapaho Tribes of Oklahoma College, Chickasaw Nation, Oklahoma Evans, Amanda Lorna, Montana State Gore, Nicole Charmaine, Arizona School Damon, Dezbaa Altaalkii, Arizona University, Confederated Salish & of Dentistry, Crow Tribe of Montana School of Dentistry, Navajo Nation, Kootenai of the Flathead Reservation, Gorman, Emmeline Paula, Northern Arizona, New Mexico & Utah Montana Arizona University, Navajo Nation, Damon, Mallary Jenna, Geneva College, Eversole, Maryn, University of New Arizona, New Mexico & Utah Navajo Nation, Arizona, New Mexico Mexico, Navajo Nation, Arizona, New Gorman, Jack Gerald, University of & Utah Mexico & Utah California, Karuk Tribe of California Graham, Gerritt Wren, University of Davis, Abby Sue, University of Alaska, Fairbanks, Mary Elizabeth, University of Oklahoma, Chickasaw Nation, Turtle Mountain Band of Chippewa Minnesota, Minnesota Chippewa Oklahoma Indians of North Dakota Tribe, Minnesota Davis, Brandy Darlene, Western Granbois, Rae Alison, Dakota State Falconer, Heidi Cambrie, Southwestern Carolina University, Eastern Band of University, Turtle Mountain Band of Oklahoma State University, Choctaw Cherokee Indians of North Carolina Chippewa Indians of North Dakota Nation of Oklahoma Davis, Krissie Lee, University of North Groten, Clarence Aaron, University of Fischer, Monika Caroline, University of Dakota, Turtle Mountain Band of New Mexico, Navajo Nation, Arizona, Arkansas at Fort Smith, Cherokee Chippewa Indians of North Dakota New Mexico & Utah Davis, Kristina Faye, University of Nation, Oklahoma Guinn, Heather Elaine, Northeastern North Dakota, Turtle Mountain Band Fisher, Jayson Mikel, University of New State University, Muscogee (Creek) of Chippewa Indians of North Dakota Mexico, Choctaw Nation of Oklahoma Nation, Oklahoma Davis, Kylie Louise, University of North Fishinghawk, Bobbi Genevieve, Gump, Trina Maxine, University of Dakota, Turtle Mountain Band of University of Kansas, Cherokee Alaska, Native Village of Hooper Bay Chippewa Indians of North Dakota Nation, Oklahoma Hajicek, Jodi Lynn, University of North Davis-Counts, Heather Rae, University Foote, Brittnee Irene, Bismarck State Dakota, Turtle Mountain Band of of North Dakota, Turtle Mountain College, Turtle Mountain Band of Chippewa Indians of North Dakota Band of Chippewa Indians of North Chippewa Indians of North Dakota Hall, Megan Sue, University of Dakota Fosseneuve, Christy Lynn, University of Oklahoma, Choctaw Nation of Dedam, Jean-Paul Henri, Dartmouth North Dakota, Turtle Mountain Band Oklahoma Medical School, Aroostook Band of of Chippewa Indians of North Dakota Hall, Sheila Marie, Loyola College, Micmac Indians of Maine Fox, Juanita Mendoza F., Strayer White Earth Band of Chippewa Delgado, Jamael Theresa, University of University, Sisseton-Wahpeton Sioux Indians of Minnesota North Dakota, Navajo Nation, Tribe of the Lake Traverse Hamby, Kenneth Jerome, A.T. Still Arizona, New Mexico & Utah Reservation, South Dakota University of Health Sciences, Dixon, Christian Brooke, University of Franklin, Richard Arnold, University of Cherokee Nation, Oklahoma Oklahoma, Cherokee Nation, Missouri, Cherokee Nation, Oklahoma Hammer, Sunny R., Indian Capital Oklahoma Freeling, Katherine Jane, Oklahoma Technology Center, Muscogee (Creek) Dixon, Heather Renee, Black Hills State State University, Cherokee Nation, Nation, Oklahoma University, Oglala Sioux Tribe of the Oklahoma Haney, Rebecca Belle, Carl Albert State Pine Ridge Reservation, South Dakota Fuller, Racheal Nancy, University of College, Cherokee Nation, Oklahoma Dixon, Malia K, University of New Arizona, Navajo Nation, Arizona, New Harjo, Regena Tai, East Central Mexico, Navajo Nation, Arizona, New Mexico & Utah Oklahoma State University, Mexico & Utah Garcia, Alvin Joseph, Macalester Chickasaw Nation, Oklahoma Dominguez, Shonna Larae, Rocky College, Pueblo of Santo Domingo, Harker, Erica Michelle, University of Mountain College, Crow Tribe of New Mexico New Mexico, Zuni Tribe of the Zuni Montana Garnier, Arrow Wanahca Win, Ogalala Reservation, New Mexico Dowty, Raneva June, University of Lakota College, Navajo Nation, Harlan, Erica Sue, Oklahoma State Washington, Confederated Tribes of Arizona, New Mexico & Utah University, Muscogee (Creek) Nation, the Warm Springs Reservation of Gerry, Jon Michael, Harvard Medical Oklahoma Oregon School, Cheyenne River Sioux Tribe Harp, Emma Beth, Northeastern State Duff, Christopher Michael, of the Cheyenne River Reservation, University, Cherokee Nation, Southwestern Oklahoma State South Dakota Oklahoma
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Harrison, Gilbert, University of Arizona, Johnston, Cara Leanne, Oklahoma State Leslie (Lay), Pamela Christine, William Navajo Nation, Arizona, New Mexico University, Cherokee Nation, Howard Taft University, Muscogee & Utah Oklahoma (Creek) Nation, Oklahoma Harvey, Melissa R., University of New Jones, Jodi Michele, University of Levi, Angela Marie, Arizona School of Mexico, Navajo Nation, Arizona, New Oklahoma, Pawnee Nation of Health Sciences, Cherokee Nation, Mexico & Utah Oklahoma Oklahoma Hawk, Sonny Skye, Northeastern State Juneau, Rose Ann, University of Great Livers, Leanne Danielle, Northeastern University, Standing Rock Sioux Falls, Fort Belknap Indian State University, Cherokee Nation, Tribe of North & South Dakota Community of the Fort Belknap Oklahoma Hayes-Coons, Jennifer Lynn, Harber Reservation of Montana Long, Christina Marie, South Dakota School of Nursing, Cherokee Nation, Kaiser, Joshua Lee, Rogers State College, State University, Lower Brule Sioux Oklahoma Cherokee Nation, Oklahoma Tribe of the Lower Brule Reservation, Heavilin, Molly Nanabah, Wellesley Kaiser, Megan Lynn, North Dakota State South Dakota College, Navajo Nation, Arizona, New University, White Earth Band of Longhurst, Claire Frances, University of Mexico & Utah Chippewa Indians of Minnesota North Dakota, Navajo Nation, Hendrex, Douglas Brian, University of Kee, Tawna, TVI Community College, Arizona, New Mexico & Utah North Dakota, Cherokee Nation, Navajo Nation, Arizona, New Mexico Lopez, Matthew Adam, Arizona State Oklahoma & Utah University, Walker River Paiute Tribe Hicks, Tana Lee, Oklahoma Baptist Keel, Andrea Lynn, University of of the Walker River Reservation, University, Seminole Nation of Oklahoma, Chickasaw Nation, Nevada Oklahoma Oklahoma Lowery, Jodie Roberta, Winthrop Hobbs, Patricia Louise, Portland State Keener, Brandy Michelle, Oklahoma University, Lumbee Tribe of North University, Karuk Tribe of California State University, Cherokee Nation, Carolina Holiday (Yazzie), Charisse Lindsey, Oklahoma Luedecke, James Anthony, University of Arizona State University, Navajo Keplin, Angela Ann, University of North Arkansas, Cherokee Nation, Nation, Arizona, New Mexico & Utah Dakota, Turtle Mountain Band of Oklahoma Holman, Colin Justin, University of Chippewa Indians of North Dakota Lujan, Erica Leanne, University of New Oklahoma, Chickasaw Nation, Keplin, Jessi Lee, Minot State Mexico, Pueblo of Isleta, New Mexico Oklahoma University, Turtle Mountain Band of Madden, Donna Rose, Florida Hospital Houle, Jay Powell, Montana State Chippewa Indians of North Dakota College of Health Sciences, Choctaw King, Robert Ryan, University of University, Sisseton-Wahpeton Sioux Nation of Oklahoma Tribe of the Lake Traverse Oklahoma, Choctaw Nation of Maddox, Kevin Wayne, Lecom Reservation, South Dakota Oklahoma Bradenton University, Muscogee Howard, Cynthia Lupe, Mount St. Kirk, Brant Evan, Oregon Institute of (Creek) Nation, Oklahoma Technology, Klamath Indian Tribe of Mary’s College, Pueblo of Zia, New Maloney, Violet Spring, Northern Oregon Mexico Arizona University, Navajo Nation, Howard, Rachon Shaylynn, University Knight, Laura Ulogilv, Northeastern Arizona, New Mexico & Utah of New Mexico, Navajo Nation, State University, Choctaw Nation of Mannila, Anthony Lee, The College of Arizona, New Mexico & Utah Oklahoma Howell, Jean Gregory, University of Knudson, Nicolette Jean, University of St. Scholastica, Bad River Band of the Minnesota, Cherokee Nation, Washington, Sisseton-Wahpeton Lake Superior Tribe of Chippewa Oklahoma Sioux Tribe of the Lake Traverse Indians of the Bad River Reservation, Howell, Jesse Ray, University of Reservation, South Dakota Wisconsin Oklahoma, Choctaw Nation of Lafromboise, Sandy Marie, Minot State Manning, Tessa Leigh, University of Oklahoma College, Turtle Mountain Band of Texas Southwestern Medical School, Huerth, Benjamin Walter, University of Chippewa Indians of North Dakota Chickasaw Nation, Oklahoma Vermont, Winnebago of Nebraska Landers, Joseph Henry, University of Martin, Jamie Anne, Colorado State Huskon, Philbert, Arizona State Oklahoma, Muscogee (Creek) Nation, University, Makah Indian Tribe of the University, Navajo Nation, Arizona, Oklahoma Makah Indian Reservation, New Mexico & Utah Langan, Ashley Winona, University of Washington James, Carissa Grayce, Grand Canyon North Dakota, Turtle Mountain Band Martin-Tiller, Linda Christine, University, Navajo Nation, Arizona, of Chippewa Indians of North Dakota University of California, Confederated New Mexico & Utah Larocque, Angie Lynn, University of Tribes of the Siletz Reservation, Jensen, Janelle Blake, University of North Dakota, Turtle Mountain Band Oregon Arizona, Navajo Nation, Arizona, New of Chippewa Indians of North Dakota Martinez, Alicia Rose, University of Mexico & Utah Larson, Shelley Lynn, University of North Dakota, Yurok Tribe of the Jim, Lawanda T., University of New Alaska Anchorage, Central Council of Yurok Reservation, California Mexico, Navajo Nation, Arizona, New Tlingit & Haida Indian Tribes Martinez, Jolynn, University of New Mexico & Utah Lashley, Nathan James, Rosalind Mexico, Navajo Nation, Arizona, New Jimerson, Billye Rene, Bacone College, Franklin University, Cherokee Nation, Mexico & Utah Muscogee (Creek) Nation, Oklahoma Oklahoma Matlock, Jazmin, Oklahoma State Joe, Felma Marie, New Mexico Lauderdale, Lisa Ann, University of University, Cherokee Nation, Highlands University, Navajo Nation, Oklahoma, Kickapoo Tribe of Oklahoma Arizona, New Mexico & Utah Oklahoma Matt, Georgia Lee, Utah State Joe, John, University of New Mexico, Laurence, Kami Lynn, University of University, Blackfeet Tribe of the Navajo Nation, Arizona, New Mexico New Mexico, Navajo Nation, Arizona, Blackfeet Indian Reservation of & Utah New Mexico & Utah Montana Johnson, Brandon James, University of Lemas, Dominick Joseph, University of Mayes, Nicole Rachel, Oklahoma State Minnesota, White Earth Band of Vermont, Citizen Potawatomi Nation, University, Cherokee Nation, Chippewa Indians of Minnesota Oklahoma Oklahoma
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McCorkle, Cody W., University of Nicholson, Reuben Samuel, Western Peltier, Luke Joseph, North Dakota State Arkansas, Citizen Potawatomi Nation, New Mexico University, Nome University, Turtle Mountain Band of Oklahoma Eskimo Community Chippewa Indians of North Dakota McGeshick, Cole David, University of Nidiffer-Shelor, Amber Lynn, University Penner, Amanda Victoria, University of Washington, Sokaogon Chippewa of Oklahoma, Cherokee Nation, Oklahoma, Chicksaw Nation, Community, Wisconsin Oklahoma Oklahoma McGraw, Crystal Annette, University of Nilchee, Gregory Hashke Yitahoogal, Pete, Dornell, Yale University, Navajo Minnesota, Duluth, Sisseton- University of New Mexico, Navajo Nation, Arizona, New Mexico & Utah Wahpeton Sioux Tribe of the Lake Nation, Arizona, New Mexico & Utah Peterman, Sawyer, University of New Traverse Reservation, South Dakota Nimsey, Dallas Micah, Southwestern Mexico, Navajo Nation, Arizona, New McKerry, Jason Amel, University of Oklahoma State University, Kiowa Mexico & Utah Arizona, Navajo Nation, Arizona, New Indian Tribe of Oklahoma Petersen, Heather Rae, University of Mexico & Utah Nix, Micah Douglass, Oklahoma State South Dakota, Oglala Sioux Tribe of McLemore, Dustin James, University of University, Cherokee Nation, the Pine Ridge Reservation, South Oklahoma, Caddo Indian Tribe of Oklahoma Dakota Oklahoma Noisy Hawk, Lyle James, University of Phelps, Nichole Marie, Northeastern McNeal, Rebecca Lynne, University of Minnesota, Oglala Sioux Tribe of the State University, Cherokee Nation, Oklahoma, Choctaw Nation of Pine Ridge Reservation, South Dakota Oklahoma Oklahoma Norris, Valerie, University of Minnesota, Phillips, Lydia Elaine, Southeastern McPherson, Patricia Lee Ann, Red Lake Band of Chippewa Indians, Oklahoma State University, Choctaw University of Washington, Quapaw Minnesota Nation of Oklahoma Tribe of Indians, Oklahoma O’Brien, Nancy Sue, Rio Salado College, Pike, Breanna Janelle, University of Meierotto, Chelsie Leigh, University of Cherokee Nation, Oklahoma Arizona, Muscogee (Creek) Nation, Minnesota, Red Cliff Band of Lake O’Connell, Meghan Curry, University of Oklahoma Superior of Chippewa Indians of Washington, Cherokee Nation, Pletnikoff, Elise Marie, Carroll College, Wisconsin Oklahoma Alaska Native Miller, Carl Eugene, Rosalind Franklin O’Daye, Deena May, Grand Canyon Pond, Leland James, Arizona School of University, Muscogee (Creek) Nation, College, Reno-Sparks Indian Colony, Denistry, Assiniboine & Sioux Tribes Oklahoma Nevada of the Fort Peck Indian Reservation, Miller, Jacklyn Jean, University of North Old Coyote, Edwina Mae, University of Montana Dakota, Oglala Sioux Tribe of the Pine North Dakota, Crow Tribe of Montana Power, Jacob Alan, Midwestern Ridge Reservation, South Dakota Oldacre, Angela Marie, University of University, Cherokee Nation, Miner, Diane Nicole, Community Oklahoma, Cherokee Nation, Oklahoma College of Rhode Island, Narragansett Oklahoma Preston, Drew Alan, University of Indian Tribe of Rhode Island O’Leary, Veronica Anne, University of California, Santa Barbara, Navajo Moalemi, Nooshin Megan, Touro North Carolina, Cheyenne River Sioux Nation, Arizona, New Mexico & Utah University, Navajo Nation, Arizona, Tribe of the Cheyenne River Price, Aaron Joseph, University of New New Mexico & Utah Reservation, South Dakota Mexico, Navajo Nation, Arizona, New Mogelnicki, Lisa Suzanne, Des Moines Osborn, Kasie D., Northeastern State Mexico & Utah University, Cherokee Nation, University, Cherokee Nation, Puhuyaoma, Tammy Kae, Mesa Oklahoma Oklahoma Community College, Hopi Tribe of Monteau, Maurice James, United Tribes Page, Tyler Stephen, University of Arizona Technical College, Sisseton-Wahpeton Oklahoma, Cherokee Nation, Putnam, Sara Jane, College of Sioux Tribe of the Lake Traverse Oklahoma Menonimee Nation, Stockbridge Reservation, South Dakota Palacol, Christie Kahikuonalni, Touro Munsee Community, Wisconsin Moran, Bradley Alan, University of University, Comanche Nation, Pyatskowit, Sarah Erin, Bellin College, Montana, Turtle Mountain Band of Oklahoma Menominee Indian Tribe of Chippewa Indians of North Dakota Palmer, Jason Eric, Spokane Falls Wisconsin Morin, Georgia Maria, University of Community College, Confederate Ragsdale, Allison Lynn, Evangel North Dakota, Turtle Mountain Band Tribes of the Colville Reservation, University, Cherokee Nation, of Chippewa Indians of North Dakota Washington Oklahoma Morin, Rebecca Inez, Central Pascoe, Vannessa Hochhalter, New York Ramone, Bernadette Nina, University of Washington University, Arapahoe University, Oglala Sioux Tribe of the New Mexico, Navajo Nation, Arizona, Tribe of the Wind River Reservation, Pine Ridge Reservation, South Dakota New Mexico & Utah Wyoming Patton, Mary, Murray State College, Rasor, Joseph James, Midwestern Morris, Winifred, University of New Chickasaw Nation, Oklahoma University, Navajo Nation, Arizona, Mexico, Navajo Nation, Arizona, New Paul, Kimberly Lynn, Blackfeet New Mexico & Utah Mexico & Utah Community College, Blackfeet Tribe Razote, Antoinette Jo, Eastern Morrison, Clint Justin, University of of the Blackfeet Indian Reservation of Washington University, Sisseton- Oklahoma, Choctaw Nation of Montana Wahpeton Sioux Tribe of the Lake Oklahoma Peak, Stephanie Gail, Oklahoma Traverse Reservation, South Dakota Murray, Sara Emily, University of Wesleyan University, Cherokee Redcorn, Moira Ambrose, Oklahoma Oklahoma, Choctaw Nation of Nation, Oklahoma State University, Osage Tribe, Oklahoma Pearish, Loni Dawn, Northeastern State Oklahoma Nanez, Jennifer Sims, New Mexico University, Cherokee Nation, Reising, Kotanne Tenas, Medical Highlands University, Pueblo of Oklahoma College of Wisconsin, Menominee Acoma, New Mexico Pearman, Zachary Brain, University of Indian Tribe of Wisconsin Nelson, Celeste Irene, Dartmouth Wyoming, Cheyenne River Sioux Renfrow, Miranda Kirstin, Oklahoma Medical School, Ely Shoshone Tribe Tribe of the Cheyenne River State University, Choctaw Nation of of Nevada Reservation, South Dakota Oklahoma
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Rice, Lily A., University of North Sennett, Floy Lumae, Oklahoma Stitzer, Michael Eric, Mount Sinai Dakota, Prairie Band of Potawatomi Wesleyan University, Cherokee School of Medicine, Rancheria of Nation, Kansas Nation, Oklahoma Maidu Indians of California Richards, Spencer L., University of Shadaram, Sara Roya, University of Stone, Jennifer June, University of North Dakota, Oglala Sioux Tribe of Oklahoma, Cheyenne-Arapaho Tribes Oklahoma, Choctaw Nation of the Pine Ridge Reservation, South of Oklahoma Oklahoma Dakota Shangin, Nicole Danielle, Seattle Pacific Strong, Charles Joseph, University of Richardson, Charlene Martha, South University, Ivanoff Bay Village Texas, Chickasaw Nation, Oklahoma Dakota State University, Oglala Sioux Shea-Walters, Tamara Renee, Southwest Sun Rhodes, Neil Altair, Oregon Health Tribe of the Pine Ridge Reservation, Missouri State University, Alaska Sciences University, Arapahoe Tribe South Dakota Native of the Wind River Reservation, Riffe, Evelyn Laura, University of Shepard, Cristopher Allan Joseph, Wyoming Alaska, Native Village of Hooper Bay University of Nevada, Santee Sioux Sweeney, Michael Aaron, Case Western Riggs, Jaclyn Nichole, Southern Illinois Tribe of the Santee Reservation of Reserve University, Choctaw Nation University, Cheyenne-Arapaho Tribes Nebraska of Oklahoma Syverson, Ashleigh Marie, North Dakota of Oklahoma Shipley-Skaggs, Amanda Marie, State University, White Earth Band of Ritter, Tara Jean, Oklahoma Wesleyan Southwestern Oklahoma State Chippewa Indians of Minnesota University, Cherokee Nation, University, Cherokee Nation, Tapp, Jamie Lynn, Southwestern Oklahoma Oklahoma Oklahoma State University, Robinson, Charlene, University of Sieler, Sean Richard, South Dakota State Chickasaw Nation, Oklahoma Arizona, Navajo Nation, Arizona, New University, Cheyenne River Sioux Tarango, Elena Marveya, Western Mexico & Utah Tribe of the Cheyenne River College of Health Science, Ione Band Rodriguez, Suzanne-Linette, Eastern Reservation, South Dakota of Miwok Indians of California Washington University, Pueblo of Simmons, Joseph Nicholas, Campbell Tarbell, Stephen Charles, University of Isleta, New Mexico University, Coharie Indian Tribe of Buffalo, St. Regis Band of Mohawk Rogers, Brandon Scott, University of North Carolina Indians of New York Oklahoma, Cherokee Nation, Sixkiller, Cheryl Lynn, University of Taylor, Jennifer Elise, New York Oklahoma Oklahoma, Cherokee Nation, University, Pit River Tribe Rogers, Kalen Jared, University of Oklahoma Taylor, Kevin Eric, Northeastern State Oklahoma, Chickasaw Nation, Skeets, Jennifer A., University of New University, Kaw Nation, Oklahoma Oklahoma Mexico, Navajo Nation, Arizona, New Taylor, Timothy Michael, Missouri Romero, Tanya Sanka, Paradise Valley Mexico & Utah Southern State College, Citizen Community College, Tohono Small, Shiloh Nicole, University of Potawatomi Nation, Oklahoma O’odham Nation of Arizona North Dakota, Northern Cheyenne Teller, Terry Lee, University of New Romero, Teresa Beth, University of Tribe of the Northern Cheyenne Mexico, Navajo Nation, Arizona, New North Dakota, Turtle Mountain Band Indian Reservation, Montana Mexico & Utah of Chippewa Indians of North Dakota Smith, Lavonda, University of New Thomas, Jacob Frederick, Concordia Roselius, Kassi, Southern Nazarene Mexico, Navajo Nation, Arizona, New College, Turtle Mountain Band of University, Citizen Potawatomi Mexico & Utah Chippewa Indians of North Dakota Nation, Oklahoma Smoke, Leah Ruth, Northern Arizona Thomas, Levon Totsohnii, Ross, Matthew, Northeastern State University, St. Regis Band of Mohawk Massachusetts Institute of University, Cherokee Nation, Indians of New York Technology, Navajo Nation, Arizona, Oklahoma Snell, Deborah Diane, Northweastern New Mexico & Utah Rucker-Whytal, Amanda Anne, Kansas State University, Cherokee Nation, Thompson, Weston Dewey, City University of Medicine & Oklahoma Southwestern Oklahoma State Biosciences, Osage Tribe, Oklahoma Soliz, Narcisso, Southwestern University, Cherokee Nation, Salois-Albert, Shaunda Marie, Walla Oklahoma State University, Rosebud Oklahoma Tincher, Amber Nicoler, University of Walla College, Confederated Salish & Sioux Tribe of the Rosebud Indian North Dakota, Assiniboine & Sioux Kootenai of the Flathead Reservation, Reservation, South Dakota Tribes of the Fort Peck Indian Montana Southerland, Aaron Chase, University of Reservation, Montana Sanderson, Kendra Marie, University of Oklahoma, Choctaw Nation of Toadlena, Evelyn, Western New Mexico Arizona, Navajo Nation, Arizona, New Oklahoma University, Navajo Nation, Arizona, Mexico & Utah Spencer, Anne P, University of New New Mexico & Utah Schmidt, Erin Michelle, University of Mexico, Navajo Nation, Arizona, New Todachine, Katie Bah, University of Oklahoma, Muscogee (Creek) Nation, Mexico & Utah New Mexico, Navajo Nation, Arizona, Oklahoma Stabnow, Wendy Marlene, Ogalala New Mexico & Utah Schoemann, Lindsey Tanner, University Lakota College, Oglala Sioux Tribe of Todicheeney, Sharlene Lynn, University of Oklahoma, Citizen Potawatomi the Pine Ridge Reservation, South of New Mexico, Navajo Nation, Nation, Oklahoma Dakota Arizona, New Mexico & Utah Scott, Jessica Robin, University of Stevens, Erika S., Central Washington Tom, Jennifer Michell, Hunter College, Washington, Central Council of University, Native Village of Eagle Choctaw Nation of Oklahoma Tlingit & Haida Indian Tribes Stickler, Desiree Nadine, University of Tom, Valora Jean, Texas Women’s Scott, Margaret Rochan, University of Alaska, Central Council of Tlingit & University, Navajo Nation, Arizona, North Dakota, Spokane Tribe of the Haida Indian Tribes New Mexico & Utah Spokane Reservation, Washington Stimson, Danielle Rain, Eastern Tonasket, Joleen Michele, Eastern Secody, Farrah Lisa, Arizona State Washington University, Blackfeet Washington University, Spokane University, Navajo Nation, Arizona, Tribe of the Blackfeet Indian Tribe of the Spokane Reservation, New Mexico & Utah Reservation of Montana Washington
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Townsend, Travis J., University of New White, Jennifer Lorraine, Oral Roberts Blackfeet Indian Reservation of Mexico, Pueblo of Acoma, New University, Cherokee Nation, Montana Mexico Oklahoma Woodward, Tiana Amanda, University Trammel, Errin Michelle, Bacone Whitehair, Orlantha, University of of Oklahoma, Muscogee (Creek) College, Cherokee Nation, Oklahoma Arizona, Navajo Nation, Arizona, New Nation, Oklahoma Tsinigini, Alberta, University of New Mexico & Utah Wyczynski, Cheryl Leann, Labette Mexico, Navajo Nation, Arizona, New Whitehair, Robbie Gayle, University of Community College, Quapaw Tribe of Mexico & Utah New Mexico, Navajo Nation, Arizona, Indians, Oklahoma Tsosie, Carol Renee, Phoenix College, New Mexico & Utah Yazzie, Celia Rose, University of New Navajo Nation, Arizona, New Mexico Willey, Matthew Hallett, East Central Mexico, Navajo Nation, Arizona, New & Utah University, Muscogee (Creek) Nation, Mexico & Utah Turney, Jarett Brandon, Marquette Oklahoma Yazzie, Delvin, University of Arizona, University, Cherokee Nation, Wilkerson, Thaddus Donavan, Navajo Nation, Arizona, New Mexico Oklahoma University of New Mexico, Navajo & Utah Tutt, Jaclyn Cindy, Phoenix College, Nation, Arizona, New Mexico & Utah Yazzie, Maria, University of New Williams, Alice, Northland Pioneer Navajo Nation, Arizona, New Mexico Mexico, Navajo Nation, Arizona, New College, Navajo Nation, Arizona, New & Utah Mexico & Utah Mexico & Utah Tveit, Adrienne Hilda, Washington Yazzie, Shelia Rae, University of Utah, Williams, Clarrisa, University of State University, Central Council of Navajo Nation, Arizona, New Mexico Arizona, Navajo Nation, Arizona, New Tlingit & Haida Indian Tribes & Utah Mexico & Utah Uhl, Sarah Elizabeth, Baylor University, Yazzie, Tomantha, Northern Arizona Williams, Jennifer Brooke, Rice University, Navajo Nation, Arizona, Cherokee Nation, Oklahoma University, Choctaw Nation of Vitz, Kelly Anne, George Washington New Mexico & Utah Oklahoma Yepa, Kristyn Nazarita, University of University, Hopi Tribe of Arizona Williams, Michelle Ann, New Mexico New Mexico, Pueblo of Jemez, New Walker, Jonathan Bayless, Oklahoma Highlands University, Navajo Nation, Mexico State University, Choctaw Nation of Arizona, New Mexico & Utah Young, Naomi J., University of Arizona, Oklahoma Williams, Scott Bradley, University of Navajo Nation, Arizona, New Mexico Walker, Lindsay Allison, University of Iowa, Cherokee Nation, Oklahoma & Utah North Carolina, Eastern Band of Williams-Burns, Amanda Kate, Zackery, Kathryn Sue, Oklahoma State Cherokee Indians of North Carolina Southwestern Oklahoma State University, Muscogee (Creek) Nation, Walker, Marshall Austin, University of University, Muscogee (Creek) Nation, Oklahoma Oklahoma, Cherokee Nation, Oklahoma Zunie, Kimberly Cheryl, University of Oklahoma Willis, Wade Kennedy, University of Arizona, Zuni Tribe of the Zuni Walker-Charles, Cheryl Lynette, Oklahoma, Cherokee Nation, Reservation, New Mexico University of New Mexico, Navajo Oklahoma Zupan, Sherie Lee, University of North Nation, Arizona, New Mexico & Utah Wilson, Hailey Lafrance, Lewis and Dakota, Turtle Mountain Band of Wallace, Becky Lee, College of St. Clark State College, Nez Perce Tribe of Chippewa Indians of North Dakota Catherine, Winnebago or Nebraska Idaho FOR FURTHER INFORMATION CONTACT: The Wanna, Jessica Jean, Minnesota State Wilson, Kelli Rae Lee, University of Indian Health Service Scholarship University, Sisseton-Wahpeton Sioux Central Oklahoma, Seminole Nation Branch, 801 Thompson Avenue, Suite Tribe of the Lake Traverse of Oklahoma 120, Rockville, MD 20852, Telephone: Reservation, South Dakota Wilson, Lowery Elizabeth, University of (301) 443–6197, Fax: (301) 443–6048. Ward, Jennifer Elaine, Kirksville College Oklahoma, Cherokee Nation, of Osteopathic Medicine, Cherokee Oklahoma Dated: January 11, 2006. Nation, Oklahoma Wilson, Patricia Kay, University of New Charles W. Grim, Ward, Micah N., University of Mexico, Navajo Nation, Arizona, New Assistant Surgeon General, Director, Indian Oklahoma, Citizen Potawatomi Mexico & Utah Health Service. Wilson, Sharon Jean, Northern Arizona Nation, Oklahoma [FR Doc. 06–453 Filed 1–18–06; 8:45 am] University, Navajo Nation, Arizona, Warlick, Katie Larue, University of BILLING CODE 4165–16–M New Mexico & Utah Oklahoma, Cherokee Nation, Wilson, Winter Marie, University of Oklahoma North Dakota, Death Valley Timbi-Sha Watts, Candace Summer, Hampton DEPARTMENT OF HEALTH AND Shoshone Band of California HUMAN SERVICES University, Navajo Nation, Arizona, Wind, Amber Rose, Seminole State New Mexico & Utah College, Seminole Nation of National Institutes of Health Weaver, Tony Lee, University of Mobile, Oklahoma Mowa Band of Choctaw Indians of Winship, Venita Lynn, East Central Submission for OMB Review; South Alabama University, Choctaw Nation of Comment Request; Field Test of the Wells, Natasha Nicole, Colorado State Oklahoma Discovering the Science of Alcohol University, Standing Rock Sioux Winton, Lindsay Dallas, University of Curriculum Tribe of North & South Dakota Oklahoma, Cherokee Nation, Werner, Gwenlynn Laine, Arizona Oklahoma SUMMARY: Under the provisions of School of Dentistry, Navajo Nation, Woodard, David Rush, University of Section 3507(a)(1)(D) of the Paperwork Arizona, New Mexico & Utah Missouri, Osage Tribe, Oklahoma Reduction Act of 1995, the National West, Latoya Ann, University of New Woods, Tabatha Victoria, Northeastern Institute on Alcohol Abuse and Mexico, Navajo Nation, Arizona, New State University, Cherokee Nation, Alcoholism (NIAAA), the National Mexico & Utah Oklahoma Institutes of Health (NIH) has submitted White, Christine Anne, University of Woodward, Amber Gail, University of to the Office of Management and Budget Washington, Sitka Tribe of Alaska Montana, Blackfeet Tribe of the (OMB) a request to review and approve
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the information collection listed below. activities. Curriculum materials include satisfaction with the DSA curriculum This proposed information collection a teacher’s guide and Web site. The field components. (2) For students, an was previously published in the Federal test is necessary to estimate the DSA anonymous, online, computerized Register on August 15, 2005, page 47840 curriculum’s effectiveness in conveying survey that measures three factors: (a) and allowed 60 days for public information to students and teachers. Student knowledge of the DSA comment. One public comment was Specifically, the field study is components, (b) student attitudes, received from the New York State Office designed to enable NIAAA to determine beliefs, and intentions, and (c) student of Alcoholism and Substance Abuse whether teachers and students who satisfaction with the DSA curriculum Services (OASAS) and was responded to complete the DSA curriculum components. on August 31, 2005. The purpose of this demonstrate significantly greater Frequency of response: Once per notice is to allow an additional 30 days knowledge of the topics covered in the respondent. for public comment. The National curriculum than teachers and students Affected Public: Individuals. who do not use the DSA curriculum. In Institutes of Health may not conduct or Type of Respondents: Biology/Science addition, the study is designed to enable sponsor, and the respondent is not teachers and high school students. required to respond to, an information NIAAA to determine whether the students who are exposed to the The reporting burden is as follows: collection that has been extended, Estimated Number of Respondents: It is revised, or implemented on or after curriculum components self-report different beliefs, attitudes, and estimated that we will be able to recruit October 1, 1995, unless it displays a approximately 60 teachers and currently valid OMB control number. intentions regarding alcohol use than their counterparts who are not exposed approximately 1000 students. Proposed Collection to the curriculum at their schools. Estimated Number of Responses per Title: Field Test of the Discovering the Participating in this field test will be Respondent: One Response per Science of Alcohol Curriculum. an experimental group of 30 high school respondent. Type of Information Collection biology classrooms with a total of Average Burden Hours per Response: Request: New. approximately 400 to 500 students and 15 minutes per individual in the control Need and Use of Information a control group of 30 high school group and 30 minutes per individual in Collection: The Discovering the Science biology classrooms with approximately the experimental group, for a total of Alcohol curriculum (DSA) was 400 to 500 students. Teachers and respondent burden of 662.5 hours. developed with a Phase II SBIR grant to students from grades 9, 10, 11, and 12 Estimated Costs to Respondents: bring accurate, research-based will comprise both groups. The field test Assuming an hourly rate of $22 for information to high school students in will include two surveys: (1) An online, teachers, we estimate the total costs to biology and science classrooms. The computerized survey that measures be $825. There are no Capital Costs to curriculum includes standards-based teachers’ knowledge of the DSA report. There are no Operating or content objectives and assessment curriculum components and teacher Maintenance costs to report.
TABLE 1.—TOTAL RESPONDENTS AND BURDEN
Estimated Instrument Number of Hours per Hourly rate Total hour monetary cost respondents respondent burden of burden
Experimental Group: Teacher content knowledge instrument & curriculum satisfaction survey ...... 30 0.75 $22 22.5 $495 Student survey (knowledge, attitudes and intentions) & curriculum satisfaction survey ...... 500 0.75 0 375 0 Control Group: Teacher content knowledge instrument ...... 30 0.50 22 15 330 Student survey (knowledge, attitudes and intentions) 500 0.50 0 250 0
Total ...... 1060 — — 662.5 $825
Request for comments: Written collection of information on those who information on the proposed project or comments and/or suggestions from the are to respond, including the use of to obtain a copy of the data collection public and affected agencies are invited appropriate automated, electronic, plans and instruments, contact: Jason I. on one or more of the following points: mechanical, or other technological Lazarow, NIH/NIAAA/ORTC/HSEB, (1) Whether the proposed collection of collection techniques or other form of 5635 Fishers Lane, Room 3101, MSC information is necessary for the proper information technology. 9304, Bethesda, MD 20892–9304, or e- performance of the function of the Direct Comments to OMB: Written mail your request to: agency, including whether the comments and/or suggestions regarding [email protected]. Mr. Lazarow can information will have practical utility; the items(s) contained in this notice, be contacted by telephone at 301–435– (2) The accuracy of the agency’s especially regarding the estimated 8043. estimate of the burden of the proposed public burden and associated response Comments Due Date: Comments collection of information, including the time, should be directed to the: Office regarding this information collection are validity of the methodology and of Management and Budget, Office of assumptions used; (3) Ways to enhance Regulatory Affairs, New Executive best assured of having their full effect if the quality, utility, and clarity of the Office Building, Room 10235, received within 30 days of the date of information to be collected; and (4) Washington, DC 20503, Attention: Desk this publication. Ways to minimize the burden of the Officer for NIH. To request more
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Dated: January 5, 2005. DEPARTMENT OF HOMELAND United States and the airport to provide Stephen Long, SECURITY written notice of the determination, Executive Officer, NIAAA. either on or with the ticket, to all Security of Aircraft and Safety of [FR Doc. 06–490 Filed 1–18–06; 8:45 am] passengers purchasing transportation Passengers Transiting Denpesar, Bali, between the United States and the BILLING CODE 4140–01–M Indonesia airport. 49 U.S.C. 44907(d)(1)(B). On December 23, 2005, the Secretary AGENCY: Department of Homeland of Homeland Security notified the DEPARTMENT OF HEALTH AND Security. Government of Indonesia that, under 49 HUMAN SERVICES ACTION: Notice. U.S.C. 44907, he had determined that Bandara Ngurah Rai International National Institutes of Health SUMMARY: This document informs the public that the Department of Homeland Airport (DPS), Denpesar, Bali, National Cancer Institute; Notice of Security (DHS) has determined that Indonesia, did not maintain and carry- out effective security measures. He Closed Meeting Bandara Ngurah Rai International based the determination on Airport, Denespar, Bali, Indonesia, does Transportation Security Administration Pursuant to section 10(d) of the not maintain and carry out effective (TSA) assessments that security Federal Advisory Committee Act, as security measures. Pursuant to this measures used at DPS did not meet the amended (5 U.S.C. Appendix 2), notice determination, the Department of standards established by the Homeland Security is directing all U.S. is hereby given of the following International Civil Aviation and foreign air carriers (and their meeting. Organization (ICAO). The meeting will be closed to the agents) providing service between the The Department of Homeland U.S. and Bandara Ngurah Rai public in accordance with the Security (DHS) is issuing this document, International Airport to provide notice provisions set forth in sections pursuant to 49 U.S.C. 44907(d)(1), to of this determination to any passenger inform the public of this determination. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., purchasing a ticket for transportation as amended. The grant applications and DHS directs that all U.S. airports with between the United States and Bandara regularly scheduled air carrier the discussions could disclose Ngurah Rai International Airport. DHS confidential trade secrets or commercial operations prominently display a notice also is requiring that U.S. airports post of the determination. Further, DHS is property such as patentable material, a notice of the determination, in and personal information concerning notifying the news media of this accordance with statutory requirements. determination. In addition, as a result of individuals associated with the grant FOR FURTHER INFORMATION CONTACT: this determination, 49 U.S.C. applications, the disclosure of which Richard H. Stein, General Manager, 44907(d)(1)(B) requires that each U.S. would constitute a clearly unwarranted International, Transportation Security and foreign air carrier (and their agents) invasion of personal privacy. Administration, 601 South 12th Street, providing transportation between the Name of Committee: National Cancer Arlington, VA 22202–4220, Telephone: United States and DPS provide notice of Institute Initial Review Group, Subcommittee (571) 227–2764, e-mail: the Department’s determination to each G—Education. [email protected]. passenger buying a ticket for Date: February 13–14, 2006. Notice transportation between the United Time: 8 a.m. to 5 p.m. States and DPS, with such notice to be Agenda: To review and evaluate grant Pursuant to 49 U.S.C. 44907(a), the made by written material included on or applications. Secretary of Homeland Security (the with such ticket. Place: Double Tree Rockville, 1750 Secretary) is authorized to assess Dated: December 23, 2005. Rockville Pike, Rockville, MD 20852. periodically the effectiveness of the Michael Chertoff, Contact Person: Sonya Roberson, PhD, security measures maintained by foreign Scientific Review Administrator, Resources airports that handle air carriers serving Secretary. and Training Review Branch, Division of the United States or that may pose a [FR Doc. E6–523 Filed 1–18–06; 8:45 am] Extramural Activities, National Cancer ‘‘high risk of introducing danger to BILLING CODE 4910–62–P Institute, 6116 Executive Blvd., Room 8045, international air travel.’’ If the Secretary Bethesda, MD 20892, (301) 594–1182, determines that a foreign airport does [email protected]. not maintain and carry out effective DEPARTMENT OF HOMELAND SECURITY (Catalogue of Federal Domestic Assistance security measures, the Secretary is required to ‘‘notify the appropriate Program Nos. 93.392, Cancer Construction; National Bio and Agro-Defense Facility authorities of the government of the 93.393, Cancer Cause and Prevention (NBAF); Notice of Request for foreign country of the decision and Research; 93.394, Cancer Detection and Expression of Interest for Potential recommend the steps necessary to bring Diagnosis Research; 93.395, Cancer Sites for the NBAF Treatment Research; 93.396, Cancer Biology the security measures up to the standard Research; 93.397, Cancer Centers Support; used * * * in making the assessment.’’ AGENCY: Science and Technology 93.398, Cancer Research Manpower; 93.399, 49 U.S.C. 44907(c). Directorate (Office of Research & Cancer Control, National Institutes of Health, Further, the Secretary must: (a) Development), DHS. HHS.) Publish the identity of the foreign SUMMARY: The U.S. Department of airport in the Federal Register, (b) post Homeland Security (DHS) is exploring Dated: January 9, 2006. the identity of such airport at all U.S. potential sites for a proposed new Anna Snouffer, airports that regularly provide national research and development Acting Director, Office of Federal Advisory scheduled air carrier operations, and (c) (R&D) asset, the National Bio and Agro- Committee Policy. notify the news media of the identity of Defense Facility (NBAF), which is in the [FR Doc. 06–489 Filed 1–18–06; 8:45 am] the airport. 49 U.S.C. 44907(d). In planning phase. The proposed facility BILLING CODE 4140–01–M addition, the statute requires all air size is approximately 500,000 ft2 and its carriers providing service between the site will require a minimum of 30 acres.
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DHS is requesting Expressions of Why a New Facility? The proposed capabilities needed to host the NBAF Interest from Federal agencies, State and NBAF is an integrated human, foreign facility. A consortium could be an Local governments, industry, academia, animal, and zoonotic disease research, appropriate respondent. NBAF is the interested parties and organizations for development and testing facility that proposed new facility and is in the potential locations that would will support the complementary planning phase. All viable options will accommodate the construction and missions of the Department of be evaluated for the location of the operation of the NBAF. A consortium Homeland Security (DHS), the facility (i.e., Federal government could be an appropriate respondent. Department of Human Health and property, Federal research property, DHS will ultimately compile a short Services (HHS) and the United States land deeded to the government, long- list of sites for analysis as reasonable Department of Agriculture (USDA). term lease, commercial site, etc.). alternatives to be considered in a NBAF would provide new research, This request for expression of interest, National Environmental Policy Act development, testing and evaluation published in today’s Federal Register, is (NEPA) Environmental Impact infrastructure that will allow for the first step in the process to consider Statement (EIS), which will assess the research to enhance agricultural and site options for the NBAF. environmental impacts of constructing public health. This capability is needed DHS will evaluate each EOI and operating the NBAF facility at the to fill a critical gap in the nation’s agro submission using 4 site criteria various alternative sites. and biodefense plan. categories (research capabilities, DHS currently expects to publish a The proposed NBAF is envisioned to workforce, acquisition/construction/ Notice of Intent (NOI) to prepare an EIS provide the nation with the first operating and community acceptance) in the fall of 2006, at which time the integrated agricultural, zoonotic disease, to determine if it should be further public will have the opportunity to and public health research, evaluated as part of the site planning process. comment on the scope of the analysis. development, testing, and evaluation facility with the capability to address Research capabilities includes DATES: Interested parties wishing to threats from human pathogens, high- proximity to: (a) Existing research make an Expression of Interest should consequence zoonotic disease agents, programs [medical/veterinary/ do so in writing by March 31, 2006 to and foreign animal diseases. The NBAF agriculture] that can be linked to NBAF ensure their consideration. would enhance the national bio-defense mission requirements, (b) strength and ADDRESSES: Please submit Expressions complex by modernizing and integrating breadth of scientific community and of Interest to: Department of Homeland agriculture biocontainment laboratories infrastructure, (c) ability of the proposed Security, 245 Murray Lane SW., Bldg. for foreign animal disease, human site and surrounding community to 410, Attn: Glynis Fisher, Washington, pathogens, and zoonotic diseases and absorb additional research programs and DC 20528. For FEDEX, UPS, DHL, etc. could require Biosafety Level (BSL) 3 infrastructure, (d) experience of existing deliveries use the mailroom phone Agricultural and BSL 4 laboratory research programs with BSL3 and/or 4 number 202–772–9747. spaces. It would also provide the agents, (e) proximity to other related FOR FURTHER INFORMATION CONTACT: additional infrastructure required for scientific programs and research Glynis Fisher by e-mail at glynis. threat and vulnerability assessments infrastructure, and (f) proximity to [email protected] or by fax to 202–205– and for testing and evaluating promising vaccine industry capability. 3204. foreign animal disease countermeasures. Workforce includes proximity to the Currently, the Plum Island Animal following: (a) Critical mass of SUPPLEMENTARY INFORMATION: Disease Center (PIADC) provides the intellectual research capacity, (b) Background only U.S. research and confirmatory recruiting opportunities for research diagnostic capability for high- staff, (c) local labor force availability for Development of an integrated, consequence foreign animal diseases. It operations staff with expertise in national bio and agro-defense strategy is also the only laboratory in the U.S. operating a biocontainment facility, and has revealed that the current national equipped with research facilities that (d) capability to meet mutual aid bio and agro-defense capabilities are permit study of these diseases in (police/fire/hospital) requirements to inadequate to meet future research livestock, such as cattle, sheep and operate facility and be able to meet requirements supporting both swine. Recognizing that protecting the physical security requirements for a agricultural and public health national agricultural infrastructure is a critical BSL3/4 facility. security. Foreign animal disease studies, element of our Nation’s homeland Acquisition/construction/operations public health threats from emerging, security, the Homeland Security Act of includes: (a) Land acquisition/ high-consequence zoonotic pathogens, 2002 transferred the ownership of the development potential to locate the and the need for development and PIADC from the United States facility, (b) access to the site by licensure of medical countermeasures, Department of Agriculture (USDA) to highways and proximity to international are generating additional demands for the DHS. While DHS now has airports, (c) environmental biocontainment laboratory space. responsibility for operating PIADC, both compatibility with the intended use of Current laboratory space available in the DHS and USDA conduct programs there the site, (d) adequate utility U.S. is not sufficient to support the as part of an integrated agro-defense infrastructure to support operations of increasing levels of research, strategy. The proposed NBAF would facility, and (e) availability of local labor development, and testing needed to replace the existing PIADC facility and force for construction. meet the growing concerns about enhance capabilities to meet the Community acceptance includes accidental or intentional introduction of mandated national bio and agro-defense letters of support for locating NBAF at foreign animal diseases into this mission requirements of DHS, HHS and the site (i.e., local and state country. Additional capability and USDA. Request for Expression of governments, national and local capacity are also needed for high- Interest: DHS requests Expressions of agricultural producer and commodity consequence zoonotic disease Interest from Federal agencies, State and stakeholders, industry, academia, etc.). countermeasures research and Local governments, industry, academia, DHS requires the following development and medical interested parties and organizations to information for each proposed NBAF countermeasure testing and evaluation. identify potential sites with the location:
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1. A description of your consortium/ contact and contracting officer, as DEPARTMENT OF HOMELAND organization, its capabilities to support applicable. SECURITY the location of the NBAF at its Proprietary Information: If the Office of the Secretary recommended site, and its interest in Expression of Interest contains the DHS’s NBAF program. 2. Letters of support for locating the information that the submitter believes [DHS–2005–0054] NBAF facility at the site (i.e., local and is privileged or confidential, the appropriate portions of the submission Privacy Act of 1974; Systems of state government, academia, industry, Records etc.). should be marked ‘‘Proprietary 3. A description of how the potential Information.’’ This restriction does not AGENCY: Privacy Office; Department of site addressed the four site criteria limit the Government’s right to use or Homeland Security. categories (research capabilities, disclose data obtained without ACTION: Notice of Privacy Act system of workforce, and acquisition/ restriction from any source, including records. construction/operating) described the respondent. above. Submission: Submissions received SUMMARY: The Bureau of Customs and 4. A map showing the location of the after the closing date will not be Border Protection proposes to revise its potential site, nearby (within 10 miles) considered. Each submittal (with full system of records for collecting carrier, political boundaries, demographics and broker and importer/exporter account characteristics of surrounding contact information: name, address, phone, fax and e-mail) should consist of information to both update the system communities (within 10 miles), and to add as a category of records the an original plus three photocopies, and historical and cultural resources on site customs declarations that postal mailers DHS also requests that the submittal and contiguous to property, roads, are required to complete for railroads, airports, water bodies, include an electronic version of all international mail transactions. parkland or other environmentally materials, preferably in PDF format. DATES: The new system of records will sensitive areas, and ecological DHS will not consider attachments or be effective February 21, 2006 unless characteristics of site. appendices. Faxed or e-mailed comments are received that result in a 5. A site description including submissions will not be accepted. ownership, total site acreage and contrary determination. Respondents may submit written ADDRESSES: You may submit comments, acreage available for development questions within 20 business days of (minimum 30 acres for NBAF facility); identified by DHS–2005–0054, by one of this notice being published. Questions existing physical infrastructure the following methods: may be submitted by e-mail to • including number of structures, their Federal eRulemaking Portal: http:// size, vintage and current use; current [email protected] or by fax to 202– www.regulations.gov. Follow the activities; on-site tenants (if applicable); 205–3204. The responses to frequently instructions for submitting comments estimated cost as tenant, access control asked questions, any other significant via docket number DHS–2005–0054. • systems; bioagent and hazardous questions and any amendments or Fax: 202–572–8727. • materials handling at the site; waste corrections to the EOI will be posted on Mail: Comments by mail are to be management activities and capabilities the NBAF Planning and Outreach Web addressed to the Regulations Branch, for solid and liquid waste; previous site at www.dhs.gov/nbaf. Office of Regulations and Rulings, regulatory compliance problems and DHS is under no obligation to pay for Bureau of Customs and Border past/current environmental concerns/ any costs associated with the Protection, 1300 Pennsylvania Avenue, contamination and clean up. preparation or submission of NW. (Mint Annex), Washington, DC 20229. Comments by mail may also be 6. Availability/access to utilities Expressions of Interest in response to submitted to Maureen Cooney, Acting (electric, water, steam, chilled water, this notice. DHS reserves the right to distilled water) at the site for state-of- Chief Privacy Officer, Department of respond or not respond to any portion, Homeland Security, 601 S. 12th Street, the-art biocontainment laboratory. all, or none of the Expressions of 7. Safety and occupational health, risk Arlington, VA 22202–4220. management and environmental Interest submitted in response to this Instructions: All submissions received surveillance at the site. Notice. Responders whose submissions must include the agency name and Expression of Interest Format: The are deemed worthy of further docket number for this rulemaking. All length of the Expression of Interest consideration given the criteria comments received will be posted should be no more than 20 pages (letters expressed herein may be asked to without change to http:// of support do not count against page provide additional information. DHS’s www.regulations.gov, including any limit) using 12-point font. While the further consideration of certain personal information provided. For responder may determine how best to Responders’ Expressions of Interest does detailed instructions on submitting use the 20 pages, we recommend the not obligate DHS to provide funds to comments and additional information following format: SECTION 1— such Responders or to enter into on the rulemaking process, see the Summary; SECTION 2—Description of contractual relationships with such ‘‘Public Participation’’ heading of the location with specific reference to the 7 Responders. SUPPLEMENTARY INFORMATION section of items requested by DHS above; this document. Dated: December 28, 2005. SECTION 3—Discussion of the site Docket: For access to the docket to criteria categories related to state-of-the- Maureen I. McCarthy, read background documents or art biocontainment laboratories or Director, Office of Research and Development, comments received, go to http:// operations of similar complexity. When Department of Homeland Security. www.regulations.gov. Submitted describing similar work that has been [FR Doc. E6–512 Filed 1–18–06; 8:45 am] comments may also be inspected during performed, include the name of the BILLING CODE 4410–10–P regular business days between the hours organization, contract number if of 9 a.m. and 4:30 p.m. at the applicable, and name and telephone Regulations Branch, Office of number of the organization’s point of Regulations and Rulings, Bureau of
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Customs and Border Protection, 799 9th The Privacy Act requires each agency CATEGORIES OF RECORDS IN THE SYSTEM: Street, NW., 5th Floor, Washington, DC. to publish in the Federal Register a The database is comprised of carrier, Arrangements to inspect submitted description denoting the type and broker, and importer/exporter account comments should be made in advance character of each system of records that information (this includes personally by calling Mr. Joseph Clark at (202) 572– the agency maintains, and the routine identifying information (name and 8768. uses that are contained in each system address, phone and/or fax), as well as FOR FURTHER INFORMATION CONTACT: in order to make agency recordkeeping the Significant Activity Log (a message Laurence E. Castelli (202–572–8712), practices transparent, to notify log between the ACE Portal Account Chief, Privacy Act Policy and individuals regarding the uses to which Owner and CBP that tracks their Procedures Branch, Bureau of Customs personally identifiable information is communications sent through ACE) and and Border Protection, Office of put, and to assist the individual to more the Action Plans referenced in the Regulations & Rulings, Mint Annex, easily find such files within the agency. Significant Activity Log), entry 1300 Pennsylvania Ave., NW., DHS is here publishing a description information, and manifest information. Washington, DC 20229. of the Automated Commercial The database also includes information obtained from Customs declarations SUPPLEMENTARY INFORMATION: The Environment system of records. In Bureau of Customs and Border accordance with 5 U.S,C. 552a(r), a filed with the United States Postal Protection (CBP) is engaged in a multi- report concerning this record system has Service in connection with the import year modernization effort to update its been sent to the Office of Management or export of goods through the mail. information systems. As part of this and Budget and to the Congress. System files may contain information about DHS/CBP employees, other modernization effort, CBP has Interested persons are invited to Federal employees, companies, and developed the Automated Commercial participate in this rulemaking by individuals involved in commercial Environment (ACE) to streamline submitting written data, views, or land, sea, and/or air border transactions. business processes, to facilitate growth arguments on all aspects of the proposed rule. CBP also invites The following information may be in trade, to ensure cargo security, to stored in the database for the provide means to combat terrorism comments that relate to the economic, environmental, or federalism affects that establishment of an ACE Secure Data through monitoring what materials and Portal truck carrier account: Carrier which persons enter and leave the might result from this proposed rule. Comments that will provide the most name, Carrier address, Carrier country, and to foster participation in identification (i.e., the truck carrier global commerce, while ensuring assistance to CBP in developing these procedures will reference a specific identification SCAC code (the unique compliance with U.S. laws and Standard Carrier Alpha Code) assigned regulations. ACE replaces CBP’s current portion of the proposed rule, explain the reason for any recommended change, for each carrier by the National Motor Automated Commercial System, a Freight Traffic Association), Department twenty-plus-year-old trade information and include data, information, or authority that support such of Transportation number, Taxpayer ID database. number, DUNS (Dun and Bradstreet recommended change. The operation of ACE will require that Number), Organizational structure, CBP collect personally identifiable DHS/CBP–001 Name of Insurer, Policy number, Date of information from importers, brokers, Issuance and Amount. The carrier can truck carriers, and U.S. Postal Service SYSTEM NAME: create users and points of contact, and customs declarations. The system will Automated Commercial Environment/ may also choose to store details also include personally identifiable International Trade Data System (ACE/ associated with driver/crew, information about CBP employees and ITDS). conveyance, and equipment for employees of other agencies. The purposes of expediting the creation of information that is collected will be SYSTEM LOCATION: manifests. used to operate the automated This computer database is located at The ACE database is also comprised commercial environment in order to the Bureau of Customs and Border of manifest information that includes assist in protecting the country’s borders Protection (CBP) National Data Center in specific details regarding the crew or by monitoring and regulating incoming Washington, DC. Computer terminals drivers as well as passengers involved cargo and people. are located at Customhouses and ports in a commercial land border crossing. The Privacy Act embodies fair throughout the United States and at CBP For crew or drivers, the system will information principles in a statutory Headquarters, Washington, DC, as well include: framework governing the means by as appropriate facilities for other (1) Person on arriving conveyance which the United States Government participating government agencies. who is in charge; (2) Names of all crew collects, maintains, uses and members; (3) Date of birth of each crew disseminates personally identifiable CATEGORIES OF INDIVIDUALS COVERED BY THE member; (4) Commercial driver’s license information. The Privacy Act applies to SYSTEM: (CDL)/drivers license number for each information that is maintained in a Individuals involved in the crew member; (5) CDL/driver’s license ‘‘system of records.’’ A ‘‘system of importation of merchandise, members of State/province of issuance for each crew records’’ is a group of any records under the trade community, including but not member; (6) CDL country of issuance for the control of an agency from which limited to truck carriers, vessel, vehicle, each crew member; (7) Travel document information is retrieved by the name of and aircraft operators or crew, number for each crew member; (8) the individual or by some identifying Customhouse brokers, importers and Travel document country of issuance for number, symbol, or other identifying their authorized agents (i.e., trade each crew member; (9) Travel document particular assigned to the individual. In users), persons required to file Customs State/province of issuance for each crew the Privacy Act, individual is defined to Declarations for international mail member; (10) Travel document type for encompass United States citizens and transactions (including sender and each crew member; (11) Address for legal permanent residents. ACE involves recipient), DHS/CBP employees, and each crew member; (12) Gender of each the collection of information that will be employees of other Federal Government crew member; (13) Nationality/ maintained in a system of records. agencies. citizenship of each crew member; (14)
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Hazmat endorsement for each crew (5) To third parties during the course (14) To a Federal, State, local, tribal, member. of an investigation to the extent territorial, foreign, or international For passengers, the information necessary to obtain information agency, if necessary to obtain consists of: (1) Names of all passengers; pertinent to the investigation; information relevant to a Department of (2) Date of birth of each passenger; (3) (6) To an agency, organization, or Homeland Security decision concerning Travel document number for each individual for the purposes of the hiring or retention of an employee, passenger; (4) Travel document country performing authorized audit or the issuance of a security clearance, the of issuance for each passenger; (5) oversight operations; reporting of an investigation of an Travel document State/province of (7) To a congressional office from the employee, the letting of a contract, or issuance for each passenger; (6) Travel record of an individual in response to the issuance of a license, grant or other document type for each passenger; (7) an inquiry from that congressional office benefit; Gender of each passenger; (8) made at the request of the individual to (15) To a Federal agency, pursuant to Nationality of each passenger. whom the record pertains; the International Trade Data System Further, the ACE database includes (8) To contractors, grantees, experts, Memorandum of Understanding, specific details regarding trips, consultants, students, and others consistent with the receiving agency’s equipment, conveyances, and performing or working on a contract, legal authority to collect information shipments, but this information does service, grant, cooperative agreement, or pertaining to and/or regulate not primarily identify individuals, other assignment for the Federal transactions in international trade. except those who might be shippers or Government, when necessary to POLICIES AND PRACTICES FOR STORING, consignees. accomplish an agency function related to this system of records; RETRIEVING, ACCESSING, RETAINING, DISPOSING AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (9) To the Department of Justice, the OF RECORDS IN THE SYSTEM: 19 U.S.C. 66, 1448, 1481, 1483, 1484, United States Attorney’s Office, or a STORAGE: 1505, 1624, and 2071. consumer reporting agency for further The data is stored electronically at the collection action on any delinquent debt CBP Data Center for current data and ROUTINE USES OF RECORDS MAINTAINED IN THE when circumstances warrant; offsite at an alternative data storage SYSTEM, INCLUDING CATEGORIES OF USERS AND (10) To a former employee of the THE PURPOSES OF SUCH USES: facility for historical logs and system Department for purposes of: responding backups. In addition to those disclosures to an official inquiry by a Federal, State, generally permitted under 5 U.S.C. or local government entity or RETRIEVABILITY: 552a(b) of the Privacy Act, all or a professional licensing authority, in The data is retrievable by name or portion of the records or information accordance with applicable Department personal identifier from an electronic contained in this system may be regulations; or facilitating database. Only individuals with a need disclosed outside DHS as a routine use communications with a former to know can access the data. The system pursuant to 5 U.S.C. 552a(b)(3) as employee that may be necessary for manager, in addition, has the capability follows: personnel-related or other official to maintain system back-ups for the (1) To the Bureau of the Census by purposes where the Department requires purpose of supporting continuity of providing magnetic tapes or other form information and/or consultation operations and the discrete need to of electronic data transmission assistance from the former employee isolate and copy specific data access containing foreign trade data; regarding a matter within that person’s transactions for the purpose of (2) To appropriate Federal, State, former area of responsibility; conducting security incident local, foreign, or tribal agencies (11) To an organization or individual investigations. responsible for investigating or in either the public or private sector, prosecuting the violations of, or for either foreign or domestic, where there SAFEGUARDS: enforcing or implementing, a statute, is a reason to believe that the recipient Access to the computer area is rule, regulation, order, or license, where is or could become the target of a controlled by a security pass CBP becomes aware of an indication of particular terrorist activity or arrangement and personnel not a violation or potential violation of civil conspiracy, to the extent the connected with the operation of the or criminal law or regulation; information is relevant to the protection computer are prohibited from entering. (3) To a Federal, State, local, tribal, of life or property; The building security is protected by a territorial, foreign, or international (12) To the Department of Justice or uniformed guard. Access at the ports is agency, maintaining civil, criminal or other Federal agency conducting in the booths and from any PC other relevant enforcement information litigation or in proceedings before any connected to the LAN. At the ports of or other pertinent information, which court, adjudicative or administrative processing, terminal rooms are under has requested information relevant to or body, when: (a) DHS, or (b) any close supervision during working hours necessary to the requesting agency’s or employee of DHS in his/her official and locked after close of business. The the bureau’s hiring or retention of an capacity, or (c) any employee of DHS in system security officer issues a unique individual, or issuance of a security his/her individual capacity where DOJ private five digit identification code to clearance, license, contract, grant, or or DHS has agreed to represent the each authorized user. Access to the other benefit; employee, or (d) the United States or computer from other than system (4) To a court, magistrate, or any agency thereof, is a party to the terminals is controlled through a administrative tribunal in the course of litigation or has an interest in such security software package. Users must presenting evidence, including litigation; input a unique identification code and disclosures to opposing counsel or (13) To the National Archives and password during the terminal log-in witnesses in the course of civil Records Administration or other federal procedure to gain access to the system. discovery, litigation, or settlement government agencies pursuant to The password is not printed or negotiations, in response to a subpoena, records management inspections being displayed at the port of processing. The or in connection with criminal law conducted under the authority of 44 system validates the user ID by proceedings; U.S.C. Sections 2904 and 2906; transaction type, thereby limiting a
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system user’s access to information on Customs and Border Protection, Room ACTION: Notice and request for a ‘‘need-to-know’’ basis. A listing of 5.5–C, 1300 Pennsylvania Avenue, NW., comments. identification codes of authorized users Washington, DC 20229. Requests should can be printed only by request of the conform to the requirements of 6 CFR SUMMARY: The Federal Emergency security officer. The passwords are part 5, subpart B, which provides the Management Agency, as part of its changed periodically to enhance rules for requesting access to Privacy continuing effort to reduce paperwork security. Act records maintained by DHS. The and respondent burden, invites the envelope and letter should be clearly general public and other Federal RETENTION AND DISPOSAL: marked ‘‘Privacy Act Access Request.’’ agencies to take this opportunity to Files are retained on-line in a system The request should include a general comment on a proposed revised database. Personal information collected description of the records sound and information collection. In accordance with the Paperwork Reduction Act of in ACE as part of the regulation of must include the requester’s full name, 1995, this notice seeks comments incoming cargo and people will be current address, and data and place of concerning the National Fire Incident retained in accordance with the U.S. birth. The request must be signed and Reporting System (NFIRS). Customs Records Schedules approved either notarized or submitted under by the National Archive and Records penalty of perjury. SUPPLEMENTARY INFORMATION: The Federal Fire Prevention and Control Act Administration for the forms on which Additionally, operational record of 1974 (Pub. L. 93–498) authorizes the the data is submitted. This means that access may be obtained through the ACE National Fire Data Center in the United cargo, crew, driver, and passenger Secure Data Portal for those individuals States Fire Administration (USFA) 1 to information collected from a manifest and entities who have been approved gather and analyze information on the presented in connection with the arrival access in accordance with the magnitude of the Nation’s fire problem, of a vessel, vehicle or aircraft will be procedures published in the Federal as well as its detailed characteristics retained for six years. Information Register at 67 FR 21800 dated May 1, and trends. The Act further authorizes collected in connection with the 2002. submission of a Postal Declaration for a the USFA to develop uniform data mail importation will be retained for a CONTESTING RECORD PROCEDURES: reporting methods, and to encourage and assist state agencies in developing maximum of six years and three months Same as ‘‘Record Access Procedures.’’ (as set forth pursuant to NARA and reporting data. In order to carry out Authority N1–36–86–1, U.S. Customs RECORD SOURCE CATEGORIES: the intentions of the Act, the National Fire Data Center established the Records Schedule, Schedule 9 Entry The system contains data received on National Fire Incident Reporting System Processing, Items 4 and 5). Personal authorized CBP forms or electronic information collected in connection (NFIRS) in 1975. formats from individuals and/or NFIRS serves as a cooperative effort of with the creation of a carrier, broker, or companies incidental to the conduct of importer/exporter account will be local, State, and Federal authorities to foreign trade and required by CBP in improve uniformity in fire incident retained for up to three years following administering the tariff laws and the closing of the account either through reporting and to ensure that data is regulations of the United States. The usable for fire protection planning and withdrawal by the individual or denial system also contains information of access by CBP. Lastly, information management. It also enables the USFA, pertaining to International Mail and many others, to identify common pertaining to CBP and PGA employees Transactions, which is obtained from will be retained for as long as the trends in collected data, which may be the United States Postal Service by applicable to fire problems on a individual maintains her or his portal electronic data transmission. access to ACE and authorization to national, regional, state, and local scale. access the information. EXEMPTIONS CLAIMED FOR THE SYSTEM: Collection of Information SYSTEM MANAGER(S) AND ADDRESS: None. Title: National Fire Incident Reporting Director, Office of Automated Dated: December 22, 2005. System (NFIRS) v5.0. Systems, U.S. Customs and Border Maureen Cooney, Type of Information Collection: Protection Headquarters, 1300 Acting Chief Privacy Officer, Department of Revision of a currently approved Pennsylvania Avenue, NW., Homeland Security. collection. Washington, DC 20229. OMB Number: 1660–0069. [FR Doc. E6–511 Filed 1–18–06; 8:45 am] Form Numbers: Version 5.0 NFIRS- NOTIFICATION PROCEDURES: BILLING CODE 4410–10–P forms/modules No. 1–12. To determine whether this system Abstract: NFIRS provides a mechanism using standardized contains records relating to you, write to DEPARTMENT OF HOMELAND reporting methods to collect and Customer Satisfaction Unit, Office of SECURITY Field Operations, U.S. Customs and analyze fire incident data at the Federal, Border Protection, Room 5.5–C, 1300 Federal Emergency Management State, and local levels. Data analysis Pennsylvania Avenue, NW., Agency helps local fire departments and States Washington, DC 20229 (phone: (202) to focus on current problems, predict 344–1850 and fax: (202) 344–2791). Agency Information Collection future problems in their communities, Activities: Proposed Collection; and measure whether their programs are RECORD ACCESS PROCEDURES: Comment Request working. Requests for notification or access Affected Public: Federal, State, and must be in writing and should be AGENCY: Federal Emergency local governments. addressed to the Customer Satisfaction Management Agency, Department of Estimated Total Annual Burden Unit, Office of Field Operations, U.S. Homeland Security. Hours: 7,583,585 hours.
1 The National Fire Incident Reporting System is Homeland Security. During this transition FEMA, Directorate stands up. Ultimately this data currently being transferred to the newly created also part of the Department of Homeland Security, collection will be transferred to the Preparedness Preparedness Directorate of the Department of will continue to support this program as the new Directorate.
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ANNUAL BURDEN HOURS
No. of respond- Frequency of Burden hours Annual Re- Total annual Project/Activity (survey, form(s), focus group, work- ents responses (1) per respondent sponses (2) burden hours sheet, etc.) (A) (B) (C) (A×B) (A×B×C)
NFIRS v5.0: Manual ...... 1,700 1 12.00 hrs. 1,484,100 1,633,325 Electronic ...... 15,300 1 4.75 hrs. 13,640,400 5,944,500 Subtotal—Modules ...... 17,000 ...... 15,124,500 7,577,825 Training v5.0 ...... 390 1 ...... 390 5,760
Total ...... 17,390 1 ...... 15,124,890 7,583,585 1 Each response may include several module submissions, though majority only NFIRS 1. Same respondent may respond more than once de- pending on the number of incidents being reported. 2 Based on an estimated total of 10,000,000 incidents reported annually.
Estimated Cost: The wage burden for information at facsimile number (202) disaster areas to purchase flood collection of information at the local 646–3347 or e-mail address: FEMA- insurance as a condition of Federal level including training is estimated at [email protected]. financial assistance if their property is $113,667.375 for both manual and Dated: January 12, 2006. located in a Special Flood Hazard Area electronic submissions (7,583,585 hrs @ Darcy Bingham, (SFHA). This flood insurance coverage $15/hr). The average cost to respondent must be maintained for the life of a per incident reported is $180.00 and Branch Chief, Information Resources Management Branch, Information property loan or if an Individual and $71.00 for the manual and electronic Technology Services Division. Household Program (IHP) grant is submission, respectively. [FR Doc. E6–527 Filed 1–18–06; 8:45 am] received, funds to cover the insurance Comments: Written comments are for three years are deducted from the BILLING CODE 9110–17–P solicited to (a) Evaluate whether the grant. Following the three-year, grant proposed data collection is necessary for recipients must maintain their the proper performance of the agency, DEPARTMENT OF HOMELAND insurance coverage. If these victims do including whether the information shall SECURITY not comply with these requirements, have practical utility; (b) evaluate the they will not be eligible for future accuracy of the agency’s estimate of the Federal Emergency Management Federal disaster assistance. Flood burden of the proposed collection of Agency insurance compliance among victims of information, including the validity of federally declared flood events appears the methodology and assumptions used; Agency Information Collection to be problematic. FEMA post-disaster (c) enhance the quality, utility, and Activities: Proposed Collection; records indicate that a significant clarity of the information to be Comment Request number of flood-damaged structures, collected; and (d) minimize the burden located both in and outside SFHAs, AGENCY: Federal Emergency of the collection of information on those have either (a) never had flood Management Agency, Department of who are to respond, including through insurance, or (b) purchased flood Homeland Security. the use of appropriate automated, insurance but did not maintain the electronic, mechanical, or other ACTION: Notice and request for policies. technological collection techniques or comments. other forms of information technology, Collection of Information SUMMARY: The Federal Emergency e.g., permitting electronic submission of Title: Flood Insurance Policy responses. Comments must be Management Agency, as part of its continuing effort to reduce paperwork Acquisition and Retention Among submitted on or before March 20, 2006. Recipients of Federal Assistance Study. ADDRESSES: Interested persons should and respondent burden, invites the general public and other Federal Type of Information Collection: New submit written comments to Chief, Collection. Records Management Section, agencies to take this opportunity to Information Resources Management comment on a proposed new OMB Number: 1660–NW19. Branch, Information Technology information collection. In accordance Form Numbers: None. Services Division, Federal Emergency with the Paperwork Reduction Act of Abstract: This survey will collect Management Agency, 500 C Street, SW., 1995, this notice seeks comments information on flood insurance Room 316, Washington, DC 20472. concerning a survey of property owners purchasing patterns among property FOR FURTHER INFORMATION CONTACT: in communities with high densities of owners in communities with high Contact Mark A. Whitney, Fire Program disaster recipients to identify flood densities of disaster recipients. Data Specialist, United States Fire insurance purchasing patterns and findings will be used to develop Administration, National Fire Data develop strategies to improve overall strategies to improve compliance with Center, (301) 447–1836, or e-mail compliance with flood insurance flood insurance regulations. [email protected] for additional regulations. Affected Public: Individuals and information. You may contact the SUPPLEMENTARY INFORMATION: The 1994 Households. Records Management Branch for copies National Flood Insurance Act requires Estimated Total Annual Burden of the proposed collection of flood victims in Federally declared Hours: 400 hours.
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ANNUAL BURDEN HOURS
No. of respond- Frequency of Burden hours Annual re- Total annual Project/Activity (survey, form(s), focus group, work- ents responses per respondent sponses burden hours sheet, etc.) (A) (B) (C) (A×B) (A×B×C)
Telephone Survey ...... 1,200 1 .33 hr (20 min) 1,200 400
Total ...... 1,200 1 .33 1,200 400
Estimated Cost: $5,592.00 for all DEPARTMENT OF HOUSING AND agency, including whether the respondents combined, based on the URBAN DEVELOPMENT information will have practical utility; 2004 Bureau of Labor Statistics national (2) Evaluate the accuracy of the agency’s [Docket No. FR–5043–N–01] median hourly rate of $13.98. Average estimate of the burden of the proposed cost to respondents is approximately Notice of Proposed Information collection of information; (3) Enhance $4.62 based on a response time of 20 Collection for Public Comment: Notice the quality, utility, and clarity of the minutes or .33 hours. of Funding Availability for the Hispanic information to be collected; and (4) Comments: Written comments are Serving Institutions Assisting Minimize the burden of the collection of solicited to (a) Evaluate whether the Communities (HSIAC) Program information on those who are to proposed data collection is necessary for respond; including through the use of AGENCY: the proper performance of the agency, Office of the Assistant appropriate automated collection Secretary for Policy Development and including whether the information shall techniques or other forms of information have practical utility; (b) evaluate the Research, HUD. technology (e.g., permitting electronic accuracy of the agency’s estimate of the ACTION: Notice. submission of responses). burden of the proposed collection of information, including the validity of SUMMARY: The proposed information This Notice also lists the following the methodology and assumptions used; collection requirement described below information: (c) enhance the quality, utility, and will be submitted to the Office of Title of Proposal: Notice of Funding clarity of the information to be Management and Budget (OMB) for Availability for the Hispanic Serving review, as required by the Paperwork collected; and (d) minimize the burden Institutions Assisting Communities Reduction Act. The Department is of the collection of information on those Program. who are to respond, including through soliciting public comments on the the use of appropriate automated, subject proposal. OMB Control Number: 2528–0198 electronic, mechanical, or other DATES: Comment Due Date: March 20, (exp. 02/28/06). technological collection techniques or 2006. Description of the need for the other forms of information technology, ADDRESSES: Interested persons are information and proposed use: The e.g., permitting electronic submission of invited to submit comments regarding information is being collected to select responses. Comments must be this proposal. Comments should refer to applicants for award in this statutorily submitted on or before March 20, 2006. the proposal by name and/or OMB created competitive grant program and ADDRESSES: Interested persons should Control Number and should be sent to: to monitor performance of grantees to submit written comments to Chief, Reports Liaison Officer, Office of Policy ensure they meet statutory and program Records Management Section, Development and Research, Department goals and requirements. Information Resources Management of Housing and Urban Development, Agency Form Numbers: SF–424, SF– Branch, Information Technology 451 7th Street, SW., Room 8228, 424 Supplement, HUD–424–CB, SFLLL, Services Division, Federal Emergency Washington, DC 20410–6000. HUD–27300, HUD–2880, HUD–2991, Management Agency, 500 C Street, SW., FOR FURTHER INFORMATION CONTACT: HUD–2990, HUD–2993, HUD–2994, A, Room 316, Washington, DC 20472. Susan Brunson, 202–708–3061, ext. HUD–96010, and HUD–96011. FOR FURTHER INFORMATION CONTACT: 3852 (this is not a toll-free number), for Members of the Affected Public: Contact David C. Thomas, Acting Chief, copies of the proposed forms and other Nonprofit Hispanic-Serving Institutions Risk Management Section at (202) 646– available documents. 3842 for additional information. You that meet the definition of an HSI SUPPLEMENTARY INFORMATION: The may contact the Records Management established in Title V of the 1998 Department of Housing and Urban Amendments to the Higher Education Branch for copies of the proposed Development will submit the proposed collection of information at facsimile Act of 1965 (Pub. L. 105–244; enacted information collection to OMB for number (202) 646–3347 or e-mail October 7, 1998). review, as required by the Paperwork address: FEMA-Information- Reduction Act of 1995 (44 U.S.C. Estimation of the total number of [email protected]. Chapter 35, as amended). hours needed to prepare the information Dated: December 12, 2005. This Notice is soliciting comments collection including number of Darcy Bingham, from members of the public and affected respondents, frequency of response, and Branch Chief, Information Resources agencies concerning the proposed hours of response: Information pursuant Management Branch, Information collection of information to: (1) Evaluate to grant award will be submitted once Technology Services Division. whether the proposed collection of a year. The following chart details the [FR Doc. E6–528 Filed 1–18–06; 8:45 am] information is necessary for the proper respondent burden on an annual and BILLING CODE 9110–13–P performance of the functions of the semi-annual basis:
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Number of Total annual Hours per respondents responses response Total hours
Applicants ...... 40 40 40 1600 Semi-Annual Reports ...... 15 30 6 180 Final Reports ...... 15 15 8 120 Recordkeeping ...... 15 15 5 75
Total ...... 59 1975
Status of the proposed information individual property in a development. the functions of the agency, including collection: Pending OMB approval. General and specific conditions must be whether the information will have Authority: Section 3506 of the Paperwork addressed before a property can be practical utility; (2) Evaluate the Reduction Act of 1995, 44 U.S.C. Chapter 35, endorsed, including providing an accuracy of the agency’s estimate of the as amended. estimate of value for each property type. burden of the proposed collection of Dated: January 11, 2006. DATES: Comments Due Date: February information; (3) Enhance the quality, Darlene F. Williams, 21, 2006. utility, and clarity of the information to be collected; and (4) Minimize the Assistant Secretary for Policy Development ADDRESSES: Interested persons are and Research. invited to submit comments regarding burden of the collection of information on those who are to respond, including [FR Doc. 06–501 Filed 1–18–06; 8:45 am] this proposal. Comments should refer to through the use of appropriate BILLING CODE 4210–62–M the proposal by name and/or OMB approval Number (2502–0493) and automated collection techniques or should be sent to: HUD Desk Officer, other forms of information technology, DEPARTMENT OF HOUSING AND Office of Management and Budget, New e.g., permitting electronic submission of URBAN DEVELOPMENT Executive Office Building, Washington, responses. This notice also lists the following [Docket No. FR–5037–N–03] DC 20503; fax: 202–395–6974. FOR FURTHER INFORMATION CONTACT: information: Notice of Submission of Proposed Lillian L. Deitzer, Reports Management Title of Proposal: Master Appraisal Information Collection to OMB; Master Officer, AYO, Department of Housing Reports (MARS). Appraisal Reports (MARS) and Urban Development, 451 Seventh OMB Approval Number: 2502–0493. Street, SW., Washington, DC 20410; e- Form Numbers: HUD–91322, HUD– AGENCY: Office of the Chief Information mail Lillian Deitzer at 91322.1, HUD–91322.2 and HUD– Officer, HUD. [email protected] or 91322.3. ACTION: Notice. telephone (202) 708–2374. This is not a Description of the Need for the SUMMARY: The proposed information toll-free number. Copies of available Information and Its Proposed Use: collection requirement described below documents submitted to OMB may be Lenders, working with developers, has been submitted to the Office of obtained from Ms. Deitzer. submit the Master Appraisal Reports. Management and Budget (OMB) for SUPPLEMENTARY INFORMATION: This Information provided permits the listing review, as required by the Paperwork notice informs the public that the of builder’s models that cover the types Reduction Act. The Department is Department of Housing and Urban of individual homes proposed for soliciting public comments on the Development has submitted to OMB a construction. This eliminates the need subject proposal. request for approval of the information for appraisal reports from each Lenders, working with developers, collection described below. This notice individual property in a development. submit the Master Appraisal Reports. is soliciting comments from members of General and specific conditions must be Information provided permits the listing the public and affecting agencies addressed before a property can be of builder’s models that cover the types concerning the proposed collection of endorsed, including providing an of individual homes proposed for information to: (1) Evaluate whether the estimate of value for each property type. construction. This eliminates the need proposed collection of information is Frequency of Submission: On for appraisal reports from each necessary for the proper performance of occasion.
Number of Annual × Hours per respondents responses response = Burden hours
Reporting Burden ...... 7,545 1.16 0.24 2,136
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Total Estimated Burden Hours: 2,136. The Section 235 Program makes concerning the proposed collection of Status: Extension of a currently payments to lenders on behalf of information to: (1) Evaluate whether the approved collection. qualified mortgagors. Information proposed collection of information is Authority: Section 3507 of the Paperwork provided documents the conditions for necessary for the proper performance of Reduction Act of 1995, 44 U.S.C. 35, as termination, suspension, or the functions of the agency, including amended. reinstatement of the assistance payment whether the information will have contract for Section 235 mortgages. Dated: January 13, 2006. practical utility; (2) Evaluate the DATES: Comments Due Date: February accuracy of the agency’s estimate of the Lillian L. Deitzer, 21, 2006. burden of the proposed collection of Departmental Paperwork Reduction Act information; (3) Enhance the quality, Officer, Office of the Chief Information ADDRESSES: Interested persons are Officer. invited to submit comments regarding utility, and clarity of the information to be collected; and (4) Minimize the [FR Doc. E6–579 Filed 1–18–06; 8:45 am] this proposal. Comments should refer to the proposal by name and/or OMB burden of the collection of information BILLING CODE 4210–72–P approval Number (2502–0094) and on those who are to respond; including should be sent to: HUD Desk Officer, through the use of appropriate DEPARTMENT OF HOUSING AND Office of Management and Budget, New automated collection techniques or URBAN DEVELOPMENT Executive Office Building, Washington, other forms of information technology, DC 20503; fax: 202–395–6974. e.g., permitting electronic submission of [Docket No. FR–5037–N–02] FOR FURTHER INFORMATION CONTACT: responses. Lillian L. Deitzer, Reports Management This notice also lists the following Notice of Submission of Proposed Officer, AYO, Department of Housing information: Information Collection to OMB; and Urban Development, 451 Seventh Title of Proposal: Assistance Payment Assistance Payment Contract—Notice Street, SW., Washington, DC 20410; e- Contract—Notice of (1) Termination, (2) of (1) Termination, (2) Suspension, or mail Lillian Deitzer at Suspension, or (3) Reinstatement. (3) Reinstatement [email protected] or OMB Approval Number: 2502–0094. AGENCY: Office of the Chief Information telephone (202) 708–2374. This is not a Form Numbers: HUD–93114. Officer, HUD. toll-free number. Copies of available Description of the Need for the ACTION: Notice. documents submitted to OMB may be Information and Its Proposed Use: The obtained from Ms. Deitzer. Section 235 Program makes payments to SUMMARY: The proposed information SUPPLEMENTARY INFORMATION: This lenders on behalf of qualified collection requirement described below notice informs the public that the mortgagors. Information provided has been submitted to the Office of Department of Housing and Urban documents the conditions for Management and Budget (OMB) for Development has submitted to OMB a termination, suspension, or review, as required by the Paperwork request for approval of the information reinstatement of the assistance payment Reduction Act. The Department is collection described below. This notice contract for Section 235 mortgages. soliciting public comments on the is soliciting comments from members of Frequency of Submission: On subject proposal. the public and affecting agencies occasion.
Number of Annual × Hours per respondents responses response = Burden hours
Reporting Burden ...... 50 2 0.75 75
Total Estimated Burden Hours: 75. ACTION: Notice of Prospective Intent to Dated: January 10, 2006. Status: Extension of a currently Award Co-Exclusive Licenses. Karen D. Baker, approved collection. Acting Associate Director, Office of SUMMARY: The United States Geological Administrative Policy and Services. Authority: Section 3507 of the Paperwork Survey (USGS) is contemplating [FR Doc. 06–500 Filed 1–18–06; 8:45 am] Reduction Act of 1995, 44 U.S.C. 35, as awarding co-exclusive licenses to: BILLING CODE 4311–AM–M amended. Columbia Analytical Services, Inc., 1317 Dated: January 12, 2006. South 13th Avenue, Kelso, WA 98626 Lillian L. Deitzer, and EON Products, Inc., P.O. Box 443, DEPARTMENT OF THE INTERIOR Snellville, GA 30078 on U.S. Patent Departmental Paperwork Reduction Act Application Serial No. 10/767,496, Bureau of Land Management Officer, Office of the Chief Information Officer. entitled ‘‘Porous Polyethylene Diffusion Sampler for Ground Water.‘‘ [AK–910–1410PN–ARAC] [FR Doc. E6–580 Filed 1–18–06; 8:45 am] Inquiries: If other parties are BILLING CODE 4210–72–P interested in similar activities, or have Notice of Public Meeting, Alaska comments related to the prospective Resource Advisory Council awards, please contact Neil Mark, AGENCY: Bureau of Land Management, USGS, 12201 Sunrise Valley Drive, MS DEPARTMENT OF THE INTERIOR Alaska State Office, Interior. 201, Reston, Virginia 20192, voice (703) ACTION: Notice of public meeting. Geological Survey 648–4344, fax (703) 648–7219, or e-mail [email protected]. SUMMARY: In accordance with the Patent, Trademark & Copyright Acts SUPPLEMENTARY INFORMATION: This Federal Land Policy and Management notice is submitted to meet the Act (FLPMA) and the Federal Advisory AGENCY: U.S. Geological Survey. requirements of 35 U.S.C. 208 et seq. Committee Act of 1972 (FACA), the U.S.
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Department of the Interior, Bureau of Pursuant to the provisions of 30 necessary to determine Trust and Tribal Land Management (BLM) Alaska U.S.C. 188(d) and (e), and 43 CFR land. Resource Advisory Council will meet as 3108.2–3(a) and(b)(1), a petition for The lands we surveyed are: indicated below. reinstatement of oil and gas lease NVN– DATES: The meeting will be held 78650 for lands in Elko County, Nevada, Principal Meridian February 14–15, 2006 in Fairbanks, was timely filed and was accompanied Montana Alaska. On February 14 the meeting will by all the required rentals accruing from T. 27 N., R. 50 E. begin at 10 a.m. at the BLM Fairbanks August 1, 2005, the date of termination. The plat, in one sheet, representing the Office and the council will visit the No valid lease has been issued dependent resurvey of a portion of the 12th Alaska Fire Service in the afternoon. On affecting the lands. The lessee, Standard Guide Meridian East, through Township 27 February 15, the meeting will begin at Oil Corporation, has agreed to new lease North, a portion of the subdivisional lines, 8 a.m. at the Fairbanks Princess terms for rentals and royalties at rates of the adjusted original meanders of the left Riverside Lodge and the public $5.00 per acre or fraction thereof and bank of the Missouri River, downstream, comment period starts at 1 p.m. 162⁄3 percent, respectively. Standard Oil through sections 24, 25, and 26, the FOR FURTHER INFORMATION CONTACT: Corporation has paid the required $500 subdivision of sections 24 and 25, certain Danielle Allen, Alaska State Office, 222 administrative fee and has reimbursed division of accretion lines, and subdivision W. 7th Avenue #13, Anchorage, AK the Bureau of Land Management for the of sections 24 and 25, and the survey of the 99513. Telephone (907) 271–3335 or e- cost of this Federal Register notice. meanders of the present left bank of the mail [email protected]. Standard Oil Corporation has met all Missouri River, downstream, through the requirements for reinstatement of sections 24, 25, and 26, and certain division SUPPLEMENTARY INFORMATION: The 15- the lease as set out in Sections 31(d) and of accretion lines, in Township 27 North, member Council advises the Secretary (e) of the Mineral Leasing Act of 1920 Range 50 East, Principal Meridian, Montana, of the Interior, through the Bureau of (30 U.S.C. 188), and the Bureau of Land was accepted December 23, 2005. Land Management, on a variety of Management is proposing to reinstate T. 27 N., R. 51 E. planning and management issues the lease effective August 1, 2005, associated with public land The plat, in one sheet, representing the subject to the original terms and dependent resurvey of a portion of the 12th management in Alaska. At this meeting, conditions of the lease and the topics we plan to discuss include: Guide Meridian East, through Township 27 increased rental and royalty rates cited North, a portion of the subdivisional lines, • Status of land use planning in Alaska above. the adjusted original meanders of the left • National Petroleum Reserve—Alaska FOR FURTHER INFORMATION CONTACT: bank of the Missouri River, downstream, integrated activity plans • Elaine Lewis, BLM Nevada State Office, through sections 18 and 19, the subdivision Alaska Fire Service history/current 775–861–6537. of sections 18 and 19, and the subdivision of events section 18, and the survey of the meanders • North Slope Science Initiative Del Fortner, • of the present left bank of the Missouri River, Other topics the Council may raise Deputy State Director, Minerals Management. downstream, through sections 18 and 19, the All meetings are open to the public. [FR Doc. E6–508 Filed 1–18–06; 8:45 am] limits of erosion, downstream through The public may present written BILLING CODE 4310–HC–P section 18, the meanders of the left bank and comments to the Council. Each formal medial line of a relicted channel of the Council meeting will also have time Missouri River, downstream, through section allotted for hearing public comments. DEPARTMENT OF THE INTERIOR 18, certain division of accretion lines, a Depending on the number of persons certain partition line, and Tract 37, wishing to comment and time available, Bureau of Land Management Township 27 North, Range 51 East, Principal the time for individual oral comments Meridian, Montana, was accepted December [MT–926–06–1420–BJ–TRST] may be limited. Individuals who plan to 23, 2005. attend and need special assistance, such Montana: Filing of Plat of Survey as sign language interpretation, We will place a copy of the plats, in transportation, or other reasonable AGENCY: Bureau of Land Management, two sheets, and related field notes we accommodations, should contact the Montana State Office, Interior. described in the open files. They will be BLM. ACTION: Notice of Filing of Plat of available to the public as a matter of information. Dated: January 10, 2006. Survey. Henri Bisson, If BLM receives a protest against these SUMMARY: The Bureau of Land State Director. surveys, as shown on these plats, in two Management (BLM) will file the plats of sheets, prior to the date of the official [FR Doc. E6–476 Filed 1–18–06; 8:45 am] survey of the lands described below in filing, we will stay the filing pending BILLING CODE 4310–JA–P the BLM Montana State Office, Billings, our consideration of the protest. Montana, (30) days from the date of publication in the Federal Register. We will not officially file these plats, DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: in two sheets, until the day after we have accepted or dismissed all protests Bureau of Land Management Marvin Montoya, Cadastral Surveyor, Branch of Cadastral Survey, Bureau of and they have become final, including [NV–923–1310–FI; NVN–78650; 6–08808] Land Management, 5001 Southgate decisions or appeals. Drive, Billings, Montana 59101–4469, Dated: January 11, 2006. Notice of Proposed Reinstatement of telephone (406) 896–5124 or (406) 896– Thomas M. Deiling, Terminated Oil and Gas Lease; Nevada 5009. Chief Cadastral Surveyor, Division of AGENCY: Bureau of Land Management, SUPPLEMENTARY INFORMATION: This Resources. Interior. survey was executed at the request of [FR Doc. E6–475 Filed 1–18–06; 8:45 am] the Rocky Mountain Regional Director, ACTION: Notice. BILLING CODE 4310–$$–P Bureau of Indian Affairs and was
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DEPARTMENT OF THE INTERIOR backcountry management plan with to management area standards, cannot amendments. Recreational use and occur when other landing locations are National Park Service access patterns would continue to available, and are discouraged when develop and the agency would respond climbers are present. Guided day-hiking Denali National Park and Preserve, AK; as necessary on a case-by-case basis. No in the Old Park would be restricted to Final Backcountry Management Plan, new services or facilities would be areas west of Toklat River with access General Management Plan Amendment developed to meet increased levels of from Kantishna, plus the hiking in the and Environmental Impact Statement use in the backcountry, except for those Wonder Lake area authorized by the AGENCY: National Park Service, Interior. identified in the Entrance Area or South Entrance Area and Road Corridor DCP. Side plans. The total number of groups would be ACTION: Notice of availability of the Alternative 2: This alternative would limited to the average number of groups Final Backcountry Management Plan, distinguish a unique Denali experience over the previous 5 years. Language General Management Plan Amendment based on dispersed use in a wilderness describing backcountry facilities and and Environmental Impact Statement. landscape with few sights or sounds of administrative and scientific activities people or mechanized civilization. SUMMARY: The National Park Service was also modified to address (NPS) announces the availability of the There would be few services, facilities, substantive public comments. Final Backcountry Management Plan, or signs of management presence. This Specifically, the requirement to develop General Management Plan Amendment alternative would most clearly management area-specific criteria for distinguish the backcountry experience and Environmental Impact Statement research and resource management in Denali from the surrounding public (EIS) for Denali National Park and activities was removed in favor of a lands, providing a place primarily for Preserve. The document describes and requirement to obtain research permits. visitors who are very self-reliant, and This modified alternative would analyzes the environmental impacts of a including many opportunities for guide the National Park Service in preferred alternative and three other extended expeditions in very remote providing opportunities for a variety of action alternatives for managing the locations. Backcountry users seeking wilderness recreational activities and park and preserve’s backcountry. A no other experiences would find those experiences while recognizing and action alternative also is evaluated. opportunities on neighboring lands. protecting the premier wilderness DATES: A Record of Decision will be Alternative 3: This alternative would resource values of the entire made no sooner than 30 days after the provide a variety of wilderness backcountry. Areas in the Dunkle Hills date the Environmental Protection recreational activities by establishing and around the Ruth and Tokositna Agency’s Notice of Availability for this areas to serve those visitors who want Glaciers on the south side of the Alaska final EIS appears in the Federal to experience the wilderness resource Range would be managed for those Register. values of the Denali backcountry but visitors who want to experience the ADDRESSES: The Final Plan and EIS may require services, assistance, or short wilderness resource values or other be viewed online at http://www.nps.gov/ time-commitments. The areas would be resource values of the Denali dena through the ‘‘in Depth’’ link on our the minimum necessary to provide these backcountry but require services or homepage under ‘‘Planning and experiences based on present demand assistance, or who are unable to make a Management.’’ Hard copies or CDs of and would be focused along the park lengthy time commitment. Areas along the Final Backcountry Management Plan road in the Old Park and Kantishna and the park road in the Old Park and the and General Management Plan at the existing high activity areas at the Kantishna Hills would provide Amendment and EIS are available on Ruth Glacier and Kahiltna Base Camp. accessible opportunities for short- or request from the address below. The majority of the backcountry would long-duration wilderness recreational be managed for dispersed, self-reliant activities with only limited options for FOR FURTHER INFORMATION CONTACT: travel and would include opportunities guidance or assistance the farther one Mike Tranel, Chief of Planning, Denali for extended expeditions in very remote gets from the park road. The remainder National Park and Preserve, 240 West locations. of the backcountry would be managed 5th Avenue, Anchorage, Alaska 99501. Alternative 4: Modified (Preferred for dispersed, self-reliant travel, and Telephone: (907) 644–3611, Fax: (907) Alternative): Alternative 4 from the would include opportunities for 644–3803. Revised Draft was modified for the final extended expeditions in very remote SUPPLEMENTARY INFORMATION: Pursuant plan to respond to substantive public locations. to section 102(2)(C) of the National comments. Management area allocations Alternative 5: This alternative would Environmental Policy Act of 1969 (Pub. and corridors were adjusted slightly, create two distinct geographic areas that L. 91–190, as amended), the NPS has and indicators and standards for provide different kinds of visitor prepared a final environmental impact wildlife were added. The hierarchy for experiences in the Denali backcountry. statement that considers five guided services and educational The Old Park and the Denali Additions alternatives for managing the park and programs was removed and replaced north of the Alaska Range would be preserve’s backcountry. The five with a statement indicating that NPS primarily managed for dispersed, self- alternatives evaluated in this EIS and Murie Science and Learning Center reliant travel although no areas would included four action alternatives and a activities would have a priority for be managed specifically to preserve no action alternative. available backcountry capacity where opportunities for extended expeditions Alternative 1 (No Action): The such capacity is limited. Definitions of in remote locations. Areas along the National Park Service would continue scenic air tours and air taxis were park road and in Kantishna that the present management direction, clarified. The restriction that would presently receive a relatively high guided by the 1986 General prohibit scenic air tours from landing on volume of use and large parts of the Management Plan, the 1997 Entrance the Pika or Eldridge Glaciers when additions south of the Alaska Range Area Road Corridor Development climbers or mountaineers are present would be managed for a greater Concept Plan, the 1997 South Side was modified. Scenic air tour landings intensity and variety of appropriate Denali Development Concept Plan, the may take place when climbers are recreational activities and would have 1997 Strategic Plan, and the 1976 present, but those landings are subject more visible management presence and
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opportunities for more services and of each year. The superintendent may The Department of Justice (DOJ), facilities. adjust this seasonal quota upwards or Bureau of Justice Statistics, has The responsible official for a Record downwards, but may not exceed two submitted the following information of Decision on the proposed action is ships per day. The Glacier Bay National collection request to the Office of the NPS Regional Director in Alaska. Park and Preserve Vessel Quota and Management and Budget (OMB) for Dated: December 23, 2006. Operating Requirements Environmental review and approval in accordance with Marcia Blaszak, Impact Statement and Record of the Paperwork Reduction Act of 1995. Decision (VQOR EIS and ROD) provide The proposed information collection is Regional Director, Alaska Region. additional background information published to obtain comments from the [FR Doc. 06–481 Filed 1–18–06; 8:45 am] regarding vessel management within the public and affected agencies. Comments BILLING CODE 4310–PF–M park area. are encouraged and will be accepted for Federal regualations specific to ‘‘sixty days’’ until March 20, 2006. This DEPARTMENT OF THE INTERIOR Glacier Bay National Park and Preserve process is conducted in accordance with (36 CFR 13.65(b)(2)(v)(C)) provide that 5 CFR 1320.10. National Park Service ‘‘[b]y October 1 of each year (beginning If you have comments especially on in 1998), the superintendent will the estimated public burden or Proposed Ten Percent Increase in determine, with the director’s approval, associated response time, suggestions, Glacier Bay Cruise Ship Quota the number of cruise ship entries for the or need a copy of the proposed Beginning in Year 2007 following summer season (June 1 information collection instrument with through august 31). this determination instructions or additional information, AGENCY: National Park Service, Interior. will be based upon available scientific please contact Allen J. Beck, Ph.D., ACTION: Notice of availability; Proposed and other information and applicable Bureau of Justice Statistics, 810 Seventh Ten Percent Increase in the Seasonal authorities. The number will be subject Street NW., Washington, DC 20531. Cruise Ship Quota for Glacier Bay to the maximum daily limit of two Written comments and suggestions National Park and Preserve for Year vessel use-days. The superintendent from the public and affected agencies 2007. will publish a document of any revision concerning the proposed collection of in seasonal entries in the Federal information are encouraged. Your SUMMARY: The Superintendent of Glacier Register with opportunity for public comments should address one or more Bay National Park and Preserve comment.’’ of the following four points: proposes to increase the number of This proposal is the result of the cruise ships allowed to enter Glacier —Evaluate whether the proposed VQOR EIS public planning process. In Bay during the summer visitor season collection of information is necessary making the proposal the Superintendent by ten percent beginning in 2007. The for the proper performance of the considered reviews of the best available current cruise ship limit is a seasonal functions of the agency, including scientific information collected both by quota of 139 visits during June, July and whether the information will have the National Park Service and by August. The proposal, if implemented, practical utility; scientists independent of the agency, would increase the seasonal cruise ship —Evaluate the accuracy of the agencies which were incorporated in the report quota to 153. estimate of the burden of the and recommendations from the Glacier proposed collection of information, DATES: Comments on the proposal must Bay National Park Science Advisory including the validity of the be received no later than February 21, Board, and an assessment of that report methodology and assumptions used; 2006. provided by the NPS Alaska Regional —Enhance the quality, utility, and ADDRESSES: The proposal memorandum Science Advisor. clarity of the information to be and related documents may be viewed Following a review of public collected; and online at http://www.nps.gov/glba/ comments submitted in response to this —Minimize the burden of the collection pphtml/documents.html. Please submit notice, the Superintendent will submit of information on those who are to electronic comments on the proposal the final decision for submission to the respond, including through the use of memorandum at http:// Director of the National Park Service for appropriate automated, electronic, parkplanning.nps.gov/ approval. If an increase is approved it mechanical, or other technological parkHome.cfm?parkId=12. Written will be announced in the Federal collection techniques or other forms comments can be mailed to the Register. of information technology, e.g., Superintendent, Glacier Bay National Dated: December 22, 2005. permitting electronic submission of Park and Preserve, P.O. Box 140, responses. Gustavus, AK 99826 or faxed to (907) Marcia Blaxzak, Overview of this information 697–2654. Regional Director, Alaska. Comments may be hand delivered to [FR Doc. 06–482 Filed 1–18–06; 8:45 am] collection: (1) Type of Information Collection: the Superintendent at Glacier Bay BILLING CODE 4312–HX–M Extension of a currently approved National Park and Preserve, 1 Park collection. Road, Room 204, Gustavus, AK 99826. (2) Title of the Form/Collection: FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF JUSTICE National Corrections Reporting Program. Tomie Lee, Superintendent, Glacier Bay The collection includes the forms: National Park and Preserve, P.O. Box Bureau of Justice Statistics; Agency National Corrections Reporting Program. 140, Gustavus, AK 99826; (907) 697– Information Collection Activities: (3) Agency form number, if any, and 2230. Existing Collection; Comments the applicable component of the SUPPLEMENTARY INFORMATION: Cruise Requested Department of Justice sponsoring the ship use in Glacier Bay is currently collection: Form number(s): NCRP–1A, ACTION: 60–Day Notice of Information limited to no more than two ships per NCRP–1B, NCRP–1C, and NCRP–1D. Collection Under Review: National day and a further seasonal quota of 139 Corrections Statistics Unit, Bureau of Corrections Reporting Program. total visits during June, July, and August Justice Statistics, Office of Justice
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Programs, United States Department of If additional information is required comments should address one or more Justice. contact: Brenda E. Dyer, Department of the following four points: (4) Affected public who will be asked Clearance Officer, United States —Evaluate whether the proposed or required to respond, as well as a brief Department of Justice, Justice collection of information is necessary abstract: The National Corrections Management Division, Policy and for the proper performance of the Reporting Program (NCRP) is the only Planning Staff, Patrick Henry Building, functions of the agency, including national data collection furnishing Suite 1600, 601 D Street NW., whether the information will have annual individual-level information for Washington, DC 20530. practical utility; State prisoners admitted or released Dated: January 13, 2006. —Evaluate the accuracy of the agencies’ during the year, those in custody at Brenda E. Dyer, estimate of the burden of the year-end, and persons discharged from proposed collection of information, parole supervision. The NCRP collects Department Clearance Officer, Department of Justice. including the validity of the data on sentencing, time served in methodology and assumptions used; prison and on parole, offense, [FR Doc. E6–536 Filed 1–18–06; 8:45 am] BILLING CODE 4410–18–P —Enhance the quality, utility, and admission/release type, and clarity of the information to be demographic information. BJS, the collected; and Congress, researchers, and criminal DEPARTMENT OF JUSTICE —Minimize the burden of the collection justice practitioners use these data to of information on those who are to describe annual movements of adult Bureau of Alcohol, Tobacco, Firearms respond, including through the use of offenders through State correctional and Explosives appropriate automated, electronic, systems. Providers of the data are mechanical, or other technological personnel in the State Departments of Agency Information Collection collection techniques or other forms Corrections and Parole. Activities: Proposed Collection; of information technology, e.g., (5) An estimate of the total number of Comments Requested respondents and the amount of time permitting electronic submission of responses. estimated for an average respondent to ACTION: 60-Day Emergency Notice of respond: BJS anticipates 42 respondents Overview of this information: Information Collection Under Review: (1) Type of information collection: for report year 2006 with a total annual Voluntary Magazine Questionnaire for burden of 2,298 hours. Magnetic media new collection. Agencies/Entities Who Store Explosives (2) The title of the form/collection: or other electronic formats are expected Materials. from 40 respondents and 2 respondents Voluntary Magazine Questionnaire for are expected to report manually. The Agencies/Entities Who Store Explosives The Department of Justice, Bureau of Materials. respondents who have an automated Alcohol, Tobacco, Firearms and data system will require an estimated 24 (3) The agency form number, if any, Explosives, has submitted the following and the applicable component of the hours of time to supply the information information collection request to the for their annual caseload and an department sponsoring the collection: Office of Management and Budget Form Number: none. Bureau of Alcohol, additional 2 hours documenting or (OMB) for review and clearance in explaining the data. The estimate of Tobacco, Firearms and Explosives, accordance with emergency review Department of Justice. respondent burden for these States procedures of the Paperwork Reduction includes time required for modifying (4) Affected public who will be asked Act of 1995. OMB approval has been or required to respond, as well as a brief computer programs, preparing input requested by January 12, 2006. The data, and documenting the tape format abstract: Primary: State, Local or Tribal proposed information collection is Government. Other: none. The and record layout. published to obtain comments from the The estimated average amount of time information from the questionnaires public and affected agencies. If granted, required to manually complete the will be used to identify the number and the emergency approval is only valid for NCRP–1A, NCRP–1B, and NCRP–1C locations of public explosive storage 180 days. Comments should be directed questionnaires are 10 minutes, 5 facilities including those facilities used minutes, and 3 minutes per inmate, to OMB, Office of Information and by state and local law enforcement. The respectively. The respondent burden is Regulation Affairs, Attention: information will also help ATF account directly related to the number of cases Department of Justice Desk Officer, for all explosives materials during reported. For 2000, the two manually Washington, DC 20503. Comments are emergency situations, such as the recent reporting States submitted about 2,600 encouraged and will be accepted for 60 hurricanes in the Gulf, forest fires, or completed questionnaires for the NCRP– days until March 20, 2006. other disasters. 1A; about 2,400 for the NCRP–1B; and During the first 60 days of this same (5) An estimate of the total number of about 400 for the NCRP–1C. The review period, a regular review of this respondents and the amount of time estimated total burden for these information collection is also being estimated for an average respondent to respondents who submitted data undertaken. All comments and respond/reply: It is estimated that 1,000 manually was 654 hours. We expect no suggestions, or questions regarding respondents will complete the additional manual reporters in the additional information, including a application in approximately 30 future; and we expect an insignificant copy of the proposed information minutes. amount of increase in the number of collection instrument with instructions, (6) An estimate of the total public prison admissions, prison releases and should be directed to Mr. Gary Taylor, burden (in hours) associated with the parole exits in the three States that Explosives, Room 7400, 650 collection: The estimated total annual currently report manually. Massachusetts Avenue, NW., public burden associated with this (6) An estimate of the total public Washington, DC 20226. application is 500 hours. burden (in hours) associated with the Written comments and suggestions If additional information is required collection: There are an estimated 2,298 from the public and affected agencies contact: Brenda E. Dyer, Department total burden hours associated with this concerning the proposed collection of Clearance Officer, United States collection. information are encouraged. Your Department of Justice, Justice
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Management Division, Policy and —Enhance the quality, utility, and DEPARTMENT OF JUSTICE Planning Staff, Patrick Henry Building, clarity of the information to be Suite 1600, 601 D Street, NW., collected; and Antitrust Division Washington, DC 20530. —Minimize the burden of the collection Agency Information Collection Dated: January 12, 2006. of information on those who are to Activities: Proposed Collection; Brenda E. Dyer, respond, including through the use of Comments Requested Department Clearance Officer, Department of appropriate automated, electronic, Justice. mechanical, or other technological ACTION: 30-day notice of information [FR Doc. 06–476 Filed 1–18–06; 8:45 am] collection techniques or other forms collection under review: Federal coal BILLING CODE 4410–FY–P of information technology, e.g., lease reserves. permitting electronic submission of responses. The Department of Justice (DOJ), DEPARTMENT OF JUSTICE Antitrust Division has submitted the Overview of This Information following information collection request Bureau of Alcohol, Tobacco, Firearms Collection: to the Office of Management and Budget and Explosives (1) Type of Information Collection: (OMB) for review and approval in accordance with the Paperwork Agency Information Collection Extension of a currently approved collection. Reduction Act of 1995. The proposed Activities: Proposed Collection; information collection is published to Comments Requested (2) Title of the Form/Collection: obtain comments from the public and Notification to Fire Marshal and Chief affected agencies. This proposed ACTION: 60-Day Notice of Information Law Enforcement Officer of Storage of information collection was previously Collection Under Review: Notification Explosive Materials. published in the Federal Register to Fire Marshal and Chief Law (3) Agency form number, if any, and Volume 70, Number 211, on page 66466, Enforcement Officer of Storage of the applicable component of the on November 2, 2005, allowing for a 60- Explosive Materials. Department of Justice sponsoring the day comment period. The Department of Justice (DOJ), collection: Form Number: None. Bureau The purpose of this notice is to allow Bureau of Alcohol, Tobacco, Firearms of Alcohol, Tobacco, Firearms and for an additional 30 days for public and Explosives (ATF), has submitted the Explosives, Department of Justice. comment until February 21, 2006. This following information collection request (4) Affected public who will be asked process is conducted in accordance with to the Office of Management and Budget or required to respond, as well as a brief 5 CFR 1320.10. Written comments and/ (OMB) for review and approval in abstract: Primary: Business or other for- or suggestions regarding the items accordance with the Paperwork profit. Other: Farms, State, local, or contained in this notice, especially the Reduction Act of 1995. The proposed tribal government, individuals or estimated public burden and associated information collection is published to households. The information is response time, should be directed to the obtain comments from the public and provided both orally and in writing to Office of Management and Budget, affected agencies. Comments are the chief law enforcement officer and Office of Information and Regulatory encouraged and will be accepted for the fire marshal of the jurisdiction in Affairs, Attention Department of Justice ‘‘sixty days’’ until March 20, 2006. This which explosives are stored. The Desk Officer, Washington, DC 20503. process is conducted in accordance with information is necessary for the safety of Additionally, comments may be 5 CFR 1320.10. emergency response personnel submitted to OMB via facsimile to (202) If you have comments on the responding to fires at sites where 395–5806. Written comments and estimated public burden, or associated explosives are stored. suggestions from the public and affected response time, or need a copy of the agencies concerning the proposed proposed information collection (5) An estimate of the total number of collection of information are instrument with instructions or respondents and the amount of time encouraged. Your comments should additional information, please contact estimated for an average respondent to address one or more of the following Gary Taylor, Explosives Industry respond: It is estimated that 5,000 four points: Programs Branch, Room 7400, 650 respondents will take 30 minutes to —Evaluate whether the proposed Massachusetts Avenue, NW., complete the notifications. collection of information is necessary Washington, DC 20226. (6) An estimate of the total public for the proper performance of the Written comments and suggestions burden (in hours) associated with the functions of the agency, including from the public and affected agencies collection: There are an estimated 2,500 whether the information will have concerning the proposed collection of annual total burden hours associated practical utility; information are encouraged. Your with this collection. —Evaluate the accuracy of the agencies comments should address one or more If additional information is required estimate of the burden of the of the following four points: contact: Brenda E. Dyer, Department proposed collection of information, —Evaluate whether the proposed Clearance Officer, Department of Justice, including the validity of the collection of information is necessary Justice Management Division, Patrick methodology and assumptions used; for the proper performance of the Henry Building, Suite 1600, 601 D —Enhance the quality, utility, and functions of the agency, including Street, NW., Washington, DC 20530. clarity of the information to be whether the information will have collected; and practical utility; Dated: January 13, 2006. —Minimize the burden of the collection —Evaluate the accuracy of the agencies Brenda E. Dyer, of information on those who are to estimate of the burden of the Department Clearance Officer, Department of respond, including through the use of proposed collection of information, Justice. appropriate automated, electronic, including the validity of the [FR Doc. E6–570 Filed 1–18–06; 8:45 am] mechanical, or other technological methodology and assumptions used; BILLING CODE 4410–FY–P collection techniques or other forms
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of information technology, e.g., DEPARTMENT OF JUSTICE collection techniques or other forms permitting electronic submission of of information technology, e.g., responses. Office of Justice Programs permitting electronic submission of responses. Overview of This Information Agency Information Collection Overview of this information Collection Activities: Reinstatement of a Previous collection: Approved Collection; Comments (1) Type of Information Collection: (1) Type of Information Collection: Requested Reinstatement, with change, of a Extension of a currently approved previously approved collection for ACTION: collection. 30-Day Notice of Information which approval has expired. (2) Title of the Form/Collection: Collection Under Review: 2006 Census (2) Title of the Form/Collection: 2006 Federal Coal Lease Reserves. of Law Enforcement Training Census of Law Enforcement Training Academies. (3) Agency form number, if any, and Academies. the applicable component of the The Department of Justice (DOJ), (3) Agency form number, if any, and Department of Justice sponsoring the Office of Justice Programs, Bureau of the application component of the Department of Justice sponsoring the collection: Form Numbers: ATR–139 Justice Statistics (BJS), has submitted collection: Form Number: CJ–52. and ATR–140, Antitrust Division, the following information collection (4) Affected public who will be asked Department of Justice. request to the Office of Management and Budget (OMB) for review and approval or required to respond, as well as a brief (4) Affected public who will be asked in accordance with the Paperwork abstract: Primary: Federal, State, and or required to respond, as well as a brief Reduction Act of 1995. The proposed Local Government. This information abstract: Primary: Business or other for information collection is published to collection is a census of law Profit. Other: None. The Department of obtain comments from the public and enforcement training academies. The Justice evaluates the competitive impact affected agencies. This proposed information will provide national of issuances, transfers and exchanges of information collection was previously statistics on law enforcement training Federal coal leases. These forms seek published in the Federal Register staff, recruits/trainees, curricula, information regarding a prospective coal Volume 70, Number 205, page 61645 on facilities, and policies. lessee’s existing coal reserves. The October 25, 2005, allowing for a 60-day (5) An estimate of the total number of Department uses this information to comment period. respondents and the amount of time determine whether the issuance, The purpose of this notice is to allow estimated for an average respondent to transfer or exchange of the Federal coal for an additional 30 days for public respond: It is estimated that 650 lease is consistent with the antitrust comment until February 21, 2006. This respondents will complete a one and one-half form. laws. process is conducted in accordance with (6) An estimate of the total public (5) An estimate of the total number of 5 CFR 1320.10. If you have comments especially on burden (in hours) associated with the respondents and the amount of time the estimated public burden or collection: There are an estimated 975 estimated for an average respondent to associated response time, suggestions, total annual burden hours associated respond: It is estimated that 20 or need a copy of the proposed with this collection. respondents will complete each form, information collection instrument with If additional information is required with each response taking instructions or additional information, contact: Robert B. Briggs, Clearance approximately two hours. please contact Matthew Hickman, Officer, United States Department of (6) An estimate of the total public Bureau of Justice Statistics, 810 Seventh Justice, Justice Management Division, burden (in hours) associated with the St., NW., Washington, DC 20531. Policy and Planning Staff, Patrick Henry Building, Suite 1600, 601 D Street, NW., collection: There are an estimated 40 Written comments and suggestions Washington, DC 20530. annual burden hours associated with from the public and affected agencies this collection, in total. concerning the proposed collection of Dated: January 11, 2006. information are encouraged. Your Robert B. Briggs, If additional information is required comments should address one or more contact: Brenda E. Dyer, Department Clearance Officer, United States Department of the following four points: of Justice. Clearance Officer, United States [FR Doc. 06–473 Filed 1–18–06; 8:45 am] Department of Justice, Justice —Evaluation whether the proposed collection of information is necessary BILLING CODE 4410–18–M Management Division, Policy and for the proper performance of the Planning Staff, Patrick Henry Building, functions of the agency, including Suite 1600, 601 D Street, NW., whether the information will have DEPARTMENT OF JUSTICE Washington, DC 20530. practical utility; Dated: January 12, 2006. —Evaluate the accuracy of the agencies Office of Justice Programs Brenda E. Dyer, estimate of the burden of the Agency Information Collection Department Clearance Officer, Department of proposed collection of information, Activities: Proposed Collection; Justice. including the validity of the Comments Requested [FR Doc. E6–569 Filed 1–18–06; 8:45 am] methodology and assumptions used; —Enhance the quality, utility, and BILLING CODE 4410–01–P ACTION: 30-Day Notice of Information clarity of the information to be Collected Under Review: Financial collected; and Status Report (Short Form). —Minimize the burden of the collection of information on those who are to The Department of Justice (DOJ), respond, including through the use of Office of Justice Programs (OJP), Office appropriate automated, electronic, of the Comptroller (OC), has submitted mechanical, or other technological the following information collection
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request to the Office of Management and (4) Affected public who will be asked 5. Discussion on a policy regarding Budget (OMB) for review and approval or required to respond, as well as a brief the treatment of domestic violence in accordance with the Paperwork abstract: Primary: The form is offenders and domestic violence Reduction Act of 1995. The proposed completed by State, Local or Tribal offenses. information collection is published to Governments who were awarded grants 6. Discussion on a revised policy obtain comments from the public and by the Department of Justice, Office of regarding prisoner escapes. affected agencies. This proposed Justice Programs and other cross 7. Discussion on Commissioner information collection was previously servicing agencies. It is used as an aid participation in hearings. published in the Federal Register for grant recipient to report the status of 8. Discussion regarding revised Volume 70, Number 216, pages 68091– their expenditures. amendment to 28 CFR 2.26 and 2.54 68092 on November 9, 2005, allowing (5) An estimate of the total number of pertaining to appeals and requests for for a 60-day comment period. respondents and the amount of time review by the Attorney General. The purpose of this notice is to allow estimated for an average respondent to 9. Discussion regarding Commission an additional 30 days for public respond: The estimated number of handling of crime victims. comment until February 21, 2006. This respondents were 15,304 and the AGENCY CONTACT: Thomas W. process is conducted in accordance with estimated time for an average Hutchison, Chief of Staff, United States 5 CFR 1320.10. respondent to reply is .5 hour. Parole Commission, (301) 492–5990. Written comments and/or suggestions (6) An estimate of the total public Dated: January 13, 2006. regarding the item(s) contained in this burden (in hours) associated with the notice, especially the estimated public collection: These are approximately Rockne Chickinell, burden and associated response time, 30,608 annual burden hours associated General Counsel, U.S. Parole Commission. should be directed to the Office of with this information collection. [FR Doc. 06–525 Filed 1–17–06; 11:15 am] Management and Budget, Office of If additional information is required BILLING CODE 4410–31–M Information and Regulatory Affairs, contact: Robert B. Briggs, Clearance Attention: Department of Justice Desk Officer, United States Department of Officer, Washington, DC 20530. Justice, Justice Management Division, DEPARTMENT OF LABOR Additionally, comments may be Policy and Planning Staff, Patrick Henry submitted to OMB via facsimile to (202) Building, Suite 1600, 601 D Street, NW., Office of the Secretary 395–5806. Written comments and Washington, DC 20530. Submission for OMB Review: suggestions from the public and affected Dated: January 12, 2006. Comment Request agencies concerning the proposal Robert B. Briggs, collection of information are January 12, 2006. encouraged. Your comments should Clearance Officer, Department of Justice. [FR Doc. 06–474 Filed 1–18–06; 8:45 am] The Department of Labor (DOL) has address on or more of the following four submitted the following public BILLING CODE 4410–18–M points: information collection requests (ICRs) to —Evaluate whether the proposed the Office of Management and Budget collection of information is necessary DEPARTMENT OF JUSTICE (OMB) for review and approval in for the proper performance of the accordance with the Paperwork functions of the agency, including Parole Commission Reduction Act of 1995 (Pub. L. 104–13, whether the information will have 44 U.S.C. chapter 35). A copy of each practical utility; [6P04091] ICR, with applicable supporting —Evaluate the accuracy of the agency’s Sunshine Act Meeting; Public documentation, may be obtained by estimate of the burden of the Announcement Pursuant to the contacting the Department of Labor proposed collection of information, Government in the Sunshine Act (DOL). To obtain documentation, including the validity of the (Public Law 94–409) (5 U.S.C. 552b) contact Darrin King on 202–693–4129 methodology and assumptions used; (this is not a toll-free number) or e-mail: —Enhance the quality, utility, and AGENCY HOLDING MEETING: Department of [email protected]. clarity of the information to be Justice, United States Parole Commiss Comments should be sent to Office of collected; and TIME AND DATE: 10 a.m., Friday, January Information and Regulatory Affairs, —Minimize the burden of the collection 20, 2006. Attn: OMB Desk Officer for the of information on those who are to Occupational Safety and Health PLACE: respond, including through the use of 5550 Friendship Blvd., Fourth Administration (OSHA), Office of appropriate automated, electronic, Floor, Chevy Chase, MD 20815. Management and Budget, Room 10235, mechanical, or other technological STATUS: Open. Washington, DC 20503, 202–395–7316 collection techniques or other forms MATTERS TO BE CONSIDERED: The (this is not a toll-free number), within of information technology, e.g., following matters have been placed on 30 days from the date of this publication permitting electronic submission of the agenda for the open Parole in the Federal Register. responses. Commission meeting: The OMB is particularly interested in Overview of this information: 1. Approval of Minutes of Previous comments which: (1) Type of Information Collection: Commission Meeting. • Evaluate whether the proposed Revision of a currently approved 2. Reports from the Chairman, collection of information is necessary collection. Commissioners, Chief of Staff, and for the proper performance of the (2) Title of the Form/Collection: Section Administrators. functions of the agency, including Financial Status Report (Short Form). 3. Discussion on Commission budget- whether the information will have (3) Agency form number, if any, and priorities and directions. practical utility; the applicable component of the 4. Discussion on a policy regarding • Evaluate the accuracy of the Department sponsoring the collection: treatment of sex offenders and sex agency’s estimate of the burden of the N/A; The Office of the Comptroller. offenses. proposed collection of information,
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including the validity of the weighted average and excursion limit; Type of Review: Extension of methodology and assumptions used; notification by employers and building/ currently approved collection. • Enhance the quality, utility, and facility owners of designated personnel Title: Asbestos in Shipyards (29 CFR clarity of the information to be and employees regarding the presence, 1915.1001). collected; and location, and quantity of ACMs and/or OMB Number: 1218–0195. • Minimize the burden of the PACMs; using information, data, and Frequency: On occasion; Semi- collection of information on those who analyses to demonstrate that PACM annually; and Annually. are to respond, including through the does not contain asbestos; posting signs Type of Response: Recordkeeping and use of appropriate automated, in mechanical rooms/areas that Third party disclosure. electronic, mechanical, or other employees may enter and that contain Affected Public: Business or other for- profit; Federal Government; and State, technological collection techniques or ACMs and PACMs, informing them of Local, or Tribal Government. other forms of information technology, the identity and location of these e.g., permitting electronic submission of Number of Respondents: 19. materials and work practices that Number of Annual Responses: 2,210. responses. prevent disturbing the materials; posting Agency: Occupational Safety and Estimated Time Per Response: Varies warning signs demarcating regulated from 5 minutes to maintain records to Health Administration. areas; and affixing warning labels to Type of Review: Extension of 17.3 hours for training a competent asbestos-containing products and to person. currently approved collection. containers holding such products. Title: Asbestos in Construction Total Burden Hours: 1,426. Additional provisions of the Standard Total Annualized capital/startup Standard (29 CFR 1926.1101). that contain paperwork requirements OMB Number: 1218–0134. costs: $0. include: developing specific Frequency: On occasion and Total Annual Costs (operating/ Annually. information and training programs for maintaining systems or purchasing Type of Response: Recordkeeping and employees; providing medical services): $33,635. Third party disclosure. surveillance for employees potentially Description: Several provisions of the Affected Public: Business or other for- exposed to ACMs and/or PACMs, Standard specify paperwork profit; Federal Government; and State, including administering an employee requirements, including: Implementing Local, or Tribal Government. medical questionnaire, providing an exposure-monitoring program that Number of Respondents: 286,821. information to the examining physician, informs employees of their exposure- Number of Annual Responses: and providing the physician’s written monitoring results; and, at multi- 53,719,202. opinion to the employee; maintaining employer worksites, notification of Estimated Time Per Response: Varies records of objective data used for other onsite employers by employers from 5 minutes to maintain records to exposure determinations, employee establishing regulated areas of the type 17.3 hours to train a competent person. exposure-monitoring and medical of work performed with asbestos- Total Burden Hours: 5,569,658. surveillance records, training records, containing materials (ACMs) and/or Total Annualized capital/startup the record (i.e., information, data, and presumed asbestos-containing materials costs: $0. analyses) used to demonstrate that (PACMs), the requirements that pertain Total Annual Costs (operating/ PACM does not contain asbestos, and to regulated areas, and the measures maintaining systems or purchasing notifications made and received by they can use to protect their employees services): $30,730,200. building/facility owners regarding the from asbestos overexposure. Other Description: The information content of ACMs and PACMs; making provisions associated with paperwork collection requirements specified in the specified records (e.g., exposure- requirements include: Evaluating and Asbestos in Construction Standard monitoring and medical surveillance certifying alternative control methods protect employees from the adverse records) available to designated parties; for Class I and Class II asbestos work health effects that may result from and transferring exposure-monitoring and, for Class I asbestos work, a asbestos exposure. The major and medical surveillance records to the requirement to send a copy of the information collection requirements of National Institute for Occupational evaluation and certification to the the Asbestos in Construction Standard Safety and Health on cessation of OSHA national office; informing include: implementing an exposure- business. laundry personnel of the requirement to monitoring program that informs prevent release of airborne asbestos These paperwork requirements permit employees of their exposure-monitoring above the time-weighted average and employers, employees and their results; and at multi-employer excursion limit; notification by designated representatives, OSHA, and worksites, notification of other onsite employers and building/facility owners other specified parties to determine the employers by employers establishing of designated personnel and employees effectiveness of an employer’s asbestos- regulated areas for the type of work regarding the presence, location, and control program. It provides notification performed with asbestos-containing quantity of ACMs and/or PACMs; using to building owners, subsequent building materials (ACMs) and/or presumed information, data, and analyses to owners, contractors and employees of asbestos-containing materials (PACMs); demonstrate that PACM does not the presence of asbestos so that the requirements that pertain to contain asbestos; posting signs in precautions can be taken to protect regulated areas; and the measures they mechanical rooms/areas that employees workers. It provides for monitoring and can use to protect their employees from may enter and that contain ACMs and medical surveillance to assure that asbestos overexposure. Other provisions PACMs, informing them of the identity exposures are kept low and early associated with paperwork requirements and location of these materials and work symptoms are detected. Accordingly, include: evaluating and certifying practices that prevent disturbing the the requirements ensure that employees alternative control methods for Class I materials; posting warning signs exposed to asbestos receive all of the and Class II asbestos work and demarcating regulated areas; and protection afforded by the Standard. informing laundry personnel of the affixing warning labels to asbestos- requirement to prevent release of Agency: Occupational Safety and containing products and to containers airborne asbestos above the time- Health Administration. holding such products.
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Additional provisions of the Standard • Evaluate whether the proposed SUMMARY: The Department of Labor, as that contain paperwork requirements collection of information is necessary part of its continuing effort to reduce include: Developing specific for the proper performance of the paperwork and respondent burden, information and training programs for functions of the agency, including conducts a preclearance consultation employees; providing medical whether the information will have program to provide the general public surveillance for employees potentially practical utility; and Federal agencies with an exposed to ACMs and/or PACMs, • Evaluate the accuracy of the opportunity to comment on proposed including administering an employee agency’s estimate of the burden of the and/or continuing collections of medical questionnaire, providing proposed collection of information, information in accordance with the information to the examining physician, including the validity of the Paperwork Reduction Act of 1995 and providing the physician’s written methodology and assumptions used; (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This opinion to the employee; maintaining • Enhance the quality, utility and program helps to ensure that requested records of objective data used for clarity of the information to be data can be provided in the desired exposure determinations, employee collected; and format, reporting burden (time and • exposure-monitoring and medical- Minimize the burden of the financial resources) is minimized, surveillance records, training records, collection of information on those who collection instruments are clearly the record (i.e., information, data, and are to respond, including through the understood, and the impact of collection analyses) used to demonstrate that use of appropriate automated, requirements on respondents can be PACM does not contain asbestos, and electronic, mechanical, or other properly assessed. Currently, the notifications made and received by technological collection techniques or Employment Standards Administration building/facility owners regarding the other forms of information technology, is soliciting comments concerning the content of ACMs and PACMs; making e.g., permitting electronic submission of proposed collection: Statement of specified records (e.g., exposure- responses. Recovery Forms (CA/EN–1108, SOL/ monitoring and medical-surveillance Agency: Employment and Training EN–1108, CA/EN–1122). A copy of the records) available to designated parties; Administration (ETA). proposed information collection request and transferring exposure-monitoring Type of Review: Extension of a can be obtained by contacting the office and medical-surveillance records to the currently approved collection. listed below in the addresses section of Title: Experience Rating Report. National Institute for Occupational OMB Number: 1205–0164. this Notice. Safety and Health on cessation of Frequency: Annual. DATES: Written comments must be business. Affected Public: State, local, or tribal submitted to the office listed in the Ira L. Mills, gov’t. addresses section below on or before March 20, 2006. Departmental Clearance Officer. Type of Response: Reporting. Number of Respondents: 53. ADDRESSES: Ms. Hazel M. Bell, U.S. [FR Doc. E6–534 Filed 1–18–06; 8:45 am] Annual Responses: 53. Department of Labor, 200 Constitution BILLING CODE 4510–26–P Average Response time: 15 minutes Ave., NW., Room S–3201, Washington, per State. DC. 20210, telephone (202) 693–0418, Total Annual Burden Hours: 13. DEPARTMENT OF LABOR fax (202) 693–1451, e-mail Total Annualized Capital/Startup [email protected]. Please use Costs: 0. only one method of transmission for Office of the Secretary Total Annual Costs (operating/ comments (mail, fax, or e-mail). maintaining systems or purchasing Submission for OMB Review: SUPPLEMENTARY INFORMATION: Comment Request services): 0. Description: The ETA–204 provides I. Background data to ETA for the study of seasonality, January 12, 2006. Under section 8131 a Federal employment or payroll fluctuations, and The Department of Labor (DOL) has employee can sustain a work-related stabilization, expansion or contraction submitted the following public injury, for which he or she is eligible for in operations on employment information collection request (ICR) to compensation under the Federal experience. The data are used to provide the Office of Management and Budget Employees’ Compensation Act (FECA), an indication of whether solvency (OMB) for review and approval in under circumstance that create a legal problems exist in the State’s Trust Fund accordance with the Paperwork liability in some third party to pay accounts and in analyzing factors that Reduction Act of 1995 (Pub. L. 104– damages for the same injury. When this give rise to solvency problems. The data 13,44 U.S.C. Chapter 35). A copy of this occurs, section 8131 of the FECA (5 are also used to complete the ICR, with applicable supporting U.S.C. 8131) authorizes the Secretary of Experience Rating Index. documentation, may be obtained by Labor to either require the employee to calling the Department of Labor. To Ira L. Mills, assign his or her right of action to the obtain documentation contact Ira Mills Departmental Clearance Officer. United States or to prosecute the action. on 202–693–4122 (this is not a toll-free [FR Doc. E6–537 Filed 1–18–06; 8:45 am] When the employee receives a payment number) or e-mail: [email protected]. BILLING CODE 4510–30–P for his or her damages, whether from a Comments should be sent to Office of final court judgment on or a settlement Information and Regulatory Affairs, of the action, section 8132 of the FECA Attn: OMB Desk Officer for ETA, Office DEPARTMENT OF LABOR (5 U.S.C. 8132) provides that the of Management and Budget, Room employee ‘‘shall refund to the United 10235, Washington, DC 20503, 202– Employment Standards Administration States the amount of compensation paid 395–7316 (this is not a toll free number), by the United States * * *’’ To enforce within 30 days from the date of this Proposed Collection; Comment the United States’ statutory right to this publication in the Federal Register. Request refund, the Office of Workers’ The OMB is particularly interested in Compensation Programs (OWCP) has ACTION: Notice. comments which: promulgated regulations that require
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both the reporting of these types of • Evaluate whether the proposed III. Current Actions payments (20 CFR 10.710) and the collection of information is necessary submission of the type of detailed for the proper performance of the The Department of Labor seeks information necessary to calculate the functions of the agency, including approval to collect this information in amount of the required refund (20 CRF whether the information will have order to exercise its responsibility to 10.707(e)). The information collected by practical utility; enforce the United States’ right to this Form CA/EN–1122 is requested from the • Evaluate the accuracy of the refund. These forms will be used to claimant if he or she received a payment agency’s estimate of the burden of the obtain information about amounts for damages without hiring an attorney. proposed collection of information, received as the result of a final judgment Form CA/EN–1108 requests this including the validity of the in litigation, or a settlement of the information from the attorney if one was methodology and assumptions used; litigation, brought against a third party hired to bring suit against the third • Enhance the quality, utility and who is liable for damages due to party. Form SOL/EN–1108 request the clarity of the information to be compensable work-related injury. same information as the CA/EN–1108 if collected; and Type of Review: Extension. • the claimant’s attorney contacts the Minimize the burden of the Agency: Employment Standards Office of the Solicitor (SOL) directly. collection of information on those who Administration. are to respond, including through the This information collection is currently Title: Statement of Recovery Forms. approved for use through July 31, 2006. use of appropriate automated, electronic, mechanical, or other OMB Number: 1215–0200. II. Review Focus technological collection techniques or Agency Number: CA/EN–1108, SOL/ The Department of Labor is other forms of information technology, EN–1108, CA/EN–1122. particularly interested in comments e.g., permitting electronic submissions Affected Public: Business or other for- which: of responses. profit, Individuals or households.
Time per Form/requirement Respondents/ response Burden hours responses (min.)
CA/EN–1108 ...... 2,720 30 1,360 SOL/EN–1108 ...... 160 30 80 CA/EN–1122 ...... 320 15 80
Total Respondents/Responses: 3,200. SUMMARY: In accordance with the pursuant to carrying out its statutory Frequency: As needed. Federal Advisory Committee Act, Public duties for which the Panel reviews, Estimated Total Burden Hours: 1,520. Law 92–463, as amended, the National identifies, evaluates, and advises on Total Burden Cost (capital/startup): Aeronautics and Space Administration those program activities, systems, $0. announces a forthcoming meeting of the procedures, and management activities Total Burden Cost (operating/ Aerospace Safety Advisory Panel. that can contribute to program risk. maintenance): $1,344.00. DATES: Priority is given to those programs that Comments submitted in response to 1. Thursday, February 2, 2006, 1 p.m. involve the safety of human flight. The this notice will be summarized and/or to 2 p.m. Central Time. (Briefing, major subjects covered will be NASA included in the request for Office of Teleconference). organizational areas of interest as they Management and Budget approval of the 2. Friday, February 3, 2006, 8 a.m. to relate to safety. The Aerospace Safety information collection request; they will 9 a.m. Central Time. (Briefing, Advisory Panel is composed of nine also become a matter of public record. Teleconference). members. 3. Friday, February 3, 2006, 10 a.m. to Dated: January 12, 2006. The two briefings will cover the 12 p.m. Central Time. (ASAP Public following topics: Sue Blumenthal, Meeting). Acting Chief, Branch of Management Review 1. STS–121 (Shuttle Transport and Internal Control, Division of Financial ADDRESSES: System) Return to Flight Activities Management, Office of Management, 1. Marshall Space Flight Center, 4200 Teleconference phone number: 888– Administration and Planning, Employment Room P110, Huntsville, AL (Briefings 1 455–3612. Passcode: ASAP. Standards Administration. and 2). 2. NASA Crew Launch Vehicle (CLV) [FR Doc. E6–535 Filed 1–18–06; 8:45 am] 2. Marshall Institute Educator Teleconference phone number: 888– BILLING CODE 4510–CH–P Resource Center at the U. S. Space and 455–3612. Passcode: ASAP. Rocket Center, Auditorium/Room 105, The following two Status Briefings One Tranquility Base, Huntsville, AL will be given to the Panel and open to 35805. (ASAP Public Meeting). the public, via teleconference, up to the NATIONAL AERONAUTICS AND FOR FURTHER INFORMATION CONTACT: Mr. capacity of the phone bridge (25). The SPACE ADMINISTRATION John D. Marinaro, Aerospace Safety Public Meeting will be held at the Advisory Panel Executive Director, Marshall Institute Educator Resource [Notice (06–003)] National Aeronautics and Space Center and open to the public up to the Administration, Washington, DC 20546, seating capacity of the room (128). Aerospace Safety Advisory Panel (202) 358–0914. Teleconference access and seating will Meeting SUPPLEMENTARY INFORMATION: The be on a first-come, first-serve basis. AGENCY: National Aeronautics and Aerospace Safety Advisory Panel will Please contact Ms. Susan Burch at Space Administration. receive two status briefings and hold its [email protected] or by telephone Quarterly Meeting on February 2 and 3, at (202) 358–0914 by January 30 to ACTION: Notice of meeting. respectively. This discussion is reserve a seat. Visitors will be requested
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to sign a visitor’s register. Photographs addressee section below on or before I. The National Museum of African will only be permitted during the first March 20, 2006. American History and Culture Act 10 minutes of the meeting. During the IMLS is particularly interested in authorizes the Institute to develop, first 30 minutes of the Public Meeting, comments that help the agency to: among other things, the following: members of the public may make a 5- • Evaluate whether the proposed (A) A grant program with the purpose minute verbal presentation to the Panel collection of information is necessary of improving operations, care of on the subject of safety in NASA. To do for the proper performance of the collections, and development of so, please contact Ms. Susan Burch at functions of the agency, including professional management at African (202) 358–0914 at least 24 hours in whether the information will have American museums; advance. Any member of the public is practical utility; (B) A grant program with the purpose permitted to file a written statement • Evaluate the accuracy of the of providing internship and fellowship with the Panel at the time of the agency’s estimate of the burden of the opportunities at African American meeting. Verbal presentations and proposed collocation of information museums. 20 U.S.C. 80r–5(b). Pursuant written comments should be limited to including the validity of the to this authority, IMLS proposes the the subject of safety in NASA. Rationale methodology and assumptions used; program of grants to support and • for this notice being posted less than 15 Enhance the quality, utility and enhance African American museums days prior to the meeting is due to the clarity of the information to be throughout the country. scheduling difficulties of the meeting collected; and II. Current Actions: • venue and Panel member availability. Minimize the burden of the To administer this program of grants, collection of information on those who IMLS must develop application P. Diane Rausch, are to respond, including through the guidelines. Advisory Committee Management Officer, use of appropriate automated electronic, Agency: Institute of Museum and National Aeronautics and Space mechanical, or other technological Library Services. Administration. collection techniques or other forms of Title: Application Guidelines. [FR Doc. E6–581 Filed 1–18–06; 8:45 am] information technology, e.g. permitting OMB Number: n/a. BILLING CODE 7510–13–P electronic submissions of responses. Agency Number: 3137. Frequency: Annually. ADDRESSES: Rebecca Danvers, Director Affected Public: Museums. of Research and Technology, Institute of Number of Respondents: 50. Museum and Library Services, 1800 M Estimated Time Per Respondent: 35 NATIONAL FOUNDATION ON THE Street, NW., 9th Floor, Washington, DC ARTS AND HUMANITIES hours. 20036; telephone 202–653–4680, fax Total Burden Hours: 1750. Proposed Collection, Comment 202–653–4625, e-mail Total Annualized capital/startup Request, Program Guidelines [email protected]. costs: $0. SUPPLEMENTARY INFORMATION: Total Annual costs: $32,900. ACTION: Notice of requests for Background: The Institute of Museum FOR FURTHER INFORMATION CONTACT: information collection. and Library Services is an independent Rebecca Danvers, Direct of Research and Federal grant-making agency authorized Technology, Institute of Museum and SUMMARY: The Institute of Museum and by the Museum and Library Services Library Services, 1800 M Street, NW., Library Services as part of its continuing Act, 20 U.S.C. 9191, et seq. The IMLS 9th Floor, Washington, DC 20036; effort to reduce paperwork and provides a variety of grant programs to telephone 202–653–4680, fax 202–653– respondent burden, conducts a pre- assist the nation’s museums and 4625, e-mail [email protected]. clearance consultation program to libraries in improving their operations Dated: January 12, 2006. provide the general public and Federal and enhancing their services to the Rebecca Danvers, agencies with an opportunity to public. Museums and libraries of all Director, Office of Research and Technology. comment on proposed and/or sizes and types may receive support [FR Doc. 06–462 Filed 1–18–06; 8:45 am] continuing collections of information in from IMLS programs. The Museum and accordance with the Paperwork Library Services Act, 20 U.S.C. 9101, et BILLING CODE 7036–01–M Reduction Act of 1995 (PRA95) [44 seq. authorizes the Director of the U.S.C. 3508(2)(A)]. This program helps Institute of Museum and Library to ensure that requested data can be Services to make grants to museums and NUCLEAR REGULATORY provided in the desired format, other entities as the Director considers COMMISSION reporting burden (time and financial appropriate. In addition, the National Sunshine Act Meeting Notice resources) is minimized, collection Museum of African American History instruments are clearly understood, and and Culture Act (the ‘‘Act’’) authorizes AGENCY HOLDING THE MEETINGS: Nuclear the impact of collection requirements on the Director of the Institute of Museum Regulatory Commission. respondents can be properly assessed. and Library Services to establish grant DATE: Currently the Institute of Museum and Weeks of January 16, 23, 30; and scholarship programs to improve February 6, 13, 20, 2006. Library Services is soliciting comments operations, care of collections, and PLACE: Commissioners’ Conference concerning the proposed collection of development of professional application information for the Museum Room, 11555 Rockville Pike, Rockville, management of African American Maryland. Grants for African American History museums throughout the country, and STATUS: Public and closed. and Culture program. to establish grant programs with the A copy of the proposed information purpose of providing internship and MATTERS TO BE CONSIDERED: collection request can be obtained by fellowship opportunities at African Week of January 16, 2006 contacting the individual listed below American Museums. See, generally, 20 in the addresses section of this notice. U.S.C. 80r–5(b). The Institute’s new Tuesday, January 17, 2006 DATES: Written comments must be Program is developed pursuant to the 1:30 p.m. Discussion of Security Issues submitted to the office listed in the provisions of this Act. (Closed—Ex. 1 & 3.
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Week of January 23, 2006—Tentative notice. To verify the status of meetings Management and Budget for extension There are no meetings scheduled for call (recording)—(301) 415–1292. and approval. Contact person for more information: the Week of January 23, 2006. Rule 15c2–8 Delivery of Prospectus Michelle Schroll, (301) 415–1662. Week of January 30, 2006—Tentative * * * * * Rule 15c2–8 requires broker-dealers to Tuesday, January 31, 2006 The NRC Commission Meeting deliver preliminary or final Schedule can be found on the Internet prospectuses to specified persons in 9:30 a.m. Briefing on Strategic association with securities offerings. Workforce Planning and Human at: http//www.nrc.gov/what-we-do/ policy-making/schedule.html. This requirement ensures that Capital Initiatives (Closed—Ex. 2). information concerning issuers flows to * * * * * purchasers of the issuers’ securities in a Wednesday, February 1, 2006 The NRC provides reasonable timely fashion. It is estimated that there accommodation to individuals with 9:30 a.m. Discussion of Security Issues are approximately 8,000 broker-dealers, disabilities where appropriate. If you (Closed—Ex. 1 & 3). any of which potentially may need a reasonable accommodation to participate in an offering subject to rule Week of February 6, 2006—Tentative participate in these public meetings, or 15c2–8. The Commission estimates that Monday, February 6, 2006 need this meeting notice or the rule 15c2–8 creates approximately transcript or other information from the 9:30 a.m. Briefing on Materials 10,600 burden hours with respect to 120 public meetings in another format (e.g., Degradation Issues and Fuel initial public offerings and 460 other braille, large print), please notify the Reliability (Public Meeting). (Contact: offerings. NRC’s Disability Program Coordinator, Jennifer Uhle, 301–415–6200.) Written comments are invited on: (a) August Spector, at 301–415–7080, TDD: This meeting will be Webcast live at Whether the proposed collection of 301–415–2100, or by e-mail at the Web address—http://www.nrc.gov. information is necessary for the proper [email protected]. Determinations on performance of the functions of the 2 p.m. Discussion of Security Issues requests for reasonable accommodation agency, including whether the (Closed—Ex. 1 & 3). will be made on a case-by-case basis. information shall have practical utility; Wednesday, February 8, 2006 * * * * * (b) the accuracy of the agency’s 9:30 a.m. Briefing on Office of Nuclear This notice is distributed by mail to estimates of the burden of the proposed Materials Safety and Safeguards several hundred subscribers; if you no collection of information; (c) ways to (NMSS) Programs, Performance, and longer wish to receive it, or would like enhance the quality, utility, and clarity Plans—Materials Safety (Public to be added to the distribution, please of the information to be collected; and Meeting). (Contact: Teresa Mixon, contact the Office of the Secretary, (d) ways to minimize the burden of the 301–415–7474; Derk Widmayer, 301– Washington, DC 20555 (301–415–1969). collection of information on 415–6677). In addition, distribution of this meeting respondents, including through the use This meeting will be Webcast live at notice over the Internet system is of automated collection techniques or the Web address—http://www.nrc.gov. available. If you are interested in other forms of information technology. receiving this Commission meeting 1:30 p.m. Briefing on Office of Research Consideration will be given to schedule electronically, please send an (RES) Programs, Performance and comments and suggestions submitted in electronic message to [email protected]. Plans (Public Meeting). (Contact: Gene writing within 60 days of this Carpenter, 301–415–7333). Dated: January 12, 2006. publication. This meeting will be Webcast live at R. Michelle Schroll, Please direct your written comments the Web address—http://www.nrc.gov. Office of the Secretary. to R. Corey Booth, Director/Chief [FR Doc. 06–524 Filed 1–17–06; 11:15 am] Information Officer, Securities and Week of February 13, 2006—Tentative Exchange Commission, 100 F Street, BILLING CODE 7590–01–M Tuesday, February 14, 2006 NE., Washington, DC 20549. 2 p.m. Briefing on Office of Nuclear Dated: January 11, 2006. Materials Safety and Safeguards SECURITIES AND EXCHANGE Nancy M. Morris, (NMSS) Programs, Performance, and COMMISSION Secretary. Plans—Waste Safety (Public Meeting). [FR Doc. 06–480 Filed 1–18–06; 8:45 am] Proposed Collection; Comment (Contact: Teresa Mixon, 301–415– BILLING CODE 8010–01–M 7474; Derek Widmayer, 301–415– Request 6677). Upon Written Request, Copies Available This meeting will be Webcast live at From: Securities and Exchange SECURITIES AND EXCHANGE the Web address—http://www.nrc.gov. Commission, Office of Filings and COMMISSION Wednesday, February 15, 2006 Information Services, Washington, DC [File No. 1–13955] 20549. 9:30 a.m. Briefing on Status of OCFO Issuer Delisting; Notice of Application Programs, Performance, and Plans Extension: Rule 15c2–8; SEC File No. 270– 421; OMB Control No. 3235–0481. of Cash Systems, Inc. To Withdraw Its (Public Meeting). (Contact: Edward Common Stock, $.001 Par Value, From New, 301–415–5646). Notice is hereby given that pursuant Listing and Registration on the This meeting will be Webcast live at to the Paperwork Reduction Act of 1995 American Stock Exchange LLC the Web address—http://www.nrc.gov. (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission January 12, 2006. Week of February 20, 2006—Tentative (‘‘Commission’’) is soliciting comments On December 28, 2005, Cash Systems, There are no meetings scheduled for on the collection of information Inc., a Delaware corporation (‘‘Issuer’’), the Week of February, 2006. summarized below. The Commission filed an application with the Securities *The schedule for Commission plans to submit this existing collection and Exchange Commission meetings is subject to change on short of information to the Office of (‘‘Commission’’), pursuant to Section
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12(d) of the Securities Exchange Act of review your comments more efficiently, SECURITIES AND EXCHANGE 1934 (‘‘Act’’) 1 and Rule 12d2–2(d) please use only one method. The COMMISSION thereunder,2 to withdraw its common Commission will post all comments on [Release No. 34–53105; File No. SR–Amex– stock, $.001 par value (‘‘Security’’), from the Commission’s Internet Web site 2005–059] listing and registration on the American (http://www.sec.gov/rules/delist.shtml). Stock Exchange LLC (‘‘Amex’’). Comments are also available for public Self-Regulatory Organizations; On December 23, 2005, the Board of inspection and copying in the American Stock Exchange LLC; Order Directors (‘‘Board’’) of the Issuer Commission’s Public Reference Room. Granting Accelerated Approval of a approved resolutions to withdraw the All comments received will be posted Proposed Rule Change and Security from listing and registration on without change; we do not edit personal Amendment Nos. 1 and 2 Thereto and Amex and to list the Security on the identifying information from Notice of Filing and Order Granting Nasdaq National Market (‘‘Nasdaq’’). submissions. You should submit only Accelerated Approval of Amendment The Issuer stated in its application that information that you wish to make Nos. 3 and 4 Thereto Relating to the the Board is taking such action because available publicly. Listing and Trading of the DB after considering, among other things, The Commission, based on the Commodity Index Tracking Fund the capital market alternatives, the information submitted to it, will issue January 11, 2006. Board believes, it is advisable and in the an order granting the application after best interests of the Issuer and its the date mentioned above, unless the I. Introduction stockholders to list its Security on Commission determines to order a On May 27, 2005, the American Stock Nasdaq and to withdraw the Security hearing on the matter. from listing on Amex. Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) The Issuer stated in its application For the Commission, by the Division of filed with the Securities and Exchange that it has met the requirements of Market Regulation, pursuant to delegated Commission (‘‘SEC’’ or ‘‘Commission’’), Amex Rule 18 by complying with all authority.5 pursuant to Section 19(b)(1) of the applicable laws in effect in the State of Nancy M. Morris, Securities Exchange Act of 1934 (‘‘Act’’ 1 Delaware, in which it is incorporated, or ‘‘Exchange Act’’) and Rule 19b–4 Secretary. 2 and provided written notice of thereunder, a proposed rule change to [FR Doc. E6–517 Filed 1–18–06; 8:45 am] list and trade the DB Commodity Index withdrawal to Amex. BILLING CODE 8010–01–P The Issuer’s application relates solely Tracking Fund under new Commentary to withdrawal of the Security from .07 to Amex Rule 1202. On September 15, 2005, the Amex filed Amendment listing on Amex and from registration SECURITIES AND EXCHANGE 3 No. 1 to the proposed rule change. On under Section 12(b) of the Act, and COMMISSION shall not affect its obligation to be November 15, 2005, the Amex filed registered under Section 12(g) of the Amendment No. 2 to the proposed rule [File No. 500–1] Act.4 change. The proposed rule change, as Any interested person may, on or amended by Amendment Nos. 1 and 2, In the Matter of Smart Online, Inc.; was published for comment in the before February 8, 2006, comment on Order of Suspension of Trading the facts bearing upon whether the Federal Register on December 16, 2005 application has been made in January 17, 2006. for a 15-day comment period, which accordance with the rules of Amex, and ended on January 3, 2006.3 The what terms, if any, should be imposed It appears to the Securities and Commission received no comments on by the Commission for the protection of Exchange Commission that there is a the proposal. On January 5, 2006, the investors. All comment letters may be lack of current and accurate information Amex filed Amendment No. 3 to the submitted by either of the following concerning the securities of Smart proposed rule change.4 On January 11, methods: Online, Inc. (‘‘SOLN’’) because of possible manipulative conduct 1 15 U.S.C. 78s(b)(1). Electronic Comments occurring in the market for the 2 17 CFR 240.19b–4. • company’s stock. 3 See Securities Exchange Act Release No. 52940 Use the Commission’s Internet (December 12, 2005), 70 FR 74850. comment form (http://www.sec.gov/ The Commission is of the opinion that 4 In Amendment No. 3, the Amex: (1) Added rules/delist.shtml); or the public interest and the protection of language to clarify that the composition of the Index • Send an e-mail to rule- investors require a suspension of trading may be adjusted in the event that the Index Sponsor [email protected]. Please include the in the securities of the above-listed is not able to obtain information necessary from the relevant futures exchanges to calculate the daily File Number 1–13955 or; company. and/or closing prices for the Index commodities; (2) Paper Comments Therefore, it is ordered, pursuant to stated that, in connection with adjustments to the section 12(k) of the Securities Exchange Index, if futures prices are not available, the Index • Send paper comments in triplicate Sponsor will typically use the prior day’s futures Act of 1934, that trading in the above- to Nancy M. Morris, Secretary, price and that, in exceptional cases, the Index listed company is suspended for the Sponsor may employ a ‘‘fair value’’ price; (3) stated Securities and Exchange Commission, period from 9:30 a.m. EST, on January that, in the case of a temporary disruption in 100 F Street, NE., Washington, DC connection with the trading of the futures contracts 17, 2006 through 11:59 p.m. EST, on 20549–9303. comprising the Index, the Exchange believes that it January 30, 2006. All submissions should refer to File is unnecessary for a filing pursuant to Section 19(b) under the Exchange Act to be submitted to the Number 1–13955. This file number By the Commission. Commission and represented that if the use of a should be included on the subject line J. Lynn Taylor, prior day’s price or ‘‘fair value’’ pricing for an Index if e-mail is used. To help us process and commodity or commodities is more than of a Assistant Secretary. temporary nature, a rule filing will be submitted [FR Doc. 06–519 Filed 1–17–06; 11:16 am] pursuant to Section 19(b) of the Exchange Act; (4) 1 15 U.S.C. 78l(d). BILLING CODE 8010–01–P represented that, if a successor or substitute Index 2 17 CFR 240.12d2–2(d). is used by the Managing Owner, the Exchange will 3 15 U.S.C. 78l(b). file a proposed rule change pursuant to Rule 19b– 4 15 U.S.C. 78l(g). 5 17 CFR 200.30–3(a)(1). Continued
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2006, the Amex filed Amendment No. 4 commodity pool operator and replacements occur monthly (other than to the proposed rule change.5 This order commodity trading advisor with the in November) during the first week of grants accelerated approval of the Commodity Futures Trading the month in the case of futures proposed rule change, as amended by Commission (‘‘CFTC’’) and a member of contracts relating to crude oil and Amendment Nos. 1 and 2. the National Futures Association heating oil and annually in November in Simultaneously, the Commission is (‘‘NFA’’). the case of futures contracts relating to providing notice of filing of, granting The Managing Owner will serve as the aluminum, gold, corn and wheat. accelerated approval of, and soliciting commodity pool operator and The Index is adjusted annually in comments from interested persons on commodity trading advisor of the Fund November to rebalance its composition Amendment Nos. 3 and 4. and the Master Fund. In this particular to ensure that each of the Index case, the Managing Owner of the Master commodities are weighted in the same II. Description of the Proposal Fund will manage only the futures proportion that such commodities were The Exchange proposes to add new contracts in order to track the weighted on December 1, 1988 (the Commentary .07 to Amex Rule 1202 for performance of the Index. The Master ‘‘Base Date’’). The Index has been the purpose of permitting the listing and Fund may also include U.S. Treasury calculated back to the Base Date. On the trading of Trust Issued Receipts securities for margin purposes and other Base Date, the closing level was 100. (‘‘TIRs’’) where the trust holds shares high credit quality short-term fixed The following table reflects the index (‘‘Investment Shares’’) that are issued by income securities. base weights (‘‘Index Base Weights’’) of a trust, partnership, commodity pool, or each Index commodity on the Base Date: other similar entity that holds III. Index Description investments in any combination of DBLCI is intended to reflect the Index securities, futures contracts, options on Index commodity base performance of certain commodities. weight futures contracts, swaps, forward The Index tracks the performance of (%) contracts, commodities or portfolios of futures contracts on crude oil, heating investments. For each separate oil, aluminum, gold, corn and wheat, Crude Oil ...... 35.00 Investment Share, the Exchange would and the notional amounts of each Heating Oil ...... 20.00 submit a filing pursuant to Section 19(b) commodity included in the Index are Aluminum ...... 12.50 of the Act. The Shares will conform to Gold ...... 10.00 approximately in proportion to Corn ...... 11.25 the initial and continued listing criteria historical levels of the world’s Wheat ...... 11.25 under proposed Commentary .07(d) to production and supplies of such Amex Rule 1202.6 In its proposal, the commodities. The sponsor of the Index Closing Level on Base Date ..... 100.00 Amex initially proposes to list and trade is Deutsche Bank AG London (‘‘DB the shares (the ‘‘Shares’’) of a specific London’’). The composition 9 of the Index may trust, DB Commodity Index Tracking The Index value is calculated by DB be adjusted in the event that the Index Fund (the ‘‘Fund’’), that invests in the London during the trading day on the Sponsor is not able to obtain securities of a commodity pool. basis of the most recently reported trade information necessary from the relevant The Fund will invest substantially all price for the relevant futures contract futures exchanges to calculate the daily of its assets in the common units of relating to each of the Index and/or closing prices for the Index beneficial interests of DB Commodity commodities. Therefore, the market commodities. If futures prices are not Index Tracking Master Fund (the value of each Index commodity during available, the Index Sponsor will ‘‘Master Fund’’). The Master Fund is a the trading day will be equal to the typically use the prior day’s futures trust created under Delaware law that number of futures contracts of each price. In exceptional cases (such as will consist primarily of futures commodity represented in the Index when a daily price limit is reached on contracts on the commodities multiplied by the real-time futures a futures exchange), the Index Sponsor comprising the Deutsche Bank Liquid contract price (i.e., the most recently may employ a ‘‘fair value’’ price (i.e., Commodity IndexTM—Excess Return reported trade price).8 The Index value the price for unwinding the futures (the ‘‘DBLCI’’ or ‘‘Index’’). Both the will be calculated and disseminated at position by dealers OTC).10 In the case Fund and the Master Fund are least every 15 seconds during the period of a temporary disruption in connection commodity pools operated by DB the Shares trade on the Exchange. The with the trading of the futures contracts Commodity Services LLC (the closing level of the Index is calculated comprising the Index, the Exchange ‘‘Managing Owner’’).7 The Managing by DB London on the basis of closing believes that it is unnecessary for a Owner will be registered as a prices for the applicable futures filing pursuant to Section 19(b) under contracts relating to each of the Index the Exchange Act to be submitted to the 4 under the Exchange Act to address, among other commodities and applying such prices things, the listing and trading characteristics of the to the relevant notional amount. For 9 The Exchange represents that should the Index successor or substitute index and the Exchange’s each Index commodity, the market Sponsor replace or delete the current Index surveillance procedures applicable to the successor components, the Exchange will submit a rule filing, or substitute index; and (5) requested accelerated value will be equal to the number of for Commission approval, pursuant to Section 19(b) approval of Amendment No. 3. futures contracts represented in the of the Exchange Act. Telephone conversation 5 In Amendment No. 4, the Amex amended the Index multiplied by the futures contract between Jeffrey Burns, Associate General Counsel, rule text to require that the Index value will be closing price. The Index includes Amex, and Florence Harmon, Senior Special disseminated through one or more major market Counsel, Division of Market Regulation, data vendors at least every 15 seconds during the provisions for the replacement of Commission, on January 10, 2006. time the Shares trade on Amex. expiring futures contracts. This 10 The Exchange notes that this is similar to the 6 Proposed Commentary .07(d) to Rule 1202 for replacement takes place over a period of case for index options when prices are unavailable listing the Shares is substantially similar to current time in order to lessen the impact on the or unreliable. Article XVII, Section 4 of OCC’s By- Rule 1202A relating to Commodity-Based Trust Laws permits it to use the prior day’s closing price Shares. market for such Index commodity. Such to fix an index option’s exercise settlement value. 7 The Exchange stated that the Fund is not a In addition, OCC may also use the next day’s registered investment company under the 8 Quote information and last sale information is opening price, a price or value at such other time Investment Company Act of 1940 (‘‘1940 Act’’) and available from the applicable futures markets and as determined by OCC or an average of prices or is not required to register under the 1940 Act. from data vendors. values as determined by OCC.
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Commission. However, the Exchange heating oil futures contract is also used the Master Fund. The Fund will hold no represents that if the use of a prior day’s to hedge diesel fuel and jet fuel, both of investment assets other than Master price or ‘‘fair value’’ pricing for an Index which trade in the cash market at an Fund Units.18 Each Share will correlate commodity or commodities is more than often stable premium to the heating oil with a Master Fund share issued by the of a temporary nature, a rule filing will futures contract. Master Fund and held by the Fund. be submitted pursuant to Section 19(b) Gold. NYMEX is the world’s largest Master Fund. The Master Fund is a of the Exchange Act. physical commodity futures exchange statutory trust formed pursuant to the The Managing Owner has represented and the dominant market for the trading Delaware Statutory Trust Act and will that it will seek to arrange to have the of energy and precious metals.14 issue units of beneficial interest or Index calculated and disseminated on a Aluminum. Aluminum is the most shares that represent units of fractional daily basis through a third party if DB heavily produced and consumed non- undivided beneficial interest in and London ceases to calculate and ferrous metal in the world. Its low ownership of the Master Fund. Unless disseminate the Index. If, however, the density and malleability has been terminated earlier, the Master Fund will Managing Owner is unable to arrange recognized and championed by the expire on December 31, 2055. The the calculation and dissemination of the industrial world. In 2001, world investment objective of the Master Fund Index (or a Successor Index), the primary refined production totaled over is to reflect the performance of the Exchange will undertake to delist the 24 million tonnes. The total turnover for DBLCI less the expenses of the Shares.11 the London Metal Exchange (‘‘LME’’) operations of the Fund and the Master primary aluminum futures and options Fund. The Master Fund will pursue its IV. Commodity Futures Contracts and in 2001 was over 25 million lots or 625 investment objective by investing Related Options million tonnes. The LME has the most primarily in a portfolio of futures The Index Sponsor will calculate each liquid aluminum contracts in the contracts on the commodities day the closing level of the Index on the world.15 comprising the DBLCI. In addition, the basis of the closing prices for the futures Corn. Corn futures are traded on the Master Fund will also hold cash and contracts on the relevant primary Chicago Board of Trade (‘‘CBOT’’) with U.S. Treasury securities for deposit with 16 markets, indicated below. a unit of trading of 5,000 bushels. futures commission merchants Crude Oil. Crude oil is the world’s Wheat. Wheat futures are traded on (‘‘FCMs’’) as margin and other high most actively traded commodity. The the CBOT with a unit of trading of 5,000 credit quality short-term fixed income 17 Light Sweet Crude Oil futures contract bushels. securities. traded on the New York Mercantile V. Structure of the Fund Trustee. Wilmington Trust Company Exchange (‘‘NYMEX’’) is the world’s is the trustee of the Fund and the Master Fund. The Fund is a statutory trust most liquid forum for crude oil trading, Fund. The trustee has delegated to the formed pursuant to the Delaware as well as the world’s most liquid Managing Owner the power and Statutory Trust Act and will issue units futures contract on a physical authority to manage and operate the of beneficial interest or shares that commodity.12 Due to the excellent day-to-day affairs of the Fund and the represent units of fractional undivided liquidity and price transparency of the Master Fund. futures contract, it is used as a principal beneficial interest in and ownership of Managing Owner. The Managing international pricing benchmark. the Fund. Unless terminated earlier, the Owner is a Delaware limited liability Heating Oil. The heating oil futures Fund will expire on December 31, 2055. company that will be registered with the contract, listed and traded at the The investment objective of the Fund is CFTC as a commodity pool operator and NYMEX, trades in units of 42,000 to reflect the performance of the DBLCI commodity trading advisor and is an gallons (1,000 barrels) and is based on less the expenses of the operation of the affiliate of Deutsche Bank AG, the delivery in New York harbor, the Fund and the Master Fund. The Fund sponsor of the Fund and Master Fund. principal cash market center.13 The will pursue its investment objective by The Managing Owner will serve as the investing substantially all of its assets in commodity pool operator and 11 If the Index is discontinued or suspended, 14 commodity trading advisor of the Fund Managing Owner, in its sole discretion, may In 2004, ADTV on NYMEX for futures contracts and the Master Fund and will manage substitute the Index with an index substantially on gold were 60,079 (with each contract similar to the discontinued or suspended Index (the representing 100 troy ounces); ADTV through and control all aspects of the business ‘‘Successor Index’’). The Successor Index may be August 2005 was 61,085. Annual contracts traded of the Funds. calculated and/or published by any other third on NYMEX on gold in 2004 were 14.9 million; Clearing Broker. Deutsche Bank party. The Exchange represents that if a successor annual contracts traded through August 2005 were Securities, Inc., the Clearing Broker, is or substitute Index is used by the Managing Owner, 10.2 million. the Exchange will file a proposed rule change 15 In 2004, ADTV on LME for futures contracts on an affiliate of the Managing Owner and pursuant to Rule 19b–4 under the Exchange Act to aluminum were 116,004 (with each contract is registered with the CFTC as an FCM. address, among other things, the listing and trading representing 25 tonnes); ADTV through August The Clearing Broker will execute and characteristics of the successor or substitute index 2005 was 113,743. Annual contracts traded on LME clear each of the Master Fund’s futures and the Exchange’s surveillance procedures on aluminum in 2004 were 29.2 million; annual applicable to the successor or substitute index. See contracts traded through August 2005 were 18.9 contract transactions and will perform also infra note 32 and accompanying text. million. certain administrative services for the 12 In 2004, ADTV on NYMEX for futures contracts 16 In 2004, ADTV on CBOT for futures contracts Master Fund. on light sweet crude oil were 212,382 (with each on corn were 95,390 (with each contract Administrator. The Bank of New York contract representing 1,000 barrels); ADTV through representing 5,000 bushels); ADTV through August is the administrator for both the Fund August 2005 was 241,673. Annual contracts traded 2005 was 120,237. Annual contracts traded on on NYMEX on light sweet crude oil in 2004 were CBOT on corn in 2004 were 24.038 million; annual and the Master Fund (the 52.8 million; annual contracts traded through contracts traded through August 2005 were 20.19 ‘‘Administrator’’). The Administrator August 2005 were 40.6 million. million. will perform or supervise the 13 In 2004, ADTV on NYMEX for futures contracts 17 In 2004, ADTV on CBOT for futures contracts performance of services necessary for on heating oil were 51,745 (with each contract on wheat were 31,568 (with each contract representing 1,000 barrels); ADTV through August representing 5,000 bushels); ADTV through August the operation and administration of the 2005 was 52,413. Annual contracts traded on 2005 was 41,249. Annual contracts traded on CBOT NYMEX on heating oil in 2004 were 12.8 million; on wheat in 2004 were 7.95 million; annual 18 See Pre-Effective Amendment No. 4 to the annual contracts traded through August 2005 were contracts traded through August 2005 were 6.92 Fund’s Form S–1, Registration No. 333–125325, 8.8 million. million. dated October 26, 2005.
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Fund and the Master Fund. These (the ‘‘Basket Amount’’) on the purchase identical Shares that will be listed and services include, but are not limited to, order date. Thus, the Basket Amount traded on the Amex.21 The Shares are investment accounting, financial usually will be determined on each expected to be traded on the Exchange reporting, broker and trader business day by the Administrator by professionals, as well as institutional reconciliation, net asset value (‘‘NAV’’) shortly after 4 p.m. ET. Baskets are and retail investors. Shares may be calculation,19 risk transparency, and issued as of 12 noon ET, on the business acquired in two (2) ways: (1) Through a receiving and processing orders from day immediately following the purchase deposit of the Cash Deposit Amount Authorized Participants (as defined order date (T+1) at NAV per Share on with the Administrator during normal below), and coordinating the processing the purchase order date if the required business hours by Authorized of orders with the Managing Owner and payment has been timely received. Participants, or (2) through a purchase the Depository Trust Company (‘‘DTC’’). Authorized Participants that have on the Exchange by investors. placed a purchase order to create a VI. Product Description Basket must transfer the Basket Amount B. Net Asset Value A. Creation and Redemption of Shares to the Administrator (the ‘‘Cash Deposit Shortly after 4 p.m. ET each business Issuances of the Shares will be made Amount’’) by 10 a.m. the next day. day, the Administrator will determine only in baskets of 200,000 Shares or Authorized Participants that wish to the NAV for the Fund and Master Fund, multiples thereof (the ‘‘Basket redeem a Basket will be required to utilizing the current day’s settlement Aggregation’’ or ‘‘Basket’’). The Fund accumulate enough Shares to constitute value of the particular commodity a Basket Aggregation (i.e., 200,000 will issue and redeem the Shares on a futures contracts in the Master Fund’s Shares) and, upon surrender of the continuous basis, by or through portfolio and the value of the Master Shares and payment of applicable participants that have entered into Fund’s cash and high-credit quality, redemption transaction fee, taxes or participant agreements (each, an short-term fixed income securities. charges, the Administrator will deliver ‘‘Authorized Participant’’) 20 with the However, if a futures contract on a to the redeeming Authorized Participant Fund and its Managing Owner at the trading day cannot be liquidated due to cash in exchange for each Basket NAV per Share determined shortly after the operation of daily limits or other surrendered in an amount equal to the 4 p.m. Eastern Time (‘‘ET’’) or the last rules of an exchange upon which such NAV per Basket (the ‘‘Cash Redemption to close futures exchanges on which the futures contract is traded, the settlement Amount’’). The Shares will not be Index commodities are traded, individually redeemable but will only price on the most recent trading day on whichever is later, on the business day be redeemable in Basket Aggregations. which the futures contract could have on which an order to purchase the Because orders to purchase Baskets been liquidated will be used in Shares in one or more Baskets is must be placed by 10 a.m. ET, but the determining the Fund’s and the Master received in proper form. Following total payment required to create a Fund’s NAV. Accordingly, for both U.S. issuance, the Shares will be traded on Basket will not be determined until and non-U.S. futures contracts, the the Exchange similar to other equity shortly after 4 p.m. ET, on the date the Administrator will typically use that securities. The Shares will be registered purchase order is properly received, day’s futures settlement price for in book entry form through DTC. Authorized Participants will not know determining NAV. The procedures for creating a Basket the total amount of the payment The NAV for the Fund is total assets are as follows. On any business day, an required to create a Basket at the time of the Master Fund less total liabilities Authorized Participant may place an they submit an irrevocable purchase of the Master Fund. The NAV is order with the Distributor, ALPS order. The Exchange states that this is calculated by including any unrealized Distributors, Inc. (the ‘‘Distributor’’), to similar to exchange-traded funds and profit or loss on futures contracts and create one or more Baskets. Purchase mutual funds. The Fund’s prospectus any other credit or debit accruing to the orders must be placed by 10 a.m. ET and discloses that NAV and the total amount Master Fund but unpaid or not received are irrevocable. By placing a purchase of the payment required to create a by the Master Fund. This preliminary order, and prior to delivery of such Basket could rise or fall substantially NAV is then used to compute all NAV- Basket(s), an Authorized Participant’s between the time an irrevocable based fees (including the management DTC account will be charged the non- purchase order is submitted and the and administrative fees, accrued refundable $500 transaction fee due for time the amount of the purchase order through and including the date of the purchase order, regardless of the is determined. publication) that are calculated from the number of Baskets to be created in On each business day, the value of Master Fund assets. The connection with such order. Administrator will make available Administrator will calculate the NAV The total payment required to create immediately prior to the opening of per Share by dividing the NAV by the a Basket during the continuous offering trading on the Amex, an estimate of the number of Shares outstanding. Then period is the cash amount equal to the Cash Deposit Amount for the creation of once the final, published NAV is NAV per Share times 200,000 Shares a Basket. The Amex will disseminate determined, shortly after 4 p.m. ET each every 15 seconds throughout the trading business day, the Administrator also 19 NAV is the total assets of the Master Fund less day, via the facilities of the total liabilities of the Master Fund, determined on will determine the Basket Amount for the basis of generally accepted accounting Consolidated Tape Association orders placed by Authorized principles. NAV per Master Fund share is the NAV (‘‘CTA’’), an amount representing, on a Participants received by 10 a.m. ET that of the Master Fund divided by the number of per Share basis, the current value (intra- day. outstanding Master Fund shares. This will be the day) of the Basket Amount (the same for the Shares of the Fund because of a one- to-one correlation between the Shares and the ‘‘Indicative Fund Value’’). It is 21 The Shares are separate and distinct from the shares of the Master Fund. anticipated that the deposit of the Cash shares of the Master Fund. The Master Fund’s assets 20 An ‘‘Authorized Participant’’ is a person, who Deposit Amount in exchange for a will consist of long positions in the futures at the time of submitting to the trustee an order to Basket will be made primarily by contracts on the commodities comprising the create or redeem one or more Baskets, (i) is a DBLCI. The Exchange expects that the number of registered broker-dealer, (ii) is a DTC Participant, institutional investors, arbitrageurs, and outstanding Shares will increase and decrease from and (iii) has in effect a valid Participant Agreement the Exchange specialist. Baskets are time to time as a result of creations and with the Fund issuer. then separable upon issuance into redemptions of Baskets.
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Shortly after 4 p.m. ET each business The closing prices and daily calculation of the premium or discount day, the Administrator, Amex, and settlement prices for the futures of such price against such NAV; (d) data Managing Owner will disseminate the contracts held by the Master Fund are in chart form displaying the frequency NAV for the Shares and the Basket publicly available on the Web sites of distribution of discounts and premiums Amount (for orders placed during the the futures exchanges trading the of the Bid-Ask Price against the NAV, day). The NAV and the Basket Amount particular contracts. The particular within appropriate ranges for each of are available to all market participants futures exchange for each futures the four (4) previous calendar quarters; at the same time and will be contract with Web site information is as (e) the prospectus; and (f) other disseminated accordingly. The Basket follows: (i) Aluminum—London Metal applicable quantitative information. Amount and the NAV are Exchange (LME) at http://www.lme.com; As described above, the NAV for the communicated by the Administrator to (ii) corn and wheat—Chicago Board of Fund will be calculated and all Authorized Participants via facsimile Trade (CBOT) at http://www.cbot.com; disseminated daily. The Amex also or electronic mail message and will be and (iii) crude oil, heating oil and intends to disseminate, during Amex publicly available on the Fund’s Web gold—New York Mercantile Exchange trading hours, for the Fund on a daily site at http://www.dbcfund.db.com. The (NYMEX) at http://www.nymex.com. basis by means of CTA/CQ High Speed Amex will also publicly disclose via its The Exchange on its Web site at http:// Lines information with respect to the Web site at http://www.amex.com the www.amex.com will include a Indicative Fund Value (as discussed NAV and Basket Amount (for orders hyperlink to the Index Sponsor’s Web below), recent NAV, and Shares placed that day). The Exchange also will site at https://index.db.com, which will outstanding. The Exchange will also disseminate the Basket Amount by contain hyperlinks to each of the futures make available on its Web site daily means of CTA/CQ High Speed Lines. exchanges Web sites for the purpose of trading volume, closing prices, and the The Exchange stated that it believes disclosing futures contract pricing. In NAV. that the Shares will not trade at a addition, various data vendors and news material discount or premium to NAV publications publish futures prices and E. Dissemination of Indicative Fund due to potential arbitrage opportunities data. The Exchange has represented that Value in the event of any discrepancy between futures quotes and last sale information As noted above, the Administrator the two. Due to the fact that the Shares for the commodities underlying the calculates the NAV of the Fund once can be created and redeemed daily only Index are widely disseminated through each trading day. In addition, the in Basket Aggregations at NAV by a variety of market data vendors Administrator causes to be made Authorized Participants, the Exchange worldwide, including Bloomberg and available on a daily basis the Cash submitted that arbitrage opportunities Reuters. In addition, the Exchange has Deposit Amount to be deposited in should provide a mechanism to represented that complete real-time data connection with the issuance of the diminish the effect of any premiums or for such futures is available by Shares in Basket Aggregations. In discounts that may exist from time to subscription from Reuters and addition, other investors can request time. Bloomberg. The CBOT, LME, and such information directly from the NYMEX also provide delayed futures Administrator. C. Dissemination of the Index and information on current and past trading In order to provide updated Underlying Futures Contracts sessions and market news free of charge information relating to the Fund for use Information on their respective Web sites. The by investors, professionals, and persons, DB London as the Sponsor of the specific contract specifications for the the Exchange will disseminate through Index will publish the value of the futures contracts are also available from the facilities of CTA an updated Index at least every fifteen (15) seconds the futures exchanges on their Web sites Indicative Fund Value. The Indicative during Amex trading hours through as well as other financial informational Fund Value will be disseminated on a Bloomberg, Reuters, and other market sources. per Share basis at least every 15 seconds data vendors. In addition, the Index D. Availability of Information Regarding from 9:30 a.m. to 4:15 p.m. ET.25 The value will be available on the DB the Shares Indicative Fund Value will be London (Sponsor) Web site at https:// calculated based on the cash required The Web site for the Fund (http:// index.db.com and Fund’s Web site at for creations and redemptions (i.e., NAV http://www.dbcfund.db.com on a twenty www.dbcfund.db.com), which will be × publicly accessible at no charge, will 200,000) adjusted to reflect the price (20) minute delayed basis.22 The closing contain the following information: (a) changes of the Index commodities Index level will similarly be provided The prior business day’s NAV and the through investments held by the Master by DB London and the Fund. In reported closing price; (b) the mid-point Fund, i.e., futures contracts. addition, any adjustments or changes to of the bid-ask price 24 in relation to the The Indicative Fund Value will not the Index will also be provided by DB NAV as of the time the NAV is reflect price changes to the price of an London and the Fund on their calculated (the ‘‘Bid-Ask Price’’); (c) underlying commodity between the respective Web sites.23 close of trading of the futures contract Index Sponsor, including but not limited to the at the relevant futures exchange and the 22 Amex will provide a hyperlink from its Web Managing Owner, sales and trading, external or close of trading on the Amex at 4:15 site to the Fund’s Web site (http:// internal fund managers, and bank personnel who p.m. ET. The value of a Share may www.dbcfund.db.com) and the DB London Web site are involved in hedging the bank’s exposure to (https://index.db.com). Telephone conversation instruments linked to the Index, in order to prevent accordingly be influenced by non- between Jeffrey Burns, Associate General Counsel, the improper sharing of information relating to the concurrent trading hours between the Amex, and Florence Harmon, Senior Special recomposition of the Index. The index is not Amex and the various futures exchanges Counsel, Division of Market Regulation, calculated by a broker-dealer. Telephone on which the futures contracts based on Commission, on January 11, 2006. conversation between Jeffrey Burns, Associate 23 The Index Sponsor has in place procedures to General Counsel, Amex, and Florence Harmon, the Index commodities are traded. prevent the improper sharing of information Senior Special Counsel, Division of Market between different affiliates and departments. Regulation, Commission, on January 11, 2006. 25 Telephone conversation between Jeffrey Burns, Specifically, an information barrier exists between 24 The bid-ask price of Shares is determined using Associate General Counsel, Amex, and Kate the personnel within DB London that calculate and the highest bid and lowest offer as of the time of Robbins, Attorney, Division of Market Regulation, reconstitute the Index and other personnel of the calculation of the NAV. Commission, on November 28, 2005.
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While the Shares will trade on the for each of the Index commodities Amex from 9:30 a.m. to 4:15 p.m. ET, underlying the futures contracts. the table below lists the trading hours
Index commodity Futures exchange Trading hours (ET)
Aluminum ...... LME ...... 6:55 a.m.–12:00 p.m. Gold ...... COMEX ...... 8:20 a.m.–1:30 p.m. Crude Oil ...... NYMEX ...... 10:00 a.m.–2:30 p.m. Heating Oil ...... NYMEX ...... 10:05 a.m.–2:30 p.m. Corn ...... CBOT ...... 10:30 a.m.–2:15 p.m. Wheat ...... CBOT ...... 10:30 a.m.–2:15 p.m.
While the market for futures trading • The Indicative Fund Value is no VIII. Trading Rules for each of the Index commodities is longer made available on at least a 15- The Shares are equity securities second basis. open, the Indicative Fund Value can be subject to Amex Rules governing the • If such other event shall occur or expected to closely approximate the trading of equity securities, including, condition exists which in the opinion of value per Share of the Basket Amount. among others, rules governing priority, However, during Amex trading hours the Exchange makes further dealings on the Exchange inadvisable. parity and precedence of orders, when the futures contracts have ceased specialist responsibilities and account trading, spreads and resulting premiums It is anticipated that a minimum of 2,000,000 Shares will be required to be opening and customer suitability (Amex or discounts may widen, and therefore, Rule 411). Initial equity margin increase the difference between the outstanding at the start of trading. It is anticipated that the initial price of a requirements of 50% will apply to price of the Shares and the NAV of the transactions in the Shares. Shares will Shares. Indicative Fund Value on a per Share will be approximately $25. The Fund expects to accept subscriptions for trade on the Amex until 4:15 p.m. ET Share basis disseminated during Amex each business day 28 and will trade in a trading hours should not be viewed as Shares in Basket Aggregations (i.e., $5 million) from Authorized Participants minimum price variation of $0.01 a real time update of the NAV, which is pursuant to Amex Rule 127. Trading calculated only once a day. during an initial offering period with a finite term of approximately six (6) rules pertaining to odd-lot trading in The Exchange stated that it believes months, subject to earlier termination. Amex equities (Amex Rule 205) will that dissemination of the Indicative After the initial offering period has also apply. Fund Value based on the cash amount closed and trading commences, the The Amex original listing fee required for a Basket Aggregation Fund will then issue Shares in the applicable to the listing of the Fund is provides additional information that is normal Basket Aggregations of 200,000 $5,000. In addition, the annual listing not otherwise available to the public Shares to Authorized Participants. Once fee applicable under Section 141 of the and is useful to professionals and the initial offering period has closed and Amex Company Guide will be based investors in connection with the Shares trading commences, the Master Fund upon the year-end aggregate number of trading on the Exchange or the creation will issue shares in Master Fund Baskets Shares in all series of the Fund or redemption of the Shares. (200,000 shares) to the Fund outstanding at the end of each calendar VII. Criteria for Initial and Continued continuously at NAV. The Master Fund year. Listing will be owned by the Fund and the Amex Rule 154, Commentary .04(c) Managing Owner.26 Each Share issued provides that stop and stop limit orders The Fund will be subject to the by the Fund will correlate with a Master to buy or sell a security (other than an criteria in proposed Commentary .07(d) Fund share issued by the Master Fund option, which is covered by Amex Rule of Amex Rule 1202 for initial and and held by the Fund. The Exchange 950(f) and Commentary thereto) the continued listing of the Shares. The stated that it believes that the price of which is derivatively based proposed continued listing criteria anticipated minimum number of Shares upon another security or index of provides for the delisting or removal outstanding at the start of trading is securities, may with the prior approval from listing of the Shares under any of sufficient to provide adequate market of a Floor Official, be elected by a the following circumstances: liquidity and to further the Fund’s quotation, as set forth in Commentary • Following the initial twelve month objective to seek to provide a simple .04(c)(i–v). The Exchange has period from the date of commencement and cost effective means of accessing designated the Shares as eligible for this of trading of the Shares: (i) If the Fund the commodity futures markets. treatment.29 has more than 60 days remaining until The Exchange has represented that it termination and there are fewer than 50 prohibits the initial and/or continued assets on behalf of or for the benefit of the holders record and/or beneficial holders of the listing of any security that is not in of the listed securities). Shares for 30 or more consecutive compliance with Rule 10A–3 under the 28 Commentary .01, .02, and .03 to Exchange Rule 27 1200 are applicable to transactions in the Shares, trading days; (ii) if the Fund has fewer Exchange Act. however, the Shares will trade from 9:30 a.m. to than 50,000 Shares issued and 4:15 p.m. each business day. Telephone outstanding; or (iii) if the market value 26 The Managing Owner will own 1% or less of conversation between Jeffrey Burns, Associate of all Shares is less than $1,000,000. the Master Fund and will share pro rata in the General Counsel, Amex, and Florence Harmon, • income and expenses of the Master Fund. Senior Special Counsel, Division of Market If the value of the underlying index 27 See Rule 10A–3(c)(7), 17 CFR 240.10A–3(c)(7) Regulation, Commission, on January 11, 2006. or portfolio is no longer calculated or (stating that a listed issuer is not subject to the 29 See Securities Exchange Act Release No. 29063 available on at least a 15-second basis requirements of Rule 10A–3 if the issuer is (April 10, 1991), 56 FR 15652 (April 17, 1991) at organized as a trust or other unincorporated note 9, regarding the Exchange’s designation of through one or more major market data association that does not have a board of directors equity derivative securities as eligible for such vendors during the time the Shares and the activities of the issuer are limited to treatment under Amex Rule 154, Commentary trade on the Exchange. passively owning or holding securities or other .04(c).
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The Shares will be deemed ‘‘Eligible therewith, may act in a market making X. Suitability Securities,’’ as defined in Amex Rule capacity, other than as a specialist in the The Information Circular (described 230, for purposes of the Intermarket Shares on another market center, in the below) will inform members and Trading System Plan and therefore will underlying asset or commodity, related member organizations of the be subject to the trade through futures or options on futures, or any characteristics of the Fund and of provisions of Amex Rule 236 which other related derivatives. applicable Exchange rules, as well as of require that Amex members avoid Adoption of Commentary .07(g) to the requirements of Amex Rule 411 initiating trade-throughs for ITS Amex Rule 1202 will also ensure that (Duty to Know and Approve securities. specialists handling the Shares provide Customers). Specialist transactions of the Shares the Exchange with all the necessary The Exchange noted that pursuant to made in connection with the creation information relating to their trading in Amex Rule 411, members and member and redemption of Shares will not be physical assets or commodities, related organizations are required in connection subject to the prohibitions of Amex Rule futures contracts and options thereon or with recommending transactions in the 190.30 Unless exemptive or no-action any other derivative. As a general Shares to have a reasonable basis to relief is available, the Shares will be matter, the Exchange has regulatory believe that a customer is suitable for subject to the short sale rule, Rule 10a- jurisdiction over its members, member the particular investment given 1 and Regulation SHO under the Act.31 organizations, and approved persons of reasonable inquiry concerning the If exemptive or no-action relief is a member organization. The Exchange customer’s investment objectives, provided, the Exchange will issue a also has regulatory jurisdiction over any financial situation, needs, and any other notice detailing the terms of the person or entity controlling a member information known by such member. exemption or relief. The Shares will organization, as well as a subsidiary or generally be subject to the Exchange’s affiliate of a member organization that is XI. Information Circular stabilization rule, Amex Rule 170, in the securities business. A subsidiary The Amex will distribute an except that specialists may buy on ‘‘plus or affiliate of a member organization Information Circular to its members in ticks’’ and sell on ‘‘minus ticks,’’ in that does business only in commodities connection with the trading of the order to bring the Shares into parity or futures contracts would not be Shares. The Information Circular will with the underlying commodity or subject to Exchange jurisdiction, but the inform members and member commodities and/or futures contract Exchange could obtain information organizations, prior to commencement price. Proposed Commentary .07(f) to regarding the activities of such of trading, of the prospectus delivery Amex Rule 1202 sets forth this limited subsidiary or affiliate through requirements applicable to the Fund. exception to Amex Rule 170 to bring the surveillance sharing agreements with The Exchange noted that investors Shares into parity with the underlying regulatory organizations of which such purchasing Shares directly from the Index. subsidiary or affiliate is a member. Fund (by delivery of the Cash Deposit The adoption of Commentary .07(e) to IX. Trading Halts Amount) will receive a prospectus. Amex Rule 1202 relating to certain Amex members purchasing Shares from Prior to the commencement of specialist prohibitions will address the Fund for resale to investors will trading, the Exchange will issue an potential conflicts of interest in deliver a prospectus to such investors. Information Circular (described below) connection with acting as a specialist in The Information Circular also will to members informing them of, among the Shares. Specifically, Commentary discuss the special characteristics and other things, Exchange policies .07(e) provides that the prohibitions in risks of trading this type of security. regarding trading halts in the Shares. Amex Rule 175(c) apply to a specialist Specifically, the Information Circular, First, the circular will advise that in the Shares so that the specialist or among other things, will discuss what trading will be halted in the event the affiliated person may not act or function the Shares are, how a Basket is created market volatility trading halt parameters as a market maker in an underlying and redeemed, the requirement that set forth in Amex Rule 117 have been asset, related futures contract or option members and member firms deliver a reached. Second, the circular will or any other related derivative. An prospectus to investors purchasing the advise that, in addition to the affiliated person of the specialist Shares prior to or concurrently with the parameters set forth in Amex Rule 117, consistent with Amex Rule 193 may be confirmation of a transaction, applicable the Exchange will halt trading in the Amex rules, dissemination of afforded an exemption to act in a market Shares if trading in the underlying information regarding the per Share making capacity, other than as a related futures contract(s) is halted or Indicative Fund Value, trading specialist in the Shares on another suspended. Third, with respect to a halt information and applicable suitability market center, in the underlying asset, in trading that is not specified above, rules. The Information Circular will also related futures or options or any other the Exchange may also consider other explain that the Fund is subject to related derivative. In particular, relevant factors and the existence of various fees and expenses described in proposed Commentary .07(e) provides unusual conditions or circumstances the registration statement. that an approved person of an equity that may be detrimental to the The Information Circular will also specialist that has established and maintenance of a fair and orderly reference the fact that there is no obtained Exchange approval for market. Additionally, the Exchange has regulated source of last sale information procedures restricting the flow of represented that it will cease trading the regarding physical commodities and material, non-public market information Shares if the conditions in Commentary that the SEC has no jurisdiction over the between itself and the specialist .07(d)(2)(ii) or (iii) to Amex Rule 1202 trading of physical commodities such as member organization, and any member, exist (i.e., if there is a halt or disruption officer, or employee associated in the dissemination of the Indicative Exchange would immediately contact the Commission to discuss measures that may be 30 See Commentary .05 to Amex Rule 190. Fund Value and/or underlying Index 32 appropriate under the circumstances. Telephone 31 The Fund expects to seek relief, in the near value). conversation between Jeffrey Burns, Associate future, from the Commission in connection with the General Counsel, Amex, and Florence Harmon, trading of the Shares from the operation of certain 32 In the event the Index value or Indicative Fund Senior Special Counsel, Division of Market Exchange Act Rules. Value is no longer calculated or disseminated, the Regulation, Commission, on November 22, 2005.
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aluminum, gold, crude oil, heating oil, Commission finds that the proposed rules and regulations; and (ii) Exchange corn and wheat, or the futures contracts rule change, as amended, is consistent surveillance procedures applicable to on which the value of the Shares is with the requirements of Section 6(b)(5) trading in the proposed Shares will be based. of the Act,34 which requires, among similar to those applicable to TIRs, The Information Circular will also other things, that the Exchange’s rules Portfolio Depository Receipts and Index notify members and member be designed to promote just and Fund Shares currently trading on the organizations about the procedures for equitable principles of trade, to remove Exchange. Accordingly, the Commission purchases and redemptions of Shares in impediments to and perfect the believes that the Amex can adequately Baskets and that Shares are not mechanism of a free and open market surveil trading in the Shares. individually redeemable but are and a national market system and, in redeemable only in Basket-size general, to protect investors and the B. Dissemination of Information aggregations or multiples thereof. The public interest. The Commission believes that Information Circular will also discuss A. Surveillance sufficient venues for obtaining reliable any relief, if granted, by the Commission futures contract price information exist or the staff from any rules under the Information sharing agreements with so that investors in the Shares can Act. primary markets trading index monitor the underlying futures contract The Information Circular will disclose components underlying a derivative markets relative to the NAV of their that the NAV for Shares will be product are an important part of a self- Shares. There is a considerable amount calculated shortly after 4 p.m. ET each regulatory organization’s ability to of futures contract price and market trading day and that other information monitor for trading abuses in derivative information available through public will be publicly available about the products. The Commission believes that Web sites and professional subscription Shares and underlying Index. the Exchange’s Information Sharing services, including Bloomberg and Agreement with the NYMEX and the XII. Surveillance Reuters. In addition, the futures CBOT and the Exchange’s Memorandum exchanges for the futures contracts held The Exchange has represented that its of Understanding with the LME, along by the Master Fund each have their own surveillance procedures are adequate to with the Exchange’s participation in the monitor Exchange trading of the Shares Web sites, which will be able to be ISG, in which the CBOT participates, reached directly from hyperlinks on the and to detect violations of applicable and Commentaries .07(e), (g)(1), (g)(2) rules and regulations. Exchange Index Sponsor’s Web site (https:// and (g)(3) to Amex Rule 1202, create the index.db.com). surveillance procedures applicable to basis for the Amex to monitor for trading in the proposed Shares will be fraudulent and manipulative practices The Commission notes that similar to those applicable to TIRs, in the trading of the Shares. information about the Index is also Portfolio Depository Receipts and Index In particular, Commentaries .07(g)(1) widely available. The Index Sponsor, Fund Shares currently trading on the and (g)(2) to Amex Rule 1202 require DB London, will publish the value of Exchange. The Exchange currently has that the specialist handling the Shares the Index at least every 15 seconds in place an Information Sharing provide the Exchange with information during Amex trading hours through Agreement with the NYMEX and the relating to its trading in the Shares and Bloomberg, Reuters, and other market CBOT for the purpose of providing the accounts of the member organization data vendors, and the Fund’s Web site information in connection with trading acting as specialist, member (http://www.dbcfund.db.com) and the in or related to futures contracts traded organization, or approved person of Index Sponsor’s Web site (https:// on the NYMEX and CBOT, respectively. such member organization in the Index index.db.com) will publish the value of The Exchange also noted that the CBOT components, related futures or options the Index on a 20 minute delayed basis. is a member of the Intermarket on futures, or any other related The Commission further notes that Surveillance Group (‘‘ISG’’). As a result, derivatives. Commentary .07(g)(3) to information about the Shares will also the Exchange has asserted that market Amex Rule 1202 also prohibits the be widely available. The Exchange will surveillance information is available specialist in the Shares from using any disseminate via the CTA/CQ High from the CBOT, if necessary, due to material nonpublic information received Speed Lines the NAV, Basket Amount, regulatory concerns that may arise in from any person associated with a Shares outstanding and the Indicative connection with the CBOT futures. In member, member organization or Fund Value, which will be disseminated addition, the Exchange has negotiated a employee of such person regarding every 15 seconds during Amex trading Memorandum of Understanding with trading by such person or employee in hours, and will display the NAV, Basket the LME for the purpose of providing the Index commodities, related futures Amount, daily trading volume and information in connection with the or options on futures, or any other closing prices on the Exchange’s Web trading in or related to futures contracts related derivatives. In addition, site (http://www.amex.com). In traded on the LME. Commentary .07(e) to Amex Rule 1202 addition, the NAV and Basket Amount XIII. Discussion and Commission’s prohibits the specialist in the Shares will be available on the Fund’s Web site Findings from being affiliated with a market (http://www.dbcfund.db.com). As maker in the Index commodities, related described in detail above, the Fund’s After careful consideration, the futures or options on futures, or any Web site, which will be publicly Commission finds that the proposed other related derivatives, unless accessible at no charge, will contain rule change, as amended, is consistent information barriers are in place that useful information, including a copy of with the requirements of the Act and the satisfy the requirements of Amex Rule the prospectus. The Commission rules and regulations thereunder 193. Furthermore, as noted above, the believes that the wide availability of applicable to a national securities Exchange has represented that: (i) its information about the underlying 33 exchange. In particular, the surveillance procedures are adequate to futures contracts, the Index and the monitor Exchange trading of the Shares Shares will facilitate transparency with 33 In approving this proposed rule change, the respect to the proposed Shares and Commission notes that it has cnsidered the and to detect violations of applicable proposed rule’s impact on efficiency, competition, diminish the risk of manipulation or and capital formation. See 15 U.S.C. 78(c)(f). 34 15 U.S.C. 78(f)(b)(5). unfair informational advantage.
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C. Listing and Trading In Amendment No. 3, the Exchange Commission, and all written The Commission finds that the made clarifying changes to the purpose communications relating to the Exchange’s proposed rules and section regarding adjustments to the proposed rule change between the procedures for the listing and trading of Index, specifically indicating the Index Commission and any person, other than the proposed Shares are consistent with Sponsor will use the prior day’s futures those that may be withheld from the the Act. Shares will trade as equity price or, in exceptional cases, the ‘‘fair public in accordance with the securities subject to Amex rules value’’ price if futures prices are not provisions of 5 U.S.C. 552, will be including, among others, rules available. In addition, the Exchange available for inspection and copying in governing priority, parity and stated that it would submit a rule filing the Commission’s Public Reference precedence of orders, specialist pursuant to Section 19(b) of the Room. Copies of such filing also will be responsibilities, account opening and Exchange Act if the use of a prior day’s available for inspection and copying at customer suitability requirements. The price or ‘‘fair value’’ pricing for an Index the principal office of the Amex. All Commission believes that the listing and commodity or commodities is more than comments received will be posted delisting criteria for the Shares should of a temporary nature or if a successor without change; the Commission does help to maintain a minimum level of or substitute Index is used by the not edit personal identifying liquidity and therefore minimize the Managing Owner. Amendment No. 4 information from submissions. You potential for manipulation of the Shares. clarifies that the Index value will be should submit only information that Finally, the Commission notes that the disseminated through one or more major you wish to make available publicly. All Information Circular the Exchange will market data vendors at least every 15 submissions should refer to File distribute will inform members and seconds during the time the Shares Number SR–Amex–2005–059 and member organizations about the terms, trade on Amex. The Commission notes should be submitted on or before characteristics and risks in trading the that the changes contained in February 9, 2006. Amendment Nos. 3 and 4 are necessary Shares, including their prospectus XV. Conclusion delivery obligations. to clarify the proposal. Accordingly, the Commission finds good cause, It is therefore ordered, pursuant to D. Accelerated Approval of the consistent with Section 19(b)(2) of the Section 19(b)(2) of the Act that the Proposed Rule Change, as Amended by Act,37 to approve Amendment Nos. 3 proposed rule change (SR–Amex–2005– Amendment Nos. 1 and 2 Thereto, and and 4 on an accelerated basis. 059), as amended by Amendment Nos. Accelerated Approval of Amendment XIV. Solicitation of Comments 1 and 2, is approved on an accelerated Nos. 3 and 4 Thereto basis and that Amendment Nos. 3 and The Commission finds good cause for Interested persons are invited to 4 thereto are approved on an accelerated approving the proposed rule change, as submit written data, views, and basis. amended by Amendment Nos. 1 and 2, arguments concerning the foregoing, including whether Amendment Nos. 3 For the Commission, by the Division of prior to the 30th day after the date of Market Regulation, pursuant to delegated publication of the notice of filing thereof and 4 are consistent with the Act. authority.38 in the Federal Register. The Exchange Comments may be submitted by any of has requested the Commission to the following methods: Nancy M. Morris, Secretary. approve the proposal, as amended by Electronic Comments Amendment Nos. 1 and 2, on an [FR Doc. E6–515 Filed 1–18–06; 8:45 am] • Use the Commission’s Internet accelerated basis, after a 15-day BILLING CODE 8010–01–P comment period, to enable investors to comment form (http://www.sec.gov/ rules/sro.shtml); or begin trading the Shares promptly. The • Commission notes that the proposed Send an e-mail to rule- SECURITIES AND EXCHANGE rule change, as amended by [email protected]. Please include File COMMISSION Amendment Nos. 1 and 2, was noticed Number SR–Amex–2005–059 on the subject line. [Release No. 34–53102; File No. SR–BSE– for a 15-day comment period and no 2005–48] comments were received. Therefore, the Paper Comments Commission finds good cause, • Send paper comments in triplicate Self-Regulatory Organizations; Boston consistent with Section 19(b)(2) of the to Nancy M. Morris, Secretary, Stock Exchange, Inc.; Order Granting Act,35 to approve the proposal, as Securities and Exchange Commission, Approval of a Proposed Rule Change amended by Amendment Nos. 1 and 2, 100 F Street, NE., Washington, DC and Amendment No. 1 Thereto on an accelerated basis. 20549–9303. Requiring Exchange Members To The Commission finds good cause for Provide Electronic Mail Addresses to All submissions should refer to File approving Amendment Nos. 3 and 4 to the Exchange the proposed rule change prior to the Number SR–Amex–2005–059. This file 30th day after the date of publication of number should be included on the January 11, 2006. the notice of filing thereof in the subject line if e-mail is used. To help the On October 28, 2005, the Boston Federal Register. The Exchange has Commission process and review your Stock Exchange, Inc. (‘‘BSE’’ or requested the Commission to approve comments more efficiently, please use ‘‘Exchange’’) filed with the Securities Amendment Nos. 3 and 4 36 on an only one method. The Commission will and Exchange Commission accelerated basis so that approval of the post all comments on the Commission’s (‘‘Commission’’), pursuant to Section proposal is not unnecessarily delayed. Internet Web site (http://www.sec.gov/ 19(b)(1) of the Securities Exchange Act rules/sro.shtml). Copies of the of 1934 (‘‘Act’’) 1 and Rule 19b–4 35 15 U.S.C. 78s(b)(2). submission, all subsequent thereunder,2 a proposed rule change to 36 Telephone conversation between Jeffrey Burns, amendments, all written statements require its members to provide Associate General Counsel, Amex, and Florence with respect to the proposed rule Harmon, Senior Special Counsel, Division of 38 Market Regulation, Commission, on January 11, change that are filed with the 17 CFR 200.30–3(a)(12). 2006 (requested accelerated approval of 1 15 U.S.C. 78s(b)(1). Amendment No. 4). 37 Id. 2 17 CFR 240.19b–4.
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electronic mail addresses to the proposed rule change (SR–BSE–2005– office of the Exchange, and at the Exchange. On November 23, 2005, the 48), as amended, is approved. Commission’s Public Reference Room. Exchange filed Amendment No. 1 to the For the Commission, by the Division of The text of the proposed rule change is proposed rule change.3 The proposed Market Regulation, pursuant to delegated also set forth below. Proposed new rule change, as amended, was published authority.9 language is italicized; deletions are in for comment in the Federal Register on Nancy M. Morris, [brackets]. December 12, 2005.4 The Commission Secretary. Rule 6.45A. Priority and Allocation of received no comments on the proposal. [FR Doc. E6–516 Filed 1–18–06; 8:45 am] Equity Option Trades on the CBOE This order approves the proposed rule BILLING CODE 8010–01–P Hybrid System change, as amended. Proposed Section 1(o) of Chapter XXV * * * * * (a) Allocation of Incoming Electronic of BSE’s rules provides that every SECURITIES AND EXCHANGE Orders: [The Exchange shall apply, for member and member organization shall COMMISSION designate one or more electronic mail each class of options, the following addresses for the purpose of receiving [Release No. 34–53101; File No. SR–CBOE– rules of trading priority.] The Exchange notices and communications 2006–03] appropriate Exchange procedures and shall promptly update those committee will determine to apply, for Self-Regulatory Organizations; each class of options, one of the electronic mail addresses when those Chicago Board Options Exchange, addresses change or are no longer valid. following rules of trading priority Incorporated; Notice of Filing and described in paragraphs (i) or (ii). The In addition, proposed Section 1(o) of Immediate Effectiveness of Proposed Chapter XXV provides that an Exchange will issue a Regulatory Rule Change To Expand the Matching Circular periodically specifying which authorized representative of the Algorithm Possibilities for Equity Exchange may elect to transmit notices priority rules will govern which classes Options To Match Those Available for of options any time the appropriate or other communications to members Index Options and member organizations Exchange committee changes the electronically, but that nothing in January 11, 2006. priority. Section 1(o) of Chapter XXV shall be Pursuant to section 19(b)(1) of the (i) Ultimate Matching Algorithm construed to supersede or modify either Securities Exchange Act of 1934 (‘‘UMA’’): No change. the method for service of process or (‘‘Act’’),1 and Rule 19b–4 thereunder,2 (A) Priority of Orders in the Electronic other materials in any disciplinary notice is hereby given that on January 9, Book—No Change. (ii) Price-Time or Pro-Rata Priority proceeding or any other provisions of 2006, the Chicago Board Options Price-Time Priority: Under this the Exchange rules setting out a specific Exchange, Incorporated (‘‘CBOE’’ or method, resting quotes and orders in the method for the receipt of information ‘‘Exchange’’), filed with the Securities book are prioritized according to price from the Exchange. and Exchange Commission and time. If there are two or more quotes The Commission finds that the (‘‘Commission’’) the proposed rule or orders at the best price then priority proposed rule change is consistent with change as described in Items I and II is afforded among these quotes or orders the requirements of the Act and the below, which Items have been prepared in the order in which they were received rules and regulations thereunder by the CBOE. The Exchange has filed by the Hybrid System; or applicable to a national securities the proposal pursuant to section Pro-Rata Priority: Under this method, 5 3 exchange. The Commission believes 19(b)(3)(A) of the Act and Rule 19b– resting quotes and orders in the book 4 that the proposed rule change, as 4(f)(6) thereunder, which renders the are prioritized according to price. If amended, is consistent with Section 6(b) proposal effective upon filing with the there are two or more quotes or orders 6 of the Act, in general, and furthers the Commission. The Commission is at the best price then trades are 7 objectives of Section 6(b)(5) of the Act, publishing this notice to solicit allocated proportionally according to in particular, in that it promotes just comments on the proposed rule change size (in a pro-rata fashion). The and equitable principles of trade, serves from interested persons. executable quantity is allocated to the to remove impediments to and perfect I. Self-Regulatory Organization’s nearest whole number, with fractions 1⁄2 the mechanism of a free and open Statement of the Terms of Substance of or greater rounded up and fractions less market and a national market system, the Proposed Rule Change than 1⁄2 rounded down. If there are two and protects investors and the public market participants that both are interest by allowing the Exchange to The Exchange proposes to expand the entitled to an additional 1⁄2 contract and matching algorithm possibilities for take advantage of available technology there is only one contract remaining to equity options to match those available to communicate with its members in an be distributed, the additional contract for index options. The Exchange has efficient and cost-effective manner. will be distributed to the market designated this proposal as non- It is therefore ordered, pursuant to participant whose quote or order has 8 controversial and has requested that the Section 19(b)(2) of the Act, that the time priority. Commission waive the 30-day pre- Additional Priority Overlays 3 operative waiting period contained in In Amendment No. 1, BSE made clarifying Applicable to Price-Time or Pro-Rata Rule 19b–4(f)(6)(iii) under the Act.5 changes to its statement of purpose for the proposed Priority Methods rule change. The text of the proposed rule change 4 Securities Exchange Act Release No. 52895 In addition to the base allocation is available on the Exchange’s Web site methodologies set forth above, the (December 5, 2005), 70 FR 73490 (December 12, (http://www.cboe.com), at the principal 2005) (SR–BSE–2005–48). appropriate Exchange procedures 5 In approving this proposal, the Commission has committee may determine to apply, on 9 17 CFR 200.30–3(a)(12). considered the proposed rule’s impact on a class-by-class basis, one or more of the efficiency, competition, and capital formation. See 1 15 U.S.C. 78s(b)(1). 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. following designated market participant 6 15 U.S.C. 78f(b). 3 15 U.S.C. 78s(b)(3)(A). overlay priorities in a sequence 7 15 U.S.C. 78f(b)(5). 4 17 CFR 240.19b–4(f)(6). determined by the appropriate 8 15 U.S.C. 78s(b)(2). 5 17 CFR 240.19b–4(f)(6)(iii). Exchange procedures committee. The
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Exchange will issue a Regulatory continuously in the market until the comprising the ‘‘book market Circular periodically which will specify particular order (quote) trades. There participant’’ in accordance with the which classes of options are subject to may be a Market Turner for each price Allocation Algorithm formula in effect these additional priorities as well as any at which a particular order trades. pursuant to Rule 6.45A(a) [described in time the appropriate Exchange When this priority overlay is in effect, paragraph 6.45A(a)(i)(B)]. procedures committee changes these the Market Turner has priority at the (ii)–(iv) No change. priorities. highest bid or lowest offer that he (c)–(e) No change. (1) Public Customer: When this established. The Market Turner priority * * * Interpretations and Policies: priority overlay is in effect, the highest at a given price remains with the order .01–.02 No change. bid and lowest offer shall have priority (quote) once it is earned. For example, * * * * * except that public customer orders shall if the market moves in the same have priority over non-public customer direction as the direction in which the Rule 6.45B Priority and Allocation of orders at the same price. If there are two order from the Market Turner moved the Trades in Index Options and Options or more public customer orders for the market, and then the market moves on ETFs on the CBOE Hybrid System same options series at the same price, back to the Market Turner’s original * * * * * priority shall be afforded to such public price, then the Market Turner retains (a) No change. customer orders in the sequence in priority at the original price. Market (b) Allocation of Orders Represented which they are received by the System, Turner priority cannot be established in Open Outcry: The allocation of orders even if the Pro-Rata Priority allocation until after the opening print and/or the that are represented in the trading method is the chosen allocation conclusion of the opening rotation and, crowd by floor brokers or PAR Officials method. For purposes of this Rule, a once established, shall remain in effect shall be as described below in Public Customer order is an order for an until the conclusion of the trading subparagraphs (b)(i) and (b)(ii). With account in which no member, non- session. respect to subparagraph (b)(ii), the floor member participant in a joint-venture The appropriate Exchange procedures broker or PAR Official representing the with a member, or non-member broker- committee may determine, on a class- order shall determine the sequence in dealer (including a foreign broker- by-class basis, to reduce the Market which bids (offers) are made. dealer) has an interest. Turner priority to a percentage of each (i) Priority of Orders in the Electronic (2) Participation Entitlement: The inbound order that is executable against Book. appropriate Exchange procedures the Market Turner. In such cases, the (A) Public Customer Orders: No committee may determine to grant Market Turner may participate in the change. Market-Makers participation balance of an order, pursuant to the (B) Broker-dealer Orders: If pursuant entitlements pursuant to the provisions allocation procedure in effect, after the to Rule 7.4(a) the appropriate Exchange of Rules 8.87, 8.13, or 8.15B. In Market Turner priority has been procedures committee determines to allocating the participation entitlement, applied. To the extent the Market allow broker-dealer orders to be placed all of the following shall apply: Turner order (quote) is not fully in the electronic book, then for purposes (A) To be entitled to their exhausted, it shall retain Market Turner of this rule, the cumulative number of participation entitlement, the Market- priority for subsequent inbound orders broker-dealer orders in the electronic Maker’s order and/or quote must be at until the conclusion of the trading book at the best price shall be deemed the best price on the Exchange. session. (B) The Market-Maker may not be (b) Allocation of Orders Represented one ‘‘book market participant’’ allocated a total quantity greater than in Open Outcry: The allocation of orders regardless of the number of broker- the quantity that it is quoting (including that are represented in open outcry by dealer orders in the book. The allocation orders not part of quotes) at that price. floor brokers or PAR Officials shall be due the broker-dealer orders in the If Pro-Rata Priority is in effect, and as described below in subparagraphs electronic book by virtue of their being Market-Maker’s allocation of an order (b)(i) and (b)(ii). With respect to deemed a ‘‘book market participant’’ pursuant to its participation entitlement subparagraph (b)(ii), the floor broker or shall be in accordance with paragraph is greater than its percentage share of PAR Official representing the order (ii) below and shall be distributed quotes/orders at the best price at the shall determine the sequence in which among each broker-dealer order time that the participation entitlement bids (offers) are made. comprising the ‘‘book market is granted, the Market-Maker shall not (i) Priority of Orders in the Electronic participant’’ in accordance with the receive any further allocation of that Book. Allocation Algorithm formula in effect order. (A) Public Customer Orders: No pursuant to Rule 6.45B(a) [described in (C) In establishing the counterparties change. paragraph 6.45B(a)(ii)(B)]. to a particular trade, the participation (B) Broker-dealer Orders: If pursuant (ii)–(iii) No change. entitlement must first be counted to Rule 7.4(a) the appropriate FPC (c)–(d) No change. against that Market-Maker’s highest determines to allow broker-dealer orders * * * Interpretations and Policies: priority bids or offers. to be placed in the electronic book, then .01–.02 No change. (D) The participation entitlement for purposes of this rule, the cumulative shall not be in effect unless the Public number of broker-dealer orders in the II. Self-Regulatory Organization’s Customer priority is in effect in a electronic book at the best price shall be Statement of the Purpose of, and priority sequence ahead of the deemed one ‘‘book market participant’’ Statutory Basis for, the Proposed Rule participation entitlement and then the regardless of the number of broker- Change participation entitlement shall only dealer orders in the book. The allocation In its filing with the Commission, the apply to any remaining balance. due the broker-dealer orders in the Exchange included statements (3) Market Turner: ‘‘Market Turner’’ electronic book by virtue of their being concerning the purpose of and basis for means a party that was the first to enter deemed a ‘‘book market participant’’ the proposed rule change and discussed an order or quote at a better price than shall be in accordance with paragraph any comments it received on the the previous best disseminated (ii) below and shall be distributed proposed rule change. The text of these Exchange price and the order (quote) is among each broker-dealer order statements may be examined at the
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places specified in Item IV below. The expand the products that can use these C. Self-Regulatory Organization’s Exchange has prepared summaries, set other priority allocation algorithms. Statement on Comments on the forth in sections A, B, and C below, of Moreover, the proposed rule change Proposed Rule Change Received From the most significant parts of such also proposes a minor change to the Members, Participants or Others statements. open outcry section of the Hybrid Written comments were neither A. Self-Regulatory Organization’s trading rules (CBOE Rule 6.45A(b) for solicited nor received. Statement of the Purpose of, and the equity options and CBOE Rule 6.45B(b) III. Date of Effectiveness of the Statutory Basis for, the Proposed Rule for index options) to ensure they are Proposed Rule Change and Timing for Change consistent with whichever electronic Commission Action 1. Purpose matching algorithm is in place pursuant to paragraph (a) of both rules. More The foregoing proposed rule change is CBOE Rule 6.45A sets forth, among specifically, paragraph (b) of both rules subject to section 19(b)(3)(A)(iii) of the Act 10 and Rule 19b–4(f)(6) thereunder 11 other things, the manner in which governs how orders represented in open because the proposal: (i) Does not electronic Hybrid trades in equity outcry interact with interest resting in significantly affect the protection of options are allocated. Paragraph (a) of the Hybrid quote. The Exchange states CBOE Rule 6.45A essentially governs investors or the public interest; (ii) does that broker-dealer orders resting in that how orders received electronically by not impose any significant burden on quote at the execution price are deemed the Exchange are electronically competition; and (iii) does not become executed against interest in the CBOE one ‘‘book market participant’’ for operative prior to 30 days after the date quote. Paragraph (a) of CBOE Rule purposes of determining how many of filing or such shorter time as the 6.45A currently provides that such contracts should be allocated to the Commission may designate if consistent electronic trades be allocated pursuant broker-dealers’ orders collectively. Once with the protection of investors and the to a matching algorithm called the that determination has been made, public interest; provided that the Ultimate Matching Algorithm (‘‘UMA’’). however, the allocation of those Exchange has given the Commission CBOE Rule 6.45B establishes the contracts between the broker-dealer notice of its intent to file the proposed manner in which electronic Hybrid orders is handled systematically. rule change, along with a brief trades in Index options and options on Currently, the rules provide that the description and text of the proposed exchange traded funds (‘‘ETFs’’) are UMA formula is used to systematically rule change, at least five business days allocated.6 Unlike CBOE Rule 6.45A, distribute the contracts between those prior to the date of filing of the which is applicable to equity options orders (that is because UMA is the only proposed rule change, or such shorter (which essentially requires UMA for all available algorithm for equity options time as designated by the Commission. electronic Hybrid equity option trading), under CBOE Rule 6.45A). However, the The CBOE has satisfied the five-day CBOE Rule 6.45B provides a ‘‘menu’’ of system is programmed to allocate those pre-filing requirements. In addition, the matching algorithms to choose from for contracts between those broker-dealer Exchange has requested that the each product traded pursuant to that orders using whichever matching Commission waive the 30-day operative rule. That menu includes UMA as well algorithm is in place for electronic delay. The Commission notes that this as price-time priority and pro-rata executions for the subject option class proposal would provide equity option priority matching scheme (with several under paragraph (a) of both rules (which products with a similar menu of priority allocation methodologies currently optional priority overlays). The menu under the ‘‘menu’’ structure could be available for index option products format allows the Exchange to utilize matching algorithms other than UMA). (such as price-time, pro-rata, and several different matching algorithms by As proposed, CBOE Rule 6.45A(b) as product. optional priority overlays). Thus, the well as CBOE Rule 6.45B(b) would be The Exchange states that the purpose Commission believes that there is no modified to reflect that possibility. of the proposed rule change is to adopt new regulatory issues herein such that a menu for equity option trading by 2. Statutory Basis waiving the 30-day operative delay is carrying over the matching options consistent with the protection of available under CBOE Rules 6.45B(a) to The Exchange believes that the investors and the public interest. The 6.45A(a). The Exchange states that this proposed rule change is consistent with waiver will permit the Exchange to will enable the Exchange to utilize section 6(b) of the Act 8 in general, and implement the proposed rule change price-time priority or pro-rata priority furthers the objectives of section 6(b)(5) without delay and thereby providing (along with the optional market turner of the Act 9 in particular, in that the additional priority allocation options to priority,7 customer priority, and rules of an exchange be designed to equity option trading on the Exchange. participation entitlement priority promote just and equitable principles of For these reasons, the Commission overlays) for equity option trading. As trade, and to protect investors and the designates the proposal to be effective proposed, these ‘‘new’’ matching public interest. and operative upon filing with the algorithms are identical to the matching Commission.12 algorithms available to index and ETF B. Self-Regulatory Organization’s At any time within 60 days of the options. Thus, the Exchange states that Statement on Burden on Competition filing of such proposed rule change, the there are no new types of matching Commission may summarily abrogate The Exchange does not believe that algorithms being proposed herein, and such rule change if it appears to the the proposed rule change will result in this proposed rule change would merely Commission that such action is any burden on competition that is not 6 For details on that rule, see Securities Exchange necessary or appropriate in furtherance 10 15 U.S.C. 78s(b)(3)(A)(iii). Release No. 51822 (June 10, 2005), 70 FR 35321 of the purposes of the Act. 11 17 CFR 240.19b–4(f)(6). (June 17, 2005) (SR–CBOE–2004–87). 12 For purposes only of accelerating the operative 7 For information on market-turner priority, see date of this proposal, the Commission has Securities Exchange Release No. 52659 (October 24, considered the proposed rule’s impact on 2005), 70 FR 62149 (October 28, 2005) (SR–CBOE– 8 15 U.S.C. 78f(b). efficiency, competition, and capital formation. 15 2005–85). 9 15 U.S.C. 78f(b)(5). U.S.C. 78c(f).
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necessary or appropriate in the public For the Commission, by the Division of and (C) below, of the most significant interest, for the protection of investors Market Regulation, pursuant to delegated aspects of these statements.4 or otherwise in furtherance of the authority.14 (A) Self-Regulatory Organization’s purposes of the Act.13 Nancy M. Morris, Secretary. Statement of the Purpose of, and IV. Solicitation of Comments Statutory Basis for, the Proposed Rule [FR Doc. E6–519 Filed 1–18–06; 8:45 am] Change Interested persons are invited to BILLING CODE 8010–01–P submit written data, views, and The proposed rule change updates arguments concerning the foregoing, certain provisions of the fee structures including whether the proposed rule SECURITIES AND EXCHANGE of the GSD and the MBSD. The fee change is consistent with the Act. COMMISSION structures are modified as follows: Comments may be submitted by any of 1. GSD Fee Structure Revisions the following methods: [Release No. 34–53106; File No. SR–FICC– 2005–21] (a) Trade Submission. The charge for Electronic Comments submitting trade data to the GSD is • Use the Commission’s Internet Self-Regulatory Organizations; Fixed revised from $.50 per submission to $.30 comment form (http://www.sec.gov/ Income Clearing Corporation; Notice of per submission. rules/sro.shtml); or Filing and Immediate Effectiveness of (b) Communication Corrections. • Send an e-mail to rule- a Proposed Rule Change To Revise the Language pertaining to the [email protected]. Please include File Fee Structures of the Government implementation of a new Number SR–CBOE–2006–03 on the Securities Division and the Mortgage- communications framework is deleted subject line. Backed Securities Division since FICC plans to utilize the communications feature of its parent Paper Comments January 11, 2006. company, The Depository Trust & • Send paper comments in triplicate Pursuant to section 19(b)(1) of the Clearing Corporation. Securities Exchange Act of 1934 (c) Netting Fee. The fixed component to Nancy M. Morris, Secretary, 1 Securities and Exchange Commission, (‘‘Act’’), notice is hereby given that on of the netting fee is revised from $.43 100 F Street, NE., Washington, DC December 22, 2005, the Fixed Income per side to $.16 per side. The fixed 20549–9303 Clearing Corporation (‘‘FICC’’) filed netting fee along with an existing with the Securities and Exchange variable component of $.012 per $1 All submissions should refer to File Commission (‘‘Commission’’) the million par value will be extended to Number SR–CBOE–2006–03. This file proposed rule change described in Items apply to the netting of outstanding fail number should be included on the I, II, and III below, which items have obligations with current settlement subject line if e-mail is used. To help the been prepared primarily by FICC. FICC activity. Commission process and review your filed the proposed rule change pursuant comments more efficiently, please use to section 19(b)(3)(A)(ii) of the Act 2 and 2. MBSD Fee Structure Revisions only one method. The Commission will Rule 19b–4(f)(2) thereunder 3 whereby (a) Broker Trade Processing. The post all comments on the Commission’s the proposal became effective upon charge for Broker Give-up Trade Creates Internet Web site (http://www.sec.gov/ filing with the Commission. The is revised from $.25 per side to $.20 per rules/sro.shtml). Copies of the Commission is publishing this notice to side. submission, all subsequent solicit comments on the proposed rule (b) Dealer Trade Processing. The amendments, all written statements change from interested parties. monthly charge for Dealer Trade Creates with respect to the proposed rule I. Self-Regulatory Organization’s for SBO Destined Trades is revised as change that are filed with the follows: Commission, and all written Statement of the Terms of Substance of the Proposed Rule Change communications relating to the Current Revised proposed rule change between the Number of trade FICC is revising the fee structures of creates charge charge Commission and any person, other than its Government Securities Division (MM) (MM) those that may be withheld from the (‘‘GSD’’) and Mortgage-Backed public in accordance with the 1–2,500 ...... $2.00 $1.68 Securities Division (‘‘MBSD’’). 2,501–5,000 ...... 1.85 1.56 provisions of 5 U.S.C. 552, will be 5,001–7,500 ...... 1.70 1.43 available for inspection and copying in II. Self-Regulatory Organization’s Statement of the Purpose of, and 7,501–10,000 .... 1.60 1.35 the Commission’s Public Reference 10,001–12,500 .. 1.45 1.22 Room. Copies of the filing also will be Statutory Basis for, the Proposed Rule 12,501 & over ... 1.30 1.09 available for inspection and copying at Change the principal office of the CBOE. All In its filing with the Commission, Also, the charges for both Dealer comments received will be posted FICC included statements concerning Trade-for-Trade Trade Creates and without change; the Commission does the purpose of and basis for the Dealer Option Trade Creates are revised not edit personal identifying proposed rule change and discussed any from $2.50 per side to $2.25 per side. information from submissions. You comments it received on the proposed (c) Electronic Pool Notification should submit only information that rule change. The text of these statements (‘‘EPN’’) Message Processing Fees. you wish to make available publicly. All may be examined at the places specified MBSD’s EPN Message Processing Fees submissions should refer to File in Item IV below. FICC has prepared are modified as follows: Number SR–CBOE–2006–03 and should summaries, set forth in sections (A), (B), (1) The fee for a Notification Send be submitted on or before February 9, from the Opening of Business to 1 p.m. 2006. 14 17 CFR 200.30–3(a)(12). is revised from $.25 per million current 1 15 U.S.C. 78s(b)(1). 13 See section 19(b)(3)(C) of the Act, 15 U.S.C. 2 15 U.S.C. 78s(b)(3)(A)(ii). 4 The Commission has modified the text of the 78s(b)(3)(C). 3 17 CFR 240.19b–4(f)(2). summaries prepared by FICC.
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face value to $.15 per million current or otherwise in furtherance of the For the Commission by the Division face value. purposes of the Act. of Market Regulation, pursuant to (2) The fee for a Notification Send delegated authority.8 from 1 p.m. to 2 p.m. is revised from IV. Solicitation of Comments Nancy M. Morris, $1.25 per million current to $.75 per Interested persons are invited to Secretary. million current face value. submit written data, views, and (3) The fee for a Notification Receive [FR Doc. E6–539 Filed 1–18–06; 8:45 am] arguments concerning the foregoing, from Opening of Business to 1 p.m. is BILLING CODE 8010–01–P including whether the proposed rule revised from $.50 per million current change is consistent with the Act. face value to $.40 per million current Comments may be submitted by any of face value. SECURITIES AND EXCHANGE (4) The fee for a Notification Receive the following methods: COMMISSION from 1 p.m. to 2 p.m. or 2 p.m. to 3 p.m. Electronic Comments [Release No. 34–53104; File No. SR–ISE– is revised from $.25 per million current 2006–02] face value to $.20 per million current • Use the Commission’s Internet face value. comment form (http://www.sec.gov/ Self-Regulatory Organizations; (5) The fee for (i) a Notification Send rules/sro.shtml) or International Securities Exchange, Inc.; from 2 p.m. to 3 p.m. or 3 p.m. to Close • Notice of Filing and Immediate Send an e-mail to rule- Effectiveness of Proposed Rule of Business and (ii) a Notification [email protected]. Please include File Receive from 3 p.m. to Close of Business Change Relating to Directed Orders Number SR–FICC–2005–21 on the System Change remains unchanged. subject line. FICC believes the proposed rule January 11, 2006. change is consistent with the Paper Comments Pursuant to section 19(b)(1) of the requirements of section 17A of the Act 5 • Send paper comments in triplicate Securities Exchange Act of 1934 (the and the rules and regulations ‘‘Act’’),1 and Rule 19b–4 thereunder,2 to Nancy M. Morris, Secretary, thereunder applicable to FICC because it notice is hereby given that on January 5, Securities and Exchange Commission, clarifies and updates FICC’s fee 2006, the International Securities 100 F Street, NE., Washington, DC schedule. As such, it provides for the Exchange, Inc. (‘‘ISE’’ or ‘‘Exchange’’) equitable allocation of fees among its 20549–9303. filed with the Securities and Exchange participants and aligns fees for services All submissions should refer to File Commission (‘‘Commission’’) the with the associated cost to deliver the Number SR–FICC–2005–21. This file proposed rule change as described in service. number should be included on the Items I, II, and III below, which Items (B) Self-Regulatory Organization’s subject line if e-mail is used. To help the have been prepared by the ISE. The Statement on Burden on Competition Commission process and review your proposed rule change has been filed by comments more efficiently, please use the ISE as effecting a change in an FICC does not believe that the only one method. The Commission will existing order-entry or trading system proposed rule change will have an post all comments on the Commission’s pursuant to section 19(b)(3)(A) of the impact or impose any burden on 3 4 Internet Web site (http://www.sec.gov/ Act, and Rule 19b–4(f)(5) thereunder, competition. rules/sro.shtml). Copies of the which renders the proposal effective (C) Self-Regulatory Organization’s submission, all subsequent upon filing with the Commission. The Statement on Comments on the amendments, all written statements Commission is publishing this notice to Proposed Rule Change Received From with respect to the proposed rule solicit comments on the proposed rule Members, Participants, or Others change that are filed with the change from interested persons. Written comments relating to the Commission, and all written I. Self-Regulatory Organization’s proposed rule change have not yet been communications relating to the Statement of the Terms of Substance of solicited or received. FICC will notify proposed rule change between the the Proposed Rule Change the Commission of any written Commission and any person, other than The ISE is proposing to change its comments received by FICC. those that may be withheld from the existing system as it relates to ‘‘Directed public in accordance with the III. Date of Effectiveness of the Orders.’’ Specifically, the Exchange is provisions of 5 U.S.C. 552, will be Proposed Rule Change and Timing for proposing to identify to a Directed Commission Action available for inspection and copying in Market Maker (‘‘DMM’’) the identity of the Commission’s Public Reference the firm entering a Directed Order. This The foregoing proposed rule change Section, 100 F Street, NE., Washington, system change will be effective until has become effective upon filing DC 20549. Copies of such filings also June 30, 2006, while the Commission pursuant to section 19(b)(3)(A)(ii) of the will be available for inspection and considers a corresponding ISE proposal 6 7 Act and Rule 19b–4(f)(2) thereunder copying at the principal office of FICC to amend its rules to specify that order- because the rule establishes a due, fee, and on FICC’s Web site at http:// entry firm identity is disclosed to the or other charge. At any time within sixty www.ficc.com. All comments received DMM. In addition, the Exchange days of the filing of the proposed rule will be posted without change; the commits that it will reverse this system change, the Commission may summarily Commission does not edit personal change prior to June 30, 2006, if the abrogate such rule change if it appears identifying information from Commission staff prohibits all options to the Commission that such action is submissions. You should submit only exchanges from disclosing the identity necessary or appropriate in the public information that you wish to make interest, for the protection of investors, 8 available publicly. All submissions 17 CFR 200.30–3(a)(12). 1 should refer to File Number SR–FICC– 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78q–1. 2 17 CFR 240.19b–4. 6 15 U.S.C. 78s(b)(3)(A)(ii). 2005–21 and should be submitted on or 3 15 U.S.C. 78s(b)(3)(A). 7 17 CFR 240.19b–4(f)(2). before February 9, 2006. 4 17 CFR 240.19b–4(f)(5).
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of order entry firms in their directed However, BOX’s system is not in fact system change prior to June 30, 2006, if order systems. In that case, the anonymous, and its system provides the Commission staff determines not to Exchange will reverse this system BOX directed market makers with the approve the Permanent Rule Change change effective simultaneously with all identity of the firm entering an order.7 and the BOX Proposal and prohibits all other exchanges enforcing anonymity in ISE’s market makers find this feature options exchanges from disclosing the their systems.5 The text of the proposed very attractive in that it provides a identity of order entry firms in their rule change is available on the ISE’s DMM with relevant information when directed order systems. In that case, the Web site http://www.iseoptions.com/ deciding whether or not to guarantee Exchange will reverse this system legal/proposed_rule_changes.asp), at price improvement for an order. change effective simultaneously with the principal office of the ISE, and at the Without ISE also disclosing the identity BOX, and all other options exchanges Commission’s Public Reference Room. of the order entry firm, ISE’s Directed having similar systems, enforcing II. Self-Regulatory Organization’s Order system is not competitive with anonymity in their systems. the BOX’s system. While the Boston Statement of the Purpose of, and 2. Statutory Basis Statutory Basis for, the Proposed Rule Stock Exchange, Inc. (‘‘BSE’’) has filed The Exchange believes that the basis Change a proposed rule change to conform the BOX rules to the actual operation of its under the Act is found in section In its filing with the Commission, the system,8 BOX continues to identify 6(b)(5),11 in that the proposed rule ISE included statements concerning the firms entering directed orders while the change is designed to promote just and purpose of, and basis for, the proposed Commission considers the pending rule equitable principles of trade, to prevent rule change and discussed any filing. fraudulent and manipulative acts, to comments it received on the proposed ISE believes that BOX has been non- remove impediments to and perfect the rule change. The text of these statements compliant with its rules and that this mechanisms of a free and open market may be examined at the places specified places the ISE at a significant and a national market system and, in in Item IV below. The ISE has prepared competitive disadvantage. ISE further general, to protect investors and the summaries, set forth in sections A, B, believes that the only way that ISE can public interest. In particular, the system and C below, of the most significant address the immediate inequity in the change will enable the Exchange to aspects of such statements. market is to modify ISE’s system to remain competitive in the market place A. Self-Regulatory Organization’s disclose the identity of the EAM while the Commission considers Statement of the Purpose of, and entering a Directed Order on a anonymity issues across all options Statutory Basis for, the Proposed Rule temporary basis while the Commission markets. Change considers whether to approve the BOX B. Self-Regulatory Organization’s Proposal. Thus, the purpose of this 1. Purpose Statement on Burden on Competition filing is to remove the anonymity The Exchange operates a Directed feature from ISE’s Directed Order The Exchange believes that the Order system in which Electronic system for a period ending on June 30, proposed rule change does not impose Access Members (‘‘EAMs’’) can send an 2006. This system change is effective on any burden on competition that is not order to a DMM for possible price filing under Rule 19b–4(f)(5). The ISE necessary or appropriate in furtherance improvement.6 If a DMM accepts has simultaneously filed a proposed of the purposes of the Act. Directed Orders generally, that DMM rule change, similar to the BOX C. Self-Regulatory Organization’s must accept all Directed Orders from all Proposal, to specify in its rules that the Statement on Comments on the EAMs. Once such a DMM receives a identity of the entering firm is disclosed Proposed Rule Change Received From Directed Order, it either must enter the 9 to a DMM, which if approved by the Members, Participants or Others order into the Exchange’s ‘‘Price Commission, will make the system Improvement Mechanism’’ (‘‘PIM’’) or change permanent (the ‘‘Permanent Rule The Exchange has not solicited, and must release the order into the Change’’).10 The Permanent Rule does not intend to solicit, comments on Exchange’s limit order book, in which Change has been filed pursuant to this proposed rule change. The case there are certain restrictions on the section 19(b)(2) of the Act to provide the Exchange has not received any DMM interacting with the order. While Commission an opportunity to consider unsolicited written comments from ISE rules do not specify that Directed both the BOX and ISE proposals members or other interested parties. Orders are sent to a DMM on an contemporaneously. III. Date of Effectiveness of the anonymous basis, prior to this filing, the Through this proposal, the ISE will be Proposed Rule Change and Timing for Exchange did not disclose to a DMM the able to operate on an equal competitive Commission Action identity of the EAM sending a Directed basis with BOX while the Commission Because the foregoing proposed rule Order. evaluates whether exchanges should be The Boston Options Exchange change effects a change in an existing permitted to disclose order flow order entry or trading system that (i) (‘‘BOX’’) operates a system almost provider identities. The ISE commits identical to ISE’s Directed Order system, does not significantly affect the that it will submit another rule change protection of investors or the public with one important distinction. Based under Rule 19b–4(f)(5) to reverse this on BOX’s published rules, ISE believed interest; (ii) does not impose any significant burden on competition; and that BOX’s system had the same 7 See Securities Exchange Act Release No. 53015 anonymity feature as ISE’s system. (December 22, 2005), 70 FR 77207 (December 29, (iii) does not have the effect of limiting 2005) (the ‘‘BOX Proposal’’). access to or availability of the system, it 5 In the event that the issue of anonymity in the 8 Id. has become effective pursuant to section Directed Order process is not resolved by June 30, 9 See Securities Exchange Act Release No. 53103 19(b)(3)(A)(iii) of the Act 12 and Rule 2006, the Exchange intends to submit another filing (January 11, 2006) (File No. SR–ISE–2006–01). 19b–4(f)(5) thereunder.13 under Rule 19b–4(f)(5) extending this temporary 10 The ISE also enforces anonymity in certain system change. other trading systems, such as its Facilitation 6 See Securities Exchange Act Release No. 52331 Mechanism. The Exchange also plans to file a 11 15 U.S.C. 78f(b)(5). (August 24, 2005), 70 FR 51856 (August 31, 2005) proposed rule change eliminating the anonymity 12 15 U.S.C. 78s(b)(3)(A)(iii). (SR–ISE–2004–16). provisions in certain of these areas. 13 17 CFR 19b–4(f)(5).
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At any time within 60 days of the For the Commission, by the Division of entered the Directed Order will be made filing of such proposed rule change, the Market Regulation, pursuant to delegated available to the Directed Market Maker. authority.14 Commission may summarily abrogate * * * * * such rule change if it appears to the Nancy M. Morris, Commission that such action is Secretary. II. Self-Regulatory Organization’s necessary or appropriate in the public [FR Doc. E6–518 Filed 1–18–06; 8:45 am] Statement of the Purpose of, and Statutory Basis for, the Proposed Rule interest, for the protection of investors, BILLING CODE 8010–01–P or otherwise in furtherance of the Change purposes of the Act. In its filing with the Commission, the SECURITIES AND EXCHANGE ISE included statements concerning the IV. Solicitation of Comments COMMISSION purpose of and basis for the proposed Interested persons are invited to [Release No. 34–53103; File No. SR–ISE– rule change. The text of these statements submit written data, views, and 2006–01] may be examined at the places specified arguments concerning the foregoing, in Item IV below. The ISE has prepared including whether the proposed rule Self-Regulatory Organizations; summaries, set forth in Sections A, B, change is consistent with the Act. International Securities Exchange, Inc.; and C below, of the most significant Comments may be submitted by any of Notice of Filing of Proposed Rule aspects of such statements. the following methods: Change To Amend Exchange Rule A. Self-Regulatory Organization’s Governing Directed Orders Electronic Comments Statement of the Purpose of, and • Use the Commission’s Internet January 11, 2006. Statutory Basis for, the Proposed Rule comment form (http://www.sec.gov/ Pursuant to section 19(b)(1) of the Change rules/sro.shtml); or Securities Exchange Act of 1934 (the 1. Purpose • Send an e-mail to rule- ‘‘Act’’),1 and Rule 19b–4 thereunder,2 The Exchange operates a Directed [email protected]. Please include File notice is hereby given that on January 5, Order system in which Electronic No. SR–ISE–2006–02 on the subject 2006, the International Securities Access Members (‘‘EAMs’’) can send an line. Exchange, Inc. (‘‘ISE’’ or ‘‘Exchange’’) order to a DMM for possible price Paper Comments filed with the Securities and Exchange improvement.3 If a DMM accepts • Send paper comments in triplicate Commission (‘‘Commission’’) the Directed Orders generally, that DMM to Nancy M. Morris, Secretary, proposed rule change as described in must accept all Directed Orders from all Securities and Exchange Commission, Items I, II, and III below, which Items EAMs. Once such a DMM receives a Station Place, 100 F Street, NE., have been prepared by the ISE. The Directed Order, it either must enter the Washington, DC 20549–9303. Commission is publishing this notice to order into the Exchange’s ‘‘Price All submissions should refer to File solicit comments on the proposed rule change from interested persons. Improvement Mechanism’’ (‘‘PIM’’) or Number SR–ISE–2006–02. This file must release the order into the number should be included on the I. Self-Regulatory Organization’s Exchange’s limit order book, in which subject line if e-mail is used. To help the Statement of the Terms of Substance of case there are certain restrictions on the Commission process and review your the Proposed Rule Change DMM interacting with the order. comments more efficiently, please use The ISE is proposing to amend its ISE The Boston Options Exchange only one method. The Commission will Rule 811 with respect to identifying to (‘‘BOX’’) operates a system almost post all comments on the Commission’s a Directed Market Maker (‘‘DMM’’) the identical to ISE’s Directed Order system. Internet Web site (http://www.sec.gov/ identity of the firm entering a Directed Based on BOX’s published rules, the ISE rules/sro.shtml). Copies of the Order. believed that BOX’s system had the submission, all subsequent The text of the proposed rule change same anonymity feature as ISE’s system. amendments, all written statements is below. Proposed new language is in However, the Boston Stock Exchange, with respect to the proposed rule italics; proposed deletions are in Inc. (‘‘BSE’’) has filed a proposed rule change that are filed with the [brackets]. change that acknowledges that BOX Commission, and all written * * * * * provides its directed market makers communications relating to the with the identity of the order entry firm proposed rule change between the Rule 811. Directed Orders and seeks to amend the BOX rules to be Commission and any person, other than * * * * * consistent with the actual operation of those that may be withheld from the 4 (b) Exchange market makers may only the BOX system (the ‘‘BOX Proposal’’). public in accordance with the receive and handle orders on an agency The ISE has significant concerns with provisions of 5 U.S.C. 552, will be basis if they are Directed Orders and the BOX Proposal and will be filing a available for inspection and copying in only in the manner prescribed in the comment letter arguing against its the Commission’s Public Reference Rule 811. A market maker can elect approval. Notwithstanding ISE’s Room. Copies of such filing also will be whether or not to accept Directed concerns with the BOX Proposal, the available for inspection and copying at Orders on a daily basis. If a market ISE believes it needs to remain the principal office of the ISE. All maker elects to be a Directed Market competitive in the market place if the comments received will be posted Maker, it must accept Directed Orders Commission determines to approve the without change; the Commission does from all Electronic Access Members[. A BOX Proposal and allow exchanges to not edit personal identifying Directed market maker] and cannot disclose the identity of order–entry information from submissions. You reject a Directed Order. The identity of should submit only information that 3 the Electronic Access Member that See Securities Exchange Act Release No. 52331 you wish to make available publicly. All (August 24, 2005), 70 FR 51856 (August 31, 2005) submissions should refer to File (SR–ISE–2004–16). 14 17 CFR 200.30–3(a)(12) 4 See Securities Exchange Act Release No. 53015 Number SR–ISE–2006–02 and should be 1 15 U.S.C. 78s(b)(1). (December 22, 2005), 70 FR 77207 (December 29, submitted on or before February 9, 2006. 2 17 CFR 240.19b–4. 2005) (SR–BSE–2005–52).
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firms in their order routing and (ii) as to which the Exchange consents, For the Commission, by the Division of execution systems. In this respect, the the Commission shall: Market Regulation, pursuant to delegated ISE has modified its system to disclose (a) By order approve such proposed authority.8 the identity of order entry firms to rule change, or Nancy M. Morris, DMMs on a temporary basis.5 The (b) Institute proceedings to determine Secretary. purpose of this proposed rule change is whether the proposed rule change [FR Doc. E6–521 Filed 1–18–06; 8:45 am] to specify in the ISE rules that Directed should be disapproved. BILLING CODE 8010–01–P Orders are not anonymous, which if IV. Solicitation of Comments approved by the Commission, will make the temporary system change Interested persons are invited to SECURITIES AND EXCHANGE permanent.6 submit written data, views, and COMMISSION arguments concerning the foregoing, 2. Statutory Basis including whether the proposed rule [Release No. 34–53096; File No. SR–PCX– 2005–141] The Exchange believes that the basis change is consistent with the Act. under the Act for this proposed rule Comments may be submitted by any of Self-Regulatory Organizations; Pacific change is found in section 6(b)(5),7 in the following methods: Exchange, Inc.; Notice of Filing of that the proposed rule change is Electronic Comments Proposed Rule Change Relating to designed to promote just and equitable Modifications to Archipelago • Use the Commission’s Internet principles of trade, to prevent Exchange’s Closing Auction fraudulent and manipulative acts, to comment form (http://www.sec.gov/ rules/sro.shtml); or January 11, 2006. remove impediments to and perfect the • mechanisms of a free and open market Send an e-mail to rule- Pursuant to Section 19(b)(1) of the and a national market system and, in [email protected]. Please include File Securities Exchange Act of 1934 general, to protect investors and the No. SR–ISE–2006–01 on the subject (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 public interest. In particular, the line. notice is hereby given that on December proposed rule change will enable the Paper Comments 21, 2005, the Pacific Exchange, Inc. Exchange to remain competitive in the (‘‘PCX’’ or ‘‘Exchange’’), through its • Send paper comments in triplicate market place. wholly owned subsidiary (‘‘PCXE’’ or to Nancy M. Morris, Secretary, the ‘‘Corporation’’), filed with the B. Self-Regulatory Organization’s Securities and Exchange Commission, Securities and Exchange Commission Statement on Burden on Competition Station Place, 100 F Street, NE., (‘‘Commission’’) the proposed rule The proposed rule change does not Washington, DC 20549–9303. change as described in Items I, II and III impose any burden on competition that All submissions should refer to File below, which Items have been prepared is not necessary or appropriate in Number SR–ISE–2006–01. This file by PCX. The Commission is publishing furtherance of the purposes of the Act. number should be included on the this notice to solicit comment on the subject line if e-mail is used. To help the proposed rule change from interested C. Self-Regulatory Organization’s Commission process and review your persons. Statement on Comments on the comments more efficiently, please use Proposed Rule Change Received From only one method. The Commission will I. Self-Regulatory Organization’s Members, Participants or Others post all comments on the Commission’s Statement of the Terms of Substance of The Exchange has not solicited, and Internet Web site (http://www.sec.gov/ the Proposed Rule Change does not intend to solicit, comments on rules/sro.shtml). Copies of the The Exchange proposes to amend its this proposed rule change. The submission, all subsequent rules governing the Archipelago Exchange has not received any amendments, all written statements Exchange (‘‘ArcaEx’’), the equity trading unsolicited written comments from with respect to the proposed rule facility of PCXE. With this filing, the members or other interested parties. change that are filed with the Exchange proposes to clarify the Commission, and all written ArcaEx’s Closing Auction functionality III. Date of Effectiveness of the communications relating to the and limit the use of the Closing Auction Proposed Rule Change and Timing for proposed rule change between the to primary listed securities. The text of Commission Action Commission and any person, other than the proposed rule change is available on Within 35 days of the date of those that may be withheld from the the PCX Web site publication of this notice in the Federal public in accordance with the (http:/www.pacificex.com), at the PCX’s Register or within such longer period (i) provisions of 5 U.S.C. 552, will be Office of the Secretary and at the as the Commission may designate up to available for inspection and copying in Commission’s Public Reference Room. 90 days of such date if it finds such the Commission’s Public Reference longer period to be appropriate and Room. Copies of such filing also will be II. Self-Regulatory Organization’s publishes its reasons for so finding or available for inspection and copying at Statement of the Purpose of, and the principal office of the ISE. Statutory Basis for, the Proposed Rule 5 See Securities Exchange Act Release No. 53104 All comments received will be posted Change (January 11, 2006) (File No. SR–ISE–2006–02). This without change; the Commission does In its filing with the Commission, the temporary system change was effective upon filing not edit personal identifying Exchange included statements pursuant to Rule 19b–4(f)(5) under the Act. 17 CFR 240.19b–4(f)(5). information from submissions. You concerning the purpose of, and basis for, 6 Currently, the ISE rules do not specify that should submit only information that the proposed rule change. The text of Directed Orders are sent to a DMM on an you wish to make available publicly. All these statements may be examined at anonymous basis. The ISE also enforces anonymity submissions should refer to File the places specified in Item IV below. in certain other trading systems, such as its Number SR–ISE–2006–01 and should be Facilitation Mechanism. The Exchange plans to file The Exchange has prepared summaries, a proposed rule change eliminating the anonymity submitted on or before February 9, 2006. provisions in certain of these areas as well. 1 15 U.S.C. 78s(b)(1). 7 15 U.S.C. 78f(b)(5). 8 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4.
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set forth in Sections A, B and C below, 7.35(e)(3)(C), was incorporated into addition, the Exchange would reject of the most significant aspects of such PCXE Rule 1.1(r)(A).10 MOC and LOC Orders as indicated in statements. Further, the Exchange proposes a few, proposed PCXE Rules 7.31(dd) and (ee), non-substantive changes to clarify the respectively. A. Self-Regulatory Organization’s existing language in the Closing Auction Statement of the Purpose of, and rule. First, the Exchange proposes to 2. Statutory Basis Statutory Basis for, the Proposed Rule modify PCXE Rule 7.35(e)(1)(A) to The Exchange believes that the Change clarify that the Total Imbalance 11 and proposed rule change is consistent with 1. Purpose Market Imbalance 12 would be Section 6(b) 14 of the Act, in general, and published via electronic means. Second, furthers the objectives of Section 6(b)(5) The Exchange proposes to make Examples 1 and 2 of that provision of the Act,15 in particular in that it is clarifying changes to the Closing would be clarified to make the reference designed to facilitate transactions in Auction rule contained in PCXE Rule to the last sale during normal market securities, to promote just and equitable 7.35. In particular, the Exchange hours as determined by the consolidated principles of trade, to enhance proposes to make conforming changes tape to be consistent with the reference competition and to protect investors and that were recently incorporated into the in the ‘‘Indicative Match Price’’ the public interest. In particular, the ArcaEx Market Order Auction rules.3 In definition. Lastly, PCXE Rule Exchange believes that making such addition, the Exchange proposes to limit 7.35(e)(2)(B) would be modified to changes to the Closing Auction the use of its Closing Auction to reflect that Limited Price Orders, with procedures would better protect ETP Exchange-listed securities, including the exception of LOC Orders, may be Holders from executions at the close Exchange-listed exchange traded funds, cancelled. that are substantially away from the for which the Corporation is the primary The Exchange also proposes to limit primary market closing prices.16 market. the use of its Closing Auction to The conforming changes that the Exchange-listed securities, including B. Self-Regulatory Organization’s Exchange proposes are as follows. First, Exchange-listed exchange traded funds, Statement on Burden on Competition PCXE Rule 7.35(e)(2)(A) would be for which the Corporation is the primary The Exchange does not believe that clarified to reflect that orders on the market. Accordingly, PCXE Rule 4 the proposed rule change will impose side of the Imbalance shall be executed 7.31(dd) that defines MOC Orders and any burden on competition that is not as follows: (i) Market-on-Close (‘‘MOC’’) PCXE Rule 7.31(ee) that defines LOC 5 necessary or appropriate in furtherance Orders ; (ii) Limit Orders entered prior Orders would be modified to reflect that of the purposes of the Act. to the Closing Auction; and (iii) Limit- such orders might be cancelled in the on-Close (‘‘LOC’’) Orders.6 Second, the following circumstances: (i) in securities C. Self-Regulatory Organization’s language in PCXE Rule 7.35(e)(3) would for which the Corporation is not the Statement on Comments on the be modified to be substantively primary market; or (ii) when the auction Proposed Rule Change Received From consistent with that of the Market Order is suspended pursuant to PCXE Rule Members, Participants, or Others 7 Auction changes recently adopted. 7.35(g). In addition, PCXE Rule 7.35(e) Written comments on the proposed Specifically, when there are Limited would be modified to reflect that the rule change were neither solicited nor 8 Price Orders eligible for execution in Closing Auction would be limited to received. the Closing Auction, the Closing Exchange-listed securities, including Auction price would be the Indicative Exchange-listed exchange traded funds, III. Date of Effectiveness of the Match Price.9 If there were no Limited for which the Corporation is the primary Proposed Rule Change and Timing for Price Orders eligible for execution in the market. The Exchange proposes to limit Commission Action Closing Auction, MOC Orders would be the use of its Closing Auction to certain Within 35 days of the date of rejected. In addition, MOC Orders that securities because of limited publication of this notice in the Federal are eligible for, but not executed in, the participation in the Closing Auction to Register or within such longer period (i) Closing Auction would be cancelled date. Accordingly, with limited as the Commission may designate up to immediately upon conclusion of the liquidity to participate in the Closing 90 days of such date if it finds such Closing Auction. The Exchange also Auction, orders are frequently executed longer period to be appropriate and proposes to delete PCXE Rule at prices that vary from the closing publishes its reasons for so finding or 7.35(e)(3)(C), regarding limiting the prices at other primary markets. In order (ii) as to which the self-regulatory Closing Auction Price to prices within to protect ETP Holders 13 from this organization consents, the Commission a threshold amount. In the rule filing execution occurring, the Exchange will: where modifications were made to the proposes to limit its Closing Auctions to (A) by order approve the proposed ArcaEx Market Order Auction, the same only those securities where the modifications, or concept as described in PCXE Rule Corporation is the primary market. (B) institute proceedings to determine Lastly, the Exchange proposes to whether the proposed rule change 3 See Securities Exchange Act Release No. 52361 clarify that in the case of unusual should be disapproved. (August 30, 2005), 70 FR 53704 (September 9, system problems or other malfunctions, 2005)(SR–PCX–2005–58). IV. Solicitation of Comments 4 See PCXE Rule 1.1(q). the Exchange may suspend auctions. 5 See PCXE Rule 1.1(dd). Accordingly, PCXE Rule 7.35(g) would Interested persons are invited to 6 See PCXE Rule 1.1(ee). be modified to reflect this. This submit written data, views and 7 See supra note 3. Note that the Market Order exception would only be used on an Auction rule text can be distinguished from the infrequent basis when needed to 14 15 U.S.C. 78f(b). Closing Auction because the Market Order Auction maintain a fair and orderly market. In 15 15 U.S.C. 78f(b)(5). applies both to Nasdaq-listed and Exchange-listed 16 Clarified in telephone conference among securities for which the Corporation is the primary Bridget Farrell, Director, Strategy, ArcaEx, Timothy 10 market and all Exchange-listed exchange traded See supra note 3. Fox, Special Counsel, Division of Market Regulation funds. 11 See PCXE Rule 1.1(q)(1)(A). (‘‘Division’’), Commission and Mitra Mehr, Special 8 See PCXE Rule 1.1(s). 12 See PCXE Rule 1.1(q)(1)(B). Counsel, Division, Commission on January 10, 9 See PCXE Rule 1.1(r). 13 See PCXE Rule 1.1(n). 2006.
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arguments concerning the foregoing, SMALL BUSINESS ADMINISTRATION Form No.: N/A. including whether the proposed rule Annual Responses: 47. Data Collection Available for Public change is consistent with the Act. Annual Burden: 940. Comments may be submitted by any of Comments and Recommendations the following methods: ADDRESSES: Send all comments ACTION: Notice and request for regarding whether this information Electronic Comments comments. collection is necessary for the proper performance of the function of the • Use the Commission’s Internet SUMMARY: In accordance with the agency, whether the burden estimates comment form (http://www.sec.gov/ Paperwork Reduction Act of 1995, this are accurate, and if there are ways to rules/sro.shtml); or notice announces the Small Business minimize the estimated burden and • Send an e-mail to rules- Administration’s intentions to request enhance the quality of the collection, to [email protected]. Please include File approval on a new and/or currently Patricia Branch, Office of Procurement No. SR–PCX–2005–141 on the subject approved information collection. and Grants Management, Grants line. DATES: Submit comments on or before Management Specialist, Small Business March 20, 2006. Paper Comments Administration, 409 3rd Street, SW., ADDRESSES: Send all comments Suite 5000, Washington, DC 20416. • Send paper comments in triplicate regarding whether this information FOR FURTHER INFORMATION CONTACT: to Nancy M. Morris, Secretary, collection is necessary for the proper Patricia Branch, Grants Management Securities and Exchange Commission, performance of the function of the Specialist, Office of Procurement and 100 F Street, NE., Washington, DC agency, whether the burden estimates Grants Management, 202–205–7081, 20549–9303. are accurate, and if there are ways to [email protected]. Curtis B. Rich, minimize the estimated burden and All submissions should refer to File Management Analyst, 202–205–7030, enhance the quality of the collection, to No. SR–PCX–2005–141. This file [email protected]. Gary Jackson, Assistant Administrator, number should be included on the Office of Size Standards, Small Business SUPPLEMENTARY INFORMATION: subject line if e-mail is used. To help the Administration, 409 3rd Street, SW., Title: ‘‘Notice of Award and Grant/ Commission process and review your Suite 8800, Washington, DC 20416. Cooperative Agreement Cost Sharing comments more efficiently, please use Proposal’’. only one method. The Commission will FOR FURTHER INFORMATION CONTACT: Gary post all comments on the Commission’s Jackson, Assistant Administrator, Office Description of Respondents: Internet Web site (http://www.sec.gov/ of Size Standards, 202–205–6464, Participating Colleges. rules/sro.shtml). [email protected]. Curtis B. Rich, Form No.: 1222. Management Analyst, 202–205–7030, Annual Responses: 2,526. Copies of the submission, all [email protected]. subsequent amendments, all written Annual Burden: 202,080. SUPPLEMENTARY INFORMATION: statements with respect to the proposed ADDRESSES: Send all comments rule change that are filed with the Title: ‘‘Application for Small Business regarding whether this information Commission, and all written Size Standards’’. collection is necessary for the proper communications relating to the Description of Respondents: Small performance of the function of the proposed rule change between the Businesses. agency, whether the burden estimates Commission and any person, other than Form No.: 355. are accurate, and if there are ways to those that may be withheld from the Annual Responses: 10,500. minimize the estimated burden and public in accordance with the Annual Burden: 42,000. enhance the quality of the collection, to provisions of 5 U.S.C. 552, will be ADDRESSES: Send all comments Darryl Glover, Office of Small Business available for inspection and copying in regarding whether this information Administration, 409 3rd Street, SW., the Commission’s Public Reference collection is necessary for the proper Suite 6000, Washington, DC 20416. Room. Copies of such filing will also be performance of the function of the FOR FURTHER INFORMATION CONTACT: available for inspection and copying at agency, whether the burden estimates the principal office of the PCX. All Darryl Glover, Grants Management are accurate, and if there are ways to Specialist, Office of Small Business comments received will be posted minimize the estimated burden and without change; the Commission does Development Centers, 202–205–7306, enhance the quality of the collection, to [email protected]. Curtis B. Rich, not edit personal identifying Cynthia Pitts, Office of Disaster information from submissions. You Management Analyst, 202–205–7030, Assistance, Administrative Officer, [email protected]. should submit only information that Small Business Administration, 409 3rd you wish to make available publicly. All Street, SW., Suite 6000, Washington, DC SUPPLEMENTARY INFORMATION: submissions should refer to File No. 20416. Title: ‘‘Grant Cooperative Agreement SR–PCX–2005–141 and should be FOR FURTHER INFORMATION CONTACT: Cost Sharing Proposal’’. submitted February 9, 2006. Cynthia Pitts, Administrative Officer, Description of Respondents: Grants For the Commission, by the Division of Office of Disaster Assistance, 202–205– Management Offices. Market Regulation, pursuant to delegated 7570, [email protected]. Curtis B. Form No.: 1224. authority.17 Rich, Management Analyst, 202–205– Annual Responses: 2,526. Nancy M. Morris, 7030, [email protected]. Annual Burden: 202,080. Secretary. SUPPLEMENTARY INFORMATION: [FR Doc. E6–520 Filed 1–18–06; 8:45 am] Title: ‘‘Governor’s Request for Disaster Jacqueline White, BILLING CODE 8010–01–P Declaration’’. Chief, Administrative Information Branch. Description of Respondents: Victims [FR Doc. E6–514 Filed 1–18–06; 8:45am] 17 17 CFR 200.30–3(a)(12). in Presidential Declared Disaster. BILLING CODE 8025–01–P
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DEPARTMENT OF STATE DATES: Comments on this notice must be Regulations (See 14 CFR 301.201 et received by February 21, 2006: seq.). [Delegation of Authority 287] Attention DOT/OST Desk Officer, Office The due date for Answers, of Information and Regulatory Affairs, Delegation by the Under Secretary of Conforming Applications, or Motions to Office of Management and Budget, State for Management to Frank J. Modify Scope are set forth below for Docket Library, Room 10102, 725 17th Coulter of Authorities Normally Vested each application. Following the Answer Street, NW., Washington, DC 20503. in the Assistant Secretary for period DOT may process the application Administration FOR FURTHER INFORMATION CONTACT: Ms. by expedited procedures. Such Cynthia A. Roscoe, Committee procedures may consist of the adoption By virtue of the authority vested in Management Officer, Executive of a show-cause order, a tentative order, me as Under Secretary for Management Secretariat, Office of the Secretary, or in appropriate cases a final order by the laws of the United States and by Department of Transportation, 400 without further proceedings. delegation, including Delegation of Seventh Street, SW., Washington, DC Authority No. 198 from the Secretary of 20590–0001. Telephone (202) 366–9764. Docket Number: OST–1999–5868 and State, I hereby delegate to Frank J. SUPPLEMENTARY INFORMATION: OST–2005–22228. Coulter, to the extent authorized by law, Title: Advisory Committee Candidate Date Filed: December 20, 2005. all authorities vested in the Assistant Biographical Information Request, DOT Due Date for Answers, Conforming Secretary for Administration, including F1120.1. all authorities that have been or may be Applications, or Motion to Modify OMB Control Number: 2105–0009. Scope: January 10, 2006. delegated or re-delegated to the Affected Public: Individuals who have Assistant Secretary for Administration. contacted DOT to indicate an interest in Description: Amendment number one Any act, executive order, regulation, appointment to an advisory committee of Continental Airlines, Inc. to its or procedure subject to, or affected by, and individuals who have been application for renewal and amendment this delegation shall be deemed to be recommended for membership on an of its Route 561 U.S.-Mexico certificate such act, executive order, regulation, or advisory committee. Only one collection authority to provide seasonal scheduled procedure as amended from time to is expected per individual. air transportation of persons, property time. Annual Estimated Burden: 35 hours. and mail between the additional U.S.- This delegation shall enter into effect Comments are invited on: Whether Mexico city-pairs currently operated by upon signature and shall expire upon the proposed collection of information Continental. the appointment and entry upon duty of is necessary for the proper performance a new Assistant Secretary for Docket Number: OST–2005–23461. of the functions of the Department, Administration. including whether the information will Date Filed: December 22, 2005. This delegation of authority shall be have practical utility; the accuracy of published in the Federal Register. Due Date for Answers, Conforming the Department’s estimate of the burden Applications, or Motion to Modify Dated: January 4, 2006. of the proposed information collection; Scope: January 12, 2006. Henrietta H. Fore, ways to enhance the quality, utility and Description: Application of Virgin Under Secretary for Management, clarity of the information to be Department of State. collected; and ways to minimize the Nigeria Airways Limited requesting [FR Doc. E6–568 Filed 1–18–06; 8:45 am] burden of the collection of information authority to engage in foreign scheduled and charter air transportation of BILLING CODE 4710–35–P on respondents, including the use of automated collection techniques or persons, property and mail between other forms of information technology. Nigeria and the United States. DEPARTMENT OF TRANSPORTATION Issued in Washington, DC, on January 10, Docket Number: OST–2005–23467. 2006. Date Filed: December 23, 2005. Office of the Secretary Steven B. Lott, Due Date for Answers, Conforming Manager, Strategic Integration, IT Investment Reports, Forms and Recordkeeping Management Office. Applications, or Motion to Modify Requirements; Agency Information [FR Doc. E6–573 Filed 1–18–06; 8:45 am] Scope: January 13, 2006. Collection Activity Under OMB Review BILLING CODE 4910–62–P Description: Application of Arrow AGENCY: Office of the Secretary, DOT. Panama, S.A. requesting a foreign air carrier permit authorizing it to engage in ACTION: Notice and request for DEPARTMENT OF TRANSPORTATION comments. scheduled air transportation of property and mail from points behind the Office of the Secretary SUMMARY: In accordance with the Republic of Panama, via the Republic of Paperwork Reduction Act of 1995 (44 Notice of Applications for Certificates Panama and intermediate points to a U.S.C. Chapter 35, as amended) this of Public Convenience and Necessity point or points in the United States, and notice announces the Department of and Foreign Air Carrier Permits Filed beyond. Transportation’s (DOT) intention to Under Subpart B (Formerly Subpart Q) Renee V. Wright, request an extension without change for During the Week Ending December 23, Program Manager, Docket Operations, a currently approved information 2005 collection. The Federal Register Notice Federal Register Liaison. with a 60-day comment period soliciting The following Applications for [FR Doc. E6–574 Filed 1–18–06; 8:45 am] comments on the following collection of Certificates of Public Convenience and BILLING CODE 4910–62–P information was published on Necessity and Foreign Air Carrier November 9, 2005 (FR Vol. 70, No. 216, Permits were filed under Subpart B page 68126). No comments were (formerly Subpart Q) of the Department received. of Transportation’s Procedural
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DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Ron Fisher, Office of Planning and Federal Aviation Administration Federal Transit Administration Environment, telephone (202) 366– [Docket Number: FTA–2006–23636] 4033, Federal Transit Administration, Notice of Availability of Final U.S. Department of Transportation, 400 Environmental Assessment with a Notice of Availability of Guidance on Seventh Street, SW., Washington, DC Finding of No Significant Impact and New Starts Policies and Procedures 20590 or [email protected]. Record of Decision (FONSI/ROD) for and Request for Comments SUPPLEMENTARY INFORMATION: the Midwest Airspace Enhancement AGENCY: 1. Background (MASE) Project Federal Transit Administration (FTA), DOT. On August 10, 2005, President Bush AGENCY: Federal Aviation ACTION: Notice of availability; Request signed the Safe, Accountable, Flexible, Administration, DOT. for comments. and Efficient Transportation Equity Act—A Legacy for Users (SAFETEA– SUMMARY: This notice announces the ACTION: Notice of Availability of the LU). Section 3011 of SAFETEA–LU availability of the Federal Transit MASE Final Environmental Assessment made a number of changes to 49 U.S.C. Administration’s (FTA’s) Guidance on with FONSI/ROD. 5309, which authorizes the FTA’s fixed New Starts Policies and Procedures and guideway capital investment program requests your comments on it. The SUMMARY: The Federal Aviation known as ‘‘New Starts.’’ This notice guidance explains proposed changes to Administration (FAA), Central Terminal announces the availability of FTA’s the New Starts program that will Guidance on New Starts Policies and Service Area, is issuing this notice to become effective April 30, 2006 and Procedures and requests your comment advise the public of the availability of longer-term changes to the New Starts as described below. The document is the Final Environmental Assessment program that FTA plans to be the available in the docket, which can be Final (EA) and FONSI/ROD for the subject of rulemaking in the future. FTA accessed by going to http://dms.dot.gov MASE project. requests comments on both aspects of at any time, or you can view the the guidance, which is available in FOR FURTHER INFORMATION CONTACT: Ms. document on FTA’s Web site at http:// DOT’s electronic docket and on FTA’s Annette Davis, Federal Aviation www.fta.dot.gov/ Web site. Administration, Central Terminal 15052_ENG_HTML.htm. Operations Service Area, 2300 East DATES: Comments must be received by A. New Starts Program Changes To Be Devon Avenue, Des Plaines, Illinois March 10, 2006. Late filed comments Effective April 30, 2006 60018, (847) 294–8091 or MASE Web will be considered to the extent practicable. site, http:/www.faa.gov/ats/nar/ The first purpose of the policy mase.htm. ADDRESSES: You may submit comments guidance is to solicit comments on and [identified by DOT DMS Docket Number document the changes to FTA’s New SUPPLEMENTARY INFORMATION: The FTA–2006–23636] by any of the Starts project development and program MASE project would implement new en following methods: management procedures that are route and terminal airspace procedures Web site: http://dms.dot.gov. Follow proposed to become effective on April to increase efficiency and enhance the instructions for submitting 30, 2006. The changes apply to all New safety of aircraft movements in the comments on the DOT electronic docket Starts submittals received after that date airspace overlying and beyond the site. and prior to the effective date of future Cleveland and Detroit Metropolitan Fax: 202–493–2251. New Starts rulemaking. The proposed areas. The MASE airspace redesign Mail: Docket Management Facility; improvements to the project review and U.S. Department of Transportation, 400 evaluation process and criteria include: would integrate high-altitude and en Seventh Street, SW., Nassif Building, National Environmental Policy Act route airspace changes with low-altitude PL–401, Washington, DC 20590–0001. interfaces; preservation of information terminal airspace changes to provide for Hand Delivery: Room PL–401 on the for the before and after study; a more seamless operation between the plaza level of the Nassif Building, 400 certification of technical methods, two airspace areas. In addition, MASE Seventh Street, SW., Washington, DC, planning assumptions and project would allow for more efficient between 9 a.m. and 5 p.m., Monday development procedures; development utilization of the runway configurations through Friday, except Federal holidays. of costs and ridership forecasts; project at Detroit Metropolitan Wayne County Instructions: You must include the development agreements; setting the and Cleveland Hopkins International agency name (Federal Transit New Starts maximum dollar funding airports. Overall, MASE would maintain Administration) and the docket number level at the time of final design safety while reducing delays, (FTA–2006–23636). You should submit approval; and use of mode specific accommodating growth, and two copies of your comments if you constants. Comments received will be incorporating new technology. submit them by mail. If you wish to used to develop the New Starts ratings, * * * * * receive confirmation that FTA received evaluations and procedures which will your comments, you must include a be issued in Spring 2006. FTA will Issued in Des Plaines, Illinois, on January self-addressed stamped postcard. Note respond to comments received on this 5, 2006. that all comments received will be Notice in a second Federal Register Nancy B. Kort, posted without change to the notice to be published after the close of Area Director, Central Terminal Operations Department’s Docket Management the comment period, which will Service Area. System (DMS) Web site located at announce the availability of the [FR Doc. 06–492 Filed 1–18–06; 8:45 am] http://dms.dot.gov. This means that if Reporting Instructions for the Section BILLING CODE 4910–13–M your comment includes any personal 5309 New Starts Criteria reflecting the identifying information, such changes implemented as a result of this information will be made available to policy guidance and comments received users of DMS. thereon.
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B. Long-term New Starts Program Comments should also state the of Transportation, as represented by the Changes for Future Rulemaking commenter’s interest in the waiver Maritime Administration (MARAD), is The second purpose of the policy application, and address the waiver authorized to grant waivers of the U.S.- guidance is to discuss various New criteria given in § 388.4 of MARAD’s build requirement of the coastwise laws Starts implementation issues relating to regulations at 46 CFR part 388. under certain circumstances. A request SAFETEA–LU, discuss the merits of DATES: Submit comments on or before for such a waiver has been received by alternative approaches, and solicit February 21, 2006. MARAD. The vessel, and a brief input, through a series of questions, on ADDRESSES: Comments should refer to description of the proposed service, is the options that FTA is considering. docket number MARAD–2006–23613. listed below. The complete application Issues discussed include project Written comments may be submitted by is given in DOT docket 2006–23614 at eligibility; project evaluation and hand or by mail to the Docket Clerk, http://dms.dot.gov. Interested parties may comment on the effect this action ratings; and project development U.S. DOT Dockets, Room PL–401, may have on U.S. vessel builders or procedures. Comments received will be Department of Transportation, 400 7th businesses in the U.S. that use U.S.-flag considered and addressed in future St., SW., Washington, DC 20590–0001. vessels. If MARAD determines, in rulemaking for the New Starts program, You may also send comments accordance with Pub. L. 105–383 and which FTA hopes to initiate later in electronically via the Internet at http:// MARAD’s regulations at 46 CFR part 2006. dmses.dot.gov/submit/. All comments 388 (68 FR 23084; April 30, 2003), that Issued in Washington, DC, this 12th day of will become part of this docket and will be available for inspection and copying the issuance of the waiver will have an January 2006. unduly adverse effect on a U.S.-vessel David B. Horner, at the above address between 10 a.m. and 5 p.m., E.T., Monday through builder or a business that uses U.S.-flag Chief Counsel. Friday, except Federal holidays. An vessels in that business, a waiver will [FR Doc. E6–563 Filed 1–18–06; 8:45 am] electronic version of this document and not be granted. Comments should refer BILLING CODE 4910–57–P all documents entered into this docket to the docket number of this notice and is available on the World Wide Web at the vessel name in order for MARAD to http://dms.dot.gov. properly consider the comments. DEPARTMENT OF TRANSPORTATION Comments should also state the FOR FURTHER INFORMATION CONTACT: commenter’s interest in the waiver Maritime Administration Joann Spittle, U.S. Department of application, and address the waiver Transportation, Maritime [Docket No. 2006–23613] criteria given in § 388.4 of MARAD’s Administration, MAR–830 Room 7201, regulations at 46 CFR part 388. 400 Seventh Street, SW., Washington, Requested Administrative Waiver of DATES: DC 20590. Telephone 202–366–5979. Submit comments on or before the Coastwise Trade Laws February 21, 2006. SUPPLEMENTARY INFORMATION: As ADDRESSES: AGENCY: Maritime Administration, described by the applicant the intended Comments should refer to Department of Transportation. service of the vessel ADIRONDACK is: docket number MARAD–2006–23614. Written comments may be submitted by ACTION: Invitation for public comments Intended Use: ‘‘Occasional charter of hand or by mail to the Docket Clerk, on a requested administrative waiver of short trips on Lake Superior, mostly U.S. DOT Dockets, Room PL–401, the Coastwise Trade Laws for the vessel around the Apostle Islands, but may Department of Transportation, 400 7th ADIRONDACK. include trips to Minnesota and/or Michigan.’’ St., SW., Washington, DC 20590–0001. SUMMARY: As authorized by Pub. L. 105– Geographic Region: Lake Superior, You may also send comments 383 and Pub. L. 107–295, the Secretary including Minnesota, Wisconsin and electronically via the Internet at http:// of Transportation, as represented by the Michigan. dmses.dot.gov/submit/. All comments will become part of this docket and will Maritime Administration (MARAD), is Dated: January 11, 2006. authorized to grant waivers of the U.S.- be available for inspection and copying By order of the Maritime Administrator. build requirement of the coastwise laws at the above address between 10 a.m. under certain circumstances. A request Joel C. Richard, and 5 p.m., ET, Monday through Friday, for such a waiver has been received by Secretary, Maritime Administration. except Federal holidays. An electronic MARAD. The vessel, and a brief [FR Doc. E6–562 Filed 1–18–06; 8:45 am] version of this document and all description of the proposed service, is BILLING CODE 4910–81–P documents entered into this docket is listed below. The complete application available on the World Wide Web at is given in DOT docket 2006–23613 at http://dms.dot.gov. http://dms.dot.gov. Interested parties DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Joann Spittle, U.S. Department of may comment on the effect this action Maritime Administration may have on U.S. vessel builders or Transportation, Maritime businesses in the U.S. that use U.S.-flag [Docket No. 2006–23614] Administration, MAR–830 Room 7201, vessels. If MARAD determines, in 400 Seventh Street, SW., Washington, accordance with Pub. L. 105–383 and Requested Administrative Waiver of DC 20590. Telephone 202–366–5979. the Coastwise Trade Laws MARAD’s regulations at 46 CFR part SUPPLEMENTARY INFORMATION: As 388 (68 FR 23084; April 30, 2003), that AGENCY: Maritime Administration, described by the applicant the intended the issuance of the waiver will have an Department of Transportation. service of the vessel ARCTIC unduly adverse effect on a U.S.-vessel ACTION: Invitation for public comments TRAVELLER is: builder or a business that uses U.S.-flag on a requested administrative waiver of Intended Use: ‘‘We intend to provide vessels in that business, a waiver will the Coastwise Trade Laws for the vessel hands-on Trawler operation training not be granted. Comments should refer ARCTIC TRAVELLER. emphasizing active participation in all to the docket number of this notice and aspects of offshore and inshore passage the vessel name in order for MARAD to SUMMARY: As authorized by Pub. L. 105– making. Our emphasis will be on full properly consider the comments. 383 and Pub. L. 107–295, the Secretary participation and skill development at
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all levels including trip planning, commenter’s interest in the waiver MARAD. The vessel, and a brief docking, navigation, provisioning, application, and address the waiver description of the proposed service, is anchoring, watch standing, engine room criteria given in § 388.4 of MARAD’s listed below. The complete application maintenance and troubleshooting, regulations at 46 CFR Part 388. is given in DOT docket 2006–23615 at weather forecasting, basic safety DATES: Submit comments on or before http://dms.dot.gov. Interested parties procedures, etc. Trips will not focus on February 21, 2006. may comment on the effect this action fishing, sight seeing, hunting, kayaking, ADDRESSES: Comments should refer to may have on U.S. vessel builders or whale watching, wildlife viewing or docket number MARAD–2006 23616. businesses in the U.S. that use U.S.-flag other full service cruise experiences. Written comments may be submitted by vessels. If MARAD determines, in Clients will be expected to participate in hand or by mail to the Docket Clerk, accordance with Pub. L. 105–383 and all aspects of voyaging including U.S. DOT Dockets, Room PL–401, MARAD’s regulations at 46 CFR part provisioning, food preparation and Department of Transportation, 400 7th 388 (68 FR 23084; April 30, 2003), that storage, housekeeping, etc.’’ St., SW., Washington, DC 20590–0001. the issuance of the waiver will have an Geographic Region: The coastal areas You may also send comments unduly adverse effect on a U.S.-vessel of California, Oregon, Washington and electronically via the Internet at http:// builder or a business that uses U.S.-flag the Inside Passage to Alaska. dmses.dot.gov/submit/. All comments vessels in that business, a waiver will Dated: January 11, 2006. will become part of this docket and will not be granted. Comments should refer By order of the Maritime Administrator. be available for inspection and copying to the docket number of this notice and the vessel name in order for MARAD to Joel C. Richard, at the above address between 10 a.m. properly consider the comments. Secretary, Maritime Administration. and 5 p.m., E.T., Monday through Friday, except federal holidays. An Comments should also state the [FR Doc. E6–561 Filed 1–18–06; 8:45 am] electronic version of this document and commenter’s interest in the waiver BILLING CODE 4910–81–P all documents entered into this docket application, and address the waiver is available on the World Wide Web at criteria given in § 388.4 of MARAD’s regulations at 46 CFR part 388. DEPARTMENT OF TRANSPORTATION http://dms.dot.gov. FOR FURTHER INFORMATION CONTACT: DATES: Submit comments on or before Maritime Administration Joann Spittle, U.S. Department of February 21, 2006. Transportation, Maritime [Docket No. 2006 23616] ADDRESSES: Comments should refer to Administration, MAR–830 Room 7201, docket number MARAD–2006 23615. Requested Administrative Waiver of 400 Seventh Street, SW., Washington, Written comments may be submitted by the Coastwise Trade Laws DC 20590. Telephone 202–366–5979. hand or by mail to the Docket Clerk, SUPPLEMENTARY INFORMATION: As U.S. DOT Dockets, Room PL–401, AGENCY: Maritime Administration, described by the applicant the intended Department of Transportation, 400 7th Department of Transportation. service of the vessel CECILIA is: St., SW., Washington, DC 20590–0001. ACTION: Invitation for public comments Intended Use: ‘‘Dinner cruises, You may also send comments on a requested administrative waiver of Sightseeing cruises.’’ electronically via the Internet at http:// the Coastwise Trade Laws for the vessel Geographic Region: South Florida. dmses.dot.gov/submit/. All comments CECILIA. Dated: January 11, 2006. will become part of this docket and will By order of the Maritime Administrator. be available for inspection and copying SUMMARY: As authorized by Pub. L. 105– Joel C. Richard, at the above address between 10 a.m. 383 and Pub. L. 107–295, the Secretary and 5 p.m., E.T., Monday through of Transportation, as represented by the Secretary, Maritime Administration. [FR Doc. E6–577 Filed 1–18–06; 8:45 am] Friday, except federal holidays. An Maritime Administration (MARAD), is electronic version of this document and BILLING CODE 4910–81–P authorized to grant waivers of the U.S.- all documents entered into this docket build requirement of the coastwise laws is available on the World Wide Web at under certain circumstances. A request http://dms.dot.gov. for such a waiver has been received by DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: MARAD. The vessel, and a brief Maritime Administration description of the proposed service, is Joann Spittle, U.S. Department of listed below. The complete application [Docket No. 2006 23615] Transportation, Maritime is given in DOT docket 2006–23616 at Administration, MAR–830 Room 7201, http://dms.dot.gov. Interested parties Requested Administrative Waiver of 400 Seventh Street, SW., Washington, may comment on the effect this action the Coastwise Trade Laws DC 20590. Telephone 202–366–5979. may have on U.S. vessel builders or AGENCY: Maritime Administration, SUPPLEMENTARY INFORMATION: As businesses in the U.S. that use U.S.-flag Department of Transportation. described by the applicant the intended vessels. If MARAD determines, in ACTION: Invitation for public comments service of the vessel MO–JO is: accordance with Pub. L. 105–383 and on a requested administrative waiver of Intended Use: ‘‘Sportfishing MARAD’s regulations at 46 CFR Part the Coastwise Trade Laws for the vessel Charters.’’ 388 (68 FR 23084; April 30, 2003), that MO–JO. Geographic Region: Florida’s East the issuance of the waiver will have an Coast/Fort Pierce area and surrounding unduly adverse effect on a U.S.-vessel SUMMARY: As authorized by Pub. L. 105– waters. builder or a business that uses U.S.-flag 383 and Pub. L. 107–295, the Secretary Dated: January 11, 2006. vessels in that business, a waiver will of Transportation, as represented by the not be granted. Comments should refer Maritime Administration (MARAD), is By order of the Maritime Administrator. to the docket number of this notice and authorized to grant waivers of the U.S.- Joel C. Richard, the vessel name in order for MARAD to build requirement of the coastwise laws Secretary, Maritime Administration. properly consider the comments. under certain circumstances. A request [FR Doc. E6–560 Filed 1–18–06; 8:45 am] Comments should also state the for such a waiver has been received by BILLING CODE 4910–81–P
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DEPARTMENT OF TRANSPORTATION number cited at the beginning of this report pursuant to 49 CFR part 573, notice and be submitted by any of the ‘‘Defect and Noncompliance Reports.’’ National Highway Traffic Safety following methods. Mail: Docket Pursuant to 49 U.S.C. 30118(d) and Administration Management Facility, U.S. Department 30120(h), Pacific Coast has petitioned [Docket No. NHTSA–2006–23554; Notice 1] of Transportation, Nassif Building, for an exemption from the notification Room PL–401, 400 Seventh Street, SW., and remedy requirements of 49 U.S.C. Kawasaki Motors Corp., U.S.A., Washington, DC 20590–0001. Hand Chapter 301 on the basis that this Receipt of Petition for Decision of Delivery: Room PL–401 on the plaza noncompliance is inconsequential to Inconsequential Noncompliance level of the Nassif Building, 400 motor vehicle safety. Seventh Street, SW., Washington, DC. It This notice of receipt of Pacific Kawasaki Motors Corp., U.S.A. is requested, but not required, that two Coast’s petition is published under 49 (Kawasaki) has determined that the tires copies of the comments be provided. U.S.C. 30118 and 30120 and does not on certain motorcycles that it imported The Docket Section is open on represent any agency decision or other do not comply with S6.5(d) of 49 CFR weekdays from 10 a.m. to 5 p.m. except exercise of judgment concerning the 571.119, Federal Motor Vehicle Safety Federal Holidays. Comments may be merits of the petition. Standard (FMVSS) No. 119, ‘‘New submitted electronically by logging onto Affected are a total of approximately pneumatic tires for vehicles other than the Docket Management System Web 780 tires produced in March 2005 by passenger cars.’’ Kawasaki has filed an site at http://dms.dot.gov. Click on Linglong Rubber Company in China and appropriate report pursuant to 49 CFR ‘‘Help’’ to obtain instructions for filing imported by Pacific Coast in April 2005. part 573, ‘‘Defect and Noncompliance the document electronically. Comments One requirement of S6.5 of FMVSS No. Reports.’’ may be faxed to 1–202–493–2251, or 119, tire markings, is that the tire Pursuant to 49 U.S.C. 30118(d) and may be submitted to the Federal identification shall comply with 49 CFR 30120(h), Kawasaki has petitioned for eRulemaking Portal: go to http:// Part 574, ‘‘Tire Identification and an exemption from the notification and www.regulations.gov. Follow the online Recordkeeping,’’ which includes the remedy requirements of 49 U.S.C. instructions for submitting comments. marking requirements of 574.5(b) DOT Chapter 301 on the basis that this size code. The subject tires are missing The petition, supporting materials, noncompliance is inconsequential to the required tire size code. and all comments received before the motor vehicle safety. Pacific Coast believes that the This notice of receipt of Kawasaki’s close of business on the closing date noncompliance is inconsequential to petition is published under 49 U.S.C. indicated below will be filed and will be motor vehicle safety and that no 30118 and 30120 and does not represent considered. All comments and corrective action is warranted. Pacific any agency decision or other exercise supporting materials received after the Coast explains that, as a result of mold judgment concerning the merits of the closing date will also be filed and will cleaning and repair, some of the tire size petition. be considered to the extent possible. code symbols were not restamped after Affected are the tires on a total of When the petition is granted or denied, repair, and worn symbols were not re- approximately 2,655 motorcycles which notice of the decision will be published traced. Pacific Coast states that ‘‘the tire were manufactured between June 14, in the Federal Register pursuant to the size is embossed in very larger (sic) 2003 and October 27, 2005. S6.5(d) of authority indicated below. raised characters on both sidewalls and FMVSS No. 119 requires that the Comment closing date: February 21, [is] easily identifiable from a great maximum load rating and 2006. distance.’’ The petitioner states that as corresponding inflation pressure of the Authority: 49 U.S.C. 30118, 30120: a result, there is no confusion as to the tires be marked on the tire in both delegations of authority at CFR 1.50 and tire size. English and metric units. The 501.8. Interested persons are invited to noncompliant tires do not have the submit written data, views, and Issued on: January 12, 2006. metric markings. arguments on this petition. Comments Kawasaki believes that the Daniel C. Smith, must refer to the docket and notice noncompliance is inconsequential to Associate Administrator for Enforcement. number cited at the beginning of this motor vehicle safety and that no [FR Doc. 06–463 Filed 1–18–06; 8:45 am] notice and be submitted by any of the corrective action is warranted. Kawasaki BILLING CODE 4910–59–M following methods. Mail: Docket states that there is little or no reason to Management Facility, U.S. Department expect an owner of these vehicles to of Transportation, Nassif Building, have difficulty inflating the tires DEPARTMENT OF TRANSPORTATION Room PL–401, 400 Seventh Street, SW., properly or understanding the loading Washington, DC, 20590–0001. Hand National Highway Traffic Safety information ‘‘since the motorcycle Delivery: Room PL–401 on the plaza Administration owner is provided with the appropriate level of the Nassif Building, 400 information in English units, which are Seventh Street, SW., Washington, DC. It [Docket No. NHTSA–2006–23553; Notice 1] far more prevalent in use in the United is requested, but not required, that two States.’’ Further, Kawasaki states that Pacific Coast Retreaders, Inc., Receipt copies of the comments be provided. the motorcycles are small and most of Petition for Decision of The Docket Section is open on often used for short distance Inconsequential Noncompliance weekdays from 10 a.m. to 5 p.m. except commuting, and therefore ‘‘not likely to Federal Holidays. Comments may be be ridden outside of the United States Pacific Coast Retreaders, Inc. (Pacific submitted electronically by logging onto to jurisdictions where tire inflation Coast) has determined that certain tires the Docket Management System Web equipment would be less likely to be that it imported do not comply with site at http://dms.dot.gov. Click on calibrated in English units.’’ S6.5(b) of 49 CFR 571.119, Federal ‘‘Help’’ to obtain instructions for filing Interested persons are invited to Motor Vehicle Safety Standard (FMVSS) the document electronically. Comments submit written data, views, and No. 119, ‘‘New pneumatic tires for may be faxed to 1–202–493–2251, or arguments on this petition. Comments vehicles other than passenger cars.’’ may be submitted to the Federal must refer to the docket and notice Pacific Coast has filed an appropriate eRulemaking Portal: go to http://
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www.regulations.gov. Follow the online removable only by use of a screwdriver or Theft protection of vehicles is instructions for submitting comments. other tool. addressed under S4.2 of the standard. The petition, supporting materials, (b) Notwithstanding S4.2.1, each vehicle Section 4.2(b) can be met by preventing and all comments received before the specified therein may have a device which, when activated, permits moving the ‘‘either steering or forward self-mobility close of business on the closing date transmission shift lever from ‘‘park’’ after the of the vehicle or both.’’ Therefore, an indicated below will be filed and will be removal of the key. The device shall either equivalent level of theft protection is considered. All comments and be operable: provided by preventing either steering supporting materials received after the (1) By the key, as defined in S3; or or forward self-mobility. closing date will also be filed and will (2) By another means, provided that NHTSA amended FMVSS No. 114 in be considered to the extent possible. steering is prevented when the key is 1990 to require that vehicles with an When the petition is granted or denied, removed from the ignition, and provided that automatic transmission and a ‘‘park’’ the means for activating the device is covered notice of the decision will be published by a non-transparent surface which, when position be shifted to ‘‘park’’ or become in the Federal Register pursuant to the installed, prevents sight of and activation of locked in park before the key can be authority indicated below. the device. The covering surface shall be removed to reduce incidents of vehicle Comment closing date: February 21, removable only by use of a screwdriver or rollaway. S4.2.2(a) was added in 1991 to 2006. other tool. permit key removal when an electrical (Authority: 49 U.S.C. 30118, 30120: The subject vehicles are equipped failure occurred and the transmission delegations of authority at CFR 1.50 and with an override device but the steering could not be manually shifted into park, 501.8.) wheel may not lock under some provided that steering was prevented for Issued on: January 12, 2006. circumstances when the key is removed. theft protection. The forward self- Daniel C. Smith, Nissan believes that the mobility feature does not prevent Associate Administrator for Enforcement. noncompliance is inconsequential to vehicle rollaway by itself. However, the parking brake used in combination with [FR Doc. E6–522 Filed 1–18–06; 8:45 am] motor vehicle safety and that no corrective action is warranted. Nissan the forward self-mobility feature will BILLING CODE 4910–59–P states that the vehicles are equipped prevent rollaway. with an engine control module In addition, as Nissan states in its DEPARTMENT OF TRANSPORTATION immobilizer system which prevents petition, NHTSA recently granted forward movement of the vehicle if the inconsequential noncompliance National Highway Traffic Safety key is not present. petitions for similar noncompliances by Administration Nissan points out that NHTSA Bentley (69 FR 67211, 11/16/04), recently granted inconsequential Volkswagen (69 FR 67211, 11/16/04), [Docket No. NHTSA 2005–22969; Notice 2] noncompliance petitions for similar and Porsche (70 FR 32398, 6/2/05). Nissan North America, Inc., Grant of noncompliances by Bentley, In consideration of the foregoing, Petition for Decision of Volkswagen, and Porsche. Nissan also NHTSA has decided that the petitioner Inconsequential Noncompliance points out that NHTSA recently has met its burden of persuasion that published a Notice of Proposed the noncompliance described is Nissan North America, Inc. (Nissan) Rulemaking (70 FR 48362, 8/17/05), and inconsequential to motor vehicle safety. has determined that certain vehicles that under this proposal, the system in Accordingly, Nissan’s petition is that it produced in 2005 do not comply the subject Maximas would be allowed. granted and the petitioner is exempted with S4.2.2 of 49 CFR 571.114, Federal Nissan further states, from the obligation of providing Motor Vehicle Safety Standard (FMVSS) The requirement that the steering be locked notification of, and a remedy for, the No. 114, ‘‘Theft protection.’’ Pursuant to when the ignition key is removed through noncompliance. 49 U.S.C. 30118(d) and 30120(h), Nissan use of an ‘‘override device’’ was added to Authority: 49 U.S.C. 30118, 30120; has petitioned for a determination that S4.2.2 ‘‘to ensure that Standard No. 114’s delegations of authority at CFR 1.50 and this noncompliance is inconsequential theft protection aspects are not jeopardized.’’ 501.8. See 57 FR 2039, 2040 (January 17, 1992). In to motor vehicle safety and has filed an Issued on: January 12, 2006. appropriate report pursuant to 49 CFR the Maxima vehicles at issue here, when the key is removed through use of the ‘‘override Daniel C. Smith, part 573, ‘‘Defect and Noncompliance device,’’ which will occur rarely if at all, the Associate Administrator for Enforcement. Reports.’’ Notice of receipt of a petition immobilizer will prevent the vehicle from was published, with a 30-day comment being jump-started without the electronically [FR Doc. E6–524 Filed 1–18–06; 8:45 am] period, on November 18, 2005, in the coded ignition key, because the key-code is BILLING CODE 4910–59–P Federal Register (70 FR 70026). NHTSA recorded in the engine control module and received no comments. cannot be electrically bypassed. DEPARTMENT OF TRANSPORTATION Affected are a total of approximately NHTSA agrees with Nissan that the 3400 Nissan Maximas produced noncompliance is inconsequential to Surface Transportation Board between March 29, 2005 and May 26, safety. The agency issued an 2005. S4.2.2 of FMVSS No. 114 requires interpretation letter to an unnamed [STB Docket No. AB–600 (Sub-No. 1X)] that, person on September 24, 2004, which stated in pertinent part as follows: Yakima Interurban Lines Association— (a) Notwithstanding S4.2.1, provided that Abandonment Exemption—in Yakima steering is prevented upon the key’s removal, The engine control module immobilizer County, WA each vehicle specified therein may permit described in your letter satisfies the key removal when electrical failure of this requirements of S4.2(b) because it locks out Yakima Interurban Lines Association system (including battery discharge) occurs the engine control module if an attempt is (YILA) has filed a notice of exemption or may have a device which, when activated, made to start the vehicle without the correct under 49 CFR 1152 Subpart F—Exempt permits key removal. The means for key or to bypass the electronic ignition activating any such device shall be covered system. When the engine control module is Abandonments to abandon a line of by a non-transparent surface which, when locked, the vehicle is not capable of forward railroad known as the Naches Branch, installed, prevents sight of and activation of self-mobility because it is incapable of from milepost 2.97 (near Yakima) to the device. The covering surface shall be moving forward under its own power. milepost 14.26 (near Naches), a distance
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of approximately 11.29 miles in Yakima Board, 1925 K Street, NW., Washington, (44 U.S.C. 3501–3521), this notice County, WA. The line traverses United DC 20423–0001. announces that the Veterans Health States Postal Service Zip Codes 98902, A copy of any petition filed with the Administration (VHA), Department of 98904, 98908, and 98937.1 Board should be sent to applicant’s Veterans Affairs, has submitted the YILA has certified that: (1) No local representative: Charles H. Montange, collection of information abstracted traffic has moved over the line for at 426 NW. 162nd St., Seattle, WA 98177. below to the Office of Management and If the verified notice contains false or least 2 years; (2) there is no overhead Budget (OMB) for review and comment. misleading information, the exemption traffic on the line; (3) no formal The PRA submission describes the is void ab initio. nature of the information collection and complaint filed by a user of rail service YILA has filed an environmental its expected cost and burden; it includes on the line (or by a state or local report which addresses the effects, if the actual data collection instrument. government entity acting on behalf of any, of the abandonment on the DATES: Comments must be submitted on such user) regarding cessation of service environment and historic resources. over the line either is pending with the or before February 21, 2006. SEA will issue an environmental For Further Information or a Copy of Surface Transportation Board (Board) or assessment (EA) by January 24, 2006. with any U.S. District Court or has been the Submission Contact: Denise Interested persons may obtain a copy of McLamb, Records Management Service decided in favor of complainant within the EA by writing to SEA (Room 500, (005E3), Department of Veterans Affairs, the 2-year period; and (4) the Surface Transportation Board, 810 Vermont Avenue, NW., requirements of 49 CFR 1105.7 Washington, DC 20423) or by calling Washington, DC 20420, (202) 565–8374, (environmental report), 49 CFR 1105.8 SEA, at (202) 565–1539. [Assistance for FAX (202) 565–6590 or e-mail: (historic report), 49 CFR 1105.11 the hearing impaired is available [email protected]. Please (transmittal letter), 49 CFR 1105.12 through the Federal Information Relay refer to ‘‘OMB Control No. 2900–0610.’’ (newspaper publication), and 49 CFR Service (FIRS) at 1–800–877–8339.] Send comments and 1152.50(d)(1) (notice to governmental Comments on environmental and recommendations concerning any agencies) have been met. historic preservation matters must be aspect of the information collection to As a condition to the exemption, any filed within 15 days after the EA VA’s OMB Desk Officer, OMB Human employee adversely affected by the becomes available to the public. Resources and Housing Branch, New abandonment shall be protected under Environmental, historic preservation, Executive Office Building, Room 10235, Oregon Short Line R. Co.— public use, or trail use/rail banking Washington, DC 20503 (202) 395–7316. Abandonment—Goshen, 360 I.C.C. 91 conditions will be imposed, where Please refer to ‘‘OMB Control No. 2900– (1979). To address whether this appropriate, in a subsequent decision. 0610’’ in any correspondence. Pursuant to the provisions of 49 CFR condition adequately protects affected SUPPLEMENTARY INFORMATION: 1152.29(e)(2), YILA shall file a notice of employees, a petition for partial Title: Ecclesiastical Endorsing consummation with the Board to signify revocation under 49 U.S.C. 10502(d) Organization, Request to Designate that it has exercised the authority must be filed. Ecclesiastical Endorsing Official, VA granted and fully abandoned the line. If Form 10–0379. Provided no formal expression of consummation has not been effected by intent to file an offer of financial OMB Control Number: 2900–0610. YILA’s filing of a notice of Type of Review: Extension of a assistance (OFA) has been received, the consummation by January 19, 2007, and exemption will be effective on February currently approved collection. there are no legal or regulatory barriers Abstract: The information collected 18, 2006, unless stayed pending to consummation, the authority to reconsideration. Petitions to stay that do on VA Form 10–0379 is used to assure abandon will automatically expire. that individuals employed by VA as not involve environmental issues,2 Board decisions and notices are chaplains are qualified to provide for formal expressions of intent to file an available on our Web site at http:// the constitutional rights of veterans to OFA under 49 CFR 1152.27(c)(2),3 and www.stb.dot.gov. free exercise of religion. Applicants are trail use/rail banking requests under 49 Decided: January 12, 2006. CFR 1152.29 must be filed by January required to submit an official statement By the Board, David M. Konschnik, (‘‘ecclesiastical endorsement’’) from 30, 2006. Petitions to reopen or requests Director, Office of Proceedings. their religion or faith group, certifying for public use conditions under 49 CFR Vernon A. Williams, that they are in good standing with the 1152.28 must be filed by February 8, faith group and is qualified to perform 2006, with: Surface Transportation Secretary. [FR Doc. E6–500 Filed 1–18–06; 8:45 am] the full range of ministry required in VA setting. VA uses this information to 1 YILA seeks exemption from 49 U.S.C. 10904 BILLING CODE 4915–01–P (offer of financial assistance procedures). Also determine (1) who the faith group included with the verified notice of exemption is designates as its endorsing official(s); (2) a request on behalf of Yakima County for issuance DEPARTMENT OF VETERANS whether the faith group provides of a notice of interim trail use pursuant to section AFFAIRS ministry to a lay constituency; and (3) 8(d) of the National Trails System Act, 16 U.S.C. what is the constituency to which 1247(d). The Board will address these requests in [OMB Control No. 2900–0610] a subsequent decision. person endorsed by this group may 2 minister. The Board will grant a stay if an informed Agency Information Collection decision on environmental issues (whether raised An agency may not conduct or Activities Under OMB Review by a party or by the Board’s Section of sponsor, and a person is not required to Environmental Analysis (SEA) in its independent investigation) cannot be made before the AGENCY: Veterans Health respond to a collection of information exemption’s effective date. See Exemption of Out- Administration, Department of Veterans unless it displays a currently valid OMB of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any Affairs. control number. The Federal Register request for a stay should be filed as soon as possible Notice with a 60-day comment period so that the Board may take appropriate action before ACTION: Notice. the exemption’s effective date. soliciting comments on this collection 3 Each OFA must be accompanied by a $1,200 SUMMARY: In compliance with the of information was published on filing fee. See 49 CFR 1002.2(f)(25). Paperwork Reduction Act (PRA) of 1995 October 5, 2005, at page 58256.
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Affected Public: Business or other for- Management and Budget (OMB) for each d. Work-Study Agreement (Student profit. collection of information they conduct Services), VA Form 22–8692b—1,417 Estimated Annual Burden: 8 hours. or sponsor. This request for comment is hours. Estimated Average Burden Per being made pursuant to section Estimated Average Burden Per Respondent: 45 minutes. 3506(c)(2)(A) of the PRA. Respondent: Frequency of Response: On occasion. With respect to the following a. Application for Work-Study Estimated Number of Respondents: collection of information, VBA invites Allowance (Chapters 30, 31, 32 or 35, 10. comments on: (1) Whether the proposed Title 38, U.S.C.; Chapter 1606 and By direction of the Secretary. collection of information is necessary 1607), VA Form 22–8691—15 minutes. Dated: January 3, 2006. for the proper performance of VBA’s b. Student Work-Study Agreement (Student Services), VA Form 22–8692— Denise McLamb, functions, including whether the information will have practical utility; 5 minutes. Program Analyst, Records Management c. Extended Student Work-Study Service. (2) the accuracy of VBA’s estimate of the burden of the proposed collection of Agreement, VA Form 22–8692a—3 [FR Doc. E6–501 Filed 1–18–06; 8:45 am] information; (3) ways to enhance the minutes. BILLING CODE 8320–01–P quality, utility, and clarity of the d. Work-Study Agreement (Student information to be collected; and (4) Services), VA Form 22–8692b—5 minutes. DEPARTMENT OF VETERANS ways to minimize the burden of the Frequency of Response: Semi- AFFAIRS collection of information on respondents, including through the use Annually. [OMB Control No. 2900–0209] of automated collection techniques or Estimated Number of Respondents: the use of other forms of information 73,000. Proposed Information Collection technology. a. Application for Work-Study Activity: Proposed Collection; Titles: Allowance (Chapters 30, 31, 32 or 35, Comment Request a. Application for Work-Study Title 38 U.S.C.; Chapter 1606 and 1607), AGENCY: Veterans Benefits Allowance (Chapters 30, 31, 32 or 35, VA Form 22–8691—36,500. Administration, Department of Veterans Title 38, U.S.C.; Chapter 1606 and b. Student Work-Study Agreement Affairs. 1607), VA Form 22–8691. (Student Services), VA Form 22–8692— 14,000. ACTION: Notice. b. Student Work-Study Agreement (Student Services), VA Form 22–8692. c. Extended Student Work-Study SUMMARY: The Veterans Benefits c. Extended Student Work-Study Agreement, VA Form 22–8692a—5,500. Administration (VBA), Department of Agreement, VA Form 22–8692a. d. Work-Study Agreement (Student Veterans Affairs (VA), is announcing an d. Work-Study Agreement (Student Services), VA Form 22–8692b—17,000. opportunity for public comment on the Services), VA Form 22–8692b. Dated: January 3, 2006. proposed collection of certain OMB Control Number: 2900–0209. By direction of the Secretary. information by the agency. Under the Type of Review: Revision of a Denise McLamb, Paperwork Reduction Act (PRA) of currently approved collection. Program Analyst, Records Management 1995, Federal agencies are required to Abstract: Service. publish notice in the Federal Register a. Eligible veterans, reservists, and [FR Doc. E6–502 Filed 1–18–06; 8:45 am] concerning each proposed collection of survivors or dependents complete VA BILLING CODE 8320–01–P information, including each proposed Form 22–8691 to apply for work-study revision of a currently approved benefits. collection and allow 60 days for public b. VA Form 22–8692 is used by DEPARTMENT OF VETERANS comment in response to the notice. This claimants to request an advance AFFAIRS notice solicits comments for information payment of work-study allowance. [OMB Control No. 2900–New] needed to determine a claimant’s c. VA Form 22–8692a is used by the eligibility for work-study benefits. claimant to extend his or her work- Proposed Information Collection DATES: Written comments and study contract. Activity: Proposed Collection; recommendations on the proposed d. VA Form 22–8692b is used by Comment Request collection of information should be claimants who do not want a work- received on or before March 20, 2006. study advanced allowance payment. AGENCY: Veterans Benefits Administration, Department of Veterans ADDRESSES: Submit written comments VA uses the data collected to determine Affairs. on the collection of information to the applicant’s eligibility for work-study Nancy J. Kessinger, Veterans Benefits allowance and the amount payable. ACTION: Notice. Administration (20M35), Department of Affected Public: Individuals or SUMMARY: The Veterans Benefits Veterans Affairs, 810 Vermont Avenue, households. NW., Washington, DC 20420 or e-mail: Administration (VBA), Department of Estimated Annual Burden: 11,984. [email protected]. Please refer to Veterans Affairs (VA), is announcing an a. Application for Work-Study ‘‘OMB Control No. 2900–0209’’ in any opportunity for public comment on the Allowance (Chapters 30, 31, 32 or 35, correspondence. proposed collection of certain Title 38, U.S.C., Chapter 1606 and information by the agency. Under the FOR FURTHER INFORMATION CONTACT: 1607), VA Form 22–8691—9,125 hours. Paperwork Reduction Act (PRA) of Nancy J. Kessinger at (202) 273–7079 or b. Student Work-Study Agreement 1995, Federal agencies are required to FAX (202) 275–5947. (Student Services), VA Form 22–8692— publish notice in the Federal Register SUPPLEMENTARY INFORMATION: Under the 1,167 hours. concerning each proposed collection of PRA of 1995 (Pub. L. 104–13; 44 U.S.C. c. Extended Student Work-Study information, including each existing 3501—3521), Federal agencies must Agreement, VA Form 22–8692a—275 collection in use without an OMB obtain approval from the Office of hours. Control Number, and allow 60 days for
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public comment in response to the Dated: January 9, 2006. or sponsor. This request for comment is notice. This notice solicits comments on By direction of the Secretary. being made pursuant to section information needed to change or correct Denise McLamb, 3506(c)(2)(A) of the PRA. an insured claimant’s name. Program Analyst, Records Management With respect to the following DATES: Written comments and Service. collection of information, VBA invites recommendations on the proposed [FR Doc. E6–503 Filed 1–18–06; 8:45 am] comments on: (1) Whether the proposed collection of information should be BILLING CODE 8320–01–P collection of information is necessary received on or before March 20, 2006. for the proper performance of VBA’s ADDRESSES: Submit written comments functions, including whether the on the collection of information to DEPARTMENT OF VETERANS information will have practical utility; Nancy J. Kessinger, Veterans Benefits AFFAIRS (2) the accuracy of VBA’s estimate of the Administration (20M35), Department of [OMB Control No. 2900–0386] burden of the proposed collection of Veterans Affairs, 810 Vermont Avenue, information; (3) ways to enhance the NW., Washington, DC 20420 or e-mail: Proposed Information Collection quality, utility, and clarity of the [email protected]. Please refer to Activity: Proposed Collection; information to be collected; and (4) ‘‘OMB Control No. 2900–New’’ in any Comment Request ways to minimize the burden of the correspondence. collection of information on AGENCY: Veterans Benefits FOR FURTHER INFORMATION CONTACT: respondents, including through the use Administration, Department of Veterans Nancy J. Kessinger at (202) 273–7079 or of automated collection techniques or Affairs. FAX (202) 275–5947. the use of other forms of information ACTION: Notice. SUPPLEMENTARY INFORMATION: Under the technology. PRA of 1995 (Pub. L. 104–13; 44 U.S.C. SUMMARY: The Veterans Benefits Title: Interest Rate Reduction 3501–3521), Federal agencies must Administration (VBA), Department of Refinancing Loan Worksheet, VA Form obtain approval from the Office of Veterans Affairs (VA), is announcing an 26–8923. Management and Budget (OMB) for each opportunity for public comment on the OMB Control Number: 2900–0386. collection of information they conduct proposed collection of certain or sponsor. This request for comment is Type of Review: Extension of a information by the agency. Under the currently approved collection. being made pursuant to section Paperwork Reduction Act (PRA) of 3506(c)(2)(A) of the PRA. 1995, Federal agencies are required to Abstract: Title 38 U.S.C., section With respect to the following publish notice in the Federal Register 3729(a) requires VA to collect a funding collection of information, VBA invites concerning each proposed collection of fee in connection with guaranteed or comments on: (1) Whether the proposed information, including each proposed direct loans. The fee is payable for both collection of information is necessary extension of a currently approved home and manufactured home loans. To for the proper performance of VBA’s collection, and allow 60 days for public be eligible for the guaranty, lenders functions, including whether the comment in response to the notice. This must submit VA Form 26–8923, and VA information will have practical utility; notice solicits comments for information Form 26–1820, Report and Certification (2) the accuracy of VBA’s estimate of the needed to determine whether lenders of Loan Disbursement when requesting burden of the proposed collection of computed the loan amount on interest a guaranty on an interest rate reduction information; (3) ways to enhance the rate reduction refinancing loans refinancing loan and provide a receipt quality, utility, and clarity of the properly. as proof that the funding fee was paid information to be collected; and (4) or evidence that the claimant is exempt ways to minimize the burden of the DATES: Written comments and from such fee. VA uses the data collection of information on recommendations on the proposed collected to ensure lenders correctly respondents, including through the use collection of information should be compute the funding fee and the of automated collection techniques or received on or before March 20, 2006. maximum permissible loan amount for the use of other forms of information ADDRESSES: Submit written comments interest rate reduction refinancing loans. technology. on the collection of information to Affected Public: Business or other for Title: Certification of Change or Nancy J. Kessinger, Veterans Benefits profit. Correction of Name, VA Form 29–586. Administration (20M35), Department of OMB Control Number: 2900–New. Veterans Affairs, 810 Vermont Avenue, Estimated Annual Burden: 6,667 Type of Review: Existing collection in NW., Washington, DC 20420 or hours. use without an OMB Control Number. mailto:[email protected]. Please Estimated Average Burden Per Abstract: Claimants complete VA refer to ‘‘OMB Control No. 2900–0386’’ Respondent: 10 minutes. Form 29–586 to certify a change or in any correspondence. Frequency of Response: On occasion. correction to their name on Government FOR FURTHER INFORMATION CONTACT: Life Insurance policies. Estimated Number of Respondents: Nancy J. Kessinger at (202) 273–7079 or Affected Public: Individuals or 40,000. FAX (202) 275–5947. households. Dated: January 10, 2006. SUPPLEMENTARY INFORMATION: Under the Estimated Annual Burden: 20 hours. By direction of the Secretary. Estimated Average Burden Per PRA of 1995 (Pub. L. 104–13; 44 U.S.C. Respondent: 10 minutes. 3501–3521), Federal agencies must Denise McLamb, Frequency of Response: On occasion. obtain approval from the Office of Records Management Service. Estimated Number of Respondents: Management and Budget (OMB) for each [FR Doc. E6–504 Filed 1–18–06; 8:45 am] 120. collection of information they conduct BILLING CODE 8320–01–P
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Part II
Department of the Interior Fish and Wildlife Service
50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Threatened Status for Penstemon grahamii (Graham’s beardtongue) With Critical Habitat; Proposed Rule
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DEPARTMENT OF THE INTERIOR 3. You may send comments by e-mail Critical Habitat _ to fw6 [email protected]. (1) Biological, commercial trade, or Fish and Wildlife Service Please see the Public Comments other relevant data concerning any Solicited section below for file format threat (or lack thereof) to this species; 50 CFR Part 17 and other information about electronic (2) Additional information concerning RIN 1018–AU49 filing. the range, distribution, and population 4. You may fax your comments to the size of this species, including the Endangered and Threatened Wildlife Utah Field Office at 801–975–3331. locations of any additional populations Comments and materials received, as and Plants; Proposed Threatened of this species; Status for Penstemon grahamii well as supporting documentation used (3) Current or planned activities in the (Graham’s beardtongue) With Critical in the preparation of this proposed rule, subject area and their possible impacts Habitat will be available for public inspection, on this species; by appointment, during normal business (4) Reasons why any habitat should or AGENCY: Fish and Wildlife Service, hours at the Utah Field Office, 2369 should not be determined to be critical Interior. West Orton Circle, West Valley, Utah habitat for this species pursuant to ACTION: Proposed rule. 84119 (801–975–3330). section 4 of the Act; and FOR FURTHER INFORMATION CONTACT: John SUMMARY: We, the U.S. Fish and (5) Any foreseeable economic or other L. England at the above address Wildlife Service (Service), propose to impacts resulting from the proposed (telephone 801–975–3330, extension determine threatened status for designation of critical habitat. 138; facsimile 801–975–3331). Penstemon grahamii (Graham’s Our practice is to make comments, beardtongue), a plant species from SUPPLEMENTARY INFORMATION: including names and home addresses of respondents, available for public review Colorado and Utah, under the authority Public Comments Solicited of the Endangered Species Act of 1973, during regular business hours. The Service expects any final rule as amended (Act). P. grahamii exists in Individual respondents may request that resulting from this proposal to be as a series of small populations that extend we withhold their home address from accurate and as effective as possible. in a narrow band from Raven Ridge west the rulemaking record, which we will Therefore, comments or suggestions of the town of Rangely in Rio Blanco honor to the extent allowable by law. In from the public, other concerned County, Colorado, westward to the some circumstances, we would governmental agencies, the scientific vicinity of Sand Wash near the point withhold from the rulemaking record a community, industry, or any other where Carbon, Duchesne, and Uintah respondent’s identity, as allowable by interested party concerning this Counties meet in Utah’s Uinta Basin. law. If you wish us to withhold your proposed rule are hereby solicited. Threats to the species include name or address, you must state this Comments particularly are sought degradation of the species’ habitat by oil prominently at the beginning of your concerning: and gas exploration, drilling and field comment. However, we will not development, and tar sand and oil shale Listing Rule consider anonymous comments. We will make all submissions from mining. Off-road vehicle (ORV) use, We seek specific information on any organizations or businesses, and from overutilization by domestic and wild available preliminary results from the individuals identifying themselves as grazers, and overutilization for recent lease nominations for research, representatives or officials of horticultural use may also affect some development, and demonstration of oil populations. These threats, in shale recovery technologies on Bureau organizations or businesses, available combination with small population of Land Management (BLM) lands; for public inspection in their entirety. sizes and limited distribution, result in success of ongoing oil shale or tar sands Comments and materials received will species vulnerability to natural and development projects, particularly in be available for public inspection, by human-caused stochastic events. This the Green River formation; available appointment, during normal business proposal, if made final, would economic and technological analyses; hours (see ADDRESSES section). implement Federal protection provided and specific information detailing Listing by the Act. In addition, we propose to definitive effects of these operations to designate 3,503.68 acres (2,102 hectares) environmental resources, as primarily Background as critical habitat for P. grahamii in five related to losses of plant individuals, Section 12 of the Act directed the units in Rio Blanco County, Colorado, loss or fragmentation of plant habitat, Secretary of the Smithsonian Institution and Duchesne and Uintah Counties, and loss or declines in plant pollinators. to prepare a report on those plants Utah. Despite recent policy direction (e.g., considered to be endangered, DATES: Comments from all interested Energy Policy Act 2005), the long-term threatened, or extinct. On July 1, 1975, parties must be received by March 20, technological and economic feasibility the Service published a notice in the 2006. Public hearing requests must be of oil shale and tar sands development Federal Register (40 FR 27823) received by March 6, 2006. are uncertain (Bartis 2005). Our final accepting that Smithsonian report as a ADDRESSES: If you wish to comment, rule will more closely evaluate the petition to list those taxa named therein you may submit your comments and technologies and economic certainty of under section 4(c)(2) (now 4(b)(3)) of the materials concerning this proposal by oil shale and tar sand development Act, and announced our intention to any one of several methods: within the Green River formation, and review the status of those plants. 1. You may submit written comments its potential to threaten P. grahamii. Penstemon grahamii was included in and information to Henry Maddux, Similarly, although the Energy Policy that report. Field Supervisor, U.S. Fish and Wildlife Act of 2005 seems to set the stage for On June 16, 1976, we published a Service, Utah Field Office, 2369 West increased oil and gas drilling activities proposed rule in the Federal Register Orton Circle, West Valley, Utah 84119. within P. grahamii habitat, we do not (41 FR 24523) to designate 2. You may hand-deliver written have information specific to ongoing or approximately 1,700 vascular plant comments to our Office, at the above proposed actions in these areas, and we species, including Penstemon grahamii, address. request any available information. as endangered pursuant to section 4 of
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the Act. The 1978 amendments to the Act. The first petition was the initial species’ corolla (inner whorl of flower Act required that all proposals over 2 Smithsonian list of 1975 (see above). parts, the petals collectively) is years old be withdrawn. On December The second Petition was the Fund for bilaterally symmetrical with its petals 10, 1979, we published a notice of Animal’s petition of 1990. This petition fused into a floral tube. The corolla tube withdrawal (44 FR 70796) of that included 401 species the Service had is 30–38 mm (1.2–1.5 in.) long and portion of the June 16, 1976 proposal previously assigned Category 1 status in abruptly ventricose (enlarged on one that had not been made final, which its previous notices of review. On side) towards the distal part of the tube. included P. grahamii. October 8, 2002, we received a petition The corolla is strongly bilabitate (two On December 15, 1980, we published specifically for P. grahamii from five lipped), the upper lip has two lobes and a revised notice of review for native separate parties, namely—the Center for the lower lip has three lobes. The color plants in the Federal Register (45 FR Native Ecosystems, the Southern Utah of the corolla varies from light to dark 82480) designating Penstemon grahamii Wilderness Alliance, the Utah Native lavender, or pinkish, with dark violet a category 2 candidate species. Category Plant Society, the Colorado Native Plant lines in the throat of the corolla tube. 2 candidates were at that time defined Society, and the American Lands The species has four fertile stamens and as taxa for which information in the Alliance. This ‘‘second’’ petition one prominent infertile staminode (the possession of the Service indicated the reiterated biological information and infertile staminode is the classic floral probable appropriateness of listing as information on increased levels of characteristic of the Penstemon genus). either endangered or threatened, but for threat, for the most part already in our The fertile stamens lie along the roof of which sufficient information is not files. the corolla. The linear staminode is presently available to biologically We are under a court settlement to densely bearded with short stiff golden support a proposed rule. During the late submit to the Office of the Federal orange pubescence on all surfaces along 1970s and early 1980s strong interest in Register, by January 9, 2006, a proposed its entire length. The seed capsule is an oil shale development with its potential rule to list Penstemon grahamii. inverted cordate (heart) shaped for extensive disruption of much of the Species Information structure about 8–10 mm (0.03–0.04 in.) species’ known habitat accentuated our long. The species has 5–50 seeds per concern for the conservation of P. Edward Graham collected a capsule. grahamii. However, the recent discovery distinctive Penstemon from a site west We have delineated all known of a Colorado population and the lack of of the Green River and south of Sand locations with extant populations of P. surveys over the species’ entire range Wash, in southern Uintah County, Utah, grahamii into 109 occurrences. We caused us to delay action until that new on May 27, 1933, and from a site north grouped these occurrences into five information was developed. of Sand Wash on the following day units separated by unoccupied gaps in On November 28, 1983, we published (Graham, 1937). David Keck described the species range. Available population a revised notice of review in the Federal the species, Penstemon grahamii, from data information is summarized for the Register (48 FR 53640) amending our Graham’s collections in 1937 (Keck in broader units rather than each of the 1980 notice of review. The 1983 Graham, 1937). The genus Penstemon smaller occurrences (Shultz and Mutz amendment changed the candidate consists of dicotyledonous plants 1979, Neese and Smith, 1982, Borland species status of P. grahamii to category traditionally placed in the Figwort 1987, Franklin 1993, 1995, Colorado 1. Category 1 candidates are defined as family (Scrophulariaceae). The genus Natural Heritage Program 2005, Utah those taxa for which the Service has on Penstemon includes about 250 species Natural Heritage Program 2005). In file information on the biological and is almost exclusively North addition the consolidating occurrences vulnerability and threats to support the American in its distribution. The center at this scale provides for effective preparation of listing proposals. of distribution of the genus is in the identification and naming of these sites Recently completed status surveys interior west of the United States, with to land owners and managers. demonstrating very small populations Utah having over 70 species and The westernmost P. grahamii (Neese and Smith 1982; Shultz and Colorado over 60 (Welsh et al. 2003; population habitat unit, named the Sand Mutz 1979) coupled with ongoing Weber and Wittmann 2000; Cronquist et Wash Unit (Unit A) occurs in the concern for the conservation of the al. 1984). Thirty species occur in the vicinity of Sand Wash in southwestern species’ habitat from potential energy Uinta Basin of northeastern Utah and Uintah and adjacent Duchesne Counties, development resulted in this change in adjacent Colorado, the local geological Utah. This unit consists of 10 separate P. grahamii candidate status. We and floristic province of P. grahamii occurrences with a population maintained P. grahamii as a category 1 (Goodrich and Neese 1986). estimated at 135 individuals (Shultz and candidate species in subsequent Penstemon grahamii is an herbaceous Mutz 1979, Franklin 1993, Utah Natural updated notices of review. perennial plant within the sub-genus Heritage Program 2005). This In the February 28, 1996, notice of Cristati (N. Holmgren in Cronquist et al. population unit has relatively small review (61 FR 7596), we discontinued 1984). The following description of P. numbers (approximately 2 percent of the designation of category 1, 2, and 3 grahamii is adapted from D. Keck (in the species total) compared to those species. Most category 2 species were Graham 1937), N. Holmgren (in population units in the center of the removed from the notice of review and Cronquist et al. 1984), and E. Neese (in species range. This unit is the most most category 1 species were Welsh et al. 2003). Each plant has one isolated of the species population units. maintained as uncategorized candidate to three stems arising from a taproot. This portion of the species population species. Penstemon grahamii was These stems are 7–18 centimeters (cm) has minor morphological differences included as a candidate species. The (2.8–7.0 inches (in)) tall. Leaves are from the remainder of its population Service made subsequent borne in pairs opposite each other on (Shultz and Mutz 1979) and may, due to determinations of candidate species the stem and are of two different forms geographic isolation, be genetically status for P. grahamii in Federal (basal leaves and cauline leaves). divergent from the remainder of the Register notices of review. Penstemon grahamii has an species population. Penstemon grahamii was petitioned inflorescence (cluster of flowers) usually A second P. grahamii population three times for listing as endangered or of 3 to 20 flowers, although occasionally habitat unit, named the Seep Ridge Unit threatened under the provisions of the just one or two flowers are present. The (Unit B), occurs approximately 17 miles
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(mi) (27 kilometers (km)) east of the small population occurs at the eastern (mountain mahogany), Sand Wash population unit in the margin of the Evacuation Creek Chamaechaenactis scoposa (Eastwood’s Willow and Bitter Creek drainages in population unit at the Colorado-Utah chaenactis), Elymus salinus (Salina the vicinity of Sunday School Canyon border). As in the case of the Sand Wash wild-rye), Ephedra torreyana (Mormon near the Seep Ridge road in south unit, the Raven Ridge unit is at the tea), Eriogonum corymbosum (Fremont’s central Uintah County, Utah. This extreme end of the species range. As wild-buckwheat), Glossopetalon population habitat unit consists of 53 such this population is important for its spinescens (Utah greasewood), separate occurrences with an estimated representation of a portion of the full Parthenium ligulatum (low feverfew), population of 3,200 individuals (Shultz spectrum of the species genetic Tetradymia nuttallii (Nuttall’s horse- and Mutz 1979, Utah Natural Heritage diversity. bush), and Yucca harrimaniae Program 2005). This population habitat The 109 occurrences and five units of (Harriman’s yucca). P. grahamii sites at unit is the species largest with Penstemon grahamii collectively form higher elevation are occasionally within approximately 52 percent of the species the species’ known range, which is sparse pin˜ on-juniper woodland total population. distributed in a curved band about 10 dominated by Juniperus osteosperma A third P. grahamii population habitat km (6 mi) wide and about 128 km (80 (Utah juniper) and Pinus edulis unit, named the Evacuation Creek Unit mi) long. These units extend from the (Colorado pin˜ on). P. grahamii sites at (Unit C), occurs approximately 10 mi Sand Wash and adjacent Nine Mile lower elevations are occasionally within (16 km) east of the Seep Ridge unit in Creek drainages near the point where a sparse desert shrubland dominated by the Asphalt Wash and Evacuation Creek Carbon, Duchesne, and Uintah Counties, Atriplex conferitfolia (shadscale). drainages near the abandoned Gilsonite Utah, meet; then easterly across However, in both cases P. grahamii mining towns of Dragon and Rainbow. southern Uintah County to near the habitat is characterized by the sparsely This population habitat unit is in Colorado border; then northerly to a vegetated raw shale surface indicative of southeastern Uintah County, Utah, and point near the White River where the the species habitat throughout its range. adjacent Rio Blanco County, Colorado, population band moves into Colorado to The following species are in part co- and consists of 31 separate occurrences Raven Ridge, the eastern terminus of the occurring with P. grahamii and are with an estimated population of 2,550 species range (Shultz and Mutz 1979, similarly endemic and totally restricted individuals (Neese and Smith, 1982, Neese and Smith 1982, Borland 1987, to the Green River Formation: Franklin 1995, Utah Natural Heritage Franklin 1993, 1995, Colorado Natural Astragalus lutosus (Dragon milk-vetch), Program 2005). This population unit is Heritage Program 2005, Utah Natural Aquilejia barnebyi (Barneby’s the species second largest with Heritage Program 2005). The total columbine), Cirsium barnebyi approximately 41 percent of the species documented population of Penstemon (Barneby’s thistle), Cryptantha barnebyi total population. grahamii is estimated at approximately (Barneby’s catseye), C. grahamii A fourth P. grahamii population 6,200 individuals (Shultz and Mutz (Graham’s catseye), C. rollinsii (Rollins’s habitat unit, named the White River 1979, Neese and Smith, 1982, Borland Catseye), Eriogonum Ephedroides Unit (Unit D), occurs approximately 5 1987, Franklin 1993 and 1995, Colorado (ephedra wild-buckwheat), and mi (8 km) north of the Evacuation Creek Natural Heritage Program 2005, Utah Penstemon sacariosus var. albifluvis unit in Hells Hole and Weaver Canyons Natural Heritage Program 2005). (White River penstemon). Penstemon immediately south of the White River. Approximately 60 percent of the species scariosus var. albifluvis is currently a This population habitat unit is in population is on BLM managed land Federal candidate species and most of eastern Uintah County, Utah, and with the remainder on non-Federal the remainder of those in the above list consists of 9 separate occurrences with lands with state and private ownership. were category 2 candidate species prior an estimated population of 115 The species’ habitat is a individuals (Neese and Smith, 1982, discontinuous series of exposed raw to 1996 (see discussion in following Franklin 1995, Utah Natural Heritage shale knolls and slopes derived from the ‘‘Previous Federal Action’’). The plant Program 2005). This population habitat Parachute Creek and Evacuation Creek community associated with P. grahamii unit is the species smallest with members of the geologic Green River forms a distinctive assemblage of plant approximately 2 percent of the species Formation. Most populations are species dominated by dwarf shrubs and total. This population unit is important associated with the surface exposure of mound-forming perennial herbaceous as a link between the species to largest the petroleum bearing oil shale plants with relatively low plant cover. population units to the south and Mahogany ledge (Cashion 1967, Shultz This plant community forms small southwest and the species Colorado and Mutz 1979, Neese and Smith, 1982, enclosures within the broader plant population to the northeast. Franklin 1993, 1995). The trace of the communities that characterize the A fifth population habitat unit, named Mahogany bed correlates very closely southeastern Uinta Basin (Shultz and the Raven Ridge Unit (Unit E), occurs with the trace of Penstemon grahamii Mutz 1979; Neese and Smith 1982; BLM approximately 7 mi (11 km) northwest sites from the vicinity of Sand Wash 1987). of the White River unit along the west near the Green River to Raven Ridge Pollinators of Penstemon grahamii flank of Raven Ridge and north of the near the White River (Cashion 1967 (see include the bees Anthophora White River between Raven Ridge and map page 31), Shultz and Mutz 1979, lesquerellae, Osmia sanrafaelae, the the Utah border in extreme western Rio Neese and Smith 1982 (see map overlay sweat bees Lasioglossum sisymbrii and Blanco County, Colorado. This Vol. 5)). Dialictus sp., and the masarid wasp population habitat unit consists of 6 Penstemon grahamii is associated Pseudomasaris vespoides (Lewinsohn et separate occurrences with an estimated with a suite of species similarly adapted al. 2005). In addition, a bumblebee of population of 200 individuals (Borland to xeric growing conditions on highly the genus Bombus (Bombus huntii) (V. 1987, Colorado Natural Heritage basic calcareous shale soils. The Tepedino, pers. comm. 2005) visits the Program 2005). This population habitat vascular plant species most commonly species (L. England, U.S. Fish and unit harbors approximately 3 percent of associated with P. grahamii include— Wildlife Service, pers obs. 2003). The the species total population. This unit Amelanchier utahensis (Utah most consistent pollinator of these includes virtually the species entire serviceberry), Artemisia pygmaea species is likely to be Pseudomasaris population in Colorado (a portion of a (pygmy sage), Cercocarpus montanus, vespoides. This unusual wasp (it is a
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member of the only ‘‘vegetarian’’ wasp within the species habitat has been 2005 now allows an individual or family known to science) is an extreme minimal. For example, under existing corporation to acquire multiple lease specialist of Penstemon flowers. It development scenarios only 5 of 109 tracts up to 50,000 acres in any one collects and feeds its offspring only known occurrences (4.6 percent) have state, removing the restrictions of the Penstemon pollen, though it may visit oil and gas wells located within them Mineral Leasing Act of 1920 (Bartis other plant genera for nectar (U.S. Fish and Wildlife Service 2005). 2005). (Lewinsohn et al. 2005). Where development has occurred, BLM Energy Policy Act of 2005 provisions The Natural Heritage Programs for the has provided conservation measures require the Interior Department to States of Colorado and Utah have and moved well or pipeline locations to complete a programmatic assigned P. grahamii a global minimize effects, largely due to Environmental Impact Statement by imperilment ranking of G2 and state attention provided the species because February 2007 for a commercial leasing imperilment rankings of S2. G2 and S2 of its candidate status and BLM program for oil shale and tar sands rankings mean the species is imperiled sensitive species status (R. Specht, BLM, resources on public lands. On December at Global and State levels respectively. 2005, per. comm.). Similarly, oil shale 13, 2005, the BLM published a notice of The International Union for the and tar sands development, as projected intent to prepare the document (70 FR Conservation of Nature (IUCN) has decades earlier, have not yet reached 73791). given the species a ranking of their potential due largely to limitations The Energy Bill of 2005 enables ‘‘Vulnerable’’. of past technology and unfavorable leasing of oil and gas and tar sands economics. The first interest in oil shale separately, even when the two are found Summary of Factors Affecting the extraction occurred in the latter years of in the same area. Previously, the law Species and immediately following World War I, required a combined tar sands/oil and Section 4 of the Act and regulations however limited accessibility and low gas lease, effectively delaying leasing (50 CFR part 424) promulgated to economic viability resulted in declining and extraction of oil and gas in tar sand implement the listing provisions of the interest. More recently in the 1970– areas. Act set forth the procedures for adding 1980s, BLM made oil shale resources on BLM has established an Oil Shale species to Federal lists. A species may public lands available through the Oil Task Force to address access to be determined to be an endangered or Shale Prototype Program, which was unconventional resources such as oil threatened species due to one or more designed to allow companies to develop shale on public lands; impediments to of the five factors described in section and refine the technology for extracting oil shale development on public lands; 4(a)(1). These factors and their oil from oil shale. Since then, during the industry interest in research and application to Penstemon grahamii Keck mid-1980s and 1990s, interest in oil development and commercial (Graham’s beardtongue) are as follows: shale development continued to lag development opportunities on the because of declining petroleum prices public lands; and Secretarial options to A. The Present or Threatened (World Energy Council 2005; U.S. Fish capitalize on the opportunities. Destruction, Modification, or and Wildlife Service 2005; T. Lonnie, On June 9, 2005, BLM announced in Curtailment of Its Habitat or Range Senate Energy and Natural Resources the Federal Register its intent to initiate Energy Resources Committee Oversight Hearing on Oil a program to facilitate research, Shale Development Efforts, April 12, development, and demonstration P. grahamii has been listed as a 2005). However, recent Federal policy (RD&D) of oil shale recovery candidate species since 1980, in part direction, technological advances, world technologies on Federal lands (70 FR due to the potential threat of increased oil demand, and economics have 33753). BLM recognizes this effort as a energy development (U.S. Fish and increased the desirability to invest in oil first step toward successful Wildlife Service 2004). The habitat of P. shale and other energy development in development of oil shale reserves. The grahamii is a series of knolls and slopes Utah and Colorado: Bureau of Land Management received of raw oil shale derived from Green 19 nominations for oil shale research River geologic formation. Oil shale Federal Policy Direction and development projects; eight resources associated with the Green The Energy Policy Act of 2005 nominations were received for projects River formation underlie approximately establishes that oil shale, tar sands, and in the Uinta Basin of Utah (BLM 2005, 16,000 square miles (41,000 sq. km) and other strategic unconventional fuels U.S. Fish and Wildlife Service 2005). represent the largest known should be developed to reduce the Response to the RD&D request concentration of oil shale in the world nation’s dependence on imported oil. demonstrates significant interest in oil (Dyni 2003; T. Lonnie, Senate Energy Section 309(m)(1)(B) identifies the shale development (Bureau Land and Natural Resources Committee Green River Region, including the entire Management 2005). Oversight Hearing on Oil Shale range of P. grahamii (U.S. Fish and Development Efforts, April 12, 2005). P. Wildlife Service 2005), as a priority for Technological Advances grahamii only grows directly on surface oil shale and tar sand development. Oil shale: ‘‘Oil shale’’ is hard exposures of the richest oil shale Provisions of the Energy Policy Act of calcareous shale, called marl, bearing strata in the Mahogany ledge 2005 may provide economic incentives impregnated with an organic compound and closely associated strata, making the for oil shale development. For example, called kerogen, a precursor to synthetic species highly vulnerable to extirpation previous Mineral Leasing Act of 1920 petroleum. Organic kerogen within the consequent to exploitation of oil shale restrictions limited oil shale lease sizes oil shale rock can be heated and strata (Cashion 1967 [see map page 31]; to 5,120 acres (ac) ( 2,072 hectares (ha)), vaporized at high temperatures to form Bureau of Mines 1988; U.S. Fish and and restricted leasing opportunities to synthetic petroleum. Extraction occurs Wildlife Service 2005; Shultz and Mutz just one lease tract per individual or in a process called retorting which 1979; Neese and Smith 1982 [see map corporation. Lease size restrictions requires heating of the rock to about 900 overlay Vol. 5]). effectively limited development because degrees Fahrenheit (480 degrees Celsius) Impacts to the species from energy of a lack of available acreage to through in-situ or surface retorting development have been largely avoided accommodate necessary infrastructure methods. Surface retorting involves to date because energy development and facilities. The Energy Policy Act of mining ore on the surface or
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underground, crushing it, and placing it estimated that oil shale extraction costs Wildlife Service 2005). In total, 96 of in a retort; shale oil is removed and would be approximately $75–90 per 109 (90 percent) P. grahamii upgraded by the addition of hydrogen. barrel initially, and $30–$40 per barrel occurrences are located in high-value oil There are currently no active after a billion barrels of cumulative shale or bituminous (tar sand) areas, commercial surface retorts in the United production. However, the report also comprising approximately 5,700 of the States. Oil-Tech currently operates a concluded that recent advances in species 6,200 individuals (92 percent of small, cost-effective commercial retort thermally conductive in-situ conversion the total known population) (U.S. Fish within the range of Penstemon scariosus may enable oil shale to compete with and Wildlife Service 2005). var. albifluvis in Utah and plans to crude oil at prices under $40 per barrel. The entire range of P. grahamii is also expand its operation to produce 20,000 Shell Oil estimates in-situ retorting underlain with deposits of traditional barrels of oil per day in the next two costs are estimated at $30 per barrel hydrocarbon resources, primarily years at a cost no greater than $30 per (Bartis et al. 2005). Ongoing oil shale natural gas. However, as previously barrel (J. Savage, House Subcommittee and tar sands extraction operations in described, active wells are only located on Energy and Mineral Resources, June Alberta cost less than $20 per barrel at five P. grahamii occurrence locations. 23, 2005). In-situ retorting involves (Johnson et al. 2004b). Based on Thirty-nine active wells are within 1 injection of a heat source into the rock technical and economic considerations, mile (1.6 km) of P. grahamii occupied strata to produce oil from the kerogen. the Rand report (Bartis et al. 2005) habitat. Future oil and gas development Shale oil then flows to a well and is projects initial commercial operations to within P. grahamii habitat is likely. Oil pumped to the surface. Shell Oil has occur in 6–10 years and production and gas development, especially within successfully completed at least five field growth to commence in 12 years. Oil the PR Springs tar sand area, will likely tests using a modified in-situ conversion shale deposits of the Green River increase particularly due to the new process (Johnson et al. 2004a; S. Mut, formation of Colorado, Utah, and Energy Policy Act of 2005 stipulations Senate Energy and Natural Resources Wyoming contain potentially that will allow oil and gas development Committee Oversight Hearing on Oil recoverable kerogen (synthetic separate from tar sands extraction. The Shale Development Efforts, April 12, petroleum) in excess of 1 trillion barrels combined oil and gas and tar sand 2005). Successful oil shale development (Cashion 1967). leasing provisions in place before the has also recently occurred in Australia As discussed, Federal government Energy Policy Act of 2005 had and the Republic of Estonia (T. Lonnie, policies, technological advances, and effectively removed traditional oil and Senate Energy and Natural Resources economics are now in place to advance gas leasing from significant portions of oil shale, tar sands, and oil and gas Committee Oversight Hearing on Oil Federal lands in P. grahamii’s largest development in areas also occupied by Shale Development Efforts, April 12, population in the Seep Ridge P. grahamii. The level of threats to P. 2005). population unit and in the southern Tar Sands: The tar sand resource rock grahamii populations has consequently portion of the species Evacuation Creek layer is impregnated with a heavy oil increased. Increase in threat is directly population unit. Those restrictions are substance called bitumen, exhibiting related to the overlap of energy now removed. Of the 109 occurrences of chemical characteristics similar to resources and known P. grahamii P. grahamii, 69 (63 percent) are petroleum. (Blackett 1996). Current occurrences. currently leased for oil and gas drilling, technologies for tar sands extraction One hundred five of 109 (96 percent) or are within established oil and gas involves either strip mining, as in the P. grahamii occurrences are in the fields and have active oil and gas province of Alberta Canada (U.S. Parachute Creek member of the Green drilling and resource extraction Department of Energy 1997), or 2.5-acre River formation, the remaining 4 sites programs. Ninety-six of the species 109 well spacing of surface extraction and are in oil shale strata of the Evacuation known occurrences (88 percent) are injection facilities in addition to Creek member of the Green River within active seismic exploration areas necessary access roadways and formation (U.S. Fish and Wildlife (BLM 2003). pipelines. (BIA 2002) Service 2005; Shultz and Mutz 1979; Neese and Smith 1982). Oil-shale beds Two natural gas field development World Oil Demand and Economics are most numerous and important in the projects within the Vernal BLM Field The Office of Naval Petroleum and Oil Parachute Member of the Green River Office, Resource Development Group Shale Reserves anticipates increased formation, but the underlying (RDG) and Gasco, are being planned in world demand for oil reserves with Evacuation Creek member also contains areas with known occurrences of declining resource availability, driven a few beds of oil-shale (Pruitt 1961). The Penstemon grahamii. RDG, for which largely by developing Asian economies 105 occurrences in the Parachute Creek NEPA is scheduled to be completed in (Bunger et al. 2004, Johnson et al. member harbor an estimated 6,100 January of 2006, entirely encompasses 2004b). Feasibility of oil shale and tar individuals or 98 percent of the species’ one P. grahamii occurrence, overlaps sands development relies largely on estimated population of 6,200 (U.S. Fish portions of six occurrences, and is economic profitability which is directly and Wildlife Service 2005; Shultz and immediately adjacent to another six tied to the price volatility of Mutz 1979; Neese and Smith 1982). The occurrences. The Gasco project, for conventional petroleum and market BLM designated the East Tavaputs which the draft EIS is scheduled to be demand. Renewed oil shale and tar sand Plateau and the Southeast Uinta Basin available in spring 2006, entirely interest is partly due to crude oil price as Oil Shale Lease Areas in the 1970s. encompasses five known P. grahamii spikes in 2004 and 2005 (Johnson et al. These lease areas cover 60 of 109 P. occurrences. Two additional natural gas 2004b). grahamii occurrences (U.S. Fish and field development projects are being Alberta’s successful Wildlife Service 2005). In addition, proposed in suitable habitat for which commercialization of tar sands serves as BLM designated the ‘‘PR’’ Springs Tar field surveys for P. grahamii have not a model for a profitable oil shale Sand Area to identify shallow been completed to determine presence industry in the United States (Johnson bituminous sand deposits within P. of the species. These projects are the et al. 2004b). grahamii habitat. The PR Springs tar Dominion Exploration and Production A recent report and model by Rand sand area covers 54 of 109 P. grahamii Inc. and Mak J Energy project at Big Corporation (Bartis et al. 2005) occurrences (49 percent) (U.S. Fish and Pack Mountain and the Enduring
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Resources company project at and subsequent direct loss of plants and attract fewer and lower diversity of seed Saddletree Draw. fragmentation of occupied habitats. and pollen dispersers (Paschke et al. The biological assessment (BA) for the Open pit mining will result in extensive 2002, Lienert 2003, Soon 2003). RDG project states that the project could and permanent changes to surface Regional survival of plant species is include destruction of P. grahamii topography, erosion patterns, subsurface threatened by fragmentation because it occupied habitat, individual plants, and water quality, and flora and fauna reduces connectivity and gene flow potentially suitable habitat. It further (Johnson et al. 2004b, Bartis 2005), and (Soon 2003). states that project activities have the hence to habitat components associated We have no way to determine the potential to directly eliminate with P. grahamii similar to those exact locations of oil shale and tar sand populations if project construction sites previously described for oil and gas facilities, or the technologies that will occur on occupied habitat. However, in drilling. In-situ oil shale retorting be selected; however, it is apparent that part because of the plant’s candidate appears to be much less disruptive to increased development will result in status, and the current proposed listing the landscape than surface mining, but direct and indirect effects to plants and action, BLM has committed to conduct facilities associated with surface-based their habitats. The correspondence of P. plant surveys and avoid populations drilling will cause at least decade-long grahamii habitat with energy reserves, and suitable habitat (BLM 2005). displacement of wildlife, plants, and lease areas, and planned actions will Indirect effects such as incidental habitats (Bartis 2005). Oil shale mining, likely mean that at least some portion of spread of noxious and exotic weeds or including underground mining, will P. grahamii habitat and populations will soil erosion may be more difficult to also require new roads; power be threatened by increased control. The BA concludes that distribution systems; water storage and development. The Rand Report also construction activities could make supply facilities; construction staging concluded that despite mitigation, individual P. grahamii populations areas; hazardous materials handling reclamation, and compensation efforts, more susceptible to weed infestation, facilities; and residential, commercial, long-term residual damage and subsequently decreasing plant and industrial buildings (Bartis 2005). disruption is likely, particularly if biodiversity and insect (pollinator) In-situ tar sand extraction can involve surface mining and retorting are among biodiversity. Disturbed areas tend to 2.5 ac (1 ha) or less well spacing (BIA the selected technologies (Bartis 2005). foster invasion by exotic plant species; 2002, Schamel 2004), which in addition Other Activities existing roads and well pads in the area to necessary access roads and pipelines, have a higher density of annuals than leaves little to no available habitat for Grazing may have localized effects to undisturbed areas (BLM 2005). wildlife and plant habitat. P. grahamii. One site of P. grahamii is Placement of facilities and From a biological perspective, habitat believed to have been eradicated by infrastructure such as roads, pipelines, loss and fragmentation can result in livestock trampling. The Dragon Sheep and well pads can change water flow decreased population size and reduced bed site first recorded in a 1982 survey and the effects of erosion and colonization capacity of plant species. (Neese and Smith 1982) has not been sedimentation. Shale soils that provide The probability of habitat restoration relocated in recent years. This is an area habitat and microclimates for P. and natural re-colonization by plants is of heavy sheep grazing, and trampling of grahamii can be lost or altered by also low following fragmentation of its habitat is thought to have caused the deposition of sediments, eventually habitats (Soon 2003). P. grahamii are possible extirpation of this population causing the localized loss of populations naturally distributed with large (J.L. England, pers, comm. U.S. Fish and (BLM 2005). distances between known occurrences. Wildlife Service, 2003). However, no The species current status as a Additional fragmentation within known research has been conducted to candidate species has provided the occurrences could negatively affect document effects of grazing to P. species interim protection on BLM long-term survival of these populations. grahamii, and we have no substantial Federal lands from the low level of oil Many of the P. grahamii occurrences are information indicating it to be a and gas activities that have occurred to very small, less than 100 individuals, population level threat. date (BLM 1995, 2002, 2003, 2005). The and often as small as ten or less To date little ORV use has been BLM reports that conservation individuals per location. observed in the species range. Federal stipulations for the species associated Reducing the size of occupied habitat and industry personnel are increasingly with well locations has prevented patches through habitat loss or utilizing ORV in oil and gas field survey adverse modification of the species fragmentation can result in higher and site location development prior to habitat and possible loss of P. grahamii extinction probabilities due to the establishment of oil field road individuals (R. Specht, BLM, 2005, per. environmental, demographic, or genetic networks (Robert Specht, BLM, Vernal, com.). Conservation measures include random events and effects associated Utah 2005, pers. comm.). However, we moving well pad and pipeline locations with smaller sizes of remnant habitat, do not have any information indicating to avoid direct impacts to the species. greater isolation from neighboring that ORV use is a threat to P. grahamii These measures are likely effective populations, and increased amounts of or its habitat. protection mechanisms, particularly at ‘edge’ habitat (Jules 1998, Soon 2003). A current low development rates. study of the effects of fragmentation on B. Overutilization for Commercial, Increased energy development in P. a common trillium (Jules, 1998) Recreational, Scientific, or Educational grahamii habitat could increase the demonstrated that the extinction of local Purposes likelihood of direct loss of individual populations of the common plant Penstemon grahamii is a species of plants and increased habitat loss and Trillium ovatum was more likely as a horticultural interest. The species is fragmentation. result of declining populations near advertised on the internet and plants Oil shale and tar sands technologies edges. and seed are available. The Service, include surface strip mining, Reduced connectivity of habitat however, has no information concerning underground mining, or in-situ patches reduces seed and pollen the impact of collection on wild retorting. All of these technologies dispersal between habitats. Smaller and populations in the species native involve surface disturbing activities that isolated populations produce fewer habitat. In 2004, a Penstemon collector could cause habitat loss (Bartis 2005), seeds and pollen; and the populations approached Red Butte Garden (the Utah
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State botanical garden located at the Little is known concerning the propose this listing. Threatened status University of Utah) inquiring on how to species’ pollination biology. The BLM is reflects the vulnerability of this species obtain seeds of P. grahamii (J. currently funding pollination biology to factors that negatively affect the Lewinsohn, pers. comm. 2004). Several studies (R. Bolander, BLM, pers. comm. species and its limited and restricted internet sites identify P. grahamii as a 2005; J. Lewinsohn, pers. comm. 2005). habitat. While not in immediate danger desirable specimen plant. Given the Collections and observations of of extinction, P. grahamii may have the rarity and beauty of this species, over- pollinators to the flowers of Penstemon strong potential to become an collection could be a problem for the grahamii have been limited over the endangered species in the foreseeable species. past two flowering seasons because of future if present threats increase and the paucity of flowering plants. The projected energy development C. Disease or Predation most consistent pollinator of these scenarios, especially oil shale and tar Penstemon grahamii is grazed by species is likely to be the wasp sand, occur. wildlife, including rodents, rabbits, Pseudomasaris vespoides (V. Tepedino We are soliciting comments on this antelope, deer, elk, and insects (Shultz Utah State University, pers. comm. proposed rule and threats to the species. and Mutz 1979; Neese and Smith 1982; 2005). Because flowers of P. grahamii Despite recent policy direction (e.g., R. Specht, BLM, pers. comm., 2005; appear to be very scarce, this plant Energy Policy Act 2005), the long-term Lewinsohn, pers. comm., 2005). The species will usually be unable to technological and economic feasibility species also is grazed by livestock, support a viable population of of oil shale and tar sands development primarily sheep. Recent attempts to Pseudomasaris vespoides. In all are uncertain (Bartis 2005). We seek establish pollination studies and likelihood, successful reproduction by specific information on any available population monitoring plots for the P. grahamii must depend on the preliminary results from the recent lease species were complicated by the general occurrence of other concurrently nominations for research, development, lack of concentrations of individual blooming Penstemon species which and demonstration of oil shale recovery plants large enough to conduct those support and keep abundant populations technologies on Bureau of Land studies (Lewinsohn, pers. comm. 2005). of Pseudomasaris vespoides in the area. Management (BLM) lands; success of Lewinsohn also reported that all sites Low population numbers and habitat ongoing oil shale or tar sands visited in southern Uintah County, fragmentation pose a threat to rare plant development projects, particularly in Utah, were either too small or too species’ genetic potential to adapt to the Green River formation; available heavily grazed to conduct suitable changing environmental conditions economic and technological analyses; pollination studies. There are, however, (Matthies et al. 2004). Three of the and specific information detailing no studies on the effects of grazing on species 5 population habitat units have definitive effects of these operations to this species. 200 or fewer individuals in addition 8 environmental resources, as primarily smaller occurrences with populations of related to losses of plant individuals, D. The Inadequacy of Existing 20 or fewer individuals are isolated and loss or fragmentation of plant habitat, Regulatory Mechanisms 10 km (6.2 mi) or more from the core and loss or declines in plant pollinators. No Federal or State laws or area of the five P. grahamii population Similarly, we request any available regulations specifically protect units. These smaller population sites of information on ongoing or proposed oil Penstemon grahamii. The species is not Penstemon grahamii may not be at and gas drilling activities within P. protected by the Convention on levels that would ensure the species grahamii habitat. International Trade in Endangered long-term demographic stability and Available Conservation Measures Species of Wild Fauna and Flora genetic viability. The effects of habitat (CITES). The BLM administratively degradation and fragmentation caused Conservation measures provided to recognizes this species for special by human activities in concert with the species listed as endangered or management consideration, but does not effects of deleterious natural threatened under the Act include have the legal authority to require phenomena, such as drought, may lead recognition, recovery actions, Federal mineral lease holders to modify to the extirpations of local occurrences requirements for Federal protection, and mineral recovery plans and on-the- or possible extinction. At present there prohibitions against certain practices. ground actions solely to protect this are no studies or information on these Recognition through listing results in species. Some populations occur on threats relative directly to P. grahamii. public awareness and conservation by private lands, which were given mineral Federal, State, and local agencies, Determination entry patents during the 1920s private organizations, and individuals. specifically because of oil shale values. We have carefully assessed the best The Act provides for possible There is no regulatory protection for the scientific and commercial information cooperation with the States and requires species on private lands. available regarding the past, present, that recovery actions be carried out for and future threats to Penstemon all listed species. The protection E. Other Natural or Manmade Factors grahamii. Habitat destruction and required of Federal agencies and the Affecting Its Continued Existence degradation as a consequence of energy prohibitions against certain activities We note the presence of exotic weeds development throughout the species’ involving listed plants are discussed in within occupied Penstemon grahamii range pose a serious threat to long-term ‘‘Effect of Critical Habitat Designation’’ sites. These exotic species include viability. Habitat loss and fragmentation for critical habitat and are further Bromus tectorum (cheatgrass) and also will exacerbate threats arising from discussed, in part, below. Halogeton glomeratus (halogeton) (L. very low natural population numbers Section 7(a) of the Act, as amended, England, U.S. Fish and Wildlife Service, and restricted distribution; natural requires Federal agencies to evaluate pers. obs. 2003). These invasive exotic phenomena such as drought and their actions with respect to any species species are most abundant along roads wildlife grazing; livestock grazing; and that is proposed or listed as endangered and well site locations (R. Specht, BLM, horticultural collection. On the basis of or threatened and with respect to its pers. comm. 2004). These species the best available information, we are critical habitat, if any is being compete with P. grahamii, thereby proposing to list Penstemon grahamii as designated. Regulations implementing further degrading habitat quality. a threatened species, and we herein this interagency cooperation provision
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of the Act are codified at 50 CFR part that their containers are marked ‘‘Of We address the habitat needs of all 402. Section 7(a)(4) requires Federal Cultivated Origin.’’ Certain exceptions 1,264 listed species through agencies to confer with the Service on to the prohibitions apply to agents of the conservation mechanisms such as any action that is likely to jeopardize Service and State conservation agencies. listing, section 7 consultations, the the continued existence of a species The Act and 50 CFR 17.72 also section 4 recovery planning process, the proposed for listing or result in provide for the issuance of permits to section 9 protective prohibitions of destruction or adverse modification of carry out otherwise prohibited activities unauthorized take, section 6 funding to proposed critical habitat. If a species is involving threatened plants under the States, the section 10 incidental take listed subsequently, section 7(a)(2) certain circumstances. Such permits are permit process, and cooperative, requires Federal agencies to ensure that available for scientific purposes and to nonregulatory efforts with private activities they authorize, fund, or carry enhance the propagation and survival of landowners. The Service believes that it out are not likely to jeopardize the the species. For threatened plants, is these measures that may make the continued existence of the species or permits also are available for botanical difference between extinction and destroy or adversely modify its critical or horticultural exhibition, educational survival for many species. habitat. If a Federal action may affect a purposes, or special purposes consistent listed species or its critical habitat, the with the purposes of the Act. Penstemon In considering exclusions of areas responsible Federal agency must enter grahamii is an extremely attractive plant proposed for designation, we evaluated into formal consultation with the and is known to be in cultivation. It is the benefits of designation in light of Service. reasonable to expect a demand for the Gifford Pinchot Task Force v. United Federal agency actions that may species for horticultural purposes. States Fish and Wildlife Service. In that require conference and/or consultation However the species is very rare in its case, the Ninth Circuit invalidated the as described in the preceding paragraph natural environment. Trade permits may Service’s regulation defining include BLM leasing and permitting of be sought, but should be granted for ‘‘destruction or adverse modification of oil and gas resources, oil shale, tar only activities contributing to the critical habitat.’’ In response, on sands, Gilsonite, and other leasable species overall conservation. Requests December 9, 2004, the Director issued minerals on lands under their for copies of the regulations regarding guidance to be considered in making jurisdiction. Additionally BLM must listed species and inquires about section 7 adverse modification consult on livestock grazing leases and prohibitions and permits may be determinations. This proposed critical management, and roads and ORV travel addressed to U.S. Fish and Wildlife habitat designation does not use the regulations and management. Service, 134 Union Blvd., Lakewood, invalidated regulation in our Department of Energy actions involving Colorado 80228. consideration of the benefits of oil and gas and oil shale development including areas in this final designation. Critical Habitat also may require conference and or The Service will carefully manage consultation. Department of Role of Critical Habitat in Actual future consultations that analyze Transportation activities involving Practice of Administering and impacts to designated critical habitat, roads or highways within the species Implementing the Act particularly those that appear to be habitat also may require conference resulting in an adverse modification and/or consultation. Attention to and protection of habitat determination. Such consultations will The Act and its implementing is paramount to successful conservation regulations set forth a series of general actions. The role that designation of be reviewed by the Regional Office prior prohibitions and exceptions that apply critical habitat plays in protecting to finalizing to ensure that an adequate to threatened plants. All prohibitions of habitat of listed species, however, is analysis has been conducted that is section 9(a)(2) of the Act, implemented often misunderstood. As discussed in informed by the Director’s guidance. by 50 CFR 17.71 apply. These more detail below in the discussion of On the other hand, to the extent that prohibitions, in part, make it illegal for exclusions under ESA section 4(b)(2), designation of critical habitat provides any person subject to the jurisdiction of there are significant limitations on the protection, that protection can come at the United States to import or export, regulatory effect of designation under significant social and economic cost. In transport in interstate or foreign ESA section 7(a)(2). In brief, (1) addition, the mere administrative commerce in the course of a commercial designation provides additional process of designation of critical habitat activity, sell or offer for sale in interstate protection to habitat only where there is is expensive, time-consuming, and or foreign commerce, or remove and a federal nexus; (2) the protection is controversial. The current statutory reduce the species to possession from relevant only when, in the absence of framework of critical habitat, combined areas under Federal jurisdiction. In designation, destruction or adverse with past judicial interpretations of the addition, for plants listed as modification of the critical habitat statute, make critical habitat the subject endangered, the Act prohibits the would in fact take place (in other words, of excessive litigation. As a result, malicious damage or destruction on other statutory or regulatory protections, critical habitat designations are driven areas under Federal jurisdiction and the policies, or other factors relevant to by litigation and courts rather than removal, cutting, digging up, or agency decision-making would not biology, and made at a time and under prevent the destruction or adverse damaging or destroying of such plants a time frame that limits our ability to in knowing violation of any State law or modification); and (3) designation of obtain and evaluate the scientific and regulation, including State criminal critical habitat triggers the prohibition other information required to make the trespass law. Section 4(d) of the Act of destruction or adverse modification designation most meaningful. allows for the provision of such of that habitat, but it does not require protection to threatened species through specific actions to restore or improve In light of these circumstances, the regulation. This protection may apply to habitat. Service believes that additional agency this species in the future if regulations Currently, only 470 species, or 37 discretion would allow our focus to are promulgated. Seeds from cultivated percent of the 1,264 listed species in the return to those actions that provide the specimens of threatened plants are U.S. under the jurisdiction of the greatest benefit to the species most in exempt from this prohibition provided Service, have designated critical habitat. need of protection.
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Procedural and Resource Difficulties in accordance with the Act, on which are excluded from critical habitat pursuant Designating Critical Habitat found those physical or biological to section 4(b)(2).) Accordingly, when We have been inundated with features (I) essential to the conservation the best available scientific data do not lawsuits for our failure to designate of the species and (II) that may require demonstrate that the conservation needs critical habitat, and we face a growing special management considerations or of the species so require, we will not number of lawsuits challenging critical protection; and (ii) specific areas designate critical habitat in areas habitat determinations once they are outside the geographical area occupied outside the geographical area occupied by a species at the time it is listed, upon by the species at the time of listing. An made. These lawsuits have subjected the a determination that such areas are area currently occupied by the species Service to an ever-increasing series of essential for the conservation of the but that was not known to be occupied court orders and court-approved species. Conservation, as defined under at the time of listing will likely, but not settlement agreements, compliance with section 3 of the Act means to use and always, be essential to the conservation which now consumes nearly the entire the use of all methods and procedures of the species and, therefore, typically listing program budget. This leaves the which are necessary to bring any included in the critical habitat Service with little ability to prioritize its endangered species or threatened designation. activities to direct scarce listing species to the point at which the The Service’s Policy on Information resources to the listing program actions measures provided pursuant to the Act Standards Under the Endangered with the most biologically urgent are no longer necessary. Such methods Species Act, published in the Federal species conservation needs. and procedures include, but are not Register on July 1, 1994 (59 FR 34271), The consequence of the critical limited to, all activities associated with and section 515 of the Treasury and habitat litigation activity is that limited scientific resources management such as General Government Appropriations listing funds are used to defend active research, census, law enforcement, Act for Fiscal Year 2001 (Pub. L. 106– lawsuits, to respond to Notices of Intent habitat acquisition and maintenance, 554; H.R. 5658) and the associated (NOIs) to sue relative to critical habitat, propagation, live trapping, and Information Quality Guidelines issued and to comply with the growing number transplantation, and, in the by the Service, provide criteria, of adverse court orders. As a result, extraordinary case where population establish procedures, and provide listing petition responses, the Service’s pressures within a given ecosystem guidance to ensure that decisions made own proposals to list critically cannot be otherwise relieved, may by the Service represent the best imperiled species, and final listing include regulated taking. scientific data available. They require determinations on existing proposals are Critical habitat receives protection Service biologists to the extent all significantly delayed. under section 7 of the Act through the consistent with the Act and with the use The accelerated schedules of court- prohibition against destruction or of the best scientific data available, to ordered designations have left the adverse modification of critical habitat use primary and original sources of Service with limited ability to provide with regard to actions carried out, information as the basis for for public participation or to ensure a funded, or authorized by a Federal recommendations to designate critical defect-free rulemaking process before agency. Section 7 requires consultation habitat. When determining which areas making decisions on listing and critical on Federal actions that are likely to are critical habitat, a primary source of habitat proposals, due to the risks result in the destruction or adverse information is generally the listing associated with noncompliance with modification of critical habitat. The package for the species. Additional judicially imposed deadlines. This in designation of critical habitat does not information sources include the turn fosters a second round of litigation affect land ownership or establish a recovery plan for the species, articles in in which those who fear adverse refuge, wilderness, reserve, preserve, or peer-reviewed journals, conservation impacts from critical habitat other conservation area. Such plans developed by States and counties, designations challenge those designation does not allow government scientific status surveys and studies, designations. The cycle of litigation or public access to private lands. biological assessments, or other appears endless, and is very expensive, Section 7 is a purely protective measure unpublished materials and expert thus diverting resources from and does not require implementation of opinion or personal knowledge. All conservation actions that may provide restoration, recovery, or enhancement information is used in accordance with relatively more benefit to imperiled measures. the provisions of section 515 of the species. To be included in a critical habitat Treasury and General Government The costs resulting from the designation, the habitat within the area Appropriations Act for Fiscal Year 2001 designation include legal costs, the cost occupied by the species must first have (Pub. L. 106–554; H.R. 5658) and the of preparation and publication of the features that are essential to the associated Information Quality designation, the analysis of the conservation of the species. Critical Guidelines issued by the Service. economic effects and the cost of habitat designations identify, to the Section 4 of the Act requires that we requesting and responding to public extent known using the best scientific designate critical habitat on the basis of comment, and in some cases the costs data available, habitat areas that provide the best scientific data available. Habitat of compliance with the National essential life cycle needs of the species is often dynamic, and species may move Environmental Policy Act (NEPA). (i.e., areas on which are found the from one area to another over time. These costs, which are not required for primary constituent elements, as Furthermore, we recognize that many other conservation actions, defined at 50 CFR 424.12(b)). designation of critical habitat may not directly reduce the funds available for Habitat occupied at the time of listing include all of the habitat areas that may direct and tangible conservation actions. may be included in critical habitat only eventually be determined to be if the essential features thereon may necessary for the recovery of the Critical Habitat Background require special management or species. For these reasons, critical Critical habitat is defined in section 3 protection. Thus, we do not include habitat designations do not signal that of the Act as: (i) The specific areas areas where existing management is habitat outside the designation is within the geographical area occupied sufficient to conserve the species. (As unimportant or may not be required for by a species, at the time it is listed in discussed below, such areas may also be recovery.
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Areas that support populations, but 1121 (9th Cir. 1997); Conservation representative of the historical are outside the critical habitat Council for Hawaii v. Babbitt, 2 F. Supp. geographical and ecological designation, will continue to be subject 2d 1280 (D. Hawaii 1998)). Based on the distributions of a species. The areas we to conservation actions implemented standards applied in those judicial are proposing to designate as critical under section 7(a)(1) of the Act and to opinions, we have examined the habitat for Penstemon grahamii provide the regulatory protections afforded by question of whether critical habitat for the primary constituent elements noted the section 7(a)(2) jeopardy standard, as P. grahamii would be prudent. below. determined on the basis of the best There is documentation of We determined the specific primary available information at the time of the commercial and private collection to constituent element for Penstemon action. Federally funded or permitted this species and that activity is grahamii based on data and studies on projects affecting listed species outside identified as a potential threat to the its general habitat and life history their designated critical habitat areas species (see factor ‘‘B. Overutilization requirements as described in Shultz and may still result in jeopardy findings in for Commercial Recreational, Scientific, Mutz 1979; Neese and Smith 1982; some cases. Similarly, critical habitat or Educational Purposes’’ in the Borland 1987; and Franklin 1993, 1995, designations made on the basis of the ‘‘Summary of Factors Affecting the Colorado Natural Heritage Program best available information at the time of Species’’ above). However, we believe 2005, Utah Natural Heritage Program designation will not control the the significance of this collection to the 2005, and current research in progress direction and substance of future viability of the species population is not by Lewinsohn and Tepedino (pers. recovery plans, habitat conservation known. Therefore this threat, if any, to comm. 2005). plans, or other species conservation P. grahamii is outweighed by the Penstemon grahamii is narrowly planning efforts if new information conservation benefits derived from the endemic to highly basic soils derived available to these planning efforts calls designation of critical habitat for this from the Green River formation. These for a different outcome. species. Additionally, much of the soils provide the root microhabitat habitat where P. grahamii occurs is essential for the species growth and Methods under Federal land management where reproduction. These soils are very As required by section 4(b)(2) of the the threat of collection should be shallow with virtually no soil horizon Act, we use the best scientific data reduced by enforcement of section 9 of development. The little soil above the available in determining areas that the Act. Consistent with recent case law, consolidated calcareous shale rock of its contain the features that are essential to we must weigh the benefits in proposing parent material is usually very light clay the conservation of Penstemon grahamii to designate critical habitat for P. derived from thinly bedded shale. The (Shultz and Mutz 1979, Neese and grahamii against the harm which could soil surface is covered with broken shale Smith 1982, Borland 1987, Franklin be caused by disclosure of their chips usually less than 5 cm (2 in) 1992, 1995, Colorado Natural Heritage location. We find that these benefits across underlain with larger shale chips Program 2005, Utah Natural Heritage outweigh the risk of increased collection to a depth of 5 to 10 cm (2 to 4 in). The Program 2005). We do not propose any because the locations are already known shale chips usually weather to a light areas outside the geographical area and available to the public. tan color. Freshly broken chips exhibit presently occupied by the species. Although we make a detailed a very dark brown interior due to the We have also reviewed available determination of the habitat needs of a high organic content of the kerogen in information that pertains to the habitat listed species during the recovery the oil shale. The majority of the species requirements of this species (Shultz and planning process, the Act has no occurrences and those with the largest Mutz 1979, Neese and Smith 1982, provision to delay designation of critical population numbers are from the oil Lewinsohn et al. 2005). habitat until such time as a recovery shale rich Parachute Creek member of plan is prepared. We reviewed the the Green River formation. The Prudency Determination available information pertaining to remaining occurrences are derived from Section 4(a)(3) of the Act, as habitat characteristics where this oil shale of the Evacuation Creek amended, and implementing regulations species is located. This and other member of the Green River formation (50 CFR 424.12) require that, to the information represent the best scientific (Shultz and Mutz 1979). maximum extent prudent and and commercial data available, and led The species composition of P. determinable, we designate critical us to conclude that the designation of grahamii’s plant community further habitat at the time the species is critical habitat is both prudent and describes the primary constituent determined to be endangered or determinable for Penstemon grahamii. element of P. grahamii critical habitat. threatened. Our regulations (50 CFR Although not being proposed as a PCE, 424.12(a)(1)) state that the designation Primary Constituent Elements the plant community is nonetheless of critical habitat is not prudent when In accordance with section 3(5)(A)(i) useful in delineating the species’ PCE in one or both of the following situations of the Act and regulations at 50 CFR the field environment. Dwarf shrubs and exist: (1) The species is threatened by 424.12(b), in determining which areas to pulvinate (mound or cushion like) plant taking or other human activity, and designate as critical habitat, we must life forms exhibit a distinctive plant identification of critical habitat can be consider those physical and biological community type occurring on these expected to increase the degree of threat features (primary constituent elements) calcareous shale sites. This vegetative to the species, or (2) such designation of essential to the conservation of the community, with the specific soil critical habitat would not be beneficial species. These primary constituent described above, provides the sole to the species. elements include, but are not limited to, known habitat for the species and is In the last few years, a series of court space for individual and population thus considered essential for the species decisions have overturned our growth and for normal behavior; food, growth and reproduction. The vascular determinations that designation of water, or other nutritional or plant species most commonly associated critical habitat would not be prudent for physiological requirements; cover or with Penstemon grahamii include a variety of species (e.g., Natural shelter; sites for breeding, reproduction, Artemisia pygmaea (pygmy sage), Resources Defense Council v. U.S. or rearing of offspring; and habitats that Cercocarpus montanus, (mountain Department of the Interior, 113 F.3d are protected from disturbance or are mahogany), Chamaechaenactis scoposa
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(Eastwood’s chaenactis), Cryptantha specific Primary Constituent Element elements may require special grahamii (Grahams’ catseye) Elymus for pollinator habitat. management considerations or salinus (Salina wild-rye), Ephedra The primary constituent element protections. torreyana (Mormon tea), Eriogonum (PCE) of Penstemon grahamii critical The species’ current status as a corymbosum (Fremont’s wild- habitat is: Calcareous shale knolls and candidate species has provided the buckwheat), Eriogonum ephedroides slopes occupied by extant occurrences species interim protection on BLM (Ephedra wild-buckwheat), of Penstemon grahamii and dominated Federal lands from the low level of oil Glossopetalon spinescens (Utah by dwarf shrubs and pulvinate plant life and gas activities that have occurred to greasewood), Parthenium ligulatum forms characteristic of the species plant date (BLM 1995, 2002, 2003, 2005). The (low feverfew), Tetradymia nuttallii community type. BLM reports that conservation stipulations for the species associated (Nuttall’s horse-bush) and Yucca Criteria Used To Identify Critical with well locations has prevented harrimaniae (Harriman’s yucca) (Shultz Habitat and Mutz 1979, Neese and Smith 1982). adverse modification of the species In addition the rare oil shale endemic We have delineated all known habitat and possible loss of P. grahamii species Penstemon scariosus var. locations with extant populations of P. individuals (R. Specht, BLM, 2005, per. albifluvis (White River penstemon) and grahamii into 109 occurrences. We com.). Conservation measures include Cryptantha barnebyi (Barneby’s catseye) grouped these occurrences into five moving well pad and pipeline locations are in part sympatric with P. grahamii. units separated by unoccupied gaps in to avoid direct impacts to the species. Sites at higher elevation are the species range. Available population These measures are likely effective occasionally within sparse pin˜ on- data information is summarized for the protection mechanisms, particularly at juniper woodland dominated by broader units rather than each of the current low development rates. Juniperus osteosperma (Utah juniper) smaller occurrences (Shultz and Mutz Increased energy development in P. and Pinus edulis (Colorado pin˜ on). 1979, Neese and Smith, 1982, Borland grahamii habitat will increase the Penstemon grahamii sites at lower 1987, Franklin 1993, 1995, Colorado likelihood of direct loss of individual elevations occasionally occur within a Natural Heritage Program 2005, Utah plants and increased habitat loss and sparse desert shrubland dominated by Natural Heritage Program 2005). In fragmentation. The continuance of these Atriplex conferitfolia (shadscale). In addition the consolidating occurrences conservation measures is needed to both cases, however, P. grahamii habitat at this scale provides for effective maintain current populations of the is characterized by the sparsely identification and naming of these sites species. Additional conservation vegetated raw shale surface indicative of to land owners and managers. measures, including the designation of The boundaries of Penstemon the species’ habitat throughout its range. areas dedicated to the conservation of P. grahamii critical habitat occurrences Sagebrush-grass parks, mixed mountain grahamii and its habitat, may be were drawn to incorporate the PCE at shrubland, and greasewood bottoms are necessary for the species long-term each of the species’ known locations. not primary constituent elements. conservation in the event of large-scale We have mapped these occurrences Pin˜ on-juniper woodlands and mixed energy development within its occupied implementing GIS technology on a base desert shrubland, in large part, are not habitat. map using digital orthophoto The majority of occurrences (5 of 6) in part of the PCE unless they have extant quadrangles and National Agricultural the Raven Ride (Unit E) population populations of P. grahamii and the Imagery Program of the species habitat habitat unit are currently being managed associated vegetation described above. and P. grahamii survey data. These by BLM Meeker Field Office as the Pollinators are important to P. occurrences were delineated by heads- Raven Ridge Area of Critical grahamii. We believe the proposed up digitizing with Universal Transverse Environmental Concern (ACEC). The critical habitat sites include necessary Mercator (UTM) coordinates around Raven Ridge ACEC was established in pollinator habitat. However areas each known P. grahamii occurrence. 1987 and involved an agreement adjacent to the marl shale knolls and These occurrences include the PCE and between BLM and Colorado Natural slopes occupied by P. grahamii are provide the specific location, shape, and Areas Program. The explicit purpose of important to the species pollinators. The size of each critical habitat area. Each the Raven Ridge ACEC is to provide for primary pollinator of P. grahamii is the occurrence is further located and the conservation of 10 rare endemic wasp Pseudomasaris vespoides. This identified by the cadastral land survey plant species with unique habitat on masarid wasp nests in the ground Township, Range and Section. The Raven Ridge and for Penstemon within and adjacent to the shale knoll imprecision of field mapping prevents grahamii and P. albifluvis (virtually and slope habitat of P. grahamii. Due to finer habitat delineation. Any land areas their entire population within the State the paucity of P. grahamii individuals, within these parcels without the PCE of Colorado). The Raven Ridge ACEC the maintenance of Pseudomasaris are not critical habitat. sets out goals for a management plan for vespoides populations will require We are proposing to designate critical the area, but to date BLM has not populations of Penstemon species other habitat on lands that we have completed formal management plans for than P. grahamii. Populations of other determined are occupied at the time of these areas. If a plan is finalized prior Penstemon species in areas adjacent to the proposed listing and contain to our final determination, we will P. grahamii occupied habitat are sufficient primary constituent elements consider whether it provides special essential to support the pollinating to support life history functions management and we may exclude these wasp’s population during periods of essential for the conservation of the areas if we determine that no additional poor P. grahamii floral availability species. special management is required. (Lewinsohn et al. 2005). These Penstemon species include Penstemon Special Management Considerations Proposed Critical Habitat Designation pachyphyllus, Penstemon fremontii, and Protection In proposing critical habitat for this Penstemon strictus, and Penstemon When designating critical habitat, we species, we solicited information from scariosus. We are unable to adequately assess whether the areas determined to knowledgeable botanists and biologists delineate specific pollinator habitat and be occupied at the time of listing and and recommendations contained in consequently are not identifying a contain the primary constituent BLM sponsored status reports (Shultz
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and Mutz 1979; Neese and Smith 1982; portion of the species range. This individuals (subunits 01–29). An area of Borland 1987; Franklin 1993, 1995; population unit has relatively small 1,577.9 ac (638.6 ha) is being proposed BLM 1987, Colorado Natural Heritage numbers (approximately 2 percent) for designation in the 29 subunits. Program 2005, Utah Natural Heritage compared to those population units in This critical habitat unit is the species Program 2005). We also reviewed the the center of the species range. This unit second largest with approximately 41 available literature pertaining to habitat is the most isolated of the species percent of the species total population. requirements, historic localities, and population units. This portion of the This unit, along with the Seep Ridge current localities for these species. The species population has minor unit described above, is essential for the proposed critical habitat described morphological differences from the species long-term survival. The majority below constitutes our best assessment of remainder of its population (Shultz and of this species population in this unit is areas needed for the conservation of P. Mutz 1979) and may, due to geographic on private land. Significant portions, grahamii and is based on the best isolation, be genetically divergent from however, are on Federal land. One small available scientific and commercial the remainder of the species population. occurrence on the margin of this unit information available. The proposed Three small outlier population was not included. Recent attempts to areas have features that are essential to occurrences are not included in this relocate the species at this occurrence the conservation of the species because critical habitat unit. have failed leading to the presumption they are within the geographical area of extirpation for this site. Unit B—Seep Ridge Unit occupied by P. grahamii, and because Unit D—White River Unit they currently have the primary A second critical habitat unit, named constituent element (see description of the Seep Ridge Unit (Unit B), occurs A fourth critical habitat unit, named primary constituent elements, above). approximately 17 miles east of the Sand the White River Unit (Unit D), occurs Although this species occurs on only Wash population unit in the vicinity of approximately 5 miles north of the a few sites, important considerations in Buck, Sunday School, and Klondike Evacuation Creek unit in Hells Hole and selection of areas proposed in this rule Canyons near the Seep Ridge road in Weaver Canyons immediately south of include factors specific to each south central Uintah County, Utah. This the White River. This population is in geographic area or complex of areas, population consists of 53 separate eastern Uintah County, Utah, and such as size, connectivity, and habitat occurrences with an estimated consists of 9 separate occurrences with diversity, as well as range-wide recovery population of 3200 individuals (Shultz an estimated population of 115 considerations, such as genetic diversity and Mutz 1979, Utah Natural Heritage individuals (Neese and Smith 1982, and representation of all major portions Program 2005), but we are proposing to Franklin 1995, Utah Natural Heritage of the species’ historical ranges. The designate as critical habitat 48 of these Program 2005). We are proposing to proposed critical habitat designation occurrences with an estimated designate as critical habitat all 9 of these includes the core areas of each of P. population of 3100 individuals occurrences (subunits 01–09). An area grahamii’s 5 population units. Nine (subunits 01–48). An area of 1,428.44 ac of 197.1 ac (79.8 ha) is being proposed small outlier occurrences—3 from the (579.1 ha) is being proposed for for designation in the 9 subunits. Sand Wash unit (Unit A), 5 from the designation in 48 subunits. This critical habitat unit is the species Seep Ridge unit (Unit B), and 1 from the This critical habitat unit encompasses smallest, containing approximately 2 Evacuation Creek unit (Unit C)—are not the largest portion of the species’ percent of the species total. This included in this proposed rule. population, with approximately 50 population unit is important as a link Uncertainty of occurrence at other sites percent of the total individuals within between the species to the largest may result in small areas of occupied proposed critical habitat boundaries. population units to the south and habitat not being included in the Maintenance of this population unit is southwest and the species Colorado designation. essential for the species long-term population to the northeast. We propose the following areas as survival. The majority of the species Unit E—Raven Ridge Unit critical habitat (see the ‘‘Regulation population and habitat area in this unit Promulgation’’ section of this proposed is on Federal lands under BLM A fifth critical habitat unit, named the rule for exact boundary descriptions): management. Significant portions are on Raven Ridge unit (Unit E), occurs State of Utah lands. Five small outlier approximately 7 miles northwest of the Unit A—Sand Wash Unit population occurrences are not included White River unit along the west flank of The westernmost critical habitat unit, in this Unit. Raven Ridge and north of the White named the Sand Wash Unit (Unit A), River between Raven Ridge and the occurs in the vicinity of Sand Wash in Unit C—Evacuation Creek Unit Utah border in extreme western Rio southwestern Uintah and adjacent A third critical habitat unit, named Blanco County, Colorado. This Duchesne Counties, Utah. This the Evacuation Creek unit (Unit C), population consists of 6 separate population consists of 10 separate occurs approximately 10 miles east of occurrences with an estimated occurrences with a population the Seep Ridge unit in the Asphalt Wash population of 200 individuals (Borland estimated at 135 individuals (Shultz and and Evacuation Creek drainages near the 1987, Colorado Natural Heritage Mutz 1979, Franklin 1993, Utah Natural abandoned Gilsonite mining towns of Program 2005). We are proposing to Heritage Program 2005). We are Dragon and Rainbow. This population is designate as critical habitat all 6 of these proposing to designate critical habitat in southeastern Uintah County, Utah, occurrences (subunits 01–06). An area for seven of these occurrences, with an and adjacent Rio Blanco County, of 175.42 ac (71 ha) is being proposed estimated population of 100 individuals Colorado. This population consists of 30 for designation in the 6 subunits. (subunits 01–07). An area of 118.07 ac separate occurrences with an estimated This Unit harbors approximately 3 (47.15 ha) is being proposed for population of 2550 individuals (Neese percent of the species total population. designation in these seven subunits. and Smith 1982, Franklin 1995, Utah This Unit includes virtually the species The proposed critical habitat areas Natural Heritage Program 2005). We are entire population in Colorado (a portion constitute the core of the P. grahamii proposing to designate as critical habitat of a small population occurs at the population in this unit, including the 29 of these occurrences with an eastern margin of the Evacuation Creek largest occurrence in the western estimated population of 2,540 population unit at the Colorado-Utah
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border). As in the case of the Sand Wash Land Ownership values during the 1920s. P. grahamii, 85 Unit, the Raven Ridge Unit is at the occurrences are on public land managed extreme end of the species range. As Most of the land included in the by BLM, 17 occurrences are on State of such this population is important for its designation is Bureau of Land Utah lands, and 13 occurrences are on representation of a portion of the full Management administered Federal land. private lands (15 occurrences have split spectrum of the species genetic Significant portions are State of Utah Federal, State, and private ownership). diversity. lands. The remaining lands are private The following table summarizes lands; these lands are all mineral entry proposed P. grahamii critical habitat fee lands patented for their oil shale land ownership and acreages:
Federal (BLM) State of Utah land Private land Critical habitat population unit land ownership ownership ownership Total acres
Unit A ...... 111.45 0 13.35 124.80 Unit B ...... 1279.64 143.80 4.97 1428.39 Unit C...... 939.71 265.62 372.62 1577.95 Unit D ...... 111.91 13.16 72.05 197.12 Unit E ...... 174.10 0 1.32 175.42
Total ...... 2616.81 422.56 464.31 3503.68
Effects of Critical Habitat Designation species or result in destruction or designated, if no substantial new adverse modification of proposed information or changes in the action Section 7 Consultation critical habitat. This is a procedural alter the content of the opinion (see 50 Section 7 of the Act requires Federal requirement only. However, once a CFR 402.10(d)). As noted above, any agencies, including the Service, to proposed species becomes listed, or conservation recommendations in a ensure that actions they fund, authorize, proposed critical habitat is designated conference report or opinion are strictly or carry out are not likely to destroy or as final, the full prohibitions of section advisory. adversely modify critical habitat. In our 7(a)(2) apply to any Federal action. The If a species is listed or critical habitat regulations at 50 CFR 402.02, we define primary utility of the conference is designated, section 7(a)(2) of the Act destruction or adverse modification as procedures is to maximize the requires Federal agencies to ensure that ‘‘a direct or indirect alteration that opportunity for a Federal agency to activities they authorize, fund, or carry appreciably diminishes the value of adequately consider proposed species out are not likely to jeopardize the critical habitat for both the survival and and critical habitat and avoid potential continued existence of such a species or recovery of a listed species. Such delays in implementing their proposed to destroy or adversely modify its alterations include, but are not limited action as a result of the section 7(a)(2) critical habitat. If a Federal action may to, alterations adversely modifying any compliance process, should those affect a listed species or its critical of those physical or biological features species be listed or the critical habitat habitat, the responsible Federal agency that were the basis for determining the designated. (action agency) must enter into habitat to be critical.’’ However, recent Under conference procedures, the consultation with us. As a result of this decisions by the 5th and 9th Circuit Service may provide advisory consultation, compliance with the Court of Appeals have invalidated this conservation recommendations to assist requirements of section 7(a)(2) will be definition. Pursuant to current national the agency in eliminating conflicts that documented through the Service’s policy and the statutory provisions of may be caused by the proposed action. issuance of: (1) A concurrence letter for the Act, destruction or adverse The Service may conduct either Federal actions that may affect, but are modification is determined on the basis informal or formal conferences. Informal not likely to adversely affect, listed of whether, with implementation of the conferences are typically used if the species or critical habitat; or (2) a proposed Federal action, the affected proposed action is not likely to have any biological opinion for Federal actions critical habitat would remain functional adverse effects to the proposed species that may affect, but are likely to (or retain the current ability for the or proposed critical habitat. Formal adversely affect, listed species or critical primary constituent elements to be conferences are typically used when the habitat. functionally established) to serve the Federal agency or the Service believes When we issue a biological opinion intended conservation role for the the proposed action is likely to cause concluding that a project is likely to species. adverse effects to proposed species or result in jeopardy to a listed species or Section 7(a) of the Act requires critical habitat, inclusive of those that the destruction or adverse modification Federal agencies, including the Service, may cause jeopardy or adverse of critical habitat, we also provide to evaluate their actions with respect to modification. reasonable and prudent alternatives to any species that is proposed or listed as The results of an informal conference the project, if any are identifiable. endangered or threatened and with are typically transmitted in a conference ‘‘Reasonable and prudent alternatives’’ respect to its critical habitat, if any is report; while the results of a formal are defined at 50 CFR 402.02 as proposed or designated. Regulations conference are typically transmitted in a alternative actions identified during implementing this interagency conference opinion. Conference consultation that can be implemented in cooperation provision of the Act are opinions on proposed critical habitat are a manner consistent with the intended codified at 50 CFR part 402. typically prepared according to 50 CFR purpose of the action, that are consistent Section 7(a)(4) of the Act requires 402.14, as if the proposed critical with the scope of the Federal agency’s Federal agencies to confer with us on habitat were designated. We may adopt legal authority and jurisdiction, that are any action that is likely to jeopardize the conference opinion as the biological economically and technologically the continued existence of a proposed opinion when the critical habitat is feasible, and that the Director believes
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would avoid jeopardy to the listed needs of Penstemon grahamii in a (4) Activities that foster the species or destruction or adverse qualitative fashion without making introduction of non-native vegetation, modification of critical habitat. distinctions between what is necessary particularly noxious weeds, or create Reasonable and prudent alternatives can for survival and what is necessary for conditions that encourage the growth of vary from slight project modifications to recovery. Generally, if a proposed non-natives. These activities could extensive redesign or relocation of the Federal action is incompatible with the include, but are not limited to: project. Costs associated with viability of the affected core area Irrigation, supplemental feeding of implementing a reasonable and prudent population(s), inclusive of associated livestock, and ground disturbance alternative are similarly variable. habitat conditions, a jeopardy finding is associated with pipelines, roads, and Regulations at 50 CFR 402.16 require considered to be warranted, because of other soil-disturbing activities; and Federal agencies to reinitiate the relationship of each core area (5) Indirect effects that appreciably consultation on previously reviewed population to the survival and recovery decrease habitat value or quality (e.g., actions in instances where a new of the species as a whole. construction of fencing along the perimeter of the critical habitat leading species is listed or critical habitat is Adverse Modification Standard subsequently designated that may be to cattle congregation at the fence and affected and the Federal agency has The analytical framework described resultant focused disturbance, erosion, retained discretionary involvement or in the Director’s December 9, 2004, and changes to drainage patterns, soil control over the action or such memorandum is used to complete stability, and vegetative community discretionary involvement or control is section 7(a)(2) analyses for Federal composition). authorized by law. Consequently, some actions affecting Penstemon grahamii We consider all of the units proposed Federal agencies may request critical habitat. The key factor related to as critical habitat to contain features reinitiation of consultation with us on the adverse modification determination essential to the conservation of actions for which formal consultation is whether, with implementation of the Penstemon grahamii. All units are has been completed, if those actions proposed Federal action, the affected within the geographic range of the may affect subsequently listed species critical habitat would remain functional species and all were occupied by the or designated critical habitat or (or retain the current ability for the species at the time of listing. primary constituent elements to be adversely modify or destroy proposed Application of Section 3(5)(A) and functionally established) to serve the critical habitat. Exclusions Under Section 4(b)(2) of the intended conservation role for the Federal activities that may affect P. Act grahamii or its designated critical species. Generally, the conservation role Section 3(5)(A) of the Act defines habitat will require section 7 of Penstemon grahamii critical habitat critical habitat as the specific areas consultation under the Act. Activities units is to support viable core area within the geographic area occupied by on State, tribal, local or private lands populations. the species on which are found those requiring a Federal permit (such as a Section 4(b)(8) of the Act requires us to briefly evaluate and describe in any physical and biological features (i) permit from the Corps under section 404 essential to the conservation of the of the Clean Water Act or a permit proposed or final regulation that designates critical habitat those species, and (ii) which may require under section 10(a)(1)(B) of the Act from special management considerations or the Service) or involving some other activities involving a Federal action that may destroy or adversely modify such protection. Therefore, areas within the Federal action (such as funding from the geographic area occupied by the species Federal Highway Administration, habitat, or that may be affected by such designation. Activities that may destroy that do not contain the features essential Federal Aviation Administration, or the to the conservation of the species are Federal Emergency Management or adversely modify critical habitat may also jeopardize the continued existence not, by definition, critical habitat. Agency) will also be subject to the Similarly, areas within the geographic section 7 consultation process. Federal of the species. Activities that may destroy or area occupied by the species that actions not affecting listed species or adversely modify critical habitat are require no special management or critical habitat, and actions on State, those that alter the PCEs to an extent protection also are not, by definition, tribal, local or private lands that are not that the conservation value of critical critical habitat. federally-funded, authorized, or habitat for the P. grahamii is There are multiple ways to provide permitted, do not require section 7 appreciably reduced. Activities that, management for species habitat. consultations. when carried out, funded, or authorized Statutory and regulatory frameworks Application of the Jeopardy and by a Federal agency, may affect critical that exist at a local level can provide Adverse Modification Standards for habitat and therefore result in such protection and management, as can Actions Involving Effects to Penstemon consultation for the Penstemon lack of pressure for change, such as grahamii and Its Critical Habitat grahamii include, but are not limited to: areas too remote for anthropogenic (1) Activities that have the potential disturbance. Finally, State, local, or Jeopardy Standard to appreciably degrade or destroy private management plans as well as Prior to and following designation of Penstemon grahamii habitat and its management under Federal agencies critical habitat, the Service has applied PCE, including current oil and gas jurisdictions can provide protection and an analytical framework for Penstemon development, future oil shale and tar management to avoid the need for grahamii jeopardy analyses that relies sand development, road building, ORV designation of critical habitat. When we heavily on the importance of core area use, herbicide use, and intensive consider a plan to determine its populations to the survival and recovery livestock grazing; adequacy in protecting habitat, we of the P. grahamii. The section 7(a)(2) (2) Alteration of existing hydrology by consider whether the plan as a whole analysis is focused not only on these lowering the groundwater table or will provide the same level of protection populations but also on the habitat redirection of sheet flow from areas that designation of critical habitat conditions necessary to support them. adjacent to deflation hollows; would provide. The plan need not lead The jeopardy analysis usually (3) Compaction of soil through the to exactly the same result as a expresses the survival and recovery establishment of new trails or roads; designation in every individual
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application, as long as the protection it now provides: ‘‘The Secretary shall not Supervisor at the address in the provides is equivalent, overall. In designate as critical habitat any lands or ADDRESSES section above. making this determination, we examine other geographical areas owned or Clarity of the Rule whether the plan provides management, controlled by the Department of protection, or enhancement of the PCEs Defense, or designated for its use, that Executive Order 12866 requires each that is at least equivalent to that are subject to an integrated natural agency to write regulations that are easy provided by a critical habitat resources management plan prepared to understand. We invite your designation, and whether there is a under section 101 of the Sikes Act (16 comments on how to make this rule reasonable expectation that the U.S.C. 670a), if the Secretary determines easier to understand including answers management, protection, or in writing that such plan provides a to questions such as the following: (1) enhancement actions will continue into benefit to the species for which critical Are the requirements in the rule clearly the foreseeable future. Each review is habitat is proposed for designation.’’ We stated? (2) Does the rule contain particular to the species and the plan, consult with the military on the technical language or jargon that and some plans may be adequate for development and implementation of interferes with its clarity? (3) Does the some species and inadequate for others. INRMPs for installations with listed format of the rule (grouping and order The Raven Ridge ACEC sets out goals species. No military lands are included of sections, use of headings, for a management plan for the area, but within the areas proposed for paragraphing, etc.) aid or reduce its to date BLM has not completed formal designation as critical habitat, therefore clarity? (4) Would the rule be easier to management plans for these areas. If a no lands will be subject to non- understand if it were divided into more plan is finalized prior to our final inclusion under the authority of 4(a)(3) (but shorter) sections? (5) Is the determination, we will consider of the Act. description of the rule in the whether it provides special management SUPPLEMENTARY INFORMATION section of Economic Analysis and we may exclude these areas if we the preamble helpful in understanding determine that no additional special An analysis of the economic impacts the proposed rule? What else could we management is required. of proposing critical habitat for the do to make the rule easier to Section 4(b)(2) of the Act states that Penstemon grahamii is being prepared. understand? critical habitat shall be designated, and We will announce the availability of the Send a copy of any comments that revised, on the basis of the best draft economic analysis as soon as it is concern how we could make this rule available scientific data after taking into completed, at which time we will seek easier to understand to Office of consideration the economic impact, public review and comment. At that Regulatory Affairs, Department of the national security impact, and any other time, copies of the draft economic Interior, Room 7229, 1849 C Street, relevant impact, of specifying any analysis will be by contacting the Utah NW., Washington, DC 20240. You also particular area as critical habitat. The Field Office directly (see ADDRESSES may e-mail the comments to this Secretary may exclude an area from section). address: [email protected]. critical habitat if [s]he determines that the benefits of such exclusion outweigh Peer Review Required Determinations the benefits of specifying such area as In accordance with our joint policy Regulatory Planning and Review part of the critical habitat, unless [s]he published in the Federal Register on determines, based on the best scientific July 1, 1994 (59 FR 34270), we will seek In accordance with Executive Order data available, that the failure to the expert opinions of at least three 12866, this document is a significant designate such area as critical habitat appropriate and independent specialists rule in that it may raise novel legal and will result in the extinction of the regarding this proposed rule. The policy issues, but it is not anticipated to species. In making that determination, purpose of such review is to ensure that have an annual effect on the economy the Secretary is afforded broad our critical habitat designation is based of $100 million or more or affect the discretion and the Congressional record on scientifically sound data, economy in a material way. Due to the is clear that in making a determination assumptions, and analyses. We will tight timeline for publication in the under the section the Secretary has send these peer reviewers copies of this Federal Register, the Office of discretion as to which factors and how proposed rule immediately following Management and Budget (OMB) has not much weight will be given to any factor. publication in the Federal Register. We formally reviewed this rule. We are Under section 4(b)(2), in considering will invite these peer reviewers to preparing a draft economic analysis of whether to exclude a particular area comment, during the public comment this proposed action, which will be from the designation, we must identify period, on the specific assumptions and available for public comment, to the benefits of including the area in the conclusions regarding the proposed determine the economic consequences designation, identify the benefits of designation of critical habitat. of designating the specific area as excluding the area from the designation, We will consider all comments and critical habitat. This economic analysis and determine whether the benefits of information received during the also will be used to determine exclusion outweigh the benefits of comment period on this proposed rule compliance with Executive Order inclusion. If an exclusion is during preparation of a final 12866, Regulatory Flexibility Act, Small contemplated, then we must determine rulemaking. Accordingly, the final Business Regulatory Enforcement whether excluding the area would result decision may differ from this proposal. Fairness Act, and Executive Order in the extinction of the species. We are 12630. not proposing or considering any Public Hearings Within these areas, the types of exclusions under section 4(b)(2). The Act provides for one or more Federal actions or authorized activities The National Defense Authorization public hearings on this proposal, if that we have identified as potential Act for Fiscal Year 2004 (Pub. L. No. requested. Requests must be received concerns are listed above in the section 108–136) amended the ESA to limit within 45 days of the date of publication on Section 7 Consultation. The areas eligible for designation as critical of the proposal in the Federal Register. availability of the draft economic habitat. Specifically, section 4(a)(3)(B)(i) Such requests must be made in writing analysis will be announced in the of the ESA (16 U.S.C. 1533(a)(3)(B)(i)) and be addressed to the Field Federal Register and in local
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newspapers so that it is available for Executive Order 13211 These terms are defined in 2 U.S.C. public review and comments. The draft On May 18, 2001, the President issued 658(5)–(7). ‘‘Federal intergovernmental economic analysis can be obtained by an Executive Order (13211) on mandate’’ includes a regulation that contacting the Utah Field Office directly regulations that significantly affect ‘‘would impose an enforceable duty (see ADDRESSES section). energy supply, distribution, and use. upon State, local, or tribal governments’’ with two exceptions. It excludes ‘‘a Regulatory Flexibility Act Executive Order 13211 requires agencies to prepare Statements of Energy Effects condition of Federal assistance.’’ It also Under the Regulatory Flexibility Act when undertaking certain actions. excludes ‘‘a duty arising from (5 U.S.C. 601 et seq., as amended by the Although this proposed designation of participation in a voluntary Federal program,’’ unless the regulation ‘‘relates Small Business Regulatory Enforcement critical habitat is a significant regulatory to a then-existing Federal program Fairness Act (SBREFA) of 1996), action under Executive Order 12866, it under which $500,000,000 or more is whenever an agency is required to is not expected to significantly affect provided annually to State, local, and publish a notice of rulemaking for any energy supplies, distribution, or use. tribal governments under entitlement proposed or final rule, it must prepare Prohibitions to carry out energy authority,’’ if the provision would development or exploration are not and make available for public comment ‘‘increase the stringency of conditions of anticipated as a result of this action a regulatory flexibility analysis that assistance’’ or ‘‘place caps upon, or within the proposed designation. Based describes the effects of the rule on small otherwise decrease, the Federal on our experience with section 7 entities (i.e., small businesses, small Government’s responsibility to provide organizations, and small government consultations for all listed species, funding,’’ and the State, local, or tribal jurisdictions). However, no regulatory virtually all projects—including those governments ‘‘lack authority’’ to adjust flexibility analysis is required if the that, in their initial proposed form, accordingly. At the time of enactment, head of the agency certifies the rule will would result in jeopardy or adverse these entitlement programs were: not have a significant economic impact modification determinations in section Medicaid; AFDC work programs; Child on a substantial number of small 7 consultations—can be implemented Nutrition; Food Stamps; Social Services entities. The SBREFA amended the successfully with, at most, the adoption Block Grants; Vocational Rehabilitation Regulatory Flexibility Act (RFA) to of reasonable and prudent alternatives. State Grants; Foster Care, Adoption require Federal agencies to provide a These measures must be economically Assistance, and Independent Living; statement of the factual basis for feasible and within the scope of Family Support Welfare Services; and certifying that the rule will not have a authority of the Federal agency involved Child Support Enforcement. ‘‘Federal significant economic impact on a in the consultation. As we have no private sector mandate’’ includes a substantial number of small entities. consultation history for Penstemon regulation that ‘‘would impose an grahamii, we can only describe the At this time, the Service lacks the enforceable duty upon the private general kinds of actions that may be available economic information sector, except (i) a condition of Federal identified in future reasonable and necessary to provide an adequate factual assistance or (ii) a duty arising from prudent alternatives. These are based on participation in a voluntary Federal basis for the required RFA finding. our understanding of the needs of the Therefore, the RFA finding is deferred program.’’ species and the threats it faces. The The designation of critical habitat until completion of the draft economic kinds of actions that may be included in analysis prepared pursuant to section does not impose a legally binding duty future reasonable and prudent on non-Federal government entities or 4(b)(2) of the ESA and E.O. 12866. This alternatives for energy development draft economic analysis will provide the private parties. Under the Act, the only include stipulations on permits to drill regulatory effect is that Federal agencies required factual basis for the RFA for natural gas or oil and mineral leases must ensure that their actions do not finding. Upon completion of the draft may be necessary, in some destroy or adversely modify critical economic analysis, the Service will circumstances, to protect occupied habitat under section 7. While non- publish a notice of availability of the habitat from contamination or Federal entities that receive Federal draft economic analysis of the proposed degradation. However, these measures funding, assistance, or permits, or that designation and reopen the public and stipulations are not expected to otherwise require approval or comment period for the proposed significantly affect energy supplies, authorization from a Federal agency for designation for an additional 60 days. distribution or use. Therefore, this an action, may be indirectly impacted The Service will include with the notice action is not a significant energy action by the designation of critical habitat, the of availability, as appropriate, an initial and no Statement of Energy Effects is legally binding duty to avoid regulatory flexibility analysis or a required. destruction or adverse modification of certification that the rule will not have critical habitat rests squarely on the Unfunded Mandates Reform Act (2 a significant economic impact on a Federal agency. Furthermore, to the U.S.C. 1501 et seq.) substantial number of small entities extent that non-Federal entities are accompanied by the factual basis for In accordance with the Unfunded indirectly impacted because they that determination. The Service has Mandates Reform Act (2 U.S.C. 1501), receive Federal assistance or participate concluded that deferring the RFA the Service makes the following in a voluntary Federal aid program, the finding until completion of the draft findings: Unfunded Mandates Reform Act would economic analysis is necessary to meet This rule will not produce a Federal not apply; nor would critical habitat the purposes and requirements of the mandate. In general, a Federal mandate shift the costs of the large entitlement RFA. Deferring the RFA finding in this is a provision in legislation, statute or programs listed above on to State manner will ensure that the Service regulation that would impose an governments. makes a sufficiently informed enforceable duty upon State, local, tribal We do not believe that this rule will determination based on adequate governments, or the private sector and significantly or uniquely affect small economic information and provides the includes both ‘‘Federal governments because the majority of necessary opportunity for public intergovernmental mandates’’ and lands proposed for critical habitat comment. ‘‘Federal private sector mandates.’’ designation are Federal lands under
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jurisdiction of the BLM or State of Utah unduly burden the judicial system and With Native American Tribal lands. As such, Small Government meets the requirements of sections 3(a) Governments’’ (59 FR 22951), Executive Agency Plan is not required. We will, and 3(b)(2) of the Order. We have Order 13175, and the Department of the however, further evaluate this issue as proposed designating critical habitat in Interior’s requirement at 512 DM 2, we we conduct our economic analysis and accordance with the provisions of the understand that recognized Federal revise this assessment if appropriate. Endangered Species Act. This proposed Tribes must be related to on a rule uses standard property descriptions Government-to-Government basis. We Takings and identifies the primary constituent are not aware of any Tribal lands In accordance with Executive Order elements within the designated areas to essential for the conservation of 12630 (Government Actions and assist the public in understanding the Penstemon grahamii. Therefore, we are Interference with Constitutionally habitat needs of Penstemon grahamii. not proposing to designate critical Protected Private Property Rights), we habitat for these species on Tribal lands. have analyzed the potential takings Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) Additionally, the proposed designation implications of the proposed listing and does not contain any lands that we have designation of critical habitat for This rule does not contain any new identified as impacting Tribal trust Penstemon grahamii. The takings collections of information that require resources. implications assessment concludes that approval by OMB under the Paperwork this proposed rule does not pose Reduction Act. This rule will not References Cited significant takings implications. A copy impose recordkeeping or reporting of this assessment is available by requirements on State or local A complete list of references cited in contacting the Utah Field Office (see governments, individuals, businesses, or this rule is available upon request from ADDRESSES section). organizations. An agency may not the Field Supervisor, U.S. Fish and conduct or sponsor, and a person is not Wildlife Service, West Valley, Utah (see Federalism required to respond to, a collection of ADDRESSES). In accordance with Executive Order information unless it displays a Author 13132, the rule does not have significant currently valid OMB control number. Federalism effects. A Federalism The primary author of this document National Environmental Policy Act assessment is not required. In keeping is John L. England, Utah Field Office, with DOI and Department of Commerce It is our position that, outside the U.S. Fish and Wildlife Service, West policy, we requested information from, Tenth Circuit, we do not need to Valley, Utah (see ADDRESSES). and coordinated development of, this prepare environmental analyses as proposed critical habitat designation defined by the NEPA in connection with List of Subjects in 50 CFR Part 17 with appropriate State resource agencies designating critical habitat under the Endangered and threatened species, in Utah and Colorado. The designation Endangered Species Act of 1973, as Exports, Imports, Reporting and of critical habitat in areas currently amended. We published a notice occupied by the Penstemon grahamii outlining our reasons for this recordkeeping requirements, and imposes no additional restrictions to determination in the Federal Register Transportation. those currently in place and, therefore, on October 25, 1983 (48 FR 49244). This Proposed Regulation Promulgation has little incremental impact on State assertion was upheld in the courts of the and local governments and their Ninth Circuit (Douglas County v. Accordingly, we propose to amend activities. The designation may have Babbitt, 48 F.3d 1495 (9th Cir. Ore. part 17, subchapter B of Chapter I, title some benefit to these governments in 1995), cert. denied 116 S. Ct. 698 (1996). 50 of the Code of Federal Regulations, that the areas that contain the features However, when the range of the species as set forth below: essential to the conservation of the includes States within the Tenth species are more clearly defined, and Circuit, such as that of the Penstemon PART 17—[AMENDED] the primary constituent elements of the grahamii pursuant to the Tenth Circuit habitat necessary to the conservation of ruling in Catron County Board of 1. The authority citation for part 17 the species are specifically identified. Commissioners v. U.S. Fish and Wildlife continues to read as follows: While making this definition and Service, 75 F.3d 1429 (10th Cir. 1996), Authority: 16 U.S.C. 1361–1407; 16 U.S.C. identification does not alter where and we will undertake a NEPA analysis for 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– what federally sponsored activities may critical habitat designation and notify 625, 100 Stat. 3500, unless otherwise noted. occur, it may assist these local the public of the availability of the draft 2. Amend § 17.12(h) by adding the governments in long-range planning environmental assessment for this following, in alphabetical order under (rather than waiting for case-by-case proposal when it is finished. section 7 consultations to occur). Flowering Plants to the List of Government-to-Government Endangered and Threatened Plants: Civil Justice Reform Relationship With Tribes § 17.12 Endangered and threatened plants. In accordance with Executive Order In accordance with the President’s 12988, the Office of the Solicitor has memorandum of April 29, 1994, * * * * * determined that the rule does not ‘‘Government-to-Government Relations (h) * * *
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Species Historic Family Status When Critical Special Scientific name Common name range listed habitat rules
FLOWERING PLANTS
******* Penstemon grahamii Graham’s U.S.A. (CO, UT) ..... Scrophulariaceae .... T TBD 17.96(a) NA beardtongue.
*******
3. Amend § 17.96(a) by adding critical Duchesne and Uintah Counties, Utah, element, such as buildings, airports, habitat for Penstemon grahamii on the maps and as described below. roads, and the land on which such (Graham’s beardtongue) under the (2) Within these areas, the primary structures are located. family Scrophulariaceae in the same constituent element of critical habitat (4) Data layers defining map units alphabetical order as the species occurs for Penstemon grahamii is: Calcareous were created with GIS technology on a in § 17.12(h) to read as follows: shale knolls and slopes occupied by base map using digital orthophoto extant occurrences of Penstemon quadrangles and National Agricultural § 17.96 Critical habitat—plants. grahamii and dominated by dwarf Imagery Program imagery of the species (a) Flowering plants. shrubs and pulvinate plant life forms habitat. USGS quad maps used * * * * * characteristic of the species plant included: Seep Ridge 1:100,000 quad community type. with portions of Vernal and Rangely Family Scrophulariaceae: Penstemon (3) Critical habitat does not include quads to cover Raven Ridge in Colorado. grahamii (Graham’s beardtongue). manmade structures existing on the (5) Note: Index map of approximate (1) Critical habitat units are depicted effective date of this rule and not locations of critical habitat units for for Rio Blanco County, Colorado, and containing the primary constituent Penstemon grahamii (Index Map) follows:
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(6) Unit A—Sand Wash Unit, From U.S. Geological Survey (USGS) (1985) 7.5′ quadrangle maps, Salt Lake Duchesne and Uintah Counties, Utah. Duches Hole (1985), and Nutters Hole Base and Meridian (SLBM):
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(i) Sub-Unit A02: Duchesne County, (iii) Sub-Unit A04: Uintah County, 592386, 4409753; 592232, 4409627; Utah; within T11S R17E Sec 14 Utah; within T11S R17E Sec 23 NE1⁄4. 592157, 4409950; 592160, 4409693; SW1⁄4NW1⁄4, Sec 15 SE1⁄4NE1⁄4, Land bounded by the following UTM 592278, 4409860; 592086, 4409761; NE1⁄4SE1⁄4 (SLBM). Land bounded by Zone 12 NAD 83 coordinates (meters E, 592080, 4409833; 592105, 4409897; the following UTM Zone 12 NAD 83 meters N): 587655, 4411035; 587772, 592148, 4409950; 592427, 4409958. coordinates (meters E, meters N): 4411038; 587876, 4411129; 587918, (vi) Sub-Unit A07: Uintah County, 586370, 4412564; 586533, 4412573; 4411133; 587946, 4411168; 587945, Utah; within T11S R18E Sec 21 586533, 4412573; 586501, 4412590; 4411181; 587942, 4411220; 587634, SE1⁄4NE1⁄4, NE1⁄4SE1⁄4. Land bounded by 586498, 4412592; 586396, 4412592; 4411061; 587876, 4411220; 587723, the following UTM Zone 12 NAD 83 586363, 4412516; 586343, 4412518; 4411037; 587919, 4411244; 587728, coordinates (meters E, meters N): 586328, 4412505; 586354, 4412458; 4411231; 587864, 4411267; 587855, 594293, 4411360; 594246, 4411298; 586362, 4412411; 586383, 4412372; 4411090; 587640, 4411089; 587864, 594451, 4411272; 594477, 4411304; 586503, 4412414; 586416, 4412597; 4411267; 587768, 4411235; 587721, 594516, 4411410; 594477, 4411467; 586396, 4412348; 586545, 4412440; 4411229; 587656, 4411208; 587648, 594468, 4411503; 594355, 4411437; 586522, 4412414; 586532, 4412510; 4411178; 587641, 4411150; 587656, 594261, 4411337; 594277, 4411240; 586487, 4412414; 586493, 4412373; 4411124; 587832, 4411272. 594436, 4411500; 594260, 4411272; 586494, 4412368; 586484, 4412349; (iv) Sub-Unit A05: Uintah County, 594326, 4411193; 594260, 4411271; 586490, 4412327; 586480, 4412298; Utah; within T11S R17E Sec 24 1 1 1 1 594451, 4411271; 594430, 4411247; 586451, 4412300. N ⁄2NE ⁄4, SE ⁄4NE ⁄4. Land bounded by 594364, 4411197; 594451, 4411272; (ii) Sub-Unit A03: Duchesne and the following UTM Zone 12 NAD 83 594364, 4411197. Uintah Counties, Utah; within T11S coordinates (meters E, meters N): R17E Sec 23 SW1⁄4NE1⁄4, SE1⁄4NW1⁄4, 589510, 4411305; 589333, 4411274; (vii) Sub-Unit A09: Uintah County, NE1⁄4SW1⁄4, N1⁄2SE1⁄4, SE1⁄4SE1⁄4. Land 589466, 4411216; 589432, 4411202; Utah; within T11S R19E Sec 17 bounded by the following UTM Zone 12 589518, 4411197; 589379, 4411216; NW1⁄4NW1⁄4, Sec 18 NE1⁄4NE1⁄4. Land NAD 83 coordinates (meters E, meters 589385, 4411273; 589274, 4411276; bounded by the following UTM Zone 12 N): 587316, 4410650; 587521, 4410541; 589243, 4411369; 589258, 4411404; NAD 83 coordinates (meters E, meters 587344, 4410650; 587378, 4410611; 589633, 4411244; 589548, 4411186; N): 600553, 4413319; 600528, 4413559; 587423, 4410609; 587437, 4410583; 589665, 4411198; 589332, 4411375; 600361, 4413387; 600498, 4413324; 587327, 4410650; 587542, 4410531; 589674, 4411187; 589647, 4411158; 600657, 4413356; 600440, 4413362; 587602, 4410473; 587750, 4410437; 589633, 4411244; 589479, 4411149; 600408, 4413337; 600391, 4413391; 587821, 4410296; 587884, 4410372; 589627, 4411122; 589537, 4411092; 600355, 4413440; 600380, 4413484; 587282, 4410690; 587659, 4410587; 589475, 4411082; 589402, 4411018; 600363, 4413519; 600485, 4413550; 587856, 4410309; 587293, 4410770; 589343, 4410988; 589343, 4411040; 600713, 4413596; 600670, 4413410; 587294, 4410782; 587325, 4410812; 589406, 4411116; 589392, 4411153; 600586, 4413320; 600407, 4413570; 587350, 4410836; 587494, 4410849; 589438, 4411174. 600780, 4413539; 600533, 4413321; 587517, 4410823; 587517, 4410822; (v) Sub-Unit A06: Uintah County, 600700, 4413368; 600713, 4413596; 587517, 4410822; 587458, 4410810; Utah; within T11S R18E Sec 29 600787, 4413562; 600821, 4413566; 587473, 4410772; 587473, 4410772; NW1⁄4NE1⁄4, NE1⁄4NW1⁄4. Land bounded 600847, 4413540; 600869, 4413545; 587886, 4410377; 587614, 4410670; by the following UTM Zone 12 NAD 83 600876, 4413531; 600858, 4413513; 587783, 4410371; 587518, 4410740; coordinates (meters E, meters N): 600857, 4413414; 600829, 4413430; 587659, 4410587; 587932, 4410419; 592234, 4409897; 592427, 4409958; 600855, 4413365; 600848, 4413347; 587967, 4410464; 587960, 4410483; 592403, 4409966; 592379, 4409958; 600809, 4413358; 600743, 4413346; 587798, 4410573; 587731, 4410442; 592273, 4409896; 592227, 4409852; 600899, 4413428; 600789, 4413333. 587729, 4410568; 587940, 4410391; 592203, 4409859; 592178, 4409931; (viii) Note: Map of Unit A of critical habitat 587706, 4410567. 592163, 4409950; 592273, 4409672; for Penstemon grahamii (Map 1) follows:
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(7) Unit B—Seep Ridge Unit, Uintah NE (1966) and Bates Knolls (1966) 7.5′ (i) Sub-Unit B03: Uintah County, County, Utah, from USGS Agency Draw quadrangle maps, SLBM: Utah; within T12S R21E Sec 25 SE1⁄4,
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N1⁄2SW1⁄4, SE1⁄4SW1⁄4, SW1⁄4NW1⁄4, 627580, 4399318; 627712, 4400093; the following UTM Zone 12 NAD 83 NE1⁄4NE1⁄4, Sec 31 NW1⁄4NW1⁄4. Land 627966, 4399628; 627724, 4400079; coordinates (meters E, meters N): bounded by the following UTM Zone 12 627833, 4399884; 627896, 4399826; 628568, 4399288; 628569, 4399260; NAD 83 coordinates (meters E, meters 627879, 4399774; 627895, 4399730; 628550, 4399276; 628516, 4399233; N): 627432, 4399852; 627164, 4399979; 627913, 4399707; 627965, 4399703; 628525, 4399050; 628514, 4399151; 627214, 4399971; 627285, 4399932; 627954, 4399681; 627951, 4399674; 628496, 4399098; 628567, 4399292; 627379, 4399865; 627178, 4400038; 627976, 4399662; 627940, 4399726; 628678, 4399299; 628501, 4399185; 627448, 4399832; 627365, 4399941; 627977, 4399641; 627989, 4399655. 628603, 4399315; 628590, 4399350; 627123, 4399985; 627213, 4400070; (ii) Sub-Unit B04: Uintah County, 628619, 4399389; 628626, 4399423; 627163, 4400036; 627186, 4400062; Utah; within T12S R22E Sec 30 628690, 4399448; 628678, 4399361; 627206, 4400068; 627533, 4399869; SW1⁄4SW1⁄4, Sec 31 N1⁄2NW1⁄4, 628690, 4399290; 628690, 4399290; 627155, 4400132; 627642, 4399695; SW1⁄4NW1⁄4. Land bounded by the 628502, 4399030; 628500, 4398956; 627161, 4400125; 627117, 4400028; following UTM Zone 12 NAD 83 628709, 4399424; 628740, 4399258; 627668, 4399676; 626553, 4400592; coordinates (meters E, meters N): 628471, 4399029; 628719, 4399268; 627146, 4400232; 627789, 4399621; 628038, 4399200; 628037, 4399339; 628732, 4399224; 628749, 4399198; 627764, 4399655; 627819, 4399625; 627990, 4399289; 627987, 4399278; 628751, 4399156; 628659, 4399076; 627720, 4399674; 627583, 4399711; 628341, 4399769; 627983, 4399263; 628649, 4399044; 628590, 4399049; 627683, 4399676; 627564, 4399813; 628059, 4399070; 627983, 4399246; 628525, 4398998; 628386, 4398896; 627644, 4399717; 627572, 4399746; 628019, 4399095; 628039, 4399235; 628470, 4398951; 628690, 4399290; 627566, 4399762; 627571, 4399767; 628010, 4399177; 628024, 4399159; 628464, 4398883; 628464, 4398882; 628108, 4399368; 628060, 4399091; 627586, 4399782; 627584, 4399805; 628446, 4398852; 628404, 4398854; 628146, 4399573; 627998, 4399231; 627570, 4399810; 627798, 4399570; 628392, 4398882; 628691, 4399263; 628137, 4399619; 627996, 4399067; 626488, 4400408; 626511, 4400563; 628426, 4398992; 628458, 4398923. 628273, 4399206; 628329, 4399788; (v) Sub-Unit B07: Uintah County, 626636, 4400297; 626632, 4400327; 628301, 4399782; 628167, 4399690; Utah; within T12S R21E Sec 36 626593, 4400322; 626574, 4400350; 628168, 4399685; 628146, 4399518; E1⁄2SE1⁄4, T12S R22E Sec 31 N1⁄2SW1⁄4, 626482, 4400340; 626695, 4400293; 628144, 4399649; 628119, 4399406; SW1⁄4SW1⁄4, T13S R21E Sec 1 626467, 4400394; 626706, 4400264; 628131, 4399528; 628126, 4399514; NE1⁄4NE1⁄4, T13S R22E Sec 6 626480, 4400454; 626469, 4400525; 628124, 4399476; 628082, 4399474; NW1⁄4NW1⁄4. Land bounded by the 626539, 4400521; 626587, 4400611; 628057, 4399419; 628065, 4399389; following UTM Zone 12 NAD 83 626636, 4400592; 627810, 4399541; 628173, 4399663; 628338, 4399520; coordinates (meters E, meters N): 627562, 4400235; 626466, 4400353; 628210, 4399293; 628233, 4399345; 628182, 4398757; 628140, 4398750; 626881, 4400208; 627072, 4400227; 628288, 4399323; 628322, 4399342; 628092, 4398722; 628069, 4398679; 627053, 4400223; 627028, 4400184; 628309, 4399449; 628195, 4399282; 628315, 4398690; 627994, 4398620; 626972, 4400183; 626957, 4400150; 628325, 4399488; 628332, 4399395; 628275, 4398258; 627994, 4398620; 626925, 4400166; 626665, 4400273; 628343, 4399666; 628343, 4399688; 628363, 4398537; 628364, 4398532; 626849, 4400176; 627099, 4400201; 628342, 4399688; 628341, 4399769; 628363, 4398508; 628362, 4398479; 626885, 4400292; 626856, 4400217; 627987, 4399055; 628276, 4399152; 628280, 4398320; 628240, 4398196; 626804, 4400173; 626759, 4400183; 628249, 4399460; 628065, 4398986; 627987, 4398477; 627794, 4398230; 626757, 4400186; 626735, 4400214; 627987, 4399039; 627994, 4399017; 628357, 4398392; 628119, 4398165; 626694, 4400228; 626855, 4400162; 628291, 4399460; 628040, 4398984; 628240, 4398196; 627858, 4398324; 627310, 4400070; 626636, 4400592; 628159, 4399255; 628162, 4399035; 628136, 4398174; 627978, 4398471; 627290, 4400374; 627329, 4400271; 628193, 4399067; 628220, 4399123; 628032, 4398074; 628025, 4398069; 627295, 4400185; 627323, 4400159; 628222, 4399107; 628295, 4399076; 628004, 4398054; 627963, 4398026; 627328, 4400131; 627212, 4400440; 628254, 4399185; 628262, 4399234; 627928, 4398074; 627884, 4398087; 627311, 4400088; 627187, 4400441; 628225, 4399233; 628269, 4399075; 627807, 4398267; 627881, 4398398; 627310, 4400063; 627320, 4400070; 628168, 4399225; 628196, 4399256. 627928, 4398443; 627933, 4398067; 627404, 4400133; 627453, 4400230; (iii) Sub-Unit B05: Uintah County, 628175, 4398165. 627495, 4400222; 627544, 4400246; Utah; within T12S R22E Sec 31 (vi) Sub-Unit B08: Uintah County, 627606, 4400208; 627285, 4400083; NE1⁄4NW1⁄4, S1⁄2NW1⁄4. Land bounded Utah; within T12S R22E Sec 33 626928, 4400410; 627666, 4400207; by the following UTM Zone 12 NAD 83 W1⁄2NW1⁄4. Land bounded by the 627779, 4399485; 626670, 4400481; coordinates (meters E, meters N): following UTM Zone 12 NAD 83 626725, 4400462; 626725, 4400460; 628482, 4399266; 628587, 4399529; coordinates (meters E, meters N): 626752, 4400394; 627231, 4400386; 628569, 4399484; 628578, 4399465; 631510, 4399210; 631417, 4399334; 626895, 4400438; 627301, 4400231; 628517, 4399377; 628527, 4399335; 631424, 4399360; 631442, 4399361; 626966, 4400405; 626975, 4400372; 628495, 4399314; 628426, 4399152; 631468, 4399335; 631472, 4399331; 627006, 4400359; 627006, 4400335; 628500, 4399281; 628451, 4399183; 631494, 4399326; 631524, 4399284; 627044, 4400338; 627117, 4400370; 628425, 4399169; 628350, 4399269; 631539, 4399220; 631376, 4399281; 627155, 4400409; 626764, 4400367; 628576, 4399543; 628499, 4399287; 631366, 4399182; 631518, 4399268; 627862, 4399294; 628045, 4399637; 628395, 4399107; 628365, 4399285; 631446, 4399079; 631298, 4399189; 628111, 4399626; 628124, 4399610; 628483, 4399458; 628426, 4399152; 631522, 4399182; 631505, 4399159; 628116, 4399565; 628081, 4399517; 628357, 4399121; 628352, 4399139; 631515, 4399132; 631484, 4399081; 628035, 4399483; 627993, 4399394; 628337, 4399192; 628428, 4399382; 631412, 4399014; 631384, 4398995; 627977, 4399629; 627902, 4399309; 628366, 4399283; 628356, 4399314; 631355, 4399002; 631297, 4399084; 627635, 4399271; 627701, 4399302; 628371, 4399359; 628350, 4399266; 631414, 4399319; 631288, 4399145; 627667, 4399272; 627704, 4400152; 628431, 4399438. 631510, 4399210; 631497, 4399093. 627581, 4399283; 627330, 4400320; (iv) Sub-Unit B06: Uintah County, (vii) Sub-Unit B09: Uintah County, 627655, 4399376; 627682, 4399439; Utah; within T12S R 22E Sec 31 Utah; within T13S R22E Sec 5 627981, 4399383; 627778, 4400013; E1⁄2NW1⁄4, NE1⁄4SW1⁄4. Land bounded by NW1⁄4SE1⁄4. Land bounded by the
VerDate Aug<31>2005 16:22 Jan 18, 2006 Jkt 208001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\19JAP2.SGM 19JAP2 wwhite on PROD1PC65 with PROPOSALS2 3180 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Proposed Rules
following UTM Zone 12 NAD 83 4397401; 632047, 4396473; 632617, 4396803; 633015, 4396941; 633021, coordinates (meters E, meters N): 4396178; 632598, 4396272; 632614, 4397023; 633006, 4397095; 633098, 630600, 4397109; 630611, 4397116; 4396327; 632421, 4396412; 632400, 4397056; 633143, 4396955; 633217, 630649, 4397011; 630648, 4397047; 4396421; 632372, 4396501; 632343, 4397028; 633222, 4397032; 633260, 630659, 4397056; 630594, 4397089; 4396456; 632296, 4396464; 632233, 4397033; 633249, 4396945; 632955, 630604, 4397006; 630643, 4397002; 4396525; 632233, 4396526; 632213, 4396833; 633221, 4396787; 633037, 630649, 4397011; 630653, 4397093. 4396565; 631918, 4396857; 632152, 4397102; 633127, 4396583; 633067, (viii) Sub-Unit B10: Uintah County, 4396499; 631907, 4397118; 632017, 4396550; 633025, 4396575; 632998, Utah; within T13S R22E Sec 5 4396501; 632017, 4396522; 631995, 4396539; 632965, 4396495; 632997, NW1⁄4SE1⁄4, NW1⁄4SE1⁄4, SE1⁄4NW1⁄4, 4396521; 631915, 4396594; 631927, 4396462; 632934, 4396403; 632827, SW1⁄4NE1⁄4. Land bounded by the 4396637; 631664, 4398167; 631890, 4396387; 632825, 4396385; 632702, following UTM Zone 12 NAD 83 4396793; 631770, 4397766; 631881, 4397183; 632504, 4398141; 633231, coordinates (meters E, meters N): 4396890; 631874, 4396921; 631832, 4396804; 632929, 4397273; 632719, 630484, 4395690; 630322, 4395682; 4397112; 631868, 4397135; 632175, 4397124; 632694, 4397066; 632647, 630606, 4395688; 630323, 4395687; 4396525; 632241, 4398307; 631700, 4397027; 632660, 4396955; 632725, 630327, 4395711; 630386, 4395713; 4398124; 632117, 4398215; 632142, 4397008; 632771, 4397168; 633117, 630421, 4395701; 630474, 4395682; 4398136; 632190, 4397985; 632189, 4396978; 632819, 4397244; 632887, 630313, 4395520; 630550, 4395740; 4397914; 632232, 4397872; 632223, 4396619; 632809, 4396973; 632761, 630574, 4395739; 630606, 4395713; 4398045; 632248, 4398089; 632283, 4396937; 632725, 4396911; 632706, 630606, 4395692; 630340, 4395657; 4398085; 632227, 4398138; 632194, 4396814; 632867, 4396593; 632888, 630454, 4395689; 630486, 4395449; 4398169; 632083, 4398381; 632155, 4396522; 632812, 4397233; 632662, 630308, 4395580; 630395, 4395634; 4398324; 632058, 4398427; 632256, 4396751; 632859, 4396537; 632888, 630606, 4395688; 630563, 4395575; 4398380; 632244, 4398408; 632210, 4396537; 632857, 4396538; 632841, 630459, 4395430; 630436, 4395432; 4398383; 632203, 4398444; 632250, 4396598; 632821, 4396585; 632794, 630361, 4395594; 630564, 4395628; 4398498; 632378, 4398543; 632390, 4396565; 632787, 4396673; 632766, 630387, 4395612; 630430, 4395466; 4396736; 632735, 4396791. 4398524; 632401, 4398506; 632390, 630298, 4395538; 630370, 4395511; (xi) Sub-Unit B13: Uintah County, 4398492; 632870, 4397292; 632702, 630385, 4395457; 630426, 4395465. Utah; within T12S R22E Sec 34 4396177; 632155, 4398229; 631882, (ix) Sub-Unit B11: Uintah County, SW1⁄4SW1⁄4, T13S R22E Sec 3 4398073; 631756, 4397879; 631795, Utah; within T13S R22E Sec 4 NW1⁄4NW1⁄4. Land bounded by the 4397912; 631831, 4397905; 631825, SE1⁄4NW1⁄4. Land bounded by the following UTM Zone 12 NAD 83 following UTM Zone 12 NAD 83 4397927; 631748, 4398028; 631695, coordinates (meters E, meters N): coordinates (meters E, meters N): 4398129; 631684, 4398282; 631720, 632985, 4398111; 632876, 4398170; 631618, 4397500; 631695, 4397361; 4398284; 631727, 4398231; 631767, 632865, 4398234; 632895, 4398245; 631642, 4397416; 631643, 4397437; 4398276; 631805, 4398273; 632076, 632876, 4398261; 632854, 4398195; 631652, 4397448; 631632, 4397450; 4398275; 631903, 4398133; 631739, 632882, 4398282; 632936, 4398302; 631621, 4397466; 631678, 4397364; 4397804; 631920, 4397970; 631984, 632952, 4398297; 632974, 4398150; 631629, 4397516; 631603, 4397570; 4397996; 631977, 4398109; 631964, 633032, 4398077; 632918, 4398166; 631658, 4397666; 631679, 4397674; 4398134; 631936, 4398191; 631865, 632953, 4398218; 633008, 4398110; 631695, 4397666; 631705, 4397651; 4398258; 631925, 4398313; 631896, 632903, 4398149; 632947, 4398077; 631798, 4397551; 631705, 4397599; 4398460; 631988, 4398512; 632018, 632994, 4398097; 633038, 4398103; 631769, 4397517; 631705, 4397599; 4398530; 632046, 4398473; 631921, 632975, 4398046; 632912, 4398077; 631821, 4397475; 631695, 4397570; 4398183; 632982, 4397886; 632759, 632909, 4398089; 632930, 4398099; 631770, 4397551; 631706, 4397383; 4397194; 632635, 4398292; 632682, 632932, 4398115; 632896, 4398142; 631749, 4397494; 631787, 4397521; 4398313; 632715, 4398307; 632747, 632985, 4398111. 631787, 4397541; 631755, 4397383; 4398293; 632797, 4398237; 632839, (xii) Sub-Unit B14: Uintah County, 631818, 4397542; 631782, 4397444; 4398189; 632821, 4398170; 632839, Utah; within T13S R22E Sec 3 631790, 4397432; 631780, 4397398; 4398148; 632893, 4398080; 632647, W1⁄2NW1⁄4. Land bounded by the 631732, 4397391; 631723, 4397583. 4398448; 632926, 4397885; 632615, following UTM Zone 12 NAD 83 (x) Sub-Unit B12: Uintah County, 4398513; 632989, 4397745; 632991, coordinates (meters E, meters N): Utah; within T12S R22E Sec 33 4397706; 632959, 4397654; 632971, 633139, 4397687; 633056, 4397986; S1⁄2SE1⁄4, SE1⁄4SW1⁄4, Sec 34 4397540; 632958, 4397492; 632895, 633055, 4397939; 632988, 4397960; SW1⁄4SW1⁄4, T13S R22E Sec 3 SW1⁄4, 4397429; 632948, 4397398; 632887, 632987, 4397978; 633003, 4397991; W1⁄2NW1⁄4, Sec 4 NE1⁄4, E1⁄2NW1⁄4, SE1⁄4, 4397342; 632828, 4397287; 632811, 633079, 4397957; 633120, 4397938; E1⁄2SW1⁄4, Sec 9 N1⁄2NE1⁄4, NW1⁄4NW1⁄4. 4397268; 632769, 4397221; 632952, 633106, 4397795; 633138, 4397747; Land bounded by the following UTM 4397958; 632410, 4398141; 632335, 633133, 4397719; 633028, 4397844; Zone 12 NAD 83 coordinates (meters E, 4398421; 632313, 4398328; 632371, 633142, 4397741; 633050, 4397651; meters N): 632043, 4397001; 632103, 4398393; 632392, 4398370; 632403, 633029, 4397931; 633003, 4397897; 4397014; 632138, 4396977; 632079, 4398359; 632393, 4398320; 632378, 633101, 4397606; 633075, 4397631; 4396993; 632049, 4396944; 632000, 4398258; 632337, 4398166; 632366, 633139, 4397687; 633072, 4397663; 4396957; 632013, 4396995; 632010, 4398140; 632382, 4398126; 632652, 633020, 4397675; 633057, 4397705; 4396988; 632010, 4397028; 632010, 4398364; 632405, 4398124; 632546, 633028, 4397733; 633034, 4397746; 4396998; 632011, 4396954; 631927, 4398356; 632460, 4398309; 632487, 633041, 4397759; 633017, 4397788; 4397096; 631838, 4397265; 631844, 4398293; 632486, 4398170; 632477, 633063, 4397615. 4397322; 632335, 4398421; 631848, 4398142; 632461, 4398090; 632816, (xiii) Sub-Unit B15: Uintah County, 4397357; 631925, 4397073; 631886, 4396988; 632505, 4398142; 632702, Utah; within T13S R22E Sec 3 4397422; 631864, 4396706; 631889, 4396253; 632518, 4398414; 632521, NW1⁄4SW1⁄4, SW1⁄4NW1⁄4. Land bounded 4397548; 631906, 4397561; 631765, 4398473; 632530, 4398524; 632397, by the following UTM Zone 12 NAD 83 4397618; 631768, 4397723; 631904, 4398125; 633187, 4396727; 633005, coordinates (meters E, meters N):
VerDate Aug<31>2005 16:22 Jan 18, 2006 Jkt 208001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\19JAP2.SGM 19JAP2 wwhite on PROD1PC65 with PROPOSALS2 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Proposed Rules 3181
633028, 4397327; 632977, 4397265; 4395253; 633942, 4395248; 633967, 630611, 4390646; 630773, 4390842; 632983, 4397286; 633016, 4397284; 4395211; 633850, 4395084; 633879, 630661, 4390704; 630703, 4390726; 633034, 4397269; 633040, 4397344; 4395371; 633902, 4395120; 633909, 630756, 4390866; 630687, 4390781; 633042, 4397347; 633063, 4397349; 4395731; 633948, 4395235; 633831, 630582, 4390854; 630436, 4390496; 633064, 4397344; 633082, 4397276; 4395439; 633832, 4395407; 633847, 630413, 4390531; 630365, 4390541; 633052, 4397123; 632990, 4397221; 4395032; 634018, 4395719; 633983, 630280, 4390617; 630289, 4390634; 633176, 4397191; 632976, 4397179; 4395742; 633941, 4395697; 633949, 630256, 4390640; 630206, 4390676; 633127, 4397219; 633152, 4397218; 4395589; 633883, 4395528; 633903, 630179, 4390730; 630608, 4390864; 633171, 4397155; 633193, 4397126; 4395675; 633781, 4395450; 633862, 630773, 4390842; 630706, 4390762. 633177, 4397053; 633129, 4397040; 4395400; 633853, 4395472; 633907, (xix) Sub-Unit B21: Uintah County, 633099, 4397056; 633082, 4397276; 4395505; 633917, 4395493; 633965, Utah; within T13S R22E Sec 21 632999, 4397147; 633117, 4397186. 4395497; 633984, 4395452; 633963, NW1⁄4NE1⁄4, NE1⁄4NW1⁄4. Land bounded (xiv) Sub-Unit B16: Uintah County, 4395460; 633934, 4395441; 633896, by the following UTM Zone 12 NAD 83 Utah; within T13S R22E Sec 10 4395453; 633811, 4395531; 634087, coordinates (meters E, meters N): N1⁄2SW1⁄4. Land bounded by the 4395656; 634162, 4395549; 634112, 631869, 4392991; 631980, 4393142; following UTM Zone 12 NAD 83 4395497; 634069, 4395499; 634037, 632079, 4392993; 631980, 4392972; coordinates (meters E, meters N): 4395517; 634047, 4395532; 634058, 631834, 4392962; 631802, 4393008; 633223, 4395616; 633241, 4395584; 4395547; 634098, 4395539; 633894, 631775, 4393012; 631763, 4393030; 633211, 4395520; 633222, 4395542; 4395391; 634110, 4395647; 634095, 631805, 4392979; 631791, 4393065; 633241, 4395553; 633242, 4395557; 4395515; 634103, 4395702; 634086, 632079, 4392993; 632072, 4393115; 633169, 4395616; 633128, 4395577; 4395732; 634060, 4395735; 634046, 632077, 4393110; 632098, 4393091; 633119, 4395549; 633134, 4395511; 4395718; 634051, 4395694; 634044, 632138, 4393089; 632157, 4393058; 633170, 4395500; 633211, 4395520; 4395692; 634013, 4395683; 633871, 632149, 4393033; 632113, 4393001; 633247, 4395575. 4395017; 634131, 4395612; 634150, 631765, 4393046. (xv) Sub-Unit B17: Uintah County, 4395107; 633909, 4395028; 633953, (xx) Sub-Unit B22: Uintah County, Utah; within T13S R22E Sec 10 4395067; 633997, 4395075; 634020, Utah; within T13S R22E Sec21 NE1⁄4. E1⁄2SW1⁄4, W1⁄2SE1⁄4. Land bounded by 4395056; 634047, 4395056; 634047, Land bounded by the following UTM the following UTM Zone 12 NAD 83 4395511; 634085, 4395095; 634178, Zone 12 NAD 83 coordinates (meters E, coordinates (meters E, meters N): 4395544; 634193, 4395152; 634202, meters N): 632482, 4392984; 632484, 633708, 4395156; 633427, 4395312; 4395198; 634154, 4395404; 634055, 4392886; 632517, 4393008; 632380, 633455, 4395340; 633473, 4395358; 4395065; 634149, 4395479; 634146, 4392940; 632402, 4392935; 632433, 633473, 4395340; 633472, 4395296; 4395259; 634103, 4395359; 634104, 4392992; 632447, 4392957; 632479, 633501, 4395217; 633568, 4395225; 4395349; 634107, 4395298; 634089, 4392930; 632346, 4393026; 632476, 633625, 4395115; 633662, 4395118; 4395289; 634083, 4395259; 634018, 4392888; 632372, 4393123; 632523, 633552, 4395643; 633703, 4395185; 4395719. 4392875; 632538, 4392884; 632543, 633391, 4395297; 633652, 4395117; (xvii) Sub-Unit B19: Uintah County, 4392909; 632547, 4392936; 632536, 633368, 4395330; 633323, 4395331; Utah; within T13S R22E Sec 17 4392996; 632488, 4392977; 632467, 633312, 4395338; 633284, 4395355; SW1⁄4NW1⁄4, Sec 18 SE1⁄4NE1⁄4. Land 4392999; 632477, 4392908; 632479, 633272, 4395394; 633323, 4395455; bounded by the following UTM Zone 12 4393190; 632482, 4393003; 632503, 633326, 4395500; 633346, 4395518; NAD 83 coordinates (meters E, meters 4393010; 632512, 4393101; 632495, 633374, 4395514; 633379, 4395590; N): 629480, 4394165; 629500, 4394237; 4393121; 632480, 4393123; 632469, 633422, 4395630; 633650, 4395227; 629656, 4394290; 629641, 4394303; 4393124; 632361, 4392966; 632491, 633512, 4395640; 633571, 4395170; 629629, 4394314; 629605, 4394289; 4393161; 632467, 4392999; 632470, 633496, 4395618; 633700, 4395619; 629554, 4394302; 629502, 4394262; 4393208; 632477, 4393258; 632477, 633560, 4395541; 633591, 4395495; 629475, 4394217; 629661, 4394256; 4393258; 632477, 4393258; 632463, 633596, 4395445; 633646, 4395437; 629510, 4394134; 629525, 4394289; 4393274; 632441, 4393272; 632362, 633647, 4395437; 633532, 4395501; 629642, 4394215; 629638, 4394206; 4393192; 632479, 4393141. 633670, 4395513; 633687, 4395481; 629612, 4394193; 629573, 4394203; (xxi) Sub-Unit B23: Uintah County, 633650, 4395641; 633643, 4395639; 629656, 4394290; 629561, 4394163; Utah; within T13S R22E Sec21 633591, 4395623; 633552, 4395643; 629532, 4394134. E1⁄2NE1⁄4. Land bounded by the 633622, 4395249; 633547, 4395194; (xviii) Sub-Unit B20: Uintah County, following UTM Zone 12 NAD 83 633681, 4395461; 633637, 4395381; Utah; within T13S R22E Sec 29 coordinates (meters E, meters N): 633623, 4395293; 633715, 4395584; NE1⁄4SW1⁄4, NW1⁄4SE1⁄4. Land bounded 632542, 4393087; 632539, 4393052; 633544, 4395468; 633648, 4395344; by the following UTM Zone 12 NAD 83 632675, 4392917; 632672, 4392988; 633651, 4395351; 633648, 4395359; coordinates (meters E, meters N): 632672, 4393210; 632533, 4393131; 633647, 4395343; 633607, 4395391; 630434, 4390761; 630542, 4390833; 632572, 4393301; 632519, 4393274; 633581, 4395377; 633597, 4395415; 630469, 4390861; 630538, 4390718; 632669, 4392912; 632560, 4393106; 633566, 4395437; 633522, 4395391; 630511, 4390641; 630509, 4390650; 632696, 4393079; 632558, 4393014; 633499, 4395430. 630494, 4390738; 630503, 4390812; 632560, 4392925; 632573, 4392910; (xvi) Sub-Unit B18: Uintah County, 630490, 4390855; 630520, 4390793; 632588, 4392893; 632645, 4392890; Utah; within T13S R22E Sec 10 SE1⁄4. 630437, 4390861; 630421, 4390851; 632669, 4392912; 632506, 4393233; Land bounded by the following UTM 630574, 4390832; 630762, 4390864; 632599, 4393288. Zone 12 NAD 83 coordinates (meters E, 630183, 4390697; 630399, 4390770; (xxii) Sub-Unit B24: Uintah County, meters N): 633782, 4395345; 633770, 630341, 4390849; 630316, 4390859; Utah; within T13S R22E Sec 16 4395303; 633796, 4395399; 633751, 630260, 4390858; 630250, 4390837; SE1⁄4SE1⁄4, Sec 21 E1⁄2NE1⁄4. Land 4395061; 633747, 4395252; 633731, 630173, 4390826; 630136, 4390807; bounded by the following UTM Zone 12 4395192; 633746, 4395174; 633735, 630438, 4390789; 630750, 4390788; NAD 83 coordinates (meters E, meters 4395092; 633782, 4395284; 633783, 630134, 4390784; 630467, 4390489; N): 632688, 4393346; 632796, 4392881; 4395052; 633885, 4395166; 633915, 630512, 4390501; 630551, 4390512; 632776, 4392856; 632816, 4392865;
VerDate Aug<31>2005 16:22 Jan 18, 2006 Jkt 208001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\19JAP2.SGM 19JAP2 wwhite on PROD1PC65 with PROPOSALS2 3182 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Proposed Rules
632870, 4393149; 632723, 4392887; 632712, 4391850; 632667, 4391804; the following UTM Zone 12 NAD 83 632716, 4392913; 632695, 4392985; 632580, 4391783; 632554, 4391794; coordinates (meters E, meters N): 632735, 4393144; 632654, 4393297; 632531, 4391781; 632502, 4391782; 633666, 4392056; 633647, 4391987; 632848, 4392888; 632666, 4393314; 632468, 4391784; 632713, 4391875; 633617, 4391976; 633631, 4391957; 632755, 4393323; 632848, 4392888; 632379, 4391781; 632805, 4391904; 633705, 4392099; 633728, 4392125; 632879, 4393072; 632846, 4393011; 632295, 4391811; 632349, 4391858; 633752, 4392151; 633750, 4392175; 632847, 4392915; 632834, 4392868; 632370, 4391854; 632411, 4391870; 633728, 4392184; 633704, 4392176; 632760, 4393316. 632499, 4391945; 632627, 4392053; 633691, 4392172; 633580, 4391906; (xxiii) Sub-Unit B25: Uintah County, 632704, 4392067; 632747, 4392036; 633628, 4392123; 633582, 4392110; Utah; within T13S R22E Sec 21 632753, 4392016; 632792, 4392007; 633585, 4392071; 633534, 4392021; N1⁄2SE1⁄4, S1⁄2NE1⁄4. Land bounded by 632412, 4391767. 633513, 4391969; 633520, 4391919; the following UTM Zone 12 NAD 83 (xxvii) Sub-Unit B29: Uintah County, 633608, 4391918; 633608, 4391918; coordinates (meters E, meters N): Utah; within T13S R22E Sec 22 633636, 4392126. 632405, 4392548; 632400, 4392504; SW1⁄4SW1⁄4. Land bounded by the (xxxii) Sub-Unit B34: Uintah County, 632400, 4392500; 632430, 4392474; following UTM Zone 12 NAD 83 Utah; within T13S R22E Sec 22 632387, 4392458; 632355, 4392450; coordinates (meters E, meters N): SE1⁄4SW1⁄4, SW1⁄4SE1⁄4. Land bounded 632325, 4392462; 632266, 4392458; 633005, 4392005; 633051, 4391885; by the following UTM Zone 12 NAD 83 632400, 4392407; 632224, 4392412; 633147, 4392075; 633166, 4392055; coordinates (meters E, meters N): 632241, 4392391; 632488, 4392627; 633123, 4392076; 632965, 4391932; 633825, 4391937; 633802, 4391945; 632265, 4392388; 632491, 4392453; 632990, 4391881; 633116, 4391945; 633713, 4391929; 633686, 4391953; 632587, 4392501; 632437, 4392610; 633210, 4391994; 633243, 4392038; 633843, 4391951; 633761, 4392012; 632427, 4392573; 632491, 4392453; 633224, 4392047; 633164, 4392037; 633984, 4392029; 633707, 4391970; 632644, 4392503; 632647, 4392509; 633166, 4392055; 632972, 4391898. 633875, 4391916; 633928, 4391921; 632656, 4392526; 632396, 4392474; (xxviii) Sub-Unit B30: Uintah County, 633957, 4391905; 634000, 4392000; 632605, 4392546; 632599, 4392572; Utah; within T13S R22E Sec 22 633928, 4392023; 633891, 4392062; 632470, 4392636. SW1⁄4SW1⁄4. Land bounded by the 633891, 4392062; 633708, 4391933; (xxiv) Sub-Unit B26: Uintah County, following UTM Zone 12 NAD 83 633995, 4391953; 633788, 4391933. Utah; within T13S R22E Sec21 coordinates (meters E, meters N): (xxxiii) Sub-Unit B35: Uintah County, N1⁄2SE1⁄4. Land bounded by the 633273, 4391978; 633168, 4391948; Utah; within T13S R22E Sec 22 following UTM Zone 12 NAD 83 633142, 4391923; 633119, 4391926; S1⁄2SE1⁄4, Sec 27 NW1⁄4NE1⁄4. Land coordinates (meters E, meters N): 633099, 4391898; 633114, 4391879; bounded by the following UTM Zone 12 632586, 4392431; 632343, 4392199; 633151, 4391878; 633179, 4391880; NAD 83 coordinates (meters E, meters 632673, 4392324; 632631, 4392295; 633189, 4391898; 633258, 4391897; N): 634113, 4391805; 633919, 4391594; 632658, 4392367; 632495, 4392237; 633258, 4391939; 633186, 4391941; 634042, 4391687; 634052, 4391728; 632465, 4392225; 632409, 4392165; 633273, 4391978; 633241, 4391991; 634085, 4391765; 634113, 4391775; 632354, 4392171; 632681, 4392347; 633275, 4391913. 634074, 4391670; 634115, 4391805; 632307, 4392209; 632354, 4392309; (xxix) Sub-Unit B31: Uintah County, 634067, 4391685; 633981, 4391800; 632375, 4392313; 632398, 4392351; Utah; within T13S R22E Sec 22 633949, 4391776; 633924, 4391735; 632492, 4392399; 632618, 4392411; S1⁄2SW1⁄4. Land bounded by the 633926, 4391726; 633935, 4391681; 632618, 4392411; 632600, 4392360; following UTM Zone 12 NAD 83 633907, 4391618; 634116, 4391776; 632458, 4392387. coordinates (meters E, meters N): 633973, 4391516; 634011, 4391650; (xxv) Sub-Unit B27: Uintah County, 633340, 4391858; 633306, 4391865; 634019, 4391660; 634048, 4391639; Utah; within T13S R22E Sec 21 SE1⁄4. 633299, 4391867; 633287, 4391840; 634045, 4391720; 634008, 4391587; Land bounded by the following UTM 633297, 4391810; 633307, 4391800; 633943, 4391512; 633907, 4391558; Zone 12 NAD 83 coordinates (meters E, 633339, 4391795; 633319, 4391788; 634074, 4391670. meters N): 632409, 4392101; 632772, 633360, 4391816; 633339, 4391795. (xxxiv) Sub-Unit B36: Uintah County, 4392128; 632383, 4391929; 632411, (xxx) Sub-Unit B32: Uintah County, Utah; within T13S R22E Sec 27 4391952; 632460, 4391960; 632499, Utah; within T13S R22E Sec 22 N1⁄2NE1⁄4. Land bounded by the 4391984; 632629, 4392066; 632496, NW1⁄4SE1⁄4, NE1⁄4SW1⁄4. Land bounded following UTM Zone 12 NAD 83 4392132; 632746, 4392108; 632274, by the following UTM Zone 12 NAD 83 coordinates (meters E, meters N): 4391905; 632828, 4392200; 632816, coordinates (meters E, meters N): 634276, 4391530; 634126, 4391519; 4392215; 632819, 4392239; 632805, 633801, 4392320; 633625, 4392294; 634247, 4391664; 634304, 4391520; 4392249; 632737, 4392216; 632769, 633645, 4392183; 633801, 4392320; 634323, 4391557; 634305, 4391630; 4392293; 632717, 4392085; 632426, 633742, 4392261; 633827, 4392297; 634118, 4391523; 634283, 4391654; 4392116; 632749, 4392320; 632732, 633837, 4392261; 633828, 4392222; 634247, 4391664; 634115, 4391661; 4392321; 632699, 4392280; 632684, 633812, 4392206; 633781, 4392208; 634112, 4391661; 634087, 4391639; 4392283; 632665, 4392262; 632665, 633770, 4392186; 633743, 4392200; 634066, 4391588; 634091, 4391536; 4392226; 632337, 4391924; 632643, 633712, 4392197; 633636, 4392378; 634258, 4391648. 4392165; 632303, 4391904; 632302, 633688, 4392179; 633772, 4392381; (xxxv) Sub-Unit B37: Uintah County, 4392012; 632294, 4391992; 632261, 633618, 4392210; 633625, 4392250; Utah; within T13S R22E Sec 22 4391978; 632237, 4391945; 632769, 633653, 4392271; 633702, 4392277; E1⁄2SE1⁄4, Sec 23 W1⁄2SW1⁄4. Land 4392293; 632636, 4392218. 633703, 4392277; 633702, 4392277; bounded by the following UTM Zone 12 (xxvi) Sub-Unit B28: Uintah County, 633663, 4392295; 633613, 4392313; NAD 83 coordinates (meters E, meters Utah; within T13S R22E Sec 21 633699, 4392449; 633708, 4392459; N): 634505, 4392409; 634490, 4392107; S1⁄2SE1⁄4. Land bounded by the 633739, 4392480; 633762, 4392476; 634482, 4392138; 634504, 4392180; following UTM Zone 12 NAD 83 633703, 4392190. 634410, 4392173; 634365, 4392172; coordinates (meters E, meters N): (xxxi) Sub-Unit B33: Uintah County, 634345, 4392200; 634358, 4392227; 632781, 4391887; 632320, 4391780; Utah; within T13S R22E Sec 22 634470, 4392312; 634466, 4392336; 632805, 4391904; 632738, 4391888; E1⁄2SW1⁄4, W1⁄2SE1⁄4. Land bounded by 634554, 4392307; 634495, 4392416;
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634527, 4392394; 634511, 4392097; 635763, 4393648; 635734, 4393631; 637415, 4393331; 637434, 4393391; 634479, 4392151; 634439, 4392365; 635716, 4393643; 635692, 4393633; 637463, 4393399; 637475, 4393399; 634259, 4391880; 634665, 4391896; 636098, 4393258; 635658, 4393410; 637532, 4393288. 634669, 4391868; 634655, 4391856; 635453, 4393627; 635633, 4393582; (xlii) Sub-Unit B44: Uintah County, 634573, 4391847; 634555, 4391880; 635632, 4393618; 635608, 4393649; Utah; within T13S R22E Sec 13 634521, 4391860; 634515, 4391862; 635557, 4393593; 635493, 4393430; SE1⁄4SE1⁄4, Sec 24 NE1⁄4NE1⁄4, T13S 634494, 4391869; 634480, 4391890; 635530, 4393589; 635489, 4393625; R23E Sec 19 NW1⁄4NW1⁄4. Land 634462, 4391855; 634420, 4391844; 635380, 4393508; 635269, 4393661; bounded by the following UTM Zone 12 634359, 4391860; 634347, 4391900; 635215, 4393475; 635690, 4393619; NAD 83 coordinates (meters E, meters 634186, 4391873; 634154, 4392106; 635253, 4393342; 636098, 4393255; N): 637718, 4393281; 637668, 4393259; 634183, 4391902; 634209, 4391936; 635324, 4393518; 635206, 4393661; 637697, 4393297; 637708, 4393289; 634156, 4391921; 634145, 4391937; 635237, 4393691; 635189, 4393594; 637618, 4393401; 637711, 4393149; 634150, 4391982; 634297, 4391846; 635209, 4393518; 635247, 4393479; 637722, 4393229; 637618, 4393401; 634141, 4392092; 634274, 4391851; 635207, 4393444; 635251, 4393358; 637739, 4393149; 637617, 4393405; 634203, 4392108; 634434, 4392152; 635282, 4393327; 635293, 4393299; 637690, 4393149; 637612, 4393192; 634200, 4391866; 634636, 4392031; 635682, 4393232; 636073, 4393236; 637573, 4393246; 637508, 4393348; 634245, 4391867; 634720, 4392010; 635884, 4393250; 635246, 4393385; 637490, 4393386; 637490, 4393399; 634125, 4392008; 634497, 4392036; 635697, 4393232; 635299, 4393285; 637583, 4393451; 637490, 4393419; 634684, 4391953; 634286, 4392170; 635693, 4393202; 635619, 4393138; 637505, 4393437; 637527, 4393344; 634387, 4392157; 634432, 4392137; 635259, 4393691; 635524, 4393145; 637747, 4393176. 634434, 4392136; 634236, 4392134; 635446, 4393226; 635373, 4393217; (xliii) Sub-Unit B45: Uintah County, 634491, 4392078; 634270, 4392081; 635799, 4393229. Utah; T13S R23E Sec 18 SW1⁄4SW1⁄4, 634511, 4392057; 634585, 4392272; (xxxviii) Sub-Unit B40: Uintah Sec 19 NW1⁄4NW1⁄4. Land bounded by 634515, 4392062; 634554, 4392307; County, Utah; within T13S R22E Sec 24 the following UTM Zone 12 NAD 83 634548, 4392065; 634573, 4392046; NE1⁄4SW1⁄4. Land bounded by the coordinates (meters E, meters N): 634451, 4392106; 634806, 4392233; following UTM Zone 12 NAD 83 637919, 4393440; 637804, 4393234; 634232, 4392087; 634759, 4392140; coordinates (meters E, meters N): 637816, 4393306; 637801, 4393367; 634761, 4392143; 634771, 4392157; 636852, 4392582; 636900, 4392500; 637817, 4393405; 637824, 4393421; 634864, 4392186; 634234, 4392136; 636858, 4392230; 636894, 4392236; 637893, 4393450; 637921, 4393407; 634841, 4392227; 634719, 4391968; 636916, 4392446; 636864, 4392548; 637874, 4393214; 637847, 4393437; 634752, 4392277; 634728, 4392256; 636864, 4392570; 636753, 4392546; 637930, 4393407; 637826, 4393204; 634729, 4392223; 634708, 4392238; 636766, 4392502; 636775, 4392293; 637814, 4393209; 637922, 4393390; 634680, 4392236; 634633, 4392273; 636818, 4392215; 636851, 4392204; 637938, 4393422; 637958, 4393420; 634872, 4392202. 636858, 4392230; 636777, 4392581; 637965, 4393408; 637979, 4393383; (xxxvi) Sub-Unit B38: Uintah County, 636917, 4392264. 637981, 4393337; 637899, 4393228; Utah; within T13S R22E Sec 22 NE1⁄4, (xxix) Sub-Unit B41: Uintah County, 637921, 4393407. Sec 23 W1⁄2NW1⁄4. Land bounded by the Utah; within T13S R22E Sec 24 (xliv) Sub-Unit B46: Uintah County, 1 1 following UTM Zone 12 NAD 83 N1⁄2NE1⁄4. Land bounded by the Utah; T13S R23E Sec 18 W ⁄2SE ⁄4. Land coordinates (meters E, meters N): following UTM Zone 12 NAD 83 bounded by the following UTM Zone 12 634546, 4392866; 634608, 4393016; coordinates (meters E, meters N): NAD 83 coordinates (meters E, meters 633890, 4392743; 634690, 4393002; 637394, 4393237; 637260, 4393188; N): 638789, 4393993; 638550, 4393822; 634095, 4392827; 634220, 4392817; 637288, 4393200; 637260, 4393206; 638628, 4393721; 638657, 4393746; 634394, 4392866; 633814, 4392758; 637212, 4393206; 637318, 4393256; 638571, 4393748; 638544, 4393801; 634507, 4392853; 633875, 4392758; 637304, 4393210; 637306, 4393252; 638559, 4393854; 638592, 4393890; 634586, 4392856; 634587, 4392822; 637394, 4393237; 637229, 4393134; 638727, 4393974; 638617, 4393692; 634649, 4392804; 634689, 4392926; 637303, 4393137; 637308, 4393136; 638793, 4393965; 638768, 4393739; 634689, 4392946; 634690, 4393002; 637379, 4393123; 637398, 4393133; 638811, 4394017; 638850, 4394011; 634497, 4392854; 634108, 4392980; 637425, 4393181; 637251, 4393236; 638703, 4393960; 638632, 4393661; 634495, 4392954; 634493, 4392953; 637186, 4393182. 638674, 4393651; 638717, 4393721; 634440, 4392952; 634302, 4392988; (xl) Sub-Unit B42: Uintah County, 638730, 4393771; 638758, 4393727; 634093, 4392827; 634140, 4392997; Utah; within T13S R22E Sec 24 638778, 4393792; 638800, 4393824; 633818, 4392772; 634108, 4392948; E1⁄2NE1⁄4. Land bounded by the 638799, 4393827; 638794, 4393845; 634093, 4392946; 634049, 4392939; following UTM Zone 12 NAD 83 638769, 4393854; 638802, 4393877; 634044, 4392935; 633898, 4392834; coordinates (meters E, meters N): 638827, 4393916; 638850, 4393975; 633880, 4392828; 633857, 4392851; 637592, 4392998; 637612, 4393054; 638850, 4393975; 638741, 4393734; 633801, 4392839; 633775, 4392809; 637602, 4393089; 637468, 4393130; 638699, 4393929. 634218, 4392980. 637528, 4393110; 637389, 4392995; (xxxvii) Sub-Unit B39: Uintah County, 637574, 4393113; 637588, 4392989; (xlv) Sub-Unit B47: Uintah County, Utah; within T13S R22E Sec 14 637524, 4392953; 637393, 4392976; Utah; within T13S R23E Sec 18 1 1 1 1 S1⁄2SE1⁄4, SE1⁄4SW1⁄4, Sec 23 N1⁄2NE1⁄4, 637377, 4393051; 637400, 4393088; SE ⁄4SW ⁄4, SW ⁄4SE ⁄4, Sec 19 1 1 1 1 NE1⁄4NW1⁄4. Land bounded by the 637468, 4393130; 637482, 4392975. E ⁄2NW ⁄4, W ⁄2NE ⁄4. Land bounded by following UTM Zone 12 NAD 83 (xli) Sub-Unit B43: Uintah County, the following UTM Zone 12 NAD 83 coordinates (meters E, meters N): Utah; within T13S R22E Sec SE1⁄4SE1⁄4, coordinates (meters E, meters N): 635255, 4393625; 635211, 4393411; NE1⁄4NE1⁄4. Land bounded by the 638476, 4393485; 638466, 4393293; 635324, 4393518; 635289, 4393560; following UTM Zone 12 NAD 83 638466, 4393302; 638479, 4393308; 635279, 4393571; 635604, 4393479; coordinates (meters E, meters N): 638523, 4393327; 638540, 4393378; 636080, 4393296; 635900, 4393329; 637471, 4393401; 637537, 4393221; 638509, 4393387; 638541, 4393417; 635828, 4393369; 635808, 4393380; 637485, 4393394; 637537, 4393221; 638542, 4393419; 638576, 4393481; 635770, 4393432; 635796, 4393620; 637513, 4393217; 637462, 4393238; 638571, 4393542; 638145, 4393352;
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638505, 4393525; 638499, 4393259; 638296, 4393011; 638310, 4392956; 638506, 4390647; 638529, 4390600; 638468, 4393474; 638465, 4393496; 638372, 4392895; 638467, 4393165; 638532, 4390595; 638533, 4390594; 638448, 4393505; 638797, 4393128; 638495, 4393079; 638408, 4392901; 638563, 4390570. 638370, 4393447; 638381, 4393411; 638483, 4393146; 638418, 4393165; (xlviii) Sub-Unit B50: Uintah County, 638390, 4393151; 638362, 4393108; 638329, 4393323; 638281, 4393280; Utah; within T13S R23E Sec 30 SE1⁄4, 638384, 4393037; 638405, 4393014; 638257, 4393286; 638190, 4393371; NE1⁄4SW1⁄4. Land bounded by the 638543, 4393543; 638857, 4393751; 638419, 4392999; 638425, 4392921; following UTM Zone 12 NAD 83 638495, 4393131. 638785, 4393320; 638783, 4393229; coordinates (meters E, meters N): (xlvi) Sub-Unit B48: Uintah County, 638808, 4393147; 638785, 4393320; 638593, 4390823; 639047, 4390336; 638827, 4393424; 638837, 4393449; Utah; within T13S R23E Sec 19 1 1 638939, 4390407; 638967, 4390411; 638831, 4393496; 638877, 4393539; E ⁄2NW ⁄4. Land bounded by the following UTM Zone 12 NAD 83 638970, 4390345; 638988, 4390332; 638874, 4393676; 638860, 4393683; 638907, 4390403; 639110, 4390362; 638480, 4393294; 638873, 4393740; coordinates (meters E, meters N): 638206, 4393010; 638118, 4392965; 639143, 4390425; 638871, 4390362; 638490, 4393296; 638837, 4393747; 638194, 4392930; 638174, 4392924; 639114, 4390534; 638549, 4390812; 638815, 4393723; 638734, 4393560; 638151, 4392941; 638148, 4392970; 639055, 4390513; 639040, 4390553; 638677, 4393554; 638669, 4393520; 638132, 4392962; 638096, 4393004; 639007, 4390580; 639133, 4390495; 638589, 4393444; 638582, 4393419; 638097, 4393008; 638116, 4393059; 638544, 4390685; 638610, 4390573; 638555, 4393333; 638520, 4393303; 638115, 4393076; 638218, 4392995; 638957, 4390607; 638573, 4390601; 638379, 4393416; 638874, 4393713; 638140, 4393091; 638218, 4392995; 638964, 4390533; 638556, 4390614; 638803, 4392963; 638486, 4392976; 638126, 4393089; 638220, 4392963. 638640, 4390547; 638625, 4390696; 638478, 4392960; 638487, 4392942; (xlvii) Sub-Unit B49: Uintah County, 638831, 4390442; 638531, 4390735; 638490, 4392937; 638587, 4392923; Utah; within T13S R23E Sec 30 638524, 4390760; 638530, 4390772; 638118, 4393303; 638601, 4393017; E1⁄2SW1⁄4, SW1⁄4SE1⁄4. Land bounded by 638613, 4390554; 638693, 4390468; 638400, 4393483; 638619, 4393068; the following UTM Zone 12 NAD 83 638762, 4390478; 638562, 4390668; 638656, 4393018; 638507, 4393015; coordinates (meters E, meters N): 638699, 4390766; 638936, 4390577; 638742, 4392957; 638617, 4392940; 638158, 4390680; 638535, 4390524; 638593, 4390823; 638670, 4390781; 638819, 4392979; 638814, 4392994; 638478, 4390525; 638423, 4390598; 638937, 4390526; 638720, 4390727; 638839, 4392979; 638879, 4392976; 638412, 4390613; 638338, 4390637; 638707, 4390673; 638736, 4390633; 638884, 4393002; 638874, 4393022; 638322, 4390617; 638295, 4390616; 638721, 4390605; 638767, 4390620; 638868, 4393036; 638844, 4393046; 638537, 4390524; 638219, 4390667; 638938, 4390587; 638874, 4390690; 638838, 4393071; 638752, 4393083; 638242, 4390678; 638135, 4390712; 638889, 4390683; 638893, 4390634; 638741, 4393097; 638660, 4393013; 638167, 4390812; 638216, 4390831; 638934, 4390674; 638960, 4390699; 638258, 4393171; 638134, 4393235; 638253, 4390791; 638290, 4390783; 638995, 4390650; 638925, 4390523; 638173, 4393183; 638227, 4393142; 638346, 4390724; 638432, 4390721; 638629, 4390775; 638824, 4390610. 638590, 4393071; 638246, 4393149; 638263, 4390634; 638466, 4390686; (xlix) Note: Map of Unit B of critical 638514, 4393031; 638291, 4393136; 638565, 4390543; 638190, 4390687; habitat for Penstemon grahamii (Map 2) 638301, 4393106; 638288, 4393044; 638432, 4390721; 638507, 4390676; follows:
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(8) Unit C—Evacuation Creek Unit, County, Colorado, from USGS Burnt and Dragon (1987) 7.5′ quadrangle Uintah County, Utah, and Rio Blanco Timber Canyon (1987), Rainbow (1987),
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maps, SLBM and Sixth Principal 653828, 4401128; 654262, 4401497; 652338, 4402235; 652388, 4402239; Meridian (6PM): 653835, 4401196; 653934, 4401219; 652345, 4402274; 652391, 4402250; (i) Sub-Unit C01: Uintah County, 654359, 4401460; 654353, 4401531; 652363, 4402098; 652909, 4402141; Utah; within T12S R24E Sec 35 654352, 4401546; 654328, 4401562; 652537, 4402244; 652568, 4402182; N1⁄2SW1⁄4, S1⁄2NW1⁄4. Land bounded by 654298, 4401558; 654280, 4401529. 652554, 4402114; 652612, 4402083; the following UTM Zone 12 NAD 83 (iv) Sub-Unit C04: Uintah County, 652661, 4402119; 652721, 4402106; coordinates (meters E, meters N): Utah; within T12S R24E Sec 34 652738, 4402092; 652855, 4402156; 654125, 4399517; 654126, 4399518; N1⁄2NE1⁄4. Land bounded by the 652466, 4401861; 652812, 4401986; 654068, 4399514; 654259, 4399664; following UTM Zone 12 NAD 83 652740, 4401972; 652705, 4401965; 653806, 4399331; 654242, 4399619; coordinates (meters E, meters N): 652578, 4401883; 652757, 4402075; 654062, 4399486; 653998, 4399413; 652900, 4400180; 652986, 4399979; 652554, 4401855; 652698, 4401940; 653962, 4399371; 653896, 4399321; 652968, 4399983; 652944, 4400026; 652577, 4401891; 652574, 4401914; 653809, 4399361; 653887, 4399390; 652951, 4400081; 652924, 4400105; 652605, 4401923; 652601, 4401949; 654313, 4399656; 653925, 4399362; 652873, 4400115; 652994, 4400176; 652624, 4401953; 652618, 4401909; 653864, 4399416; 653993, 4399685; 652869, 4400196; 653024, 4399985; 652641, 4401898; 652534, 4401867. 654078, 4399752; 654152, 4399736; 653176, 4400079; 652836, 4400175; (vii) Sub-Unit C07: Uintah County, 654308, 4399902; 654339, 4399910; 653181, 4400158; 652994, 4400176; Utah; within T12S R24E Sec 21 654017, 4399715; 654377, 4399887; 653119, 4400179; 653196, 4400152; NE1⁄4SE1⁄4, SE1⁄4NE1⁄4, Sec 22 N1⁄2SW1⁄4, 654377, 4399689; 653874, 4399534; 653230, 4400172; 653258, 4400141; NW1⁄4SE1⁄4, S1⁄2NW1⁄4, SW1⁄4NE1⁄4. Land 653881, 4399512; 653888, 4399487; 653241, 4400101; 653183, 4400081; bounded by the following UTM Zone 12 654362, 4399840; 654394, 4399734; 653090, 4400031; 653157, 4400053; NAD 83 coordinates (meters E, meters 654394, 4399724; 654362, 4399840. 653046, 4400130. (ii) Sub-Unit C02: Uintah County, (v) Sub-Unit C05: Uintah County, N): 652245, 4402444; 651891, 4402949; Utah; within T12S R24E Sec 26 Utah; within T12S R24E Sec 22 651976, 4402952; 651934, 4402988; 651918, 4403028; 651914, 4403029; NE1⁄4SW1⁄4, MW1⁄4SE1⁄4, SW1⁄4NE1⁄4. SW1⁄4SE1⁄4, Sec 27 NE1⁄4NW1⁄4, 651858, 4403043; 651834, 4403031; Land bounded by the following UTM NW1⁄4NE1⁄4. Land bounded by the Zone 12 NAD 83 coordinates (meters E, following UTM Zone 12 NAD 83 651831, 4402989; 651863, 4402945; meters N): 654372, 4400841; 654645, coordinates (meters E, meters N): 652741, 4402774; 652577, 4402688; 4401032; 654670, 4401104; 654626, 653005, 4401708; 652747, 4401687; 652728, 4402540; 652774, 4402569; 4400971; 654609, 4401083; 654197, 652606, 4401678; 652601, 4401640; 652801, 4402634; 652800, 4402700; 4400906; 654680, 4401137; 654682, 652665, 4401602; 652686, 4401600; 652697, 4402500; 652764, 4402800; 4401142; 654637, 4401173; 654596, 652701, 4401613; 652748, 4401690; 652656, 4402477; 652722, 4402782; 4401135; 654593, 4401132; 654550, 652798, 4401693; 652821, 4401709; 652716, 4402784; 652680, 4402767; 4401134; 654467, 4401138; 654441, 652586, 4401756; 652968, 4401690; 652657, 4402792; 652628, 4402780; 4401131; 654392, 4401119; 654401, 652567, 4401783; 652968, 4401749; 652451, 4402371; 652797, 4402790; 4400877; 654151, 4400945; 654451, 652991, 4401776; 652969, 4401900; 652504, 4402499; 652192, 4402388; 4400780; 654237, 4400886; 654268, 652868, 4401684; 652849, 4401952; 652474, 4402404; 652499, 4402434; 4400858; 654337, 4400838; 654609, 652581, 4401694; 652945, 4401928; 652478, 4402464; 652478, 4402555; 4400818; 654384, 4400842; 654680, 652580, 4401806; 652817, 4401949; 652699, 4402522; 652486, 4402504; 4401137; 654448, 4400887; 654472, 652793, 4401922; 652743, 4401919; 652560, 4402694; 652515, 4402524; 4400926; 654489, 4400911; 654416, 652753, 4401895; 652759, 4401881; 652524, 4402515; 652515, 4402448; 4400847; 654367, 4401100; 654420, 652969, 4401900; 652668, 4401869; 652533, 4402416; 652617, 4402484; 4400805. 652654, 4401848; 652659, 4401822; 652636, 4402488; 652493, 4402558; (iii) Sub-Unit C03: Uintah County, 652712, 4401809; 652648, 4401796; 652054, 4402683; 652581, 4402695; Utah; within T12S R24E Sec 26 652609, 4401815; 652968, 4401900; 652177, 4402673; 652089, 4402552; NE1⁄4NW1⁄4, S1⁄2NW1⁄4, E1⁄2SW1⁄4, 652742, 4401878. 652052, 4402541; 652065, 4402586; NW1⁄4SE1⁄4. Land bounded by the (vi) Sub-Unit C06: Uintah County, 652211, 4402644; 652058, 4402676; following UTM Zone 12 NAD 83 Utah; within T12S R24E Sec 22 652188, 4402615; 652046, 4402699; coordinates (meters E, meters N): NE1⁄4SW1⁄4, S1⁄2SW1⁄4, SW1⁄4SE1⁄4, Sec 652070, 4402738; 652097, 4402749; 654366, 4401119; 653878, 4401074; 27 NE1⁄4NW1⁄4. Land bounded by the 652109, 4402806; 652025, 4402853; 653962, 4401239; 653877, 4401051; following UTM Zone 12 NAD 83 651976, 4402952; 652046, 4402637; 653969, 4400995; 654114, 4401083; coordinates (meters E, meters N): 652326, 4402689; 652548, 4402700; 654080, 4400998; 654138, 4400958; 652611, 4402301; 652626, 4402294; 652484, 4402693; 652483, 4402693; 654179, 4400968; 654213, 4400995; 652627, 4402294; 652528, 4402327; 652483, 4402693; 652481, 4402720; 654247, 4401065; 654359, 4401460; 652645, 4402149; 652416, 4402328; 652203, 4402677; 652340, 4402706; 654323, 4401108; 653967, 4400997; 652674, 4402197; 652452, 4402311; 652411, 4402385; 652323, 4402685; 654391, 4401125; 654395, 4401130; 652416, 4402328; 652350, 4402288; 652288, 4402643; 652232, 4402533; 654410, 4401155; 654427, 4401239; 652377, 4402303; 652393, 4401942; 652198, 4402529; 652189, 4402567; 654400, 4401265; 654410, 4401279; 652594, 4402156; 652355, 4402306; 652202, 4402609; 652461, 4402736; 654398, 4401366; 654382, 4401377; 652370, 4402133; 652443, 4401828; 652478, 4402387; 652043, 4402443; 654366, 4401364; 654282, 4401060; 652400, 4401838; 652561, 4402237; 651970, 4402511; 651936, 4402516; 654162, 4401398; 653984, 4401255; 652424, 4401951; 652399, 4401887; 651925, 4402526; 651895, 4402552; 654017, 4401254; 654002, 4401281; 652339, 4401997; 652337, 4402020; 651879, 4402597; 651837, 4402593; 654011, 4401300; 654041, 4401300; 652335, 4402058; 652337, 4402059; 651829, 4402617; 652082, 4402451; 654040, 4401334; 654046, 4401021; 652359, 4402083; 652462, 4401835; 651879, 4402654; 651849, 4402646; 654131, 4401361; 653839, 4401117; 652384, 4402119; 652389, 4401863; 651898, 4402682; 651846, 4402715; 654195, 4401403; 654214, 4401401; 652335, 4402131; 652288, 4402127; 651850, 4402738; 651885, 4402755; 654231, 4401408; 654252, 4401398; 652279, 4402150; 652292, 4402183; 651860, 4402771; 651859, 4402795; 653822, 4401156; 654090, 4401376; 652326, 4402187; 652333, 4402217; 651898, 4402820; 651879, 4402826;
VerDate Aug<31>2005 16:22 Jan 18, 2006 Jkt 208001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\19JAP2.SGM 19JAP2 wwhite on PROD1PC65 with PROPOSALS2 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Proposed Rules 3187
651877, 4402863; 651902, 4402877; (xi) Sub-Unit C11: Uintah County, SE1⁄4NE1⁄4, T12S R25E Sec 7 SE1⁄4SW1⁄4, 652411, 4402418; 651897, 4402680; Utah; within T12S R24E Sec 23 Sec 18 NW1⁄4. Land bounded by the 652157, 4402346; 652078, 4402428; E1⁄2NW1⁄4. Land bounded by the following UTM Zone 12 NAD 83 652185, 4402327; 652242, 4402347; following UTM Zone 12 NAD 83 coordinates (meters E, meters N): 652278, 4402328; 652322, 4402348; coordinates (meters E, meters N): 657023, 4405068; 656971, 4405031; 652330, 4402348; 652383, 4402417; 653994, 4403223; 654013, 4403376; 656957, 4404881; 656964, 4405015; 652162, 4402361; 652273, 4402494; 654041, 4403276; 654017, 4403287; 656978, 4405006; 657056, 4405015; 652099, 4402403; 652150, 4402411; 654006, 4403319; 654051, 4403380; 657039, 4404976; 657002, 4404966; 652157, 4402393; 652364, 4402345; 654094, 4403424; 654122, 4403484; 656881, 4404928; 656761, 4404913; 652274, 4402448; 652239, 4402393; 654223, 4403407; 654083, 4403079; 656817, 4404934; 657379, 4405241; 652287, 4402503; 652286, 4402463; 654270, 4403368; 654204, 4403461; 656734, 4404846; 656732, 4404825; 652304, 4402435; 652271, 4402431; 654251, 4403176; 654019, 4403129; 657057, 4405064; 657381, 4405314; 652235, 4402408. 654270, 4403368; 653990, 4403187; 656767, 4404868; 657208, 4405165; (viii) Sub-Unit C08: Uintah County, 654215, 4403168; 654207, 4403182; 656701, 4404822; 657396, 4405268; Utah; within T12S R24E Sec 22 654182, 4403165; 654172, 4403133; 657309, 4405345; 657227, 4405255; NE1⁄4SW1⁄4, NW1⁄4SE1⁄4. Land bounded 654168, 4403133; 654115, 4403121; 657210, 4405221; 657244, 4405223; by the following UTM Zone 12 NAD 83 654103, 4403086; 654034, 4403098. 657229, 4405297; 657217, 4405199; coordinates (meters E, meters N): (xii) Sub-Unit C12: Uintah County, 657059, 4405083; 657192, 4405168; 652916, 4402452; 652705, 4402459; Utah; within T12S R24E Sec 23 657167, 4405150; 657201, 4405120; 652980, 4402586; 652978, 4402510; NE1⁄4NW1⁄4, NW1⁄4NE1⁄4. Land bounded 657134, 4405037; 657119, 4405038; 652956, 4402446; 652710, 4402507; by the following UTM Zone 12 NAD 83 657098, 4405078; 657095, 4405079; 652980, 4402586; 652963, 4402598; coordinates (meters E, meters N): 657222, 4405203; 657271, 4404991; 652843, 4402560; 652800, 4402569; 654298, 4403269; 654423, 4403522; 657134, 4404769; 657173, 4404795; 652730, 4402408; 652728, 4402516; 654399, 4403516; 654362, 4403432; 657177, 4404801; 657197, 4404839; 652916, 4402475; 652692, 4402473; 654315, 4403444; 654279, 4403428; 657222, 4404838; 657243, 4404903; 652709, 4402419; 652753, 4402397; 654306, 4403341; 654292, 4403476; 657102, 4404780; 657274, 4404939; 652778, 4402412; 652803, 4402485; 654528, 4403420; 654329, 4403424; 657300, 4404995; 657322, 4405024; 652881, 4402488; 652788, 4402545. 654320, 4403227; 654469, 4403473; 657355, 4405202; 657381, 4405203; (ix) Sub-Unit C09: Uintah County, 654532, 4403309; 654423, 4403522; 657380, 4405205; 657379, 4405241; Utah; within T12S R24E Sec 22 654413, 4403224; 654361, 4403201; 1 1 1 1 656701, 4404796; 656839, 4404920; E ⁄2SW ⁄4, W ⁄2SE ⁄4. Land bounded by 654330, 4403206; 654433, 4403456. 657229, 4404924; 656706, 4404585; the following UTM Zone 12 NAD 83 (xiii) Sub-Unit C13: Uintah County, 656697, 4404795; 657345, 4405079; coordinates (meters E, meters N): Utah; within T12S R24E Sec 23 657094, 4404782; 656697, 4404796; 652492, 4402342; 652855, 4402299; NE1⁄4SE1⁄4, Sec 24 NW1⁄4NW1⁄4, 656647, 4404786; 656637, 4404736; 652486, 4402357; 653001, 4402366; NW1⁄4SW1⁄4, S1⁄2NW1⁄4. Land bounded 656662, 4404630; 656756, 4404535; 652579, 4402326; 652658, 4402295; by the following UTM Zone 12 NAD 83 656822, 4404580; 657081, 4404656; 652733, 4402295; 652755, 4402297; coordinates (meters E, meters N): 657102, 4404766; 657119, 4404733; 652780, 4402300; 653001, 4402366; 655449, 4402892; 655078, 4402751; 657103, 4404701; 656852, 4404545; 652815, 4402287; 652618, 4402309; 655247, 4402874; 655283, 4403012; 657047, 4404676; 657052, 4404627; 652878, 4402307; 652907, 4402301; 655266, 4402988; 655297, 4402881; 657027, 4404580; 656929, 4404541. 652914, 4402299; 652914, 4402301; 655229, 4402837; 655191, 4402848; 652929, 4402353; 652975, 4402344; 655134, 4402799; 655079, 4402752; (xv) Sub-Unit C15: Uintah County, 652510, 4402389; 652786, 4402298; 655333, 4403091; 655079, 4402689; Utah; within T12S R25E Sec 19 652808, 4402461; 652997, 4402393; 655134, 4402753; 655376, 4403112; E1⁄2NE1⁄4. Sec 20 NW1⁄4. Land bounded 652974, 4402422; 652930, 4402427; 655529, 4403171; 655461, 4403211; by the following UTM Zone 12 NAD 83 652678, 4402288; 652829, 4402477; 655429, 4403169; 655413, 4403180; coordinates (meters E, meters N): 652538, 4402380; 652818, 4402442; 655383, 4403168; 655418, 4403063; 658130, 4403253; 658135, 4403423; 652786, 4402422; 652779, 4402370; 655366, 4403144; 655302, 4403011; 658384, 4403479; 658284, 4403413; 652745, 4402365; 652569, 4402396; 655345, 4403107; 655389, 4402911; 658350, 4403507; 658241, 4403334; 652728, 4402402; 652688, 4402411; 655354, 4403072; 655065, 4402649; 658210, 4403336; 658215, 4403301; 652685, 4402440; 652637, 4402438; 655416, 4403048; 655264, 4403082; 658179, 4403308; 658329, 4403467; 652626, 4402423; 652574, 4402430; 655378, 4403161; 655497, 4403088; 658163, 4403315; 658185, 4403325; 652731, 4402396; 652868, 4402472. 655372, 4402940; 655077, 4402603; 658181, 4403341; 658218, 4403361; (x) Sub-Unit C10: Uintah County, 655529, 4403171; 655529, 4403165; 658215, 4403391; 658249, 4403403; Utah; within T12S R24E Sec 23 NW1⁄4. 655535, 4403165; 655536, 4403144; 658240, 4403453; 658179, 4403400; Land bounded by the following UTM 655489, 4403102; 655527, 4403068; 658081, 4403326; 658023, 4403315; Zone 12 NAD 83 coordinates (meters E, 655531, 4403070; 655582, 4403086; 658345, 4403546; 658941, 4403487; meters N): 653923, 4403405; 653984, 655620, 4403053; 655614, 4403007; 658201, 4403443; 658765, 4403434; 4403405; 654000, 4403346; 653973, 655553, 4402944; 655564, 4402912; 659025, 4403481; 658976, 4403618; 4403240; 653963, 4403152; 653982, 655252, 4402557; 655033, 4402603; 658936, 4403617; 658870, 4403539; 4403128; 653987, 4403121; 653967, 655529, 4403138; 655537, 4402885; 658892, 4403510; 658239, 4403380; 4403087; 653985, 4403064; 653834, 655016, 4402495; 655140, 4402514; 658946, 4403466; 657984, 4403339; 4403272; 653914, 4403387; 653987, 654990, 4402515; 655291, 4402545; 658855, 4403468; 658846, 4403450; 4403082; 653845, 4403125; 653858, 655346, 4402639; 655399, 4402668; 658927, 4403460; 658755, 4403378; 4403317; 653902, 4403365; 653911, 655499, 4402763; 655503, 4402766; 658345, 4403573; 658739, 4403442; 4403046; 653952, 4403043; 653841, 655537, 4402766; 655541, 4402766; 658736, 4403489; 658731, 4403494; 4403130; 653825, 4403206; 653880, 655086, 4402493. 658616, 4403592; 658617, 4403609; 4403284; 653985, 4403064; 653868, (xiv) Sub-Unit C14: Uintah County, 658535, 4403607; 658497, 4403578; 4403352; 653921, 4403045. Utah; within T12S R24E Sec 13 658462, 4403571; 658426, 4403604;
VerDate Aug<31>2005 16:22 Jan 18, 2006 Jkt 208001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\19JAP2.SGM 19JAP2 wwhite on PROD1PC65 with PROPOSALS2 3188 Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Proposed Rules
658366, 4403603; 658820, 4403452; 659539, 4407681; 659612, 4407753; 661116, 4409301; 661207, 4409464; 658835, 4403169; 658570, 4403090; 659548, 4407828; 659610, 4407867; 661290, 4409639; 661098, 4409494; 658594, 4403083; 658663, 4403136; 659366, 4407649; 659923, 4407543; 661343, 4409630; 661103, 4409284; 658662, 4403176; 658692, 4403186; 659592, 4407360; 660006, 4407709; 660926, 4409309; 660864, 4409295; 658702, 4403213; 658712, 4403239; 660091, 4407723; 660154, 4407678; 661343, 4409630; 660860, 4409306; 658712, 4403213; 658712, 4403205; 660147, 4407667; 660105, 4407609; 660908, 4409410; 661146, 4409635; 658718, 4403165; 658568, 4403124; 660029, 4407612; 660111, 4407777; 660951, 4409360; 661193, 4409552; 658762, 4403181; 658956, 4403226; 659990, 4407534; 660135, 4407806; 661029, 4409367; 661057, 4409383; 658863, 4403198; 658889, 4403181; 659879, 4407603; 659855, 4407610; 661060, 4409421; 661315, 4409648; 658946, 4403219; 658960, 4403247; 659856, 4407564; 659857, 4407517; 661090, 4409531; 661185, 4409630; 659043, 4403384; 659083, 4403410; 659821, 4407440; 659523, 4407413; 660932, 4409404. 659078, 4403434; 659025, 4403481; 659595, 4407393; 660023, 4407556; (xix) Sub-Unit C19: Uintah County, 657933, 4403319; 658249, 4403450; 660133, 4407970; 659868, 4406878; Utah; within T11S R25E Sec 28 658737, 4403172; 658094, 4403122; 659791, 4406855; 660263, 4408155; SE1⁄4SW1⁄4, SW1⁄4SE1⁄4, Sec 33 657935, 4403202; 657938, 4403070; 660303, 4408079; 660302, 4408074; NE1⁄4NW1⁄4, NW1⁄4NE1⁄4. Land bounded 659045, 4403341; 658513, 4403113; 660273, 4407964; 660251, 4407984; by the following UTM Zone 12 NAD 83 657959, 4403056; 658097, 4403168; 660005, 4407731; 660154, 4408011; coordinates (meters E, meters N): 658051, 4403073; 658059, 4403034; 659864, 4407532; 660132, 4407969; 660273, 4410118; 660635, 4410355; 658093, 4403020; 658256, 4403031; 659957, 4407940; 659971, 4407903; 660709, 4410297; 660691, 4410306; 658261, 4403118; 658487, 4403144; 659947, 4407874; 659980, 4407854; 660677, 4410346; 660691, 4410085; 658520, 4403211; 657998, 4403059; 659934, 4407809; 660096, 4407835; 660485, 4410373; 660539, 4409989; 658279, 4403055; 658527, 4403174; 660252, 4407970; 659640, 4406982; 660568, 4409999; 660611, 4410039; 658520, 4403209; 658498, 4403134; 659465, 4406904; 659470, 4406906; 660642, 4410068; 660642, 4410095; 658459, 4403129; 658446, 4403158; 659535, 4407030; 659633, 4407334; 660443, 4409945; 660665, 4410096; 658435, 4403107; 658360, 4403035; 659678, 4407066; 659843, 4407614; 660396, 4409941; 660707, 4410097; 658338, 4403040; 658519, 4403209. 659562, 4406915; 659424, 4406893; 660783, 4410148; 660805, 4410184; 659595, 4406915; 659601, 4407071; (xvi) Sub-Unit C16: Uintah County, 660800, 4410242; 660768, 4410260; 659687, 4406999; 659683, 4406852; Utah; within T12S R25E Sec 4 NW1⁄4, 660714, 4410255; 660642, 4410105; 659683, 4406840; 659689, 4406853; W1⁄2SW1⁄4, Sec 5 SE1⁄4, E1⁄2SW1⁄4, 660241, 4410044; 660637, 4410488; 659754, 4406983; 659812, 4407073; S1⁄2NE1⁄4, Sec 8 N1⁄2NE1⁄4, NE1⁄4NW1⁄4, 660601, 4410491; 660582, 4410492; 659843, 4407081; 659846, 4407009; Sec 9 NW1⁄4NW1⁄4. Land bounded by the 660562, 4410478; 660352, 4410164; 659572, 4406896; 659750, 4407214; following UTM Zone 12 NAD 83 660493, 4410006; 660238, 4410086; 659624, 4407301; 659707, 4407310; coordinates (meters E, meters N): 660648, 4410438; 660223, 4410038; 659685, 4407036; 659761, 4407243; 659132, 4406626; 659067, 4406612; 660209, 4410001; 660709, 4410297; 659442, 4406963; 659712, 4407185; 660209, 4409998; 660230, 4409972; 658881, 4406974; 659068, 4406563; 659596, 4407194; 659494, 4407149; 660281, 4409953; 660324, 4409982; 658991, 4406595; 658931, 4406614; 659224, 4406925; 659750, 4407256; 660237, 4410101. 658920, 4406637; 658944, 4406706; 659460, 4407152; 659409, 4406965; 658843, 4406816; 658848, 4406835; 659200, 4406857; 659349, 4407000; (xx) Sub-Unit C20: Uintah County, 658876, 4406888; 658931, 4407006; 659405, 4407061; 659439, 4407126; Utah; within T11S R25E Sec 20 658919, 4407051; 659041, 4406537; E1⁄2SE1⁄4, SE1⁄4NE1⁄4, Sec 21 W1⁄2SW1⁄4, 659418, 4407156; 659351, 4406881. 1 1 1 1 659955, 4406938; 658991, 4407145; (xvii) Sub-Unit C17: Uintah County, Sec 28 NW ⁄4NW ⁄4, Sec 29 NE ⁄4NE ⁄4. 658996, 4407239; 658854, 4406859; Utah; within T11S R25E Sec 32 Land bounded by the following UTM 659978, 4406831; 659857, 4408063; W1⁄2SE1⁄4. Land bounded by the Zone 12 NAD 83 coordinates (meters E, 658997, 4407254; 660263, 4408155; following UTM Zone 12 NAD 83 meters N): 659607, 4412084; 659508, 659863, 4406856; 659763, 4406776; coordinates (meters E, meters N): 4411788; 659423, 4412599; 659431, 659869, 4406880; 659926, 4406995; 659067, 4408818; 659376, 4408857; 4412484; 659431, 4412482; 659438, 659978, 4406859; 659978, 4406920; 659194, 4409090; 659081, 4408730; 4412421; 659434, 4412396; 659778, 659069, 4406522; 659872, 4406763; 659077, 4408850; 659117, 4408976; 4411356; 659506, 4412282; 659617, 659758, 4406689; 659686, 4406607; 659137, 4408983; 659238, 4409118; 4412130; 659621, 4412097; 659590, 659560, 4406577; 659473, 4406513; 659375, 4409080; 659347, 4408991; 4412068; 659464, 4412645; 659514, 659457, 4406501; 659153, 4406479; 659372, 4408908; 659174, 4408671; 4411839; 659454, 4412335; 659533, 659964, 4406981; 660025, 4408162; 659039, 4408690; 659323, 4408978; 4411701; 659513, 4411681; 659490, 659847, 4408042; 659687, 4407993; 659377, 4408836; 659376, 4408857; 4411657; 659493, 4411619; 659457, 659699, 4408029; 659750, 4408056; 659032, 4408645; 659331, 4408850; 4411580; 659417, 4411392; 659455, 659850, 4408042; 659879, 4408128; 659287, 4408809; 659255, 4408796; 4411355; 659542, 4411353; 659633, 659933, 4408090; 659728, 4407879; 659263, 4408768; 659194, 4408678; 4411312; 659778, 4411356; 659613, 659978, 4408112; 659644, 4407823; 659043, 4408593; 659149, 4408621; 4411957; 659754, 4411827; 659802, 660064, 4408154; 660066, 4408153; 659094, 4408588; 659070, 4408580; 4411363; 659852, 4411455; 659854, 660070, 4408153; 660060, 4408181; 659208, 4408718. 4411573; 659827, 4411689; 659812, 660105, 4408215; 660248, 4408161; (xviii) Sub-Unit C18: Uintah County, 4411752; 659555, 4412175; 659767, 659855, 4406820; 659966, 4408099; Utah; within T11S R25E Sec 33 4411788; 659557, 4412626; 659724, 659439, 4407638; 659057, 4407299; N1⁄2SE1⁄4, S1⁄2NE1⁄4. Land bounded by 4411831; 659731, 4411858; 659768, 659094, 4407403; 659128, 4407431; the following UTM Zone 12 NAD 83 4411865; 659770, 4411865; 659791, 659123, 4407542; 659207, 4407646; coordinates (meters E, meters N): 4411900; 659762, 4412245; 659770, 659288, 4407745; 659371, 4407750; 661166, 4409366; 660872, 4409279; 4411785; 659778, 4411929; 659656, 659725, 4407958; 659366, 4407649; 660863, 4409224; 660882, 4409211; 4412546; 659702, 4412488; 659596, 659054, 4407297; 659452, 4407651; 660980, 4409254; 661031, 4409259; 4412567; 659782, 4412165; 659775, 659452, 4407651; 659461, 4407660; 661047, 4409260; 661317, 4409536; 4412088; 659766, 4411994; 659761,
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4411936; 659767, 4411933; 659701, 660836, 4411900; 661107, 4412836; 663113, 4410743; 663103, 4411006; 4412493. 660651, 4411821; 660573, 4411818; 663052, 4411005; 663038, 4410991; (xxi) Sub-Unit C21: Uintah County, 660573, 4411818; 660606, 4411845; 663045, 4410953; 663053, 4410908; Utah; within T11S R25E Sec 21 NE1⁄4, 660488, 4411809; 660481, 4411834; 663044, 4410878; 663079, 4410784; NE1⁄4NW1⁄4, S1⁄2NW1⁄4, N1⁄2SW1⁄4, 660448, 4411798; 661144, 4412639; 663199, 4411270; 663124, 4411044. SE1⁄4SW1⁄4, NW1⁄4NE1⁄4, S1⁄2NE1⁄4. Land 660308, 4411830; 660854, 4411923; (xxv) Sub-Unit C25: Uintah County, bounded by the following UTM Zone 12 660861, 4412611; 661153, 4412697; Utah; within T11S R25E Sec 26 NAD 83 coordinates (meters E, meters 661073, 4412704; 661037, 4412669; SW1⁄4SW1⁄4, Sec 35 NW1⁄4NW1⁄4. Land N): 661070, 4413221; 660959, 4413092; 661025, 4412677; 661018, 4412723; bounded by the following UTM Zone 12 660958, 4413115; 660958, 4413092; 661050, 4412718; 661077, 4412732; NAD 83 coordinates (meters E, meters 660991, 4413115; 661013, 4413147; 660719, 4412513; 660725, 4412522; N): 663260, 4409916; 663243, 4409901; 661049, 4413164; 661127, 4413308; 661084, 4412785; 660855, 4412551; 663340, 4410442; 663418, 4410347; 661204, 4413305; 661122, 4413106; 661070, 4412814; 660909, 4412676; 663420, 4410247; 663396, 4410218; 661061, 4413065; 661025, 4413035; 660923, 4412750; 660960, 4412793; 663376, 4410156; 663353, 4410086; 660931, 4413083; 660979, 4412884; 660962, 4412799; 661077, 4412732; 663326, 4410069; 663194, 4409901; 661050, 4413038; 660131, 4412468; 660974, 4412833; 661001, 4412845; 663291, 4409960; 663340, 4410442; 660476, 4412303; 660423, 4412263; 661022, 4412903; 661060, 4412904; 663164, 4409941; 663210, 4410127; 660391, 4412146; 660367, 4412104; 660281, 4411890; 660807, 4412526; 663212, 4410153; 663218, 4410221; 660366, 4412104; 660365, 4412104; 660716, 4412438; 660369, 4411789; 663214, 4410300; 663173, 4410380; 660284, 4412124; 660157, 4412731; 660312, 4412041; 660718, 4412459; 663234, 4410429; 663306, 4410418. 660162, 4412382; 660607, 4412359; 660681, 4412444; 660641, 4412424; (xxvi) Sub-Unit C26: Uintah County, 660149, 4412494; 660156, 4412499; 660651, 4412364; 660595, 4412333; Utah; within T11S R25E Sec 26 660160, 4412502; 660243, 4412559; 660565, 4412338; 660523, 4412345; S1⁄2SE1⁄4, Sec 35 N1⁄2NE1⁄4. Land 660160, 4412524; 660122, 4412508; 660390, 4412105; 660491, 4412310; bounded by the following UTM Zone 12 660104, 4412578; 660929, 4412788; 660496, 4412291; 660436, 4412267; NAD 83 coordinates (meters E, meters 660245, 4412156; 660802, 4412697; 660437, 4412232; 660412, 4412198; N): 664196, 4410269; 664253, 4409972; 661025, 4413035; 660999, 4412926; 660389, 4412105; 660739, 4412468. 664222, 4410356; 664470, 4410340; 660976, 4412921; 660976, 4412919; (xxiii) Sub-Unit C23: Uintah County, 664362, 4410427; 664332, 4410523; 660961, 4412849; 660844, 4412738; Utah; within T11S R25E Sec 21 664276, 4410521; 664241, 4410481; 660805, 4412809; 660796, 4412788; E1⁄2NE1⁄4, Sec 22 NW1⁄4NW1⁄4. Land 664209, 4410265; 664128, 4410243; 660514, 4412352; 660821, 4412720; bounded by the following UTM Zone 12 664122, 4410188; 664125, 4410173; 660565, 4412356; 660757, 4412690; NAD 83 coordinates (meters E, meters 664138, 4410103; 664229, 4410015; 660802, 4412604; 660688, 4412512; N): 661054, 4412905; 661043, 4412921; 664293, 4409973; 664480, 4409972; 660677, 4412504; 660686, 4412467; 661024, 4412946; 661215, 4412861; 664470, 4410340; 664469, 4410234; 660618, 4412432; 660625, 4412392; 661073, 4413011; 661205, 4412942; 664504, 4410183; 664504, 4410182; 660170, 4412764; 660822, 4412754; 661055, 4413022; 661038, 4412997; 664194, 4410079; 664421, 4410135; 660725, 4412913; 660107, 4412611; 661111, 4412899; 661184, 4412924; 664329, 4410001; 664474, 4409872; 660900, 4413255; 660840, 4413195; 661200, 4412875; 661196, 4412926; 664447, 4409828; 664413, 4409821; 660731, 4413150; 660784, 4413112; 661196, 4412924; 661061, 4413042; 664364, 4409856; 664335, 4409916; 660788, 4413061; 660719, 4412972; 661306, 4412927; 661163, 4412905; 664491, 4410158. 660784, 4413246; 660724, 4412915; 661166, 4413184; 661362, 4413075; (xxvii) Sub-Unit C27: Uintah County, 660762, 4413254; 660735, 4412873; 661256, 4412864; 661362, 4413075; Utah; within T11S R25E Sec 25 660775, 4412911; 660776, 4412914; 661398, 4413173; 661400, 4413225; S1⁄2SE1⁄4, Sec 36 N1⁄2NE1⁄4. Land 660791, 4412961; 660825, 4412973; 661371, 4413254; 661291, 4413249; bounded by the following UTM Zone 12 660852, 4412944; 660873, 4412949; 661297, 4412902; 661083, 4413057; NAD 83 coordinates (meters E, meters 660880, 4413009; 660736, 4412936; 661145, 4413152; 661172, 4413116; N): 665993, 4410239; 665856, 4410224; 660449, 4413079; 660244, 4412850; 661145, 4413108; 661141, 4413081; 665881, 4410222; 665991, 4410218; 660256, 4412902; 660272, 4412972; 661115, 4413058; 661095, 4413049; 665828, 4410470; 665542, 4410207; 660295, 4413003; 660289, 4413057; 661359, 4413253. 665539, 4410279; 665555, 4410371; 660314, 4413078; 660315, 4413137; (xxiv) Sub-Unit C24: Uintah County, 665661, 4410394; 665620, 4410421; 660873, 4413297; 660448, 4413116; Utah; within T11S R25E Sec 26 665961, 4410278; 665820, 4410476; 660937, 4413042; 660399, 4413066; NW1⁄4SW1⁄4, SW1⁄4NW1⁄4. Land bounded 665637, 4410088; 665848, 4410456; 660457, 4413008; 660554, 4413102; by the following UTM Zone 12 NAD 83 665873, 4410411; 665857, 4410390; 660584, 4413130; 660583, 4413177; coordinates (meters E, meters N): 665873, 4410330; 665864, 4410303; 660619, 4413230; 660670, 4413246; 663327, 4411013; 663256, 4410731; 665928, 4410277; 665623, 4410435; 660684, 4413283; 660733, 4413295; 663291, 4410750; 663351, 4410731; 665838, 4409882; 665983, 4410127; 660389, 4413149. 663405, 4410756; 663410, 4410762; 666006, 4410066; 665934, 4409961; (xxii) Sub-Unit C22: Uintah County, 663406, 4410961; 663405, 4411028; 665937, 4409923; 665902, 4409903; Utah; within T11S R25E Sec 21 663230, 4411192; 663341, 4411030; 665925, 4409821; 665543, 4410196; N1⁄2SE1⁄4, SW1⁄4SE1⁄4, E1⁄2SW1⁄4, 663080, 4410749; 663332, 4410992; 665840, 4409880; 665613, 4410149; S1⁄2NE1⁄4. Land bounded by the 663294, 4411030; 663335, 4411063; 665788, 4409870; 665760, 4409889; following UTM Zone 12 NAD 83 663347, 4411088; 663332, 4411208; 665751, 4409970; 665718, 4410027; coordinates (meters E, meters N): 663267, 4411222; 663243, 4411190; 665856, 4410224; 665883, 4409819. 660812, 4411796; 660835, 4411808; 663230, 4411192; 663401, 4411034; (xxviii) Sub-Unit C28: Uintah County, 660711, 4412502; 661094, 4412523; 663157, 4410991; 663208, 4411290; Utah; within T11S R25E Sec 23 SE1⁄4. 661019, 4412347; 660968, 4412289; 663096, 4411347; 663074, 4411342; Land bounded by the following UTM 660907, 4412217; 660904, 4412146; 663062, 4411317; 663066, 4411214; Zone 12 NAD 83 coordinates (meters E, 660877, 4412118; 660870, 4412110; 663080, 4411180; 663121, 4411140; meters N): 664299, 4412318; 664009, 660830, 4411976; 660268, 4411941; 663135, 4410752; 663154, 4411013; 4412333; 664185, 4411930; 664243,
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4412180; 664193, 4411942; 664237, 4412389; 664996, 4412100; 665385, within T11S R25E Sec 24 Lots 8, 9, 16, 4412016; 664252, 4412101; 664241, 4412843; 666356, 4412936; 666267, T2S E104W Sec 27 Lots 1, 2, 3. Land 4412194; 664289, 4412360; 664206, 4412888; 666244, 4412853; 665530, bounded by the following UTM Zone 12 4412420; 664174, 4411882; 664109, 4412939; 666193, 4412844; 665985, NAD 83 coordinates (meters E, meters 4412364; 664117, 4412431; 664036, 4412811; 665899, 4412782; 665868, N): 666959, 4412173; 666823, 4412767; 4412196; 664138, 4411844; 664024, 4412789; 665847, 4412746; 664861, 666879, 4412712; 666927, 4412731; 4412176; 663922, 4412001; 663933, 4412321; 665588, 4412703; 664892, 667057, 4412624; 667054, 4412517; 4411921; 664032, 4411875; 664060, 4412369; 665526, 4412643; 665288, 667023, 4412507; 666645, 4412633; 4411824; 664111, 4411824; 664184, 4412841; 665125, 4412774; 665116, 666661, 4412128; 666683, 4412141; 4412423; 664050, 4412336; 664138, 4412757; 665139, 4412717; 665092, 666675, 4412229; 666671, 4412264; 4411844. 4412710; 665017, 4412598; 664995, 666693, 4412345; 667000, 4412347; (xxix) Sub-Unit C29: Uintah County, 4412565; 664989, 4412494; 665412, 666621, 4412601; 666638, 4411845; Utah and Rio Blanco County, Colorado; 4412844; 666819, 4413251; 666356, within T11S R25E Sec 24 Lots 1, 2, 3, 4412936; 666463, 4413033; 666478, 666672, 4412667; 666770, 4412721; 1 1 1 666777, 4412729; 666807, 4412767; 5, 6, 7, SW ⁄4, SE ⁄4NW ⁄4, T2S R104W 4413047; 666556, 4413060; 666592, Sec 22 Lot 4, T2S R104W Sec 27 Lot 1. 4413085; 666625, 4413107; 666701, 666815, 4412776; 666823, 4412767; Land bounded by the following UTM 4413114; 666769, 4413170; 665442, 666619, 4412554; 666795, 4411954; Zone 12 NAD 83 coordinates (meters E, 4412615; 666824, 4413215; 666766, 666962, 4412124; 666938, 4412088; meters N): 665092, 4412149; 665441, 4413317; 666672, 4413435; 665856, 666929, 4412061; 666885, 4412025; 4412878; 664905, 4412268; 664904, 4413001; 665784, 4412720; 665637, 666834, 4412023; 666631, 4412041; 4412195; 664907, 4412193; 664960, 4412948; 666802, 4413197; 665787, 666795, 4411954; 666616, 4411883; 4412148; 664990, 4412156; 664995, 4412955; 666596, 4413438; 665969, 666793, 4411954; 666791, 4411955; 4412105; 665791, 4412723; 665033, 4413022; 666189, 4413063; 666193, 666790, 4411956; 666715, 4411860; 4412093; 664985, 4412451; 665156, 4413064; 666194, 4413109; 666300, 666670, 4411844; 666979, 4412197; 4412156; 665163, 4412198; 665184, 4413150; 666401, 4413220; 666585, 666847, 4411955. 4412323; 665180, 4412406; 665245, 4413426; 665737, 4412922. (xxxi) Note: Map of Unit C of critical 4412500; 665378, 4412605; 665381, (xxx) Sub-Unit C30: Uintah County, habitat for Penstemon grahamii (Map 3) 4412608; 665389, 4412609; 664942, Utah and Rio Blanco County, Colorado; follows:
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(9) Unit D—White River Unit, Uintah (1987) 7.5′ quadrangle maps, 6PM and (i) Sub-Unit D01: Uintah County, County, Utah, from USGS Weaver Ridge SLBM: Utah; within T10S R25E Sec 28 NE1⁄4.
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Land bounded by the following UTM 661493, 4423571; 661499, 4423552; 665978, 4427228; 665955, 4427280; Zone 12 NAD 83 coordinates (meters E, 661471, 4423491; 661488, 4423382; 665976, 4427298; 665956, 4427345; meters N): 662328, 4420877; 662351, 661586, 4423498; 661505, 4423382; 665876, 4427331; 665869, 4427359; 4420878; 662131, 4421306; 662235, 661400, 4423485; 661431, 4423387; 665888, 4427424; 666033, 4426983. 4421257; 662241, 4421259; 662300, 661411, 4423434; 661398, 4423444; (viii) Sub-Unit D08: Uintah County, 4421273; 662317, 4421261; 662403, 661397, 4423479. Utah; within T10S R25E Sec 1, Lots 1, 4421123; 662389, 4421039; 662394, (v) Sub-Unit D05: Uintah County, 2, 3, NW1⁄4SW1⁄4, SW1⁄4NW1⁄4. Land 4421000; 662403, 4420934; 662435, Utah; within T10S R25E Sec 10 bounded by the following UTM Zone 12 4420850; 662341, 4420781; 662391, NE1⁄4SE1⁄4. Land bounded by the NAD 83 coordinates (meters E, meters 4420796; 662131, 4421306; 662348, following UTM Zone 12 NAD 83 4420814; 662250, 4420841; 662228, coordinates (meters E, meters N): N): 666139, 4427079; 666167, 4427314; 4420855; 662175, 4420958; 662166, 663865, 4425206; 663990, 4425084; 666222, 4427094; 666261, 4427184; 4420995; 662158, 4421029; 662065, 664098, 4425142; 664012, 4425182; 666254, 4427208; 666332, 4427235; 4421102; 662053, 4421235; 662073, 663954, 4425186; 663945, 4425243; 666313, 4427311; 666183, 4427484; 4421287; 662425, 4420800. 663912, 4425261; 663875, 4425250; 666215, 4427313; 666023, 4427087; (ii) Sub-Unit D02: Uintah County, 664108, 4425093; 663824, 4425196; 666138, 4427377; 666158, 4427410; Utah; within T10S R25E Sec 21 663813, 4425175; 663815, 4425144; 666134, 4427414; 666075, 4427426; NE1⁄4NE1⁄4, Sec 22 NW1⁄4NW1⁄4. Land 663880, 4425071; 663955, 4425060; 666130, 4427484; 666154, 4427473; bounded by the following UTM Zone 12 664077, 4425083; 664108, 4425093; 666252, 4427342; 665992, 4427479; NAD 83 coordinates (meters E, meters 663936, 4425059. 666183, 4427484; 666196, 4427497; N): 662427, 4422957; 662614, 4422749; (vi) Sub-Unit D06: Uintah County, 666223, 4427524; 666240, 4427592; 662614, 4422749; 662510, 4422697; Utah; within T10S R25E Sec 11 666131, 4427564; 666130, 4427564; 662418, 4422811; 662413, 4422860; NE1⁄4SW1⁄4. Land bounded by the 666139, 4427089; 666019, 4427484; 662445, 4422994; 662540, 4423006; following UTM Zone 12 NAD 83 666107, 4427074; 665958, 4427437; 662580, 4422991; 662610, 4422986; coordinates (meters E, meters N): 666048, 4427084; 665953, 4427374; 662848, 4422945; 662759, 4422832; 664699, 4425273; 664640, 4425254; 665985, 4427328; 665984, 4427168; 662695, 4422809; 662678, 4422781; 664799, 4425432; 664798, 4425406; 666133, 4427482; 666031, 4427492; 662470, 4423005. 664771, 4425390; 664772, 4425355; 666080, 4427451. (iii) Sub-Unit D03: Uintah County, 664664, 4425473; 664731, 4425329; Utah; within T10S R25E Sec 22 664799, 4425432; 664707, 4425428; (ix) Sub-Unit D09: Uintah County, Utah; within T9S R25E Sec 25 NE1⁄4NE1⁄4. Land bounded by the 664650, 4425475; 664644, 4425475; 1 1 1 1 following UTM Zone 12 NAD 83 664605, 4425360; 664618, 4425329; NE ⁄4NE ⁄4, Sec 36 W ⁄2NW ⁄4. Land coordinates (meters E, meters N): 664610, 4425280; 664619, 4425264; bounded by the following UTM Zone 12 664152, 4422914; 663817, 4422814; 664759, 4425476. NAD 83 coordinates (meters E, meters 664104, 4423031; 664072, 4423031; (vii) Sub-Unit D07: Uintah County, N): 665683, 4429459; 665907, 4429518; 663997, 4422933; 663932, 4422981; Utah; within T10S R25E Sec 1 665952, 4429118; 665987, 4429447; 663894, 4422951; 664131, 4423014; NW1⁄4SW1⁄4, SW1⁄4NW1⁄4, Sec 2 665967, 4429284; 665982, 4429243; 663816, 4422883; 664131, 4423014; NE1⁄4SE1⁄4, SE1⁄4NE1⁄4. Land bounded by 665975, 4429173; 665907, 4429518; 663849, 4422780; 663895, 4422767; the following UTM Zone 12 NAD 83 665852, 4429516; 665717, 4429488; 664033, 4422772; 664083, 4422820; coordinates (meters E, meters N): 665653, 4429434; 665523, 4429429; 664120, 4422815; 664134, 4422827; 665534, 4427283; 665875, 4427453; 665518, 4429390; 665696, 4429091; 663866, 4422947. 665679, 4427066; 665634, 4427132; 665766, 4429054; 665745, 4429057; (iv) Sub-Unit D04: Uintah County, 665483, 4427278; 665888, 4427424; 665897, 4428947; 665834, 4429476; Utah; within T10S R25E Sec 16 665829, 4427462; 665799, 4427428; 665965, 4429028; 665584, 4429289; NE1⁄4SW1⁄4. Land bounded by the 665732, 4427401; 665716, 4427395; 665790, 4429006; 665935, 4429079; following UTM Zone 12 NAD 83 665739, 4426976; 665561, 4427334; 665718, 4429091; 665696, 4429113; coordinates (meters E, meters N): 666021, 4427082; 665628, 4427396; 665623, 4429111; 665581, 4429134; 661616, 4423571; 661524, 4423616; 665747, 4426963; 665872, 4426955; 665548, 4429191; 665575, 4429218. 661604, 4423468; 661505, 4423382; 665920, 4426975; 666024, 4427079; (x) Note: Map of Unit D of critical habitat 661575, 4423403; 661619, 4423617; 665497, 4427290; 665951, 4427145; for Penstemon grahamii (Map 4) follows:
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(10) Unit E—Raven Ridge Unit, Rio Dinosaur (1968), Walsh Knolls (1968), and Banty Point (1962) 7.5′ quadrangle Blanco County, Colorado, from USGS maps, 6PM and SLBM.
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(i) Sub-Unit E01: Rio Blanco County, 669600, 4444702; 669906, 4444241; 674980, 4438538; 674968, 4438519; Colorado; within T2NR104W Sec 13 669393, 4444697; 669366, 4444648; 674876, 4438514. 1 1 1 1 1 1 W ⁄2NW ⁄4, Sec 14 N ⁄2NE ⁄4, SE ⁄4NE ⁄4 669321, 4444636; 669301, 4444616; (v) Sub-Unit E05: Rio Blanco County, (6PM). Land bounded by the following 669585, 4444377; 669834, 4444212; Colorado; within T1N R103W Sec 3 UTM Zone 12 NAD 83 coordinates 669301, 4444568; 669693, 4444268; 1 1 1 1 SW ⁄4SW ⁄4, Sec 4 SE ⁄4SE ⁄4, Sec 9 (meters E, meters N): 667795, 4445744; 669744, 4444205; 669834, 4444212; 1 1 NE ⁄4NE ⁄4. Land bounded by the 667905, 4445655; 667735, 4445819; 669302, 4444560; 669616, 4444346. following UTM Zone 12 NAD 83 667705, 4445828; 667623, 4445904; (iii) Sub-Unit E03: Rio Blanco County, coordinates (meters E, meters N): 667506, 4446012; 668118, 4445539; Colorado; within T2N R103W Sec 29 1 1 674619, 4438387; 674619, 4438353; 667934, 4445627; 668439, 4445709; NW ⁄4SE ⁄4 (6PM). Land bounded by the 674592, 4438296; 674573, 4438299; 667681, 4445850; 667987, 4445583; following UTM Zone 12 NAD 83 674556, 4438321; 674537, 4438379; 668043, 4445550; 668074, 4445532; coordinates (meters E, meters N): 674528, 4438385; 674519, 4438391; 668101, 4445518; 668146, 4445539; 672492, 4442163; 672399, 4442031; 674500, 4438436; 674517, 4438493; 668183, 4445486; 668212, 4445486; 672295, 4442017; 672167, 4442034; 674571, 4438509; 674618, 4438487; 668334, 4445575; 667623, 4446183; 672133, 4442125; 672153, 4442164; 674636, 4438387; 674619, 4438353; 668274, 4445592; 668389, 4445835; 672236, 4442240; 672343, 4442291; 674672, 4438462. 667564, 4446124; 667608, 4446168; 672385, 4442291; 672411, 4442278; 668388, 4445791; 668337, 4445870; 672458, 4442173; 672488, 4442132; (vi) Sub-Unit E06: Rio Blanco County, 668239, 4445934; 668153, 4446022; 672470, 4442088; 672399, 4442031; Colorado; within T1N R103W Sec 8 668034, 4446097; 667867, 4446203; 672415, 4442234. SW1⁄4SE1⁄4 (6PM). Land bounded by the 667815, 4446272; 667801, 4446272; (iv) Sub-Unit E04: Rio Blanco County, following UTM Zone 12 NAD 83 667631, 4446232; 668439, 4445709. Colorado; within T1N R103W Sec 3 coordinates (meters E, meters N): (ii) Sub-Unit E02: Rio Blanco County, SW1⁄4SW1⁄4. Land bounded by the 672510, 4436908; 672573, 4436937; Colorado; within T2N R103W Sec 19 following UTM Zone 12 NAD 83 672610, 4436987; 672615, 4437077; W1⁄2NW1⁄4, Sec 24 E1⁄2NE1⁄4 (6PM). Land coordinates (meters E, meters N): 672599, 4437115; 672510, 4436908; bounded by the following UTM Zone 12 674889, 4438766; 674752, 4438700; 672562, 4437147; 672494, 4437140; NAD 83 coordinates (meters E, meters 674968, 4438519; 674906, 4438496; 672367, 4437102; 672332, 4437028; N): 669680, 4444281; 669968, 4444291; 674936, 4438601; 674782, 4438635; 672351, 4436960; 672426, 4436907. 669929, 4444356; 669898, 4444406; 674773, 4438749; 674828, 4438770; (vii) Note: Map of Unit E of critical habitat 669773, 4444557; 669671, 4444642; 674892, 4438667; 674969, 4438580; for Penstemon grahamii (Map 5) follows:
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* * * * * Dated: January 9, 2006. Paul Hoffman, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 06–363 Filed 1–18–06; 8:45 am] BILLING CODE 4310–55–P
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Part III
The President Proclamation 7973—Martin Luther King, Jr., Federal Holiday, 2006 Proclamation 7974—Religious Freedom Day, 2006 Executive Order 13395—Designating the Global Fund To Fight AIDS, Tuberculosis and Malaria as a Public International Organization Entitled To Enjoy Certain Privileges, Exemptions, and Immunities
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Federal Register Presidential Documents Vol. 71, No. 12
Thursday, January 19, 2006
Title 3— Proclamation 7973 of January 13, 2006
The President Martin Luther King, Jr., Federal Holiday, 2006
By the President of the United States of America
A Proclamation
As we observe the 20th anniversary of the Martin Luther King, Jr., Federal Holiday, we reflect on the history of civil rights in America and honor Dr. King for the power of his intellect, the truth of his words, and the example of his courage. Dr. King created a powerful and enduring legacy for all Americans by calling upon our Nation to ensure equal justice under law and uphold our founding ideals of life, liberty, and the pursuit of happiness for all people. Dr. King became an active leader in the civil rights movement in the 1950s, strengthened in his resolve by the quiet courage of Rosa Parks’ refusal to give up her seat on a Montgomery, Alabama, bus. He advocated non- violent action as a means to overcome the evil of racism in America, and he led the effort that resulted in the Civil Rights Act of 1964. Dr. King later said that the legislation was the work of every citizen who took to the streets and marched for justice and equality. The Voting Rights Act, which became law the next year, guaranteed all citizens the right to vote, regardless of race, and helped our country realize the promise of the 15th Amendment to our Constitution. Dr. King believed that all people are made in God’s image and created equal. He dedicated his life to empowering people, no matter their cir- cumstances, and challenged them to lift up their neighbors and communities. He broke down barriers within our society by encouraging Americans to look past their differences and refused to rest until our Nation fulfilled its pledge of liberty and justice for all. As we observe and honor Dr. King’s birthday, we are reminded that great causes often involve great sacrifices. In the five decades since Dr. King and Mrs. Parks stood together in Montgomery, Alabama, our country has made great progress toward equality for every citizen. Yet more work remains. In the words of Dr. King, ‘‘We will not be satisfied until ‘justice rolls down like waters and righteousness like a mighty stream.’ ’’ 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 Monday, January 16, 2006, as the Martin Luther King, Jr., Federal Holiday. I encourage all Ameri- cans to observe this day with appropriate civic, community, and service programs and activities in honor of the memory and legacy of Dr. King.
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IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of January, in the year of our Lord two thousand six, and of the Independence of the United States of America the two hundred and thirtieth. W
[FR Doc. 06–552 Filed 1–18–06; 9:23 am] Billing code 3195–01–P
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Proclamation 7974 of January 13, 2006
Religious Freedom Day, 2006
By the President of the United States of America
A Proclamation
The right to religious freedom is a foundation of America. On Religious Freedom Day, our Nation celebrates the passage of the 1786 Virginia Statute for Religious Freedom and the protection of religious freedom in the First Amendment to the United States Constitution. Our Founding Fathers knew the importance of freedom of religion to a stable democracy, and our Constitution protects individuals’ rights to worship as they choose. We reject religious discrimination in every form, and we continue our efforts to oppose prejudice and to counter any infringements on religious freedom. Today, we are also working to advance freedom of religion abroad. The Department of State’s Office of International Religious Freedom plays an important role in these efforts, advocating for religious freedom and actively working against religious persecution around the world. In recent years, we have seen important progress, including in Vietnam, Laos, India, Georgia, and the United Arab Emirates, and with the release of many individuals in countries throughout the world who had been imprisoned because of their faith. By helping to secure the religious freedom of people in other countries, we promote the spread of liberty and human dignity. 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 January 16, 2006, as Religious Freedom Day. I call on all Americans to reflect on the great blessing of religious liberty, endeavor to preserve this freedom for future generations, and commemorate this day with appropriate events and activities in their schools, places of worship, neighborhoods, and homes. IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of January, in the year of our Lord two thousand six, and of the Independence of the United States of America the two hundred and thirtieth. W
[FR Doc. 06–553
Filed 1–18–06; 9:23 am] Billing code 3195–01–P
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Executive Order 13395 of January 13, 2006
Designating the Global Fund To Fight AIDS, Tuberculosis and Malaria as a Public International Organization Entitled To Enjoy Certain Privileges, Exemptions, and Immunities
By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 1 and 16 of the International Organizations Immunities Act (22 U.S.C. 288 and 288f–6), it is hereby ordered as follows: Section 1. Designation. The Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund) is hereby designated as a public international organiza- tion entitled to enjoy the privileges, exemptions, and immunities provided by the International Organizations Immunities Act. Sec. 2. Non-Abridgement. The designation in section 1 is not intended to abridge in any respect privileges, exemptions, or immunities that the Global Fund otherwise may have acquired or may acquire by law. W THE WHITE HOUSE, January 13, 2006.
[FR Doc. 06–554 Filed 1–18–06; 9:23 am] Billing code 3195–01–P
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Reader Aids Federal Register Vol. 71, No. 12 Thursday, January 19, 2006
Federal Register / Vol. 71, No. 12 / Thursday, January 19, CFR PARTS AFFECTED DURING JANUARY 2006 / Reader Aids CUSTOMER SERVICE AND INFORMATION At the end of each month, the Office of the Federal Register publishes separately a List of CFR Sections Affected (LSA), which Federal Register/Code of Federal Regulations lists parts and sections affected by documents published since the revision date of each title. General Information, indexes and other finding 202–741–6000 aids 3 CFR 381...... 1683 Laws 741–6000 391...... 2135 Proclamations: 590...... 2135 Presidential Documents 6867 (See: Notice of 592...... 2135 January 10, 2006)...... 2133 Executive orders and proclamations 741–6000 Proposed Rules: 7757 (See: Notice of The United States Government Manual 741–6000 77...... 1985 January 10, 2006)...... 2133 318...... 2483 7973...... 3199 Other Services 381...... 2483 7974...... 3201 Electronic and on-line services (voice) 741–6020 392...... 1988 Privacy Act Compilation 741–6064 Executive Orders: 439...... 2483 Public Laws Update Service (numbers, dates, etc.) 741–6043 13395...... 3203 TTY for the deaf-and-hard-of-hearing 741–6086 Administrative Orders: 10 CFR Memorandums: 35...... 1926 Memorandum of ELECTRONIC RESEARCH Proposed Rules: December 15, 20...... 29 World Wide Web 2005 ...... 1467 30...... 29, 275 Presidential 31...... 29, 275 Full text of the daily Federal Register, CFR and other publications Determinations: is located at: http://www.gpoaccess.gov/nara/index.html 32...... 29, 275 No. 2006–6 of 33...... 29 Federal Register information and research tools, including Public December 22, 35...... 29 Inspection List, indexes, and links to GPO Access are located at: 2005 ...... 1469 150...... 275 http://www.archives.gov/federallregister/ No. 2006–7 of December 30, E-mail 12 CFR 2005 ...... 871 205...... 1473, 1638 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is No. 2006–8 of an open e-mail service that provides subscribers with a digital December 30, Proposed Rules: form of the Federal Register Table of Contents. The digital form 2005 ...... 1471 Ch. I ...... 287 of the Federal Register Table of Contents includes HTML and Notices: Ch. II ...... 287 PDF links to the full text of each document. Notice of January 6, Ch. III ...... 287 2006 ...... 1681 Ch. V...... 287 To join or leave, go to http://listserv.access.gpo.gov and select 611...... 1704 Online mailing list archives, FEDREGTOC-L, Join or leave the list Notice of January 10, (or change settings); then follow the instructions. 2006 ...... 2133 14 CFR PENS (Public Law Electronic Notification Service) is an e-mail 5 CFR 11...... 1483 service that notifies subscribers of recently enacted laws. 1650...... 1389 21...... 534 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: 23 ...... 537, 1926, 2143 and select Join or leave the list (or change settings); then follow 1651...... 1984 25...... 1485 the instructions. 36...... 530 7 CFR 39 ...... 231, 873, 1390, 1930, FEDREGTOC-L and PENS are mailing lists only. We cannot 226...... 1 1935, 1937, 1939, 1941, respond to specific inquiries. 400...... 2135 1947, 1949, 1951, 2453, Reference questions. Send questions and comments about the 930...... 1915 2455, 2857, 2859, 2993, Federal Register system to: [email protected] 946...... 1919 2995 The Federal Register staff cannot interpret specific documents or 982...... 1921 71 ...... 537, 2145, 2997, 2998 regulations. Proposed Rules: 73...... 2146 56...... 2168 95...... 2998 97...... 1393, 1686 FEDERAL REGISTER PAGES AND DATE, JANUARY 70...... 2168 319...... 1700 121 ...... 534, 1666, 1688 135...... 534 1–230...... 3 1000...... 545 1001...... 545 Proposed Rules: 231–536...... 4 39 ...... 291, 293, 295, 297, 299, 537–872...... 5 1005...... 545 1006...... 545 1718, 2491, 3021, 3023 873–1388...... 6 1007...... 545 71 ...... 552, 889, 1397, 1398 1389–1472...... 9 1030...... 545 15 CFR 1473–1682...... 10 1032...... 545 1683–1914...... 11 1033...... 545 930...... 788 1915–2134...... 12 1124...... 545 2135–2452...... 13 1126...... 545 17 CFR 2453–2856...... 17 1131...... 545 36...... 1953 2857–2990...... 18 37...... 1953 9 CFR 2991–3204...... 19 38...... 1953 78...... 2991 39...... 1953 317...... 1683 40...... 1953
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242...... 232 29 CFR 141...... 388, 654 43...... 227 Proposed Rules: 1926...... 2879 142...... 388, 654 44...... 225 4...... 1463 1952...... 2885 180...... 2889 46...... 200, 227 2520...... 1904 Proposed Rules: 47...... 200 18 CFR 4022...... 2147 50...... 2620 48...... 227 11...... 2863 4044...... 2147, 2148 51...... 69 50...... 227 2...... 1348 Proposed Rules: 52 ...... 85, 569, 577, 890, 892, 52 ...... 200, 208, 219, 221, 224, 33...... 1348 2700...... 553 1994, 1996, 2177, 3029 225, 226, 227, 864 Proposed Rules: 2704...... 553 53...... 2710 53...... 200 35...... 303 2705...... 553 58...... 2710 1631...... 3015 370...... 303 60...... 2509 1644...... 3015 30 CFR 61...... 2509 1652...... 3015 19 CFR 946...... 1488 63...... 1386, 1403 2401...... 2432 12...... 3000 86...... 2843 2402...... 2432 101...... 2457 31 CFR 122...... 894 2406...... 2432 103...... 496 180...... 901 2408...... 2432 20 CFR 215...... 2149 745...... 1588 2409...... 2432 404...... 2312, 2871 501...... 1971 1604...... 309 2411...... 2432 2413...... 2432 416...... 2871 Proposed Rules: 41 CFR 103...... 516 2415...... 2432 21 CFR 301–10...... 876 501...... 1994 2416...... 2432 2419...... 2432 210...... 2458 42 CFR 510...... 875, 2147 32 CFR 2422...... 2432 419...... 2617 520...... 875 199...... 1695 2426...... 2432 2432...... 2432 522...... 1689 43 CFR 558...... 5, 1689 33 CFR 2437...... 2432 Proposed Rules: 2442...... 2432 803...... 1488 110...... 3001 2930...... 2899 2446...... 2432 Proposed Rules: 117...... 1494, 2151 2448...... 2432 56...... 2493 165 ...... 538, 2152, 2886, 3003, 46 CFR 2452...... 2432 210...... 2494 3005, 3007 10...... 2154 Proposed Rules: 310...... 2309 Proposed Rules: Ch. 8 ...... 2342 866...... 1399 110...... 3025 47 CFR 2404...... 2444 117...... 2176 23 CFR 1...... 2167 2408...... 2444 165...... 3027 64...... 2895, 3014 2415...... 2444 Proposed Rules: 73 ...... 245, 246, 247, 877 1313...... 29 36 CFR 2437...... 2444 Proposed Rules: 2439...... 2444 223...... 522, 523 24 CFR 20...... 3029 2452...... 2444 1011...... 2109 54...... 1721 401...... 2112 9903...... 313 Proposed Rules: 73...... 312, 313 402...... 2112 219...... 307 Proposed Rules: 48 CFR 49 CFR 37 CFR 401...... 2126 Ch. 1 ...... 198, 228, 864, 866 219...... 1498 402...... 2126 Proposed Rules: 1...... 200 383...... 2897 1000...... 2176 1...... 48, 61 2...... 208, 211 384...... 2897 2...... 2498 25 CFR 4...... 208 571...... 877 5...... 219, 220 Proposed Rules: 38 CFR 243...... 2426 6...... 219 192...... 1504 17...... 2464 26 CFR 7...... 208, 211 1105...... 3030 21...... 1496 8...... 221 1 ...... 6, 11, 1971, 2462 9...... 219, 227 50 CFR 20...... 2147 39 CFR 11...... 211, 227 31...... 11 111...... 1976 12 ...... 211, 219, 220 223...... 834 602...... 6 3001...... 2464 14...... 219 224...... 834 Proposed Rules: 16...... 211 229...... 1980 1...... 2496 40 CFR 17...... 219 299...... 247 31...... 46 9...... 388, 654 19...... 220, 221 600...... 27 301...... 2497, 2498 16...... 232 22...... 219, 864 622...... 3018 35...... 17 25 ...... 219, 221, 223, 224, 227, 635...... 273, 1395 27 CFR 52.....19, 21, 24, 241, 244, 541, 864 648...... 1982, 3016 Proposed Rules: 1463, 1696, 3009 27...... 227 679...... 1698 9...... 1500 60...... 2472 34...... 227 Proposed Rules: 61...... 2472 37...... 211 17...... 315, 3158 28 CFR 63...... 1378 38...... 227 223...... 3033 16...... 16 81...... 24, 541 39...... 211, 227 660...... 1998, 2510 105...... 1690 86...... 2810 42...... 200, 221 679...... 386
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REMINDERS Poultry product exportation Health Insurance Portability Lycoming Engines; The items in this list were to United States; eligible and Accountability Act; comments due by 1-26- editorially compiled as an aid countries; addition— implementation— 06; published 12-27-05 to Federal Register users. China; comments due by Electronic health care [FR E5-07815] Inclusion or exclusion from 1-23-06; published 11- claims attachments; Raytheon; comments due by this list has no legal 23-05 [FR 05-23123] comments due by 1-23- 1-23-06; published 11-22- significance. COMMERCE DEPARTMENT 06; published 11-22-05 05 [FR 05-23055] National Oceanic and [FR 05-23077] Airworthiness standards: Atmospheric Administration Medicare and medicaid: Transport category RULES GOING INTO Fishery conservation and Health Insurance Portability airplanes— EFFECT JANUARY 19, management: and Accountability Act; Seat belt attachment fittings on passenger 2006 Caribbean, Gulf, and South implementation— seats; unreliable design; Atlantic fisheries— Electronic health care policy statement; FEDERAL ELECTION Gulf of Mexico shrimp; claims attachments; comments due by 1-27- COMMISSION comments due by 1-23- standards; comments 06; published 12-28-05 Bipartisan Campaign Reform 06; published 11-23-05 due by 1-23-06; [FR 05-24501] Act; implementation: [FR 05-23203] published 9-23-05 [FR Class D airspace; comments Certain salaries and wages; 05-18927] ENVIRONMENTAL due by 1-25-06; published State, district and local PROTECTION AGENCY HEALTH AND HUMAN 10-31-05 [FR 05-21585] party committee payment; Air pollutants, hazardous; SERVICES DEPARTMENT published 12-20-05 Class E airspace; comments national emission standards: Health Resources and due by 1-27-06; published HOMELAND SECURITY Miscellaneous organic Services Administration 1-5-06 [FR 06-00080] DEPARTMENT chemical manufacturing; Health resources development: Colored Federal airways; Customs and Border comments due by 1-24- Organ Procurement and comments due by 1-23-06; Protection Bureau 06; published 12-8-05 [FR Transplantation Network— published 12-8-05 [FR 05- Merchandise, special classes: 05-23666] Intestines; comments due 23759] Archaeological and Air quality implementation by 1-23-06; published Offshore airspace areas; ethnological material plans; approval and 11-23-05 [FR 05-23149] comments due by 1-23-06; from— promulgation; various published 12-8-05 [FR 05- Italy; pre-Classical, States: HOMELAND SECURITY 23757] DEPARTMENT Classical, and Imperial Alabama; comments due by TRANSPORTATION Roman periods; 1-27-06; published 12-28- Coast Guard DEPARTMENT published 1-19-06 05 [FR 05-24473] Drawbridge operations: Federal Transit TRANSPORTATION Tennessee; comments due New Jersey; comments due Administration DEPARTMENT by 1-26-06; published 12- by 1-23-06; published 11- Buy America requirements; Federal Aviation 27-05 [FR 05-24414] 22-05 [FR 05-23028] definitions and waiver Administration Pesticides; tolerances in food, INTERIOR DEPARTMENT procedures amendments; animal feeds, and raw comments due by 1-27-06; Airworthiness standards: Land Management Bureau agricultural commodities: published 11-28-05 [FR 05- Class E airspace; published Land resource management: 12-5-05 Tralkoxydim; comments due 23323] by 1-23-06; published 11- Public land recreation TREASURY DEPARTMENT TRANSPORTATION 23-05 [FR 05-23106] permits; comments due by DEPARTMENT Merchandise, special classes: FEDERAL 1-23-06; published 11-22- Pipeline and Hazardous Archaeological and COMMUNICATIONS 05 [FR 05-23113] Materials Safety ethnological material COMMISSION LABOR DEPARTMENT Administration from— Common carrier services: Labor-Management Pipeline safety: Italy; pre-Classical, Commercial mobile radio Standards Office Gas gathering line definition; Classical, and Imperial services— safety standards for Roman periods; Standards of conduct: Roaming obligations; onshore lines; public published 1-19-06 Labor organization officer reexamination; and employee reports; meeting; comments due comments due by 1-26- comments due by 1-26- by 1-26-06; published 1- COMMENTS DUE NEXT 06; published 1-19-06 06; published 10-24-05 10-06 [FR 06-00224] WEEK [FR 06-00456] [FR 05-21274] TREASURY DEPARTMENT Emergency Alert System; NUCLEAR REGULATORY Internal Revenue Service AGRICULTURE digital communications COMMISSION Income taxes: DEPARTMENT technology coverage; Partner’s distributive share; Plants and materials; physical Animal and Plant Health comments due by 1-24-06; comments due by 1-25- protection: Inspection Service published 11-25-05 [FR 05- 06; published 11-18-05 Exportation and importation of 23270] Design basis threat; [FR 05-22281] comments due by 1-23- animals and animal HEALTH AND HUMAN VETERANS AFFAIRS 06; published 11-7-05 [FR products: SERVICES DEPARTMENT DEPARTMENT 05-22200] Bovine Spongiform Food and Drug Servicemembers’ and encephalopathy; minimal- Administration TRANSPORTATION veterans’ group life risk regions and Animal drugs, feeds, and DEPARTMENT insurance: importation of related products: Federal Aviation Traumatic injury protection; commodities; comments Minor uses or minor Administration comments due by 1-23- due by 1-27-06; published species; new drugs Airworthiness directives: 06; published 12-22-05 11-28-05 [FR 05-23334] designation; comments Boeing; comments due by [FR 05-24390] AGRICULTURE due by 1-27-06; published 1-23-06; published 11-23- DEPARTMENT 12-28-05 [FR 05-24512] 05 [FR 05-23156] LIST OF PUBLIC LAWS Food Safety and Inspection HEALTH AND HUMAN Gulfstream; comments due Service SERVICES DEPARTMENT by 1-23-06; published 12- This is a continuing list of Meat and poultry inspection: Administrative requirements: 9-05 [FR 05-23832] public bills from the current
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session of Congress which Superintendent of Documents, Implementation Act (Jan. 11, listserv.gsa.gov/archives/ have become Federal laws. It U.S. Government Printing 2006; 119 Stat. 3581) publaws-l.html may be used in conjunction Office, Washington, DC 20402 Last List January 12, 2006 with ‘‘PLUS’’ (Public Laws (phone, 202–512–1808). The Note: This service is strictly Update Service) on 202–741– text will also be made for E-mail notification of new 6043. This list is also available on the Internet from available online at http:// Public Laws Electronic laws. The text of laws is not GPO Access at http:// Notification Service www.archives.gov/federal- www.gpoaccess.gov/plaws/ available through this service. register/laws.html. index.html. Some laws may (PENS) PENS cannot respond to The text of laws is not not yet be available. specific inquiries sent to this published in the Federal PENS is a free electronic mail address. Register but may be ordered H.R. 4340/P.L. 109–169 notification service of newly in ‘‘slip law’’ (individual United States-Bahrain Free enacted public laws. To pamphlet) form from the Trade Agreement subscribe, go to http://
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