10–19–06 Thursday Vol. 71 No. 202 Oct. 19, 2006

Pages 61633–61868

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Contents Federal Register Vol. 71, No. 202

Thursday, October 19, 2006

Agriculture Department NOTICES See Forest Service Agency information collection activities; proposals, submissions, and approvals, 61765–61771 Coast Guard Air pollution control: PROPOSED RULES Citizens suits; proposed settlements— Drawbridge operations: Natural Resources Defense Council, et al., 61771–61772 Connecticut, 61698–61701 Executive Office of the President Commerce Department See Trade Representative, Office of United States See Industry and Security Bureau See International Trade Administration Federal Aviation Administration See National Oceanic and Atmospheric Administration RULES Airworthiness directives: Customs and Border Protection Bureau Aerospace Technologies of Australia Pty Ltd., 61636– NOTICES 61639 Agency information collection activities; proposals, Airbus, 61639–61648 submissions, and approvals, 61790–61792 Boeing, 61644–61646 Turbomeca, 61634–61635, 61642–61643 Defense Department PROPOSED RULES See Navy Department Airworthiness directives: NOTICES McDonnell Douglas, 61690–61691 Civilian health and medical program of uniformed services NOTICES (CHAMPUS): Exemption petitions; summary and disposition, 61821– TRICARE program— 61822 Diagnosis related group updates; 2007 FY rates and weights; correction, 61729–61730 Federal Communications Commission Meetings: NOTICES Senior Executive Service Performance Review Board; Agency information collection activities; proposals, membership, 61730 submissions, and approvals, 61772–61774 Declaratory ruling petitions: Drug Enforcement Administration Arizona Dialtone Inc. and IDT Telecom, Inc., 61774 NOTICES Meetings: Schedules of controlled substances: Technological Advisory Council, 61774 Ephedrine, pseudoephedrine, and phenylpropanolamine; Schedule I proposed 2007 assessment, 61801–61803 Federal Deposit Insurance Corporation Schedules of controlled substances; production quotas: NOTICES Schedules I and II— No Fear Act: Final revised 2006 aggregate, 61803–61806 Employee, applicants; rights and remedies, 61774–61776 Applications, hearings, determinations, etc.: Tocris Cookson, Inc., 61800–61801 Federal Energy Regulatory Commission NOTICES Education Department Agency information collection activities; proposals, NOTICES submissions, and approvals, 61736–61737 Agency information collection activities; proposals, Electric rate and corporate regulation combined filings, submissions, and approvals, 61730 61756–61759 Environmental statements; availability, etc.: Energy Department Millennium Pipeline L.L.C. et al., 61759–61761 See Federal Energy Regulatory Commission Environmental statements; notice of intent: NOTICES Kinder Morgan Illinois Pipeline LLC, 61761–61762 Environmental statements; notice of intent: Hydroelectric applications, 61762–61765 Complex 2030; stockpile stewardship and management, Meetings: 61731–61736 Midwest Independent Transmission System Operator, Inc., et al., 61765 Environmental Protection Agency Applications, hearings, determinations, etc.: RULES 330 Fund I, L.P., et al., 61737–61738 Air quality implementation plans; approval and AB Energy, Inc., 61738 promulgation; various States; air quality planning Allegheny Ridge Wind Farm, LLC, 61738–61739 purposes; designation of areas: Aquila, Inc., 61739 Indiana; withdrawn, 61686–61687 BG Dighton Power, LLC, 61739–61740 PROPOSED RULES Black River Macro Discretionary Fund, Ltd., et al., 61740 Air pollutants, hazardous; national emission standards: Carolina Gas Transmission Corp. et al., 61740 Semiconductor manufacturing, 61701–61705 Celeren Corp., 61740–61741

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Cinergy Marketing & Trading, L.P, 61741 Food and Drug Administration CMP Androscoggin LLC, 61741–61742 NOTICES Colorado Interstate Gas Co., 61742 Reports and guidance documents; availability, etc.: Columbia Gas Transmission Corp., 61742–61743 Blood and plasma establishments; biological product Dominion Cove Point LNG, LP, 61743 deviation reporting, 61780–61781 Dominion Transmission, Inc., 61743–61744 Licensed manufacturers of biological products other than Eastern Shore Natural Gas Co., 61744 blood and blood components; biological product ECP Energy, LLC, 61744 deviation reporting, 61781–61782 Evergreen Windpower, LLC, 61744–61745 Fairchild Energy, LLC, 61745 Forest Service FPL Energy Mower County, LLC, 61745–61746 NOTICES FPL Energy Oliver Wind, LLC, 61746 Agency information collection activities; proposals, Gas Transmission Northwest Corp., 61746 submissions, and approvals, 61706 Hawks Nest Hydro LLC, 61747 International Paper Co., 61747 Health and Human Services Department Liberty Power Holdings, LLC, 61747–61748 See Food and Drug Administration Liberty Power Maine, LLC, et al., 61748–61749 See National Institutes of Health NOTICES MATEP LLC, 61749 Agency information collection activities; proposals, Moguai Energy, LLC, 61749–61750 submissions, and approvals, 61780 Mt. Tom Generating Co., LLC, 61750 New Hope Power Partnership, 61750–61751 Homeland Security Department Newmont Nevada Energy Investment LLC, 61751 See Coast Guard Noble Bliss Windpark, LLC, et al., 61751 See Customs and Border Protection Bureau Northern Indiana Public Service Co., 61752 Parkview AMC Energy, LLC, 61752–61753 Housing and Urban Development Department PEAK Capital Management, LLC, 61753 RULES Puget Sound Energy, Inc., 61753–61754 Public and Indian housing: Reliant Energy Power Supply, LLC, 61754 Indian Housing Block Grant Program; minimum funding Tennessee Gas Pipeline Co., 61754–61755 extension, 61866–61868 Williston Basin Interstate Pipeline Co., 61755 Wolverine Trading, Inc., 61755–61756 Industry and Security Bureau PROPOSED RULES Export administration regulations: Federal Motor Carrier Safety Administration China; export and reexport controls revisions and NOTICES clarification; new authorization validated end-user, Agency information collection activities; proposals, 61692 submissions, and approvals, 61822–61825 NOTICES Export transactions: Federal Railroad Administration List of unverified persons in foreign countries, guidance RULES to exporters as to red flags (Supplement No. 3 to 15 Railroad safety: CFR part 732); update, 61706–61708 Passenger equipment safety standards— Miscellaneous amendments and safety appliances Interior Department attachment, 61836–61864 See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service Federal Reserve System See Reclamation Bureau NOTICES See Surface Mining Reclamation and Enforcement Office Banks and bank holding companies: Formations, acquisitions, and mergers, 61776 Internal Revenue Service Permissible nonbanking activities, 61776 RULES Income taxes: Federal Trade Commission Foreign tax expenditures; partner’s distributive share, NOTICES 61648–61662 Agency information collection activities; proposals, Income attributable to domestic production activities; submissions, and approvals, 61776–61780 deduction, 61662–61680 Procedure and administration: Return information disclosure by officers and employees Fish and Wildlife Service for investigative purposes NOTICES Correction, 61833 Endangered and threatened species permit applications, PROPOSED RULES determinations, etc., 61792 Income taxes: Meetings: Income attributable to domestic production activities; Sport Fishing and Boating Partnership Council, 61792– deduction; hearing, 61692–61693 61793 Payments in lieu of taxes; treatment, 61693–61695 Reports and guidance documents; availability, etc.: NOTICES National Management Control Plan; New Zealand Agency information collection activities; proposals, mudsnail, 61793–61794 submissions, and approvals, 61828–61832

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International Trade Administration National Institute of Child Health and Human NOTICES Development, 61783–61784 Antidumping: National Institute of Diabetes and Digestive and Kidney Fresh garlic from— Diseases, 61782–61785 China, 61708–61709 National Institute of Neurological Disorders and Stroke, Heavy forged hand tools, finished or unfinished, with or 61783 without handles, from— Scientific Review Center, 61785–61790 China, 61709–61710 Lemon juice from— National Oceanic and Atmospheric Administration Argentina and Mexico, 61710–61714 NOTICES Softwood lumber products from— Grants and cooperative agreements; availability, etc.: Canada, 61714 Environmental literacy projects, 61724–61729 Countervailing duties: Softwood lumber products from— Navy Department Canada, 61714–61715 RULES North American Free Trade Agreement (NAFTA); Navigation, COLREGS compliance exemptions: binational panel reviews: USS HAWAII, 61685–61686 Softwood lumber products from— Canada, 61715–61716 Nuclear Regulatory Commission Reports and guidance documents; availability, etc.: NOTICES Antidumping methodologies: market economy inputs, Environmental statements; availability, etc.: expected non-market economy wages, and duty Nuclear Management Company, LLC, 61806 drawback, 61716–61724 Meetings: International Trade Commission Reactor Safeguards Advisory Committee, 61806–61808 NOTICES Import investigations: Office of United States Trade Representative Engines, components and products containing the same, See Trade Representative, Office of United States 61799–61800 Personnel Management Office Justice Department RULES See Drug Enforcement Administration Absence and leave: Senior Executive Service; accrual and accumulation, Land Management Bureau 61633–61634 NOTICES Meetings: Reclamation Bureau Resource Advisory Councils— NOTICES New Mexico, 61794 Environmental statements; notice of intent: Realty actions; sales, leases, etc.: Upper Truckee River and Marsh Restoration Project, CA, Nevada, 61794–61796 61797–61799 Survey plat filings: Montana, 61796 Securities and Exchange Commission NOTICES Minerals Management Service Agency information collection activities; proposals, NOTICES submissions, and approvals, 61809 Agency information collection activities; proposals, Self-regulatory organizations; proposed rule changes: submissions, and approvals, 61796–61797 American Stock Exchange LLC, 61809–61815 National Aeronautics and Space Administration NASDAQ Stock Market LLC, 61815–61819 New York Stock Exchange LLC, 61819–61820 RULES Acquisition regulations: Small business innovation research and small business Small Business Administration technology transfer contractor re-certification of NOTICES program compliance, 61687–61689 Interest rates; quarterly determinations, 61820 National Highway Traffic Safety Administration Social Security Administration NOTICES NOTICES Motor vehicle safety standards: Agency information collection activities; proposals, Nonconforming vehicles importation eligibility submissions, and approvals, 61820–61821 determinations, 61825–61826 Motor vehicle safety standards; exemption petitions, etc.: Surface Mining Reclamation and Enforcement Office BMW, 61826–61827 RULES Permanent program and abandoned mine land reclamation National Institutes of Health plan submissions: NOTICES New Mexico, 61680–61685 Meetings: PROPOSED RULES National Human Genome Research Institute, 61782 Permanent program and abandoned mine land reclamation National Institute of Biomedical Imaging and plan submissions: Bioengineering, 61785 Ohio, 61695–61698

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Trade Representative, Office of United States NOTICES NOTICES Agency information collection activities; proposals, World Trade Organization: submissions, and approvals, 61827 Dispute settlement panel proceedings— United States; measures affecting the cross-border supply of gambling and betting services, 61808– Separate Parts In This Issue 61809 Part II Transportation Department, Federal Railroad Transportation Department Administration, 61836–61864 See Federal Aviation Administration See Federal Motor Carrier Safety Administration Part III See Federal Railroad Administration Housing and Urban Development Department, 61866–61868 See National Highway Traffic Safety Administration

Treasury Department Reader Aids See Internal Revenue Service Consult the Reader Aids section at the end of this issue for RULES phone numbers, online resources, finding aids, reminders, Merchandise, special classes: and notice of recently enacted public laws. Canada; softwood lumber products; special entry To subscribe to the Federal Register Table of Contents requirements, 61399-61403 [Editorial Note: This LISTSERV electronic mailing list, go to http:// document was inadvertently dropped from the listserv.access.gpo.gov and select Online mailing list Federal Register Table of Contents of Wednesday, archives, FEDREGTOC-L, Join or leave the list (or change October 18, 2006.] 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.

5 CFR 630...... 61633 14 CFR 39 (6 documents) ...... 61634, 61636, 61639, 61642, 61644, 61648 Proposed Rules: 39...... 61690 15 CFR Proposed Rules: 740...... 61692 742...... 61692 744...... 61692 748...... 61692 24 CFR 1000...... 61866 26 CFR 1 (2 documents) ...... 61648, 61662 301...... 61833 Proposed Rules: 1 (2 documents) ...... 61692, 61693 30 CFR 931...... 61680 Proposed Rules: 935...... 61695 32 CFR 706...... 61685 33 CFR Proposed Rules: 117...... 61698 40 CFR 52...... 61686 81...... 61686 Proposed Rules: 63...... 61701 48 CFR 1819...... 61687 1852...... 61687 49 CFR 229...... 61836 238...... 61836

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Rules and Regulations Federal Register Vol. 71, No. 202

Thursday, October 19, 2006

This section of the FEDERAL REGISTER The 60-day comment period for the this requirement is not consistent with contains regulatory documents having general interim regulations ended on May 20, Congress’ intent in providing this leave applicability and legal effect, most of which 2005. During the comment period, OPM benefit. Further, the commenters believe are keyed to and codified in the Code of received comments from 2 agencies, 3 the requirement that an equivalent Federal Regulations, which is published under professional organizations, 1 union, and position must be subject to a 50 titles pursuant to 44 U.S.C. 1510. 14 individuals. In this final rule performance appraisal system will have The Code of Federal Regulations is sold by document, we address the comments an adverse impact on an agency’s ability the Superintendent of Documents. Prices of received on the interim regulations. to recruit exceptionally qualified and new books are listed in the first FEDERAL The majority of individuals experienced individuals. REGISTER issue of each week. commented that the interim regulations The law gives OPM sole authority to were unfair and created disparate determine whether a pay system is treatment of Federal employees. The equivalent to the SES pay system or SL/ OFFICE OF PERSONNEL commenters believe the annual leave ST pay system for the purpose of MANAGEMENT accrual rate should be based solely on authorizing the 8-hour annual leave an employee’s length of creditable accrual rate for categories of employees 5 CFR Part 630 service and not on the employee’s grade in positions covered by the pay system. or pay level. OPM’s regulations are OPM’s regulations in § 630.301(b) allow RIN 3206–AK72 consistent with the statutory language in the head of an agency to request that 5 U.S.C. 6303(f), which provides OPM authorize the 8-hour annual leave Absence and Leave; SES Annual entitlement to a higher annual leave accrual rate for additional categories of Leave accrual rate to SES members, employees employees in positions in pay systems, AGENCY: Office of Personnel in SL and ST positions, and employees determined by OPM, to be equivalent to Management. in positions covered by a pay system, the SES pay system or SL/ST pay determined by OPM, to be equivalent to system because the covered pay systems ACTION: Final rule. the SES or SL/ST pay systems. This meet three conditions— SUMMARY: The Office of Personnel annual leave benefit is one of two leave 1. Pay rates are established under an Management is issuing final regulations enhancements provided in the Act. administratively determined (AD) pay to provide a higher annual leave accrual Section 202(a) of the Act added system that has a single rate of pay rate of 1 day (8 hours) per biweekly pay paragraph (e) to 5 U.S.C. 6303 to (excluding locality pay) that is higher period for members of the Senior provide OPM with the authority to than the rate for GS–15, step 10 Executive Service, employees in senior- prescribe regulations to permit an (excluding locality pay) or has a range level and scientific or professional agency to provide to a newly appointed of rates where the minimum rate positions, and other employees covered or reappointed employee service credit (excluding locality pay) of the rate range by equivalent pay systems. for prior work experience that otherwise is at least equal to the minimum rate for DATES: The regulations are effective would not be creditable for the purpose the SES and SL/ST pay systems (120 November 20, 2006. of determining the employee’s annual percent of the rate for GS–15, step 1, leave accrual rate. An agency may excluding locality pay) and the FOR FURTHER INFORMATION CONTACT: provide service credit to an employee if maximum rate (excluding locality pay) Kevin Kitchelt by telephone at (202) his or her work experience was obtained of the rate range is at least equal to the 606–2858, by fax at (202) 606–0824, or in a position having duties that directly rate for level IV of the Executive by e-mail at pay-performance- relate to the duties of the position to Schedule; [email protected]. which the employee is being appointed 2. Covered positions are equivalent to SUPPLEMENTARY INFORMATION: On March and if it is determined that the use of a ‘‘Senior Executive Service position’’ as 21, 2005, the Office of Personnel this authority is necessary to recruit an defined in 5 U.S.C. 3132(a)(2), a senior- Management (OPM) published interim individual with the skills and level position (i.e., a non-executive regulations (70 FR 13343) to implement experience necessary to achieve an position that is classified above GS–15, Section 202(b) of the Federal Workforce important agency mission or such as a high-level special assistant or Flexibility Act of 2004 (Pub. L. 108–411, performance goal. (See OPM’s interim a senior attorney in a highly-specialized October 30, 2004) hereafter referred to regulations issued on April 29, 2005, at field who is not a manager, supervisor, as ‘‘the Act.’’ Section 202(b) added 70 FR 22245.) Agencies have or policy advisor), or a scientific or paragraph (f) to 5 U.S.C. 6303 to provide discretionary authority to use this professional position as described in 5 that members of the Senior Executive enhanced authority, regardless of an U.S.C. 3104; and Service (SES), employees in senior-level employee’s grade 3. Covered positions are subject to a (SL) and scientific or professional (ST) Several commenters disagreed with performance appraisal system positions, and employees covered by a the criteria in § 630.301(b)(3) of the established under 5 U.S.C. chapter 43 pay system equivalent to the SES pay interim regulations that require an SES and 5 CFR part 430, subparts B and C, system or SL/ST pay system, as or SL/ST ‘‘equivalent position’’ to be or other applicable legal authority, for determined by OPM, will accrue annual subject to a performance appraisal planning, monitoring, developing, leave at the rate of 1 day (8 hours) for system. The commenters believe there is evaluating, and rewarding employee each full biweekly pay period, without no basis in law to require an SES or SL/ performance. regard to their length of service in the ST ‘‘equivalent position’’ to be covered The SES pay system assures a clear Federal Government. by a performance appraisal system, and and direct linkage between performance

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and pay. Paysetting for a member of the 106 Stat. 2722, and Pub. L. 103–337, 108 Stat. wear. This AD results from reports of SES is based on the individual’s 2663; subpart D also issued under Pub. L. uncommanded in-flight shutdowns of performance, contribution to the 103–329, 108 Stat. 2423; 630.501 and subpart engines. We are issuing this AD to agency’s performance, or both, as F also issued under E.O. 11228, 30 FR 7739, detect wear on the splines of the HP 3 CFR, 1974 Comp., p. 163; subpart G also determined under a rigorous issued under 5 U.S.C. 6305; subpart H also pump drive gear shaft and coupling performance management system. Since issued under 5 U.S.C. 6326; subpart I also shaft assembly, which could interrupt the SES and SL/ST pay systems are both issued under 5 U.S.C. 6332, Pub. L. 100–566, the fuel flow and cause an subject to a performance appraisal 102 Stat. 2834, and Pub. L. 103–103, 107 Stat. uncommanded in-flight shutdown of the system established under 5 U.S.C. 1022; subpart J also issued under 5 U.S.C. engine on a single-engine helicopter. chapter 43 and 5 CFR part 430, subparts 6362, Pub. L. 100–566, and Pub. L. 103–103; The in-flight shutdown of the engine B and C, it is essential that, for any subpart K also issued under Pub. L. 105–18, could result in a forced autorotation position to be deemed equivalent, it 111 Stat. 158; subpart L also issued under 5 landing or accident. must be subject to an equivalent U.S.C. 6387 and Pub. L. 103–3, 107 Stat. 23; and subpart M also issued under 5 U.S.C. DATES: This AD becomes effective performance appose of allowing a 6391 and Pub. L. 102–25, 105 Stat. 92. November 24, 2006. The Director of the higher annual leave accrual rate is to Federal Register approved the provide agencies with an additional tool Subpart C—Annual Leave incorporation by reference of certain to recruit well-qualified, experienced publications listed in the regulations as individuals for senior positions. We I 2. In § 630.301, paragraph (b) of November 24, 2006. believe this additional leave benefit will introductory text, is revised to read as ADDRESSES: assist agencies in recruiting mid-career follows: You can get the service individuals who may be hesitant to information identified in this AD from enter Federal service if they have to § 630.301 Annual leave accrual and Turbomeca, 40220 Tarnos—France; Tel accumulation—Senior Executive Service. surrender a considerable amount of (33) 05 59 74 40 00; Telex 570 042; Fax personal or vacation time without an * * * * * (33) 05 59 74 45 15. opportunity to accrue additional paid (b) The head of an agency may request You may examine the AD docket on time off in a timely manner. that OPM authorize an annual leave the Internet at http://dms.dot.gov or in Finally, we have amended accrual rate of 1 full day (8 hours) for Room PL–401 on the plaza level of the § 630.301(b) to remove the word each biweekly pay period for additional Nassif Building, 400 Seventh Street, ‘‘Executive’’ to allow the head of any categories of employees who are SW., Washington, DC. agency to request that OPM authorize covered by 5 U.S.C. 6301 and who hold FOR FURTHER INFORMATION CONTACT: the 8-hour annual leave accrual rate for positions that are determined by OPM to Christopher Spinney, Aerospace additional categories of employees. We be equivalent to positions subject to the Engineer, Engine Certification Office, are revising this section to be consistent pay systems under 5 U.S.C. 5383 or FAA, Engine and Propeller Directorate, with the legislation. 5376. Such a request must include 12 New England Executive Park, documentation that the affected pay Burlington, MA 01803; telephone (781) E.O. 12866, Regulatory Review system is equivalent to the SES or SL/ 238–7175; fax (781) 238–7199. This rule has been reviewed by the ST pay system because it meets all three SUPPLEMENTARY INFORMATION: The FAA Office of Management and Budget in of the following conditions: proposed to amend 14 CFR part 39 with accordance with E.O. 12866. * * * * * a proposed AD. The proposed AD Regulatory Flexibility Act [FR Doc. E6–17389 Filed 10–18–06; 8:45 am] applies to Turbomeca Arriel 2B, 2B1, I certify that these regulations will not BILLING CODE 6325–39–P and 2B1A turboshaft engines. We have a significant economic impact on published the proposed AD in the a substantial number of small entities Federal Register on March 9, 2006 (71 because they will apply only to Federal DEPARTMENT OF TRANSPORTATION FR 12150). That action proposed to agencies and employees. require visually inspecting the splines Federal Aviation Administration of the HP pump drive gear shaft and List of Subjects in 5 CFR 630 coupling shaft assembly for wear. 14 CFR Part 39 Government employees. Examining the AD Docket Office of Personnel Management. [Docket No. FAA–2005–23809; Directorate You may examine the docket that Linda M. Springer, Identifier 2005–NE–52–AD; Amendment 39– 14795; AD 2006–21–10] contains the AD, any comments Director. received, and any final disposition in I Accordingly, the interim rule RIN 2120–AA64 person at the Docket Management amending 5 CFR part 630, which was Airworthiness Directives; Turbomeca Facility Docket Office between 9 a.m. published at 70 FR 13343 on March 21, Arriel 2B Series Turboshaft Engines and 5 p.m., Monday through Friday, 2005, is adopted as final with the except Federal holidays. The Docket following changes: AGENCY: Federal Aviation Office (telephone (800) 647–5227) is Administration (FAA), Department of located on the plaza level of the PART 630—ABSENCE AND LEAVE Transportation (DOT). Department of Transportation Nassif I 1. The authority citation for part 630 ACTION: Final rule. Building at the street address stated in continues to read as follows: ADDRESSES. Comments will be available SUMMARY: The FAA is adopting a new in the AD docket shortly after the DMS Authority: 5 U.S.C. 6311; 630.205 also airworthiness directive (AD) for receives them. issued under Pub. L. 108–411, 118 Stat 2312; Turbomeca Arriel 2B, 2B1, and 2B1A 630.301 also issued under Pub. L. 103–356, Comments 108 Stat. 3410 and Pub. L. 108–411, 118 Stat turboshaft engines. This AD requires 2312; 630.303 also issued under 5 U.S.C. visually inspecting the splines of the We provided the public the 6133(a); 630.306 and 630.308 also issued high-pressure (HP) pump drive gear opportunity to participate in the under 5 U.S.C. 6304(d)(3), Pub. L. 102–484, shaft and coupling shaft assembly for development of this AD. We received no

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comments on the proposal or on the We prepared a summary of the costs (1) For hydraulic mechanical units (HMUs) determination of the cost to the public. to comply with this AD and placed it in that have accumulated 450 or more hours the AD Docket. You may get a copy of time-since-new (TSN) or time-since-overhaul Conclusion this summary at the address listed (TSO) on the effective date of this AD, We have carefully reviewed the under ADDRESSES. inspect within 50 hours after the effective available data and determined that air date of this AD. Replace the HMU if worn List of Subjects in 14 CFR Part 39 safety and the public interest require beyond limits. adopting the AD as proposed. Air transportation, Aircraft, Aviation (2) For HMUs that have fewer than 450 safety, Incorporation by reference, hours TSN or TSO on the effective date of Costs of Compliance Safety. this AD, inspect after accumulating 450 hours TSN or TSO, but before accumulating We estimate that this AD will affect Adoption of the Amendment 107 engines installed on helicopters of 500 hours TSN or TSO. Replace the HMU if U.S. registry. We also estimate that it I Accordingly, under the authority worn beyond limits. will take about 1.0 work-hours per delegated to me by the Administrator, Repetitive Visual Inspections engine to perform the actions, and that the Federal Aviation Administration (g) Thereafter, perform a visual inspection the average labor rate is $65 per work- amends 14 CFR part 39 as follows: of the splines of the coupling shaft assembly hour. There are no required parts. Based and the HP pump drive gear shaft for wear on these figures, we estimate the total PART 39—AIRWORTHINESS DIRECTIVES every time you remove or install the HMU. cost of the AD to U.S. operators to be Use 2.A. through 2.C.(2) of the Instructions $6,955. I 1. The authority citation for part 39 to be Incorporated of Turbomeca MSB No. Authority for This Rulemaking continues to read as follows: 292 73 2812, Update No. 2, dated June 28, Authority: 49 U.S.C. 106(g), 40113, 44701. 2005. Replace the HMU and coupling shaft Title 49 of the United States Code assembly if worn beyond limits. specifies the FAA’s authority to issue § 39.13 [Amended] Alternative Methods of Compliance rules on aviation safety. Subtitle I, I 2. The FAA amends § 39.13 by adding section 106, describes the authority of the following new airworthiness (h) The Manager, Engine Certification the FAA Administrator. Subtitle VII, directive: Office, has the authority to approve Aviation Programs, describes in more alternative methods of compliance for this detail the scope of the Agency’s 2006–21–10 Turbomeca: Amendment 39– AD if requested using the procedures found 14795. Docket No. FAA–2005–23809; authority. in 14 CFR 39.19. Directorate Identifier 2005–NE–52–AD. We are issuing this rulemaking under Related Information the authority described in subtitle VII, Effective Date part A, subpart III, section 44701, (a) This airworthiness directive (AD) (i) DGAC airworthiness directive F–2005– ‘‘General requirements.’’ Under that becomes effective November 24, 2006. 188, dated November 23, 2005, also addresses the subject of this AD. section, Congress charges the FAA with Affected ADs promoting safe flight of civil aircraft in (b) None. Material Incorporated by Reference air commerce by prescribing regulations (j) You must use Turbomeca Mandatory Applicability for practices, methods, and procedures Service Bulletin No. 292 73 2812, Update No. the Administrator finds necessary for (c) This AD applies to Turbomeca Arriel 2, dated June 28, 2005, to perform the visual 2B, 2B1, and 2B1A turboshaft engines. These safety in air commerce. This regulation inspections required by this AD. The Director engines are installed on, but not limited to, is within the scope of that authority of the Federal Register approved the because it addresses an unsafe condition Eurocopter AS350B3 and EC130B4 helicopters. incorporation by reference of this service that is likely to exist or develop on bulletin in accordance with 5 U.S.C. 552(a) products identified in this rulemaking Unsafe Condition and 1 CFR part 51. Contact Turbomeca, action. (d) This AD results from reports of 40220 Tarnos—France; Tel (33) 05 59 74 40 Regulatory Findings uncommanded in-flight shutdowns of 00; Telex 570 042; Fax (33) 05 59 74 45 15, engines. We are issuing this AD to detect for a copy of this service information. You We have determined that this AD will wear on the splines of the high-pressure (HP) may review copies at the FAA, New England pump drive gear shaft and the coupling shaft not have federalism implications under Region, Office of the Regional Counsel, 12 assembly, which could interrupt the fuel Executive Order 13132. This AD will New England Executive Park, Burlington, not have a substantial direct effect on flow and cause an uncommanded in-flight shutdown of the engine on a single-engine MA; or at the National Archives and Records the States, on the relationship between helicopter. The in-flight shutdown of the Administration (NARA). For information on the national government and the States, engine could result in a forced autorotation the availability of this material at NARA, call or on the distribution of power and landing or accident. 202–741–6030, or go to: http:// responsibilities among the various Compliance www.archives.gov/federal-register/cfr/ibr- levels of government. locations.html. For the reasons discussed above, I (e) You are responsible for having the actions required by this AD performed within Issued in Burlington, Massachusetts, on certify that this AD: the compliance times specified unless the October 12, 2006. (1) Is not a ‘‘significant regulatory actions have already been done. Thomas A. Boudreau, action’’ under Executive Order 12866; (2) Is not a ‘‘significant rule’’ under Initial Visual Inspection Acting Manager, Engine and Propeller DOT Regulatory Policies and Procedures (f) Perform an initial visual inspection of Directorate, Aircraft Certification Service. (44 FR 11034, February 26, 1979); and the splines of the coupling assembly and the [FR Doc. E6–17326 Filed 10–18–06; 8:45 am] HP pump drive gear shaft for wear. Use 2.A. BILLING CODE 4910–13–P (3) Will not have a significant through 2.C.(2) of the Instructions to be economic impact, positive or negative, Incorporated of Turbomeca Mandatory on a substantial number of small entities Service Bulletin (MSB) No. 292 73 2812, under the criteria of the Regulatory Update No. 2, dated June 28, 2005, as Flexibility Act. follows:

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DEPARTMENT OF TRANSPORTATION • Mail: Docket Management Facility, AD/GAF–N22/69, Amendment 5, issued U.S. Department of Transportation, 400 September 14, 2006, effective on Federal Aviation Administration Seventh Street, SW., Nassif Building, October 26, 2006. That AD clarifies that Room PL–401, Washington, DC 20590– N22 series and Model N24S airplanes 14 CFR Part 39 0001. with float/amphibian configuration are • Fax: (202) 493–2251. included in the Applicability section of [Docket No. FAA–2006–25928; Directorate • Identifier 2006–CE–53–AD; Amendment 39– Hand Delivery: Room PL–401 on their AD. 14797; AD 2006–21–12] the plaza level of the Nassif Building, Upon reviewing Amendment 5 of the 400 Seventh Street, SW., Washington, CASA AD to ensure N22 series and RIN 2120–AA64 DC, between 9 a.m. and 5 p.m., Monday Model N24S airplanes with float/ Airworthiness Directives; AeroSpace through Friday, except Federal holidays. amphibian configuration were included To get the service information Technologies of Australia Pty Ltd. in the Applicability section of AD 2003– identified in this AD, contact Nomad Models N22B, N22S, and N24A 22–13, we realized that we Operations, Aerospace Support Airplanes inadvertently omitted Model N22S Division, Boeing Australia, PO Box 767, airplanes from the Applicability section. AGENCY: Federal Aviation Brisbane, QLD 4000 Australia; Models N22B and N24A airplanes Administration (FAA), DOT. telephone 61 7 3306 3366; fax 61 7 3306 with float/amphibian configuration ACTION: Final rule; request for comments 3111. were affected by AD 2003–22–13 To view the comments to this AD, go because we included all serial numbers SUMMARY: The FAA is adopting a new to http://dms.dot.gov. The docket in the Applicability section. airworthiness directive (AD) to number is FAA–2006–25928; This condition, if not corrected, could supersede AD 2003–22–13, which Directorate Identifier 2006–CE–53–AD. result in aileron failure. Such failure applies to all AeroSpace Technologies FOR FURTHER INFORMATION CONTACT: could lead to reduced or loss of control of Australia Pty Ltd. (ASTA) Models Doug Rudolph, Aerospace Engineer, of the airplane. N22B and N24A airplanes. AD 2003– FAA, Small Airplane Directorate, 901 Relevant Service Information 22–13 currently requires you to visually Locust, Room 301, Kansas City, inspect the ailerons for damage and Missouri 64106; telephone: (816) 329– We reviewed Nomad Alert Service replace if necessary; adjust the engine 4059; fax: (816) 329–4090. Bulletin ANMD–57–18, Rev 1, dated August 14, 2006. The service power levers aural warning SUPPLEMENTARY INFORMATION: microswitches; set flap extension and information describes procedures for: flap down operation limitations; and Discussion —Adjusting the engine power levers fabricate and install cockpit flap The Civil Aviation Safety Authority aural warning microswitches; extension and flap down operation (CASA), which is the airworthiness —Setting flap extension and flap down restriction placards. This AD results authority for Australia, reported several operation limitations; and —Fabricating and installing cockpit flap from mandatory continuing incidents of ailerons incurring damage extension and flap down operation airworthiness information (MCAI) during flight. Extensive tests and restriction placards. issued by the airworthiness authority for analysis revealed the cause of the Australia. The FAA inadvertently damage to the ailerons resulted from FAA’s Determination and Requirements omitted Model N22S airplanes from the operation outside approved limits and of This AD applicability of AD 2003–22–13. undetected pre-existing damage. These ASTA Models N22B, N22S, and Therefore, this AD retains the actions The CASA lowered the operational N24A airplanes are manufactured in exactly as required in AD 2003–22–13 limits of the affected airplanes in order Australia and are type-certificated for and adds Model N22S airplanes to the to prevent damage from occurring. operation in the United States under the Applicability section. We are issuing Additional reports of aileron flutter provisions of § 21.29 of the Federal this AD to prevent failure of the aileron were received even when operating Aviation Regulations (14 CFR 21.29) due to undetected pre-existing aileron within these lower approved limits. As and the applicable bilateral damage and airplane operation outside a precautionary measure, the CASA airworthiness agreement. of the approved limits. Aileron failure further restricted flight operations by Under this bilateral airworthiness could lead to reduced or loss of control issuing Australian AD Number AD/ agreement, the CASA has kept us of the airplane. GAF–N22/69, Amendment 4, dated informed of the situation described DATES: This AD becomes effective on February 27, 2003. above. We are issuing this AD because November 8, 2006. This situation prompted us to issue we evaluated all the information and As of November 8, 2006, the Director AD 2003–22–13, Amendment 39–13361 determined the unsafe condition of the Federal Register approved the (68 FR 64270, November 13, 2003). AD described previously is likely to exist or incorporation by reference of certain 2003–22–13 currently requires the develop on other products of the same publications listed in the regulation. following on all ASTA Models N22B type design. This AD supersedes AD We must receive any comments on and N24A airplanes: 2003–22–13 with a new AD that retains this AD by November 20, 2006. —Visually inspecting the ailerons for the actions exactly as required in AD ADDRESSES: Use one of the following to damage and replacing if necessary; 2003–22–13, adds Model N22S comment on this AD: —Adjusting the engine power levers airplanes to the Applicability section, • DOT Docket Web site: Go to aural warning microswitches; and clarifies applicability to airplanes http://dms.dot.gov and follow the —Setting flap extension and flap down with float/amphibian configuration. instructions for sending your comments operation limitations; and In preparing this rule, we contacted electronically. —Fabricating and installing cockpit flap type clubs and aircraft operators to get • Government-wide rulemaking Web extension and flap down operation technical information and information site: Go to http://www.regulations.gov restriction placards. on operational and economic impacts. and follow the instructions for sending Since we issued AD 2003–22–13, the We did not receive any information your comments electronically. CASA issued Australian AD Number through these contacts. If received, we

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would have included a discussion of ‘‘General requirements.’’ Under that List of Subjects in 14 CFR Part 39 any information that may have section, Congress charges the FAA with Air transportation, Aircraft, Aviation influenced this action in the rulemaking promoting safe flight of civil aircraft in safety, Incorporation by reference, docket. air commerce by prescribing regulations Safety. for practices, methods, and procedures FAA’s Determination of the Effective the Administrator finds necessary for Adoption of the Amendment Date safety in air commerce. This regulation I Accordingly, under the authority Since an unsafe condition exists that is within the scope of that authority delegated to me by the Administrator, requires the immediate adoption of this because it addresses an unsafe condition the FAA proposes to amend 14 CFR part AD, we determined that notice and that is likely to exist or develop on 39 as follows: opportunity for public comment before products identified in this AD. issuing this AD are impracticable, and Regulatory Findings PART 39—AIRWORTHINESS that good cause exists for making this DIRECTIVES amendment effective in fewer than 30 We have determined that this AD will days. I not have federalism implications under 1. The authority citation for part 39 Comments Invited Executive Order 13132. This AD will continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. This AD is a final rule that involves not have a substantial direct effect on requirements affecting flight safety, and the States, on the relationship between § 39.13 [Amended] the national government and the States, we did not precede it by notice and an I or on the distribution of power and 2. The FAA amends § 39.13 by opportunity for public comment. We removing Airworthiness Directive (AD) invite you to send any written relevant responsibilities among the various levels of government. 2003–22–13, Amendment 39–13361 (68 data, views, or arguments regarding this FR 64270, November 13, 2003) and AD. Send your comments to an address For the reasons discussed above, I adding the following new AD: listed under the ADDRESSES section. certify that this AD: 2006–21–12 AeroSpace Technologies of Include the docket number ‘‘FAA– 1. Is not a ‘‘significant regulatory 2006–25928; Directorate Identifier Australia Pty Ltd.: Amendment 39– action’’ under Executive Order 12866; 14797; Docket No. FAA–2006–25928; 2006–CE–53–AD’’ at the beginning of Directorate Identifier 2006–CE–53–AD. your comments. We specifically invite 2. Is not a ‘‘significant rule’’ under the comments on the overall regulatory, DOT Regulatory Policies and Procedures Effective Date economic, environmental, and energy (44 FR 11034, February 26, 1979); and (a) This AD becomes effective on aspects of the AD. We will consider all 3. Will not have a significant November 8, 2006. comments received by the closing date economic impact, positive or negative, Affected ADs and may amend the AD in light of those on a substantial number of small entities (b) Supersedes AD 2003–22–13, comments. under the criteria of the Regulatory Amendment 39–13361. We will post all comments we Flexibility Act. Applicability receive, without change, to http:// We prepared a regulatory evaluation dms.dot.gov, including any personal of the estimated costs to comply with (c) This AD affects Models N22B, N22S, and N24A airplanes, all serial numbers information you provide. We will also this AD and placed it in the AD docket. post a report summarizing each including airplanes with float/amphibian substantive verbal contact we receive Examining the AD Docket configuration, that are certificated in any concerning this AD. category. You may examine the AD docket that Unsafe Condition Authority for This Rulemaking contains the AD, the regulatory (d) This AD is the result of mandatory Title 49 of the United States Code evaluation, any comments received, and continuing airworthiness information (MCAI) specifies the FAA’s authority to issue other information on the Internet at issued by the airworthiness authority for rules on aviation safety. Subtitle I, http://dms.dot.gov; or in person at the Australia. We are issuing this AD to prevent section 106 describes the authority of Docket Management Facility between 9 failure of the aileron due to undetected pre- the FAA Administrator. Subtitle VII, a.m. and 5 p.m., Monday through existing aileron damage and airplane Aviation Programs, describes in more Friday, except Federal holidays. The operation outside of the approved limits. detail the scope of the agency’s Docket Office (telephone (800) 647– Aileron failure could lead to reduced or loss of control of the airplane. authority. 5227) is located at the street address We are issuing this rulemaking under stated in the ADDRESSES section. Compliance the authority described in subtitle VII, Comments will be available in the AD (e) To address this problem, you must do part A, subpart III, section 44701, docket shortly after receipt. the following:

Actions Compliance Procedures

(1) Visually inspect the left-hand and right-hand (i) For Models N22B and N24A airplanes (air- Following the applicable maintenance manual. ailerons for damage (i.e., distortion, bending, planes previously affected by AD 2003–22– impact marks). Repair or replace any dam- 13): Inspect within the next 50 hours time- aged aileron found. in-service (TIS) after December 23, 2003 (the effective date of AD 2003–22–13), un- less already done. (ii) For Model N22S airplanes (airplanes not previously affected by AD 2003–22–13): In- spect within the next 10 hours TIS or 30 days, whichever occurs first, after the effec- tive date of this AD, unless already done.

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Actions Compliance Procedures

(iii) For all affected airplanes: Repair or re- place before further flight after the inspec- tion. (2) Adjust the engine power lever actuated (i) For Models N22B and N24A airplanes (air- Following Nomad Alert Service Bulletin landing gear ‘‘up’’ aural warning micro- planes previously affected by AD 2003–22– ANMD–57–18, Rev 1, dated August 14, switches and then perform a ground test. If 13): Within the next 50 hours TIS after De- 2006, and the applicable maintenance man- deficiencies are detected during the ground cember 23, 2003 (the effective date of AD ual. test, make the necessary adjustments. 2003–22–13), unless already done following Nomad Alert Service Bulletin ANMD–57–18, dated December 19, 2002. (ii) For Model N22S airplanes (airplanes not previously affected by AD 2003–22–13): Within the next 10 hours TIS or 30 days, whichever occurs first, after the effective date of this AD, unless already done. (3) For Model N22B airplanes: Within the next 50 hours TIS after December Following Nomad Alert Service Bulletin (i) Fabricate placards that incorporate the 23, 2003 (the effective date of AD 2003– ANMD–57–18, Rev 1, dated August 14, following words (using at least 1⁄8-inch 22–13), unless already done following 2006. To show compliance with paragraphs letters) and install these placards on the Nomad Alert Service Bulletin ANMD–57–18, (e)(3)(ii)(A) and (e)(3)(ii)(B) of this AD, a instrument panel within the pilot’s clear dated December 19, 2002. copy of this AD may be inserted into the view: Limitations section of the AFM. The owner/ (A) ‘‘RECOMMENDED APPROACH operator holding at least a private pilot cer- FLAPS 10 OR 20 DEG AT 90 tificate as authorized by section 43.7 of the KIAS’’; Federal Aviation Regulations (14 CFR 43.7) (B) ‘‘USE 10° OR 20° FLAP FOR may do the AFM insertion and the placard TAKE-OFF AND LANDING— requirements of paragraphs (e)(3)(i)(A) and WARNING—DO NOT EXCEED 20° (e)(3)(i)(B) of this AD. Make an entry into FLAP EXTENSION DURING the aircraft records showing compliance FLIGHT, LANDING GEAR UP with these portions of the AD following sec- WARNING WILL INITIATE FOR A tion 43.9 of the Federal Aviation Regula- TORQUE PRESSURE OF LESS tions (14 CFR 43.9). THAN 30 PSI’’; and (ii) Incorporate the following information into the Limitations section of the Air- plane Flight Manual (AFM): (A) Limit the maximum flap extension to 20 degrees; and (B) Limit flaps down operations for landing to 10° or 20° flap. (4) For Model N22S airplanes: Within the next 10 hours TIS or 30 days, Following Nomad Alert Service Bulletin (i) Fabricate a placard that incorporates the whichever occurs first, after the effective ANMD–57–18, Rev 1, dated August 14, following words (using at least 1⁄8-inch date of this AD, unless already done. 2006. To show compliance with paragraphs letters) and install this placard on the in- (e)(4)(ii)(A) and (e)(4)(ii)(B) of this AD, a strument panel within the pilot’s clear copy of this AD may be inserted into the view: ‘‘USE 10° FLAP FOR TAKE-OFF Limitations section of the AFM. The owner/ AND LANDING—WARNING—DO NOT operator holding at least a private pilot cer- EXCEED 10° FLAP EXTENSION DUR- tificate as authorized by section 43.7 of the ING FLIGHT, LANDING GEAR UP Federal Aviation Regulations (14 CFR 43.7) WARNING WILL INITIATE FOR A may do the AFM insertion and the placard TORQUE PRESSURE OF LESS THAN requirement of paragraph (e)(4)(i) of this 30 PSI’’; and AD. Make an entry into the aircraft records (ii) Incorporate the following information showing compliance with these portions of into the Limitations section of the AFM: the AD following section 43.9 of the Federal (A) Limit the maximum flap extension Aviation Regulations (14 CFR 43.9). to 10 degrees; and (B) Limit flaps down operations for landing to 10° flap.

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Actions Compliance Procedures

(5) For Model N24A airplanes: Within the next 50 hours TIS after December Following Nomad Alert Service Bulletin (i) Fabricate a placard that incorporates the 23, 2003 (the effective date of AD 2003– ANMD–57–18, Rev 1, dated August 14, following words (using at least 1⁄8-inch 22–13), unless already done following 2006. To show compliance with paragraphs letters) and install this placard on the in- Nomad Alert Service Bulletin ANMD–57–18, (e)(5)(ii)(A) and (e)(5)(ii)(B) of this AD, a strument panel within the pilot’s clear dated December 19, 2002. copy of this AD may be inserted into the view: ‘‘USE 10° FLAP FOR TAKE-OFF Limitations section of the AFM. The owner/ AND LANDING—WARNING—DO NOT operator holding at least a private pilot cer- EXCEED 10° FLAP EXTENSION DUR- tificate as authorized by section 43.7 of the ING FLIGHT, LANDING GEAR UP Federal Aviation Regulations (14 CFR 43.7) WARNING WILL INITIATE FOR A may do the AFM insertion and the placard TORQUE PRESSURE OF LESS THAN requirement of paragraph (e)(5)(i) of this 30 PSI’’; and AD. Make an entry into the aircraft records (ii) Incorporate the following information showing compliance with these portions of into the Limitations section of the AFM: the AD following section 43.9 of the Federal (A) Limit the maximum flap extension Aviation Regulations (14 CFR 43.9). to 10 degrees; and (B) Limit flaps down operations for landing to 10° flap.

Alternative Methods of Compliance DEPARTMENT OF TRANSPORTATION instructions for sending your comments (AMOCs) electronically. (f) The Manager, Standards Staff, FAA, Federal Aviation Administration • Government-wide rulemaking Web ATTN: Doug Rudolph, Aerospace Engineer, site: Go to http://www.regulations.gov Small Airplane Directorate, 901 Locust, 14 CFR Part 39 and follow the instructions for sending Room 301, Kansas City, Missouri 64106; your comments electronically. telephone: (816) 329–4059; fax: (816) 329– [Docket No. FAA–2006–26083; Directorate • Identifier 2006–NM–185–AD; Amendment Mail: Docket Management Facility; 4090, has the authority to approve AMOCs U.S. Department of Transportation, 400 for this AD, if requested using the procedures 39–14793; AD 2006–21–08] found in 14 CFR 39.19. Seventh Street SW., Nassif Building, RIN 2120–AA64 Room PL–401, Washington, DC 20590. (g) AMOCs approved for AD 2003–22–13 • are not approved for this AD. Fax: (202) 493–2251. Airworthiness Directives; Airbus Model • Hand Delivery: Room PL–401 on A330–200, A340–200, and A340–300 Related Information the plaza level of the Nassif Building, Airplanes (h) This AD relates to Australian AD/GAF– 400 Seventh Street SW., Washington, N22/69, Amendment 5, dated September 14, AGENCY: Federal Aviation DC, between 9 a.m. and 5 p.m., Monday 2006, which references Nomad Alert Service Administration (FAA), Department of through Friday, except Federal holidays. Bulletin ANMD–57–18, Rev 1, dated August Contact Airbus, 1 Rond Point Maurice 14, 2006. Transportation (DOT). ACTION: Final rule; request for Bellonte, 31707 Blagnac Cedex, France, Material Incorporated by Reference comments. for service information identified in this (i) You must use Nomad Alert Service AD. Bulletin ANMD–57–18, Rev 1, dated August SUMMARY: The FAA is adopting a new FOR FURTHER INFORMATION CONTACT: Tim 14, 2006, to do the actions required by this airworthiness directive (AD) for certain Backman, Aerospace Engineer, AD, unless the AD specifies otherwise. Airbus Model A330–200, A340–200, International Branch, ANM–116, FAA, (1) The Director of the Federal Register and A340–300 airplanes. This AD Transport Airplane Directorate, 1601 approved the incorporation by reference of requires the installation of heatshields Lind Avenue, SW., Renton, Washington this service information under 5 U.S.C. in the belly fairing of the center 552(a) and 1 CFR part 51. 98057–3356; telephone (425) 227–2797; (2) For service information identified in fuselage. This AD results from fuel fax (425) 227–1149. this AD, contact Nomad Operations, system reviews conducted by the SUPPLEMENTARY INFORMATION: Aerospace Support Division, Boeing manufacturer. We are issuing this AD to Australia, PO Box 767, Brisbane, QLD 4000 prevent exposing any fuel leaked from Discussion Australia; telephone 61 7 3306 3366; fax 61 the center fuel tank to the hot The FAA has examined the 7 3306 3111. temperature areas of the air underlying safety issues involved in fuel (3) You may review copies at the FAA, conditioning packs, which could result tank explosions on several large Central Region, Office of the Regional in a fire and consequent fuel tank Counsel, 901 Locust, Kansas City, Missouri transport airplanes, including the 64106; or at the National Archives and explosion. adequacy of existing regulations, the Records Administration (NARA). For DATES: This AD becomes effective service history of airplanes subject to information on the availability of this November 3, 2006. those regulations, and existing material at NARA, call 202–741–6030, or go The Director of the Federal Register maintenance practices for fuel tank to: http://www.archives.gov/federal_register/ _ _ _ approved the incorporation by reference systems. As a result of those findings, code of federal regulations/ of certain publications listed in the AD we issued a regulation titled ‘‘Transport ibr_locations.html. as of November 3, 2006. Airplane Fuel Tank System Design Issued in Kansas City, Missouri, on We must receive comments on this Review, Flammability Reduction and October 13, 2006. AD by December 18, 2006. Maintenance and Inspection James E. Jackson, ADDRESSES: Use one of the following Requirements’’ (66 FR 23086, May 7, Acting Manager, Small Airplane Directorate, addresses to submit comments on this 2001). In addition to new airworthiness Aircraft Certification Service. AD. standards for transport airplanes and [FR Doc. E6–17425 Filed 10–18–06; 8:45 am] • DOT Docket Web site: Go to new maintenance requirements, this BILLING CODE 4910–13–P http://dms.dot.gov and follow the rule included Special Federal Aviation

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Regulation No. 88 (‘‘SFAR 88,’’ in fuel tank explosions and consequent above. We have examined the EASA’s Amendment 21–78, and subsequent loss of the airplane. findings, evaluated all pertinent Amendments 21–82 and 21–83). The European Aviation Safety Agency information, and determined that we Among other actions, SFAR 88 (EASA), which is the airworthiness need to issue an AD for products of this requires certain type design (i.e., type authority for the European Union, type design that are certificated for certificate (TC) and supplemental type notified us that an unsafe condition may operation in the United States. certificate (STC)) holders to substantiate exist on certain Airbus Model A330– Therefore, we are issuing this AD to that their fuel tank systems can prevent 200, A340–200, and A340–300 prevent exposing any fuel leaked from ignition sources in the fuel tanks. This airplanes. The EASA advises that there the center fuel tank to the hot requirement applies to type design could be temperatures in excess of 200 temperature areas of the air holders for large turbine-powered degrees Celsius on surfaces in the belly conditioning packs, which could result transport airplanes and for subsequent fairing of the center fuselage. Therefore, in a fire and consequent fuel tank modifications to those airplanes. It any fuel leaked from the center fuel tank explosion. This AD requires requires them to perform design reviews would be exposed to the hot accomplishing the actions specified in and to develop design changes and temperature areas of the air the service information described maintenance procedures if their designs conditioning packs. This condition, if previously, except as discussed in do not meet the new fuel tank safety not corrected, could result in a fire and ‘‘Difference Between EASA standards. As explained in the preamble consequent fuel tank explosion. Airworthiness Directive and This AD.’’ to the rule, we intended to adopt Relevant Service Information airworthiness directives to mandate any Difference Between EASA changes found necessary to address Airbus has issued Service Bulletins Airworthiness Directive and This AD unsafe conditions identified as a result A330–21–3096 and A340–21–4107, both The applicability of EASA of these reviews. Revision 01, both dated October 10, airworthiness directive 2006–0191 In evaluating these design reviews, we 2005. The service bulletins describe excludes airplanes on which Airbus have established four criteria intended procedures for the installation of Service Bulletin A330–21–3096, to define the unsafe conditions heatshields in the belly fairing of the Revision 01; or Airbus Service Bulletin associated with fuel tank systems that center fuselage. The installation A340–21–4107, Revision 01; have been require corrective actions. The includes the following actions: • accomplished in service. However, we percentage of operating time during Replacing existing heatshields with have not excluded those airplanes in the which fuel tanks are exposed to new heatshields fitted with edges and applicability of this AD; rather, this AD flammable conditions is one of these draining tapping. • Adding draining systems. includes a requirement to accomplish criteria. The other three criteria address • Adding two heatshields. the actions specified in Revision 01 of the failure types under evaluation: • Adding two tight insulation sleeves those service bulletins, as applicable. Single failures, single failures in on the ozone reducer and on the trim This requirement would ensure that the combination with a latent condition(s), pipe. actions specified in the service bulletins and in-service failure experience. For all • Replacing and adding brackets. and required by this AD are four criteria, the evaluations included • Modifying a heatshield panel. accomplished on all affected airplanes. consideration of previous actions taken The EASA mandated the service Operators must continue to operate the that may mitigate the need for further information and issued airworthiness airplane in the configuration required action. directive 2006–0191, dated July 10, by this AD unless an alternative method The Joint Aviation Authorities (JAA) 2006, to ensure the continued of compliance is approved. has issued a regulation that is similar to airworthiness of these airplanes in the SFAR 88. (The JAA is an associated European Union. Costs of Compliance body of the European Civil Aviation Conference (ECAC) representing the FAA’s Determination and Requirements None of the airplanes affected by this civil aviation regulatory authorities of a of this AD action are on the U.S. Register. All number of European States who have These airplane models are airplanes affected by this AD are agreed to co-operate in developing and manufactured in France and are type currently operated by non-U.S. implementing common safety regulatory certificated for operation in the United operators under foreign registry; standards and procedures.) Under this States under the provisions of section therefore, they are not directly affected regulation, the JAA stated that all 21.29 of the Federal Aviation by this AD action. However, we members of the ECAC that hold type Regulations (14 CFR 21.29) and the consider this AD necessary to ensure certificates for transport category applicable bilateral airworthiness that the unsafe condition is addressed if airplanes are required to conduct a agreement. As described in FAA Order any affected airplane is imported and design review against explosion risks. 8100.14A, ‘‘Interim Procedures for placed on the U.S. Register in the future. We have determined that the actions Working with the European Community The following table provides the identified in this AD are necessary to on Airworthiness Certification and estimated costs to comply with this AD reduce the potential of ignition sources Continued Airworthiness,’’ dated for any affected airplane that might be inside fuel tanks, which, in combination August 12, 2005, the EASA has kept the imported and placed on the U.S. with flammable fuel vapors, could result FAA informed of the situation described Register in the future.

ESTIMATED COSTS

Average labor Cost per Action Work hours rate per hour Parts cost airplane

Installation ...... 65 $80 $17,290 $22,490

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FAA’s Determination of the Effective detail the scope of the Agency’s 2006–21–08 Airbus: Amendment 39–14793. Date authority. Docket No. FAA–2006–26083; Directorate Identifier 2006–NM–185–AD. No airplane affected by this AD is We are issuing this rulemaking under currently on the U.S. Register. the authority described in subtitle VII, Effective Date Therefore, providing notice and part A, subpart III, section 44701, (a) This AD becomes effective November 3, opportunity for public comment is ‘‘General requirements.’’ Under that 2006. section, Congress charges the FAA with unnecessary before this AD is issued, Affected ADs and this AD may be made effective in promoting safe flight of civil aircraft in (b) None. less than 30 days after it is published in air commerce by prescribing regulations the Federal Register. for practices, methods, and procedures Applicability the Administrator finds necessary for Comments Invited (c) This AD applies to Airbus Model A330– safety in air commerce. This regulation 200, A340–200, and A340–300 airplanes, This AD is a final rule that involves is within the scope of that authority certificated in any category; except airplanes requirements that affect flight safety and because it addresses an unsafe condition on which Airbus Modification 49520 has was not preceded by notice and an that is likely to exist or develop on been done in production. opportunity for public comment; products identified in this rulemaking Unsafe Condition however, we invite you to submit any action. (d) This AD results from fuel system relevant written data, views, or Regulatory Findings reviews conducted by the manufacturer. We arguments regarding this AD. Send your are issuing this AD to prevent exposing any comments to an address listed in the We have determined that this AD will fuel leaked from the center fuel tank to the ADDRESSES section. Include ‘‘Docket No. not have federalism implications under hot temperature areas of the air conditioning FAA–2006–26083; Directorate Identifier Executive Order 13132. This AD will packs, which could result in a fire and 2006–NM–185–AD’’ at the beginning of not have a substantial direct effect on consequent fuel tank explosion. your comments. We specifically invite the States, on the relationship between Compliance comments on the overall regulatory, the national government and the States, or on the distribution of power and (e) You are responsible for having the economic, environmental, and energy actions required by this AD performed within aspects of the AD that might suggest a responsibilities among the various the compliance times specified, unless the need to modify it. levels of government. actions have already been done. We will post all comments we For the reasons discussed above, I receive, without change, to http:// certify that the regulation: Installation of Heatshields dms.dot.gov, including any personal 1. Is not a ‘‘significant regulatory (f) Within 27 months after the effective information you provide. We will also action’’ under Executive Order 12866; date of this AD, install heatshields in the post a report summarizing each 2. Is not a ‘‘significant rule’’ under the belly fairing of the center fuselage in substantive verbal contact with FAA DOT Regulatory Policies and Procedures accordance with the Accomplishment personnel concerning this AD. Using the (44 FR 11034, February 26, 1979); and Instructions of Airbus Service Bulletin A330– 21–3096, Revision 01, dated October 10, 2005 search function of that Web site, anyone 3. Will not have a significant economic impact, positive or negative, (for Model A330–200 airplanes); or Airbus can find and read the comments in any Service Bulletin A340–21–4107, Revision 01, of our dockets, including the name of on a substantial number of small entities dated October 10, 2005 (for Model A340–200 the individual who sent the comment under the criteria of the Regulatory and A340–300 airplanes); as applicable. (or signed the comment on behalf of an Flexibility Act. We prepared a regulatory evaluation Alternative Methods of Compliance association, business, labor union, etc.). (AMOCs) You may review the DOT’s complete of the estimated costs to comply with Privacy Act Statement in the Federal this AD and placed it in the AD docket. (g)(1) The Manager, International Branch, Register published on April 11, 2000 See the ADDRESSES section for a location ANM–116, Transport Airplane Directorate, to examine the regulatory evaluation. FAA, has the authority to approve AMOCs (65 FR 19477–78), or you may visit for this AD, if requested in accordance with http://dms.dot.gov. List of Subjects in 14 CFR Part 39 the procedures found in 14 CFR 39.19. Examining the Docket (2) Before using any AMOC approved in Air transportation, Aircraft, Aviation accordance with § 39.19 on any airplane to You may examine the AD docket on safety, Incorporation by reference, which the AMOC applies, notify the the Internet at http://dms.dot.gov, or in Safety. appropriate principal inspector in the FAA person at the Docket Management Adoption of the Amendment Flight Standards Certificate Holding District Facility office between 9 a.m. and 5 Office. I p.m., Monday through Friday, except Accordingly, under the authority Related Information Federal holidays. The Docket delegated to me by the Administrator, (h) European Aviation Safety Agency Management Facility office (telephone the FAA amends 14 CFR part 39 as (EASA) airworthiness directive 2006–0191, (800) 647–5227) is located on the plaza follows: dated July 10, 2006, also addresses the level of the Nassif Building at the DOT subject of this AD. street address stated in the ADDRESSES PART 39—AIRWORTHINESS section. Comments will be available in DIRECTIVES Material Incorporated by Reference the AD docket shortly after the Docket (i) You must use Airbus Service Bulletin I 1. The authority citation for part 39 Management System receives them. A330–21–3096, Revision 01, dated October continues to read as follows: 10, 2005; or Airbus Service Bulletin A340– Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. 21–4107, Revision 01, dated October 10, Title 49 of the United States Code 2005; as applicable, to perform the actions § 39.13 [Amended] that are required by this AD, unless the AD specifies the FAA’s authority to issue specifies otherwise. The Director of the I rules on aviation safety. Subtitle I, 2. The Federal Aviation Federal Register approved the incorporation section 106, describes the authority of Administration (FAA) amends § 39.13 by reference of these documents in the FAA Administrator. Subtitle VII, by adding the following new accordance with 5 U.S.C. 552(a) and 1 CFR Aviation Programs, describes in more airworthiness directive (AD): part 51. Contact Airbus, 1 Rond Point

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Maurice Bellonte, 31707 Blagnac Cedex, ADDRESSES: Use one of the following describes procedures for performing France, for a copy of this service information. addresses to comment on this AD: repetitive borescope inspections of all You may review copies at the Docket • DOT Docket Web site: Go to other affected pipes and visual Management Facility, U.S. Department of http://dms.dot.gov and follow the inspections of the oil filter. EASA Transportation, 400 Seventh Street, SW., Room PL–401, Nassif Building, Washington, instructions for sending your comments classified this service bulletin as electronically. mandatory and issued AD 2006–0240–E DC; on the Internet at http://dms.dot.gov; or • at the National Archives and Records Government-wide rulemaking Web in order to ensure the airworthiness of Administration (NARA). For information on site: Go to http://www.regulations.gov these Turbomeca Turmo IV A and IV C the availability of this material at the NARA, and follow the instructions for sending series turboshaft engines in Europe. call (202) 741–6030, or go to http:// your comments electronically. Bilateral Airworthiness Agreement www.archives.gov/federal_register/ • Mail: Docket Management Facility; code_of_federal_regulations/ U.S. Department of Transportation, 400 These Turbomeca Turmo IV A and IV _ ibr locations.html. Seventh Street, SW., Nassif Building, C series turboshaft engines are Issued in Renton, Washington, on October Room PL–401, Washington, DC 20590– manufactured in France and are type 10, 2006. 0001. certificated for operation in the United Kalene C. Yanamura, • Fax: (202) 493–2251. States under the provisions of section Acting Manager, Transport Airplane • Hand Delivery: Room PL–401 on 21.29 of the Federal Aviation Directorate, Aircraft Certification Service. the plaza level of the Nassif Building, Regulations (14 CFR 21.29) and the [FR Doc. E6–17426 Filed 10–18–06; 8:45 am] 400 Seventh Street, SW., Washington, applicable bilateral airworthiness BILLING CODE 4910–13–P DC, between 9 a.m. and 5 p.m., Monday agreement. Under this bilateral through Friday, except Federal holidays. airworthiness agreement, EASA kept the Contact Turbomeca, 40220 Tarnos, FAA informed of the situation described DEPARTMENT OF TRANSPORTATION France; telephone 33 05 59 74 40 00, fax above. We have examined the findings 33 05 59 74 45 15 for the service of EASA, reviewed all available Federal Aviation Administration information identified in this AD. information, and determined that AD FOR FURTHER INFORMATION CONTACT: action is necessary for products of this 14 CFR Part 39 Christopher Spinney, Aerospace type design that are certificated for [Docket No. FAA–2006–25730; Directorate Engineer, Engine Certification Office, operation in the United States. Identifier 2006–NE–31–AD; Amendment 39– FAA, Engine and Propeller Directorate, FAA’s Determination and Requirements 14796; AD 2006–21–11] 12 New England Executive Park, of This AD Burlington, MA 01803; telephone (781) RIN 2120–AA64 238–7175; fax (781) 238–7199. The unsafe condition described previously is likely to exist or develop Airworthiness Directives; Turbomeca SUPPLEMENTARY INFORMATION: The on other Turbomeca Turmo IV A and IV Turmo IV A and IV C Series Turboshaft European Aviation Safety Agency C series turboshaft engines of the same Engines (EASA), which is the airworthiness type design. We are issuing this AD to authority for the European Community, AGENCY: Federal Aviation prevent dual-engine failure on a twin- recently notified us that an unsafe engine helicopter. This AD requires Administration (FAA), Department of condition may exist on certain Transportation (DOT). identifying affected flexible lubrication Turbomeca Turmo IV A and IV C series pipes by their curing batch number, and ACTION: Final rule; request for turboshaft engines. EASA advises that 7 replacing the affected pipe before comments. reports were received of oil leakage due further flight, on one engine if both to the deterioration of flexible engines on the same helicopter each SUMMARY: The FAA is adopting a new lubrication pipes, part number (P/N) 0 airworthiness directive (AD) for have an affected pipe. This AD also 249 92 813 0, installed on Turbomeca requires initial and repetitive borescope Turbomeca Turmo IV A and IV C series Turmo III C4 (military version) turboshaft engines. This AD requires inspections of flexible lubrication pipes turboshaft engines. Turbomeca is still and visual inspections of the oil filter, identifying, inspecting and replacing investigating the cause of the flexible lubrication pipes manufactured on engines that do not have the affected deterioration, but links a manufacturing pipe replaced before further flight. after April 1, 2003. If both engines on process change, applied by the pipe the same helicopter each have an manufacturer, in 2003. The same FAA’s Determination of the Effective affected pipe, then this AD requires process was used to manufacture Date replacing one of the affected pipes flexible lubrication pipes, P/N 0 249 92 Since an unsafe condition exists that before further flight. This AD also 916 0. Either P/N pipe could be requires the immediate adoption of this requires initial and repetitive borescope installed on Turmo IV A and IV C series AD, we have found that notice and inspections of affected pipes, visual turboshaft engines. opportunity for public comment before inspections for oil leakage, and visual issuing this AD are impracticable, and inspections of the oil filter, on engines Relevant Service Information that good cause exists for making this that are not required to have an affected We have reviewed and approved the amendment effective in less than 30 pipe replaced before further flight by technical contents of Turbomeca Alert days. this AD. This AD results from 7 reports Mandatory Service Bulletin (MSB) No. of oil leakage due to the deterioration of A249 72 0802, Update No. 1, dated Interim Action flexible lubrication pipes manufactured August 3, 2006. That Alert MSB These actions are interim actions and after April 1, 2003. We are issuing this describes procedures for identifying we may take further rulemaking actions AD to prevent dual-engine failure on a affected flexible lubrication pipes by in the future. twin-engine helicopter. their curing batch number, and DATES: Effective November 3, 2006. replacing one of the affected pipes on a Comments Invited We must receive any comments on twin-engine helicopter to prevent dual- This AD is a final rule that involves this AD by December 18, 2006. engine failure. That Alert MSB also requirements affecting flight safety and

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was not preceded by notice and an because it addresses an unsafe condition 0 249 92 813 0 or P/N 0 249 92 916 0, opportunity for public comment; that is likely to exist or develop on installed. These engines are installed on but however, we invite you to send us any products identified in this rulemaking not limited to, Aerospatiale SA 330—PUMA written relevant data, views, or action. helicopters. arguments regarding this AD. Send your Regulatory Findings Unsafe Condition comments to an address listed under (d) This AD results from 7 reports of oil ADDRESSES. Include ‘‘AD Docket No. We have determined that this AD will leakage due to the deterioration of certain FAA–2006–25730; Directorate Identifier not have federalism implications under flexible lubrication pipes, part number (P/N) 2006–NE–31–AD’’ in the subject line of Executive Order 13132. This AD will 0 249 92 813 0. We are issuing this AD to your comments. We specifically invite not have a substantial direct effect on prevent dual-engine failure on a twin-engine comments on the overall regulatory, the States, on the relationship between helicopter. economic, environmental, and energy the national Government and the States, aspects of the rule that might suggest a or on the distribution of power and Compliance need to modify it. responsibilities among the various (e) You are responsible for having the We will post all comments we levels of government. actions required by this AD performed within receive, without change, to http:// For the reasons discussed above, I the compliance times specified unless the dms.dot.gov, including any personal certify that the regulation: actions have already been done. Initial Actions information you provide. We will also 1. Is not a ‘‘significant regulatory post a report summarizing each (f) Before further flight: action’’ under Executive Order 12866; (1) Identify the curing batch of the flexible substantive verbal contact with FAA 2. Is not a ‘‘significant rule’’ under the lubrication pipes. personnel concerning this AD. Using the DOT Regulatory Policies and Procedures (2) If the two engines installed on the same search function of the DMS Web site, (44 FR 11034, February 26, 1979); and helicopter have pipes with a curing batch of anyone can find and read the comments 3. Will not have a significant ‘‘2T03’’ (meaning 2nd quarter of 2003) or in any of our dockets, including the economic impact, positive or negative, subsequent batch, replace one of the pipes name of the individual who sent the on a substantial number of small entities with a pipe having a curing batch before comment (or signed the comment on under the criteria of the Regulatory batch ‘‘2T03’’. behalf of an association, business, labor Flexibility Act. (3) On the other engine, or on a helicopter union, etc.). You may review the DOT’s We prepared a summary of the costs that has only one engine affected by this AD, complete Privacy Act Statement in the to comply with this AD and placed it in borescope-inspect the pipe for deterioration, Federal Register published on April 11, the AD Docket. You may get a copy of visually inspect for oil leakage, and visually inspect the oil filter for black particle 2000 (65 FR 19477–78) or you may visit this summary by sending a request to us http://dms.dot.gov. deterioration from the pipe. Replace the pipe at the address listed under ADDRESSES. if deterioration or leakage is found, with a Examining the AD Docket List of Subjects in 14 CFR Part 39 pipe having a curing batch before batch ‘‘2T03’’. You may examine the docket that Air transportation, Aircraft, Aviation contains the AD, any comments safety, Safety. Repetitive Actions received, and any final disposition in (g) Within every additional 25 operating person at the Docket Management Adoption of the Amendment hours, on engines still having an affected Facility Docket Office between 9 a.m. I Under the authority delegated to me flexible lubrication pipe, borescope-inspect and 5 p.m., Monday through Friday, by the Administrator, the Federal the pipe for deterioration, visually inspect except Federal holidays. The Docket Aviation Administration amends part 39 pipe for oil leakage, and visually inspect the Office (telephone (800) 647–5227) is of the Federal Aviation Regulations (14 oil filter for black particle deterioration from the pipe. Replace the pipe if deterioration or located on the plaza level of the CFR part 39) as follows: Department of Transportation Nassif leakage is found, with a pipe having a curing Building at the street address stated in PART 39—AIRWORTHINESS batch before batch ‘‘2T03’’. (h) Information on performing the initial ADDRESSES. Comments will be available DIRECTIVES in the AD docket shortly after the DMS and repetitive actions in this AD can be receives them. I 1. The authority citation for part 39 found in Turbomeca Alert Mandatory Service continues to read as follows: Bulletin No. A249 72 0802, Update No. 1, Authority for This Rulemaking dated August 3, 2006. Authority: 49 U.S.C. 106(g), 40113, 44701. Title 49 of the United States Code Alternative Methods of Compliance specifies the FAA’s authority to issue § 39.13 [Amended] (i) The Manager, Engine Certification rules on aviation safety. Subtitle I, I 2. The FAA amends § 39.13 by adding Office, has the authority to approve Section 106, describes the authority of the following new airworthiness alternative methods of compliance for this the FAA Administrator. Subtitle VII, directive: AD if requested using the procedures found Aviation Programs, describes in more in 14 CFR 39.19. detail the scope of the Agency’s 2006–21–11 Turbomeca: Amendment 39– 14796. Docket No. FAA–2006–25730; Related Information authority. Directorate Identifier 2006–NE–31–AD. We are issuing this rulemaking under (j) European Aviation Safety Agency the authority described in Subtitle VII, Effective Date airworthiness directive No. 2006–0240–E, dated August 11, 2006, also addresses the Part A, Subpart III, Section 44701, (a) This airworthiness directive (AD) subject of this AD. ‘‘General requirements.’’ Under that becomes effective November 3, 2006. Issued in Burlington, Massachusetts, on section, Congress charges the FAA with Affected ADs promoting safe flight of civil aircraft in October 12, 2006. air commerce by prescribing regulations (b) None. Thomas A. Boudreau, for practices, methods, and procedures Applicability Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. the Administrator finds necessary for (c) This AD applies to Turbomeca Turmo safety in air commerce. This regulation IV A and IV C series turboshaft engines with [FR Doc. E6–17328 Filed 10–18–06; 8:45 am] is within the scope of that authority flexible lubrication pipes, part number (P/N) BILLING CODE 4910–13–P

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DEPARTMENT OF TRANSPORTATION • Mail: Docket Management Facility; with new or serviceable TRs, and U.S. Department of Transportation, 400 marking the service bulletin number on Federal Aviation Administration Seventh Street SW., Nassif Building, the identification plate of the torque Room PL–401, Washington, DC 20590. box. Accomplishing the actions 14 CFR Part 39 • Fax: (202) 493–2251. specified in the service information is • [Docket No. FAA–2006–26085; Directorate Hand Delivery: Room PL–401 on intended to adequately address the Identifier 2006–NM–142–AD; Amendment the plaza level of the Nassif Building, unsafe condition. 39–14794; AD 2006–21–09] 400 Seventh Street SW., Washington, The Boeing service bulletin refers to DC, between 9 a.m. and 5 p.m., Monday Spirit AeroSystems Document MAA7– RIN 2120–AA64 through Friday, except Federal holidays. 70023–1, dated November 22, 2005, as Airworthiness Directives; Boeing Contact Boeing Commercial an additional source of service Model 777–200 Series Airplanes Airplanes, P.O. Box 3707, Seattle, information for accomplishing the Equipped with General Electric GE90– Washington 98124–2207, for the service corrective actions. 94B Engines information identified in this AD. FAA’s Determination and Requirements FOR FURTHER INFORMATION CONTACT: Gary of This AD AGENCY: Federal Aviation Oltman, Aerospace Engineer, Airframe The unsafe condition described Administration (FAA), Department of Branch, ANM–120S, Seattle Aircraft previously is likely to exist or develop Transportation (DOT). Certification Office, FAA, 1601 Lind on other airplanes of the same type ACTION: Final rule; request for Avenue, SW., Renton, Washington design that may be registered in the U.S. comments. 98057–3356; telephone (425) 917–6443; at some time in the future. Therefore, fax (425) 917–6590. SUMMARY: The FAA is adopting a new we are issuing this AD to prevent failure SUPPLEMENTARY INFORMATION: airworthiness directive (AD) for certain of a TR and adjacent components and Boeing Model 777–200 series airplanes Discussion their consequent separation from the airplane during flight or during a RTO. equipped with General Electric GE90– We have received a report indicating 94B engines. This AD requires These separated components could that engine certification testing on cause structural damage to the airplane inspecting to determine the part number certain Boeing Model 777–200 series of the identification plate of the torque or damage to other airplanes and airplanes with General Electric GE90 possible injury to people on the ground. box on the thrust reversers (TRs), and engines revealed that certain thrust investigative and corrective actions if TR failure during a RTO could also reversers (TRs) have inner walls that cause the engine to produce forward necessary. This AD results from engine could develop disbonding in the upper certification testing which revealed that thrust, resulting in asymmetric thrust bifurcation radii. Disbonding and and possible runway excursion. This TRs on GE90–94B engines have inner structural degradation was found in an walls that could develop disbonding in AD requires accomplishing the actions equivalent inner wall used during the specified in the Boeing service the upper bifurcation radii. Disbonding testing. Investigation revealed that the was found in an equivalent inner wall information described previously, disbonding was caused by a flight except as discussed under ‘‘Difference used during the testing. We are issuing maneuver that applied too much stress this AD to prevent failure of a TR and Between the AD and the Service in the upper bifurcation radii composite Information.’’ adjacent components and their materials. This condition, if not consequent separation from the airplane corrected, could result in failure of a TR Difference Between the AD and the during flight or during a refused takeoff and adjacent components and their Service Information (RTO). These separated components consequent separation from the airplane could cause structural damage to the You should note that, although during flight or during a refused takeoff Boeing Alert Service Bulletin 777– airplane or damage to other airplanes (RTO). These separated components and possible injury to people on the 78A0056 specifies that you may contact could cause structural damage to the the manufacturer for repair instructions, ground. TR failure during a RTO could airplane or damage to other airplanes also cause the engine to produce this AD requires you to repair in one of and possible injury to people on the the following ways: forward thrust, resulting in asymmetric ground. TR failure during a RTO could • thrust and possible runway excursion. Using a method that we approve; or also cause the engine to produce • Using data that meet the DATES: This AD becomes effective forward thrust, resulting in asymmetric certification basis of the airplane that November 3, 2006. thrust and possible runway excursion. have been approved by an Authorized The Director of the Federal Register Relevant Service Information Representative for the Boeing Delegation approved the incorporation by reference Option Authorization Organization who of a certain publication listed in the AD We have reviewed Boeing Alert has been authorized by the FAA to make as of November 3, 2006. Service Bulletin 777–78A0056, dated those findings. We must receive comments on this April 20, 2006. The service bulletin AD by December 18, 2006. describes procedures for a general visual Costs of Compliance ADDRESSES: Use one of the following inspection to determine the part number None of the airplanes affected by this addresses to submit comments on this on the identification plate of the torque action are on the U.S. Register. All AD. box on the TRs, and investigative and airplanes affected by this AD are • DOT Docket Web site: Go to corrective actions if necessary. If the currently operated by non-U.S. http://dms.dot.gov and follow the identification plate shows any part operators under foreign registry; instructions for sending your comments number specified in paragraph 3.B.1.a. therefore, they are not directly affected electronically. of the service bulletin, without the by this AD action. However, we • Government-wide rulemaking Web service bulletin number as a consider this AD necessary to ensure site: Go to http://www.regulations.gov modification number, the investigative that the unsafe condition is addressed if and follow the instructions for sending and corrective actions include, among any affected airplane is imported and your comments electronically. other things, replacing the existing TRs placed on the U.S. Register in the future.

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If an affected airplane is imported and the AD docket shortly after the Docket PART 39—AIRWORTHINESS placed on the U.S. Register in the future, Management System receives them. DIRECTIVES the required inspection would take Authority for This Rulemaking about 1 work hour per airplane, at an I 1. The authority citation for part 39 average labor rate of $80 per work hour. Title 49 of the United States Code continues to read as follows: Based on these figures, the estimated specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. cost of the AD would be $80 per rules on aviation safety. Subtitle I, airplane. section 106, describes the authority of § 39.13 [Amended] the FAA Administrator. Subtitle VII, FAA’s Determination of the Effective I 2. The Federal Aviation Aviation Programs, describes in more Date Administration (FAA) amends § 39.13 detail the scope of the Agency’s by adding the following new No airplane affected by this AD is authority. airworthiness directive (AD): currently on the U.S. Register. We are issuing this rulemaking under 2006–21–09 Boeing: Amendment 39–14794. Therefore, providing notice and the authority described in subtitle VII, opportunity for public comment is Docket No. FAA–2006–26085; part A, subpart III, section 44701, Directorate Identifier 2006–NM–142–AD. unnecessary before this AD is issued, ‘‘General requirements.’’ Under that and this AD may be made effective in section, Congress charges the FAA with Effective Date less than 30 days after it is published in promoting safe flight of civil aircraft in (a) This AD becomes effective November 3, the Federal Register. air commerce by prescribing regulations 2006. Comments Invited for practices, methods, and procedures Affected ADs the Administrator finds necessary for (b) None. 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 Applicability was not preceded by notice and an because it addresses an unsafe condition (c) This AD applies to Boeing Model 777– opportunity for public comment; that is likely to exist or develop on 200 series airplanes equipped with General however, we invite you to submit any products identified in this rulemaking Electric GE90–94B engines; certificated in relevant written data, views, or action. any category; as identified in Boeing Alert arguments regarding this AD. Send your Service Bulletin 777–78A0056, dated April comments to an address listed under the Regulatory Findings 20, 2006. ADDRESSES section. Include ‘‘Docket No. We have determined that this AD will Unsafe Condition FAA–2006–26085; Directorate Identifier not have federalism implications under (d) This AD results from engine 2006–NM–142–AD’’ at the beginning of Executive Order 13132. This AD will certification testing which revealed that your comments. We specifically invite not have a substantial direct effect on thrust reversers (TRs) on GE90–94B engines comments on the overall regulatory, the States, on the relationship between have inner walls that could develop economic, environmental, and energy the national government and the States, disbonding in the upper bifurcation radii. aspects of the AD that might suggest a Disbonding was found in an equivalent inner or on the distribution of power and need to modify it. wall used during the testing. We are issuing responsibilities among the various We will post all comments we this AD to prevent failure of a TR and levels of government. adjacent components and their consequent receive, without change, to http:// separation from the airplane during flight or dms.dot.gov, including any personal For the reasons discussed above, I certify that the regulation: during a refused takeoff (RTO). These information you provide. We will also separated components could cause structural post a report summarizing each 1. Is not a ‘‘significant regulatory damage to the airplane or damage to other substantive verbal contact with FAA action’’ under Executive Order 12866; airplanes and possible injury to people on personnel concerning this AD. Using the 2. Is not a ‘‘significant rule’’ under the the ground. TR failure during a RTO could search function of that Web site, anyone DOT Regulatory Policies and Procedures also cause the engine to produce forward can find and read the comments in any (44 FR 11034, February 26, 1979); and thrust, resulting in asymmetric thrust and possible runway excursion. of our dockets, including the name of 3. Will not have a significant the individual who sent the comment economic impact, positive or negative, Compliance (or signed the comment on behalf of an on a substantial number of small entities (e) You are responsible for having the association, business, labor union, etc.). under the criteria of the Regulatory actions required by this AD performed within You may review the DOT’s complete Flexibility Act. the compliance times specified, unless the Privacy Act Statement in the Federal actions have already been done. We prepared a regulatory evaluation Register published on April 11, 2000 of the estimated costs to comply with General Visual Inspection/Investigative and (65 FR 19477–78), or you may visit this AD and placed it in the AD docket. Corrective Actions http://dms.dot.gov. See the ADDRESSES section for a location (f) Within 24 months after the effective Examining the Docket to examine the regulatory evaluation. date of this AD: Do a general visual inspection to determine the part number of You may examine the AD docket on List of Subjects in 14 CFR Part 39 the identification plate of the torque box on the Internet at http://dms.dot.gov, or in the TRs, and do all applicable investigative person at the Docket Management Air transportation, Aircraft, Aviation and corrective actions before further flight, in Facility office between 9 a.m. and 5 safety, Incorporation by reference, accordance with the Accomplishment p.m., Monday through Friday, except Safety. Instructions of Boeing Alert Service Bulletin Federal holidays. The Docket 777–78A0056, dated April 20, 2006. If any Adoption of the Amendment discrepancy is found and the service bulletin Management Facility office (telephone specifies to contact Boeing for appropriate I (800) 647–5227) is located on the plaza Accordingly, under the authority action: Before further flight, repair the TR level of the Nassif Building at the DOT delegated to me by the Administrator, using a method approved in accordance with street address stated in the ADDRESSES the FAA amends 14 CFR part 39 as the procedures specified in paragraph (g) of section. Comments will be available in follows: this AD.

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Note 1: The Boeing service bulletin refers DEPARTMENT OF TRANSPORTATION Requests To Change Compliance Time to Spirit AeroSystems Document MAA7– Airbus concurs with the contents of 70023–1, dated November 22, 2005, as an Federal Aviation Administration the NPRM. Airbus notes that French additional source of service information for airworthiness directive F–2005–155, accomplishing the corrective actions. 14 CFR Part 39 dated August 31, 2005, mandated Alternative Methods of Compliance [Docket No. FAA–2006–25060; Directorate corrective actions be done before (AMOCs) Identifier 2006–NM–119–AD; Amendment September 10, 2008; however, the (g)(1) The Manager, Seattle Aircraft 39–14792; AD 2006–21–07] NPRM proposes accomplishing the Certification Office (ACO), FAA, has the modification within 3 years after the RIN 2120–AA64 authority to approve AMOCs for this AD, if effective date of the AD. Airbus notes requested in accordance with the procedures that the current compliance time would Airworthiness Directives; Airbus Model give operators until the last quarter of found in 14 CFR 39.19. A321 Airplanes (2) Before using any AMOC approved in 2009 to accomplish the required accordance with § 39.19 on any airplane to AGENCY: Federal Aviation modification. which the AMOC applies, notify the Administration (FAA), Department of The Air Transport Association (ATA), appropriate principal inspector in the FAA Transportation (DOT). on behalf of its members and U.S. Airways, asks that the compliance time Flight Standards Certificate Holding District ACTION: Final rule. Office. for the modification specified in the (3) An AMOC that provides an acceptable SUMMARY: We are adopting a new NPRM be extended to 42 months. The level of safety may be used for any repair airworthiness directive (AD) for the ATA states that its members generally required by this AD, if it is approved by an products listed above. This AD results support the intent of the AD, and have Authorized Representative for the Boeing from mandatory continuing been in lead airline discussions with Commercial Airplanes Delegation Option airworthiness information (MCAI) Airbus and Messier on the referenced Authorization Organization who has been issued by an airworthiness authority of service bulletins. The commenters state authorized by the Manager, Seattle ACO, to another country to identify and correct that to comply with the work make those findings. For a repair method to an unsafe condition on an aviation instructions specified in the referenced be approved, the repair must meet the product. We are issuing this AD to Air Cruisers service bulletins, the certification basis of the airplane. require actions to correct the unsafe affected slides must be sent to the original equipment manufacturer (OEM) Material Incorporated by Reference condition on these products. for modification. Due to this fact, more DATES: This AD becomes effective (h) You must use Boeing Alert Service time is necessary for accomplishing the Bulletin 777–78A0056, dated April 20, 2006, November 24, 2006. The Director of the Federal Register modification. to perform the actions that are required by We do not agree with the requests to approved the incorporation by reference this AD, unless the AD specifies otherwise. either reduce or extend the compliance of certain publications listed in this AD The Director of the Federal Register approved time. The 36-month compliance time as of November 24, 2006. the incorporation by reference of this required by this AD reflects an document in accordance with 5 U.S.C. 552(a) ADDRESSES: You may examine the AD equivalent amount of time specified by and 1 CFR part 51. Contact Boeing docket on the Internet at http:// the French airworthiness directive. In Commercial Airplanes, P.O. Box 3707, dms.dot.gov or in person at the Docket developing an appropriate compliance Seattle, Washington 98124–2207, for a copy Management Facility, U.S. Department time for this action, we considered the of this service information. You may review of Transportation, 400 Seventh Street safety implications, parts availability, copies at the Docket Management Facility, SW., Nassif Building, Room PL–401, and normal maintenance schedules for U.S. Department of Transportation, 400 Washington, DC. the timely accomplishment of the Seventh Street, SW., Room PL–401, Nassif FOR FURTHER INFORMATION CONTACT: Dan modification. In consideration of these Building, Washington, DC; on the Internet at Rodina, Aerospace Engineer, items, as well as the reports of slide http://dms.dot.gov; or at the National International Branch, ANM–116, FAA, Archives and Records Administration damage and deflation during Transport Airplane Directorate, 1601 deployment tests, we have determined (NARA). For information on the availability Lind Avenue, SW., Renton, Washington of this material at the NARA, call (202) 741– that the 36-month compliance time 98057–3356; telephone (425) 227–2125; 6030, or go to http://www.archives.gov/ required by this AD will ensure an fax (425) 227–1149. federal_register/code_of_federal_regulations/ acceptable level of safety and allow the ibr_locations.html. SUPPLEMENTARY INFORMATION: modifications to be done during scheduled maintenance intervals for Issued in Renton, Washington, on October Discussion most affected operators. In addition, if 10, 2006. We issued a notice of proposed the slides are sent to the OEM for Kalene C. Yanamura, rulemaking (NPRM) to amend 14 CFR modification, the compliance time is Acting Manager, Transport Airplane part 39 to include an AD that would more than adequate to cover such Directorate; Aircraft Certification Service. apply to the specified products. That circumstances. We have made no [FR Doc. E6–17428 Filed 10–18–06; 8:45 am] NPRM was published in the Federal change to the AD in this regard. Register on June 19, 2006 (71 FR 35220). BILLING CODE 4910–13–P Request To Change/Clarify Certain That NPRM proposed to require the Procedures removal of one of the two inflating vacuums in order to reduce the speed of The Modification and Replacement the slide inflation. Parts Association (MARPA) provided the following comments to the NPRM. Comments • MARPA states that paragraph (e) of We gave the public the opportunity to the NPRM requires work to be participate in developing this AD. We accomplished as specified in a considered the comments received. particular Airbus service bulletin.

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MARPA adds that manufacturer’s Manufacturer Approval’’), of the Federal Conclusion service documents are privately Aviation Regulations (14 CFR 21.303). We reviewed the available data, authored instruments, generally having MARPA states that the concept of including the comments received, and copyright protection against duplication brevity is now nearly archaic as determined that air safety and the and distribution. When a service documents exist more frequently in public interest require adopting the AD document is incorporated by reference electronic format than on paper. as proposed. into a public document, such as an Therefore, MARPA asks that the airworthiness directive, pursuant to 5 referenced Airbus service bulletin be Differences Between This AD and the U.S.C. 552(a) and 1 CFR part 51, it loses published either in the Federal Register MCAI or Service Information its private, protected status and becomes or on DMS. We have reviewed the MCAI and a public document. MARPA notes that In regard to the commenter’s request related service information and, in the NPRM is one of these public that service documents be made general, agree with their substance. But documents, but does not incorporate by available to the public by publication in we might have found it necessary to use reference that service document. the Federal Register, we agree that different words from those in the MCAI Therefore, the NPRM, as proposed, incorporation by reference was to ensure the AD is clear for U.S. attempts to require compliance with a authorized to reduce the volume of operators and is enforceable in a U.S. public law by reference to a private material published in the Federal court of law. In making these changes, writing. MARPA believes that public Register and the Code of Federal we do not intend to differ substantively laws, by definition, should be public, Regulations. However, as specified in from the information provided in the and asks that the referenced Airbus the Federal Register Document Drafting MCAI and related service information. service bulletin be incorporated by Handbook, the Director of the Office of We might also have required different reference into the AD. the OFR decides when an agency may actions in this AD from those in the We do not agree that documents incorporate material by reference. As MCAI in order to follow our FAA should be incorporated by reference the commenter is aware, the OFR files policies. Any such differences are during the NPRM phase of rulemaking. documents for public inspection on the described in a separate paragraph of the The Office of the Federal Register (OFR) workday before the date of publication AD. These requirements, if any, take requires that documents that are of the rule at its office in Washington, precedence over the actions copied from necessary to accomplish the DC. As stated in the Federal Register the MCAI. requirements of the AD be incorporated Document Drafting Handbook, when by reference during the final rule phase documents are filed for public Costs of Compliance of rulemaking. This final rule inspection, anyone may inspect or copy Based on the service information, we incorporates by reference the document file documents during the OFR’s hours estimate that this AD affects about 37 necessary for the accomplishment of the of business. Further questions regarding products of U.S. registry. We also requirements mandated by this AD. publication of documents in the Federal estimate that it takes about 5 work hours Further, we point out that while Register or incorporation by reference per product to do the actions and that documents that are incorporated by should be directed to the OFR. the average labor rate is $80 per work reference do become public information, In regard to the commenter’s request hour. Required parts cost about $370 per they do not lose their copyright to post service bulletins on DMS, we are product. Where the service information protection. For that reason, we advise currently in the process of reviewing lists required parts costs that are the public to contact the manufacturer issues surrounding the posting of covered under warranty, we have to obtain copies of the referenced service bulletins on DMS as part of an assumed that there will be no change for service information. AD docket. Once we have thoroughly these costs. As we do not control • MARPA also states that service examined all aspects of this issue and warranty coverage for affected parties, documents incorporated by reference have made a final determination, we some parties may incur costs higher should be made available to the public will consider whether our current than estimated here. Based on these by publication in either the Federal practice needs to be revised. No change figures, we estimate the cost of the AD Register or the Docket Management to the final rule is necessary in response on U.S. operators to be $28,490, or $770 System (DMS), keyed to the action that to this comment. per product. incorporates those documents. The • In addition, MARPA states that stated purpose of the incorporation by paragraph (g)(3) of the NPRM is vague. Authority for This Rulemaking reference method is brevity, to keep MARPA adds that courts have Title 49 of the United States Code from expanding the Federal Register universally held that requirements are specifies the FAA’s authority to issue needlessly by publishing documents unenforceable if they are too vague to rules on aviation safety. Subtitle I, already in the hands of the affected convey to a reasonable person the section 106, describes the authority of individuals. MARPA adds that, specific acts that are required or the FAA Administrator. ‘‘Subtitle VII: traditionally, ‘‘affected individuals’’ proscribed by the rule. Aviation Programs,’’ describes in more means aircraft owners and operators, We partially agree with MARPA. We detail the scope of the Agency’s who are generally provided service are considering clarifying the text of authority. information by the manufacturer. paragraph (g)(3) in future ADs to more We are issuing this rulemaking under MARPA adds that a new class of clearly remind operators they are the authority described in ‘‘Subtitle VII, affected individuals has emerged, since required to assure a product is Part A, Subpart III, Section 44701: the majority of aircraft maintenance is airworthy before it is returned to General requirements.’’ Under that now performed by specialty shops service. However, we consider the section, Congress charges the FAA with instead of aircraft owners and operators. existing text to be legally enforceable promoting safe flight of civil aircraft in MARPA notes that this new class since it requires performing FAA- air commerce by prescribing regulations includes maintenance and repair approved corrective actions before for practices, methods, and procedures organizations, component servicing, returning the product to an airworthy the Administrator finds necessary for and/or servicing alternatively certified condition. No change is required to this safety in air commerce. This regulation parts under section 21.303 (‘‘Parts final rule in that regard. is within the scope of that authority

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because it addresses an unsafe condition Effective Date provisions of the Paperwork Reduction Act that is likely to exist or develop on (a) This airworthiness directive (AD) (44 U.S.C. 3501 et seq.), the Office of products identified in this rulemaking becomes effective November 24, 2006. Management and Budget (OMB) has action. approved the information collection Affected ADs requirements and has assigned OMB Control Regulatory Findings (b) None. Number 2120–0056. We determined that this AD will not Applicability Related Information have federalism implications under (c) This AD applies to Airbus A321 aircraft, (h)(1) This AD is related to MCAI French Executive Order 13132. This AD will all certified models and serial numbers that airworthiness directive F–2005–155, dated not have a substantial direct effect on are equipped with escape slides, part number August 31, 2005, which references Airbus the States, on the relationship between (P/N) 62292–105, 62292–106, 62293–105, or Service Bulletin A320–25–1416, dated May the national government and the States, 62293–106. Aircraft on which no 20, 2005, for information on required actions. or on the distribution of power and modification/replacement of escape slides at (2) Airbus Service Bulletin A320–25–1416, responsibilities among the various doors 2 and 3 has been performed since dated May 20, 2005, refers to Air Cruisers levels of government. embodiment of Airbus Modification 34989 in Service Bulletin S.B. A321 005–25–15, dated For the reasons discussed above, I production are not affected by the May 30, 2005, as an additional source of requirements of this AD. service information for modifying the escape certify that this AD: slides. (1) Is not a ‘‘significant regulatory Reason action’’ under Executive Order 12866; (d) Some cases of slide damage and Material Incorporated by Reference (2) Is not a ‘‘significant rule’’ under deflation have been reported during (i) You must use Airbus Service Bulletin DOT Regulatory Policies and Procedures deployment tests at doors 2 and 3 of the A320–25–1416, dated May 20, 2005, to do (44 FR 11034, February 26, 1979); and A321. Analysis has shown that the slide may the actions required by this AD, unless the (3) Will not have a significant inflate too fast compared to the associated AD specifies otherwise. economic impact, positive or negative, door release. If there is a delay during the (1) The Director of the Federal Register on a substantial number of small entities opening of the door, the inflatable slide may approved the incorporation by reference of under the criteria of the Regulatory exercise pressure on this not yet opened this service information under 5 U.S.C. door, which could result in damage to the 552(a) and 1 CFR part 51. Flexibility Act. inflatable slide. A slide not inflated correctly We prepared a regulatory evaluation (2) For service information identified in may disrupt passenger emergency this AD, contact Airbus, 1 Rond Point of the estimated costs to comply with evacuation. For such reason, this AD renders Maurice Bellonte, 31707 Blagnac Cedex, this AD and placed it in the AD Docket. mandatory the removal of one of the two France. Examining the AD Docket inflating vacuums in order to reduce the (3) You may review copies at the FAA, speed of the slide inflation. Transport Airplane Directorate, 1601 Lind You may examine the AD docket on Actions and Compliance Avenue, SW., Renton, Washington 98057– the Internet at http://dms.dot.gov; or in 3356; or at the National Archives and person at the Docket Management (e) Unless already done, do the following Records Administration (NARA). For Facility between 9 a.m. and 5 p.m., actions except as stated in paragraph (f) information on the availability of this below: Within 36 months after the effective material at NARA, call 202–741–6030, or go Monday through Friday, except Federal date of this AD, modify the slides, P/N holidays. The AD docket contains the to: http://www.archives.gov/federal-register/ 62292–105, 62292–106, 62293–105, or cfr/ibr-locations.html. NPRM, the regulatory evaluation, any 62293–106, in accordance with the comments received, and other instructions given in Airbus Service Bulletin Issued in Renton, Washington, on October information. The street address for the A320–25–1416, dated May 20, 2005. 10, 2006. Docket Office (telephone (800) 647– FAA AD Differences Kalene C. Yanamura, 5227) is in the ADDRESSES section. Acting Manager, Transport Airplane (f) None. Comments will be available in the AD Directorate, Aircraft Certification Service. docket shortly after receipt. Other FAA AD Provisions [FR Doc. E6–17420 Filed 10–18–06; 8:45 am] List of Subjects in 14 CFR Part 39 (g) The following provisions also apply to BILLING CODE 4910–13–P this AD: Air transportation, Aircraft, Aviation (1) Alternative Methods of Compliance safety, Incorporation by reference, (AMOCs): The Manager, International DEPARTMENT OF THE TREASURY Safety. Branch, ANM–116, Transport Airplane Directorate, FAA, ATTN: Dan Rodina, Internal Revenue Service Adoption of the Amendment Aerospace Safety Engineer, International I Accordingly, under the authority Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., 26 CFR Part 1 delegated to me by the Administrator, Renton, Washington 98057–3356; telephone [TD 9292] the FAA amends 14 CFR part 39 as (425) 227–2125; fax (425) 227–1149; has the follows: authority to approve AMOCs for this AD, if RIN 1545–BB11 requested using the procedures found in 14 PART 39—AIRWORTHINESS CFR 39.19. Partner’s Distributive Share: Foreign DIRECTIVES (2) Notification of Principal Inspector: Tax Expenditures Before using any AMOC approved in I 1. The authority citation for part 39 accordance with 14 CFR 39.19 on any AGENCY: Internal Revenue Service (IRS), continues to read as follows: airplane to which the AMOC applies, notify Treasury. Authority: 49 U.S.C. 106(g), 40113, 44701. the appropriate principal inspector in the ACTION: Final regulations and removal of FAA Flight Standards Certificate Holding § 39.13 [Amended] District Office. temporary regulations. (3) Return to Airworthiness: When I 2. The FAA amends § 39.13 by adding SUMMARY: This document contains final complying with this AD, perform FAA- the following new AD: approved corrective actions before returning regulations regarding the allocation of 2006–21–07 Airbus: Amendment 39–14792. the product to an airworthy condition. creditable foreign tax expenditures by Docket No. FAA–2006–25060; (4) Reporting Requirements: For any partnerships. The regulations are Directorate Identifier 2006–NM–119–AD. reporting requirement in this AD, under the necessary to clarify the application of

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section 704(b) to allocations of allocation is made must receive the all allocations of CFTEs even though, in creditable foreign tax expenditures. The economic benefit or bear such economic rare instances, a partner may instead final regulations affect partnerships and burden. See § 1.704–1(b)(2)(ii). As a elect to deduct the CFTEs. Thus, the their partners. general rule, the economic effect of an temporary and proposed regulations DATES: Effective Date: These regulations allocation (or allocations) is substantial provided that partnership allocations of are effective October 19, 2006. if there is a reasonable possibility that CFTEs cannot have substantial Applicability Date: These regulations the allocation (or allocations) will affect economic effect and, therefore, must be apply to partnership taxable years substantially the dollar amounts to be allocated in accordance with the beginning on or after October 19, 2006. received, independent of tax partners’ interests in the partnership. FOR FURTHER INFORMATION CONTACT: consequences. See § 1.704–1(b)(2)(iii). The temporary and proposed Timothy J. Leska at 202–622–3050 or Even if the allocation affects regulations provided a safe harbor under Michael I. Gilman at 202–622–3850 (not substantially the dollar amounts, the which partnership allocations of CFTEs will be deemed to be in accordance with toll-free numbers). economic effect of the allocation (or allocations) is not substantial if, at the the partners’ interests in the SUPPLEMENTARY INFORMATION: time the allocation (or allocations) partnership. Under this safe harbor, if Background becomes part of the partnership the partnership agreement satisfies the requirements of § 1.704–1(b)(2)(ii)(b) or This document contains amendments agreement, (1) The after-tax economic consequences of at least one partner (d) (capital account maintenance, to 26 CFR part 1 under section 704 of may, in present value terms, be liquidation according to capital the Internal Revenue Code (Code). On enhanced compared to such accounts, and either deficit restoration April 21, 2004, temporary regulations consequences if the allocation (or obligations or qualified income offsets), (TD 9121) relating to the proper allocations) were not contained in the then an allocation of CFTEs that is allocation of partnership expenditures partnership agreement, and (2) there is proportionate to a partner’s distributive for foreign taxes were published in the a strong likelihood that the after-tax share of the partnership income to Federal Register (69 FR 21405). A economic consequences of no partner which such taxes relate (including notice of proposed rulemaking (REG– will, in present value terms, be income allocated pursuant to section 139792–02) cross-referencing the substantially diminished compared to 704(c)) will be deemed to be in temporary regulations was also such consequences if the allocation (or accordance with the partners’ interests published in the Federal Register (69 allocations) were not contained in the in the partnership. If the allocation of FR 21454) on April 21, 2004. A public partnership agreement. See § 1.704– CFTEs does not satisfy this safe harbor, hearing was requested and held on 1(b)(2)(iii). then the allocation of CFTEs will be September 14, 2004. The IRS received a The temporary and proposed tested under the partners’ interests in number of written comments regulations clarified the application of the partnership standard set forth in responding to the temporary and the regulations under section 704 to § 1.704–1(b)(3). proposed regulations. After foreign taxes paid or accrued by a Summary of Comments and consideration of the comments, the partnership and eligible for credit under Explanation of Provisions proposed regulations are adopted as section 901(a) (creditable foreign tax revised by this Treasury decision and expenditures or CFTEs). While These final regulations retain the the corresponding temporary allocations of CFTEs that are provisions of the proposed and regulations are removed. disproportionate to the related income temporary regulations excluding Section 704(a) provides that a may have economic effect in that they allocations of CFTEs from the partner’s distributive share of income, reduce the recipient partner’s capital substantial economic effect safe harbor gain, loss, deduction, or credit shall, account and affect the amount the of § 1.704–1(b)(2), and provide a safe except as otherwise provided, be recipient partner is entitled to receive harbor under which allocations of determined by the partnership on liquidation, this effect will almost CFTEs will be deemed to be in agreement. Section 704(b) provides that certainly not be substantial after taking accordance with the partners’ interests a partner’s distributive share of income, U.S. tax consequences into account. For in the partnership. As provided in the gain, loss, deduction, or credit (or item example, the after-tax economic temporary and proposed regulations, the thereof) shall be determined in consequences to a foreign or other tax- final regulations provide that allocations accordance with the partner’s interest in indifferent partner whose share of the of CFTEs must be in proportion to the the partnership (determined by taking tax expense is borne by a U.S. taxable distributive shares of income to which into account all facts and partner will be enhanced by reason of the CFTEs relate in order to satisfy the circumstances) if the allocation to a the allocation, and there is a strong safe harbor. partner under the partnership agreement likelihood that the after-tax economic The final regulations provide that the of income, gain, loss, deduction, or consequences to a U.S. partner will not income to which a CFTE relates is the credit (or item thereof) does not have be substantially diminished since the net income in the CFTE category to substantial economic effect. Thus, in allocation of the CFTE increases the which the CFTE is allocated and order to be respected, partnership allowable foreign tax credit and results apportioned. A CFTE category is a allocations either must have substantial in a dollar-for-dollar reduction in the category of net income attributable to economic effect or must be in U.S. tax the partner would otherwise one or more activities of the accordance with the partners’ interests owe. partnership. The net income in a CFTE in the partnership. The temporary and proposed category is the net income determined In general, for an allocation to have regulations were based on the for U.S. Federal income tax purposes economic effect, it must be consistent assumption that partnerships specially (U.S. net income) attributable to each with the underlying economic allocate foreign taxes where the separate activity of the partnership that arrangement of the partners. This means recipient partner would elect to claim is included in the CFTE category. that, in the event there is an economic the CFTE as a credit, rather than as a Income from separate activities is burden or benefit that corresponds to deduction. As a matter of administrative included in the same CFTE category the allocation, the partner to whom the convenience, the regulations applied to only if the U.S. net income from the

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activities is allocated among the credit for deemed-paid taxes with guidance for purposes of making this partners in the same proportions. For respect to stock of a foreign corporation determination. The additional guidance this purpose, income from a divisible it owns indirectly through a is also intended to assist in the part of a single activity that is shared in partnership, any such deemed-paid determination of the distributive share a different ratio than other income from taxes are determined directly by the of income to which a foreign tax relates. that activity is treated as income from a corporate partner based on the partner’s See the discussion at section C in this separate activity. CFTEs are allocated distributive share of dividend income or preamble. Consistent with the and apportioned to CFTE categories in inclusion. Such deemed-paid taxes, comments, the rules provided for in the accordance with § 1.904–6 principles, as therefore, are not partnership items and final regulations rely to the extent modified by the final regulations. are not taxes paid or accrued (or deemed possible on U.S. tax principles. Therefore, CFTEs generally are allocated paid or accrued) by a partnership. The final regulations clarify that the to a CFTE category if the income on Accordingly, foreign taxes deemed paid relevant category of income is the CFTE which the CFTE is imposed (the net under section 902 or 960 are not subject category, defined in the final regulations income recognized for foreign tax to these regulations. as U.S. net income attributable to one or purposes) is in the CFTE category. The final regulations retain the more activities of the partnership. In Accordingly, the safe harbor of the definition of CFTE contained in the general, the final regulations provide final regulations requires a three-step temporary and proposed regulations. In that U.S. net income from all of the process to determine the distributive response to the comment, the final partnership’s activities is treated as share of income to which a CFTE regulations clarify that a CFTE does not income in a single CFTE category. This relates. First, the partnership must include foreign taxes deemed paid by a general rule does not apply, however, if determine its CFTE categories. Second, corporate partner under section 902 or the partnership agreement provides for the partnership must determine the U.S. 960. The final regulations also clarify an allocation of U.S. net income from net income in each CFTE category. that the regulations do not apply to one or more activities that differs from Third, the partnership must allocate and foreign taxes paid or accrued by a the allocation of U.S. net income from apportion CFTEs to the CFTE categories partner (foreign taxes for which the other activities. In that case, U.S. net based on the net income in the CFTE partner has legal liability within the income from each activity or group of categories that is recognized for foreign meaning of § 1.901–2(f)). Finally, the activities that is subject to a different tax purposes. To satisfy the safe harbor, final regulations clarify that a CFTE allocation is treated as net income in a the partnership must allocate CFTEs does include a foreign tax paid or separate CFTE category. For this among the partners in the same accrued by a partnership that is eligible purpose, income from a divisible part of proportion as the allocations of U.S. net for a credit under an applicable U.S. a single activity is treated as income income in the applicable CFTE category. income tax treaty. from a separate activity if such income is shared in a different ratio than other Summary of Comments B. CFTE Categories income from the activity. A number of comments were received Examples in the temporary and Thus, if a partnership agreement on the temporary and proposed proposed regulations illustrated that the allocates all partnership items in the regulations. The comments included determination of the income to which a same manner, the partnership will have requests for clarification and CFTE relates must be made separately a single CFTE category, regardless of the recommendations relating to the for certain categories of income when number of activities in which the following: (i) The definition of CFTEs, the partnership agreement provides for partnership is engaged. Conversely, a (ii) the CFTE categories, (iii) the different allocations of such income. partnership agreement that provides for distributive share of income to which a Commentators requested additional different allocations of net income with CFTE relates, (iv) the application of the guidance regarding the relevant respect to one or more activities will principles of § 1.904–6, (v) the partners’ categories for purposes of the safe have multiple CFTE categories. For interests in the partnership, (vi) the harbor, including clarification that the example, assume a partnership (AB) effective date and transition rule and safe harbor does not require the with two partners is engaged in two (vii) certain other matters. The partnership to determine its CFTE activities and that the partnership comments and final regulations are categories by reference to section 904(d) agreement provides that all partnership discussed in detail below. categories. Subject to the requirements items are shared 50–50. In such a case, of section 704(b) and other applicable the partnership has a single CFTE A. Creditable Foreign Tax Expenditures provisions of U.S. law, partners are free category. However, the partnership (CFTEs) to allocate income in any manner they would have two CFTE categories if the The temporary and proposed choose. Although partners must assign items from one activity were shared 50– regulations provide that a CFTE is a their distributive shares of partnership 50 and the items from the second foreign tax paid or accrued by a items (along with their other items of activity were shared 80–20. partnership that is eligible for a credit income and expense) to section 904(d) Different allocations of the under section 901(a). A qualifying categories to compute the applicable partnership’s U.S. net income from domestic corporate shareholder may limitations on the foreign tax credit, the separate activities and, thus, multiple claim a credit under section 901(a) for CFTE categories need not be determined CFTE categories may result if the taxes paid or accrued by a foreign by reference to section 904(d) categories. partnership agreement contains special corporation and deemed paid by the These principles were illustrated by the allocations. For example, assume that shareholder under section 902 or 960 examples in the temporary and AB partnership agreement allocates all upon distribution or inclusion of the proposed regulations. However, the IRS items other than depreciation 50–50, associated earnings. Several and the Treasury Department agree with and that deductions for depreciation are commentators requested guidance commentators that it is appropriate to allocated 100 percent to one of the concerning whether taxes deemed paid provide additional guidance in partners. In such a case, the allocations under section 902 or 960 are subject to determining a partnership’s relevant of U.S. net income from the two these regulations. Although a domestic categories of income. Accordingly, the activities will differ if AB’s deductions corporation may be eligible to claim a final regulations provide additional for depreciation relate solely to one

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activity or if the deductions relate determining a partner’s distributive deductions for interest and R&D costs disproportionately to the activities. See share of income for purposes of the safe for purposes of determining net income paragraph (b)(5) Example 22. A harbor. Some commentators believed in a CFTE category under any preferential allocation of income will that it was unclear whether allocations reasonable method, including but not not result in multiple CFTE categories if of CFTEs must be proportionate to limited to the rules contained in the allocation relates to all of the allocations of income as determined for §§ 1.861–9 through 1.861–13T and partnership’s net income. For example, U.S. tax purposes or as determined § 1.861–17. assume partnership AB allocates $100 of under foreign law. One comment The final regulations clarify that in gross income each year to one of the recommended that, at least in cases applying U.S. Federal income tax partners and all remaining items 50–50. where there is a preferential allocation principles to determine the net income In such a case, the special allocation of of income, income as determined for attributable to an activity of a branch, $100 of gross income affects the overall U.S. tax purposes should control. Other the only items of gross income taken sharing ratio of partnership net income, commentators requested that the final into account are items of gross income but does not result in different sharing regulations clarify whether allocations that are recognized by the branch for ratios with respect to income from the of CFTEs must follow allocations of U.S. Federal income tax purposes. partnership’s two activities. gross or net income, and that the final Therefore, a payment from one branch Accordingly, the U.S. net income regulations clarify the effect of special to another does not increase the gross attributable to the two activities is allocations and allocations of separately income attributable to the activity of the included in a single CFTE category. See stated items on allocations of CFTEs recipient. See paragraph (b)(5) Example paragraph (b)(5) Example 25. under the safe harbor. Commentators 24. Similarly, because U.S. tax Whether the partnership has different also requested clarifications regarding principles apply to determine net sharing ratios with respect to income section 704(c) allocations, income income attributable to an activity of a from one or more activities, and allocations that are deductible under branch, the inter-branch payment does therefore has more than one CFTE foreign law, guaranteed payments, and not reduce the gross income of the category, depends on the facts and situations in which certain partners’ payor. See paragraph (b)(4)(viii)(c)(3)(B) circumstances. Therefore, the final allocable shares of partnership income and paragraph (b)(5) Example 24. regulations provide that whether a are excluded from the foreign tax base. The discussion in this preamble partnership has one or more activities, In response to the comments, the final addresses the effect of the following and the scope of those activities, must regulations provide several factors on the determination of net be determined in a reasonable manner clarifications regarding the income in a CFTE category: (a) Section taking into account all the facts and determination of a partner’s distributive 704(c) allocations, (b) preferential circumstances. In evaluating whether share of income to which a CFTE income allocations and guaranteed aggregating or disaggregating income relates. payments, and (c) the exclusion of from particular business or investment income of certain partners from the operations constitutes a reasonable 1. Net Income in a CFTE Category foreign tax base. The final regulations clarify that the method of determining the scope of an (a) Section 704(c) Allocations activity, the principal consideration is net income in a CFTE category is the net whether or not the proposed income for U.S. Federal income tax Several commentators requested determination has the effect of purposes, determined by taking into clarification of when section 704(c) separating CFTEs from the related account all items attributable to the allocations should be taken into foreign income. Accordingly, relevant relevant activity or group of activities account. Some commentators believed facts and circumstances include (or portion thereof). The final that section 704(c) allocations should whether the partnership conducts regulations provide that the items of only be taken into account where the business or investment operations in gross income included in a CFTE built-in gain or loss is also recognized more than one geographic location or category must be determined in a in the foreign jurisdiction. A number of through more than one entity or branch, consistent manner under any reasonable commentators suggested further that and whether certain types of income are method taking into account all the facts section 704(c) allocations should be exempt from foreign tax or subject to and circumstances. Expenses, losses or taken into account only upon the preferential foreign tax treatment. In other deductions generally must be disposition of the section 704(c) addition, income from a divisible part of allocated and apportioned to gross property, while other commentators a single activity is treated as income income included in a CFTE category in believed that section 704(c) allocations from a separate activity if necessary to accordance with the rules of §§ 1.861– should also be taken into account as the prevent the separation of CFTEs from 8 and 1.861–8T. section 704(c) property is depreciated or the related foreign income. Finally, the Sections 1.861–8 and 1.861–8T amortized over time. final regulations provide that the require taxpayers to use special rules After consideration of these partnership’s activities must be contained in §§ 1.861–9 through 1.861– comments, the final regulations retain determined consistently from year to 13T and § 1.861–17 to allocate and the general principle that all section year absent a material change in facts apportion deductions for interest 704(c) allocations must be taken into and circumstances. expense and research and development account when determining net income (R&D) costs. See §§ 1.861–8(e)(3) and in the relevant category. The IRS and C. Distributive Share of Income to 1.861–8T(e)(2). Those provisions the Treasury Department concluded that Which a CFTE Relates generally require taxpayers to allocate any attempt to trace the impact of built- The temporary and proposed and apportion such deductions at the in gain (or loss) under foreign tax regulations required the allocation of a partner level and do not provide rules principles to corresponding items under CFTE to be in proportion to the for allocating and apportioning the U.S. tax principles would be difficult to partner’s distributive share of income to deductions at the partnership level. See do and impractical to administer. which it relates. Several commentators §§ 1.861–9T(e) and 1.861–17(f). Because allocations of net income from requested that the final regulations Therefore, the final regulations permit a a CFTE category are allocations of the provide additional guidance in partnership to allocate and apportion net income recognized for U.S. tax

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purposes, the IRS and the Treasury Accordingly, the final regulations determined under U.S. tax principles, Department believe that all section contain two provisions to reflect these taking into account the modifications 704(c) allocations (including ‘‘reverse’’ principles. First, under the final described in section C1 under ‘‘Net section 704(c) allocations and section regulations, a guaranteed payment is income in a CFTE category.’’ 704(c) allocations that are made prior to treated as income in a CFTE category to The final regulations provide a special an asset’s disposition) must be taken the extent that the payment is not rule for cases in which more than one into account in determining a partner’s deductible by the partnership under partner receives positive income distributive share of income. Thus, the foreign law. Second, the final allocations (income in excess of final regulations provide that the net regulations provide that such a expenses) from a CFTE category and the income in a CFTE category is the net guaranteed payment is treated as a aggregate of such positive income income for U.S. income tax purposes, distributive share of income for allocations exceeds the net income in determined by taking into account all purposes of the safe harbor. the CFTE category because one or more items attributable to the relevant Consequently, the final regulations other partners is allocated a net loss activity, including, among other items, provide that CFTEs relate to income (expenses in excess of income). Because items allocated pursuant to section taken into account as a guaranteed in this situation the sum of the positive 704(c). See paragraph (b)(5) Example 26. payment to the extent the payment is income allocations from the CFTE not deductible under foreign law, and category exceeds 100 percent of the net (b) Preferential Income Allocations and therefore CFTEs must be allocated to the income in the category, an adjustment to Guaranteed Payments partner receiving the guaranteed the safe harbor formula is required to Several commentators requested that payment. ensure that aggregate allocations of the final regulations provide guidance One commentator requested guidance CFTEs do not exceed 100 percent of the regarding the treatment of preferential concerning the source and character of CFTEs in the category. Accordingly, income allocations and guaranteed guaranteed payments for other U.S. tax solely for purposes of allocating CFTEs payments when applying the safe purposes. These issues are clearly under the safe harbor, the final harbor. In particular, clarification was important, but they are beyond the regulations limit the distributive share requested as to the relevance of the scope of this project and are not of income of each partner that receives deductibility of such items under addressed in these final regulations. a positive income allocation to the foreign law in determining whether partner’s positive income allocation (c) Taxes Imposed on Certain Partners’ CFTEs are related to such items. attributable to the CFTE category, Income The final regulations generally divided by the aggregate positive provide that the income to which a A foreign jurisdiction may impose tax income allocations attributable to the CFTE relates is the net income in the with respect to partnership income that CFTE category, multiplied by the net CFTE category to which the CFTE is is allocable to certain partners and not income in the CFTE category. For allocated and apportioned. However, if with respect to partnership income example, assume that the partnership an allocation of partnership income is allocable to other partners. For example, has $100 of net income ($130 of gross treated as a deductible payment under as was the case in Vulcan Materials Co. income and $30 of expenses) in a CFTE foreign law, then no CFTEs are related v. Comm’r, 96 T.C. 410 (1991), aff’d in category and that partner A is allocated to that income because it is not included unpublished opinion, 959 F.2d 973 $65 of gross income, partner B is in the foreign tax base. To reflect this (11th Cir. 1992), nonacq. 1995–2 CB 2, allocated $45 of gross income and principle, the final regulations provide a foreign jurisdiction may impose tax partner C is allocated $20 of gross that income attributable to an activity solely with respect to the nonresident income and $30 of expenses. In this shall not include an item of partnership partners’ shares of partnership income. case, solely for purposes of the safe income to the extent the allocation of One commentator suggested that the harbor, partner A’s distributive share of such item of income (or payment final regulations provide that in these income is $59 ($65/$110 × 100) and thereof) to a partner results in a situations, allocations of CFTEs satisfy partner B’s distributive share of income deduction under foreign law. By the safe harbor if they are allocated to is $41 ($45/$110 × $100). removing the income associated with a the partner or partners whose income is preferential income allocation that is included in the foreign tax base. The 3. No Net Income deductible under foreign law from the final regulations adopt this comment, The final regulations contain a special net income in a CFTE category, this and provide that income in a CFTE rule for cases in which CFTEs are provision of the final regulations category does not include net income allocated and apportioned to a CFTE ensures that no CFTE will be related to that foreign law would exclude from the category that does not have any net such income, which is not included in foreign tax base as a result of the status income for U.S. tax purposes in the year the base upon which the creditable of the partner. By removing such the foreign taxes are paid or accrued. In foreign tax is imposed. income from a CFTE category, this such cases, there is no net income in the The principle that no CFTEs are provision of the final regulations CFTE category to which the CFTEs related to income if the allocation of ensures that CFTEs will be related only relate. In the absence of a special rule, such income results in a deduction to income of those partners whose allocations of such CFTEs among the under foreign law applies with equal income is included in the base upon partners would not fall within the force to cases in which a guaranteed which the creditable foreign tax is general safe harbor of the final payment made by a partnership to a imposed. regulations and would be required to be partner is deductible by the partnership allocated in accordance with the under foreign law. Conversely, where a 2. Distributive Share of Income partners’ interests in the partnership. To partner receives a guaranteed payment The final regulations provide that a eliminate uncertainty in this situation, and the guaranteed payment is not partner’s distributive share of income the final regulations include a rule that deductible by the partnership under generally is the portion of the net relates such CFTEs to net income foreign law (and thus does not reduce income in a CFTE category that is recognized for U.S. tax purposes in the foreign tax base), CFTEs should allocated to the partner. Therefore, a other years or in other CFTE categories. relate to the guaranteed payment. partner’s distributive share of income is (For rules relating to the allocation and

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apportionment of CFTEs to a CFTE these regulations. In particular, taxpayer to apportion foreign taxes category, see section D below.) commentators requested guidance among the CFTE categories based on the Under the final regulations, CFTEs concerning the applicability of the relative amounts of net income as allocated and apportioned to a CFTE related party interest expense rule in determined under foreign law in each category that has no net income for U.S. § 1.904–6(a)(1)(ii), timing and base CFTE category. In addition, the final tax purposes will be deemed to relate to differences, and inter-branch payments. regulations modify the apportionment the aggregate net income (if any) The final regulations retain the rule rule in two respects. See § 1.704– recognized by the partnership in that that the determination of the income to (b)(4)(viii)(d)(1). CFTE category during the preceding which a CFTE relates is made in The final regulations adopt the three-year period (not taking into accordance with the principles of recommendation to disregard the related account years in which there is a net § 1.904–6. In response to the comments, party interest expense rule contained in loss in the CFTE category for U.S. tax however, the final regulations contain § 1.904–6(a)(1)(ii) for purposes of purposes). Accordingly, the CFTEs in several clarifications and modifications apportioning taxes among the CFTE these situations generally must be regarding how the principles of § 1.904– categories on the basis of foreign net allocated among the partners in the 6 apply in allocating foreign taxes to income. The IRS and the Treasury same proportion as the allocations of CFTE categories. The final regulations Department agree that this rule, which such net income for the prior three-year clarify that in applying § 1.904–6 for coordinates the characterization of taxes period to satisfy the safe harbor. If the purposes of the safe harbor, the relevant and income for section 904(d) purposes, partnership does not have net income in categories are the CFTE categories is not relevant for purposes of the applicable CFTE category in either determined under the rules described in apportioning CFTEs to CFTE categories. the current year or any of the previous section B in this preamble. Therefore, Rather, the apportionment of CFTEs is three taxable years, the CFTEs must be the final regulations clarify that based on the partnership income, as allocated among the partners in the application of the principles of § 1.904– determined under foreign law, in the same proportion that the partnership 6 requires a CFTE to be allocated to a CFTE categories, which may include reasonably expects to allocate net CFTE category if the net income on partnership items in one or more section income in the applicable CFTE category which the tax is imposed (the net 904(d) categories. over the succeeding three years. If the income recognized for foreign tax The final regulations also provide that partnership does not reasonably expect purposes) is in the CFTE category. The if foreign law does not provide rules for to have net income in the applicable final regulations also provide guidance the allocation and apportionment of CFTE category in the succeeding three on (a) the apportionment rule in expenses, losses or other deductions years, the CFTEs must be allocated § 1.904–6(a)(1)(ii), (b) the rules for allowed under foreign law to a CFTE among the partners in the same timing differences, (c) the rules for base category of income, then such expenses, proportion as the total partnership net differences and (d) the treatment of losses or other deductions must be income for the year is allocated. If the inter-branch payments. allocated and apportioned to gross CFTE cannot be allocated under any of income as determined under foreign law 1. Apportionment of CFTEs the foregoing rules, it must be allocated in a manner that is consistent with the in proportion to the partners’ Section 1.904–6(a)(1)(ii) provides that allocation and apportionment of such outstanding capital contributions. where foreign taxes are imposed on items for purposes of determining the income that relates to more than one net income in the CFTE category for D. Allocation and Apportionment of separate category, the foreign taxes must U.S. tax purposes. CFTEs to CFTE Categories be apportioned among the separate The temporary and proposed categories pro rata based on the amount 2. Timing Differences regulations provided that the income to of net income in each category. Subject A timing difference arises when an which a CFTE relates is determined in to a special rule for related party interest item subject to foreign tax is recognized accordance with the principles of expense, the net income in each as income under U.S. tax principles in § 1.904–6. Section 1.904–6, which category generally is determined under a different year. The temporary and contains rules for allocating and foreign law. If foreign law does not proposed regulations did not contain a apportioning foreign taxes to the provide rules for the allocation and specific textual rule regarding the categories of income described in apportionment of expenses, losses or application of the timing difference rule section 904(d), provides generally that a other deductions to a particular category of § 1.904–6(a)(1)(iv) in the context of foreign tax is related to income if the of income, then such items must be section 704(b). However, the temporary income is included in the base upon allocated and apportioned in and proposed regulations included an which the foreign tax is imposed. accordance with the rules of §§ 1.861– example that involved a timing Section 1.904–6(a)(1)(ii) contains 8 through 1.861–14T. difference (Example 27), which special rules for apportioning taxes Commentators requested clarification indicated that a current year CFTE among categories of income when the that the apportionment rule in § 1.904– attributable to an item of income income on which the foreign tax is 6(a)(1)(ii), which apportions foreign recognized in the prior year for U.S. tax imposed includes income in more than taxes among categories based on relative purposes related to, and thus must be one category. It also provides special amounts of net income as determined allocated in accordance with, the rules for allocating a foreign tax that is under foreign law, applies for purposes income allocated under the partnership imposed on an item that would be of apportioning taxes among the agreement in the prior year. income under U.S. tax principles in categories of income created by the Upon further consideration, the IRS another year (timing difference) or an partnership agreement. Commentators and the Treasury Department have item that does not constitute income recommended that the related party concluded that relating foreign taxes under U.S. tax principles (base interest expense rule be disregarded for paid or accrued in one year to income differences). purposes of the apportionment rule. recognized for U.S. tax purposes in A number of comments were received In response to these comments, the another year would be difficult for requesting clarification of the § 1.904–6 final regulations clarify that the taxpayers to comply with and for the principles that apply for purposes of principles of § 1.904–6(a)(1)(ii) require a IRS to administer. In many instances, it

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would be difficult to identify accurately attributable to a base difference is the partners’ distributive shares of the extent of timing differences and the allocated and apportioned to the CFTE income, the allocation of CFTEs should years in which such differences would category that includes the partnership be respected if made in proportion to be reversed. Moreover, where income items attributable to the activity with income allocations that reflect such allocations change from year to year, it respect to which the creditable foreign payments. The final regulations do not often would be impossible for tax is imposed. Thus, the final adopt this comment, as the approach partnerships to determine how the regulations adopt similar rules for suggested by these commentators would partners would share related U.S. dealing with timing and base require taxpayers and the IRS to identify income in subsequent years. differences. These changes are intended the inter-branch payments and relate Accordingly, the final regulations to provide greater certainty for taxpayers such amounts to items of income of the provide for a more administrable rule and simplify the administration of the payor and to CFTEs imposed on the that requires the partnership to allocate safe harbor. recipient to substantiate that CFTEs of a CFTE attributable to a timing 4. Inter-Branch Transactions the payor and recipient were properly difference among the partners in the allocated. The IRS and the Treasury same proportions as the allocations of Several commentators requested Department concluded that this income recognized for U.S. tax purposes additional guidance regarding the approach would be difficult to in the relevant CFTE category in the application of the final regulations to administer and was therefore ill-suited year such taxes are paid or accrued. See transactions between branches to inclusion in a safe harbor. See the paragraph (b)(5) Example 23 (reflecting (including disregarded entities owned discussion at section E under ‘‘Partners’ modifications to Example 27 in the by the partnership) that are disregarded Interests in the Partnership’’ for cases in temporary and proposed regulations). for U.S. tax purposes. In response to this which the partnership agreement This approach should result in comment, the final regulations provide allocates partnership items of income to allocations of CFTEs that are generally that if a branch of the partnership reflect inter-branch payments. in proportion to the partners’ (including a disregarded entity owned distributive shares of U.S. taxable by the partnership) is required to E. Partners’ Interests in the Partnership include in income under foreign law a income over time, and therefore is Some commentators suggested that consistent with the underlying purposes payment (inter-branch payment) it allocations of CFTEs that are not of the foreign tax credit rules to mitigate receives from the partnership or another proportionate to allocations of the double taxation. See the discussion at branch of the partnership, any CFTE related income (and therefore fail to section E in this preamble under imposed with respect to the payment satisfy the safe harbor) will nevertheless ‘‘Partners’ Interests in the Partnership’’ relates to the income in the CFTE be valid as in accordance with the for cases in which the partnership category that includes the items partners’ interests in the partnership agreement allocates CFTEs attributable attributable to the recipient. In cases standard of § 1.704–1(b)(3). According to a timing difference among the where the partnership agreement results to these commentators, the partners’ partners in proportion to allocations of in more than one CFTE category with interests in the partnership with respect U.S. income in an earlier or later year respect to the recipient, such tax is when the income with respect to which allocated to the CFTE category that to a CFTE are conclusively determined the foreign tax is imposed is recognized includes the items attributable to the by the manner in which the CFTE is for U.S. tax purposes. activity to which the inter-branch allocated under the partnership In addition, the final regulations payment relates. A similar rule applies agreement. The IRS and the Treasury expressly incorporate the timing to payments received by the partnership Department believe that this view of the difference rule of § 1.904–6(a)(1)(iv). from a branch of the partnership. This partners’ interests in the partnership is Therefore, a CFTE attributable to a rule is consistent with the timing and incorrect, particularly in the context of timing difference is allocated to the base difference rules in the final a CFTE that is allocated to a partner CFTE category to which the income regulations because it associates foreign who can use the associated foreign tax would be assigned if the income were tax imposed on the recipient with net credit. In such a situation, the partner is recognized for U.S. tax purposes in the income of the recipient as determined relieved of a corresponding amount of year in which the foreign tax is under U.S. tax principles, U.S. tax, and thus does not bear the imposed. notwithstanding differences in U.S. and economic burden of the CFTE. Because foreign tax rules. Like the timing and of this lack of economic burden, the 3. Base Differences base difference rules, this rule avoids allocation of the CFTE is meaningless in A base difference arises when an item the need for complex tracing rules. the determination of the partners’ subject to foreign tax is not income It is possible that this approach might interests in the partnership with respect under U.S. tax principles. Several result in distortions of the effective to the CFTE and with respect to any commentators observed that the base foreign tax rates on the partners’ other partnership item that has a difference rule under § 1.904–6(a)(1)(iv) distributive shares of income in certain material effect on the amount of CFTE provides little indication of how a CFTE cases. Nevertheless, the IRS and the that would be allocated to a partner attributable to a base difference should Treasury Department have concluded under the safe harbor of the final be allocated for purposes of the safe that imposing a requirement to trace regulations. Consequently, the final harbor. The IRS and the Treasury taxes imposed on the recipient with regulations clarify that in determining Department agree that this issue should respect to such inter-branch payments the partners’ interests in the partnership be clarified. In the absence of any to income recognized under U.S. tax with respect to an allocation of a income to which such a CFTE relates, principles by the payor would be partnership item, the allocation of the the final regulations provide that a difficult for taxpayers to comply with CFTE itself must be disregarded. This CFTE attributable to a base difference is and for the IRS to administer. rule does not apply where the partners related to the income recognized for Some commentators recommended to whom the taxes are allocated U.S. tax purposes in the relevant CFTE that at least in cases where the income reasonably expect to claim a deduction category in the year such taxes are paid allocations take such inter-branch for such taxes in determining their U.S. or accrued. For this purpose, a CFTE payments into account in determining tax liabilities.

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As indicated in the preamble to the principles of the proposed and ultimate beneficial ownership over a temporary regulations, the IRS and the temporary regulations, the final three-year period. The commentator also Treasury Department believe that only regulations clarify that the IRS generally requested that the final regulations in unusual circumstances (such as will not reallocate other partnership include a rule providing transition relief where the CFTEs are deducted and not items in the year in which a CFTE is to partnerships owned by related parties credited) will allocations that fail to reallocated. See paragraph (b)(5) who collectively have the power to satisfy the safe harbor be in accordance Example 25 (ii). This treatment is also amend the partnership agreement only with the partners’ interests in the consistent with the results arising from in a way that does not adversely impact partnership. As discussed in this and approach taken with respect to unrelated partners. preamble, for administrative reasons, reallocations of other items of income, After careful consideration of these the final regulations do not adopt a gain, loss or deduction that are not comments, the IRS and the Treasury tracing approach for timing differences sustained under section 704(b). The IRS Department have decided not to expand or inter-branch payments. Allocations of and the Treasury Department believe the transition relief described in the foreign taxes in such situations that are the parties and not the government proposed and temporary regulations. based on a tracing approach may should determine what allocations Accordingly, the final regulations do not constitute an unusual situation where should be changed to reflect their adopt these comments. the safe harbor is not satisfied, but the economic arrangement. G. Other Comments allocations are in accordance with the F. Effective Date and Transition Rule partners’ interests in the partnership. One commentator suggested that When a CFTE is attributable to a The provisions of these final where the partners are unrelated, the timing difference, the CFTE category to regulations generally apply for safe harbor should permit the which the CFTE is allocated may or may partnership taxable years beginning on partnership to allocate CFTEs in the not have income for U.S. tax purposes or after October 19, 2006. A transition same proportion as all other partnership in the year the foreign tax is paid or rule is provided for existing expenses (rather than in proportion to accrued. In either case, allocations of partnerships. Under the transition rule, related income). Section 1.704– such CFTEs that are proportionate to if a partnership agreement was entered 1(b)(4)(ii) requires partnership credits to allocations of the income at the time into before April 21, 2004, then the be allocated in the same proportions as such income is recognized for U.S. tax partnership may apply the provisions of items giving rise to the credits. purposes may not qualify for safe harbor § 1.704–1(b) as if the amendments made Allocating CFTEs in proportion to other treatment, but nonetheless be in by these final regulations had not partnership expenses would be accordance with the partners’ interests occurred. If the partnership agreement is inconsistent with § 1.704–1(b)(4)(ii). in the partnership. materially modified on or after April 21, Moreover, such an approach would Allocations of CFTEs imposed on the 2004, however, transition relief is no result in the inappropriate separation of payor of an inter-branch payment may longer afforded, and the rules of CFTEs from the income to which such fail the safe harbor, but nonetheless be § 1.704–1T(b)(4)(xi) or these final CFTEs relate. Thus, the final regulations in accordance with the partners’ regulations apply, depending upon the do not incorporate this comment. interests in the partnership if the date on which the material modification The temporary and proposed allocations of the CFTEs are in the same occurs and the tax year at issue. For this regulations provided that the safe harbor proportions as the allocations of the purpose, a material modification is available if the partnership agreement income of the payor, other than income includes any change in ownership of the satisfied the requirements of § 1.704– that is eliminated from the foreign tax partnership. This transition rule does 1(b)(2)(ii)(b) or (d) (capital account base because the inter-branch payment not apply if, as of April 20, 2004, maintenance, liquidation according to is deductible under foreign law. See persons that are related to each other capital accounts, and either deficit paragraph (b)(5) Example 24 (iv). (within the meaning of sections 267(b) restoration obligation or qualified Similarly, allocations of CFTEs imposed and 707(b)) collectively have the power income offsets) and the partnership on the recipient with respect to an inter- to amend the partnership agreement agreement provided for the allocation of branch payment may fail the safe without the consent of any unrelated the CFTE in proportion to the partner’s harbor, but nonetheless be in party. However, taxpayers may rely on distributive share of partnership accordance with the partners’ interests the provisions of paragraph (b)(4)(viii) income. Commentators suggested that in the partnership, if such allocations of this section for partnership taxable the safe harbor also should be available are proportionate to the allocations of years beginning on or after April 21, if the partnership allocations satisfy the income recognized for U.S. tax purposes 2004. economic effect equivalence standard of out of which the payment is made. See As stated in this preamble, the § 1.704–1(b)(2)(ii)(i). paragraph (b)(5) Example 24 (iii). temporary and proposed regulations The purpose of the safe harbor is to Several commentators also requested included a limited transition relief provide assurance that allocations of guidance regarding whether a provision which ceases to apply upon a CFTEs will be respected if the CFTEs reallocation of CFTEs will cause the IRS material modification of the partnership are allocated in proportion to the to reallocate other partnership items so agreement, including any change in income to which such CFTEs relate. that the partners’ ending capital account ownership. In addition, transition relief This purpose is satisfied as long as balances will remain unchanged. If the was not provided to partnerships owned CFTEs are allocated in proportion to reallocation of the CFTEs causes the by related parties who collectively have valid allocations of net income, partners’ capital accounts not to reflect the power to amend the partnership regardless of whether the partnership their contemplated economic agreement. One commentator requested maintains capital accounts or liquidates arrangement, the partners may need to that the IRS and the Treasury in accordance with them. Accordingly, reallocate other partnership items to Department consider modifying the the final regulations adopt these ensure the tax consequences of the transition relief provision to indicate comments by eliminating the partnership allocations are consistent that a change in ownership is not a requirement that the partnership with their contemplated economic material modification unless there is allocations satisfy the requirements of arrangement. Consistent with the more than a 50 percent change in § 1.704–1(b)(2)(ii)(b) or (d), and instead

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condition eligibility for the safe harbor and the Treasury Department agree. and the Treasury Department on the validity of income allocations, as Accordingly, the final regulations allow participated in its development. described in this preamble. safe harbor treatment if the CFTE is List of Subjects in 26 CFR Part 1 One commentator suggested that the allocated (whether or not pursuant to an final regulations clarify that the express provision in the partnership Income taxes, Reporting and underlying allocation of income to agreement) and reported on the recordkeeping requirements. partnership return in proportion to the which the foreign tax relates itself must Adoption of Amendments to the distributive shares of income to which be valid in order to qualify for the safe Regulations harbor. The commentator pointed out the CFTE relates. I that an income allocation may be valid Special Analyses Accordingly, 26 CFR part 1 is because it has substantial economic amended as follows: It has been determined that this effect, or because it is in accordance Treasury Decision is not a significant with (or is deemed to be in accordance PART 1—INCOME TAXES regulatory action as defined in with) the partners’ interests in the Executive Order 12866. Therefore, a I Paragraph 1. The authority citation partnership. If income allocations are regulatory assessment is not required. It for part 1 continues to read, in part, as not valid, allocations of CFTEs based on also has been determined that section follows: such allocations will not be in 553(b) of the Administrative Procedure proportion to the income to which the Authority: 26 U.S.C. 7805 * * * Act (5 U.S.C. chapter 5) does not apply CFTEs relate. Accordingly, it is to these regulations, and because these I Par. 2. Section 1.704–1 is amended as appropriate to clarify that the regulations do not impose on small follows: allocations of other items must be valid. entities a collection of information I 1. Paragraph (b)(0) is amended by However, the IRS and the Treasury requirement, the Regulatory Flexibility redesignating the entry in the table of Department believe that invalid Act (5 U.S.C. chapter 6) does not apply. contents for § 1.704–1(b)(4)(xi) as the allocations of other items should not Therefore, a Regulatory Flexibility entry for § 1.704–1(b)(4)(viii) and by disqualify allocations of CFTEs for safe Analysis is not required. Pursuant to adding entries following the entry for harbor treatment unless the invalid section 7805(f) of the Internal Revenue § 1.704–1(b)(4)(viii). The entries for allocations, in the aggregate, materially Code, the notice of rulemaking §§ 1.704–1(b)(4)(ix) and 1.704–1(b)(4)(x) affect the allocation of CFTEs. preceding these regulations was are removed. Therefore, the final regulations provide submitted to the Chief Counsel for I 2. The heading and text of paragraphs that allocations of CFTEs may qualify Advocacy of the Small Business (b)(1)(ii)(b), and (b)(5) Examples 25 for safe harbor treatment so long as Administration for comment on its through 28 are revised. allocations of all other partnership items impact on small business. I 3. Paragraphs (b)(3)(iv) and (b)(4)(viii), that, in the aggregate, have a material and paragraph (b)(5) Examples 20 Drafting Information effect on the amount of CFTEs allocated through 24 are added. to the partners are valid. The principal authors of this I 4. Paragraph (b)(4)(xi) is removed. Commentators suggested that the safe regulation are Timothy J. Leska, Office The additions and revisions read as harbor should be available if the of the Associate Chief Counsel follows: partnership agreement is silent with (Passthroughs & Special Industries) and regard to the allocation of CFTEs, but Michael I. Gilman, Office of the § 1.704–1 Partner’s distributive share. actual allocations of CFTEs are made in Associate Chief Counsel (International). * * * * * proportion to related income. The IRS However, other personnel from the IRS (b) * * * (0) * * *

Heading Section

******* Allocation of creditable foreign taxes ...... 1.704–1(b)(4)(viii) In general ...... 1.704–1(b)(4)(viii)(a) Creditable foreign tax expenditures (CFTEs) ...... 1.704–1(b)(4)(viii)(b) Income to which CFTEs relate ...... 1.704–1(b)(4)(viii)(c) In general ...... 1.704–1(b)(4)(viii)(c)(1) CFTE category ...... 1.704–1(b)(4)(viii)(c)(2) Net income in a CFTE category ...... 1.704–1(b)(4)(viii)(c)(3) Distributive shares of income ...... 1.704–1(b)(4)(viii)(c)(4) No net income in a CFTE category ...... 1.704–1(b)(4)(viii)(c)(5) Allocation and apportionment of CFTEs to CFTE categories ...... 1.704–1(b)(4)(viii)(d) In general ...... 1.704–1(b)(4)(viii)(d)(1) Timing and base differences ...... 1.704–1(b)(4)(viii)(d)(2) Special rules for inter-branch payments ...... 1.704–1(b)(4)(viii)(d)(3)

* * * * * apply for partnership taxable years 19, 2006 (see 26 CFR part 1 revised as (1) * * * beginning on or after October 19, 2006. of April 1, 2005). However, taxpayers (ii) * * * The rules that apply to allocations of may rely on the provisions of (b) Rules relating to foreign tax creditable foreign taxes made in paragraphs (b)(3)(iv) and (b)(4)(viii) of expenditures—(1) In general. The partnership taxable years beginning this section for partnership taxable years provisions of paragraphs (b)(3)(iv) and before October 19, 2006 are contained in beginning on or after April 21, 2004. (b)(4)(viii) of this section (regarding the §§ 1.704–1T(b)(1)(ii)(b)(1) and 1.704– (2) Transition rule. Transition relief is allocation of creditable foreign taxes) 1T(b)(4)(xi) as in effect prior to October provided herein to partnerships whose

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agreements were entered into prior to (1) The CFTE is allocated (whether or income from each activity or group of April 21, 2004. In such case, if there has not pursuant to an express provision in activities that is subject to a different been no material modification to the the partnership agreement) and reported allocation shall be treated as net income partnership agreement on or after April on the partnership return in proportion (or loss) in a separate CFTE category. 21, 2004, then the partnership may to the distributive shares of income to (ii) Different allocations. Different apply the provisions of paragraph (b) of which the CFTE relates; and allocations of net income (or loss) this section as if the amendments made (2) Allocations of all other partnership generally will result from provisions of by paragraphs (b)(3)(iv) and (b)(4)(viii) items that, in the aggregate, have a the partnership agreement providing for of this section had not occurred. If the material effect on the amount of CFTEs different sharing ratios for net income partnership agreement was materially allocated to a partner pursuant to (or loss) from separate activities. modified on or after April 21, 2004, then paragraph (b)(4)(viii)(a)(1) of this Different allocations of net income (or the rules provided in paragraphs section are valid. loss) from separate activities generally (b)(3)(iv) and (b)(4)(viii) of this section (b) Creditable foreign tax will also result if any partnership item shall apply to the later of the taxable expenditures (CFTEs). For purposes of is shared in a different ratio than any year beginning on or after October 19, this section, a CFTE is a foreign tax paid other partnership item. A guaranteed 2006 or the taxable year within which or accrued by a partnership that is payment described in paragraph the material modification occurred, and eligible for a credit under section 901(a) (b)(4)(viii)(c)(3)(ii) of this section, gross to all subsequent taxable years. If the or an applicable U.S. income tax treaty. income allocation, or other preferential partnership agreement was materially A foreign tax is a CFTE for these allocation will result in different modified on or after April 21, 2004, and purposes without regard to whether a allocations of net income (or loss) from before a tax year beginning on or after partner receiving an allocation of such separate activities only if the amount of October 19, 2006, see §§ 1.704– foreign tax elects to claim a credit for the payment or the allocation is 1T(b)(1)(ii)(b)(1) and 1.704–1T(b)(4)(xi) such tax. Foreign taxes paid or accrued determined by reference to income from as in effect prior to October 19, 2006 (26 by a partner with respect to a less than all of the partnership’s CFR part 1 revised as of April 1, 2005). distributive share of partnership activities. For purposes of this For purposes of this paragraph income, and foreign taxes deemed paid paragraph (b)(4)(viii)(c)(2), a partnership (b)(1)(ii)(b)(2), any change in ownership under section 902 or 960 by a corporate item shall not include any item that is constitutes a material modification to partner with respect to stock owned, excluded from income attributable to an the partnership agreement. This directly or indirectly, by or for a activity pursuant to the second sentence transition rule does not apply to any partnership, are not taxes paid or of paragraph (b)(4)(viii)(c)(3)(ii) of this taxable year (and all subsequent taxable accrued by a partnership and, therefore, section (relating to allocations or are not CFTEs subject to the rules of this years) in which persons that are related payments that result in a deduction section. See paragraphs (e) and (f) of to each other (within the meaning of under foreign law). § 1.901–2 for rules for determining (iii) Activity. Whether a partnership section 267(b) and 707(b)) collectively when and by whom a foreign tax is paid has one or more activities, and the scope have the power to amend the or accrued. of each activity, shall be determined in partnership agreement without the (c) Income to which CFTEs relate—(1) a reasonable manner taking into account consent of any unrelated party. In general. For purposes of paragraph all the facts and circumstances. In * * * * * (b)(4)(viii)(a) of this section, CFTEs are evaluating whether aggregating or (3) * * * related to net income in the disaggregating income from particular (iv) Special rule for creditable foreign partnership’s CFTE category or business or investment operations tax expenditures. In determining categories to which the CFTE is constitutes a reasonable method of whether an allocation of a partnership allocated and apportioned in determining the scope of an activity, the item is in accordance with the partners’ accordance with the rules of paragraph principal consideration is whether the interests in the partnership, the (b)(4)(viii)(d) of this section. Paragraph proposed determination has the effect of allocation of the creditable foreign tax (b)(4)(viii)(c)(2) of this section provides separating CFTEs from the related expenditure (CFTE) (as defined in rules for determining a partnership’s foreign income. Accordingly, relevant paragraph (b)(4)(viii)(b) of this section) CFTE categories. Paragraph considerations include whether the must be disregarded. This paragraph (b)(4)(viii)(c)(3) of this section provides partnership conducts business in more (b)(3)(iv) shall not apply to the extent rules for determining the net income in than one geographic location or through the partners to whom such taxes are each CFTE category. Paragraph more than one entity or branch, and allocated reasonably expect to claim a (b)(4)(viii)(c)(4) of this section provides whether certain types of income are deduction for such taxes in determining guidance in determining a partner’s exempt from foreign tax or subject to their U.S. tax liabilities. distributive share of income in a CFTE preferential foreign tax treatment. In (4) * * * category. Paragraph (b)(4)(viii)(c)(5) of addition, income from a divisible part of (viii) Allocation of creditable foreign this section provides a special rule for a single activity shall be treated as taxes—(a) In general. Allocations of allocating CFTEs when a partnership income from a separate activity if creditable foreign taxes do not have has no net income in a CFTE category. necessary to prevent separating CFTEs substantial economic effect within the (2) CFTE category—(i) Income from from the related foreign income. The meaning of paragraph (b)(2) of this activities. A CFTE category is a category partnership’s activities must be section and, accordingly, such of net income (or loss) attributable to determined consistently from year to expenditures must be allocated in one or more activities of the year absent a material change in facts accordance with the partners’ interests partnership. Net income (or loss) from and circumstances. in the partnership. See paragraph all the partnership’s activities shall be (3) Net income in a CFTE category— (b)(3)(iv) of this section. An allocation of included in a single CFTE category (i) In general. The net income in a CFTE a creditable foreign tax expenditure unless the allocation of net income (or category means the net income for U.S. (CFTE) will be deemed to be in loss) from one or more activities differs Federal income tax purposes, accordance with the partners’ interests from the allocation of net income (or determined by taking into account all in the partnership if— loss) from other activities, in which case partnership items attributable to the

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relevant activity or group of activities, paragraph (b)(5) Example 27 of this other net income. If any CFTE is not including items of gross income, gain, section. allocated pursuant to the above loss, deduction, and expense and items (4) Distributive shares of income. For provisions of this paragraph then the allocated pursuant to section 704(c). purposes of paragraph (b)(4)(viii)(a)(1) CFTE must be allocated in proportion to The items of gross income attributable of this section, distributive share of the partners’ outstanding capital to an activity shall be determined in a income means the net income from each contributions. consistent manner under any reasonable CFTE category, determined in (d) Allocation and apportionment of method taking into account all the facts accordance with paragraph CFTEs to CFTE categories—(1) In and circumstances. Except as otherwise (b)(4)(viii)(c)(3) of this section, that is general. CFTEs are allocated and provided below, expenses, losses or allocated to a partner. A guaranteed apportioned to CFTE categories in other deductions shall be allocated and payment shall be treated as a accordance with the principles of apportioned to gross income attributable distributive share of income for § 1.904–6. Under these principles, a to an activity in accordance with the purposes of paragraph (b)(4)(viii)(a)(1) CFTE is related to income in a CFTE of this section to the extent that the category if the income is included in the rules of §§ 1.861–8 and 1.861–8T. Under guaranteed payment is treated as base upon which the foreign tax is these rules, if an expense, loss or other income attributable to an activity imposed. In accordance with § 1.904– deduction is allocated to gross income pursuant to paragraph 6(a)(1)(ii) as modified by this paragraph from more than one activity, such (b)(4)(viii)(c)(3)(ii) of this section. See (b)(4)(viii)(d), if the foreign tax base expense, loss or deduction must be paragraph (b)(5) Example 25 (iv) of this includes income in more than one CFTE apportioned among each such activity section. If more than one partner category, the CFTEs are apportioned using a reasonable method that reflects receives positive income allocations among the CFTE categories based on the to a reasonably close extent the factual (income in excess of expenses) from a relative amounts of taxable income relationship between the deduction and CFTE category, which in the aggregate computed under foreign law in each the gross income from such activities. exceed the total net income in the CFTE CFTE category. For purposes of this See § 1.861–8T(c). For purposes of category, then for purposes of paragraph paragraph (b)(4)(viii)(d), references in determining net income in a CFTE (b)(4)(viii)(a)(1) of this section such § 1.904–6 to a separate category or category, the partnership’s interest partner’s distributive share of income separate categories shall mean ‘‘CFTE expense and research and experimental from the CFTE category shall equal the category’’ or ‘‘CFTE categories’’ and the expenditures described in section 174 partner’s positive income allocation rules in § 1.904–6(a)(1)(ii) are modified may be allocated and apportioned under from the CFTE category, divided by the as follows: any reasonable method, including but aggregate positive income allocations (i) The related party interest expense not limited to the methods prescribed in from the CFTE category, multiplied by rule in § 1.904–6(a)(1)(ii) shall not apply § 1.861–9 through § 1.861–13T (interest the net income in the CFTE category. in determining the amount of taxable expense) and § 1.861–17 (research and (5) No net income in a CFTE category. income computed under foreign law in experimental expenditures). For If a CFTE is allocated or apportioned to a CFTE category. purposes of determining the net income a CFTE category that does not have net (ii) If foreign law does not provide for attributable to any activity of a branch, income for the year in which the foreign the direct allocation or apportionment the only items of gross income taken tax is paid or accrued, the CFTE shall of expenses, losses or other deductions into account in applying this paragraph be deemed to relate to the aggregate of allowed under foreign law to a CFTE (b)(4)(viii)(c)(3) are those items of gross the net income (disregarding net losses) category of income, then such expenses, income recognized by the branch for recognized by the partnership in that losses or other deductions must be U.S. income tax purposes. See CFTE category in each of the three allocated and apportioned to gross paragraph (b)(5) Example 24 of this preceding taxable years. Accordingly, income as determined under foreign law section (relating to inter-branch except as provided below, such CFTE in a manner that is consistent with the payments). must be allocated in the current taxable allocation and apportionment of such year in the same proportion as the items for purposes of determining the (ii) Special rules. Income attributable allocation of the aggregate net income net income in the CFTE categories for to an activity shall include the amount for the prior three-year period in order U.S. tax purposes pursuant to paragraph included in a partner’s income as a to satisfy the requirements of paragraph (b)(4)(viii)(c)(3) of this section. guaranteed payment (within the (b)(4)(viii)(a)(1) of this section. If the (2) Timing and base differences. A meaning of section 707(c)) from the partnership does not have net income in foreign tax imposed on an item that partnership to the extent that the the applicable CFTE category in either would be income under U.S. tax guaranteed payment is not deductible the current year or any of the previous principles in another year (a timing by the partnership under foreign law. three taxable years, the CFTE must be difference) is allocated to the CFTE See paragraph (b)(5) Example 25 (iv) of allocated in the same proportion that category that would include the income this section. Except for an inter-branch the partnership reasonably expects to if the income were recognized for U.S. payment described in paragraph allocate the aggregate net income tax purposes in the year in which the (b)(4)(viii)(d)(3) of this section, income (disregarding net losses) in the CFTE foreign tax is imposed. A foreign tax attributable to an activity shall not category for the succeeding three taxable imposed on an item that would not include an item of partnership income years. If the partnership does not constitute income under U.S. tax to the extent the allocation of such item reasonably expect to have net income in principles in any year (a base difference) of income (or payment thereof) results the CFTE category for the succeeding is allocated to the CFTE category that in a deduction under foreign law. See three years and the partnership has net includes the partnership items paragraph (b)(5) Example 25 (iii) and income in one or more other CFTE attributable to the activity with respect (iv) of this section. Similarly, income categories for the year in which the to which the foreign tax is imposed. See attributable to an activity shall not foreign tax is paid or accrued, the CFTE paragraph (b)(5) Example 23 of this include net income that foreign law shall be deemed to relate to such other section. would exclude from the foreign tax base net income and must be allocated in (3) Special rules for inter-branch as a result of the status of a partner. See proportion to the allocations of such payments. Notwithstanding any other

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provision of this paragraph (d), the rules the net income in the passive investments attributable to business N. Under paragraph of this paragraph (b)(4)(viii)(d)(3) shall CFTE category is the $30,000 attributable to (b)(4)(viii)(d) of this section, the $40,000 of apply if a branch (including an entity the passive investments. Under paragraph country X taxes is allocated to the business described in § 301.7701–2(c)(2)(i) of this (b)(4)(viii)(d) of this section, the $40,000 of M CFTE category and the $10,000 of country country X taxes is allocated to the business Y taxes is allocated to the business N CFTE chapter) of the partnership is required to M CFTE category and no portion of the category. Therefore, the $40,000 of country X include in income under foreign law a country X taxes is allocated to the passive taxes are related to the $100,000 of net payment it receives from another branch investments CFTE category. Therefore, the income in the business M CFTE category and of the partnership. The foreign tax $40,000 of country X taxes are related to the the $10,000 of country Y taxes are related to imposed on such payments (‘‘inter- $100,000 of net income in the business M the $50,000 of net income in the business N branch payments’’) is allocated to the CFTE category. See paragraph CFTE category. See paragraph CFTE category that includes the items (b)(4)(viii)(c)(1) of this section. Because AB’s (b)(4)(viii)(c)(1) of this section. Because AB’s attributable to the relevant activities of partnership agreement allocates the net partnership agreement allocates the $40,000 income from the business M CFTE category of country X taxes in the same proportion as the recipient branch. In cases where the 60 percent to A and 40 percent to B, and the the net income in the business M CFTE partnership agreement results in more country X taxes 60 percent to A and 40 category, and the $10,000 of country Y taxes than one CFTE category with respect to percent to B, the allocations of the CFTEs are in the same proportion as the net income in activities of the recipient branch, such in proportion to the distributive shares of the business N CFTE category, the allocations tax is allocated to the CFTE category income to which the CFTEs relate. Because of the country X taxes and the country Y that includes the items attributable to AB satisfies the requirement of paragraph taxes are in proportion to the distributive the activity to which the inter-branch (b)(4)(viii) of this section, the allocations of shares of income to which the foreign taxes payment relates. The rules of this the country X taxes are deemed to be in relate. Because AB satisfies the requirements accordance with the partners’ interests in the of paragraph (b)(4)(viii) of this section, the paragraph (b)(4)(viii)(d)(3) shall also partnership. Because the business M income allocations of the country X and country Y apply to payments between a is general limitation income, all $40,000 of taxes are deemed to be in accordance with partnership and a branch of the taxes are attributable to the general limitation the partners’ interests in the partnership. partnership. See paragraph (b)(5) category. See § 1.904–6. Example 22. (i) The facts are the same as Example 24 of this section. Example 21. (i) A and B form AB, an in Example 21, except that the partnership * * * * * eligible entity (as defined in § 301.7701–3(a) agreement provides for the following (xi) [Reserved]. of this chapter), treated as a partnership for allocations. Depreciation attributable to U.S. tax purposes. AB operates business M in machine X, which is used in business M, is (5) * * * country X and business N in country Y. allocated 100 percent to A. B is allocated the Example 20. (i) A and B form AB, an Country X imposes a 40 percent tax on first $20,000 of gross income attributable to eligible entity (as defined in § 301.7701–3(a) business M income, country Y imposes a 20 business N, which allocation does not result of this chapter), treated as a partnership for percent tax on business N income, and the in a deduction under foreign law. All U.S. tax purposes. AB operates business M in country X and country Y taxes are CFTEs. In remaining items, except CFTEs, are allocated country X and earns income from passive 2007, AB has $100,000 of income from 50 percent to A and 50 percent to B. For investments in country X. Country X imposes business M and $50,000 of income from 2007, assume that business M generates a 40 percent tax on business M income, business N. Country X imposes $40,000 of $120,000 of income, before taking into which tax is a CFTE, but exempts from tax tax on the income from business M and account depreciation attributable to machine income from passive investments. In 2007, country Y imposes $10,000 of tax on the X. The total amount of depreciation AB earns $100,000 of income from business income of business N. Pursuant to the attributable to machine X is $20,000, which M and $30,000 from passive investments and partnership agreement, all partnership items, results in $100,000 of net income attributable pays or accrues $40,000 of country X taxes. including CFTEs, from business M are to business M for U.S. and country X tax For purposes of section 904(d), the income allocated 75 percent to A and 25 percent to purposes. Business N generates $70,000 of from business M is general limitation income B, and all partnership items, including gross income and has $20,000 of expenses, and the income from the passive investments CFTEs, from business N are split evenly resulting in $50,000 of net income for U.S. is passive income. Pursuant to the between A and B (50 percent each). and country Y tax purposes. Pursuant to the partnership agreement, all partnership items, Accordingly, A is allocated 75 percent of the partnership agreement, A is allocated including CFTEs, from business M are income from business M ($75,000), 75 $40,000 of the net income attributable to allocated 60 percent to A and 40 percent to percent of the country X taxes ($30,000), 50 business M ($60,000 of business M income B, and all partnership items, including percent of the income from business N less $20,000 of depreciation attributable to CFTEs, from passive investments are ($25,000), and 50 percent of the country Y machine X), and $15,000 of the net income allocated 80 percent to A and 20 percent to taxes ($5,000). B is allocated 25 percent of attributable to business N. B is allocated B. Accordingly, A is allocated 60 percent of the income from business M ($25,000), 25 $60,000 of the net income attributable to the business M income ($60,000) and 60 percent of the country X taxes ($10,000), 50 business M and $35,000 of the net income percent of the country X taxes ($24,000), and percent of the income from business N attributable to business N ($20,000 of gross B is allocated 40 percent of the business M ($25,000), and 50 percent of the country Y income, plus $15,000 of net income). income ($40,000) and 40 percent of the taxes ($5,000). Assume that allocations of all (ii) As a result of the special allocations, country X taxes ($16,000). The income from items other than CFTEs are valid. The the net income attributable to business M the passive investments is allocated $24,000 income from business M and business N is ($100,000) is allocated 40 percent to A and to A and $6,000 to B. Assume that allocations general limitation income for purposes of 60 percent to B. The net income attributable of all items other than CFTEs are valid. section 904(d). to business N ($50,000) is allocated 30 (ii) Because the partnership agreement (ii) Because the partnership agreement percent to A and 70 percent to B. Because the provides for different allocations of the net provides for different allocations of the net partnership agreement provides for different income attributable to business M and the income attributable to businesses M and N, allocations of the net income attributable to passive investments, the net income the net income attributable to each business businesses M and N, the net income from attributable to each is income in a separate is income in a separate CFTE category even each of businesses M and N is income in a CFTE category. See paragraph though all of the income is in the general separate CFTE category. See paragraph (b)(4)(viii)(c)(2) of this section. AB must limitation category for section 904(d) (b)(4)(viii)(c)(2) of this section. Under determine the net income in each CFTE purposes. See paragraph (b)(4)(viii)(c)(2) of paragraph (b)(4)(viii)(c)(3) of this section, the category and the CFTEs allocable to each this section. Under paragraph (b)(4)(viii)(c)(3) net income in the business M CFTE category CFTE category. Under paragraph of this section, the net income in the business is the $100,000 of net income attributable to (b)(4)(viii)(c)(3) of this section, the net M CFTE category is the $100,000 attributable business M and the net income in the income in the business M CFTE category is to business M and the net income in the business N CFTE category is the $50,000 of the $100,000 attributable to business M and business N CFTE category is $50,000 net income attributable to business N. Under

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paragraph (b)(4)(viii)(d)(1) of this section, the attributable to business N. See paragraph M CFTE category and $10,000 of the country $40,000 of country X taxes is allocated to the (b)(4)(viii)(c)(3) of this section. Under Y taxes is allocated to the business N CFTE business M CFTE category and the $10,000 paragraph (b)(4)(viii)(d)(1) of this section, category. Under paragraph (b)(4)(viii)(d)(3) of of country Y taxes is allocated to the business $20,000 of the country Y tax paid or accrued this section, the additional $15,000 of N CFTE category. Therefore, the $40,000 of in 2008 is allocated to the business N CFTE country Y tax imposed with respect to the country X taxes relates to the $100,000 of net category. The remaining $10,000 of country inter-branch payment is assigned to the income in the business M CFTE and the Y tax is allocated to the business N CFTE business N CFTE category. Therefore, the $10,000 of country Y taxes relates to the category under paragraph (b)(4)(viii)(d)(2) of $10,000 of country X taxes is related to the $50,000 of net income in the business N this section (relating to timing differences). $100,000 of net income in the business M CFTE category. See paragraph Therefore, the $30,000 of country Y taxes CFTE category and the $25,000 of country Y (b)(4)(viii)(c)(1) of this section. The paid or accrued by AB in 2008 is related to taxes is related to the $50,000 of net income allocations of the country X taxes will be in the $100,000 of net income in the business in the business N CFTE category. See proportion to the distributive shares of N CFTE category for 2008. See paragraph paragraph (b)(4)(viii)(c)(1) of this section. income to which they relate and will be (b)(4)(viii)(c)(1) of this section. Because AB’s Because AB’s partnership agreement deemed to be in accordance with the partnership agreement allocates the $40,000 allocates the $10,000 of country X taxes in partners’ interests in the partnership if such of country X taxes and the $30,000 of country the same proportion as the distributive shares taxes are allocated 40 percent to A and 60 Y taxes in proportion to the distributive of income to which the taxes relate and the percent to B. The allocations of the country shares of income to which the taxes relate, $25,000 of country Y taxes in the same Y taxes will be in proportion to the the allocations of the country X and country proportion as the distributive shares of distributive shares of income to which they Y taxes satisfy the requirements of income to which the taxes relate, AB satisfies relate and will be deemed to be in paragraphs (b)(4)(viii)(a)(1) and (2) of this the requirements of paragraph (b)(4)(viii) of accordance with the partners’ interests in the section and the allocations of the country X this section and the allocations of the country partnership if such taxes are allocated 30 and Y taxes are deemed to be in accordance X and country Y taxes are deemed to be in percent to A and 70 percent to B. with the partners’ interests in the partnership accordance with the partners’ interests in the (iii) Assume that for 2008, all the facts are under paragraph (b)(4)(viii) of this section. partnership. No inference is intended with the same as in paragraph (i) of this Example Example 24. (i) The facts are the same as respect to the application of other provisions 22, except that business M generates $60,000 in Example 21, except that businesses M and to arrangements that involve disregarded of income before taking into account N are conducted by entities (DE1 and DE2, payments. See paragraph (b)(1)(iii) of this depreciation attributable to machine X and respectively) that are corporations for section (relating to the effect of sections of country X imposes $16,000 of tax on the country X and Y tax purposes and the Internal Revenue Code other than section $40,000 of net income attributable to disregarded entities for U.S. tax purposes. 704(b)). business M. Pursuant to the partnership Also, assume that DE1 makes payments of (iii) Assume that the facts are the same as agreement, A is allocated 25 percent of the $75,000 during 2007 to DE2 that are paragraph (i) of this Example 24, except that income from business M ($10,000), and B is deductible by DE1 for country X tax purposes the partnership agreement provides that the allocated 75 percent of the income from and includible in income of DE2 for country $15,000 of country Y tax imposed with business M ($30,000). Allocations of the Y tax purposes. As a result of such payments, respect to the inter-branch payment is country X taxes will be in proportion to the DE1 has taxable income of $25,000 for allocated 75 percent to A ($11,250) and 25 distributive shares of income to which they country X purposes on which $10,000 of percent to B ($3,750) and that the remaining relate and will be deemed to be in taxes are imposed and DE2 has taxable $10,000 of country Y tax is allocated 50 accordance with the partners’ interests in the income of $125,000 for country Y purposes percent to A ($5,000) and 50 percent to B partnership if such taxes are allocated 25 on which $25,000 of taxes are imposed. For ($5,000). Thus, the country Y taxes are percent to A and 75 percent to B. U.S. tax purposes, $100,000 of AB’s income allocated 65 percent to A and 35 percent to Example 23. (i) The facts are the same as is attributable to the activities of DE1 and B while the income in the business N CFTE in Example 21, except that AB does not $50,000 of AB’s income is attributable to the category is allocated 50 percent to A and 50 actually receive the $50,000 of income activities of DE2. Pursuant to the partnership percent to B. The allocations of the country accrued in 2007 with respect to business N agreement, all partnership items, including Y tax are not deemed to be in accordance until 2008 and AB accrues and receives an CFTEs, from business M are allocated 75 with the partners’ interests because they are additional $100,000 with respect to business percent to A and 25 percent to B, and all not in proportion to the allocations of the N in 2008. Also assume that A, B, and AB partnership items, including CFTEs, from distributive shares of income from the each report taxable income on an accrual business N are split evenly between A and business N CFTE category. However, upon basis for U.S. tax purposes and AB reports B (50 percent each). Accordingly, A is sufficient substantiation that $15,000 of taxable income using the cash receipts and allocated 75 percent of the income from country Y tax paid by DE2 with respect to the disbursements method of accounting for business M ($75,000), 75 percent of the $75,000 inter-branch payment relates to country X and country Y purposes. In 2007, country X taxes ($7,500), 50 percent of the income that is recognized by DE1 for U.S. tax AB pays or accrues country X taxes of income from business N ($25,000), and 50 purposes, the allocations of the country Y $40,000. In 2008, AB pays or accrues country percent of the country Y taxes ($12,500). B taxes may be established to be actually in Y taxes of $30,000. Pursuant to the is allocated 25 percent of the income from accordance with the partners’ interests in the partnership agreement, in 2007, A is business M ($25,000), 25 percent of the partnership. The allocations of the $10,000 of allocated 75 percent of business M income country X taxes ($2,500), 50 percent of the country X taxes are deemed to be in ($75,000) and country X taxes ($30,000) and income from business N ($25,000), and 50 accordance with the partners’ interests in the 50 percent of business N income ($25,000). percent of the country Y taxes ($12,500). partnership because the country X taxes are B is allocated 25 percent of business M (ii) Because the partnership agreement allocated in the same proportion as the income ($25,000) and country X taxes provides for different allocations of the net distributive shares of income to which they ($10,000) and 50 percent of business N income attributable to businesses M and N, relate. income ($25,000). In 2008, A and B are each the net income attributable to each of (iv) Assume that the facts are the same as allocated 50 percent of the business N business M and business N is income in in paragraph (i) of this Example 24, except income ($50,000) and country Y taxes separate CFTE categories. See paragraph that in order to reflect the $75,000 payment ($15,000). (b)(4)(viii)(c)(2) of this section. Under from DE1 to DE2, the partnership agreement (ii) For 2007, the $40,000 of country X paragraph (b)(4)(viii)(c)(3) of this section, the allocates $75,000 of the income attributable taxes paid or accrued by AB relates to the $100,000 of net income attributable to to business M equally between A and B (50 $100,000 of net income in the business M business M is in the business M CFTE percent each). Therefore, the total income CFTE category. No portion of the country X category and the $50,000 of net income attributable to business M is allocated 56.25 taxes paid or accrued in 2007 relates to the attributable to business N is in the business percent to A (75 percent of $25,000 plus 50 $50,000 of net income in the business N N CFTE category. Under paragraph percent of $75,000) and 43.75 percent to B CFTE category. For 2008, the net income in (b)(4)(viii)(d)(1) of this section, the $10,000 of (25 percent of $25,000 and 50 percent of the business N CFTE category is the $100,000 country X taxes is allocated to the business $75,000). The allocation of the country X

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taxes (75 percent to A and 25 percent to B) the reallocation of the CFTEs causes the from the operation of business M. AB pays is not deemed to be in accordance with the partners’ capital accounts not to reflect their or accrues $80,000 of country X tax on such partners’ interests because it is not in contemplated economic arrangement, the income. Also in 2007, business N recognizes proportion to the allocations of the partners may need to reallocate other $100,000 of taxable income for U.S. and distributive shares of income from the partnership items to ensure that the tax country Y purposes and pays or accrues business M CFTE category. However, upon consequences of the partnership’s allocations $40,000 of country Y tax. Pursuant to the sufficient substantiation that all $10,000 of are consistent with their contemplated partnership agreement, A is allocated country X tax paid by DE1 relates to the economic arrangement over the term of the $200,000 of business M income ($150,000 of $25,000 of DE1’s income that is shared in the partnership. The Commissioner will not taxable income in accordance with section same 75–25 ratio, the allocations of the reallocate other partnership items after the 704(c) and $50,000 of other business M country X taxes may be established to be reallocation of the CFTEs. income) and $40,000 of country X tax, and actually in accordance with the partners’ (iii) The facts are the same as in paragraph 20 percent of both business N income interests in the partnership. The allocations (i) of this Example 25, except that the ($20,000) and country Y tax ($8,000). B is of the $25,000 of country Y taxes are deemed $100,000 allocation of gross income is allocated $200,000 of business M income and to be in accordance with the partners’ deductible under country X law and that AB $40,000 of country X tax and 80 percent of interests in the partnership because the pays or accrues $20,000 of foreign tax. Under both the business N income ($80,000) and country Y taxes are allocated in the same paragraph (b)(4)(viii)(c)(3) of this section, the country Y tax ($32,000). Assume that proportion as the distributive shares of net income in the single CFTE category is the allocations of all items other than CFTEs are income to which they relate. $100,000 of net income, determined by valid. Example 25. (i) A contributes $750,000 and disregarding the $100,000 of gross income (ii) The net income attributable to business B contributes $250,000 to form AB, an that is allocated to A and deductible in M ($400,000) is allocated 50 percent to A and eligible entity (as defined in § 301.7701–3(a) determining AB’s taxable income under the 50 percent to B while the net income of this chapter), treated as a partnership for law of country X. See paragraph attributable to business N ($100,000) is U.S. tax purposes. AB operates business M in (b)(4)(viii)(c)(3)(ii) of this section. The allocated 20 percent to A and 80 percent to country X. Country X imposes a 20 percent $20,000 of country X tax is allocated to the B. Because the partnership agreement tax on the net income from business M, single CFTE category, and, thus, related to provides for different allocations of the net which tax is a CFTE. In 2007, AB earns the $100,000 of net income in the single income attributable to businesses M and N, $300,000 of gross income, has deductible CFTE category. See paragraphs the net income attributable to each activity is expenses of $100,000, and pays or accrues (b)(4)(viii)(c)(1) and (d) of this section. No income in a separate CFTE category. See $40,000 of country X tax. Pursuant to the portion of the tax is related to the $100,000 paragraph (b)(4)(viii)(c)(2) of this section. partnership agreement, the first $100,000 of of gross income allocated to A. Pursuant to Under paragraph (b)(4)(viii)(c)(3) of this gross income each year is allocated to A as the partnership agreement, AB allocates the section, the net income in the business M a return on excess capital contributed by A. country X taxes 50 percent to A ($10,000) CFTE category is the $400,000 of net income All remaining partnership items, including and 50 percent to B ($10,000). AB’s attributable to business M and the net income CFTEs, are split evenly between A and B (50 allocations of country X taxes are deemed to in the business N CFTE category is the percent each). The gross income allocation is be in accordance with the partners’ interests $100,000 of net income attributable to not deductible in determining AB’s taxable in the partnership under paragraph business N. Under paragraph (b)(4)(viii)(d)(1) income under country X law. Assume that (b)(4)(viii) of this section. of this section, the $80,000 of country X tax allocations of all items other than CFTEs are (iv) The results in (ii) and (iii) of this is allocated to the business M CFTE category valid. Example 25 would be the same assuming all and the $40,000 of country Y tax is allocated (ii) AB has a single CFTE category because of the facts except that, rather than being a to the business N CFTE category. Therefore, all of AB’s net income is allocated in the preferential gross income allocation, the the $80,000 of country X tax relates to the same ratio. See paragraph (b)(4)(viii)(c)(2). $100,000 was a guaranteed payment to A $400,000 of net income in the business M Under paragraph (b)(4)(viii)(c)(3) of this within the meaning of section 707(c). See CFTE category and the $40,000 of country Y section, the net income in the single CFTE paragraph (b)(4)(viii)(c)(3) of this section. tax relates to the $100,000 of net income in category is $200,000. The $40,000 of taxes is Example 26. (i) A and B form AB, an the business N CFTE category. See paragraph allocated to the single CFTE category and, eligible entity (as defined in § 301.7701–3(a) (b)(4)(viii)(c)(1) of this section. Because AB’s thus, related to the $200,000 of net income of this chapter), treated as a partnership for partnership agreement allocates the $80,000 in the single CFTE category. In 2007, AB’s U.S. tax purposes. AB operates business M in of country X taxes and $40,000 of country Y partnership agreement allocates $150,000 or country X and business N in country Y. A, taxes in proportion to the distributive shares 75 percent of the net income to A ($100,000 a U.S. corporation, contributes a building of income to which such taxes relate, the attributable to the gross income allocation with a fair market value of $200,000 and an allocations are deemed to be in accordance plus $50,000 of the remaining $100,000 of adjusted basis of $50,000 for both U.S. and with the partners’ interest in the partnership net income) and $50,000 or 25 percent of the country X purposes. The building under paragraph (b)(4)(viii) of this section. net income to B. AB’s partnership agreement contributed by A is used in business M. B, Example 27. (i) A, a U.S. citizen, and B, a allocates the country X taxes in accordance a country X corporation, contributes country X citizen, form AB, a country X with the partners’ shares of partnership items $800,000 cash. The AB partnership eligible entity (as defined in § 301.7701–3(a) remaining after the $100,000 gross income agreement provides that AB will make of this chapter), treated as a partnership for allocation. Therefore, AB allocates the allocations under section 704(c) using the U.S. tax purposes. AB’s only activity is country X taxes 50 percent to A ($20,000) traditional method under § 1.704–3(b) and business M, which it operates in country X. and 50 percent to B ($20,000). AB’s that all other items, excluding creditable Country X imposes a 40 percent tax on the allocations of country X taxes are not deemed foreign taxes, will be allocated 20 percent to portion of AB’s business M income that is the to be in accordance with the partners’ A and 80 percent to B. The partnership allocable share of AB’s owners that are not interests in the partnership under paragraph agreement provides that creditable foreign citizens of country X, which tax is a CFTE. (b)(4)(viii) of this section, because they are taxes will be allocated in proportion to the The partnership agreement provides that all not in proportion to the allocations of the partners’ distributive shares of net income in partnership items, excluding CFTEs, from distributive shares of income to which the each CFTE category, which shall be business M are allocated 40 percent to A and country X taxes relate. Accordingly, the determined by taking into accounts items 60 percent to B. CFTEs are allocated 100 country X taxes will be reallocated according allocated pursuant to section 704(c). Country percent to A. In 2007, AB earns $100,000 of to the partners’ interest in the partnership. X and Country Y impose tax at a rate of 20 net income from business M and pays or Assuming that the partners do not reasonably percent and 40 percent, respectively, and accrues $16,000 of country X taxes on A’s expect to claim a deduction for the CFTE in such taxes are CFTEs. In 2007, AB sells the allocable share of AB’s income ($40,000). determining their U.S. tax liabilities, a building contributed by A for $200,000, Pursuant to the partnership agreement, A is reallocation of the CFTEs under paragraph thereby recognizing taxable income of allocated 40 percent of the business M (b)(3) of this section would be 75 percent to $150,000 for U.S. and country X purposes, income ($40,000) and 100 percent of the A ($30,000) and 25 percent to B ($10,000). If and recognizes $250,000 of other income country X taxes ($16,000), and B is allocated

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60 percent of the business M income will affect taxpayers engaged in certain of the amounts described in section ($60,000) and no country X taxes. Assume domestic production activities. The text 6051(a)(3) and (8) paid by such person that allocations of all items other than CFTEs of the temporary regulations also serves with respect to employment of are valid. as the text of the proposed regulations employees by such person during the (ii) AB has a single CFTE category because calendar year ending during such all of AB’s net income is allocated in the set forth in the notice of proposed same ratio. See paragraph (b)(4)(viii)(c)(2). rulemaking on this subject in the taxable year. Section 514(a) of TIPRA Under paragraph (b)(4)(viii)(c)(3) of this Proposed Rules section in this issue of added new section 199(b)(2)(B), which section, the $40,000 of business M income the Federal Register. provides that the term W–2 wages does that is allocated to A is included in the single DATES: Effective Date: These regulations not include any amount which is not CFTE category. Under paragraph are effective October 19, 2006. properly allocable to domestic (b)(4)(viii)(c)(3)(ii) of this section, no portion Applicability Date: For dates of production gross receipts (DPGR) for of the $60,000 allocated to B is included in applicability, see § 1.199–8T(i)(5) and purposes of section 199(c)(1). Section the single CFTE category. Under paragraph (6). 199(b)(2)(C) provides that the term W– (b)(4)(viii)(d) of this section, the $16,000 of 2 wages does not include any amount taxes is allocated to the single CFTE category. FOR FURTHER INFORMATION CONTACT: that is not properly included in a return Therefore, the $16,000 of country X taxes Concerning §§ 1.199–2T(e)(2) and filed with the Social Security is related to the $40,000 of net income in the 1.199–8T(i)(5), Paul Handleman or single CFTE category that is allocated to A. Administration on or before the 60th Lauren Ross Taylor, (202) 622–3040; day after the due date (including See paragraph (b)(4)(viii)(c)(1) of this section. concerning §§ 1.199–3T(i)(7) and (8), Because AB’s partnership agreement extensions) for the return. Section allocates the country X taxes in proportion to and 1.199–5T, Martin Schaffer, (202) 199(b)(3) provides that the Secretary the distributive share of income to which the 622–3080; and concerning §§ 1.199– shall prescribe rules for the application taxes relate, AB satisfies the requirement of 7T(b)(4) and 1.199–8T(i)(6), Ken Cohen, of section 199(b) in the case of an paragraph (b)(4)(viii) of this section, and the (202) 622–7790 (not toll-free numbers). acquisition or disposition of a major allocation of the country X taxes is deemed SUPPLEMENTARY INFORMATION: portion of either a trade or business or to be in accordance with the partners’ a separate unit of a trade or business interests in the partnership. Background during the taxable year. * * * * * This document provides rules relating to the deduction for income attributable Pass-Thru Entities § 1.704–1T [Removed] to domestic production activities under Section 199(d)(1)(A) provides that, in I Par. 3. Section 1.704–1T is removed. section 199 of the Internal Revenue the case of a partnership or S Code (Code). Section 199 was added to Mark E. Matthews, corporation, (i) section 199 shall be the Code by section 102 of the American applied at the partner or shareholder Deputy Commissioner for Services and Jobs Creation Act of 2004 (Pub. L. 108– Enforcement. level, (ii) each partner or shareholder 357, 118 Stat. 1418), and amended by shall take into account such person’s Approved: September 12, 2006. section 403(a) of the Gulf Opportunity allocable share of each item described in Eric Solomon, Zone Act of 2005 (Pub. L. 109–135, 119 section 199(c)(1)(A) or (B) (determined Acting Deputy Assistant Secretary of the Stat. 25) and section 514 of the Tax without regard to whether the items Treasury. Increase Prevention and Reconciliation described in section 199(c)(1)(A) exceed [FR Doc. E6–17307 Filed 10–18–06; 8:45 am] Act of 2005 (Pub. L. 109–222, 120 Stat. the items described in section BILLING CODE 4830–01–P 345) (TIPRA). On June 1, 2006, the IRS 199(c)(1)(B)), and (iii), as amended by and Treasury Department published section 514(b) of TIPRA, each partner or final regulations under section 199 (71 shareholder shall be treated for DEPARTMENT OF THE TREASURY FR 31268). The preamble to the final purposes of section 199(b) as having W– regulations states that the IRS and 2 wages for the taxable year in an Internal Revenue Service Treasury Department plan on issuing amount equal to such person’s allocable regulations on the amendments made to share of the W–2 wages of the 26 CFR Part 1 section 199 by section 514 of TIPRA. partnership or S corporation for the [TD 9293] taxable year (as determined under General Overview regulations prescribed by the Secretary). RIN 1545–BF88 Section 199(a)(1) allows a deduction Section 199(d)(1)(B) provides that, in TIPRA Amendments to Section 199 equal to 9 percent (3 percent in the case the case of a trust or estate, (i) the items of taxable years beginning in 2005 or referred to in section 199(d)(1)(A)(ii) (as AGENCY: Internal Revenue Service (IRS), 2006, and 6 percent in the case of determined therein) and the W–2 wages Treasury. taxable years beginning in 2007, 2008, of the trust or estate for the taxable year ACTION: Final and temporary or 2009) of the lesser of (A) the qualified shall be apportioned between the regulations. production activities income (QPAI) of beneficiaries and the fiduciary (and the taxpayer for the taxable year, or (B) among the beneficiaries) under SUMMARY: This document contains final taxable income (determined without regulations prescribed by the Secretary, and temporary regulations concerning regard to section 199) for the taxable and (ii) for purposes of section the amendments made by the Tax year (or, in the case of an individual, 199(d)(2), AGI of the trust or estate shall Increase Prevention and Reconciliation adjusted gross income (AGI)). be determined as provided in section Act of 2005 to section 199 of the Section 199(b)(1) limits the deduction 67(e) with the adjustments described in Internal Revenue Code. The temporary for a taxable year to 50 percent of the such section. regulations also contain a rule W–2 wages paid by the taxpayer during Section 199(d)(1)(C) provides that the concerning the use of losses incurred by the calendar year that ends in such Secretary may prescribe rules requiring members of an expanded affiliated taxable year. For this purpose, section or restricting the allocation of items and group. Section 199 provides a deduction 199(b)(2)(A) defines the term W–2 wages wages under section 199(d)(1) and may for income attributable to domestic to mean, with respect to any person for prescribe such reporting requirements production activities. The regulations any taxable year of such person, the sum as the Secretary determines appropriate.

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Expanded Affiliated Groups expense in cost of goods sold (CGS) For example, assume that X and Y are Section 199(d)(4)(A) provides that all under this safe harbor, a taxpayer may members of an EAG and do not join in members of an expanded affiliated determine its wage expense included in the filing of a consolidated Federal group (EAG) are treated as a single CGS using any reasonable method that income tax return. X has paragraph corporation for purposes of section 199. is satisfactory to the Secretary based on (e)(1) wages incurred in connection with Section 199(d)(4)(B) provides that an all of the facts and circumstances. For Y’s DPGR activities, but X has no DPGR EAG is an affiliated group as defined in example, a reasonable method would itself. Further assume that Y has no section 1504(a), determined by include a taxpayer using direct labor paragraph (e)(1) wages. Prior to the substituting ‘‘more than 50 percent’’ for included in CGS as wage expense amendment to section 199(b)(2), ‘‘at least 80 percent’’ each place it included in CGS. Additionally, a notwithstanding that X has no DPGR, X appears and without regard to section reasonable method would include a would have W–2 wages, because there 1504(b)(2) and (4). taxpayer using the section 263A labor was no requirement that paragraph costs used by the taxpayer in its (e)(1) wages be properly allocable to Authority To Prescribe Regulations simplified service cost method with DPGR. Thus, the EAG would have W– Section 199(d)(8) authorizes the labor-based allocation ratio under 2 wages, the same as if Y, rather than Secretary to prescribe such regulations § 1.263–1(h)(4)(ii) as wage expense X, had the paragraph (e)(1) wages. as are necessary to carry out the included in CGS. Because CGS Assuming the EAG had QPAI and purposes of section 199, including frequently includes goods manufactured taxable income, the EAG would receive regulations that prevent more than one in prior years, and thus would a section 199 deduction. taxpayer from being allowed a frequently include paragraph (e)(1) After the amendment to section deduction under section 199 with wages from prior years attributable to 199(b)(2), to qualify as W–2 wages respect to any activity described in DPGR, the amount of paragraph (e)(1) within the meaning of § 1.199–2T(e)(2), section 199(c)(4)(A)(i). wages in CGS that is properly allocable paragraph (e)(1) wages must be properly to DPGR may be difficult to determine. allocable to DPGR to qualify as W–2 Explanation of Provisions The IRS and Treasury Department wages. Because each member of an EAG W–2 Wages Properly Allocable to request comments on appropriate safe separately calculates its own items Domestic Production Gross Receipts harbors for determining the amount of before they are aggregated by the EAG, paragraph (e)(1) wages in CGS that are the member having the paragraph (e)(1) Section 514(a) of TIPRA amended properly allocable to DPGR. wages must itself have DPGR to which section 199(b)(2) to provide that the A taxpayer that uses the small the wages are properly allocable in term W–2 wages does not include any business simplified overall method of order to qualify those wages as W–2 amount that is not properly allocable to cost allocation under § 1.199–4(f) may wages. Paragraph (e)(1) wages that are DPGR for purposes of section 199(c)(1). use the small business simplified not properly allocable to DPGR of the The Secretary is authorized to provide overall method safe harbor for member having the paragraph (e)(1) rules for the proper allocation of items determining the amount of paragraph wages do not qualify as W–2 wages, (including wages) in determining QPAI. (e)(1) wages that is properly allocable to even if the paragraph (e)(1) wages were See section 199(d)(8). The temporary DPGR. Under that safe harbor, the paid in connection with another regulations provide that for taxable amount of paragraph (e)(1) wages that is member’s DPGR activities. Thus, after years beginning after May 17, 2006, the properly allocable to DPGR is equal to the amendment to section 199(b)(2), X’s term W–2 wages includes only amounts the same proportion of paragraph (e)(1) paragraph (e)(1) wages do not qualify as described in § 1.199–2(e)(1) (paragraph wages that the amount of DPGR bears to W–2 wages, because X has no DPGR to (e)(1) wages) that are properly allocable the taxpayer’s total gross receipts. which the paragraph (e)(1) wages would to DPGR. The temporary regulations As a consequence of the amendment be properly allocable. Accordingly, as provide that a taxpayer may determine to section 199(b)(2) made by TIPRA and neither X nor Y has W–2 wages, the the amount of paragraph (e)(1) wages its interplay with the rules in § 1.199– EAG has no W–2 wages and no section that is properly allocable to DPGR using 7(a) and (b) for the computation of an 199 deduction. If Y had the paragraph any reasonable method that is EAG’s section 199 deduction, the (e)(1) wages rather than X, the EAG satisfactory to the Secretary based on all section 199 deduction for the members would have W–2 wages and a section of the facts and circumstances. of an EAG may be reduced if one 199 deduction. The temporary regulations provide member of an EAG uses employees of However, if X and Y join in the filing safe harbors for determining the amount another member of the EAG to perform of a consolidated Federal income tax of paragraph (e)(1) wages that is activities attributable to DPGR and does return, the results may differ. Section properly allocable to DPGR. Under the not have paragraph (e)(1) wages. In 1.1502–13(c)(1)(i) and (c)(4) requires wage expense safe harbor for taxpayers general, § 1.199–7(a) and (b) provides that the separate entity attributes of X’s using either the section 861 method of that each member of an EAG calculates and Y’s intercompany items or cost allocation under § 1.199–4(d) or the its own taxable income or loss, QPAI, corresponding items be redetermined to simplified deduction method under and W–2 wages, which are then the extent necessary to produce the § 1.199–4(e), a taxpayer may determine aggregated in determining the EAG’s effect as if X and Y were divisions of a the amount of paragraph (e)(1) wages section 199 deduction. Therefore, prior single corporation. Thus, § 1.1502– that is properly allocable to DPGR by to the amendment to section 199(b)(2), 13(c)(1)(i) and (c)(4) may apply to treat multiplying the amount of paragraph in determining the wage limitation the paragraph (e)(1) wages incurred by (e)(1) wages by the ratio of the under section 199(b)(1) (the W–2 wage X as W–2 wages. The temporary taxpayer’s wage expense included in limitation), it was irrelevant which regulations provide examples to calculating QPAI for the taxable year to member of an EAG had the paragraph demonstrate the described scenarios. the taxpayer’s total wage expense used (e)(1) wages, because there was no in calculating the taxpayer’s taxable requirement that paragraph (e)(1) wages Pass-Thru Entities income (or AGI, if applicable) for the be properly allocable to DPGR to qualify Section 514(b) of TIPRA amended taxable year. For purposes of as W–2 wages, and the W–2 wages of all section 199(d)(1)(A)(iii) regarding a determining the amount of wage the members of an EAG are aggregated. partner’s or shareholder’s share of W–2

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wages from a partnership or S regarding the section 199(d)(1)(A)(iii) 199 deduction is not limited under corporation for taxable years beginning wage limitation and tiered structures section 199(b)(1). Thus, although in after May 17, 2006. After TIPRA, the has not been included in these 2010 the EAG has $200 of QPAI and section 199(d)(1)(A)(iii) wage limitation temporary regulations. sufficient W–2 wages so that the section for pass-thru entities no longer includes The temporary regulations provide a 199 deduction is not limited under the second prong of a two-prong transition rule for the situation in which section 199(b)(1), as a result of the use standard, by which a partner’s or a partner (or shareholder) and a of Y’s NOL, the EAG has $0 of taxable shareholder’s share of W–2 wages from partnership (or S corporation) have income and no section 199 deduction. the partnership or S corporation was different taxable years, only one of However, because the EAG is not a limited to the lesser of that person’s which begins on or before the effective separate taxpaying entity, Y has an NOL allocable share of W–2 wages from the date of TIPRA. Under § 1.199–5T(b)(4) of $100 which is available for carryover entity or a specified percentage of the and (c)(4), the beginning date of the or carryback. In 2011, X has $100 of person’s QPAI, computed by taking into taxable year of the partnership (or S taxable income and Y, before the account only the items of the entity corporation) determines which deduction allowed under section 172, allocated to that person for the taxable definition of W–2 wages and which W– has $300 of taxable income. Under year of the entity. 2 wage limitation for pass-thru entities section 172, Y reduces its 2011 taxable Section 1.199–5T(b)(3) and (c)(3) apply. income of $300 by its 2010 NOL of provides guidance regarding a partner’s Expanded Affiliated Groups $100, thus reducing Y’s taxable income or shareholder’s share of W–2 wages of to $200. Y’s loss was effectively used a partnership or an S corporation after After issuance of the final regulations, twice, first in 2010 to reduce the EAG’s the effective date of TIPRA. Except as it was brought to the attention of the IRS taxable income for purposes of the provided by publication in the Internal and Treasury Department that the taxable income limitation of section Revenue Bulletin (see combination of the aggregation rules for 199(a)(1)(B) and then in 2011 to reduce § 601.601(d)(2)(ii)(b)), the partnership or determining the taxable income of an Y’s own taxable income, which reduces S corporation must allocate its EAG in § 1.199–7(b)(1) and the rules of the EAG’s aggregate taxable income for paragraph (e)(1) wages (including any section 172 for net operating loss (NOL) purposes of the taxable income such wages from a lower-tier deductions can result in the same loss limitation. partnership of which the partnership or being used twice in determining the This result was not intended. S corporation is a partner) among its taxable income limitation under section Accordingly, § 1.199–7T(b)(4) has been partners or shareholders in the same 199(a)(1)(B). That is, in determining the added to provide that, to the extent that manner that wage expense is allocated taxable income limitation under section an NOL was used in the year it was among those partners or shareholders. 199(a)(1)(B), a loss sustained by a sustained in determining any EAG’s The partner or shareholder must add its member of an EAG could be used in the taxable income for purposes of the share of the paragraph (e)(1) wages from year the loss is sustained to offset the taxable income limitation of section the partnership or S corporation to the taxable income of another member of 199(a)(1)(B), such NOL is not treated as partner’s or shareholder’s paragraph the EAG in determining the EAG’s an NOL carryover or NOL carryback to (e)(1) wages from other sources, if any. taxable income limitation. However, any taxable year in determining the The partner (other than a partner that because the EAG is not a separate taxable income limitation under section itself is a partnership or S corporation) taxpaying entity that files its own tax 199(a)(1)(B). Thus, in the previous or shareholder then must calculate its return, the member that sustained the example, solely for purposes of W–2 wages (as defined in § 1.199– loss would still have an NOL carryover determining the EAG’s 2011 taxable 2T(e)(2)) by determining the amount of or carryback. Thus, the loss could be income limitation under section its paragraph (e)(1) wages properly used again as an NOL deduction of the 199(a)(1)(B), Y would not have an NOL allocable to DPGR. See § 1.199–2T(e)(2) member that sustained the loss in a carryover from 2010, because the entire for the computation of W–2 wages. previous or subsequent year to offset its $100 NOL was used in 2010 to reduce Section 1.199–5T(e) requires a non- own income, either as a member of the the EAG’s taxable income. Therefore, for grantor trust or estate to calculate each same EAG, a different EAG, or on a purposes of determining the EAG’s beneficiary’s share (as well as the trust’s stand-alone basis. Because the section taxable income limitation in 2011, Y or estate’s share, if any) of QPAI and W– 199 deduction is a percentage of the would have taxable income of $300 and 2 wages from the trust or estate at the lesser of QPAI or taxable income the EAG would have aggregate taxable trust or estate level. The QPAI of a trust (subject to the W–2 wage limitation), the income of $400. The temporary or estate and W–2 wages of the trust or use of the same loss twice could regulations provide examples to estate are allocated to each beneficiary potentially reduce the section 199 illustrate this provision. and to the trust or estate based on the deduction that should be allowable. relative proportion of the trust’s or For example, assume that Effective Date estate’s distributable net income (DNI), corporations X and Y are the only two Section 199 applies to taxable years as defined by section 643(a), for the members of an EAG and that X and Y beginning after December 31, 2004. taxable year that is distributed or do not file a consolidated Federal These temporary regulations are required to be distributed to the income tax return. In 2010, X and Y applicable for taxable years beginning beneficiary or is retained by the trust or each have $100 of QPAI which, under on or after October 19, 2006. A taxpayer estate. § 1.199–7(b), are aggregated in may apply §§ 1.199–2T(e)(2), 1.199– Because the second prong of the wage determining the EAG’s QPAI. X has 3T(i)(7) and (8), and 1.199–5T to taxable limitation of section 199(d)(1)(A)(iii) $100 of taxable income and Y has a years beginning after May 17, 2006, and was prospectively repealed by TIPRA, $100 NOL, which are also aggregated in before October 19, 2006 regardless of there is no longer any need for a special determining the EAG’s taxable income whether the taxpayer otherwise relied rule for tiered structures (where a pass- for purposes of the taxable income upon Notice 2005–14 (2005–1 CB 498) thru entity owns an interest in another limitation of section 199(a)(1)(B). (see § 601.601(d)(2)), the provisions of pass-thru entity). Accordingly, the rule Further assume that the EAG has REG–105847–05 (2005–47 IRB 987) (see in § 1.199–9(g) of the final regulations sufficient W–2 wages so that the section § 601.601(d)(2)), or §§ 1.199–1 through

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1.199–8. A taxpayer may apply § 1.199– (4) Losses used to reduce taxable income applicable) for the taxable year, without 7T(b)(4) to taxable years beginning after of expanded affiliated group. [Reserved]. regard to any wage expense disallowed December 31, 2004, and before October § 1.199–8 Other rules. by section 465, 469, 704(d), or 1366(d). 19, 2006 regardless of whether the A taxpayer that uses the section 861 taxpayer otherwise relied upon Notice * * * * * method of cost allocation under § 1.199– (i) * * * 2005–14, the provisions of REG– (5) Tax Increase Prevention and 4(d) or the simplified deduction method 105847–05, or §§ 1.199–1 through Reconciliation Act of 2005. [Reserved]. under § 1.199–4(e) to determine QPAI 1.199–9. The applicability of these (6) Losses used to reduce taxable income must use the same expense allocation temporary regulations expires on of expanded affiliated group. and apportionment methods that it uses October 19, 2009. [Reserved]. to determine QPAI to allocate and apportion wage expense for purposes of Special Analyses * * * * * I Par. 3. Section 1.199–2 is amended by this safe harbor. For purposes of this It has been determined that this adding a sentence at the end of paragraph (e)(2)(ii), the term wage Treasury decision is not a significant paragraph (e)(2) to read as follows: expense means wages (that is, regulatory action as defined in compensation paid by the employer in Executive Order 12866. Therefore, a 1.199–2 Wage limitation. the active conduct of a trade or business regulatory assessment is not required. It * * * * * to its employees) that are properly taken also has been determined that section (e) * * * into account under the taxpayer’s 553(b) of the Administrative Procedure (2) Limitation on W–2 wages for method of accounting. Act (5 U.S.C. chapter 5) does not apply taxable years beginning after May 17, (B) Wage expense included in cost of to these regulations. For applicability of 2006, the enactment date of the Tax goods sold. For purposes of paragraph the Regulatory Flexibility Act (5 U.S.C. Increase Prevention and Reconciliation (e)(2)(ii)(A) of this section, a taxpayer 601 et seq.), refer to the cross-reference Act of 2005. * * * For further may determine its wage expense notice of proposed rulemaking guidance, see § 1.199–2T(e)(2). included in cost of goods sold (CGS) published elsewhere in this issue of the * * * * * using any reasonable method that is Federal Register. Pursuant to section I satisfactory to the Secretary based on all 7805(f) of the Code, these temporary Par. 4. Section 1.199–2T is added to of the facts and circumstances, such as regulations will be submitted to the read as follows: using the amount of direct labor Chief Counsel for Advocacy of the Small 1.199–2T Wage limitation (temporary). included in CGS or using section 263A Business Administration for comment (a) through (d) [Reserved]. For further labor costs (as defined in § 1.263A– on their impact on small business. guidance, see § 1.199–2(a) through (d). 1(h)(4)(ii)) included in CGS. (iii) Small business simplified overall Drafting Information (e) Definition of W–2 wages—(1) In general. [Reserved]. For further method safe harbor. A taxpayer that The principal authors of these uses the small business simplified regulations are Paul Handleman and guidance, see § 1.199–2(e)(1). (2) Limitation on W–2 wages for overall method under § 1.199–4(f) may Lauren Ross Taylor, Office of the use the small business simplified Associate Chief Counsel (Passthroughs taxable years beginning after May 17, 2006, the enactment date of the Tax overall method safe harbor for and Special Industries), IRS. However, determining the amount of paragraph other personnel from the IRS and Increase Prevention and Reconciliation Act of 2005—(i) In general. The term W– (e)(1) wages that is properly allocable to Treasury Department participated in DPGR. Under this safe harbor, the their development. 2 wages includes only amounts described in § 1.199–2(e)(1) (paragraph amount of paragraph (e)(1) wages that is List of Subjects in 26 CFR Part 1 (e)(1) wages) that are properly allocable properly allocable to DPGR is equal to to domestic production gross receipts the same proportion of paragraph (e)(1) Income taxes, Reporting and wages that the amount of DPGR bears to recordkeeping requirements. (DPGR) (as defined in § 1.199–3) for purposes of section 199(c)(1). A the taxpayer’s total gross receipts. (iv) Examples. The following Adoption of Amendments to the taxpayer may determine the amount of examples illustrate the application of Regulations paragraph (e)(1) wages that is properly this paragraph (e)(2). See § 1.199–5T for allocable to DPGR using any reasonable I Accordingly, 26 CFR part 1 is an example of the application of method that is satisfactory to the amended as follows: paragraph (e)(2)(ii) of this section to a Secretary based on all of the facts and trust or estate. PART 1—INCOME TAXES circumstances. (ii) Wage expense safe harbor—(A) In Example 1. Section 861 method and no I Paragraph 1. The authority citation general. A taxpayer using either the EAG. (i) Facts. X, a United States corporation for part 1 is amended by adding entries section 861 method of cost allocation that is not a member of an expanded affiliated group (EAG) (as defined in § 1.199– in numerical order to read in part as under § 1.199–4(d) or the simplified follows: 7) or an affiliated group as defined in the deduction method under § 1.199–4(e) regulations under section 861, engages in Authority: 26 U.S.C. 7805 * * * may determine the amount of paragraph activities that generate both DPGR and non- (e)(1) wages that is properly allocable to I Par. 2. Section 1.199–0 is amended by DPGR. X’s taxable year ends on April 30, DPGR for a taxable year by multiplying 2011. For X’s taxable year ending April 30, adding the following entries for the amount of paragraph (e)(1) wages for 2011, X has $3,000 of paragraph (e)(1) wages §§ 1.199–7(b)(4) and 1.199–8(i)(5) and the taxable year by the ratio of the reported on 2010 Forms W–2. All of X’s (6): taxpayer’s wage expense included in production activities that generate DPGR are within Standard Industrial Classification § 1.199–0 Table of contents. calculating qualified production (SIC) Industry Group AAA (SIC AAA). All of * * * * * activities income (QPAI) (as defined in X’s production activities that generate non- § 1.199–1(c)) for the taxable year to the DPGR are within SIC Industry Group BBB § 1.199–7 Expanded affiliated groups. taxpayer’s total wage expense used in (SIC BBB). X is able to specifically identify * * * * * calculating the taxpayer’s taxable CGS allocable to DPGR and to non-DPGR. X (b) * * * income (or adjusted gross income, if incurs $900 of research and experimentation

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expenses (R&E) that are deductible under CGS and are definitely related to all of X’s footage of X’s headquarters is 8,000 square section 174, $300 of which are performed gross income. For X’s taxable year ending feet, of which 2,000 square feet is set aside with respect to SIC AAA and $600 of which April 30, 2011, the adjusted basis of X’s for domestic production activities. For its are performed with respect to SIC BBB. None assets is $50,000, $40,000 of which generate taxable year ending April 30, 2011, X’s of the R&E is legally mandated R&E as gross income attributable to DPGR and taxable income is $1,380 based on the described in § 1.861–17(a)(4) and none of the $10,000 of which generate gross income R&E is included in CGS. X incurs section 162 attributable to non-DPGR. For X’s taxable following Federal income tax items: selling expenses that are not includible in year ending April 30, 2011, the total square

DPGR (all from sales of products within SIC AAA) ...... $3,000 Non-DPGR (all from sales of products within SIC BBB) ...... 3,000 CGS allocable to DPGR (includes $200 of wage expense) ...... (600 ) CGS allocable to non-DPGR (includes $600 of wage expense) ...... (1,800) Section 162 selling expenses (includes $600 of wage expense) ...... (840) Section 174 R&E–SIC AAA (includes $100 of wage expense) ...... (300 ) Section 174 R&E–SIC BBB (includes $200 of wage expense) ...... (600 ) Interest expense (not included in CGS) ...... (300) Headquarters overhead expense (includes $100 of wage expense) ...... (180) X’s taxable income ...... 1,380

(ii) X’s QPAI. X allocates and apportions its DPGR on the basis of X’s gross receipts is elects to apportion interest expense under the deductions to gross income attributable to appropriate. In addition, based on the facts tax book value method of § 1.861–9T(g). X DPGR under the section 861 method in and circumstances of this specific case, has $2,400 of gross income attributable to § 1.199–4(d). In this case, the section 162 apportionment of the headquarters overhead DPGR (DPGR of $3,000—CGS of $600 selling expenses and overhead expense are expense between DPGR and non-DPGR on allocated based on X’s books and records). definitely related to all of X’s gross income. the basis of the square footage of X’s Based on the facts and circumstances of this headquarters is appropriate. For purposes of X’s QPAI for its taxable year ending April 30, specific case, apportionment of the section apportioning R&E, X elects to use the sales 2011, is $1,395, as shown in the following 162 selling expenses between DPGR and non- method as described in § 1.861–17(c). X table:

DPGR (all from sales of products within SIC AAA) ...... $3,000 CGS allocable to DPGR ...... (600) Section 162 selling expenses ($840 × ($3,000 DPGR/$6,000 total gross receipts)) ...... (420) Section 174 R&E–SIC AAA ...... (300 ) Interest expense (not included in CGS) ($300 × ($40,000 (X’s DPGR assets)/$50,000 (X’s total assets))) ...... (240 ) Headquarters overhead expense ($180 × (2,000 square feet attributable to DPGR activity/total 8,000 square feet)) ...... (45) X’s QPAI ...... 1,395

(iii) W–2 wages. X chooses to use the wage (A) Step one. X determines that $625 of expense safe harbor under paragraph (e)(2)(ii) wage expense were taken into account in of this section to determine its W–2 wages, determining its QPAI in paragraph (ii) of this as shown in the following steps: Example 1, as shown in the following table:

CGS wage expense ...... $200 Section 162 selling expenses wage expense ($600 × ($3,000 DPGR/$6,000 total gross receipts)) ...... 300 Section 174 R&E–SIC AAA wage expense ...... 100 Headquarters overhead wage expense ($100 × (2,000 square feet attributable to DPGR activity/8,000 total square feet)) ...... 25 Total wage expense taken into account ...... 625

(B) Step two. X determines that $1,042 of W–2 wages, as shown in the following the $3,000 in paragraph (e)(1) wages are calculation: properly allocable to DPGR, and are therefore

(iv) Section 199 deduction determination. Example 2. Section 861 method and EAG. selling expenses, R&E, and charitable X’s tentative deduction under § 1.199–1(a) (i) Facts. The facts are the same as in contributions. X and Y are, however, (section 199 deduction) is $124 (.09 × (lesser Example 1 except that X owns stock in Y, a members of an affiliated group for purposes of QPAI of $1,395 or taxable income of United States corporation, equal to 75% of of allocating and apportioning interest $1,380)) subject to the wage limitation under the total voting power of stock of Y and 80% expense (see § 1.861–11T(d)(6)) and are also section 199(b)(1) (W–2 wage limitation) of of the total value of stock of Y. X and Y are members of an EAG. Y’s taxable year ends $521 (50% × $1,042). Accordingly, X’s not members of an affiliated group as defined April 30, 2011. For Y’s taxable year ending section 199 deduction for its taxable year in section 1504(a). Accordingly, the rules of April 30, 2011, Y has $2,000 of paragraph ending April 30, 2011, is $124. § 1.861–14T do not apply to X’s and Y’s (e)(1) wages reported on 2010 Forms W–2.

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For Y’s taxable year ending April 30, 2011, BBB (SIC BBB). None of X’s and Y’s sales are footage of Y’s headquarters is 8,000 square the adjusted basis of Y’s assets is $50,000, to each other. Y is not able to specifically feet, of which, 2,000 square feet is set aside $20,000 of which generate gross income identify CGS allocable to DPGR and non- for domestic production activities. Y incurs attributable to DPGR and $30,000 of which DPGR. In this case, because CGS is definitely section 162 selling expenses that are not generate gross income attributable to non- related under the facts and circumstances to includible in CGS and are definitely related DPGR. All of Y’s activities that generate all of Y’s gross receipts, apportionment of to all of Y’s gross income. For Y’s taxable DPGR are within SIC Industry Group AAA CGS between DPGR and non-DPGR based on year ending April 30, 2011, Y’s taxable (SIC AAA). All of Y’s activities that generate gross receipts is appropriate. For Y’s taxable income is $1,710 based on the following non-DPGR are within SIC Industry Group year ending April 30, 2011, the total square Federal income tax items:

DPGR (all from sales of products within SIC AAA) ...... $3,000 Non-DPGR (all from sales of products within SIC BBB) ...... 3,000 CGS allocated to DPGR (includes $300 of wage expense) ...... (1,200) CGS allocated to non-DPGR (includes $300 of wage expense) ...... (1,200) Section 162 selling expenses (includes $300 of wage expense) ...... (840) Section 174 R&E–SIC AAA (includes $20 of wage expense) ...... (100) Section 174 R&E–SIC BBB (includes $60 of wage expense) ...... (200) Interest expense (not included in CGS and not subject to § 1.861–10T) ...... (500) Charitable contributions ...... (50) Headquarters overhead expense (includes $40 of wage expense) ...... (200 ) Y’s taxable income ...... 1,710

(ii) QPAI. (A) X’s QPAI. Determination of attributable to DPGR based on the combined taxable year ending April 30, 2011, is $1,455, X’s QPAI is the same as in Example 1 except adjusted bases of X’s and Y’s assets. See as shown in the following table: that interest is apportioned to gross income § 1.861–11T(c). Accordingly, X’s QPAI for its

DPGR (all from sales of products within SIC AAA) ...... $3,000 CGS allocated to DPGR ...... (600) Section 162 selling expenses ($840 × ($3,000 DPGR/$6,000 total gross receipts)) ...... (420) Section 174 R&E–SIC AAA ...... (300 ) Interest expense (not included in CGS and not subject to § 1.861–10T) ($300 × ($60,000 (tax book value of X’s and Y’s DPGR assets)/$100,000 (tax book value of X’s and Y’s total assets))) ...... (180 ) Headquarters overhead expense ($180 × (2,000 square feet attributable to DPGR activity/total 8,000 square feet)) ...... (45) X’s QPAI ...... 1,455

(B) Y’s QPAI. Y makes the same elections DPGR (DPGR of $3,000—CGS of $1,200 2011, is $905, as shown in the following under the section 861 method as does X. Y allocated based on Y’s gross receipts). Y’s table: has $1,800 of gross income attributable to QPAI for its taxable year ending April 30,

DPGR (all from sales of products within SIC AAA) ...... $3,000 CGS allocated to DPGR ...... (1,200) Section 162 selling expenses ($840 × ($3,000 DPGR/$6,000 total gross receipts)) ...... (420) Section 174 R&E–SIC AAA ...... (100 ) Interest expense (not included in CGS and not subject to § 1.861–10T) ($500 × ($60,000 (tax book value of X’s and Y’s DPGR assets)/$100,000 (tax book value of X’s and Y’s total assets))) ...... (300 ) Charitable contributions (not included in CGS) ($50 × ($1,800 gross income attributable to DPGR/$3,600 total gross income)) (25) Headquarters overhead expense ($200 × (2,000 square feet attributable to DPGR activity/total 8,000 square feet)) ...... (50) Y’s QPAI ...... 905

(iii) W–2 wages. (A) X’s W–2 wages. X’s W– (e)(2)(ii) of this section to determine its W– this Example 2, as shown in the following 2 wages are $1,042, the same as in Example 2 wages, as shown in the following steps: table: 1. (1) Step one. Y determines that $480 of (B) Y’s W–2 wages. Y chooses to use the wage expense were taken into account in wage expense safe harbor under paragraph determining its QPAI in paragraph (ii)(B) of

CGS wage expense ...... $300 Section 162 selling expenses wage expense ($300 × ($3,000 DPGR/$6,000 total gross receipts)) ...... 150 Section 174 R&E–SIC AAA wage expense ...... 20 Headquarters overhead wage expense ($40 × (2,000 square feet attributable to DPGR activity/8,000 total square feet)) ...... 10 Total wage expense taken into account ...... 480

(2) Step two. Y determines that $941 of the allocable to DPGR, and are therefore W–2 $2,000 paragraph (e)(1) wages are properly wages, as shown in the following calculation:

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(iv) Section 199 deduction determination. $3,090 (X’s taxable income of $1,380 plus Y’s member of an EAG, engages in activities that The section 199 deduction of the X and Y taxable income of $1,710)) subject to the generate both DPGR and non-DPGR. Z is able EAG is determined by aggregating the combined W–2 wage limitation of X and Y to specifically identify CGS allocable to separately determined taxable income, QPAI, of $992 (50% × ($1,042 (X’s W–2 wages) + DPGR and to non-DPGR. Z’s taxable year and W–2 wages of X and Y. See § 1.199–7(b). $941 (Y’s W–2 wages)))). Accordingly, the X ends on April 30, 2011. For Z’s taxable year Accordingly, the X and Y EAG’s tentative and Y EAG’s section 199 deduction is $212. ending April 30, 2011, Z has $3,000 of section 199 deduction is $212 (.09 × (lesser The $212 is allocated to X and Y in paragraph (e)(1) wages reported on 2010 of combined QPAI of X and Y of $2,360 (X’s proportion to their QPAI. See § 1.199–7(c). Forms W–2, and Z’s taxable income is $1,380 QPAI of $1,455 plus Y’s QPAI of $905) or Example 3. Simplified deduction method. based on the following Federal income tax combined taxable incomes of X and Y of (i) Facts. Z, a corporation that is not a items:

DPGR ...... $3,000 Non-DPGR ...... 3,000 CGS allocable to DPGR (includes $200 of wage expense) ...... (600 ) CGS allocable to non-DPGR (includes $600 of wage expense) ...... (1,800) Expenses, losses, or deductions (deductions) (includes $1,000 of wage expense) ...... (2,220) Z’s taxable income ...... 1,380

(ii) Z’s QPAI. Z uses the simplified apportion deductions between DPGR and ending April 30, 2011, is $1,290, as shown deduction method under § 1.199–4(e) to non-DPGR. Z’s QPAI for its taxable year in the following table:

DPGR ...... $3,000 CGS allocable to DPGR ...... (600) Deductions apportioned to DPGR ($2,220 × ($3,000 DPGR/$6,000 total gross receipts)) ...... (1,110) Z’s QPAI ...... 1,290

(iii) W–2 wages. Z chooses to use the wage (A) Step one. Z determines that $700 of expense safe harbor under paragraph (e)(2)(ii) wage expense were taken into account in of this section to determine its W–2 wages, determining its QPAI in paragraph (ii) of this as shown in the following steps: Example 3, as shown in the following table:

Wage expense included in CGS allocable to DPGR ...... $200 Wage expense included in deductions ($1,000 in wage expense × ($3,000 DPGR/$6,000 total gross receipts)) ...... 500 Wage expense allocable to DPGR ...... 700

(B) Step two. Z determines that $1,167 of W–2 wages, as shown in the following the $3,000 paragraph (e)(1) wages are calculation: properly allocable to DPGR, and are therefore

(iv) Section 199 deduction determination. Accordingly, Z’s section 199 deduction for its DPGR. Z’s taxable year ends on April 30, Z’s tentative section 199 deduction is $116 taxable year ending April 30, 2011, is $116. 2011. For Z’s taxable year ending April 30, (.09 × (lesser of QPAI of $1,290 or taxable Example 4. Small business simplified 2011, Z has $3,000 of paragraph (e)(1) wages income of $1,380)) subject to the W–2 wage overall method. (i) Facts. Z, a corporation reported on 2010 Forms W–2, and Z’s taxable limitation of $584 (50% × $1,167). that is not a member of an EAG, engages in income is $1,380 based on the following activities that generate both DPGR and non- Federal income tax items:

DPGR ...... $3,000 Non-DPGR ...... 3,000 CGS and deductions ...... (4,620)

Z’s taxable income ...... 1,380

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(ii) Z’s QPAI. Z uses the small deductions between DPGR and non- ending April 30, 2011, is $690, as business simplified overall method DPGR. Z’s QPAI for its taxable year shown in the following table: under § 1.199–4(f) to apportion CGS and

DPGR ...... $3,000 CGS and deductions apportioned to DPGR ($4,620 × ($3,000 DPGR/$6,000 total gross receipts)) ...... (2,310) Z’s QPAI ...... 690

(iii) W–2 wages. Z’s W–2 wages under QPAI. However, the entire $800,000 is expense used in calculating taxable income)). paragraph (e)(2)(iii) of this section are $1,500, included in calculating S’s taxable income. The single corporation would have a as shown in the following calculation: Thus, under the wage expense safe harbor tentative section 199 deduction equal to 9% $3,000 in paragraph (e)(1) wages × ($3,000 described in paragraph (e)(2)(ii)(A) of this of $4,200,000, or $378,000, subject to the W– DPGR/$6,000 total gross receipts)— section, S’s W–2 wages are $0 ($800,000 2 wage limitation of 50% of $900,000, or × $1,500 (paragraph (e)(1) wages) ($0 (wage expense $450,000. Thus, the single corporation would (iv) Section 199 deduction determination. used in calculating S’s QPAI)/$800,000 (wage have a section 199 deduction of $378,000. To Z’s tentative section 199 deduction is $62 expense used in calculating S’s taxable obtain this same result for the consolidated (.09 × (lesser of QPAI of $690 or taxable income))). group, S’s $1,000,000 of receipts from the income of $1,380)) subject to the W–2 wage (iv) Determination of EAG’s section 199 intercompany transaction are redetermined limitation of $750 (50% × $1,500). deduction. The section 199 deduction of the as DPGR. Thus, S’s $800,000 paid to its Accordingly, Z’s section 199 deduction for its S and B EAG is determined by aggregating employees are costs properly allocable to taxable year ending April 30, 2011, is $62. the separately determined taxable income or DPGR and S’s W–2 wages are $800,000. Example 5. Corporation uses employees of loss, QPAI, and W–2 wages of S and B. See Accordingly, the consolidated group has non-consolidated EAG member. (i) Facts. § 1.199–7(b). B’s taxable income and QPAI QPAI and taxable income of $4,200,000 are each $4,000,000 ($10,000,000 ($11,000,000 DPGR (from the sale of the QPP Corporations S and B are members of the ¥ same EAG but are not members of a DPGR $6,000,000 CGS and other and the redetermined intercompany consolidated group. S and B are both deductions). S’s taxable income is $200,000 transaction)—$6,800,000 CGS and other ($1,000,000 gross receipts¥$800,000 total deductions) and W–2 wages of $900,000. The calendar year taxpayers. All the activities ¥ described in this example take place during deductions). S’s QPAI is $0 ($0 DPGR $0 consolidated group’s section 199 deduction the same taxable year and they are the only CGS and other deductions). B’s W–2 wages is $378,000, the same as the single activities of S and B. S and B each use the (as calculated in paragraph (ii) of this corporation. However, for purposes of section 861 method described in § 1.199–4(d) Example 5) are $100,000 and S’s W–2 wages allocating the section 199 deduction between for allocating and apportioning their (as calculated in paragraph (iii) of this S and B, the redetermination of S’s income Example 5) are $0. The EAG’s tentative as DPGR under § 1.1502–13(c)(1)(i) is not deductions. B is a manufacturer but has only × three employees of its own. S employs the section 199 deduction is $360,000 (.09 taken into account. See § 1.199–7(d)(5). remainder of the personnel who perform the (lesser of combined QPAI of $4,000,000 (B’s Accordingly, the consolidated group’s entire manufacturing activities for B. S’s only QPAI of $4,000,000 + S’s QPAI of $0) or section 199 deduction of $378,000 is receipts are from supplying employees to B. combined taxable income of $4,200,000 (B’s allocated to B. In 2010, B manufactures qualifying taxable income of $4,000,000 + S’s taxable I Par. 5. Section 1.199–3 is amended by income of $200,000)) subject to the W–2 production property (QPP) (as defined in × adding a sentence at the end of each of § 1.199–3(j)(1)), using its three employees wage limitation of $50,000 (50% ($100,000 (B’s W–2 wages) + $0 (S’s W–2 wages))). paragraphs (i)(7) and (8) to read as and S’s employees, and sells the QPP for follows: $10,000,000. B’s total CGS and other Accordingly, the S and B EAG’s section 199 deduction for 2010 is $50,000. The $50,000 deductions are $6,000,000, including § 1.199–3 Domestic production gross is allocated to S and B in proportion to their $1,000,000 paid to S for the use of S’s receipts. employees and $100,000 paid to its own QPAI. See § 1.199–7(c). Because S has no QPAI, the entire $50,000 is allocated to B. * * * * * employees. B reports the $100,000 paid to its (i) * * * employees on the 2010 Forms W–2 issued to Example 6. Corporation using employees of its employees. S pays its employees $800,000 consolidated EAG member. The facts are the (7) Qualifying in-kind partnership for that is reported on the 2010 Forms W–2 same as in Example 5 except that B and S taxable years beginning after May 17, issued to the employees. are members of the same consolidated group. 2006, the enactment date of the Tax (ii) B’s W–2 wages. In determining its W– Ordinarily, as demonstrated in Example 5, Increase Prevention and Reconciliation 2 wages, B utilizes the wage expense safe S’s $1,000,000 of receipts would not be DPGR Act of 2005. * * * For further guidance, harbor described in paragraph (e)(2)(ii) of this and its $800,000 paid to its employees would see § 1.199–3T(i)(7). section. The entire $100,000 paid by B to its not be W–2 wages (because the $800,000 (8) Partnerships owned by members of employees is included in B’s wage expense would not be properly allocable to DPGR). a single expanded affiliated group for included in calculating its QPAI and is the However, because S and B are members of taxable years beginning after May 17, only wage expense used in calculating B’s the same consolidated group, § 1.1502– 2006, the enactment date of the Tax taxable income. Thus, under the wage 13(c)(1)(i) provides that the separate entity expense safe harbor described in paragraph attributes of S’s intercompany items or B’s Increase Prevention and Reconciliation (e)(2)(ii) of this section, B’s W–2 wages are corresponding items, or both, may be Act of 2005. * * * For further guidance, $100,000 ($100,000 (paragraph (e)(1) wages) redetermined in order to produce the same see § 1.199–3T(i)(8). x ($100,000 (wage expense used in effect as if S and B were divisions of a single * * * * * calculating B’s QPAI)/$100,000 (wage corporation. If S and B were divisions of a I Par. 6. Section 1.199–3T is amended expense used in calculating B’s taxable single corporation, S and B would have QPAI income))). and taxable income of $4,200,000 by adding paragraphs (i)(7) and (8) to (iii) S’s W–2 wages. In determining its W– ($10,000,000 DPGR received from the sale of read as follows: 2 wages, S utilizes the wage expense safe the QPP—$5,800,000 CGS and other § 1.199–3T Domestic production gross harbor described in paragraph (e)(2)(ii) of this deductions) and, under the wage expense receipts (temporary). section. Because S’s $1,000,000 in receipts safe harbor described in paragraph (e)(2)(ii) from B do not qualify as DPGR and are S’s of this section, would have $900,000 of W– * * * * * only gross receipts, none of the $800,000 2 wages ($900,000 combined paragraph (e)(1) (i) * * * paid by S to its employees is included in S’s wages of S and B) × ($900,000 (wage expense (7) Qualifying in-kind partnership for wage expense included in calculating its used in calculating QPAI)/$900,000 (wage taxable years beginning after May 17,

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2006, the enactment date of the Tax partnership or its partners MPGE partnership. With respect to a lease, Increase Prevention and Reconciliation qualifying production property (QPP) rental, or license, the disposing member Act of 2005—(i) In general. If a (as defined in § 1.199–3(j)) in whole or is treated as having disposed of the partnership is a qualifying in-kind in significant part within the United property on the date or dates on which partnership described in paragraph States (as defined in § 1.199–3(h)), see it takes into account its gross receipts (i)(7)(ii) of this section, then each § 1.199–3(g)(2) and (3). from the lease, rental, or license under partner is treated as having (iv) Example. The following example its method of accounting. With respect manufactured, produced, grown, or illustrates the application of this to a sale, exchange, or other disposition, extracted (MPGE) (as defined in § 1.199– paragraph (i)(7). Assume that PRS and X the disposing member is treated as 3(e)) or produced the property MPGE or are calendar year taxpayers. having disposed of the property on the produced by the partnership that is Example. X, Y and Z are partners in PRS, date it ceases to own the property for distributed to that partner. If a partner a qualifying in-kind partnership described in Federal income tax purposes, even if no of a qualifying in-kind partnership paragraph (i)(7)(ii) of this section. X, Y, and gain or loss is taken into account. derives gross receipts from the lease, Z are corporations. In 2007, PRS distributes Likewise, if an EAG partnership derives rental, license, sale, exchange, or other oil to X that PRS derived from its oil gross receipts from the lease, rental, disposition of the property that was extraction. PRS incurred $600 of CGS license, sale, exchange, or other MPGE or produced by the qualifying in- extracting the oil distributed to X, and X’s disposition of property that was MPGE adjusted basis in the distributed oil is $600. kind partnership and distributed to that or produced by a member (or members) partner, then, provided such partner is X incurs $200 of CGS in refining the oil within the United States. In 2007, X, while of the same EAG (the producing a partner of the qualifying in-kind it is a partner in PRS, sells the oil to a member) to which all the partners of the partnership at the time the partner customer for $1,500. X is treated as having EAG partnership belong at the time that disposes of the property, the partner is disposed of the property on the date it ceases the EAG partnership disposes of such treated as conducting the MPGE or to own the property for Federal income tax property, then the EAG partnership is production activities previously purposes. Under paragraph (i)(7)(i) of this treated as conducting the MPGE or conducted by the qualifying in-kind section, X is treated as having extracted the production activities previously partnership with respect to that oil. The extraction and refining of the oil conducted by the producing member property. With respect to a lease, rental, qualify as an MPGE activity under § 1.199– 3(e)(1). Therefore, X’s $1,500 of gross receipts with respect to that property. The or license, the partner is treated as previous sentence applies only for those having disposed of the property on the qualify as DPGR. X subtracts from the $1,500 of DPGR the $600 of CGS incurred by PRS taxable years in which the producing date or dates on which it takes into and the $200 of refining costs it incurred. member is a member of the EAG of account its gross receipts derived from Thus, X’s QPAI is $700 for 2007. which all the partners of the EAG the lease, rental, or license under its (8) Partnerships owned by members of partnership are members for the entire method of accounting. With respect to a taxable year of the EAG partnership. sale, exchange, or other disposition, the a single expanded affiliated group for taxable years beginning after May 17, With respect to a lease, rental, or partner is treated as having disposed of license, the EAG partnership is treated the property on the date it ceases to own 2006, the enactment date of the Tax Increase Prevention and Reconciliation as having disposed of the property on the property for Federal income tax the date or dates on which it takes into purposes, even if no gain or loss is taken Act of 2005—(i) In general. For purposes of this section, if all of the interests in account its gross receipts derived from into account. the lease, rental, or license under its (ii) Definition of qualifying in-kind the capital and profits of a partnership method of accounting. With respect to a partnership. For purposes of this are owned by members of a single sale, exchange, or other disposition, the paragraph (i)(7), a qualifying in-kind expanded affiliated group (EAG) at all EAG partnership is treated as having partnership is a partnership engaged times during the taxable year of the disposed of the property on the date it solely in— partnership (EAG partnership), then the (A) The extraction, refining, or EAG partnership and all members of ceases to own the property for Federal processing of oil, natural gas (as that EAG are treated as a single taxpayer income tax purposes, even if no gain or described in § 1.199–3(l)(2)), for purposes of section 199(c)(4) during loss is taken into account. See paragraph petrochemicals, or products derived that taxable year. (i)(8)(iv) Example 3 of this section. from oil, natural gas, or petrochemicals (ii) Attribution of activities—(A) In (B) Attribution between EAG in whole or in significant part within general. If a member of an EAG partnerships. If an EAG partnership the United States; (disposing member) derives gross (disposing partnership) derives gross (B) The production or generation of receipts from the lease, rental, license, receipts from the lease, rental, license, electricity in the United States; or sale, exchange, or other disposition of sale, exchange, or other disposition of (C) An activity or industry designated property that was MPGE or produced by property that was MPGE or produced by by the Secretary by publication in the an EAG partnership, all the partners of another EAG partnership (producing Internal Revenue Bulletin (see which are members of the same EAG to partnership), then the disposing § 601.601(d)(2)(ii)(b) of this chapter). which the disposing member belongs at partnership is treated as conducting the (iii) Other rules. Except as provided in the time that the disposing member MPGE or production activities this paragraph (i)(7), a qualifying in- disposes of such property, then the previously conducted by the producing kind partnership is treated the same as disposing member is treated as partnership with respect to that other partnerships for purposes of conducting the MPGE or production property, provided that each of these section 199. Accordingly, a qualifying activities previously conducted by the partnerships (the producing partnership in-kind partnership is subject to the EAG partnership with respect to that and the disposing partnership) is owned rules of this section regarding the property. The previous sentence applies for its entire taxable year in which the application of section 199 to pass-thru only for those taxable years in which the disposing partnership disposes of such entities, including application of the disposing member is a member of the property by members of the same EAG. section 199(d)(1)(A)(iii) wage limitation EAG of which all the partners of the With respect to a lease, rental, or under § 1.199–5T(b)(3). In determining EAG partnership are members for the license, the disposing partnership is whether a qualifying in-kind entire taxable year of the EAG treated as having disposed of the

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property on the date or dates on which application of section 199 to pass-thru of the facts and circumstances, and X’s direct it takes into account its gross receipts entities with respect to the activity of PRS, labor and overhead to MPGE the drug within from the lease, rental, or license under including application of the section the United States are $12 and account for its method of accounting. With respect 199(d)(1)(A)(iii) wage limitation under 10% of X’s $120 CGS of the drug. In 2007, § 1.199–5T(b)(3). The results would be the X sells the drug in finished dosage to Y and to a sale, exchange, or other disposition, same if PRS sold the QPP to Z rather than Y sells the drug to customers. Assume that the disposing partnership is treated as to X. However, if PRS did sell the QPP to Z, Y’s own MPGE activity with respect to the having disposed of the property on the and Z was not a member of the EAG for PRS’s drug is not substantial in nature, taking into date it ceases to own the property for entire taxable year, the activities previously account all of the facts and circumstances, Federal income tax purposes, even if no conducted by PRS with respect to the QPP and Y incurs $2 of direct labor and overhead gain or loss is taken into account. would not be attributed to Z, and none of Z’s and Y’s CGS in selling the drug to customers (C) Exceptions to attribution. $10,000 of gross receipts would qualify as is $130. Attribution of activities does not apply DPGR. (ii) Analysis. PRS’s gross receipts from the Example 3. Lease. X, Y, and Z are the only sale of the active ingredient to X are non- for purposes of the construction of real members of a single EAG for the entire 2007 DPGR because PRS’s MPGE activity is not property under § 1.199–3(m)(1) and the year. X and Y each own 50% of the capital substantial in nature and PRS does not satisfy performance of engineering and and profits interests in PRS, a partnership, the safe harbor described in § 1.199–3(g)(3) architectural services under § 1.199– for PRS’s entire 2007 taxable year. In 2007, because PRS’s direct labor and overhead 3(n)(2) and (3), respectively. PRS MPGE QPP within the United States and account for less than 20% of PRS’s CGS of (iii) Other rules. Except as provided in then sells the QPP to X for $6,000, its fair the active ingredient. X’s gross receipts from this paragraph (i)(8), an EAG market value at the time of the sale. PRS’s the sale of the drug to Y are DPGR because partnership is treated the same as other gross receipts of $6,000 qualify as DPGR. In X is considered to have MPGE the drug in 2007, X rents the QPP it acquired from PRS significant part in the United States pursuant partnerships for purposes of section to customers unrelated to X. X takes the gross to the safe harbor described in § 1.199–3(g)(3) 199. Accordingly, an EAG partnership is receipts attributable to the rental of the QPP because the $27 ($15 + $12) of direct labor subject to the rules of this section into account under its method of accounting and overhead incurred by PRS and X equals regarding the application of section 199 in 2007 and 2008. On July 1, 2008, X ceases or exceeds 20% of X’s total CGS ($120) of the to pass-thru entities, including the to be a member of the same EAG to which drug at the time X disposes of the drug to Y. section 199(d)(1)(A)(iii) wage limitation Y, the other partner in PRS, belongs. For Similarly, Y’s gross receipts from the sale of under § 1.199–5T(b)(3). In determining 2007, X is treated as having MPGE the QPP the drug to customers are DPGR because Y whether a member of an EAG or an EAG within the United States under paragraph is considered to have MPGE the drug in partnership MPGE QPP in whole or in (i)(8)(ii)(A) of this section, and its gross significant part in the United States pursuant receipts derived from the rental of the QPP to the safe harbor described in § 1.199–3(g)(3) significant part within the United States qualify as DPGR. For 2008, however, because because the $29 ($15 + $12 + $2) of direct or produced a qualified film or X and Y, partners in PRS, are no longer labor and overhead incurred by PRS, X, and produced utilities within the United members of the same EAG for the entire year, Y equals or exceeds 20% of Y’s total CGS States, see § 1.199–3(g)(2) and (3) and the gross rental receipts X takes into account ($130) of the drug at the time Y disposes of Example 5 of paragraph (i)(8)(iv) of this in 2008 do not qualify as DPGR. the drug to Y’s customers. section. Example 4. Distribution. X and Y are the I Par. 7. Section 1.199–5 is amended by (iv) Examples. The following only partners in PRS, a partnership, for PRS’s adding a sentence at the end to read as examples illustrate the rules of this entire 2007 taxable year. X and Y are both follows: paragraph (i)(8). Assume that PRS, X, Y, members of a single EAG for the entire 2007 year. In 2007, PRS MPGE QPP within the and Z all are calendar year taxpayers. United States, incurring $600 of CGS, and § 1.199–5 Application of section 199 to Example 1. Contribution. X and Y are the then distributes the QPP to X. X’s adjusted pass-thru entities for taxable years only partners in PRS, a partnership, for PRS’s basis in the QPP is $600. X incurs $200 of beginning after May 17, 2006, the enactment entire 2007 taxable year. X and Y are both directly allocable costs to further MPGE the date of the Tax Increase Prevention and members of a single EAG for the entire 2007 QPP within the United States. In 2007, X Reconciliation Act of 2005. year. In 2007, X MPGE QPP within the sells the QPP for $1,500 to an unrelated * * * For further guidance, see United States and contributes the QPP to customer. X is treated as having disposed of § 1.199–5T. PRS. In 2007, PRS sells the QPP for $1,000. the QPP on the date it ceases to own the QPP I Par. 8. Section 1.199–5T is added to Under this paragraph (i)(8), PRS is treated as for Federal income tax purposes. Under read as follows: having MPGE the QPP within the United paragraph (i)(8)(ii)(A) of this section, X is States, and PRS’s $1,000 gross receipts treated as having MPGE the QPP within the § 1.199–5T Application of section 199 to constitute DPGR. PRS, X, and Y must apply United States, and X’s $1,500 of gross pass-thru entities for taxable years the rules of this section regarding the receipts qualify as DPGR. beginning after May 17, 2006, the enactment application of section 199 to pass-thru Example 5. Multiple sales. (i) Facts. X and date of the Tax Increase Prevention and entities with respect to the activity of PRS, Y are the only partners in PRS, a partnership, Reconciliation Act of 2005 (temporary). including the section 199(d)(1)(A)(iii) wage for PRS’s entire 2007 taxable year. X and Y (a) In general. The provisions of this limitation under § 1.199–5T(b)(3). are both non-consolidated members of a Example 2. Sale. X, Y, and Z are the only single EAG for the entire 2007 year. PRS section apply solely for purposes of members of a single EAG for the entire 2007 produces in bulk form in the United States section 199 of the Internal Revenue year. X and Y each own 50% of the capital the active ingredient for a drug. Assume that Code (Code). and profits interests in PRS, a partnership, PRS’s own MPGE activity with respect to the (b) Partnerships—(1) In general—(i) for PRS’s entire 2007 taxable year. In 2007, active ingredient is not substantial in nature, Determination at partner level. The PRS MPGE QPP within the United States and taking into account all of the facts and deduction with respect to the qualified then sells the QPP to X for $6,000, its fair circumstances, and PRS’s direct labor and production activities of the partnership market value at the time of the sale. PRS’s overhead to MPGE the active ingredient allowable under § 1.199–1(a) (section gross receipts of $6,000 qualify as DPGR. In within the United States are $15 and account 199 deduction) is determined at the 2007, X sells the QPP to customers for for 15% of PRS’s $100 CGS of the active partner level. As a result, each partner $10,000, incurring selling expenses of $2,000. ingredient. In 2007, PRS sells the active Under paragraph (i)(8)(ii)(A) of this section, ingredient in bulk form to X. X uses the must compute its deduction separately. X is treated as having MPGE the QPP within active ingredient to produce the finished The section 199 deduction has no effect the United States, and X’s $10,000 of gross dosage form drug. Assume that X’s own on the adjusted basis of the partner’s receipts qualify as DPGR. PRS, X and Y must MPGE activity with respect to the drug is not interest in the partnership. Except as apply the rules of this section regarding the substantial in nature, taking into account all provided by publication pursuant to

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paragraph (b)(1)(ii) of this section, for and apportioning deductions in partnership must allocate the amount of purposes of this section, each partner is calculating its QPAI from other sources); paragraph (e)(1) wages among the allocated, in accordance with sections (C) A partner generally does not partners in the same manner it allocates 702 and 704, its share of partnership recompute its share of QPAI from the wage expense among those partners. items (including items of income, gain, partnership using another method; The partner must add its share of the loss, and deduction), cost of goods sold however, the partner might have to paragraph (e)(1) wages from the (CGS) allocated to such items of income, adjust its share of QPAI from the partnership to the partner’s paragraph and gross receipts that are included in partnership to take into account certain (e)(1) wages from other sources, if any. such items of income, even if the disallowed losses or deductions, or the The partner (other than a partner that partner’s share of CGS and other allowance of suspended losses or itself is a partnership or S corporation) deductions and losses exceeds domestic deductions; and then must calculate its W–2 wages by production gross receipts (DPGR) (as (D) A partner’s distributive share of determining the amount of the partner’s defined in § 1.199–3(a)). A partnership QPAI from a partnership may be less total paragraph (e)(1) wages properly may specially allocate items of income, than zero. allocable to DPGR. If the partner is a gain, loss, or deduction to its partners, (2) Disallowed losses or deductions. partnership or S corporation, the partner subject to the rules of section 704(b) and Except as provided by publication in the must allocate its paragraph (e)(1) wages the supporting regulations. Guaranteed Internal Revenue Bulletin (see (including the paragraph (e)(1) wages payments under section 707(c) are not § 601.601(d)(2)(ii)(b) of this chapter), from a lower-tier partnership) among its considered allocations of partnership losses or deductions of a partnership are partners or shareholders in the same income for purposes of this section. taken into account in computing the manner it allocates wage expense among Guaranteed payments under section partner’s section 199 deduction for a those partners or shareholders. See 707(c) are deductions by the partnership taxable year only if, and to the extent § 1.199–2T(e)(2) for the computation of that must be taken into account under that, the partner’s distributive share of W–2 wages and for the proper allocation the rules of § 1.199–4. See § 1.199–3(p) those losses or deductions from all of of any such wages to DPGR. the partnership’s activities is not and paragraph (b)(6) Example 5 of this (4) Transition rule for definition of W– disallowed by section 465, 469, or section. Except as provided in 2 wages and for W–2 wage limitation. If 704(d), or any other provision of the paragraph (b)(1)(ii) of this section, to a partnership and any partner in that Code. If only a portion of the partner’s determine its section 199 deduction for partnership have different taxable years, distributive share of the losses or the taxable year, a partner aggregates its only one of which begins on or before deductions from a partnership is distributive share of such items, to the May 17, 2006, the definition of W–2 allowed for a taxable year, a extent they are not otherwise disallowed wages of the partnership and the section proportionate share of those allowable by the Code, with those items it incurs 199(d)(1)(A)(iii) limitation on W–2 losses or deductions that are allocated to outside the partnership (whether wages from that partnership is the partnership’s qualified production directly or indirectly) for purposes of determined under the law applicable to activities, determined in a manner partnerships based on the beginning allocating and apportioning deductions consistent with sections 465, 469, and to DPGR and computing its qualified date of the partnership’s taxable year. 704(d), and any other applicable Thus, for example, for the taxable year production activities income (QPAI) (as provision of the Code, is taken into defined in § 1.199–1(c)). of a partnership beginning on or before account in computing QPAI for that May 17, 2006, a partner’s share of W– (ii) Determination at entity level. The taxable year. To the extent that any of 2 wages from the partnership is Secretary may, by publication in the the disallowed losses or deductions are determined under section Internal Revenue Bulletin (see allowed in a later taxable year under 199(d)(1)(A)(iii) as in effect for taxable § 601.601(d)(2)(ii)(b) of this chapter), section 465, 469, or 704(d), or any other years beginning on or before May 17, permit a partnership to calculate a provision of the Code, the partner takes 2006, even if the taxable year of that partner’s share of QPAI and W–2 wages into account a proportionate share of partner in which those wages are taken as defined in § 1.199–2T(e)(2) (W–2 those allowed losses or deductions that into account begins after May 17, 2006. wages) at the entity level, instead of are allocated to the partnership’s (5) Partnerships electing out of allocating to the partner, in accordance qualified production activities in subchapter K. For purposes of §§ 1.199– with sections 702 and 704, the partner’s computing the partner’s QPAI for that 1 through 1.199–8, the rules of share of partnership items (including later taxable year. Losses or deductions paragraph (b) of this section apply to all items of income, gain, loss, and of the partnership that are disallowed partnerships, including those deduction) and amounts described in for taxable years beginning on or before partnerships electing under section § 1.199–2(e)(1) (paragraph (e)(1) wages). December 31, 2004, are not taken into 761(a) to be excluded, in whole or in If a partnership does calculate QPAI at account in a later taxable year for part, from the application of subchapter the entity level— purposes of computing the partner’s K of chapter 1 of the Code. (A) Each partner is allocated its share QPAI for that later taxable year, whether (6) Examples. The following examples of QPAI (subject to the limitations of or not the losses or deductions are illustrate the application of this paragraph (b)(2) of this section) and W– allowed for other purposes. paragraph (b). Assume that each partner 2 wages from the partnership, which are (3) Partner’s share of paragraph (e)(1) has sufficient adjusted gross income or combined with the partner’s QPAI and wages. Under section 199(d)(1)(A)(iii), a taxable income so that the section 199 W–2 wages from other sources, if any; partner’s share of paragraph (e)(1) wages deduction is not limited under section (B) For purposes of computing QPAI of a partnership for purposes of 199(a)(1)(B). Assume also that the under §§ 1.199–1 through 1.199–8, a determining the partner’s wage partnership and each of its partners partner does not take into account the limitation under section 199(b)(1) (W–2 (whether individual or corporate) are items from the partnership (for example, wage limitation) equals the partner’s calendar year taxpayers. a partner does not take into account allocable share of those wages. Except as Example 1. Section 861 method with items from the partnership in provided by publication in the Internal interest expense. (i) Partnership Federal determining whether a threshold or de Revenue Bulletin (see income tax items. X and Y, unrelated United minimis rule applies or in allocating § 601.601(d)(2)(ii)(b) of this chapter), the States corporations, are each 50% partners in

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PRS, a partnership that engages in allocable to DPGR and non-DPGR. In this $5,000, $4,000 of which generate gross production activities that generate both case, because CGS is definitely related under income attributable to DPGR and $1,000 of DPGR and non-DPGR. X and Y share all the facts and circumstances to all of PRS’s which generate gross income attributable to items of income, gain, loss, deduction, and gross receipts, apportionment of CGS non-DPGR. For 2010, PRS has the following credit equally. Both X and Y are engaged in between DPGR and non-DPGR based on gross Federal income tax items: a trade or business. PRS is not able to receipts is appropriate. For 2010, the identify from its books and records CGS adjusted basis of PRS’s business assets is

DPGR ...... $3,000 Non-DPGR ...... 3,000 CGS ...... 3,240 Section 162 selling expenses ...... 1,200 Interest expense (not included in CGS) ...... 300

(ii) Allocation of PRS’s Federal the following distributive share of PRS’s under the principles of § 1.704– income tax items. X and Y each receive Federal income tax items, as determined 1(b)(1)(vii):

Gross income attributable to DPGR ($1,500 (DPGR)—$810 (allocable CGS)) ...... $690 Gross income attributable to non-DPGR ($1,500 (non-DPGR)—$810 (allocable CGS)) ...... 690 Section 162 selling expenses ...... 600 Interest expense (not included in CGS) ...... 150

(iii) Determination of QPAI. (A) X’s all of which are investment assets, is gross income. Based on the facts and QPAI. Because the section 199 $10,000. X’s only gross receipts for 2010 circumstances of this specific case, deduction is determined at the partner are those attributable to the allocation of apportionment of those expenses level, X determines its QPAI by gross income from PRS. X allocates and between DPGR and non-DPGR on the aggregating its distributive share of apportions its deductible items to gross basis of PRS’s gross receipts is PRS’s Federal income tax items with all income attributable to DPGR under the appropriate. X elects to apportion its other such items from all other, non- section 861 method of § 1.199–4(d). In distributive share of interest expense PRS-related activities. For 2010, X does this case, the section 162 selling under the tax book value method of not have any other such items. For 2010, expenses are not included in CGS and § 1.861–9T(g). X’s QPAI for 2010 is the adjusted basis of X’s non-PRS assets, are definitely related to all of PRS’s $366, as shown in the following table:

DPGR ...... $1,500 CGS allocable to DPGR ...... (810) Section 162 selling expenses ($600 × ($1,500 DPGR/$3,000 total gross receipts)) ...... (300) Interest expense (not included in CGS) ($150 × ($2,000 (X’s share of PRS’s DPGR assets)/$12,500 (X’s non-PRS assets ($10,000) + X’s share of PRS assets ($2,500)))) ...... (24)

X’s QPAI ...... 366

(B) Y’s QPAI. (1) For 2010, in addition allocable to DPGR and to non-DPGR. For generate non-DPGR is $2,000. Y has no to the activities of PRS, Y engages in 2010, the adjusted basis of Y’s non-PRS other assets. Y has the following Federal production activities that generate both assets attributable to its production income tax items relating to its non-PRS DPGR and non-DPGR. Y is able to activities that generate DPGR is $8,000 activities: identify from its books and records CGS and to other production activities that

Gross income attributable to DPGR ($1,500 (DPGR)—$900 (allocableCGS)) ...... $600 Gross income attributable to non-DPGR ($3,000 (other gross receipts)—$1,620 (allocable CGS)) ...... 1,380 Section 162 selling expenses ...... 540 Interest expense (not included in CGS) ...... 90

(2) Y determines its QPAI in the same Y’s distributive share of PRS’s section appropriate. Y elects to apportion its general manner as X. However, because 162 selling expenses, as well as those distributive share of interest expense Y has other trade or business activities selling expenses from Y’s non-PRS under the tax book value method of outside of PRS, Y must aggregate its activities, are definitely related to all of § 1.861–9T(g). Y has $1,290 of gross distributive share of PRS’s Federal its gross income. Based on the facts and income attributable to DPGR ($3,000 income tax items with its own such circumstances of this specific case, DPGR ($1,500 from PRS and $1,500 items. Y allocates and apportions its apportionment of those expenses from non-PRS activities)—$1,710 CGS deductible items to gross income between DPGR and non-DPGR on the ($810 from PRS and $900 from non-PRS attributable to DPGR under the section basis of Y’s gross receipts (including Y’s activities)). Y’s QPAI for 2010 is $642, 861 method of § 1.199–4(d). In this case, share of PRS’s gross receipts) is as shown in the following table:

DPGR ($1,500 from PRS and $1,500 from non-PRS activities) ...... $3,000 CGS allocable to DPGR ($810 from PRS and $900 from non-PRS activities) ...... (1,710)

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Section 162 selling expenses ($1,140 ($600 from PRS and $540 from non-PRS activities) × $3,000 ($1,500 PRS DPGR + $1,500 non-PRS DPGR)/ $7,500 ($3,000 PRS total gross receipts + $4,500 non-PRS total gross receipts)) ...... (456) Interest expense (not included in CGS) ($240 ($150 from PRS and $90 from non-PRS activities) × $10,000 (Y’s non-PRS DPGR assets ($8,000) + Y’s share of PRS DPGR assets ($2,000))/$12,500 (Y’s non-PRS assets ($10,000) + Y’s share of PRS assets ($2,500))) ...... (192)

Y’s QPAI ...... 642

(iv) Determination of section 199 activities that generate both DPGR and non- circumstances to all of PRS’s gross receipts, deduction. X’s tentative section 199 DPGR. Neither X nor Y is a member of an apportionment of CGS between DPGR and deduction is $33 (.09 x $366, that is, QPAI affiliated group. X and Y share all items of non-DPGR based on gross receipts is determined at the partner level) subject to the income, gain, loss, deduction, and credit appropriate. PRS incurs $900 of research and W–2 wage limitation (50% of W–2 wages). equally. All of PRS’s domestic production experimentation expenses (R&E) that are Y’s tentative section 199 deduction is $58 activities that generate DPGR are within deductible under section 174, $300 of which (.09 x $642) subject to the W–2 wage Standard Industrial Classification (SIC) limitation. Industry Group AAA (SIC AAA). All of PRS’s are performed with respect to SIC AAA and Example 2. Section 861 method with R&E production activities that generate non-DPGR $600 of which are performed with respect to expense. (i) Partnership Federal income tax are within SIC Industry Group BBB (SIC SIC BBB. None of the R&E is legally items. X and Y, unrelated United States BBB). PRS is not able to identify from its mandated R&E as described in § 1.861– corporations each of which is engaged in a books and records CGS allocable to DPGR 17(a)(4) and none is included in CGS. For trade or business, are partners in PRS, a and to non-DPGR. In this case, because CGS 2010, PRS has the following Federal income partnership that engages in production is definitely related under the facts and tax items:

DPGR (all from sales of products within SIC AAA) ...... $3,000 Non-DPGR (all from sales of products within SIC BBB) ...... 3,000 CGS ...... 2,400 Section 162 selling expenses ...... 840 Section 174 R&E–SIC AAA ...... 300 Section 174 R&E–SIC BBB ...... 600

(ii) Allocation of PRS’s Federal income tax tax items, as determined under the principles items. X and Y each receive the following of § 1.704–1(b)(1)(vii): distributive share of PRS’s Federal income

Gross income attributable to DPGR ($1,500 (DPGR)—$600 (CGS)) ...... $900 Gross income attributable to non-DPGR ($1,500 (other gross receipts)—$600 (CGS)) ...... 900 Section 162 selling expenses ...... 420 Section 174 R&E–SIC AAA ...... 150 Section 174 R&E–SIC BBB ...... 300

(iii) Determination of QPAI. (A) X’s QPAI. activities that generate DPGR are within SIC apportioning R&E, X elects to use the sales Because the section 199 deduction is AAA. X allocates and apportions its method as described in § 1.861–17(c). determined at the partner level, X determines deductible items to gross income attributable Because X has no direct sales of products, its QPAI by aggregating its distributive share to DPGR under the section 861 method of and because all of PRS’s SIC AAA sales of PRS’s Federal income tax items with all § 1.199–4(d). In this case, the section 162 attributable to X’s share of PRS’s gross other such items from all other, non-PRS- selling expenses are definitely related to all income generate DPGR, all of X’s share of related activities. For 2010, X does not have of PRS’s gross income. Based on the facts and PRS’s section 174 R&E attributable to SIC any other such tax items. X’s only gross circumstances of this specific case, AAA is taken into account for purposes of receipts for 2010 are those attributable to the apportionment of those expenses between determining X’s QPAI. Thus, X’s total QPAI allocation of gross income from PRS. As DPGR and non-DPGR on the basis of PRS’s for 2010 is $540, as shown in the following stated, all of PRS’s domestic production gross receipts is appropriate. For purposes of table:

DPGR (all from sales of products within SIC AAA) ...... $1,500 CGS ...... (600) Section 162 selling expenses ($420 × ($1,500 DPGR/$3,000 total gross receipts)) ...... (210) Section 174 R&E–SIC AAA ...... (150)

X’s QPAI ...... 540

(B) Y’s QPAI. (1) For 2010, in addition to from its books and records CGS allocable to CGS between DPGR and non-DPGR based on the activities of PRS, Y engages in domestic DPGR and to non-DPGR. In this case, because Y’s non-PRS gross receipts is appropriate. For production activities that generate both non-PRS CGS is definitely related under the 2010, Y has the following non-PRS Federal DPGR and non-DPGR. With respect to those facts and circumstances to all of Y’s non-PRS income tax items: non-PRS activities, Y is not able to identify gross receipts, apportionment of non-PRS

DPGR (from sales of products within SIC AAA) ...... $1,500 DPGR (from sales of products within SIC BBB) ...... 1,500 Non-DPGR (from sales of products within SIC BBB) ...... 3,000 CGS (allocated to DPGR within SIC AAA) ...... 750

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CGS (allocated to DPGR within SIC BBB) ...... 750 CGS (allocated to non-DPGR within SIC BBB) ...... 1,500 Section 162 selling expenses ...... 540 Section 174 R&E–SIC AAA ...... 300 Section 174 R&E–SIC BBB ...... 450

(2) Because Y has DPGR as a result of expenses between DPGR and non-DPGR on in SIC AAA generate DPGR, all of Y’s share activities outside PRS, Y must aggregate its the basis of Y’s gross receipts (including Y’s of PRS’s section 174 R&E attributable to SIC distributive share of PRS’s Federal income share of PRS’s gross receipts) is appropriate. AAA and the section 174 R&E attributable to tax items with such items from all its other, For purposes of apportioning R&E, Y elects SIC AAA that Y incurs in its non-PRS non-PRS-related activities. Y allocates and to use the sales method as described in activities are taken into account for purposes apportions its deductible items to gross § 1.861–17(c). of determining Y’s QPAI. Because only a income attributable to DPGR under the (3) With respect to sales that generate portion of the sales within SIC BBB generate section 861 method of § 1.199–4(d). In this DPGR, Y has gross income of $2,400 ($4,500 DPGR, only a portion of the section 174 R&E case, the section 162 selling expenses are DPGR ($1,500 from PRS and $3,000 from attributable to SIC BBB is taken into account definitely related to all of Y’s gross income. non-PRS activities) ¥ $2,100 CGS ($600 from in determining Y’s QPAI. Thus, Y’s QPAI for Based on the facts and circumstances of the sales of products by PRS and $1,500 from 2010 is $1,282, as shown in the following specific case, apportionment of such non-PRS activities)). Because all of the sales table:

DPGR ($4,500 DPGR ($1,500 from PRS and $3,000 from non-PRS activities)) ...... $4,500 CGS ($600 from sales of products by PRS and $1,500 from non-PRS activities) ...... (2,100) Section 162 selling expenses ($960 ($420 from PRS + $540 from non-PRS activities) × ($4,500 DPGR/$9,000 total gross re- ceipts)) ...... (480) Section 174 R&E SIC AAA ($150 from PRS and $300 from non-PRS activities) ...... (450) Section 174 R&E–SIC BBB ($750 ($300 from PRS + $450 from non-PRS activities) × ($1,500 DPGR/$6,000 total gross re- ceipts allocated to SIC BBB ($1,500 from PRS + $4,500 from non-PRS activities))) ...... (188)

Y’s QPAI ...... 1,282

(iv) Determination of section 199 distributive share of the Federal income tax ($500 of which is DPGR), CGS of $400 deduction. X’s tentative section 199 items of PRS is $1,250 of gross income (including $50 of paragraph (e)(1) wages), deduction is $49 (.09 × $540, that is, QPAI attributable to DPGR ($3,000 DPGR ¥ $1,750 and deductions of $200 for the 2010 taxable determined at the partner level) subject to the allocable CGS), $750 of gross income year. B has no trade or business activities W–2 wage limitation (50% of W–2 wages). attributable to non-DPGR ($1,000 non-DPGR outside of PRS. A and B each use the small Y’s tentative section 199 deduction is $115 ¥ $250 allocable CGS), and $1,800 of business simplified overall method under (.09 × $1,282) subject to the W–2 wage deductions (comprised of X’s special § 1.199–4(f). limitation. allocations of $1,600 of wage expense ($2,000 (ii) A’s QPAI. A’s total CGS and deductions × 80%) for marketing and $200 of other apportioned to DPGR equal $600 (($1,200 Example 3. Partnership with special × allocations. (i) In general. X and Y are expenses ($1,000 20%)). Under the ($200 PRS CGS + $400 non-PRS CGS + $400 simplified deduction method, X apportions PRS deductions + $200 non-PRS trade or unrelated corporate partners in PRS and each × is engaged in a trade or business. PRS is a $1,200 of other deductions to DPGR ($2,000 business deductions)) ($1,000 total DPGR ($1,800 from the partnership and $200 from ($500 from PRS + $500 from non-PRS partnership that engages in a domestic × production activity and other activities. In non-partnership activities) ($3,000 DPGR/ activities)/$2,000 total gross receipts ($1,000 $5,000 total gross receipts)). Accordingly, X’s from PRS + $1,000 from non-PRS activities))). general, X and Y share all partnership items ¥ ¥ of income, gain, loss, deduction, and credit QPAI is $50 ($3,000 DPGR $1,750 CGS Accordingly, A’s QPAI is $400 ($1,000 DPGR $1,200 of deductions). X has $1,800 of ($500 from PRS + $500 from non-PRS equally, except that 80% of the wage expense ¥ of PRS and 20% of PRS’s other expenses are paragraph (e)(1) wages ($1,600 (X’s 80% activities) $600 CGS and deductions). specially allocated to X. Under all the facts share) from PRS + $200 (X’s own non-PRS (iii) A’s W–2 wages and section 199 and circumstances, these special allocations paragraph (e)(1) wages)). To calculate its W– deduction. A has $50 of paragraph (e)(1) have substantial economic effect under 2 wages, X must determine how much of this wages ($0 from PRS + $50 from A’s non-PRS section 704(b). In the 2010 taxable year, $1,800 is properly allocable under § 1.199– activities). To calculate A’s W–2 wages, A PRS’s only wage expense is $2,000 for 2T(e)(2) to X’s total DPGR (including X’s determines, under a reasonable method marketing, which is not included in CGS. share of DPGR from PRS). Thus, X’s tentative satisfactory to the Secretary, that $40 of this section 199 deduction for the 2010 taxable $50 is properly allocable under § 1.199– PRS has $8,000 of gross receipts ($6,000 of × which is DPGR), $4,000 of CGS ($3,500 of year is $5 (.09 $50), subject to the W–2 2T(e)(2) to A’s DPGR from PRS and non-PRS wage limitation (50% of X’s W–2 wages). activities. A’s tentative section 199 deduction which is allocable to DPGR), and $3,000 of × deductions (comprised of $2,000 of wage Example 4. Partnership with no paragraph is $36 (.09 $400), subject to the W–2 wage expense for marketing and $1,000 of other (e)(1) wages. (i) Facts. A and B, both limitation of $20 (50% of W–2 wages of $40). expenses). X qualifies for and uses the individuals, are partners in PRS. PRS is a Thus, A’s section 199 deduction is $20. simplified deduction method under § 1.199– partnership that engages in manufacturing (iv) B’s QPAI and section 199 deduction. 4(e). Y does not qualify to use that method activities that generate both DPGR and non- B’s CGS and deductions apportioned to DPGR equal $300 (($200 PRS CGS + $400 and, therefore, must use the section 861 DPGR. A and B share all items of income, × method under § 1.199–4(d). In the 2010 gain, loss, deduction, and credit equally. For PRS deductions) ($500 DPGR from PRS taxable year, X has gross receipts attributable the 2010 taxable year, PRS has total gross /$1,000 total gross receipts from PRS)). to non-partnership trade or business receipts of $2,000 ($1,000 of which is DPGR), Accordingly, B’s QPAI is $200 ($500 DPGR ¥ $300 CGS and deductions). B’s tentative activities of $1,000 and wage expense of CGS of $400 and deductions of $800. PRS has × $200. None of X’s non-PRS gross receipts is no paragraph (e)(1) wages. Each partner’s section 199 deduction is $18 (.09 $200), DPGR. For purposes of this example, with distributive share of PRS’s Federal income subject to the W–2 wage limitation. In this regard to both X and PRS, paragraph (e)(1) tax items is $500 DPGR, $500 non-DPGR, case, however, the limitation is $0, because wages equal wage expense for the 2010 $200 CGS, and $400 of deductions. A has B has no paragraph (e)(1) wages. Thus, B’s taxable year. trade or business activities outside of PRS section 199 deduction is $0. (ii) Allocation and apportionment of costs. (non-PRS activities). With respect to those Example 5. Guaranteed payment. (i) Facts. Under the partnership agreement, X’s activities, A has total gross receipts of $1,000 The facts are the same as in Example 4,

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except that in 2010 PRS also makes a publication under paragraph (c)(1)(ii) of Code. If only a portion of the guaranteed payment of $200 to A for services this section, to determine its section 199 shareholder’s share of the losses or rendered by A (see section 707(c)), and PRS deduction for the taxable year, the deductions from an S corporation is incurs $200 of wage expense for employees’ shareholder aggregates its pro rata share allowed for a taxable year, a salary, which is included within the $400 of CGS (in this case the wage expense of $200 of such items, to the extent they are not proportionate share of those allowable equals PRS’s paragraph (e)(1) wages). The otherwise disallowed by the Code, with losses or deductions that are allocated to guaranteed payment is taxable to A as those items it incurs outside the S the S corporation’s qualified production ordinary income and is properly deducted by corporation (whether directly or activities, determined in a manner PRS under section 162. Pursuant to § 1.199– indirectly) for purposes of allocating consistent with sections 465, 469, and 3(p), A may not treat any part of this payment and apportioning deductions to DPGR 1366(d), and any other applicable as DPGR. Accordingly, PRS has total gross and computing its QPAI. provision of the Code, is taken into receipts of $2,000 ($1,000 of which is DPGR), (ii) Determination at entity level. The account in computing QPAI for that CGS of $400 (including $200 of wage Secretary may, by publication in the taxable year. To the extent that any of expense) and deductions of $1,000 (including Internal Revenue Bulletin (see the $200 guaranteed payment) for the 2010 the disallowed losses or deductions are taxable year. Each partner’s distributive share § 601.601(d)(2)(ii)(b) of this chapter), allowed in a later taxable year under of the items of the partnership is $500 DPGR, permit an S corporation to calculate a section 465, 469, or 704(d), or any other $500 non-DPGR, $200 CGS (including $100 shareholder’s share of QPAI and W–2 provision of the Code, the shareholder of wage expense), and $500 of deductions. wages at the entity level, instead of takes into account a proportionate share (ii) A’s QPAI and W–2 wages. A’s total CGS allocating to the shareholder, in of those allowed losses or deductions and deductions apportioned to DPGR equal accordance with section 1366, the that are allocated to the S corporation’s $591 ($1,300 ($200 PRS CGS + $400 non-PRS shareholder’s pro rata share of S qualified production activities in CGS + $500 PRS deductions + $200 non-PRS corporation items (including items of × computing the shareholder’s QPAI for trade or business deductions) ($1,000 total income, gain, loss, and deduction) and that later taxable year. Losses or DPGR ($500 from PRS + $500 from non-PRS paragraph (e)(1) wages. If an S activities)/$2,200 total gross receipts ($1,000 deductions of the S corporation that are from PRS + $200 guaranteed payment + corporation does calculate QPAI at the disallowed for taxable years beginning $1,000 from non-PRS activities))). entity level— on or before December 31, 2004, are not Accordingly, A’s QPAI is $409 ($1,000 DPGR (A) Each shareholder is allocated its taken into account in a later taxable year ¥ $591 CGS and other deductions). A’s total share of QPAI (subject to the limitations for purposes of computing the paragraph (e)(1) wages are $150 ($100 from of paragraph (c)(2) of this section) and shareholder’s QPAI for that later taxable PRS + $50 from non-PRS activities). To W–2 wages from the S corporation, year, whether or not the losses or calculate its W–2 wages, A must determine which are combined with the deductions are allowed for other how much of this $150 is properly allocable shareholder’s QPAI and W–2 wages purposes. under § 1.199–2T(e)(2) to A’s total DPGR from other sources, if any; (3) Shareholder’s share of paragraph from PRS and non-PRS activities. A’s (B) For purposes of computing QPAI (e)(1) wages. Under section tentative section 199 deduction is $37 (.09 x under §§ 1.199–1 through 1.199–8, a 199(d)(1)(A)(iii), an S corporation $409), subject to the W–2 wage limitation shareholder does not take into account (50% of W–2 wages). shareholder’s share of the paragraph (iii) B’s QPAI and W–2 wages. B’s QPAI is the items from the S corporation (for (e)(1) wages of the S corporation for $150 ($500 DPGR ¥ $350 CGS and other example, a shareholder does not take purposes of determining the deductions). B has $100 of paragraph (e)(1) into account items from the S shareholder’s W–2 wage limitation wages (all from PRS). To calculate its W–2 corporation in determining whether a equals the shareholder’s allocable share wages, B must determine how much of this threshold or de minimis rule applies or of those wages. Except as provided by $100 is properly allocable under § 1.199– in allocating and apportioning publication in the Internal Revenue 2T(e)(2) to B’s total DPGR. B’s tentative deductions in calculating its QPAI from × Bulletin (see § 601.601(d)(2)(ii)(b) of this section 199 deduction is $14 (.09 $150), other sources); chapter), the S corporation must allocate subject to the W–2 wage limitation (50% of (C) A shareholder generally does not B’s W–2 wages). the paragraph (e)(1) wages among the recompute its share of QPAI from the S shareholders in the same manner it (c) S corporations—(1) In general—(i) corporation using another method; allocates wage expense among those Determination at shareholder level. The however, the shareholder might have to shareholders. The shareholder then section 199 deduction with respect to adjust its share of QPAI from the S must add its share of the paragraph the qualified production activities of an corporation to take into account certain (e)(1) wages from the S corporation to S corporation is determined at the disallowed losses or deductions, or the the shareholder’s paragraph (e)(1) wages shareholder level. As a result, each allowance of suspended losses or from other sources, if any, and then shareholder must compute its deduction deductions; and must determine the portion of those separately. The section 199 deduction (D) A shareholder’s share of QPAI total paragraph (e)(1) wages allocable to has no effect on the adjusted basis of a from an S corporation may be less than DPGR to compute the shareholder’s W– shareholder’s stock in an S corporation. zero. 2 wages. See § 1.199–2T(e)(2) for the Except as provided by publication (2) Disallowed losses or deductions. computation of W–2 wages and for the pursuant to paragraph (c)(1)(ii) of this Except as provided by publication in the proper allocation of such wages to section, for purposes of this section, Internal Revenue Bulletin (see DPGR. each shareholder is allocated, in § 601.601(d)(2)(ii)(b) of this chapter), (4) Transition rule for definition of W– accordance with section 1366, its pro losses or deductions of the S 2 wages and for W–2 wage limitation. If rata share of S corporation items corporation are taken into account in an S corporation and any of its (including items of income, gain, loss, computing the shareholder’s section 199 shareholders have different taxable and deduction), CGS allocated to such deduction for a taxable year only if, and years, only one of which begins on or items of income, and gross receipts to the extent that, the shareholder’s pro before May 17, 2006, the definition of included in such items of income, even rata share of the losses or deductions W–2 wages of the S corporation and the if the shareholder’s share of CGS and from all of the S corporation’s activities section 199(d)(1)(A)(iii) limitation on other deductions and losses exceeds is not disallowed by section 465, 469, or W–2 wages from that S corporation is DPGR. Except as provided by 1366(d), or any other provision of the determined under the law applicable to

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S corporations based on the beginning qualify to use the simplified deduction trust or estate with the taxpayer’s total date of the S corporation’s taxable year. method, in which case it must use the QPAI and W–2 wages from other Thus, for example, for the short taxable section 861 method of § 1.199–4(d) with sources, the taxpayer, when applying year of an S corporation beginning after respect to such other expenses). For this §§ 1.199–1 through 1.199–8 to May 17, 2006, and ending in 2006, a purpose, depletion and depreciation determine the taxpayer’s total QPAI and shareholder’s share of W–2 wages from deductions described in section 642(e) W–2 wages from such other sources, the S corporation is determined under and amortization deductions described does not take into account the items section 199(d)(1)(A)(iii) for taxable years in section 642(f) are treated as other from such trust or estate. Thus, for beginning after May 17, 2006, even if expenses described in section 199(d)(5). example, a beneficiary of an estate that that shareholder’s taxable year began on Also for this purpose, the trust’s or receives QPAI from the estate does not or before May 17, 2006. estate’s share of other expenses from a take into account the beneficiary’s (d) Grantor trusts. To the extent that lower-tier pass-thru entity is not directly distributive share of the estate’s gross the grantor or another person is treated attributable to any class of income receipts, gross income, or deductions as owning all or part (the owned (whether or not those other expenses are when the beneficiary determines portion) of a trust under sections 671 directly attributable to the aggregate whether a threshold or de minimis rule through 679, such person (owner) pass-thru gross income as a class for applies or when the beneficiary computes its QPAI with respect to the purposes other than section 199). A allocates and apportions deductions in owned portion of the trust as if that trust or estate may not use the small calculating its QPAI from other sources. QPAI had been generated by activities business simplified overall method for Similarly, in determining the portion of performed directly by the owner. computing its QPAI. See § 1.199–4(f)(5). the beneficiary’s paragraph (e)(1) wages Similarly, for purposes of the W–2 wage (2) Allocation among trust or estate from other sources that is attributable to limitation, the owner of the trust takes and beneficiaries—(i) In general. The DPGR (thus, the W–2 wages from other into account the owner’s share of the QPAI of a trust or estate (which will be sources), the beneficiary does not take paragraph (e)(1) wages of the trust that less than zero if the CGS and deductions into account DPGR and non-DPGR from are attributable to the owned portion of allocated and apportioned to DPGR the trust or estate. the trust. The provisions of paragraph exceed the trust’s or estate’s DPGR) and (3) Transition rule for definition of W– (e) of this section do not apply to the W–2 wages of a trust or estate are 2 wages and for W–2 wage limitation. owned portion of a trust. allocated to each beneficiary and to the The definition of W–2 wages of a trust (e) Non-grantor trusts and estates—(1) trust or estate based on the relative or estate and the section 199(d)(1)(A)(iii) Allocation of costs. The trust or estate proportion of the trust’s or estate’s limitation on W–2 wages from that trust calculates each beneficiary’s share (as distributable net income (DNI), as or estate, and thus the beneficiary’s well as the trust’s or estate’s own share, defined by section 643(a), for the taxable share of W–2 wages from that trust or if any) of QPAI and W–2 wages from the year that is distributed or required to be estate, is determined under the law trust or estate at the trust or estate level. distributed to the beneficiary or is applicable to pass-thru entities based on The beneficiary of a trust or estate may retained by the trust or estate. To the the beginning date of the taxable year of not recompute its share of QPAI or W– extent that the trust or estate has no DNI the trust or estate, regardless of the 2 wages from the trust or estate by using for the taxable year, any QPAI and W– beginning date of the taxable year of the another method to reallocate the trust’s 2 wages are allocated entirely to the beneficiary. or estate’s qualified production costs or trust or estate. A trust or estate is paragraph (e)(1) wages, or otherwise. allowed the section 199 deduction in (4) Example. The following example Except as provided in paragraph (d) of computing its taxable income to the illustrates the application of this this section, the QPAI of a trust or estate extent that QPAI and W–2 wages are paragraph (e). Assume that the must be computed by allocating allocated to the trust or estate. A partnership, trust, and trust beneficiary expenses described in section 199(d)(5) beneficiary of a trust or estate is allowed all are calendar year taxpayers. in one of two ways, depending on the the section 199 deduction in computing Example. (i) Computation of DNI and classification of those expenses under its taxable income based on its share of inclusion and deduction amounts. (A) Trust’s § 1.652(b)–3. Specifically, directly QPAI and W–2 wages from the trust or distributive share of partnership items. Trust, attributable expenses within the estate, which are aggregated with the a complex trust, is a partner in PRS, a meaning of § 1.652(b)–3 are allocated beneficiary’s QPAI and W–2 wages from partnership that engages in activities that pursuant to § 1.652(b)–3, and expenses generate DPGR and non-DPGR. In 2010, PRS other sources, if any. distributes $10,000 cash to Trust. PRS not directly attributable within the (ii) Treatment of items from a trust or properly allocates (in the same manner as meaning of § 1.652(b)–3 (other estate reporting qualified production wage expense) paragraph (e)(1) wages of expenses) are allocated under the activities income. When, pursuant to $3,000 to Trust. Trust’s distributive share of simplified deduction method of § 1.199– this paragraph (e), a taxpayer must PRS items, which are properly included in 4(e) (unless the trust or estate does not combine QPAI and W–2 wages from a Trust’s DNI, is as follows:

Gross income attributable to DPGR ($15,000 DPGR—$5,000 CGS (including wage expense of $1,000)) ...... $10,000 Gross income attributable to non-DPGR ($5,000 other gross receipts—$0 CGS) ...... 5,000 Selling expenses attributable to DPGR (includes wage expense of $2,000) ...... 3,000 Other expenses (includes wage expense of $1,000) ...... 2,000

(B) Trust’s direct activities. Trust has direct taxable year. In addition to its cash directly has the following items which are paragraph (e)(1) wages of $2,000 for the 2010 distribution in 2010 from PRS, Trust also properly included in Trust’s DNI:

Dividends ...... $10,000 Tax-exempt interest ...... 10,000 Rents from commercial real property operated by Trust as a business ...... 10,000 Real estate taxes ...... 1,000

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Trustee commissions ...... 3,000 State income and personal property taxes ...... 5,000 Wage expense for rental business ...... 2,000 Other business expenses ...... 1,000

(C) Allocation of deductions under beneficiary that year. Consequently, with activities, so the portion of those taxes not § 1.652(b)–3. (1) Directly attributable respect to the $14,000 distribution B receives attributable to either the PRS interests or the expenses. In computing Trust’s DNI for the from Trust, B properly includes in B’s gross rental operation are not trade or business taxable year, the distributive share of income $5,000 of income from PRS, $111 of expenses and, thus, are not taken into expenses of PRS are directly attributable rents, and $5,000 of dividends, and properly account in computing QPAI. The portion of under § 1.652(b)–3(a) to the distributive share excludes from B’s gross income $3,889 of tax- the state income and personal property taxes of income of PRS. Accordingly, the $5,000 of exempt interest. Trust includes $20,222 in its that is treated as other trade or business CGS, $3,000 of selling expenses, and $2,000 adjusted total income and deducts $10,111 × of other expenses are subtracted from the under section 661(a) in computing its taxable expenses is $3,000 ($5,000 $30,000 total gross receipts from PRS ($20,000), resulting income. trade or business gross receipts/$50,000 total in net income from PRS of $10,000. With (ii) Section 199 deduction. (A) Simplified gross receipts). Fourth, Trust then allocates respect to the Trust’s direct expenses, $1,000 deduction method. For purposes of its other trade or business expenses (not of the trustee commissions, the $1,000 of real computing the section 199 deduction for the directly attributable under § 1.652(b)–3(a)) estate taxes, and the $2,000 of wage expense taxable year, assume Trust qualifies for the between DPGR and non-DPGR on the basis of are directly attributable under § 1.652(b)–3(a) simplified deduction method under § 1.199– its total gross receipts from the conduct of a to the rental income. 4(e). The determination of Trust’s QPAI trade or business ($20,000 from PRS + (2) Non-directly attributable expenses. under the simplified deduction method $10,000 rental income). Thus, Trust Under § 1.652(b)–3(b), the trustee must requires multiple steps to allocate costs. combines its non-directly attributable (other) allocate a portion of the sum of the balance First, the Trust’s expenses directly business expenses ($2,000 from PRS + $4,000 of the trustee commissions ($2,000), state attributable to DPGR under § 1.652(b)–3(a) ($1,000 of other business expenses + $3,000 income and personal property taxes ($5,000), are subtracted from the Trust’s DPGR. In this of income and property taxes allocated to a and the other business expenses ($1,000) to step, the directly attributable $5,000 of CGS trade or business) from its own activities) and the $10,000 of tax-exempt interest. The and selling expenses of $3,000 are subtracted portion to be attributed to tax-exempt interest from the $15,000 of DPGR from PRS. Second, then apportions this total ($6,000) between is $2,222 ($8,000 × ($10,000 tax exempt the Trust’s expenses directly attributable DPGR and other receipts on the basis of interest/$36,000 gross receipts net of direct under § 1.652(b)–3(a) to non-DPGR from a Trust’s total trade or business gross receipts × expenses)), resulting in $7,778 ($10,000— trade or business are subtracted from the ($6,000 of such expenses $15,000 DPGR/ $2,222) of net tax-exempt interest. Pursuant Trust’s trade or business non-DPGR. In this $30,000 total trade or business gross receipts to its authority recognized under § 1.652(b)– step, $4,000 of Trust expenses directly = $3,000). Thus, for purposes of computing 3(b), the trustee allocates the entire amount allocable to the real property rental activity Trust’s and B’s section 199 deduction, Trust’s of the remaining $5,778 of trustee ($1,000 of real estate taxes, $1,000 of Trustee QPAI is $4,000 ($7,000—$3,000). Because the commissions, state income and personal commissions, and $2,000 of wages) are distribution of Trust’s DNI to B equals one- property taxes, and other business expenses subtracted from the $10,000 of rental income. half of Trust’s DNI, Trust and B each has to the $6,000 of net rental income, resulting Third, Trust must identify the portion of its QPAI from PRS for purposes of the section in $222 ($6,000—$5,778) of net rental other expenses that is attributable to Trust’s 199 deduction of $2,000. B has $1,000 of income. trade or business activities, if any, because QPAI from non-Trust activities that is added (D) Amounts included in taxable income. expenses not attributable to trade or business to the $2,000 QPAI from Trust for a total of For 2010, Trust has DNI of $28,000 (net activities are not taken into account in $3,000 of QPAI. dividend income of $10,000 + net PRS computing QPAI. In this step, in this income of $10,000 + net rental income of example, the portion of the trustee (B) W–2 wages. For the 2010 taxable year, $222 + net tax-exempt income of $7,778). commissions not directly attributable to the Trust chooses to use the wage expense safe Pursuant to Trust’s governing instrument, rental operation ($2,000) are directly harbor under § 1.199–2T(e)(2)(ii) to Trustee distributes 50%, or $14,000, of that attributable to non-trade or business determine its W–2 wages. For its taxable year DNI to B, an individual who is a activities. In addition, the state income and ending December 31, 2010, Trust has $5,000 discretionary beneficiary of Trust. Assume personal property taxes are not directly of paragraph (e)(1) wages reported on 2010 that there are no separate shares under Trust, attributable under § 1.652(b)–3(a) to either Forms W–2. Trust’s W–2 wages are $2,917, and no distributions are made to any other trade or business or non-trade or business as shown in the following table:

Wage expense included in CGS directly attributable to DPGR ...... $1,000 Wage expense included in selling expense directly attributable to DPGR ...... 2,000 Wage expense included in non-directly attributable deductions ($1,000 in wage expense x ($15,000 DPGR/$30,000 total trade or business gross receipts)) ...... 500

Wage expense allocable to DPGR ...... 3,500 W–2 wages (($3,500 of wage expense allocable to DPGR/$6,000 of total wage expense) x $5,000 in paragraph (e)(1) wages) $2,917

(C) Section 199 deduction computation. (1) 2(e)) for a total of $1,559 of W–2 wages. B Trust distribution to B equals one-half of B’s computation. B is eligible to use the small has $1,000 of QPAI from non-Trust activities Trust’s DNI, Trust has W–2 wages of $1,459 business simplified overall method. Assume that is added to the $2,000 QPAI from Trust (50% × $2,917). Trust’s tentative deduction is that B has sufficient adjusted gross income so for a total of $3,000 of QPAI. B’s tentative $180 (.09 × $2,000 QPAI), limited under the that the section 199 deduction is not limited deduction is $270 (.09 × $3,000), limited W–2 wage limitation to $730 (50% × $1,459 under section 199(a)(1)(B). Because the under the W–2 wage limitation to $780 (50% W–2 wages). Accordingly, Trust’s section 199 $14,000 Trust distribution to B equals one- × $1,559 W–2 wages). Accordingly, B’s deduction for 2010 is $180. half of Trust’s DNI, B has W–2 wages from section 199 deduction for 2010 is $270. Trust of $1,459 (50% × $2,917). B has W–2 (2) Trust’s computation. Trust has (f) Gain or loss from the disposition of wages of $100 from non-Trust trade or sufficient adjusted gross income so that the an interest in a pass-thru entity. DPGR business activities (computed without regard section 199 deduction is not limited under generally does not include gain or loss to B’s interest in Trust pursuant to § 1.199– section 199(a)(1)(B). Because the $14,000 recognized on the sale, exchange, or

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other disposition of an interest in a or otherwise disposes of such property Example 1. (i) Facts. Corporations A and B pass-thru entity. However, with respect to a partnership which then, without are the only two members of an EAG. A and to a partnership, if section 751(a) or (b) performing its own qualifying activity, B are both calendar year taxpayers and they applies, then gain or loss attributable to leases, rents, licenses, sells, exchanges, do not join in the filing of a consolidated Federal income tax return. Neither A nor B assets of the partnership giving rise to or otherwise disposes of such property, had taxable income or loss prior to 2010. In ordinary income under section 751(a) or then the partnership’s gross receipts 2010, A has qualified production activities (b), the sale, exchange, or other from this latter disposition are treated as income (QPAI) (as defined in § 1.199–1(c)) disposition of which would give rise to non-DPGR. and taxable income of $1,000 and B has QPAI DPGR, is taken into account in I Par. 9. Section 1.199–7 is amended by of $1,000 and an NOL of $1,500. In 2011, A computing the partner’s section 199 adding new paragraph (b)(4) to read as has QPAI of $2,000 and taxable income of deduction. Accordingly, to the extent follows: $1,000 and B has QPAI of $2,000 and taxable that cash or property received by a income prior to the NOL deduction allowed under section 172 of $2,000. partner in a sale or exchange of all or § 1.199–7 Expanded affiliated groups. * * * * * (ii) Section 199 deduction for 2010. In part of its partnership interest is determining the EAG’s section 199 deduction attributable to unrealized receivables or (b) * * * (4) Losses used to reduce taxable for 2010, A’s $1,000 of QPAI and B’s $1,000 inventory items within the meaning of of QPAI are aggregated, as are A’s $1,000 of section 751(c) or (d), respectively, and income of expanded affiliated group. taxable income and B’s $1,500 NOL. Thus, the sale or exchange of the unrealized [Reserved]. For further guidance, see for 2010, the EAG has QPAI of $2,000 and receivable or inventory items would § 1.199–7T(b)(4). taxable income of ($500). The EAG’s section give rise to DPGR if sold, exchanged, or * * * * * 199 deduction for 2010 is 9% of the lesser otherwise disposed of by the I Par. 10. Section 1.199–7T is added to of its QPAI or its taxable income. Because the read as follows: EAG has a taxable loss in 2010, the EAG’s partnership, the cash or property section 199 deduction is $0. received by the partner is taken into § 1.199–7T Expanded affiliated groups (iii) Section 199 deduction for 2011. In account by the partner in determining (temporary). determining the EAG’s section 199 deduction its DPGR for the taxable year. Likewise, (a) [Reserved]. For further guidance, for 2011, A’s $2,000 of QPAI and B’s $2,000 to the extent that a distribution of of QPAI are aggregated, giving the EAG QPAI see § 1.199–7(a). of $4,000. Also, $1,000 of B’s NOL from 2010 property to a partner is treated under (b) Computation of expanded section 751(b) as a sale or exchange of was used in 2010 to reduce the EAG’s taxable affiliated group’s section 199 deduction. income to $0. The remaining $500 of B’s property between the partnership and (1) through (3) [Reserved]. For further the distributee partner, and any 2010 NOL is not considered to have been guidance, see § 1.199–7(b)(1) through used in 2010 because it reduced the EAG’s property deemed sold or exchanged (3). taxable income below $0. Accordingly, for would give rise to DPGR if sold, (4) Losses used to reduce taxable purposes of determining the EAG’s taxable exchanged, or otherwise disposed of by income of expanded affiliated group— income limitation under section 199(a)(1)(B) the partnership, the deemed sale or (i) In general. The amount of a net in 2011, B is deemed to have only a $500 exchange of the property must be taken operating loss (NOL) sustained by any NOL carryover from 2010 to offset a portion into account in determining the member of an expanded affiliated group of its 2011 taxable income. Thus, B’s taxable partnership’s and distributee partner’s income in 2011 is $1,500 which is aggregated (EAG) (as defined in § 1.199–7) that is with A’s $1,000 of taxable income. The DPGR to the extent not taken into used in the year sustained in account under the qualifying in-kind EAG’s taxable income limitation in 2011 is determining an EAG’s taxable income $2,500. The EAG’s section 199 deduction is partnership rules. See §§ 1.751–1(b) and limitation under section 199(a)(1)(B) is 9% of the lesser of its QPAI of $4,000 or its 1.199–3T(i)(7). not treated as an NOL carryover or NOL taxable income of $2,500. Thus, the EAG’s (g) No attribution of qualified carryback to any taxable year in section 199 deduction in 2011 is 9% of activities. Except as provided in determining the taxable income $2,500, or $225. The results would be the § 1.199–3T(i)(7) regarding qualifying in- limitation under section 199(a)(1)(B). same if neither A nor B had QPAI in 2010. kind partnerships and § 1.199–3T(i)(8) For purposes of this paragraph (b)(4), an Example 2. The facts are the same as in regarding EAG partnerships, an owner NOL is considered to be used if it Example 1 except that in 2010 B was not a of a pass-thru entity is not treated as reduces an EAG’s aggregate taxable member of the same EAG as A, but instead conducting the qualified production income, regardless of whether the use of was a member of an EAG with Corporation activities of the pass-thru entity, and the NOL actually reduces the amount of X, which had QPAI and taxable income of vice versa. For example, if a partnership $1,000 in 2010, and had neither taxable the deduction under § 1.199–1(a) income nor loss in any other year. There manufactures QPP within the United (section 199 deduction) that the EAG were no other members of the EAG in 2010 States, or produces a qualified film or would otherwise derive. An NOL is not besides B and X, and B and X did not file produces utilities in the United States, considered to be used to the extent that a consolidated Federal income tax return. As and distributes or leases, rents, licenses, it reduces an EAG’s aggregate taxable $1,000 of B’s NOL was used in 2010 to sells, exchanges, or otherwise disposes income to an amount less than zero. If reduce the B and X EAG’s taxable income to of such property to a partner who then, more than one member of an EAG has $0, B is considered to have only a $500 NOL without performing its own qualifying an NOL used in the same taxable year carryover from 2010 to offset a portion of its activity, leases, rents, licenses, sells, to reduce the EAG’s taxable income, the 2011 taxable income for purposes of the exchanges, or otherwise disposes of taxable income limitation under section members’ respective NOLs are deemed 199(a)(1)(B), just as in Example 1. such property, then the partner’s gross used in proportion to the amount of Accordingly, the results for the A and B EAG receipts from this latter lease, rental, their NOLs. in 2011 are the same as in Example 1. license, sale, exchange, or other (ii) Examples. The following disposition are treated as non-DPGR. In examples illustrate the application of Example 3. The facts are the same as in Example 1 except that B is not a member of addition, if a partner manufactures QPP this paragraph (b)(4). For purposes of any EAG in 2011. Because $1,000 of B’s NOL within the United States, or produces a these examples, assume that all relevant was used in 2010 to reduce the EAG’s taxable qualified film or produces utilities in parties have sufficient W–2 wages so income to $0, B is considered to have only the United States, and contributes or that the section 199 deduction is not a $500 NOL carryover from 2010 to offset a leases, rents, licenses, sells, exchanges, limited under section 199(b)(1). portion of its 2011 taxable income for

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purposes of the taxable income limitation § 1.199–8T Other rules (temporary). Control and Reclamation Act of 1977 under section 199(a)(1)(B), just as in Example * * * * * (SMCRA or the Act). New Mexico 1. Thus, for purposes of determining B’s (i) * * * proposed revisions to and additions of taxable income limitation in 2011, B is (5) Tax Increase Prevention and rules and revisions to statutes considered to have taxable income of $1,500, and B has a section 199 deduction of 9% of Reconciliation Act of 2005. Sections concerning the administrative appeals $1,500, or $135. 1.199–2T(e)(2), 1.199–3T(i)(7) and (8), process and revisions to statutes and 1.199–5T are applicable for taxable concerning an extension of time for the Example 4. Corporations A, B, and C are the only members of an EAG. A, B, and C are years beginning on or after October 19, authority of the Coal Surface Mining all calendar year taxpayers and they do not 2006. A taxpayer may apply §§ 1.199– Commission (Commission). New join in the filing of a consolidated Federal 2T(e)(2), 1.199–3T(i)(7) and (8), and Mexico revised its program to be income tax return. None of the EAG members 1.199–5T to taxable years beginning consistent with SMCRA and the (A, B, or C) had taxable income or loss prior after May 17, 2006, and before October corresponding Federal regulations, to 2010. In 2010, A has QPAI of $2,000 and 19, 2006 regardless of whether the streamline and clarify the taxable income of $1,000, B has QPAI of taxpayer otherwise relied upon Notice administrative and judicial appeals $1,000 and an NOL of $1,000, and C has 2005–14 (2005–1 CB 498) (see process and ensure continuing authority QPAI of $1,000 and an NOL of $3,000. In 2011, prior to the NOL deduction allowed § 601.601(d)(2) of this chapter), the for the New Mexico program. under section 172, A and B each has taxable provisions of REG–105847–05 (2005–47 EFFECTIVE DATE: October 19, 2006. income of $200 and C has taxable income of IRB 987) (see § 601.601(d)(2) of this FOR FURTHER INFORMATION CONTACT: $5,000. In determining the EAG’s section 199 chapter), or §§ 1.199–1 through 1.199–8. Willis Gainer, Telephone: (505) 248– deduction for 2010, A’s QPAI of $2,000, B’s The applicability of §§ 1.199–2T(e)(2), 5096, E-mail address: QPAI of $1,000, and C’s QPAI of $1,000 are 1.199–3T(i)(7) and (8), and 1.199–5T [email protected]. aggregated, as are A’s taxable income of expires on October 19, 2009. SUPPLEMENTARY INFORMATION: $1,000, B’s NOL of $1,000, and C’s NOL of (6) Losses used to reduce taxable $3,000. Thus, for 2010, the EAG has QPAI of I. Background on the New Mexico Program $4,000 and taxable income of ($3,000). In income of expanded affiliated group. II. Submission of the Proposed Amendment determining the EAG’s taxable income Section 1.199–7T(b)(4) is applicable for III. Office of Surface Mining Reclamation and limitation under section 199(a)(1)(B) in 2011, taxable years beginning on or after Enforcement’s (OSM) Findings $1,000 of B’s and C’s aggregate NOLs in 2010 October 19, 2006. A taxpayer may apply IV. Summary and Disposition of Comments of $4,000 are considered to have been used § 1.199–7T(b)(4) to taxable years V. OSM’s Decision in 2010 to reduce the EAG’s taxable income beginning after December 31, 2004, and VI. Procedural Determinations to $0, in proportion to their NOLs. Thus, before October 19, 2006 regardless of I. Background on the New Mexico $250 of B’s NOL from 2010 ($1,000 x $1,000/ whether the taxpayer otherwise relied $4,000) and $750 of C’s NOL from 2010 Program upon Notice 2005–14 (2005–1 CB 498) ($1,000 x $3,000/$4,000) are deemed to have Section 503(a) of the Act permits a (see § 601.601(d)(2) of this chapter), the been used in 2010. The remaining $750 of B’s State to assume primacy for the provisions of REG–105847–05 (2005–47 NOL and the remaining $2,250 of C’s NOL regulation of surface coal mining and are not deemed to have been used because so IRB 987) (see § 601.601(d)(2) of this reclamation operations on non-Federal doing would have reduced the EAG’s taxable chapter), or §§ 1.199–1 through 1.199–9. and non-Indian lands within its borders income in 2010 below $0. Accordingly, for The applicability of § 1.199–7T(b)(4) by demonstrating that its State program purposes of determining the EAG’s taxable expires on October 19, 2009. income limitation in 2011, B is deemed to includes, among other things, ‘‘a State have a $750 NOL carryover from 2010 and C Mark E. Matthews, law which provides for the regulation of is deemed to have a $2,250 NOL carryover Deputy Commissioner for Services and surface coal mining and reclamation from 2010. Thus, for purposes of determining Enforcement. operations in accordance with the the EAG’s taxable income limitation, B’s Approved: October 12, 2006. requirements of this Act * * *; and taxable income in 2011 is $0 and C’s taxable income in 2011 is $2,750, which are Eric Solomon, rules and regulations consistent with aggregated with A’s $200 taxable income. B’s Acting Deputy Assistant Secretary of the regulations issued by the Secretary unused NOL carryover from 2010 cannot be Treasury. pursuant to this Act.’’ See 30 U.S.C. used to reduce either A’s or C’s 2011 taxable [FR Doc. E6–17402 Filed 10–18–06; 8:45 am] 1253(a)(1) and (7). On the basis of these income. Thus, the EAG’s taxable income BILLING CODE 4830–01–P criteria, the Secretary conditionally limitation in 2011 is $2,950, A’s taxable approved the New Mexico program on income of $200 plus B’s taxable income of $0 December 31, 1980. You can find plus C’s taxable income of $2,750. DEPARTMENT OF THE INTERIOR background information on the New I Par. 11. Section 1.199–8 is amended Mexico program, including the by adding new paragraphs (i)(5) and (6) Office of Surface Mining Reclamation Secretary’s findings, the disposition of to read as follows: and Enforcement comments, and conditions of approval in the December 31, 1980, Federal § 1.199–8 Other rules. 30 CFR Part 931 Register (45 FR 86459). You can also * * * * * find later actions concerning New (i) * * * [NM–045–FOR] Mexico’s program and program (5) Tax Increase Prevention and New Mexico Regulatory Program amendments at 30 CFR 931.10, 931.11, Reconciliation Act of 2005. [Reserved]. 931.13, 931.15, 931.16, and 931.30. For further guidance, see § 1.199– AGENCY: Office of Surface Mining II. Submission of the Proposed 8T(i)(5). Reclamation and Enforcement, Interior. (6) Losses used to reduce taxable Amendment ACTION: Final rule; approval of income of expanded affiliated group. amendment. By letter dated November 18, 2005, [Reserved]. For further guidance, see New Mexico sent us an amendment to § 1.199–8T(i)(6). SUMMARY: We are approving an its program (Administrative Record No. I Par. 12. Section 1.199–8T is amended amendment to the New Mexico 874) under SMCRA (30 U.S.C. 1201 et by adding new paragraphs (i)(5) and (6) regulatory program (the ‘‘New Mexico seq.). New Mexico sent the amendment to read as follows: program’’) under the Surface Mining to include the changes made at its own

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initiative to (1) Streamline and clarify review of a notice or order by the Mexico’s rules and statutes less effective the administrative and judicial appeals Director of the New Mexico program; than the corresponding Federal process and (2) extend the time for the NMAC, sections 19.8.11.1100.A(3), D, regulations or less stringent than authority of the Commission to operate. and D(2), concerning public notices of SMCRA. filing of permit applications; We announced receipt of the B. Revisions to New Mexico’s Statutes proposed amendment in the February NMAC, section 19.8.11.1101.C, concerning opportunity for submission and Rules That Require an Explanation 13, 2006, Federal Register (71 FR 7477; and Basis for Approval Administrative Record No. NM–882). In of written comments on permit the same document, we opened the applications; The Federal regulations at 30 CFR public comment period and provided an NMAC, sections 19.8.11.1102.A and 732.15(b) require, among other things, opportunity for a public hearing or B(2), concerning the right to file written that a State program include provisions meeting on the amendment’s adequacy. objections; that provide for (1) Administrative NMAC, sections 19.8.11.1103.A(3), B, We did not hold a public hearing or review of State program actions, in B(1), D, E(1), and F, concerning hearings meeting because no one requested one. accordance with section 525 of SMCRA and conferences; The public comment period ended on and 30 CFR Subchapter L, and (2) NMAC, section 19.8.11.1104.B, judicial review of State program actions March 15, 2006. We received one concerning public availability of agency comment from the State Historic in accordance with State law, as information in permit applications on provided in section 526(e) of SMCRA, Preservation Officer and one public file with the Director; comment from the Zuni Tribe. except that judicial review of State NMAC, sections 19.8.11.1105.C(2), D, enforcement actions shall be in During our review of the amendment, E, and F, concerning review of permit accordance with section 526 of SMCRA. we identified one non-substantive applications; The Federal definitions at 30 CFR editorial concern with an incorrect NMAC, sections 19.8.11.1106.C, D(3), 730.5 set forth the standards for review statutory citation referenced in a F, G(1) and (2), and N, concerning of State program provisions which must proposed rule. We notified New Mexico criteria for permit approval or denial; be consistent with and in accordance of this concern by letter dated March 24, NMAC, sections 19.8.11.1107.A, B, with the Act and the counterpart 2006 (Administrative Record No. NM– B(1), B(1)(b), B(3), C, D, E, and F, Federal regulations. OSM defines 887). concerning general procedures for consistent with and in accordance with New Mexico responded in a letter improvidently issued permits; to mean (a) with regard to SMCRA, the NMAC, section 19.8.11.1108.B, dated March 27, 2006, by sending us a State laws and regulations are no less concerning existing structures and revised amendment (Administrative stringent than, meet the minimum Record No. NM–888). New Mexico criteria for permit approval or denial; NMAC, sections 19.8.11.1109.A(4), B, requirements of and include all responded with a revision to correct the applicable provisions of the Act and (b) statutory cite, from the New Mexico B(1) and (2), B(2)(b), B(3), and D, concerning permit approval or denial with regard to the Federal regulations, Surface Mining Act of 1978 (NMSA), the State laws and regulations are no section 69–25A–30.G to NMSA, section actions; NMAC, section 19.8.11.1110.A(1), less effective than the Federal 69–25A–29.A, referenced at proposed regulations in meeting the requirements rule New Mexico Annotated Code concerning the rescission process for improvidently issued permits; of SMCRA. (NMAC), section 19.8.12.1203.K. As discussed below, New Mexico’s Because the correction was editorial in NMAC, section 19.8.11.1111.B, concerning permit terms; proposed revisions of NMSA and the nature and did not substantively revise State’s implementing regulations are in New Mexico’s proposed amendment, we NMAC, section 19.8.11.1113.C(2), concerning conditions of permit for accordance with the corresponding did not reopen the opportunity for sections of SMCRA and consistent with public comment and we are proceeding environment, public health and safety; NMAC, section 19.8.11.1114, the Federal regulations. with the final rule Federal Register concerning conformance of permit; document. 1. NMSA, Section 69–25A–29.G, and NMAC, sections 19.8.11.1115.A, B, NMAC, Section 19.8.12.1201, III. OSM’s Findings and C, concerning verification of Elimination of Appeals for Review by ownership or control application Following are the findings we made the Commission of Decisions of the information; Director of the New Mexico Program concerning the amendment under NMAC, sections 19.8.11.1116.B and SMCRA and the Federal regulations at B(2)(b), concerning review of ownership At its own initiative, New Mexico 30 CFR 732.15 and 732.17. We are or control and violation information; proposes to eliminate the provisions in approving the amendment as described NMAC, sections 19.8.11.1117.A, A(1), NMSA at 69–25A–29.G and in NMAC, below. (2) and (3), B, C, D, D(1) and (2), and section 19.8.12.1201 that require A. Minor Revisions to New Mexico’s D(2)(a) and (b), concerning procedures administrative review by the Rules and Statute for challenging ownership or control Commission of decisions by the Director links shown in the applicant violator of the New Mexico program. New Mexico proposed minor system; States must provide for administrative wording, editorial, punctuation, NMAC, sections 19.8.11.1118.B, B(1), review of State program actions, in grammatical, and recodification changes (2) and (3), B(3)(1), C, C(1)(a) through accordance with section 525 of SMCRA to the following previously-approved (c), and C(2), concerning standards for and 30 CFR subchapter L. States must statutes in NMSA, and rules in the challenging ownership or control links also have a permit system which NMAC. and the status of violations; and provides for review of decisions NMSA, sections 69–25A–18.A, B, C, D NMAC, sections 19.8.12.1203.A consistent with 30 CFR subchapter G. and F concerning the decisions of the through J and L, concerning formal Section 525 of SMCRA and subchapter Director of the New Mexico program review of notices of violations, cessation G require one level of administrative and appeals; orders and show cause orders. review. New Mexico is retaining its NMSA, sections 69–25A–29.A, B, C, D Because these changes are minor, we statutory provisions for administrative and F concerning the administrative find that they will not make New review of enforcement actions by the

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Director of the New Mexico program in procedures for application and scope of concerning judicial review of agency NMSA section 69–25A–29 and review. rulemaking decisions.) permitting decisions in NMSA section The Federal regulation at 30 CFR Therefore, OSM finds that the 69–25A–18. New Mexico also is 732.15(b)(15) requires State programs to proposed revisions concerning judicial retaining regulations at NMAC, section provide for judicial review of State review at NMSA, section 69–25A–30.A, 19.8.12.1203, for administrative review program actions in accordance with and at NMAC, sections 10.8.12.1202.A of enforcement actions by the Director State laws, as provided in section 526(e) and 19.8.12.1203.K are consistent with of the New Mexico program. The of SMCRA, except that judicial review the Act and the Federal regulations and elimination of administrative review by of State enforcement actions shall be in the revisions will not make New the Commission leaves in place existing accordance with section 526 of SMCRA. Mexico’s statutes and rules less provisions for administrative review Section 526(e) of SMCRA requires that stringent than section 526 of SMCRA or conducted by the Director of the New actions of the State regulatory authority less effective than 30 CFR subchapters Mexico program for decisions pursuant to an approved State program L and G. shall be subject to judicial review by a concerning permitting and enforcement 3. NMAC, Section 19.8.12.1202.B, court of competent jurisdiction in actions. Judicial Review of Decisions by the OSM finds that New Mexico’s accordance with State law. Sections Commission Concerning Adoption of a proposed revisions concerning 526(a) through (d) of SMCRA establish Rule, Amendment of a Rule or Repeal of administrative review at NMSA, section procedures for such judicial review of a Rule 69–25A–29.G, and NMAC, section enforcement actions. Section 526(a) 19.8.12.1201, are consistent with the specifies that actions constituting Existing NMAC 19.8.12.1202.E Act and the Federal regulations, and the rulemaking and orders or decisions in a provides that persons aggrieved by a revisions will not make New Mexico’s civil penalty proceeding, issued by the rule or amendment or repeal of a rule statutes and rules less stringent than Secretary of the Interior, may be subject the Commission adopts may appeal to section 525 of SMCRA or less effective to judicial review; it also provides the the State Court of Appeals. The existing than 30 CFR subchapters L and G. location and timeframe for filing of a regulation also includes procedures and petition for judicial review. Section timeframes for such an appeal as well as 2. NMSA, Section 69–25A–30.A, and 526(b) specifies the actions of the court the standards for review by the court. As NMAC, Sections 19.8.12.1202.A and hearing such a petition. Section 526(c) described in finding B.2 above, New 19.8.12.1203.K, Appeals of Decisions by specifies the circumstances necessary Mexico proposes to eliminate existing the Director of the New Mexico Program for a court to grant temporary relief in NMAC 19.8.12.1202.B, C and D so that to the State District Court the case of a proceeding to review any New Mexico’s existing NMAC New Mexico proposes revisions of order or decision for cessation of coal 19.8.12.1202.E becomes NMAC NMSA, section 69–25A–30.A, mining and reclamation operations. 19.8.12.1202.B. New Mexico proposes to concerning judicial review, to clarify Section 526(d) specifies that the eliminate the existing procedures, that appeals to a State District Court commencement of a proceeding for timeframe and standards in proposed may be made by a party who is judicial review shall not, unless NMAC 19.8.12.1202.B and instead aggrieved by a decision of the Director, specifically ordered by the court, proposes to cross-reference the statutory rather than the Commission, of the New operate as a stay of the action, order, or provision at NMSA, Subsection B of 69– Mexico program. Likewise, New Mexico decision of the Secretary. There are no 25A–30, which sets forth the same proposes to revise NMAC, sections Federal regulations that set forth procedures, timeframes and standards 10.8.12.1202.A and 19.8.12.1203.K, procedures for judicial review. for judicial review. concerning judicial review, to state The procedures set forth in NMSA 30 CFR 732.15(b)(15) requires that respectively that (1) A party to a 39–3–1.1 apply to judicial review of any State programs provide for judicial proceeding before the Director who is final decision by a New Mexico agency, review of State program actions in aggrieved by a Director’s decision issued and among other things, specify how accordance with State law, as provided after a hearing may obtain a review of final agency decisions must be in section 526(e) of the Act. Section that decision pursuant to NMSA section documented and published, provide for 526(e) states that actions of the State 39–3–1.1, and (2) the State District appeal of a decision by any person regulatory authority shall be subject to Court may review decisions concerning aggrieved by the decision, specify the judicial review by a court of competent formal review of notices of violation, actions that may be taken by the district jurisdiction in accordance with State cessation orders, and show cause orders court, and provide for review of the law. There are no Federal regulations for issued by the Director of the New State District Court decision by a party section 526(e) of the Act. Mexico program, pursuant to Subsection to the appeal. OSM finds that New Mexico’s G of section 69–25A–30, NMSA, and The procedures set forth by New proposed NMAC 19.8.12.1202.B, NMAC 19.8.12.1202. Mexico in NMSA 39–3–1.1 provide for concerning judicial review of Existing NMAC 19.8.12.1202.A similar procedures concerning judicial rulemaking by the Commission, and the through D established procedures for review set forth in SMCRA at sections reference to NMSA, subsection B of 69– judicial review of administrative 526(a) through (d) and demonstrate the 25A–30, are in accordance with the decisions under the New Mexico ability for a person to obtain judicial requirements of section 526(e) of program. New Mexico proposes to review of all agency decisions as SMCRA for judicial review. eliminate the procedures in NMAC required by SMCRA at section 526(e). 19.8.12.1202.A through D and revise These proposed revisions are also 4. NMSA, Section 69–25A–29.F, NMAC 19.8.12.1202.A to require that consistent with New Mexico’s revisions Administrative Review of a Notice or appeals to State District Court will be discussed in finding B.1 above that Order by the Director of the New subject to section 39–3–1.1 of the eliminate administrative review by the Mexico Program NMSA. Section 39–3–1.1 is applicable Commission of decisions, other than New Mexico proposes to revise to all New Mexico State agencies for those concerning promulgation of rules, NMSA, section 69–25A–29.F, appeal of final agency decisions to the by the Director. (See finding No. 3 concerning administrative review, by State District Court and covers below for New Mexico’s provisions deleting references to the Commission.

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With these revisions, New Mexico we received comments from the that New Mexico’s allowance for an removed authority from the Commission Governor of the Zuni Tribe in Zuni, administrative appeal of a decision and left authority with the Director of New Mexico. Our response to the concerning a permit modification at the New Mexico program to determine Governor’s comments regarding New NMAC section 19.8.12.1200.A is not whether expenses (that have been Mexico’s proposed rule revisions at specifically required under the reasonably incurred for or in connection NMAC, section 19.8.12.1202.A, counterpart Federal regulation at 30 with participation in administrative concerning judicial review of final CFR 775.11(a) (see OSM’s approval of proceedings, including any judicial agency decisions, is discussed below. NMAC, section 19.8.12.1200.A, on April review of agency actions) may be The Governor raised a concern that 13, 2004, 69 FR 19321, at 19322, finding assessed against any party. the proposed revision to NMAC, section No. C.2.). Section 525(e) of SMCRA allows for 19.8.12.1202.A, would limit a person’s For the reasons discussed above, we an award of a sum equal to the aggregate ability to challenge agency decisions. are not requiring any revision of New amount of all costs, expenses, and New Mexico’s proposed revisions at Mexico’s proposed rules in response to attorney fees determined by the NMAC, sections 19.8.12.1201 and these comments. Secretary of the Interior to have been 19.8.12.1202.A eliminate the need for a Federal Agency Comments reasonably incurred by a person for or second administrative hearing before in connection with his participation in the Commission prior to allowing an Under 30 CFR 732.17(h)(11)(i) and administrative proceedings, including appeal to the State District Court; this section 503(b) of SMCRA, we requested any judicial review of agency actions. rule revision reflects the same statutory comments on the amendment from As discussed in finding No. B.1. revision of the NMSA at section 69– various Federal agencies with an actual above, New Mexico’s proposed 25A–29.G. or potential interest in the New Mexico revisions to delete the additional As discussed in finding No. B.2 program (Administrative Record No. administrative review by the above, New Mexico’s proposed NM–876). We received no comments. Commission of the Director’s decisions, elimination of the opportunity for a second administrative hearing is Environmental Protection Agency (EPA) is consistent with section 525 of Concurrence and Comments SMCRA. OSM finds that New Mexico’s consistent with the counterpart Federal proposed revisions to NMSA, section regulations at 30 CFR 775.13. Under 30 CFR 732.17(h)(11)(i) and The Governor also expressed concern 69–25A–29.F, deleting references to the (ii), we are required to get concurrence that because only certain agency Commission, are consistent with and no from EPA for those provisions of the decisions can be the subject of an less stringent than section 525(e) of program amendment that relate to air or administrative hearing, some decisions SMCRA. water quality standards issued under may not therefore be appealed to the the authority of the Clean Water Act (33 5. NMSA, Section 69–25A–36, State District Court. U.S.C. 1251 et seq.) or the Clean Air Act Termination of Agency Life As discussed in finding B.1 above, (42 U.S.C. 7401 et seq.). New Mexico’s proposed revision of New Mexico proposes revisions of None of the revisions that New NMSA, section 69–25A–30.A, and NMSA at section 69–25A–36, Mexico proposed to make in this NMAC, sections 19.8.12.1202.A and amendment pertains to air or water concerning termination of agency life, to 19.8.12.1203.K, provide for appeals of extend the authority of the Commission quality standards. Under 30 CFR decisions by the Director to the State 732.17(h)(11)(i), OSM requested to operate according to the provisions of District Court. New Mexico’s NMSA, NMSA from July 1, 2005, until July 1, comments on the amendment from EPA section 69–25A–29, provides for (Administrative Record No. NM–876). 2012. administrative review of enforcement The Commission, created in NMSA at EPA did not respond to our request. actions and NMSA, section 69–25A–18, section 69–25A–1, meets at least once a provides for administrative review of State Historic Preservation Officer year to adopt, amend and repeal rules. permitting decisions. New Mexico is (SHPO) and the Advisory Council on SMCRA, at section 503(a), and the also retaining regulations at NMAC, Historic Preservation (ACHP) Federal regulation at 30 CFR 732.15(a) section 19.8.12.1203, for administrative requires that the State program provide Under 30 CFR 732.17(h)(4), we are review of enforcement actions by the for the State to carry out the provisions required to request comments from the Director. The elimination of and meet the purposes of SMCRA SHPO and ACHP on amendments that administrative review by the within the State and that the State’s may have an effect on historic Commission leaves in place existing laws and regulations are in accordance properties. On December 20, 2006, we provisions for administrative review with the provisions of SMCRA. Because requested comments on New Mexico’s conducted by the Director for decisions New Mexico’s proposed revision amendment (Administrative Record No. concerning both permitting and extends the authority of the Commission NM–876). The SHPO responded on enforcement actions and appeal of these to operate until July 1, 2012, and February 9, 2006, that it had no decisions to the State District Court. therefore enables rulemaking for the comments because the proposed Therefore, New Mexico’s proposed New Mexico program, OSM approves amendments do not affect cultural revision is consistent with and in the proposed revision. resources (Administrative Record No. accordance with section 526 of SMCRA NM–881). We did not receive a response IV. Summary and Disposition of and 30 CFR subchapters L and G. from the ACHP. Comments The Governor also correctly noted that the existing New Mexico rule at V. OSM’s Decision Public Comments NMAC, section 19.8.12.1200.A, allows Based on the above findings, we We asked for public comments on the an administrative appeal of, among approve New Mexico’s November 18, amendment (Administrative Record No. other final decisions made by the 2005, proposed amendment, as revised NM–876). We received one comment Director of the New Mexico program, a on March 27, 2006. letter. decision concerning a permit We approve New Mexico’s proposed By letter dated February 2, 2006 modification; this opportunity for statutory revisions as they were enacted (Administrative Record No. NM–879), review has not been revised. OSM notes by New Mexico (effective on June 17,

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2005) and rule revisions as promulgated and the environment from the adverse Regulatory Flexibility Act by New Mexico (effective on April 28, effects of surface coal mining 2006). operations.’’ Section 503(a)(1) of The Department of the Interior To implement this decision, we are SMCRA requires that State laws certifies that this rule will not have a amending the Federal regulations at 30 regulating surface coal mining and significant economic impact on a CFR part 931, which codify decisions reclamation operations be ‘‘in substantial number of small entities concerning the New Mexico program. accordance with’’ the requirements of under the Regulatory Flexibility Act (5 We find that good cause exists under 5 SMCRA, and section 503(a)(7) requires U.S.C. 601 et seq.). The State submittal, U.S.C. 553(d)(3) to make this final rule that State programs contain rules and which is the subject of this rule, is based effective immediately. Section 503(a) of regulations ‘‘consistent with’’ upon counterpart Federal regulations for SMCRA requires that the State’s regulations issued by the Secretary which an economic analysis was program demonstrate that the State has pursuant to SMCRA. prepared and certification made that the capability of carrying out the such regulations would not have a provisions of the Act and meeting its Executive Order 13175—Consultation significant economic effect upon a purposes. Making this regulation and Coordination With Indian Tribal substantial number of small entities. In effective immediately will expedite that Governments making the determination as to whether process. SMCRA requires consistency of this rule would have a significant State and Federal standards. In accordance with Executive Order 13175, we have evaluated the potential economic impact, the Department relied VI. Procedural Determinations effects of this rule on Federally upon the data and assumptions for the counterpart Federal regulations. Executive Order 12630—Takings recognized Indian Tribes and have This rule does not have takings determined that the rule does not have Small Business Regulatory Enforcement implications. This determination is substantial direct effects on one or more Fairness Act based on the analysis performed for the Indian Tribes, on the relationship This rule is not a major rule under 5 counterpart Federal regulation. between the Federal government and Indian Tribes, or on the distribution of U.S.C. 804(2), of the Small Business Executive Order 12866—Regulatory power and responsibilities between the Regulatory Enforcement Fairness Act. Planning and Review Federal government and Indian Tribes. This rule: This rule is exempted from review by The rule does not involve or affect a. Does not have an annual effect on the Office of Management and Budget Indian Tribes in any way. the economy of $100 million. (OMB) under Executive Order 12866 b. Will not cause a major increase in (Regulatory Planning and Review). Executive Order 13211—Regulations That Significantly Affect the Supply, costs or prices for consumers, Executive Order 12988—Civil Justice Distribution, or Use of Energy individual industries, Federal, State, or Reform local government agencies, or The Department of the Interior has On May 18, 2001, the President issued geographic regions. Executive Order 13211 which requires conducted the reviews required by c. Does not have significant adverse section 3 of Executive Order 12988 and agencies to prepare a Statement of Energy Effects for a rule that is (1) effects on competition, employment, has determined that this rule meets the investment, productivity, innovation, or applicable standards of subsections (a) considered significant under Executive Order 12866, and (2) likely to have a the ability of U.S.-based enterprises to and (b) of that section. However, these compete with foreign-based enterprises. standards are not applicable to the significant adverse effect on the supply, actual language of State regulatory distribution, or use of energy. Because This determination is based upon the programs and program amendments this rule is exempt from review under fact that the State submittal which is the because each program is drafted and Executive Order 12866 and is not subject of this rule is based upon promulgated by a specific State, not by expected to have a significant adverse counterpart Federal regulations for OSM. Under sections 503 and 505 of effect on the supply, distribution, or use which an analysis was prepared and a SMCRA (30 U.S.C. 1253 and 1255) and of energy, a Statement of Energy Effects determination made that the Federal the Federal regulations at 30 CFR is not required. regulation was not considered a major 730.11, 732.15, and 732.17(h)(10), rule. decisions on proposed State regulatory National Environmental Policy Act Unfunded Mandates programs and program amendments This rule does not require an submitted by the States must be based environmental impact statement This rule will not impose an solely on a determination of whether the because section 702(d) of SMCRA (30 unfunded Mandate on State, local, or submittal is consistent with SMCRA and U.S.C. 1292(d)) provides that agency tribal governments or the private sector its implementing Federal regulations decisions on proposed State regulatory of $100 million or more in any given and whether the other requirements of program provisions do not constitute year. This determination is based upon 30 CFR Parts 730, 731, and 732 have major Federal actions within the the fact that the State submittal, which been met. meaning of section 102(2)(C) of the is the subject of this rule, is based upon Executive Order 13132—Federalism National Environmental Policy Act (42 counterpart Federal regulations for This rule does not have Federalism U.S.C. 4321. which an analysis was prepared and a determination made that the Federal implications. SMCRA delineates the Paperwork Reduction Act roles of the Federal and State regulation did not impose an unfunded governments with regard to the This rule does not contain mandate. regulation of surface coal mining and information collection requirements that List of Subjects in 30 CFR Part 931 reclamation operations. One of the require approval by OMB under the purposes of SMCRA is to ‘‘establish a Paperwork Reduction Act (44 U.S.C. Intergovernmental relations, Surface nationwide program to protect society 3501 et seq.). mining, Underground mining.

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Dated: September 11, 2006. PART 931—NEW MEXICO chronological order by ‘‘Date of final Allen D. Klein, publication’’ to read as follows: I 1. The authority citation for part 931 Regional Director, Western Region. continues to read as follows: § 931.15 Approval of New Mexico I For the reasons set out in the Authority: 30 U.S.C. 1201 et seq. regulatory program amendments. preamble, 30 CFR part 931 is amended * * * * * I 2. Section 931.15 is amended in the as set forth below: table by adding a new entry in

Original amendment Date of final submission date publication Citation/description

******* November 18, 2005, as October 19, 2006 ... NMSA, sections 69–25A–18.A, B, C, D and F, concerning the decisions of the Director and ap- revised on March 27, peals; NMSA, sections 69–25A–29.A, B, C, D, and F, concerning the administrative review of 2006. a notice or order by the Director; NMSA, sections 69–25A–29.G, concerning deletion of stat- utes allowing for review by the Commission of decisions of the Director; NMSA, section 69– 25A–30.A, concerning judicial review of final decisions by the Director; NMSA, sections 69– 25A–36, concerning termination of agency life; NMAC, sections 19.8.11.1100.A(3), D, and D(2), concerning public notices of filing of permit applications; NMAC, section 19.8.11.1101.C, concerning opportunity for submission of written comments on permit appli- cations; NMAC, sections 19.8.11.1102.A and B(2), concerning the right to file written objec- tions; NMAC, sections 19.8.11.1103.A(3), B, B(1), D, E(1), and F, concerning hearings and conferences; NMAC, section 19.8.11.1104.B, concerning public availability of information in permit applications on file with the Director; NMAC, sections 19.8.11.1105.C(2), D, E, and F, concerning review of permit applications; NMAC, sections 19.8.11.1106.C, D(3), F, G(1) and (2), and N, concerning criteria for permit approval or denial; NMAC, sections 19.8.11.1107.A, B, B(1), B(1)(b), B(3), C, D, E, and F, concerning general procedures for improvidently issued permits; NMAC, section 19.8.11.1108.B, concerning existing structures and criteria for permit approval or denial; NMAC, sections 19.8.11.1109.A(4), B, B(1) and (2), B(2)(b), B(3), and D, concerning permit approval or denial actions; NMAC, section 19.8.11.1110.A(1), concerning the rescission process for improvidently issued permits; NMAC, section 19.8.11.1111.B, con- cerning permit terms; NMAC, section 19.8.11.1113.C(2), concerning conditions of permit for environment, public health and safety; NMAC, section 19.8.11.1114, concerning conformance of permit; NMAC, sections 19.8.11.1115.A, B, and C, concerning verification of ownership or control application information; NMAC, sections 19.8.11.1116.B and B(2)(b), concerning re- view of ownership or control and violation information; NMAC, sections 19.8.11.1117.A, A(1), (2) and (3), B, C, D, D(1) and (2), and D(2)(a) and (b), concerning procedures for challenging ownership or control links shown in the applicant violator system; NMAC, sections 19.8.11.1118.B, B(1), (2) and (3), B(3)(1), C, C(1)(a) through (c), and C(2), concerning stand- ards for challenging ownership or control links and the status of violations; NMAC, section 19.8.12.1201, deletion of rules allowing for review by the Commission of decisions of the Di- rector; NMAC, sections 19.8.12.1202.A, concerning judicial review of final decisions by the Director; NMAC, sections 19.8.12.1202.B, concerning judicial review of decisions by the Commission; and NMAC, sections 19.8.12.1203.A through L, concerning formal review of no- tices of violations, cessation orders, and show cause orders.

[FR Doc. E6–17521 Filed 10–18–06; 8:45 am] has determined that USS HAWAII (SSN amendment provides notice that the BILLING CODE 4310–05–P 776) is a vessel of the Navy which, due Deputy Assistant Judge Advocate to its special construction and purpose, General (Admiralty and Maritime Law), cannot fully comply with certain under authority delegated by the DEPARTMENT OF DEFENSE provisions of the 72 COLREGS without Secretary of the Navy, has certified that interfering with its special function as a USS HAWAII(SSN 776) is a vessel of the Department of the Navy naval ship. The intended effect of this Navy which, due to its special rule is to warn mariners in waters where construction and purpose, cannot fully 32 CFR Part 706 72 COLREGS apply. comply with the following specific DATES: Effective Date: October 5, 2006. provisions of 72 COLREGS without Certifications and Exemptions Under FOR FURTHER INFORMATION CONTACT: interfering with its special function as a the International Regulations for Commander C. J. Spain, JAGC, U.S. naval ship: Rule 21(c) pertaining to the Preventing Collisions at Sea, 1972 Navy, Deputy Assistant Judge Advocate arc of visibility of the stern light; Annex AGENCY: Department of the Navy, DoD. General (Admiralty and Maritime Law), I, section 2(a)(i), pertaining to the height Office of the Judge Advocate General, of the masthead light; Annex I, section ACTION: Final rule. Department of the Navy, 1322 Patterson 2(k) pertaining to the height and relative SUMMARY: The Department of the Navy Ave., SE., Suite 3000, Washington Navy positions of the anchor lights; and is amending its certifications and Yard, DC 20374–5066, telephone 202– Annex I, section 3(b), pertaining to the exemptions under the International 685–5040. location of the sidelights. The Deputy Regulations for Preventing Collisions at SUPPLEMENTARY INFORMATION: Pursuant Assistant Judge Advocate General Sea, 1972 (72 COLREGS), to reflect that to the authority granted in 33 U.S.C. (Admiralty and Maritime Law) has also the Deputy Assistant Judge Advocate 1605, the Department of the Navy certified that the lights involved are General (Admiralty and Maritime Law) amends 32 CFR Part 706. This located in closest possible compliance

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with the applicable 72 COLREGS List of Subjects in 32 CFR Part 706 Authority: 33 U.S.C. 1605. requirements. All other previously Marine safety, Navigation (water), and I 2. Table One of § 706.2 is amended by certified deviations from the 72 Vessels. adding, in numerical order, the COLREGS not affected by this I following entry for the USS HAWAII amendment remain in effect. For the reasons set forth in the Moreover, it has been determined, in preamble, amend part 706 of title 32 of (SSN 776): accordance with 32 CFR Parts 296 and the Code of Federal Regulations as follows: § 706.2 Certifications of the Secretary of 701, that publication of this amendment the Navy under Executive Order 11964 and for public comment prior to adoption is PART 706—CERTIFICATIONS AND 33 U.S.C. 1605. impracticable, unnecessary, and EXEMPTIONS UNDER THE * * * * * contrary to public interest since it is INTERNATIONAL REGULATIONS FOR based on technical findings that the PREVENTING COLLISIONS AT SEA, placement of lights on this vessel in a 1972 manner differently from that prescribed herein will adversely affect the vessel’s I 1. The authority citation for part 706 ability to perform its military functions. continues to read:

Distance in meters of forward masthead Vessel Number light below minimum required height. § 2(a)(i), Annex I

******* USS HAWAII ...... SSN 776 ...... 2.90

*******

I 3. Table Three of § 706.2 is amended § 706.2 Certifications of the Secretary of by adding, in numerical order, the the Navy under Executive Order 11964 and following entry for USS HAWAII: 33 U.S.C. 1605. * * * * *

TABLE 3

Anchor Side lights Forward lights rela- Masthead Side lights Stern light distance in- Stern light, anchor light tion ship of lights arc of arc of arc of visi- board of distance for- height above aft light to Vessel No. visibility; rule visibility; rule bility; rule ship’s sides ward of stern hull in forward light 21(a) 21(b) 21(c) in meters in meters; meters; 2(K) in meters § 3(b) annex rule 21(c) annex 1 2(K) annex 1 1

USS HAWAII ...... SSN 776 ...... 205° 4.37 11.05 2.8 0.30 below.

Approved: October 5, 2006. ENVIRONMENTAL PROTECTION State of Indiana’s May 30, 2006, request Gregg A. Cervi, AGENCY to redesignate the 8-hour ozone National Commander, JAGC, U.S. Navy,Deputy Ambient Air Quality Standard (NAAQS) Assistant Judge AdvocateGeneral (Admiralty 40 CFR Parts 52 and 81 nonattainment area of Allen County, and Maritime Law). [EPA–R05–OAR–2006–0399; FRL–8232–1] Indiana, to attainment for the 8-hour [FR Doc. E6–17431 Filed 10–18–06; 8:45 am] ozone NAAQS; and for EPA approval of BILLING CODE 3810–FF–P Determination of Attainment, Approval an Indiana State Implementation Plan and Promulgation of Implementation (SIP) revision containing a 14-year Plans and Designation of Areas for Air maintenance plan for Allen County. In Quality Planning Purposes; Indiana; the direct final rule, EPA stated that if Redesignation of Allen County 8-hour adverse comments were submitted by Ozone Nonattainment Area to September 29, 2006, the rule would be Attainment for Ozone; Withdrawal of withdrawn and not take effect. On Direct Final Rule September 4, 2006, EPA received a AGENCY: Environmental Protection comment. EPA believes this comment is Agency (EPA). adverse and, therefore, EPA is ACTION: Withdrawal of direct final rule. withdrawing the direct final rule. EPA will address the comment in a SUMMARY: Due to the receipt of an subsequent final action based upon the adverse comment, the EPA is proposed action also published on withdrawing the August 30, 2006 (71 FR August 30, 2006 (71 FR 51546). EPA 51489), direct final rule approving the

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will not institute a second comment compliance prior to final payment. This Supplement Parts 1819 and 1852 to period on this action. requirement is being established to require that all research and DATES: The direct final rule published at facilitate the Government’s ability to development contracts awarded under 71 FR 51489 on August 30, 2006 is hold contractors accountable for the SBIR and STTR Programs include withdrawn as of October 19, 2006. compliance with Federal statute, the clause at 1852.219–85, Conditions for Final Payment—SBIR and STTR FOR FURTHER INFORMATION CONTACT: regulation, and requirements associated Contracts. This clause provides Steven Rosenthal, Environmental with the SBIR and STTR programs. In direction to the contractor regarding Engineer, Criteria Pollutant Section, Air addition, the final rule corrects the completion and submission of a Programs Branch (AR–18J), following in the proposed rule: Revises recertification requirement prior to and Environmental Protection Agency, the section numbering of the as a condition of final payment. In Region 5, 77 West Jackson Boulevard, prescription identified in NFS 1832.12 addition, the rule requires use of the Chicago, Illinois 60604, (312)886–6052, of the proposed rule from NFS clauses at 1852.219–80, Limitation on [email protected]. 1832.1200 to NFS 1819.7302(f); revises the numbering of the clause from NFS Subcontracting—SBIR Phase I Program, List of Subjects 1852.232–83 in the proposed rule to 1852.219–81, Limitation on Subcontracting—SBIR Phase II Program, 40 CFR Part 52 NFS 1852.219–85 in the final rule; makes minor revisions to conform and 1852.219–82, Limitation on Environmental protection, Air clause titles with those in the clause Subcontracting—STTR Program, in the pollution control, Incorporation by prescriptions; revises the respective SBIR and STTR contracts to reference, Intergovernmental relations, Supplementary Information, Paragraph delineate the subcontracting limitations Nitrogen dioxide, Ozone, and Volatile B. Regulatory Flexibility Act to expand necessary for contract performance. The organic compounds. the justification that the rule does not rule also requires the use of clauses at 1852.219–83, Limitation of the Principal 40 CFR Part 81 have a significant economic impact on small entities; and makes other minor Investigator—SBIR Program, and Air pollution control, Environmental editorial corrections. 1852.219–84, Limitation of the Principal protection, National parks, Wilderness DATES: Effective Date: October 19, 2006. Investigator—STTR Program, areas. respectively, to describe the FOR FURTHER INFORMATION CONTACT: employment requirements of the Dated: October 6, 2006. Marilyn J. Seppi, NASA, Office of Gary Gulezian, principal investigator. Procurement, Contract Management This is not a significant regulatory Acting Regional Administrator, Region 5. Division, (202) 358–0447, e-mail: action and, therefore, was not subject to [email protected]. PART 40—[AMENDED] review under Section 6(b) of Executive SUPPLEMENTARY INFORMATION: Order 12866, Regulatory Planning and I Accordingly, the amendments to 40 A. Background Review, dated September 30, 1993. This CFR 52.777 and 81.315 published in the rule is not a major rule under 5 U.S.C. NASA published a proposed rule in 804. Federal Register on August 30, 2006 (71 the Federal Register on September 30, FR 51489) on pages 51489–51500 is 2005 (70 FR 57240–57242). The public B. Regulatory Flexibility Act withdrawn as of October 19, 2006. comment period ended on November NASA certifies that this rule will not [FR Doc. E6–17432 Filed 10–18–06; 8:45 am] 29, 2005. One public comment was have a significant economic impact on BILLING CODE 6560–50–P received. The comment stated that the a substantial number of small entities proposed rule constituted an undue within the meaning of the Regulatory burden and would have a significant Flexibility Act, 5 U.S.C. 601, et seq., NATIONAL AERONAUTICS AND (adverse) impact on small businesses. because the recertification prior to final SPACE ADMINISTRATION The respondent also objected to long- payment to awardees is merely an standing SBIR/STTR program updated statement by the contractor 48 CFR Parts 1819 and 1852 requirements relating to limitations on provided in the representations and subcontracting. NASA’s Response: certifications submitted with the RIN 2700–AD17 Regarding the issue of additional proposal in accordance with the Small Small Business Innovation Research burden, NASA believes that it is in the Business Administration’s SBIR (SBIR) and Small Business Technology Government’s best interest to implement Program Directive. The information Transfer (STTR) Contractor the proposed rule requiring SBIR/STTR included in the contractor’s statement Recertification of Program Compliance contractors to recertify their compliance addresses subcontracting limitations with Program requirements prior to final and contracting officer consent AGENCY: National Aeronautics and payment to hold contractors requirements which are part of a Space Administration. accountable for Program compliance contractor’s normal contract ACTION: Final rule. and to enable the pursuit of criminal administration responsibilities in and civil cases when noncompliance monitoring compliance with contract SUMMARY: This rule adopts the proposed constitutes a fraud against the and program requirements. Accordingly, rule published in the Federal Register Government. NASA believes that the the recertification is not considered to on September 30, 2005 as final with additional burden resulting from the have a significant impact. minor, non-substantive editorial recertification statement requirement is changes. The final rule amends the minimal. The respondent’s comment C. Paperwork Reduction Act NASA FAR Supplement (NFS) to objecting to current SBIR/STTR program The Paperwork Reduction Act applies include a requirement for NASA’s Small requirements relating to limitations on because the changes to the NFS impose Business Innovation Research (SBIR) subcontracting is noted; however, these recordkeeping or information and the Small Business Technology are existing program requirements that collections, or collection of information Transfer (STTR) program contractors to apply regardless of this rule. Therefore, from offerors or contractors. The Office complete a recertification of program this final rule amends NASA FAR of Management and Budget under 44

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U.S.C. 3501, et seq., has approved this participating in the SBIR/STTR PART 1852—SOLICITATION as a new collection under OMB Control Programs (SBIR/STTR agencies) are PROVISIONS AND CONTRACT Number 2700–0124. obligated to follow the guidance CLAUSES provided by the SBA Policy Directive. List of Subjects in 48 CFR 1819 and NASA is required to ensure its policies, I 3. Add sections 1852.219–80, 1852 regulations, and guidance on the SBIR/ 1852.219–81, 1852.219–82, 1852.219– Government procurement. STTR Programs are consistent with 83, 1852.219–84, and 1852.219–85 to Tom Luedtke, SBA’s Policy Directive. Contracting read as follows: officers are required to insert the Assistant Administrator for Procurement. applicable clauses identified in 1852.219–80 Limitation on Subcontracting—SBIR Phase I Program. I Accordingly, 48 CFR parts 1819 and 1819.7302 in all SBIR and STTR 1852 are amended as follows: contracts. As prescribed in 1819.7302(a), insert I 1. The authority citation for 48 CFR the following clause: parts 1819 and 1852 continues to read 1819.7302 NASA contract clauses. as follows: Limitation on Subcontracting—SBIR Phase I (a) Contracting officers shall insert the Program(Oct 2006) Authority: 42 U.S.C. 2473(c)(1). clause at 1852.219–80, Limitation on The Contractor shall perform a minimum Subcontracting—SBIR Phase I Program, of two-thirds of the research and/or PART 1819—SMALL BUSINESS in all Phase I contracts awarded under analytical effort (total contract price less PROGRAMS the Small Business Innovation Research profit) conducted under this contract. Any (SBIR) Program established pursuant to deviation from this requirement must be I 2. Add Subpart 1819.73 to read as Public Law 97–219 (the Small Business approved in advance and in writing by the follows: Innovation Development Act of 1982). Contracting Officer. Subpart 1819.73—Small Business (b) Contracting officers shall insert the Innovation Research (SBIR) and Small (End of clause) clause at 1852.219–81, Limitation on Business Technology Transfer (STTR) 1852.219–81 Limitation on Programs 1819.7301 Scope of subpart. Subcontracting—SBIR Phase II Program, in all Phase II contracts awarded under Subcontracting—SBIR Phase II Program. Sec. the Small Business Innovation Research 1819.7301 Scope of subpart. As prescribed in 1819.7302(b), insert 1819.7302 NASA contract clauses. (SBIR) Program established pursuant to the following clause: Public Law 97–219 (the Small Business Limitation on Subcontracting—SBIR Phase Subpart 1819.73—Small Business Innovation Development Act of 1982). II Program (Oct 2006) Innovation Research (SBIR) and Small (c) Contracting officers shall insert the The Contractor shall perform a minimum Business Technology Transfer (STTR) clause at 1852.219–82, Limitation on of one-half of the research and/or analytical Programs Subcontracting—STTR Program, in all effort (total contract price less profit) contracts awarded under the Small conducted under this contract. Any deviation 1819.7301 Scope of subpart. Business Technology Transfer (STTR) from this requirement must be approved in The Small Business Innovation Program established pursuant to Public advance and in writing by the Contracting Research (SBIR) and Small Business Law 97–219 (the Small Business Officer. Since the selection of R&D Technology Transfer (STTR) Programs Innovation Development Act of 1982). contractors is substantially based on the best were established and issued under the scientific and technological sources, it is (d) Contracting officers shall insert the authority of the Small Business Act important that the Contractor not subcontract clause at 1852.219–83, Limitation of the codified at 15 U.S.C. 631, as amended, technical or scientific work without the Principal Investigator—SBIR Program, Contracting Officer’s advance approval. and the Small Business Innovation in all contracts awarded under the Development Act of 1982 (Pub. L. 97– Small Business Innovation Research (End of clause) 219), codified with amendments at 15 (SBIR) Program established pursuant to U.S.C. 638. The Small Business Act 1852.219–82 Limitation on Public Law 97–219 (the Small Business requires that the Small Business Subcontracting—STTR Program. Innovation Development Act of 1982). Administration (SBA) issue SBIR and As prescribed in 1819.7302(c), insert STTR Program Policy Directives for the (e) Contracting officers shall insert the the following clause: general conduct of the SBIR/STTR clause at 1852.219–84, Limitation of the Principal Investigator—STTR Program, Limitation on Subcontracting—STTR Programs within the Federal Program(Oct 2006) Government. The statutory purpose of in all contracts awarded under the the SBIR Program is to strengthen the Small Business Technology Transfer The Contractor shall perform a minimum of 40 percent of the work under this contract role of innovative small business (STTR) Program established pursuant to Public Law 97–219 (the Small Business (total contract price including cost sharing if concerns (SBCs) in federally-funded any, less profit if any). A minimum of 30 research or research and development Innovation Development Act of 1982). percent of the work under this contract shall (R/R&D). Specific program purposes are (f) Contracting officers shall insert the be performed by the research institution. to: Stimulate technological innovation; clause at 1852.219–85, Conditions for Since the selection of R&D contractors is use small business to meet Federal Final Payment—SBIR and STTR substantially based on the best scientific and R/R&D needs; foster and encourage Contracts, in all contracts awarded technological sources, it is important that the participation by socially and under the Small Business Technology Contractor not subcontract technical or economically disadvantaged SBCs, and Transfer (STTR) Program and in all scientific work without the Contracting Officer’s advance approval. by SBCs that are 51-percent owned and Phase I and Phase II contracts awarded controlled by women, in technological under the Small Business Technology (End of clause) innovation; and increase private sector Transfer (STTR) Small Business commercialization of innovations Innovation Research (SBIR) Program 1852.219–83 Limitation of the Principal derived from Federal R/R&D, thereby established pursuant to Public Law 97– Investigator—SBIR Program. increasing competition, productivity 219 (the Small Business Innovation As prescribed in 1819.7302(d), insert and economic growth. Federal agencies Development Act of 1982). the following clause:

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Limitation of the Principal Investigator— employer of the PI, shall exercise primary the Contracting Officer on (insert date of SBIR Program(Oct 2006) management direction and control over the approval or modification number.); The primary employment of the principal PI and be overall responsible for the PI’s 5. For STTR contracts: The subcontracting investigator (PI) shall be with the small performance under this contract. Deviations limitation set forth in this contract was not business concern (SBC)/Contractor during from these requirements must be approved in exceeded; the conduct of this contract. Primary advance and in writing by the Contracting 6. For SBIR contracts: The primary employment means that more than one-half Officer and are not subject to a change in the employment of the principal investigator (PI) of the principal investigator’s time is spent in firm-fixed price of the contract. The PI for identified in this SBIR contract was with the the employ of the SBC/Contractor. This this contract is (insert name). Contractor, except as approved in writing by precludes full-time employment with another the Contracting Officer on (insert date of organization. Deviations from these (End of Clause) approval or modification number); and 7. For STTR contracts: The primary requirements must be approved in advance 1852.219–85 Conditions for Final employment of the principal investigator (PI) and in writing by the Contracting Officer and Payment—SBIR and STTR Contracts. are not subject to a change in the firm-fixed identified in this STTR contract was the SBC/ price of the contract. The PI for this contract As prescribed in 1819.7302(f), insert Contractor or the research institution (RI). is (insert name). the following clause: The PI identified in the STTR contract was considered key in the performance of this (End of Clause) Conditions for Final Payment—SBIR AND contract. The SBC/Contractor, whether or not STTR Contracts(Oct 2006) the employer of the PI, did exercise primary 1852.219–84 Limitation of the Principal As a condition for final payment under this management direction and control over the Investigator—STTR Program. contract, the Contractor shall provide the PI and was overall responsible for the PI’s As prescribed in 1819.7302(e), insert following certifications as part of its final performance under this contract. Any the following clause: payment invoice request: substitutions of this individual were During performance of this contract— approved in writing by the Contracting Limitation of the Principal Investigator— 1. Essentially equivalent work performed Officer on (insert date of approval or STTR Program (Oct 2006) under this contract has not been proposed for modification number). (a) The primary employment of the funding to another Federal agency; I understand that the willful provision of principal investigator (PI) identified in 2. No other Federal funding award has false information or concealing a material paragraph (b) of this clause is with the small been received for essentially equivalent work fact in this representation is a criminal business concern (SBC)/Contractor or the performed under this contract; offense under Title 18 USC, Section 1001, research institution (RI). Primary 3. Deliverable items submitted under this False Statements, as well as Title 18 U.S.C., employment means that more than one-half contract have not been submitted as Section 287, False Claims. of the principal investigator’s time is spent in deliverable items under another Federal the employ of the SBC/Contractor or RI. funding award; (End of Clause) (b) The PI is considered to be key 4. For SBIR contracts: The subcontracting personnel in the performance of this contract. limitation set forth in this contract was not [FR Doc. E6–17043 Filed 10–18–06; 8:45 am] The SBC/Contractor, whether or not the exceeded except as approved in writing by BILLING CODE 7510–01–P

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Proposed Rules Federal Register Vol. 71, No. 202

Thursday, October 19, 2006

This section of the FEDERAL REGISTER • Mail: Docket Management Facility, Examining the Docket contains notices to the public of the proposed U.S. Department of Transportation, 400 You may examine the AD docket on issuance of rules and regulations. The Seventh Street, SW., Nassif Building, the Internet at http://dms.dot.gov, or in purpose of these notices is to give interested Room PL–401, Washington, DC 20590. persons an opportunity to participate in the • person at the Docket Management Fax: (202) 493–2251. Facility office between 9 a.m. and 5 rule making prior to the adoption of the final • Hand Delivery: Room PL–401 on rules. p.m., Monday through Friday, except the plaza level of the Nassif Building, Federal holidays. The Docket 400 Seventh Street, SW., Washington, Management Facility office (telephone DEPARTMENT OF TRANSPORTATION DC, between 9 a.m. and 5 p.m., Monday (800) 647–5227) is located on the plaza through Friday, except Federal holidays. level of the Nassif Building at the DOT Contact Boeing Commercial Federal Aviation Administration street address stated in the ADDRESSES Airplanes, Long Beach Division, 3855 section. Comments will be available in Lakewood Boulevard, Long Beach, 14 CFR Part 39 the AD docket shortly after the Docket California 90846, Attention: Data and Management System receives them. [Docket No. FAA–2006–26084; Directorate Service Management, Dept. C1–L5A Identifier 2006–NM–063–AD] (D800–0024), for the service information Discussion RIN 2120–AA64 identified in this proposed AD. In April 1992, the FAA issued a FOR FURTHER INFORMATION CONTACT: document titled ‘‘Criteria for Assessing Airworthiness Directives; McDonnell William Bond, Aerospace Engineer, Transport Turbojet Fleet Thrust Douglas Model DC–8–62, DC–8–63, Propulsion Branch, ANM–140L, FAA, Reverser Safety.’’ This document is DC–8–62F, and DC–8–63F Airplanes Los Angeles Aircraft Certification based upon the premise that no failure Office, 3960 Paramount Boulevard, of thrust reverser components AGENCY: Federal Aviation Lakewood, California 90712–4137; anticipated to occur in service should Administration (FAA), Department of telephone (562) 627–5253; fax (562) prevent continued safe flight and Transportation (DOT). 627–5210. landing of an airplane. In order to ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: comply with the criteria in the (NPRM). document, Boeing recommends Comments Invited incorporating a wiring modification of SUMMARY: The FAA proposes to adopt a We invite you to submit any relevant the thrust reverser system on McDonnell new airworthiness directive (AD) for written data, views, or arguments certain McDonnell Douglas Model DC– Douglas Model DC–8–62, DC–8–63, DC– regarding this proposed AD. Send your 8–62F, and DC–8–63F airplanes. Based 8–62, DC–8–63, DC–8–62F, and DC–8– comments to an address listed in the 63F airplanes. This proposed AD would upon the Boeing safety evaluations, we ADDRESSES section. Include the docket require revising the wiring for the have determined that the existing thrust number ‘‘FAA–2006–26084; Directorate reverser systems on these airplanes do engine thrust brake circuit and Identifier 2006–NM–063–AD’’ at the indicating circuit and other specified not adequately preclude inadvertent beginning of your comments. We deployment of the thrust reversers. actions, or rerouting the wiring at plug specifically invite comments on the P1–1762A on the electrical power center Inadvertent deployment of the thrust overall regulatory, economic, reversers during takeoff or landing generator control panel, as necessary. environmental, and energy aspects of This proposed AD results from the could result in loss of control of the the proposed AD. We will consider all airplane. determination that the thrust reverser comments received by the closing date systems on these airplanes do not and may amend the proposed AD in Relevant Service Information adequately preclude inadvertent light of those comments. We have reviewed McDonnell deployment of the thrust reversers. We We will post all comments we Douglas DC–8 Service Bulletin 78–95, are proposing this AD to prevent receive, without change, to http:// Revision 2, dated March 10, 1971; and inadvertent deployment of the thrust dms.dot.gov, including any personal Revision 1, dated December 29, 1970. reversers during takeoff or landing, information you provide. We will also The service bulletins describe which could result in loss of control of post a report summarizing each procedures for either revising the wiring the airplane. substantive verbal contact with FAA for the engine thrust brake circuit and DATES: We must receive comments on personnel concerning this proposed AD. indicating circuit and doing other this proposed AD by December 4, 2006. Using the search function of that Web specified actions, or rerouting the ADDRESSES: Use one of the following site, anyone can find and read the wiring at plug P1–1762A on the addresses to submit comments on this comments in any of our dockets, electrical power center (EPC) generator proposed AD. including the name of the individual control panel, depending on the • DOT Docket Web site: Go to who sent the comment (or signed the configuration of the airplane. The other http://dms.dot.gov and follow the comment on behalf of an association, specified actions include modifying and instructions for sending your comments business, labor union, etc.). You may reidentifying a nameplate and electronically. review DOT’s complete Privacy Act accomplishing the adjustment/test of • Government-wide rulemaking Web Statement in the Federal Register the thrust reverser system. For certain site: Go to http://www.regulations.gov published on April 11, 2000 (65 FR airplanes, the other specified actions and follow the instructions for sending 19477–78), or you may visit http:// also include installing a new bracket, your comments electronically. dms.dot.gov. terminal boards, and clamps.

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Accomplishing the actions specified in We are issuing this rulemaking under McDonnell Douglas: Docket No. FAA–2006– the service information is intended to the authority described in Subtitle VII, 26084; Directorate Identifier 2006–NM– adequately address the unsafe Part A, Subpart III, Section 44701, 063–AD. condition. ‘‘General requirements.’’ Under that Comments Due Date section, Congress charges the FAA with FAA’s Determination and Requirements (a) The FAA must receive comments on promoting safe flight of civil aircraft in of the Proposed AD this AD action by December 4, 2006. air commerce by prescribing regulations Affected ADs We have evaluated all pertinent for practices, methods, and procedures information and identified an unsafe the Administrator finds necessary for (b) None. condition that is likely to exist or safety in air commerce. This regulation Applicability develop on other airplanes of this same is within the scope of that authority (c) This AD applies to McDonnell Douglas type design. For this reason, we are because it addresses an unsafe condition Model DC–8–62 and DC–8–63 airplanes and proposing this AD, which would require that is likely to exist or develop on Model DC–8–62F and DC–8–63F airplanes, accomplishing the actions specified in products identified in this rulemaking certificated in any category; as identified in the service information described action. McDonnell Douglas DC–8 Service Bulletin previously, except as discussed under 78–95, Revision 2, dated March 10, 1971. Regulatory Findings ‘‘Difference Between the Proposed AD Unsafe Condition and Service Bulletin.’’ We have determined that this (d) This AD results from the determination Difference Between the Proposed AD proposed AD would not have federalism that the thrust reverser systems on and Service Bulletin implications under Executive Order McDonnell Douglas Model DC–8–62, DC–8– 13132. This proposed AD would not 63, Model DC–8–62F, and DC–8–63F Although the service bulletins do not have a substantial direct effect on the airplanes do not adequately preclude recommend a compliance time for States, on the relationship between the inadvertent deployment of the thrust accomplishing the modification, we national Government and the States, or reversers. We are issuing this AD to prevent inadvertent deployment of the thrust have coordinated a compliance time of on the distribution of power and 27 months with Boeing. In developing reversers during takeoff or landing, which responsibilities among the various could result in loss of control of the airplane. an appropriate compliance time for this levels of government. proposed AD, we considered not only For the reasons discussed above, I Compliance the manufacturer’s recommendation, certify that the proposed regulation: (e) You are responsible for having the but the degree of urgency associated 1. Is not a ‘‘significant regulatory actions required by this AD performed within with addressing the subject unsafe the compliance times specified, unless the condition, the average utilization of the action’’ under Executive Order 12866; actions have already been done. affected fleet, and the time necessary to 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures Modification of Engine Thrust Brake perform the modification. In light of all Circuitry of these factors, we find a compliance (44 FR 11034, February 26, 1979); and 3. Will not have a significant (f) Within 27 months after the effective time of 27 months for completing the date of this AD, do the applicable action required actions to be warranted, in that economic impact, positive or negative, specified in paragraph (f)(1) or (f)(2) of this it represents an appropriate interval of on a substantial number of small entities AD, by accomplishing all of the applicable time for affected airplanes to continue to under the criteria of the Regulatory actions specified in the Accomplishment operate without compromising safety. Flexibility Act. Instructions of McDonnell Douglas DC–8 We prepared a regulatory evaluation Service Bulletin 78–95, Revision 2, dated Costs of Compliance of the estimated costs to comply with March 10, 1971; or Revision 1, dated There are about 70 airplanes of the this proposed AD and placed it in the December 29, 1970. (1) Revise the wiring for the engine thrust affected design in the worldwide fleet. ADDRESSES AD docket. See the section brake circuit and indicating circuit, and do This proposed AD would affect about 45 for a location to examine the regulatory all other specified actions before further airplanes of U.S. registry. The proposed evaluation. flight after revising the wiring. actions would take between 1 and 5 List of Subjects in 14 CFR Part 39 (2) Reroute the wiring at plug P1–1762A on work hours per airplane, depending on the electrical power center generator control airplane configuration, at an average Air transportation, Aircraft, Aviation panel. labor rate of $80 per work hour. For a safety, Safety. Alternative Methods of Compliance certain airplane configuration, required (AMOCs) parts would cost about $9 per airplane. The Proposed Amendment (g)(1) The Manager, Los Angeles Aircraft For a certain other airplane Accordingly, under the authority Certification Office, FAA, has the authority to configuration, required parts would cost delegated to me by the Administrator, approve AMOCs for this AD, if requested in about $2,825 per airplane. Based on the FAA proposes to amend 14 CFR part accordance with the procedures found in 14 these figures, the estimated cost of the 39 as follows: CFR 39.19. proposed AD for U.S. operators is (2) Before using any AMOC approved in between $4,005 and $145,125, or PART 39—AIRWORTHINESS accordance with § 39.19 on any airplane to between $89 and $3,225 per airplane. DIRECTIVES which the AMOC applies, notify the appropriate principal inspector in the FAA Authority for This Rulemaking 1. The authority citation for part 39 Flight Standards Certificate Holding District Title 49 of the United States Code continues to read as follows: Office. specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. Issued in Renton, Washington, on October rules on aviation safety. Subtitle I, 10, 2006. Section 106, describes the authority of § 39.13 [Amended] Kalene C. Yanamura, the FAA Administrator. Subtitle VII, 2. The Federal Aviation Acting Manager, Transport Airplane Aviation Programs, describes in more Administration (FAA) amends § 39.13 Directorate, Aircraft Certification Service. detail the scope of the Agency’s by adding the following new [FR Doc. E6–17421 Filed 10–18–06; 8:45 am] authority. airworthiness directive (AD): BILLING CODE 4910–13–P

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DEPARTMENT OF COMMERCE capability of the PRC, while facilitating 7604, Ben Franklin Station, Washington, U.S. exports to legitimate civil end-users DC 20044. Submissions may be hand Bureau of Industry and Security in the PRC. Consistent with this policy, delivered Monday through Friday BIS proposed to amend the EAR by between the hours of 8 a.m. and 4 p.m. 15 CFR Parts 740, 742, 744 and 748 revising and clarifying United States to CC:PA:LPD:PR (REG–127819–06), [Docket No. 06022180–6266–02] licensing requirements and licensing Internal Revenue Service, Crystal Mall 4 policy on exports and reexports of goods Building, 1901 S. Bell St., Arlington, RIN 0694–AD75 and technology to the PRC. The main VA, or sent electronically, via the IRS amendments in the proposed rule Internet site at http://www.irs.gov/regs Revisions and Clarification of Export include restrictions on certain exports or via the Federal eRulemaking Portal at and Reexport Controls for the People’s and reexports for military end-uses in http://www.regulations.gov (IRS–REG– Republic of China (PRC); New the PRC; a change in scope of end-user 127819–06). The public hearing will be Authorization Validated End-User certificate requirement for the PRC; and held in the auditorium of the New AGENCY: Bureau of Industry and a new Authorization Validated End- Carrollton Federal Building, 5000 Ellin Security, Commerce. User (VEU). Rd., Lanham, Maryland 20706. The proposed rule indicated that the FOR FURTHER INFORMATION CONTACT: ACTION: Proposed rulemaking; extension deadline for public comments closes on Concerning the regulations, Paul of comment period. November 3, 2006. BIS is now extending Handleman or Lauren Ross Taylor, (202) SUMMARY: This notice extends the the comment period until December 4, 622–3040; concerning submission of comment period on a July 6, 2006 2006, to allow the public more time to comments, the hearing, and/or to be proposed rule in which the Bureau of submit comments in light of discussions placed on the building access list to Industry and Security (BIS) proposed heard during the public meetings. attend the hearing, Kelly D. Banks, (202) amending the Export Administration Dated: October 13, 2006. 622–7180 (not toll-free numbers). Regulations (EAR) to revise and clarify Eileen Albanese, SUPPLEMENTARY INFORMATION: the United States’ policy for exports and Director, Office of Exporter Services. Background reexports of dual-use items to the [FR Doc. E6–17429 Filed 10–18–06; 8:45 am] People’s Republic of China (PRC). Temporary regulations in the Rules BILLING CODE 3510–33–P and Regulations section of this issue of DATES: All comments on the proposed the Federal Register amend the Income rule must be received by no later than Tax Regulations (26 CFR part 1) relating December 4, 2006. DEPARTMENT OF THE TREASURY to section 199. The temporary ADDRESSES: Written comments on this regulations provide guidance rule may be sent to the Federal Internal Revenue Service concerning the amendments made by eRulemaking Portal: http:// the Tax Increase Prevention and www.regulations.gov, or by e-mail to 26 CFR Part 1 Reconciliation Act of 2005 to section [email protected]. Include [REG–127819–06] 199 of the Internal Revenue Code. The RIN 0694–AD75 in the subject line of text of those regulations also serves as the message. Comments may be RIN 1545–BF79 the text of these proposed regulations. submitted by mail or hand delivery to The preamble to the temporary TIPRA Amendments to Section 199 Sheila Quarterman, Office of Exporter regulations explains the amendments. Services, Regulatory Policy Division, AGENCY: Internal Revenue Service (IRS), Special Analyses Bureau of Industry and Security, Treasury. It has been determined that this notice Department of Commerce, 14th St. & ACTION: Notice of proposed rulemaking of proposed rulemaking is not a Pennsylvania Avenue, NW., Room 2705, by cross-reference to temporary significant regulatory action as defined Washington, DC 20230, ATTN: RIN regulations and notice of public hearing. 0694–AD75; or by fax to (202) 482– in Executive Order 12866. Therefore, a 3355. SUMMARY: In the Rules and Regulations regulatory assessment is not required. It also has been determined that section FOR FURTHER INFORMATION CONTACT: For section of this issue of the Federal Register, the IRS is issuing temporary 553(b) of the Administrative Procedure further information regarding this notice Act (5 U.S.C. chapter 5) does not apply or the proposed rule, contact Sheila regulations concerning the application of section 199 of the Internal Revenue to these regulations, and because the Quarterman, Office of Exporter Services, regulations do not impose a collection Regulatory Policy Division, by Code, which provides a deduction for income attributable to domestic of information on small entities, the telephone at (202) 482–2440 or by fax at Regulatory Flexibility Act (5 U.S.C. (202) 482–3355. production activities. The text of those regulations also serves as the text of chapter 6) does not apply. Pursuant to SUPPLEMENTARY INFORMATION: On July 6, these proposed regulations. This section 7805(f) of the Internal Revenue 2006, the Bureau of Industry and document also provides notice of a Code, this notice of proposed Security (BIS) published a proposed public hearing on these proposed rulemaking will be submitted to the rule in the Federal Register (71 FR regulations. Chief Counsel for Advocacy of the Small 38313) that proposed amending the Business Administration for comment Export Administration Regulations DATES: Written or electronic comments on their impact on small business. (EAR) to revise and clarify the United must be received by January 17, 2007. States’ policy for exports and reexports Outlines of topics to be discussed at the Comments and Public Hearing of dual-use items to the People’s public hearing scheduled for February Before these proposed regulations are Republic of China (PRC). Specifically, 5, 2007, must be received by January 16, adopted as final regulations, the proposed rule states that it is the 2007. consideration will be given to any policy of the United States Government ADDRESSES: Send submissions to: written comments (a signed original and to prevent exports that would make a CC:PA:LPD:PR (REG–127819–06), room eight (8) copies) or electronic comments material contribution to the military 5203, Internal Revenue Service, PO Box that are submitted timely to the IRS.

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Comments are requested on all aspects Par. 2. Section 1.199–2 is amended to standards for treating payments in lieu of the proposed regulations. In addition, read as follows: of taxes (PILOTs) as generally applicable the IRS and Treasury Department taxes for purposes of the private security specifically request comments on the § 1.199–2 Wage limitation. or payment test under section 141 of the clarity of the proposed rules and how [The text of proposed § 1.199–2 is the Internal Revenue Code (Code). The they can be made easier to understand. same as the text of § 1.199–2T published proposed regulations provide State and All comments will be available for elsewhere in this issue of the Federal local governmental issuers of tax- public inspection and copying. Register.] exempt bonds with guidance for Par. 3. Section 1.199–3 is amended to A public hearing has been scheduled applying the private security or read as follows: for February 5, 2007 at 10 a.m., in the payment test. The proposed regulations auditorium of the New Carrollton § 1.199–3 Domestic production gross affect State and local governmental Federal Building, 5000 Ellin Rd., receipts. issuers of tax-exempt bonds. This Lanham, Maryland 20706. Due to [The text of proposed § 1.199–3 is the document also provides notice of a building security procedures, visitors same as the text of § 1.199–3T published public hearing on these proposed must enter at the main entrance. In elsewhere in this issue of the Federal regulations. addition, all visitors must present photo Register.] DATES: Written or electronic comments identification to enter the building. Par. 4. Section 1.199–5 is amended to must be received by January 16, 2007. Because of access restrictions, visitors read as follows: Outlines of topics to be discussed at the will not be admitted beyond the § 1.199–5 Application of section 199 to public hearing scheduled for February immediate entrance area more than 30 13, 2007, at 10 a.m., must be received minutes before the hearing starts. For pass-thru entities for taxable years beginning after May 17, 2006, the enactment by January 16, 2007. information about having your name date of the Tax Increase Prevention and ADDRESSES: placed on the building access list to Send submissions to: Reconciliation Act of 2005. CC:PA:LPD:PR (REG–136806–06), attend the hearing, see the FOR FURTHER [The text of proposed § 1.199–5 is the Internal Revenue Service, PO Box 7604, INFORMATION CONTACT section of this same as the text of § 1.199–5T published preamble. Ben Franklin Station, Washington, DC elsewhere in this issue of the Federal 20044. Submissions may be hand- The rules of 26 CFR 601.601(a)(3) Register.] delivered to CC:PA:LPD:PR (REG– apply to the hearing. Persons who wish Par. 5. Section 1.199–7 is amended to 136806–06), Courier’s Desk, Internal to present oral comments at the hearing read as follows: Revenue Service, Crystal Mall 4 must submit electronic or written § 1.199–7 Expanded affiliated groups. Building, 1901 S. Bell Street, Arlington, comments and an outline of the topics Virginia or sent electronically, via the [The text of proposed § 1.199–7 is the to be discussed and the time to be IRS Internet site at http://www.irs.gov/ same as the text of § 1.199–7T published devoted to each topic (a signed original regs or via the Federal eRulemaking elsewhere in this issue of the Federal and eight (8) copies) by January 16, Portal at www.regulations.gov (IRS Register.] 2007. A period of 10 minutes will be REG–136806–06). The public hearing allotted to each person for making Par. 6. Section 1.199–8 is amended to read as follows: will be held in the auditorium, Internal comments. An agenda showing the Revenue Service, New Carrollton scheduling of the speakers will be § 1.199–8 Other rules. Federal Building, 5000 Ellin Road, prepared after the deadline for receiving Lanham, Maryland 20706. outlines has passed. Copies of the [The text of proposed § 1.199–8 is the agenda will be available free of charge same as the text of § 1.199–8T published FOR FURTHER INFORMATION CONTACT: at the hearing. elsewhere in this issue of the Federal Concerning the proposed regulations, Register.] Vicky Tsilas or Carla Young, at (202) Drafting Information Mark E. Matthews, 622–3980; concerning submissions of comments, the hearing and/or to be The principal authors of these Deputy Commissioner for Services and regulations are Paul Handleman and Enforcement. placed on the building access list to attend the hearing, Kelly Banks, at (202) Lauren Ross Taylor, Office of Associate [FR Doc. E6–17409 Filed 10–18–06; 8:45 am] 622–0392 (not toll-free numbers). Chief Counsel (Passthroughs and BILLING CODE 4830–01–P Special Industries), IRS. However, other SUPPLEMENTARY INFORMATION: personnel from the IRS and Treasury Background Department participated in their DEPARTMENT OF THE TREASURY development. This document contains proposed Internal Revenue Service amendments to the Income Tax List of Subjects in 26 CFR Part 1 Regulations (26 CFR part 1). Final Income taxes, Reporting and 26 CFR Part 1 regulations (TD 8712) under section 141 recordkeeping requirements. [REG–136806–06] of the Code were published in the Federal Register on January 16, 1997 Proposed Amendments to the RIN 1545–BF87 (62 FR 2275) to provide comprehensive Regulations guidance on most aspects of the private Treatment of Payments in Lieu of Accordingly, 26 CFR part 1 is activity bond restrictions. This Taxes Under Section 141 proposed to be amended as follows: document amends the Income Tax AGENCY: Internal Revenue Service (IRS), Regulations under section 141 of the PART 1—INCOME TAXES Treasury. Code by proposing modifications to the standards for treating payments in lieu Paragraph 1. The authority citation ACTION: Notice of proposed rulemaking and notice of public hearing. of taxes as generally applicable taxes for for part 1 continues to read, in part, as purposes of the private security or follows: SUMMARY: This document contains payment test under section 141. These Authority: 26 U.S.C. 7805 * * * proposed regulations modifying the regulations are published as proposed

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regulations to provide an opportunity the purpose of the generally applicable paid in consideration for the use of for public review and comment. taxes exception is to allow eligible tax property financed with tax-exempt payments made with respect to property bonds, could be interpreted in an Explanation of Provisions or services to be used to pay debt unduly restrictive manner to prevent I. Introduction service on an issue without causing any PILOTs with respect to property private payments. For this purpose, In general, interest on State and local financed with tax-exempt bonds from § 1.141–4(e)(2) defines a generally governmental bonds is excludable from being treated as generally applicable applicable tax to mean an enforced gross income under section 103 of the taxes. contribution exacted pursuant to To address these concerns, the Code. Interest on a private activity bond, legislative authority in the exercise of Treasury Department and the IRS other than a qualified bond under the taxing power that is imposed and propose to modify the standards to section 141(e), is not excludable from collected for the purpose of raising better assure a reasonably close gross income. Section 141(a) classifies a revenue to be used for governmental relationship between eligible PILOT bond as a private activity bond if it is purposes. To qualify as a generally payments and generally applicable part of an issue that meets both the applicable tax, a tax must have a taxes. The proposed clarification private business use test under section uniform rate that is applied to all provides that an eligible PILOT payment 141(b)(1) (the private business use test) persons of the same classification in the must represent a fixed percentage of, or and the private security or payment test appropriate jurisdiction and the tax reflect a fixed adjustment to, the amount under section 141(b)(2) (the private must have a generally applicable of generally applicable taxes in each payment test). In addition, section manner of determination and collection. year, based on comparable current 141(a) independently treats a bond as a By contrast, under § 1.141–4(e)(3), a valuation assessments. In addition, the private activity bond if it is part of an payment does not qualify as a generally Treasury Department and the IRS issue that meets the private loan test applicable tax if it is a special charge for propose to eliminate the example in the under section 141(c). a special privilege granted or service last sentence of § 1.141–4(e)(5)(ii). Section 141(b)(2) provides generally rendered (for example, a payment Regarding this latter proposal, the that an issue meets the private payment limited to property or persons benefited Treasury Department and the IRS test if the payment of the debt service by an improvement). Sections 1.141– believe that the existing definition of on more than 10 percent of the proceeds 4(e)(4)(ii) and (iii) set forth certain special charge under § 1.141–4(e)(3) of such issue is (under the terms of such permissible and impermissible adequately addresses this principle. issue or any underlying arrangement) agreements that bear upon whether or The proposed standards for treating directly or indirectly (1) secured by any not a tax has a generally applicable PILOTs as generally applicable taxes interest in property used or to be used manner of determination and collection. generally contemplate PILOTs based on for a private business use, or payments For example, an agreement to reduce or property taxes. The Treasury in respect of such property, or (2) to be limit the amount of taxes collected to Department and the IRS also seek public derived from payments (whether or not further a bona fide governmental comment regarding whether any special to the issuer) in respect of property, or purpose is a permissible agreement. rules are needed to address PILOTs borrowed money, used or to be used for based on other taxes, including sales a private business use. IV. Certain Payments in Lieu of Taxes Treated as Generally Applicable Taxes taxes. II. Private Payment Test in General In addition, existing § 1.141–4(e)(5) Proposed Effective Date Sections 1.141–4(c) and 1.141–4(d) of treats certain tax equivalency payments The proposed regulations are the Income Tax Regulations provide or PILOTs as generally applicable taxes proposed to apply to bonds that are sold broad general rules for purposes of if (1) the payments are commensurate on or after February 16, 2007. application of the private payment test. with and not greater than the amounts Private payments generally include any imposed by the statute for a tax of Special Analyses payments made, directly or indirectly, general application, and (2) the It has been determined that this notice by any nongovernmental person that is payments are designated for a public of proposed rulemaking is not a a private business user of proceeds purpose and are not special charges (as significant regulatory action as defined during a period of private business use described in § 1.141–4(e)(3)). Existing in Executive Order 12866. Therefore, a and any payments made with respect to § 1.141–4(e)(5) further provides an regulatory assessment is not required. It property financed with proceeds of an example which states that a PILOT also has been determined that section issue during a period of private business made in consideration for the use of 553(b) of the Administrative Procedures use, whether or not made by a private property financed with tax-exempt Act (5 U.S.C. chapter 5) does not apply business user. In addition, private bonds is treated as a special charge. to these regulations, and because the payments include property and The Treasury Department and the IRS regulations do not impose a collection payments in respect of property that are are concerned that additional guidance of information on small entities, the used or to be used for private business may be needed regarding the existing Regulatory Flexibility Act (5 U.S.C. use to the extent that any interest in that standards for treating PILOTs as chapter 6) does not apply. Pursuant to property or payments serves as security generally applicable taxes and that those section 7805(f) of the Code, this for the payment of debt service on an existing standards potentially could be proposed regulation has been submitted issue. interpreted in an unduly broad manner to the Chief Counsel for Advocacy of the to provide favorable treatment for Small Business Administration for III. Generally Applicable Taxes certain PILOTs which may have an Exception comment on its impact on small insufficient link to generally applicable business. Section 1.141–4(e) provides an taxes. Conversely, the Treasury exception to the otherwise-broad scope Department and the IRS are concerned Comments and Public Hearing of payments taken into account under that the last sentence of existing Before these proposed regulations are the private payment test in the case of § 1.141–4(e)(5)(ii), which provides as an adopted as final regulations, ‘‘generally applicable taxes.’’ In general, example of a special charge a PILOT consideration will be given to any

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written (a signed original and eight (8) PART 1—INCOME TAXES § 1.141–15 Effective dates. copies) or electronic comments that are * * * * * submitted timely to the IRS. The Paragraph 1. The authority citation (m) Effective date for certain Treasury Department and the IRS for part 1 continues to read in part as regulations relating to payments in lieu follows: specifically request comments on the of tax. The rules of § 1.141–4(e)(5) apply clarity of the proposed rules and how Authority: 26 U.S.C. 7805 * * * to bonds sold on or after [DATE THAT they may be made easier to understand. Par. 2. Section 1.141–4(e)(5) is revised IS 120 DAYS AFTER PUBLICATION OF All comments will be available for to read as follows: THIS DOCUMENT IN THE Federal public inspection and copying. Register] that are subject to section 141. § 1.141–4 Private Security or Payment A public hearing has been scheduled Test. Mark E. Matthews, for February 13, 2007, at 10 a.m. in the * * * * * Deputy Commissioner for Services and auditorium of the Internal Revenue (e) * * * Enforcement. Service, New Carrollton Federal (5) Payments in lieu of taxes—(i) In [FR Doc. E6–17408 Filed 10–18–06; 8:45 am] Building, 5000 Ellin Road, Lanham, general. A tax equivalency payment or BILLING CODE 4830–01–P Maryland 20706. Due to building other payment in lieu of a tax (PILOT) security procedures, visitors must enter is treated as a generally applicable tax at the New Carrollton Federal Building if— DEPARTMENT OF THE INTERIOR main entrance. In addition, all visitors (A) The payment is commensurate must present photo identification to with and not greater than the amounts Office of Surface Mining Reclamation enter the building. Because of access imposed by a statute for a generally and Enforcement restrictions, visitors will not be applicable tax in each year; and admitted beyond the immediate (B) The payment is designated for a 30 CFR Part 935 entrance area more than 30 minutes public purpose and is not a special before the hearing starts. For charge (as described in paragraph (e)(3) [OH–251–FOR] information about having your name of this section). Ohio Regulatory Program placed on the building access list to (ii) Commensurate standard. For attend the hearing, see the FOR FURTHER purposes of this paragraph (e)(5), a AGENCY: Office of Surface Mining INFORMATION CONTACT section of this payment is ‘‘commensurate’’ with Reclamation and Enforcement (OSM), preamble. generally applicable taxes only if the Interior. amount of such payment represents a The rules of 26 CFR 601.601(a)(3) ACTION: Proposed rule; public comment fixed percentage of, or reflects a fixed apply to the hearing. Persons who wish period and opportunity for public adjustment to, the amount of generally hearing on proposed amendment. to present oral comments at the hearing applicable taxes that otherwise would must submit written or electronic apply to the property in each year if the SUMMARY: We (OSM) are announcing comments and an outline of the topics property were subject to tax. For receipt of a proposed amendment to the to be discussed and the amount of time example, a payment is commensurate Ohio regulatory program (the ‘‘Ohio to be devoted to each topic (signed with generally applicable taxes if it is program’’) under the Surface Mining original and eight (8) copies) by January equal to the amount of generally Control and Reclamation Act of 1977 16, 2007. A period of 10 minutes will applicable taxes in each year, less a (SMCRA or the Act). The proposed be allotted to each person for making fixed dollar amount or a fixed amendment consists of a request from comments. An agenda showing the adjustment determined by reference to Ohio to withdraw portions of a prior scheduling of the speakers will be characteristics of the property, such as amendment to the Ohio program that prepared after the deadline for receiving size or employment. A payment does OSM approved. The prior amendment outlines has passed. Copies of the not fail to be a fixed percentage or pertained to clarification of certain agenda will be available free of charge adjustment as a result of a single change Conflict of Interest provisions. Although at the hearing. in the level of the percentage or OSM approved the amendment in 1995, adjustment following completion of Ohio has not promulgated the approved Drafting Information development of the subject property. regulations through their rule-making The principal authors of these The payment must be based on the process and has now decided the regulations are Rebecca L. Harrigal, current assessed value of the property approved changes are not necessary. Vicky Tsilas, and Carla Young, Office of for property tax purposes for each year This document gives the times and Division Counsel/Associate Chief in which the PILOTs are paid and that locations that the Ohio program and Counsel (Tax Exempt and Government assessed value must be determined in proposed amendment to that program Entities), IRS. However, other personnel the same manner and with the same are available for your inspection, the from the IRS and the Treasury frequency as property subject to comment period during which you may generally applicable taxes. A payment is submit written comments on the Department participated in their not commensurate if it is based in any amendment, and the procedures that we development. way on debt service on an issue or is will follow for the public hearing, if one List of Subjects in 26 CFR Part 1 otherwise set at a fixed dollar amount is requested. that cannot vary with the assessed value DATES: We will accept written Income taxes, Reporting and of the property determined in the comments on this amendment until 4 recordkeeping requirements. manner described in this paragraph p.m., (local time), November 20, 2006. If Proposed Amendments to the (e)(5)(ii). requested, we will hold a public hearing Regulations * * * * * on the amendment on November 13, Par. 3. Section 1.141–15 is amended 2006. We will accept requests to speak Accordingly, 26 CFR part 1 is by adding paragraph (m) to read as at a hearing until 4 p.m., local time, on proposed to be amended as follows: follows: November 3, 2006.

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ADDRESSES: You may submit comments, includes, among other things, ‘‘a State 25660, respectively). The Conflict of identified by OH–251–FOR, by any of law which provides for the regulation of Interest provisions that we approved on the following methods: surface coal mining and reclamation July 17, 1995, and that Ohio proposes be • E-mail: [email protected]. Include operations in accordance with the removed from the approved Ohio OH–251–FOR in the subject line of the requirements of the Act * * * and rules program, are identified below. message; and regulations consistent with • Mail/Hand Delivery: Mr. George regulations issued by the Secretary Financial Interest Statements (OAC Rieger, Chief, Pittsburgh Field Division, pursuant to the Act.’’ See 30 U.S.C. [Ohio Administrative Code] Section Office of Surface Mining Reclamation 1253(a)(1) and (7). On the basis of these 1501:13–1–03) and Enforcement, 3 Parkway Center, criteria, the Secretary of the Interior 1. Definition of ‘‘Employee’’ Pittsburgh, Pennsylvania 15220; or conditionally approved the Ohio Ohio proposed to revise paragraph • Federal eRulemaking Portal: http:// program on August 16, 1982. You can (D)(2) to provide that members of the www.regulations.gov. Follow the find background information on the Ohio Board on Unreclaimed Strip instructions for submitting comments. Ohio program, including the Secretary’s Mined Lands are included under the Instructions: All submissions received findings, the disposition of comments, definition of ‘‘employee.’’ Ohio also must include the agency docket number and conditions of approval of the Ohio proposed to revise this paragraph to for this rulemaking. For detailed program in the August 16, 1982, Federal provide that, for the purposes of OAC instructions on submitting comments Register (47 FR 34687). You can also Section 1501:13–1–03, hearing officers and additional information on the find later actions concerning Ohio’s for the Ohio Reclamation Board of rulemaking process, see the ‘‘Public program and program amendments at 30 Review shall also be included within Comment Procedures’’ heading in the CFR 935.11, 935.15, and 935.16. the definition of ‘‘employee.’’ Ohio also SUPPLEMENTARY INFORMATION section of II. Description of the Proposed proposed to revise paragraphs (L)(1) and this document. You may also request to Amendment (2) to delete separate references to the speak at a public hearing by any of the Reclamation Board of Review’s hearing methods listed above or by contacting By letter dated August 30, 2006, Ohio officers because those hearing officers the individual listed under FOR FURTHER sent us a proposed amendment to its are to be included under the definition INFORMATION CONTACT. program (Administrative Record of ‘‘employee’’ in this rule. In our July Docket: You may review copies of the Number OH–2187–00) under SMCRA 17, 1995, approval of these revisions, Ohio program, this amendment, a listing (30 U.S.C. 1201 et seq.). In its letter, OSM stated that ‘‘the inclusion of these of any scheduled public hearings, and Ohio stated that it has reviewed persons under the State definition of all written comments received in revisions previously proposed by Ohio ‘‘employee’’ is appropriate and no less response to this document at the in Program Amendment #69. Ohio effective than the corresponding Federal addresses listed below during normal stated that those components of program definition.’’ business hours, Monday through Friday, amendment #69 related to Conflict of excluding holidays. You may also Interest are no longer necessary, and it 2. Use of Financial Interest Statement receive one free copy of this amendment would like to withdraw those program Form by Members of the Ohio by contacting OSM’s Pittsburgh Field provisions from consideration at this Reclamation Board of Review Division listed below. time. OSM approved the provisions proposed in program amendment #69 Ohio proposed to revise paragraph Mr. George Rieger, Chief, Pittsburgh (including the subsequent revisions) in (I)(1) to require that employees and Field Division, Office of Surface the Federal Register on July 17, 1995 members of the Ohio Reclamation Board Mining Reclamation and (60 FR 36352). However, Ohio did not of Review report all required Enforcement, 3 Parkway Center, promulgate the approved draft information concerning employment Pittsburgh, Pennsylvania 15220. regulations in final form. and financial interests on Form OSM– Telephone: (412) 937–2153. E-mail: Because we have already published 23. In our July 17, 1995, approval of [email protected]. our approval of the Conflict of Interest these revisions, OSM stated that ‘‘*** Mr. Michael Sponsler, Chief, Division of provisions that Ohio has requested be Ohio’s requirement that its employees Mineral Resources Management, Ohio withdrawn from consideration, we are and members of the Ohio Reclamation Department of Natural Resources, unable to merely withdraw those Board of Review file employment and 1855 Fountain Square Court-Bldg. H– provisions. Rather, we are seeking financial interest statements using OSM 2, Columbus, Ohio 43224. Telephone: public comment on whether the Form 23 is no less effective than the (614) 265–6633. removal of the provisions identified corresponding Federal regulations at 30 FOR FURTHER INFORMATION CONTACT: Mr. below will render the approved Ohio CFR 705.10 and 705.11.’’ George Rieger, Chief, Pittsburgh Field program less effective than SMCRA and 3. Acceptance of Gifts and Gratuities by Division, Telephone: (412) 937–2153. E- the Federal regulations. mail: [email protected]. Ohio program amendment #69 was Members of the Ohio Reclamation Board of Review SUPPLEMENTARY INFORMATION: originally submitted by Ohio by letter dated September 22, 1994 Ohio proposed to revise paragraph I. Background on the Ohio Program II. Description of the Proposed Amendment (Administrative Record Number OH– (J)(1) to prohibit, with certain III. Public Comment Procedures 2059). Revisions to amendment #69 exceptions, the solicitation or IV. Procedural Determinations were subsequently submitted by letters acceptance of gifts and gratuities by dated March 8, 1995, and May 3, 1995 members of the Ohio Reclamation Board I. Background on the Ohio Program (Administrative Record Numbers OH– of Review from coal companies which Section 503(a) of the Act permits a 2099 and OH–2115, respectively). We are conducting or seeking to conduct State to assume primacy for the announced receipt of the proposed regulated activities or which have an regulation of surface coal mining and amendments, and the two revisions, in interest that may be substantially reclamation operations on non-Federal the October 21, 1994; March 17, 1995; affected by the performance of the Board and non-Indian lands within its borders and May 12, 1995; Federal Register (59 members’ official duty. In our July 17, by demonstrating that its program FR 53122, 60 FR 14401, and 60 FR 1995, approval of these revisions, OSM

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stated that ‘‘* * * the State requirement rule if they are received after the close public hearing, contact the person listed regarding members of the Ohio of the comment period (see DATES). We under FOR FURTHER INFORMATION Reclamation Board of Review is not will make every attempt to log all CONTACT. inconsistent with the Federal comments into the administrative Public Meeting regulations at 30 CFR 705.18 or with the record, but comments delivered to an revisions which Ohio is making address other than the Appalachian If only one person requests an elsewhere in this rule.’’ Region office identified above may not opportunity to speak, we may hold a be logged in. public meeting rather than a public 4. Appeal of Remedial Actions hearing. If you wish to meet with us to Ohio proposed to revise paragraph Electronic Comments discuss the amendment, please request (L)(1) to specify that nothing in OAC Please submit Internet comments as a meeting by contacting the person Section 1501:13–1–03 modifies any an ASCII file avoiding the use of special listed under FOR FURTHER INFORMATION right of appeal that any employee may characters and any form of encryption. CONTACT. All such meetings are open to have under State law of a decision by Please also include ‘‘Attn: SATS No. the public and, if possible, we will post the Chief of the Division of Natural OH–251–FOR,’’ your name and return notices of meetings at the locations Resources, on an employee’s appeal of address in your Internet message. If you listed under ADDRESSES. We will make remedial action for prohibited financial do not receive a confirmation that we a written summary of each meeting a interests. In our July 17, 1995, approval have received your Internet message, part of the administrative record. contact the Appalachian Region office at of this revision, OSM stated that ‘‘*** IV. Procedural Determinations this provision is not inconsistent with (412) 937–2153. Executive Order 12630—Takings the Federal rule at 30 CFR 705.21(a) Availability of Comments which allows employees to file an This rule does not have takings We will make comments, including appeal through established procedures implications. This determination is within their State.’’ names and addresses of respondents, based on the analysis performed for the Ohio also proposed to revise available for public review during counterpart Federal regulations. paragraph (L)(2) to provide that only the normal business hours. We will not Chief of the Division of Reclamation consider anonymous comments. If Executive Order 12866—Regulatory may appeal a remedial action to the individual respondents request Planning and Review Director of OSM. In our July 17, 1995, confidentiality, we will honor their This rule is exempted from review by approval of this revision, OSM stated request to the extent allowable by law. the Office of Management and Budget that ‘‘Ohio’s proposed paragraph (L)(2) Individual respondents who wish to (OMB) under Executive Order 12866. is not less effective than 30 CFR withhold their name or address from Executive Order 12988—Civil Justice 705.21(b).’’ public review, except for the city or Ohio also added paragraph (L)(3) to town, must state this prominently at the Reform provide that members of the Ohio beginning of their comments. We will The Department of the Interior has Reclamation Board of Review may make all submissions from conducted the reviews required by request advisory opinions from the organizations or businesses, and from section 3 of Executive Order 12988 and Director of OSM on issues pertaining to individuals identifying themselves as has determined that, to the extent an apparent prohibited financial representatives or officials of allowable by law, this rule meets the interest. However, resolution of organizations or businesses, available applicable standards of subsections (a) conflicts is governed by section 1513.05 for public review in their entirety. and (b) of that section. However, these standards are not applicable to the and 1513.29 of the Ohio Revised Code. Public Hearing In our July 17, 1995, approval of this actual language of State regulatory new language, OSM stated that ‘‘*** If you wish to speak at the public programs and program amendments the appeal provision proposed in hearing, contact the person listed under since each such program is drafted and paragraph (L)(3) is not inconsistent with FOR FURTHER INFORMATION CONTACT by 4 promulgated by a specific State, not by the Federal regulations at 30 CFR 705.21 p.m., local time, on November 3, 2006. OSM. Under sections 503 and 505 of or with the revisions which Ohio is We will arrange the location and time SMCRA (30 U.S.C. 1253 and 1255) and making elsewhere in this rule.’’ of the hearing with those persons the Federal regulations at 30 CFR requesting the hearing. If no one 730.11, 732.15, and 732.17(h)(10), III. Public Comment Procedures requests an opportunity to speak, we decisions on proposed State regulatory Under the provisions of 30 CFR will not hold the hearing. To assist the programs and program amendments 732.17(h), we are seeking your transcriber and ensure an accurate submitted by the States must be based comments on whether the amendment record, we request, if possible, that each solely on a determination of whether the satisfies the applicable program person who speaks at a public hearing submittal is consistent with SMCRA and approval criteria of 30 CFR 732.15. If we provide us with a written copy of his or its implementing Federal regulations approve the removal of these her comments. The public hearing will and whether the other requirements of amendments, they will no longer be part continue on the specified date until 30 CFR parts 730, 731, and 732 have of the approved Ohio program. everyone scheduled to speak has been been met. given an opportunity to be heard. If you Written Comments are in the audience and have not been Executive Order 13132—Federalism Send your written comments to OSM scheduled to speak and wish to do so, This rule does not have Federalism at the address given above. Your written you will be allowed to speak after those implications. SMCRA delineates the comments should be specific, pertain who have been scheduled. We will end roles of the Federal and State only to the issues proposed in this the hearing after everyone scheduled to governments with regard to the rulemaking, and include explanations in speak and others present in the regulation of surface coal mining and support of your recommendations. We audience who wish to speak, have been reclamation operations. One of the will not consider or respond to your heard. If you are disabled and need a purposes of SMCRA is to ‘‘establish a comments when developing the final special accommodation to attend a nationwide program to protect society

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and the environment from the adverse Regulatory Flexibility Act DEPARTMENT OF HOMELAND effects of surface coal mining SECURITY operations.’’ Section 503(a)(1) of The Department of the Interior has SMCRA requires that State laws determined that this rule will not have Coast Guard regulating surface coal mining and a significant economic impact on a reclamation operations be ‘‘in substantial number of small entities 33 CFR Part 117 under the Regulatory Flexibility Act (5 accordance with’’ the requirements of [CGD01–06–122] SMCRA. Section 503(a)(7) requires that U.S.C. 601 et seq.). The State submittal State programs contain rules and that is the subject of this rule is based RIN 1625–AA09 regulations ‘‘consistent with’’ upon counterpart Federal regulations for regulations issued by the Secretary which an economic analysis was Drawbridge Operation Regulations; pursuant to SMCRA. prepared and certification made that Thames River, New London, CT such regulations would not have a Executive Order 13175—Consultation AGENCY: Coast Guard, DHS. significant economic effect upon a and Coordination With Indian Tribal substantial number of small entities. ACTION: Notice of proposed rulemaking. Governments Accordingly, this rule will ensure that SUMMARY: The Coast Guard proposes to In accordance with Executive Order existing requirements previously temporarily change the drawbridge 13175, we have evaluated the potential promulgated by OSM will be operating regulations governing the effects of this rule on Federally- implemented by the State. In making the operation of the Amtrak Bridge across recognized Indian tribes and have determination as to whether this rule the Thames River, mile 0.8, at New determined that the rule does not have would have a significant economic London, Connecticut. This notice of substantial direct effects on one or more impact, the Department relied upon the proposed rulemaking (NPRM) would Indian tribes, on the relationship data and assumptions for the allow the bridge owner to open the between the Federal Government and counterpart Federal regulations. bridge on a temporary opening schedule Indian tribes, or on the distribution of from November 15, 2006 through May power and responsibilities between the Small Business Regulatory Enforcement 15, 2007. This proposed rule is Federal Government and Indian Tribes. Fairness Act necessary to facilitate bridge pier The basis for this determination is that repairs. our decision is on a State regulatory This rule is not a major rule under 5 program and does not involve a Federal U.S.C. 804(2), the Small Business DATES: Comments must reach the Coast program involving Indian lands. Regulatory Enforcement Fairness Act. Guard on or before November 1, 2006. This rule: (a) Does not have an annual ADDRESSES: You may mail comments to Executive Order 13211—Regulations effect on the economy of $100 million; Commander (dpb), First Coast Guard That Significantly Affect the Supply, (b) Will not cause a major increase in Distribution, or Use of Energy District Bridge Branch, One South costs or prices for consumers, Street, Battery Park Building, New York, On May 18, 2001, the President issued individual industries, geographic New York 10004, or deliver them to the Executive Order 13211 which requires regions, or Federal, State or local same address between 7 a.m. and 3 agencies to prepare a Statement of governmental agencies; and (c) Does not p.m., Monday through Friday, except Energy Effects for a rule that is (1) have significant adverse effects on Federal holidays. The telephone number considered significant under Executive competition, employment, investment, is (212) 668–7165. The First Coast Order 12866, and (2) likely to have a productivity, innovation, or the ability Guard District, Bridge Branch, significant adverse effect on the supply, of U.S.-based enterprises to compete maintains the public docket for this distribution, or use of energy. Because with foreign-based enterprises. This rulemaking. Comments and material this rule is exempt from review under determination is based upon the fact received from the public, as well as Executive Order 12866 and is not that the State submittal, which is the documents indicated in this preamble as expected to have a significant adverse subject of this rule, is based upon being available in the docket, will effect on the supply, distribution, or use counterpart Federal regulations for become part of this docket and will be of energy, a Statement of Energy Effects which an analysis was prepared and a available for inspection or copying at is not required. determination made that the Federal the First Coast Guard District, Bridge regulation was not considered a major National Environmental Policy Act Branch, 7 a.m. to 3 p.m., Monday rule. through Friday, except Federal holidays. Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a decision on a Unfunded Mandates FOR FURTHER INFORMATION CONTACT: Ms. proposed State regulatory program Judy Leung-Yee, Project Officer, First This rule will not impose a cost of provision does not constitute a major Coast Guard District, (212) 668–7195. $100 million or more in any given year Federal action within the meaning of SUPPLEMENTARY INFORMATION: on any governmental entity or the section 102(2)(C) of the National Regulatory Information Environmental Policy Act (42 U.S.C. private sector. 4332(2)(C)). A determination has been List of Subjects in 30 CFR Part 935 Under 5 U.S.C. 553(b)(B), the Coast made that such decisions are Guard finds that good cause exists for categorically excluded from the NEPA Intergovernmental relations, Surface publishing an NPRM with a shortened process (516 DM 8.4.A). mining, Underground mining. comment period of 15 days, and under 5 U.S.C. 553(d)(3), the Coast Guard finds Dated: September 29, 2006. Paperwork Reduction Act that good cause exists for making this This rule does not contain Michael K. Robinson, rule effective less than 30 days after information collection requirements that Acting Regional Director, Appalachian publication in the Federal Register. Due require approval by OMB under the Region. to the urgency of the repairs, it is Paperwork Reduction Act (44 U.S.C. [FR Doc. E6–17369 Filed 10–18–06; 8:45 am] essential that this rule becomes effective 3507 et seq.). BILLING CODE 4310–05–P on November 15, 2006.

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The owner of the bridge, National and place announced by a later notice Regulatory Evaluation Railroad Passenger Corporation in the Federal Register. This proposed rule is not a (Amtrak), requested a temporary final Background and Purpose ‘‘significant regulatory action’’ under rule to facilitate un-scheduled structural The Amtrak Bridge across the Thames section 3(f) of Executive Order 12866, bridge repairs. Regulatory Planning and Review, and On June 29, 2006, the bridge owner River, mile 3.0, at New London, Connecticut, has a vertical clearance of does not require an assessment of discovered that one of the main bridge potential costs and benefits under piers had shifted as a result of pile 30 feet at mean high water and 33 feet at mean low water in the closed 6(a)(3) of that Order. The Office of driving for the new adjacent Amtrak Management and Budget has not Bridge. In order to perform corrective position. The existing operating regulations are listed at 33 CFR 117.224. reviewed it under that Order. repairs, minimize structural We expect the economic impact of impingement, and continue to provide The owner of the bridge, Amtrak, requested a temporary change to the this proposed rule to be so minimal that for rail traffic, the bridge must remain in a full Regulatory Evaluation is the closed position, except during drawbridge operation regulations to facilitate repairs to one of the main unnecessary. This conclusion is based specific time periods during which the on the fact that the vessel traffic that bridge will remain in the full open bridge piers. On June 29, 2006, the bridge owner normally transits this bridge should position for the passage of vessel traffic. only be minimally affected as they will The Coast Guard published a discovered that one of the main bridge piers had shifted as a result of pile still be able to transit the bridge under temporary deviation in the Federal the temporary opening schedule. Register on July 24, 2006 [71 FR 41730], driving for the new adjacent Amtrak to allow immediate repairs to the bridge Bridge. Small Entities In order to perform corrective repairs, to commence. minimize structural impingement, and Under the Regulatory Flexibility Act On September 6, 2006, Amtrak continue to provide for rail traffic, the (5 U.S.C. 601–612), we considered contacted the Coast Guard and bridge must remain in the closed whether this proposed rule would have requested a temporary regulation position except during specific time a significant economic impact on a effective from November 15, 2006 periods during which the bridge will substantial number of small entities. through May 15, 2007, to facilitate the remain in the full open position for the The term ‘‘small entities’’ comprises completion of the bridge repairs. passage of vessel traffic. small businesses, not-for-profit The Coast Guard believes this organizations that are independently shortened comment period and effective Discussion of Proposed Rule owned and operated and are not date is reasonable because the bridge This proposed change would allow dominant in their fields, and repairs facilitated by this temporary rule the Amtrak Bridge to operate on governmental jurisdictions with are vital and necessary, thus, they must temporary schedule from November 15, populations of less than 50,000. be performed with all due speed in 2006 through May 15, 2007, to facilitate The Coast Guard certifies under order to assure the continued safe and the completion of repairs to one of the section 5 U.S.C. 605(b), that this reliable operation of the bridge. main bridge piers damaged by nearby proposed rule would not have a significant economic impact on a Request for Comments pile driving. Under this notice of proposed substantial number of small entities. We encourage you to participate in rulemaking, from November 15, 2006 This notice of proposed rulemaking this rulemaking by submitting through May 15, 2007, the Amtrak would not have a significant economic comments or related material. If you do Bridge across the Thames River, mile impact on a substantial number of small so, please include your name and 3.0, at New London, Connecticut, shall entities for the following reason: The address, identify the docket number for remain in the full open position for the Thames River is navigated this rulemaking (CGD01–06–122), passage of vessel traffic as follows: predominantly by recreational vessels indicate the specific section of this Monday through Friday: 5 a.m. to 5:40 and U.S. Navy vessels. document to which each comment a.m.; 11:20 a.m. to 11:55 a.m.; 3:35 p.m. The temporary opening schedule applies, and give the reason for each to 4:15 p.m.; and 8:30 p.m. to 8:55 p.m. should not preclude recreational vessel comment. Please submit all comments Saturday: 8:30 a.m. to 9:10 a.m.; 12:35 traffic from transiting the bridge because and related material in an unbound p.m. to 1:05 p.m.; 3:40 p.m. to 4:10 p.m.; the recreational vessels that normally format, no larger than 81⁄2 by 11 inches, 5:35 p.m. to 6:05 p.m.; and 7:35 p.m. to use this waterway will be in winter suitable for copying. If you would like 8:40 p.m. storage for most of the time period this to know if they reached us, please Sunday: 8:30 a.m. to 9:20 a.m.; 11:35 rule is in effect and the U.S. Navy enclose a stamped, self-addressed a.m. to 12:15 p.m.; 1:30 p.m. to 1:55 submarines and associated vessels will postcard or envelope. We will consider p.m.; 6:30 p.m. to 7:10 p.m.; and 8:30 be provided bridge openings on demand all comments and material received p.m. to 9:15 p.m. at any time. during the comment period. We may The bridge shall open on signal at any If you think that your business, change this proposed rule in view of time for the passage of U.S. Navy organization, or governmental them. submarines and escort vessels. At all jurisdiction qualifies as a small entity other times the draw shall remain in the Public Meeting and that this rule would have a closed position. Vessels that can pass significant economic impact on it, We do not now plan to hold a public under the draw without a bridge please submit a comment (see meeting. But you may submit a request opening may do so at all times. ADDRESSES) explaining why you think it for a meeting by writing to the First The Coast Guard believes this qualifies and how and to what degree Coast Guard District, Bridge Branch, at proposed rule is reasonable because the this rule would economically affect it. the address under ADDRESSES explaining required repair work is vital and why one would be beneficial. If we necessary in order to ensure the safe and Assistance for Small Entities determine that one would aid this continued reliable operation of the Under section 213(a) of the Small rulemaking, we will hold one at a time bridge. Business Regulatory Enforcement

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Fairness Act of 1996 (Pub. L. 104–121), Protection of Children Environment we want to assist small entities in We have analyzed this proposed rule We have analyzed this proposed rule understanding this proposed rule so that under Commandant Instruction they can better evaluate its effects on under Executive Order 13045, Protection of Children from M16475.1D and Department of them and participate in the rulemaking. Homeland Security Management If the rule would affect your small Environmental Health Risks and Safety Risks. This rule is not an economically Directive 5100.1, which guide the Coast business, organization, or governmental Guard in complying with the National jurisdiction and you have questions significant rule and would not create an environmental risk to health or risk to Environmental Policy Act of 1969 concerning its provisions or options for (NEPA) (42 U.S.C. 4321–4370f), and safety that may disproportionately affect compliance, please contact us in writing have made a preliminary determination children. at, Commander (dpb), First Coast Guard that there are no factors in this case that District, Bridge Branch, One South Indian Tribal Governments would limit the use of a categorical Street, New York, NY 10004. The exclusion under section 2.B.2 of the telephone number is (212) 668–7165. This rule does not have tribal Instruction. Therefore, we believe that The Coast Guard will not retaliate implications under Executive Order this rule should be categorically against small entities that question or 13175, Consultation and Coordination excluded, under figure 2–1, paragraph complain about this rule or any policy with Indian Tribal Governments, (32)(e), of the Instruction, from further or action of the Coast Guard. because it would not have a substantial environment documentation because Collection of Information direct effect on one or more Indian this action relates to the promulgation of tribes, on the relationship between the operating regulations or procedures for This proposed rule would call for no Federal Government and Indian tribes, drawbridges. Under figure 2–1, new collection of information under the or on the distribution of power and paragraph (32)(e) of the Instruction, an Paperwork Reduction Act of 1995 (44 responsibilities between the Federal ‘‘Environmental Analysis Checklist’’ is U.S.C. 3501–3520.). Government and Indian tribes. not required for this rule. Comments on Federalism Energy Effects this section will be considered before we make the final decision on whether A rule has implications for federalism We have analyzed this rule under to categorically exclude this rule from under Executive Order 13132, Executive Order 13211, Actions further environmental review. Federalism, if it has a substantial direct Concerning Regulations That List of Subjects in 33 CFR Part 117 effect on State or local governments and Significantly Affect Energy Supply, would either preempt State law or Distribution, or Use. We have Bridges. impose a substantial direct cost of determined that it is not a ‘‘significant For the reasons set out in the compliance on them. We have analyzed energy action’’ under that order because preamble, the Coast Guard proposes to this proposed rule under that Order and it is not a ‘‘significant regulatory action’’ amend 33 CFR part 117 as follows: have determined that it does not have under Executive Order 12866 and is not PART 117—DRAWBRIDGE implications for federalism. likely to have a significant adverse effect OPERATION REGULATIONS Unfunded Mandates Reform Act on the supply, distribution, or use of energy. The Administrator of the Office 1. The authority citation for part 117 The Unfunded Mandates Reform Act of Information and Regulatory Affairs continues to read as follows: of 1995 (2 U.S.C. 1531–1538) requires has not designated it as a significant Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); Federal agencies to assess the effects of energy action. Therefore, it does not Department of Homeland Security Delegation their discretionary regulatory actions. In require a Statement of Energy Effects No. 0170.1; section 117.255 also issued under particular, the Act addresses actions under Executive Order 13211. the authority of Pub. L. 102–587, 106 Stat. 5039. that may result in the expenditure by a Technical Standards State, local, or tribal government, in the 2. From November 15, 2006 through aggregate, or by the private sector of The National Technology Transfer May 15, 2006, § 117.224 is amended by $100,000,000 or more in any one year. and Advancement Act (NTTAA) (15 suspending paragraphs (a) and (b) and Though this proposed rule would not U.S.C. 272 note) directs agencies to use adding a temporary paragraph (c) to result in such an expenditure, we do voluntary consensus standards in their read as follows: discuss the effects of this rule elsewhere regulatory activities unless the agency § 117.224 Thames River. in this preamble. provides Congress, through the Office of * * * * * Taking of Private Property Management and Budget, with an (c)(1) The draw shall remain in the explanation of why using these full open position for the passage of This proposed rule would not affect a standards would be inconsistent with vessel traffic as follows: Monday taking of private property or otherwise applicable law or otherwise impractical. through Friday from 5 a.m. to 5:40 a.m.; have taking implications under E.O. Voluntary consensus standards are 11:20 a.m. to 11:55 a.m.; 3:35 p.m. to 12630, Governmental Actions and technical standards (e.g., specifications 4:15 p.m.; and 8:30 p.m. to 8:55 p.m. Interference with Constitutionally of materials, performance, design, or Saturday from 8:30 a.m. to 9:10 a.m.; Protected Property Rights. operation; test methods; sampling 12:35 p.m. to 1:05 p.m.; 3:40 p.m. to procedures; and related management Civil Justice Reform 4:10 p.m.; 5:35 p.m. to 6:05 p.m.; and systems practices) that are developed or 7:35 p.m. to 8:40 p.m. Sunday from 8:30 This proposed rule meets applicable adopted by voluntary consensus a.m. to 9:20 a.m.; 11:35 a.m. to 12:15 standards in sections 3(a) and 3(b)(2) of standards bodies. p.m.; 1:30 p.m. to 1:55 p.m.; 6:30 p.m. Executive Order 12988, Civil Justice This proposed rule does not use to 7:10 p.m.; and 8:30 p.m. to 9:15 p.m. Reform, to minimize litigation, technical standards. Therefore, we did (2) The draw shall open on signal at eliminate ambiguity, and reduce not consider the use of voluntary all times for the passage of U.S. Navy burden. consensus standards. submarines, Navy escort vessels and

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commercial vessels. At all other times • http://www.regulations.gov: Follow EPA may not be able to consider your the draw need not open for the passage the on-line instructions for submitting comment. Electronic files should avoid of vessel traffic. comments. the use of special characters, any form • Dated: October 13, 2006. E-mail: [email protected], of encryption, and be free of any defects Attention Docket ID No. EPA–HQ– Timothy S. Sullivan, or viruses. For additional information OAR–2002–0086. about EPA’s public docket visit the EPA Rear Admiral, U.S. Coast Guard Commander, • Mail: U.S. Postal Service, send First Coast Guard District. Docket Center homepage at http:// comments to: EPA Docket Center www.epa.gov/epahome/dockets.htm. [FR Doc. 06–8814 Filed 10–17–06; 2:34 pm] (6102T), Attention Docket ID No. EPA7– Docket. All documents in the docket BILLING CODE 4910–15–P HQ–OAR–2002–0086, 1200 are listed in the www.regulations.gov Pennsylvania Avenue, NW., index. Although listed in the index, Washington, DC 20460. Please include a some information is not publicly total of two copies. ENVIRONMENTAL PROTECTION • Hand Delivery: In person or by available, e.g., CBI or other information AGENCY courier, deliver comments to: EPA whose disclosure is restricted by statute. Certain other material, such as 40 CFR Part 63 Docket Center (6102T), Attention Docket ID No. EPA–HQ–OAR–2002–0086, 1301 copyrighted material, will be publicly Constitution Avenue, NW., Room B– available only in hard copy. Publicly [EPA–HQ–OAR–2002–0086, FRL–8231–8] 108, Washington, DC 20004. Such available docket materials are available deliveries are only accepted during the either electronically in http:// RIN 2060–AN80 Docket’s normal hours of operation, and www.regulations.gov or in hard copy at the EPA Docket Center, Docket ID No. National Emission Standards for special arrangements should be made for deliveries of boxed information. EPA–HQ–OAR–2002–0086, EPA West Hazardous Air Pollutants for Building, Room B–102, 1301 Semiconductor Manufacturing Please include a total of two copies. Instructions. Direct your comments to Constitution Ave., NW., Washington, AGENCY: Environmental Protection Docket ID No. EPA–HQ–OAR–2002– DC. The EPA Docket Center Public Agency (EPA). 0086. EPA’s policy is that all comments Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, ACTION: Proposed rule. received will be included in the public docket without change and may be excluding legal holidays. The telephone SUMMARY: EPA is proposing made available online at http:// number for the Public Reading Room is amendments to the national emission www.regulations.gov, including any (202) 566–1744, and the telephone standards for hazardous air pollutants personal information provided, unless number for the EPA Docket Center is (NESHAP) for Semiconductor the comment includes information (202) 566–1742. A reasonable fee may Manufacturing, published on May 22, claimed to be confidential business be charged for copying docket materials. 2003. We are proposing amendments to information (CBI) or other information Note: The EPA Docket Center suffered the final rule to clarify the emission whose disclosure is restricted by statute. damage due to flooding during the last week requirements for process vents by Do not submit information that you of June 2006. The Docket Center is establishing a new maximum achievable consider to be CBI or otherwise continuing to operate. However, during the control technology (MACT) floor level protected through www.regulations.gov cleanup, there will be temporary changes to of control for combined hazardous air or e-mail. Send or deliver information Docket Center telephone numbers, addresses, pollutants (HAP) process vent streams identified as CBI to only the following and hours of operation for people who wish containing inorganic and organic HAP address: Mr. Roberto Morales, OAQPS to visit the Public Reading Room to view documents. Consult EPA’s Federal Register and adding new source requirements for Document Control Officer, EPA (C404– 02), Attention Docket ID No. EPA–HQ– notice at 71 FR 38147 (July 5, 2006) or the combined HAP process vents. EPA Web site at http://www.epa.gov/ Requirements for existing combined OAR–2002–0086, Research Triangle epahome/dockets.htm for current HAP process vents would be no control, Park, NC 27711. Clearly mark the part information on docket status, locations, and which is the MACT floor. The new or all of the information that you claim telephone numbers. source combined HAP process vent to be CBI. The www.regulations.gov Web limit would be the same level of control site is an ‘‘anonymous access’’ system, FOR FURTHER INFORMATION CONTACT: Mr. as is currently required for new which means EPA will not know your John Schaefer, EPA, Office of Air inorganic and organic HAP process identity or contact information unless Quality Planning and Standards, Sector vents. you provide it in the body of your Policies and Programs Division, comment. If you send an e-mail Measurement Policy Group (D–243–05), DATES: Comments must be received on comment directly to EPA without going Research Triangle Park, NC 27711; or before December 4, 2006. through www.regulations.gov, your e- telephone number (919) 541–0296; fax Public Hearing. If anyone contacts mail address will be automatically number (919) 541–1039; e-mail address EPA by November 8, 2006 requesting to captured and included as part of the [email protected]. speak at a public hearing, EPA will hold comment that is placed in the public a public hearing on November 20, 2006. docket and made available on the SUPPLEMENTARY INFORMATION: If you are interested in attending the Internet. If you submit an electronic Regulated Entities. Entities potentially public hearing, contact Lala Alston at comment, EPA recommends that you affected by the direct final amendments (919) 541–5545 to verify that a hearing include your name and other contact to the national emission standards for will be held. information in the body of your hazardous air pollutants for ADDRESSES: Comments. Submit your comment and with any disk or CD–ROM semiconductor manufacturing are those comments, identified by Docket ID No. you submit. If EPA cannot read your semiconductor manufacturing facilities. EPA–HQ–OAR–2002–0086, by one of comment due to technical difficulties Regulated categories and entities the following methods: and cannot contact you for clarification, include:

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TABLE 1.—REGULATED ENTITIES TABLE

Category NAICS 1 Examples of regulated entities

Industry ...... 334413 Semiconductor crystal growing facilities, semiconductor wafer fabrication facilities, semiconductor test and assembly facilities. 1 North American Industry Classification System.

This table is not intended to be above in the ADDRESSES section. In organic and inorganic HAP process exhaustive, but rather provides a guide addition, information may be obtained vents, and we are proposing to revise for readers regarding entities likely to be from the Webpage for the proposed the standards to reflect the actual regulated by this action. This table lists rulemaking at: http://www.epa.gov/ttn/ existing source MACT floor for these the types of entities that may potentially atw/pcem/pcempg.html. process vents. be affected by this action. To determine Outline. The information presented in II. Summary of the Proposed whether your facility is regulated by this this preamble is organized as follows: Amendments action, you should carefully examine I. Background the applicability criteria in 40 CFR II. Summary of the Proposed Amendments The proposed revisions would 63.7181 of the rule. If you have III. Rationale for the Proposed Amendments establish separate process vent questions regarding the applicability of IV. Impacts of the Proposed Amendments definitions for organic HAP, inorganic the direct final amendments to a V. Statutory and Executive Order Reviews HAP, and combined HAP process vents. particular entity, consult the person A. Executive Order 12866: Regulatory We have not changed the MACT floors listed in the preceding FOR FURTHER Planning and Review calculated in the final rule for inorganic B. Paperwork Reduction Act INFORMATION CONTACT section. or organic HAP. We have simply added C. Regulatory Flexibility Act new definitions to clarify the Submitting CBI. Do not submit this D. Unfunded Mandates Reform Act information through E. Executive Order 13132: Federalism applicability of the rule to inorganic, www.regulations.gov or e-mail. Send or F. Executive Order 13175: Consultation organic, and combined HAP process deliver information identified as CBI and Coordination With Indian Tribal vents. Therefore, inorganic HAP process only to the following address listed in Governments vents will retain the control the ADDRESSES section of this document. G. Executive Order 13045: Protection of requirements set for process vents Clearly mark the part or all the Children From Environmental Health containing inorganic HAP in the and Safety Risks information you claim to be CBI. For promulgated rule. This means that H. Executive Order 13211: Actions existing and new source requirements CBI information submitted on a disk or Concerning Regulations That CD–ROM that you mail to EPA, mark Significantly Affect Energy Supply, for these vents would effectively remain the outside of the disk or CD–ROM as Distribution, or Use the same. Similarly, organic process CBI and then identify electronically I. National Technology Transfer vents will retain the control within the disk or CD–ROM the specific Advancement Act requirements set for process vents containing organic HAP in the information that is claimed as CBI. In I. Background addition to one complete version of the promulgated rule and control comment that includes information On May 22, 2003 (68 FR 27913), we requirements for these vents will remain claimed as CBI, a copy of the comment issued the NESHAP for Semiconductor unchanged. that does not contain the information Manufacturing (40 CFR part 63, subpart However, we have developed a new claimed as CBI must be submitted for BBBBB). The NESHAP implement MACT floor for combined HAP process inclusion in the public docket. section 112(d) of the Clean Air Act vents. The MACT floor for these vents Information so marked will not be (CAA) by requiring all major sources to was determined to be no reduction in disclosed except in accordance with meet emission standards for HAP emissions from existing sources, and the procedures set forth in 40 CFR part 2. reflecting application of the maximum final rule is being amended to reflect Worldwide Web (WWW). In addition achievable control technology (MACT). this. For new and reconstructed to being available in the docket, an The NESHAP establish emission combined HAP process vents, however, electronic copy of today’s proposal will limitations for emission sources at the requirement for inorganic HAP is also be available through the WWW. operations used to manufacture p-type the same as the requirement for Following the Administrator’s signature, and n-type semiconductors and active inorganic HAP process vents and the a copy of this action will be posted on solid-state devices from a wafer requirement for organic HAP is the same EPA’s Technology Transfer Network substrate. as the requirement for the organic HAP (TTN) policy and guidance page for After promulgation of the NESHAP, it process vents. newly proposed or promulgated rules at was brought to our attention that while III. Rationale for the Proposed http://www.epa.gov/ttn/oarpg/. The the NESHAP established separate Amendments TTN at EPA’s Web site provides emission standards for organic and information and technology exchange in inorganic HAP from process vents, some Almost all semiconductor various areas of air pollution control. plants combine inorganic and organic manufacturing facilities segregate their vent streams into a single atmospheric process vent emissions into streams How can I get copies of the proposed process vent. This situation was quite containing either inorganic or organic amendments and other related different from the process vents pollutants. This has been common information? examined during the development practice in the industry since the early EPA has established the official phase of the rule, which were segregated 1980s. Given the prevalence of this public docket for the proposed into strictly organic or inorganic HAP practice and the fact that very few rulemaking under docket ID No. EPA– constituents. Therefore, we believe the semiconductor manufacturing plants HQ–OAR–2002–0086. Information on promulgated rule failed to adequately pre-dating the mid-1980s were still in how to access the docket is presented account for the existence of combined operation when we issued the final rule,

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the final rule was only intended to However, for the limited number of V. Statutory and Executive Order regulate emissions from segregated existing combined process vents with Reviews inorganic or organic HAP process vents. process heat, the rule is being revised to However, there is at least one older A. Executive Order 12866: Regulatory reflect the actual floor level of control Planning and Review semiconductor manufacturing plant in for those vents. The floor level of operation that reflects the earlier design control for combined HAP process vents This action is not a ‘‘significant regulatory action’’ under the terms of philosophy of combining inorganic and has been determined to be no reduction Executive Order (EO) 12866 (58 FR organic HAP into a single process vent. in emissions. We are aware of four This plant combines inorganic and 51735, October 4, 1993) and is therefore combined process vents with added organic process emission streams into not subject to review under the EO. process heat located at major four combined HAP atmospheric B. Paperwork Reduction Act process vents. In addition, this facility semiconductor sources. We do not know adds process heat into these combined of any existing combined HAP process This action does not impose any new organic/inorganic process vents. vents that do not add process heat. Our information collection burden. The Adding organic HAP streams and research indicates that none of those information collection requirements in process heat into an inorganic HAP vents are currently subject to any the final rule have not been changed by emission stream, which is the controls to reduce HAP emissions and these proposed amendments. However, predominant HAP emission vent type in no work practices are employed that OMB has previously approved the the industry, increases the difficulty and reduce emissions. Control options above information collection requirements costs of controlling a semiconductor the floor for the four existing combined contained in the existing regulations 40 process vent in two ways. First, wet HAP process vents with added process CFR part 63, subpart BBBBB under the scrubber technology, which is the heat were examined. However, we provisions of the Paperwork Reduction typical control technology utilized to rejected these options because the cost Act, 44 U.S.C. 3501 et seq. and has control inorganic HAP pollutants by this was estimated to be in excess of assigned OMB control number 2060– industry, cannot be used to effectively $750,000 per ton of HAP emissions 0382, EPA ICR number 2042.03. A copy control organic HAP pollutants at the reduction, which is not a reasonable of the OMB approved Information very low concentrations present in the beyond the floor control option. Collection Request (ICR) may be semiconductor industry. Therefore, a obtained from Susan Auby, Collection Therefore, the rule is being amended combined HAP vent stream needs a Strategies Division; U.S. Environmental with the intention that no emission much larger and more expensive Protection Agency (2822T); 1200 scrubber to control a combined HAP control is required for existing Pennsylvania Ave., NW., Washington, process vent than a similar inorganic combined HAP process vents with DC 20460 or by calling (202) 566–1672. process vent at a more modern facility. added process heat. Burden means the total time, effort, or In addition, a wet scrubber is not an For new sources, however, we financial resources expended by persons effective control option for low volume determined that by utilizing proper to generate, maintain, retain, or disclose organic pollutant streams such as those design, a combined HAP vent stream or provide information to or for a in the semiconductor industry and it could achieve reductions similar to Federal agency. This includes the time would not reduce organic HAP by a those required for inorganic process needed to review instructions; develop, significant amount. Combining vents for inorganic HAP and organic acquire, install, and utilize technology inorganic and organic HAP streams just process vents for organic HAP. and systems for the purposes of increases control costs without Therefore, for new and reconstructed collecting, validating, and verifying providing an additional reduction in combined HAP process vents including information, processing and pollutant levels. those with added process heat, the maintaining information, and disclosing Second, by adding process heat with requirement for inorganic HAP and providing information; adjust the combined HAP process vent streams, a existing ways to comply with any components is the same as the current facility must cool the process vent air in previously applicable instructions and requirement for inorganic HAP process order to effectively control the inorganic requirements; train personnel to be able HAP emissions with a wet scrubber. vents and the requirement for organic to respond to a collection of This is a much more significant task HAP is the same as the requirement for information; search data sources; than controlling a process vent where organic HAP process vents. complete and review the collection the process heat is already separated out IV. Impacts of the Proposed information; and transmit or otherwise and makes a combined HAP process Amendments disclose the information. vent with process heat even more An agency may not conduct or difficult and expensive to control. In The proposed amendments do not sponsor, and a person is not required to fact, the most effective way to control an affect the level of emissions control respond to a collection of information existing combined HAP process vent required by the existing NESHAP for the unless it displays a currently valid OMB would be to reconstruct the vent system nonair, health, environmental, and control number. The OMB control to segregate the process heat from the energy impacts. In the final rule we numbers for EPA’s regulations in 40 inorganic HAP stream, which is the estimated that no additional control CFR are listed in 40 CFR part 9. current practice in all semiconductor would be required. These amendments manufacturing facilities, constructed C. Regulatory Flexibility Act do not change the impacts associated over the past 20 years. The Regulatory Flexibility Act (RFA) Based on this information, we believe with the final rule. The primary purpose generally requires an agency to prepare it is necessary to revise the final rule to of these amendments is to clarify the a regulatory flexibility analysis of any separately address combined HAP final rule requirements. Therefore, a re- rule subject to notice and comment process vents with process heat. The evaluation of costs associated with the rulemaking requirements under the floor level of control for inorganic final rule was not necessary. Administrative Procedure Act or any process vents and organic process vents other statute unless the agency certifies is not being changed by this action. that the rule will not have a significant

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economic impact on a substantial governments, it must have developed this proposed rule from State and local number of small entities. Small entities under section 203 of the UMRA a small officials. include small businesses, small government agency plan. The plan must organizations, and small governmental provide for notifying potentially F. Executive Order 13175: Consultation jurisdictions. affected small governments, enabling and Coordination With Indian Tribal For purposes of assessing the impacts officials of affected small governments Governments of today’s rule on small entities, small to have meaningful and timely input in Executive Order 13175 (65 FR 67249, entity is defined as: (1) A small business the development of EPA regulatory November 9, 2000) requires EPA to as defined by the Small Business proposals with significant Federal develop an accountable process to Administrations’ regulations at 13 CFR intergovernmental mandates, and ensure ‘‘meaningful and timely input by 121.201; (2) a small governmental informing, educating, and advising jurisdiction that is a government of a small governments on compliance with tribal officials in the development of city, county, town, school district or the regulatory requirements. regulatory policies that have tribal special district with a population of less We have determined that the implications.’’ The proposed rule does than 50,000; and (3) a small proposed rule does not contain a not have tribal implications as specified organization that is any not-for-profit Federal mandate that may result in in EO 13175. It will not have substantial enterprise which is independently expenditures of $100 million or more direct effects on tribal governments, on owned and operated and is not for State, local, and tribal governments, the relationship between the Federal dominant in its field. in the aggregate, or to the private sector Government and Indian tribes, or on the After considering the economic in any 1 year. Thus, the proposed rule distribution of power and impacts of today’s amendments on is not subject to the requirements of responsibilities between the Federal small entities, I certify that this action sections 202 and 205 of the UMRA. In Government and Indian tribes. No tribal will not have a significant economic addition, EPA has determined that governments own semiconductors and impact on a substantial number of small today’s proposed rule contains no are subject to the proposed standards. entities. The proposed amendments regulatory requirements that might Thus, EO 13175 does not apply to the would not impose any requirements on significantly or uniquely affect small proposed rule. EPA specifically solicits small entities. We continue to be governments because it contains no interested in the potential impacts of the additional comment on this proposed requirements that apply to such proposed rule on small entities and rule from tribal officials. governments or impose obligations welcome comments on issues related to upon them. Therefore, the proposed rule G. Executive Order 13045: Protection of such impacts. is not subject to section 203 of the Children From Environmental Health D. Unfunded Mandates Reform Act UMRA. and Safety Risks Title II of the Unfunded Mandates E. Executive Order 13132: Federalism Executive Order 13045 (62 FR 19885, Reform Act of 1995 (UMRA), Public April 23, 1997) applies to any rule that: Executive Order 13132 (64 FR 43255, Law 104–4, establishes requirements for (1) Is determined to be ‘‘economically Federal agencies to assess the effects of August 10, 1999) requires EPA to develop an accountable process to significant’’ as defined under EO 12866, their regulatory actions on State, local, and (2) concerns an environmental and tribal governments and the private ensure ‘‘meaningful and timely input by health or safety risk that EPA has reason sector. Under section 202 of the UMRA, State and local officials in the to believe may have a disproportionate EPA generally must prepare a written development of regulatory policies that statement, including a cost-benefit have federalism implications.’’ ‘‘Policies effect on children. If the regulatory analysis, for proposed and final rules that have federalism implications’’ is action meets both criteria, the Agency with ‘‘Federal mandates’’ that may defined in the Executive Order to must evaluate the environmental health result in expenditures to State, local, include regulations that have or safety risk of the planned rule on and tribal governments, in the aggregate, ‘‘substantial direct effects on the States, children, and explain why the planned or to the private sector, of $100 million on the relationship between the national regulation is preferable to other or more in any 1 year. Before government and the States, or on the potentially effective and reasonably promulgating an EPA rule for which a distribution of power and feasible alternatives considered by the written statement is needed, section 205 responsibilities among the various Agency. of the UMRA generally requires EPA to levels of government.’’ The proposed rule is not subject to the identify and consider a reasonable The proposed rule does not have EO because it is not economically number of regulatory alternatives and federalism implications. It will not have significant as defined in EO 12866, and adopt the least costly, most cost- substantial direct effects on the States, because the Agency does not have effective, or least burdensome on the relationship between the national reason to believe the environmental alternative that achieves the objectives government and the States, or on the health or safety risks addressed by this of the rule. The provisions of section distribution of power and action present a disproportionate risk to 205 do not apply when they are responsibilities among the various children. inconsistent with applicable law. levels of government, as specified in Moreover, section 205 allows EPA to Executive Order 13132. None of the H. Executive Order 13211: Actions adopt an alternative other than the least affected Semiconductor facilities are Concerning Regulations That costly, most cost-effective, or least owned or operated by State or local Significantly Affect Energy Supply, burdensome alternative if the governments. Thus, Executive Order Distribution, or Use Administrator publishes with the final 13132 does not apply to the proposed rule an explanation why that alternative rule. In the spirit of Executive Order The proposed rule is not a was not adopted. Before EPA establishes 13132, and consistent with EPA policy ‘‘significant energy action’’ as defined in any regulatory requirements that may to promote communications between EO 13211 (66 FR 28355, May 22, 2001) significantly or uniquely affect small EPA and State and local governments, because it is not a significant regulatory governments, including tribal EPA specifically solicits comment on action under EO 12866.

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I. National Technology Transfer (1) Reduce the emissions of organic from the process vent to less than or Advancement Act HAP from the process vent stream by 98 equal to 0.42 ppmv. percent by weight. (3) Reduce the emissions of organic Section 112(d) of the National (2) Reduce or maintain the HAP from the process vent stream by 98 Technology Transfer and Advancement concentration of emitted organic HAP percent by weight. Act (NTTAA) of 1995 (Pub. L. 104–113, from the process vent to less than or (4) Reduce or maintain the 12(d) (15 U.S.C. 272 note)), directs EPA equal to 20 parts per million by volume concentration of emitted organic HAP to use voluntary consensus standards (ppmv). from the process vent to less than or (VCS) in its regulatory activities unless (c) Process vents—inorganic HAP equal to 20 parts ppmv. to do so would be inconsistent with emissions. For each inorganic HAP (e) Storage tanks. For each storage applicable law or otherwise impractical. process vent, other than process vents tank, 1,500 gallons or larger, you must VCS are technical standards (e.g., from storage tanks, you must limit limit total HAP emissions to the level materials specifications, test methods, inorganic HAP emissions to the level specified in paragraph (e)(1) or (2) of sampling procedures, and business specified in paragraph (c)(1) or (2) of this section if the emissions from the practices) that are developed or adopted this section. These limitations can be storage tank vent contains greater than by VCS bodies. The NTTAA directs EPA met by venting emissions from your 0.42 ppmv inorganic HAP. These to provide Congress, through OMB, process vent through a closed vent limitations can be met by venting explanations when the Agency decides system to a halogen scrubber meeting emissions from your storage tank not to use available and applicable VCS. the requirements of §§ 63.983 (closed through a closed vent system to a The proposed revisions to the vent system requirements) and § 63.994 halogen scrubber meeting the NESHAP for Semiconductor (halogen scrubber requirements); the requirements of §§ 63.983 (closed vent Manufacturing do not include applicable general monitoring system requirements) and 63.994 requirements for technical standards requirements of § 63.996; the applicable (halogen scrubber requirements); the beyond what the NESHAP requires. performance test requirements; and the applicable general monitoring Therefore, the requirements of the monitoring, recordkeeping and requirements of § 63.996; the applicable NTTAA do not apply to this action. reporting requirements referenced performance test requirements; and the List of Subjects in 40 CFR Part 63 therein. monitoring, recordkeeping and (1) Reduce the emissions of inorganic reporting requirements referenced Environmental protection, Air HAP from the process vent stream by 95 therein. pollution control, Hazardous percent by weight. (1) Reduce the emissions of inorganic substances, Reporting and (2) Reduce or maintain the HAP from each storage tank by 95 recordkeeping requirements. concentration of emitted inorganic HAP percent by weight. Dated: October 11, 2006. from the process vent to less than or (2) Reduce or maintain the Stephen L. Johnson, equal to 0.42 ppmv. concentration of emitted inorganic HAP from the process vent to less than or Administrator. (d) Process vents—combined HAP emissions. For each combined HAP equal to 0.42 ppmv. For the reasons stated in the process vent at a new or reconstructed (f) You must comply with the preamble, title 40, chapter I, part 63, of source, other than process vents from applicable work practice standards and the Code of the Federal Regulations is storage tanks, you must limit inorganic operating limits contained in proposed to be amended as follows: HAP emissions to the level specified in § 63.982(a)(1) and (2). The closed vent paragraph (d)(1) or (2) of this section. system inspection requirements of PART 63—[AMENDED] These limitations can be met by venting § 63.983(c), as referenced by emissions from your process vent § 63.982(a)(1) and (2), do not apply. 1. The authority citation for part 63 3. Section 63.7195 is amended by continues to read as follows: through a closed vent system to a halogen scrubber meeting the adding a definition for ‘‘Combined HAP Authority: 42 U.S.C. 7401, et seq. requirements of §§ 63.983 (closed vent process vents’’, ‘‘Organic HAP process vents’’ and ‘‘Inorganic HAP process 2. Section 63.7184 is amended by system requirements) and 63.994 vents’’ in alphabetical order to read as revising paragraphs (b) through (e) and (halogen scrubber requirements); the follows: adding paragraph (f) to read as follows: applicable general monitoring requirements of § 63.996; the applicable § 63.7195 What definitions apply to this § 63.7184 What emission limitations, performance test requirements; and the subpart? operating limits, and work practice monitoring, recordkeeping and * * * * * standards must I meet? reporting requirements referenced Combined HAP Process Vent means a * * * * * therein. You must limit organic HAP process vent that emits both inorganic emissions to the level specified in (b) Process vents—organic HAP and organic HAP to the atmosphere. emissions. For each organic HAP paragraph (d)(3) or (4) of this section. process vent, other than process vents These limitations can be met by venting * * * * * from storage tanks, you must limit emissions from your process vent Inorganic HAP Process Vent means a organic HAP emissions to the level through a closed vent system to any process vent that emits only inorganic specified in paragraph (b)(1) or (2) of combination of control devices meeting HAP to the atmosphere. this section. These limitations can be the requirements of § 63.982(a)(2). Organic HAP Process Vent means a met by venting emissions from your (1) Reduce the emissions of inorganic process vent that emits only organic process vent through a closed vent HAP from the process vent stream by 95 HAP to the atmosphere. system to any combination of control percent by weight. * * * * * devices meeting the requirements of (2) Reduce or maintain the [FR Doc. E6–17224 Filed 10–18–06; 8:45 am] § 63.982(a)(2). concentration of emitted inorganic HAP BILLING CODE 6560–50–P

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Notices Federal Register Vol. 71, No. 202

Thursday, October 19, 2006

This section of the FEDERAL REGISTER Type of Request: Extension of a problems. The Forest Service needs this contains documents other than rules or currently approved collection. information to help determine if a proposed rules that are applicable to the Abstract: The National Forest contractor is eligible for additional public. Notices of hearings and investigations, Management Act, 16 U.S.C. 472a(14)(c) contract time (if needed). committee meetings, agency decisions and (Act) requires timber sale operating Estimate of Annual Burden: 1.6 hours rulings, delegations of authority, filing of petitions and applications and agency plans on timber sales that exceed 2 per response. statements of organization and functions are years in length. Operating plans are Type of Respondents: Contractors of examples of documents appearing in this collected within 60 days of award of a Timber Sale and/or Integrated Resource section. timber sale contract and annually contracts. thereafter until contract is complete. Estimated Annual Number of Contracts less than 2 years in length Respondents: 2,500. DEPARTMENT OF AGRICULTURE only require an annual plan. Each FS– Estimated Annual Number of 2400–3P, FS–2400–3S, FS–2400–3T, Responses per Respondent: 3.8. Forest Service FS–2400–6, FS–2400–6T, timber sale Estimated Total Annual Burden on contract, and FS–2400–13 and FS– Respondents: 15,200 hours. Information Collection; Request for 2400–13T Integrated Resource contract Comment is invited on: (1) Whether Comment; Operating Plans lists the information requirements for this collection of information is AGENCY: Forest Service, USDA. the subject contract. The information necessary for the stated purposes and ACTION: Notice. collection under each contract varies the proper performance of the functions depending on the size, scope and length of the agency, including whether the SUMMARY: In accordance with the of the contract but generally includes information will have practical or Paperwork Reduction Act of 1995, the descriptions showing planned periods scientific utility; (2) the accuracy of the Forest Service is seeking comments for and methods of road maintenance agency’s estimate of the burden of the from all interested individuals and and road construction, timber collection of information, including the organizations on the extension of a harvesting, stewardship work validity of the methodology and currently approved information (Integrated Resource Contracts only), assumptions used; (3) ways to enhance collection for Operating Plans. slash disposal, and erosion control the quality, utility, and clarity of the DATES: Comments must be received in measures. Plans may also be required to information to be collected; and (4) writing on or before December 18, 2006 address measures contractors will use to ways to minimize the burden of the to be assured of consideration. protect public safety in work areas, collection of information on Comments received after that date will prevent and control fires, and prevent respondents, including the use of be considered to the extent practicable. and control spills of petroleum automated, electronic, mechanical, or ADDRESSES: Comments concerning this products. other technological collection notice should be addressed to Lathrop Contracting Officers collect this techniques or other forms of information Smith, Forest Management, Mail Stop information from contractors. There is technology. 1103, Forest Service, USDA, 1400 no prescribed format for the collection All comments received in response to Independence Ave. SW., Washington, of this information, which may be this notice, including names and DC 20250–1103. submitted in the form of charts or addresses when provided, will be a Comments also may be submitted via letters. matter of public record. Comments will facsimile to (202) 205–1045 or by e-mail The information is needed by the be summarized and included in the to: [email protected]. agency for a variety of uses associated request for Office of Management and The public may inspect comments with the administration of Timber Sale Budget approval. received at the Office of the Director, and Integrated Resource contracts Dated: October 9, 2006. Forest Management Staff, Forest including: (1) To plan and schedule Frederick Norbury, Service, USDA, Room 3NW, Yates contract administration workloads, (2) Building, 1400 Independence Ave., SW., Associate Deputy Chief, National Forest to plan and schedule the delivery of System. Washington, DC, during normal government furnished materials needed [FR Doc. E6–17406 Filed 10–18–06; 8:45 am] business hours. Visitors are encouraged by contractors, (3) to assure public to call ahead to (202) 205–1496 to safety in the vicinity of contract work, BILLING CODE 3410–11–P facilitate entry to the building. (4) to identify contractor resources that FOR FURTHER INFORMATION CONTACT: may be used in emergency fire fighting Lathrop Smith, Forest Management, situations, and (5) to determine DEPARTMENT OF COMMERCE 202–205–0858. Individuals who use contractor eligibility for additional Bureau of Industry and Security TDD may call the Federal Relay Service contract time. (FRS) at 1–800–877–8339, 24 hours a Without accurate plans showing when [Docket No: 060920245–6245–01] day, every day of the year, including and how a contractor intends to operate, holidays. the Forest Service will be hindered in Revision to the Unverified List— Guidance as to ‘‘Red Flags’’ SUPPLEMENTARY INFORMATION: fulfilling its contractual obligations to Title: Operating Plans. cooperate with and not hinder the AGENCY: Bureau of Industry and OMB Number: 0596–0086. performance of the contractor. Such Security, Commerce. Expiration Date of Approval: March delays can lead to disputes, claims and ACTION: Notice. 31, 2007. possible default, as well as other

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SUMMARY: On June 14, 2002, the Bureau end-user or ultimate consignee. In Kowloon City, Hong Kong, Davood of Industry and Security (‘‘BIS’’) addition, such officials sometimes carry Khosrojerdi, dba Al Musafer Tourism published a notice in the Federal out post-shipment verifications and Cargo, Concord Tower, Al Maktoum Register that set forth a list of persons (‘‘PSVs’’) to ensure that U.S. exports Street, PO Box 77900, Dubai, UAE, in foreign countries who were parties to have actually been delivered to the Fuchs Oil Middle East, Sharjah Airport past export transactions where pre- authorized end-user, are being used in International Free Zone, Sharjah, UAE, license checks or post-shipment a manner consistent with the terms of a IC Trading Ltd, Yauzskaya Str. 8, Bldg verifications could not be conducted for license or license exception, and are 2, Moscow, Russia, Part Tech Co, reasons outside the control of the U.S. otherwise consistent with the EAR. Baniyas Tower, Suite 212, Dubai, UAE, Government (‘‘Unverified List’’). In certain instances BIS officials, or Parto Abgardan, Showroom #5, Sheikh Additionally, on July 16, 2004, BIS other Federal officials acting on BIS’s Rashid bin Khalifa al Maktoum published a notice in the Federal behalf, have been unable to perform a building, Dubai, UAE, Reza Nezam Register that advised exporters that the PLC or PSV with respect to certain Trading, Al Dana Center, Al Maktoum Unverified List would also include export control transactions for reasons Street, P.O. Box 41382, Dubai, UAE, persons in foreign countries in outside the control of the U.S. Sarelica (Sar Elica) FZC, Bldg. #3, Office transactions where BIS is not able to Government (including a lack of No. 3 G–08, P.O. Box 41 71 0, Hamariya verify the existence or authenticity of cooperation by the host government Free Zone, Sharjah, UAE, Semicom the end-user, intermediate consignee, authority, the end-user, or the ultimate Technology International LLC, Office ultimate consignee, or other party to the consignee). BIS listed a number of No. 18, 6th Floor, Horizons Business transaction. Those notices advised foreign end-users and consignees Centre, Al-Doha Centre, Al-Maktoum exporters that the involvement of a involved in such transactions in the St., P.O. Box 41096, Dubai, UAE, and listed person as a party to a proposed Unverified List that was included in Vitaswiss Limited, P.O. Box 61069, transaction constitutes a ‘‘red flag’’ as BIS’s Federal Register notice of June 14, Office #R/A 8 CB03, UAE, BIS has described in the guidance set forth in 2002. See 67 FR 40910. On July 16, determined that it is appropriate to add Supplement No. 3 to 15 CFR part 732, 2004, BIS published a notice in the these entities to the Unverified List requiring heightened scrutiny by the Federal Register that advised exporters because BIS was unable to conduct a exporter before proceeding with such a that the Unverified List would also PLC, a PSV, and/or was unable to verify transaction. This notice adds fourteen include persons in foreign countries the existence or authenticity of an end entities to the Unverified List. The where BIS is not able to verify the user, intermediate consignee, ultimate entities are: Semicom Technology existence or authenticity of the end consignee, or other party to an export International LLC, in the UAE, Amiran user, intermediate consignee, ultimate transaction. A ‘‘red flag’’ now exists for Trading Company in the UAE, Sarelica consignee, or other party to an export transactions involving these entities due (Sar Elica) FZC in the UAE, Fuchs Oil transaction. See 69 FR 42652. to their inclusion on the Unverified List. The June 14, 2002 and July 16, 2004 Middle East in the UAE, Parto Abgardan As a result, exporters have an notices advised exporters that the in the UAE, Vitaswiss Limited in the affirmative duty to inquire, verify, or involvement of a listed person in a UAE, Al-Thamin General Trading LLC, otherwise substantiate the proposed transaction constituted a ‘‘red flag’’ in the UAE, Reza Nezam Trading in the transaction to satisfy themselves that the under the ‘‘Know Your Customer’’ UAE, Davood Khosrojerdi, dba Al transaction does not involve a guidance set forth in Supplement No. 3 Musafer Tourism and Cargo in the UAE, proliferation activity prohibited in 15 to 15 CFR part 732 of the EAR. Under Part Tech Co., in the UAE, Bazar CFR part 744, and does not violate other that guidance, whenever there is a ‘‘red Trading Co., in the UAE, Al Aarif provisions of the EAR. flag,’’ exporters have an affirmative duty Factory Equipment Trading LLC in the The Unverified List, as modified by to inquire, verify, or otherwise UAE, Centre Bright Company in Hong this notice, is set forth below. Kong, and IC Trading Ltd., in Russia. substantiate the proposed transaction to satisfy themselves that the transaction Dated: October 11, 2006. DATES: This notice is effective October does not involve a proliferation activity Darryl W. Jackson, 19, 2006. prohibited in 15 CFR part 744, and does Assistant Secretary of Commerce for Export FOR FURTHER INFORMATION CONTACT: not violate other provisions of the EAR. Enforcement. Marcus Cohen, Office of Enforcement The Federal Register notices further Unverified List (As of October 19, 2006) Analysis, Bureau of Industry and stated that BIS may periodically add Security, Telephone: (202) 482–4255. persons to the Unverified List based on The Unverified List includes names, SUPPLEMENTARY INFORMATION: In the criteria set forth above, and remove countries, and last known addresses of administering export controls under the persons when warranted. foreign persons involved in export Export Administration Regulations (15 This notice advises exporters that BIS transactions with respect to which: the CFR parts 730 to 774) (‘‘EAR’’), BIS is adding to the Unverified List the Bureau of Industry and Security (‘‘BIS’’) carries out a number of preventive following entities: Al Aarif Factory could not conduct a pre license check enforcement activities with respect to Equipment Trading LLC, Sheikh Fahad (‘‘PLC’’) or a post shipment verification individual export transactions. Such Saad Alsbah Bldg., Al Maktoum Street, (‘‘PSV’’) for reasons outside of the U.S. activities are intended to assess P.O. Box 28162, Dubai, UAE (also Government’s control; and/or BIS was diversion risks, identify potential located in Al Quoz district of Dubai), not able to verify the existence or violations, verify end-uses, and Al-Thamin General Trading LLC, P.O. authenticity of the end user, determine the suitability of end-users to Box 41364, Dubai, UAE, Amiran intermediate consignee, ultimate receive U.S. commodities or technology. Trading Company, Arbift Tower, 1st consignee or other party to an export In carrying out these activities, BIS Floor, Flat No. 1803, Deira, UAE, also transaction. Any transaction to which a officials, or officials of other Federal P.O. Box 6 1463, Jebel Ali, Dubai, UAE, listed person is a party will be deemed agencies acting on BIS’s behalf, Bazar Trading Co, Baniyas Tower, Suite to raise a ‘‘red flag’’ with respect to such selectively conduct pre-license checks 212, Dubai, UAE. Centre Bright transaction within the meaning of the (‘‘PLCs’’) to verify the bona fides of the Company, Unit 7A, Nathan Commercial guidance set forth in Supplement No. 3 transaction and the suitability of the Building, 430–436 Nathan Road, to 15 CFR part 732. The red flag applies

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to the person on the Unverified List regardless of where the person is located in the country included on the list.

Name Country Last known address

Lucktrade International ...... Hong Kong Special Admin- P.O. Box 91150Tsim Sha TsuiHong Kong. istrative Region. Brilliant Intervest ...... Malaysia ...... 14–1, Persian 65C, Jalan Pahang Barat, Kuala Lumpur, 53000. Dee Communications M Malaysia ...... G5/G6, Ground Floor, Jin GerejaJohor Bahru. SDN.BHD. Peluang Teguh ...... Singapore ...... 203 Henderson Road #09–05HHenderson Industrial Park. Lucktrade International PTE Singapore ...... 35 Tannery Road #01–07 Tannery BlockRuby Industrial ComplexSingapore Ltd. 347740. Arrow Electronics Industries United Arab Emirates ...... 204 Arbift Tower, Benyas Road Dubai. Jetpower Industrial Ltd ...... Hong Kong Special Admin- Room 311, 3rd Floor, Wing On Plaza, 62 Mody Road, Tsim Sha Tsui Est, Kowloon. istrative Region. Onion Enterprises Ltd ...... Hong Kong Special Admin- Room 311, 3rd Floor, Wing On Plaza, 62 Mody Road, Tsim Sha Tsui Est, Kowloon. istrative Region. Litchfield Co. Ltd ...... Hong Kong Special Admin- Room 311, 3rd Floor, Wing On Plaza, 62 Mody Road, Tsim Sha Tsui Est, Kowloon. istrative Region. Sunford Trading Ltd ...... Hong Kong Special Admin- Unit 2208, 22/F118 Connaught Road West. istrative Region. Parrlab Technical Solutions, Hong Kong Special Admin- 1204, 12F Shanghai Industrial Building, 48–62 Hennesey Road, Wan Chai. LTD. istrative Region. T.Z.H. International Co. Ltd Hong Kong Special Admin- Room 23, 2/F, Kowloon Bay Ind Center, No. 15 Wany Hoi Rd, Kowloon Bay. istrative Region. Design Engineering Center .. Pakistan ...... House 184, Street 36, Sector F–10/1, Islamabad. Kantry ...... Russia ...... 13/2 Begovaya Street, Moscow. Etalon Company ...... Russia ...... 20B Berezhkovskaya Naberezhnaya, Moscow. Pskovenergo Service ...... Russia ...... 47–A Sovetskaya Street, Pskov, Russia Federation, 180000. Sheeba Import Export ...... Yemen ...... Hadda Street, Sanaa. Aerospace Consumerist United Arab Emirates ...... Sheikh Zayed Road, P.O. Box 17951, Jebel Ali Free Zone, Dubai and Dubai Inter- Consrtium FZCO. national Airport, Dubai, 3365. Medline International LLC .... United Arab Emirates ...... P.O. Box 86343 Dubai. Al Aarif Factory Equipment United Arab Emirates ...... Sheikh Fahad Saad Alsbah Bldg., Al Maktoum Street, P.O. Box 28162, Dubai, UAE Trading LLC. (also located in Al Quoz district of Dubai). Al-Thamin General Trading United Arab Emirates ...... P.O. Box 41364, Dubai, UAE. LLC. Amiran Trading Company .... United Arab Emirates ...... Arbift Tower, 1st Floor, Flat No. 1803, Deira, UAE, also P.O. Box 6 1463, Jebel Ali, Dubai, UAE. Bazar Trading Co ...... United Arab Emirates ...... Baniyas Tower, Suite 212, Dubai, UAE. Davood Khosrojerdi, dba Al United Arab Emirates ...... Concord Tower, Al Maktoum Street, PO Box 77900, Dubai, UAE. Musafer Tourism and Cargo. Fuchs Oil Middle East ...... United Arab Emirates ...... Sharjah Airport International Free Zone, Sharjah, UAE. Part Tech Co ...... United Arab Emirates ...... Baniyas Tower, Suite 212, Dubai, UAE. Parto Abgardan ...... United Arab Emirates ...... Showroom #5, Sheikh Rashid bin Khalifa al Maktoum building, Dubai,UAE. Reza Nezam Trading ...... United Arab Emirates ...... Al Dana Center, Al Maktoum Street, P.O. Box 41382, Dubai, UAE. Sarelica (Sar Elica) FZC ...... United Arab Emirates ...... Bldg. #3, Office No. 3 G–08, P.O. Box 41 71 0, Hamariya Free Zone, Sharjah, UAE. Semicom Technology Inter- United Arab Emirates ...... Office No. 18, 6th Floor, Horizons Busienss Centre, Al-Doha Centre, Al-Maktoum national LLC. St., P.O. Box 41096, Dubai, UAE. Vitaswiss Limited ...... United Arab Emirates ...... PO Box 61069, Office #R/A 8 CB03, UAE. Centre Bright Company ...... Hong Kong Special Unit 7A, Nathan Commercial Building, 430–436 Nathan Road, Kowloon City, Hong Admnistrative Region. Kong. IC Trading Ltd ...... Russia ...... Yauzskaya Str. Bldg 2, Moscow, Russia.

[FR Doc. 06–8771 Filed 10–18–06; 8:45 am] DEPARTMENT OF COMMERCE International Trade Commission BILLING CODE 3510–33–P (‘‘Commission’’) that revocation of the International Trade Administration antidumping duty order would be likely to lead to continuation or recurrence of [A–570–831] dumping and material injury to an Continuation of Antidumping Duty industry in the United States, pursuant Order: Fresh Garlic from the People’s to section 751(c) of the Tariff Act of Republic of China 1930, as amended (‘‘the Act’’), the Department hereby orders the AGENCY: Import Administration, continuation of the antidumping duty International Trade Administration, order on fresh garlic from the People’s Department of Commerce. Republic of China (‘‘the PRC’’). The SUMMARY: As a result of the Department is publishing this notice of determinations by the Department of continuation of the antidumping duty Commerce (‘‘Department’’) and the

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order in accordance with 19 CFR The subject merchandise is used DEPARTMENT OF COMMERCE 351.218(f)(4). principally as a food product and for International Trade Administration EFFECTIVE DATE: October 19, 2006. seasoning. The subject garlic is FOR FURTHER INFORMATION CONTACT: currently classifiable under subheadings [A–570–803] Hilary E. Sadler, Esq. or Juanita H. 0703.20.0010, 0703.20.0020, Chen, AD/CVD Operations, Office 8, 0703.20.0090, 0710.80.7060, Heavy Forged Hand Tools, Finished or Import Administration, International 0710.80.9750, 0711.90.6000, and Unfinished, With or Without Handles, Trade Administration, U.S. Department 2005.90.9700 of the Harmonized Tariff from the People’s Republic of China: of Commerce, 14th Street and Schedule of the United States Notice of Extension of Time Limit for Constitution Ave., NW, Washington, DC (‘‘HTSUS’’). Although the HTSUS Preliminary Results of Antidumping 20230; telephone: (202) 482–4340 or subheadings are provided for Duty Administrative Review (202) 482–1904, respectively. convenience and customs purposes, the AGENCY: Import Administration, SUPPLEMENTARY INFORMATION: written description of the scope of this International Trade Administration, order is dispositive. In order to be Department of Commerce. Background excluded from the antidumping duty EFFECTIVE DATE: October 19, 2006. On February 1, 2006, the Department order, garlic entered under the HTSUS initiated and the Commission instituted subheadings listed above that is (1) FOR FURTHER INFORMATION CONTACT: a sunset review of the antidumping duty mechanically harvested and primarily, Mark Flessner or Robert James, AD/CVD order on fresh garlic from the PRC but not exclusively, destined for non– Operations, Office 7, Import Administration, International Trade pursuant to section 751(c) of the Act. fresh use or (2) specially prepared and Administration, U.S. Department of See Initiation of Five-year (‘‘Sunset’’) cultivated prior to planting and then Commerce, 14th Street and Constitution Reviews, 71 FR 5243 (February 1, 2006). harvested and otherwise prepared for Avenue, NW, Washington, DC 20230; As a result of its review, the Department use as seed must be accompanied by found that revocation of the telephone: (202) 482–6312 and (202) declarations to Customs and Border antidumping duty order would be likely 482–0649, respectively. Protection to that effect. to lead to continuation or recurrence of Background dumping and notified the Commission Determination of the magnitude of the margins likely On February 19, 1991, the Department to prevail were the order to be revoked. As a result of the determinations by of Commerce (the Department) See Fresh Garlic from the People’s the Department and the Commission published in the Federal Register four Republic of China: Notice of Final that revocation of this antidumping duty antidumping duty orders on heavy Results of the Expedited Sunset Review order would be likely to lead to forged hand tools, finished or of the Antidumping Duty Order, 71 FR continuation or recurrence of dumping unfinished, with or without handles 33279 (June 8, 2006). and material injury to an industry in the (heavy forged hand tools) from the The Commission determined, United States, pursuant to sections People’s Republic of China (PRC). See pursuant to section 751(c) of the Act, 751(d)(2)(A) and (B) of the Act, the Antidumping Duty Orders: Heavy that revocation of the antidumping duty Department hereby orders the Forged Hand Tools, Finished or order on fresh garlic from the PRC continuation of the antidumping duty Unfinished, With or Without Handles From the People’s Republic of China, 56 would be likely to lead to continuation order on fresh garlic from the PRC. or recurrence of material injury to an FR 6622 (February 19, 1991). Imports industry in the United States within a U.S. Customs and Border Protection covered by these orders comprise the reasonably foreseeable time. See Fresh will continue to collect antidumping following classes or kinds of Garlic from China, 71 FR 58630 duty deposits at the rates in effect at the merchandise: (1) Hammers and sledges (October 4, 2006) and USITC time of entry for all imports of subject with heads over 1.5 kg (3.33 pounds) Publication 3886 (September 2006) (Inv. merchandise. The effective date of the (hammers/sledges); (2) bars over 18 No. 731–TA–683 (Second Review)). continuation of this order is the date of inches in length, track tools and wedges publication in the Federal Register of (bars/wedges); (3) picks/mattocks; and Scope of the Order this continuation notice. Pursuant to (4) axes/adzes. The products subject to the section 751(c)(2) of the Act, the On February 1, 2006, the Department antidumping duty order are all grades of Department intends to initiate the next published in the Federal Register (71 garlic, whole or separated into five-year review of this antidumping FR 5239) a notice of ‘‘Opportunity to constituent cloves, whether or not order not later than October 2011. Request an Administrative Review’’ of peeled, fresh, chilled, frozen, the antidumping duty order on heavy This sunset review has been provisionally preserved, or packed in forged hand tools from the PRC for the conducted in accordance with section water or other neutral substance, but not period of review (POR) covering prepared or preserved by the addition of 751(c) of the Act, and this continuation February 1, 2005, through January 31, other ingredients or heat processing. notice is published pursuant to section 2006. On February 24, 2006, The differences between grades are 777(i)(1) of the Act and 19 CFR respondents Shandong Machinery based on color, size, sheathing, and 351.218(f)(4). Import and Export Corporation and level of decay. Dated: October 11, 2006. Tianjin Machinery Import and Export The scope of this order does not David M. Spooner, Corporation requested administrative include the following: (a) garlic that has reviews of their companies for this POR. Assistant Secretary for Import been mechanically harvested and that is Administration. On February 27, 2006, respondents primarily, but not exclusively, destined Shanghai Machinery Import & Export [FR Doc. E6–17358 Filed 10–18–06; 8:45 am] for non–fresh use; or (b) garlic that has Corp., Shandong Huarong Machinery been specially prepared and cultivated BILLING CODE 3510–DS–S Co., and Shandong Jinma Industrial prior to planting and then harvested and Group Co., Ltd. requested otherwise prepared for use as seed. administrative reviews of their

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companies for this POR. On February Picks/Mattocks A–570–803 concerning the questionnaire responses 28, 2006, petitioner Council Tool Iron Bull Industrial Co., Ltd. that require additional supplemental Company requested administrative Jafsam Metal Products questionnaires. reviews of Shandong Huarong Shanghai Machinery Import & Export Therefore, the Department is Machinery Co., Ltd., Shandong Corp. extending the time limit for completion Machinery Import and Export Shanghai Xinke Trading Company of the preliminary results for heavy Corporation, Tianjin Machinery Import Shandong Huarong Machinery Co., Ltd. forged hand tools from the People’s and Export Corporation, Shanghai Xinke Shandong Jinma Industrial Group Co., Republic of China until February 28, Trading Company, Iron Bull Industrial Ltd. 2007, in accordance with section Co., Ltd., and Jafsam Metal Products for Shandong Machinery Import and Export 751(a)(3)(A) of the Tariff Act. The this POR. Also on February 28, 2006, Corporation deadline for the final results of this See Initiation of Antidumping and petitioner Ames True Temper requested review will be 120 days after Countervailing Duty Administrative administrative reviews of Shandong publication of the preliminary results in Reviews and Deferral of Administrative Huarong Machinery Co., Ltd., Shandong the Federal Register. See section Reviews, 71 FR 17077 (April 5, 2006). Machinery Import and Export 751(a)(3)(A) of the Tariff Act and 19 On September 11, 2006, in accordance Corporation, Tianjin Machinery Import C.F.R. 351.213(h)(2). with Section 351.213(d)(1) of the and Export Corporation, Iron Bull This notice is issued and published in Department’s regulations and upon the Industrial Co., Ltd., and Truper accordance with sections 751(a)(3)(A), requests of the pertinent parties, the Herramientas S.A. de C.V. for this POR. 751(a)(1), and 777(i)(l) of the Tariff Act On April 5, 2006, the Department Department rescinded the and 19 CFR 351.213(d)(4). initiated an administrative review of the administrative reviews as follows: •With regard to Shandong Jinma Dated: October 10, 2006. antidumping duty orders listed below Industrial Group Co., Ltd., in all classes Stephen J. Claeys, on heavy forged hand tools from the or kinds. Deputy Assistant Secretary for Import PRC covering the POR February 1, 2005, •With regard to Shanghai Machinery Administration. through January 31, 2006, with respect Import & Export Corp., in all classes or [FR Doc. E6–17380 Filed 10–18–06; 8:45 am] to the listed companies: kinds. BILLING CODE 3510–DS–S •With regard to Truper Herramientas Axes/Adzes A–570–803 S.A. de C.V., in all classes or kinds. Iron Bull Industrial Co., Ltd. • Jafsam Metal Products With regard to Tianjin Machinery DEPARTMENT OF COMMERCE Import and Export Corporation, in the Shanghai Machinery Import & Export International Trade Administration Corp. classes or kinds axes/adzes, hammers/ sledges, and bars/wedges. [A–357–818/Argentina; A–201–835/Mexico] Shanghai Xinke Trading Company • Shandong Huarong Machinery Co., Ltd. With regard to Shandong Huarong Shandong Jinma Industrial Group Co., Machinery Co., in the classes or kinds Initiation of Antidumping Duty Ltd. axes/adzes and bars/wedges. Investigations: Lemon Juice from Shandong Machinery Import and Export •With regard to Iron Bull Industrial Co., Argentina and Mexico Corporation Ltd., in the class or kind bars/wedges. AGENCY: Tianjin Machinery Import and Export See Administrative Review (02/01/ Import Administration, Corporation 2005 01/31/2006) of Heavy Forged Hand International Trade Administration, Truper Herramientas S.A. de C.V. Tools, Finished or Unfinished, With or Department of Commerce. Without Handles, from the People’s EFFECTIVE DATE: October 19, 2006. Bars/Wedges A–570–803 Republic of China: Notice of Rescission FOR FURTHER INFORMATION CONTACT: Iron Bull Industrial Co., Ltd. of Antidumping Duty Administrative Mark Hoadley (Argentina) or Hermes Jafsam Metal Products. Reviews 71 FR 53403 (September 11, Pinilla (Mexico), AD/CVD Operations, Shanghai Machinery Import & Export 2006). Office 6 and Office 5, Import Corp. Administration, International Trade Shanghai Xinke Trading Company Extension of Time Limit for Preliminary Administration, U.S. Department of Shandong Huarong Machinery Co., Ltd. Results Commerce, 14th Street and Constitution Shandong Jinma Industrial Group Co., Pursuant to section 751(a)(3)(A) of the Avenue, NW, Washington, DC 20230; Ltd. Tariff Act of 1930, as amended (the telephone: (202) 482–3148 or (202) 482– Shandong Machinery Import and Export Tariff Act), the deadlines for 3477, respectively. Corporation preliminary and final results of this Tianjin Machinery Import and Export SUPPLEMENTARY INFORMATION: administrative review are October 31, Corporation 2005, and February 28, 2006, The Petition Truper Herramientas S.A. de C.V. respectively. The Department, however, On September 21, 2006, the Hammers/Sledges A–570–803 may extend the deadline for completion Department of Commerce (the Iron Bull Industrial Co., Ltd. of the preliminary results of a review if Department) received a petition on Jafsam Metal Products it determines it is not practicable to imports of lemon juice from Argentina Shanghai Machinery Import & Export complete the preliminary results within and Mexico filed in proper form by Corp. the statutory time limit. See section Sunkist Growers, Inc. (the petitioner). Shanghai Xinke Trading Company 751(a)(3)(A) of the Tariff Act and 19 See Petition for the Imposition of Shandong Huarong Machinery Co., Ltd. C.F.R. 351.213(h)(2). In this case, the Antidumping Duties Against Lemon Shandong Jinma Industrial Group Co., Department has determined it is not Juice from Argentina and Mexico Ltd. practicable to complete this review (September 21, 2006) (petition). On Shandong Machinery Import and Export within the statutory time limit because September 28, 2006, the Department Corporation of significant issues that require issued a request for additional Tianjin Machinery Import and Export additional time to evaluate. These information and clarification of certain Corporation include outstanding questions areas of the petition. Based on the

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Department’s request, the petitioner 48 GPL; and (2) beverage products such industry’’ has been injured and must filed amendments to the petition on as lemonade that typically contain 20% also determine what constitutes a October 3, 2006. See Supplemental or less lemon juice as an ingredient. domestic like product in order to define Questionnaire: Petition for the Lemon juice is classifiable under the industry. While the Department and Imposition of Antidumping Duties subheadings 2009.39.6020, the ITC must apply the same statutory Against Lemon Juice from Argentina 2009.31.6020, 2009.31.4000, definition regarding the domestic like and Mexico (October 3, 2006). On 2009.31.6040, and 2009.39.6040 of the product, they do so for different October 6, October 10, and October 11, Harmonized Tariff Schedule of the purposes and pursuant to separate and 2006, the Department discussed further United States (HTSUS). While HTSUS distinct authority. See section 771(10) of subheadings are provided for concerns with the petitioner by phone. the Act. In addition, the Department’s convenience and Customs and Border See Memorandum to the File: Lemon determination is subject to limitations of Juice from Argentina and Mexico - Patrol purposes, our written description time and information. Although this Telephone Conversation with counsel to of the scope of this investigation is may result in different definitions of the the Petitioner, dated October 6, 2006, dispositive. Memorandum to the File: Lemon Juice During our review of the petition, we domestic like product, such differences from Argentina and Mexico - Telephone discussed the scope with the petitioner do not render the decision of either 1 Conversations with counsel to the to ensure that it is an accurate reflection agency contrary to law. Petitioner, dated October 10, 2006, and of the products for which the domestic Section 771(10) of the Act defines the Memorandum to the File: Lemon Juice industry is seeking relief. Moreover, as domestic like product as ‘‘a product from Argentina and Mexico - Telephone discussed in the preamble to the which is like, or in the absence of like, Conversation with counsel to the regulations (Antidumping Duties; most similar in characteristics and uses Petitioner, dated October 11, 2006. In Countervailing Duties; Final Rule, 62 FR with, the article subject to an response to these concerns, the 27296, 27323 (May 19, 1997)), we are investigation under this subtitle.’’ Thus, petitioner filed additional petition setting aside a period for interested the reference point from which the amendments on October 10, 2006 and parties to raise issues regarding product domestic like product analysis begins is October 11, 2006. coverage. The Department encourages ‘‘the article subject to an investigation,’’ all interested parties to submit such In accordance with section 732(b) of i.e., the class or kind of merchandise to comments within 20 calendar days of the Tariff Act of 1930, as amended (the be investigated, which normally will be Act), the petitioner alleges that imports the publication of this notice. the scope as defined in the petition. of lemon juice from Argentina and Comments should be addressed to Mexico are being, or are likely to be, Import Administration’s Central With regard to domestic like product, sold in the United States at less than fair Records Unit (CRU), Room 1870, U.S. the petitioner does not offer a definition value, within the meaning of section Department of Commerce, 14th Street of domestic like product distinct from 731 of the Act, and that such imports and Constitution Avenue, NW, the scope of the investigations. Based on are materially injuring, or threatening Washington, DC 20230. The period of our analysis of the information material injury to, an industry in the scope consultations is intended to presented by the petitioner, we have United States. provide the Department with ample determined that there is a single The Department finds that the opportunity to consider all comments domestic like product, lemon juice, petitioner filed this petition on behalf of and to consult with parties prior to the which is defined in the ‘‘Scope of the domestic industry because the issuance of the preliminary Investigations’’ section above, and we petitioner is an interested party as determinations. have analyzed industry support in terms defined in section 771(9)(C) of the Act, Determination of Industry Support for of the domestic like product. and the petitioner has demonstrated the Petition sufficient industry support with respect We received no opposition to this to the investigations that the petitioner Section 732(b)(1) of the Act requires petition. The petitioner accounts for a is requesting the Department to initiate that a petition be filed on behalf of the sufficient percentage of the total (see ‘‘Determination of Industry Support domestic industry. Section 732(c)(4)(A) production of the domestic like product, for the Petition’’ below). of the Act provides that a petition meets and the requirements of section this requirement if the domestic 732(c)(4)(A) are met. Accordingly, the Scope of Investigations producers or workers who support the Department determines that the petition The merchandise covered by each of petition account for (1) at least 25 was filed on behalf of the domestic these investigations includes certain percent of the total production of the industry within the meaning of section lemon juice for further manufacture, domestic like product and (2) the 732(b)(1) of the Act. See ‘‘Office of AD/ with or without addition of domestic producers or workers who CVD Operations Initiation Checklist for preservatives, sugar, or other support the petition account for more the Antidumping Duty Petition on sweeteners, regardless of the GPL (grams than 50 percent of the production of the Lemon Juice from Argentina,’’ at per liter of citric acid) level of domestic like product produced by that Attachment II (October 11, 2006) concentration, brix level, brix/acid ratio, portion of the industry expressing (Argentina Initiation Checklist) and pulp content, clarity, grade, horticulture support for or opposition to the petition. ‘‘Office of AD/CVD Operations Initiation method (e.g., organic or not), processed Section 771(4)(A) of the Act defines Checklist for the Antidumping Duty form (e.g., frozen or not–from- the ‘‘industry’’ as the producers as a Petition on Lemon Juice from Mexico,’’ concentrate), FDA standard of identity, whole of a domestic like product. Thus, at Attachment II (October 11, 2006) to determine whether the petition has the size of the container in which (Mexico Initiation Checklist), on file in the requisite industry support, the packed, or the method of packing. the CRU. Excluded from the scope are: (1) statute directs the Department to look to lemon juice at any level of producers and workers who produce the 1 See USEC, Inc. v. United States, 25 CIT 49, 55- concentration packed in retail–sized domestic like product. The International 56, 132 F. Supp. 2d 1, 7-8 (Jan. 24, 2001) (citing containers ready for sale to consumers, Trade Commission (ITC) is responsible Algoma Steel Corp. v. United States, 12 CIT 518, typically at a level of concentration of for determining whether ‘‘the domestic 523, 688 F. Supp. 639, 642-44 (June 8, 1988)).

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Allegations and Evidence of Material markets inquired about the Argentine Mexico. In order to calculate a Injury and Causation and Mexican home markets for lemon conservative estimate, the petitioner did The petitioner alleges that the U.S. juice from their sources but that they not make any deductions to these industry producing the domestic like were unable to obtain home market average unit customs values. product is being materially injured and prices in Argentina or Mexico. In Based upon a comparison of the gross is threatened with material injury by addition, the petitioner stated that there price of the foreign like product in the reason of the imports of the subject were no indications of domestic prices comparison market to the COP of the merchandise sold at less than fair value. for lemon juice in these markets in the product, we find reasonable grounds to The petitioner contends that the several Department of Agriculture and believe or suspect that sales of the industry’s injury is evidenced by ITC reports which were included in the foreign like product were made below reduced market share, increased petition, and which the Department has the COP, within the meaning of section inventories, lost sales, reduced reviewed. 773(b)(2)(A)(i) of the Act. Accordingly, production, lower capacity and capacity The petitioner therefore proposed the the Department is initiating country– utilization rates, decline in prices, lost Netherlands as a third country wide cost investigations with regard to revenue, reduced employment, comparison market for both Argentina both Argentina and Mexico. If we decreased capital expenditures, and a and Mexico, and demonstrated the determine during the course of these decline in financial performance. viability of the Netherlands as a third investigations that the home markets These allegations are supported by country market. In the case of (i.e., Argentina and Mexico) are viable relevant evidence including import Argentina, the petitioner provided or that the Netherlands is not the data, evidence of lost sales, and pricing Argentine figures for exports of lemon appropriate third–country market upon information. We assessed the allegations juice to the Netherlands and the United which to base normal value, our and supporting evidence regarding States. In the case of Mexico, the initiation of country–wide cost material injury, threat of material injury, petitioner provided European Union investigations with respect to sales to and causation, and have determined lemon juice import data for exports from the Netherlands will be rendered moot. that these allegations are supported by Mexico into the Netherlands and Because it alleged sales below cost, accurate and adequate evidence and compared them with U.S. lemon juice pursuant to sections 773(a)(4), 773(b) meet the statutory requirements for import data for imports from Mexico. and 773(e) of the Act, the petitioner initiation. See Argentina Initiation According to these figures, sales to the then based NV for sales in the Checklist at Attachment III and Mexico Netherlands were greater than 5 percent Netherlands on constructed value (CV). of sales by volume to the United States Initiation Checklist at Attachment III. Alleged U.S. Price and Normal Value: for both Argentina and Mexico, and thus Argentina Period of Investigation the petitioner claims that the In accordance with section 351.204(b) Netherlands is an appropriate The petitioner calculated a single of the Department’s regulations, because comparison market in accordance with export price (EP) using the average unit the petition was filed on September 21, section 773(a)(1)(B)(ii)(II) of the Act. customs values for import data collected 2006, the anticipated period of The petitioner then claimed that sales by the U.S. Census Bureau. It used a investigation (POI) is July 1, 2005 prices to the Netherlands are below cost, weighted average of all five HTSUS through June 30, 2006. for both Argentine and Mexican exports. numbers under which subject The petitioner provided information merchandise could be imported: Allegations of Sales at Less Than Fair demonstrating reasonable grounds to 2009.31.4000, 2009.31.6020, Value believe or suspect that sales of lemon 2009.31.6040, 2009.39.6020, and The following is a description of the juice in the comparison market (i.e., the 2009.39.6040. The petitioner deducted allegations of sales at less than fair value Netherlands) were made at prices below amounts for domestic inland freight, upon which the Department has based the fully absorbed cost of production storage and other harbor charges, and an its decision to initiate investigations (COP), within the meaning of section export tax to arrive at an EP figure for with respect to Argentina and Mexico. 773(b) of the Act, and requested that the a product at the same concentration The sources of data for the deductions Department conduct country–wide level as the product for which CV was and adjustments relating to U.S. price sales–below-cost investigations for both calculated. The deductions are based on and normal value are discussed in Argentina and Mexico. Pursuant to an affidavit of one of the petitioner’s greater detail in the Argentina Initiation section 773(b)(3) of the Act, COP company officials, and represent the Checklist and Mexico Initiation consists of the cost of manufacturing cost of transporting subject merchandise Checklist. Should the need arise to use (COM), selling, general, and to Buenos Aires and preparing it for any of this information as facts available administrative (SG&A) expenses, export as well as an estimate for the under section 776 of the Act, we may financial expenses, and packing export tax. reexamine the information and revise expenses (where appropriate). Details We analyzed the five HTSUS numbers the margin calculation, if appropriate. regarding the calculation of the COP used by the petitioner in calculating EP. cost elements (i.e., COM, SG&A, and Four of the five HTSUS categories were Use of a Third Country Market and financial expenses) are included in our comprised solely of subject Sales Below Cost Allegation discussion of constructed value (CV), in merchandise; however, one HTSUS With respect to normal value (NV), the ‘‘Alleged U.S. Price and Normal number was a basket category, and, the petitioner stated that home market Value’’ sections below.2 The petitioner therefore, could include significant prices are not reasonably available. calculated export prices for the amounts of merchandise other than According to the petitioner, the Netherlands using average unit customs subject merchandise. Accordingly, we Argentine and Mexican lemon juice values for imports from Argentina and recalculated EP by removing HTSUS industry is geared almost exclusively to number 2009.31.4000, the basket exports. See, e.g., pages 12 and 22 of the 2 In this case, the elements of COP and CV are category. In addition, we did not make October 3, 2006 petition amendment. calculated identically. The only difference between the deductions to price made by the the COP figure used to demonstrate sales below cost The petitioner stated that its personnel and the CV figure used as normal value is that CV petitioner, as the petitioner could not most knowledgeable about international includes an amount for profit. demonstrate that these amounts were

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not in the SG&A expense figure it customs values for import data collected Fair Value Comparisons calculated. Specifically, it is not clear by the U.S. Census Bureau. It used a based on S.A. San Miguel’s (an weighted average of all five HTSUS Based on a comparison of the revised Argentine lemon juice producer) numbers under which subject EP to CV, the dumping margin is 102.46 unconsolidated financial statements merchandise could be imported: percent with respect to Argentina and whether the items which the petitioner 2009.31.4000, 2009.31.6020, 134.22 percent with respect to Mexico. subtracted from the average unit value 2009.31.6040, 2009.39.6020, and Therefore, in accordance with section (i.e., export tax, storage, and movement 2009.39.6040. The petitioner did not 773(a) of the Act, there is reason to expenses) were included in the reported make any adjustments to U.S. price. We believe that imports of lemon juice from SG&A expense. Therefore, to avoid recalculated EP by removing the same Argentina and Mexico are being, or are possible double counting, we did not basket category as we did for Argentina. likely to be, sold in the United States at make these deductions. less than fair value. Pursuant to section 773(a)(4) of the Pursuant to section 773(a)(4) of the Act, the petitioner calculated a single Act, the petitioner calculated a single Initiation of Antidumping CV as the basis for NV. See ‘‘Use of a CV as the basis for normal value (NV). Investigations See ‘‘Use of a Third Country Market and Third Country Market and Sales Below Based upon the examination of the Cost Allegation‘‘ above. The petitioner Sales Below Cost Allegation‘‘ above. The petition on lemon juice from Argentina calculated CV based on the price of petitioner calculated CV using its own and Mexico and other information lemons in Buenos Aires, its own data for some values, published data for reasonably available to the Department, processing and packing costs and by– other cost values, and costs values from product offsets, and SG&A, interest, and a Mexican lemon juice manufacturer’s the Department finds that the petition profit taken from the public financial publicly available financial statement meets the requirements of section 732 of statements of an Argentine producer of for other factors. It adjusted its own the Act. Therefore, we are initiating lemon juice. It adjusted its own processing costs for known differences antidumping duty investigations to processing costs for known differences between U.S. and Mexican production determine whether imports of lemon between U.S. and Argentine production costs. juice from Argentina and Mexico are being, or are likely to be, sold in the costs. It also deducted an amount from Specifically, to value raw materials, CV for export tax, in order to offset the United States at less than fair value. In the petitioner used the 2005 average export tax deduction to EP. accordance with section 733(b)(1)(A) of Specifically, to value raw materials, Mexican cost of production for lemons the Act, unless postponed, we will make the petitioner used the prices quoted on (excluding packing costs) from an ITC our preliminary determinations no later the Mercado Central in Buenos Aires for publication. See ITC publication on than 140 days after the date of this lemons sold during the POI. The added Conditions for Certain Oranges and initiation. processing costs were based on the Lemons in the U.S. Fresh Market, Table petitioner’s fiscal year 2005 experience 9–16, p. 9–17. The added processing Distribution of Copies of the Petition costs were based on the petitioner’s adjusted for known differences between In accordance with section U.S. and Argentine production costs fiscal year 2005 experience adjusted for known differences between U.S. and 732(b)(3)(A) of the Act, a copy of the (electricity rates and manufacturing public version of the petition has been labor wages). See U.S. Department of Mexican production costs (electricity rates and manufacturing labor wages). provided to the representatives of the Energy: Energy Statistics - Electricity Governments of Argentina and Mexico. Prices, and International Labor See Mexico Initiation Checklist at We will attempt to provide a copy of the Organization: Labor Statistics - Wages Attachments VII and VIII. The petitioner public version of the petition to the and Manufacturing for Argentina, found did not adjust for storage, packing and foreign producers/exporters named in in the Argentina Initiation Checklist at transportation costs in its calculation of the petition. Attachment VII and Attachment VIII, processing cost. The petitioner based respectively. Additional information, the SG&A and financial expenses on the International Trade Commission including by–product offsets and most recently available fiscal year 2003 Notification packing expenses, were provided in financial statements (the most current affidavits from company officials of the statements available) of UniMark Group, We have notified the ITC of our petitioner, and reasonably reflect its POI a Mexican lemon juice producer. The initiation, as required by section 732(d) experience. To calculate SG&A, petitioner assumed a packing cost of of the Act. financial expenses, and profit, the zero because there were no packing cost Preliminary Determination by the petitioner relied upon amounts reported data available to the petitioner. To International Trade Commission in the 2005 fiscal year financial calculate an amount for profit consistent statements of S.A. San Miguel. See with section 773(e)(2) of the Act, the The ITC will preliminarily determine, Argentina Initiation Checklist. petitioner relied upon amounts reported no later than November 6, 2006, In making fair value calculations for in UniMark Group’s income statement whether there is a reasonable indication Argentina, we used the CV calculated by for the most recently available fiscal that imports of lemon juice from the petitioner, except that we did not year 2003. Because UniMark Group’s Argentina and Mexico are materially make a deduction for export tax from income statement for fiscal year 2003 injuring, or threatening material injury CV, which the petitioner had suggested showed a loss, the petitioner assumed a to, a U.S. industry. A negative ITC as a means of offsetting its export tax zero profit in the calculation of the determination will result in the deduction from EP, as we did not make constructed value. See Mexican investigations being terminated; such a deduction from EP. Initiation Checklist. otherwise, these investigations will Alleged U.S. Price and Normal Value: The petitioner did not claim any other proceed according to statutory and Mexico adjustments to either EP or CV and we regulatory time limits. The petitioner calculated a single found that no other adjustments were This notice is issued and published Mexican EP using the average unit warranted. pursuant to section 777(i) of the Act.

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Dated: October 11, 2006. Review: Certain Softwood Lumber POR 3 and POR 4, the new shipper David M. Spooner, Products from Canada, 70 FR 73437 review, and the changed circumstances Assistant Secretary for Import (December 12, 2005). On June 30, 2005, review. Administration. the Department published a notice of In accordance with the terms of the [FR Doc. E6–17381 Filed 10–18–06; 8:45 am] initiation of the third administrative SLA 2006, we will instruct U.S. BILLING CODE 3510–DS–S review of the antidumping duty order Customs and Border Protection (CBP) to on certain softwood lumber products cease collecting cash deposits, as of from Canada, covering the period May October 12, 2006, on imports of DEPARTMENT OF COMMERCE 1, 2004, to April 30, 2005 (POR 3). See softwood lumber products from Canada. Notice of Initiation of Antidumping and Moreover, we will instruct CBP to International Trade Administration Countervailing Duty Administrative liquidate all entries made on or after [A–122–838] Reviews, 70 FR 37749 (June 30, 2005) May 22, 2002, without regard to (Initiation Notice). The preliminary antidumping duties, except that, where Notice of Rescission of Antidumping results for POR 3 were issued on June liquidation of certain entries is enjoined Duty Reviews and Revocation of 12, 2006. See Notice of Preliminary for antidumping purposes, the Antidumping Duty Order: Certain Results of Antidumping Duty antidumping liquidation instructions for Softwood Lumber Products From Administrative Review, Partial such entries will be issued upon Canada Rescission and Postponement of the removal of the injunction. In addition, Final Results: Certain Softwood Lumber we will instruct CBP to refund all AGENCY: Import Administration, Products From Canada, 71 FR 33964 deposits collected on such entries with International Trade Administration, (June 12, 2006). On July 3, 2006 the accrued interest. Department of Commerce. Department published a notice of This notice is in accordance with EFFECTIVE DATE: October 12, 2006 initiation of the fourth administrative 777(i) of the Tariff Act of 1930, as FOR FURTHER INFORMATION CONTACT: review of the order covering the period amended and 19 CFR 351.213(d)(4). David Layton, AD/CVD Operations, May 1, 2005, to April 30, 2006 (POR 4). Dated: October 12, 2006. See Initiation of Antidumping and Office 1, Import Administration, David M. Spooner, International Trade Administration, Countervailing Duty Administrative Reviews, 71 FR 37892 (July 3, 2006). In Assistant Secretary for Import U.S. Department of Commerce, 14th Administration. addition, on June 30, 2006, the Street and Constitution Avenue, NW, [FR Doc. E6–17377 Filed 10–18–06; 8:45 am] Washington, DC 20230; telephone: (202) Department initiated a new shipper BILLING CODE 3510–DS–S 482–0371. review of this order and on July, 13, 2006, the Department initiated a SUMMARY: On September 12, 2006, U.S. changed circumstances review of this Trade Representative Susan C. Schwab order. See Certain Softwood Lumber DEPARTMENT OF COMMERCE and Canada’s Minister for International Products from Canada: Notice of Trade, David Emerson, signed the International Trade Administration Initiation of Antidumping Duty New Softwood Lumber Agreement (SLA Shipper Review, 71 FR 37538 (June 30, [C–122–839] 2006). On October 12, 2006 the SLA 2006); see also Notice of Initiation of 2006 entered into effect. Pursuant to the Antidumping Duty Changed Notice of Rescission of Countervailing the settlement of litigation which is a Circumstances Review: Certain Duty Reviews and Revocation of precondition for the entry into force of Softwood Lumber Products from Countervailing Duty Order: Certain the SLA 2006, the Department of Canada, 71 FR 39661 (July 13, 2006). Softwood Lumber Products From Commerce (the Department) is revoking On September 12, 2006, U.S. Trade Canada the antidumping duty order on certain Representative Susan C. Schwab and AGENCY: Import Administration, softwood lumber products from Canada Canada’s Minister for International and rescinding all ongoing proceedings International Trade Administration, Trade, David Emerson, signed the SLA Department of Commerce. related to that order. 2006. One of the conditions for the entry EFFECTIVE DATE: October 12, 2006. SUPPLEMENTARY INFORMATION: into force of the SLA 2006 was the FOR FURTHER INFORMATION CONTACT: Eric Background settlement of litigation. On October 12, 2006, the government of the United B. Greynolds, AD/CVD Operations, On May 22, 2002, the Department States and the government of Canada Office 3, Import Administration, published the antidumping duty order exchanged letters indicating that the International Trade Administration, on certain softwood lumber from conditions for the entry into force of the U.S. Department of Commerce, 14th Canada. See Notice of Amended Final SLA 2006 had been fulfilled. Street and Constitution Avenue, NW, Determination of Sales at Less Than Washington, DC 20230; telephone: (202) Fair Value and Antidumping Duty Rescission Of The Reviews And 482–6071. Order: Certain Softwood Lumber Revocation Of The Order SUMMARY: On September 12, 2006, U.S. Products From Canada, 67 FR 36068 Pursuant to the settlement of Trade Representative Susan C. Schwab (May 22, 2002). The Department litigation, the Department hereby and Canada’s Minister for International subsequently completed the first and revokes the antidumping duty order on Trade, David Emerson, signed the second administrative reviews. See softwood lumber from Canada, effective Softwood Lumber Agreement (SLA Notice of Final Results of Antidumping May 22, 2002, without the possibility of 2006). On October 12, 2006, the SLA Duty Administrative Review and Notice reinstatement. Furthermore, as the 2006 entered into effect. Pursuant to the of Final Results of Antidumping Duty result of the revocation of the order, settlement of litigation which is a Changed Circumstances Review: Certain which is effective for the periods being precondition for the entry into force of Softwood Lumber Products from reviewed, the Department hereby the SLA 2006, the Department of Canada, 69 FR 75921 (December 20, rescinds all ongoing proceedings related Commerce (the Department) is revoking 2004); see also Notice of Final Results to the antidumping duty order, the countervailing duty order on certain of Antidumping Duty Administrative including the administrative reviews for softwood lumber products from Canada

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and rescinding all ongoing proceedings conditions for entry into force of the panel has been appointed to this panel related to that order. SLA 2006 had been fulfilled. review and has been dismissed in accordance with the Rules of Procedure SUPPLEMENTARY INFORMATION: Rescission Of The Reviews And for Article 1904 Binational Panel Revocation Of The Order Background Review, effective October 12, 2006. On May 22, 2002, the Department Pursuant to the settlement of FOR FURTHER INFORMATION CONTACT: published the countervailing duty order litigation, the Department hereby Caratina L. Alston, United States on certain softwood lumber from revokes the countervailing duty order Secretary, NAFTA Secretariat, Suite Canada. See Notice of Amended Final on softwood lumber from Canada, 2061, 14th and Constitution Avenue, Affirmative Countervailing Duty effective May 22, 2002, without the Washington, DC 20230, (202) 482–5438. Determination and Notice of possibility of reinstatement. As the SUPPLEMENTARY INFORMATION: Chapter Countervailing Duty Order: Certain result of the revocation of the order, 19 of the North American Free-Trade Softwood Lumber Products From which is effective for the periods being Agreement (‘‘Agreement’’) establishes a Canada, as corrected, 67 FR 36070 (May reviewed, the Department hereby mechanism to replace domestic judicial 22, 2002). The Department subsequently rescinds all ongoing proceedings related review of final determinations in completed the first and second to the countervailing duty order, antidumping and countervailing duty administrative reviews. See Notice of including the administrative reviews for cases involving imports from a NAFTA Amended Final Results of POR 3 and POR 4, and all outstanding country with review by independent Countervailing Duty Administrative expedited reviews. binational panels. When a Request for Review: Certain Softwood Lumber In accordance with the terms of the Panel Review is filed, a panel is Products from Canada, 70 FR 9046 SLA 2006, we will instruct U.S. established to act in place of national (February 24, 2005); see also Notice of Customs and Border Protection (CBP) to courts to review expeditiously the final Final Results of Countervailing Duty cease collecting cash deposits, as of determination to determine whether it Administrative Review: Certain October 12, 2006, on imports of conforms with the antidumping or Softwood Lumber Products from softwood lumber products from Canada. countervailing duty law of the country Canada, 70 FR 73448 (December 12, Moreover, we will instruct CBP to that made the determination. 2005).1 On June 30, 2005, the liquidate all entries made on or after Under Article 1904 of the Agreement, Department published a notice of May 22, 2002, without regard to which came into force on January 1, initiation of administrative review of the countervailing duties. In addition, we 1994, the Government of the United countervailing duty order on certain will instruct CBP to refund all deposits States, the Government of Canada and softwood lumber products from Canada, collected on such entries with accrued the Government of Mexico established covering the period of review (POR) interest. Rules of Procedure for Article 1904 April 1, 2004, to March 31, 2005 (POR This notice is in accordance with Binational Panel Reviews (‘‘Rules’’). 3). See Notice of Initiation of 777(i) of the Tariff Act of 1930, as These Rules were published in the Antidumping and Countervailing Duty amended and 19 CFR 341.213(d)(4). Federal Register on February 23, 1994 Administrative Reviews, 70 FR 37749 Dated: October 12, 2006. (59 FR 8686). The panel review in this (June 30, 2005) (Initiation Notice). The David M. Spooner, matter was requested pursuant to these preliminary results for POR 3 were Assistant Secretary for Import Rules and terminated in accordance issued on June 12, 2006. See Notice of Administration. with the settlement agreement. Preliminary Results and Extension of [FR Doc. E6–17382 Filed 10–18–06; 8:45 am] Dated: October 13, 2006. Final Result of Countervailing Duty BILLING CODE 3510–DS–S Caratina L. Alston, Administrative Review: Certain United States Secretary, NAFTA Secretariat. Softwood Lumber Products From [FR Doc. E6–17375 Filed 10–18–06; 8:45 am] Canada, 71 FR 33933 (June 12, 2006). DEPARTMENT OF COMMERCE BILLING CODE 3510–GT–P On July 3, 2006 the Department published a notice of initiation of the International Trade Administration fourth administrative review of the DEPARTMENT OF COMMERCE order covering the period April 1, 2005, North American Free Trade Agreement to March 31, 2006 (POR 4). See (NAFTA), Article 1904 Binational Panel International Trade Administration Initiation of Antidumping and Reviews: Notice of Termination of Countervailing Duty Administrative Panel Review North American Free-Trade Agreement, Article 1904; NAFTA Panel Reviews, 71 FR 37892 (July 3, 2006). AGENCY: NAFTA Secretariat, United Reviews; Completion of Panel Review On September 12, 2006, U.S. Trade States Section, International Trade Representative Susan C. Schwab and Administration, Department of AGENCY: NAFTA Secretariat, United Canada’s Minister for International Commerce. States Section, International Trade Trade, David Emerson, signed the SLA ACTION: Notice of Termination of Panel Administration, Department of 2006. One of the conditions for entry Review of the final Antidumping Duty Commerce. into force of the SLA 2006 was the Determination made by the ACTION: Notice of Completion of Panel settlement of litigation. On October 12, International Trade Administration, Review of the final determination made 2006, the government of the United respecting Certain Softwood Lumber by the U.S. International Trade States and the government of Canada Products from Canada, Secretariat File Administration, in the matter of Certain exchanged letters indicating that the No. USA–CDA–2002–1904–02. Softwood Lumber Products from Canada, CVD determination, Secretariat 1 In addition, the Department has initiated a SUMMARY: Pursuant to the negotiated File No. USA–CDA–2002–1904–03. number of ‘‘expedited reviews’’ to establish settlement between the United States company-specific deposit rates and to consider SUMMARY: whether company-specific revocation is and Canadian Governments, the panel Pursuant to the negotiated appropriate. The Department has completed many review of the above noted case is settlement agreement between the of those reviews. terminated as of October 12, 2006. A United States and Canadian

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Governments, which terminated the involving non–market economy is purchased from a market economy Request for an Extraordinary Challenge (‘‘NME’’) countries. Specifically, the supplier and the remainder from a non– Committee, this Binational Panel review Department is revising its approach market economy supplier, the is completed effective October 12, 2006. concerning cases where an NME Department will normally use the price The panel appointed to this review has producer sources an input from both paid for the input sourced from market been dismissed in accordance with the market economy suppliers and from economy suppliers to value all of the Rules of Procedure for Article 1904 within the NME. Second, the input,1 provided that the volume of the Binational Panel Review, effective Department is revising its methodology market economy input as a share of total October 12, 2006. for calculating expected NME wages in purchases from all sources is FOR FURTHER INFORMATION CONTACT: antidumping proceedings involving ‘‘meaningful,’’ a term used in the Caratina L. Alston, United States NME countries. Third, the Department Preamble to the Regulations but which Secretary, NAFTA Secretariat, Suite is requesting comments on its approach is interpreted by the Department on a 2061, 14th and Constitution Avenue, concerning the calculation of duty case–by-case basis. See Antidumping Washington, DC 20230, (202) 482–5438. drawback adjustments to export price in Duties; Countervailing Duties; Final SUPPLEMENTARY INFORMATION: Pursuant antidumping proceedings when a Rule, 62 FR 27296, 27366 (May 19, to the negotiated settlement agreement respondent producer obtains an input 1997) (‘‘Final Rule’’); see also between the United States and Canadian both from domestic and foreign sources. Shakeproof v. United States, 268 F.3d Governments, the United States On this latter issue, the Department is 1376, 1382 (Fed. Cir. 2001) withdrew the request for an seeking comments on the methodology (‘‘Shakeproof’’). Such market economy Extraordinary Challenge Committee that should be used when the producer input purchases must also constitute Review, which was filed on April 27, receives duty drawback on certain arms–length, bona fide sales. See 2006. The negotiated settlement became exports containing the input but not on Shakeproof, 268 F.3d at 1382–83. effective on October 12, 2006. The other exports containing the input. Additionally, the Department Extraordinary Challenge Committee was FOR FURTHER INFORMATION CONTACT: disregards market economy input to review the decisions of the Binational Lawrence Norton with regard to market purchases when there is evidence that Panel that reviewed the final economy inputs, Shauna Lee–Alaia with the prices for such inputs may be determination and remand regard to expected NME wages, and distorted or when the facts of a determinations by the United States John Kalitka with regard to duty particular case otherwise demonstrate Department of Commerce in ‘‘The drawback, Office of Policy, Import that market economy input purchase Matter of Certain Softwood Lumber Administration, U.S. Department of prices are not the best available Products from Canada: Final Affirmative Commerce, 14th Street and Constitution information. For example, the Countervailing Duty Determination, Avenue, NW, Washington DC, 20230, Department disregards all input values Secretariat File No. USA–CDA–2002– 202–482–1579, 202–482–2793, or 202– it has reason to believe or suspect might 1904–03’’. Therefore, on the basis of the 482–2730, respectively. be dumped or subsidized. See, e.g., China National Machinery Import & negotiated settlement between the SUPPLEMENTARY INFORMATION: United States and Canada, the panel Export Corporation v. United States, 293 review was completed and the panelists Issue One: Market Economy Inputs F. Supp. 2d 1334 (CIT 2003), as aff’d per discharged from their duties effective Background curiam 04 Fed. Appx. 183 (Federal October 12, 2006. Circuit, July 9, 2004). The Department In antidumping proceedings involving has also disregarded the prices of inputs Dated: October 13, 2006. NME countries, the Department that could not possibly have been used Caratina L. Alston, calculates normal value by valuing the in the production of subject United States Secretary, NAFTA Secretariat. NME producer’s factors of production, merchandise during the period of [FR Doc. E6–17405 Filed 10–18–06; 8:45 am] to the extent possible, using prices from investigation or review. See, e.g., Final BILLING CODE 3510–GT–P a market economy that is at a Determination of Sales at Less Than comparable level of economic Fair Value: Certain Frozen and Canned development and that is also a Warmwater Shrimp from the Socialist DEPARTMENT OF COMMERCE significant producer of comparable Republic of Vietnam, 69 FR 71005, and merchandise. The goal of this surrogate accompanying Issues and Decision International Trade Administration factor valuation is to use the ‘‘best Memorandum, at comment 8 (December available information’’ to determine 8, 2004) (‘‘Shrimp’’). The Department Antidumping Methodologies: Market normal value. See section 773(c)(1) of has further rejected purchase prices Economy Inputs, Expected Non– the Tariff Act of 1930, as amended (‘‘the from market economies when the input Market Economy Wages, Duty Act’’); see also Shangdong Huraong in question was produced within an Drawback; and Request for Comments General Corp. v. United States, 159 F. NME. See Final Determination of Sales AGENCY: Import Administration, Supp. 2d 714, 719 (CIT 2001). When an at Less Than Fair Value: Polyethylene International Trade Administration, NME producer purchases inputs from Retail Carrier Bags from the People’s Department of Commerce. market economy suppliers and pays in Republic of China, 69 FR 34125 and ACTION: Announcement of Change in a market economy currency, the accompanying Issues and Decision Methodology, Request for Comment Department normally uses the average Memorandum, at comment 4 (June 18, actual price paid by the NME producer 2004). SUMMARY: This notice addresses three for these inputs to value the input in The Department published on May methodologies of the Department of question, where possible. See 19 CFR 26, 2005, August 11, 2005, and March Commerce (‘‘the Department’’) in 351.408(c)(1); see also Final 21, 2006, three notices in the Federal antidumping proceedings. First, the Determination of Sales at Less Than Register requesting comment on its Department is revising its approach Fair Value: Oscillating Fans and Ceiling market economy inputs methodology in concerning the use of market economy Fans from the People’s Republic of NME cases (70 FR 30418, 70 FR 46816, inputs in the calculation of normal China, 56 FR 55271, 55274–75 (October value in antidumping proceedings 25, 1991). When a portion of the input 1 See 19 CFR 351.408(c)(1).

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and 71 FR 14176, respectively). In these evident in the submissions the source throughout the period of notices, the Department requested Department received in response to its investigation or review. As a general comment on various proposals requests for comment on its market rule, however, the Department typically concerning the Department’s approach economy inputs approach. Absent an rejects purchases of small quantities in cases in which NME firms purchase announced threshold as to what because ‘‘insignificant’’ quantities are a portion of a given input from a market quantities are generally considered to be less likely to be representative of a economy and source the remainder ‘‘meaningful,’’ parties would continue company’s cost of sourcing the entire domestically. In such instances, the to argue this issue without the benefit of input. See Final Determination of Sales Department must make a case–specific any clear guidance from the at Less Than Fair Value and Negative determination as to what the best Department. Final Determination of Critical available information is for valuing the The Department’s second reason for Circumstances: Certain Color Television input: the market–economy purchase requesting comment on its market Receivers from the People’s Republic of price or another surrogate value. The economy inputs approach was its China, 69 FR 20594 and accompanying guidance given in the Department’s concern that it may, in some cases, have Issues and Decision Memorandum, at regulations, as described above, is used market economy input purchase comment 12 (April 16, 2004). ‘‘normally’’ to use the prices paid for the prices to value an entire input even This was the intended reasoning in market economy portion of the input to when these prices may not have been the Preamble to the Regulations, which value the entire input. While the the ‘‘best available information.’’ While states that the Department ‘‘would not rely on the price paid by an NME regulations do not elaborate as to what the Department has not had a specific producer to a market economy supplier circumstances are ‘‘normal,’’ the threshold for what constitutes a if the quantity of the input purchased Preamble states that the Department will ‘‘meaningful’’ quantity, the Department was insignificant. Because the amounts disregard market economy purchases if is concerned that accepting a market purchased from the market economy the volume involved is not economy input value when the portion supplier must be meaningful, this ‘‘meaningful.’’ In response to the sourced from a market economy is too requirement goes some way in Department’s March 21, 2006 request for low may not constitute the best addressing the commenter’s concern comment, the Department received available information, particularly when that the NME producer may not be able comments in April 2006 from the no additional scrutiny is applied to to fulfill all of its needs at that price.’’ following six interested parties: (1) the ensure that the market economy price is Committee to Support U.S. Trade Laws See Final Rule, 62 at 27366. By representative of what the total price announcing a basic threshold of what (‘‘CSUSTL’’); (2) the United States Steel would have been had the firm Corporation (‘‘U.S. Steel’’); (3) the constitutes such a ‘‘meaningful’’ purchased solely from market economy quantity, and by making it high enough American Furniture Manufacturers suppliers. This is a potential problem Committee (‘‘Furniture Committee’’); (4) to reduce the chance of using a distorted because the Department has greater price, without setting it too high to Stewart and Stewart; (5) the Ministry of confidence that the market economy Commerce of the People’s Republic of routinely prevent the use of market purchase price is reflective of total economy input prices, the Department China (‘‘PRC MOFCOM’’); and (6) Trade purchase values of the input (and, thus, Pacific. can give greater effect to the intent of that it represents the ‘‘best available the regulations and improve its market The Department requested comment information’’) when the proportion of economy inputs practice, to the benefit on its market economy inputs practice the total volume of the input that is of all parties. This was the reasoning for two reasons. First, the undefined sourced from market economies is behind some of the proposals the nature of what constitutes a higher. To take an extreme example, Department put forward in its Federal ‘‘meaningful’’ quantity of market where an NME exporter purchases all of Register notices soliciting comment on economy purchases implies that the a given input from a market economy its methodology in this area. This Department must currently make case– supplier, the Department can be decision, along with a discussion of the specific decisions as to whether to confident that this price reflects total relevant public comments, is set forth accept market economy purchase prices purchase value of the input. Conversely, below. to value inputs. This creates if an NME firm purchases a tiny unpredictability as to what values quantity of the input from market Statement of Policy would ultimately be used in the economy suppliers and sources the rest Drawing on the many submissions the dumping calculation. Parties can domestically, the Department may have Department has received in response to advocate accepting or disregarding the little or no confidence that this purchase its requests for comment, the use of market economy purchase prices price reflects the NME firm’s overall Department is now revising its in individual cases, but do not have a purchases of the input. There might be methodology. While the Department concrete framework for doing so. numerous factors that could easily may still consider amending its Indeed, parties representing NME distort a single, small volume market regulations to remove the regulatory exporters have argued that market economy purchase price, for example: requirement that the Department economy purchase prices nearly always sample sales, ‘‘bundling’’ of the ‘‘normally’’ use market economy input constitute the ‘‘best available purchase at a low price with other prices to value the entire amount of information’’ to use in the Department’s purchases at higher prices, limited such inputs, the Department is now dumping calculations, whereas parties quantities available on the market at an establishing clearer guidance as to the representing domestic industry have unusually low price, or brief plunges in circumstances in which it will accept argued that market economy purchases the market price for the input. Of market economy purchase prices to should almost never be used to value course, even a single purchase of an value an entire input. The Department the portion of an input that was sourced input might also, depending on the is now instituting a rebuttable domestically within the NME. This facts, be representative of what an NME presumption that market economy input conflicting understanding as to when exporter’s purchases would have been prices are the best available information market economy purchases should be had it sourced all of the input in for valuing an entire input when the used to value an entire input is also question from the market economy total volume of the input purchased

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from all market economy sources during demonstrate that case–specific facts only theoretical problems. These parties the period of investigation or review outweigh the presumption. argue that even if ‘‘bundling,’’ price exceeds 33 percent of the total volume The practice described above is fluctuations or other factors that could of the input purchased from all sources consistent with our current regulations distort market economy purchases exist, during the period. In these cases, unless directing the Department to ‘‘normally’’ they have not been shown to be a case–specific facts provide adequate use market economy input prices to problem in past cases and so there is no grounds to rebut the Department’s value an entire input. While, as need for a remedy. The Department presumption, the Department will use discussed above, the term ‘‘normally’’ is disagrees with this assertion. The the weighted–average market economy not defined in the regulations, it has Department cannot be privy to the purchase price to value the entire input. been established in both the Preamble circumstances governing every purchase and through the Department’s long– Alternatively, when the volume of an of market economy inputs, nor can it be standing case precedent that the NME firm’s purchases from market expected to conduct an analysis of each Department may decline to accept input market to see if given sales were economy suppliers as a percentage of its market economy purchases to value an representative of what the total price total volume of purchases during the input when the volume involved is would have been had the firm period of review is below 33 percent, insignificant. See, e.g., Preliminary purchased solely from market economy but where these purchases are otherwise Results of Administrative Review: suppliers. Instead, the Department has valid and meet the Department’s Automotive Glass Windshields from always relied on the quantity of the existing conditions (described in the China, 70 FR 24373, 24380 (May 9, input sourced from market economies as Background section above), the 2005) (‘‘Windshields’’) (‘‘{w}here the a proxy to gauge its relative confidence Department will weight–average the quantity of the input purchased from that the market economy purchase price weighted–average market economy market–economy suppliers was is indeed reflective of the total volume purchase price with an appropriate insignificant, the Department will not of the input. The only difference is that surrogate value according to their rely on the price paid by an NME the Department is now announcing a respective shares of the total volume of producer to a market–economy supplier threshold, rather than making purchases, unless case–specific facts because it cannot have confidence that exclusively case–specific decisions. provide adequate grounds to rebut the a company could fulfill all its needs at On this point, PRC MOFCOM and presumption. In determining whether that price.’’). Windshields is others have argued that the Department market economy purchases meet this 33 representative of the Department’s should not establish a ‘‘bright line’’ percent threshold, the Department will consistent standard that it will rely on threshold, that any threshold is compare the volume that the producer market economy purchases to value an arbitrary, and that the Department purchased from market economy entire input only when the share of the already has sufficient discretion to sources during the period of input sourced from market economy disregard market economy purchases investigation or review with the suppliers, relative to the total volume that are not legitimate or bona fide. As respondent’s total purchases during the purchased, is high enough that the described above, however, the period.2 When a firm has made market Department has confidence that the Department is not introducing a rigid, economy input purchases that may have market economy purchase price is ‘‘bright line’’ threshold, but rather a been dumped or subsidized, are not reflective of the firm’s total purchases of threshold that is amenable to bona fide, or are otherwise not the input. interpretation in the light of case– Accordingly, the Department’s acceptable for use in a dumping specific facts and circumstances. decision to introduce a flexible 33 Moreover, this threshold is not arbitrary, calculation, the Department will percent threshold represents an but is carefully crafted to balance two exclude them from the numerator of the extension of its previous practice. This competing concerns; i.e. to ensure that ratio to ensure a fair determination of standard of 33 percent is consistent with market economy purchases are whether valid market economy a threshold that the Department has reflective of total purchases without purchases meet the 33 percent defended, and the Court has upheld, as contravening the regulatory requirement threshold. This addresses the comment constituting a ‘‘meaningful’’ quantity in to ‘‘normally’’ accept market economy by Trade Pacific that the Department a prior case. See Shakeproof, 268 F.3d purchase prices to value an entire input explain how it intends to calculate at 1382–83. However, the Department is when they are available. whether a given quantity of purchases now announcing what will generally In response to the Department’s meets the threshold, and ensures a fair constitute a ‘‘meaningful’’ or proposal to weight–average the market comparison between acceptable market ‘‘significant’’ quantity, as opposed to economy purchase price with a economy purchases and total purchases making this determination on a strictly surrogate value when the share of of the input during the period of case–specific basis and without general market economy purchases falls below investigation or review. Morever, guidance. Establishing a proportional, the Department’s flexible threshold, because this 33 percent threshold rather than absolute, threshold is also PRC MOFCOM argued that there can be constitutes a rebutable presumption, consistent with the logic described in only one single source of the ‘‘best parties will have an opportunity to Windshields, because the decision of available information,’’ and if the whether to accept market economy market economy purchase price 2 Notwithstanding the determination the input purchases to value an entire input constitutes the best information for Department reached in Shrimp, at comment 8, the rests on whether market economy valuing the portion of the input sourced Department will examine if and when the inputs purchases are reflective of what the total from market economy countries, it must were used in the production process when case- specific conditions demand it. Unless there are price would have been had the firm also constitute the best information for case-specific reasons to examine other criteria, the purchased solely from market economy valuing the entire input. The Department will base its decision on whether to suppliers. Department disagrees with this accept market economy input purchases to value Some commenters (including PRC assertion, and considers that the ‘‘best the entire input on the relative share of market economy purchases during the period of MOFCOM) have argued that the available information’’ in cases in which investigation or review to total purchases during the Department’s proposed policy a respondent purchases a given input period of investigation or review. statements provide solutions to what are both domestically and from market

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economy sources may be, depending on Department’s view that requiring August 1, 2005, from the following six the circumstances, a weighted–average parties, in most cases, to meet a 33 interested parties: (1) CSUSTL; (2) of a surrogate value and a market percent threshold actually reduces the Grunfeld, Desiderio, Lebowitz, economy purchase price. The fact that a opportunity for manipulation. Silverman & Klestadt (‘‘Grunfeld’’); (3) given price is valid for a (relatively The Department’s flexible percentage Lacquer Craft Manufacturing Company, small) portion of the input in question threshold of 33 percent for accepting Ltd.; (4) Dorbest Limited; (5) PRC does not necessarily mean that it is market economy purchase prices to MOFCOM; and (6) the Ministry of Trade representative of the firm’s total value an entire input will improve the of the Socialist Republic of Vietnam purchases of the input. While market predictability and accuracy of the (‘‘VN Ministry of Trade’’). economy input purchase prices present Department’s analysis, while continuing The Department’s expected NME a valid price for the market economy to meet the Department’s regulatory wages are currently calculated each year purchases that an NME firm actually requirement to ‘‘normally’’ use market in two steps. First, the relationship made, and the Department will use economy purchases to value inputs between hourly wage rates (obtained these data, when possible, to value the when they are available. Predictability from the International Labor portion of the input purchased from will be improved because parties will Organization’s (‘‘ILO’’) Yearbook of market economy sources, these prices have a clearer idea of when the Labour Statistics, relying on data that may not always be the best available Department will accept market economy has been reported within the six-year information for valuing the portion of purchase prices to value an entire input. period described below) and per–capita the input produced within the NME. The Department will be able to calculate gross national income (‘‘GNI’’) (obtained When the Department cannot be more accurate dumping margins, from the World Bank) from market– confident that this price is because the threshold sets a reasonable economy countries (the ‘‘basket of representative, however, if the price is ratio of the market economy–sourced countries’’) is estimated using an otherwise valid (as in being bona fide, portion to that produced in the NME so ordinary least squares (‘‘OLS’’) not subsidized, etc.), weight–averaging that the Department can be more regression analysis. Second, the GNI of an appropriate surrogate value with the confident in the representativeness of each of the countries designated by the market economy purchase price would the market economy purchase prices. Department as an NME is applied to the be the most accurate valuation of the However, this threshold is also not set regression, which yields an expected input. so high that it would contradict the hourly wage rate for each NME. For further information, see Wage Rate FR. Other parties (including U.S. Steel, regulatory guidance on this issue. Finally, the fact that this threshold PRC MOFCOM and the other Stewart and Stewart, and CSUSTL) interested parties (excluding CSUSTL) argue that except in rare cases, the represents a rebuttable presumption means that it will be flexible, allowing (‘‘PRC MOFCOM et al.’’) argued that Department should never accept market when the Department is valuing any economy input purchases to value the the Department to take into account any case–specific facts that may arise. factor of production, including labor, portion of the input sourced the Department is obliged to use data domestically within the NME. Such a The approach detailed above will take effect for all segments of NME from economically comparable policy would contradict the applicable countries and that the inclusion of regulation, which clearly directs the proceedings that are initiated after publication of this notice in the Federal countries not considered economically Department to ‘‘normally’’ use market comparable is in contravention of our Register. economy input purchases to value the statute, citing 19 U.S.C. § 1677b(c)(4) entire input, even if the market Issue Two: Expected NME Wages and Antidumping Duties; economy purchases formed only a Background Countervailing Duties, Part II, 62 FR portion of an NME firm’s total 27296, 27367 (May 19, 1997) (‘‘Final purchases of the input. The Department With regard to its calculation of Rule’’). Finally, PRC MOFCOM et al. may consider a regulatory change in the expected NME wages, the Department asserted that the Department’s original future to grant it greater discretion in stated in its November 17, 2004 final intention was to limit the regression this area. Nevertheless, the Department determination in the antidumping duty analysis to economically comparable disagrees with the assertion that market investigation of sales at less than fair countries, citing Antidumping Duties; economy inputs never constitute the value regarding Wooden Bedroom Countervailing Duties Part II, 61 FR ‘‘best available information’’ just as it Furniture from the People’s Republic of 7308 (February 27, 1996) (‘‘Proposed disagrees that these purchases always China, that it would ‘‘invite comments Rule’’). do so. Whether the best available from the general public on this matter Accordingly, these parties proposed information to value the NME–produced in a proceeding separate from the that the Department revert to its former portion of the input is the price of the (Furniture) investigation.’’ Final practice of valuing direct labor using a firm’s market economy input purchases Determination of Sales at Less Than surrogate wage rate from a surrogate or another surrogate value is a decision Fair Value: Wooden Bedroom Furniture country selected in each individual that should guided by the relative shares From the People’s Republic of China, 69 proceeding, or an average of the wage of the two types of purchases, as well as FR 67313 and accompanying Issues and rates for the countries designated by the by case–specific facts. U.S. Steel argues Decision Memorandum, at comment 23 Department as economically comparable that ‘‘establishing a bright line threshold (November 17, 2004). On June 30, 2005, to the NME at the outset of each for market economy input purchases the Department published a detailed proceeding. Alternatively, some parties (i.e., more than 33 percent) would description of its methodology for the proposed that the Department should encourage respondents to manipulate calculation of expected NME wages and estimate the relationship between wage the results so as to favorably affect the a request for comment. See Expected rates and per–capita GNI only for calculation of their dumping margins.’’ Non–Market Economy Wages: Request countries that are economically The Department does not agree that a for Comment on Calculation comparable to the NME country in change in respondents’ behavior as a Methodology, 70 FR 37761 (June 30, question, defined by either the Import result of this policy, by itself, amounts 2005) (‘‘Wage Rate FR’’). The Administration’s Office of Policy or by to ‘‘manipulation.’’ Moreover, it is the Department received comments on the World Bank’s national income

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classifications. These parties asserted that we have a relatively consistent and The Department is able to avoid this that the inclusion of non–comparable complete database covering many variability through the regression–based countries is both distortive and contrary countries.’’ See Final Rule at 62 FR methodology for estimating wage rates to the Department’s statutory directive 27367. due to the availability of reliable wage to use ‘‘economically comparable’’ Accordingly, section 351.408(c)(3) of the rate data and the consistent relationship surrogate values. Department’s regulations provides that: over time between wage rates and GNI. Alternatively, acknowledging that the For labor, the Secretary will use regression– The Department relies upon what is, in Department has a stated preference for based rates reflective of the observed essence, an average wage rate, indexed more data when valuing labor, these relationship between wages and national to each NME’s level of economic parties proposed that the Department income in market economy countries. development via its GNI. Under the expand its basket of countries to include The Secretary will calculate the wage Department’s regression methodology, all countries for which the required data rate to be applied in nonmarket economy proceedings each year. The calculation the value for labor will be the same in are available. will be based on current data, and will every proceeding involving a given Finally, some parties argued that the be made available to the public. NME. This enhances the fairness and Department should use a generalized predictability of the Department’s least squares (‘‘GLS’’) methodology for 19 CFR 351.408 (c)(3). The Department’s regulations calculations. its regression analysis in order to Similarly, restricting the basket of concerning the valuation of labor were account for heteroscedasticity in the countries to include only countries that promulgated as part of a public notice data set. are economically comparable to each and comment process. In the Proposed CSUSTL argued that the Department NME is not feasible and would Rule the Department explained the is required to value all factors of undermine the consistency and benefits of a wage rate derived from a production for a given respondent, and predictability of the Department’s regression analysis, which include must therefore capture all labor costs regression analysis. A basket of fairness and predictability. The experienced by the respondent. ‘‘economically comparable’’ countries Accordingly, CSUSTL proposed that the Proposed Rule states: could be extremely small. For example, Department change its practice to rely Moreover, use of this average wage rate there were five countries with GNI less on ‘‘labor cost’’ figures from Chapter 6 will contribute to both the fairness and than US$1,000 in the Department’s 2005 of the ILO’s Yearbook of Labour the predictability of NME proceedings. calculation. A regression based on an Statistics or, failing that, that the By avoiding the variability in results depending on which economically extremely small basket of countries Department should only use data from comparable country happens to be would be highly dependent on each and Chapter 5 that captures ‘‘employee selected as the surrogate, the results are every data point. The inclusion or earnings’’ rather than both earnings and much fairer to all parties. To enhance exclusion of any one country could have wages. CSUSTL also noted that in order predictability, the average wage to be an extreme effect on the regression to capture all factors of production and applied in any NME proceeding will be results. As described below, the other costs, the Department’s calculated by the Department each year, Department screens the available data calculation of surrogate financial ratios based on the most recently available every year to ensure that they meet a must be adjusted according to the labor data, and will be available to any interested party. number of important data suitability cost elements that are included in the criteria. Therefore, the number and Department’s expected NME wage rates. See Proposed Rule, at 7345. composition of the countries in the PRC MOFCOM et. al.’s comment that Statement of Policy basket may vary unavoidably from year the Department should abandon its to year. A larger basket minimizes this Section 733(c) of the Act provides that regression–based calculation of potential for dramatic year–to-year the Department will value the factors of expected NME wage rates in favor of the variability. production in an NME using the best use of a single surrogate value for wage Relative basket size would not be available information regarding the rates would contravene the such a critical factor if there were a value of such factors in a market Department’s regulations, which direct perfect correlation between GNI and economy country or countries the Department to use regression–based wages. If this were the case, a precise considered to be appropriate by the labor rates. In addition, as the regression line could be derived from administering authority. The statute Department noted in the Proposed Rule, suitable data from only two countries. only requires that when valuing the while there is a strong positive However, while there is a strong world– factors of production, the Department correlation between wage rates and GNI, wide relationship between wages and utilize, to the extent possible, the prices there is also variation in the wage rates GNI (the r–square for the Department’s or costs of factors of production in one of comparable market economies. For 2005 calculation was .92, indicating an or more market economy countries that example, the Department’s November extremely strong relationship between are at a level of comparable economic 2005 regression illustrates that the GNI and wages), there is nevertheless development. See Section 733(c)(4) of observed hourly wage rates for market variability in the data. For example, in the Act. economy countries with national the Department’s 2005 calculation, While surrogate values for other incomes below US$1,000 ranged from observed wages did not increase in factors of production are selected from US$0.23 to US$0.94. See http:// lockstep with increases in GNI in the a single surrogate country, the ia.ita.doc.gov/wages/03wages/110805– five countries with GNI less than Department determined in its Final Rule 2003–Tables/03wages–110805.html. US$1,000: Pakistan, with a GNI of that it would be more accurate to base Therefore, if the Department adopted US$520, had reported a wage of estimated labor values on data from this suggestion in a proceeding US$0.38 per hour while Sri Lanka, with many countries, stating that ‘‘more data involving an NME country with a GNI a GNI of US$930, had reported a wage is better than less data, and that under US$1,000, values for labor might of US$0.34 per hour. As stated above, a averaging of multiple data points (or range from US$0.23 to US$0.94, larger basket minimizes the effects of regression analysis) should lead to more depending on which economically any single data point and, thereby, accurate results in valuing any factor of comparable country is selected as the better captures the global relationship production. However, it is only for labor surrogate. See Proposed Rule at 7345. between wages and GNI. More data is,

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therefore, better than less data for the The Department also notes that the and fairness. All such data must meet purposes of the Department’s regression ILO defines ‘‘earnings’’ under Chapter 5 the Department’s suitability analysis, provided it is suitable and of its Yearbook of Labour Statistics as requirements described below, which reliable data. being inclusive of ‘‘wages,’’ and as include contemporaneity and that the For this reason, consistent with the including both bonuses and gratuities. data cover both men and women and all regulation and the statute, the The Department agrees with CSUSTL reporting industries in the country. Department’s methodology relies on a that, in order to ensure that its Under its practice heretofore, the significantly larger basket of countries. calculation of expected NME wage rates Department includes data from Chapter This maximizes the accuracy of the accurately reflects the remuneration 5 of the ILO Yearbook of Labour regression results, minimizes the effects received by workers, it should rely on Statistics that has been reported within of the potential year–to-year variability ‘‘earnings,’’ not ‘‘wages.’’ five years of the Base Year, thereby in the basket, and provides Chapter 6 data, on the other hand, considering a total of six years of data. predictability and fairness. Importantly, includes all costs to the producer (As described below in Attachment 1, the Department notes that economic related to labor including wages, the ‘‘Base Year’’ is the year upon which comparability is established in the benefits, housing, training, etc. As the regression data are based and is two regression calculation through the GNI described below, the Department is years prior to the year in which the of the NME in question, which ensures already capturing as much of such labor Department conducts its regression that the result represents a wage rate for costs as possible in its financial ratio analysis.) In the course of reviewing its a country economically comparable to calculations. The Department notes methodology, the Department has the NME. further that significantly fewer countries concluded that the inflation of data up With regard to the use of an report Chapter 6 labor data than report to five years potentially reduces the alternative regression methodology, the Chapter 5b labor data. As of August accuracy of the calculation. Wage data Department notes that in its Proposed 2006, 15 market economy countries had that are potentially six years old may Rule, the Department explicitly stated reported 2004 Chapter 6 data, while 65 not represent the wage dynamics in that it would utilize an OLS regression market economy countries had reported labor markets today. The Department analysis. See Proposed Rule, at 7345. 2004 Chapter 5b data. Chapter 6 believes that, given the significant OLS regression analysis is a commonly therefore results in a significantly availability of more contemporaneous used analytical tool that is a basic smaller basket of countries for which data, inflating old data is no longer component of any statistical analysis reliable data is available and may not necessary in order to achieve an package. Like all statistical tools, the accurately capture the global average of acceptably large basket of countries. For OLS analysis has certain limitations and costs associated with labor. example, over 50 countries reported cannot account for all characteristics of The Department agrees with CSUSTL, suitable data within one year of 2003. any given dataset, including however, that in order to ensure that The Department expects that the heteroscedasticity. One of the labor costs not included in the ILO number of countries that meet the assumptions of the OLS regression defined ‘‘earnings’’ are accounted for in Department’s suitability requirements analysis is that the variance of the error its calculation of normal value, it is best will increase over time, as a greater terms is constant across observations. If to adjust, where possible, the surrogate number of countries report wage data to the variance of the error terms is not financial ratios employed by the ILO in a reliable manner. constant, the error terms are considered Department to value overhead expenses, Therefore, in its revised methodology, heteroscedastic. selling, general and administrative the Department will only rely on ILO The data set upon which the (‘‘SG&A’’) expenses, and profit. wage data that have been reported Department bases its regression analysis Accordingly, it is the Department’s within one year prior to the Base Year, changes on an annual basis. The practice to categorize all individually thereby considering a total of two years Department does not consider it identifiable labor costs not included in of data. prudent, especially in light of its stated the ILO’s definition of ‘‘earnings’’ under intention to use an OLS analysis, to Chapter 5 of the Yearbook of Labour Revision of Methodology decide on a year–by-year basis whether Statistics as overhead expenses. See Pursuant to the comments received or not the level of heteroscedasticity in Folding Metal Tables and Chairs from and the Department’s analysis thereof, a given year’s data would weigh in favor the People’s Republic of China: Final effective for the 2006 calculation of of using a GLS regression analysis. Results of Antidumping Duty expected NME wage rates, the Instead, the OLS regression analysis Administrative Review, 71 FR 2905 Department will make the following allows the Department to rely on a (January 18, 2006) and accompanying revisions to its methodology: simple, easily–duplicated methodology Issues and Decision Memorandum, at 1. The Department will only use that enhances the fairness, predictability comment 1. Such adjustments are fact– earnings data reported in Chapter and transparency of the Department’s specific in nature and subject to 5b of the ILO statistics. antidumping duty calculations, while available information on the record. 2. The basket of countries upon which also ensuring their accuracy. Specifically, where warranted, the wage regression is based will With regard to the CSUSTL comment individually identifiable labor costs in include data from all market that the Department should rely on the surrogate financial statements which economy countries that meet the ‘‘labor cost’’ figures from Chapter 6 of are not included in ‘‘earnings’’ are criteria described below and that the ILO’s Yearbook of Labour Statistics, categorized as overhead or SG&A have been reported within 1 year the Department notes that the ILO expenses for purposes of the prior to the Base Year. defines data under ‘‘Chapter 5b: Wages Department’s calculation of surrogate 3. Each year, the Department’s annual in Manufacturing’’ as wages and financial ratios. calculation of expected NME wage bonuses, i.e., pre–tax monetary Finally, the Department agrees that rates will be subject to public notice remuneration received by the employee. the basket of countries upon which the prior to the adoption of the This is the data set that the Department regression is based should be expanded resulting expected NME wage rates relies upon in its calculations of to include all countries for which data for use in antidumping proceedings. expected NME wage rates. are available in order to ensure accuracy Comment will be requested only

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with regard to potential clerical relies upon four distinct data series: (A) industries. This is indicated in the errors in the Department’s country–specific wage rate (earnings) database by a value of ‘‘Total’’ for the calculation in light of its stated data from Chapter 5B of the ‘‘Sub–Classification’’ parameter. revised methodology. International Labor Organization’s If there is more than one record in the Accordingly, the Department intends (‘‘ILO’’) Yearbook of Labour Statistics; ILO database that meet these three to publish its 2006 expected NME wage (B) country–specific consumer price requirements, the Department will rates on its website in the autumn of index (‘‘CPI’’) data from the choose the data point from the Base 2006, together with a notice in the International Financial Statistics of the Year over data from the prior year. At Federal Register requesting comment International Monetary Fund (‘‘IMF’’); times, there is more than one data with regard to potential clerical errors in (C) exchange rate data from the IMF’s record in the ILO database that is both light of the revised methodology International Financial Statistics; and (1) reported in the same, most described below. The Department (D) country–specific GNI data from the contemporaneous year and (2) meet the intends to finalize its calculations World Development Indicators of the three required criteria above. In such within one month thereafter. World Bank (‘‘WB’’). cases, the Department chooses a single The Department’s methodology is The wage rate data described above data point by prioritizing the following described in full in below. are converted to hourly wage rates and three parameters, described in greater adjusted using CPI data to be detail below: (1) ‘‘Worker Coverage,’’ The Expected NME Wage Rate i.e., coverage of different types of Methodology representative of the current Base Year. The data are then converted to U.S. workers; (2) ‘‘Type of Data,’’ i.e., the The Department’s regulations dollars using the appropriate exchange unit of time for which the wage is generally describe the methodology by rate data. A regression analysis is reported; and, (3) ‘‘Source ID,’’ i.e., a which the Department calculates ultimately run on these adjusted wage code for the source of the data. expected NME wages: rate data and GNI. The following For example, for the parameter For labor, the Secretary will use sections describe each data series and ‘‘Worker Coverage,’’ the Department regression–based wage rates reflective of how it is used. considers ‘‘wage earners’’ to be the best the observed relationship between wages measurement for calculating expected and national income in market economy (A) Wage Data NME wages and prioritizes such data countries. The Secretary will calculate For every country for which data is over ‘‘employees,’’ ‘‘salaried the wage rate to be applied in non– available and suitable (as described employees’’ and ‘‘total employment,’’ in market economy proceedings each year. below), the Department chooses a single that order. The calculation will be based on current wage rate that represents a broad When the values for all parameters data, and will be made available to the listed above are equal, the Department public. measure of wages for that country. The Department will choose data that is prioritizes data reported on an hourly 19 CFR 351.408 (c)(3). either contemporaneous with the Base basis over that reported on a daily, In accordance with Section Year or one year prior. Thus, the weekly and monthly basis, in that order, 351.408(c)(3), the Department annually Department limits its selection of data to for the parameter ‘‘Type of Data.’’ calculates expected NME wages in two a two year period. Through this choice, the Department steps. First, the Department uses an The ILO Chapter 5B database minimizes potential error due to ordinary least squares regression categorizes data under a number of converting daily, weekly or monthly analysis to estimate a linear relationship parameters.3 The Department prioritizes wages to hourly wages. between per–capita GNI and hourly these parameters in order to arrive at a When the values for all parameters wages in market economy (‘‘ME’’) single wage rate for each country listed above are equal, the Department countries. Second, the Department uses representing the broadest possible prioritizes data classified under the the results of the regression and NME measure of wages. As such, there are International Standard Industrial GNI data to estimate hourly wage rates three criteria that all data must meet in Classification (ISIC) Revision 3 (ISIC for NME countries. order to be considered suitable for the Rev.3–D) over ISIC Revision 2 (ISIC Rev. There is usually a two-year interval Department’s regression analysis. 2–3). ISIC Rev. 3–D was revised in 1989 between the current year and the most First, under the category ‘‘Type of and is a more recent classification recent reporting year of the data Data,’’ the Department will only use standard than the 1968 ISIC Rev. 2–3. required for this methodology due to the data that is reported in ‘‘earnings.’’ See http://unstats.un.org/unsd/cr/ practices of the respective data sources. Second, under the category ‘‘Sex,’’ the family2.asp?Cl=2 and http:// The Department bases its regression Department will only use data that laborsta.ilo.org/applv8/data/isic2e.html. analysis on this most recent reporting cover both men and women.4 Finally, when the values for all year, which the Department refers to as Third, under the category ‘‘Sub– parameters listed above are equal, the the ‘‘Base Year.’’ For example, the Classification,’’ the Department will Department prioritizes data with a Department relied upon data from 2001 only use data that represent all reported ‘‘Source ID’’ value of ‘‘no value’’ over to calculate expected NME wages in ‘‘1,’’ ‘‘2’’ and ‘‘3,’’ in that order. 2003, i.e., the ‘‘Base Year’’ for the 2003 3 For example, ‘‘Type of Data,’’ i.e., whether the The ILO data that are not reported on calculation was 2001. In practice, the data reported is ‘‘earnings’’ or ‘‘wages,’’’ ‘‘Sex,’’ i.e., an hourly basis are converted to an ‘‘Base Year,’’ i.e., the year upon which male/female coverage; ‘‘Sub-Classification,’’ i.e. , hourly basis based on the premise that the regression data are based, is two coverage of different types of industry; ‘‘Worker there are 8 working hours per day, 5.5 Coverage,’’ i.e. , coverage of different types of years prior to the year in which the workers, such as wage earners or salaried working days a week and 24 working Department conducts its regression employees; ‘‘Type of Data,’’ i.e., the unit of time for days per month. analysis. which the wage is reported, such as per hour or per month; and, ‘‘Source ID,’’ i.e., a code for the source (B) CPI Data 1. Regression Analysis of the data; ‘‘Source,’’ i.e., the original survey source Once hourly figures have been of the data and ‘‘Classification,’’ i.e., the industrial The Department’s regression analysis, classification. calculated based on the wage rate data which describes generally the 4 The Department does not consider values of discussed above, the wages are adjusted relationship between wages and GNI, ‘‘Indices, Men and Women’’ for this parameter. to the Base Year on the basis of the

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Consumer Price Index for each country, above to arrive at an estimated wage rate certain parties have argued that the as reported by the IMF’s International for the NME. This is done for each NME. Department should allocate the total Financial Statistics. This adjustment is amount of relevant drawback received Issue Three: Duty Drawback made for any wage rate data not to total exports, regardless of reported for the Base Year. Background destination, to ensure that the adjustment claimed on U.S. sales is not (C) Exchange Rate Data With respect to the duty drawback adjustment, the Department is directed overstated. See, e.g., CORE from Korea, These inflation–adjusted wage data, by section 772(c)(1)(B) of the Act, which Issues and Decision Memorandum at which are denominated in each states that ‘‘{t}he price used to establish comment 2. country’s national currency, are then export price and constructed export Some parties argued, for example, for converted to U.S. dollars using Base price shall be -- (1) increased by … (B) application of a ‘‘reasonableness’’ Year period–average exchange rates the amount of any import duties standard in this regard. They claim that, while an adjustment in the full amount reported by the IMF’s International imposed by the country of exportation of the duty drawback received should be Financial Statistics. which have been rebated, or which have Thus, using (A) wage data, (B) CPI made when the foreign producer can not been collected, by reason of the data and (C) exchange rate data, directly trace particular imported duty– exportation of the subject merchandise discussed above, the Department arrives paid inputs through the subsequent to the United States.’’ at hourly wages, denominated in U.S. production process and into particular Based upon this statutory language, dollars and adjusted for inflation for finished goods that are exported to the the Department applies a two–prong test each country for which all the above United States, this is an unlikely to determine entitlement to a duty data are available. situation. Because it is more likely that drawback adjustment. That is, the party Finally, once the data have been exported goods may or may not actually claiming such adjustment must converted to U.S. dollars per hour and have incorporated the imported input, a establish that: (1) the import duty paid adjusted for inflation, it is the reasonable approach would involve and the rebate payment are directly Department’s practice to eliminate allocating the drawback received to all values that could not possibly be linked to, and dependent upon, one exports that may have incorporated the reflective of actual wage levels or values another (or the exemption from import duty–paid input in question. By doing that vary in either direction in the duties is linked to exportation); and (2) so, these commenters claim, the extreme from year to year (and which there were sufficient imports of the Department would reasonably avoid probably reflect errors in the original imported raw material to account for the excessive claims for drawback source data). For example, if a country drawback received upon the exports of adjustments in antidumping is found to have average wage levels of the manufactured product. See, e.g., calculations. These commenters further US$0.01 per hour, the Department Notice of Final Results of the Eleventh suggest that parties claiming favorable would eliminate that value as Administrative Review of the adjustments such as claims based upon erroneous. Antidumping Duty Order on Certain duty drawback carry the burden of proof Corrosion–Resistant Carbon Steel Flat in this regard. See Statement of (D) GNI Data Products from the Republic of Korea, 71 Administrative Action, H. Doc. 103– The Department uses Base Year GNI FR 7513 (February 13, 2006) and 316, 103d Cong. 2d Sess., 829 (1994) data for each of the countries in the accompanying Issues and Decision (‘‘{A}s with all adjustments which Department’s analysis, as reported by Memorandum, at comment 2 (‘‘CORE benefit a responding firm, the the WB. GNI data are denominated in from Korea’’). Moreover, the courts have respondent must demonstrate the U.S. dollars current for the Base Year. sustained the Department’s traditional appropriateness of such adjustment.’’). The WB defines GNI per capita as two–prong test. See, e.g., Wheatland The Department agrees with these equivalent to gross national product Tube Company v. United States, 414 F. commenters and proposes to modify its (‘‘GNP’’) per capita, which is ‘‘the dollar Supp. 2d 1271, 1287 (CIT 2006); Allied approach by limiting the duty drawback value of a country’s final output of Tube & Conduit Corp. v. United States, adjustment in certain circumstances. goods and services in a year divided by 374 F. Supp. 2d 1257, 1261 (CIT 2005); The Department generally agrees that it its population.’’ Allied Tube & Conduit Corp. v. United should allocate the total amount of duty The Department conducts its linear, States, 132 F. Supp. 2d 1087, 1093 (CIT drawback received across all exports ordinary least squares regression 2001); Far East Machinery Co., Ltd. v. that may have incorporated the duty– analysis using the Base Year wages per United States, 699 F. Supp. 309, 311 paid input in question, regardless of hour in U.S. dollars discussed above (CIT 1988); Carlisle Tire & Rubber Co. v. destination, to ensure that the and Base Year GNI per capita in U.S. United States, 657 F. Supp. 1287, 1289– adjustment claimed on U.S. sales is not dollars to arrive at the following 90 (CIT 1987). overstated. Absent such a limitation, the equation: Wage[i] = Y–intercept + X– The Department previously requested Department is concerned that its current coefficient * GNI. The X–coefficient and received comments regarding its practice of permitting an adjustment to describes the slope of the line estimated practice with respect to duty drawback export price and constructed export by the regression analysis, while the Y– adjustments to export price in price for all duty drawback received, intercept is the point on the Y–axis antidumping proceedings. See Duty whether or not it is related to U.S. sales, where the regression line intercepts the Drawback Practice in Antidumping is an inappropriate application of its Y–axis. The results of this regression Proceedings, 70 FR 37764 (June 30, statutory authority to account for the analysis describe generally the 2005) and Duty Drawback Practice in effects of foreign drawback programs on relationship between hourly wages and Antidumping Proceedings, 70 FR 44563 price differentials between normal value GNI. (August 3, 2005). Among other things, and U.S. price. Furthermore, the the Department requested comments on Department is concerned that the 2. Application of Regression Results to the appropriate methodology to apply adjustment could be manipulated by NME GNI Data when duty drawback is claimed for certain parties for purposes of obtaining The Department applies the NME some, but not all, exports incorporating a more favorable dumping margin. Base Year GNI to the equation presented the input in question. In past cases, However, the Department will continue

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to permit a full adjustment for duty Dated: October 11, 2006. is on development of new data drawback received should the foreign David M. Spooner, visualizations and platforms will not be producer claiming such adjustment Assistant Secretary for Import considered for funding through this demonstrate that it can directly trace the Administration. announcement. Please visit http:// particular imported duty–paid inputs [FR Doc. E6–17376 Filed 10–18–06; 8:45 am] www.oesd.noaa.gov/funding_opps.html through the subsequent production BILLING CODE 3510–DS–S for information on additional funding process and into particular finished opportunities in those areas. This goods that are exported to the United funding opportunity meets NOAA’s States. The Department welcomes DEPARTMENT OF COMMERCE Mission Goal to protect, restore and comment on this proposed manage the use of coastal and ocean methodology. National Oceanic and Atmospheric resources through ecosystems-based Administration DEADLINE FOR SUBMISSION OF management. COMMENTS (on duty drawback): [Docket No. 050317077–6264–03; I.D. DATES: The deadline for preliminary November 17, 2006. 101306D] proposals is 5 p.m., e.s.t., November 29, 2006. The deadline for full applications Comments (Duty Drawback Issue Only) Environmental Literacy Grants for is 5 p.m., e.s.t. on March 21, 2007. Free-Choice Learning Persons wishing to comment should ADDRESSES: Pre-proposals may be file a signed original and six copies of AGENCY: Office of Education (OED), submitted through Grants.gov (http:// each set of comments by the date Office of the Undersecretary of www.grants.gov), or if an applicant does specified above. The Department will Commerce for Oceans and Atmosphere not have Internet access, three copies consider all comments received before (USEC), National Oceanic and must be mailed to Attn: ELG the close of the comment period. Atmospheric Administration (NOAA), Competition Manager, DOC/NOAA, Comments received after the end of the Commerce. Office of Education, 1401 Constitution comment period will be considered, if ACTION: Notice of funding availability. Avenue, NW., Room 6863, Washington, possible, but their consideration cannot DC 20230. Please note that hard copies be assured. The Department will not SUMMARY: NOAA’s Office of Education submitted via the U.S. Postal Service accept comments accompanied by a (OED) is requesting applications for can take up to 4 weeks to reach this request that a part or all of the material environmental literacy projects in office, therefore applicants are be treated confidentially because of its support of free-choice learning. The recommended to send hard copies via business proprietary nature or for any proposed projects should support expedited shipping methods (e.g, other reason. The Department will NOAA’s vision which is: an informed Airborne Express, DHL, Fed Ex, UPS). Full applications may be submitted return such comments and materials to society that uses a comprehensive through Grants.gov (http:// the persons submitting the comments understanding of the role of the ocean, www.grants.gov), or if an applicant does and will not consider them in coasts, and atmosphere in the global not have Internet access, one hard copy development of any changes to its ecosystem to make the best social and should be sent to Attn: ELG Competition methodology. All comments responding economic decisions. Successful projects Manager, DOC/NOAA Office of to this notice will be a matter of public should reach significant segments of the Education, 1401 Constitution Avenue, record and will be available for public U.S. population at a State, multi-state or NW., Room 6863, Washington, DC inspection and copying at Import national level. The environmental literacy messages should clearly convey 20230. If submitting a hard copy, Administration’s Central Records Unit, applicants are requested to provide a Room B–099, between the hours of 8:30 how the Earth system influences a project’s target audience, how the target CD–ROM of the application, including a.m. and 5 p.m. on business days. The scanned signed forms or forms with Department requires that comments be audience is influencing the Earth system and how an environmentally literate electronic signatures. This submitted in written form. The announcement will also be available at: Department recommends submission of public can make informed decisions. The goal of these projects should be to http://www.oesd.noaa.gov/ comments in electronic form to funding_opps.html or by contacting the accompany the required paper copies. provide adequate information to move the audience’s knowledge beyond basic program official identified in FOR Comments filed in electronic form FURTHER INFORMATION CONTACT. should be submitted either by e–mail to awareness while reaching audiences FOR FURTHER INFORMATION CONTACT: the webmaster below, or on CD–ROM, sufficient in size with a message that Sarah Schoedinger at as comments submitted on diskettes are promotes such a change. Funded [email protected], telephone likely to be damaged by postal radiation projects will last between one and five 704–370–3528 or Alyssa Gundersen at treatment. years in duration and will create new, or capitalize on existing, networks of [email protected], telephone Comments received in electronic form institutions, agencies and/or 202–482–3739. will be made available to the public in organizations to provide common SUPPLEMENTARY INFORMATION: NOAA’s Portable Document Format (PDF) on the messages about key concepts in Earth Office of Education (OED) is requesting Internet at the Import Administration System Science, for example the Ocean applications for environmental literacy Web site at the following address: Literacy Essential Principles and projects in support of free-choice http://ia.ita.doc.gov/. Fundamental Concepts (http:// learning. The proposed projects should Any questions concerning file www.coexploration.org/oceanliteracy/ support NOAA’s vision which is: an formatting, document conversion, documents/ informed society that uses a access on the Internet, or other OceanLitConcepts_10.11.05.pdf). comprehensive understanding of the electronic filing issues should be Applications for exhibits involving role of the ocean, coasts, and addressed to Andrew Lee Beller, Import construction of part or all of a building atmosphere in the global ecosystem to Administration Webmaster, at (202) are not eligible for funding under this make the best social and economic 482–0866, e–mail address: webmaster– announcement. Formal education decisions. Successful projects should [email protected]. projects and projects whose main focus reach significant segments of the U.S.

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population at a State, multi-state or www.oesd.noaa.gov/funding_opps.html, schools and school systems, and science national level. The environmental or by contacting the program official centers and museums. For profit literacy messages should clearly convey identified in FOR FURTHER INFORMATION organizations, foreign institutions, how the Earth system influences a CONTACT. foreign organizations and foreign project’s target audience, how the target government agencies are not eligible to Electronic Access audience is influencing the Earth system apply. Federal agencies are not eligible and how an environmentally literate The full text of the full funding to receive Federal assistance under this public can make informed decisions. opportunity announcement for this OED announcement, but may be project The goal of these projects should be program can be accessed via the partners. DOC/NOAA is strongly to provide adequate information to Grants.gov Web site. That committed to increasing the move the audience’s knowledge beyond announcement will also be available at participation of Minority Serving basic awareness while reaching the NOAA Web site: http:// Institutions (MSIs), i.e., Historically audiences sufficient in size with a www.oesd.noaa.gov/funding_opps.html Black Colleges and Universities, message that promotes such a change. or by contacting the program officials Hispanic-serving institutions, Tribal The proposed mechanisms for delivery identified under FOR FURTHER colleges and universities, Alaskan of these messages may include, but are INFORMATION CONTACT. Applicants must Native and Native Hawaiian not limited to, public literacy comply with all requirements contained institutions, and institutions that work campaigns, kiosks or traveling exhibits, in the full funding opportunity in underserved communities. OED and/or the revision of existing programs announcement. This Federal Register encourages applications that involve that would be made available at notice is available through the NOAA any of the above institutions. An multiple venues. Funded projects will home page at: http://www.noaa.gov/. individual may serve as a principal last between one and five years in Statutory Authority: 15 U.S.C. 1540. investigator (PI) in only one application duration and will create new, or for this funding opportunity, however CFDA: 11.469, Congressionally capitalize on existing, networks of individuals may serve as co-PIs or key Identified Awards and Projects. institutions, agencies and/or personnel in an unlimited number of organizations to provide common Funding Availability applications. Institutions may serve as a messages about key concepts in Earth NOAA announces the availability, PI or co-PI in an unlimited number of System Science, for example the Ocean applications. Literacy Essential Principles and contingent upon FY 2007 Fundamental Concepts. appropriations, of approximately Cost Sharing Requirements (http://www.coexploration.org/ $1,500,000 of Federal financial There are no cost-sharing oceanliteracy/documents/ assistance in FY 2007 for free-choice requirements. OceanLitConcepts_10.11.05.pdf). learning projects. Approximately 2 to 5 Applications for exhibits involving awards in the form of grants or Preliminary Proposals and Full construction of part or all of a building cooperative agreements will be made Application Requirements are not eligible for funding under this through this project solicitation. NOAA Applicants must submit pre-proposals announcement. Formal education will only consider projects that have a for review to prevent the expenditure of projects and projects whose main focus duration of 1 to 5 years. The total effort on proposals that may not be is on development of new data Federal amount for all years that may be successful. All applicants will receive a visualizations and platforms will not be requested from NOAA for the direct and response to their pre-proposal via e-mail considered for funding through this indirect costs of the proposed project or letter indicating whether they are announcement. Please visit http:// shall not exceed $750,000. The authorized to submit a full application. _ www.oesd.noaa.gov/funding opps.html minimum Federal amount that must be Only those who submit pre-proposals for information on additional funding requested from NOAA for all years for are eligible to submit a full application. opportunities in those areas. All projects the direct and indirect costs is $200,000. The provisions for pre-proposal and full shall employ the relevant strategies Applications requesting Federal support application preparation are mandatory. articulated in the NOAA Education Plan from NOAA of less than $200,000 total Additional guidance, including (http://www.oesd.noaa.gov/ or more than $750,000 total will not be frequently asked questions (FAQ), is _ _ NOAA Ed Plan.pdf). All projects considered for funding. available online at http:// should be implemented at a State, Publication of this notice does not www.oesd.noaa.gov/funding_opps.html. multi-state or national level and have oblige the Department of Commerce/ evaluations that fully assess the National Oceanic and Atmospheric Evaluation and Selection Procedures strengths and weaknesses of the Administration (DOC/NOAA) to award The general evaluation criteria and proposed project. It is anticipated that any specific project or to obligate any selection factors that apply to both pre- final recommendations for funding available funds. If an applicant incurs proposals and full applications to this under this announcement will be made any costs prior to receiving an award funding opportunity are summarized by June 30, 2007, and that projects agreement signed by an authorized below. The evaluation criteria for pre- funded under this announcement will NOAA Grants Officer, the applicant proposals and full applications will have a start date no earlier than would do so solely at one’s own risk of have different weights and details. September 15, 2007. This funding such costs not being included under the Further information about the opportunity meets NOAA’s Mission award. evaluation criteria and selection factors Goal to protect restore and manage the Eligibility can be found in the full funding use of coastal and ocean resources opportunity announcement. through ecosystems-based management. Eligible applicants are institutions of A detailed description of the program higher education, other nonprofits, and Evaluation Criteria for Projects requirements may be found in the full State, local and Indian tribal 1. Importance and/or relevance and funding opportunity announcement that governments in the United States. applicability of proposed project to the can be accessed via the Grants.gov Web Among those eligible applicants are K program goals: This ascertains whether site, the NOAA Web site at http:// through 12 public and independent there is intrinsic value in the proposed

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work and/or relevance to NOAA, advice will be given by the review Federal funding opportunities. Detailed Federal, regional, State, or local panel. The Program Officer will neither information on NOAA compliance with activities. vote nor score applications as part of the NEPA can be found at the following 2. Technical/scientific merit: This review panel nor participate in NOAA NEPA Web site: http:// assesses whether the approach is discussion of the merits of any proposal. www.nepa.noaa.gov/, including our technically sound and/or innovative, if The Program Officer will make his/ NOAA Administrative Order 216–6 for the methods are appropriate, and her recommendations for funding based NEPA, http://www.nepa.noaa.gov/ whether there are clear project goals and on rank order and the selection factors NAO216_6_TOC.pdf, and the Council objectives. listed below to the Selecting Official for on Environmental Quality 3. Overall qualifications of applicants: the final funding decision. implementation regulations, http:// This ascertains whether the applicant ceq.eh.doe.gov/nepa/regs/ceq/ Selection Factors for Projects possesses the necessary education, toc_ceq.htm. Consequently, as part of an experience, training, facilities, and The panel review ratings shall applicant’s package, and under their administrative resources to accomplish establish the rank order that the description of their program activities, the project. Selecting Official will use for final applicants are required to provide 4. Project costs: The Budget is recommendation to the NOAA Grants detailed information on the activities to evaluated to determine if it is realistic Officer. The Selecting Official shall be conducted, locations, sites, species and commensurate with the project award in the rank order unless the and habitat to be affected, possible needs and time-frame. proposal is justified to be selected out construction activities, and any 5. Outreach and education: NOAA of rank order based upon one or more environmental concerns that may exist assesses whether this project provides a of the following factors: (e.g., the use and disposal of hazardous focused and effective education and 1. Availability of funding. or toxic chemicals, introduction of non- outreach strategy regarding NOAA’s 2. Balance/distribution of funds: indigenous species, impacts to mission to protect the Nation’s natural a. Geographically. endangered and threatened species, resources. b. By type of institutions. aquaculture projects, and impacts to c. By type of partners. coral reef systems). In addition to Review and Selection Process d. By research areas. providing specific information that will Pre-Proposal e. By project types. serve as the basis for any required 3. Whether this project duplicates impact analyses, applicants may also be Pre-proposals meeting the other projects funded or considered for requested to assist NOAA in drafting of requirements listed in FFO will be funding by NOAA or other Federal an environmental assessment, if NOAA evaluated by government and/or non- agencies. determines an assessment is required. government representatives, each 4. Program priorities and policy Applicants will also be required to having relevant expertise. The factors. cooperate with NOAA in identifying individual reviewers’ ratings shall be 5. Applicant’s prior award feasible measures to reduce or avoid any averaged for each application to performance. identified adverse environmental establish rank order for the Office of 6. Partnerships and/or Participation of impacts of their proposal. The failure to Education (OED) Program Officer. The targeted groups. do so shall be grounds for not selecting review panel will provide no consensus 7. Adequacy of information necessary an application. In some cases if advice. Decisions on whether to for NOAA staff to make a NEPA additional information is required after authorize or not authorize a full determination and draft necessary an application is selected, funds can be application will be based on the rank documentation before recommendations withheld by the Grants Officer under a order of the pre-proposals, unless for funding are made to the Grants special award condition requiring the choosing out of rank order is justified by Officer. recipient to submit additional the selection factors below. The Office environmental compliance information Intergovernmental Review of Education anticipates asking up to 30 sufficient to enable NOAA to make an applicants to submit full applications. Applications under this program are assessment on any impacts that a project Full applications from applicants who not subject to Executive Order 12372, may have on the environment. were not asked to submit them will not ‘‘Intergovernmental Review of Federal be reviewed or considered for funding. Programs.’’ The Department of Commerce Pre- award Notification Requirements for Full Application Limitation of Liability Grants and Cooperative Agreements Upon receipt of a full application by In no event will NOAA or the The Department of Commerce Pre- NOAA, an initial administrative review Department of Commerce be responsible Award Notification Requirements for will be conducted to determine for proposal preparation costs if these Grants and Cooperative Agreements compliance with requirements and programs fail to receive funding or are contained in the Federal Register notice completeness of the application. All cancelled because of other agency of December 30, 2004 (69 FR 78389), are applications that meet the minimum priorities. Publication of this applicable to this solicitation. eligibility requirements and that are announcement does not oblige NOAA to ascertained to be complete will be award any specific project or to obligate Paperwork Reduction Act evaluated and scored by independent any available funds. This document contains collection-of- reviewers. The reviews will be information requirements subject to the conducted by a panel of individuals, National Environmental Policy Act Paperwork Reduction Act (PRA). The who may be government or non- (NEPA) use of Standard Forms 424, 424A, 424B, government representatives, each NOAA must analyze the potential and SF–LLL and CD–346 has been having relevant expertise. The environmental impacts, as required by approved by the Office of Management individual reviewers’ ratings will be the National Environmental Policy Act and Budget (OMB) under the respective averaged for each application to (NEPA), for applicant projects or control numbers 0348–0043, 0348–0044, establish rank order. No consensus proposals which are seeking NOAA 0348–0040, 0348–0046, and 0605–0001.

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Notwithstanding any other provision classroom to improve student learning 704–370–3528 or Alyssa Gundersen at of law, no person is required to, nor of that subject. All projects shall employ [email protected], telephone shall a person be subject to a penalty for the relevant strategies articulated in the 202–482–3739. failure to comply with, a collection of NOAA Education Plan. All projects SUPPLEMENTARY INFORMATION: The information subject to the requirements should be implemented at a State or of the PRA unless that collection of multi-State level and have evaluations NOAA Office of Education (OED) is information displays a currently valid that fully assess the strengths and requesting applications for OMB control number. weaknesses of the proposed project. It is environmental literacy projects in anticipated that final recommendations support of K–12 education. Funded Executive Order 12866 for funding under this announcement projects will last between one and five This notice has been determined to be will be made by June 30, 2007, and that years in duration and will propose ways not significant for purposes of Executive projects funded under this to expand the amount of Earth System Order 12866. announcement will have a start date no Science taught in the classroom to improve student learning of that subject. Executive Order 13132 (Federalism) earlier than September 15, 2007. This funding opportunity meets NOAA’s Successful projects will catalyze change It has been determined that this notice Mission Goal to understand climate in K–12 education through development does not contain policies with variability and change to enhance of new programs and/or materials, and/ Federalism implications as that term is society’s ability to plan and respond. or revision of existing programs and/or defined in Executive Order 13132. DATES: The deadline for preliminary materials that result in the increased use Administrative Procedure Act/ proposals is 5 p.m., E.S.T., November of Earth System Science in K–12 Regulatory Flexibility Act 29, 2006. The deadline for full classrooms. Projects are encouraged to applications is 5 p.m., E.S.T. on March further the use of Earth System Science Prior notice and an opportunity for 21, 2007. concepts, such as the concepts public comment are not required by the ADDRESSES: Pre-proposals may be articulated in the Ocean Literacy Administrative Procedure Act or any Essential Principles and Fundamental other law for rules concerning public submitted through Grants.gov (http:// www.grants.gov), or if an application Concepts (See ADDRESSSES). Projects property, loans, grants, benefits, and might focus on the education of pre- contracts (5 U.S.C. 553(a)(2)). Because does not have Internet access, three copies may be mailed to ATTN: ELG service teachers or on the professional notice and opportunity for comment are Competition Manager, DOC/NOAA, development for in-service teachers. not required pursuant to 5 U.S.C. 553 or Office of Education, 1401 Constitution Projects might also propose ways to any other law, the analytical Avenue, NW., Room 6863, Washington, create and/or support the retention of requirements for the Regulatory DC 20230. Please note hard copies highly qualified teachers, e.g. creation of Flexibility Act (5 U.S.C. 601 et seq.) are submitted via the U.S. Postal Service an Earth System Science certification inapplicable. Therefore, a regulatory can take up to 4 weeks to reach this program, or propose new, or flexibility analysis has not been office therefore applicants are modification to existing, K–12 curricula prepared. recommended to send hard copies via and related instructional materials. Helen Hurcombe, expedited shipping methods (e.g, Projects focusing on pre-service Director, NOAA Acquisitions and Grants, U.S. Airborne Express, DHL, Fed Ex, UPS). education of teachers should involve Department of Commerce. Full applications may be submitted post-secondary institutions or other [FR Doc. E6–17535 Filed 10–18–06; 8:45 am] through Grants.gov (http:// entities that provide pre-service teacher BILLING CODE 3510–12–P www.grants.gov) or, if an applicant does education. Projects focusing on in- not have Internet access, one hard copy service teacher professional may be sent to ATTN: ELG Competition development should involve State or DEPARTMENT OF COMMERCE Manager, DOC/NOAA Office of local governments, such as school Education, 1401 Constitution Avenue districts, as appropriate. Projects National Oceanic and Atmospheric NW., Room 6863, Washington, DC focusing on the development of new, or Administration 20230. If submitting a hard copy, modification to existing, curricula and [Docket No. 050317077–6265–04; I.D. applicants are requested to provide a related instructional materials should be 101306C] CD–ROM of the application, including able to demonstrate how they will scanned signed forms or forms with address the relevant State standards, Environmental Literacy Grants for electronic signatures. This support State or national assessments, Formal K–12 Education announcement will also be available at: and be disseminated at the State or http://www.oesd.noaa.gov/ multi-State level. Projects that focus on AGENCY: Office of Education (OED), funding_opps.html or by contacting the free-choice learning or development of Office of the Undersecretary of program official identified in FOR new data visualizations and platforms Commerce for Oceans and Atmosphere FURTHER INFORMATION CONTACT. The will not be considered for funding (USEC), National Oceanic and NOAA Education Plan may be accessed through this announcement. Please visit Atmospheric Administration (NOAA), at: http://www.oesd.noaa.gov/ http://www.oesd.noaa.gov/ Commerce. NOAA_Ed_Plan.pdf. The document funding_opps.html for information on ACTION: Notice of funding availability. entitled Ocean Literacy Essential these additional funding opportunities. SUMMARY: The NOAA Office of Principles and Fundamental Concepts All projects shall employ the relevant Education (OED) is requesting may be accessed at http:// strategies articulated in the NOAA applications for environmental literacy www.coexploration.org/oceanliteracy/ Education Plan (See ADDRESSES). All projects in support of K–12 education. documents/ projects should be implemented at a _ Funded projects will last between one OceanLitConcepts 10.11.05.pdf. State or multi-State level and have and five years in duration and will FOR FURTHER INFORMATION CONTACT: evaluations that fully assess the propose ways to expand the amount of Sarah Schoedinger at strengths and weaknesses of the Earth System Science taught in the [email protected], telephone proposed project.

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It is anticipated that final State, local and Indian tribal Evaluation Criteria for Projects recommendations for funding under this governments in the United States. 1. Importance and/or relevance and announcement will be made by June 30, Among those eligible applicants are K applicability of proposed project to the 2007, and that projects funded under through 12 public and independent program goals: This ascertains whether this announcement will have a start date schools and school systems, and science there is intrinsic value in the proposed no earlier than September 15, 2007. This centers and museums. For profit work and/or relevance to NOAA, funding opportunity meets NOAA’s organizations, foreign institutions, Federal, regional, State, or local Mission Goal to understand climate foreign organizations and foreign activities. variability and change to enhance government agencies are not eligible to 2. Technical/scientific merit: This society’s ability to plan and respond. apply. Federal agencies are not eligible assesses whether the approach is Electronic Access to receive Federal assistance under this technically sound and/or innovative, if announcement, but may be project the methods are appropriate, and The full text of the full funding partners. DOC/NOAA is strongly whether there are clear project goals and opportunity announcement for this OED committed to increasing the objectives. program can be accessed via the participation of Minority Serving 3. Overall qualifications of applicants: Grants.gov Web site. That This ascertains whether the applicant announcement will also be available at Institutions (MSIs), i.e., Historically Black Colleges and Universities, possesses the necessary education, the NOAA Web site: http:// experience, training, facilities, and _ Hispanic-serving institutions, Tribal www.oesd.noaa.gov/funding opps.html administrative resources to accomplish or by contacting the program officials colleges and universities, Alaskan Native and Native Hawaiian the project. identified under FOR FURTHER 4. Project costs: The Budget is institutions, and institutions that work INFORMATION CONTACT. Applicants must evaluated to determine if it is realistic in underserved communities. comply with all requirements contained and commensurate with the project Applications are encouraged that in the full funding opportunity needs and time-frame. announcement. This Federal Register involve any of the above institutions. 5. Outreach and education: NOAA notice is available through the NOAA An individual may apply only once as assesses whether this project provides a home page at: http://www.noaa.gov/. principal investigator (PI) through this focused and effective education and funding opportunity, however Statutory Authority: 15 U.S.C. 1540. outreach strategy regarding NOAA’s individuals may serve as co-PIs or key mission to protect the Nation’s natural CFDA: 11.469, Congressionally personnel on more than one application. resources. Identified Awards and Projects. Institutions may serve as PIs or co-PIs Review and Selection Process Funding Availability on an unlimited number of applications. NOAA announces the availability, Cost Sharing Requirements Pre-Proposal contingent upon appropriations, of Pre-proposals meeting the approximately $3,000,000 of Federal There are no cost-sharing requirements listed in FFO will be financial assistance in FY 2007 for K– requirements. evaluated by government and/or non- 12 education projects. Approximately 4 Preliminary Proposals and Full government representatives, each to 6 awards in the form of grants or Application Requirements having relevant expertise. The cooperative agreements will be made. individual reviewers’ ratings shall be NOAA will only consider projects that Applicants must submit pre-proposals averaged for each application to have a duration of 1 to 5 years. The total for review to prevent the expenditure of establish rank order for the Office of Federal amount for all years that may be effort on proposals that may not be Education (OED) Program Officer. The requested from NOAA for the direct and successful. All applicants will receive a review panel will provide no consensus indirect costs of the proposed project response to their pre-proposal via e-mail advice. Decisions on whether to shall not exceed $750,000. The or letter indicating whether they are authorize or not authorize a full minimum Federal amount that must be authorized to submit a full application. application will be based on the rank requested from NOAA for all years for Only those who submit pre-proposals order of the pre-proposals, unless the direct and indirect costs is $200,000. are eligible to submit a full application. choosing out of rank order is justified by Applications requesting Federal support The provisions for pre-proposal and full the selection factors below. The Office from NOAA of less than $200,000 total application preparation are mandatory. of Education anticipates asking up to 30 or more than $750,000 total will not be Additional guidance, including applicants to submit full applications. considered for funding. frequently asked questions (FAQ), is Full applications from applicants who Publication of this notice does not available online at http:// were not asked to submit them will not oblige the Department of Commerce/ www.oesd.noaa.gov/funding_opps.html. be reviewed or considered for funding. National Oceanic and Atmospheric Full Application Administration (DOC/NOAA) to award Evaluation and Selection Procedures any specific project or to obligate any Upon receipt of a full application by available funds. If an applicant incurs The general evaluation criteria and NOAA, an initial administrative review any costs prior to receiving an award selection factors that apply to both pre- will be conducted to determine agreement signed by an authorized proposals and full applications to this compliance with requirements and NOAA Grants Officer, the applicant funding opportunity are summarized completeness of the application. All would do so solely at one’s own risk of below. The evaluation criteria for pre- applications that meet the minimum such costs not being included under the proposals and full applications will eligibility requirements and that are award. have different weights and details. ascertained to be complete will be Further information about the evaluated and scored by independent Eligibility evaluation criteria and selection factors reviewers. The reviews will be Eligible applicants are institutions of can be found in the full funding conducted by a panel of individuals, higher education, other nonprofits, and opportunity announcement. who may be government or non-

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government representatives, each National Environmental Policy Act Paperwork Reduction Act having relevant expertise. The (NEPA) This document contains collection-of- individual reviewers’ ratings will be NOAA must analyze the potential information requirements subject to the averaged for each application to Paperwork Reduction Act (PRA). The environmental impacts, as required by establish rank order. No consensus use of Standard Forms 424, 424A, 424B, the National Environmental Policy Act advice will be given by the review and SF–LLL and CD–346 has been panel. The Program Officer will neither (NEPA), for applicant projects or approved by the Office of Management vote nor score applications as part of the proposals which are seeking NOAA and Budget (OMB) under the respective review panel nor participate in Federal funding opportunities. Detailed control numbers 0348–0043, 0348–0044, discussion of the merits of any proposal. information on NOAA compliance with 0348–0040, 0348–0046, and 0605–0001. The Program Officer will make his/ NEPA can be found at the following Notwithstanding any other provision her recommendations for funding based NOAA NEPA Web site: http:// of law, no person is required to, nor on rank order and the selection factors www.nepa.noaa.gov/, including our shall a person be subject to a penalty for listed below to the Selecting Official for NOAA Administrative Order 216–6 for failure to comply with, a collection of the final funding decision. NEPA, http://www.nepa.noaa.gov/ information subject to the requirements _ _ Selection Factors for Projects NAO216 6 TOC.pdf, and the Council of the PRA unless that collection of on Environmental Quality information displays a currently valid The panel review ratings shall implementation regulations, http:// OMB control number. establish the rank order that the ceq.eh.doe.gov/nepa/regs/ceq/ Executive Order 12866 Selecting Official will use for final toc_ceq.htm. Consequently, as part of an recommendation to the NOAA Grants applicant’s package, and under their This notice has been determined to be Officer. The Selecting Official shall description of their program activities, not significant for purposes of Executive Order 12866. award in the rank order unless the applicants are required to provide proposal is justified to be selected out detailed information on the activities to Executive Order 13132 (Federalism) of rank order based upon one or more be conducted, locations, sites, species of the following factors: It has been determined that this notice and habitat to be affected, possible does not contain policies with 1. Availability of funding. construction activities, and any Federalism implications as that term is 2. Balance/distribution of funds: environmental concerns that may exist defined in Executive Order 13132. a. Geographically; (e.g., the use and disposal of hazardous Administrative Procedure Act/ b. By type of institutions; or toxic chemicals, introduction of non- Regulatory Flexibility Act c. By type of partners; indigenous species, impacts to Prior notice and an opportunity for d. By research areas; endangered and threatened species, public comment are not required by the e. By project types. aquaculture projects, and impacts to coral reef systems). In addition to Administrative Procedure Act or any 3. Whether this project duplicates providing specific information that will other law for rules concerning public other projects funded or considered for serve as the basis for any required property, loans, grants, benefits, and funding by NOAA or other Federal impact analyses, applicants may also be contracts (5 U.S.C. 553(a)(2)). Because agencies. notice and opportunity for comment are requested to assist NOAA in drafting of 4. Program priorities and policy not required pursuant to 5 U.S.C. 553 or an environmental assessment, if NOAA factors. any other law, the analytical determines an assessment is required. requirements for the Regulatory 5. Applicant’s prior award Applicants will also be required to performance. Flexibility Act (5 U.S.C. 601 et seq.) are cooperate with NOAA in identifying inapplicable. Therefore, a regulatory 6. Partnerships and/or Participation of feasible measures to reduce or avoid any targeted groups. flexibility analysis has not been identified adverse environmental prepared. 7. Adequacy of information necessary impacts of their proposal. The failure to for NOAA staff to make a NEPA do so shall be grounds for not selecting Helen Hurcombe, determination and draft necessary an application. In some cases if Director, NOAA Acquisitions and Grants, U.S. documentation before recommendations additional information is required after Department of Commerce. for funding are made to the Grants an application is selected, funds can be [FR Doc. E6–17536 Filed 10–18–06; 8:45 am] Officer. withheld by the Grants Officer under a BILLING CODE 3510–12–P Intergovernmental Review special award condition requiring the recipient to submit additional Applications under this program are environmental compliance information DEPARTMENT OF DEFENSE not subject to Executive Order 12372, sufficient to enable NOAA to make an ‘‘Intergovernmental Review of Federal Office of the Secretary assessment on any impacts that a project Programs.’’ may have on the environment. TRICARE; Civilian Health and Medical Limitation of Liability The Department of Commerce Pre- Program of the Uniformed Services In no event will NOAA or the Award Notification Requirements for (CHAMPUS); Fiscal Year 2007 Diagnosis Related Group (DRF) Department of Commerce be responsible Grants and Cooperative Agreements for proposal preparation costs if these Updates programs fail to receive funding or are The Department of Commerce Pre- AGENCY: Office of the Secretary, DoD. Award Notification Requirements for cancelled because of other agency ACTION: Notice of DRG revised rates. priorities. Publication of this Grants and Cooperative Agreements announcement does not oblige NOAA to contained in the Federal Register notice SUMMARY: On October 12, 2006 the award any specific project or to obligate of December 30, 2004 (69 FR 78389), are Department of Defense published a any available funds. applicable to this solicitation. notice on Fiscal Year 2007 Diagnosis

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Related Group (DRF) Updates. This DEPARTMENT OF EDUCATION Collection and Reporting under ESEA, notice corrects an error for TRICARE Title I, Part A. Submission for OMB Review; DRG base payment rate. Frequency: Annually. FOR FURTHER INFORMATION CONTACT: Ann Comment Request Affected Public: State, Local, or Tribal N. Fazzini, Medical Benefits and AGENCY: Department of Education. Gov’t, SEAs or LEAs. Reimbursement Systems (TMA), telephone 303–676–3803. SUMMARY: The IC Clearance Official, Reporting and Recordkeeping Hour Regulatory Information Management Burden: Correction Services, Office of Management invites Responses: 43,285. In Federal Register at 71 FR 60112, comments on the submission for OMB the heading of the notice, DRF is review as required by the Paperwork Burden Hours: 6,688,814. corrected to read DRG. Reduction Act of 1995. Abstract: Title I, Part A of the At 71 FR 60113, paragraph E, $22.639 DATES: Interested persons are invited to Elementary and Secondary Education is corrected to read $22,649. All other submit comments on or before Act, as amended by the No Child Left information remains unchanged. November 20, 2006. Behind Act, requires State educational agencies (SEAs), local educational Dated: October 13, 2006. ADDRESSES: Written comments should agencies (LEAs), and schools to collect L.M. Bynum, be addressed to the Office of and disseminate information to Alternate OSD Federal Register Liaison Information and Regulatory Affairs, Officer, DoD. Attention: Rachel Potter, Desk Officer, document progress, inform parents and [FR Doc. 06–8767 Filed 10–18–06; 8:45 am] Department of Education, Office of the public about school, district, and State educational performance, and BILLING CODE 5001–06–M Management and Budget, 725 17th Street, NW., Room 10222, New provide services to students and Executive Office Building, Washington, teachers to help at-risk students meet DEPARTMENT OF DEFENSE DC 20503 or faxed to (202) 395–6974. challenging State achievement standards. The change in burden hours Office of the Secretary SUPPLEMENTARY INFORMATION: Section is primarily due to updated estimates of 3506 of the Paperwork Reduction Act of the time needed for SEA, LEA, and Membership of the Performance 1995 (44 U.S.C. Chapter 35) requires school implementation of statutory Review Board that the Office of Management and district and school improvement Budget (OMB) provide interested AGENCY: Missile Defense Agency (MDA), planning requirements and the statutory Federal agencies and the public an early requirement that local educational DoD. opportunity to comment on information ACTION: Notice. agencies notify parents of eligible collection requests. OMB may amend or students in schools in improvement of This notice announces the waive the requirement for public their public school choice and appointment of the members of the consultation to the extent that public supplemental educational services Performance Review Board (PRB) of the participation in the approval process option. The estimate also reflects hours would defeat the purpose of the Missile Defense Agency. The for new final regulations 200.6(b)(4)(i)(c) information collection, violate State or publication of PRB membership is and hours for the preparation of SEA Federal law, or substantially interfere required by 5 U.S.C. 4314(c)(4). and LEA report cards. The Performance Review Board (PRB) with any agency’s ability to perform its statutory obligations. The IC Clearance Requests for copies of the information provides fair and impartial review of collection submission for OMB review Senior Executive Service performance Official, Regulatory Information may be accessed from http:// appraisals and makes recommendations Management Services, Office of edicsweb.ed.gov, by selecting the regarding performance ratings and Management, publishes that notice ‘‘Browse Pending Collections’’ link and performance scores to the Director, containing proposed information by clicking on link number 3147. When MDA. collection requests prior to submission of these requests to OMB. Each you access the information collection, DATES: Effective Date: October 31, 2006. proposed information collection, click on ‘‘Download Attachments’’ to FOR FURTHER INFORMATION CONTACT: Gail grouped by office, contains the view. Written requests for information Gallant, MDA SES Program Manager, following: (1) Type of review requested, should be addressed to U.S. Department Missile Defense Agency, Arlington, e.g. new, revision, extension, existing or of Education, 400 Maryland Avenue, Virginia, (703) 693–1744. reinstatement; (2) Title; (3) Summary of SW., Potomac Center, 9th Floor, SUPPLEMENTARY INFORMATION: In the collection; (4) Description of the Washington, DC 20202–4700. Requests accordance with 5 U.S.C. 4314(c)(4), the need for, and proposed use of, the may also be electronically mailed to following executives are appointed to information; (5) Respondents and [email protected] or faxed to 202– the Missile Defense Agency PRB: frequency of collection; and (6) 245–6623. Please specify the complete Brigadier General Marvin K. McNamara, Reporting and/or Recordkeeping title of the information collection when Dr. Patricia Sanders, Mr. Keith burden. OMB invites public comment. making your request. Englander, Mr. Michael Cifrino, Dated: October 16, 2006. Comments regarding burden and/or Brigadier General Patrick O’Reilly. Angela C. Arrington, the collection activity requirements Executives listed will serve a one-year should be electronically mailed to term, effective October 31, 2006. IC Clearance Official, Regulatory Information Management Services, Office of Management. [email protected]. Individuals who Dated: October 13, 2006. use a telecommunications device for the C.R. Choate, Office of Elementary and Secondary deaf (TDD) may call the Federal Education Alternate OSD Federal Register Liaison Information Relay Service (FIRS) at 1– Officer, Department of Defense. Type of Review: Extension. 800–877–8339. [FR Doc. 06–8768 Filed 10–18–05; 8:45am] Title: State Educational Agency Local [FR Doc. 06–8785 Filed 10–18–06; 8:45 am] BILLING CODE 5001–06–M Educational Agency, and School Data BILLING CODE 4000–01–M

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DEPARTMENT OF ENERGY relocate, or eliminate duplicative Albuquerque, New Mexico, facilities and programs and improve Albuquerque Convention Center, 401 Notice of Intent To Prepare a operating efficiencies; identify one or 2nd St. NW. December 5, 2006, 11 Supplement to the Stockpile more sites for conducting NNSA flight a.m.—3 p.m., 6 p.m.—10 p.m. Stewardship and Management test operations; and accelerate nuclear Los Alamos, New Mexico, Mesa Public Programmatic Environmental Impact weapons dismantlement activities. This Library, 2400 Central Avenue. Statement—Complex 2030 Notice of Intent (NOI), the initial step in December 6, 2006, 10:30 a.m.—2:30 the NEPA process, informs the public of p.m. AGENCY: National Nuclear Security Santa Fe, New Mexico, Genoveva Administration, Department of Energy. NNSA’s intention to prepare the Complex 2030 SEIS, announces the Chavez Community Center, 3221 ACTION: Notice of intent. schedule for public scoping meetings, Rodeo Road. December 6, 2006, 6 SUMMARY: The National Nuclear and solicits public input. Following the p.m.—10 p.m. Security Administration (NNSA), an scoping period, NNSA will prepare and Livermore, California, Robert Livermore agency within the U.S. Department of issue a draft of the Complex 2030 SEIS Community Center, 4444 East Energy (DOE or Department), announces that will describe the Complex 2030 Avenue. December 12, 2006, 11 its intent to prepare a Supplement to the proposal, the alternatives analyzed, and a.m.—3 p.m. Stockpile Stewardship and Management potential impacts of the proposal and Tracy, California, Tracy Community Programmatic Environmental Impact the alternatives. Center, 950 East Street. December 12, Statement—Complex 2030 (Complex This NOI also announces that NNSA 2006, 6 p.m.—10 p.m. 2030 SEIS or SEIS, DOE/EIS–0236–S4), has cancelled the previously planned U.S. Department of Energy, 1000 pursuant to the National Environmental Supplemental Programmatic Independence Avenue, SW., Room Policy Act (NEPA) of 1969 (42 U.S.C. Environmental Impact Statement on 1E–245, Washington, DC. December 4321 et seq.), the Council on Stockpile Stewardship and Management 14, 2006, 1 p.m.—5 p.m. Environmental Quality’s (CEQ’s) and for a Modern Pit Facility (DOE/EIS– NNSA officials will be available to DOE’s regulations implementing NEPA 0236–S2). informally discuss the Complex 2030 (40 CFR parts 1500–1508 and 10 CFR DATES: NNSA invites comments on the proposal during the first hour. part 1021, respectively). The SEIS will scope of the Complex 2030 SEIS. The Following this, NNSA intends to hold a analyze the environmental impacts from public scoping period starts with the plenary session at each scoping meeting the continued transformation of the publication of this NOI in the Federal in which officials will explain the United States’ nuclear weapons Register and will continue through Complex 2030 proposal and the SEIS, complex by implementing NNSA’s January 17, 2006. Scoping comments including preliminary alternatives. The vision of the complex as it would exist received after this date will be meetings will provide the public with in 2030, which the Department refers to considered to the extent practicable. an opportunity to provide oral and as Complex 2030, as well as NNSA will hold public scoping written comments to NNSA on the alternatives. Since the end of the Cold meetings to discuss issues and receive scope of the SEIS. Input from the War, there continue to be significant oral and written comments on the scope scoping meetings will assist NNSA in changes in the requirements for the of the Complex 2030 SEIS. The preparing the draft SEIS. nation’s nuclear arsenal, including locations, dates, and times for these ADDRESSES: General questions reductions in the number of nuclear public scoping meetings are listed concerning the NOI can be asked by weapons. To fulfill its responsibilities below and will be announced by calling toll-free 1–800–832–0885 (ext. for certifying the safety and reliability of additional appropriate means. NNSA 63519), e-mailing to nuclear weapons without underground requests federal agencies that desire to [email protected], or writing testing, DOE proposed and implemented be designated as cooperating agencies to Theodore A. Wyka, Complex 2030 the Stockpile Stewardship and on the SEIS to contact NNSA’s Office of SEIS Document Manager, Office of Transformation at the address listed Management (SSM) Program in the Transformation, U.S. Department of under ADDRESSES by the end of the 1990s. Stockpile Stewardship includes Energy, NA–10.1, 1000 Independence scoping period. activities required to maintain a high Avenue, SW., Washington, DC 20585. level of confidence in the safety and North Augusta, South Carolina, North Written comments on the scope of the reliability of nuclear weapons in the Augusta Community Center, 495 SEIS or requests to be placed on the absence of underground testing, and in Brookside Avenue. November 9, 2006, document distribution list can be sent to the capability of the United States to 11 a.m.—3 p.m., 6 p.m.—10 p.m. the Complex 2030 SEIS Document Oak Ridge, Tennessee, Oak Ridge City resume nuclear testing if directed by the Manager. Additional information Center Club Room, 333 Main Street. President. Stockpile Management regarding Complex 2030 is available on November 13, 2006, 11 a.m.—3 p.m., activities include dismantlement, Complex2030PEIS.com. 6 p.m.—10 p.m. maintenance, evaluation, repair, and For general information on the DOE Amarillo, Texas, Amarillo Globe-News replacement of weapons and their NEPA process, please contact Carol M. components in the existing stockpile. Center, Education Room, 401 S. Buchanan. November 15, 2006, 11 Borgstrom, Director, Office of NEPA NNSA’s proposed action is to Policy and Compliance, U.S. continue currently planned a.m.—3 p.m., 6 p.m.—10 p.m. Las Vegas, Nevada, Cashman Center, Department of Energy, 1000 modernization activities and select a Independence Avenue, SW., site for a consolidated plutonium center 850 Las Vegas Boulevard North (at Washington). November 28, 2006. 11 Washington, DC 20585, (202) 586–4600 for long-term research and development, or 1–800–472–2756. Additional surveillance, and pit 1 manufacturing; a.m.—3 p.m., 6 p.m.—10 p.m. Tonopah, Nevada, Tonopah Convention information regarding DOE NEPA consolidate special nuclear materials activities and access to many DOE throughout the complex; consolidate, Center, 301 Brougher Avenue. November 29, 2006, 6 p.m.—10 p.m. NEPA documents are available on the Internet through the DOE NEPA Web 1 A pit is the central core of a nuclear weapon Socorro, New Mexico, Macey Center (at typically containing plutonium-239 that undergoes New Mexico Tech), 801 Leroy Place. site at http://www.eh.doe.gov/nepa. fission when compressed by high explosives. December 4, 2006, 6 p.m.—10 p.m. SUPPLEMENTARY INFORMATION:

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Background: The early days of the consolidated at Los Alamos National extract tritium at a new DOE-owned nuclear weapons complex after World Laboratory (LANL) in New Mexico, and Tritium Extraction Facility at the War II saw a rapid build-up of capability neutron generator production was Savannah River Site. With regard to the and capacity to support the growth of relocated to Sandia National SSM PEIS, DOE issued an NOI on June the stockpile to fight the Cold War. By Laboratories in New Mexico. 6, 1995 (60 FR 31291), a final SSM PEIS the 1960s, the United States had built a In October 1993, President William J. on November 19, 1996 (61 FR 58871), large stockpile of nuclear weapons, and Clinton issued Presidential Decision and a ROD on December 26, 1996 (61 FR the nation began to focus on improving, Directive 15 (PDD–15), which directed 68014) announcing its decision to rather than expanding, the stockpile. DOE to establish the Stockpile transform the weapons production NNSA’s predecessor agencies began to Stewardship Program. PDD–15 complex by (1) reducing the weapon consolidate operations and close some significantly redirected the nuclear assembly capacity located at the Pantex production facilities. In the 1980s, weapons program. Throughout the Cold Plant in Texas; (2) reducing the high- facilities were shut down across the War, the Department of Defense (DOD) explosives fabrication capacity at nuclear weapons complex, including and DOE’s nuclear weapons laboratories Pantex; (3) reducing the uranium, certain facilities at the Savannah River had based a portion of their confidence secondary, and case fabrication capacity Site in South Carolina; the Oak Ridge in the reliability of nuclear weapons on in the Y–12 National Security Complex Reservation in Tennessee; the Rocky performance data from atmospheric and in Tennessee; (4) reducing nonnuclear Flats Plant in Colorado; the Fernald Site underground tests. To ensure weapons component fabrication capacity at the in Ohio; the Hanford Reservation in reliability during the moratorium on Kansas City Plant; and (5) reestablishing Washington; and elsewhere. testing, DOE proposed to invest in new a modest interim pit fabrication Prior DOE NEPA Reviews: DOE scientific tools to assess the complex capability at Los Alamos National completed a Nuclear Weapons Complex phenomena involved in the detonation Laboratory in New Mexico while Reconfiguration (‘‘Complex-21’’) Study of nuclear weapons. DOE also began to evaluating the need for greater pit in January 1991, which identified develop sophisticated tools and manufacturing capacity in the future. significant cost savings that could be computer-based simulation techniques In accordance with the decisions in achieved by further downsizing of the to assess various aging phenomena as the SSM PEIS, the Non-nuclear nuclear weapons complex. nuclear weapons continued to serve Consolidation Environmental DOE then initiated a programmatic well beyond their originally anticipated Assessment (EA), and the Tritium EIS (Reconfiguration PEIS) examining lifetimes. These actions enhanced Supply and Recycling PEIS, DOE began alternatives for reconfiguring the research and development (R&D) and transforming the nuclear weapons nuclear weapons complex. However, in deferred spending on the production complex to its present configuration. December 1991, the Department decided complex. DOE has also prepared other EISs that to separate proposals for transforming DOE concluded in October 1994 that facilitated the transformation of the non-nuclear production from the the alternatives described in the complex. The relevant RODs for these Reconfiguration PEIS because (1) Reconfiguration PEIS no longer site-wide and project-specific EISs are proposals to consolidate non-nuclear contained realistic proposals for listed below: facilities might not require preparation reconfiguration of the nuclear weapons • of an EIS, and (2) proposals and complex. That conclusion was based on 1996 ROD for the EIS for the decisions regarding transformation of several factors, including: comments Nevada Test Site and Off-Site Locations non-nuclear production would neither offered at the September-October 1993 in the State of Nevada (61 FR 65551, December 13, 1996). significantly affect nor be affected by Reconfiguration PEIS scoping meetings; • proposals and decisions regarding the anticipation that no production of 1997 ROD for the EIS for the transformation of nuclear production. new nuclear weapons types would be Continued Operation of the Pantex On January 27, 1992, the Department required for the foreseeable future; Plant and Associated Storage of Nuclear issued an NOI (57 FR 3046) to prepare budget constraints; and the Weapon Components (62 FR 3880, an environmental assessment (DOE/EA– Department’s decision to prepare a January 27, 1997). • 0792) for the consolidation of non- separate PEIS on Storage and 1999 ROD for the Site-wide EIS for nuclear production activities within the Disposition of Weapons-Usable Fissile Continued Operation of the Los Alamos nuclear weapons complex. Following Materials (DOE/EIS–0229; NOI National Laboratory (64 FR 50797, the collapse of the Soviet Union, the published June 21, 1994, 59 FR 17344). September 20, 1999). • United States reduced the budget for the Consequently, the Department 1999 ROD for the EIS for Site-wide nuclear weapons program. President separated the Reconfiguration PEIS into Operation of Sandia National George H. W. Bush imposed a two new PEISs: (1) A Tritium Supply Laboratories (64 FR 69996, December moratorium in 1992 on underground and Recycling PEIS (DOE/EIS–0161); 15, 1999). nuclear testing. and (2) the SSM PEIS (DOE/EIS–0236). • 2000 Amended ROD for the Nevada On September 14, 1993, DOE The Final PEIS for Tritium Supply and Test Site EIS (65 FR 10061, February 25, published a Finding of No Significant Recycling was issued on October 27, 2000). Impact (FONSI) regarding its proposal to 1995 (60 FR 55021). In its Record of • 2002 ROD for the Site-wide EIS for consolidate non-nuclear component Decision (ROD) on May 14, 1999 (64 FR the Oak Ridge Y–12 National Security production (58 FR 48043). This proposal 26369 2), DOE decided it would produce Complex (67 FR 11296, March 13, included termination of non-nuclear the tritium needed to maintain the 2002). production missions at the Mound Plant nuclear arsenal at commercial light • 2002 ROD for the EIS for the in Ohio, the Pinellas Plant in Florida, water reactors owned and operated by Relocation of Technical Area 18 and the Rocky Flats Plant in Colorado. the Tennessee Valley Authority and Capabilities and Materials at the Los The electrical and mechanical Alamos National Laboratory (67 FR manufacturing functions were 2 This ROD also contains decisions for the EIS for 79906, December 31, 2002). consolidated at the Kansas City Plant. Construction and Operation of a Tritium Extraction • 2004 ROD for the EIS for the Facility at the Savannah River Site (DOE/EIS–0271) Detonators and beryllium capabilities and EIS for the Production of Tritium in a Chemistry and Metallurgy Research for technology and pit support were Commercial Light Water Reactor (DOE/EIS–0288). Building Replacement Project, Los

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Alamos National Laboratory (69 FR non-nuclear weapons components; and weapons to support the United States’ 6967, February 12, 2004). evaluates and performs testing of national security strategy. The National • 2005 ROD for the Site-wide EIS for weapon components. No Category I/II Nuclear Security Administration Act Continued Operation of Lawrence quantities of SNM are maintained at the (Pub. L. 106–65, Title XXXII) assigned Livermore National Laboratory and KCP. this responsibility to NNSA within Supplemental Stockpile Stewardship Lawrence Livermore National DOE. One of the primary missions of and Management Programmatic EIS (70 Laboratory (LLNL) (Livermore, NNSA is to provide the nation with safe FR 71491, November 29, 2005). California)—Conducts research and and reliable nuclear weapons, Nuclear Weapons Complex: The development of nuclear weapons; components and capabilities, and to current nuclear weapons complex designs and tests advanced technology accomplish this in a way that protects consists of eight major facilities located concepts; designs weapons; maintains a the environment and the health and in seven states. NNSA maintains a limited capability to fabricate safety of workers and the public. limited capability to design and plutonium components; and provides Changes in national security needs manufacture nuclear weapons; provides safety and reliability assessments of the and budgets have necessitated changes surveillance of and maintains nuclear stockpile. Maintains Category I/II in the way NNSA meets its weapons currently in the stockpile; and quantities of SNM associated with the responsibilities regarding the nation’s dismantles retired nuclear weapons. weapons program and material no nuclear stockpile. As a result of a Major facilities and their primary longer needed by the weapons program. changed security environment, responsibilities within the nuclear Los Alamos National Laboratory unilateral decisions by the United States weapons complex are listed below: (LANL) (Los Alamos, New Mexico)— and international arms control Savannah River Site (SRS) (Aiken, Conducts research and development of agreements, the nation’s stockpile is South Carolina)—Extracts tritium (when nuclear weapons; designs and tests significantly smaller today and by 2012, the Tritium Extraction Facility becomes advanced technology concepts; designs it will be the smallest since the operational in 2007); provides loading, weapons; provides safety and reliability Eisenhower administration (1953–1961). unloading and surveillance of tritium assessments of the stockpile; maintains The Treaty of Moscow will eventually reservoirs. SRS does not maintain interim production capabilities for lead to a level of 1,700–2,200 Category I/II 3 quantities of special limited quantities of plutonium operationally-deployed strategic nuclear nuclear material (SNM) 4 associated components (e.g., pits); and weapons. with weapons activities, but does manufactures nuclear weapon However, nuclear deterrence will maintain Category I/II quantities of SNM detonators for the stockpile. Maintains continue to be a cornerstone of United associated with other Department Category I/II quantities of SNM States national security policy, and activities (e.g., environmental associated with the nuclear weapons NNSA must continue to meet its management). program and material no longer needed responsibilities for ensuring the safety Pantex Plant (PX) (Amarillo, Texas)— by the weapons program. and reliability of the nation’s nuclear Dismantles retired weapons; fabricates Sandia National Laboratories (SNL) weapons stockpile. The current policy is high-explosives components; assembles (Albuquerque, New Mexico; Livermore, contained in the Nuclear Posture high explosive, nuclear, and non- California)—Conducts system Review, submitted to Congress in early nuclear components into nuclear engineering of nuclear weapons; designs 2002, which states that the United weapons; repairs and modifies weapons; and develops non-nuclear components; States will: and evaluates and performs non-nuclear conducts field and laboratory non- • Change the size, composition and testing of weapons. Maintains Category nuclear testing; conducts research and character of the nuclear weapons I/II quantities of SNM for the weapons development in support of the nuclear stockpile in a way that reflects that the program and material no longer needed weapon non-nuclear design; Cold War is over; by the weapons program. manufactures non-nuclear weapon • Achieve a credible deterrent with Y–12 National Security Complex (Y– components; provides safety and the lowest possible number of nuclear 12) (Oak Ridge, Tennessee)— reliability assessments of the stockpile; warheads consistent with national Manufactures nuclear weapons and manufactures neutron generators for security needs, including obligations to secondaries, cases, and other weapons the stockpile. Maintains Category I/II allies; and components; evaluates and performs quantities of SNM associated with the • Transform the NNSA nuclear testing of weapon components; nuclear weapons program. weapons complex into a responsive maintains Category I/II quantities of Nevada Test Site (NTS) (Las Vegas, infrastructure that supports the specific SNM; conducts dismantlement, storage, Nevada)—Maintains capability to stockpile requirements established by and disposition of nuclear weapons conduct underground nuclear testing; the President and maintains the materials; and supplies SNM for use in conducts experiments involving nuclear essential United States nuclear naval reactors. material and high explosives; provides capabilities needed for an uncertain Kansas City Plant (KCP) (Kansas City, capability to disposition a damaged global future. Missouri)—Manufactures and acquires nuclear weapon or improvised nuclear Complex 2030 SEIS: NNSA has been device; conducts non-nuclear evaluating how to establish a more 3 Category I/II quantities of special nuclear experiments; and conducts research and responsive nuclear weapons complex material are determined by grouping materials by type, attractiveness level, and quantity. These training on nuclear safeguards, infrastructure since the Nuclear Posture grouping parameters are defined in DOE Manual criticality safety and emergency Review was transmitted to Congress in 470.4–6, Nuclear Material Control and response. Maintains Category I/II early 2002. The Stockpile Stewardship Accountability [see https://www.directives.doe.gov]. quantities of SNM associated with the Conference in 2003, the Department of 4 As defined in section 11 of the Atomic Energy Act of 1954, special nuclear material are: (1) nuclear weapons program. Defense Strategic Capabilities Plutonium, uranium enriched in the isotope 233 or Purpose and Need for the Stockpile Assessment in 2004, the in the isotope 235, and any other material which Stewardship and Management Program: recommendations of the Secretary of the U.S. Nuclear Regulatory Commission Under the Atomic Energy Act of 1954 Energy Advisory Board (SEAB) Task determines to be special nuclear material; or (2) any material artificially enriched by plutonium or (42 U.S.C. 2011 et seq.), DOE is Force on the Nuclear Weapons Complex uranium 233 or 235. responsible for providing nuclear Infrastructure in 2005, and the Defense

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Science Board Task Force on Nuclear more information regarding Complex discussion in background above. The Capabilities in 2006 have provided 2030 planning. The Complex 2030 following table identifies which information for NNSA’s evaluations. planning scenario incorporates many of components of Complex 2030 are based In early 2006, NNSA developed a the decisions NNSA has already made on the existing SSM PEIS and Tritium planning scenario for what the nuclear based on the evaluations in the SSM PEIS RODs, including RODs for weapons complex would look like in PEIS, Tritium Supply and Recycling subsequent tiered EISs: 2030. See http://www.nnsa.doe.gov for PEIS, and other NEPA documents. See

SSM Tritium Components of Complex 2030 that reflect earlier decisions PEIS PEIS ROD ROD

Maintain but reduce the existing weapon assembly capacity located at Pantex ...... X ...... Maintain but reduce the high-explosives fabrication capacity at Pantex ...... X ...... Maintain but reduce the existing uranium, secondary, and case fabrication capacity at the Y–12 Plant at Oak Ridge ...... X ...... Reduce the non-nuclear component fabrication capacity at the Kansas City Plant ...... X ...... Reestablish limited pit fabrication capability at Los Alamos National Laboratory while evaluating the need for a larger capability ...... X ...... Irradiate tritium producing rods in commercial light water reactors; construct and operate a new Tritium Extrac- tion Facility at DOE’s Savannah River Site ...... X

Types of Decisions that Would Be National Security Complex in certified pits. Any decisions made Based on the Complex 2030 SEIS: The Tennessee. pursuant to the LANL Site-wide EIS will decisions set forth in the Complex 2030 • Location of tritium extraction, be included in the Complex 2030 SEIS. ROD would: loading and unloading, and support Based upon the studies 5 and analyses • Identify the future missions of the operations at the Savannah River Site in that led to NNSA’s development of the SSM Program and the nuclear weapons South Carolina. Complex 2030 scenario, NNSA has complex; and NNSA does not believe it is necessary developed alternatives that are intended • Determine the configuration of the to identify additional alternatives to facilitate public comment on the future weapons complex needed to beyond those present in the SSM PEIS. scope of the SEIS. NNSA’s decisions accomplish the SSM Program. Regarding the uranium, secondary, and regarding implementation of Complex For specific programs or facilities, case fabrication at Y–12, NNSA is 2030 will be based on the following NNSA may need to prepare additional currently preparing a Y–12 Site-wide alternatives, or a combination of those NEPA documents to implement the EIS to evaluate reasonable alternatives alternatives. decisions announced in the ROD. The for the continued modernization of the The Proposed Action—Transform to a baseline that will be used for the Y–12 capabilities. The Complex 2030 More Modern, Cost-Effective Nuclear analyses of program and facility needs SEIS will incorporate any decisions Weapons Complex (Complex 2030). in the SEIS is 1,700–2,200 made pursuant to the Y–12 Site-wide This alternative would undertake the operationally-deployed strategic nuclear EIS. following actions to continue the weapons, in addition to augmentation While the Complex 2030 planning transformation of NNSA’s nuclear weapons, reliability-reserve weapons scenario proposes to consolidate further weapons complex: and weapons required to meet NATO non-nuclear production activities • Select a site to construct and commitments. The numbers are performed at the Kansas City Plant, this operate a consolidated plutonium center consistent with international arms- proposal will be evaluated in a separate for long-term R&D, surveillance, and control agreements. Consistent with NEPA analysis, as was done in the manufacturing operations for a baseline national security policy directives, 1990s. NNSA believes that it is capacity of 125 qualified pits per year at replacement warhead design concepts appropriate to separate the analyses of a site with existing Category I/II SNM. may be pursued under the alternatives the transformation of non-nuclear • Reduce the number of sites with as a means of, for example, enhancing production from the SEIS because Category I/II SNM and consolidate SNM safety and security, improving decisions regarding those activities to fewer locations within each given manufacturing practices, reducing would neither significantly affect nor be site. surveillance needs, and reducing need affected by decisions regarding the • Consolidate, relocate or eliminate for underground tests. transformation of nuclear production duplicative facilities and programs and The SEIS will evaluate reasonable activities. improve operating efficiencies, The SSM PEIS ROD announced alternatives for future transformation of including at facilities for nuclear NNSA’s decision to establish a small the nuclear weapons complex. The materials storage, tritium R&D, high interim pit production capacity at Proposed Action and alternatives to the explosives R&D, environmental testing, LANL. In the 1999 LANL Site-wide EIS Proposed Action will assume continued and hydrotesting facilities. ROD, NNSA announced it would implementation of the following prior • Identify one or more sites for achieve a pit production capacity at siting decisions that DOE made in the conducting NNSA flight test operations. SSM PEIS and Tritium PEIS RODs, LANL of up to 20 pits per year. The including RODs for subsequent tiered 2006 draft LANL Site-wide EIS 5 The Stockpile Stewardship Conference in 2003, EISs: evaluates a proposal for a production the Department of Defense Strategic Capabilities • Location of the weapon assembly/ capacity of 50 certified pits annually. Assessment in 2004, the recommendations of the disassembly operations at the Pantex This proposed capacity is based on an Secretary of Energy Advisory Board (SEAB) Task Plant in Texas. annual production rate of 80 pits per Force on the Nuclear Weapons Complex • Infrastructure in 2005, and the recommendations of Location of uranium, secondary, year in order to provide NNSA with the Defense Science Board Task Force on Nuclear and case fabrication at the Y–12 sufficient flexibility to obtain 50 Capabilities in 2006.

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Existing DOD and DOE test ranges (e.g., reasonable alternative locations because are contained in RODs and Findings of White Sands Missile Range in New they do not satisfy certain criteria such No Significant Impact (FONSIs), Mexico and Nevada Test Site in Nevada) as population encroachment, or mission including those discussed above, and would be considered as alternatives to compatibility or synergy with the site’s copies can be located on the DOE NEPA the continued operation of the Tonopah existing mission. Document Web page at http:// Test Range in Nevada. www.eh.doe.gov/nepa/documents.html. • Accelerate dismantlement Alternatives to the Proposed Action The No Action Alternative would also activities. No Action Alternative. The No Action The DOE sites that will be considered Alternative represents the status quo as include any decisions made as a result as potential locations for the it exists today and is presently planned. of the new Y–12 Site-wide EIS and the consolidated plutonium center and It includes the continued LANL Site-wide EIS once these EISs are consolidation of Category I/II SNM implementation of decisions made finished. NNSA expects to issue RODs include: Los Alamos, Nevada Test Site, pursuant to the SSM PEIS and the on these EISs prior to publication of the Pantex Plant, Y–12 National Security Tritium Supply and Recycling PEIS (as draft Complex 2030 SEIS. Complex, and the Savannah River Site. summarized above) and related site- The No Action Alternative is Other DOE sites are not considered specific EISs and EAs. These decisions illustrated in the following matrix:

Sites (no action alternative) Capability KCP LANL LLNL NTS Y–12 PX SNL SRS

Weapons assembly/Disassembly ...... X ...... X ...... Nonnuclear components ...... X X ...... X ...... Nuclear components: —Pits ...... X ...... —Secondaries and cases ...... X ...... High explosives components ...... X ...... Tritium Extraction, Loading and Unloading ...... X High explosives R&D ...... X X ...... X X ...... Tritium R&D ...... X X ...... X Large Scale Hydrotesting ...... X X X ...... Category I/II SNM Storage...... X X X X X X X

The No Action Alternative also materials storage, tritium R&D, high of the consolidated plutonium center includes continuation of environmental explosives R&D, environmental testing proposed by NNSA in its Complex 2030 testing at current locations and flight- facilities, and hydrotesting facilities. vision, as well as the consolidated testing activities at the Tonopah Test • Identify one or more sites for activities of the uranium, tritium, and Range in Nevada. conducting NNSA flight test operations. high explosive operations. DOE believes Existing DOD and DOE test ranges (e.g. that creation of a CNPC is not a Reduced Operations and Capability- White Sands Missile Range in New reasonable alternative and does not Based Complex Alternative Mexico and Nevada Test Site in Nevada) intend to analyze it as an alternative in In this alternative, NNSA would would be considered as potential the SEIS because of the technical and maintain a basic capability for alternatives to the continued operation schedule issues involved in manufacturing technologies for all of the Tonopah Test Range in Nevada. constructing a CNPC, as well as stockpile weapons, as well as laboratory • Production capacities at Pantex, associated costs. NNSA invites and will and experimental capabilities to support Y–12, and the Savannah River Site consider comments on this matter stockpile decisions, but would reduce would be considered for further during the scoping process. production facilities to a ‘‘capability- reductions limited by the capability- The SEAB Task Force developed three based’’ 6 capacity. This alternative based capacity. business cases for transforming the would not have a production capacity • NNSA would continue nuclear weapons complex, two of which sufficient to meet current national dismantlement activities. were characterized as high risk. Its security objectives. This alternative Proposal Not Being Considered for preferred least-risk option was to would be defined as follows: Further Analysis. The SEAB Task Force establish a CNPC ‘‘quickly’’ by • Do not construct and operate a on the Nuclear Weapons Complex accelerating site selection, NEPA consolidated plutonium center for long- Infrastructure recommended that NNSA analyses, regulatory approvals, and term R&D, surveillance, and pursue a consolidated nuclear construction. The Task Force assumed manufacturing operations; and do not production center (CNPC) as a single that NNSA could, under these expand pit production at LANL beyond facility for all research, development, circumstances, begin operating a CNPC 50 certified pits per year. and production activities relating to in 2015, start consolidation of SNM • Reduce the number of sites with nuclear weapons that involve significant shortly thereafter, accelerate Category I/II SNM and consolidate SNM amounts (i.e. Category I/II quantities) of dismantlements, and begin other major to fewer locations within a given site. SNM. The CNPC, as envisioned by the transformational activities. Until the • Consolidate, relocate or eliminate SEAB Task Force, would contain all the CNPC was completed, NNSA would duplicative facilities and programs and nuclear weapons manufacturing, have to maintain, and in some cases improve operating efficiencies, production, assembly, and disassembly improve, existing production and including at facilities for nuclear facilities and associated weapon research facilities. According to the surveillance and maintenance activities Task Force’s estimates, this option 6 The capability to manufacture and assemble for the stockpile weapons. The CNPC would require an additional 1 billion nuclear weapons at a nominal level. would include the plutonium activities dollars per year for weapons programs

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activities for the next 10 years, and lead manufacturing facility. Because the Issued in Washington, DC on October 11, to a net savings through 2030 of 15 Complex 2030 SEIS will analyze 2006. billion dollars. alternatives for plutonium-related Linton F. Brooks, Accelerated construction of a CNPC activities that include pit production, Administrator, National Nuclear Security would not allow NNSA to avoid DOE, effective upon publication of this Administration. immediate expenditures to restore and NOI, cancels the MPF PEIS. [FR Doc. E6–17508 Filed 10–18–06; 8:45 am] modernize interim production BILLING CODE 6450–01–P capabilities to meet essential Life Public Scoping Process: The scoping Extension Program (LEP) schedules and process is an opportunity for the public support the existing stockpile during the to assist the NNSA in determining the DEPARTMENT OF ENERGY next decade. LEP is the refurbishment of issues for analysis. NNSA will hold nuclear weapons parts and components public scoping meetings at locations Federal Energy Regulatory to extend the weapon deployment life. identified in this NOI. The purpose of Commission NNSA has concluded that the SEAB these meetings is to provide the public [Docket No. IC07–538–000; FERC–538] Task Force underestimated the with an opportunity to present oral and nonfinancial challenges of constructing written comments, ask questions, and Commission Information Collection a CNPC. A CNPC would require moving discuss concerns regarding the Activities, Proposed Collection; a unique and highly skilled workforce to transformation of the nuclear weapons Comment Request; Extension a new location. It would require NNSA complex and the SEIS with NNSA October 13, 2006. to obtain significant regulatory officials. Comments and approvals rapidly, and to construct a AGENCY: Federal Energy Regulatory recommendations can also be Commission, DOE. unique and complex facility on a tight communicated to NNSA as discussed ACTION: Notice. schedule. It would put many of the earlier in this notice. significant aspects of the weapons Complex 2030 PEIS Supplement SUMMARY: In compliance with the complex transformation into ‘‘one requirements of Section 3506(c) (2) (a) basket’’—until the CNPC began Preparation Process: The SEIS preparation process begins with the of the Paperwork Reduction Act of 1995 operations, all the other facilities and (Pub. L. 104–13), the Federal Energy publication of this NOI in the Federal activities would be delayed. NNSA’s Regulatory Commission (Commission) is Register. NNSA will consider all public Proposed Action would achieve many of soliciting public comment on the the benefits of the CNPC approach— comments that it receives during the specific aspects of the information consolidation of SNM and facilities, public comment period in preparing the collection described below. integrated R&D and production draft SEIS. NNSA expects to issue the DATES: Comments on the collection of involving SNM, and aggressive draft SEIS for public review during the dismantlements—in a way that information are due by December 21, summer of 2007. Public comments on 2006. addresses immediate national security the draft SEIS will be received during a needs in a technically feasible and comment period of at least 45 days ADDRESSES: Copies of the proposed affordable manner. following the U.S. Environmental collection of information can be Nuclear Materials Consolidation: DOE obtained from and written comments Protection Agency’s publication of the is pursuing SNM consolidation from all may be submitted to the Federal Energy Notice of Availability in the Federal DOE sites including those that comprise Regulatory Commission, Attn: Michael the nuclear weapons complex. The SEIS Register. Notices placed in local Miller, Office of the Executive Director, will look at alternatives for the storage newspapers will specify dates and ED–34, 888 First Street NE., and consolidation of nuclear materials locations for public hearings on the Washington, DC 20426. Comments may within the nuclear weapons complex draft SEIS and will establish a schedule be filed either in paper format or including materials needed to maintain for submitting comments on the draft electronically. Those parties filing the United States’ nuclear weapons SEIS, including a final date for electronically do not need to make a arsenal. There is a potential overlap submission of comments. Issuance of paper filing. For paper filings, the between the SEIS and the activities of the final SEIS is scheduled for 2008. original and 14 copies of such the Department’s other nuclear Classified Material: NNSA will review comments should be submitted to the materials consolidation activities, and classified material while preparing the Office of the Secretary, Federal Energy DOE will ensure that there is SEIS. Within the limits of classification, Regulatory Commission, 888 First appropriate coordination between the NNSA will provide the public as much Street, NE., Washington, DC 20426 and two activities. information as possible to assist its refer to Docket No. IC07–538–000. Supplemental Programmatic Documents filed electronically via the Environmental Impact Statement on understanding and ability to comment. Internet must be prepared in Stockpile Stewardship and Management Any classified material needed to WordPerfect, MS Word, Portable for a Modern Pit Facility: NNSA issued explain the purpose and need for the Document Format, or ASCII format. To a Draft Supplemental Programmatic action, or the analyses in the SEIS, will file the document, access the Environmental Impact Statement on be segregated into a classified appendix Commission’s Web site at http:// Stockpile Stewardship and Management or supplement, which will not be www.ferc.gov and click on ‘‘Make an E- for a Modern Pit Facility (MPF) on June available for public review. However, all filing,’’ and then follow the instructions 4, 2003 (68 FR 33487; also 68 FR 33934, unclassified information or results of for each screen. First time users will June 6, 2003) that analyzed alternatives calculations using classified data will be have to establish a user name and for producing the plutonium pits that reported in the unclassified section of password. The Commission will send an are an essential component of nuclear the SEIS, to the extent possible in automatic acknowledgement to the weapons. On January 28, 2004, NNSA accordance with federal classification sender’s e-mail address upon receipt of announced that it was indefinitely requirements. comments. postponing any decision on how it All comments may be viewed, printed would obtain a large capacity pit or downloaded remotely via the Internet

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through FERC’s homepage using the collection of information are used by the customers. The flow data and market eLibrary link. For user assistance, Commission to determine whether a data are also used to evaluate existing contact [email protected] or distributor applicant can economically and future customer requirements on toll-free at (866) 208–3676 or for TTY, construct and manage its facilities. the system to find if sufficient capacity contact (202) 502–8659. Requests are made to the Commission will be available. Likewise, the cost of FOR FURTHER INFORMATION CONTACT: by individuals or entities to have the facilities and the rate data are used to Michael Miller may be reached by Commission, by order, direct a natural evaluate the financial impact of the cost telephone at (202)502–8415, by fax at gas pipeline to extend or improve its of the project to both the pipeline (202)273–0873, and by e-mail at transportation facilities, and sell gas to company and its customers. The [email protected]. an individual, entity or municipality for Commission implements these filing SUPPLEMENTARY INFORMATION: The the specific purpose indicated in the requirements in the Code of Federal information collected under the order, and to extend the pipeline’s Regulations (CFR) under 18 CFR part requirements of FERC–538 ‘‘Gas transportation facilities to communities 156. Pipeline Certificates: Initial Service immediately adjacent to the Action: The Commission is requesting (OMB No. 1902–0061) is used by the municipality’s facilities or to territories a three-year extension of the current Commission to implement the statutory served by the natural gas company. In expiration date, with no changes to the provisions of sections 7(a), 10(a) and 16 addition, the Commission reviews the existing collection of data. of the Natural Gas Act (NGA) (Pub. L. supply data to determine if the pipeline Burden Statement: Public reporting 75–688) (15 U.S.C. 717–717w). The company can provide the service burden for this collection is estimated reporting requirements contained in this without curtailing certain of its existing as:

Number of responses per Average burden hours per Number of respondents annually respondent response Total annual burden hours

(1) (2) (3) (1)x(2)x(3)

1 1 240 240

The estimated total cost to Comments are invited on: (1) Whether DEPARTMENT OF ENERGY respondents is $13,537 (240 hours the proposed collection of information divided by 2,080 hours per employee is necessary for the proper performance Federal Energy Regulatory per year times $117,321 per year average of the functions of the Commission, Commission salary (including overhead) per including whether the information will [Docket Nos. ER06–1205–000, ER06–1205– employee = $13,537 (rounded off)). have practical utility; (2) the accuracy of 001, ER06–1206–000, and ER05–1326–003] The reporting burden includes the the agency’s estimate of the burden of total time, effort, or financial resources the proposed collection of information, 330 Fund I, L.P.; 330 Investment expended to generate, maintain, retain, including the validity of the Management, LLC; 330 MM, LLC; disclose, or provide the information methodology and assumptions used; (3) Cornerstone Energy Partners, LLC; including: (1) Reviewing instructions; ways to enhance the quality, utility and Notice of Issuance of Order (2) developing, acquiring, installing, and clarity of the information to be October 13, 2006. utilizing technology and systems for the collected; and (4) ways to minimize the 330 Fund I, L.P. (330 Fund) filed an purposes of collecting, validating, burden of the collection of information application for market-based rate verifying, processing, maintaining, on those who are to respond, including authority, with an accompanying rate disclosing and providing information; the use of appropriate automated, schedule. The proposed market-based (3) adjusting the existing ways to electronic, mechanical, or other rate schedule provides for the sale of comply with any previously applicable technological collection techniques or energy, capacity and ancillary services instructions and requirements; (4) other forms of information technology at market-based rates. 330 Fund also training personnel to respond to a e.g. permitting electronic submission of requested waivers of various collection of information; (5) searching responses. Commission regulations. In particular, data sources; (6) completing and 330 Fund requested that the reviewing the collection of information; Magalie R. Salas, Commission grant blanket approval and (7) transmitting or otherwise Secretary. under 18 CFR Part 34 of all future disclosing the information. [FR Doc. E6–17501 Filed 10–18–06; 8:45 am] issuances of securities and assumptions The estimate of cost for respondents BILLING CODE 6717–01–P of liability by 330 Fund. is based upon salaries for professional On August 7, 2006, pursuant to and clerical support, as well as direct delegated authority, the Director, and indirect overhead costs. Direct costs Division of Tariffs and Market include all costs directly attributable to Development—West, granted the providing this information, such as requests for blanket approval under Part administrative costs and the cost for 34. The Director’s order also stated that information technology. Indirect or the Commission would publish a overhead costs are costs incurred by an separate notice in the Federal Register organization in support of its mission. establishing a period of time for the These costs apply to activities which filing of protests. Accordingly, any benefit the whole organization rather person desiring to be heard or to protest than any one particular function or the blanket approvals of issuances of activity. securities or assumptions of liability by

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330 Fund should file a motion to energy, capacity and ancillary services ‘‘e-Filing’’ link. The Commission intervene or protest with the Federal at market-based rates. AB Energy also strongly encourages electronic filings. Energy Regulatory Commission, 888 requested waivers of various Magalie R. Salas, First Street, NE., Washington, DC 20426, Commission regulations. In particular, in accordance with Rules 211 and 214 AB Energy requested that the Secretary. of the Commission’s Rules of Practice Commission grant blanket approval [FR Doc. E6–17491 Filed 10–18–06; 8:45 am] and Procedure. 18 CFR 385.211, 385.214 under 18 CFR part 34 of all future BILLING CODE 6717–01–P (2004). issuances of securities and assumptions Notice is hereby given that the of liability by AB Energy. DEPARTMENT OF ENERGY deadline for filing motions to intervene On September 19, 2006, pursuant to or protest is November 13, 2006. delegated authority, the Director, Federal Energy Regulatory Absent a request to be heard in Division of Tariffs and Market Commission opposition by the deadline above, 330 Development—West, granted the Fund is authorized to issue securities requests for blanket approval under part [Docket No. ER06–1397–000] and assume obligations or liabilities as 34. The Director’s order also stated that a guarantor, indorser, surety, or Allegheny Ridge Wind Farm, LLC; the Commission would publish a Notice of Issuance of Order otherwise in respect of any security of separate notice in the Federal Register another person; provided that such establishing a period of time for the October 13, 2006. issuance or assumption is for some filing of protests. Accordingly, any Allegheny Ridge Wind Farm, LLC lawful object within the corporate person desiring to be heard or to protest (Allegheny Wind) filed an application purposes of 330 Fund, compatible with the blanket approvals of issuances of for market-based rate authority, with an the public interest, and is reasonably securities or assumptions of liability by accompanying rate tariff. The proposed necessary or appropriate for such AB Energy should file a motion to market-based rate tariff provides for the purposes. intervene or protest with the Federal sale of energy, capacity and ancillary The Commission reserves the right to Energy Regulatory Commission, 888 services at market-based rates. require a further showing that neither First Street, NE., Washington, DC 20426, Allegheny Wind also requested waivers public nor private interests will be in accordance with Rules 211 and 214 of various Commission regulations. In adversely affected by continued of the Commission’s Rules of Practice particular, Allegheny Wind requested approvals of 330 Fund’s issuance of and Procedure. 18 CFR 385.211, 385.214 that the Commission grant blanket securities or assumptions of liability. (2004). approval under 18 CFR Part 34 of all Copies of the full text of the Director’s future issuances of securities and Order are available from the Notice is hereby given that the assumptions of liability by Allegheny Commission’s Public Reference Room, deadline for filing motions to intervene Wind. 888 First Street, NE., Washington, DC or protest is November 13, 2006. Absent a request to be heard in On September 21, 2006, pursuant to 20426. The Order may also be viewed delegated authority, the Director, on the Commission’s Web site at http:// opposition by the deadline above, AB Energy is authorized to issue securities Division of Tariffs and Market www.ferc.gov, using the eLibrary link. Development—West, granted the Enter the docket number excluding the and assume obligations or liabilities as a guarantor, indorser, surety, or requests for blanket approval under Part last three digits in the docket number 34. The Director’s order also stated that filed to access the document. otherwise in respect of any security of another person; provided that such the Commission would publish a Comments, protests, and interventions separate notice in the Federal Register may be filed electronically via the issuance or assumption is for some lawful object within the corporate establishing a period of time for the internet in lieu of paper. See, 18 CFR filing of protests. Accordingly, any 385.2001(a)(1)(iii) and the instructions purposes of AB Energy, compatible with the public interest, and is reasonably person desiring to be heard or to protest on the Commission’s Web site under the the blanket approvals of issuances of ‘‘e-Filing’’ link. The Commission necessary or appropriate for such purposes. securities or assumptions of liability by strongly encourages electronic filings. Allegheny Wind should file a motion to Magalie R. Salas, The Commission reserves the right to intervene or protest with the Federal require a further showing that neither Secretary. Energy Regulatory Commission, 888 public nor private interests will be First Street, NE., Washington, DC 20426, [FR Doc. E6–17480 Filed 10–18–06; 8:45 am] adversely affected by continued BILLING CODE 6717–01–P in accordance with Rules 211 and 214 approvals of AB Energy’s issuance of of the Commission’s Rules of Practice securities or assumptions of liability. and Procedure. 18 CFR 385.211, 385.214 DEPARTMENT OF ENERGY Copies of the full text of the Director’s (2004). Order are available from the Notice is hereby given that the Federal Energy Regulatory Commission’s Public Reference Room, deadline for filing motions to intervene Commission 888 First Street, NE., Washington, DC or protest is November 13, 2006. 20426. The Order may also be viewed Absent a request to be heard in [Docket No. ER06–1354–000] on the Commission’s Web site at opposition by the deadline above, AB Energy, Inc.; Notice of Issuance of http://www.ferc.gov, using the eLibrary Allegheny Wind is authorized to issue Order link. Enter the docket number excluding securities and assume obligations or the last three digits in the docket liabilities as a guarantor, indorser, October 13, 2006. number filed to access the document. surety, or otherwise in respect of any AB Energy, Inc. (AB Energy) filed an Comments, protests, and interventions security of another person; provided application for market-based rate may be filed electronically via the that such issuance or assumption is for authority, with an accompanying rate internet in lieu of paper. See, 18 CFR some lawful object within the corporate schedule. The proposed market-based 385.2001(a)(1)(iii) and the instructions purposes of Allegheny Wind, rate schedule provides for the sale of on the Commission’s Web site under the compatible with the public interest, and

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is reasonably necessary or appropriate Dizona, Aquila Networks, 1815 Capitol DEPARTMENT OF ENERGY for such purposes. Avenue, Omaha, NE 68102; (402) 221– The Commission reserves the right to 2630 (telephone) or Federal Energy Regulatory require a further showing that neither [email protected], or Patrick Commission public nor private interests will be Joyce, Blackwell Sanders Peper Martin [Docket Nos. ER06–1367–000; ER06–1367– adversely affected by continued LLP, 1620 Dodge Street, Suite 2100, 001] approvals of Allegheny Wind’s issuance Omaha, NE 68102; (402) 964–5012 of securities or assumptions of liability. (telephone) or BG Dighton Power, LLC; Notice of Copies of the full text of the Director’s [email protected]. Issuance of Order Order are available from the There are two ways to become Commission’s Public Reference Room, October 13, 2006. involved in the Commission’s review of BG Dighton Power, LLC (BG Dighton) 888 First Street, NE., Washington, DC this project. First, any person wishing to 20426. The Order may also be viewed filed an application for market-based obtain legal status by becoming a party rate authority, with an accompanying on the Commission’s Web site at to the proceedings for this project http://www.ferc.gov, using the eLibrary tariff. The proposed market-based tariff should, on or before the comment date provides for the sale of energy and link. Enter the docket number excluding stated below, file with the Federal the last three digits in the docket capacity at market-based rates. BG Energy Regulatory Commission, 888 Dighton also requested waivers of number filed to access the document. First Street, NE., Washington, DC 20426, Comments, protests, and interventions various Commission regulations. In a motion to intervene in accordance particular, BG Dighton requested that may be filed electronically via the with the requirements of the Internet in lieu of paper. See 18 CFR the Commission grant blanket approval Commission’s Rules of Practice and under 18 CFR part 34 of all future 385.2001(a)(1)(iii) and the instructions Procedure (18 CFR 385.214 or 385.211) on the Commission’s Web site under the issuances of securities and assumptions and the Regulations under the NGA (18 of liability by BG Dighton. ‘‘e-Filing’’ link. The Commission CFR 157.10). A person obtaining party strongly encourages electronic filings. On September 27, 2006, pursuant to status will be placed on the service list delegated authority, the Director, Magalie R. Salas, maintained by the Secretary of the Division of Tariffs and Market Secretary. Commission and will receive copies of Development—West, granted the [FR Doc. E6–17496 Filed 10–18–06; 8:45 am] all documents filed by the applicant and requests for blanket approval under part BILLING CODE 6717–01–P by all other parties. A party must submit 34. The Director’s order also stated that 14 copies of filings made with the the Commission would publish a Commission and must mail a copy to separate notice in the Federal Register DEPARTMENT OF ENERGY the applicant and to every other party in establishing a period of time for the the proceeding. Only parties to the filing of protests. Accordingly, any Federal Energy Regulatory proceeding can ask for court review of person desiring to be heard or to protest Commission Commission orders in the proceeding. the blanket approvals of issuances of [Docket No. CP07–2–000] However, a person does not have to securities or assumptions of liability by intervene in order to have comments BG Dighton should file a motion to Aquila, Inc.; Notice of Application considered. The second way to intervene or protest with the Federal participate is by filing with the Energy Regulatory Commission, 888 October 13, 2006. Secretary of the Commission, as soon as First Street, NE., Washington, DC 20426, Take notice that on October 6, 2006, possible, an original and two copies of in accordance with Rules 211 and 214 Aquila, Inc. (Aquila), 1815 Capitol comments in support of or in opposition of the Commission’s Rules of Practice Avenue, Omaha, NE 68102, filed in to this project. The Commission will and Procedure. 18 CFR 385.211, 385.214 Docket No. CP07–2–000, an abbreviated consider these comments in (2004). application pursuant to section 7(f) of determining the appropriate action to be Notice is hereby given that the the Natural Gas Act requesting the taken, but the filing of a comment alone deadline for filing motions to intervene determination of a service area within will not serve to make the filer a party or protest is November 13, 2006. which Aquila may, without further to the proceeding. The Commission’s Absent a request to be heard in commission authorization, provide rules require that persons filing opposition by the deadline above, BG natural gas distribution service. Aquila comments in opposition to the project Dighton is authorized to issue securities also requests a waiver of the provide copies of their protests only to and assume obligations or liabilities as Commission’s accounting and reporting the party or parties directly involved in a guarantor, indorser, surety, or requirements and other regulatory the protest. otherwise in respect of any security of requirements ordinarily applicable to another person; provided that such natural gas companies under the NGA, The Commission strongly encourages issuance or assumption is for some all as more fully set forth in the electronic filings of comments, protests lawful object within the corporate application which is on file with the and interventions via the Internet in lieu purposes of BG Dighton, compatible Commission and open to public of paper. See 18 CFR 385.2001(a)(1)(iii) with the public interest, and is inspection. This filing may also be and the instructions on the reasonably necessary or appropriate for viewed on the Commission’s Web site at Commission’s Web (http:// such purposes. http://www.ferc.gov using the www.ferc.gov) site under the ‘‘e-Filing’’ The Commission reserves the right to ‘‘eLibrary’’ link. Enter the docket link. require a further showing that neither number, excluding the last three digits, Comment Date: November 3, 2006. public nor private interests will be in the docket number field to access the adversely affected by continued document. For assistance, call (202) Magalie R. Salas, approvals of BG Dighton’s issuance of 502–8659 or TTY, (202) 208–3676. Secretary. securities or assumptions of liability. Any questions regarding this [FR Doc. E6–17472 Filed 10–18–06; 8:45 am] Copies of the full text of the Director’s application should be directed to Arleen BILLING CODE 6717–01–P Order are available from the

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Commission’s Public Reference Room, and Procedure. 18 CFR 385.211, 385.214 November 1, 2006, but not settled as of 888 First Street, NE., Washington, DC (2004). November 1, 2006, will be charged or 20426. The Order may also be viewed Notice is hereby given that the paid as soon after November 1 as on the Commission’s Web site at deadline for filing motions to intervene practicable. http://www.ferc.gov, using the eLibrary or protest is November 13, 2006. Any person desiring to protest this link. Enter the docket number excluding Absent a request to be heard in filing must file in accordance with Rule the last three digits in the docket opposition by the deadline above, the 211 of the Commission’s Rules of number filed to access the document. Applicants are authorized to issue Practice and Procedure (18 CFR Comments, protests, and interventions securities and assume obligations or 385.211). Protests to this filing will be may be filed electronically via the liabilities as a guarantor, indorser, considered by the Commission in Internet in lieu of paper. See 18 CFR surety, or otherwise in respect of any determining the appropriate action to be 385.2001(a)(1)(iii) and the instructions security of another person; provided taken, but will not serve to make on the Commission’s Web site under the that such issuance or assumption is for protestants parties to the proceeding. ‘‘e-Filing’’ link. The Commission some lawful object within the corporate Such protests must be filed on or before strongly encourages electronic filings. purposes of the Applicants, compatible the date as indicated below. Anyone with the public interest, and is filing a protest must serve a copy of that Magalie R. Salas, reasonably necessary or appropriate for document on all the parties to the Secretary. such purposes. proceeding. [FR Doc. E6–17494 Filed 10–18–06; 8:45 am] The Commission reserves the right to The Commission encourages BILLING CODE 6717–01–P require a further showing that neither electronic submission of protests in lieu public nor private interests will be of paper using the ‘‘eFiling’’ link at adversely affected by continued http://www.ferc.gov. Persons unable to DEPARTMENT OF ENERGY approvals of the Applicants’ issuance of file electronically should submit an securities or assumptions of liability. Federal Energy Regulatory original and 14 copies of the protest to Copies of the full text of the Director’s Commission the Federal Energy Regulatory Order are available from the Commission, 888 First Street, NE., [Docket Nos. ER06–931–000, ER06–931– Commission’s Public Reference Room, Washington, DC 20426. 001, ER06–932–000, ER06–932–001] 888 First Street, NE., Washington, DC This filing is accessible on-line at 20426. The Order may also be viewed http://www.ferc.gov, using the Black River Macro Discretionary Fund, on the Commission’s Web site at http:// ‘‘eLibrary’’ link and is available for Ltd.; Black River Commodity Energy www.ferc.gov, using the eLibrary link. review in the Commission’s Public Fund LLC; Notice of Issuance of Order Enter the docket number excluding the Reference Room in Washington, DC. October 13, 2006. last three digits in the docket number There is an ‘‘eSubscription’’ link on the Black River Macro Discretionary Fund filed to access the document. Web site that enables subscribers to Ltd. and Black River Commodity Energy Comments, protests, and interventions receive e-mail notification when a Fund LLC (Applicants) filed an may be filed electronically via the document is added to a subscribed application for market-based rate internet in lieu of paper. See, 18 CFR docket(s). For assistance with any FERC authority, each with an accompanying 385.2001(a)(1)(iii) and the instructions Online service, please e-mail tariff. The proposed market-based rate on the Commission’s Web site under the [email protected], or call tariffs provides for the sale of energy, ‘‘e-Filing’’ link. The Commission (866) 208–3676 (toll free). For TTY, call capacity and ancillary services at strongly encourages electronic filings. (202) 502–8659. Comment Date: 5 p.m. Eastern Time market-based rates. The Applicants also Magalie R. Salas, on October 17, 2006. requested waivers of various Secretary. Commission regulations. In particular, [FR Doc. E6–17500 Filed 10–18–06; 8:45 am] Magalie R. Salas, the Applicants requested that the BILLING CODE 6717–01–P Secretary. Commission grant blanket approval [FR Doc. E6–17460 Filed 10–18–06; 8:45 am] under 18 CFR Part 34 of all future BILLING CODE 6717–01–P issuances of securities and assumptions DEPARTMENT OF ENERGY of liability by the Applicants. On July 19, 2006, pursuant to Federal Energy Regulatory DEPARTMENT OF ENERGY delegated authority, the Director, Commission Division of Tariffs and Market [Docket No. CP06–71–002] Federal Energy Regulatory Development—West, granted the Commission requests for blanket approval under Part Carolina Gas Transmission 34. The Director’s order also stated that [Docket Nos. ER06–1152–000, ER06–1152– Corporation; SCG Pipeline, Inc.; South 001] the Commission would publish a Carolina Pipeline Corporation; Notice separate notice in the Federal Register of Tariff Cancellation Celeren Corporation; Notice of establishing a period of time for the Issuance of Order filing of protests. Accordingly, any October 12, 2006. person desiring to be heard or to protest Take notice that on September 29, October 13, 2006. the blanket approvals of issuances of 2006, SUG Pipeline, Inc. (SUG) tendered Celeren Corporation (Celeren) filed an securities or assumptions of liability by for filing a tariff sheet to cancel its FERC application for market-based rate the Applicants should file a motion to Gas Tariff, including its rate schedules. authority, with an accompanying rate intervene or protest with the Federal SCG requests that the cancellation be schedule. The proposed market-based Energy Regulatory Commission, 888 effective November 1, 2006. rate schedule provides for the sale of First Street, NE., Washington, DC 20426, SCG states that any charges or energy, capacity and ancillary services in accordance with Rules 211 and 214 customer credits that are attributable to at market-based rates. Celeren also of the Commission’s Rules of Practice the service provided by SCG prior to requested waivers of various

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Commission regulations. In particular, ‘‘e-Filing’’ link. The Commission approvals of Cinergy M&T’s issuance of Celeren requested that the Commission strongly encourages electronic filings. securities or assumptions of liability. Copies of the full text of the Director’s grant blanket approval under 18 CFR Magalie R. Salas, Part 34 of all future issuances of Order are available from the Secretary. securities and assumptions of liability Commission’s Public Reference Room, [FR Doc. E6–17479 Filed 10–18–06; 8:45 am] by Celeren. 888 First Street, NE., Washington, DC BILLING CODE 6717–01–P 20426. The Order may also be viewed On August 21, 2006, pursuant to on the Commission’s Web site at delegated authority, the Director, http://www.ferc.gov, using the eLibrary Division of Tariffs and Market DEPARTMENT OF ENERGY link. Enter the docket number excluding Development—West, granted the the last three digits in the docket Federal Energy Regulatory requests for blanket approval under Part number filed to access the document. Commission 34. The Director’s order also stated that Comments, protests, and interventions the Commission would publish a may be filed electronically via the separate notice in the Federal Register [Docket No. ER06–1414–000] Internet in lieu of paper. See 18 CFR establishing a period of time for the 385.2001(a)(1)(iii) and the instructions Cinergy Marketing & Trading, L.P.; filing of protests. Accordingly, any on the Commission’s Web site under the Notice of Issuance of Order person desiring to be heard or to protest ‘‘e-Filing’’ link. The Commission the blanket approvals of issuances of October 13, 2006. strongly encourages electronic filings. securities or assumptions of liability by Cinergy Marketing & Trading, L.P. Magalie R. Salas, Celeren should file a motion to (Cinergy M&T) filed request for waivers Secretary. intervene or protest with the Federal of various Commission regulations. In [FR Doc. E6–17498 Filed 10–18–06; 8:45 am] Energy Regulatory Commission, 888 particular, Cinergy M&T requested that First Street, NE., Washington, DC 20426, the Commission grant blanket approval BILLING CODE 6717–01–P in accordance with Rules 211 and 214 under 18 CFR Part 34 of all future of the Commission’s Rules of Practice issuances of securities and assumptions DEPARTMENT OF ENERGY and Procedure. 18 CFR 385.211, 385.214 of liability by Cinergy M&T. (2004). On October 11, 2006, pursuant to Federal Energy Regulatory delegated authority, the Director, Notice is hereby given that the Commission Division of Tariffs and Market deadline for filing motions to intervene Development—West, granted the [Docket No. ER06–1236–000] or protest is November 13, 2006. requests for blanket approval under Part CMP Androscoggin LLC; Notice of Absent a request to be heard in 34. The Director’s order also stated that Issuance of Order opposition by the deadline above, the Commission would publish a Celeren is authorized to issue securities separate notice in the Federal Register October 13, 2006. and assume obligations or liabilities as establishing a period of time for the CMP Androscoggin LLC (CMP a guarantor, indorser, surety, or filing of protests. Accordingly, any Androscoggin) filed an application for otherwise in respect of any security of person desiring to be heard or to protest market-based rate authority, with an another person; provided that such the blanket approvals of issuances of accompanying tariff. The proposed issuance or assumption is for some securities or assumptions of liability by market-based rate tariff provides for the lawful object within the corporate Cinergy M&T should file a motion to sale of energy, capacity and ancillary purposes of Celeren, compatible with intervene or protest with the Federal services at market-based rates. CMP the public interest, and is reasonably Energy Regulatory Commission, 888 Androscoggin also requested waivers of necessary or appropriate for such First Street, NE., Washington, DC 20426, various Commission regulations. In purposes. in accordance with Rules 211 and 214 particular, CMP Androscoggin requested of the Commission’s Rules of Practice that the Commission grant blanket The Commission reserves the right to and Procedure. 18 CFR 385.211, 385.214 approval under 18 CFR part 34 of all require a further showing that neither (2004). future issuances of securities and public nor private interests will be Notice is hereby given that the assumptions of liability by CMP adversely affected by continued deadline for filing motions to intervene Androscoggin. approvals of Celeren’s issuance of or protest is November 13, 2006. On August 14, 2006, pursuant to securities or assumptions of liability. Absent a request to be heard in delegated authority, the Director, Copies of the full text of the Director’s opposition by the deadline above, Division of Tariffs and Market Order are available from the Cinergy M&T is authorized to issue Development—West, granted the Commission’s Public Reference Room, securities and assume obligations or requests for blanket approval under part 888 First Street, NE., Washington, DC liabilities as a guarantor, indorser, 34. The Director’s order also stated that 20426. The Order may also be viewed surety, or otherwise in respect of any the Commission would publish a on the Commission’s Web site at http:// security of another person; provided separate notice in the Federal Register www.ferc.gov, using the eLibrary link. that such issuance or assumption is for establishing a period of time for the Enter the docket number excluding the some lawful object within the corporate filing of protests. Accordingly, any purposes of Cinergy M&T, compatible person desiring to be heard or to protest last three digits in the docket number with the public interest, and is the blanket approvals of issuances of filed to access the document. reasonably necessary or appropriate for securities or assumptions of liability by Comments, protests, and interventions such purposes. CMP Androscoggin should file a motion may be filed electronically via the The Commission reserves the right to to intervene or protest with the Federal internet in lieu of paper. See, 18 CFR require a further showing that neither Energy Regulatory Commission, 888 385.2001(a)(1)(iii) and the instructions public nor private interests will be First Street, NE., Washington, DC 20426, on the Commission’s Web site under the adversely affected by continued in accordance with Rules 211 and 214

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of the Commission’s Rules of Practice CIG states that the FTSA is being DEPARTMENT OF ENERGY and Procedure. 18 CFR 385.211, 385.214 submitted to update a previously (2004). approved non-conforming agreement. Federal Energy Regulatory Commission Notice is hereby given that the Any person desiring to intervene or to deadline for filing motions to intervene protest this filing must file in [Docket No. CP06–468–000] or protest is November 13, 2006. accordance with Rules 211 and 214 of Absent a request to be heard in Columbia Gas Transmission the Commission’s Rules of Practice and opposition by the deadline above, CMP Corporation; Notice of Request Under Procedure (18 CFR 385.211 and Androscoggin is authorized to issue Blanket Authorization securities and assume obligations or 385.214). Protests will be considered by liabilities as a guarantor, indorser, the Commission in determining the October 13, 2006. surety, or otherwise in respect of any appropriate action to be taken, but will Take notice that on September 28, security of another person; provided not serve to make protestants parties to 2006, Columbia Gas Transmission that such issuance or assumption is for the proceeding. Any person wishing to Corporation (Columbia), 1700 some lawful object within the corporate become a party must file a notice of MacCorkle Avenue, SE., Charleston, purposes of CMP Androscoggin, intervention or motion to intervene, as West Virginia 25314, filed in Docket No. compatible with the public interest, and appropriate. Such notices, motions, or CP06–468–000, a prior notice request is reasonably necessary or appropriate protests must be filed in accordance pursuant to sections 157.205, 157.208(b) for such purposes. with the provisions of Section 154.210 and 157.216(b) of the Federal Energy The Commission reserves the right to of the Commission’s regulations (18 CFR Regulatory Commission’s regulations under the Natural Gas Act, and require a further showing that neither 154.210). Anyone filing an intervention Columbia’s blanket certificate issued in public nor private interests will be or protest must serve a copy of that Docket No. CP83–76–000 to replace 5.87 adversely affected by continued document on the Applicant. Anyone miles of its 14-inch Line 1278 with like- approvals of CMP Androscoggin’s filing an intervention or protest on or size pipeline, located in Northampton, issuance of securities or assumptions of before the intervention or protest date Lehigh and Bucks Counties, liability. need not serve motions to intervene or Pennsylvania. Columbia states that the Copies of the full text of the Director’s protests on persons other than the replacement project is due to age and Order are available from the Applicant. condition of the existing pipeline and it Commission’s Public Reference Room, estimates the project cost at 888 First Street, NE., Washington, DC The Commission encourages electronic submission of protests and approximately $12,475,000, all as more 20426. The Order may also be viewed fully set forth in the application, which on the Commission’s Web site at interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. is on file with the Commission and open http://www.ferc.gov, using the eLibrary to public inspection. The filing may also link. Enter the docket number excluding Persons unable to file electronically should submit an original and 14 copies be viewed on the Web at http:// the last three digits in the docket www.ferc.gov using the ‘‘eLibrary’’ link. of the protest or intervention to the number filed to access the document. Enter the docket number excluding the Federal Energy Regulatory Commission, Comments, protests, and interventions last three digits in the docket number may be filed electronically via the 888 First Street, NE., Washington, DC field to access the document. For internet in lieu of paper. See, 18 CFR 20426. assistance, contact FERC at 385.2001(a)(1)(iii) and the instructions This filing is accessible on-line at [email protected] or call on the Commission’s Web site under the http://www.ferc.gov, using the toll-free, (886) 208–3676 or TTY, (202) ‘‘e-Filing’’ link. The Commission ‘‘eLibrary’’ link and is available for 502–8659. strongly encourages electronic filings. review in the Commission’s Public Any questions regarding the Magalie R. Salas, Reference Room in Washington, DC. application should be directed to Secretary. There is an ‘‘eSubscription’’ link on the Fredric J. George, Lead Counsel, Columbia Gas Transmission [FR Doc. E6–17484 Filed 10–18–06; 8:45 am] Web site that enables subscribers to Corporation, P.O. Box 1273, Charleston, BILLING CODE 6717–01–P receive e-mail notification when a document is added to a subscribed West Virginia 22030–0146 at (304) 357– docket(s). For assistance with any FERC 2359, Fax (304) 357–3206. Any person or the Commission’s Staff DEPARTMENT OF ENERGY Online service, please e-mail may, within 45 days after the issuance [email protected], or call of the instant notice by the Commission, Federal Energy Regulatory (866) 208–3676 (toll free). For TTY, call Commission file pursuant to Rule 214 of the (202) 502–8659. Commission’s Procedural Rules (18 CFR 385.214) a motion to intervene or notice [Docket No. RP07–17–000] Magalie R. Salas, Secretary. of intervention and, pursuant to section 157.205 of the Commission’s Colorado Interstate Gas Company; [FR Doc. E6–17458 Filed 10–18–06; 8:45 am] Notice of Proposed Changes in FERC Regulations under the Natural Gas Act BILLING CODE 6717–01–P Gas Tariff (NGA) (18 CFR 157.205) a protest to the request. If no protest is filed within the October 12, 2006. time allowed therefore, the proposed Take notice that on October 10, 2006, activity shall be deemed to be Colorado Interstate Gas Company (CIG) authorized effective the day after the tendered for filing as part of its FERC time allowed for protest. If a protest is Gas Tariff, First Revised Volume No. 1, filed and not withdrawn within 30 days one firm transportation service after the time allowed for filing a agreement (FTSA) with Public Service protest, the instant request shall be Company of Colorado. treated as an application for

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authorization pursuant to Section 7 of LTD–1 customers (those who import to seek court review of the the NGA. LNG) under the Incremental Sendout Commission’s final order. The Commission strongly encourages Quantity (ISQ) provisions of Rate The Commission strongly encourages electronic filings of comments, protests, Schedule LTD–1, as shown in Exhibit P electronic filings of comments, protests, and interventions via the internet in lieu of the application. These LNG terminal and interventions via the Internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) facility improvements are expected to of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the cost more than $21 million, however and the instructions on the Commission’s Web site (http:// Cove Point LNG says that its proposed Commission’s Web site (http:// www.ferc.gov) under the ‘‘e-Filing’’ link. changes to the ISQ service in Rate www.ferc.gov) under the ‘‘e-Filing’’ link. Schedule LTD–1 does not create a Comment Date: 5 p.m. Eastern Time Magalie R. Salas, subsidy, nor will it degrade service to on November 3, 2006. Secretary. existing customers or result in undue [FR Doc. E6–17470 Filed 10–18–06; 8:45 am] discrimination. Cove Point LNG Magalie R. Salas, BILLING CODE 6717–01–P requests that the Commission grant the Secretary. requested authorization at the earliest [FR Doc. E6–17471 Filed 10–18–06; 8:45 am] practicable date, in order to ensure an BILLING CODE 6717–01–P DEPARTMENT OF ENERGY in-service date of August 2008. There are two ways to become Federal Energy Regulatory involved in the Commission’s review of DEPARTMENT OF ENERGY Commission this project. First, any person wishing to Federal Energy Regulatory [Docket No. CP06–469–000] obtain legal status by becoming a party to the proceedings for this project Commission Dominion Cove Point LNG, LP; Notice should, on or before the comment date, [Docket No. CP04–365–004] of Application file with the Federal Energy Regulatory Commission, 888 First Street, NE., Dominion Transmission, Inc.; Notice of October 13, 2006. Washington, DC 20426, a motion to Compliance Filing Take notice that on September 29, intervene in accordance with the 2006, as supplemented on October 10, requirements of the Commission’s Rules October 12, 2006. 2006, Dominion Cove Point LNG, LP of Practice and Procedure (18 CFR Take notice that on September 28, (Cove Point LNG) filed an application in 385.214 or 385.211) and the Regulations 2006, Dominion Transmission, Inc. Docket No. CP06–469–000, pursuant to under the NGA (18 CFR 157.10). A (DTI) tendered for filing as part of its section 3 of the Natural Gas Act (NGA), person obtaining party status will be FERC Gas Tariff, Third Revised Volume for authority to construct, install, own, placed on the service list maintained by No. 1, Sixth Revised Sheet No. 36 and operate and maintain certain facilities at the Secretary of the Commission and Second Revised Sheet No. 36A, to the Cove Point LNG import terminal at will receive copies of all documents become effective November 1, 2006. Cove Point, Maryland (Post Expansion filed by the applicant and by all other DTI states that the filing is being made Send-out Project). The details of this parties. A party must submit 14 copies in compliance with the Commission’s proposal are more fully set forth in the of filings made with the Commission order issued on October 20, 2005, application that is on file with the and must mail a copy to the applicant requiring DTI to change the proposed Commission and open to public and to every other party in the incremental transportation rate as the inspection. proceeding. Only parties to the initial rate for service under Rate The filing may also be viewed on the proceeding can ask for court review of Schedule FTGSS. web at http://www.ferc.gov using the Commission orders in the proceeding. Any person desiring to protest this ‘‘eLibrary’’ link. Enter the docket Persons who wish to comment only filing must file in accordance with Rule number excluding the last three digits in on the environmental review of this 211 of the Commission’s Rules of the docket number field to access the project, or in support of or in opposition Practice and Procedure (18 CFR document. For assistance, please contact to this project, should submit an 385.211). Protests to this filing will be FERC Online Support at original and two copies of their considered by the Commission in [email protected] or toll comments to the Secretary of the determining the appropriate action to be free at (866) 208–3676, or TTY (202) Commission. Environmental taken, but will not serve to make 502–8659. commentors will be placed on the protestants parties to the proceeding. Any questions regarding this Commission’s environmental mailing Such protests must be filed on or before application should be directed to Anne list, will receive copies of the the date as indicated below. Anyone E. Bomar, Vice President, Federal environmental documents, and will be filing a protest must serve a copy of that Regulations, Dominion Resources, Inc., notified of meetings associated with the document on all the parties to the 120 Tredegar Street, Richmond, Virginia Commission’s environmental review proceeding. 23219, or by phone at (804) 819–2134. process. Environmental commentors The Commission encourages Cove Point LNG says that the Post will not be required to serve copies of electronic submission of protests in lieu Expansion Send-out Project is designed filed documents on all other parties. of paper using the ‘‘eFiling’’ link at to add three spare LNG send-out pumps, The Commission’s rules require that http://www.ferc.gov. Persons unable to two auxiliary heaters to be used as an persons filing comments in opposition file electronically should submit an alternate heating source for existing to the project provide copies of their original and 14 copies of the protest to waste heat vaporizers, and related protests only to the applicant. However, the Federal Energy Regulatory electrical infrastructure improvements the non-party commentors will not Commission, 888 First Street, NE., at the Dominion Cove Point LNG import receive copies of all documents filed by Washington, DC 20426. terminal located in Calvert County, other parties or issued by the This filing is accessible on-line at Maryland. The proposed facilities will Commission (except for the mailing of http://www.ferc.gov, using the also enhance the reliability of service at environmental documents issued by the ‘‘eLibrary’’ link and is available for the LNG terminal for the Rate Schedule Commission) and will not have the right review in the Commission’s Public

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Reference Room in Washington, DC. should submit an original and 14 copies and Procedure. 18 CFR 385.211, 385.214 There is an ‘‘eSubscription’’ link on the of the protest or intervention to the (2004). Web site that enables subscribers to Federal Energy Regulatory Commission, Notice is hereby given that the receive e-mail notification when a 888 First Street, NE., Washington, DC deadline for filing motions to intervene document is added to a subscribed 20426. or protest is November 13, 2006. docket(s). For assistance with any FERC This filing is accessible on-line at Absent a request to be heard in Online service, please e-mail http://www.ferc.gov, using the opposition by the deadline above, ECP [email protected], or call ‘‘eLibrary’’ link and is available for Energy is authorized to issue securities (866) 208–3676 (toll free). For TTY, call review in the Commission’s Public and assume obligations or liabilities as (202) 502–8659. Reference Room in Washington, DC. a guarantor, indorser, surety, or Comment Date: 5 p.m. Eastern Time There is an ‘‘eSubscription’’ link on the otherwise in respect of any security of on October 17, 2006. Web site that enables subscribers to another person; provided that such Magalie R. Salas, receive e-mail notification when a issuance or assumption is for some Secretary. document is added to a subscribed lawful object within the corporate docket(s). For assistance with any FERC purposes of ECP Energy, compatible [FR Doc. E6–17466 Filed 10–18–06; 8:45 am] Online service, please e-mail with the public interest, and is BILLING CODE 6717–01–P [email protected], or call reasonably necessary or appropriate for (866) 208–3676 (toll free). For TTY, call such purposes. DEPARTMENT OF ENERGY (202) 502–8659. The Commission reserves the right to require a further showing that neither Magalie R. Salas, Federal Energy Regulatory public nor private interests will be Secretary. Commission adversely affected by continued [FR Doc. E6–17487 Filed 10–18–06; 8:45 am] approvals of ECP Energy’s issuance of [Docket No. RP07–18–000] BILLING CODE 6717–01–P securities or assumptions of liability. Eastern Shore Natural Gas Company; Copies of the full text of the Director’s Order are available from the Notice of Proposed Changes in FERC DEPARTMENT OF ENERGY Gas Tariff Commission’s Public Reference Room, Federal Energy Regulatory 888 First Street, NE., Washington, DC October 13, 2006. Commission 20426. The Order may also be viewed Take notice that on October 10, 2006 on the Commission’s Web site at Eastern Shore Natural Gas Company [Docket Nos. ER06–1118–000; ER06–1118– http://www.ferc.gov, using the eLibrary (Eastern Shore) tendered for filing 001; and ER06–1118–002] link. Enter the docket number excluding revised tariff sheets, proposed to be the last three digits in the docket effective October 1, 2006: ECP Energy, LLC; Notice of Issuance number filed to access the document. of Order Sixty-First Revised Sheet No. 7. Comments, protests, and interventions Sixty-First Revised Sheet No. 8. October 13, 2006. may be filed electronically via the Eastern Shore states that copies of its ECP Energy, LLC (ECP Energy) filed Internet in lieu of paper. See, 18 CFR filing have been mailed to its customers an application for market-based rate 385.2001(a)(1)(iii) and the instructions and interested state commissions. authority, with an accompanying tariff. on the Commission’s Web site under the Any person desiring to intervene or to The proposed market-based rate tariff ‘‘e-Filing’’ link. The Commission protest this filing must file in provides for the sale of energy, capacity strongly encourages electronic filings. accordance with Rules 211 and 214 of and ancillary services at market-based Magalie R. Salas, the Commission’s Rules of Practice and rates. ECP Energy also requested Secretary. Procedure (18 CFR 385.211 and waivers of various Commission [FR Doc. E6–17476 Filed 10–18–06; 8:45 am] 385.214). Protests will be considered by regulations. In particular, ECP Energy BILLING CODE 6717–01–P the Commission in determining the requested that the Commission grant appropriate action to be taken, but will blanket approval under 18 CFR part 34 not serve to make protestants parties to of all future issuances of securities and DEPARTMENT OF ENERGY the proceeding. Any person wishing to assumptions of liability by ECP Energy. become a party must file a notice of On September 7, 2006, pursuant to Federal Energy Regulatory intervention or motion to intervene, as delegated authority, the Director, Commission appropriate. Such notices, motions, or Division of Tariffs and Market Development—West, granted the [Docket Nos. ER06–1355–000; ER06–1355– protests must be filed in accordance 001] with the provisions of section 154.210 requests for blanket approval under Part of the Commission’s regulations (18 CFR 34. The Director’s order also stated that Evergreen Windpower, LLC; Notice of 154.210). Anyone filing an intervention the Commission would publish a Issuance of Order or protest must serve a copy of that separate notice in the Federal Register document on the Applicant. Anyone establishing a period of time for the October 13, 2006. filing an intervention or protest on or filing of protests. Accordingly, any Evergreen Windpower, LLC before the intervention or protest date person desiring to be heard or to protest (Evergreen) filed an application for need not serve motions to intervene or the blanket approvals of issuances of market-based rate authority, with an protests on persons other than the securities or assumptions of liability by accompanying tariff. The proposed Applicant. ECP Energy should file a motion to market-based rate tariff provides for the The Commission encourages intervene or protest with the Federal sale of energy and capacity at market- electronic submission of protests and Energy Regulatory Commission, 888 based rates. Evergreen also requested interventions in lieu of paper using the First Street, NE., Washington, DC 20426, waivers of various Commission ‘‘eFiling’’ link at http://www.ferc.gov. in accordance with Rules 211 and 214 regulations. In particular, Evergreen Persons unable to file electronically of the Commission’s Rules of Practice requested that the Commission grant

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blanket approval under 18 CFR part 34 DEPARTMENT OF ENERGY Commission’s Public Reference Room, of all future issuances of securities and 888 First Street, NE., Washington, DC assumptions of liability by Evergreen. Federal Energy Regulatory 20426. The Order may also be viewed On September 19, 2006, pursuant to Commission on the Commission’s Web site at delegated authority, the Director, [Docket Nos. ER06–1223–000; ER06–1223– http://www.ferc.gov, using the eLibrary Division of Tariffs and Market 001] link. Enter the docket number excluding Development—West, granted the the last three digits in the docket requests for blanket approval under part Fairchild Energy, LLC; Notice of number filed to access the document. 34. The Director’s order also stated that Issuance of Order Comments, protests, and interventions the Commission would publish a may be filed electronically via the October 13, 2006. separate notice in the Federal Register Internet in lieu of paper. See, 18 CFR Fairchild Energy, LLC (Fairchild) filed establishing a period of time for the 385.2001(a)(1)(iii) and the instructions an application for market-based rate filing of protests. Accordingly, any on the Commission’s Web site under the authority, with an accompanying tariff. person desiring to be heard or to protest ‘‘e-Filing’’ link. The Commission The proposed market-based rate tariff the blanket approvals of issuances of strongly encourages electronic filings. provides for the sale of energy and securities or assumptions of liability by capacity at market-based rates. Fairchild Magalie R. Salas, Evergreen should file a motion to also requested waivers of various Secretary. intervene or protest with the Federal Commission regulations. In particular, Energy Regulatory Commission, 888 [FR Doc. E6–17483 Filed 10–18–06; 8:45 am] Fairchild requested that the First Street, NE., Washington, DC 20426, BILLING CODE 6717–01–P Commission grant blanket approval in accordance with Rules 211 and 214 under 18 CFR part 34 of all future of the Commission’s Rules of Practice issuances of securities and assumptions DEPARTMENT OF ENERGY and Procedure. 18 CFR 385.211, 385.214 of liability by Fairchild. (2004). On September 7, 2006, pursuant to Federal Energy Regulatory Notice is hereby given that the delegated authority, the Director, Commission deadline for filing motions to intervene Division of Tariffs and Market or protest is November 13, 2006. Development—West, granted the [Docket Nos. ER06–1261–000, ER06–1261– Absent a request to be heard in requests for blanket approval under part 001] opposition by the deadline above, 34. The Director’s order also stated that Evergreen is authorized to issue the Commission would publish a FPL Energy Mower County, LLC; securities and assume obligations or separate notice in the Federal Register Notice of Issuance of Order liabilities as a guarantor, indorser, establishing a period of time for the October 13, 2006. surety, or otherwise in respect of any filing of protests. Accordingly, any security of another person; provided person desiring to be heard or to protest FPL Energy Mower County, LLC (FPL that such issuance or assumption is for the blanket approvals of issuances of Mower) filed an application for market- some lawful object within the corporate securities or assumptions of liability by based rate authority, with an purposes of Evergreen, compatible with Fairchild should file a motion to accompanying rate schedule. The the public interest, and is reasonably intervene or protest with the Federal proposed market-based rate schedule necessary or appropriate for such Energy Regulatory Commission, 888 provides for the sale of energy, capacity purposes. First Street, NE., Washington, DC 20426, and ancillary services at market-based The Commission reserves the right to in accordance with Rules 211 and 214 rates. FPL Mower also requested require a further showing that neither of the Commission’s Rules of Practice waivers of various Commission public nor private interests will be and Procedure. 18 CFR 385.211, 385.214 regulations. In particular, FPL Mower adversely affected by continued (2004). requested that the Commission grant approvals of Evergreen’s issuance of Notice is hereby given that the blanket approval under 18 CFR Part 34 securities or assumptions of liability. deadline for filing motions to intervene of all future issuances of securities and Copies of the full text of the Director’s or protest is November 13, 2006. assumptions of liability by FPL Mower. Order are available from the Absent a request to be heard in On September 21, 2006, pursuant to Commission’s Public Reference Room, opposition by the deadline above, delegated authority, the Director, 888 First Street, NE., Washington, DC Fairchild is authorized to issue Division of Tariffs and Market 20426. The Order may also be viewed securities and assume obligations or Development—West, granted the on the Commission’s Web site at liabilities as a guarantor, indorser, requests for blanket approval under Part http://www.ferc.gov, using the eLibrary surety, or otherwise in respect of any 34. The Director’s order also stated that link. Enter the docket number excluding security of another person; provided the Commission would publish a the last three digits in the docket that such issuance or assumption is for separate notice in the Federal Register number filed to access the document. some lawful object within the corporate establishing a period of time for the Comments, protests, and interventions purposes of Fairchild, compatible with filing of protests. Accordingly, any may be filed electronically via the the public interest, and is reasonably person desiring to be heard or to protest Internet in lieu of paper. See 18 CFR necessary or appropriate for such the blanket approvals of issuances of 385.2001(a)(1)(iii) and the instructions purposes. securities or assumptions of liability by on the Commission’s Web site under the The Commission reserves the right to FPL Mower should file a motion to ‘‘e-Filing’’ link. The Commission require a further showing that neither intervene or protest with the Federal strongly encourages electronic filings. public nor private interests will be Energy Regulatory Commission, 888 adversely affected by continued First Street, NE., Washington, DC 20426, Magalie R. Salas, approvals of Fairchild’s issuance of in accordance with Rules 211 and 214 Secretary. securities or assumptions of liability. of the Commission’s Rules of Practice [FR Doc. E6–17492 Filed 10–18–06; 8:45 am] Copies of the full text of the Director’s and Procedure. 18 CFR 385.211, 385.214 BILLING CODE 6717–01–P Order are available from the (2004).

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Notice is hereby given that the securities and assumptions of liability DEPARTMENT OF ENERGY deadline for filing motions to intervene by Hawks Nest. or protest is November 13, 2006. On September 29, 2006, pursuant to Federal Energy Regulatory Absent a request to be heard in delegated authority, the Director, Commission opposition by the deadline above, FPL Division of Tariffs and Market Mower is authorized to issue securities Development—West, granted the [Docket No. RP06–407–002] and assume obligations or liabilities as requests for blanket approval under part a guarantor, indorser, surety, or 34. The Director’s order also stated that Gas Transmission Northwest otherwise in respect of any security of the Commission would publish a Corporation; Notice of Compliance another person; provided that such separate notice in the Federal Register Filing issuance or assumption is for some establishing a period of time for the lawful object within the corporate filing of protests. Accordingly, any October 12, 2006. purposes of FPL Mower, compatible person desiring to be heard or to protest Take notice that on October 6, 2006, with the public interest, and is the blanket approvals of issuances of Gas Transmission Northwest reasonably necessary or appropriate for securities or assumptions of liability by Corporation (GTN) tendered for filing as such purposes. FPL Oliver Wind should file a motion part of its FERC Gas Tariff, Third The Commission reserves the right to to intervene or protest with the Federal Revised Volume No. 1–A, the following require a further showing that neither Energy Regulatory Commission, 888 tariff sheets, to become effective January public nor private interests will be First Street, NE., Washington, DC 20426, 1, 2007: adversely affected by continued in accordance with Rules 211 and 214 approvals of FPL Mower’s issuance of of the Commission’s Rules of Practice Second Revised Sheet No. 221. securities or assumptions of liability. and Procedure. 18 CFR 385.211, 385.214 Original Sheet No. 221A . Copies of the full text of the Director’s (2004). Order are available from the Any person desiring to protest this Notice is hereby given that the filing must file in accordance with Rule Commission’s Public Reference Room, deadline for filing motions to intervene 211 of the Commission’s Rules of 888 First Street, NE., Washington, DC or protest is November 13, 2006. 20426. The Order may also be viewed Practice and Procedure (18 CFR Absent a request to be heard in 385.211). Protests to this filing will be on the Commission’s Web site at http:// opposition by the deadline above, FPL considered by the Commission in www.ferc.gov, using the eLibrary link. Oliver Wind is authorized to issue determining the appropriate action to be Enter the docket number excluding the securities and assume obligations or taken, but will not serve to make last three digits in the docket number liabilities as a guarantor, indorser, filed to access the document. surety, or otherwise in respect of any protestants parties to the proceeding. Comments, protests, and interventions security of another person; provided Such protests must be filed in may be filed electronically via the that such issuance or assumption is for accordance with the provisions of internet in lieu of paper. See, 18 CFR some lawful object within the corporate Section 154.210 of the Commission’s 385.2001(a)(1)(iii) and the instructions purposes of FPL Oliver Wind, regulations (18 CFR 154.210). Anyone on the Commission’s Web site under the compatible with the public interest, and filing a protest must serve a copy of that ‘‘e-Filing’’ link. The Commission is reasonably necessary or appropriate document on all the parties to the strongly encourages electronic filings. for such purposes. proceeding. Magalie R. Salas, The Commission reserves the right to The Commission encourages Secretary. require a further showing that neither electronic submission of protests in lieu [FR Doc. E6–17505 Filed 10–18–06; 8:45 am] public nor private interests will be of paper using the ‘‘eFiling’’ link at BILLING CODE 6717–01–P adversely affected by continued http://www.ferc.gov. Persons unable to approvals of FPL Oliver Wind’s file electronically should submit an issuance of securities or assumptions of original and 14 copies of the protest to DEPARTMENT OF ENERGY liability. the Federal Energy Regulatory Copies of the full text of the Director’s Commission, 888 First Street, NE., Federal Energy Regulatory Order are available from the Washington, DC 20426. Commission Commission’s Public Reference Room, This filing is accessible on-line at 888 First Street, NE., Washington, DC [Docket No. ER06–1392–000] http://www.ferc.gov, using the 20426. The Order may also be viewed ‘‘eLibrary’’ link and is available for FPL Energy Oliver Wind, LLC; Notice on the Commission’s Web site at review in the Commission’s Public of Issuance of Order http://www.ferc.gov, using the eLibrary link. Enter the docket number excluding Reference Room in Washington, DC. October 13, 2006. the last three digits in the docket There is an ‘‘eSubscription’’ link on the FPL Energy Oliver Wind, LLC (FPL number filed to access the document. Web site that enables subscribers to Oliver Wind) filed an application for Comments, protests, and interventions receive e-mail notification when a market-based rate authority, with an may be filed electronically via the document is added to a subscribed accompanying rate schedule. The internet in lieu of paper. See 18 CFR docket(s). For assistance with any FERC proposed market-based rate schedule 385.2001(a)(1)(iii) and the instructions Online service, please e-mail provides for the sale of energy, capacity on the Commission’s Web site under the [email protected], or call and ancillary services at market-based ‘‘e-Filing’’ link. The Commission (866) 208–3676 (toll free). For TTY, call rates. FPL Oliver Wind also requested strongly encourages electronic filings. (202) 502–8659. waivers of various Commission regulations. In particular, FPL Oliver Magalie R. Salas, Magalie R. Salas, Wind requested that the Commission Secretary. Secretary. grant blanket approval under 18 CFR [FR Doc. E6–17495 Filed 10–18–06; 8:45 am] [FR Doc. E6–17464 Filed 10–18–06; 8:45 am] part 34 of all future issuances of BILLING CODE 6717–01–P BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY Commission’s Public Reference Room, Notice is hereby given that the 888 First Street, NE., Washington, DC deadline for filing motions to intervene Federal Energy Regulatory 20426. The Order may also be viewed or protest is November 13, 2006. Commission on the Commission’s Web site at Absent a request to be heard in [Docket No. ER06–1446–000] http://www.ferc.gov, using the eLibrary opposition by the deadline above, IPC is link. Enter the docket number excluding authorized to issue securities and Hawks Nest Hydro LLC; Notice of the last three digits in the docket assume obligations or liabilities as a Issuance of Order number filed to access the document. guarantor, indorser, surety, or otherwise Comments, protests, and interventions in respect of any security of another October 13, 2006. may be filed electronically via the person; provided that such issuance or Hawks Nest Hydro LLC (Hawks Nest) internet in lieu of paper. See 18 CFR assumption is for some lawful object filed an application for market-based 385.2001(a)(1)(iii) and the instructions within the corporate purposes of IPC, rate authority, with an accompanying on the Commission’s Web site under the compatible with the public interest, and tariff. The proposed market-based rate ‘‘e-Filing’’ link. The Commission is reasonably necessary or appropriate tariff provides for the sale of energy, strongly encourages electronic filings. for such purposes. capacity and ancillary services at The Commission reserves the right to Magalie R. Salas, market-based rates. Hawks Nest also require a further showing that neither requested waivers of various Secretary. public nor private interests will be Commission regulations. In particular, [FR Doc. E6–17499 Filed 10–18–06; 8:45 am] adversely affected by continued Hawks Nest requested that the BILLING CODE 6717–01–P approvals of IPC’s issuance of securities Commission grant blanket approval or assumptions of liability. under 18 CFR Part 34 of all future Copies of the full text of the Director’s issuances of securities and assumptions DEPARTMENT OF ENERGY Order are available from the of liability by Hawks Nest. On September 29, 2006, pursuant to Commission’s Public Reference Room, Federal Energy Regulatory 888 First Street, NE., Washington, DC delegated authority, the Director, Commission Division of Tariffs and Market 20426. The Order may also be viewed on the Commission’s Web site at Development—West, granted the [Docket No. ER06–1364–000] requests for blanket approval under Part http://www.ferc.gov, using the eLibrary 34. The Director’s order also stated that link. Enter the docket number excluding International Paper Company; Notice the last three digits in the docket the Commission would publish a of Issuance of Order separate notice in the Federal Register number filed to access the document. establishing a period of time for the October 13, 2006. Comments, protests, and interventions filing of protests. Accordingly, any may be filed electronically via the International Paper Company (IPC) Internet in lieu of paper. See 18 CFR person desiring to be heard or to protest filed an application for market-based the blanket approvals of issuances of 385.2001(a)(1)(iii) and the instructions rate authority, with an accompanying on the Commission’s Web site under the securities or assumptions of liability by rate schedule. The proposed market- Hawks Nest should file a motion to ‘‘e-Filing’’ link. The Commission based rate schedule provides for the sale strongly encourages electronic filings. intervene or protest with the Federal of energy, capacity and ancillary Energy Regulatory Commission, 888 services at market-based rates. IPC also Magalie R. Salas, First Street, NE., Washington, DC 20426, requested waivers of various Secretary. in accordance with Rules 211 and 214 Commission regulations. In particular, [FR Doc. E6–17493 Filed 10–18–06; 8:45 am] of the Commission’s Rules of Practice IPC requested that the Commission BILLING CODE 6717–01–P and Procedure. 18 CFR 385.211, 385.214 grant blanket approval under 18 CFR (2004). part 34 of all future issuances of Notice is hereby given that the securities and assumptions of liability DEPARTMENT OF ENERGY deadline for filing motions to intervene by IPC. or protest is November 13, 2006. Federal Energy Regulatory Absent a request to be heard in On September 19, 2006, pursuant to Commission opposition by the deadline above, delegated authority, the Director, Hawks Nest is authorized to issue Division of Tariffs and Market Development—West, granted the [Docket Nos. ER06–1243–000, ER06–1243– securities and assume obligations or 001] liabilities as a guarantor, indorser, requests for blanket approval under part surety, or otherwise in respect of any 34. The Director’s order also stated that Liberty Power Holdings, LLC; Notice of security of another person; provided the Commission would publish a Issuance of Order that such issuance or assumption is for separate notice in the Federal Register some lawful object within the corporate establishing a period of time for the October 13, 2006. purposes of Hawks Nest, compatible filing of protests. Accordingly, any Liberty Power Holding, LLC (Liberty with the public interest, and is person desiring to be heard or to protest Power) filed an application for market- reasonably necessary or appropriate for the blanket approvals of issuances of based rate authority, with an such purposes. securities or assumptions of liability by accompanying rate schedule. The The Commission reserves the right to IPC should file a motion to intervene or proposed market-based rate schedule require a further showing that neither protest with the Federal Energy provides for the sale of energy and public nor private interests will be Regulatory Commission, 888 First capacity at market-based rates. Liberty adversely affected by continued Street, NE., Washington, DC 20426, in Power also requested waivers of various approvals of Hawk Nest’s issuance of accordance with Rules 211 and 214 of Commission regulations. In particular, securities or assumptions of liability. the Commission’s Rules of Practice and Liberty Power requested that the Copies of the full text of the Director’s Procedure. 18 CFR 385.211, 385.214 Commission grant blanket approval Order are available from the (2004). under 18 CFR Part 34 of all future

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issuances of securities and assumptions Absent a request to be heard in Enter the docket number excluding the of liability by Liberty Power. opposition by the deadline above, last three digits in the docket number On September 6, 2006, pursuant to Liberty Power is authorized to issue filed to access the document. delegated authority, the Director, securities and assume obligations or Comments, protests, and interventions Division of Tariffs and Market liabilities as a guarantor, indorser, may be filed electronically via the Development—West, granted the surety, or otherwise in respect of any internet in lieu of paper. See, 18 CFR requests for blanket approval under Part security of another person; provided 385.2001(a)(1)(iii) and the instructions 34. The Director’s order also stated that that such issuance or assumption is for on the Commission’s Web site under the the Commission would publish a some lawful object within the corporate ‘‘e-Filing’’ link. The Commission separate notice in the Federal Register purposes of Liberty Power, compatible strongly encourages electronic filings. establishing a period of time for the with the public interest, and is filing of protests. Accordingly, any reasonably necessary or appropriate for Magalie R. Salas, person desiring to be heard or to protest such purposes. Secretary. the blanket approvals of issuances of The Commission reserves the right to [FR Doc. E6–17468 Filed 10–18–06; 8:45 am] securities or assumptions of liability by require a further showing that neither Liberty Power should file a motion to public nor private interests will be BILLING CODE 6717–01–P intervene or protest with the Federal adversely affected by continued Energy Regulatory Commission, 888 approvals of Liberty Power’s issuance of DEPARTMENT OF ENERGY First Street, NE., Washington, DC 20426, securities or assumptions of liability. Copies of the full text of the Director’s in accordance with Rules 211 and 214 Federal Energy Regulatory of the Commission’s Rules of Practice Order are available from the Commission and Procedure. 18 CFR 385.211, 385.214 Commission’s Public Reference Room, (2004). 888 First Street, NE., Washington, DC Notice of Issuance of Order Notice is hereby given that the 20426. The Order may also be viewed deadline for filing motions to intervene on the Commission’s Web site at http:// October 13, 2006. or protest is November 13, 2006. www.ferc.gov, using the eLibrary link.

Liberty Power Maine, LLC ...... Docket No. ER06–1147– 000 Liberty Power New Jersey LLC ...... Docket No. ER06–1148– 000 Liberty Power Rhode Island LLC ...... Docket No. ER06–1149– 000 Liberty Power Massachusetts LLC ...... Docket No. ER06–1150– 000 Liberty Power Illinois LLC ...... Docket No. ER06–1151– 000 Liberty Power Montana LLC ...... Docket No. ER06–1155– 000 Liberty Power Delaware LLC ...... Docket No. ER06–1157– 000 Liberty Power Michigan LLC ...... Docket No. ER06–1156– 000 Liberty Power Virginia LLC ...... Docket No. ER06–1158– 000 Liberty Power Arizona LLC ...... Docket No. ER06–1159– 000 Liberty Power Oregon LLC ...... Docket No. ER06–1161– 000 Liberty Power Nevada LLC ...... Docket No. ER06–1166– 000 Liberty Power New Hampshire LLC ...... Docket No. ER06–1167– 000 Liberty Power Pennsylvania LLC ...... Docket No. ER06–1168– 000 Liberty Power Ohio LLC ...... Docket No. ER06–1170– 000 Liberty Power California LLP ...... Docket No. ER06–1172– 000 Liberty Power Connecticut LLP ...... Docket No. ER06–1173– 000

Liberty Power Entities filed Liberty Power Entities requested that requests for blanket approval under part applications for market-based rate the Commission grant blanket approval 34. The Director’s order also stated that authority, with an accompanying rate under 18 CFR part 34 of all future the Commission would publish a schedules. The proposed market-based issuances of securities and assumptions separate notice in the Federal Register rate schedules provide for the sale of of liability by Liberty Power Entities. establishing a period of time for the energy and capacity at market-based On July 14, 2006, pursuant to filing of protests. Accordingly, any rates. Liberty Power Entities also delegated authority, the Director, person desiring to be heard or to protest requested waivers of various Division of Tariffs and Market the blanket approvals of issuances of Commission regulations. In particular, Development—West, granted the securities or assumptions of liability by

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Liberty Power Entities should file a market-based rate tariff provides for the ‘‘e-Filing’’ link. The Commission motion to intervene or protest with the sale of energy, capacity and ancillary strongly encourages electronic filings. Federal Energy Regulatory Commission, services at market-based rates. MATEP Magalie R. Salas, 888 First Street, NE., Washington, DC LLC also requested waivers of various 20426, in accordance with Rules 211 Commission regulations. In particular, Secretary. and 214 of the Commission’s Rules of MATEP LLC requested that the [FR Doc. E6–17477 Filed 10–18–06; 8:45 am] Practice and Procedure. 18 CFR 385.211, Commission grant blanket approval BILLING CODE 6717–01–P 385.214 (2004). under 18 C.F.R. Part 34 of all future Notice is hereby given that the issuances of securities and assumptions deadline for filing motions to intervene of liability by MATEP LLC. DEPARTMENT OF ENERGY or protest is November 13, 2006. On August 11, 2006, pursuant to Federal Energy Regulatory Absent a request to be heard in delegated authority, the Director, Commission opposition by the deadline above, Division of Tariffs and Market Liberty Power Entities are authorized to Development—West, granted the [Docket Nos. ER06–1239–000; ER06–1239– issue securities and assume obligations requests for blanket approval under Part 001] or liabilities as a guarantor, indorser, 34. The Director’s order also stated that Moguai Energy, LLC; Notice of surety, or otherwise in respect of any the Commission would publish a Issuance of Order security of another person; provided separate notice in the Federal Register that such issuance or assumption is for establishing a period of time for the October 13, 2006. some lawful object within the corporate filing of protests. Accordingly, any Moguai Energy, LLC (Moguai Energy) purposes of Liberty Power Entities, person desiring to be heard or to protest filed an application for market-based compatible with the public interest, and the blanket approvals of issuances of rate authority, with an accompanying is reasonably necessary or appropriate securities or assumptions of liability by rate schedule. The proposed market- for such purposes. MATEP LLC should file a motion to based rate schedule provides for the sale The Commission reserves the right to intervene or protest with the Federal of energy and capacity at market-based require a further showing that neither Energy Regulatory Commission, 888 rates. Moguai Energy also requested public nor private interests will be First Street, NE., Washington, DC 20426, waivers of various Commission adversely affected by continued in accordance with Rules 211 and 214 regulations. In particular, Moguai approvals of Liberty Power Entities’ of the Commission’s Rules of Practice Energy requested that the Commission issuances of securities or assumptions of and Procedure. 18 CFR 385.211, 385.214 grant blanket approval under 18 CFR liability. (2004). part 34 of all future issuances of Copies of the full text of the Director’s Notice is hereby given that the securities and assumptions of liability Order are available from the deadline for filing motions to intervene by Moguai Energy. Commission’s Public Reference Room, or protest is November 17, 2006. On September 8, 2006, pursuant to 888 First Street, NE., Washington, DC Absent a request to be heard in delegated authority, the Director, 20426. The Order may also be viewed opposition by the deadline above, Division of Tariffs and Market on the Commission’s Web site at http:// MATEP LLC is authorized to issue Development—West, granted the www.ferc.gov, using the eLibrary link. securities and assume obligations or requests for blanket approval under part Enter the docket number excluding the liabilities as a guarantor, indorser, 34. The Director’s order also stated that last three digits in the docket number surety, or otherwise in respect of any the Commission would publish a filed to access the document. security of another person; provided separate notice in the Federal Register Comments, protests, and interventions that such issuance or assumption is for establishing a period of time for the may be filed electronically via the some lawful object within the corporate filing of protests. Accordingly, any internet in lieu of paper. See, 18 CFR purposes of MATEP LLC, compatible person desiring to be heard or to protest 385.2001(a)(1)(iii) and the instructions with the public interest, and is the blanket approvals of issuances of on the Commission’s Web site under the reasonably necessary or appropriate for securities or assumptions of liability by ‘‘e-Filing’’ link. The Commission such purposes. Moguai should file a motion to strongly encourages electronic filings. The Commission reserves the right to intervene or protest with the Federal Magalie R. Salas, require a further showing that neither Energy Regulatory Commission, 888 Secretary. public nor private interests will be First Street, NE., Washington, DC 20426, adversely affected by continued [FR Doc. E6–17478 Filed 10–18–06; 8:45 am] in accordance with Rules 211 and 214 approvals of MATEP LLC’s issuance of of the Commission’s Rules of Practice BILLING CODE 6717–01–P securities or assumptions of liability. and Procedure. 18 CFR 385.211, 385.214 Copies of the full text of the Director’s (2004). DEPARTMENT OF ENERGY Order are available from the Notice is hereby given that the Commission’s Public Reference Room, deadline for filing motions to intervene Federal Energy Regulatory 888 First Street, NE., Washington, DC or protest is November 13, 2006. Commission 20426. The Order may also be viewed Absent a request to be heard in on the Commission’s Web site at http:// opposition by the deadline above, [Docket Nos. ER06–1143–000, ER06–1143– www.ferc.gov, using the eLibrary link. Moguai Energy is authorized to issue 001] Enter the docket number excluding the securities and assume obligations or MATEP LLC.; Notice of Issuance of last three digits in the docket number liabilities as a guarantor, indorser, Order filed to access the document. surety, or otherwise in respect of any Comments, protests, and interventions security of another person; provided October 13, 2006. may be filed electronically via the that such issuance or assumption is for MATEP LLC filed an application for internet in lieu of paper. See, 18 CFR some lawful object within the corporate market-based rate authority, with an 385.2001(a)(1)(iii) and the instructions purposes of Moguai Energy, compatible accompanying tariff. The proposed on the Commission’s Web site under the with the public interest, and is

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reasonably necessary or appropriate for securities or assumptions of liability by accompanying rate schedule. The such purposes. Mt. Tom Generating should file a proposed market-based rate schedule The Commission reserves the right to motion to intervene or protest with the provides for the sale of energy, capacity require a further showing that neither Federal Energy Regulatory Commission, and the reassignment of transmission public nor private interests will be 888 First Street, NE., Washington, DC capacity. New Hope also requested adversely affected by continued 20426, in accordance with Rules 211 waivers of various Commission approvals of Moguai Energy’s issuance and 214 of the Commission’s Rules of regulations. In particular, New Hope of securities or assumptions of liability. Practice and Procedure. 18 CFR 385.211, requested that the Commission grant Copies of the full text of the Director’s 385.214 (2004). blanket approval under 18 CFR part 34 Order are available from the Notice is hereby given that the of all future issuances of securities and Commission’s Public Reference Room, deadline for filing motions to intervene assumptions of liability by New Hope. 888 First Street, NE., Washington, DC or protest is November 13, 2006. On September 8, 2006, pursuant to 20426. The Order may also be viewed Absent a request to be heard in delegated authority, the Director, on the Commission’s Web site at opposition by the deadline above, Mt. Division of Tariffs and Market http://www.ferc.gov, using the eLibrary Tom Generating is authorized to issue Development—West, granted the link. Enter the docket number excluding securities and assume obligations or requests for blanket approval under Part the last three digits in the docket liabilities as a guarantor, indorser, 34. The Director’s order also stated that number filed to access the document. surety, or otherwise in respect of any the Commission would publish a Comments, protests, and interventions security of another person; provided separate notice in the Federal Register may be filed electronically via the that such issuance or assumption is for establishing a period of time for the Internet in lieu of paper. See, 18 CFR some lawful object within the corporate filing of protests. Accordingly, any 385.2001(a)(1)(iii) and the instructions purposes of Mt. Tom Generating, person desiring to be heard or to protest on the Commission’s Web site under the compatible with the public interest, and the blanket approvals of issuances of ‘‘e-Filing’’ link. The Commission is reasonably necessary or appropriate securities or assumptions of liability by strongly encourages electronic filings. for such purposes. New Hope should file a motion to The Commission reserves the right to intervene or protest with the Federal Magalie R. Salas, require a further showing that neither Energy Regulatory Commission, 888 Secretary. public nor private interests will be First Street, NE., Washington, DC 20426, [FR Doc. E6–17485 Filed 10–18–06; 8:45 am] adversely affected by continued in accordance with Rules 211 and 214 BILLING CODE 6717–01–P approvals of Mt. Tom Generating’s of the Commission’s Rules of Practice issuance of securities or assumptions of and Procedure. 18 CFR 385.211, 385.214 liability. (2004). DEPARTMENT OF ENERGY Copies of the full text of the Director’s Notice is hereby given that the Order are available from the deadline for filing motions to intervene Federal Energy Regulatory or protest is November 13, 2006. Commission Commission’s Public Reference Room, 888 First Street, NE., Washington, DC Absent a request to be heard in [Docket No. ER06–1291–000] 20426. The Order may also be viewed opposition by the deadline above, New on the Commission’s Web site at Hope is authorized to issue securities Mt. Tom Generating Company, LLC; http://www.ferc.gov, using the eLibrary and assume obligations or liabilities as a guarantor, indorser, surety, or Notice of Issuance of Order link. Enter the docket number excluding otherwise in respect of any security of the last three digits in the docket October 13, 2006. another person; provided that such number filed to access the document. Mt. Tom Generating Company, LLC issuance or assumption is for some Comments, protests, and interventions (Mt. Tom Generating) filed an lawful object within the corporate may be filed electronically via the application for market-based rate purposes of New Hope, compatible with Internet in lieu of paper. See 18 CFR authority, with an accompanying tariff. the public interest, and is reasonably 385.2001(a)(1)(iii) and the instructions The proposed market-based rate tariff necessary or appropriate for such on the Commission’s Web site under the provides for the sale of energy, capacity purposes. and ancillary services at market-based ‘‘e-Filing’’ link. The Commission The Commission reserves the right to rates. Mt. Tom Generating also strongly encourages electronic filings. require a further showing that neither requested waivers of various Magalie R. Salas, public nor private interests will be Commission regulations. In particular, Secretary. adversely affected by continued Mt. Tom Generating requested that the [FR Doc. E6–17490 Filed 10–18–06; 8:45 am] approvals of New Hope’s issuance of Commission grant blanket approval BILLING CODE 6717–01–P securities or assumptions of liability. under 18 CFR part 34 of all future Copies of the full text of the Director’s issuances of securities and assumptions Order are available from the of liability by Mt. Tom Generating. DEPARTMENT OF ENERGY Commission’s Public Reference Room, On August 28, 2006, pursuant to 888 First Street, NE., Washington, DC delegated authority, the Director, Federal Energy Regulatory 20426. The Order may also be viewed Division of Tariffs and Market Commission on the Commission’s Web site at Development—West, granted the http://www.ferc.gov, using the eLibrary [Docket No. ER06–1286–000] requests for blanket approval under part link. Enter the docket number excluding 34. The Director’s order also stated that New Hope Power Partnership; Notice the last three digits in the docket the Commission would publish a of Issuance of Order number filed to access the document. separate notice in the Federal Register Comments, protests, and interventions establishing a period of time for the October 13, 2006. may be filed electronically via the filing of protests. Accordingly, any New Hope Power Partnership (New internet in lieu of paper. See 18 CFR person desiring to be heard or to protest Hope) filed an application for market- 385.2001(a)(1)(iii) and the instructions the blanket approvals of issuances of based rate authority, with an on the Commission’s Web site under the

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‘‘e-Filing’’ link. The Commission necessary or appropriate for such the Commission would publish a strongly encourages electronic filings. purposes. separate notice in the Federal Register The Commission reserves the right to Magalie R. Salas, establishing a period of time for the require a further showing that neither filing of protests. Accordingly, any Secretary. public nor private interests will be person desiring to be heard or to protest [FR Doc. E6–17506 Filed 10–18–06; 8:45 am] adversely affected by continued the blanket approvals of issuances of BILLING CODE 6717–01–P approvals of Newmont’s issuance of securities or assumptions of liability by securities or assumptions of liability. the Applicants should file a motion to Copies of the full text of the Director’s DEPARTMENT OF ENERGY intervene or protest with the Federal Order are available from the Energy Regulatory Commission, 888 Federal Energy Regulatory Commission’s Public Reference Room, First Street, NE., Washington, DC 20426, 888 First Street, NE., Washington, DC Commission in accordance with Rules 211 and 214 20426. The Order may also be viewed of the Commission’s Rules of Practice [Docket Nos. ER06–1055–000; ER06–1055– on the Commission’s Web site at 001] http://www.ferc.gov, using the eLibrary and Procedure. 18 CFR 385.211, 385.214 link. Enter the docket number excluding (2004). Newmont Nevada Energy Investment the last three digits in the docket Notice is hereby given that the LLC; Notice of Issuance of Order number filed to access the document. deadline for filing motions to intervene October 13, 2006. Comments, protests, and interventions or protest is November 13, 2006. Newmont Nevada Energy Investment may be filed electronically via the Absent a request to be heard in LLC (Newmont) filed an application for Internet in lieu of paper. See, 18 CFR opposition by the deadline above, the market-based rate authority, with an 385.2001(a)(1)(iii) and the instructions Applicants are authorized to issue accompanying rate schedule. The on the Commission’s Web site under the securities and assume obligations or ‘‘e-Filing’’ link. The Commission proposed market-based rate schedule liabilities as a guarantor, indorser, strongly encourages electronic filings. provides for the sale of energy, capacity surety, or otherwise in respect of any and ancillary services at market-based Magalie R. Salas, security of another person; provided rates. Newmont also requested waivers Secretary. that such issuance or assumption is for of various Commission regulations. In [FR Doc. E6–17475 Filed 10–18–06; 8:45 am] some lawful object within the corporate particular, Newmont requested that the BILLING CODE 6717–01–P purposes of the Applicants, compatible Commission grant blanket approval with the public interest, and is under 18 CFR part 34 of all future reasonably necessary or appropriate for issuances of securities and assumptions DEPARTMENT OF ENERGY such purposes. of liability by Newmont. On August 1, 2006, pursuant to Federal Energy Regulatory The Commission reserves the right to delegated authority, the Director, Commission require a further showing that neither Division of Tariffs and Market public nor private interests will be Development—West, granted the [Docket Nos. ER06–1407–000; ER06–1408– adversely affected by continued 000; ER06–1409–000; and ER06–1413–000] requests for blanket approval under part approvals of the Applicants’ issuance of 34. The Director’s order also stated that Noble Bliss Windpark, LLC; Noble securities or assumptions of liability. the Commission would publish a Ellenburg Windpark, LLC; Noble Copies of the full text of the Director’s separate notice in the Federal Register Altona Windpark, LLC; Noble Clinton Order are available from the establishing a period of time for the Windpark I, LLC; Notice of Issuance of Commission’s Public Reference Room, filing of protests. Accordingly, any Order 888 First Street, NE., Washington, DC person desiring to be heard or to protest 20426. The Order may also be viewed the blanket approvals of issuances of October 13, 2006. securities or assumptions of liability by Noble Bliss Windpark, LLC, Noble on the Commission’s Web site at Newmont should file a motion to Ellenburg Windpark, LLC, Noble Altona http://www.ferc.gov, using the eLibrary intervene or protest with the Federal Windpark, LLC and Noble Clinton link. Enter the docket number excluding Energy Regulatory Commission, 888 Windpark I, LLC (Applicants) filed an the last three digits in the docket First Street, NE., Washington, DC 20426, application for market-based rate number filed to access the document. in accordance with Rules 211 and 214 authority, with accompanying rate Comments, protests, and interventions of the Commission’s Rules of Practice schedules. The proposed market-based may be filed electronically via the and Procedure. 18 CFR 385.211, 385.214 rate schedules provides for the sale of Internet in lieu of paper. See 18 CFR (2004). energy, capacity and ancillary services 385.2001(a)(1)(iii) and the instructions Notice is hereby given that the at market-based rates. The Applicants on the Commission’s Web site under the deadline for filing motions to intervene also requested waivers of various ‘‘e-Filing’’ link. The Commission or protest is November 13, 2006. Commission regulations. In particular, strongly encourages electronic filings. Absent a request to be heard in the Applicants requested that the opposition by the deadline above, Commission grant blanket approval Magalie R. Salas, Newmont is authorized to issue under 18 CFR part 34 of all future Secretary. securities and assume obligations or issuances of securities and assumptions [FR Doc. E6–17497 Filed 10–18–06; 8:45 am] liabilities as a guarantor, indorser, of liability by the Applicants. BILLING CODE 6717–01–P surety, or otherwise in respect of any On September 28, 2006, pursuant to security of another person; provided delegated authority, the Director, that such issuance or assumption is for Division of Tariffs and Market some lawful object within the corporate Development—West, granted the purposes of Newmont, compatible with requests for blanket approval under part the public interest, and is reasonably 34. The Director’s order also stated that

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DEPARTMENT OF ENERGY the Miami Tribe of Oklahoma are DEPARTMENT OF ENERGY invited to participate in consultations to Federal Energy Regulatory develop the programmatic agreement. Federal Energy Regulatory Commission For purposes of commenting on the Commission [Project No. 12514–000—Indiana] programmatic agreement, we propose to restrict the service list for the [Docket Nos. ER06–1221–000, ER06–1221– Northern Indiana Public Service aforementioned project as follows: 001 and ER06–1221–002] Company; Norway-Oakdale Project; Don Klima or Representative, Advisory Parkview AMC Energy, LLC; Notice of Notice of Proposed Restricted Service Council on Historic Preservation, The Issuance of Order List for a Programmatic Agreement for Old Post Office Building, Suite 803, Managing Properties Included in or 1100 Pennsylvania Avenue, NW., October 13, 2006. Eligible for Inclusion in the National Washington, DC 20004. Parkview AMC Energy, LLC Register of Historic Places Jerome B. Weeden, Vice President of (Parkview) filed an application for October 12, 2006. Generation or Representative, market-based rate authority, with an Rule 2010 of the Federal Energy Northern Indiana Public Service accompanying tariff. The proposed Regulatory Commission’s (hereinafter, Company, 801 East 86th Avenue, market-based rate tariff provides for the Commission) Rules of Practice and Merrillville, IN 46410. sale of energy, capacity and ancillary Procedure provides that, to eliminate Karie A. Brudis or Representative, services at market-based rates. Parkview unnecessary expense or improve Indiana Department of Natural also requested waivers of various administrative efficiency, the Secretary Resources, Division of Historic Commission regulations. In particular, may establish a restricted service list for Preservation and Archaeology, 402 W. Parkview requested that the a particular phase or issue in a Washington Street, W274, Commission grant blanket approval proceeding.1 The restricted service list Indianapolis, IN 46204–2739. under 18 CFR Part 34 of all future should contain the names of persons on John Miller, Tribal Chairman or issuances of securities and assumptions the service list who, in the judgment of Representative, Pokagon Band of of liability by Parkview. the decisional authority establishing the Potawatomi Indians of Indiana and On September 7, 2006, pursuant to list, are active participants with respect Michigan, 58620 Sink Road, delegated authority, the Director, to the phase or issue in the proceeding Dowagiac, MI 49047. Division of Tariffs and Market for which the list is established. Floyd Leonard, Chief or Representative, Development—West, granted the The Commission staff is consulting Miami Nation of Oklahoma, 202 requests for blanket approval under Part with the Indiana State Historic South Eight Tribes Trail, Miami, OK 34. The Director’s order also stated that Preservation Officer (hereinafter, SHPO) 74354. the Commission would publish a and the Advisory Council on Historic Any person on the official service list separate notice in the Federal Register Preservation (hereinafter, Council) for the above-captioned proceeding may establishing a period of time for the pursuant to the Council’s regulations, 36 request inclusion on the restricted filing of protests. Accordingly, any CFR part 800, implementing section 106 service list, or may request that a person desiring to be heard or to protest of the National Historic Preservation restricted service list not be established, the blanket approvals of issuances of Act, as amended, (16 U.S.C. 470 f), to by filing a motion to that effect within securities or assumptions of liability by prepare and execute a programmatic 15 days of this notice date. In a request Parkview should file a motion to agreement for managing properties for inclusion, please identify the intervene or protest with the Federal included in, or eligible for inclusion in, reason(s) why there is an interest to be Energy Regulatory Commission, 888 the National Register of Historic Places included. Also please identify any First Street, NE., Washington, DC 20426, at the Norway-Oakdale Project No. concerns about historic properties, in accordance with Rules 211 and 214 12514–000 (SHPO Reference Number including Traditional Cultural of the Commission’s Rules of Practice DNR #10475). Properties. If historic properties are to and Procedure. 18 CFR 385.211, 385.214 The programmatic agreement, when be identified within the motion, please (2004). executed by the Commission and the use a separate page, and label it NON- Notice is hereby given that the SHPO would satisfy the Commission’s PUBLIC Information. deadline for filing motions to intervene section 106 responsibilities for all An original and 8 copies of any such or protest is November 13, 2006. individual undertakings carried out in motion must be filed with Magalie Absent a request to be heard in accordance with the license until the Salas, the Secretary of the Commission opposition by the deadline above, license expires or is terminated (36 CFR (888 First Street, NE., Washington, DC Parkview is authorized to issue 800.13[e]). The Commission’s 20426) and must be served on each securities and assume obligations or responsibilities pursuant to section 106 person whose name appears on the liabilities as a guarantor, indorser, for the Norway-Oakdale Project would official service list. Please put the surety, or otherwise in respect of any be fulfilled through the programmatic project name ‘‘Norway-Oakdale Project’’ security of another person; provided agreement, which the Commission and number ‘‘P–12514–000’’ on the that such issuance or assumption is for proposes to draft in consultation with front cover of any motion. If no such some lawful object within the corporate certain parties listed below. The motions are filed, the restricted service purposes of Parkview, compatible with executed programmatic agreement list will be effective at the end of the 15 the public interest, and is reasonably would be incorporated into any Order day period. Otherwise, a further notice necessary or appropriate for such issuing a license. will be issued ruling on any motion or purposes. Northern Indiana Public Service motions filed within the 15 day period. The Commission reserves the right to Company, as licensee for Project No. require a further showing that neither 12514, the Pokagon Band of Potawatomi Magalie Salas, public nor private interests will be Indians of Indiana and Michigan, and Secretary. adversely affected by continued [FR Doc. E6–17462 Filed 10–18–06; 8:45 am] approvals of Parkview’s issuance of 1 18 CFR 385.2010. BILLING CODE 6717–01–P securities or assumptions of liability.

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Copies of the full text of the Director’s Procedure. 18 CFR 385.211, 385.214 status of all current well operations at Order are available from the (2004). the storage facility as well as the Commission’s Public Reference Room, Notice is hereby given that the Project’s certificated zone boundaries, 888 First Street, NE., Washington, DC deadline for filing motions to intervene all as more fully set forth in the 20426. The Order may also be viewed or protest is November 13, 2006. application which is on file with the on the Commission’s Web site at http:// Absent a request to be heard in Commission and open to public www.ferc.gov, using the eLibrary link. opposition by the deadline above, PEAK inspection. This filing may also be Enter the docket number excluding the is authorized to issue securities and viewed on the Commission’s Web site at last three digits in the docket number assume obligations or liabilities as a http://www.ferc.gov using the filed to access the document. guarantor, indorser, surety, or otherwise ‘‘eLibrary’’ link. Enter the docket Comments, protests, and interventions in respect of any security of another number, excluding the last three digits, may be filed electronically via the person; provided that such issuance or in the docket number field to access the internet in lieu of paper. See, 18 CFR assumption is for some lawful object document. For assistance, call (202) 385.2001(a)(1)(iii) and the instructions within the corporate purposes of PEAK, 502–8659 or TTY, (202) 208–3676. on the Commission’s Web site under the compatible with the public interest, and Specifically, Puget seeks: (1) ‘‘e-Filing’’ link. The Commission is reasonably necessary or appropriate Certificate authority to construct and strongly encourages electronic filings. for such purposes. operate facilities (including certain The Commission reserves the right to minor pipeline, compression, and Magalie R. Salas, require a further showing that neither related facilities) necessary to efficiently Secretary. public nor private interests will be recycle natural gas back to Zone 2, a [FR Doc. E6–17481 Filed 10–18–06; 8:45 am] adversely affected by continued currently authorized storage reservoir at BILLING CODE 6717–01–P approvals of PEAK’s issuance of the Project, from Zone 1, another securities or assumptions of liability. reservoir at the Project not currently Copies of the full text of the Director’s authorized for storage activities, to DEPARTMENT OF ENERGY Order are available from the which such gas has migrated, and to Commission’s Public Reference Room, utilize Zone 1 on an ongoing basis in Federal Energy Regulatory 888 First Street, NE., Washington, DC support of the previously authorized Commission 20426. The Order may also be viewed Zone 2 storage operation; (2) an on the Commission’s Web site at amendment to the Project’s existing [Docket Nos. ER06–1222–000; ER06–1222– http://www.ferc.gov, using the eLibrary certificate to reflect a small reduction in 001; and ER06–1222–002] link. Enter the docket number excluding the authorized cushion gas level at the the last three digits in the docket project; and (3) amendments to existing PEAK Capital Management, LLC; number filed to access the document. certificates or new certificate authority, Notice of Issuance of Order Comments, protests, and interventions as necessary, to confirm the approved October 13, 2006. may be filed electronically via the status of all current well operations at Internet in lieu of paper. See, 18 CFR the Project’s certificated zone PEAK Capital Management, LLC boundaries. (PEAK filed an application for market- 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site under the Any questions regarding this based rate authority, with an application should be directed to accompanying rate schedule. The ‘‘e-Filing’’ link. The Commission strongly encourages electronic filings. Andrea J. Chambers, Troutman Sanders proposed market-based rate schedule LLP, 401 9th Street, NW., suite 1000 provides for the sale of energy, capacity Magalie R. Salas, Washington, DC 20004–4605, or call and ancillary services at market-based Secretary. (202) 274–2950. rates. PEAK also requested waivers of [FR Doc. E6–17482 Filed 10–18–06; 8:45 am] There are two ways to become various Commission regulations. In BILLING CODE 6717–01–P involved in the Commission’s review of particular, PEAK requested that the this project. First, any person wishing to Commission grant blanket approval obtain legal status by becoming a party under 18 CFR part 34 of all future DEPARTMENT OF ENERGY to the proceedings for this project issuances of securities and assumptions should, on or before the comment date of liability by PEAK. Federal Energy Regulatory stated below, file with the Federal On September 27, 2006, pursuant to Commission Energy Regulatory Commission, 888 delegated authority, the Director, [Docket No. CP06–465–000] First Street, NE., Washington, DC 20426, Division of Tariffs and Market a motion to intervene in accordance Development—West, granted the Puget Sound Energy, Inc.; Notice of with the requirements of the requests for blanket approval under part Application Commission’s Rules of Practice and 34. The Director’s order also stated that Procedure (18 CFR 385.214 or 385.211) the Commission would publish a October 13, 2006. and the Regulations under the NGA (18 separate notice in the Federal Register Take notice that on September 22, CFR 157.10). A person obtaining party establishing a period of time for the 2006, Puget Sound Energy, Inc., (Puget), status will be placed on the service list filing of protests. Accordingly, any as Operator of the Jackson Prairie maintained by the Secretary of the person desiring to be heard or to protest Storage Project (Project), 10885 NE. 4th Commission and will receive copies of the blanket approvals of issuances of Street P.O. Box 97034 Bellevue, WA all documents filed by the applicant and securities or assumptions of liability by 98009–9734, filed in Docket No. CP06– by all other parties. A party must submit PEAK should file a motion to intervene 465–000, an application pursuant to 14 copies of filings made with the or protest with the Federal Energy section 7(c) of the Natural Gas Act Commission and must mail a copy to Regulatory Commission, 888 First (NGA), as amended, for authorization to the applicant and to every other party in Street, NE., Washington, DC 20426, in construct and operate facilities to the proceeding. Only parties to the accordance with Rules 211 and 214 of mitigate gas migration at the storage proceeding can ask for court review of the Commission’s Rules of Practice and facility, and to confirm the approved Commission orders in the proceeding.

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However, a person does not have to based rate authority, with an on the Commission’s Web site under the intervene in order to have comments accompanying rate schedule. The ‘‘e-Filing’’ link. The Commission considered. The second way to proposed market-based rate schedule strongly encourages electronic filings. participate is by filing with the provides for the sale of energy, capacity Magalie R. Salas, Secretary of the Commission, as soon as and ancillary services at market-based possible, an original and two copies of rates. Reliant also requested waivers of Secretary. comments in support of or in opposition various Commission regulations. In [FR Doc. E6–17488 Filed 10–18–06; 8:45 am] to this project. The Commission will particular, Reliant requested that the BILLING CODE 6717–01–P consider these comments in Commission grant blanket approval determining the appropriate action to be under 18 CFR part 34 of all future taken, but the filing of a comment alone issuances of securities and assumptions DEPARTMENT OF ENERGY will not serve to make the filer a party of liability by Reliant. On September 21, 2006, pursuant to Federal Energy Regulatory to the proceeding. The Commission’s Commission rules require that persons filing delegated authority, the Director, comments in opposition to the project Division of Tariffs and Market [Docket No. CP05–355–002] provide copies of their protests only to Development—West, granted the the party or parties directly involved in requests for blanket approval under part Tennessee Gas Pipeline Company; the protest. 34. The Director’s order also stated that Notice of Compliance Filing Persons who wish to comment only the Commission would publish a October 12, 2006. on the environmental review of this separate notice in the Federal Register project should submit an original and establishing a period of time for the Take notice that on September 29, two copies of their comments to the filing of protests. Accordingly, any 2006, Tennessee Gas Pipeline Company Secretary of the Commission. person desiring to be heard or to protest (Tennessee) tendered for filing as part of Environmental commentors will be the blanket approvals of issuances of its FERC Gas Tariff, Fifth Revised placed on the Commission’s securities or assumptions of liability by Volume No. 1, the following tariff sheets environmental mailing list, will receive Reliant should file a motion to intervene to be effective November 1, 2006: copies of the environmental documents, or protest with the Federal Energy Eleventh Revised Sheet No. 23G and will be notified of meetings Regulatory Commission, 888 First Eighth Revised Sheet No. 413A Street, NE., Washington, DC 20426, in associated with the Commission’s Tennessee states that the filing is environmental review process. accordance with Rules 211 and 214 of the Commission’s Rules of Practice and being made in compliance with the Environmental commentors will not be Commission’s order issued on December required to serve copies of filed Procedure. 18 CFR 385.211, 385.214 (2004). 29, 2005 in Docket Nos. CP05–355–000 documents on all other parties. and CP05–352–000. However, the non-party commentors Notice is hereby given that the deadline for filing motions to intervene Any person desiring to protest this will not receive copies of all documents or protest is November 13, 2006. filing must file in accordance with Rule filed by other parties or issued by the Absent a request to be heard in 211 of the Commission’s Rules of Commission (except for the mailing of opposition by the deadline above, Practice and Procedure (18 CFR environmental documents issued by the Reliant is authorized to issue securities 385.211). Protests to this filing will be Commission) and will not have the right and assume obligations or liabilities as considered by the Commission in to seek court review of the a guarantor, indorser, surety, or determining the appropriate action to be Commission’s final order. otherwise in respect of any security of taken, but will not serve to make The Commission strongly encourages another person; provided that such protestants parties to the proceeding. electronic filings of comments protests issuance or assumption is for some Such protests must be filed on or before and interventions via the internet in lieu lawful object within the corporate the date as indicated below. Anyone of paper. See 18 CFR 385.2001(a)(1)(iii) purposes of Reliant, compatible with the filing a protest must serve a copy of that and the instructions on the public interest, and is reasonably document on all the parties to the Commission’s Web site (http:// necessary or appropriate for such proceeding. www.ferc.gov) under the ‘‘e-Filing’’ link. purposes. The Commission encourages Comment Date: November 3, 2006. The Commission reserves the right to electronic submission of protests in lieu Magalie R. Salas, require a further showing that neither of paper using the ‘‘eFiling’’ link at Secretary. public nor private interests will be http://www.ferc.gov. Persons unable to file electronically should submit an [FR Doc. E6–17469 Filed 10–18–06; 8:45 am] adversely affected by continued approvals of Reliant’s issuance of original and 14 copies of the protest to BILLING CODE 6717–01–P securities or assumptions of liability. the Federal Energy Regulatory Copies of the full text of the Director’s Commission, 888 First Street, NE., DEPARTMENT OF ENERGY Order are available from the Washington, DC 20426. Commission’s Public Reference Room, This filing is accessible on-line at Federal Energy Regulatory 888 First Street, NE., Washington, DC http://www.ferc.gov, using the Commission 20426. The Order may also be viewed ‘‘eLibrary’’ link and is available for on the Commission’s Web site at review in the Commission’s Public [Docket Nos. ER06–1272–000; ER06–1272– http://www.ferc.gov, using the eLibrary Reference Room in Washington, DC. 001] link. Enter the docket number excluding There is an ‘‘eSubscription’’ link on the Reliant Energy Power Supply, LLC; the last three digits in the docket Web site that enables subscribers to Notice of Issuance of Order number filed to access the document. receive e-mail notification when a Comments, protests, and interventions document is added to a subscribed October 13, 2006. may be filed electronically via the docket(s). For assistance with any FERC Reliant Energy Power Supply, LLC Internet in lieu of paper. See, 18 CFR Online service, please e-mail (Reliant) filed an application for market- 385.2001(a)(1)(iii) and the instructions [email protected], or call

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(866) 208–3676 (toll free). For TTY, call Comment Date: 5 p.m. Eastern Time Web site that enables subscribers to (202) 502–8659. on October 19, 2006. receive e-mail notification when a document is added to a subscribed Comment Date: 5 p.m. Eastern Time Magalie R. Salas, on October 17, 2006. docket(s). For assistance with any FERC Secretary. Online service, please e-mail Magalie R. Salas, [FR Doc. E6–17463 Filed 10–18–06; 8:45 am] [email protected], or call Secretary. BILLING CODE 6717–01–P (866) 208–3676 (toll free). For TTY, call [FR Doc. E6–17459 Filed 10–18–06; 8:45 am] (202) 502–8659. BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Magalie R. Salas, Secretary. Federal Energy Regulatory [FR Doc. E6–17465 Filed 10–18–06; 8:45 am] DEPARTMENT OF ENERGY Commission BILLING CODE 6717–01–P Federal Energy Regulatory [Docket No. RP07–16–000] Commission Williston Basin Interstate Pipeline DEPARTMENT OF ENERGY Company; Notice of Tariff Filing [Docket No. RP04–413–004] Federal Energy Regulatory October 12, 2006. Commission Tennessee Gas Pipeline Company; Take notice that on October 10, 2006, Notice of Shipper Refund Report Williston Basin Interstate Pipeline [Docket No. ER06–1273–000] Company (Williston Basin) tendered for Wolverine Trading, Inc.; Notice of October 12, 2006. filing with the Commission to become a Issuance of Order Take notice that on October 6, 2006, part of its FERC Gas Tariff, Second Tennessee Gas Pipeline Company Revised Volume No. 1, the following October 13, 2006. (Tennessee) tendered for filing its tariff sheets to become effective October Wolverine Inc. (Wolverine) filed an Statement of Refunds Report, which 10, 2006: application for market-based rate reflects refunds paid to applicable Tenth Revised Sheet No. 374 authority, with an accompanying rate Columbia Gulf Transmission Company Thirteenth Revised Sheet No. 376 schedule. The proposed market-based shippers as directed by the August 11 Any person desiring to intervene or to rate schedule provides for the sale of Order. protest this filing must file in energy, capacity and ancillary services Any person desiring to protest this accordance with Rules 211 and 214 of at market-based rates. Wolverine also filing must file in accordance with Rule the Commission’s Rules of Practice and requested waivers of various 211 of the Commission’s Rules of Procedure (18 CFR 385.211 and Commission regulations. In particular, Practice and Procedure (18 CFR 385.214). Protests will be considered by Wolverine requested that the 385.211). Protests to this filing will be the Commission in determining the Commission grant blanket approval considered by the Commission in appropriate action to be taken, but will under 18 CFR part 34 of all future determining the appropriate action to be not serve to make protestants parties to issuances of securities and assumptions taken, but will not serve to make the proceeding. Any person wishing to of liability by Wolverine. protestants parties to the proceeding. become a party must file a notice of On September 1, 2006, pursuant to Such protests must be filed on or before intervention or motion to intervene, as delegated authority, the Director, the date as indicated below. Anyone appropriate. Such notices, motions, or Division of Tariffs and Market filing a protest must serve a copy of that protests must be filed in accordance Development—West, granted the document on all the parties to the with the provisions of section 154.210 requests for blanket approval under part proceeding. of the Commission’s regulations (18 CFR 34. The Director’s order also stated that 154.210). Anyone filing an intervention the Commission would publish a The Commission encourages or protest must serve a copy of that separate notice in the Federal Register electronic submission of protests in lieu document on the Applicant. Anyone establishing a period of time for the of paper using the ‘‘eFiling’’ link at filing an intervention or protest on or filing of protests. Accordingly, any http://www.ferc.gov. Persons unable to before the intervention or protest date person desiring to be heard or to protest file electronically should submit an need not serve motions to intervene or the blanket approvals of issuances of original and 14 copies of the protest to protests on persons other than the securities or assumptions of liability by the Federal Energy Regulatory Applicant. Wolverine should file a motion to Commission, 888 First Street, NE., The Commission encourages intervene or protest with the Federal Washington, DC 20426. electronic submission of protests and Energy Regulatory Commission, 888 This filing is accessible on-line at interventions in lieu of paper using the First Street, NE., Washington, DC 20426, http://www.ferc.gov, using the ‘‘eFiling’’ link at http://www.ferc.gov. in accordance with Rules 211 and 214 ‘‘eLibrary’’ link and is available for Persons unable to file electronically of the Commission’s Rules of Practice review in the Commission’s Public should submit an original and 14 copies and Procedure. 18 CFR 385.211, 385.214 Reference Room in Washington, DC. of the protest or intervention to the (2004). There is an ‘‘eSubscription’’ link on the Federal Energy Regulatory Commission, Notice is hereby given that the Web site that enables subscribers to 888 First Street, NE., Washington, DC deadline for filing motions to intervene receive e-mail notification when a 20426. or protest is November 13, 2006. document is added to a subscribed This filing is accessible on-line at Absent a request to be heard in docket(s). For assistance with any FERC http://www.ferc.gov, using the opposition by the deadline above, Online service, please e-mail ‘‘eLibrary’’ link and is available for Wolverine is authorized to issue [email protected], or call review in the Commission’s Public securities and assume obligations or (866) 208–3676 (toll free). For TTY, call Reference Room in Washington, DC. liabilities as a guarantor, indorser, (202) 502–8659. There is an ‘‘eSubscription’’ link on the surety, or otherwise in respect of any

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security of another person; provided Accession Number: 20061012–0215. Docket Numbers: ER03–467–001. that such issuance or assumption is for Comment Date: 5 p.m. Eastern Time Applicants: Gulf States Energy, Inc. some lawful object within the corporate on Friday, October 27, 2006. Description: Gulf States Energy Inc purposes of Wolverine, compatible with Take notice that the Commission submits amended triennial updated the public interest, and is reasonably received the following exempt market power analysis in compliance necessary or appropriate for such wholesale generator filings: with the FERC order. Filed Date: 10/06/2006. purposes. Docket Numbers: EG07–3–000. Accession Number: 20061010–0034. The Commission reserves the right to Applicants: Plains End II, LLC. Comment Date: 5 p.m. Eastern Time require a further showing that neither Description: Plains End II, LLC on Friday, October 27, 2006. public nor private interests will be submits its Notice of Self-Certification adversely affected by continued of Exempt Wholesale Generator Status. Docket Numbers: ER03–821–001. approvals of Wolverine’s issuance of Filed Date: 10/12/2006. Applicants: One Nation Energy securities or assumptions of liability. Accession Number: 20061012–5017. Solutions, LLC. Copies of the full text of the Director’s Comment Date: 5 p.m. Eastern Time Description: One Nation Energy Order are available from the on Thursday, November 2, 2006. Solutions, LLC submits a Triennial Commission’s Public Reference Room, Market Power Update. Docket Numbers: EG07–4–000. 888 First Street, NE., Washington, DC Filed Date: 10/12/2006. Applicants: RC Cape May Holdings, 20426. The Order may also be viewed Accession Number: 20061013–0099. LLC. on the Commission’s Web site at Comment Date: 5 p.m. Eastern Time Description: RC Cape May Holdings http://www.ferc.gov, using the eLibrary on Thursday, November 2, 2006. LLC submits it’s a Notice of Self- link. Enter the docket number excluding Docket Numbers: ER03–888–003; Certification of Exemption Wholesale the last three digits in the docket ER06–1503–001; ER06–1504–001. Generator Status. number filed to access the document. Applicants: Nordic Marketing of Filed Date: 10/11/2006. Comments, protests, and interventions Ohio; Nordic Marketing of Accession Number: 20061013–0083. may be filed electronically via the Pennsylvania, LLC; Nordic Marketing of Comment Date: 5 p.m. Eastern Time internet in lieu of paper. See 18 CFR Illinois, LLC. on Wednesday, November 1, 2006. 385.2001(a)(1)(iii) and the instructions Description: Nordic Marketing of Ohio on the Commission’s Web site under the Take notice that the Commission LLC et al submit rate schedule ‘‘e-Filing’’ link. The Commission received the following electric rate cancellation sheet (Second Revised strongly encourages electronic filings. filings: Sheet 1 et al.) to supplement their 9/15/ Docket Numbers: ER99–845–010. 06 submission. Magalie R. Salas, Applicants: Puget Sound Energy, Inc. Filed Date: 10/06/2006. Secretary. Description: Puget Sound Energy, Inc Accession Number: 20061011–0010. [FR Doc. E6–17489 Filed 10–18–06; 8:45 am] submits a Notice in Change in Status Comment Date: 5 p.m. Eastern Time BILLING CODE 6717–01–P pursuant to requirements of Order 652. on Friday, October 27, 2006. Filed Date: 10/06/2006. Docket Numbers: ER03–891–002. Accession Number: 20061011–0009. Applicants: Gulf States Energy DEPARTMENT OF ENERGY Comment Date: 5 p.m. Eastern Time Investments L.P. on Friday, October 27, 2006. Federal Energy Regulatory Description: Gulf States Energy Commission Docket Numbers: ER00–2885–011; Investments, LP submits amended ER01–2765–010; ER02–1582–009; triennial updated market power analysis Combined Notice of Filings #1 ER02–1785–006; ER02–2102–010; in compliances with FERC’s Order 652 ER06–864–003. under ER03–891. October 13, 2006. Applicants: Bear Energy LP; Cedar Filed Date: 10/06/2006. Take notice that the Commission Brakes I, L.L.C.; Cedar Brakes II, L.L.C., Accession Number: 20061010–0030. received the following electric corporate Mohawk River Funding IV, L.L.C.; Comment Date: 5 p.m. Eastern Time filings: Thermo Cogeneration Partnership L.P., on Friday, October 27, 2006. Docket Numbers: EC07–1–000. Utility Contract Funding, L.L.C. Docket Numbers: ER03–1288–002. Applicants: Peoples Elwood, LLC; J- Description: Bear Energy, LP et al, Applicants: Rocky Mountain Energy Power USA Investment Company, Ltd. submits a notice to FERC that they have Center, LLC. Description: Peoples Elwood, LLC & J- entered into two energy management Description: Rocky Mountain Energy POWER USA Investment Co, Ltd submit agreements with Project Orange Center, LLC submits an Updated Market a joint application for authorization to Associates et al. pursuant to Order 652. Analysis in accordance with the transfer membership interest in a public Filed Date: 10/11/2006. Commission’s 10/3/03 letter order. utility. Accession Number: 20061013–0074. Filed Date: 10/03/2006. Filed Date: 10/06/2006. Comment Date: 5 p.m. Eastern Time Accession Number: 20061005–0044. Accession Number: 20061010–0219. on Wednesday, November 1, 2006. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Docket Numbers: ER01–615–014; on Tuesday, October 24, 2006. on Friday, October 27, 2006. ER96–1551–018. Docket Numbers: ER05–636–005. Docket Numbers: EC07–2–000. Applicants: Public Service Company Applicants: Midwest Independent Applicants: KGen Southhaven, LLC; of New Mexico. Transmission System Operator, Inc. KGen New Albany LLC, BTEC New Description: Public Service Company Description: Midwest Independent Albany LLC. of New Mexico submits an electric Transmission System Operator, Inc Description: KGen Southaven, LLC, compliance report. submits a Compliance Filing of Large KGen New Albany, LLC et al. submit a Filed Date: 10/06/2006. Generator Interconnection Agreement joint application for disposition of Accession Number: 20061006–5052. among Columbia Community jurisdictional facilities. Comment Date: 5 p.m. Eastern Time Windpower LLC. Filed Date: 10/06/2006. on Friday, October 27, 2006. Filed Date: 10/10/2006.

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Accession Number: 20061011–0053. Applicants: Midwest Independent Accession Number: 20061006–0004. Comment Date: 5 p.m. Eastern Time Transmission System Operator, Inc. Comment Date: 5 p.m. Eastern Time on Tuesday, October 31, 2006. Description: Midwest Independent on Wednesday, October 25, 2006. Docket Numbers: ER05–662–005. Transmission System Operator, Inc Docket Numbers: ER06–1458–002. Applicants: Midwest Independent submits an amended compliance filing Applicants: E. ON U.S., LLC; Transmission System Operator, Inc. re Broad Constrained Area Mitigation. Louisville Gas and Electric Company; Description: Midwest Independent Filed Date: 10/11/2006. Kentucky Utilities Company. Transmission System Operator, Inc Accession Number: 20061013–0055. Description: E.On U.S. LLC on behalf submits the Large Generator Comment Date: 5 p.m. Eastern Time of Louisville Gas, et al submit Interconnection Agreement with on Wednesday, November 1, 2006. supplements to its 9/21/06 filing with Darlington Wind Farm, LLC et al. Docket Numbers: ER06–1001–001. supporting testimony and data of LG & Filed Date: 10/10/2006. Applicants: Midwest Independent E Companies et al substitute unexecuted Accession Number: 20061011–0018. Transmission System. Service Agreement for Integration Comment Date: 5 p.m. Eastern Time Description: Midwest Independent Transmission Service. on Tuesday, October 31, 2006. Transmission System Operator, Inc Filed Date: 09/28/2006. Docket Numbers: ER05–864–004. submits a correction to its 10/2/06 filing Accession Number: 20061005–0166. Applicants: Midwest Independent re: Substitute Third Revised Sheet 969 Comment Date: 5 p.m. Eastern Time Transmission System Operator, Inc. et al to FERC Electric Tariff, Third on Thursday, October 19, 2006. Description: Midwest Independent Revised Volume 1. Docket Numbers: ER06–1502–001. Transmission System Operator Inc Filed Date: 10/04/2006. Applicants: Round Rock Energy LLC. Accession Number: 20061005–0188. submits a Large Generator Description: Round Rock Energy LLC Comment Date: 5 p.m. Eastern Time Interconnection Agreement among submits amendments to its market based on Wednesday, October 25, 2006. Forward Energy LLC & American rate, Rate Schedule No. 1. Transmission Co, LLC. Docket Numbers: ER06–1234–002. Filed Date: 10/05/2006. Filed Date: 10/10/2006. Applicants: Southern Company Accession Number: 20061010–0218. Accession Number: 20061011–0266. Services, Inc. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Description: Southern Company on Thursday, October 26, 2006. on Tuesday, October 31, 2006. Services Inc, acting as agent for Docket Numbers: ER06–1503–001. Docket Numbers: ER05–1178–005. Alabama Power Co et al submits an Applicants: Nordic Marketing of Applicants: Gila River Power, L.P.; interconnection agreement in Ohio, LLC. Union Power Partners, LP. accordance with FERC’s September Description: Nordic Marketing of Ohio Description: Gila River Power LP and Order. LLC et al submits further information Union Power Partners LP submits a Filed Date: 10/10/2006. and rate schedule cancellation sheet Notice of Non-Material Change in Status Accession Number: 20061011–0198. (Second Revised Sheet 1et al) to relating to their upstream ownership Comment Date: 5 p.m. Eastern Time supplement their 9/15/06 submission structure. on Tuesday, October 31, 2006. under ER06–1503 et al. Filed Date: 10/05/2006. Docket Numbers: ER06–1295–001. Filed Date: 10/06/2006. Accession Number: 20061010–0211. Applicants: Boston Edison Company. Accession Number: 20061011–0010. Comment Date: 5 p.m. Eastern Time Description: Boston Edison Company Comment Date: 5 p.m. Eastern Time on Thursday, October 26, 2006. submits a response to 9/26/06 FERC on Friday, October 27, 2006. Docket Numbers: ER05–1508–003. Deficiency Letter of NSTAR Electric & Applicants: Midwest Independent Gas Corp. Docket Numbers: ER07–4–001. Transmission System Operator, Inc. Filed Date: 10/05/2006. Applicants: Southwest Power Pool, Description: Midwest Independent Accession Number: 20061005–5031. Inc. Transmission System Operator, Inc Comment Date: 5 p.m. Eastern Time Description: Southwest Power Pool, submits an amendment to its 9/8/06 on Thursday, October 26, 2006. Inc supplements its 10/2/06 filing by filing of the Large Generator Docket Numbers: ER06–1331–000. submitting Exhibit I a redlined version Interconnection Agreement with Power Applicants: CalPeak Power LLC. of the Agreement against the 1981 Partners Midwest, LLC et al. Description: CalPeak Power LLC Agreement to comply with Order 614. Filed Date: 10/04/2006 supplements its 8/2/06 application for Filed Date: 10/10/2006. Accession Number: 20061006–0005. acceptance of their initial market-based Accession Number: 20061011–0017. Comment Date: 5 p.m. Eastern Time rate tariff etc, to clarify a statement in Comment Date: 5 p.m. Eastern Time on Wednesday, October 25, 2006. the application. on Tuesday, October 31, 2006. Docket Numbers: ER06–690–004. Filed Date: 10/04/2006. Docket Numbers: ER07–12–000. Applicants: Midwest Independent Accession Number: 20061006–0001. Applicants: Southern California Transmission System Operator, Inc. Comment Date: 5 p.m. Eastern Time Edison Company. Description: Midwest Independent on Wednesday, October 25, 2006. Description: Southern California Transmission System Operator, Inc Docket Numbers: ER06–1422–001. Edison Company submits revised rate submits proposed revisions to Applicants: Louisville Gas & Electric sheets to the Interconnection Facilities Attachment HH (Dispute Resolution Company Kentucky Utilities Company. Agreement with NM Mid Valley Genco, Procedures) of the Open Access Description: Louisville Gas and LLC. Transmission and Energy Markets Electric Co and Kentucky Utilities Co Filed Date: 10/04/2006. Tariff. requests that the Commission find that Accession Number: 20061006–0006. Filed Date: 10/10/2006. they continue to be authorized to make Comment Date: 5 p.m. Eastern Time Accession Number: 20061011–0200. sales of ARS energy to BREC not- on Wednesday, October 25, 2006. Comment Date: 5 p.m. Eastern Time withstanding recent changes to market Docket Numbers: ER07–13–000. on Tuesday, October 31, 2006. based rate tariff. Applicants: Dynegy Midwest Docket Numbers: ER06–731–003. Filed Date: 10/04/2006. Generation, Inc.

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Description: Dynegy Midwest Comment Date: 5 p.m. Eastern Time Filed Date: 10/10/2006. Generation, Inc submits revisions to its on Friday, October 27, 2006. Accession Number: 20061012–0171. market-based rate tariff that would Docket Numbers: ER07–20–000. Comment Date: 5 p.m. Eastern Time remove the outdated restriction on sales Applicants: PJM Interconnection, on Tuesday, October 31, 2006. to Illinois Power Co. LLC. Docket Numbers: ER07–26–000. Filed Date: 10/04/2006. Description: PJM Interconnection, Applicants: AEP Energy Partners, LP. Accession Number: 20061006–0009. LLC submits proposed revisions to its Description: AEP Energy Partners, LP Comment Date: 5 p.m. Eastern Time Open Access Transmission Tariff by (AEP) submits its Notice of Succession on Wednesday, October 25, 2006. amending the timing requirement for to reflect a name change on its market- Docket Numbers: ER07–14–000. Short Term Firm Transmission Service. based tariff from CSW Power Marketing Applicants: Southwest Power Pool, Filed Date: 10/06/2006. Inc to AEP. Inc. Accession Number: 20061011–0013. Filed Date: 10/11/2006. Description: Southwest Power Pool, Comment Date: 5 p.m. Eastern Time Accession Number: 20061012–0174. Inc submits notices of cancellation for on Friday, October 27, 2006. Comment Date: 5 p.m. Eastern Time Network Operating Agreements and on Docket Numbers: ER07–21–000. on Wednesday, November 1, 2006. 10/10/06 submit a supplement to this Applicants: PJM Interconnection, Docket Numbers: ER07–27–000. filing. LLC. Applicants: Wisconsin Public Power, Filed Date: 10/04/2006; 10/10/2006. Description: PJM Interconnection, Inc. Accession Number: 20061006–0008; LLC submits an executed Description: Wisconsin Public Power, 20061011–0203. Interconnection service agreement with Inc submits an Initial Rate Schedule 1 Comment Date: 5 p.m. Eastern Time Camp Grove Wind Farm, LLC and and supporting cost data to establish its on Wednesday, October 25, 2006. Commonwealth Edison Company. annual revenue requirement. Docket Numbers: ER07–15–000. Filed Date: 10/06/2006. Filed Date: 10/11/2006. Applicants: Florida Power Accession Number: 20061011–0014. Accession Number: 20061013–0075. Corporation. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Description: Florida Power Corp dba on Friday, October 27, 2006. on Wednesday, November 1, 2006. Progress Energy Florida Inc submits a Docket Numbers: ER07–22–000. modification of the 10/12/95 Agreement Docket Numbers: ER07–28–000. Applicants: Jump Power, LLC. Applicants: Wisconsin Public Power, for Sale & Purchase of Capacity & Description: Jump Power submits a Inc. Energy with Seminole Electric Petition for Acceptance of Initial Tariff, Description: Wisconsin Public Power, Cooperative Inc, First Rev Rate Waivers and Blanket Authority, FERC Inc submits its Initial Rate Schedule 2 Schedule 176. Electric Tariff, Original Volume 1 etc. and supporting cost data to establish its Filed Date: 10/06/2006. Filed Date: 10/10/2006. annual revenue requirement. Accession Number: 20061010–0213. Accession Number: 20061011–0199. Filed Date: 10/11/2006. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Accession Number: 20061013–0079. on Friday, October 27, 2006. on Tuesday, October 31, 2006. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER07–17–000. Docket Numbers: ER07–23–000. on Wednesday, November 1, 2006. Applicants: Alloy Power L.L.C. Applicants: Arizona Public Service Description: Alloy Power, LLC Company. Docket Numbers: ER07–29–000. submits a Notice of Cancellation and Description: Arizona Public Service Applicants: Wisconsin Public Power, cancellation tariff sheet for the purpose Co submits its proposed FERC Electric Inc. of canceling its Shared Facilities Tariff, Volume 5 which provides for Description: Wisconsin Public Power, Agreement for service to West Virginia cost-based sales of capacity and energy Inc submits its Initial Rate Schedule 3 Alloys, Inc etc. with a duration of less than one year. and supporting cost data to establish its Filed Date: 10/06/2006. Filed Date: 10/10/2006. annual revenue requirement. Accession Number: 20061010–0214. Accession Number: 20061012–0170. Filed Date: 10/11/2006. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Accession Number: 20061013–0078. on Friday, October 27, 2006. on Tuesday, October 31, 2006. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER07–18–000. Docket Numbers: ER07–24–000. on Wednesday, November 1, 2006. Applicants: New York Independent Applicants: Southwest Power Pool, Docket Numbers: ER07–30–000. System Operator, Inc. Inc. Applicants: RC Cape May Holdings, Description: New York State Electric Description: Southwest Power Pool, LLC. & Gas Corp submits an Original Service Inc submits a Letter Agreement between Description: RC Cape May Holdings, Agreement 921 between NYSEG and Southwestern Public Service Co d/b/a LLC submits an application for market Indeck Energy Services of Silver Springs Xcel Energy and Lea Power Partners, based rate authority (Electric Tariff, Inc under its OATT. LLC. Original Volume 1), certain waivers and Filed Date: 10/06/2006. Filed Date: 10/10/2006. blanket authorizations. Accession Number: 20061010–0215. Accession Number: 20061012–0172. Filed Date: 10/11/2006. Comment Date: 5 p.m. Eastern Time Comment Date: 5 p.m. Eastern Time Accession Number: 20061013–0077. on Friday, October 27, 2006. on Tuesday, October 31, 2006. Comment Date: 5 p.m. Eastern Time Docket Numbers: ER07–19–000. Docket Numbers: ER07–25–000. on Wednesday, November 1, 2006. Applicants: PJM Interconnection, Applicants: Southwest Power Pool, Docket Numbers: ER07–31–000. LLC. Inc. Applicants: Endeavor Power Partners, Description: PJM Interconnection, Description: Southwest Power Pool, LLC. LLC submits its proposed revisions to Inc submits a Letter Agreement between Description: Endeavor Power its Open Access Transmission Tariff. Southwestern Public Service Co dba Partners, LLC submits an application for Filed Date: 10/06/2006. Xcel Energy and Golden Spread Electric market-based rate authority under Accession Number: 20061011–0012. Cooperative, Inc. Section 205 of the Federal Power Act,

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Request for expedited consideration and Filed Date: 10/06/2006. DEPARTMENT OF ENERGY for waivers and pre-approvals. Accession Number: 20061006–5064. Filed Date: 10/11/2006. Federal Energy Regulatory Comment Date: 5 p.m. Eastern Time Accession Number: 20061013–0076. Commission Comment Date: 5 p.m. Eastern Time on Friday, October 27, 2006. [Docket Nos. CP98–150–006, Ø007, and on Wednesday, November 1, 2006. Any person desiring to intervene or to Ø008; Docket Nos. CP98–151–003, Ø004 Docket Numbers: ER07–33–000. protest in any of the above proceedings and CP05–19–000; Docket Nos. CP06–5– Applicants: New York Independent must file in accordance with Rules 211 000, CP06–6–000, and CP06–7–000; Docket System Operator, Inc. and 214 of the Commission’s Rules of No. CP06–76–000; Docket No. CP02–31– Description: NYISO submits a request Practice and Procedure (18 CFR 385.211 002] for temporary tariff waiver. and 385.214) on or before 5 p.m. Eastern Filed Date: 10/06/2006. time on the specified comment date. It Millennium Pipeline L.L.C.; Columbia Accession Number: 20061013–0082. is not necessary to separately intervene Gas Transmission Corporation; Empire Comment Date: 5 p.m. Eastern Time again in a subdocket related to a State Pipeline and Empire Pipeline, on Friday, October 27, 2006. compliance filing if you have previously Inc.; Algonquin Gas Transmission Docket Numbers: ER07–34–000. intervened in the same docket. Protests System; Iroquois Gas Transmission Applicants: Plains End II, LLC. will be considered by the Commission System; Notice of Availability of the Description: Petition of Plains End II, in determining the appropriate action to Final Supplemental Environmental LLC for order accepting market-based be taken, but will not serve to make Impact Statement for the Proposed rate tariff for filing and granting waivers protestants parties to the proceeding. Northeast–07 Project and blanket approvals and request for Anyone filing a motion to intervene or October 13, 2006. expedited action. protest must serve a copy of that The staff of the Federal Energy Filed Date: 10/12/2006. document on the Applicant. In reference Accession Number: 20061013–0081. Regulatory Commission (FERC or to filings initiating a new proceeding, Commission) has prepared a Final Comment Date: 5 p.m. Eastern Time interventions or protests submitted on on Thursday, November 2, 2006. Supplemental Environmental Impact or before the comment deadline need Statement (FSEIS) on the natural gas Docket Numbers: ER96–1551–018. not be served on persons other than the pipeline facilities proposed for the Applicants: Public Service Company Applicant. Northeast (NE)-07 Project in Genesee, of New Mexico. Ontario, Yates, Schuyler, Steuben, Description: Public Service Company The Commission encourages Chemung, Tioga, Broome, Delaware, of New Mexico submits a compliance electronic submission of protests and Orange, Rockland, Putnam, and Electric Refund Report of Public Service interventions in lieu of paper, using the Dutchess Counties, New York; Morris Company of New Mexico. FERC Online links at http:// Filed Date: 10/06/2006. www.ferc.gov. To facilitate electronic County, New Jersey; and Fairfield and Accession Number: 20061006–5052. service, persons with Internet access New Haven Counties, Connecticut, Comment Date: 5 p.m. Eastern Time who will eFile a document and/or be proposed by Millennium Pipeline L.L.C. on Friday, October 27, 2006. listed as a contact for an intervenor (Millennium), Columbia Gas Transmission Corporation (Columbia), Take notice that the Commission must create and validate an Empire State Pipeline and Empire received the following electric securities eRegistration account using the Pipeline, Inc. (collectively referred to as filings: eRegistration link. Select the eFiling link to log on and submit the Empire), Algonquin Gas Transmission Docket Numbers: ES07–1–000. intervention or protests. System (Algonquin), and Iroquois Gas Applicants: Edison Sault Electric Transmission System (Iroquois) in the Company. Persons unable to file electronically should submit an original and 14 copies above-referenced dockets. Description: Edison Sault Electric Co The FSEIS was prepared to satisfy the of the intervention or protest to the submits an application for authorization requirements of the National Federal Energy Regulatory Commission, to borrow under Section 204 of the Environmental Policy Act (NEPA). The 888 First St., NE., Washington, DC Federal Power Act. staff concludes that approval of the 20426. Filed Date: 10/10/2006. proposed project with appropriate Accession Number: 20061012–0099. The filings in the above proceedings mitigating measures as recommended, Comment Date: 5 p.m. Eastern Time are accessible in the Commission’s would have limited adverse on Tuesday, October 24, 2006. eLibrary system by clicking on the environmental impact. The FSEIS also Take notice that the Commission appropriate link in the above list. They evaluates alternatives to the proposal, received the following foreign utility are also available for review in the including system alternatives, company status filings: Commission’s Public Reference Room in alternative sites for compressor stations, Docket Numbers: FC07–1–000. Washington, DC. There is an and pipeline alternatives. Applicants: Uskmouth Power eSubscription link on the Web site that The FSEIS addresses the potential Limited. enables subscribers to receive e-mail environmental effects of the Description: Uskmouth Power notification when a document is added construction and operation of the Limited submits a Notice of Self to a subscribed dockets(s). For following natural gas pipeline facilities: Certification. assistance with any FERC Online Filed Date: 10/03/2006. service, please e-mail Millennium Pipeline Project—Phase I Accession Number: 20061003–5016. [email protected], or call • Construction of about 181.7 miles of Comment Date: 5 p.m. Eastern Time (866) 208–3676 (toll free). For TTY, call 30-inch-diameter pipeline from Corning, on Tuesday, October 24, 2006. (202) 502–8659. New York, to Ramapo, New York, (from Docket Numbers: FC07–2–000. milepost [MP] 190.6 to MP 376.6), with Applicants: Enel Latin America, LLC. Magalie R. Salas, four proposed route modifications Description: Enel Latin America, LLC Secretary. within this area; submits a Self-Certification of Foreign [FR Doc. E6–17467 Filed 10–18–06; 8:45 am] • Acquisition from Columbia and Utility Company Status. BILLING CODE 6717–01–P continued use of about 7.1 miles of 24-

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inch-diameter Line A–5 pipeline from —Spencer, MP 217.3, Tioga County; • Construction of miscellaneous MP 340.5 to MP 347.7; —Catatonk, MP 228.2, Tioga County; pipeline modifications and meter • Construction of the new Corning —Owego, MP 231.5, Tioga County; station modifications at several Compressor Station and measuring and —Union Center, MP 240.2, Broome locations in Rockland County, New regulating (M&R) facilities at MP 190.6; County; York, and Fairfield County, • Installation of upgrades to the —Endicott, MP 241.7, Broome County, Connecticut; Ramapo M&R station in Ramapo, —Westover, MP 245.7, Broome County; • Modifications to three existing Rockland County, New York; and —Willis Road, MP 248.1, Broome compressor stations in Rockland and • Construction of the Wagoner M&R County; Putnam Counties, New York, and Morris station in Deer Park, Orange County, —Port Dickinson, MP 250.8, Broome County, New Jersey; and New York, at MP 337.9. County; • Construction of one new natural gas Columbia would abandon certain —Kirkwood, MP 253.8, Broome County; compressor station in New Haven facilities related to the Millennium —Hancock, MP 285.6, Delaware County; County, Connecticut. Pipeline Project—Phase I. Columbia —Hartwood Club, MP 332.1, Sullivan County; Iroquois MarketAccess Project proposes the following: • • Abandonment in place of about 4.5 —Middletown, MP 347.7, Orange Reduction of the proposed size of miles of 10-inch-, 82.2 miles of County; the compressor to be constructed in the 12-inch-, 0.2 mile of 16-inch-, and 2.5 —Huguenot, MP 3440.5, Orange County; Town of Brookfield, Connecticut, from —Warwick, MP 359.3, Orange County; 10,000 hp to 7,700 hp; miles of 20-inch-diameter pipeline in • Steuben, Chemung, Tioga, Broome, —Greenwood Lake, MP 364.2, Orange Installation of natural gas cooling Orange, and Delaware Counties, New County; and related facilities at the Brookfield —Central Hudson/Tuxedo, MP367.9, York, designated as Line A–5; Compressor Station; and Orange County; • Installation of gas cooling and • Abandonment by removal —Sloatsburg, MP 373.3, Rockland related facilities at Iroquois’ existing (Millennium would remove Columbia’s County; compressor station in Town of Dover, pipeline when it installs its pipeline via —Ramapo, MP 376.4, Rockland County; Dutchess County, New York. same ditch replacement) of about 55.5 and The FSEIS has been placed in the miles of 12-inch-, 16.6 miles of —Buena Vista, MP 383.3, Rockland public files of the FERC and is available 10-inch-, and 8.8 miles of 8-inch- County. for distribution and public inspection diameter pipeline in Delaware, Sullivan, at: Federal Energy Regulatory Orange, and Rockland Counties, New Millennium would replace the facilities Columbia would abandon in Commission, Public Reference Room, York, designated as Line A–5, and of the 888 First Street, NE., Room 2A, Walton Deposit M&R station at MP place or by removal with its proposed project facilities, or it would continue to Washington, DC 20426. (202) 502–8371. 276.1 in Delaware County (Millennium A limited number of copies are would relocate this facility at the use those it would acquire by conveyance. available from the Public Reference landowner’s request and to move it Room identified above. In addition, closer to Line A–5); Millennium proposes to construct • Columbia’s Line A–5 Replacement copies of the FSEIS have been mailed to Abandonment by conveyance to federal, state, and local agencies; public Millennium of: Project as part of the Phase I Project. Æ interest groups; individuals and affected About 3.1 miles of 10- and 12-inch- Columbia Line A–5 Replacement landowners who requested a copy of the diameter pipeline in Steuben County, Project FSEIS; libraries; newspapers; and New York, designated as Line 10325; • Replacement of 8.8 miles of 8- and parties to this proceeding. Æ About 0.4 mile of 10-inch-diameter 16-inch-diameter segments of Additional information about the pipeline in Broome County, New York, Columbia’s existing Line A–5 pipeline project is available from the designated as Line 10356; with larger 30-inch-diameter pipeline in Commission’s Office of External Affairs, Æ About 52.5 miles of 10-, 12-, and Orange and Rockland Counties, New at 1–866–208–FERC or on the FERC 24-inch-diameter pipeline in Steuben, York; Internet Web site (http://www.ferc.gov) Chemung, Broome, and Orange • Modification of three existing M&R using the eLibrary link. Click on the Counties, New York, designated as Line stations (the Tuxedo, Sloatsburg, and eLibrary link, click on ‘‘General Search’’ A–5; Ramapo M&R stations) on this segment and enter the docket number excluding Æ About 2.6 miles of 6-inch-diameter of Line A–5 to accommodate the larger the last three digits in the Docket pipeline in Tioga County, New York, diameter pipeline; and Number field. Be sure you have selected designated as Line AD–31; • Abandonment in place of about 1.0 an appropriate date range. For Æ About 0.1 mile of 12-inch-diameter mile of the existing Line A–5 pipeline. assistance with eLibrary, the eLibrary pipeline in Broome County, New, York, helpline can be reached toll free at 1– designated as Line N; Empire Connector Project 866–208–3676, for TTY at (202) 502– Æ About 6.7 miles of 24-inch- • Construction of about 78 miles of 8659, or at diameter pipeline in Rockland County, new 24-inch-diameter pipeline and [email protected]. The New York, designated as Line 10338; eLibrary link on the FERC Internet Web Æ associated facilities in Ontario, Yates, The following M&R stations in New Schuyler, Chemung, and Steuben site also provides access to the texts of York: Counties, New York; and formal documents issued by the —Corning Natural Gas, MP 180.4, • Construction of a new compressor Commission, such as orders, notices, Steuben County; station in Genesee County, New York. and rulemakings. —Cooper Planes, MP 182.1, Steuben In addition, the Commission now County; Algonquin Ramapo Expansion Project offers a free service called eSubscription —M Account, MP 187.5, Steuben • Replacement about 4.9 miles of which allows you to keep track of all County; existing 26-inch-diameter pipeline with formal issuances and submittals in —Corning Glass, MP 188.4, Steuben 42-inch-diameter pipeline in Rockland specific dockets. This can reduce the County; County, New York; amount of time you spend researching

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proceedings by automatically providing instructions for filing comments Northern Border Pipeline (NBPL) you with notification of these filings, described in Appendix 1. system to the KMIP system. document summaries and direct links to If you are a landowner receiving this The general location of the project the documents. Go to the eSubscription notice, you may be contacted by a facilities is shown in Appendix 2.2 link on the FERC Internet Web site. pipeline company representative about the acquisition of an easement to Land Requirements Magalie R. Salas, construct, operate, and maintain the Secretary. Construction of the proposed pipeline proposed facilities. The pipeline and aboveground facilities would affect [FR Doc. E6–17473 Filed 10–18–06; 8:45 am] company would seek to negotiate a about 54.1 acres of land and includes BILLING CODE 6717–01–P mutually acceptable agreement. access roads, pipe/contractor yards, and However, if the project is approved by extra work areas. Following the Commission, that approval conveys DEPARTMENT OF ENERGY construction, roughly 4.63 acres would with it the right of eminent domain. be permanently maintained. The Federal Energy Regulatory Therefore, if easement negotiations fail remaining 49.5 acres of land would be Commission to produce an agreement, the pipeline restored and allowed to revert to its company could initiate condemnation former use. [Docket No. CP06–455–000] proceedings in accordance with state law. The EA Process Kinder Morgan Illinois Pipeline LLC; A brochure prepared by the FERC The National Environmental Policy Notice of Intent To Prepare an entitled ‘‘An Interstate Natural Gas Act (NEPA) requires the Commission to Environmental Assessment for the Facility On My Land? What Do I Need take into account the environmental Proposed Kinder Morgan Illinois To Know?’’ is available for viewing on impacts that could result from an action Pipeline Project and Request for the FERC Web site at http:// whenever it considers the issuance of a Comments on Environmental Issues www.ferc.gov. This fact sheet addresses Certificate of Public Convenience and a number of typically asked questions, Necessity. NEPA also requires us to October 13, 2006. including the use of eminent domain The staff of the Federal Energy discover and address concerns the and how to participate in the public may have about proposals. This Regulatory Commission (FERC or Commission’s proceedings. Commission) will prepare an process is referred to as ‘‘scoping’’. The environmental assessment (EA) that will Summary of the Proposed Project main goal of the scoping process is to focus the analysis in the EA on the discuss the environmental impacts of KMIP seeks authority to construct and important environmental issues. By this the Kinder Morgan Illinois Pipeline operate the following pipeline facilities: Project involving construction and Notice of Intent, the Commission staff operation of facilities by Kinder Morgan Cook County, IL requests public comments on the scope Illinois Pipeline LLC (KMIP) in Cook, • About 2.6 miles of new 24-inch- of the issues to address in the EA. All Kankakee and Will Counties, Illinois.1 diameter pipeline, installed along comments received are considered KMIP proposes to install approximately existing utility corridors. The new during the preparation of the EA. State 3.1 miles of new 24-inch-diameter pipeline would connect a new KMIP- and local government representatives pipeline and three new meter stations. Natural meter station to Natural’s are encouraged to notify their In addition, KMIP plans to lease 360,000 existing Calumet #3 pipeline; constituents of this proposed action and decatherms/day (Dth/day) in about 26 • A new meter station with a capacity encourage them to comment on their miles of existing pipeline facilities of up to 360,000 Dth/day, installed areas of concern. owned by Natural Gas Pipeline adjacent to an existing Natural meter Our 3 independent analysis of the Company of America (Natural). This EA station and would measure gas flow issues will be in the EA. Depending on will be used by the Commission in its from the Natural system to the KMIP the comments received during the decision-making process to determine pipeline; scoping process, the EA may be whether the project is in the public published and mailed to federal, state Will County, IL convenience and necessity. and local agencies, public interest This notice announces the opening of • Approximately 0.47 mile of new 24- groups, interested individuals, affected the public comment period that will be inch-diameter pipeline, installed along landowners, newspapers, libraries and used to gather environmental input from existing utility corridors. The new the Commission’s official service list for the public and interested agencies on pipeline would connect a new KMIP– this proceeding. A comment period will the project. Comments are requested by ANR meter station with Natural’s be allotted for review if the EA is November 13, 2006. existing Herscher-Dyer pipeline; published. We will consider all With this notice, the FERC staff is • A new meter station with a capacity comments on the EA before we make asking other Federal, state, local and of up to 360,000 Dth/day, installed our recommendations to the tribal agencies with jurisdiction and/or adjacent to ANR Pipeline Company’s Commission. special expertise with respect to (ANR’s) existing meter station and environmental issues to cooperate with would measure gas flow from the ANR 2 The appendices referenced in this notice are not us in the preparation of the EA. These system to the new KMIP–ANR pipeline being printed in the Federal Register. Copies of all connector; and appendices, other than Appendix 2 (map), are agencies may choose to participate once available on the Commission’s Web site at the they have evaluated KMIP’s proposal Kankakee County, IL ‘‘eLibrary’’ link or from the Commission’s Public relative to their responsibilities. • Reference Room, 888 First Street, NE., Washington, Agencies that would like to request A new meter station with a capacity DC 20426, or call (202) 502–8371. For instructions cooperating status should follow the of up to 360,000 Dth/day, installed on connecting to eLibrary refer to the last page of adjacent to Natural’s existing meter this notice. Copies of the appendices were sent to all those receiving this notice in the mail. 1 KMIP’s application was filed with the station located along the border of 3 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the Commission under section 7 of the Natural Gas Act Illinois and Indiana. The new meter environmental staff of the Office of Energy Projects and Part 157 of the Commission’s regulations. station would measure gas flow from the (OEP).

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Currently Identified Environmental same manner as you would if filing on Environmental Mailing List Issues paper and save it to a file on your hard If you wish to remain on our In the EA, we will discuss impacts drive. Before you can file comments, environmental mailing list, please that could occur as a result of the you will need to create an account by return the Information Request form construction and operation of the clicking on ‘‘Login to File’’ and then included in Appendix 3. If you do not proposed project. We will also evaluate ‘‘New User Account.’’ You will be asked return this form, you will be removed reasonable alternatives to the proposed to select the type of filing you are from our mailing list. project or portions of the project. making. This filing is considered a Additional Information We have already identified the ‘‘Comment on Filing.’’ following issues that we think deserve The determination of whether to Additional information about the attention based on a preliminary review distribute the EA for public comment project is available from the of the proposed facilities and the will be based on the response to this Commission’s Office of External Affairs, environmental information provided by notice. If you are interested in receiving at 1–866–208–FERC or on the FERC KMIP: a copy of the EA, please return the Internet Web site (http://www.ferc.gov) • One residence located within 50 Information Request form (Appendix 3). using the eLibrary link. Click on the feet of the construction workspace; Please also indicate on the form whether eLibrary link, click on ‘‘General Search’’ • Three public water supply wellhead you would prefer a paper or an and enter the docket number excluding protection areas within 150 feet of the electronic copy of the EA. An effort is the last three digits in the Docket construction workspace; being made to send this notice to all Number field. Be sure you have selected • Three private water wells located individuals affected by the proposed an appropriate date range. For within 150 feet of the construction project. This includes all landowners assistance, please contact FERC Online workspace; who are potential right-of-way grantors, Support at [email protected] • Two septic tank fields within 200 whose property may be used or toll free at 1–866–208–3676, or for feet of the construction workspace; temporarily for project purposes, or who TTY, contact (202) 502–8659. The • Six waterbody crossings; and own homes within distances defined in eLibrary link also provides access to the • Six wetlands. the Commission’s regulations of certain texts of formal documents issued by the The above preliminary list of issues aboveground facilities. Commission, such as orders, notices, may be changed based on your Becoming an Intervenor and rulemakings. comments and our analysis. In addition, the Commission now In addition to involvement in the EA offers a free service called eSubscription Public Participation scoping process, you may want to which allows you to keep track of all You can make a difference by become an official party to the formal issuances and submittals in providing us with your specific proceeding, or ‘‘intervenor’’. To become specific dockets. This can reduce the comments or concerns about the project. an intervenor you must file a motion to amount of time you spend researching By becoming a commentor, your intervene according to Rule 214 of the proceedings by automatically providing concerns will be addressed in the EA Commission’s Rules of Practice and you with notification of these filings, and considered by the Commission. You Procedure (18 CFR 385.214). Intervenors document summaries and direct links to should focus on the potential have the right to seek rehearing of the the documents. Go to http:// environmental effects of the proposal, Commission’s decision. Motions to www.ferc.gov/esubscribenow.htm. alternatives to the proposal (including Intervene should be electronically Finally, public meetings or site visits alternative locations and routes), and submitted using the Commission’s will be posted on the Commission’s measures to avoid or lessen eFiling system at http://www.ferc.gov. calendar located at http://www.ferc.gov/ environmental impact. The more Persons without Internet access should EventCalendar/EventsList.aspx along specific your comments, the more useful send an original and 14 copies of their with other related information. they will be. Please carefully follow the motion to the Secretary of the instructions below to ensure that your Commission at the address indicated Magalie R. Salas, comments are received in time and previously. Persons filing Motions to Secretary. properly recorded: Intervene on or before the comment [FR Doc. E6–17486 Filed 10–18–06; 8:45 am] • Send an original and two copies of deadline indicated above must send a BILLING CODE 6717–01–P your letter to: Magalie R. Salas, copy of the motion to the Applicant. All Secretary, Federal Energy Regulatory filings, including late interventions, Commission, 888 First St., NE., Room submitted after the comment deadline DEPARTMENT OF ENERGY 1A, Washington, DC 20426. must be served on the Applicant and all Federal Energy Regulatory • Label one copy of the comments for other intervenors identified on the Commission the attention of Gas Branch 3. Commission’s service list for this • Reference Docket No. CP06–455– proceeding. Persons on the service list Notice of Application Ready for 000. with e-mail addresses may be served Environmental Analysis and Soliciting • Mail your comments so that they electronically; others must be served a Comments, Recommendations, Terms will be received in Washington, DC on hard copy of the filing. and Conditions, and Prescriptions or before November 13, 2006. Affected landowners and parties with The Commission strongly encourages environmental concerns may be granted October 13, 2006. electronic filing of comments. Please intervenor status upon showing good Take notice that the following refer to 18 Code of Federal Regulations cause by stating that they have a clear hydroelectric application has been filed (CFR) 385.2001(a)(1)(iii) and the and direct interest in this proceeding with the Commission and is available instructions on the Commission’s Web which would not be adequately for public inspection. site at http://www.ferc.gov under the ‘‘e- represented by any other parties. You do a. Type of Application: Original Major Filing’’ link and the link to the User’s not need intervenor status to have your License under 5 megawatts (MW). Guide. Prepare your submission in the environmental comments considered. b. Project No: 11879–002.

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c. Date filed: May 20, 2004. profile powerhouse; and (5) appurtenant 2005, Scoping Document 1 is revised as d. Applicant: Symbiotics, LLC. facilities. follows: e. Name of Project: Chester Diversion The applicant estimates that the Notice that application is ready for Hydroelectric Project. average annual generation would be environmental analysis (EA): October f. Location: On Henry’s Fork of the about 16.8 gigawatthours. 2006. Snake River, near the Town of Rexburg, m. A copy of the application is Notice of the availability of the EA: in Fremont County, Idaho. available for review at the Commission March 2007. g. Filed Pursuant to: Federal Power in the Public Reference Room or may be Act, 16 U.S.C. 791 (a)—825(r). viewed on the Commission’s Web site at Magalie R. Salas, h. Applicant Contact: Brent L. Smith, http://www.ferc.gov using the Secretary. Northwest Power Services, Inc. P.O. Box ‘‘eLibrary’’ link. Enter the docket [FR Doc. E6–17502 Filed 10–18–06; 8:45 am] 535, Rigby, Idaho 83442, (208) 745– number excluding the last three digits in BILLING CODE 6717–01–P 0834. the docket number field to access the i. FERC Contact: Emily Carter, 202– document. For assistance, contact FERC 502–6512, [email protected]. Online Support at DEPARTMENT OF ENERGY j. Deadline for filing comments, [email protected] or toll- recommendations, terms and free at 1–866–208–3676, or for TTY, Federal Energy Regulatory conditions, and prescriptions is 60 days (202) 502–8659. A copy is also available Commission from the issuance of this notice; reply for inspection and reproduction at the Notice of Application for Non-Project comments are due 105 days from the address in item h above. Use of Project Lands and Waters and issuance date of this notice. All filings must (1) bear in all capital Soliciting Comments, Motions to All documents (original and eight letters the title ‘‘Comments’’, ‘‘Reply Intervene, and Protests copies) should be filed with: Magalie R. Comments’’, ‘‘Recommendations,’’ Salas, Secretary, Federal Energy ‘‘Terms and Conditions,’’ or October 13, 2006. Regulatory Commission, 888 First ‘‘Prescriptions;’’ (2) set forth in the Take notice that the following Street, NE., Washington, DC 20426. heading the name of the applicant and application has been filed with the The Commission’s Rules of Practice the project number of the application to Commission and is available for public require all intervenors filing documents which the filing responds; (3) furnish inspection: with the Commission to serve a copy of the name, address, and telephone a. Application Type: Non-Project Use that document on each person on the number of the person submitting the Of Project Lands And Waters. official service list for the project. filing; and (4) otherwise comply with b. Project No: 2232–526. Further, if an intervenor files comments the requirements of 18 CFR 385.2001 c. Date Filed: October 3, 2006. or documents with the Commission through 385.2005. All comments, d. Applicant: Duke Power Company relating to the merits of an issue that recommendations, terms and conditions LLC. may affect the responsibilities of a or prescriptions must set forth their e. Name of Project: The Catawba- particular resource agency, they must evidentiary basis and otherwise comply Wateree Project, which includes Lake also serve a copy of the document on with the requirements of 18 CFR 4.34(b). Wylie. that resource agency. Agencies may obtain copies of the f. Location: The proposed action will Comments, recommendations, terms application directly from the applicant. take place at Lake Wylie, which is and conditions, and prescriptions may Each filing must be accompanied by located in Gaston County, North be filed electronically via the Internet in proof of service on all persons listed on Carolina on the Catawba River, at the lieu of paper. The Commission strongly the service list prepared by the Reflection Point Subdivision. encourages electronic filings. See 18 Commission in this proceeding, in g. Filed Pursuant to: Federal Power CFR 385.2001(a)(1)(iii) and the accordance with 18 CFR 4.34(b), and Act, 16 U.S.C. 791 (a) 825(r) and 799 instructions on the Commission’s Web 385.2010. and 801. site (http://www.ferc.gov) under the ‘‘e- You may also register online at h. Applicant Contact: Mr. Kelvin K. Filing’’ link. http://www.ferc.gov/docs-filing/ Reagan, Senior Lake Services k. This application has been accepted esubscription.asp to be notified via e- Representative, Duke Energy and is now ready for environmental mail of new filings and issuances Corporation, P.O. Box 1006, Charlotte, analysis. related to this or other pending projects. NC 28201–1006; (704) 382–9386. l. The Applicant proposes to utilize For assistance, contact FERC Online i. FERC Contact: Any questions on the existing BOR Chester Diversion dam Support. this notice should be addressed to on the Henry’s Fork of the Snake River. n. Public notice of the filing of the Lesley Kordella at (202) 502–6406, or by The dam has an overall structural height initial development application, which e-mail: [email protected]. of 17 feet and a total length of 457 feet, has already been given, established the j. Deadline for filing comments and or spanning the river. Operation of the due date for filing competing motions: November 13, 2006. project would depend on flows in the applications or notices of intent. Under All documents (original and eight Henry’s Fork and would be dependent the Commission’s regulations, any copies) should be filed with: Ms. on the irrigation season. It would be competing development application Magalie R. Salas, Secretary, Federal operated run-of-river and no storage must be filed in response to and in Energy Regulatory Commission, 888 would occur at the project. compliance with public notice of the First Street, NE., Washington DC 20426. The proposed project would consist of initial development application. No Please include the project number (P– the following facilities: (1) A new three- competing applications or notices of 2232–526) on any comments or motions foot-high inflatable rubber dam bolted to intent may be filed in response to this filed. Comments, protests, and the crest of the existing spillway; (2) a notice. interventions may be filed electronically new 50-foot-wide concrete spillway; (3) o. Procedural schedule and final via the internet in lieu of paper. See, 18 two new Kaplan-type turbine generator amendments: Revisions to the schedule CFR 385.2001(a)(1)(iii) and the units with a combined generating will be made as appropriate. The instructions on the Commission’s Web capacity of 3.3 MW; (4) a new low- schedule given in the September 6, site under the ‘‘e-Filing’’ link. The

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Commission strongly encourages e- may be obtained by agencies directly ‘‘e-Filing’’ link. The Commission filings. from the Applicant. If an agency does strongly encourages electronic filings. k. Description of Request: Duke Power not file comments within the time Please include the Project Number on Company LLC, licensee for the Catawba specified for filing comments, it will be any comments or motions filed. Wateree Hydroelectric Project, has presumed to have no comments. One The Commission’s Rules of Practice requested Commission approval to lease copy of an agency’s comments must also and Procedure require all intervenors to the North Star Investors II, LLC, 2.31 be sent to the Applicant’s filing a document with the Commission total acres of project lands on Lake representatives. to serve a copy of that document on Wylie for a commercial/ residential each person in the official service list marina to serve the Reflection Point Magalie R. Salas, for the project. Further, if an intervenor Subdivision, a commercial residential Secretary. files comments or documents with the development located in Gaston County, [FR Doc. E6–17503 Filed 10–18–06; 8:45 am] Commission relating to the merits of an North Carolina. The marina will consist BILLING CODE 6717–01–P issue that may affect the responsibilities of four cluster docks with ninety-eight of a particular resource agency, they boat docking locations. There will be no must also serve a copy of the documents dredging during construction and the DEPARTMENT OF ENERGY on that resource agency. docks will be constructed off site and j. Description of Application: floated into place during low peak Federal Energy Regulatory Applicants seek Commission approval recreation usage times. Commission to transfer the license for the Stuyvesant l. Location of the Application: This Falls Project from Stuyvesant Falls Notice of Application for Transfer of filing is available for review at the Hydro Corporation and the Town of License, and Soliciting Comments, Commission or may be viewed on the Stuyvesant, New York to Albany Motions To Intervene, and Protests Commission’s Web site at http:// Engineering Corporation and the Town www.ferc.gov, using the ‘‘eLibrary’’ link. October 13, 2006. of Stuyvesant, New York. Enter the docket number excluding the Take notice that the following k. This filing is available for review at last three digits in the docket number hydroelectric application has been filed the Commission in the Public Reference field to access the document. For with the Commission and is available Room or may be viewed on the assistance, contact FERC Online for public inspection: Commission’s Web site at http:// Support at a. Application Type: Transfer of www.ferc.gov using the ‘‘Ferris’’ link. [email protected] or toll- License. Enter the docket number (P–9985) in the free at (866) 208–3676, or for TTY, b. Project No.: 2696–027. docket number field to access the contact (202) 502–8659. c. Date Filed: September 26, 2006. document. For assistance, call toll-free m. Individuals desiring to be included d. Applicants: Stuyvesant Falls Hydro 1–866–208–3676 or e-mail on the Commission’s mailing list should Corporation and the Town of [email protected]. For TTY, so indicate by writing to the Secretary Stuyvesant, New York (transferors); and call (202) 502–8659. A copy is also of the Commission. Albany Engineering Corporation and the available for inspection and n. Comments, Protests, or Motions to Town of Stuyvesant, New York reproduction at the addresses in item g. Intervene: Anyone may submit (transferees). above. comments, a protest, or a motion to e. Name and Location of Project: The l. Individuals desiring to be included intervene in accordance with the Stuyvesant Falls Project is located on on the Commission’s mailing list should requirements of Rules of Practice and the Kinderhook Creek in Columbia so indicate by writing to the Secretary Procedure, 18 CFR 385.210, 385.211, County, New York. of the Commission. 385.214. In determining the appropriate f. Filed Pursuant to: Federal Power m. Comments, Protests, or Motions to action to take, the Commission will Act, 16 U.S.C. 791a—825r. Intervene: Anyone may submit consider all protests or other comments g. Applicant Contacts: For the comments, a protest, or a motion to filed, but only those who file a motion transferors: James A. Besha, Stuyvesant intervene in accordance with the to intervene in accordance with the Falls Hydro Corporation, C/O Albany requirements of Rules of Practice and Commission’s Rules may become a Engineering Corporation, 447 New Procedure, 18 CFR 385.210, 385.211, party to the proceeding. Any comments, Karner Road, Albany, NY, (518) 456– 385.214. In determining the appropriate protests, or motions to intervene must 7712. action to take, the Commission will be received on or before the specified For the transferee: James A. Besha, consider all protests or other comments comment date for the particular Albany Engineering Corporation, 447 filed, but only those who file a motion application. New Karner Road, Albany, NY, (518) to intervene in accordance with the o. Filing and Service of Responsive 456–7712. Commission’s Rules may become a Documents: Any filings must bear in all h. FERC Contact: Robert Bell at (202) party to the proceeding. Any comments, capital letters the title ‘‘Comments’’, 502–6062. protests, or motions to intervene must ‘‘Recommendations for Terms and i. Deadline for filing comments, be received on or before the specified Conditions’’, ‘‘Protest’’, or ‘‘Motion to protests, and motions to intervene: comment date for the particular Intervene’’, as applicable, and the November 13, 2006. application. Project Number of the particular All documents (original and eight n. Filing and Service of Responsive application to which the filing refers. A copies) should be filed with: Magalie R. Documents: Any filings must bear in all copy of any motion to intervene must Salas, Secretary, Federal Energy capital letters the title ‘‘Comments’’, also be served upon each representative Regulatory Commission, 888 First ‘‘Protest’’, or ‘‘Motion to Intervene’’, as of the Applicant specified in the Street, NE., Washington, DC 20426. applicable, and the Project Number of particular application. Comments, protests, and interventions the particular application to which the p. Agency Comments: Federal, state, may be filed electronically via the filing refers. Any of the above-named and local agencies are invited to file Internet in lieu of paper. See 18 CFR documents must be filed by providing comments on the described 385.2001(a)(1)(iii) and the instructions the original and eight copies to: The applications. A copy of the applications on the Commission’s Web site under the Secretary, Federal Energy Regulatory

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Commission, 888 First Street, NE., Applicants. If an agency does not file DEPARTMENT OF ENERGY Washington, DC 20426. A copy of any comments within the time specified for motion to intervene must also be served filing comments, it will be presumed to Federal Energy Regulatory upon each representative of the have no comments. One copy of an Commission Notice of Technical Applicants specified in the particular agency’s comments must also be sent to Conference application. the Applicants’ representatives. o. Agency Comments: Federal, state, October 13, 2006. and local agencies are invited to file Magalie R. Salas, comments on the described application. Secretary. A copy of the application may be [FR Doc. E6–17504 Filed 10–18–06; 8:45 am] obtained by agencies directly from the BILLING CODE 6717–01–P

Midwest Independent Transmission System Operator, Inc ...... Docket No. ER05–6–044, Docket No. ER05–6–054, Docket No. ER05– 6–055. Midwest Independent Transmission System Operator, Inc. and PJM Docket No. EL04–135–046, Docket No. EL04–135–056, Docket No. Interconnection, L.L.C. EL04–135–057. Midwest Independent Transmission System Operator, Inc. and PJM Docket No. EL02–111–064, Docket No. EL02–111–074, Docket No. Interconnection, L.L.C. EL02–111–075. Ameren Services Company ...... Docket No. EL03–212–060, Docket No. EL03–212–070, Docket No. EL03–212–071.

Take notice that the Commission will ENVIRONMENTAL PROTECTION 17th Street, NW., Washington, DC convene a technical conference on AGENCY 20503. Tuesday, December 5, 2006, at 9 a.m., in [EPA–HQ–OECA–2006–0413; FRL–8232–3] Note: The EPA Docket Center suffered room 3M–1 of the Federal Energy damage due to flooding during the last week Regulatory Commission, 888 First Agency Information Collection of June 2006. The Docket Center is Street, NE., Washington, DC 20426. As Activities; Submission to OMB for continuing to operate. However, during the required by the September 21, 2006, cleanup, there will be temporary changes to Review and Approval; Comment Docket Center telephone numbers, addresses, order in Midwest Independent Request; NSPS for Secondary Lead and hours of operation for people who wish Transmission System Operator, Inc., 116 Smelters (Renewal), EPA ICR Number to visit the Public Reading Room to view FERC ¶ 61,260 (2006), the conference 1128.08, OMB Control Number 2060– documents. Consult EPA’s Federal Register will discuss proposals to allocate 0080 notice at 71 FR 38147 (July 5, 2006) or the between Midwest Independent EPA Web site at http://www.epa.gov/ AGENCY: Environmental Protection Transmission System Operator, Inc. and epahome/dockets.htm for current Agency. information on docket status, locations and PJM Interconnection, L.L.C., the cost ACTION: Notice. telephone numbers. responsibility for constructing facilities FOR FURTHER INFORMATION CONTACT: John that benefit both regional transmission SUMMARY: In compliance with the Schaefer, Office of Air Quality Planning organizations. Paperwork Reduction Act (44 U.S.C. and Standards, Sector Policies and 3501 et seq.), this document announces The conference is open for the public Programs Division (D243–05), that an Information Collection Request to attend. The conference will not be Measurement Policy Group, (ICR) has been forwarded to the Office transcribed and telephone participation Environmental Protection Agency, of Management and Budget (OMB) for will not be available. Research Triangle Park, North Carolina review and approval. This is a request 27711; telephone number: (919) 541– FERC conferences are accessible to renew an existing approved 0296; fax number: (919) 541–3207; e- under section 508 of the Rehabilitation collection. The ICR, which is abstracted mail address: [email protected]. Act of 1973. For accessibility below, describes the nature of the accommodations please send an e-mail collection and the estimated burden and SUPPLEMENTARY INFORMATION: EPA has to [email protected] or call toll free cost. submitted the following ICR to OMB for review and approval according to the 1–866–208–3372 (voice) or 202–502– DATES: Additional comments may be procedures prescribed in 5 CFR 1320.12. 8659 (TTY). submitted on or before November 20, On June 21, 2006 (71 FR 35652), EPA For more information about the 2006. sought comments on this ICR pursuant conference, please contact: Fernando ADDRESSES: Submit your comments, to 5 CFR 1320.8(d). EPA received no Rodriguez at (202) 502–8231 or referencing docket ID number EPA–HQ– comments. Any additional comments on [email protected]. OECA–2006–0413, to (1) EPA online this ICR should be submitted to EPA Magalie R. Salas, using http://www.regulations.gov (our and OMB within 30 days of this notice. preferred method), or by e-mail to EPA has established a public docket Secretary. [email protected], or by mail to: EPA for this ICR under docket ID number [FR Doc. E6–17474 Filed 10–18–06; 8:45 am] Docket Center (EPA/DC), Environmental EPA–HQ–OECA–2006–0413, which is BILLING CODE 6717–01–P Protection Agency, Enforcement and available for public viewing online at Compliance Docket and Information http://www.regulations.gov, or in person Center, mail code 2201T, 1200 viewing at the Enforcement and Pennsylvania Avenue, NW., Compliance Docket and Information Washington, DC 20460, and (2) OMB by Center in the EPA Docket Center (EPA/ mail to: Office of Information and DC), EPA West, Room B102, 1301 Regulatory Affairs, Office of Constitution Avenue, NW., Washington, Management and Budget (OMB), DC. The EPA Docket Center Public Attention: Desk Officer for EPA, 725 Reading Room is open from 8:30 a.m. to

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4:30 p.m., Monday through Friday, These notifications, reports, and records announces that an Information excluding legal holidays. The telephone are essential in determining compliance; Collection Request (ICR) has been number for the Reading Room is (202) and are required, in general, of all forwarded to the Office of Management 566–1744 and the telephone number for sources subject to NSPS. and Budget (OMB) for review and the Enforcement and Compliance Burden Statement: The annual public approval. This is a request for a new Docket is (202) 566–1927. reporting and recordkeeping burden for collection. The ICR, which is abstracted Use EPA’s electronic docket and this collection of information is below, describes the nature of the comment system at http:// estimated to average 1.5 hours per information collection and its estimated www.regulations.gov to submit or view response. Burden means the total time, burden and cost. public comments, access the index effort, or financial resources expended DATES: Additional comments may be listing of the contents of the docket, and by persons to generate, maintain, retain, submitted on or before November 20, to access those documents in the docket or disclose or provide information to or 2006. that are available electronically. Once in for a Federal agency. This includes the the system, select ‘‘docket search,’’ then time needed to review instructions; ADDRESSES: Submit your comments, key in the docket ID number identified develop, acquire, install, and utilize referencing Docket ID No. EPA–HQ– above. Please note that EPA’s policy is technology and systems for the purposes OW–2006–0454, to (1) EPA online using that public comments, whether of collecting, validating, and verifying http://www.regulations.gov (our submitted electronically or in paper, information, processing and preferred method), by e-mail to OW— will be made available for public maintaining information, and disclosing OW–[email protected], or by mail to viewing at http://www.regulations.gov and providing information; adjust the Water Docket, EPA Docket Center, as EPA receives them and without existing ways to comply with any Environmental Protection Agency, Mail change, unless the comment contains previously applicable instructions and Code 4101T, 1200 Pennsylvania Ave., copyrighted material, CBI, or other requirements which have subsequently NW., Washington, DC 20460, and (2) information whose public disclosure is changed; train personnel to be able to OMB by mail to: Office of Information restricted by statute. For further respond to a collection of information; and Regulatory Affairs, Office of information about the electronic docket, search data sources; complete and Management and Budget (OMB), go to http://www.regulations.gov. review the collection of information; Attention: Desk Officer for EPA, 725 Title: NSPS for Secondary Lead and transmit or otherwise disclose the 17th Street, NW., Washington, DC Smelters (Renewal). information. 20503. ICR Numbers: EPA ICR Number Respondents/Affected Entities: 1128.08, OMB Control Number 2060– FOR FURTHER INFORMATION CONTACT: Secondary lead smelters. 0080. Brian Rourke, Standards and Risk Estimated Number of Respondents: ICR Status: This ICR is scheduled to Management Division (Mailcode 25. expire on November 30, 2006. Under 4607M), Office of Ground Water and Frequency of Response: Initially and OMB regulations, the Agency may Drinking Water, Environmental on occasion. continue to conduct or sponsor the Protection Agency, 1200 Pennsylvania Estimated Total Annual Hour Burden: collection of information while this Ave. NW., Washington, DC 20460; 38. submission is pending at OMB. An telephone number: 202–564–5241; fax Estimated Total Annual Cost: $0 in Agency may not conduct or sponsor, number 202–564–3760; e-mail address: annualized capital or O&M costs. and a person is not required to respond [email protected]. to, a collection of information unless it Changes in the Estimates: There is no displays a currently valid OMB control change in the total estimated burden SUPPLEMENTARY INFORMATION: EPA has number. The OMB control numbers for currently identified in the OMB submitted the following ICR to OMB for EPA’s regulations in title 40 of the CFR, Inventory of Approved ICR Burdens. review and approval according to the after appearing in the Federal Register Dated: October 6, 2006. procedures prescribed in 5 CFR 1320.12. when approved, are listed in 40 CFR Oscar Morales, On June 1, 2006 71 FR 31176–31177), part 9, and displayed either by Director, Collection Strategies Division. EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA publication in the Federal Register or [FR Doc. E6–17423 Filed 10–18–06; 8:45 am] received 2 comments during the by other appropriate means, such as on BILLING CODE 6560–50–P the related collection instrument or comment period, which are addressed form, if applicable. The display of OMB in the ICR. Any additional comments on control numbers in certain EPA ENVIRONMENTAL PROTECTION this ICR should be submitted to EPA regulations is consolidated in 40 CFR AGENCY and OMB within 30 days of this notice. part 9. EPA has established a public docket Abstract: This Information Collection [EPA–HQ–OW–2006–0454; FRL–8232–8] for this ICR under Docket ID No. EPA– Request (ICR) renewal is being HQ–OW–2006–0454, which is available Agency Information Collection submitted for the NSPS for Secondary for online viewing at http:// Activities; Submission to OMB for Lead Smelters (40 CFR part 60, subpart www.regulations.gov, or in person Review and Approval; Comment L), which was promulgated on March 8, viewing at the Water Docket in the EPA Request; Community Water System 1974. This standard applies to owners Docket Center (EPA/DC), EPA West, Survey 2006; EPA ICR No. 2232.01; and operators of secondary lead Room B102, 1301 Constitution Ave., OMB Control No. 2040—New smelters facilities. Owners and NW., Washington, DC. The EPA/DC operators of secondary lead smelters AGENCY: Environmental Protection Public Reading Room is open from 8 subject to NSPS must notify EPA of Agency. a.m. to 4:30 p.m., Monday through construction, reconstruction, ACTION: Notice. Friday, excluding legal holidays. The anticipated and actual startup dates, and telephone number for the Reading Room results of performance tests. Records of SUMMARY: In compliance with the is 202–566–1744, and the telephone performance test results, shutdowns, Paperwork Reduction Act (PRA) (44 number for the Water Docket is 202– and malfunctions must be maintained. U.S.C. 3501 et seq.), this document 566–2422.

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Use EPA’s electronic docket and distribution system configurations, to ENVIRONMENTAL PROTECTION comment system at http:// help inform the Agency’s determination AGENCY www.regulations.gov, to submit or view of baseline conditions for effective [EPA–HQ–OECA–2006–0439; FRL–8232–6] public comments, access the index economic analysis. In addition, the listing of the contents of the docket, and survey will provide a limited amount of Agency Information Collection to access those documents in the docket information to help the agency better Activities; Submission to OMB for that are available electronically. Once in conduct its outreach efforts to assist the Review and Approval; Comment the system, select ‘‘docket search,’’ then regulated community and gauge the Request; NSPS for Phosphate key in the docket ID number identified effectiveness of current program Fertilizer Industry (Renewal), EPA ICR above. Please note that EPA’s policy is initiatives in the area of water security. Number 1061.10, OMB Control Number that public comments, whether This is a one-time collection effort. 2060–0037 submitted electronically or in paper, Responses are voluntary and are not will be made available for public AGENCY: required in order to obtain or retain any Environmental Protection viewing at http://www.regulations.gov Agency (EPA). as EPA receives them and without benefit. The Agency does not intend to ACTION: Notice. change, unless the comment contains share or make public the names or copyrighted material, CBI, or other identities of survey participants. SUMMARY: In compliance with the information whose public disclosure is Burden Statement: The annual public Paperwork Reduction Act (44 U.S.C. restricted by statute. For further reporting and recordkeeping burden for 3501 et seq.), this document announces information about the electronic docket, this collection of information is that the following Information go to http://www.regulations.gov. estimated to average one to five hours Collection Request (ICR) has been Title: Community Water System per response, depending on the size of forwarded to the Office of Management Survey 2006. the water system sampled. Burden and Budget (OMB) for review and ICR numbers: EPA ICR No. 2232.01, means the total time, effort, or financial approval. This is a request to renew an OMB Control No. 2040—new. existing approved collection. The ICR ICR Status: This ICR is for a new resources expended by persons to which is abstracted below describes the information collection activity. An generate, maintain, retain, or disclose or nature of the collection and the Agency may not conduct or sponsor, provide information to or for a Federal estimated burden and cost. and a person is not required to respond agency. This includes the time needed to, a collection of information, unless it to review instructions; develop, acquire, DATES: Additional comments may be displays a currently valid OMB control install, and utilize technology and submitted on or before November 20, number. The OMB control numbers for systems for the purposes of collecting, 2006. EPA’s regulations in title 40 of the CFR, validating, and verifying information, ADDRESSES: Submit your comments, after appearing in the Federal Register processing and maintaining referencing docket ID number EPA- when approved, are listed in 40 CFR information, and disclosing and OECA–2006–0439, to (1) EPA online part 9, are displayed either by providing information; adjust the using http://www.regulations.gov (our publication in the Federal Register or existing ways to comply with any preferred method), by e-mail to by other appropriate means, such as on previously applicable instructions and [email protected], or by mail to: EPA the related collection instrument or requirements which have subsequently Docket Center (EPA/DC), Environmental form, if applicable. The display of OMB changed; train personnel to be able to Protection Agency, Enforcement and control numbers in certain EPA respond to a collection of information; Compliance Docket and Information regulations is consolidated in 40 CFR search data sources; complete and Center, mail code 2201T, 1200 part 9. review the collection of information; Pennsylvania Avenue, NW., Abstract: Last conducted in 2001, the Washington, DC 20460, and (2) OMB at: Community Water System Survey is and transmit or otherwise disclose the information. Office of Information and Regulatory conducted about every 5 years to gather Affairs, Office of Management and information on the operating and Respondents/Affected Entities: Budget (OMB), Attention: Desk Officer financial characteristics of a nationally Investor-owned water systems (SIC for EPA, 725 17th Street, NW., representative sample of community 4941) and publicly owned water Washington, DC 20503. water systems. The agency uses the data systems (SIC 9511). provided by this survey to meet its Note: The EPA Docket Center suffered Estimated Number of Respondents: Regulatory Impact Analysis obligations damage due to flooding during the last week 1,692. of June 2006. The Docket Center is under EO 12866 and its obligations to continuing to operate. However, during the assess and mitigate regulatory impacts Frequency of Response: Once. cleanup, there will be temporary changes to on small entities under the Regulatory Estimated Total Annual Hour Burden: Docket Center telephone numbers, addresses, Flexibility Act and the Small Business 6,060 (respondents); 300 (States). and hours of operation by people who wish Regulatory Enforcement Fairness Act. to visit the Public Reading Room to view Also, under Section 1412(b)(3)(C) of the Estimated Total Annual Cost: documents. Consult EPA’s Federal Register Safe Drinking Water Act, the Agency $191,693 (respondents); $10,830 notice at 71 FR 38147 (July 15, 2006) at the must prepare a Health Risk Reduction (States), includes $0 annualized capital EPA Web site at http://www.epa.gov/ and Cost Analysis for any proposed or O&M costs. epahome/dockets.htm for current information on docket status; locations and National Primary Drinking Water Dated: October 11, 2006. telephone numbers. Regulation. Through this survey EPA Oscar Morales, FOR FURTHER INFORMATION CONTACT: seeks to gather information on Director, Collection Strategies Division. community drinking water system Learia Williams, Compliance [FR Doc. E6–17446 Filed 10–18–06; 8:45 am] finances, as well as infrastructure Assessment and Media Programs characteristics that bear on both present BILLING CODE 6560–50–P Division (CAMPD), Office of costs and future cost impacts, including Compliance, Mail Code 2223A, current treatment, storage and Environmental Protection Agency, 1200

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Pennsylvania Avenue, NW., sponsor, and a person is not required to Burden Statement: The annual public Washington, DC 20460; telephone respond to, a collection of information reporting and recordkeeping burden for number: (202) 564–4113; fax number: unless it displays a currently valid OMB this collection of information is (202) 564–0050; e-mail address: control number. The OMB control estimated to average 46 hours per [email protected]. numbers for EPA’s regulations in title 40 response. Burden means the total time, of the CFR, after appearing in the effort, or financial resources expended SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB for Federal Register when approved, are by persons to generate, maintain, retain, review and approval according to the listed in 40 CFR part 9, and displayed or disclose or provide information to or procedures prescribed in 5 CFR 1320.12. either by publication in the Federal for a Federal agency. This includes the Register or by other appropriate means, time needed to review instructions; On June 21, 2006 (71 FR 35652), EPA such as on the related collection develop, acquire, install, and utilize sought comments on this ICR pursuant instrument or form, if applicable. The technology and systems for the purposes to 5 CFR 1320.8(d). EPA received no display of OMB control numbers in of collecting, validating, and verifying comments. Any additional comments on certain EPA regulations is consolidated information, processing and this ICR should be submitted to EPA in 40 CFR part 9. maintaining information, and disclosing and OMB within 30 days of this notice. Abstract: The NSPS for the Phosphate and providing information; adjust the EPA has established a public docket Fertilizer Industry, published at 40 CFR existing ways to comply with any for this ICR under docket ID number part 60, subparts T, U, V, W, and X, previously applicable instructions and EPA-HQ-OECA–2006–0439, which is were proposed on October 22, 1974, and requirements which have subsequently available for public viewing online at promulgated on August 6, 1975. These changed; train personnel to be able to http://www.regulations.gov, and in standards apply to each wet-process respond to a collection of information; person viewing at the Enforcement and phosphoric acid plant, each search data sources; complete and Compliance Docket and Information superphosphoric acid plant, each review the collection of information; Center in the EPA Docket Center (EPA/ granular diammonium phosphate plant, and transmit or otherwise disclose the DC), EPA West, Room B102, 1301 and each triple superphosphate plant, information. Constitution Avenue, NW., Washington, having a design capacity of more than Respondents/Affected Entities: DC. The EPA Docket Center Public 15 tons of equivalent phosphorous Phosphate Fertilizer Industry. Reading Room is open from 8:30 a.m. to pentoxide (P2O5) feed per calendar day. Estimated Number of Respondents: 4:30 p.m., Monday through Friday, These standards also apply to granular 13. excluding legal holidays. The telephone triple superphosphate storage facilities. Frequency of Response: Initial and number for the Reading Room is (202) Owners or operators of affected Semiannual. 566–1744, and the telephone number for facilities described must make the Estimated Total Annual Hour Burden: the Enforcement and Compliance following one-time-only initial 1,194 hours. Docket Center is (202) 566–1927. notifications and reports on the results Estimated Total Annual Cost: Use EPA’s electronic docket and of the initial performance test. Owners $388,363, which includes $0 annual comment system at http:// or operators are also required to Start Up costs, $320,190 annualized www.regulations.gov, to submit or view maintain records of the occurrence and operations & maintenance (O&M) costs, public comments, access the index duration of any startup, shutdown, or and $68,173 annualized labor costs. listing of the contents of the docket, and malfunction in the operation of an Changes in the Estimates: There is no to access those documents in the docket affected facility, or any period during change of hours in the total estimated that are available electronically. Once in which the monitoring system is burden currently identified in the OMB the system, select ‘‘docket search,’’ then inoperative. The owners or operators Inventory of Approved ICR Burdens. It key in the docket ID number identified must install, calibrate, maintain, and is determined that the number of above. Please note that EPA’s policy is operate a monitoring device which respondents subject to the rules that public comments, whether continuously measures and addressed by this ICR is 13, with no submitted electronically or in paper, permanently records the total pressure additional new sources expected over will be made available for public drop across the scrubbing system. the three-year period of this ICR. viewing at http://www.regulations.gov, Semiannual reports are required. The Dated: October 10, 2006. as EPA receives them and without owner or operator subject to the Oscar Morales, change, unless the comment contains provisions of this part shall maintain a Director, Collection Strategies Division. copyrighted material, Confidential file of these measurements, and retain [FR Doc. E6–17447 Filed 10–18–06; 8:45 am] Business Information (CBI), or other the file for at least two years following BILLING CODE 6560–50–P information whose public disclosure is the date of such measurements. restricted by statute. For further Responses to the collection of information about the electronic docket, information are mandatory and are ENVIRONMENTAL PROTECTION go to http://www.regulations.gov. being collected to assure compliance AGENCY Title: NSPS for the Phosphate with 40 CFR part 60, subparts T, U, V, Fertilizer Industry (Renewal). W, and X. These notifications, reports [EPA–HQ–OECA–2006–0427; FRL–8232–5] ICR Numbers: EPA ICR Number and records are essential in determining Agency Information Collection 1061.10; OMB Control Number 2060– compliance. Activities: Submission to OMB for 0037. An agency may not conduct or Review and Approval; Comment ICR Status: This is a request to renew sponsor, and a person is not required to Request: Federal Emissions an existing approved collection that is respond to, a collection of information Guidelines for Existing Municipal Solid scheduled to expire on November 30, unless it displays a currently valid OMB Waste Landfills (Small) (Renewal); EPA 2006. Under OMB regulations, the control number. The OMB control ICR Number 1893.04, OMB Control Agency may continue to conduct or numbers for EPA’s regulations are listed Number 2060–0430 sponsor the collection of information in 40 CFR part 9 and 48 CFR chapter 15, while this submission is pending at and are identified on the form and/or AGENCY: Environmental Protection OMB. An Agency may not conduct or instrument, if applicable. Agency

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ACTION: Notice. EPA has established a public docket under section 111 of the Clean Air Act, for this ICR under docket ID number as amended, to collect data. The SUMMARY: In compliance with the EPA–HQ–OECA–2006–0427, which is information will be used by Agency Paperwork Reduction Act (44 U.S.C. available for online viewing at http:// enforcement personnel to (1) identify 3501 et seq.), this document announces www.regulations.gov, in person viewing existing sources subject to these that an Information Collection Request at the Enforcement and Compliance standards; (2) ensure that Best (ICR) has been forwarded to the Office Docket in the EPA Docket Center (EPA/ Demonstrated Technology is being of Management and Budget (OMB) for DC), EPA West, Room B102, 1301 properly applied; and (3) ensure that the review and approval. This is a request Constitution Avenue, NW., Washington, emission control devise is being to renew an existing collection. The ICR, DC. The EPA/DC Public Reading Room properly operated and maintained on a which is abstracted below, describes the is open from 8:30 a.m. to 4:30 p.m., continuous basis. In addition, records nature of the information collection and Monday through Friday, excluding legal and reports are necessary to enable the its expected burden and cost. holidays. The telephone number for the EPA to identify landfills that may not be DATES: Additional comments may be Reading Room is (202) 566–1744, and in compliance with these standards. submitted on or before November 20, the telephone number for the Based on reported information, the EPA 2006. Enforcement and Compliance Docket is can decide which landfills should be ADDRESSES: Submit your comments, (202) 566–1927. inspected and what records or processes Use EPA’s electronic docket and referencing docket ID number EPA–HQ– should be inspected at the landfill. The comments system at http:// OECA–2006–0427, to (1) EPA online records that landfills maintain would www.regulations.gov to submit or view using www.regulations.gov (our indicate to the EPA whether the public comments, access the index preferred method) or by e-mail to personnel are operating and maintaining listing of the contents of the public control equipment properly. The type of [email protected], or by mail to: EPA docket, and to access those documents data required is principally emissions Docket Center (EPA/DC), Environmental in the public docket that are available data and would not be confidential. If Protection Agency, Enforcement and electronically. Once in the system, any information is submitted to the EPA Compliance Docket and Information select ‘‘docket search,’’ then key in the for which a claim of confidentiality is center, mail code 2201T, 1200 docket ID number identified above. made, the information would be Pennsylvania Avenue, NW., Please note that EPA’s policy that public safeguarded according to the Agency Washington, DC 20460, and (2) OMB by comments, whether submitted policies set forth in 40 CFR, chapter 1, mail to: Office of Information and electronically or in paper, will be made part 2, subpart B. Regulatory Affairs, Office of available for public viewing at http:// Burden Statement: The annual public Management and Budget (OMB), www.regulations.gov, as EPA receives reporting and record keeping burden for Attention Desk Officer for EPA, 725 them and without change, unless the this collection of information is 17th Street, NW., Washington, DC comment contains copyrighted material, estimated to average 72 hours per 20503. CBI, or other information whose public response. Burden means the total time, Note: The EPA Docket Center suffered disclosure is restricted by statute. For effort, or financial resources expended damage due to flooding during the last week further information about the electronic by persons to generate, maintain, retain, of June 2006. The Docket Center is docket, go to http:// or disclose or provide information to or continuing to operate. However, during the www.regulations.gov. for a Federal agency. This includes the cleanup, there will be temporary changes to Title: Federal Emissions Guidelines time needed to review instructions; Docket Center telephone numbers, addresses, for Existing Municipal Solid Waste and hours of operation for people who wish develop, acquire, install, and utilize to visit the Public Reading Room to view Landfills (Small) (Renewal). technology and systems for the purposes documents. Consult EPA’s Federal Register ICR Numbers: EPA ICR Number of collecting, validating, and verifying notice at 71 FR 38147 (July 5, 2006) or the 1893.04, OMB Control Number 2060– information, processing and EPA Web site at http://www.epa.gov/ 0430. maintaining information, and disclosing epahome/dockets.htm for current ICR Status: This ICR is scheduled to and providing information; adjust the information on docket status, locations and expire on November 30, 2006. Under the existing ways to comply with any telephone numbers. OMB regulations, the Agency may previously applicable instructions and continue to conduct or sponsor the FOR FURTHER INFORMATION CONTACT: For requirements which have subsequently collection of information while this questions about this ICR, contact Zofia changed; train personnel to respond to submission is pending at OMB. An Kosim, Air Enforcement Division, Office a collection of information; search data Agency may not conduct or sponsor, Civil Enforcement, Mail Code 2242A, sources; complete and review the and a person is not required to respond Environmental Protection Agency, 1200 collection of information; and transmit to, a collection of information unless it Pennsylvania Avenue, NW., or otherwise disclose the information. displays a currently valid OMB control Washington, DC 20460; phone number: Respondents/Affected Entities: Solid number. The OMB control number for (202) 564–8733; fax number: (202) 564– Waste Landfills. EPA’s regulations in title 40 of the CFR, 0068; e-mail address: Estimated Number of Respondents: after appearing in the Federal Register [email protected]. 173. when approved, are listed in 40 CFR Frequency of Response: Annually. SUPPLEMENTARY INFORMATION: EPA has part 9, are displayed either by Estimated Total Annual Hour Burden: submitted the following ICR to OMB for publication in the Federal Register or 12,456. review and approval according to the by other appropriate means, such as on Estimated Total Annual Cost: procedures prescribed in 5 CFR 1320.12. the related collection instrument or $242,000 for operating and maintenance On June 21, 2006 (71 FR 35652), EPA form, if applicable. The display of OMB costs. There are no capital/startup costs sought comments on this ICR pursuant control numbers in certain EPA associated with this ICR. to 5 CFR 1320.8(d). EPA received no regulations is consolidated in 40 CFR Changes in Estimates: There is an comments. Any additional comments on part 9. increase of 778 hours in the total this ICR should be submitted to EPA Abstract: The Environmental estimated burden currently identified in and OMB within 30 days of this notice. Protection Agency (EPA) is required the OMB Inventory of Approved ICR

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Burdens. This adjustment is due to a review and approval according to the the Federal Register or by other mathematical error. procedures prescribed in 5 CFR 1320.12. appropriate means, such as on the Dated: October 11, 2006. On June 22nd, 2006 (71 FR 35904), EPA related collection instrument or form, if sought comments on this ICR pursuant applicable. The display of OMB control Oscar Morales, to 5 CFR 1320.8(d). EPA received 1 numbers in certain EPA regulations is Director, Collection Strategies Division. comment during the comment period, consolidated in 40 CFR part 9. [FR Doc. E6–17448 Filed 10–18–06; 8:45 am] which is addressed in the ICR. Any Abstract: EPA’s National BILLING CODE 6560–50–P additional comments on this ICR should Environmental Performance Track is a be submitted to EPA and OMB within voluntary program that recognizes and 30 days of this notice. rewards private and public facilities that ENVIRONMENTAL PROTECTION EPA has established a public docket demonstrate top environmental AGENCY for this ICR under Docket ID No. EPA– performance beyond current [EPA–HQ–OA–2006–0513; FRL–8232–7] HQ–OA–2006–0513, which is available requirements. The program is based on for online viewing at the premise that government should Agency Information Collection www.regulations.gov, or in person complement existing programs with Activities: Request for Renewal of viewing at the Office of Environmental new tools and strategies that not only Information Collection for EPA’s Information Docket in the EPA Docket protect people and the environment, but National Environmental Performance Center (EPA/DC), EPA West, Room also capture opportunities for reducing Track Program (Renewal), EPA ICR No. B102, 1301 Constitution Ave., NW., cost and spurring technological 1949.05, OMB Control No. 2010–0032 Washington, DC. The EPA Docket innovation. Center Public Reading Room is open Performance Track is a facility based AGENCY: Environmental Protection from 8:30 a.m. to 4:30 p.m., Monday program (not company-wide) that Agency (EPA). through Friday, excluding legal solicits and receives applications and ACTION: Notice. holidays. The telephone number for the makes acceptance decisions twice per Reading Room is (202) 566–1744, and year from February through April, and SUMMARY: In compliance with the the telephone number for the Office of August through October. Applying Paperwork Reduction Act (44 U.S.C. Environmental Information Docket is facilities must meet four basic criteria: 3501 et seq.), this document announces (202) 566–1752. (1) A history of sustained compliance that an Information Collection Request Use EPA’s electronic docket and with environmental regulations; (2) an (ICR) has been forwarded to the Office comment system at Environmental Management System of Management and Budget (OMB) for www.regulations.gov, to submit or view (EMS) in place that has undergone an review and approval. This is a request public comments, access the index assessment by an independent third to renew an existing approved listing of the contents of the docket, and party; (3) past and future environmental collection. The ICR, which is abstracted to access those documents in the docket achievements, and a commitment to below, describes the nature of the that are available electronically. Once in quantified continuous environmental information collection and its estimated the system, select ‘‘docket search,’’ then improvement; and (4) public burden and cost. key in the docket ID number identified involvement and annual reporting. Once DATES: Additional comments may be above. Please note that EPA’s policy is accepted, members remain in the submitted on or before November 20, that public comments, whether program for three years, as long as they 2006. submitted electronically or in paper, continue to meet the program criteria. ADDRESSES: Submit your comments, will be made available for public After three years, they may apply to identified by Docket ID No. EPA–HQ– viewing at www.regulations.gov as EPA renew their membership through a OA–2006–0513 to: (1) EPA online using receives them and without change, streamlined application process. www.regulations.gov (our preferred unless the comment contains No confidential information is method), by e-mail to copyrighted material, CBI, or other requested in this notice. An agency may [email protected] or by mail to: EPA information whose public disclosure is not conduct or sponsor, and a person is Docket Center, Environmental restricted by statute. For further not required to respond to, a collection Protection Agency, Office of information about the electronic docket, of information unless it displays a Environmental Information Docket in go to www.regulations.gov. currently valid OMB control number. the EPA Docket Center (EPA/DC), 1200 Title: Information Collection Request The OMB control numbers for EPA’s Pennsylvania Ave., NW., Washington, for EPA’s National Environmental regulations are listed in 40 CFR part 9 DC 20460, and (2) OMB by mail to: Performance Track Program (Renewal). and 48 CFR chapter 15. Burden Statement: The annual public Office of Information and Regulatory ICR Numbers: EPA ICR No. 1949.05, reporting and recordkeeping burden for Affairs, Office of Management and OMB Control No. 2010–0032. ICR Status: This ICR is scheduled to this collection of information is Budget (OMB), Attention: Desk Officer expire on October 31, 2006. Under OMB estimated to average 16.4 hours per for EPA, 725 17th Street, NW., regulations, the Agency may continue to facility per year. This includes all Washington, DC 20503. conduct or sponsor the collection of applications, compliance screens, FOR FURTHER INFORMATION CONTACT: information while this submission is annual reporting, incentives Robert D. Sachs, Office of Policy, pending at OMB. An Agency may not participation, and site visits. EPA Economics and Innovation, Mail Code conduct or sponsor, and a person is not estimates that all facilities who 1807T, Environmental Protection required to respond to, a collection of voluntarily respond to this information Agency, 1200 Pennsylvania Ave., NW., information, unless it displays a collection by electing to participate in Washington, DC 20460; telephone currently valid OMB control number. the Performance Track program have number: (202) 566–2884; fax number: The OMB control numbers for EPA’s determined that the expected benefits of (202) 566–0966; e-mail address: regulations in title 40 of the CFR, after participation outweigh any burdens [email protected]. appearing in the Federal Register when associated with preparing the response. SUPPLEMENTARY INFORMATION: EPA has approved, are listed in 40 CFR part 9, Burden means the total time, effort, or submitted the following ICR to OMB for are displayed either by publication in financial resources expended by persons

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to generate, maintain, retain, or disclose Environmental Council, Valley Watch, preconstruction permit reviews for coal- or provide information to or for a Inc., and Sierra Club (collectively fired electric generating facilities under Federal agency. This includes the time ‘‘Petitioners’’) in the United States Court the New Source Review program. Under needed to review instructions; develop, of Appeal for the District of Columbia this program, construction and acquire, install, and utilize technology Circuit: Natural Resources Defense modification of major sources of air and systems for the purposes of Council v. EPA, No. 06–1059 pollution are required to meet emissions collecting, validating, and verifying (consolidated with Nos. 06–1062 and limitations based on either Best information, processing and 06–1063) (DC Cir.). Petitioners Available Control Technology (BACT) maintaining information, and disclosing requested judicial review of a December or the Lowest Achievable Emissions and providing information; adjust the 13, 2005 letter sent by the Director of Rate (LAER), depending on whether the existing ways to comply with any EPA’s Office of Air Quality Planning area in which the source is located is previously applicable instructions and and Standards in response to an inquiry meeting the National Ambient Air requirements which have subsequently from an environmental consulting firm Quality Standards (NAAQS). 42 U.S.C. changed; train personnel to be able to concerning how to address Integrated 7475(a)(4); 42 U.S.C. 7503(a)(1). In the respond to a collection of information; Gasification Combined Cycle (IGCC) letter, EPA expressed the view that the search data sources; complete and technology in preconstruction permit IGCC technology need not be evaluated review the collection of information; reviews for coal-fired electric generating in the BACT or LAER review for a and transmit or otherwise disclose the facilities under the New Source Review supercritical pulverized coal power information. program. facility based on fundamental Respondents/Affected Entities: DATES: Written comments on the differences between the IGCC and Performance track member facilities and proposed settlement agreement must be supercritical pulverized coal States. received by November 20, 2006. technologies. Petitioners requested Estimated Number of Respondents: ADDRESSES: Submit your comments, judicial review of the letter. 476. identified by Docket ID number EPA– The proposed settlement agreement Frequency of Response: Annually, HQ–OGC–2006–0813, online at http:// and related correspondence are triennially, and biennially. www.regulations.gov (EPA’s preferred available for review in the docket Estimated Total Annual Hour Burden: method); by e-mail to described above. For a period of thirty 7,750. [email protected]; mailed to EPA (30) days following the date of Estimated Total Annual Cost: Docket Center, Environmental publication of this notice, the Agency $514,521, which includes $0 capital and Protection Agency, Mailcode: 2822T, will receive written comments relating O&M costs. 1200 Pennsylvania Ave., NW., to the proposed settlement agreement Changes in the Estimates: There is a Washington, DC 20460–0001; or by from persons who were not named as decrease of 105,689 annual hours in the hand delivery or courier to EPA Docket parties or intervenors to the litigation in total estimated burden currently Center, EPA West, Room 6146F, 1301 question. EPA or the Department of identified in the OMB Inventory of Constitution Ave., NW., Washington, Justice may withdraw or withhold Approved ICR Burdens. This decrease is DC, between 8:30 a.m. and 4:30 p.m. consent to the proposed settlement due to an adjustment to the estimated Monday through Friday, excluding legal agreement if the comments disclose program participation burden. holidays. Comments on a disk or CD– facts or considerations that indicate that Dated: October 11, 2006. ROM should be formatted in Word or such consent is inappropriate, Oscar Morales, ASCII file, avoiding the use of special improper, inadequate, or inconsistent Director, Collection Strategies Division. characters and any form of encryption, with the requirements of the Act. Unless [FR Doc. E6–17449 Filed 10–18–06; 8:45 am] and may be mailed to the mailing EPA or the Department of Justice BILLING CODE 6560–50–P address above. determines, based on any comment As of September 22, 2006, the EPA which may be submitted, that consent to Docket Center (EPA/DC) Public Reading the settlement agreement should be ENVIRONMENTAL PROTECTION Room will be temporarily inaccessible withdrawn, the terms of the agreement AGENCY to the public until November 6, 2006. will be affirmed. Public access to docket materials will [FRL–8232–4] still be provided by appointment. II. Additional Information About FOR FURTHER INFORMATION CONTACT: Commenting on the Proposed Proposed Settlement Agreement, Settlement Clean Air Act Citizen Suit Brian Doster, Air and Radiation Law Office (2344A), Office of General A. How Can I Get a Copy of the AGENCY: Environmental Protection Counsel, U.S. Environmental Protection Settlement? Agency (EPA). Agency, 1200 Pennsylvania Ave., NW., ACTION: Notice of Proposed Settlement Washington, DC 20460; telephone: (202) The official public docket for this Agreement; Request for Public 564–1932; fax number (202) 564–5603; action (identified by Docket ID No. Comment. e-mail address: [email protected]. EPA–HQ–OGC–2006–0813) contains a SUPPLEMENTARY INFORMATION: copy of the settlement. An electronic SUMMARY: In accordance with section version of the public docket is available 113(g) of the Clean Air Act, as amended I. Additional Information About the through http://www.regulations.gov. (‘‘Act’’), 42 U.S.C. 7413(g), notice is Proposed Settlement You may use the http:// hereby given of a proposed settlement On December 13, 2005, the Director of www.regulations.gov to submit or view agreement, to address a lawsuit filed by the EPA Office of Air Quality Planning public comments, access the index Natural Resources Defense Council, and Standards responded by letter to an listing of the contents of the official Environmental Defense, Montana inquiry from an environmental public docket, and to access those Environmental Information Center, consulting firm concerning the documents in the public docket that are American Lung Association of treatment of Integrated Gasification available electronically. Once in the Metropolitan Chicago, Ohio Combined Cycle (IGCC) technology in system, select ‘‘search,’’ then key in the

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appropriate docket identification public docket, and made available in burden estimate; (c) ways to enhance number. EPA’s electronic public docket. the quality, utility, and clarity of the As of September 22, 2006, the EPA It is important to note that EPA’s information collected; and (d) ways to Docket Center (EPA/DC) Public Reading policy is that public comments, whether minimize the burden of the collection of Room will be temporarily inaccessible submitted electronically or in paper, information on the respondents, to the public until November 6, 2006. will be made available for public including the use of automated Public access to docket materials will viewing online at http:// collection techniques or other forms of still be provided. The official public www.regulations.gov without change, information technology. docket is available for public viewing by unless the comment contains DATES: Written Paperwork Reduction appointment only during this period. copyrighted material, CBI, or other Act (PRA) comments should be Appointments may be made by calling information whose disclosure is submitted on or before November 20, (202) 566–1744 or by e-mail to restricted by statute. Information 2006. If you anticipate that you will be [email protected]. The telephone claimed as CBI and other information submitting PRA comments, but find it number for the OEI Docket is (202) 566– whose disclosure is restricted by statute difficult to do so within the period of 1752. is not included in the official public time allowed by this notice, you should B. How and to Whom Do I Submit docket or in the electronic public advise the contact listed below as soon Comments? docket. EPA’s policy is that copyrighted as possible. material, including copyrighted material ADDRESSES: Direct all Paperwork Direct your comments to the official contained in a public comment, will not public docket for this action under Reduction Act (PRA) comments to be placed in EPA’s electronic public Leslie F. Smith, Federal Docket ID No. EPA–HQ–OGC–2006– docket but will be available only in 0813. You may submit comments as Communications Commission, Room 1– printed, paper form in the official public C216, 445 12th Street, SW., Washington, provided in the ADDRESSES section. docket. Although not all docket Please ensure that your comments are DC 20554 or via the Internet to materials may be available [email protected] or Allison E. submitted within the specified comment electronically, you may still access any period. Comments received after the Zaleski, Office of Management and of the publicly available docket Budget (OMB), Room 10236 NEOB, close of the comment period will be materials through the EPA Docket marked ‘‘late.’’ EPA is not required to Washington, DC 20503, (202) 395–6466 Center. consider these late comments. or via the Internet at If you submit an electronic comment, Dated: October 12, 2006. [email protected]. EPA recommends that you include your Richard B. Ossias, If you would like to obtain or view a name, mailing address, and an e-mail Associate General Counsel. copy of this revised information address or other contact information in [FR Doc. E6–17430 Filed 10–18–06; 8:45 am] collection, you may do so by visiting the the body of your comment and with any BILLING CODE 6560–50–P FCC PRA Web page at: http:// disk or CD ROM you submit. This www.fcc.gov/omd/pra. ensures that you can be identified as the FOR FURTHER INFORMATION CONTACT: For submitter of the comment and allows FEDERAL COMMUNICATIONS additional information or copies of the EPA to contact you in case EPA cannot COMMISSION information collection(s), contact Leslie read your comment due to technical F. Smith at (202) 418–0217 or via the difficulties or needs further information Notice of Public Information Internet at [email protected]. on the substance of your comment. Any Collection(s) Being Submitted for SUPPLEMENTARY INFORMATION: identifying or contact information Review to the Office of Management OMB Control Number: 3060–0809. provided in the body of a comment will and Budget Title: Communications Assistance for be included as part of the comment that Law Enforcement Act (CALEA) and is placed in the official public docket, October 13, 2006. Broadband Access and Services, FCC and made available in EPA’s electronic SUMMARY: The Federal Communications Form 445. public docket. If EPA cannot read your Commission, as required by the Form Number: FCC 445. comment due to technical difficulties Paperwork Reduction Act (PRA) of Type of Review: Revision of a and cannot contact you for clarification, 1995, Public Law 104–13, and as part of currently approved collection. EPA may not be able to consider your its continuing effort to reduce Respondents: Business or other for comment. paperwork burden, invites the general profit entities. Use of the http://www.regulations.gov public and other Federal agencies to Number of Respondents: 5,920. Web site to submit comments to EPA take this opportunity to comment on the Estimated Time per Response: 1–80 electronically is EPA’s preferred method following information collection(s). An hours. for receiving comments. The electronic agency may not conduct or sponsor a Frequency of Response: public docket system is an ‘‘anonymous collection of information unless it Recordkeeping; On occasion reporting access’’ system, which means EPA will displays a currently valid control requirements; and Third party not know your identity, e-mail address, number. No person shall be subject to disclosure. or other contact information unless you any penalty for failing to comply with Total Annual Burden: 75,835 hours. provide it in the body of your comment. a collection of information subject to the Total Annual Costs: N/A. In contrast to EPA’s electronic public Paperwork Reduction Act (PRA) that Privacy Impact Assessment: No docket, EPA’s electronic mail (e-mail) does not display a valid control number. impact(s). system is not an ‘‘anonymous access’’ Comments are requested concerning (a) Needs and Uses: The system. If you send an e-mail comment whether the proposed collection of Communications Assistance for Law directly to the Docket without going information is necessary for the proper Enforcement Act (CALEA) requires the through http://www.regulations.gov, performance of the functions of the Commission to create rules that regulate your e-mail address is automatically Commission, including whether the the conduct and recordkeeping of lawful captured and included as part of the information shall have practical utility; electronic surveillance. CALEA was comment that is placed in the official (b) the accuracy of the Commission’s enacted in October 1994 to respond to

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rapid advances in telecommunications 107(c) extension petition currently on difficult to do so within the period of technology and eliminates obstacles file to submit to the Commission a letter time allowed by this notice, you should faced by law enforcement personnel in documenting that the carrier’s advise the contact listed below as soon conducting electronic surveillance. equipment, facility or service qualifies as possible. Section 105 of CALEA requires for section 107(c) relief under the ADDRESSES: Direct all Paperwork telecommunications carriers to protect October 25, 1998, cutoff for such relief. Reduction Act (PRA) comments to against the unlawful interception of (e) The revised collection also Judith B. Herman, Federal communications passing through their requires all carriers providing facilities Communications Commission, Room 1– systems. Law enforcement officials use based broadband Internet access or B441, 445 12th Street, SW., DC 20554 or the information maintained by interconnected VOIP services to file via the Internet to [email protected]. If you telecommunications carriers to monitoring reports on FCC Form 445, would like to obtain or view a copy of determine the accountability and ‘‘CALEA Monitoring Report for this information collection, you may do accuracy of telecommunications Broadband and VOIP Service,’’ with the so by visiting the FCC PRA Web page at: carriers’ compliance with lawful Commission to ensure timely CALEA http://www.fcc.gov/omd/pra. electronic surveillance orders. compliance. FOR FURTHER INFORMATION CONTACT: On May 12, 2006, the Commission For Federal Communications Commission. released a Second Report and Order and additional information or copies of the Memorandum Opinion and Order in ET Marlene H. Dortch, information collection(s), send an e-mail Docket No. 04–295, FCC 06–56, which Secretary. to [email protected] or contact Judith B. became effective August 4, 2006, except [FR Doc. E6–17509 Filed 10–18–06; 8:45 am] Herman at 202–418–0214. for §§ 1.20004 and 1.2005 of the BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: Commission’s rules, which require OMB OMB Control No.: 3060–0719. approval. The Second Report and Order Title: Quarterly Report of IntraLATA established new guidelines for filing FEDERAL COMMUNICATIONS Carriers Listing Payphone Automatic section 107(c) petitions, section 109(b) COMMISSION Number Identifications (ANIs). petitions, and monitoring reports (FCC Form No.: N/A. Form 445). CALEA section 107(c)(1) Notice of Public Information Type of Review: Extension of a permits a petitioner to apply for an Collection(s) Being Submitted for currently approved collection. extension of time, up to two years from Review to the Office of Management Respondents: Business or other for- the date that the petition is filed, and to and Budget profit. come into compliance with a particular Number of Respondents: 400 October 13, 2006. respondents; 1,600 responses. CALEA section 103 capability SUMMARY: The Federal Communications requirement. CALEA section 109(b) Estimated Time Per Response: 3.5 Commission, as part of its continuing hours. permits a telecommunication carrier effort to reduce paperwork burden covered by CALEA to file a petition Frequency of Response: Quarterly invites the general public and other reporting requirement, recordkeeping with the FCC and an application with Federal agencies to take this the Department of Justice (DOJ) to requirement and third party disclosure opportunity to comment on the requirement. request that DOJ pay the costs of the following information collection(s), as carrier’s CALEA compliance (cost- Total Annual Burden: 5,600 hours. required by the Paperwork Reduction shifting relief) with respect to any Total Annual Cost: N/A. Act (PRA) of 1995, Public Law 104–13. equipment, facility or service installed Privacy Act Impact Assessment: N/A. An agency may not conduct or sponsor or deployed after January 1, 1995. The Needs and Uses: This collection will a collection of information unless it Second Report and Order required be submitted as an extension to the displays a currently valid control several different collections of Office of Management and Budget number. No person shall be subject to information: (OMB) in order to obtain the full three (a) Within 90 days of the effective any penalty for failing to comply with year clearance. date of the Second Report and Order, a collection of information subject to the Pursuant to the mandate in Section facilities based broadband Internet Paperwork Reduction Act (PRA) that 276(b)(1)(A) to ‘‘establish a per call access and interconnected Voice over does not display a valid control number. compensation plan to ensure that all Interconnected Protocol (VOIP) Comments are requested concerning (a) payphone service providers are fairly providers newly identified in the First whether the proposed collection of compensated for each and every Report and Order in this proceeding information is necessary for the proper completed intrastate and interstate will be required to file system security performance of the functions of the call’’. IntraLATA carriers are required to statements under the Commission’s Commission, including whether the provide to interexchange carriers (IXCs) rules. (Security systems are currently information shall have practical utility; a quarterly report listing payphone by approved under the existing OMB 3060– (b) the accuracy of the Commission’s Automatic Number Identification 0809 information collection). burden estimate; (c) ways to enhance (ANIs). (b) Petitions filed under Section the quality, utility, and clarity of the Without provision of this report, 107(c), request for additional time to information collected; and (d) ways to resolution of disputed ANIs would be comply with CALEA; these provisions minimize the burden of the collection of rendered very difficult. IXCs would not apply to all carriers subject to CALEA information on the respondents, be able to discern which ANIs pertain and are voluntary filings. including the use of automated to payphones and therefore would not (c) Section 109(b), request for collection techniques or other forms of be able to ascertain which dial-around reimbursement of CALEA, would be information technology. calls were originated by payphones for modified; these provisions apply to all DATES: Written Paperwork Reduction compensation purposes. There would be carriers subject to CALEA and are Act (PRA) comments should be no way to guard against possible fraud. voluntary filings. submitted on or before November 20, Without this reporting requirement, (d) The revised collection requires 2006. If you anticipate that you will be lengthy investigations would be each carrier that has a CALEA section submitting PRA comments, but find it necessary to verify claims. The quarterly

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report allows IXCs to determine which reference WC Docket No. 05–68. Filings notice advises interested persons of the dial-around calls are made from can be sent by hand or messenger final meeting of the Technological payphones. The data which must be delivery, by commercial overnight Advisory Council (‘‘Council’’) under its maintained for at least 18 months after courier, or by first-class or overnight charter renewed as of November 19, the close of a compensation period, will U.S. Postal Service mail (although we 2004. facilitate verification of disputed ANIs. continue to experience delays in DATES: October 25, 2006 at 10 a.m. to 3 Federal Communications Commission. receiving U.S. Postal Service mail). The p.m. Marlene H. Dortch, Commission’s contractor, Natek, Inc., will receive hand-delivered or ADDRESSES: Federal Communications Secretary. messenger-delivered paper filings for Commission, 445 12th Street, SW., [FR Doc. E6–17511 Filed 10–18–06; 8:45 am] the Commission’s Secretary at 236 Commission Meeting Room (TW–C305), BILLING CODE 6712–01–P Massachusetts Avenue, NE., Suite 110, Washington, DC. Washington, DC 20002. FOR FURTHER INFORMATION CONTACT: The filing hours at this location are 8 Jeffery Goldthorp, (202) 418–1096 FEDERAL COMMUNICATIONS (voice), (202) 418–2989 (TTY), or e-mail: COMMISSION a.m. to 7 p.m. All hand deliveries must be held [email protected]. [WC Docket No. 05–68; DA 06–1948] together with rubber bands or SUPPLEMENTARY INFORMATION: Increasing fasteners. innovation and rapid advances in Pleading Cycle Established for Any envelopes must be disposed of technology have accelerated changes in Petitions for Reconsideration and/or before entering the building. the ways that telecommunications for Clarification of the Prepaid Calling Commercial overnight mail (other than services are provided to, and accessed Card Order U.S. Postal Service Express Mail and by, users of communications services. The Federal Communications AGENCY: Federal Communications Priority Mail) must be sent to 9300 Commission must remain abreast of new Commission. East Hampton Drive, Capitol Heights, MD 20743. developments in technologies and ACTION: Notice. U.S. Postal Service first-class mail, related communications to fulfill its SUMMARY: On September 28, 2006 the Express Mail, and Priority Mail responsibilities under the Commission released a Public Notice should be addressed to 445 12th Communications Act. At this fifth and seeking comment on Arizona Dialtone Street, SW., Washington, DC 20554. last meeting under the Council’s new Inc.’s petition for declaratory ruling and All filings must be addressed to the charter, the agenda topic will be: IDT Telecom, Inc.’s petition for Commission’s Secretary, Marlene H. Broadband Access Technologies and clarification or, in the alternative, for Dortch, Office of the Secretary, Federal Services. reconsideration of the Commission’s Communications Commission, Room The Federal Communications Prepaid Calling Card Order. TW–A325, 445 12th Street, SW., Commission will attempt to Washington, DC 20554. Parties should accommodate as many persons as DATES: Interested parties may file possible. Admittance, however, will be comments on or before October 12, 2006 also send a copy of their filings to Lynne Hewitt Engledow, Pricing Policy limited to the seating available. Unless and reply comments on or before so requested by the Council’s Chair, October 23, 2006. Division, Wireline Competition Bureau, Federal Communications Commission, there will be no public oral ADDRESSES: Comments should be Room 5–A361, 445 12th Street, SW., participation, but the public may submit mailed to the Commission’s Secretary Washington, DC 20554, or by e-mail to written comments to Jeffery Goldthorp, through the Commission’s contractor, [email protected]. Parties shall the Federal Communications Natek, Inc., at 236 Massachusetts also serve one copy with the Commission’s Designated Federal Avenue, NE., Suite 110, Washington, DC Commission’s copy contractor, Best Officer for the Technological Advisory 20002. Copy and Printing, Inc. (BCPI), Portals Council, before the meeting. Mr. FOR FURTHER INFORMATION CONTACT: II, 445 12th Street, SW., Room CY–B402, Goldthorp’s e-mail address is Lynne Hewitt Engledow, Wireline Washington, DC 20554, (202) 488–5300, [email protected]. Mail delivery Competition Bureau, Pricing Policy or via e-mail to [email protected]. address is: Federal Communications Division, (202) 418–1520. Commission, 445 12th Street, SW., Authority: 47 U.S.C. 152, 154, 155, 303; 47 SUPPLEMENTARY INFORMATION: On August CFR 0.291, 1.749. Room 7–A325, Washington, DC 20554. 31, 2006, Arizona Dialtone Inc. filed a Federal Communications Commission. Federal Communications Commission. petition for reconsideration of the Marlene H. Dortch, Thomas J. Navin, Commission’s Prepaid Calling Card Secretary. Chief, Wireline Competition Bureau. Order. On September 1, 2006, IDT [FR Doc. E6–17510 Filed 10–18–06; 8:45 am] Telecom, Inc. filed a petition for [FR Doc. E6–17513 Filed 10–18–06; 8:45 am] BILLING CODE 6712–01–P clarification or, in the alternative, for BILLING CODE 6712–01–P reconsideration of the Prepaid Calling Card Order. On September 28, 2006 the Commission released a Public Notice FEDERAL COMMUNICATIONS FEDERAL DEPOSIT INSURANCE establishing a pleading cycle for COMMISSION CORPORATION comments and reply comments on the Technological Advisory Council No FEAR Act Notice two petitions. Interested parties may file comments on or before October 12, 2006 AGENCY: Federal Communications AGENCY: Federal Deposit Insurance and reply comments on or before Commission. Corporation (FDIC). October 23, 2006. ACTION: Notice of public meeting. ACTION: Notice. Parties filing comments on these petitions must file an original and four SUMMARY: In accordance with the SUMMARY: FDIC is publishing notice to copies of each filing. The filings should Federal Advisory Committee Act, this inform its employees, former

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employees, and applicants for the case of a personnel action, within 45 IV. Retaliation for Engaging in employment about their rights and calendar days of the effective date of the Protected Activity remedies under the Antidiscrimination action, before you can file a formal Laws and Whistleblower Protection complaint of discrimination with the A Federal agency, including the FDIC, cannot retaliate against an employee, Laws applicable to them. Pursuant to FDIC. See, e.g., 29 CFR part 1614. If you former employee, or an applicant for Title II of the Notification and Federal believe that you have been the victim of employment because that individual Employee Antidiscrimination and unlawful discrimination based on age Retaliation Act, the Office of Personnel exercises his or her rights under any of (age 40 and over), you must either the Federal antidiscrimination or Management promulgated a final rule in contact an EEO counselor as noted 5 CFR part 724 (71 FR 41095 (July 20, whistleblower protection laws listed above or give notice of intent to sue to above. If you believe that you are the 2006)), requiring Federal agencies to the U.S. Equal Employment provide such notice. victim of retaliation for engaging in Opportunity Commission (EEOC) within protected activity, you must follow, as DATES: Effective immediately. 180 calendar days of the alleged appropriate, the procedures described in FOR FURTHER INFORMATION CONTACT: discriminatory action. If you are alleging the Antidiscrimination Laws and Vincent L. Johnson, Deputy Director, discrimination based on marital status Whistleblower Protection Laws sections Office of Diversity and Economic or political affiliation, you may file a or, if applicable, the FDIC’s Opportunity, Federal Deposit Insurance written complaint with the U.S. Office administrative or negotiated grievance Corporation, (703) 562–6092. of Special Counsel (OSC) (see contact procedures in order to pursue any legal I. Background information below). In the alternative, a remedy. bargaining unit employee may pursue a On May 15, 2002, Congress enacted V. Disciplinary Actions discrimination complaint by filing a the ‘‘Notification and Federal Employee grievance under the FDIC–NTEU Antidiscrimination and Retaliation Act Under the existing laws, each agency, of 2002,’’ which is now known as the collective bargaining agreement. including the FDIC, retains the right, where appropriate, to discipline a No FEAR Act. One purpose of the Act III. Whistleblower Protection Laws is to ‘‘require that Federal agencies be Federal employee for conduct that is accountable for violations of A Federal employee, including an inconsistent with Federal antidiscrimination and whistleblower FDIC employee, with authority to take, Antidiscrimination and Whistleblower protection laws’’ (Pub. L. 107–174, direct others to take, recommend or Protection Laws up to and including Summary). In support of this purpose, approve any personnel action must not removal. If OSC has initiated an investigation under 5 U.S.C. 1214, Congress found that ‘‘agencies cannot be use that authority to take or fail to take, however, according to 5 U.S.C. 1214 (f), run effectively if those agencies practice or threaten to take or fail to take, a agencies, including the FDIC, must seek or tolerate discrimination’’ (Pub. L. 107– personnel action against an employee or 174, Title I, General Provisions, section approval from the Special Counsel to applicant because of disclosure of discipline employees for, among other 101(1)). information by that individual that is The Act also requires this agency to activities, engaging in prohibited reasonably believed to evidence retaliation. Nothing in the No FEAR Act provide this notice to Federal violation of law, rule or regulation; gross employees, former Federal employees alters existing laws or permits an mismanagement; gross waste of funds; agency, including the FDIC, to take and applicants for Federal employment an abuse of authority; or a substantial to inform you of the rights and unfounded disciplinary action against a and specific danger to public health or Federal employee or to violate the protections available to you under safety, unless disclosure of such Federal antidiscrimination and procedural rights of a Federal employee information is specifically prohibited by whistleblower protection laws. who has been accused of law and such information is specifically discrimination. II. Antidiscrimination Laws required by Executive Order to be kept VI. Additional Information A Federal agency, including the FDIC, secret in the interest of national defense cannot discriminate against an or the conduct of foreign affairs. For further information regarding the employee or an applicant for Retaliation against an employee, No FEAR Act regulations, refer to 5 CFR employment with respect to the terms, former employee, or an applicant for part 724, as well as the FDIC’s Office of conditions, or privileges of employment employment for making a protected Diversity and Economic Opportunity, on the basis of race, color, religion, sex, disclosure is prohibited by 5 U.S.C. the Human Resources Branch in the national origin, age, disability, marital 2302(b)(8). Additionally, FDIC Division of Administration, and the status or political affiliation. employees are protected from reprisal Legal Division. Additional information regarding Federal antidiscrimination, Discrimination on these bases is for whistleblowing activities under 12 whistleblower protection and retaliation prohibited by one or more of the U.S.C. 1831j. The Inspector General Act laws can be found at the EEOC Web following statutes: 5 U.S.C. 2302(b)(1), (5 U.S.C. Appendix 3, section 7) site—http://www.eeoc.gov and the OSC 29 U.S.C. 206(d), 29 U.S.C. 631, 29 prohibits reprisal against any employee U.S.C. 633a, 29 U.S.C. 791, and 42 Web site—http://www.osc.gov. for making a complaint or disclosing U.S.C. 2000e–16. information to an Inspector General. If VII. Existing Rights Unchanged If you believe you have been the you believe that you have been a victim victim of unlawful discrimination on Pursuant to section 205 of the No the basis of race, color, religion, sex, of whistleblower retaliation, you may FEAR Act, neither the Act nor this national origin or disability, you must file a written complaint (Form OSC–11) notice creates, expands or reduces any contact an Equal Employment with the U.S. Office of Special Counsel rights otherwise available to any Opportunity (EEO) counselor in the (OCS) at 1730 M Street NW, Suite 218, employee, former employee or applicant FDIC’s Office of Diversity and Economic Washington, DC 20036–4505 or online for employment under the laws of the Opportunity within 45 calendar days of through the OSC Web site—http:// United States, including the provisions the alleged discriminatory action, or, in www.osc.gov. of law specified in 5 U.S.C. 2302(d).

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Dated at Washington, DC, this 13th day of B. Federal Reserve Bank of express their views in writing on the October, 2006. Richmond (A. Linwood Gill, III, Vice question whether the proposal complies Federal Deposit Insurance Corporation. President) 701 East Byrd Street, with the standards of section 4 of the Robert E. Feldman, Richmond, Virginia 23261-4528: BHC Act. Additional information on all Executive Secretary. 1. Palmetto State Bankshares, Inc., bank holding companies may be [FR Doc. E6–17388 Filed 10–18–06; 8:45 am] Hampton, South Carolina; to acquire obtained from the National Information 100 percent of the voting shares of The Center website at www.ffiec.gov/nic/. BILLING CODE 6714–01–P Exchange Bankshares, Inc., Estill, South Unless otherwise noted, comments Carolina, and thereby indirectly acquire regarding the applications must be The Exchange Bank, Estill, South received at the Reserve Bank indicated FEDERAL RESERVE SYSTEM Carolina. or the offices of the Board of Governors Formations of, Acquisitions by, and In connection with this application, not later than November 13, 2006. Mergers of Bank Holding Companies Applicant also has applied to acquire A. Federal Reserve Bank of Chicago 100 percent of the voting shares of (Patrick M. Wilder, Assistant Vice The companies listed in this notice Carolina Commercial Bank, Allendale, President) 230 South LaSalle Street, have applied to the Board for approval, South Carolina. Chicago, Illinois 60690-1414: pursuant to the Bank Holding Company C. Federal Reserve Bank of Atlanta 1. First Internet Bancorp, Act of 1956 (12 U.S.C. 1841 et seq.) (Andre Anderson, Vice President) 1000 Indianapolis, Indiana; to acquire (BHC Act), Regulation Y (12 CFR Part Peachtree Street, N.E., Atlanta, Georgia Landmark Financial Corporation, 225), and all other applicable statutes 30309: Indianapolis, Indiana, and thereby and regulations to become a bank 1. Atlantic Southern Financial Group, indirectly acquire Landmark Savings holding company and/or to acquire the Inc., Macon, Georgia; to merge with Bank, Indianapolis, Indiana, and assets or the ownership of, control of, or Sapelo Bancshares, Inc., Darien, Landmark Mortgage Company, the power to vote shares of a bank or Georgia, and thereby indirectly acquire Indianapolis, Indiana, and thereby bank holding company and all of the Sapelo National Bank, Darien, Georgia. engage in the operation of a savings banks and nonbanking companies 2. Embassy Bancshares, Inc., association and lending activities, owned by the bank holding company, Snellville, Georgia; to become a bank pursuant to sections 225.28(b)(1) and including the companies listed below. holding company by acquiring 100 (b)(4)(ii) of Regulation Y. The applications listed below, as well percent of the voting shares of Embassy B. Federal Reserve Bank of Kansas as other related filings required by the National Bank, Lawrenceville, Georgia City (Donna J. Ward, Assistant Vice Board, are available for immediate (in organization). President) 925 Grand Avenue, Kansas inspection at the Federal Reserve Bank Board of Governors of the Federal Reserve City, Missouri 64198-0001: indicated. The application also will be System, October 13, 2006. 1. Peoples, Inc., Colorado Springs, available for inspection at the offices of Robert deV. Frierson, Colorado; to engage indirectly de novo the Board of Governors. Interested Deputy Secretary of the Board. through its acquisition of 60 percent of persons may express their views in the voting shares of Oread Mortgage, [FR Doc. E6–17372 Filed 10–18–06; 8:45 am] writing on the standards enumerated in L.L.C., Lawrence, Kansas, in mortgage the BHC Act (12 U.S.C. 1842(c)). If the BILLING CODE 6210–01–S lending activities, pursuant to section proposal also involves the acquisition of 225.28(b)(1) of Regulation Y. Comments a nonbanking company, the review also FEDERAL RESERVE SYSTEM regarding this application must be includes whether the acquisition of the received by November 2, 2006. nonbanking company complies with the Notice of Proposals to Engage in Board of Governors of the Federal Reserve standards in section 4 of the BHC Act Permissible Nonbanking Activities or System, October 13, 2006. (12 U.S.C. 1843). Unless otherwise to Acquire Companies that are Robert deV. Frierson, noted, nonbanking activities will be Engaged in Permissible Nonbanking Deputy Secretary of the Board. conducted throughout the United States. Activities [FR Doc. E6–17371 Filed 10–18–06; 8:45 am] Additional information on all bank holding companies may be obtained The companies listed in this notice BILLING CODE 6210–01–S from the National Information Center have given notice under section 4 of the website at www.ffiec.gov/nic/. Bank Holding Company Act (12 U.S.C. Unless otherwise noted, comments 1843) (BHC Act) and Regulation Y (12 FEDERAL TRADE COMMISSION CFR Part 225) to engage de novo, or to regarding each of these applications Agency Information Collection must be received at the Reserve Bank acquire or control voting securities or assets of a company, including the Activities; Reinstatement of Existing indicated or the offices of the Board of Collection; Comment Request Governors not later than November 13, companies listed below, that engages 2006. either directly or through a subsidiary or AGENCY: Federal Trade Commission. A. Federal Reserve Bank of Boston other company, in a nonbanking activity ACTION: Notice and request for comment. (Richard Walker, Community Affairs that is listed in § 225.28 of Regulation Y Officer) P.O. Box 55882, Boston, (12 CFR 225.28) or that the Board has SUMMARY: The Federal Trade Massachusetts 02106-2204: determined by Order to be closely Commission (‘‘FTC’’ or ‘‘Commission’’) 1. Higher One Inc., New Haven, related to banking and permissible for intends to conduct a pilot study in Connecticut; to become a bank holding bank holding companies. Unless connection with Section 319 of the Fair company by acquiring 100 percent of otherwise noted, these activities will be and Accurate Credit Transactions Act of the voting shares of Higher One Bank, conducted throughout the United States. 2003, Pub. L. 108–159 (2003). This New Haven, Connecticut (in formation). Each notice is available for inspection study is a follow-up to the In connection with this application, at the Federal Reserve Bank indicated. Commission’s previous pilot study Applicant also has applied to engage in The notice also will be available for conducted from October 2005 through data processing activities, pursuant to inspection at the offices of the Board of June 2006. Before gathering this section 225.28(b)(14)(i) of Regulation Y. Governors. Interested persons may information, the FTC is seeking public

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comment on its proposed consumer public comments, whether filed in not rely on the selection of a nationally pilot study. Comments will be paper or electronic form, will be representative sample of consumers and considered before the FTC submits a considered by the Commission, and will statistical conclusions will not be request for Office of Management and be available to the public on the FTC drawn. Budget (‘‘OMB’’) review under the Web site, to the extent practicable, at Under the Paperwork Reduction Act Paperwork Reduction Act, 44 U.S.C. http://www.ftc.gov. As a matter of (‘‘PRA’’), 44 U.S.C. 3501–3520, Federal 3501–3520. discretion, the FTC makes every effort to agencies must obtain approval from DATES: Public comments must be remove home contact information for OMB for each collection of information received on or before December 18, individuals from public comments it they conduct or sponsor. ‘‘Collection of 2006. receives before placing those comments information’’ means agency requests or on the FTC Web site. More information, requirements that members of the public ADDRESSES: Interested parties are including routine uses permitted by the submit reports, keep records, or provide invited to submit written comments. Privacy Act, may be found in the FTC’s information to a third party. 44 U.S.C. Comments should refer to ‘‘Accuracy privacy policy, at http://www.ftc.gov/ 3502(3), 5 CFR 1320.3(c). As required by Pilot Study: Paperwork Comment (FTC ftc/privacy.htm. the PRA, 44 U.S.C. 3506(c)(2)(A), the file no. P044804)’’ to facilitate the FTC is providing this opportunity for organization of the comments. A FOR FURTHER INFORMATION CONTACT: public comment before requesting that comment filed in paper form should Peter Vander Nat, Economist, (202) 326– OMB reinstate the clearance for the pilot include this reference both in the text 3518, Federal Trade Commission, study, which expired in September and on the envelope and should be Bureau of Economics, 600 Pennsylvania Ave., NW., Washington, DC 20580. 2006.4 mailed or delivered, with two complete The FTC invites comment on: (1) copies, to the following address: Federal SUPPLEMENTARY INFORMATION: Section 319 of the Fair and Accurate Credit Whether the proposed collections of Trade Commission/Office of the information are necessary for the proper Secretary, Room H–135 (Annex J), 600 Transactions Act of 2003 (‘‘FACT Act’’ or the ‘‘Act’’), Pub. L. 108–159 (2003), performance of the functions of the FTC, Pennsylvania Avenue, NW., including whether the information will Washington, DC 20580. Because paper requires the FTC to study the accuracy and completeness of information in have practical utility; (2) the accuracy of mail in the Washington area and at the the FTC’s estimate of the burden of the Commission is subject to delay, please consumers’ credit reports and to consider methods for improving the proposed collections of information; (3) consider submitting your comments in ways to enhance the quality, utility, and electronic form, as prescribed below. accuracy and completeness of such information. Section 319 of the Act also clarity of the information to be However, if the comment contains any collected; and (4) ways to minimize the material for which confidential requires the Commission to issue a series of biennial reports to Congress burden of collecting the information on treatment is requested, it must be filed those who are to respond, including in paper form, and the first page of the over a period of eleven years. The first report was submitted to Congress in through the use of collection techniques document must be clearly labeled or other form of information technology, ‘‘Confidential.’’ 1 The FTC is requesting December 2004 (‘‘December 2004 2 e.g., permitting electronic submissions that any comment filed in paper form be Report’’). In July 2005, OMB approved the of responses. All comments should be sent by courier or overnight service, if filed as prescribed in the ADDRESSES possible. FTC’s request to conduct a pilot study to evaluate the feasibility of a section above, and must be received on Comments filed in electronic form or before December 18, 2006. should be submitted by using the methodology that involves direct review following Web link: https:// by consumers of the information 1. Description of the Collection of secure.commentworks.com/ftc-accuracy contained in their credit reports (OMB Information and Proposed Use Control Number 3084–0133).3 After (further following the instructions on A. Initial Pilot Study the Web-based form). To ensure that the receiving OMB approval, the FTC Commission considers an electronic conducted the pilot study from October The goal of the initial pilot study was comment, you must file it on the Web- 2005 through June 2006. As discussed to assess the feasibility of directly based form at the Web link; https:// below, FTC staff believes it is necessary engaging consumers in an in-depth secure.commentworks.com/ftc- to conduct a follow-up pilot study to review of their credit reports for the accuracy. If this notice appears at http:// evaluate additional design elements purpose of identifying alleged material www.regulations.gov, you may also file prior to carrying out a nationwide errors and attempting to resolve such an electronic comment through that survey on the accuracy and errors through the Fair Credit Report Act (‘‘FCRA’’) dispute resolution Web site. The Commission will consider completeness of consumer credit reports. The additional design elements process. The FTC’s contractor for the all comments that regulations.gov would permit the FTC to further assess initial pilot study—a research team forwards to it. The FTC Act and other laws the whether the collection of certain data comprised of members from the Center Commission administers permit the pertinent to credit report accuracy can for Business and Industrial Studies collection of public comments to be obtained in a way that is not unduly (University of Missouri-St Louis), consider and use in this proceeding as resource-intensive or otherwise cost- 4 appropriate. All timely and responsive prohibitive if extended to a nationwide The clearance was originally set to expire in survey. As with the initial study, the December 2006. However, rather than seek a FTC’s proposed follow-up study will straight extension of the existing clearance in order 1 Commission Rule 4.2(d), 16 CFR 4.2(d). The to conduct the proposed follow-up pilot study, FTC comment must be accompanied by an explicit staff asked OMB to discontinue the clearance in request for confidential treatment, including the 2 Report to Congress Under Sections 318 and 319 September 2006. This procedural approach ensures factual and legal basis for the request, and must of the Fair and Accurate Credit Transactions Act of that the FTC’s December 2006 Report to Congress identify the specific portions of the comment to be 2003, Federal Trade Commission, December 2004. (which will include a detailed review of the results withheld from the public record. The request will The December 2004 Report is available at http:// of the initial pilot study) will be available to the be granted or denied by the Commission’s General www.ftc.gov/reports/index.htm#2004. public before the expiration of the comments period Counsel, consistent with applicable law and the 3 See 70 FR 24583 (May 10, 2005) (discussion of for this notice. The December 2006 Report is public interest. See Commission Rule 4.9(c), 16 CFR the initial pilot study and related public expected to be publicly available on the FTC’s Web 4.9(c). comments). site by December 2, 2006.

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Georgetown University Credit Research numbers (‘‘SSNs’’) to University higher credit scores.) FTC staff believes Center, and the Fair Isaac Corporation— members of the research team, who there is a need to further explore engaged 30 randomly selected conducted all interviews. Only Fair whether Internet access may have participants in an in-depth review of Isaac received SSNs upon an initial played a role in the apparent imbalance. their credit reports. By using the Web request for credit reports by For example, although the contractor site ‘‘myfico.com,’’ study participants participants. Moreover, all financial would have offered to provide Internet obtained their credit reports and credit account numbers (including credit and access to otherwise qualified study scores 5 from each of the three debit card numbers) were truncated to 3 participants, all of the consumers who nationwide consumer reporting agencies or 4 digits in any information available ultimately became participants in the (Equifax, Experian, TransUnion— to University researchers. These study already had Internet access. hereinafter, the ‘‘CRAs’’). The contractor restrictions did not hinder the quality of Accordingly, there is a need to further reviewed these credit reports with the information produced by the study. explore how to best invite and recruit participants to identify alleged (iii) Sufficient information was persons to participate in the study. In inaccuracies and further gave advice on provided for a subsequent analysis of consideration of these and other the difference between a small the accuracy of items placed in CRA matters, the FTC is proposing to inaccuracy and a potentially significant files and presented in credit reports. For conduct a follow-up pilot study. error that could affect credit scores. example, in addition to assessing B. Follow-up Pilot Study After an evaluation of alleged errors for whether the alleged errors are material, materiality by the research team, the methodology permitted the In many respects, the design of the consumers were asked to channel contractor to address the following follow-up study will be similar to the disputed information through the FCRA types of questions: initial pilot study. The elements of the dispute resolution process.6 (a) What is the specific nature of the proposed follow-up study are as Some of the contractor’s key findings errors alleged by consumers? follows: concerning the methodology of the (b) Which categories of credit report (i) A study group of 120 consumers initial pilot study include: 7 information generate frequent concerns? will be drawn by a randomized (i) Participants were successfully (c) Do consumers take initiative to procedure that is screened to consist of engaged in conducting a thorough and have the alleged errors corrected (i.e., do adult members of households to whom effective review of their credit report they file a formal FCRA dispute)? credit has been extended in the form of information over the telephone. The (d) Are the alleged errors present in credit cards, automobile loans, home members of the research team and the the credit reports from more than one mortgages, or other forms of installment participants were unanimous in judging CRA? credit. The FTC will send a letter to the review of the information as (e) Is there consistency over CRA files potential study participants describing thorough and objective. in representing the creditworthiness of the nature and purpose of the pilot (ii) Effective mechanisms to protect consumers? (Specifically, sufficient study. The contractor will screen consumers’ personal information can be information was provided to assess consumers by conducting telephone employed. For example, in the protocols consistency in reporting a wide variety interviews. Consumers who qualify and of the pilot study, participants were not of pertinent information, including: agree to participate will sign a prepared required to reveal their social security employment status; length of credit consent form giving the contractor history; late payments; public permission to review the consumer’s 5 A credit score is a numerical summary of the derogatories; utilization of revolving credit reports. information in a credit report and is designed to be credit; and collection activity.) (ii) In selecting the study group the predictive of the risk of default. Credit scores are The contractor also identified matters created by proprietary formulas that render the contractor will use, and may also following result: the higher the credit score, the that would need to be addressed further, experiment with, a variety of methods lower the risk of default. The contractor in the chief among these being: additional for recruiting participants. For example, initial pilot study employed a score that is procedures to help consumers follow in addition to therandomized selection commonly used in credit reporting, namely the through with the entirety of the study FICO score. (The same score is anticipated for the procedure used in the initial pilot study proposed follow-up pilot study.) process and additional ways of (which made use oftelephone 6 The FCRA dispute resolution process involves identifying and recruiting consumers to directories), the contractor will engage the review of disputed items by data furnishers and become participants in the study. For consumers through referrals from CRAs. The formal dispute process renders a specific example, the majority of participants outcome for each alleged error. By direct instruction financial institutions as they apply for of the data furnisher, the following outcomes may who alleged errors on their credit credit, e.g., mortgages, automobile loans, occur: delete the item, change or modify the item reports and indicated that they would or other forms of credit. (Lenders will (specifying the change), or maintain the item as file a formal dispute did not follow know—and have a permissible purpose originally reported. Also, a CRA may delete a through with their intention to file. disputed item due to expiration of statutory time for knowing—the consumer’s credit frame (the FCRA limits the process to 30 days, but Considering that this was also true with score and certain other characteristics; the time may be extended to 45 days if the respect to those who alleged material consumers can then be informed of the consumer submits relevant information during the errors in the expert opinion of the FTC study and invited to participate.) 30-day period). These possible actions are tracked research term, the need to further The contractor may experiment with by a form called ‘‘Online Solution for Complete and Accurate Reporting’’ (e-OSCAR) that is used by explore how to best follow-up with additional methods for securing CRAs for resolving FCRA disputes. (See, Federal consumers who indicate they will file a participation, provided that the methods Trade Commission and Board of Governors of the dispute is clear. Moreover, those who employed do not violate the FCRA, and Federal Reserve System, Report to Congress on the ultimately became study participants specifically do not violate the Fair Credit Reporting Act Dispute Process, August 2006. The report is available at http://www.ftc.gov/ tended to be persons who had relatively permissible purposes for obtaining a reports/index.htm#2006.) higher credit scores and were possibly consumer’s credit report (FCRA § 604). 7 As previously noted, the FTC’s upcoming more affluent and better educated. (iii) The selected study group will December 2006 Report to Congress will contain a (Ranging from low to high, a broad consist of consumers having a diversity more detailed review of the study results. The December 2006 Report is expected to be publicly spectrum of credit scores was attained of credit scores over three broad available on the FTC’s Web site by December 2, in the study group; yet, the overall categories: poor, fair, and good. The 2006. distribution favored the relatively contractor will monitor the respective

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processes of recruitment so as to attain circumstances under which consumers FTC staff anticipates that these approximately equal representations of generally review their credit reports; nor categories will be useful in designing a credit scores across the designated is it intended to evaluate the adequacy nationwide survey regardless of how categories. or complexity of the dispute process. accuracy and completeness may be (iv) The contractor will help The scrutiny applied to the reports of defined for such a survey. participants obtain their credit reports study participants, via the help of expert from the CRAs. Each participant will advice, would not at all be indicative of 2. Estimated Hours Burden request his or her three credit reports on a consumer’s normal experience in Consumer participation in the follow- the same day, although different reviewing a credit report. The FTC up pilot study would involve an initial participants will generally request their recognizes that consumers often are not reports on different days. screening interview and any subsequent familiar with credit reporting time spent by participants to (v) The contractor will help the procedures and may have difficulties in understand, review, and if deemed participants review their credit reports understanding a credit report (which necessary, dispute information in their by resolving common may be partly due to a consumer’s own credit reports. The FTC staff estimates misunderstandings that they may have misconceptions). Also, as noted above, that up to 800 consumers may need to about the information in their reports; some consumers may need extra be screened through telephone this will involve educating the guidance and help in completing the consumers wherever appropriate process of filing disputes for alleged interviews to obtain 120 participants, (thereby helping them to distinguish inaccuracies. In all of the proposed and that each screening interview may between accurate and inaccurate activities, the contractor will use last up to 10 minutes, yielding a total of information). procedures that avoid identification of approximately 133 hours (800 screening × 1 (vi) The contractor will help study participants to CRAs and data interviews ⁄6 hour per contact). participants locate any material furnishers. With respect to the hours spent by differences or discrepancies among their Furthermore, as was true of the initial study participants, in some cases the three reports and check whether these study, the proposed follow-up pilot relative simplicity of a credit report may differences indicate inaccuracies. study will not employ a specific render little need for review and the (vii) The contractor will facilitate a definition of accuracy and completeness consumer’s participation may only be participant’s contact with the CRAs and and no decision has been made on the an hour. For reports that involve data furnishers as necessary to help definition of these terms for a difficulties, it may require a number of resolve credit report items that the nationwide survey.9 Instead, both the hours for the participant to be educated participant views as inaccurate. To the initial and follow-up pilot studies seek about the report and to resolve any extent necessary, the contractor will to assess a methodology that involves disputed items. For items that are guide participants through the dispute consumer review of credit reports and process established by the FCRA. The disputed formally, the participant must both seek to ascertain the variety of submit a dispute form, identify the contractor will not directly contact information pertinent to accuracy and CRAs or data furnishers during the nature of the problem, present completeness that can be garnered. verification from the participant’s own course of the study, as the outcome of Finally, the follow-up pilot study will a dispute may still be pending. The records to the extent possible, and, upon list an array of possible outcomes for furnisher response, perhaps submit contractor will determine if any changes items reviewed on the participants’ in the participant’s credit score result follow-up information. As was true of credit reports. FTC staff anticipates this the initial study, FTC staff again from changes in credit report list will include the following categories 8 estimates the participants’ time for information. (the contractor may supply additional (viii) For study participants who have reviewing their credit reports at an categories as warranted by matters average of 5 hours per participant, alleged material errors and expressed an encountered in the study): resulting in a total of 600 hours (5 hours intention to file a dispute but do not file ‘‘disputed by consumer and deleted × 120 participants).11 Total consumer within 6 weeks, the contractor will due to expiration of statutory [FCRA] burden hours are thus approximately prepare draft dispute letters on their time frame’’; behalf (together with stamped ‘‘disputed by consumer and data 750 hours (derived as 133 screening envelopes, pre-addressed to the relevant furnisher agrees to delete the item’’; hours plus 600 participant hours, CRAs). The contractor will ascertain ‘‘disputed by consumer and data from the consumer whether the letter furnisher agrees to change or modify the report was viewed by the consumer. Alternatively, correctly describes the consumer’s the item may have been submitted to a CRA but item’’; placed in the wrong consumer’s file. The contractor allegation and, upon confirmation, the ‘‘disputed by consumer and data will seek to determine, to the extent practicable, participant will be asked to sign and furnisher disagrees, maintaining the which of these explanations may apply. For send the letter. item to be correct’’; example, at the end of the study the contractor may As was true of the initial study, the ‘‘item not disputed by consumer’’; or contact XYZ Mortgage, give a brief explanation of the FTC’s pilot study, and inquire whether this proposed follow-up pilot study is not 10 ‘‘item not present on the report’’. furnisher normally reports information to Credit intended to replicate normal Bureau A; if so, then inquire about the timing of the 9 See also December 2004 Report at 5 n.10, which reporting cycle. When making such inquiries, the 8 In making this comparison, the contractor will discusses different definitions of completeness, and contractor will not disclose the identities of study not just obtain a new credit report and score from at 16–18, which discusses FCRA accuracy and participants. the relevant CRAs after items have been corrected completeness requirements. 11 This general estimate is given for the purpose (although such reports will be obtained). The 10 The FTC staff recognizes the different reporting of calculating burden under the PRA. Information contractor is required to have the expertise to re- cycles of data furnishers and the voluntary basis on contained in the contractor’s report to the FTC score the original credit report in the context of which information is reported to a CRA. There may regarding the initial study may indicate a somewhat those changes directly related to the contractor’s be different explanations why an anticipated item lower estimate of the average time spent by the 30 review, thus resulting in a re-scoring of the is not on a particular credit report. The item may participants, but it would not render a noticeably consumer’s ‘‘frozen file.’’ This method addresses be missing because a data furnisher did not provide different result for the overall consumer burden. In the concern that changes in credit scores retrieved the information to a certain CRA, or—due to the an effort not to underestimate the time spent by from CRAs could be the result of the addition of specific reporting cycle of the data furnisher— additional study participants, FTC staff has retained new items rather than corrected items. because it was provided at a time after the credit the estimate used for the initial study.

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further rounding upwards to the nearest housing; (2) create additional permanent ACTION: Notice. 50 hours). housing for chronically homeless persons; (3) increase the use of SUMMARY: The Food and Drug 3. Estimated Cost Burden underused mainstream resources that Administration (FDA) is announcing the The cost per participant should be pay for services and treatment for availability of a document entitled negligible. Participation is voluntary, chronically homeless persons (e.g., ‘‘Guidance for Industry: Biological and will not require any start-up, Medicaid, TANF, Food Stamps, block Product Deviation Reporting for Blood capital, or labor expenditures by study grants, state-funded children’s health and Plasma Establishments,’’ dated participants. As with the initial study, insurance programs); (4) replicate October 2006. The guidance provides participants will not pay for their credit service, treatment, and housing models blood and plasma establishments, reports or credit scores. known to be effective based on sound including licensed blood establishments, unlicensed registered William Blumenthal, evidence; and, (5) support the development of infrastructures that blood establishments, and transfusion General Counsel. sustain the housing, services, services, with the FDA’s current [FR Doc. E6–17507 Filed 10–18–06; 8:45 am] treatments, and inter-organizational thinking related to the biological BILLING CODE 6750–01–P partnerships beyond the 3-year product deviation reporting Initiative. requirements. The guidance document Frequency: Reporting, on occasion, will assist blood and plasma DEPARTMENT OF HEALTH AND quarterly, annually. establishments in determining when a HUMAN SERVICES Affected Public: Individuals or report is required, who submits the Households. report, what information to submit in Office of the Secretary Annual Number of Respondents: 723. the report, the timeframe for reporting, [Document Identifier: OS–0990–0304; 30 Total Annual Responses: 1857. and how to submit the report. The day notice] Average Burden per Response: .9. guidance finalizes the draft guidance Total Annual Hours: 1857. document under the same title dated Agency Information Collection To obtain copies of the supporting August 2001. Activities: Proposed Collection; statement and any related forms for the DATES: Submit written or electronic Comment Request proposed paperwork collections comments on agency guidances at any referenced above, access the HHS Web time. AGENCY: Office of the Secretary, HHS. site address at http://www.hhs.gov/ocio/ In compliance with the requirement infocollect/pending/ or e-mail your ADDRESSES: Submit written requests for of section 3506(c)(2)(A) of the request, including your address, phone single copies of the guidance to the Paperwork Reduction Act of 1995, the number, OMB number, and OS Office of Communication, Training, and Office of the Secretary (OS), Department document identifier, to Manufacturers Assistance (HFM–40), of Health and Human Services, is [email protected], or call Center for Biologics Evaluation and publishing the following summary of a the Reports Clearance Office on (202) Research (CBER), Food and Drug proposed collection for public 690–6162. Written comments and Administration, 1401 Rockville Pike, comment. Interested persons are invited recommendations for the proposed suite 200N, Rockville, MD 20852–1448. to send comments regarding this burden information collections must be Send one self-addressed adhesive label estimate or any other aspect of this received within 30 days of this notice to assist the office in processing your collection of information, including any directly to the Desk Officer at the requests. The guidance may also be of the following subjects: (1) The address below: OMB Desk Officer: John obtained by mail by calling CBER at 1– necessity and utility of the proposed Kraemer, OMB Human Resources and 800–835–4709 or 301–827–1800. See information collection for the proper Housing Branch, Attention: (OMB the SUPPLEMENTARY INFORMATION section performance of the agency’s functions; #0990–0304), New Executive Office for electronic access to the guidance (2) the accuracy of the estimated Building, Room 10235, Washington DC document. burden; (3) ways to enhance the quality, 20503. Submit written comments on the utility, and clarity of the information to guidance to the Division of Dockets Dated: October 11, 2006. be collected; and (4) the use of Management (HFA–305), Food and Drug automated collection techniques or Alice Bettencourt, Administration, 5630 Fishers Lane, rm. other forms of information technology to Office of the Secretary, Paperwork Reduction 1061, Rockville, MD 20852. Submit Act Reports Clearance Officer. minimize the information collection electronic comments to http:// burden. [FR Doc. E6–17424 Filed 10–18–06; 8:45 am] www.fda.gov/dockets/ecomments. Type of Information Collection BILLING CODE 4150–05–P FOR FURTHER INFORMATION CONTACT: Request: Regular Clearance, Extension Joseph L. Okrasinski, Jr., Center for of a currently approved collection. Biologics Evaluation and Research DEPARTMENT OF HEALTH AND Title of Information Collection: (HFM–17), Food and Drug HUMAN SERVICES National Outcomes Performance Administration, 1401 Rockville Pike, Assessment of the Collaborative Food and Drug Administration suite 200N, Rockville, MD 20852–1448, Initiative to Help End Chronic 301–827–6210. Homelessness. [Docket No. 2001D–0220 (Formally Docket SUPPLEMENTARY INFORMATION: Form/OMB No.: OS–0990–0304. No. 01D–0220)] I. Background Use: The goals of this 3-year program Guidance for Industry: Biological for persons experiencing chronic Product Deviation Reporting for Blood FDA is announcing the availability of homelessness include: (1) Increase the and Plasma Establishments; a document entitled ‘‘Guidance for effectiveness of integrated systems of Availability Industry: Biological Product Deviation care for chronically homeless persons Reporting for Blood and Plasma by providing comprehensive services AGENCY: Food and Drug Administration, Establishments’’ dated October 2006. and treatment and linking them to HHS. The guidance is intended to provide

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assistance to blood and plasma collections of information under 21 CFR in determining when a report is establishments in the reporting of any 211.192 and 211.198 were approved required, who submits the report, what event associated with the under OMB control number 0910–0139. information to submit in the report, the manufacturing, to include testing, timeframe for reporting, and how to III. Comments processing, packing, labeling, or storage, submit the report. This guidance or with the holding or distribution, of Interested persons may, at any time, finalizes the draft guidance document of blood or blood components that may submit written or electronic comments the same title dated August 2001. effect the safety, purity, or potency of a to the Division of Dockets Management DATES: Submit written or electronic distributed product as required under (see ADDRESSES) regarding this comments on agency guidances at any §§ 600.14 and 606.171 (21 CFR 600.14 guidance. Submit a single copy of time. and 606.171). The guidance provides electronic comments or two paper ADDRESSES: Submit written requests for additional information regarding the copies of any mailed comments, except single copies of the guidance to the regulations in § 606.171 by describing that individuals may submit one paper Office of Communication, Training, and who must report, what must be copy. Comments are to be identified Manufacturers Assistance (HFM–40), included in the report, when the with the docket number found in the Center for Biologics Evaluation and establishment must report, and how to brackets in the heading of this Research (CBER), Food and Drug report either electronically or by mail document. A copy of the guidance and Administration, 1401 Rockville Pike, using Form FDA–3486, a standardized received comments are available for suite 200N, Rockville, MD 20852–1448. reporting format. Examples of reportable public examination in the Division of Send one self-addressed adhesive label and non-reportable events concerning Dockets Management between 9 a.m. to assist the office in processing your donor suitability, product collection, and 4 p.m., Monday through Friday. requests. The guidance may also be component preparation, testing, IV. Electronic Access obtained by mail by calling CBER at 1– labeling, quality control and 800–835–4709 or 301–827–1800. See distribution are discussed. The guidance Persons with access to the Internet the SUPPLEMENTARY INFORMATION section also contains a Biological Product may obtain the guidance at either http:// for electronic access to the guidance Deviation Reporting Flow Chart to aid www.fda.gov/cber/guidelines.htm or document. the blood or plasma establishment in http://www.fda.gov/ohrms/dockets/ default.htm. Submit written comments on the determining if an event is reportable. guidance to the Division of Dockets In the Federal Register of August 13, Dated: October 10, 2006. Management (HFA–305), Food and Drug 2001 (66 FR 42546) FDA announced the Jeffrey Shuren, Administration, 5630 Fishers Lane, rm. availability of the draft guidance of the Assistant Commissioner for Policy. 1061, Rockville, MD 20852. Submit same title. FDA received several [FR Doc. E6–17378 Filed 10–18–06; 8:45 am] electronic comments to http:// comments on the draft guidance and those comments were considered as the BILLING CODE 4160–01–S www.fda.gov/dockets/ecomments. guidance was finalized. Editorial FOR FURTHER INFORMATION CONTACT: changes were made to improve clarity. Joseph L. Okrasinski, Jr., Center for DEPARTMENT OF HEALTH AND Biologics Evaluation and Research The guidance announced in this notice HUMAN SERVICES finalizes the draft guidance dated (HFM–17), Food and Drug Administration, 1401 Rockville Pike, August 2001. Food and Drug Administration The guidance is being issued Suite 200N, Rockville, MD 20852–1448, consistent with FDA’s good guidance [Docket No. 2001D–0221 (Formally Docket 301–827–6210. practices regulation (21 CFR 10.115). No. 01D–0221)] SUPPLEMENTARY INFORMATION: The guidance represents the FDA’s Guidance for Industry: Biological I. Background current thinking on this topic. It does Product Deviation Reporting for not create or confer any rights for or on FDA is announcing the availability of Licensed Manufacturers of Biological any person and does not operate to bind a document entitled ‘‘Guidance for Products Other than Blood and Blood FDA or the public. An alternative Industry: Biological Product Deviation Components; Availability approach may be used if such approach Reporting for Licensed Manufacturers of satisfies the requirement of the AGENCY: Food and Drug Administration, Biological Products Other than Blood applicable statutes and regulations. HHS. and Blood Components,’’ dated October ACTION: Notice. 2006. The guidance is intended to II. Paperwork Reduction Act of 1995 provide assistance to licensed This guidance refers to previously SUMMARY: The Food and Drug manufacturers of biological products approved collections of information Administration (FDA) is announcing the other than blood and blood components found in FDA regulations. These availability of a document entitled in the reporting of any event associated collections of information are subject to ‘‘Guidance for Industry: Biological with the manufacturing, to include review by the Office of Management and Product Deviation Reporting for testing, processing, packing, labeling, or Budget (OMB) under the Paperwork Licensed Manufacturers of Biological storage, or with the holding or Reduction Act of 1995 (44 U.S.C. 3501– Products Other than Blood and Blood distribution of a licensed biological 3520). The collections of information Components,’’ dated October 2006. The product which may affect the safety, under § 606.171 and 21 CFR 606.100 guidance document provides licensed purity, or potency of a distributed were approved under OMB control manufacturers of biological products licensed product as required under number 0910–0116. The collection of other than blood and blood components § 600.14 (21 CFR 600.14). The guidance information under § 600.14 was with the FDA’s current thinking related provides additional information approved under OMB control number to the biological product deviation regarding the regulations in § 600.14, 0910–0139. The collections of reporting requirements. The guidance which describe who must report, what information under 21 CFR 820.90 and document will assist the licensed must be included in the report, when 820.100 were approved under OMB manufacturers of biological products the licensed manufacturer must report, control number 0910–0458. The other than blood and blood components and provides that the licensed

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manufacturer must report either to the Division of Dockets Management (Catalogue of Federal Domestic Assistance electronically or by mail using Form (see ADDRESSES) regarding this Program Nos. 93.172, Human Genome FDA–3486, a standardized reporting guidance. Submit a single copy of Research, National Institutes of Health, HHS) format. Examples of reportable and electronic comments or two paper Dated: October 10, 2006. nonreportable events concerning the copies of any mailed comments, except Linda Payne, incoming material specifications, that individuals may submit one paper process controls, product specifications, copy. Comments are to be identified Acting Director, Office of Federal Advisory product testing, product labeling, with the docket number found in the Committee Policy. quality control procedures, and product brackets in the heading of this [FR Doc. 06–8777 Filed 10–18–06; 8:45 am] distribution are discussed. These document. A copy of the guidance and BILLING CODE 4140–01–M examples may not apply to all received comments are available for establishments because they include public examination in the Division of deviations and unexpected events Dockets Management between 9 a.m. DEPARTMENT OF HEALTH AND related to standard operating procedures and 4 p.m., Monday through Friday. HUMAN SERVICES implemented at individual establishments and may not be an IV. Electronic Access National Institutes of Health industry standard or a procedure at your Persons with access to the Internet National Institute of Diabetes and facility. The guidance also contains a may obtain the guidance at either http:// Biological Product Deviation Reporting Digestive and Kidney Diseases; Notice www.fda.gov/cber/guidelines.htm or of Closed Meeting Flowchart to aid in determining if an http://www.fda.gov/ohrms/dockets/ event is reportable. default.htm. In the Federal Register of August 13, Pursuant to section 10(d) of the 2001 (66 FR 42547), FDA announced the Dated: October 10, 2006. Federal Advisory Committee Act, as availability of the draft guidance of the Jeffrey Shuren, amended (5 U.S.C. Appendix 2), notice same title. FDA received several Assistant Commissioner for Policy. is hereby given of the following comments on the draft guidance and [FR Doc. E6–17374 Filed 10–18–06; 8:45 am] meeting. those comments were considered as the BILLING CODE 4160–01–S The meeting will be closed to the guidance was finalized. Editorial public in accordance with the changes were made to improve clarity. provisions set forth in sections The guidance announced in this notice DEPARTMENT OF HEALTH AND 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., finalizes the draft guidance dated HUMAN SERVICES as amended. The grant applications and August 2001. the discussions could disclose This guidance is being issued National Institutes of Health confidential trade secrets or commercial consistent with FDA’s good guidance property such as patentable material, practices regulation (21 CFR 10.115). National Human Genome Research and personal information concerning This guidance represents the FDA’s Institute; Notice of Closed Meeting individuals associated with the grant current thinking on this topic. It does Pursuant to section 10(d) of the applications, the disclosure of which not create or confer any rights for or on Federal Advisory Committee Act, as any person and does not operate to bind would constitute a clearly unwarranted amended (5 U.S.C. Appendix 2), notice FDA or the public. An alternative invasion of personal privacy. is hereby given of the following approach may be used if such approach Name of Committee: National Institute of meeting. satisfies the requirement of the Diabetes and Digestive and Kidney Diseases applicable statutes and regulations. The meeting will be closed to the Special Emphasis Panel, Conference Grants public in accordance with the Review. II. Paperwork Reduction Act of 1995 provisions set forth in section 552b(c)(4) Date: October 20, 2006. This guidance refers to previously and 552b(c)(6), Title 5 U.S.C., as Time: 1 p.m. to 3 p.m. approved collections of information amended. The grant applications and Agenda: To review and evaluate grant found in FDA regulations. These the discussions could disclose applications. collections of information are subject to confidential trade secrets or commercial Place: National Institutes of Health, Two review by the Office of Management and property such as patentable material, Democracy Plaza, 6707 Democracy Budget (OMB) under the Paperwork and personal information concerning Boulevard, Bethesda, MD 20892, (Telephone Reduction Act of 1995 (44 U.S.C. 3501– individuals associated with the grant Conference Call). 3520). The collection of information applications, the disclosure of which Contact Person: Atul Sahai, PhD, Scientific under § 600.14 was approved under would constitute a clearly unwarranted Review Administrator, Review Branch, DEA, OMB control number 0910–0458. The invasion of personal privacy. NIDDK, National Institutes of Health, Room collections of information under 21 CFR Name of Committee: National Human 908, 6707 Democracy Boulevard, Bethesda, 606.100 and 606.171 were approved Genome Research Institute Special Emphasis MD 20892–5452, 301–594–2242, under OMB control number 0910–0116. Panel, Resources and Training Review [email protected]. The collections of information under 21 Teleconference. This notice is being published less than 15 CFR 820.90 and 820.100 were approved Date: November 8, 2006. days prior to the meeting due to the timing under OMB control number 0910–0139, Time: 8 a.m. to 5 p.m. limitations imposed by the review and and the collections of information under Agenda: To review and evaluate grant funding cycle. applications. (Catalogue of Federal Domestic Assistance 21 CFR 211.192 and 211.198 were Place: National Institutes of Health, 5635 approved under OMB control number Fishers Lane, Bethesda, MD 20892. Program Nos. 93.847, Diabetes, 0910–0073. Contact Person: Keith McKenney, PhD, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition III. Comments Scientific Review Administrator, NHGRI, 5635 Fishers Lane, Suite 4076, Bethesda, MD Research; 93.849, Kidney Diseases, Urology Interested persons may, at any time, 20814. 301–594–4280, and Hematology Research, National Institutes submit written or electronic comments [email protected]. of Health, HHS)

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Dated: October 10, 2006. Date: November 15, 2006. DEPARTMENT OF HEALTH AND Linda Payne, Time: 8 a.m. to 5 p.m. HUMAN SERVICES Acting Director, Office of Federal Advisory Agenda: To review and evaluate grant Committee Policy. applications. National Institutes of Health Place: The Fairmont Washington, DC., [FR Doc. 06–8772 Filed 10–18–06; 8:45 am] 2401 M Street, NW., Washington, DC 20037. National Institute of Child Health and BILLING CODE 4140–01–M Contact Person: JoAnn McConnell, PhD, Human Development; Notice of Closed Scientific Review Administrator, Scientific Meetings Review Branch, NIH/NINDS/Neuroscience DEPARTMENT OF HEALTH AND Center, 6001 Executive Blvd., Suite 3208, Pursuant to section 10(d) of the HUMAN SERVICES MSC 9529, Bethesda, MD 20892–9529, 301– Federal Advisory Committee Act, as 496–5324, [email protected]. amended (5 U.S.C. Appendix 2), notice National Institutes of Health Name of Committee: National Institute of is hereby given of the following Neurological Disorders and Stroke Special National Institute of Neurological meetings. Emphasis Panel, NINDS Roadmap HTS Assay The meetings will be closed to the Disorders and Stroke; Notice of Closed Development. public in accordance with the Meetings Date: November 16–17, 2006. provisions set forth in sections Time: 8 a.m. to 6 p.m. Pursuant to section 10(d) of the Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Federal Advisory Committee Act, as applications. as amended. The grant applications and amended (5 U.S.C. Appendix 2), notice Place: The Watergate Hotel, 2650 Virginia the discussions could disclose is hereby given of the following Ave., NW., Monticello, Washington, DC confidential trade secrets or commercial meetings. 20037. property such as patentable material, The meeting will be closed to the Contact Person: Shantadurga Rajaram, and personal information concerning public in accordance with the PhD, Scientific Review Administrator, individuals associated with the grant provisions set forth in sections Scientific Review Branch, NIH/NINDS/ applications, the disclosure of which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Neuroscience Center, 6001 Executive Blvd., would constitute a clearly unwarranted as amended. The grant applications and Suite 3208, MSC 9529, Bethesda, MD 20852, invasion of personal privacy. 301–435–6033, [email protected]. the discussions could disclose Name of Committee: National Institute of confidential trade secrets or commercial Name of Committee: National Institute of Neurological Disorders and Stroke Special Child Health and Human Development property such as patentable material, Emphasis Panel, Fellowship Review. Special Emphasis Panel, Mechanisms of and personal information concerning Date: November 17, 2006. Preeclampsia; Impact of Obesity. individuals associated with the grant Time: 8 a.m. to 5 p.m. Date: October 25, 2006. applications, the disclosure of which Agenda: To review and evaluate grant Time: 1 p.m. to 4 p.m. would constitute a clearly unwarranted applications. Agenda: To review and evaluate grant invasion of personal privacy. Place: Topaz Hotel, 1733 N Street, NW., applications. Washington, DC 20036. Place: National Institutes of Health, 6100 Name of Committee: National Institute of Contact Person: JoAnn McConnell, PhD, Executive Boulevard, Room 5B01, Rockville, Neurological Disorders and Stroke Special Scientific Review Administrator, Scientific MD 20852 (Telephone Conference Call). Emphasis Panel, Glioma Therapies SEP. Contact Person: Gopal M. Bhatnagar, PhD, Review Branch, NIH/NINDS/Neuroscience Date: November 3, 2006. Scientific Review Administrator, National Center, 6001 Executive Blvd., Suite 3208, Time: 11 a.m. to 1 p.m. Institutes of Health, 6100 Bldg Rm 5B01, MSC 9529, Bethesda, MD 20892–9529, 301– Agenda: To review and evaluate grant Rockville, MD 20852, 301–435–6889. 496–5324, [email protected]. applications. [email protected]. Name of Committee: National Institute of Place: National Institutes of Health, This notice is being published less Neuroscience Center, 6001 Executive Neurological Disorders and Stroke Special Boulevard, Rockville, MD 20852 (Telephone Emphasis Panel, Mechanisms of Epilepsy. than 15 days prior to the meeting due Conference Call). Date: November 28, 2006. to the timing limitations imposed by the Contact Person: Shantadurga Rajaram, Time: 1 p.m. to 5 p.m. review and funding cycle. Agenda: To review and evaluate grant PhD, Scientific Review Administrator, Name of Committee: National Institute of applications. Scientific Review Branch, NIH/NINDS/ Child Health and Human Development Place: National Institutes of Health, Neuroscience Center, 6001 Executive Blvd., Special Emphasis Panel, Health, Behavior, Neuroscience Center, 6001 Executive Suite 3208, MSC 9529, Bethesda, MD 20852, and Context Subcommittee. Boulevard, Rockville, MD 20852 (Telephone 301–435–6033, [email protected]. Date: October 26–27, 2006. Conference Call). Name of Committee: National Institute of Time: 8 a.m. to 5 p.m. Contact Person: Shantadurga Rajaram, Neurological Disorders and Stroke Special Agenda: To review and evaluate grant PhD, Scientific Review Administrator, Emphasis Panel, Epilepsy Studies SEP. applications. Scientific Review Branch, NIH/NINDS/ Date: November 6, 2006. Place: Bethesda Marriott Suites, 6711 Neuroscience Center, 6001 Executive Blvd., Time: 2:30 p.m. to 4:30 p.m. Democracy Boulevard, Bethesda, MD 20817. Suite 3208, MSC 9529, Bethesda, MD 20852, Agenda: To review and evaluate grant Contact Person: Michele C. Hindi- 301–435–6033, [email protected]. applications. Alexander, PhD, Division of Scientific Place: National Institutes of Health, (Catalogue of Federal Domestic Assistance Review, National Institutes of Health, Neuroscience Center, 6001 Executive Program Nos. 93.853, Clinical Research National Institute for Child Health, and Boulevard, Rockville, MD 20852 (Telephone Related to Neurological Disorders; 93.854, Human Development, 6100 Executive Conference Call). Biological Basis Research in the Boulevard, Room 5B01, Bethesda, MD Contact Person: Shantadurga Rajaram, Neurosciences, National Institutes of Health, 20812–7510, 301–435–8382. PhD, Scientific Review Administrator, HHS) [email protected]. Scientific Review Branch, NIH/NINDS/ Dated: October 10, 2006. This notice is being published less Neuroscience Center, 6001 Executive Blvd., Suite 3208, MSC 9529, Bethesda, MD 20852, Linda Payne, than 15 days prior to the meeting due 301–435–6033, [email protected]. Acting Director, Office of Federal Advisory to the timing limitations imposed by the Name of Committee: National Institute of Committee Policy. review and funding cycle. Neurological Disorders and Stroke Special [FR Doc. 06–8773 Filed 10–18–06; 8:45 am] (Catalogue of Federal Domestic Assistance Emphasis Panel, K99/R00 REVIEW. BILLING CODE 4140–01–M Program Nos. 93.864, Population Research;

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93.865, Research for Mothers and Children; Executive Blvd., Room 5B01, Rockville, MD Research; 93.209, Contraception and 93.929, Center for Medical Rehabilitation 20892, 301–435–6889, Infertility Loan Repayment Program, National Research; 93.209, Contraception and [email protected]. Institutes of Health, HHS) Infertility Loan Repayment Program, National (Catalogue of Federal Domestic Assistance Dated: October 10, 2006. Institutes of Health, HHS) Program Nos. 93.864, Population Research; Linda Payne, Dated: October 10, 2006. 93.865, Research for Mothers and Children; Acting Director, Office of Federal Advisory Linda Payne, 93.929, Center for Medical Rehabilitation Committee Policy. Research; 93.209, contraception and Acting Director, Office of Federal Advisory [FR Doc. 06–8776 Filed 10–18–06; 8:45 am] Infertility Loan Repayment Program, National Committee Policy. Institutes of Health, HHS) BILLING CODE 4140–01–M [FR Doc. 06–8774 Filed 10–18–06; 8:45am] BILLING CODE 4140–01–M Dated: October 10, 2006. Linda Payne, DEPARTMENT OF HEALTH AND Acting Director, Office of Federal Advisory HUMAN SERVICES DEPARTMENT OF HEALTH AND Committee Policy. HUMAN SERVICES [FR Doc. 06–8775 Filed 10–18–06; 8:45 am] National Institutes of Health National Institutes of Health BILLING CODE 4140–01–M National Institute of Diabetes and Digestive and Kidney Diseases; Notice National Institute of Child Health and of Closed Meeting DEPARTMENT OF HEALTH AND Human Development; Notice of Closed HUMAN SERVICES Meetings Pursuant to section 10(d) of the Federal Advisory Committee Act, as Pursuant to section 10(d) of the National Institutes of Health amended (5 U.S.C. Appendix 2), notice Federal Advisory Committee Act, as is hereby given of a meeting of the National Institute of Child Health and amended (5 U.S.C. Appendix 2), notice Board of Scientific Counselors, NIDDK. Human Development; Notice of Closed is hereby given of the following The meeting will be closed to the Meeting meetings. public as indicated below in accordance The meetings will be closed to the Pursuant to section 10(d) of the with the provisions set forth in section public in accordance with the Federal Advisory Committee Act, as 552b(c)(6), Title 5 U.S.C., as amended provisions set forth in sections amended (5 U.S.C. Appendix 2), notice for the review, discussion, and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., is hereby given of the following evaluation of individual intramural as amended. The grant applications and meeting. programs and projects conducted by the the discussions could disclose The meeting will be closed to the National Institute of Diabetes and confidential trade secrets or commercial public in accordance with the Digestive and Kidney Diseases, property such as patentable material, provisions set forth in sections including consideration of personnel and personal information concerning 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., qualifications and performance, and the individuals associated with the grant as amended. The contract proposals and competence of individual investigators, applications, the disclosure of which the discussions could disclose the disclosure of which would would constitute a clearly unwarranted confidential trade secrets or commercial constitute a clearly unwarranted invasion of personal privacy. property such as patentable material, invasion of personal privacy. Name of Committee: National Institute of and personal information concerning Name of Committee: Board of Scientific Child Health and Human Development individuals associated with the contract Counselors, NIDDK. Special Emphasis Panel, Innovative proposals, the disclosure of which Date: November 2–3, 2006. Therapies and Clinical Studies for Screenable would constitute a clearly unwarranted Time: 8:15 a.m. to 2 p.m. Disorders. invasion of personal privacy. Agenda: To review and evaluate personal Date: October 31, 2006. qualifications and performance, and Time: 8 a.m. to 5 p.m. Name of Committee: National Institute of competence of individual investigators. Agenda: To review and evaluate grant Child Health and Human Development Place: National Institutes of Health, applications. Special Emphasis Panel, Genetic Factors in Building 10, 9000 Rockville Pike, Room Place: Savoy Suites Hotel, 2505 Wisconsin Birth Defects. 9S235, Bethesda, MD 20892. Ave., NW., Washington, DC 20007. Date: October 24, 2006. Contact Person: Marvin C. Gershengorn, Contact Person: Norman Chang, PhD, Time: 12 p.m. to 3 p.m. MD, Scientific Director, Division of Scientific Review Administrator, Division of Agenda: To review and evaluate contract Intramural Research, National Institute of Scientific Review, National Institute of Child proposals. Diabetes and Digestive and Kidney Diseases, Health and Human Development, NIH, 6100 Place: National Institutes of Health, 6100 National Institutes of Health, 9000 Rockville Executive Blvd., Room 5B01, Bethesda, MD Executive Boulevard, Room 5B01, Rockville, Pike, Bldg. 10, Rm. 9N222, Bethesda, MD 20892, 301–496–1485, [email protected]. MD 20852 (Telephone Conference Call). 20892, 301–496–4129. Contact Person: Hameed Khan, PhD, Name of Committee: National Institute of Scientific Review Administrator, Division of In the interest of security, NIH has Child Health and Human Development Scientific Review, National Institute of Child instituted stringent procedures for Special Emphasis Panel, Maternofetal Health and Human Development, NIH, 6100 entrance onto the NIH campus. All Signaling and Lifelong Consequences. Executive Blvd., Room 5B01, Bethesda, MD Date: October 31, 2006. visitor vehicles, including taxicabs, 20892, 301–435–6902, [email protected]. Time: 1 p.m. to 3 p.m. hotel, and airport shuttles will be Agenda: To review and evaluate grant This notice is being published less inspected before being allowed on applications. than 15 days prior to the meeting due campus. Visitors will be asked to show Place: National Institutes of Health, 6100 to the timing limitations imposed by the one form of identification (for example, Executive Boulevard, Room 5B01, Rockville, review and funding cycle. a government-issued photo ID, driver’s MD 20852, (Telephone Conference Call). license, or passport) and to state the Contact Person: Gopal M. Bhatnagar, PhD, (Catalogue of Federal Domestic Assistance purpose of their visit. Scientific Review Administrator, Division of Program Nos. 93.864, Population Research; Scientific Review, National Institute of Child 93.865, Research for Mothers and Children; (Catalogue of Federal Domestic Assistance Health and Human Development, 6100 93.929, Center for Medical Rehabilitation Program Nos. 93.847, Diabetes,

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Endocrinology and Metabolic Research; Contact Person: Prabha L. Atreya, PhD, amended (5 U.S.C. Appendix 2), notice 93.848, Digestive Diseases and Nutrition Scientific Review Administrator, Office of is hereby given of the following Research; 93.849, Kidney Diseases, Urology Scientific Review, National Institute of meetings. and Hematology Research, National Institutes Biomedical Imaging, and Bioengineering, The meetings will be closed to the of Health, HHS) Bethesda, MD 20892, 301–496–8633, [email protected]. public in accordance with the Dated: October 10, 2006. provisions set forth in sections Linda Payne, Name of Committee: National Institute of Biomedical Imaging and Bioengineering 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Acting Director, Office of Federal Advisory Special Emphasis Panel ZEB1 OSR–C J1 (P) as amended. The grant applications and Committee Policy. Integrated Microfluids. the discussions could disclose [FR Doc. 06–8778 Filed 10–18–06; 8:45 am] Date: November 28, 2006. confidential trade secrets or commercial BILLING CODE 4140–01–M Time: 1 p.m. to 4 p.m. property such as patentable material, Agenda: To review and evaluate grant and personal information concerning applications. individuals associated with the grant Place: National Institutes of Health, Two DEPARTMENT OF HEALTH AND applications, the disclosure of which HUMAN SERVICES Democracy Plaza, 6707 Democracy Boulevard, Suite 900 Conference Room, would constitute a clearly unwarranted invasion of personal privacy. National Institutes of Health Bethesda, MD 20892 (Telephone Conference Call). Name of Committee: Center for Scientific National Institute of Biomedical Contact Person: Prabha L. Atreya, PhD, Review Special Emphasis Panel, Genetic Scientific Review Administrator, Office of Associations of Complex Behaviors. Imaging and Bioengineering; Notice of Scientific Review, National Institute of Closed Meetings Date: October 19, 2006. Biomedical Imaging, and Bioengineering, Time: 2 p.m. to 4 p.m. Pursuant to section 10(d) of the Bethesda, MD 20892, 301–496–8633, Agenda: To review and evaluate grant [email protected]. Federal Advisory Committee Act, as applications. Dated: October 11, 2006. Place: The Washington Doubletree, 1515 amended (5 U.S.C. Appendix 2), notice Rhode Island Avenue NW., Washington, DC Linda Payne, is hereby given of the following 20005. meetings. Acting Director, Office of Federal Advisory Contact Person: Elisabeth Koss, PhD, The meetings will be closed to the Committee Policy. Scientific Review Administrator, Center for public in accordance with the [FR Doc. 06–8780 Filed 10–18–06; 8:45 am] Scientific Review, National Institutes of provisions set forth in sections BILLING CODE 4140–01–M Health, 6701 Rockledge Drive, Room 3152, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., MSC 7770, Bethesda, MD 20892, 301–435– as amended. The grant applications and 0906, [email protected]. This notice is being published less than 15 the discussions could disclose DEPARTMENT OF HEALTH AND HUMAN SERVICES days prior to the meeting due to the timing confidential trade secrets or commercial limitations imposed by the review and property such as patentable material, National Institutes of Health funding cycle. and personal information concerning Name of Committee: Center for Scientific individuals associated with the grant Center for Scientific Review; Amended Review Special Emphasis Panel, ZRG1 applications, the disclosure of which Notice of Meeting EMNR–G 02: Diabetes. would constitute a clearly unwarranted Date: October 26, 2006. invasion of personal privacy. Notice is hereby given of a change in Time: 1 p.m. to 5 p.m. Agenda: To review and evaluate grant Name of Committee: National Institute of the meeting of the Center for Scientific Review Special Emphasis Panel, applications. Biomedical Imaging and Bioengineering Place: National Institutes of Health, 6701 Special Emphasis Panel ZEB1 OSR–C J2 (P) October 16, 2006, 8 a.m. to October 17, Rockledge Drive, Bethesda, MD 20892 Point of Care Nanodiagnostics. 2006, 3 p.m. Admiral Fell Inn, 888 (Telephone Conference Call). Date: November 13, 2006. South Broadway, Baltimore, MD 21201 Contact Person: Abubakar A. Shaikh, PhD, Time: 1 p.m. to 4 p.m. which was published in the Federal DVM, Scientific Review Administrator, Agenda: To review and evaluate grant Register on September 15, 2006, 71 FR Center for Scientific Review, National applications. 54511–54512. Institutes of Health, 6701 Rockledge Drive, Place: National Institutes of Health, Two The meeting will be held October 15, Room 6168, MSC 7892, Bethesda, MD 20892, Democracy Plaza, 6707 Democracy 301–435–1042, [email protected]. Boulevard, Suite 200 Small Conference 2006, 7 p.m. to October 16, 2006, 4 p.m. The meeting location remains the same. This notice is being published less than 15 Room, Bethesda, MD 20892 (Telephone days prior to the meeting due to the timing Conference Call). The meeting is closed to the public. limitations imposed by the review and Contact Person: Prabha L. Atreya, PhD, Dated: October 11, 2006. funding cycle. Scientific Review Administrator, Office of Linda Payne, Name of Committee: Center for Scientific Scientific Review, National Institute of Review Special Emphasis Panel, Topics in Biomedical Imaging, and Bioengineering, Acting Director, Office of Federal Advisory Committee Policy. Vector Biology. Bethesda, MD 20892, 301–496–8633, Date: October 27, 2006. [FR Doc. 06–8779 Filed 10–18–06; 8:45 am] [email protected]. Time: 11 a.m. to 3 p.m. Name of Committee: National Institute of BILLING CODE 4140–01–M Agenda: To review and evaluate grant Biomedical Imaging and Bioengineering applications. Special Emphasis Panel ZEB1 OSR–C J3 (P) Place: National Institutes of Health, 6701 Medical Image Presentation. DEPARTMENT OF HEALTH AND Rockledge Drive, Bethesda, MD 20892 Date: November 17, 2006. HUMAN SERVICES (Telephone Conference Call). Time: 12 p.m. to 3 p.m. Contact Person: Joseph D. Mosca, PhD, Agenda: To review and evaluate grant National Institutes of Health MBA, Scientific Review Administrator, applications. Center for Scientific Review, National Place: National Institutes of Health, Two Center for Scientific Review; Notice of Institutes of Health, 6701 Rockledge Drive, Democracy Plaza, 6707 Democracy Closed Meetings Room 3198, MSC 7808, Bethesda, MD 20892, Boulevard, Suite 200 Small Conference 301–435–2344, [email protected]. Room, Bethesda, MD 20892 (Telephone Pursuant to section 10(d) of the This notice is being published less than 15 Conference Call). Federal Advisory Committee Act, as days prior to the meeting due to the timing

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limitations imposed by the review and Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific funding cycle. Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel, Signal Name of Committee: Center for Scientific (Telephone Conference Call). Transduction. Review Special Emphasis Panel, Member Contact Person: Vinod Charles, PhD, Date: November 7, 2006. Conflicts in Cognition, Perception and Scientific Review Administrator, Center for Time: 2:30 p.m. to 3:30 p.m. Language. Scientific Review, National Institutes of Agenda: To review and evaluate grant Date: November 1, 2006. Health, 6701 Rockledge Drive, Room 5196, applications. Time: 11 a.m. to 12:30 p.m. MSC 7846, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant 0902, [email protected]. Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). applications. Name of Committee: Center for Scientific Contact Person: Russell T. Dowell, PhD, Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Cell Biology Scientific Review Administrator, Center for Rockledge Drive, Bethesda, MD 20892 SBIR. (Telephone Conference Call). Scientific Review, National Institutes of Date: November 7, 2006. Contact Person: Dana Jeffrey Plude, PhD, Health, 6701 Rockledge Drive, Room 4128, Time: 8:30 a.m. to 4:30 p.m. Scientific Review Administrator, Center for MSC 7814, Bethesda, MD 20892, 301–435– Scientific Review, National Institutes of Agenda: To review and evaluate grant 1850, [email protected]. Health, 6701 Rockledge Drive, Room 3176, applications. Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific MSC 7848, Bethesda, MD 20892, 301–435– Review Special Emphasis Panel, Member 2309, [email protected]. Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting). Conflict: Addiction. Name of Committee: Center for Scientific Contact Person: Raya Mandler, PhD, Date: November 8–9, 2006. Review Special Emphasis Panel, Renin- Scientific Review Administrator, Center for Time: 8 a.m. to 8 p.m. Angiotensin-Aldosterone System, Scientific Review, National Institutes of Agenda: To review and evaluate grant Hypertension and Microcirculation. applications. Date: November 1, 2006. Health, 6701 Rockledge Drive, Room 5217, MSC 7840, Bethesda, MD 20892, 301–402– Place: National Institutes of Health, 6701 Time: 2 p.m. to 4 p.m. Rockledge Drive, Bethesda, MD 20892 8228, [email protected]. Agenda: To review and evaluate grant (Virtual Meeting). applications. Name of Committee: Center for Scientific Contact Person: Christine L. Melchior, Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Memer PhD, Scientific Review Administrator, Center Rockledge Drive, Bethesda, MD 20892 Conflict: Cellular and Molecular for Scientific Review, National Institutes of (Telephone Conference Call). Immunology. Health, 6701 Rockledge Drive, Room 5176, Contact Person: Olga A. Tjurmina, PhD, Date: November 7, 2006. MSC 7844, Bethesda, MD 20892, 301–435– Scientific Review Administrator, Center for Time: 8:30 a.m. to 3 p.m. 1713, [email protected]. Scientific Review, National Institutes of Agenda: To review and evaluate grant Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4030B, applications. Review Special Emphasis Panel, RNA MSC 7814, Bethesda, MD 20892, 301–451– Place: George Washington University Inn, 1375, [email protected]. Dynamics Program Project. 824 New Hampshire Ave., NW., Washington, Date: November 8–10, 2006. Name of Committee: Center for Scientific DC 20037. Time: 8 a.m. to 6 p.m. Review Special Emphasis Panel, Member Contact Person: Jin Huang, PhD, Scientific Agenda: To review and evaluate grant Conflicts: Pain and Chemosensation. Review Administrator, Center for Scientific applications. Date: November 7–10, 2006. Review, National Institutes of Health, 6701 Place: National Institutes of Health, 6701 Time: 6 a.m. to 5 p.m. Rockledge Drive, Room 4095G, MSC 7812, Agenda: To review and evaluate grant Rockledge Drive, Bethesda, MD 20892 Bethesda, MD 20892, 301–435–1187, (Virtual Meeting). applications. [email protected]. Place: National Institutes of Health, 6701 Contact Person: George W. Chacko, PhD, Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892 Scientific Review Administrator, Center for (Virtual Meeting). Review Special Emphasis Panel, BMRD Scientific Review, National Institutes of Contact Person: Joseph G. Rudolph, PhD, Research Methods and Design Member SEP. Health, 6701 Rockledge Drive, Room 4186, Scientific Review Administrator, Center for Date: November 7, 2006. MSC 7849, Bethesda, MD 20892, 301–435– Scientific Review, National Institutes of Time: 9:30 a.m. to 12 p.m. 1220, [email protected]. Health, 6701 Rockledge Drive, Room 5186, Agenda: To review and evaluate grant Name of Committee: Center for Scientific MSC 7844, Bethesda, MD 20892, 301–435– applications. Review Special Emphasis Panel, Small 2212, [email protected]. Place: National Institutes of Health, 6701 Business: Respiratory Sciences. Rockledge Drive, Bethesda, MD 20892 Name of Committee: Immunology Date: November 8, 2006. (Telephone Conference Call). Integrated Review Group, Innate Immunity Time: 8 a.m. to 4 p.m. Contact Person: Fungai F. Chanetsa, PhD, and Inflammation Study Section. Agenda: To review and evaluate grant Date: November 7–8, 2006. Scientific Review Administrator, Center for applications. Time: 8 a.m. to 6 p.m. Scientific Review, National Institutes of Place: Bethesda Park Hotel, 8400 Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 3135, Wisconsin Avenue, Bethesda, MD 20814. applications. MSC 7770, Bethesda, MD 20892, 301–435– Contact Person: Bonnie L. Burgess-Beusse, Place: Radisson Hotel, Downtown Market 1262, [email protected]. PhD, Scientific Review Administrator, Center Square, 502 W. Durango Street, San Antonio, Name of Committee: Center for Scientific for Scientific Review, National Institutes of TX 78207. Review Special Emphasis Panel, Platelet Health, 6701 Rockledge Drive, Room 2191C, Contact Person: Tina McIntyre, PhD, Production System. MSC 7818, Bethesda, MD 20892, 301–435– Scientific Review Administrator, Center for Date: November 7, 2006. 1783, [email protected]. Scientific Review, National Institutes of Time: 2 p.m. to 3:30 p.m. Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 4202, Agenda: To review and evaluate grant Review Special Emphasis Panel, IRAP MSC 7812, Bethesda, MD 20892, 301–594– applications. Member Applications. 6375, [email protected]. Place: National Institutes of Health, 6701 Date: November 8–9, 2006. Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892 Time: 8 a.m. to 5 p.m. Review Special Emphasis Panel, Clinical (Telephone Conference Call). Agenda: To review and evaluate grant Neurophysiology, Devices and Contact Person: Bukhtiar H. Shah, PhD, applications. Neuroprosthetics. DVM, Scientific Review Administrator, Place: National Institutes of Health, 6701 Date: November 7, 2006. Center for Scientific Review, National Rockledge Drive, Bethesda, MD 20892 Time: 8 a.m. to 5 p.m. Institutes of Health, 6701 Rockledge Drive, (Virtual Meeting). Agenda: To review and evaluate grant Room 5040–F, MSC 7822, Bethesda, MD Contact Person: William N. Elwood, PhD, applications. 20892, 301–435–1233, [email protected]. Scientific Review Administrator, Center for

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Scientific Review, National Institutes of Agenda: To review and evaluate grant Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 3162, applications. Review Special Emphasis Panel, Genes, MSC 7770, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6701 Genetics, Genomics Fellowships. 1503, [email protected]. Rockledge Drive, Bethesda, MD 20892 Date: November 9–10, 2006. Name of Committee: Center for Scientific (Telephone Conference Call). Time: 8 a.m. to 4 p.m. Review Special Emphasis Panel, LCMI Contact Person: Russell T. Dowell, PhD, Agenda: To review and evaluate grant Member Conflict Applications. Scientific Review Administrator, Center for applications. Date: November 8, 2006. Scientific Review, National Institutes of Place: The Watergate, 2650 Virginia Time: 1 p.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 4128, Avenue, NW., Washington, DC 20037. Agenda: To review and evaluate grant MSC 7814, Bethesda, MD 20892, 301–435– Contact Person: Mary P. McCormick, PhD, applications. 1850, [email protected]. Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Name of Committee: Center for Scientific Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Review Special Emphasis Panel, Health, 6701 Rockledge Drive, Room 2208, (Telephone Conference Call). Chemoprevention Research. MSC 7890, Bethesda, MD 20892, 301–435– Contact Person: Ghenima Dirami, PhD, Date: November 8, 2006. 1047, [email protected]. Scientific Review Administrator, Center for Time: 2:30 p.m. to 5:30 p.m. Name of Committee: AIDS and Related Scientific Review, National Institutes of Agenda: To review and evaluate grant Research Integrated Review Group, AIDS Health, 6701 Rockledge Drive, Room 2159, applications. Discovery and Development of Therapeutics MSC 7818, Bethesda, MD 20892, 301–594– Place: National Institutes of Health, 6701 Study Section. 1321, [email protected]. Rockledge Drive, Bethesda, MD 20892 Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific (Telephone Conference Call). Agenda: To review and evaluate grant Contact Person: Syed M. Quadri, PhD, applications. Review Special Emphasis Panel, Member Scientific Review Administrator, Center for Place: One Washington Circle Hotel, One Conflicts: Motor Dysfunction, Learning, and Scientific Review, National Institutes of Washington Circle, Washington, DC 20037. Voice Treatment. Health, 6701 Rockledge Drive, Room 6210, Contact Person: Shiv A. Prasad, PhD, Date: November 8, 2006. MSC 7804, Bethesda, MD 20892, 301–435– Scientific Review Administrator, Center for Time: 1 p.m. to 5 p.m. 1211, [email protected]. Scientific Review, National Institutes of Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 5220, applications. Name of Committee: Musculoskeletal, Oral MSC 7852, Bethesda, MD 20892, 301–443– Place: National Institutes of Health, 6701 and Skin Sciences Integrated Review Group, 5779, [email protected]. Rockledge Drive, Bethesda, MD 20892 Musculoskeletal Rehabilitation Sciences (Telephone Conference Call). Study Section. Name of Committee: Center for Scientific Contact Person: Weijia Ni, PhD, Scientific Date: November 8–10, 2006. Review Special Emphasis Panel, Chemical Review Administrator, Center for Scientific Time: 6 p.m. to 5 p.m. and Biological Sciences. Review, National Institutes of Health, 6701 Agenda: To review and evaluate grant Date: November 9–10, 2006. Rockledge Drive, Room 3190, MSC 7848, (for applications. Time: 8:30 a.m. to 5 p.m. overnight mail use room # and 20817 zip), Place: Hyatt Regency Bethesda, One Agenda: To review and evaluate grant Bethesda, MD 20892, 301–435–1507, Bethesda Metro Center, 7400 Wisconsin applications. [email protected]. Avenue, Bethesda, MD 20814. Place: Churchill Hotel, 1914 Connecticut Contact Person: Jo Pelham, BA, Scientific Avenue, NW., Washington, DC 20009. Name of Committee: Center for Scientific Review Administrator, Center for Scientific Contact Person: David R. Jollie, PhD, Review Special Emphasis Panel, Cardiac Review, National Institutes of Health, 6701 Scientific Review Administrator, Center for Arrhythmias. Rockledge Drive, Room 4102, MSC 7814, Scientific Review, National Institutes of Date: November 8, 2006. Bethesda, MD 20892, 301–435–1786, Health, 6701 Rockledge Drive, Room 4156, Time: 2 p.m. to 4 p.m. [email protected]. MSC 7806, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant 1722, [email protected]. applications. Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Name of Committee: Center for Scientific Neurogenetics and Neuroimaging. Review Special Emphasis Panel, Health of Rockledge Drive, Bethesda, MD 20892 Date: November 9, 2006. the Population Fellowship Review Special (Telephone Conference Call). Time: 8 a.m. to 6 p.m. Emphasis Panel. Contact Person: Joyce C. Gibson, DSC, Agenda: To review and evaluate grant Date: November 9, 2006. Scientific Review Administrator, Center for applications. Time: 8:30 a.m. to 5 p.m. Scientific Review, National Institutes of Place: Beacon Hotel and Corporate Agenda: To review and evaluate grant Health, 6701 Rockledge Drive, Room 4130, Quarters, 1615 Rhode Island Avenue, NW., applications. MSC 7814, Bethesda, MD 20892, 301–435– Washington, DC 20036. Place: Hamilton Crowne Plaza, 14th & K 4522, [email protected]. Contact Person: Robert C. Elliott, PhD, Streets, Washington, DC 20005. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Contact Person: Fungai F. Chanetsa, PhD, Review Special Emphasis Panel, Small Scientific Review, National Institutes of Scientific Review Administrator, Center for Business: Neural Systems. Health, 6701 Rockledge Drive, Room 3130, Scientific Review, National Institutes of Date: November 8, 2006. MSC 7850, Bethesda, MD 20892, 301–435– Health, 6701 Rockledge Drive, Room 3135, Time: 2 p.m. to 4 p.m. 3009, [email protected]. MSC 7770, Bethesda, MD 20892, 301–435– Agenda: To review and evaluate grant Name of Committee: Center for Scientific 1262, [email protected]. applications. Review Special Emphasis Panel, Genetics of Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Adaptive Variation. Review Special Emphasis Panel, Nutrition. Rockledge Drive, Bethesda, MD 20892 Date: November 9–10, 2006. Date: November 9, 2006. (Telephone Conference Call). Time: 8 a.m. to 5 p.m. Time: 2 p.m. to 4 p.m. Contact Person: Bernard F. Driscoll, PhD, Agenda: To review and evaluate grant Agenda: To review and evaluate grant Scientific Review Administrator, Center for applications. applications. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Place: National Institutes of Health, 6701 Health, 6701 Rockledge Drive, Room 5184, Rockledge Drive, Bethesda, MD 20892 Rockledge Drive, Bethesda, MD 20892 MSC 7844, Bethesda, MD 20892, 301–435– (Virtual Meeting). (Telephone Conference Call). 1242, [email protected]. Contact Person: Barbara J. Thomas, PhD, Contact Person: Abubakar A. Shaikh, Ph.D, Name of Committee: Center for Scientific Scientific Review Administrator, Center for Scientific Review Administrator, Center for Review Special Emphasis Panel, Contractile Scientific Review, National Institutes of Scientific Review, National Institutes of Protein. Health, 6701 Rockledge Drive, Room 2220, Health, 6701 Rockledge Drive, Room 6168, Date: November 8, 2006. MSC 7890, Bethesda, MD 20892, 301–435– MSC 7892, Bethesda, MD 20892, 301–435– Time: 2:30 p.m. to 3:30 p.m. 0603, [email protected]. 1042, [email protected].

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Name of Committee: Center for Scientific Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Review Special Emphasis Panel, Memory. Health, 6701 Rockledge Drive, Room 4196, Rockledge Drive, Bethesda, MD 20892 Date: November 9, 2006. MSC 7812, Bethesda, MD 20892, 301–435– (Telephone Conference Call). Time: 2 p.m. to 4 p.m. 2902, [email protected]. Contact Person: Daniel F. McDonald, PhD, Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review Administrator, Chief, Renal applications. Review Special Emphasis Panel, Small and Urological Sciences IRG, Center for Place: National Institutes of Health, 6701 Business: Psychopathology and Adult Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Disorders. Health, 6701 Rockledge Drive, Room 4214, (Telephone Conference Call). Date: November 10, 2006. MSC 7814, Bethesda, MD 20892, 301–435– Contact Person: Bernard F. Driscoll, PhD, Time: 8:30 a.m. to 5:30 p.m. 1215, [email protected]. Scientific Review Administrator, Center for Agenda: To review and evaluate grant Name of Committee: Center for Scientific Scientific Review, National Institutes of applications. Review Special Emphasis Panel, Health, 6701 Rockledge Drive, Room 5184, Place: St. Gregory Hotel, 2033 M Street, Cardiovascular Development. MSC 7844, Bethesda, MD 20892, 301–435– NW., Washington, DC 20036. Date: November 10, 2006. 1242, [email protected]. Contact Person: Dana Jeffrey Plude, PhD, Time: 1:30 p.m. to 3 p.m. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel, Cancer Scientific Review, National Institutes of applications. Therapy. Health, 6701 Rockledge Drive, Room 3176, Place: National Institutes of Health, 6701 Date: November 9, 2006. MSC 7848, Bethesda, MD 20892, 301–435– Rockledge Drive, Bethesda, MD 20892 Time: 12 p.m. to 3 p.m. 2309, [email protected]. (Telephone Conference Call). Agenda: To review and evaluate grant Name of Committee: Center for Scientific Contact Person: Larry Pinkus, PhD, applications. Review Special Emphasis Panel, BGES Scientific Review Administrator, Center for Place: National Institutes of Health, 6701 Genetics and Mental Health Member Panel. Scientific Review, National Institutes of Rockledge Drive, Bethesda, MD 20892 Date: November 10, 2006. Health, 6701 Rockledge Drive, Room 4132, (Telephone Conference Call). Time: 9:30 a.m. to 12:30 p.m. MSC 7802, Bethesda, MD 20892, 301–435– Contact Person: Eun Ah Cho, PhD, Agenda: To review and evaluate grant 1214, [email protected]. applications. Scientific Review Administrator, Center for Name of Committee: Center for Scientific Place: National Institutes of Health, 6701 Scientific Review, National Institutes of Review Special Emphasis Panel, Erythrocyte Health, 6701 Rockledge Drive, Room 6202, Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). Membrane Proteins and Erythropoiesis. MSC 7804, Bethesda, MD 20892, 301–451– Date: November 10, 2006. 4467, [email protected]. Contact Person: Fungai F. Chanetsa, PhD, Scientific Review Administrator, Center for Time: 2 p.m. to 4 p.m. Name of Committee: Center for Scientific Scientific Review, National Institutes of Agenda: To review and evaluate grant Review Special Emphasis Panel, Health, 6701 Rockledge Drive, Room 3135, applications. Epidemiology of Cancer (EPIC) Member MSC 7770, Bethesda, MD 20892, 301–435– Place: National Institutes of Health, 6701 Conflict SEP. 1262, [email protected]. Rockledge Drive, Bethesda, MD 20892 Date: November 9, 2006. (Telephone Conference Call). Name of Committee: Center for Scientific Time: 12 p.m. to 6 p.m. Contact Person: Robert T. Su, PhD, Review Special Emphasis Panel, Cardiac Ion Agenda: To review and evaluate grant Scientific Review Administrator, Center for Channels. applications. Date: November 10, 2006. Scientific Review, National Institutes of Place: National Institutes of Health, 6701 Time: 1 p.m. to 3 p.m. Health, 6701 Rockledge Drive, Room 4134, Rockledge Drive, Bethesda, MD 20892 Agenda: To review and evaluate grant MSC 7802, Bethesda, MD 20892, 301–435– (Telephone Conference Call). applications. 1195, [email protected]. Contact Person: Christopher Sempos, PhD, Place: National Institutes of Health, 6701 (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Center for Rockledge Drive, Bethesda, MD 20892 Program Nos. 93.306, Comparative Medicine; Scientific Review, National Institutes of (Telephone Conference Call). 93.333, Clinical Research, 93.306, 93.333, Health, 6701 Rockledge Drive, Room 3146, Contact Person: Joyce C. Gibson, DSC, 93.337, 93.393–93.396, 93.837–93.844, MSC 7770, Bethesda, MD 20892, 301–451– Scientific Review Administrator, Center for 93.846–93.878, 93.892, 93.893, National 1329, [email protected]. Scientific Review, National Institutes of Institutes of Health, HHS) Name of Committee: Infectious Diseases Health, 6701 Rockledge Drive, Room 4130, Dated: October 11, 2006. and Microbiology Integrated Review Group, MSC 7814, Bethesda, MD 20892, 301–435– Vector Biology Study Section. 4522, [email protected]. Linda Payne, Date: November 10, 2006. Name of Committee: Center for Scientific Acting Director, Office of Federal Advisory Time: 8:30 a.m. to 6 p.m. Review Special Emphasis Panel, Cancer Committee Policy. Agenda: To review and evaluate grant Genetics. [FR Doc. 06–8781 Filed 10–18–06; 8:45 am] applications. Date: November 10, 2006. BILLING CODE 4140–01–M Place: Marriott Renaissance Atlanta Hotel, Time: 1 p.m. to 3 p.m. 590 West Peachtree Street, NW., Atlanta, GA Agenda: To review and evaluate grant 30308. applications. DEPARTMENT OF HEALTH AND Contact Person: John C. Pugh, PhD, Place: National Institutes of Health, 6701 HUMAN SERVICES Scientific Review Administrator, Center for Rockledge Drive, Bethesda, MD 20892 Scientific Review, National Institutes of (Telephone Conference Call). National Institutes of Health Health, 6701 Rockledge Drive, Room 3114, Contact Person: Angela Y. Ng, PhD, MBA, MSC 7808, Bethesda, MD 20892, 301–435– Scientific Review Administrator, Center for Center for Scientific Review; Notice of 2398, [email protected]. Scientific Review, National Institutes of Closed Meetings Name of Committee: Center for Scientific Health, 6701 Rockledge Drive, Room 6200, Review Special Emphasis Panel, Materials MSC 7804, (For courier delivery, use MD Pursuant to section 10(d) of the Science and Environment Monitoring. 20817), Bethesda, MD 20892, 301–435–1715, Federal Advisory Committee Act, as [email protected]. Date: November 10, 2006. amended (5 U.S.C. Appendix 2), notice Time: 8:30 a.m. to 5 p.m. Name of Committee: Center for Scientific is hereby given of the following Agenda: To review and evaluate grant Review Special Emphasis Panel, Member applications. Conflicts: Renal Pathophysiology. meetings. Place: Ramada Inn Rockville, 1775 Date: November 10, 2006. The meeting s will be closed to the Rockville Pike, Rockville, MD 20852. Time: 1 p.m. to 3 p.m. public in accordance with the Contact Person: Alexander Gubin, PhD, Agenda: To review and evaluate grant provisions set forth in sections Scientific Review Administrator, Center for applications. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,

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as amended. The grant applications and Contact Person: Raya Mandler, PhD, Time: 8 a.m. to 5 p.m. the discussions could disclose Scientific Review Administrator, Center for Agenda: To review and evaluate grant confidential trade secrets or commercial Scientific Review, National Institutes of applications. property such as patentable material, Health, 6701 Rockledge Drive, Room 5217, Place: Bethesda Marriott, 5151 Pooks Hill MSC 7840, Bethesda, MD 20892. 301–402– Road, Bethesda, MD 20814. and personal information concerning 8228. [email protected]. Contact Person: Elaine Sierra-Rivera, BS, individuals associated with the grant Name of Committee: Center for Scientific MS, PhD, Scientific Review Administrator, applications, the disclosure of which Review Special Emphasis Panel, Center for Scientific Review, National would constitute a clearly unwarranted Neuroinformatics SEP. Institutes of Health, 6701 Rockledge Drive, invasion of personal privacy. Date: October 30, 2006. Room 6184, MSC 7804, Bethesda, MD 20892, 301–435–1779, [email protected]. Name of Committee: Oncological Sciences Time: 1 p.m. to 4 p.m. Integrated Review Group, Basic Mechanisms Agenda: To review and evaluate grant Name of Committee: AIDS and Related of Cancer Therapeutics Study Section. applications. Research Integrated Review Group, AIDS Date: October 12–13, 2006. Place: National Institutes of Health, 6701 Immunology and Pathogenesis Study Time: 8 a.m. to 5 p.m. Rockledge Drive, Bethesda, MD 20892. Section. Agenda: To review and evaluate grant (Telephone Conference Call). Date: November 6, 2006. applications. Contact Person: Robert C. Elliott, PhD, Time: 8 a.m. to 6 p.m. Place: Doubletree Crystal City, 300 Army Scientific Review Administrator, Center for Agenda: To review and evaluate grant Navy Drive, Arlington, VA 22202. Scientific Review, National Institutes of applications. Contact Person: Suzanne L. Forry- Health, 6701 Rockledge Drive, Room 3130, Place: Hotel Washington, 15th & Schaudies, PhD, Scientific Review MSC 7850, Bethesda, MD 20892. 301–435– Pennsylvania Avenue, NW., Washington, DC Administrator, Center for Scientific Review, 3009. [email protected]. 20004. National Institutes of Health, 6701 Rockledge Name of Committee: Center for Scientific Contact Person: Shiv A. Prasad, PhD, Drive, Room 6192, MSC 7804, Bethesda, MD Review Special Emphasis Panel, Scientific Review Administrator, Center for 20892. 301–451–0131. [email protected]. Neuroimaging SEP. Scientific Review, National Institutes of This notice is being published less than 15 Date: October 31, 2006. Health, 6701 Rockledge Drive, Room 5220, days prior to the meeting due to the timing Time: 1 p.m. to 4:30 p.m. MSC 7852, Bethesda, MD 20892, 301–443– limitations imposed by the review and Agenda: To review and evaluate grant 5779, [email protected]. funding cycle. applications. Name of Committee: Brain Disorders and Name of Committee: Oncological Sciences Place: National Institutes of Health, 6701 Clinical Neuroscience Integrated Review Integrated Review Group, Tumor Progression Rockledge Drive, Bethesda, MD 20892. Group, Developmental Brain Disorders Study and Metastasis Study Section. (Telephone Conference Call). Section. Date: October 15–16, 2006. Contact Person: Robert C. Elliott, PhD, Date: November 6–7, 2006. Time: 5 p.m. to 5 p.m. Scientific Review Administrator, Center for Time: 8 a.m. to 3 p.m. Agenda: To review and evaluate grant Scientific Review, National Institutes of Agenda: To review and evaluate grant applications. Health, 6701 Rockledge Drive, Room 3130, applications. Place: Crown Plaza Hamilton, 14th and K MSC 7850, Bethesda, MD 20892. 301–435– Place: Hyatt Regency Bethesda, One Street, NW., Washington, DC 20005. 3009. [email protected]. Bethesda Metro Center, 7400 Wisconsin Contact Person: Manzoor Zarger, PhD, Name of Committee: Oncological Sciences Avenue, Bethesda, MD 20814. Scientific Review Administrator, Center for Integrated Review Group, Clinical Oncology Contact Person: Sherry L. Stuesse, PhD, Scientific Review, National Institutes of Study Section. Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 6208, Date: November 5–7, 2006. Scientific Review, National Institutes of MSC 7804, Bethesda, MD 20892. 301–435– Time: 5 p.m. to 5 p.m. Health, 6701 Rockledge Drive, Room 5220, 2477. [email protected]. Agenda: To review and evaluate grant MSC 7846, Bethesda, MD 20892, 301–435– This notice is being published less than 15 applications. 1785, [email protected]. days prior to the meeting due to the timing Place: Hyatt Regency Bethesda, One limitations imposed by the review and Name of Committee: Center for Scientific Bethesda Metro Center, 7400 Wisconsin funding cycle. Review Special Emphasis Panel, BDCN Avenue, Bethesda, MD 20814. Fellowship SEP. Name of Committee: Center for Scientific Contact Person: John L. Meyer, PhD, Date: November 6–7, 2006. Review Special Emphasis Panel, Clinical Scientific Review Administrator, Center for Hematology. Time: 8 a.m. to 2 p.m. Scientific Review, National Institutes of Agenda: To review and evaluate grant Date: October 20, 2006. Health, 6701 Rockledge Drive, Room 6198, Time: 8:30 a.m. to 5 p.m. applications. MSC 7804, Bethesda, MD 20892, 301–435– Place: Embassy Suites at the Chevy Chase Agenda: To review and evaluate grant 1213, [email protected]. applications. Pavilion, 4300 Military Road, NW., Place: Holiday Inn Georgetown, 2101 Name of Committee: Center for Scientific Washington, DC 20015. Wisconsin Avenue, Washington, DC 20007. Review Special Emphasis Panel, Contact Person: Suzan Nadi, PhD, Contact Person: Chhanda, PhD, Scientific Development of Methods for in vivo Imaging Scientific Review Administrator, Center for Review Administrator, Center for Scientific and Bioengineering Research. Scientific Review, National Institutes of Review, National Institutes of Health, 6701 Date: November 6–7, 2006. Health, 6701 Rockledge Drive, Room 5217B, Rockledge Drive, Room 4118, MSC 7802, Time: 8 a.m. to 4 p.m. MSC 7846, Bethesda, MD 20892. 301–435– Bethesda, MD 20892. 301–435–1739. Agenda: To review and evaluate grant 1259. [email protected]. [email protected]. applications. Name of Committee: Center for Scientific This notice is being published less than 15 Place: Embassy Suites at the Chevy Chase Review Special Emphasis Panel, Cancer days prior to the meeting due to the timing Pavilion, 4300 Military Road, NW., Diagnostic and Treatment, SBIR/STTR. limitations imposed by the review and Washington, DC 20015. Date: November 6, 2006. funding cycle. Contact Person: Behrouz Shabestari, PhD, Time: 8 a.m. to 5 p.m. Name of Committee: Center for Scientific Scientific Review Administrator, Center for Agenda: To review and evaluate grant Review Special Emphasis Panel, Retinopathy Scientific Review, National Institutes of applications. Studies. Health, 6701 Rockledge Drive, Room 5106, Place: Hyatt Regency Bethesda, One Date: October 26, 2006. MSC 7854, Bethesda, MD 20892, 301–435– Bethesda Metro Center, 7400 Wisconsin Time: 8:30 a.m. to 5 p.m. 2409, [email protected]. Avenue, Bethesda, MD 20814. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Contact Person: Hungyi Shau, PhD, applications. Review Special Emphasis Panel, Cancer Scientific Review Administrator, Center for Place: The Watergate, 2650 Virginia Immunopathology and Immunotherapy. Scientific Review, National Institutes of Avenue, NW., Washington, DC 20037. Date: November 6–7, 2006. Health, 6701 Rockledge Drive, Room 6214,

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MSC 7804, Bethesda, MD 20892. 301–435– DEPARTMENT OF HOMELAND (2) Evaluate the accuracy of the 1720. [email protected]. SECURITY agencies/components estimate of the Name of Committee: Center for Scientific burden of the proposed collection of Review Special Emphasis Panel, Cognition, Bureau of Customs and Border information, including the validity of Perception and Language Fellowships. Protection the methodology and assumptions used; Date: November 6, 2006. (3) Enhance the quality, utility, and Time: 8 a.m. to 5 p.m. Agency Information Collection clarity of the information to be Agenda: To review and evaluate grant Activities: Application for Foreign applications. Trade Zone Admission and/or Status collected; and Place: St. Gregory Hotel, 2033 M Street, Transaction; Application for Foreign (4) Minimize the burden of the NW., Washington, DC 20036. Trade Zone Activity Report collections of information on those who Contact Person: Dana Jeffrey Plude, PhD, AGENCY: Bureau of Customs and Border are to respond, including the use of Scientific Review Administrator, Center for Protection, Department of Homeland appropriate automated, electronic, Scientific Review, National Institutes of Security. mechanical, or other technological Health, 6701 Rockledge Drive, Room 3176, ACTION: Proposed collection; comments collection techniques or other forms of MSC 7848, Bethesda, MD 20892. 301–435– requested. information technology, e.g., permitting 2309. [email protected]. electronic submission of responses. Name of Committee: Center for Scientific SUMMARY: The Bureau of Customs and Title: Application for Foreign Trade Review Special Emphasis Panel, LCMI Border Protection (CBP) of the Member Conflict Applications. Department of Homeland Security has Zone Admission and/or Status Date: November 6, 2006. submitted the following information Transaction; Application for Foreign Time: 1 a.m. to 5 p.m. collection request to the Office of Trade Zone Activity Report. Agenda: To review and evaluate grant Management and Budget (OMB) for OMB Number: 1651–0029. review and approval in accordance with applications. Form Number: CBP Forms 214, 214A, the Paperwork Reduction Act: Place: National Institutes of Health, 6701 214B, 214C, and 216. Rockledge Drive, Bethesda, MD 20892. Application for Foreign Trade Zone (Telephone Conference Call). Admission, Status Designation, and Abstract: CBP Forms 214, 214A, 214B, Contact Person: Ghenima Dirami, PhD, Activity Permit. This is a proposed and 214C, Application for Foreign- Scientific Review Administrator, Center for extension of an information collection Trade Zone Admission and/or Status Scientific Review, National Institutes of that was previously approved. CBP is Designation, are used by business firms Health, 6701 Rockledge Drive, Room 2159, proposing that this information that bring merchandise into foreign MSC 7818, Bethesda, MD 20892. 301–594– collection be extended without a change trade zones in order to register the 1321. [email protected]. to the burden hours. This document is admission of such merchandise to Name of Committee: Center for Scientific published to obtain comments from the zones, and to apply for the appropriate Review Special Emphasis Panel, Bone public and affected agencies. This zone status. proposed information collection was Marrow Stem Cells, Hemangioblast and Current Actions: This submission is Hematopoietic Differentiation. previously published in the Federal being submitted to extend the expiration Date: November 6, 2006. Register (71 FR 47509) on August 17, Time: 1 a.m. to 3 p.m. 2006, allowing for a 60-day comment date without a change to the burden Agenda: To review and evaluate grant period. This notice allows for an hours. applications. additional 30 days for public comments. Type of Review: Extension (without Place: National Institutes of Health, 6701 This process is conducted in accordance change). Rockledge Drive, Bethesda, MD 20892. with 5 CFR 1320.10. Affected Public: Businesses, (Telephone Conference Call). DATES: Written comments should be Institutions. Contact Person: Chhanda L. Ganguly, PhD, received on or before November 20, Scientific Review Administrator, Center for 2006. Estimated Number of Respondents: Scientific Review, National Institutes of 10,000. ADDRESSES: Health, 6701 Rockledge Drive, Room 4118, Written comments and/or suggestions regarding the items Estimated Time per Respondent: 7.9 MSC 7802, Bethesda, MD 20892. 301–435– hours. 1739. [email protected]. contained in this notice, especially the estimated public burden and associated Estimated Total Annual Burden (Catalogue of Federal Domestic Assistance response time, should be directed to the Hours: 79,500. Program Nos. 93.306, Comparative Medicine Office of Management and Budget Desk 93.333, Clinical Research, 93.306, 93.333, Estimated Total Annualized Cost on Officer at [email protected]. 93.337, 93,393–93.396, 93.837–93.844, the Public: $2,000,000. SUPPLEMENTARY INFORMATION: CBP 93.846–93.878, 93,892, 93.893, National If additional information is required Institutes of Health, HHS) encourages the general public and affected Federal agencies to submit contact: Tracey Denning, Bureau of Dated: October 10, 2006. written comments and suggestions on Customs and Border Protection, 1300 Linda Payne, proposed and/or continuing information Pennsylvania Avenue, NW., Room Acting Director, Office of Federal Advisory collection requests pursuant to the 3.2.C, Washington, DC 20229, at 202– Committee Policy. Paperwork Reduction Act of 1995 (Pub. 344–1429. [FR Doc. 06–8782 Filed 10–18–06; 8:45 am] L.104–13). Your comments should Dated: October 12, 2006. BILLING CODE 4140–01–M address one of the following four points: Tracey Denning, (1) Evaluate whether the proposed collection of information is necessary Agency Clearance Officer, Information Services Branch. for the proper performance of the functions of the agency/component, [FR Doc. E6–17442 Filed 10–18–06; 8:45 am] including whether the information will BILLING CODE 9111–14–P have practical utility;

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DEPARTMENT OF HOMELAND information, including the validity of ACTION: Proposed collection; comments SECURITY the methodology and assumptions used; requested. (3) Enhance the quality, utility, and Bureau of Customs and Border clarity of the information to be SUMMARY: The Bureau of Customs and Protection collected; and Border Protection (CBP) of the (4) Minimize the burden of the Department of Homeland Security has Agency Information Collection collections of information on those who submitted the following information Activities: Serially Numbered are to respond, including the use of collection request to the Office of Substantial Containers Entering the appropriate automated, electronic, Management and Budget (OMB) for United States Duty-Free mechanical, or other technological review and approval in accordance with the Paperwork Reduction Act of 1995: AGENCY: Bureau of Customs and Border collection techniques or other forms of information technology, e.g., permitting Application for Allowance in Duties. Protection (CBP), Department of This is a proposed extension of an Homeland Security. electronic submission of responses. Title: Serially Numbered Substantial information collection that was ACTION: Proposed collection; comments Containers Entering the U.S. Duty-Free. previously approved. CBP is proposing requested. OMB Number: 1651–0035. that this information collection be Form Number: N/A. extended without a change to the SUMMARY: CBP has submitted the Abstract: Marking is used to provide burden hours. This document is following information collection request for duty-free entry of holders or published to obtain comments from the to the Office of Management and Budget containers that were manufactured in public and affected agencies. This (OMB) for review and approval in the United States, exported, and then proposed information collection was accordance with the Paperwork returned without having been advanced previously published in the Federal Reduction Act: Serially Numbered in value or improved in condition. The Register (71 FR 47508) on August 17, Substantial Containers Entering the U.S. regulations provide for duty-free entry 2006, allowing for a 60-day comment Duty-Free. This is a proposed extension of holders or containers of foreign period. This notice allows for an of an information collection that was manufacture if duty has been paid additional 30 days for public comments. previously approved. CBP is proposing previously. This process is conducted in accordance that this information collection be Current Actions: This submission is to with 5 CFR 1320.10. extended without a change to the extend the expiration date without a DATES: Written comments should be burden hours. This document is change to the burden hours. received on or before November 20, published to obtain comments form the Type of Review: Extension (without 2006. public and affected agencies. This change). ADDRESSES: Written comments and/or proposed information collection was Affected Public: Businesses, or other suggestions regarding the items previously published in the Federal for-profit. contained in this notice, especially the Register (71 FR 47509) on August 17, Estimated Number of Respondents: estimated public burden and associated 2006, allowing for a 60-day comment 20. response time, should be directed to the period. This notice allows for an Estimated Time Per Respondent: 4.5 Office of Management and Budget Desk additional 30 days for public comments. hours. This process is conducted in accordance Estimated Total Annual Burden Officer at [email protected]. with 5 CFR 1320.10. Hours: 90. SUPPLEMENTARY INFORMATION: The DATES: Written comments should be Estimated Total Annualized Cost on Bureau of Customs and Border received on or before November 20, the Public: $1,350. Protection (CBP) encourages the general 2006. If additional information is required public and affected Federal agencies to submit written comments and ADDRESSES: contact: Tracey Denning, Bureau of Written comments and/or suggestions on proposed and/or suggestions regarding the items Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Room continuing information collection contained in this notice, especially the requests pursuant to the Paperwork estimated public burden and associated 3.2.C, Washington, DC 20229, at 202– 344–1429. Reduction Act of 1995 (Pub. L. 104–13). response time, should be directed to the Your comments should address one of Office of Management and Budget Desk Dated: October 12, 2006. the following four points: Officer at [email protected]. Tracey Denning, (1) Evaluate whether the proposed SUPPLEMENTARY INFORMATION: CBP Agency Clearance Officer, Information collection of information is necessary encourages the general public and Services Branch. for the proper performance of the affected Federal agencies to submit [FR Doc. E6–17443 Filed 10–18–06; 8:45 am] functions of the agency/component, written comments and suggestions on BILLING CODE 9111–14–P including whether the information will proposed and/or continuing information have practical utility; collection requests pursuant to the (2) Evaluate the accuracy of the Paperwork Reduction Act of 1995 (Pub. DEPARTMENT OF HOMELAND agency’s/component’s estimate of the L. 104–13). Your comments should SECURITY burden of the proposed collection of address one of the following four points: information, including the validity of Bureau of Customs and Border (1) Evaluate whether the proposed the methodology and assumptions used; Protection collection of information is necessary (3) Enhance the quality, utility, and for the Proper performance of the Agency Information Collection clarity of the information to be functions of the agency/component, Activities: Application for Allowance in collected; and including whether the information will Duties (4) Minimize the burden of the have practical utility; collections of information on those who (2) Evaluate the accuracy of the AGENCY: Bureau of Customs and Border are to respond, including the use of agencies/components estimate of the Protection, Department of Homeland appropriate automated, electronic, burden of the proposed collection of Security. mechanical, or other technological

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collection techniques or other forms of 4181 (telephone: 503–231–2063; fax: wish us to withhold your name and/or information technology, e.g., permitting 503–231–6243). Please refer to the address, you must state this electronic submission of responses. respective permit number for each prominently at the beginning of your Title: Application for Allowance in application when submitting comments. comment, but you should be aware that Duties. All comments received, including we may be required to disclose your OMB Number: 1651–0007. names and addresses, will become part name and address pursuant to the Form Number: Form CBP–4315. of the official administrative record and Freedom of Information Act. However, Abstract: This collection is required may be made available to the public. we will not consider anonymous by the CBP in instances of claims of FOR FURTHER INFORMATION CONTACT: comments. We will make all damaged or defective merchandise on Linda Belluomini, Fish and Wildlife submissions from organizations or which an allowance in duty is made in Biologist, at the above Portland address. businesses, and from individuals the liquidation of the entry. The SUPPLEMENTARY INFORMATION: The identifying themselves as information is used to substantiate following applicants have applied for representatives or officials of importer’s claims for such duty scientific research permits to conduct organizations or businesses, available allowances. certain activities with endangered for public inspection in their entirety. Current Actions: This submission is to species pursuant to section 10(a)(1)(A) Comments and materials received will extend the expiration date without a of the Endangered Species Act (16 be available for public inspection, by change to the burden hours. U.S.C. 1531 et seq.). The U.S. Fish and appointment, during normal business Type of Review: Extension (without Wildlife Service (‘‘we’’) solicits review hours at the above address. change). and comment from local, State, and Dated: September 28, 2006. Affected Public: Businesses, Federal agencies, and the public on the Linda Belluomini, Individuals, Institutions. following permit requests. Acting Manager, California/Nevada Estimated Number of Respondents: Permit No. TE–131084 Operations Office, U.S. Fish and Wildlife 12,000. Service. Applicant: Angie Harbin-Ireland, Estimated Time per Respondent: 8 [FR Doc. 06–8766 Filed 10–18–06; 8:45 am] minutes. Walnut Creek, California. Estimated Total Annual Burden The applicant requests a permit to BILLING CODE 4310–55–P Hours: 1,600. take (capture, measure, and release) the Estimated Total Annualized Cost on California tiger salamander (Ambystoma DEPARTMENT OF THE INTERIOR the Public: $29,000. californiense) in conjunction with If additional information is required surveys throughout the species range in Fish and Wildlife Service contact: Tracey Denning, Bureau of California for the purpose of enhancing Customs and Border Protection, 1300 its survival. Sport Fishing and Boating Partnership Pennsylvania Avenue, NW., Room Permit No. TE–131083 Council 3.2.C, Washington, DC 20229, at 202– AGENCY: Fish and Wildlife Service, 344–1429. Applicant: Lynn Hermansen, Walnut Creek, California. Interior. Dated: October 12, 2006. The applicant requests a permit to ACTION: Notice of meeting. Tracey Denning, take (capture, measure, and release) the Agency Clearance Officer, Information California tiger salamander (Ambystoma SUMMARY: The Fish and Wildlife Service Services Branch. californiense) in conjunction with announces that the Sport Fishing and [FR Doc. E6–17444 Filed 10–18–06; 8:45 am] surveys throughout the species range in Boating Partnership Council (Council) BILLING CODE 9111–14–P California for the purpose of enhancing will meet November 8–9, 2006. its survival. DATES: The meeting will be held on Wednesday, November 8, 2006, from 12 Permit No. TE–128295 DEPARTMENT OF THE INTERIOR p.m. to 5 p.m., and on Thursday, Applicant: Nicolas H. Bauer, Arcata, November 9, 2006, from 8:30 a.m. to 1 Fish and Wildlife Service California. p.m. Members of the public wishing to The applicant requests a permit to attend the meeting must notify Douglas Endangered Species Recovery Permit take (harass by survey, capture, handle, Hobbs by close of business on Monday, Applications and release) the tidewater goby November 6, 2006, per instructions (Eucyclogobius newberryi) in AGENCY: under SUPPLEMENTARY INFORMATION. Fish and Wildlife Service, conjunction with surveys throughout Interior. ADDRESSES: The meeting will be held at the species range in California for the the Mills House Hotel, 115 Meeting ACTION: Notice of receipt of permit purpose of enhancing its survival. Street, Charleston, SC 29401; telephone applications; request for comment. We solicit public review and (843) 577–2400. comment on each of these recovery SUMMARY: We invite the public to permit applications. Our practice is to FOR FURTHER INFORMATION CONTACT: comment on the following applications make comments, including names and Douglas Hobbs, Council Coordinator, to conduct certain activities with home addresses of respondents, 4401 North Fairfax Drive, Mailstop endangered species. available for public review during 3103–AEA, Arlington, Virginia 22203; DATES: Comments on these permit regular business hours. Individual telephone (703) 358–2336; fax (703) applications must be received on or 358–2548; or via e-mail at respondents may request that we _ before November 20, 2006. withhold their home addresses from the doug [email protected]. ADDRESSES: Written data or comments record, which we will honor to the SUPPLEMENTARY INFORMATION: In should be submitted to the U.S. Fish extent allowable by law. There also may accordance with the requirements of the and Wildlife Service, Chief, Endangered be circumstances in which we would Federal Advisory Committee Act, 5 Species, Ecological Services, 911 NE. withhold from the record a respondent’s U.S.C. App., notice is hereby given that 11th Avenue, Portland, Oregon 97232– identity, as allowable by law. If you the Sport Fishing and Boating

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Partnership Council will meet on Individuals and representatives of New Zealand Mudsnail (Potamopyrgus Wednesday, November 8, 2006, from 12 organizations who would like to offer antipodarum).’’ The draft was prepared p.m. to 5 p.m., and on Thursday, comments and suggestions related to the by the New Zealand Mudsnail Working November 9, 2006, from 8:30 a.m. to 1 Council’s affairs are invited to request a Group of the Aquatic Nuisance Species p.m. at the Mills House Hotel in place on the agenda. On November 9, Task Force. We are seeking public Charleston, South Carolina. 2006, time will be reserved for public comments on this draft document. The Council was formed in January comments, and speaking times will be Comments received will be considered 1993 to advise the Secretary of the assigned on a first-come, first-served during the preparation of the final Interior, through the Director, U.S. Fish basis. The amount of time per speaker national management and control plan, and Wildlife Service, about sport fishing will be determined by the number of which will guide cooperative and and boating issues. The Council requests received, but is likely to be 5 integrated management of Zealand represents the interests of the public minutes each. Questions from the public mudsnails in the United States. and private sectors of the sport fishing will not be considered during this DATES: Submit your comments on the and boating communities and is period. Speakers who wish to expand draft ‘‘National Management and organized to enhance partnerships upon their oral statements, those who Control Plan for the New Zealand among industry, constituency groups, had wished to speak but could not be Mudsnail (Potamopyrgus and government. The 18-member accommodated on the agenda, and those antipodarum)’’ by December 4, 2006. Council, appointed by the Secretary of who were unable to attend in person are ADDRESSES: The draft document is the Interior, includes the Director of the invited to submit written statements to available from the Executive Secretary, Service and the president of the the Sport Fishing and Boating Aquatic Nuisance Species Task Force, Association of Fish and Wildlife Partnership Council, 4401 North Fairfax U.S. Fish and Wildlife Service, 4401 Agencies, who both serve in ex officio Drive, Mailstop 3103–AEA, Arlington, North Fairfax Drive, Arlington, VA, (by virtue of office) capacities. Other Virginia 22203; via fax at (703) 358– 22203; FAX (703) 358–1800. It also is Council members are Directors from 2548; or via e-mail to _ available on our Web page at http:// State agencies responsible for managing doug [email protected]. www.anstaskforce.gov/. Comments may All visitors are required to pre-register recreational fish and wildlife resources be hand-delivered, mailed, or sent by to be admitted. Anyone wishing to and individuals who represent the fax to the address listed above. You may attend this meeting must register by interests of saltwater and freshwater send comments by e-mail to: close of business Monday, November 6, recreational fishing, recreational [email protected]. boating, the recreational fishing and 2006. Please submit your name, boating industries, recreational fisheries estimated time of arrival, e-mail FOR FURTHER INFORMATION CONTACT: resource conservation, aquatic resource address, and phone number to Douglas Scott Newsham, Executive Secretary, outreach and education, and tourism. Hobbs, and he will provide you with Aquatic Nuisance Species Task Force, at _ Background information on the instructions for admittance. Mr. Hobbs’ scott [email protected] or (703) 358– _ Council is available at http:// e-mail address is doug [email protected] 1796. www.fws.gov/sfbpc. The Council will and his phone number is (703) 358– SUPPLEMENTARY INFORMATION: The New convene to discuss: (1) The Council’s 2336. Zealand mudsnail (Potamopyrgus continuing role in providing input to Summary minutes of the conference antipodarum) is indigenous to New the Fish and Wildlife Service on the will be maintained by the Council Zealand and its adjacent islands. In New Service’s strategic plan for its Fisheries Coordinator at 4401 N. Fairfax Drive, Zealand, the snails have been found in Program; (2) the Council’s work in MS–3101–AEA, Arlington, VA 22203, nearly every aquatic habitat including addressing the issue of boating and and will be available for public large rivers, forested tributary streams, fishing access; (3) the Council’s work in inspection during regular business thermal springs, ponds, glacial lakes, its role as a facilitator of discussions hours within 30 days following the and estuaries. Over the past 150 years, with Federal and State agencies and meeting. Personal copies may be New Zealand mudsnails have spread in other sport fishing and boating interests purchased for the cost of duplication. three continents. concerning a variety of national boating Dated: September 26, 2006. Three different clones of New Zealand and fisheries management issues; (4) the Marshall P. Jones, Jr., mudsnails have been identified in the Council’s work to assess the clean Acting Director. United States: one is found in Lakes Vessel Act Grant Program; (5) a possible [FR Doc. E6–17418 Filed 10–18–06; 8:45 am] Ontario, Erie and Superior and is the Council role in communicating with BILLING CODE 4310–55–P same as Clone A found in Europe; the partners and stakeholders about the second is found in nine western States, Sport Fish Restoration and Boating having spread out from an initial Trust Fund; and (6) the Council’s role in DEPARTMENT OF THE INTERIOR population in the Snake River in Idaho; providing the Secretary of the Interior and the third has recently been with information about the Fish and Wildlife Service identified in the Snake River, Idaho. It implementation of the Strategic Plan for is speculated that the eastern U.S. clone the National Outreach and Draft National Management and came in ballast water from Europe and Communications Program, authorized Control Plan for the New Zealand the western U.S. clones came from the by the 1998 Sportfishing and Boating Mudsnail (Potamopyrgus antipodarum) commercial movement of aquaculture Safety Act, that is now being AGENCY: Fish and Wildlife Service, products such as trout eggs or live fish implemented by the Recreational Interior. from Australia or New Zealand. Boating and Fishing Foundation, a ACTION: Notice of document availability The introduced populations of these private, nonprofit organization. The and request for comments. tiny snails (up to 6 mm) are mostly all agenda may change to accommodate female, and the snails are live bearers. Council business. The final agenda will SUMMARY: This notice announces the Males are present only rarely in North be posted on the Internet at http:// availability of the draft ‘‘National America. Densities of New Zealand www.fws.gov/sfbpc. Management and Control Plan for the mudsnails fluctuate widely, reaching

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500,000 snails per square meter in some DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR locations. Bureau of Land Management A database established on the ‘‘New Bureau of Land Management Zealand Mudsnail in the Western USA’’ [NV–065–5870–EU; N–74961] Web site (http://www.esg.montana.edu/ [NM–910–07–0777–XX] aim/mollusca/nzms/) is being used to Notice of Public Meeting, New Mexico Notice of Realty Action: Direct (Non- track new populations and keep people Resource Advisory Council Meeting Competitive) Sale of Public Lands, informed about the latest research. A Esmeralda County, NV map showing affected watersheds is AGENCY: Bureau of Land Management, kept current by the Department of AGENCY: Bureau of Land Management, Department of the Interior. Ecology at Montana State University- Interior. Bozeman. ACTION: Notice of public meeting. ACTION: Notice of Realty Action. In 2003, the Aquatic Nuisance Species SUMMARY: A 16.06 acre parcel of public SUMMARY: In accordance with the Task Force (ANSTF), which is land located near Dyer, Esmeralda Federal Land Policy and Management authorized by the Nonindigenous County, Nevada, has been examined and Act and the Federal Advisory Aquatic Nuisance Prevention and found suitable for sale utilizing direct Control Act of 1990 (16 U.S.C. 4701 et Committee Act of 1972, the U.S. sale procedures. The authority for the seq.), established the New Zealand Department of the Interior, Bureau of sale is found under sections 203 and Mudsnail Management Plan Working Land Management, New Mexico 209 of the Federal Land Policy and Group (Working Group) to create a Resource Advisory Council (RAC), will Management Act of 1976 (FLPMA) [Pub. national management and control plan meet as indicated below. L. 94–579]. for New Zealand mudsnails. The goal of DATES: The meeting dates are December DATES: Comments regarding the the national management and control 6–7, 2006, at the Drury Inn and Suites, proposed sale or the environmental plan for New Zealand mudsnails is to 4310 The 25 Way Northeast, assessment (EA) must be received by the prevent and delay the spread to new Albuquerque, New Mexico. An optional Bureau of Land Management (BLM) on areas of the United States, reduce the field trip is planned for December 5, or before December 4, 2006. impacts of existing and new 2006. The public comment period is ADDRESSES: Comments regarding the populations, and continue developing scheduled December 5, 2006, from 6–7 proposed sale or EA, should be information to meet this goal. The p.m. at the Drury Inn and Suites. The addressed to the Assistant Field Working Group developed the following public may present written comments to Manager, BLM Tonopah Field Station, objectives: (1) Identify foci, pathways the RAC. Depending on the number of 1553 South Main Street, P.O. Box 911, and vectors; (2) develop methods of individuals wishing to comment and Tonopah, Nevada 89049. detecting new populations; (3) develop time available, oral comments may be FOR FURTHER INFORMATION CONTACT: strategies and methods to control and limited. The three established RAC Information regarding the proposed sale manage populations; (4) develop further working groups may have a late and the lands involved, can be obtained understanding of ecological and afternoon or an evening meeting. at the public reception desk at the BLM, economic impacts; and (5) increase Tonopah Field Station from 7:30 a.m. to SUPPLEMENTARY INFORMATION: public understanding of the need to deal The 15- 4:30 p.m., Monday through Friday with New Zealand mudsnails and gain member RAC advises the Secretary of (except Federal holidays), or by political support for implementing the Interior, through the Bureau of Land contacting Wendy Seley, Realty national plan objectives. Management, on a variety of planning Specialist, at the above address, or at and management issues associated with (775) 482–7800 or by e-mail at We are seeking public comments on public land management in New [email protected]. For general all aspects of the Working Group’s draft Mexico. All meetings are open to the information on BLM’s public land sale ‘‘National Management and Control public. At this meeting, topics include procedures, refer to the following Web Plan for the New Zealand Mudsnail issues on renewable and nonrenewable address: http://www.blm.gov/nhp/what/ (Potamopyrgus antipodarum).’’ Submit resources. lands/realty/sales.htm. your comments by the date listed in SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: The land DATES using one of the methods listed in is located approximately two miles west Theresa Herrera, New Mexico State ADDRESSES. of Dyer, Nevada, and lies on the west Office, Office of External Affairs, Bureau Authority: The authority for this action is side of Fish Lake Valley, Nevada. of Land Management, P.O. Box 27115, the Nonindigenous Aquatic Nuisance Santa Fe, New Mexico 87502–0115, Prevention and Control Act of 1990 (16 Mount Diablo Meridian, Nevada U.S.C. 4701 et seq.). 505.438.7517. T. 3 S., R. 35 E., Sec. 21, Lots 8, 9, 10, and 11. Dated: September 25, 2006. Dated: October 13, 2006. Linda S.C. Rundell, The area described contains 16.06 acres, Everett Wilson, more or less, in Esmeralda County. Acting Co-Chair, Aquatic Nuisance Species State Director. [FR Doc. E6–17439 Filed 10–18–06; 8:45 am] This parcel of public land is being Task Force, Acting Assistant Director— offered for sale to Della Patterson of Fisheries & Habitat Conservation. BILLING CODE 4310–FB–P Dyer, Nevada, at no less than the [FR Doc. E6–17403 Filed 10–18–06; 8:45 am] appraised fair market value (FMV) of BILLING CODE 4310–55–P $56,000.00, as determined by the authorized officer after appraisal. An appraisal report has been prepared by a state certified appraiser for the purposes of establishing FMV.

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These lands meet the criteria for 2. Oil, gas, and geothermal resources No warranty of any kind, express or direct sale, under 43 CFR 2711.3– are reserved on the land sold; implied, is given by the United States as 3(a)(5), to resolve inadvertent permittees, licensees, and lessees retain to the title, physical condition or unauthorized use and occupancy of the the right to prospect for, mine, and potential uses of the parcel of land lands. Multiple dwellings, old cars, car remove the minerals owned by the proposed for sale, and the conveyance parts, and a corral occupy the subject United States under applicable law and of any such parcel will not be on a land. The size of the unauthorized use any regulations that the Secretary of the contingency basis. It is the buyer’s has been reduced to the smallest aliquot Interior may prescribe, including all responsibility to be aware of all part identified through development of necessary access and exit rights. applicable local government policies a supplemental plat. These lands are not 3. All existing and valid land uses, and regulations that would affect the required for Federal purposes. The including livestock grazing leases, subject lands. It is also the buyer’s disposal (sale) of the parcel would serve unless waived. responsibility to be aware of existing or an important public objective by 4. Valid existing rights. prospective uses of nearby properties. resolving the management costs of an 5. The purchaser/patentee, by Any land lacking access from a public inadvertent unauthorized use of the accepting patent, agrees to indemnify, road or highway will be conveyed as public lands. As such, these lands meet defend, and hold the United States such, and future access acquisition will the criteria found under Title 43 CFR harmless from any costs, damages, be the responsibility of the buyer. 2710.0–3(a)(3) which states ‘‘Such tract, claims, causes of action, penalties, fines, In the event of a sale, the unreserved because of its location or other liabilities, and judgments of any kind mineral interests will be conveyed characteristics is difficult and arising from the past, present or future simultaneously with the sale of the uneconomic to manage as part of the acts or omissions of the patentee, its land. These unreserved mineral public lands and is not suitable for employees, agents, contractors, or interests have been determined to have management by another Federal lessees, or any third party arising out of no known mineral value pursuant to 43 department or agency.’’ Direct sale or in connection with the patentee’s use CFR 2720.2(a). Acceptance of the sale and/or occupancy of the patented real would not change the status quo in that offer will constitute an application for property resulting in: (1) Violations of no other land uses are expected for conveyance of those unreserved mineral Federal, State, and local laws and these lands. These lands are identified interests. The purchaser will be required regulations that are now, or in the future as suitable for disposal in the BLM to pay a $50.00 non-refundable filing fee become, applicable to the real property; Tonopah Resource Management Plan for conveyance of the available mineral (2) Judgments, claims or demands of any (RMP) approved in October 1997. The interests. The purchaser will have 30 kind assessed against the United States; proposed disposal action is consistent days from the date of receiving the sale (3) Costs, expenses, or damages of any with the objectives, goals, and decisions offer to accept the offer and to submit kind incurred by the United States; (4) of the RMP. a deposit of 20 percent of the purchase Releases or threatened releases of solid price, the $50.00 filing fee for The BLM provided a 30-day comment or hazardous waste(s) and/or hazardous conveyance of mineral interests, and for period for the preliminary EA as part of substances(s), as defined by Federal or payment of publication costs. The its public involvement. All comments State environmental laws, off, on, into purchaser must remit the remainder of received have been considered and or under land, property, and other the purchase price within 180 days from incorporated into the EA and Decision interests of the United States; (5) Other the date the sale offer is received. Record. The environmental assessment, activities by which solids or hazardous Payments must be by certified check, EA Number NV065–EA06–066, Decision substances or wastes, as defined by postal money order, bank draft or Record, Environmental Site Assessment, Federal and State environmental laws cashiers check. payable to the U.S. map, and approved appraisal report are generated, released, stored, used, or Department of the Interior—BLM. covering the proposed sale, are available otherwise disposed of on the patented Failure to meet conditions established for review at the BLM, Tonopah Field real property, and any cleanup for this sale will void the sale and any Station, Tonopah, Nevada. response, remedial action or other monies received will be forfeited. Segregation actions related in any manner to said solid or hazardous substances or wastes; Public Comments Publication of this Notice in the or (6) Natural resource damages as The subject parcel of land will not be Federal Register segregates the subject defined by Federal and State law. This offered for sale prior to the 60-day lands from all appropriations under the covenant shall be construed as running publication of this notice of realty public land laws, including the general with the patented real property and may action. For a period until December 4, mining laws, except sale under the be enforced by the United States in a 2006, interested parties may submit Federal Land Policy and Management court of competent jurisdiction. written comments to the BLM Tonopah Act of 1976. The segregation will 6. Pursuant to the requirements Field Station, P.O. Box 911, Tonopah, terminate upon issuance of the patent, established by section 120(h) of the Nevada 89049. Facsimiles, telephone upon publication in the Federal Comprehensive Environmental calls, and electronic mails are Register of a termination of the Response, Compensation and Liability unacceptable means of notification. segregation or July 16, 2007, which ever Act (CERCLA), (42 U.S.C. 9620(h)), as Comments including names and street occurs first. amended by the Superfund addresses of respondents will be Terms and Conditions of Sale Amendments and Reauthorization Act available for public review at the of 1988, (100 Stat.1670), notice is hereby Tonopah Field Station during regular The patent issued would contain the given that the above-described lands business hours, except holidays. following reservations, covenants, terms have been examined and no evidence Individual respondents may request and conditions: was found to indicate that any confidentiality. If you wish to withhold 1. A right-of-way thereon for ditches hazardous substances have been stored your name or address from public and canals constructed by authority of for one year or more, nor had any disclosure under the Freedom of the United States, Act of August 30, hazardous substances been disposed of Information Act, you must state this 1890 (43 U.S.C. 945). or released on the subject property. prominently at the beginning of your

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comments. Any determination by the the meanders of the present left bank of the DATES: Submit written comments by BLM to release or withhold the names Missouri River, downstream through sections November 20, 2006. 14 and 15, and through a portion of section and/or addresses of those who comment ADDRESSES: You may submit comments will be made on a case-by-case basis. 16, the limits of erosion, downstream through sections 14 and 15, the meanders of the on this information collection directly Such requests will be honored to the former left bank of certain relicted channels to the Office of Management and Budget extent allowed by law. in sections 14 and 15, and the medial line of (OMB), Office of Information and Any adverse comments will be certain relicted channels in sections 14 and Regulatory Affairs, OMB, Attention: reviewed by the Nevada State Director, 15, certain division of accretion and partition Desk Officer for the Department of the who may sustain, vacate, or modify this lines, and two islands Tracts 37 and 38, Interior via OMB e-mail: realty action and issue a final Township 27 North, Range 50 East, Principal ([email protected]); or by determination. In the absence of timely Meridian, Montana, was accepted October 5, fax (202) 395–6566; identify with (1010– filed objections, this realty action will 2006. NEW). become the final determination of the We will place a copy of the plat, in Submit a copy of your comments to Department of the Interior. 2 sheets, and related field notes we the Department of the Interior, MMS, (Authority: 43 CFR 2711.1–2(a)) described in the open files. They will be via: • Dated: August 31, 2006. available to the public as a matter of MMS’s Public Connect on-line information. commenting system, https:// Alan R. Buehler, If BLM receives a protest against this ocsconnect.mms.gov. Follow the Acting Assistant Field Manager, Tonopah. survey, as shown on this plat, in 2 instructions on the Web site for [FR Doc. E6–17399 Filed 10–18–06; 8:45 am] sheets, prior to the date of the official submitting comments. BILLING CODE 4310–HC–P filing, we will stay the filing pending • E-mail MMS at our consideration of the protest. [email protected]. Use Information Collection Number 1010– DEPARTMENT OF THE INTERIOR We will not officially file this plat, in 2 sheets, until the day after we have NEW, CIAP, in the subject line. • Fax: 703–787–1093. Identify with Bureau of Land Management accepted or dismissed all protests and they have become final, including Information Collection Number 1010– [MT–926–07–1420–BJ–TRST] decisions or appeals. NEW, CIAP. • Mail or hand-carry comments to the Montana: Filing of Plat of Survey Dated: October 12, 2006. Department of the Interior; Minerals Thomas M. Deiling, AGENCY: Bureau of Land Management, Management Service; Attention: Rules Chief Cadastral Surveyor, Division of Montana State Office, Interior. Processing Team (RPT); 381 Elden Resources. Street, MS–4024; Herndon, Virginia ACTION: Notice of Filing of Plat of [FR Doc. E6–17422 Filed 10–18–06; 8:45 am] Survey. 20170–4817. Please reference BILLING CODE 4310–$$–P ‘‘Information Collection 1010-NEW, SUMMARY: The Bureau of Land CIAP’’ in your comments. Management (BLM) will file the plat of FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR survey of the lands described below in Cheryl Blundon, Rules Processing the BLM Montana State Office, Billings, Minerals Management Service Team, (703) 787–1600. You may also Montana, (30) days from the date of contact Cheryl Blundon to obtain a publication in the Federal Register. Agency Information Collection copy, at no cost, of the ICR and the FOR FURTHER INFORMATION CONTACT: Activities: Submitted for Office of authority that require the subject Marvin Montoya, Cadastral Surveyor, Management and Budget (OMB) collection of information. Branch of Cadastral Survey, Bureau of Review; Comment Request SUPPLEMENTARY INFORMATION: Land Management, 5001 Southgate Title: Coastal Impact Assistance Drive, Billings, Montana 59101–4669, AGENCY: Minerals Management Service Program. telephone (406) 896–5124 or (406) 896– (MMS), Interior. OMB Control Number: 1010–NEW. 5009. ACTION: Notice of a new information Abstract: With the passage of the SUPPLEMENTARY INFORMATION: This collection (1010–NEW). Energy Policy Act of 2005 (EPAct), the survey was executed at the request of Minerals Management Service (MMS) the Regional Director, Rocky Mountain SUMMARY: To comply with the was given responsibility for the Coastal Region, Billings, Montana, and was Paperwork Reduction Act of 1995 Impact Assistance Program (CIAP) necessary to determine Trust and Tribal (PRA), we are notifying the public that through the amendment of Section 31 of lands. we have submitted to OMB an the Outer Continental Shelf Lands Act information collection request (ICR) for The lands we surveyed are: (43 U.S.C. 1356a Appendix A). The a new approval of the paperwork program was authorized for FY 2007, Principal Meridian, Montana requirements that address the narrative 2008, 2009, and 2010. T. 27 N., R. 50 E. portion only of MMS’s Coastal Impact The CIAP recognizes that impacts The plat, in 2 sheets, representing the Assistance Program (CIAP) which is a from Outer Continental Shelf (OCS) oil corrective dependent resurvey of a portion of grant program. and gas activities fall disproportionately the subdivisional lines, a portion of the The Energy Policy Act of 2005 gave on the coastal states and localities subdivision of sections 15 and 16, and the responsibility to MMS for CIAP by nearest to where the activities occur, division of accretion lines in sections 15 and amending Section 31 of the Outer and where associated facilities are 16, and the dependent resurvey of a portion Continental Shelf Lands Act (43 U.S.C. located. The CIAP legislation of the subdivisional lines, a portion of the 1356a; Appendix A). subdivision of sections 14, 15, and 16, the appropriates money for eligible states adjusted original meanders of the former left This notice also provides the public a and coastal political subdivisions for bank of the Missouri River, downstream second opportunity to comment on the coastal restoration/improvement through sections 14, 15, and 16, and the paperwork burden of these regulatory projects. MMS shall disburse $250 subdivision of section 14, and the survey of requirements. million for each FY 2007 through 2010

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to eligible producing states and coastal occasion basis. The estimated annual public comments by November 20, political subdivisions (CPSs) through a ‘‘hour’’ burden for this information 2006. grant program. The funds allocated to collection is a total of 12,600 hours. We Public Comment Procedures: MMS’s each state are based on the proportion expect each project narrative will take practice is to make comments, including of qualified OCS revenues offshore the 42 hours to complete. We anticipate an names and addresses of respondents, individual state to total qualified OCS average of 300 projects per year. Based available for public review. If you wish revenues from all states. In order to on a cost factor of $50 per hour, we your name and/or address to be receive funds, the states submit CIAP estimate the total annual cost to withheld, you must state this narratives detailing how the funds will industry is $630,000 (42 hrs × 300 prominently at the beginning of your be expended. Alabama, Alaska, projects = 12,600 hrs × $50 per hour = comment. MMS will honor the request California, Louisiana, Mississippi, and $630,000). to the extent allowable by the law; Texas are the only eligible states under Estimated Reporting and however, anonymous comments will EPAct. Counties, parishes, or equivalent Recordkeeping ‘‘Non-Hour Cost’’ not be considered. There may be units of government within those states Burden: We have identified no circumstances in which we would lying all or in part within the coastal paperwork ‘‘non-hour cost’’ burdens withhold from the record a respondent’s zone, as defined by section 304(1) of the associated with the collection of identity, as allowable by the law. If you Coastal Zone Management Act (CZMA) information. wish us to withhold your name and/or 1972, as amended, are the coastal Public Disclosure Statement: The PRA address, you must state this political subdivisions eligible for CIAP (44 U.S.C. 3501, et seq.) provides that an prominently at the beginning of your funding, a total of 67 local jurisdictions. agency may not conduct or sponsor a comment. In addition, you must present To approve a plan, legislation requires collection of information unless it a rationale for withholding this that the Secretary of the Interior must be displays a currently valid OMB control information. This rationale must able to determine that the funds will be number. Until OMB approves a demonstrate that disclosure ‘‘would used in accordance with EPAct criteria collection of information, you are not constitute an unwarranted invasion of and that projects will use the funds obligated to respond. privacy.’’ Unsupported assertions will according to the EPAct. To confirm Comments: Section 3506(c)(2)(A) of not meet this burden. In the absence of appropriate use of funds, MMS requires the PRA (44 U.S.C. 3501, et seq.) exceptional, documentable affirmation of grantees meeting Federal, requires each agency ‘‘* * * to provide circumstances, this information will be state, and local laws and adequate notice * * * and otherwise consult released. All submissions from project descriptions. To accomplish with members of the public and affected organizations or businesses, and from this, MMS is providing in its CIAP agencies concerning each proposed individuals identifying themselves as Environmental Assessment a suggested collection of information * * *’’ representatives or officials of narrative format to be followed by each Agencies must specifically solicit organizations or businesses, will be applicant for a CIAP grant. This comments to: (a) Evaluate whether the made available for public inspection in narrative will assist MMS in its review proposed collection of information is their entirety. of applications to determine that necessary for the agency to perform its MMS Information Collection adequate and appropriate measures duties, including whether the Clearance Officer: Arlene Bajusz (202) were taken to meet the laws that affect 208–7744. the proposed coastal projects. This information is useful; (b) evaluate the narrative will be submitted accuracy of the agency’s estimate of the Dated: August 2, 2006. electronically as part of the grant burden of the proposed collection of E.P. Danenberger, application. At that time, applicants information; (c) enhance the quality, Chief, Office of Offshore Regulatory Programs. will be obliged to fill out several OMB- usefulness, and clarity of the [FR Doc. E6–17514 Filed 10–18–06; 8:45 am] information to be collected; and (d) approved standard forms as well. Most BILLING CODE 4310–MR–P of the eligible states and CPSs, as minimize the burden on the experienced grant applicants, will be respondents, including the use of familiar with this narrative request. automated collection techniques or DEPARTMENT OF THE INTERIOR This information collection request other forms of information technology. (ICR) addresses the narrative portion To comply with the public Bureau of Reclamation consultation process according to only of the MMS CIAP grant program. Upper Truckee River and Marsh Frequency: On occasion. section 3506(c)(2)(A) of the PRA (44 Estimated Number and Description of U.S.C. 3501, et seq.), we published a Restoration Project, El Dorado County, Respondents: Approximately 73 total Federal Register notice (71 FR 29666, CA respondents. This includes 6 states and May 23, 2006) outlining the collection AGENCY: Bureau of Reclamation, 67 boroughs, parishes, etc. of information and announcing that we Interior. would submit this ICR to OMB for Estimated Reporting and ACTION: Notice of intent to prepare an Recordkeeping ‘‘Hour’’ Burden: The approval. The notice provided the environmental impact statement/ estimated annual ‘‘hour’’ burden for this required 60-day comment period. We environmental impact statement/ information collection is a total of have received no comments in response environmental impact report (EIS/EIS/ 12,600 hours. In calculating the to this effort. EIR) and notice of scoping meetings. burdens, we assumed that respondents If you wish to comment in response perform certain requirements in the to this notice, you may send your SUMMARY: Pursuant to section 102(2)(c) normal course of their activities. We comments to the offices listed under the of the National Environmental Policy consider these to be usual and ADDRESSES section of this notice. OMB Act (NEPA), the Tahoe Regional customary and took that into account in has up to 60 days to approve or Planning Agency (TRPA) Compact and estimating the burden. There are disapprove the information collection Chapter 5 of the TRPA Code of approximately six states and 67 but may respond after 30 days. Ordinances, and the California parishes, boroughs, counties, etc. Therefore, to ensure maximum Environmental Quality Act (CEQA), the Submissions are generally on an consideration, OMB should receive Department of the Interior, Bureau of

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Reclamation (Reclamation), the TRPA, FOR FURTHER INFORMATION CONTACT: Ms. restoration of 12 acres of wetland and the California Tahoe Conservancy Myrnie Mayville, Environmental through fill removal as the LWS Project (Conservancy), intend to prepare a joint Specialist, Bureau of Reclamation, Mid- in 2001. Construction commenced in EIS/EIS/EIR. The EIS/EIS/EIR would Pacific Region, 2800 Cottage Way, Room the summer of 2001 and was completed evaluate a joint Reclamation and TRPA E–2606, Sacramento, CA, 95825–1898, in the summer of 2003. In 2000, the restoration project along the reach of the (916) 978–5037, mmayville@mp. Conservancy purchased 311 acres of Upper Truckee River that extends from usbr.gov; Ms. Jacqui Grandfield at the land in the center of the marsh from a U.S. Highway 50 north to Lake Tahoe above address or (530) 542–5580, private party, bringing nearly the entire and its adjacent wetland. The purpose [email protected] Truckee Marsh into public ownership. of the proposed action is to restore or Mr. Mike Elam, Associate Currently, the majority of the study area natural geomorphic processes and Environmental Planner, Tahoe Regional is owned by the Conservancy, including ecological functions in this lowest reach Planning Agency, P.O. Box 5310, the marsh and meadows surrounding of the Upper Truckee River and the Stateline, NV, 89448 or (775) 588–4547 the lower reach of Trout Creek. surrounding marsh to improve ext. 308, [email protected]. Restoration concepts encompassing the ecological values of the study area and SUPPLEMENTARY INFORMATION: whole marsh and the lower reach of the help reduce the river’s discharge of river could be developed after the nutrients and sediment that diminish Background acquisition. As part of this process, the Lake Tahoe’s clarity. The Upper Truckee River has been Conservancy has also conducted public The Upper Truckee River and Marsh substantially altered by land practices access and recreation use management Restoration Project is identified in during the past 150 years. Throughout planning for the river, marsh, and TRPA’s Environmental Improvement its watershed, the river has experienced beach. Initially, the Conservancy defined Program (EIP) as a project that is ecosystem degradation typical of what necessary to restore and maintain project objectives and desired outcomes has occurred elsewhere in the Basin. environmental thresholds for the Lake to direct the restoration planning The river has been modified from its Tahoe Basin. EIP projects are designed process. A comprehensive evaluation original conditions by human activities, to achieve and maintain environmental and documentation of the existing such as logging; livestock grazing; roads; thresholds that protect Tahoe’s unique natural processes and functions in the golf courses; an airport; and residential, and valued resources. study area were conducted to begin the commercial and industrial Two public scoping meetings will be alternatives planning process. This developments. These conditions have held to solicit comments from interested evaluation enabled the identification of resulted in increased sediment and parties to assist in determining the potential restoration opportunities and scope of the environmental analysis, nutrient loads discharging into Lake constraints. Armed with detailed including the alternatives to be Tahoe from the river, which contribute information about the river and marsh addressed, and to identify the to the declining clarity of the lake. processes and ecological functions, the significant environmental issues related Human influences have also resulted in Conservancy hosted a design charrette to the proposed action. reduced habitat quality for plant, (i.e., interactive workshop) for agencies wildlife, and fish species in the DATES: The public scoping meeting and other stakeholders to identify the watershed. Restoration of natural dates are: spectrum of potentially feasible • Tuesday, October 24, 2006, 12 to 2 processes and ecological functions of restoration ideas to be considered in the p.m., South Lake Tahoe, California. the river is an important part of the development of concept plan • Tuesday, October 24, 2006, 6 to 8 response to the decline in lake clarity. alternatives. Four alternative concept p.m., South Lake Tahoe, California. Restoration planning for the marsh plans, all developed to be potentially In addition, the proposed project will began in the early 1990s with studies feasible, were formulated to represent a be an agenda item at a TRPA Governing conducted by the University of reasonable range of restoration Board Meeting on Wednesday, October California. In 1995, the Conservancy approaches. The four concepts 25, 2006 in Stateline, Nevada (see commissioned a restoration planning generated by this extensive process are agenda item at http://www.trpa.org/ and design study, which identified a four action alternatives being evaluated default.aspx?tabid=258). tentatively preferred river restoration in the EIS/EIS/EIR. A preferred All comments are requested to be concept 2 years later. However, it was alternative will be identified after public received by October 31, 2006. determined that river restoration review of the alternatives and public ADDRESSES: Scoping meetings will be required use of the entire Upper comments are received on the Draft EIS/ held at the Inn By The Lake, Sierra Truckee Marsh and, at that time the east EIS/EIR. Nevada Room, 3300 Lake Tahoe side of the marsh was not owned by the To date, key stages of the Upper Boulevard, South Lake Tahoe, CA Conservancy; therefore, this tentatively Truckee River and Wetland Restoration 96150. selected concept could not be pursued. project have included the following: The TRPA meeting will be held at the In 1998, the Conservancy began • Evaluating existing natural TRPA Governing Board Rooms, 128 planning and design of an initial phase processes and functions of the Upper Market Street, Stateline, NV 89449. of wetland restoration on a 23-acre Truckee River and marsh in 2000 and Written comments on the scope of the portion of a study area located on the 2001. environmental document, alternatives, east side of the Upper Truckee River • Establishing project objectives and and impacts to be considered should be near Lake Tahoe. This is an area, called desired outcomes in 2002, and updating sent to Ms. Jacqui Grandfield, Natural the Lower West Side Wetland them in 2005. Resources Program Manager, California Restoration Project (LWS), where the • Defining restoration opportunities Tahoe Conservancy, 1061 Third Street, marsh had been previously filled during and constraints in 2002 and 2003. South Lake Tahoe, CA 96150. the construction of the adjacent Tahoe • Conducting a restoration design If you would like to be included on Keys. After careful investigations, charrette in 2003 to receive input from the EIS/EIS/EIR mailing list, please planning, and design; extensive stakeholders on project priorities, contact Ms. Grandfield by e-mail at environmental review; and community concerns and constraints, and design upper_truckee_marsh.tahoecons.ca.gov. outreach, the Conservancy approved ideas.

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• Conducting hydraulic modeling barrier to reduce wildlife disturbance, consideration will be sought through the studies to support the development and restoring sand dunes at Cove East, re- public scoping process. evaluation of project alternatives. routing an existing recreational trail, The EIS/EIS/EIR will assess potential • Initial development and and developing several new recreational impacts to any Indian Trust Assets or comparative evaluation of four components (i.e., full- and self-service environmental justice issues. There are conceptual restoration alternatives in visitor centers, pedestrian and bicycle no known Indian Trust Assets or 2004 and 2005. trails, boardwalks, viewing platforms), environmental justice issues associated • Regulatory agency review of an interpretive program, and signage. with the proposed action. Input about alternative concepts for key issues and Alternative 2 would include concerns or issues related to Indian regulatory requirements in 2005. excavation of a new channel and fill of Trust Assets are requested from • Further refinement and evaluation a portion of the existing channel, potentially affected federally recognized of the alternatives, and preparation of a constructing a new river mouth, Indian Tribes and individual Indians. Concept Plan Report (July 2006). changing the hydrologic connectivity of Our practice is to make comments, including names, home addresses, home Project Objectives the sailing lagoon, constructing a river corridor barrier to reduce wildlife phone numbers, and e-mail addresses of The following objectives were disturbance, and restoring sand dunes at respondents, available for public developed for the proposed action: review. Individual respondents may • Cove East, re-routing an existing Objective 1. Restore natural and recreational trail, constructing request that we withhold their names self-sustaining river and floodplain observation platforms, and developing and/or home addresses, etc., but if you processes and functions. wish us to consider withholding this • an interpretive program and signage. Objective 2. Protect, enhance, and Alternative 3 would include information you must state this restore naturally functioning habitats. excavation of a new channel and fill of prominently at the beginning of your • Objective 3. Restore and enhance a portion of the existing channel, comments. In addition, you must fish and wildlife habitat quality. reducing the capacity of the river present a rationale for withholding this • Objective 4. Improve water quality mouth, changing the hydrologic information. This rationale must through enhancement of natural connectivity of the sailing lagoon, re- demonstrate that disclosure would physical and biological processes. routing an existing recreational trail, constitute a clearly unwarranted • Objective 5. Protect and, where developing several new recreational invasion of privacy. Unsupported feasible, expand Tahoe yellow cress components (i.e., self-service visitor assertions will not meet this burden. In populations. the absence of exceptional, • Objective 6. Provide public access, center, pedestrian and bicycle trails, boardwalks, viewing platforms), and an documentable circumstances, this access to vistas, and environmental information will be released. We will education at the Lower West Side and interpretive program and signage. Alternative 4 would include always make submissions from Cove East Beach. organizations or businesses, and from • Objective 7. Avoid increasing flood excavation of portions of the meadow surface along the corridor of the existing individuals identifying themselves as hazard on adjacent private property. representatives or officials of • Objective 8. Design with sensitivity channel to create an inset floodplain, reducing the capacity of the river organizations or businesses, available to the site’s history and cultural for public inspection in their entirety. heritage. mouth, constructing a river corridor • Objective 9. Design the wetland/ barrier to reduce wildlife disturbance, Robert Eckart, urban interface to help provide habitat (i.e., self-service visitor center, Acting Regional Environmental Officer, Mid- value and water quality benefits. pedestrian and bicycle trails, Pacific Region. • Objective 10. Implement a public boardwalks, viewing platforms), and an [FR Doc. E6–17427 Filed 10–18–06; 8:45 am] health and safety program, including interpretive program and signage. BILLING CODE 4310–MN–P mosquito monitoring and control. Under Alternative 5, existing The following alternatives will be conditions on the project site would be considered at an equal level of detail in projected into the future. INTERNATIONAL TRADE the EIS/EIS/EIR: Potential Federal involvement may COMMISSION • Alternative 1, Channel Aggradation include the approval of the proposed and Narrowing (Maximum Recreation action and partial funding of the river [Inv. No. 337-TA–585] Infrastructure); restoration component of the proposed In the Matter of Certain Engines, • Alternative 2, New Channel—West action. The EIS will be combined with Components Thereof, and Products Meadow (Minimum Recreation an EIR prepared by the Conservancy Containing the Same; Notice of Infrastructure); pursuant to the CEQA and an EIS Investigation • Alternative 3, Middle Marsh prepared by the TRPA pursuant to its Corridor (Moderate Recreation Compact and Chapter 5 of the TRPA AGENCY: U.S. International Trade Infrastructure); Code of Ordinances. Commission. • Alternative 4, Inset Floodplain Additional Information ACTION: Institution of investigation (Moderate Recreation Infrastructure); pursuant to 19 U.S.C. 1337. and The environmental review will be • Alternative 5, No Project/No conducted pursuant to NEPA, CEQA, SUMMARY: Notice is hereby given that a Action. TRPA’s Compact and Chapter 5 of the complaint was filed with the U.S. Alternative 1 would include raising TRPA Code of Ordinances, the Federal International Trade Commission on and reconfiguring a portion of the main and State Endangered Species Acts, and September 19, 2006, under section 337 channel, reconfiguring two sections of other applicable laws, to analyze the of the Tariff Act of 1930, as amended, split channel, reducing the capacity of potential environmental impacts of 19 U.S.C. 1337, on behalf of American the river mouth, changing the implementing a range of feasible Honda Motor Company, Incorporated of hydrologic connectivity of the sailing alternatives. Public input on the range Torrance, California. A supplement to lagoon, constructing a river corridor of alternatives proposed for detailed the complaint was filed on October 10,

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2006. The complaint, as supplemented, claims 1 and 2 of U.S. Patent No. Issued: October 13, 2006. alleges violations of section 337 in the 6,250,273, and whether an industry in Marilyn R. Abbott, importation into the United States and the United States exists as required by Secretary to the Commission. sale of certain engines, components subsection (a)(2) of section 337; [FR Doc. E6–17512 Filed 10–18–06; 8:45 am] thereof, and products containing the (2) For the purpose of the BILLING CODE 7020–02–P same by reason of infringement of U.S. investigation so instituted, the following Patent No. 5,706,769 and U.S. Patent are hereby named as parties upon which No. 6,250,273. The complaint further this notice of investigation shall be DEPARTMENT OF JUSTICE alleges that an industry in the United served: States exists as required by subsection Drug Enforcement Administration (a)(2) of section 337. (a) The complainant is—American The complainant requests that the Honda Motor Company, Incorporated, Importer of Controlled Substances; Commission institute an investigation 1919 Torrance Boulevard, Torrance, CA Notice of Application and, after the investigation, issue a 90501. Pursuant to 21 U.S.C. 958(i), the permanent exclusion order and a (b) The respondent is the following Attorney General shall, prior to issuing permanent cease and desist order. entity alleged to be in violation of a registration under this Section to a ADDRESSES: The complaint, except for section 337, and is the party upon bulk manufacturer of a controlled any confidential information contained which the complaint is to be served: substance in schedule I or II and prior therein, is available for inspection Wuxi Kipor Power Co., Ltd., Jingyi to issuing a regulation under 21 U.S.C. during official business hours (8:45 a.m. Road, Wangzhuang High Tech Industrial 952(a) authorizing the importation of to 5:15 p.m.) in the Office of the Development Zone Stage 3, Wuxi, such a substance, provide Secretary, U.S. International Trade Jiangsu, China 214028. manufacturers holding registrations for Commission, 500 E Street, SW., Room (c) The Commission investigative the bulk manufacture of the substance 112, Washington, DC 20436, telephone attorney, party to this investigation, is an opportunity for a hearing. 202–205–2000. Hearing impaired Vu Q. Bui, Esq., Office of Unfair Import Therefore, in accordance with 21 CFR individuals are advised that information Investigations, U.S. International Trade 1301.34(a), this is notice that on August on this matter can be obtained by Commission, 500 E Street, SW., Suite 30, 2006, Tocris Cookson, Inc., 16144 contacting the Commission’s TDD 401, Washington, DC 20436; and Westwoods Business Park, Ellisville, terminal on 202–205–1810. Persons Missouri 63021–7683, made application with mobility impairments who will (3) For the investigation so instituted, the Honorable Paul J. Luckern is by letter to the Drug Enforcement need special assistance in gaining access Administration (DEA) to be registered as to the Commission should contact the designated as the presiding administrative law judge. an importer of Marihuana (7360), a basic Office of the Secretary at 202–205–2000. class of controlled substance listed in General information concerning the Responses to the complaint and the schedule I. Commission may also be obtained by notice of investigation must be The company plans to import this accessing its Internet server at http:// submitted by the named respondents in product for non-clinical laboratory www.usitc.gov. The public record for accordance with section 210.13 of the based research only. this investigation may be viewed on the Commission’s Rules of Practice and Any manufacturer who is presently, Commission’s electronic docket (EDIS) Procedure, 19 CFR 210.13. Pursuant to or is applying to be, registered with DEA at http://edis.usitc.gov. 19 CFR 201.16(d) and 210.13(a), such to manufacture such basic class of FOR FURTHER INFORMATION CONTACT: Vu responses will be considered by the controlled substance may file comments Q. Bui, Esq., Office of Unfair Import Commission if received not later than 20 or objections to the issuance of the Investigations, U.S. International Trade days after the date of service by the proposed registration and may, at the Commission, telephone (202) 205–2582. Commission of the complaint and the same time, file a written request for a notice of investigation. Extensions of hearing on such application pursuant to Authority: The authority for institution of time for submitting responses to the 21 CFR 1301.43 and in such form as this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and complaint and the notice of prescribed by 21 CFR 1316.47. in section 210.10 of the Commission’s Rules investigation will not be granted unless Any such written comments or of Practice and Procedure, 19 CFR 210.10 good cause therefor is shown. objections being sent via regular mail (2006). Failure of a respondent to file a timely should be addressed, in quintuplicate, response to each allegation in the to the Deputy Assistant Administrator, Scope of Investigation: Having complaint and in this notice may be Office of Diversion Control, Drug considered the complaint, the U.S. deemed to constitute a waiver of the Enforcement Administration, International Trade Commission, on right to appear and contest the Washington, DC 20537, Attention: DEA October 13, 2006, ordered that— allegations of the complaint and this Federal Register Representative/ODL; or (1) Pursuant to subsection (b) of any being sent via express mail should notice, and to authorize the section 337 of the Tariff Act of 1930, as be sent to DEA Headquarters, Attention: administrative law judge and the amended, an investigation be instituted DEA Federal Register Representative/ Commission, without further notice to to determine whether there is a ODL, 2401 Jefferson Davis Highway, the respondent, to find the facts to be as violation of subsection (a)(1)(B) of Alexandria, Virginia 22301; and must be alleged in the complaint and this notice section 337 in the importation into the filed no later than November 20, 2006. United States, the sale for importation, and to enter an initial determination This procedure is to be conducted or the sale within the United States after and a final determination containing simultaneously with and independent importation of certain engines, such findings, and may result in the of the procedures described in 21 CFR components thereof, or products issuance of a limited exclusion order or 1301.34(b), (c), (d), (e) and (f). As noted containing the same by reason of cease and desist order or both directed in a previous notice published in the infringement of one or more of claims against the respondent. Federal Register on September 23, 1975, 1–5 of U.S. Patent No. 5,706,769 and By order of the Commission. (40 FR 43745–46), all applicants for

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registration to import a basic class of DEA Headquarters, Attention: DEA (d)(1) With respect to a registrant under any controlled substance listed in Federal Register Representative/ODL, section 958 who is authorized under schedule I or II are, and will continue 2401 Jefferson Davis Highway, subsection (a)(1) to import ephedrine, Alexandria, VA 22301. Comments may pseudoephedrine, or phenylpropanolamine, to be required to demonstrate to the at any time during the year the registrant may Deputy Assistant Administrator, Office be directly sent to DEA electronically by apply for an increase in the amount of such of Diversion Control, Drug Enforcement sending an electronic message to chemical that the registrant is authorized to Administration, that the requirements [email protected]. DEA import, and the Attorney General may for such registration pursuant to 21 will accept attachments to electronic approve the application if the Attorney U.S.C. 958(a), 21 U.S.C. 823(a), and 21 comments in Microsoft Word, General determines that the approval is CFR 1301.34(b), (c), (d), (e) and (f) are WordPerfect, Adobe PDF, or Excel file necessary to provide for medical, scientific, satisfied. formats only. DEA will not accept any or other legitimate purposes regarding the chemical. Dated: October 12, 2006. file format other than those specifically listed here. Note: This excerpt of the amendment is Joseph T. Rannazzisi, FOR FURTHER INFORMATION CONTACT: published for the convenience of the reader. Deputy Assistant Administrator, Office of The official text is published at 21 U.S.C. Diversion Control, Drug Enforcement Christine A. Sannerud, PhD, Chief, Drug 952(a) and (d)(1). and Chemical Evaluation Section, Drug Administration. The responsibility for establishing the [FR Doc. E6–17525 Filed 10–18–06; 8:45 am] Enforcement Administration, Washington, DC 20537, by e-mail, assessment of annual needs has been BILLING CODE 4410–09–P [email protected] or by fax, (202) 353– delegated to the Administrator of the 1263. DEA by § 0.100 of Title 28 of the Code of Federal Regulations. The SUPPLEMENTARY INFORMATION: Section DEPARTMENT OF JUSTICE Administrator, in turn, has redelegated 713 of the Combat Methamphetamine this function to the Deputy Drug Enforcement Administration Epidemic Act of 2005 (Title VII of Pub. Administrator, pursuant to the Code of L. 109–177) (CMEA) amended section [Docket No. DEA–300P] Federal Regulations Title 28 § 0.104. 306 of the Controlled Substances Act The proposed year 2007 assessment of Assessment of Annual Needs for the (CSA) (Title 21 United States Code annual needs represents those quantities List I Chemicals Ephedrine, (U.S.C.) § 826 ‘‘Production quotas for of ephedrine, pseudoephedrine, and Pseudoephedrine, and controlled substances’’) by adding phenylpropanolamine which may be Phenylpropanolamine for 2007: ephedrine, pseudoephedrine, and manufactured domestically and/or Proposed phenylpropanolamine to existing imported into the United States to language to read as follows: ‘‘The provide adequate supplies of each AGENCY: Drug Enforcement Attorney General shall determine the substance for: The estimated medical, Administration (DEA), Justice. total quantity and establish production scientific, research, and industrial needs ACTION: Notice of proposed year 2007 quotas for each basic class of controlled of the United States; lawful export assessment of annual needs. substance in schedules I and II and for requirements; and the establishment ephedrine, pseudoephedrine, and and maintenance of reserve stocks. SUMMARY: This notice proposes initial phenylpropanolamine to be year 2007 assessment of annual needs manufactured each calendar year to Calculation of the Assessment: Medical for certain List I chemicals in provide for the estimated medical, Needs of the United States for accordance with the Combat scientific, research, and industrial needs Ephedrine and Pseudoephedrine Methamphetamine Epidemic Act of of the United States, for lawful export Since the manufacture and 2005 (CMEA), enacted on March 9, requirements, and for the establishment importation of ephedrine, 2006. The Act required DEA to establish and maintenance of reserve stocks.’’ pseudoephedrine, and production quotas and import quotas for Further, § 715 of CMEA amended 21 phenylpropanolamine have not been ephedrine, pseudoephedrine, and U.S.C. § 952 ‘‘Importation of controlled previously regulated through the phenylpropanolamine. This effort was substances’’ by adding the same List I establishment of an assessment of done in order to prevent the illicit use chemicals to the existing language in annual needs, the Drug Enforcement of these three chemicals in the paragraph (a), and by adding a new Administration obtained assistance from clandestine manufacture of paragraph (d) to read as follows: a private independent contractor, IMS methamphetamine. The enactment of Health Government Solutions (IMS), to the CMEA places additional regulatory (a) Controlled substances in schedule I or II and narcotic drugs in schedule III, IV, or develop the proposed initial estimate of controls upon the manufacture, V; exceptions: the medical needs of the United States distribution, importation and It shall be unlawful to import into the of ephedrine and pseudoephedrine. exportation of the three List I chemicals. customs territory of the United States from IMS’ estimates of medical needs for DATES: Comments or objections must be any place outside thereof (but within the ephedrine and pseudoephedrine were received on or before December 4, 2006. United States), or to import into the United derived from 2005 data that the States from any place outside thereof, any ADDRESSES: To ensure proper handling company routinely collects and offers to controlled substance in schedule I or II of of comments, please reference ‘‘Docket subchapter I of this chapter, or any narcotic customers in order to understand the No. DEA–300P’’ on all written and drug in schedule III, IV, or V of subchapter pharmaceutical market. For this electronic correspondence. Written I of this chapter, or ephedrine, analysis, IMS utilized the following comments being sent via regular mail pseudoephedrine, and types of data: (1) Sales to retail should be sent to the Deputy Assistant phenylpropanolamine, except that— establishments (including pharmacies), Administrator, Office of Diversion (1) such amounts of crude opium, poppy (2) sales by retail establishments to Control, Drug Enforcement straw, concentrate of poppy straw, and coca patients, and (3) medical insurance leaves, and of ephedrine, pseudoephedrine, Administration, Washington, DC 20537, and phenylpropanolamine, as the Attorney claims. IMS’ estimates of medical needs Attention: DEA Federal Register General finds to be necessary to provide for were intended to encompass only those Representative/ODL. Written comments medical, scientific, or other legitimate products containing either ephedrine or sent via express mail should be sent to purposes, and * * * pseudoephedrine, whether requiring a

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prescription or available over-the- phenylpropanolamine. Subsequently, 2005 export counter (OTC). Its estimates of use on December 22, 2005, FDA published List I chemicals quantity encompassed those products containing a Notice of Proposed Rulemaking (70 FR (kg) ephedrine and pseudoephedrine which 75988) to reclassify all over-the-counter Phenylpropanolamine ...... 320 are lawfully marketed under the Food, nasal decongestants and weight control Drug and Cosmetic Act. drug products containing In consideration of the amounts Although no direct estimates for the phenylpropanolamine preparations required for the maintenance of reserve assessment of annual needs are from their previously proposed stocks, DEA considered 20% of the currently available, IMS utilized monograph status (Category 1) to estimated medical and industrial information from a variety of data nonmonograph (Category II). FDA requirements. sources to develop three independent concluded that drug products Based on this information, the Deputy measures (as described in the next containing phenylpropanolamine Administrator hereby proposes that the paragraph). After each of the three cannot be generally recognized as safe year 2007 assessment of annual needs independent measures were calculated and should no longer be available for for the following List I chemicals, for ephedrine and pseudoephedrine, over-the-counter use in humans. expressed in kilograms of anhydrous IMS then took a weighted average of the Therefore, for purposes of calculating base or acid, be established as follows: three individual estimates in order to the medical needs of the United States derive its final estimate which was then for phenylpropanolamine, DEA considered by DEA. The weighted Proposed considered the drug’s use in veterinary year 2007 average was determined based on IMS’ products only. List I chemicals quotas confidence in each individual estimate DEA obtained from the FDA a list of (kg) such that estimates with less confidence all companies that manufacture Ephedrine (for sale) ...... 7,100 kg were given less weight. veterinary products containing The first estimate was based upon Ephedrine (for conversion) ...... 128,760 kg phenylpropanolamine. DEA contacted Pseudoephedrine (for sale) ...... 511,100 kg product sales to retail outlets, from IMS’ each company and requested National Sales Perspective (NSP) Phenylpropanolamine (for sale) 5,545 kg information relating to sales of their Phenylpropanolamine (for con- service. This estimate was phenylpropanolamine-containing version) ...... 6,240 kg supplemented with information from: products. Based on this review, DEA IMS’ Drug Distribution Database (DDD) concluded that 4,354 kg were required Ephedrine (for conversion) refers to and National Prescription Audit (NPA), to meet the medical needs of the United the industrial use of ephedrine, i.e., that ACNielsen’s Scantrack (ST) and States. which will be converted to Homescan (HS) services. The second pseudoephedrine. estimate was based upon product sales Calculation of the Assessment: Phenylpropanolamine (for conversion) to customers, from NPA, ST, and HS Industrial Needs, Export and Inventory refers to the industrial use of services, supplemented with Requirements phenylpropanolamine, i.e., that which information from DDD and NSP After DEA considered the medical will be converted to amphetamine by services. The third estimate was based needs for ephedrine, pseudoephedrine upon patient prescription claims data the pharmaceutical industry. The ‘‘for and phenylpropanolamine (veterinary from IMS’ ReferencePoint (RP) database, sale’’ quotas refer to the amount of products), it then considered: (1) supplemented with information from ephedrine, pseudoephedrine, and Industrial needs of the United States, (2) United States Census Bureau population phenylpropanolamine used for purposes lawful export requirements, and (3) estimates and IMS’ National Disease and outside of the above-mentioned maintenance of reserve stocks to Therapeutic Index (NDTI), NSP, DDD, conversions. determine the assessment of annual ST, and HS services. A copy of the IMS All interested persons are invited to needs for ephedrine, pseudoephedrine, report may be obtained from DEA submit their comments in writing or and phenylpropanolamine. Diversion Web site at: http:// electronically regarding this proposal In consideration of the industrial www.deadiversion.usdoj.gov. following the procedures in the Based on the IMS report, DEA needs of the United States for these ADDRESSES section of this document. A concluded that 3,800 kg of ephedrine three chemicals, DEA considered the person may object to or comment on the and 350,700 kg of pseudoephedrine use of ephedrine for the domestic proposal relating to any of the above- were required to meet the medical needs manufacture of pseudoephedrine in mentioned chemicals without filing of the United States. 2005 and the amount of comments or objections regarding the phenylpropanolamine used for the others. If a person believes that one or Calculation of the Assessment: Medical domestic manufacture of amphetamine more of these issues warrant a hearing, Needs of the United States for in 2005. the individual should so state and Phenylpropanolamine In consideration of the requirements summarize the reasons for this belief. DEA did not request that IMS for lawful export purposes for these In the event that comments or determine the medical needs for three chemicals, DEA considered total objections to this proposal raise one or phenylpropanolamine. In November 2005 exports as provided on the DEA- more issues which the Deputy 2000, the Food and Drug Administration Form 486 entitled ‘‘Import/Export Administrator finds warrant a hearing, (FDA) issued a public health warning Declaration—Precursors and Essential the Deputy Administrator shall order a for phenylpropanolamine and requested Chemicals.’’ Exports reported on the public hearing by notice in the Federal that all drug companies discontinue DEA–486 were as follows: Register, summarizing the issues to be marketing products containing heard and setting the time for the phenylpropanolamine due to the drug’s 2005 export hearing. List I chemicals quantity association with risk for hemorrhagic (kg) The Office of Management and Budget stroke. In response to the FDA’s has determined that notices of quotas warning, many companies voluntarily Ephedrine ...... 2,540 are not subject to centralized review reformulated their products to exclude Pseudoephedrine ...... 90,260 under Executive Order 12866.

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This action does not preempt or DEPARTMENT OF JUSTICE Eight companies commented on a modify any provision of State law; nor total of 22 Schedules I and II controlled does it impose enforcement Drug Enforcement Administration substances within the published responsibilities on any State; nor does it [Docket No. DEA–270F] comment period. Eight companies diminish the power of any State to proposed that the aggregate production enforce its own laws. Accordingly, this Controlled Substances: Final Revised quotas for alfentanil, amphetamine, action does not have any federalism Aggregate Production Quotas for 2006 codeine (for conversion), dihydrocodeine, dihydromorphine, implications warranting the application AGENCY: Drug Enforcement of Executive Order 13132. diphenoxylate, fentanyl, gamma Administration (DEA), U.S. Department hydroxybutyric acid, hydrocodone, The Deputy Administrator hereby of Justice. hydromorphinol, hydromorphone, certifies that this action will have no ACTION: Notice of final aggregate methadone, methylphenidate, morphine significant impact upon small entities production quotas for 2006. (for conversion), N,N- whose interests must be considered dimethylamphetamine, opium, SUMMARY: This notice establishes final under the Regulatory Flexibility Act, 5 oxycodone, oxycodone (for conversion), 2006 aggregate production quotas for U.S.C. 601 et seq. The establishment of oxymorphone, oxymorphone (for controlled substances in Schedules I quotas for ephedrine, pseudoephedrine, conversion), tetrahydrocannabinols, and and II of the Controlled Substances Act and phenylpropanolamine is mandated thebaine were insufficient to provide for of 1970 (CSA). The DEA has taken into by law. The quotas are necessary to the estimated medical, scientific, consideration comments received in provide for the estimated medical, research, and industrial needs of the response to a notice of the proposed scientific, research and industrial needs United States, for export requirements revised aggregate production quotas for of the United States, for export and for the establishment and 2006 published July 5, 2006 (71 FR maintenance of reserve stocks. requirements and the establishment and 38174). maintenance of reserve stocks. While DEA has taken into consideration the quotas are of primary importance to EFFECTIVE DATE: October 19, 2006. above comments along with the relevant large manufacturers, their impact upon FOR FURTHER INFORMATION CONTACT: 2005 year-end inventories, initial 2006 small entities is neither negative nor Christine A. Sannerud, PhD, Chief, Drug manufacturing quotas, 2006 export beneficial. Accordingly, the Deputy and Chemical Evaluation Section, Drug requirements, actual and projected 2006 Administrator has determined that this Enforcement Administration, sales, research, product development action does not require a regulatory Washington, DC 20537, Telephone: requirements and additional flexibility analysis. (202) 307–7183. applications received. Based on this SUPPLEMENTARY INFORMATION: Section information, the DEA has adjusted the This action meets the applicable 306 of the CSA (Title 21 United States final 2006 aggregate production quotas standards set forth in §§ 3(a) and 3(b)(2) Code (U.S.C. 826) requires that the for alfentanil, codeine (for conversion), of Executive Order 12988 Civil Justice Attorney General establish aggregate dextropropoxyphene, dihydromorphine, Reform. production quotas for each basic class of hydrocodone, hydromorphone, This action will not result in the controlled substance listed in Schedules morphine (for conversion), N,N- expenditure by State, local, and tribal I and II. This responsibility has been dimethylamphetamine, opium, governments, in the aggregate, or by the delegated to the Administrator of the oxycodone, oxycodone (for conversion), private sector, of $118,000,000 or more DEA by 28 Code of Federal Regulations oxymorphone, oxymorphone (for in any one year, and will not (CFR) 0.100. The Administrator, in turn, conversion), tetrahydrocannabinols, and significantly or uniquely affect small has redelegated this function to the thebaine to meet the legitimate needs of governments. Therefore, no actions were Deputy Administrator, pursuant to 28 the United States. deemed necessary under the provisions CFR 0.104. Regarding amphetamine, of the Unfunded Mandates Reform Act The 2006 aggregate production quotas dihydrocodeine, diphenoxylate, of 1995. represent those quantities of controlled fentanyl, gamma hydroxybutyric acid, substances in Schedules I and II that hydromorphinol, methadone, and This action is not a major rule as may be produced in the United States in methylphenidate, the DEA has defined by § 804 of the Small Business 2006 to provide adequate supplies of determined that the proposed revised Regulatory Enforcement Fairness Act of each substance for: the estimated 2006 aggregate production quotas are 1996 (Congressional Review Act). This medical, scientific, research and sufficient to meet the current 2006 action will not result in an annual effect industrial needs of the United States; estimated medical, scientific, research, on the economy of $100,000,000 or lawful export requirements; and the and industrial needs of the United more; a major increase in costs or prices; establishment and maintenance of States and to provide for adequate or significant adverse effects on reserve stocks (21 U.S.C. 826(a) and 21 inventories. competition, employment, investment, CFR 1303.11). These quotas do not Therefore, under the authority vested productivity, innovation, or on the include imports of controlled in the Attorney General by Section 306 ability of United States-based substances. of the CSA (21 U.S.C. 826), and companies to compete with foreign- On July 5, 2006, a notice of the delegated to the Administrator of the based companies in domestic and proposed revised 2006 aggregate DEA by 28 CFR 0.100, and redelegated export markets. production quotas for certain controlled to the Deputy Administrator, pursuant Dated: October 13, 2006. substances in Schedules I and II was to 28 CFR 0.104, the Deputy published in the Federal Register (71 Administrator hereby orders that the Michele M. Leonhart, FR 38174). All interested persons were 2006 final aggregate production quotas Deputy Administrator. invited to comment on or object to these for the following controlled substances, [FR Doc. E6–17526 Filed 10–18–06; 8:45 am] proposed aggregate production quotas expressed in grams of anhydrous acid or BILLING CODE 4410–09–P on or before July 26, 2006. base, be established as follows:

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Final revised Basic class—schedule I 2006 quotas

2,5–Dimethoxyamphetamine ...... 2,801,000 g 2,5–Dimethoxy-4-ethylamphetamine (DOET) ...... 2 g 3–Methylfentanyl ...... 2 g 3–Methylthiofentanyl ...... 2 g 3,4–Methylenedioxyamphetamine (MDA) ...... 20 g 3,4–Methylenedioxy-N-ethylamphetamine (MDEA) ...... 10 g 3,4–Methylenedioxymethamphetamine (MDMA) ...... 22 g 3,4,5–Trimethoxyamphetamine ...... 2 g 4–Bromo-2,5-dimethoxyamphetamine (DOB) ...... 2 g 4–Bromo-2,5-dimethoxyphenethylamine (2–CB) ...... 2 g 4–Methoxyamphetamine ...... 77 g g 4–Methylaminorex ...... 2 g 4–Methyl-2,5-dimethoxyamphetamine (DOM) ...... 12 g 5–Methoxy-3,4-methylenedioxyamphetamine ...... 2 g Acetyl-alpha-methylfentanyl ...... 2 g Acetyldihydrocodeine ...... 2 g Acetylmethadol ...... 2 g Allylprodine ...... 2 g Alphacetylmethadol ...... 2 g Alpha-ethyltryptamine ...... 2 g Alphameprodine ...... 2 g Alphamethadol ...... 3 g Alpha-methylfentanyl ...... 2 g Alpha-methylthiofentanyl ...... 2 g Aminorex ...... 2 g Benzylmorphine ...... 2 g Betacetylmethadol ...... 2 g Beta-hydroxy-3-methylfentanyl ...... 2 g Beta-hydroxyfentanyl ...... 2 g Betameprodine ...... 2 g Betamethadol ...... 2 g Betaprodine ...... 2 g Bufotenine ...... 5 g Cathinone ...... 3 g Codeine-N-oxide ...... 302 g Diethyltryptamine ...... 2 g Difenoxin ...... 5,000 g Dihydromorphine ...... 2,449,000 g Dimethyltryptamine ...... 3 g Gamma-hydroxybutyric acid ...... 8,000,000 g Heroin ...... 5 g Hydromorphinol ...... 2 g Hydroxypethidine ...... 2 g Lysergic acid diethylamide (LSD) ...... 61 g Marihuana ...... 4,500,000 g Mescaline ...... 2 g Methaqualone ...... 10 g Methcathinone ...... 4 g Methyldihydromorphine ...... 2 g Morphine-N-oxide ...... 310 g N,N-Dimethylamphetamine ...... 7 g N-Ethylamphetamine ...... 2 g N-Hydroxy-3,4-methylenedioxyamphetamine ...... 2 g Noracymethadol ...... 2 g Norlevorphanol ...... 52 g Normethadone ...... 2 g Normorphine ...... 16 g Para-fluorofentanyl ...... 2 g Phenomorphan ...... 2 g Pholcodine ...... 2 g Psilocybin ...... 7 g Psilocyn ...... 7 g Tetrahydrocannabinols ...... 338,000 g Thiofentanyl ...... 2 g Trimeperidine ...... 2 g

Final revised Basic class—schedule II 2006 quotas

1–Phenylcyclohexylamine ...... 2 g Alfentanil ...... 7,200 g Alphaprodine ...... 2 g Amobarbital ...... 101,000 g

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Final revised Basic class—schedule II 2006 quotas

Amphetamine ...... 17,000,000 g Cocaine ...... 286,000 g Codeine (for sale) ...... 39,605,000 g Codeine (for conversion) ...... 59,000,000 g Dextropropoxyphene ...... 120,000,000 g Dihydrocodeine ...... 1,261,000 g Diphenoxylate ...... 828,000 g Ecgonine ...... 83,000 g Ethylmorphine ...... 2 g Fentanyl ...... 1,428,000 g Glutethimide ...... 2 g Hydrocodone (for sale) ...... 42,000,000 g Hydrocodone (for conversion) ...... 1,500,000 g Hydromorphone ...... 2,500,000 g Isomethadone ...... 2 g Levo-alphacetylmethadol (LAAM) ...... 6 g Levomethorphan ...... 5 g Levorphanol ...... 5,000 g Meperidine ...... 9,753,000 g Metazocine ...... 1 g Methadone (for sale) ...... 25,000,000 g Methadone Intermediate ...... 26,000,000 g Methamphetamine ...... 3,130,000 g

[680,000 grams of levo-desoxyephedrine for use in a non-controlled, non prescription product; 2,405,000 grams for methamphetamine mostly for conversion to a Schedule III product; and 45,000 grams for methamphetamine (for sale)]

Methylphenidate ...... 35,000,000 g Morphine (for sale) ...... 35,000,000 g Morphine (for conversion) ...... 100,000,000 g Nabilone ...... 2 g Noroxymorphone (for sale) ...... 1,002 g Noroxymorphone (for conversion) ...... 5,600,000 g Opium ...... 1,360,000 g Oxycodone (for sale) ...... 56,000,000 g Oxycodone (for conversion) ...... 4,610,000 g Oxymorphone ...... 806,000 g Oxymorphone (for conversion) ...... 2,400,000 g Pentobarbital ...... 28,000,000 g Phencyclidine ...... 2,021 g Phenmetrazine ...... 2 g Racemethorphan ...... 2 g Remifentanil ...... 2,700 g Secobarbital ...... 2 g Sufentanil ...... 6,500 g Thebaine ...... 78,000,000 g

The Deputy Administrator further whose interests must be considered 3(b)(2) of E.O. 12988 Civil Justice orders that the aggregate production under the Regulatory Flexibility Act, 5 Reform. quotas for all other Schedules I and II U.S.C. 601 et seq. The establishment of This action will not result in the controlled substances included in 21 aggregate production quotas for expenditure by State, local, and tribal CFR 1308.11 and 1308.12 shall be zero. Schedules I and II controlled substances governments, in the aggregate, or by the The Office of Management and Budget is mandated by law and by international private sector, of $118,000,000 or more has determined that notices of aggregate treaty obligations. The quotas are in any one year, and will not production quotas are not subject to necessary to provide for the estimated significantly or uniquely affect small centralized review under Executive medical, scientific, research, and governments. Therefore, no actions were Order (E.O.) 12866. industrial needs of the United States, for deemed necessary under the provisions This action does not preempt or export requirements and the of the Unfunded Mandates Reform Act modify any provision of State law; nor establishment and maintenance of of 1995. does it impose enforcement reserve stocks. While aggregate This action is not a major rule as responsibilities on any State; nor does it production quotas are of primary defined by Section 804 of the Small diminish the power of any State to importance to large manufacturers, their Business Regulatory Enforcement enforce its own laws. Accordingly, this impact upon small entities is neither Fairness Act of 1996. This action will action does not have federalism negative nor beneficial. Accordingly, the not result in an annual effect on the implications warranting the application Deputy Administrator has determined economy of $100,000,000 or more; a of E.O. 13132. that this action does not require a major increase in costs or prices; or The Deputy Administrator hereby regulatory flexibility analysis. significant adverse effects on certifies that this action will have no This action meets the applicable competition, employment, investment, significant impact upon small entities standards set forth in Sections 3(a) and productivity, innovation, or on the

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ability of United States-based adamswebsearch.nrc.gov/dologin.htm. application for the Palisades Nuclear companies to compete with foreign- The Accession Number for the final Plant and the associated NRC staff’s based companies in domestic and Supplement 27 to the GEIS is final Safety Evaluation Report. export markets. ML062710300. Persons who do not have 10:15 a.m.–11:45 a.m.: Proposed Dated: October 13, 2006. access to ADAMS, or who encounter Revisions to Regulatory Guide 1.189, ‘‘Fire Protection for Operating Nuclear Michele M. Leonhart, problems in accessing the documents located in ADAMS, should contact the Power Plants’’ (Open)—The Committee Deputy Administrator. NRC’s PDR reference staff by telephone will hear presentations by and hold [FR Doc. E6–17524 Filed 10–18–06; 8:45 am] at 1–800–397–4209, or 301–415–4737, discussions with representatives of the BILLING CODE 4410–09–P or by e-mail at [email protected]. In addition, NRC staff regarding proposed revisions the South Haven Memorial Library, 314 to Regulatory Guide 1.189, and related Broadway Street, South Haven, matters. NUCLEAR REGULATORY Michigan, has agreed to make the final 1:30 p.m.–3:30 p.m.: Draft Final Rule COMMISSION supplement 27 to the GEIS available for to Risk-Inform 10 CFR 50.46, [Docket No. 50–255] public inspection. ‘‘Acceptance Criteria for Emergency FOR FURTHER INFORMATION, CONTACT: Mr. Core Cooling Systems for Light-Water Nuclear Management Company, LLC, Bo M. Pham, Environmental Branch B, Nuclear Power Reactors’’ (Open)—The Palisades Nuclear Plant; Notice of Division of License Renewal, Office of Committee will hear presentations by Availability of the Final Supplement 27 Nuclear Reactor Regulation, U.S. and hold discussions with to the Generic Environmental Impact Nuclear Regulatory Commission, representatives of the NRC staff Statement for License Renewal of Washington, DC, 20555–0001. Mr. Pham regarding the draft final rule to risk- Nuclear Plants, Regarding the License may be contacted by telephone at 1– inform 10 CFR 50.46, and related Renewal of Palisades Nuclear Plant 800–368–5642, extension 8450 or via e- matters. mail at [email protected]. 3:45 p.m.–4:45 p.m.: Proposed Notice is hereby given that the U.S. Revisions to Regulatory Guides and Nuclear Regulatory Commission (NRC, Dated at Rockville, Maryland, this 12th day Standard Review Plan (SRP) Sections in of October, 2006. Commission) has published a final Support of New Reactor Licensing For the Nuclear Regulatory Commission. plant-specific supplement to the (Open)—The Committee will discuss ‘‘Generic Environmental Impact Bo M. Pham, the proposed revisions to Regulatory Statement for License Renewal of Acting Branch Chief, Environmental Branch Guides and SRP Sections that are being Nuclear Plants’’ (GEIS), NUREG–1437, B, Division of License Renewal, Office of made in support of new reactor Nuclear Reactor Regulation. regarding the renewal of operating licensing. license DPR–20 for the Palisades [FR Doc. E6–17435 Filed 10–18–06; 8:45 am] 5 p.m.–7 p.m.: Preparation of ACRS Nuclear Plant (Palisades) for an BILLING CODE 7590–01–P Reports (Open)—The Committee will additional 20 years of operation. discuss proposed ACRS reports on Palisades is located on the eastern shore matters considered during this meeting. of Lake Michigan in Covert Township NUCLEAR REGULATORY on the western side of Van Buren COMMISSION Thursday, November 2, 2006, County, Michigan, approximately 4.5 Conference Room T–2B3, Two White miles south of the city limits of South Advisory Committee on Reactor Flint North, Rockville, Maryland Safeguards; Meeting Notice Haven, Michigan. Possible alternatives 8:30 a.m.–8:35 a.m.: Opening to the proposed action (license renewal) In accordance with the purposes of Remarks by the ACRS Chairman include no action and reasonable sections 29 and 182b. of the Atomic (Open)—The ACRS Chairman will make alternative energy sources. Energy Act (42 U.S.C. 2039, 2232b), the opening remarks regarding the conduct As discussed in Section 9.3 of the Advisory Committee on Reactor of the meeting. final Supplement 27, based on: (1) The Safeguards (ACRS) will hold a meeting 8:35 a.m.–10 a.m.: Potential analysis and findings in the GEIS; (2) on November 1–3, 2006, 11545 Collaborative Research on Human the Environmental Report submitted by Rockville Pike, Rockville, Maryland. Reliability Analysis Methods (Open)— Nuclear Management Company, LLC; (3) The date of this meeting was previously The Committee will hear presentations consultation with Federal, State, and published in the Federal Register on by and hold discussions with local agencies; (4) the staff’s own Tuesday, November 22, 2005 (70 FR representatives of the NRC staff independent review; and (5) the staff’s 70638). regarding potential collaborative consideration of public comments, the research on human reliability analysis recommendation of the staff is that the Wednesday, November 1, 2006, methods. Commission determine that the adverse Conference Room T–2B3, Two White 10:15 a.m.–11:15 a.m.: Future ACRS environmental impacts of license Flint North, Rockville, Maryland Activities/Report of the Planning and renewal for Palisades are not so great 8:30 a.m.–8:35 a.m.: Opening Procedures Subcommittee (Open)—The that preserving the option of license Remarks by the ACRS Chairman Committee will discuss the renewal for energy-planning decision (Open)—The ACRS Chairman will make recommendations of the Planning and makers would be unreasonable. opening remarks regarding the conduct Procedures Subcommittee regarding The final Supplement 27 to the GEIS of the meeting. items proposed for consideration by the is publicly available at the NRC Public 8:35 a.m.–10 a.m.: Final Review of the full Committee during future meetings. Document Room (PDR), located at One License Renewal Application for the Also, it will hear a report of the White Flint North, 11555 Rockville Palisades Nuclear Plant (Open)—The Planning and Procedures Subcommittee Pike, Rockville, Maryland, or from the Committee will hear presentations by on matters related to the conduct of NRC’s Agencywide Documents Access and hold discussions with ACRS business, including anticipated and Management System (ADAMS). The representatives of the NRC staff and the workload and member assignments. ADAMS Public Electronic Reading Nuclear Management Company, LLC 11:15 a.m.–11:30 a.m.: Reconciliation Room is accessible at http:// regarding the license renewal of ACRS Comments and

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Recommendations (Open)—The Document Room at [email protected], or by Members of the public desiring to Committee will discuss the responses calling the PDR at 1–800–397–4209, or provide oral statements and/or written from the NRC Executive Director for from the Publicly Available Records comments should notify the Designated Operations to comments and System (PARS) component of NRC’s Federal Official, Mr. Eric A. Thornsbury recommendations included in recent document system (ADAMS) which is (telephone 301/415–8716), five days ACRS reports and letters. accessible from the NRC Web site at prior to the meeting, if possible, so that 12:30 p.m.–6:30 p.m.: Preparation of http://www.nrc.gov/reading-rm/ appropriate arrangements can be made. ACRS Reports (Open)—The Committee adams.html or http://www.nrc.gov/ Electronic recordings will be permitted. will discuss proposed ACRS reports. reading-rm/doc-collections/ (ACRS & Further information regarding this Friday, November 3, 2006, Conference ACNW Mtg schedules/agendas). meeting can be obtained by contacting Room T–2B3, Two White Flint North, Videoteleconferencing service is the Designated Federal Official between Rockville, Maryland available for observing open sessions of 7:30 a.m. and 4:15 p.m. (ET). Persons ACRS meetings. Those wishing to use planning to attend this meeting are 8:30 a.m.–12:30 p.m.: Preparation of this service for observing ACRS urged to contact the above named ACRS Reports (Open)—The Committee meetings should contact Mr. Theron individual at least two working days will continue discussion of proposed Brown, ACRS Audio Visual Technician prior to the meeting to be advised of any ACRS reports. (301–415–8066), between 7:30 a.m. and potential changes to the agenda. 12:30 p.m.–1 p.m.: Miscellaneous 3:45 p.m., (ET), at least 10 days before (Open)—The Committee will discuss Dated: October 12, 2006. the meeting to ensure the availability of matters related to the conduct of Michael R. Snodderly, Committee activities and matters and this service. Individuals or Branch Chief, ACRS/ACNW. organizations requesting this service specific issues that were not completed [FR Doc. E6–17436 Filed 10–18–06; 8:45 am] will be responsible for telephone line during previous meetings, as time and BILLING CODE 7590–01–P availability of information permit. charges and for providing the Procedures for the conduct of and equipment and facilities that they use to participation in ACRS meetings were establish the videoteleconferencing link. NUCLEAR REGULATORY published in the Federal Register on The availability of COMMISSION October 2, 2006 (71 FR 58015). In videoteleconferencing services is not accordance with those procedures, oral guaranteed. Advisory Committee on Reactor or written views may be presented by Dated: October 13, 2006. Safeguards; Subcommittee Meeting on members of the public, including Andrew L. Bates, Fire Protection; Notice of Meeting representatives of the nuclear industry. Advisory Committee Management Officer. The ACRS Subcommittee on Fire Electronic recordings will be permitted [FR Doc. E6–17433 Filed 10–18–06; 8:45 am] Protection will hold a meeting on only during the open portions of the BILLING CODE 7590–01–P October 31, 2006, Room T—2B3, 11545 meeting. Persons desiring to make oral Rockville Pike, Rockville, Maryland. statements should notify the Cognizant The entire meeting will be open to ACRS staff named below five days NUCLEAR REGULATORY public attendance. before the meeting, if possible, so that COMMISSION The agenda for the subject meeting appropriate arrangements can be made shall be as follows: to allow necessary time during the Advisory Committee on Reactor meeting for such statements. Use of still, Safeguards Subcommittee Meeting on Tuesday, October 31, 2006–1:30 p.m. motion picture, and television cameras Regulatory Policies and Practices; Until the Conclusion of Business during the meeting may be limited to Notice of Meeting The purpose of this meeting is to selected portions of the meeting as review Regulatory Guide 1.189, ‘‘Fire determined by the Chairman. The ACRS Subcommittee on Protection for Operating Nuclear Power Information regarding the time to be set Regulatory Policies and Practices will Plants,’’ and associated SRP Section aside for this purpose may be obtained hold a meeting on October 31, 2006, 9.5.1, ‘‘Fire Protection Program.’’ The by contacting the Cognizant ACRS staff Room T–2B3, 11545 Rockville Pike, Subcommittee will hear presentations prior to the meeting. In view of the Rockville, Maryland. by and hold discussions with the NRC possibility that the schedule for ACRS The entire meeting will be open to staff, and other interested persons meetings may be adjusted by the public attendance. regarding this matter. The Chairman as necessary to facilitate the The agenda for the subject meeting Subcommittee will gather information, conduct of the meeting, persons shall be as follows: analyze relevant issues and facts, and planning to attend should check with Tuesday, October 31, 2006—8:30 a.m. formulate proposed positions and the Cognizant ACRS staff if such until 12:30 p.m. actions, as appropriate, for deliberation rescheduling would result in major The Subcommittee will review the by the full Committee. inconvenience. details of the draft final rule 10 CFR Members of the public desiring to Further information regarding topics 50.46, ‘‘Acceptance Criteria for provide oral statements and/or written to be discussed, whether the meeting Emergency Core Cooling Systems for comments should notify the Designated has been canceled or rescheduled, as Light-Water Nuclear Power Plants.’’ The Federal Official, Mr. Michael A. Junge well as the Chairman’s ruling on Subcommittee will hear presentations (Telephone: 301–415–6855) five days requests for the opportunity to present by and hold discussions with prior to the meeting, if possible, so that oral statements and the time allotted representatives of the NRC staff, and appropriate arrangements can be made. therefor can be obtained by contacting other interested persons regarding this Electronic recordings will be permitted. Mr. Sam Duraiswamy, Cognizant ACRS matter. The Subcommittee will gather Further information regarding this staff (301–415–7364), between 7:30 a.m. information, analyze relevant issues and meeting can be obtained by contacting and 4 p.m., (ET). ACRS meeting agenda, facts, and formulate proposed positions the Designated Federal Official between meeting transcripts, and letter reports and actions, as appropriate, for 6:45 a.m. and 3:30 p.m. (ET). Persons are available through the NRC Public deliberation by the full Committee. planning to attend this meeting are

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urged to contact the above named Dated: October 11, 2006. Federal, State and territorial laws on individual at least two working days Michael R. Snodderly, gambling violate U.S. commitments prior to the meeting to be advised of any Branch Chief, ACRS/ACNW. under the General Agreement on Trade potential changes to the agenda. [FR Doc. E6–17438 Filed 10–18–06; 8:45 am] in Services (GATS), to the extent that such laws prevent or can prevent Dated: October 12, 2006. BILLING CODE 7590–01–P operators from Antigua and Barbuda Michael R. Snodderly, from lawfully offering gambling and Branch Chief, ACRS/ACNW. OFFICE OF THE UNITED STATES betting services in the United States. [FR Doc. E6–17437 Filed 10–18–06; 8:45 am] TRADE REPRESENTATIVE The WTO ruled on April 20, 2005, BILLING CODE 7590–01–P rejecting all of Antigua and Barbuda’s [Docket No. WTO/DS285] claims except the WTO ruled that for the United States to show that the NUCLEAR REGULATORY WTO Dispute Settlement Proceeding Federal gambling laws meet the COMMISSION Regarding United States—Measures requirements of the chapeau to Article Affecting the Cross-Border Supply of XIV of the GATS, the United States Advisory Committee on Reactor Gambling and Betting Services needed to clarify an issue concerning Safeguards; Subcommittee Meeting on AGENCY: Office of the United States Internet gambling on horse racing. On Planning and Procedures; Notice of Trade Representative. May 19, 2005, the United States stated Meeting ACTION: Notice; request for comments. its intention to implement the DSB recommendations and rulings. On April The ACRS Subcommittee on Planning SUMMARY: The Office of the United 10, 2006, the United States informed the and Procedures will hold a meeting on States Trade Representative (‘‘USTR’’) is DSB that the United States had November 1, 2006, Room T–2B1, 11545 providing notice that the World Trade complied with the DSB Rockville Pike, Rockville, Maryland. Organization Dispute Settlement Body recommendations and rulings. (DSB), at the request of Antigua and The entire meeting will be open to Issues Raised by Antigua and Barbuda public attendance, with the exception of Barbuda, has established a panel under a portion that may be closed pursuant Article 21.5 of the WTO Understanding In its panel request under Article 21.5 to 5 U.S.C. 552b ( c)(2) and (6) to discuss on Rules and Procedures Governing the of the DSU, Antigua disputes that the organizational and personnel matters Settlement of Disputes (‘‘DSU’’) to United States has complied with the that relate solely to the internal examine the compliance of the United DSB recommendations and rulings. personnel rules and practices of the States with the DSB recommendations Antigua raises the following issues: ACRS, and information the release of and rulings in the matter of United (1) Antigua and Barbuda argues that which would constitute a clearly States—Measures Affecting the Cross- the United States has not taken any unwarranted invasion of personal Border Supply of Gambling and Betting measure to comply with the DSB privacy. Services. The panel request may be recommendations and rulings. found at www.wto.org in a document (2) Second, Antigua and Barbuda The agenda for the subject meeting characterizes U.S. compliance as relying shall be as follows: designated as WT/DS285/18. USTR invites written comments from the on a ‘‘restatement of a legal position Wednesday, November 1, 2006, 12 public concerning the issues raised in taken by a party to a dispute,’’ and Noon–1:15 p.m. this dispute. argues that such action is legally insufficient under the DSU to amount to DATES: Although USTR will accept any The Subcommittee will discuss compliance. comments received during the course of proposed ACRS activities and related (3) Third, Antigua and Barbuda the dispute settlement proceedings, matters. The Subcommittee will gather disputes that the U.S. compliance brings comments should be submitted on or information, analyze relevant issues and the measures at issue within the scope before October 23 to be assured of facts, and formulate proposed positions of the GATS Article XIV public morals/ timely consideration by USTR. and actions, as appropriate, for public order exception. ADDRESSES: deliberation by the full Committee. Comments should be submitted (i) electronically, to Public Comment: Requirements for Members of the public desiring to [email protected], Attn: ‘‘Gambling Submissions provide oral statements and/or written and Betting Dispute (DS285)’’ in the Interested persons are invited to comments should notify the Designated subject line, or (ii) by fax, to Sandy submit written comments concerning Federal Official, Mr. Sam Duraiswamy McKinzy at (202) 395–3640. For the issues raised in this dispute. Persons (telephone: 301–415–7364) between documents sent by fax, USTR requests may submit their comments either (i) 7:30 a.m. and 4 p.m. (ET) five days prior that the submitter provide a electronically, to [email protected], to the meeting, if possible, so that confirmation copy to the electronic mail Attn: ‘‘Gambling and Betting Dispute appropriate arrangements can be made. address listed above. (DS285)’’ in the subject line, or (ii) by Electronic recordings will be permitted FOR FURTHER INFORMATION CONTACT: fax to Sandy McKinzy at (202) 395– only during those portions of the William Busis, Associate General 3640. For documents sent by fax, USTR meeting that are open to the public. Counsel, Office of the United States requests that the submitter provide a Further information regarding this Trade Representative, 600 17th Street, confirmation copy to the electronic mail meeting can be obtained by contacting NW., Washington, DC 20508, (202) 395– address listed above. the Designated Federal Official between 3150. USTR encourages the submission of 7:30 a.m. and 4:15 p.m. (ET). Persons SUPPLEMENTARY INFORMATION: documents in Adobe PDF format, as planning to attend this meeting are attachments to an electronic mail. urged to contact the above named Prior WTO Proceedings Interested persons who make individual at least two working days On June 12, 2003, Antigua and submissions by electronic mail should prior to the meeting to be advised of any Barbuda requested a dispute settlement not provide separate cover letters; potential changes in the agenda. panel to consider its claims that U.S. information that might appear in a cover

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letter should be included in the SECURITIES AND EXCHANGE hours (1,164,755,007 responses @ submission itself. Similarly, to the COMMISSION 0.000139 hours/response). A reasonable extent possible, any attachments to the estimate for the paperwork compliance submission should be included in the Submission for OMB Review; for the proposed rules for each broker- same file as the submission itself, and Comment Request dealer is approximately 24 burden hours not as separate files. Upon Written Request, Copies Available (172,505 responses @ .000139 hours/ A person requesting that information From: Securities and Exchange response) or (161,900 burden hours / contained in a comment submitted by Commission, Office of Filings and 6,752 respondents). that person be treated as confidential Information Services, Washington, DC The retention period for the business information must certify that 20549. recordkeeping requirement under such information is business Regulation SHO is three years following Regulation SHO; SEC File No. 270–534; OMB the trade date. The recordkeeping confidential and would not customarily Control No. 3235–0589. be released to the public by the requirement under this Rule is Notice is hereby given that pursuant mandatory to assist the Commission submitter. Confidential business to the Paperwork Reduction Act of 1995 with monitoring the short sales of information must be clearly designated (44 U.S.C. 3501 et seq.) the Securities securities. This rule does not involve as such and the submission must be and Exchange Commission the collection of confidential marked ‘‘Business Confidential’’ at the (‘‘Commission’’) has submitted to the information. Please note that an agency top and bottom of the cover page and Office of Management and Budget may not conduct or sponsor, and a each succeeding page. request for extension of the previously person is not required to respond to, a Information or advice contained in a approved collection of information collection of information unless it comment submitted, other than business discussed below. displays a currently valid control confidential information, may be Regulation SHO number. determined by USTR to be confidential Comments should be directed to: (i) in accordance with section 135(g)(2) of Proposed Regulation SHO, Rule 201 Desk Officer for the Securities and the Trade Act of 1974 (19 U.S.C. (17 CFR 242.200 through 242.203) Exchange Commission, Office of requires each broker-dealer that effects a 2155(g)(2)). If the submitter believes that Information and Regulatory Affairs, sell order in any equity security to mark information or advice may qualify as Office of Management and Budget, the order ‘‘long,’’ short,’’ or ‘‘short such, the submitter— Room 10102, New Executive Office exempt.’’ Proposed Regulation SHO, Building, Washington, DC 20503 or by (1) Must clearly so designate the Rule 201 causes a collection of sending an e-mail to: information or advice; information because the rule’s [email protected]; and (ii) R. requirement that each order ticket be (2) Must clearly mark the material as Corey Booth, Director/CIO, Office of marked either ‘‘long,’’ ‘‘short,’’ or ‘‘short ‘‘Submitted in Confidence’’ at the top Information Technology, Securities and exempt’’ is a disclosure to third parties and bottom of the cover page and each Exchange Commission, c/o Shirley and the public imposed on ten or more succeeding page; and Martinson, 6432 General Green Way, (3) Is encouraged to provide a non- persons. The information required by the rule Alexandria, VA 22312 or send an e-mail confidential summary of the _ is necessary for the execution of the to: PRA [email protected]. Comments information or advice. Commission’s mandate under the must be submitted to OMB within 30 Pursuant to section 127(e) of the Exchange Act to prevent fraudulent, days of this notice. URAA (19 U.S.C. 3537(e)), USTR will manipulative, and deceptive acts and Dated: October 10, 2006. maintain a file on this dispute practices by broker-dealers. The purpose Jill M. Peterson, settlement proceeding, accessible to the of the information collected is to enable Assistant Secretary. public, in the USTR Reading Room, regulators to monitor whether a person [FR Doc. E6–17397 Filed 10–18–06; 8:45 am] which is located at 1724 F Street, NW., effecting a short sale is acting in BILLING CODE 8011–01–P Washington, DC 20508. The public file accordance with proposed Regulation will include non-confidential comments SHO. Without the requirement that each received by USTR from the public with order or an equity security be marked SECURITIES AND EXCHANGE respect to the dispute; and the U.S. either ‘‘long,’’ ‘‘short,’’ or ‘‘short COMMISSION submissions, the submissions, or non- exempt,’’ there would be no means to confidential summaries of submissions, police compliance with Regulation [Release No. 34–54593; File No. SR–Amex– 2006–97] received from other participants in the SHO. dispute; the report of the panel and; if We assume that all of the Self-Regulatory Organizations; applicable, the report of the Appellate approximately 6,752 registered broker- American Stock Exchange LLC; Notice Body. An appointment to review the dealers effect sell orders in securities of Filing and Immediate Effectiveness public file (Docket No. WT/DS285, covered by proposed Regulation SHO. of Proposed Rule Change To Amend Gambling and Betting Dispute) may be For purposes of the Paperwork the Electronic Access Fee made by calling the USTR Reading Reduction Act, the Commission staff has Room at (202) 395–6186. The USTR estimated that a total of 1,164,755,007 October 12, 2006. Reading Room is open to the public trades are executed annually. Pursuant to Section 19(b)(1) of the from 9:30 a.m. to noon and 1 p.m. to 4 This is an average of approximately Securities Exchange Act of 1934 p.m., Monday through Friday. 172,505 annual responses by each (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 respondent. Each response of marking notice is hereby given that on October Daniel E. Brinza, orders ‘‘long,’’ ‘‘short,’’ or ‘‘short 4, 2006, the American Stock Exchange Assistant United States Trade Representative exempt’’ takes approximately .000139 LLC (‘‘Amex’’ or ‘‘Exchange’’) submitted for Monitoring and Enforcement. hours (.5 seconds) to complete. Thus, [FR Doc. E6–17527 Filed 10–18–06; 8:45 am] the total approximate estimated annual 1 15 U.S.C. 78s(b)(1). BILLING CODE 3190–W7–P hour burden per year is 161,900 burden 2 17 CFR 240.19b–4.

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to the Securities and Exchange Exchange proposes to revise the Fee to change, the Commission may summarily Commission (‘‘Commission’’) the reflect the current prices of seats and the abrogate such rule change if it appears proposed rule change as described in prices to lease a seat. The fee change to the Commission that such action is Items I, II, and III below, which Items will not affect the value of the regular necessary or appropriate in the public have been prepared by the Exchange. seats. interest, for the protection of investors, Amex filed the proposed rule change Of the 42 current Associate member or otherwise in furtherance of the pursuant to Section 19(b)(3)(A)(ii) of the firms, only two have been approved purposes of the Act. Act 3 and Rule 19b–4(f)(2) thereunder,4 since August 2000, subjecting them to which renders the proposal effective payment of the Fee. Furthermore, the IV. Solicitation of Comments upon filing with the Commission. The number of Associate member firms with Interested persons are invited to Commission is publishing this notice to electronic access capability has submit written data, views, and solicit comments on the proposed rule significantly decreased over the past few arguments concerning the foregoing, change from interested persons. years as such firms either terminate or including whether the proposed rule I. Self-Regulatory Organization’s change their status to an off-floor, change is consistent with the Act. Statement of the Terms of Substance of regular membership. Comments may be submitted by any of The Exchange believes that the new the Proposed Rule Change the following methods: reduced Fee will not undermine other The Exchange proposes to amend Amex member firms and will appeal to Electronic Comments Amex’s Member Fee Schedule to reduce regional firms interested in sending • Use the Commission’s Internet the Electronic Access Fee from $61,363 order flow to Amex, without the need comment form (http://www.sec.gov/ to $30,000. The text of the proposed rule for a physical presence at the Exchange. rules/sro.shtml); or change is available on Amex’s Web site The Exchange asserts that the proposal • Send an e-mail to rule- at http://www.amex.com, at the is equitable as required by Section [email protected]. Please include File principal office of Amex, and at the 6(b)(4) of the Act. Number SR–Amex–2006–97 on the Commission’s Public Reference Room. subject line. 2. Statutory Basis II. Self-Regulatory Organization’s Paper Comments Statement of the Purpose of, and Amex believes that the proposed rule change is consistent with Section 6(b) of • Send paper comments in triplicate Statutory Basis for, the Proposed Rule 8 Change the Act, in general, and furthers the to Nancy M. Morris, Secretary, objectives of Section 6(b)(4) of the Act,9 Securities and Exchange Commission, In its filing with the Commission, in particular, in that it is designed to 100 F Street, NE., Washington, DC, Amex included statements concerning provide for the equitable allocation of 20549–1090. the purpose of, and basis for, the reasonable dues, fees, and other charges proposed rule change and discussed any All submissions should refer to File among its members and issuers and Number SR–Amex–2006–97. This file comments it received on the proposed other persons using exchange facilities. rule change. The text of these statements number should be included on the may be examined at the places specified B. Self-Regulatory Organization’s subject line if e-mail is used. To help the in Item IV below. Amex has prepared Statement on Burden on Competition Commission process and review your summaries, set forth in Sections A, B, The Exchange does not believe that comments more efficiently, please use and C below, of the most significant the proposed rule change will impose only one method. The Commission will aspects of such statements. any burden on competition. post all comments on the Commission’s Internet Web site (http://www.sec.gov/ A. Self-Regulatory Organization’s C. Self-Regulatory Organization’s rules/sro.shtml). Copies of the Statement of the Purpose of, and Statement on Comments on the submission, all subsequent Statutory Basis for, the Proposed Rule Proposed Rule Change Received From amendments, all written statements Change Members, Participants or Others with respect to the proposed rule 1. Purpose No written comments were solicited change that are filed with the Commission, and all written The purpose of this proposal is to or received with respect to the proposed rule change. communications relating to the amend Amex’s Member Fee Schedule to proposed rule change between the reduce the Electronic Access Fee from III. Date of Effectiveness of the Commission and any person, other than $61,363 to $30,000. Amex currently Proposed Rule Change and Timing for those that may be withheld from the charges a $61,363 electronic access fee Commission Action public in accordance with the (‘‘Fee’’) to Associate member firms 5 The foregoing rule change establishes provisions of 5 U.S.C. 552, will be which route order flow to the Exchange. or changes a due, fee, or other charge available for inspection and copying in Eleven out of the 42 Associate member applicable only to a member imposed by the Commission’s Public Reference firms currently registered with Amex the Exchange, and, therefore, has Room. Copies of such filing also will be pay the Fee each year.6 become effective pursuant to Section available for inspection and copying at All new Associate members were 19(b)(3)(A)(ii) of the Act 10 the principal office of Amex. All required to pay the Fee when it was and subparagraph (f)(2) of Rule 19b–4 comments received will be posted established in August of 2000.7 The thereunder.11 At any time within 60 without change; the Commission does 3 15 U.S.C. 78s(b)(3)(A)(ii). days of the filing of such proposed rule not edit personal identifying 4 17 CFR 240.19b–4(f)(2). information from submissions. You 5 An Associate member firm is not required to also Securities Exchange Act Release No. 44337 should submit only information that own or lease a seat to qualify as a member firm. (May 22, 2001), 66 FR 29369 (May 30, 2001) you wish to make available publicly. All 6 The Fee is billed once a year in the fall for the (approving File No. SR–Amex–2001–15). submissions should refer to File 8 15 U.S.C. 78f(b). upcoming fiscal year. Number SR–Amex–2006–97 and should 7 See Securities Exchange Act Release No. 43279 9 15 U.S.C. 78f(b)(4). (September 11, 2000), 65 FR 56606 (September 19, 10 15 U.S.C. 78s(b)(3)(A)(ii). be submitted on or before November 9, 2000) (approving File No. SR–Amex–2000–44); see 11 17 CFR 240.19b–4(f)(2). 2006.

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For the Commission, by the Division of make minor changes to Amex Rules Exchange-Traded Funds Market Regulation, pursuant to delegated 1000, 1002, 1000A and 1002A. 12 Amex Rules 1000 et seq. allow for the authority. The text of the proposed rule change listing and trading on the Exchange of J. Lynn Taylor, is available on the Amex’s Web site PDRs. PDRs represent interests in a unit Assistant Secretary. (http://www.amex.com), at Amex’s investment trust registered under the principal office, and at the [FR Doc. E6–17392 Filed 10–18–06; 8:45 am] Investment Company Act of 1940 6 Commission’s Public Reference Room. BILLING CODE 8011–01–P (‘‘1940 Act’’) that operates on an open- The text of Exhibit 5 to the proposed rule change is also available on the end basis and that holds the securities that comprise an index or portfolio. SECURITIES AND EXCHANGE Commission’s Web site (http:// Amex Rules 1000A et seq. provide COMMISSION www.sec.gov/rules/sro.shtml). standards for the listing and trading of [Release No. 34–54595; File No. SR–Amex– II. Self-Regulatory Organization’s IFSs, which are securities issued by an 2006–78] Statement of the Purpose of, and open-end management investment Statutory Basis for, the Proposed Rule company (open-end mutual fund) based Self-Regulatory Organizations; Change on a portfolio of stocks or fixed income American Stock Exchange LLC; Notice In its filing with the Commission, the securities that seeks to provide of Filing of a Proposed Rule Change Amex included statements concerning investment results that correspond and Amendment No. 1 Thereto the purpose of, and basis for, the generally to the price and yield Relating to Generic Listing Standards proposed rule change and discussed any performance of a specified foreign or for Series of Portfolio Depositary comments it received on the proposed domestic stock index or fixed income Receipts and Index Fund Shares rule change. The text of these statements securities index. Pursuant to Rules 1000 Based On International or Global may be examined at the places specified et seq. and 1000A et seq., PDRs and IFSs Indexes in Item IV below. The Amex has must be issued in a specified aggregate minimum number in return for a October 12, 2006. prepared summaries, set forth in deposit of specified securities and/or a Pursuant to Section 19(b)(1) of the sections A, B, and C below, of the most cash amount, with a value equal to the Securities Exchange Act of 1934 significant aspects of such statements. next determined net asset value. When (‘‘Exchange Act’’),1 and Rule 19b–4 A. Self-Regulatory Organization’s aggregated in the same specified thereunder,2 notice is hereby given that Statement of the Purpose of, and the minimum number, PDRs and IFSs must on August 18, 2006, the American Stock Statutory Basis for, the Proposed Rule be redeemed by the issuer for the Exchange LLC (‘‘Amex’’ or ‘‘Exchange’’) Change securities and/or cash, with a value filed with the Securities and Exchange 1. Purpose equal to the next determined net asset Commission (‘‘Commission’’) the value. The net asset value is calculated proposed rule change as described in The Exchange proposes to revise once a day after the close of the regular Items I, II and III below, which Items Commentary .03 to Rule 1000 and trading day. have been prepared by the Exchange. Commentary .02 to Rule 1000A to To meet the investment objective of On October 12, 2006, submitted include generic listing standards for providing investment returns that Amendment No. 1 to the proposal.3 The series of PDRs and IFSs (PDRs and IFSs correspond to the price, dividend and Commission is publishing this notice to together referred to as ‘‘exchange-traded yield performance of the underlying solicit comments on the proposed rule funds’’ or ‘‘ETFs’’) that are based on index, ETFs may use a ‘‘replication’’ change, as amended, from interested international or global indexes, or on strategy or a ‘‘representative sampling’’ persons. indexes previously approved by the Commission under Section 19(b)(2) of strategy with respect to the ETF I. Self-Regulatory Organization’s the Exchange Act for the trading of portfolio.7 An ETF, using a replication Statement of the Terms of Substance of ETFs, options or other index-based strategy, will invest in each stock found the Proposed Rule Change securities. This proposal will enable the in the underlying index in about the The Exchange proposes to revise Exchange to list and trade exchange- same proportion as that stock is Amex Rules 1000 and 1000A to include traded funds pursuant to Rule 19b–4(e) 4 represented in the index itself. An ETF, generic listing standards for series of of the Exchange Act if each of the using a representative sampling strategy, portfolio depositary receipts (‘‘PDRs’’) conditions set forth in Commentary .03 will generally invest in a significant and index fund shares (‘‘IFSs’’) that are to Rule 1000 or Commentary .02 to Rule number of the component securities of based on international or global indexes 1000A is satisfied. Rule 19b–4(e) the underlying index, but it may not or on indexes. Additionally, the provides that the listing and trading of invest in all of the component securities Exchange proposes to revise Amex a new derivative securities product by a of its underlying index and will hold Rules 1000 and 1000A to include self-regulatory organization (‘‘SRO’’) stocks that, in the aggregate, are generic listing standards for PDRs and shall not be deemed a proposed rule intended to approximate the full index IFSs that are based on indexes or change, pursuant to paragraph (c)(1) of in terms of key characteristics, such as portfolios previously approved by the Rule 19b–4, if the Commission has approved, pursuant to Section 19(b) of five business days after the SRO begins trading the Commission as an underlying new derivative securities products. See Securities benchmark for the trading of PDRs, IFSs, the Exchange Act, the SRO’s trading Exchange Act Release No. 40761 (December 8, options or other specified index-based rules, procedures and listing standards 1998), 63 FR 70952 (December 22, 1998). securities. The Amex also proposes to for the product class that would include 6 15 U.S.C. 80a. the new derivatives securities product, 7 In either case, many ETFs, by their terms, may be considered invested in the securities of the 12 17 CFR 200.30–3(a)(12). and the SRO has a surveillance program 5 underlying index to the extent the ETFs invest in 1 15 U.S.C. 78s(b)(1). for the product class. sponsored American Depositary Receipts (‘‘ADRs’’), 2 17 CFR 240. 19b–4. Global Depositary Receipts (‘‘GDRs’’), or European 3 In Amendment No. 1, Amex revised the 4 17 CFR 240.19b–4(e). Depositary Receipts (‘‘EDRs’’) representing proposed rule text and clarified certain aspects of 5 When relying on Rule 19b–4(e), the SRO must securities in the underlying index that trade on an its proposal. submit Form 19b–4(e) to the Commission within exchange with last sale reporting.

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price/earnings ratio, earnings growth, specified index-based derivatives on the ensure that stocks with substantial and dividend yield. same index, on the condition that all of market capitalization and trading In addition, ETF portfolios may be the standards set forth in those orders, volume account for a substantial portion adjusted in accordance with changes in in particular with respect to of the weight of an index or portfolio. the composition of the underlying surveillance sharing agreements, While the standards in this proposal are indexes or to maintain compliance with continued to be satisfied.13 based on the standards contained in the requirements applicable to a regulated In approving ETFs for Exchange current generic listing standards for investment company under the Internal trading, the Exchange states that the ETFs based on domestic indexes, they Revenue Code (‘‘IRC’’).8 Commission thoroughly considered the have been adapted as appropriate to structure of the ETFs, their usefulness to apply to international and global Generic Listing Standards for Exchange- investors and to the markets, and Amex indexes. Traded Funds rules that govern their trading. The As proposed, the definition section of The Exchange notes that the Exchange believes that adopting each of Rule 1000 and Rule 1000A— Commission has previously approved additional generic listing standards for section (b)—would be revised to include generic listing standards pursuant to these ETFs based on international and definitions of US Component Stock and Rule 19b–4(e) 9 of the Exchange Act for global indexes and applying Rule 19b– Non-US Component Stock. These new ETFs based on indexes that consist of 4(e) 14 should fulfill the intended definitions would provide the basis for stocks listed on U.S. exchanges.10 In objective of that Rule by allowing those the standards for indexes with either general, the proposed criteria for the ETFs that satisfy the proposed generic domestic or international stocks, or a underlying component securities in the listing standards to commence trading, combination of both. A ‘‘Non-US international and global indexes are without the need for the public Component Stock’’ would mean an similar to those for the domestic comment period and Commission equity security issued by an entity that indexes, but with modifications as approval. The proposed rules have the (a) is not organized, domiciled or appropriate for the issues and risks potential to reduce the time frame for incorporated in the United States; (b) is associated with non-U.S. securities. bringing ETFs to market, thereby not registered under Sections 12(b) or In addition, the Commission has reducing the burdens on issuers and 12(g) of the Exchange Act; and (c) is an previously approved the listing and other market participants. The failure of operating company (including Real trading of ETFs based on international a particular ETF to comply with the Estate Investment Trusts (REITS) and indexes—those based on non-U.S. proposed generic listing standards income trusts, but excluding investment component stocks—as well as global under Rule 19b–4(e) 15 would not, trusts, unit trusts, mutual funds, and indexes—those based on non-U.S. and however, preclude the Exchange from derivatives). This definition is designed U.S. component stocks.11 submitting a separate filing pursuant to to create a category of component stocks The Exchange notes that the Section 19(b)(2),16 requesting that are issued by companies that are Commission has also approved listing Commission approval to list and trade a not based in the U.S., but that also are standards for other index-based particular ETF. not subject to oversight through derivatives that permit the listing and Commission registration, and would trading pursuant to Rule 19b–4(e) 12 of Requirements for Listing and Trading include sponsored GDRs and EDRs. This such securities where the Commission ETFs Based on International and Global definition would appear in new had previously approved the trading of Indexes subsection (4) of Rule 1000(b) and new The Exchange states that exchange- subsection (5) of Rule 1000A(b). A ‘‘US 8 In order for an ETF to qualify for tax treatment traded funds listed pursuant to these Component Stock’’ would mean an as a regulated investment company, it must meet generic standards for international and equity security that is registered under several requirements under the IRC. Among these global indexes would be traded, in all Sections 12(b) or 12(g) of the Exchange is the requirement that, at the close of each quarter of the ETF’s taxable year, (i) at least 50% of the other respects, under the Exchange’s Act, which would include an equity market value of the ETF’s total assets must be existing trading rules and procedures security registered under Section 12(b) represented by cash items, U.S. government that apply to ETFs and would be or 12(g) of the Exchange Act underlying securities, securities of other regulated investment covered under the Exchange’s ADRs. companies and other securities, with such other 17 Equity securities underlying ADRs securities limited for purposes of this calculation in surveillance program for ETFs. respect of any one issuer to an amount not greater In order to list a PDR or an IFS that are registered pursuant to the than 5% of the value if the ETF’s assets and not pursuant to the proposed generic listing Exchange Act are considered US greater than 10% of the outstanding voting standards for international or global Component Stocks because the issuers securities of such issuer, and (ii) not more than 25% of those securities are subject to of the value of its total assets may be invested in indexes, the index underlying the PDR the securities of any one issuer, or two or more or IFS must satisfy all the conditions Commission jurisdiction and must issuers that are controlled by the ETF (within the contained in proposed Commentary .03 comply with Commission rules. This meaning of Section 851 (b)(4)(B) of the IRC) and to Rule 1000 (for PDRs) or proposed definition would appear in new that are engaged in the same or similar trades or subsection (3) of Rule 1000(b) and new businesses or related trades or business (other than Commentary .02 to Rule 1000A (for U.S. government securities or the securities of other IFSs). As with the existing generic subsection (4) of Rule 1000A(b). regulated investment companies). standards for ETFs based on domestic The Exchange proposes that in order 9 17 CFR 240.19b–4(e). indexes, the Exchange states that these to list a PDR or an IFS based on an 10 See Commentary .03 to Amex Rule 1000 and generic listing standards are intended to international or global index pursuant to Commentary .02 to Amex Rule 1000A. See also the generic standards, the index must Securities Exchange Act Release No. 42787 (May 13 See Amex Company Guide Section 107D meet the following criteria: 15, 2000), 65 FR 33598 (May 24, 2000). • 11 See, e.g., Securities Exchange Act Release Nos. (Index-Linked Securities), Securities Exchange Act Component stocks that in the 50189 (August 12, 2004), 69 FR 51723 (August 20, Release No. 51563 (April 15, 2005), 70 FR 21257 aggregate account for at least 90% of the 2004) (approving the listing and trading of certain (April 25, 2005). weight of the index or portfolio shall 14 17 CFR 240.19b–4(e). Vanguard International Equity Index Funds); 44700 have a minimum worldwide market (August 14, 2001), 66 FR 43927 (August 21, 2001) 15 17 CFR 240.19b–4(e). (approving the listing and trading of series of the 16 15 U.S.C. 78s(b)(2). value of at least $100 million (Rule iShares Trust based on certain S&P global indexes). 17 See Amex Rules 1000 through 1006 and 1000A 1000, Commentary .03(a)(B)(1) and Rule 12 17 CFR 240.19b–4(e). through 1005A. 1000A, Commentary .02(a)(B)(1));

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• Component stocks representing at Stocks.18 Second, in the proposed shares trade on the Exchange to reflect least 90% of the weight of the index or standards, the most heavily weighted changes in the exchange rate between portfolio shall have a minimum component stock cannot exceed 25% of the U.S. dollar and the currency in monthly worldwide trading volume the weight of the index or portfolio, in which any component stock is during each of the last six months of at contrast to a 30% standard for an index denominated. least 250,000 shares (Rule 1000, or portfolio comprised of only U.S. The Exchange is also proposing to add Commentary .03(a)(B)(2) and Rule Component Stocks. Third, in the a subsection (i) to Commentary .03 to 1000A, Commentary .02(a)(B)(2)); proposed standards, the five most Rule 1000 and a subsection (j) to • The most heavily weighted heavily weighted component stocks Commentary .02 to Rule 1000A component stock may not exceed 25% shall not exceed 60% of the weight of regarding the creation and redemption of the weight of the index or portfolio the index or portfolio, compared to a process for ETFs and compliance with and the five most heavily weighted 65% standard for indexes comprised of Federal securities laws for, in particular, component stocks may not exceed 60% only U.S. Component Stocks. Fourth, ETFs listed pursuant to the generic of the weight of the index or portfolio the minimum number of stocks in the standards for international and global (Rule 1000, Commentary .03(a)(B)(3) proposed standards is 20, in contrast to indexes. These new subsections will and Rule 1000A, Commentary a minimum of 13 in the standards for an apply to PDRs listed pursuant to .02(a)(B)(3)); index or portfolio with only U.S. Commentary .03(a)(B) or (C) and for Component Stocks. Finally, the IFSs listed pursuant to Commentary • The index or portfolio shall include proposed standards require that each .02(a)(B) or (C). They will require that a minimum of 20 component stocks Non-US Component Stock included in the statutory prospectus or the (Rule 1000, Commentary .03(a)(B)(4) the index or portfolio be listed and application for exemption from and Rule 1000A, Commentary traded on an exchange that has last-sale provisions of the 1940 Act for the ETF .02(a)(B)(4)); and being listed pursuant to these new • reporting. Each U.S. Component Stock in the The Exchange also proposes to modify standards must state that the ETF must index or portfolio shall be listed on a Commentary .03(b)(iii) to Rule 1000 and comply with the Federal securities laws national securities exchange and shall Commentary .02(b)(iii) to Rule 1000A to in accepting securities for deposits and be an NMS Stock as defined in Rule 600 require that the index value for ETFs satisfying redemptions with redemption of Regulation NMS under the Exchange listed pursuant to the proposed securities, including that the securities Act, and each Non-US Component Stock standards for international and global accepted for deposits and the securities in the index or portfolio shall be listed indexes be widely disseminated by one used to satisfy redemption requests are on an exchange that has last-sale or more major market data vendors at sold in transactions that would be reporting (Rule 1000, Commentary least every 60 seconds during the time exempt from registration under the .03(a)(B)(5) and Rule 1000A, when the ETF trades on the Exchange. Securities Act of 1933.19 Commentary .02(a)(B)(5)). If the index value does not change The Exchange states that the The Exchange believes that these during some or all of the period when Commission has approved generic proposed standards are reasonable for trading is occurring on the Exchange, standards providing for the listing 20 international and global indexes, and, the last official calculated index value pursuant to Rule 19b-4(e) of other when applied in conjunction with the must remain available throughout derivative products based on indexes other listing requirements, will result in Exchange trading hours. In contrast, previously approved by the Commission ETFs that are sufficiently broad-based in index values for ETFs listed pursuant to under Section 19(b)(2) of the Exchange scope and not readily susceptible to the existing standards for domestic Act. The Exchange proposes to include manipulation. The Exchange also indexes must be disseminated at least in the generic standards for the listing believes that the proposed standards every 15 seconds during the trading day. of PDRs and IFSs, in new Commentary will result in ETFs that are adequately This modification reflects limitations, in .03(a)(C) to Rule 1000 and Commentary diversified in weighting for any single some instances, on the frequency of .02(a)(C) to Rule 1000A, indexes that security or small group of securities to intra-day trading information with have been approved by the Commission significantly reduce concerns that respect to Non-US Component Stocks as underlying benchmarks in trading in the ETFs based on and that in many cases, trading hours connection with the listing of options, international or global indexes could for overseas markets overlap only in PDRs, IFSs, Index-Linked Exchangeable become a surrogate for trading in part, or not at all, with Exchange trading Notes or Index-Linked Securities. The unregistered securities. hours. In addition, Commentary .03(c) Exchange believes that the application of this standard to ETFs is appropriate The Exchange further notes that, to Rule 1000 and Commentary .02(c) to because the underlying index will have while these standards are similar to Rule 1000A are being modified to define been subject to detailed and specific those for indexes that include only U.S. the term ‘‘Indicative Intraday Value’’ as Commission review in the context of the Component Stocks, they differ in certain the estimate that is updated every 15 approval of listing of other derivatives. important respects and are generally seconds of the value of a share of each For example, Section 107D (Index- more restrictive, reflecting greater ETF, for ease of reference in these rules Linked Securities) of the Amex concerns over diversification with and also in Rules 1002 and 1002A Company Guide includes as one respect to ETFs investing in components regarding continued listing standards. element of the standards for listing that are not individually registered with The Exchange also proposes to clarify in Index-Linked Exchangeable Notes the Commission. First, in the proposed Commentary .03(c) to Rule 1000 and pursuant to Rule 19b–4(e) 21 the standards, component stocks that in the Commentary .02(c) to Rule 1000A that previous review and approval for aggregate account for at least 90% of the the Intraday Indicative Value will be trading of options or other derivatives weight of the index or portfolio shall updated during the hours the ETF by the Commission under Section have a minimum market value of at least $100 million, compared to a minimum 18 The Exchange states that ‘‘market value’’ is calculated by multiplying the total shares 19 15 U.S.C. 77a et seq. market value of at least $75 million for outstanding by the price per share of the component 20 17 CFR 240.19b–4(e). indexes with only U.S. Component stock. 21 17 CFR 240.19b–4(e).

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19b(2) of the Exchange Act and rules Value or the index value persists past III. Date of Effectiveness of the thereunder.22 the trading day in which it occurred, the Proposed Rule Change and Timing for This new generic standard will be Exchange will halt trading no later than Commission Action limited to stock indexes and will require the beginning of the trading day Within 35 days of the date of that each component stock be either (i) following the interruption. publication of this notice in the Federal a U.S. Component Stock that is listed on Register or within such longer period (i) a national securities exchange and is an The Exchange is proposing other as the Commission may designate up to NMS Stock as defined in Rule 600 of minor and clarifying changes to Rules 90 days of such date if it finds such Regulation NMS under the Exchange 1000, 1002, 1000A and 1002A. The longer period to be appropriate and Act or (ii) a Non-US Component Stock standards set out in Commentary publishes its reasons for so finding or that is listed and traded on an exchange .03(a)(A) to Rule 1000 and Commentary that has last-sale reporting. .02(a)(A) to Rule 1000A are being (ii) as to which Amex consents, the The Exchange is also proposing to modified to make the wording of each Commission will: include additional continued listing requirement consistent; in addition, (A) By order approve such proposed rule change, or standards relating to ETFs that standard (5) has been modified to reflect (B) Institute proceedings to determine substitute new indexes, either in the the adoption of Regulation NMS.25 instance where the value of the index or whether the proposed rule change Proposed Commentary .03(b)(iv) to Rule should be disapproved. portfolio of securities on which the ETF 1000 and Commentary .02(b)(iv) to Rule is based is no longer calculated or The Commission is considering 1000A have been added reflect make granting accelerated approval of the available, or in the event that the ETF sure that entities that advise index chooses to substitute a new index or proposed rule change, as amended, at providers or calculators and related the end of a 15-day comment period.28 portfolio for the existing index or entities have in place procedures portfolio. In both instances, the designed to prevent the use and IV. Solicitation of Comments Exchange would commence delisting dissemination of material non-public Interested persons are invited to proceedings if the new index or submit written data, views, and portfolio does not meet the information regarding the index requirements of and listing standards set underlying the ETF. arguments concerning the foregoing, including whether the proposed rule forth in Rules 1000 et seq. or Rules 2. Statutory Basis 1000A et seq., as applicable. If, for change, as amended, is consistent with example, an ETF chose to substitute an The Exchange believes that the the Exchange Act. Comments may be index that did not meet any of the proposed rule change, as amended, is submitted by any of the following methods: generic listing standards for listing of consistent with Section 6 of the ETFs pursuant to Rule 19b–4(e),23 then Exchange Act,26 in general, and furthers Electronic Comments for continued listing, approval by the the objectives of Section 6(b)(5) of the • Use the Commission’s Internet Commission of a separate filing 27 Exchange Act, in particular, in that it comment form (http://www.sec.gov/ pursuant to Section 19(b)(2) 24 to list is designed to prevent fraudulent and rules/sro.shtml); or and trade that ETF would be required. manipulative acts and practices, to • Send an e-mail to rule- The Exchange proposes to modify the promote just and equitable principles of [email protected]. Please include File initial and continued listing standards trade, to foster cooperation and Number SR–Amex–2006–78 on the relating to disseminated information to coordination with persons engaged in subject line. formalize in the rules existing best facilitating transactions in securities, practices for providing equal access to Paper Comments and to remove impediments to and material information about the value of • Send paper comments in triplicate ETFs. Pursuant to Rules 1002(a)(ii) and perfect the mechanism of a free and open market and a national market to Nancy M. Morris, Secretary, 1002A(a)(ii), prior to approving an ETF Securities and Exchange Commission, for listing, the Exchange will obtain a system, and, in general, to protect investors and the public interest. 100 F Street, NE., Washington, DC representation from the ETF issuer that 20549–1090. the net asset value per share will be B. Self-Regulatory Organization’s All submissions should refer to File calculated daily and made available to Statement on Burden on Competition all market participants at the same time. Number SR–Amex–2006–78. This file number should be included on the Proposed Rules 1002(b)(ii) and The Exchange does not believe that subject line if e-mail is used. To help the 1002A(b)(ii) set out the trading halt the proposed rule change will impose Commission process and review your parameters for ETFs. In particular, the any burden on competition. proposed rules specifically set out that comments more efficiently, please use if the Intraday Indicative Value (as C. Self-Regulatory Organization’s only one method. The Commission will defined in Commentary .03 to Rule 1000 Statement on Comments on the post all comments on the Commission’s and Commentary .02 to Rule 1000A) or Proposed Rule Change Received From Internet Web site (http://www.sec.gov/ the index value applicable to that series Members, Participants or Others rules/sro.shtml). Copies of the of ETFs is not being disseminated as submission, all subsequent required, the Exchange may halt trading The Exchange did not receive any amendments, all written statements during the day in which the written comments on the proposed rule with respect to the proposed rule interruption to the dissemination of the change. change that are filed with the Intraday Indicative Value or the index Commission, and all written communications relating to the value occurs. If the interruption to the 25 17 CFR 242.600 et seq. See also Securities dissemination of the Intraday Indicative Exchange Act Release No. 51808 (June 9, 2005), 70 28 Amex has requested accelerated approval of FR 37496 (June 29, 2005) (‘‘Regulation NMS this proposed rule change, as amended, prior to the 22 Approval Order’’). See supra note 5. 30th day after the date of publication of the notice 23 17 CFR 240.19b–4(e). 26 15 U.S.C. 78f(b). of the filing thereof, following the conclusion of a 24 15 U.S.C. 78s(b)(2). 27 15 U.S.C. 78f(b)(5). 15-day comment period.

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proposed rule change between the I. Self-Regulatory Organization’s Book integration rule proposal 7 which Commission and any person, other than Statement of the Terms of Substance of has caused a conflict regarding the those that may be withheld from the the Proposed Rule Change numbering of certain Nasdaq rules, public in accordance with the Nasdaq proposes to renumber the provisions of 5 U.S.C. 552, will be Nasdaq is proposing to modify provisions governing the operation of available for inspection and copying in Nasdaq Rule 4760 relating to the the Nasdaq Crossing Network as Nasdaq the Commission’s Public Reference operation of the Nasdaq Crossing Rule 4770. Network. Nasdaq plans to implement Room. Copies of the filing also will be In addition, in response to input from available for inspection and copying at the proposed rule change on November 6, 2006. The text of the proposed rule our members and other market the principal office of the Exchange. All participants, Nasdaq proposes to modify comments received will be posted change is available on Nasdaq’s Web site (http://www.nasdaq.com), at the times of the Reference Price Crosses without change; the Commission does during the regular hours session. Under not edit personal identifying Nasdaq’s principal office, and at the Commission’s Public Reference Room. the proposed rule change, the regular information from submissions. You hours session crosses would commence should submit only information that II. Self-Regulatory Organization’s at 10:45 a.m., 12:45 p.m., and 2:45 p.m. you wish to make available publicly. All Statement of the Purpose of, and Eastern Time. submissions should refer to File Statutory Basis for, the Proposed Rule Nasdaq also proposes to add a Number SR–Amex–2006–78 and should Change clarification to Nasdaq Rule 4770 about be submitted on or before November 3, how Reference Price Cross orders will 2006. In its filing with the Commission, be allocated. The existing rule provides Nasdaq included statements concerning For the Commission, by the Division of that Reference Price Cross orders will be the purpose of and basis for the Market Regulation, pursuant to delegated allocated on a pro-rata basis, so that 29 proposed rule change and discussed any authority. shares will be allocated pro-rata in comments it received on the proposed J. Lynn Taylor, round lots to eligible orders based on rule change. The text of these statements Assistant Secretary. the original size of the order. If may be examined at the places specified [FR Doc. E6–17396 Filed 10–18–06; 8:45 am] additional shares remain after the initial in Item IV below. Nasdaq has prepared BILLING CODE 8011–01–P pro-rata allocation, those shares will summaries, set forth in Sections A, B, continue to be allocated pro-rata to and C below, of the most significant eligible orders until a number of round aspects of such statements. SECURITIES AND EXCHANGE lots remain that is less than the number COMMISSION A. Self-Regulatory Organization’s of eligible orders. The proposed rule Statement of the Purpose of, and change clarifies that any remaining [Release No. 34–54598; File No. SR– NASDAQ–2006–042] Statutory Basis for, the Proposed Rule shares will be allocated to the order Change which has designated the smallest minimum acceptable execution Self-Regulatory Organizations; The 1. Purpose NASDAQ Stock Market LLC; Notice of quantity. If more than one such order Filing and Immediate Effectiveness of On July 5, 2006, the Commission exists, any remaining shares will be Proposed Rule Change To Modify approved Nasdaq Rule 4760 which allocated to the oldest eligible order. Nasdaq Rule 4760 Relating to the governs the operation of the Nasdaq 2. Statutory Basis Operation of the Nasdaq Crossing Crossing Network.5 The Nasdaq Network Crossing Network will provide a new Nasdaq believes that the proposed execution option to market participants rule change is consistent with the October 13, 2006. trading in Nasdaq and other exchange- provisions of section 6 of the Act,8 in Pursuant to section 19(b)(1) of the listed securities that will facilitate the general and with section 6(b)(5) of the Securities Exchange Act of 1934 execution of trades quickly and Act,9 in particular, in that it is designed 1 2 (‘‘Act’’) and Rule 19b–4 thereunder, anonymously. Nasdaq expects to launch to promote just and equitable principles notice is hereby given that on October the operation of the Crossing Network of trade, to foster cooperation and 4, 2006, The NASDAQ Stock Market on or about November 6, 2006.6 coordination with persons engaged in LLC (‘‘Nasdaq’’) filed with the Securities regulating, clearing, settling, processing In anticipation of the launch, Nasdaq and Exchange Commission information with respect to, and has proposed some minor modifications (‘‘Commission’’) the proposed rule facilitating transactions in securities, to to Nasdaq Rule 4760. Due to the change as described in Items I, II, and remove impediments to and perfect the intervening approval of Nasdaq’s Single III below, which Items have been mechanism of a free and open market prepared by Nasdaq. Nasdaq filed the and a national market system, and, in 5 proposed rule change pursuant to See Securities Exchange Act Release No. 54248 general, to protect investors and the 3 (July 31, 2006), 71 FR 44738 (August 7, 2006) (SR– section 19(b)(3)(A) of the Act and Rule NASDAQ–2006–019). Prior to the effective date of public interest. Nasdaq believes that the 4 19b–4(f)(6) thereunder, which renders Nasdaq’s operation as an exchange for Nasdaq- proposed rule change is consistent with the proposed rule change effective upon listed securities, the rule governing the Nasdaq these requirements in that the changes filing with the Commission. The Crossing Network had been approved as an NASD rule (NASD Rule 4716). Securities Exchange Act are designed to address market Commission is publishing this notice to Release No. 54101 (July 5, 2006), 71 FR 39382 (July participant input and issues raised in solicit comments on the proposed rule 12, 2006) (SR–NASD–2005–140). testing relating to Nasdaq’s proposed change from interested persons. 6 Telephone conference between Jan Woo, reference price crossing product, which Attorney, Division of Market Regulation, Commission, and Jeffrey Davis, Senior Associate 29 17 CFR 200.30–3(a)(12). 7 General Counsel, Nasdaq, on October 4, 2006 See Securities Exchange Act Release No. 54155 1 15 U.S.C. 78s(b)(1). (correcting a typographical error in the filing which (July 14, 2006), 71 FR 41291 (July 20, 2006) (SR– 2 17 CFR 240.19b–4. stated that Nasdaq plans to launch the operation of NASDAQ–2006–001). 3 15 U.S.C. 78s(b)(3)(A). the Crossing Network on or about October 30, 8 5 U.S.C. 78f. 4 17 CFR 240.19b–4(f)(6). 2006). 9 15 U.S.C. 78f(b)(5).

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will provide the Nasdaq additional Securities and Exchange Commission, September 27, 2006, The NASDAQ means for facilitating transactions. 100 F Street, NE., Washington, DC Stock Market LLC (‘‘Nasdaq’’), filed 20549–1090. with the Securities and Exchange B. Self-Regulatory Organization’s Commission (‘‘Commission’’ or ‘‘SEC’’) Statement on Burden on Competition All submissions should refer to File Number SR–NASDAQ–2006–042. This the proposed rule change as described Nasdaq does not believe that the file number should be included on the in Items I, and II below, which Items proposed rule change will result in any subject line if e-mail is used. To help the have been prepared by Nasdaq. On burden on competition that is not Commission process and review your October 12, 2006, Nasdaq filed necessary or appropriate in furtherance comments more efficiently, please use Amendment No. 1 to the proposed rule of the purposes of the Act. only one method. The Commission will change.3 Nasdaq has requested that this C. Self-Regulatory Organization’s post all comments on the Commission’s proposal, as amended, be approved on Statement on Comments on the Internet Web site (http://www.sec.gov/ an accelerated basis by October 16, 2006 Proposed Rule Change Received From rules/sro.shtml). Copies of the to coincide with the launch of Nasdaq’s Members, Participants, or Others submission, all subsequent new Single Book execution system. The amendments, all written statements Commission is publishing this notice to Written comments were neither with respect to the proposed rule solicit comments on the proposed rule solicited nor received. change that are filed with the change, as amended, from interested III. Date of Effectiveness of the Commission, and all written persons. In addition, the Commission is Proposed Rule Change and Timing for communications relating to the granting accelerated approval of the Commission Action proposed rule change between the proposed rule change, as amended. Commission and any person, other than Because the foregoing proposed rule I. Self-Regulatory Organization’s those that may be withheld from the change does not: (1) Significantly affect Statement of the Terms of Substance of public in accordance with the the protection of investors or the public the Proposed Rule Change provisions of 5 U.S.C. 552, will be interest; (2) impose any significant available for inspection and copying in Nasdaq proposes to modify Nasdaq burden on competition; and (3) by its the Commission’s Public Reference Rule 3350(a) to establish the national terms become operative for 30 days after Room. Copies of such filing also will be best bid rather than the Nasdaq best bid, the date of this filing, or such shorter available for inspection and copying at as the basis for determining compliance time as the Commission may designate the principal office of Nasdaq. with Nasdaq Rule 3350(a). if consistent with the protection of All comments received will be posted Nasdaq also proposes to amend investors and the public interest, the without change; the Commission does Nasdaq Rule 4755(a)(2) to clearly proposed rule change has become not edit personal identifying describe the test that Nasdaq’s Single effective pursuant to section information from submissions. You Book execution system will use to 19(b)(3)(A) 10 of the Act and Rule 19b– should submit only information that validate for compliance with applicable 4(f)(6) thereunder.11 you wish to make available publicly. All short sale rules for all securities that At any time within 60 days of the submissions should refer to the File trade through the system. filing of such proposed rule change, the Number SR–NASDAQ–2006–042 and The text of the proposed rule change, Commission may summarily abrogate should be submitted on or before as amended, is below. Proposed new such rule change if it appears to the November 9, 2006. language is italicized; proposed Commission that such action is deletions are in brackets.4 For the Commission, by the Division of necessary or appropriate in the public * * * * * interest, for the protection of investors, Market Regulation, pursuant to delegated 12 or otherwise in furtherance of the authority. 3350 Short Sale Rule J. Lynn Taylor, purposes of the Act. (a) With respect to trades executed on Assistant Secretary. IV. Solicitation of Comments Nasdaq, no member shall effect a short [FR Doc. E6–17440 Filed 10–18–06; 8:45 am] sale for the account of a customer or for Interested persons are invited to BILLING CODE 8011–01–P its own account in a Nasdaq Global submit written data, views and Market security at or below the current arguments concerning the foregoing, best (inside) bid displayed in the including whether the proposed rule SECURITIES AND EXCHANGE [Nasdaq Market Center] National Market change is consistent with the Act. COMMISSION System when the current best (inside) Comments may be submitted by any of [Release No. 34–54601; File No. SR– bid is below the preceding best (inside) the following methods: NASDAQ–2006–037] bid in the security. For purposes of this Electronic Comments rule, the term ‘‘customer’’ includes a Self-Regulatory Organizations; The • non-member broker-dealer. Use the Commission’s Internet NASDAQ Stock Market LLC; Notice of (b)–(l) No Change. comment form (http://www.sec.gov/ Filing and Order Granting Accelerated * * * * * rules/sro.shtml); or Approval of Proposed Rule Change To • Send an e-mail to rule- Modify NASDAQ Rules 3350 and 4755 4755. Order Entry Parameters [email protected]. Please include File (a) System Orders Number SR–NASDAQ–2006–042 on the October 13, 2006. subject line. Pursuant to section 19(b)(1) under the (1) No Change. Securities Exchange Act of 1934 Paper Comments 3 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 In Amendment No. 1, which supplemented the • Send paper comments in triplicate notice is hereby given that on original filing, Nasdaq made certain technical and clarifying changes following discussions with to Nancy M. Morris, Secretary, Commission staff. 12 17 CFR 200.30–3(a)(12). 4 Changes are marked to the rule text that appears 10 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). in the electronic NASDAQ Manual found at http:// 11 17 CFR 240.19b–4(f)(6). 2 17 CFR 240.19b–4. www.nasdaqtrader.com.

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(2) Short Sale Compliance-System on June 29, 1994, the SEC approved the selects and applies a single bid tick orders to sell short shall not be executed NASD’s short sale rule applicable to indicator for all such trades executed by if the execution of such an order would short sales in Nasdaq Global Market that firm. violate any applicable short sale securities.5 Nasdaq states that in its Nasdaq notes that it elected to apply regulation of the SEC or Nasdaq. For January 13, 2006, order approving the Nasdaq-based bid tick because at Nasdaq securities, the System shall Nasdaq’s registration as a national that time the NBBO was regularly validate for short sale compliance using securities exchange, the Commission different from the best bid that was a bid tick based upon changes to the granted Nasdaq an exemption from Rule reasonably accessible to many market national best bid and offer disseminated 10a–1 to permit the application of participants. Nasdaq states that this pursuant to an effective transaction Nasdaq Rule 3350 (the ‘‘Nasdaq Rule’’) would occur when a market that was reporting plan. For NYSE and Amex rather than SEC Rule 10a–1 to the relatively inaccessible, such as a securities, the System shall validate for trading of Nasdaq-listed securities on manual, floor-based market with no short sale compliance based upon Nasdaq.6 Nasdaq notes, however, that electronic linkages, submitted a bid to changes to the consolidated last sale SEC Rule 10a–1 continues to apply to the network processor that became part disseminated pursuant to an effective the trading of securities listed on other of the NBBO. When that bid created a transaction reporting plan. national securities exchanges. down arrow for the NBBO-based bid (3)–(4) No Change. Nasdaq states that the Nasdaq Rule tick, Nasdaq participants would be * * * * * employs a ‘‘bid’’ test rather than a tick precluded from executing short sales, test because Nasdaq trades are not absent an exemption. Nasdaq notes that II. Self-Regulatory Organization’s necessarily reported to the tape in this was true even where Nasdaq Statement of the Purpose of, and chronological order. Nasdaq notes that, participants could not access the other Statutory Basis for, the Proposed Rule currently, its short sale rule prohibits market and even though that market did Change short sales at or below the inside bid not itself impose a bid-based short sale In its filing with the Commission, when the current inside bid is below the restriction. In that case, Nasdaq states Nasdaq included statements concerning previous inside bid. Nasdaq notes that that the Nasdaq participant could not the purpose of and basis for the it calculates the inside bid from all execute a short sale on Nasdaq due to proposed rule change, as amended, and market makers in the security and the downward bid tick, nor could it discussed any comments it received on disseminates symbols to denote whether execute the sale on the inaccessible the proposed rule change, as amended. the current inside bid is an ‘‘up-bid’’ or market due to the absence of a linkage The text of these statements may be a ‘‘down-bid.’’ In addition, Nasdaq notes with that market. Nasdaq notes that at examined at the places specified in Item that to effect a ‘‘legal’’ short sale on a the same time, Nasdaq’s execution III below. Nasdaq has prepared down-bid, the short sale must be system could be forced to halt summaries, set forth in Sections A, B, executed at a price at least $.01 above processing while the inaccessible and C below, of the most significant the current inside bid. Nasdaq states market set the NBBO. Nasdaq believed aspects of such statements. that the Nasdaq Rule is in effect from that this situation was inequitable and 9:30 a.m. until 4 p.m. each trading day. that the appropriate outcome was to A. Self-Regulatory Organization’s Also, Nasdaq notes that from the time establish a bid tick based upon quotes Statement of the Purpose of, and the Nasdaq Rule was implemented until that were accessible through Nasdaq Statutory Basis for, the Proposed Rule December of 2002, Nasdaq utilized the systems. Change NBBO to calculate the bid tick used to Rationale for Proposal. Nasdaq states that its rationale for using the Nasdaq- 1. Purpose determine short sale compliance. Nasdaq states that in December of based bid tick rather than the NBBO- Nasdaq proposes to modify Rule 2002, Nasdaq modified the method it based bid tick for short sale compliance 3350(a) and Rule 4755(a)(2) to state that used to calculate the last bid by having is less powerful today, and there are short sale compliance for Nasdaq it refer to the ‘‘Nasdaq Inside’’ which is countervailing interests today that did securities will be based upon changes to comprised of quotations from all not exist in 2002. Nasdaq states that as the national best bid and offer participants in the Nasdaq Market Nasdaq and the rest of the industry (‘‘NBBO’’) as is currently the case in the Center (known then as SuperMontage), approach the implementation of INET system, as opposed to changes in rather than referring to the NBBO.7 Regulation NMS, the NBBO has the Nasdaq best bid as is currently the Nasdaq notes that it currently calculates assumed, and will continue to assume, case in the Nasdaq Market Center. and applies the Nasdaq-based bid tick increased importance, and participants Background. Nasdaq states that indicator to all Nasdaq Market Center will modify their systems to utilize the section 10(a) of the Act gives the trades. With respect to trades executed NBBO for a variety of trading, routing, Commission plenary authority to outside Nasdaq execution systems and and compliance purposes. Nasdaq notes regulate short sales of securities reported to Nasdaq, however, Nasdaq that the majority of Nasdaq members are registered on a national securities states that Nasdaq participants have using the NBBO-based bid tick rather exchange, as needed to protect been permitted to validate for short sale than the Nasdaq-based bid tick, and it investors. Nasdaq notes that although compliance by reference either to the is expected that more firms will do so the Commission has regulated short NBBO-based bid tick or to the Nasdaq- as they program their systems to comply sales since 1938, that regulation has based bid tick, provided that each firm with Regulation NMS. Thus, Nasdaq been limited to short sales of exchange- states that to maintain its use of the listed securities. Nasdaq states that in 5 Formerly referred to as ‘‘Nasdaq National Nasdaq-based bid tick would, at this 1992, Nasdaq, believing that short-sale Market’’ securities. See Securities Exchange Act point in time, fly in the face of regulation was important to the orderly Release No. 54071 (June 29, 2006); 71 FR 38922 overwhelming regulatory and industry operation of securities markets, (July 10, 2006) (approving name change). momentum. proposed a short sale rule for trading of 6 Securities Exchange Act Release No. 53128 Nasdaq believes that due to the (January 13, 2006). Nasdaq National Market securities that 7 See Securities Exchange Act Release No. 46999 relative activity on Nasdaq’s systems, it incorporated the protections provided (December 13, 2002); 67 FR 78534 (December 24, will be far more disruptive for Nasdaq by SEC Rule 10a–1. Nasdaq notes that 2002). to apply the Nasdaq-based bid tick than

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to apply the NBBO-based bid tick. system, and, in general, to protect comments received will be posted Nasdaq states that the INET system investors and the public interest. without change; the Commission does currently uses the NBBO-based bid tick, not edit personal identifying B. Self-Regulatory Organization’s and it accounts for approximately 32 information from submissions. You Statement on Burden on Competition percent of consolidated trading in should submit only information that Nasdaq securities, whereas the Nasdaq Nasdaq does not believe that the you wish to make available publicly. All Market Center accounts for proposed rule change, as amended, will submissions should refer to File approximately 11 percent market share result in any burden on competition that Number SR–NASDAQ–2006–037 and in Nasdaq securities. Therefore, Nasdaq is not necessary or appropriate in should be submitted on or before believes it will be less disruptive to furtherance of the purposes of the Act. November 9, 2006. continue using the NBBO-based bid tick C. Self-Regulatory Organization’s IV. Commission’s Findings and Order employed by current INET users. Statement on Comments on the Granting Accelerated Approval of In addition, Nasdaq notes that the Proposed Rule Change Received From Proposed Rule Change NASD recently announced that all Members, Participants, or Others NASD members that execute short sales After careful consideration, the in the over-the-counter market must Written comments were neither Commission finds that modification of utilize the NBBO-based bid tick no later solicited nor received. the method used to calculate the bid than November 3, 2006. Thus, Nasdaq III. Solicitation of Comments tick indicator to determine the permissibility of a short sale and the states that since the vast majority of Interested persons are invited to Nasdaq members are also NASD clarification regarding which short sale submit written data, views, and price test Nasdaq’s Single Book members that trade over-the-counter, arguments concerning the foregoing, Nasdaq members are already on notice execution system will use to validate for including whether the proposed rule compliance for short sales traded that their systems must use the NBBO- change, as amended, is consistent with based bid tick for short sale compliance through the system are consistent with the Act. Comments may be submitted by the requirements of the Act and the by November 3. Nasdaq states that by any of the following methods: moving to the NBBO-based bid tick, rules and regulations thereunder Nasdaq will be creating uniformity Electronic Comments applicable to a national securities 10 among joint NASD/Nasdaq members • Use the Commission’s Internet exchange. In particular, the that trade Nasdaq securities on Nasdaq comment form (http://www.sec.gov/ Commission finds that the proposed and in the over-the-counter markets. In rules/sro.shtml); or rule change, as amended, is consistent addition, Nasdaq notes that this • Send an e-mail to rule- with the requirements of section 6(b)(5) 11 coincides almost exactly with the final [email protected]. Please include File of the Act, which requires, among roll-out of Nasdaq’s new Single Book Number SR–NASDAQ–2006–037 on the other things, that Nasdaq’s rules be execution system. Nasdaq states that it subject line. designed to promote just and equitable would be more disruptive to require principles of trade, to remove Nasdaq to continue to apply the Nasdaq- Paper Comments impediments to and perfect the based bid tick during the roll-out of the • Send paper comments in triplicate mechanism of a free and open market Single Book execution system. to Nancy M. Morris, Secretary, and a national market system, and in Nasdaq is also proposing to amend Securities and Exchange Commission, general, to protect investors and the Rule 4755(a)(2) to clearly describe the 100 F Street, NE., Washington, DC public interest. test that Nasdaq’s Single Book execution 20549–1090. Nasdaq has requested that the system will use to validate for All submissions should refer to File Commission find good cause for compliance with applicable short sale Number SR–NASDAQ–2006–037. This approving the proposed rule change, as rules for all securities that trade through file number should be included on the amended, prior to the 30th day after the system. Nasdaq states that for subject line if e-mail is used. To help the publication of notice thereof in the Nasdaq-listed securities, the rule states Commission process and review your Federal Register. Nasdaq has confirmed that the system will use a bid tick based comments more efficiently, please use to the Commission that it would be upon the NBBO. For NYSE- and Amex- only one method. The Commission will more disruptive to market participants listed securities, the system will use a post all comments on the Commission’s to continue to determine the tick based upon changes to the last sale Internet Web site (http://www.sec.gov/ permissibility of a short sale based on reported pursuant to an effective rules/sro.shtml). Copies of the the Nasdaq-based bid tick rather than on transaction reporting plan for those submission, all subsequent the NBBO-based bid tick following securities. amendments, all written statements implementation of Nasdaq’s Single Book with respect to the proposed rule execution system. In addition, Nasdaq 2. Statutory Basis change that are filed with the has stated that it does not believe that Nasdaq believes that the proposed Commission, and all written firms will face compliance issues, from rule change, as amended, is consistent communications relating to the a systems perspective or otherwise, if with the provisions of section 6 of the proposed rule change between the Nasdaq’s Single Book execution system Act,8 in general, and with section 6(b)(5) Commission and any person, other than validates for short sale compliance of the Act,9 in particular, in that it is those that may be withheld from the based on the NBBO-based bid tick rather designed to prevent fraudulent and public in accordance with the than on the Nasdaq-based bid tick. manipulative acts and practices, to provisions of 5 U.S.C. 552, will be Thus, the Commission finds good cause promote just and equitable principles of available for inspection and copying in exists, consistent with sections 6(b)(5) trade, remove impediments to a free and the Commission’s Public Reference open market and a national market Section, 100 F Street, NE., Washington, 10 In approving this proposed rule change, the Commission notes that it has considered the DC 20549. Copies of such filing also will proposed rule’s impact on efficiency, competition, 8 15 U.S.C. 78f. be available for inspection and copying and capital formation. See 15 U.S.C. 78c(f). 9 15 U.S.C. 78f(b)(5). at the principal office of the NASD. All 11 15 U.S.C. 78f(b)(5).

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and 19(b)(2) of the Act,12 to approve the available through its NYSE The Exchange notes that the limit proposed rule change, as amended, on OpenBookTM service. The NYSE has order products of fully automated an accelerated basis, prior to the 30th designated this proposal as non- markets, such as NYSE Arca’s ArcaBook day after the date of publication of the controversial and has requested that the and Nasdaq’s TotalView, already notice of filing thereof in the Federal Commission waive the 30-day pre- provide users with the quotation Register. operative waiting period contained in information that those markets provide Rule 19b-4(f)(6)(iii) under the Act.5 The under the CQ Plan.6 V. Conclusion text of the proposed rule change is The Exchange believes that the It is therefore ordered, pursuant to available on the Exchange’s Web site addition of NYSE quotation information section 19(b)(2) of the Act that the (http://www.nyse.com), at the to NYSE OpenBookTM will make NYSE proposed rule change (SR–NASDAQ– Exchange’s Office of the Secretary, and OpenBookTM a more attractive product 2006–037) is approved on an at the Commission’s Public Reference to the trading desks of broker-dealers accelerated basis. Room. and institutional investors. For the Commission, by the Division of II. Self-Regulatory Organization’s At this time, the Exchange is not Market Regulation, pursuant to delegated authority.13 Statement of the Purpose of, and proposing to add or change any Statutory Basis for, the Proposed Rule OpenBookTM fee or to revise any J. Lynn Taylor, Change OpenBookTM contract because of the Assistant Secretary. addition of NYSE quotation [FR Doc. E6–17441 Filed 10–18–06; 8:45 am] In its filing with the Commission, NYSE included statements concerning information. BILLING CODE 8011–01–P the purpose of, and basis for, the 2. Statutory Basis proposed rule change and discussed any SECURITIES AND EXCHANGE comments it received on the proposed The Exchange believes that the COMMISSION rule change. The text of these statements proposed rule change is consistent with may be examined at the places specified the provisions of Section 6(b) of the [Release No. 34–54594; File No. SR–NYSE– in Item IV below. The Exchange has Act,7 in general, and with Section 2006–81] prepared summaries, set forth in 6(b)(5) of the Act,8 in particular, in that it is designed to prevent fraudulent and Self-Regulatory Organizations; New Sections A, B, and C below, of the most manipulative acts and practices, to York Stock Exchange LLC; Notice of significant aspects of such statements. promote just and equitable principles of Filing and Immediate Effectiveness of A. Self-Regulatory Organization’s trade, to foster cooperation and Proposed Rule Change Relating to the Statement of the Purpose of, and coordination with persons engaged in Addition of Real-Time Quotation Statutory Basis for, the Proposed Rule processing information with respect to, Information to the NYSE OpenBookTM Change and facilitating transactions in, Service 1. Purpose securities, to remove impediments to and perfect the mechanism of a free and October 12, 2006 Currently, NYSE OpenBookTM open market and a national market Pursuant to Section 19(b)(1) of the consists of a compilation of limit order system, and, in general, to protect Securities Exchange Act of 1934 data that the Exchange makes available 1 2 investors and the public interest. (‘‘Act’’), and Rule 19b–4 thereunder, to market data vendors, broker-dealers, notice is hereby given that on October private network providers and other B. Self-Regulatory Organization’s 5, 2006, the New York Stock Exchange entities. With this proposed rule change, Statement on Burden on Competition LLC (‘‘NYSE’’ or ‘‘Exchange’’), filed the Exchange proposes to add the with the Securities and Exchange Exchange’s quotation information to the The Exchange believes that the Commission (‘‘Commission’’) the NYSE OpenBookTM package. The proposed rule change will not impose proposed rule change as described in Exchange’s quotes include the best bid any burden on competition that is not Items I and II below, which Items have and offer available for a security on the necessary or appropriate in furtherance been prepared by the NYSE. The Exchange. That best bid and offer of the purposes of the Act. Exchange has filed the proposal reflects not only the limit orders C. Self-Regulatory Organization’s pursuant to Section 19(b)(3)(A) of the resident in OpenBookTM, but interest in Statement on Comments on the Act,3 and Rule 19b–4(f)(6) thereunder,4 the trading crowd and specialists’ Proposed Rule Change Received from which renders the proposal effective proprietary interest as well. Members, Participants or Others upon filing with the Commission. The The quotation information regarding Commission is publishing this notice to the best NYSE bid or offer is the same Written comments were neither solicit comments on the proposed rule quotation information that the Exchange solicited nor received. change from interested persons. provides to the Processor under the CQ III. Date of Effectiveness of the I. Self-Regulatory Organization’s Plan for consolidation with other Proposed Rule Change and Timing for Statement of the Terms of Substance of markets’ quotation information. That is, Commission Action the Proposed Rule Change the Exchange is proposing to add the information that it makes available The foregoing proposed rule change is The Exchange proposes to add real- under the CQ Plan to its NYSE subject to Section 19(b)(3)(A)(iii) of the time quotation information to the limit OpenBookTM order information that it makes service. The Exchange will make NYSE quotation information 6 The Commission made minor clarifying changes TM to this paragraph of the purpose section. Telephone 12 available through NYSE OpenBook in 15 U.S.C. 78f(b)(5); 15 U.S.C. 78s(b)(2). conversation between Ron Jordan, Senior Vice 13 real-time and no earlier than it provides 17 CFR 200.30–3(a)(12). President, NYSE, and Rahman Harrison, Special 1 15 U.S.C. 78s(b)(1). that quotation information to the Counsel, Division of Market Regulation, 2 17 CFR 240.19b–4. Processor under the CQ Plan. Commission on October 12, 2006. 3 15 U.S.C. 78s(b)(3)(A). 7 15 U.S.C. 78f(b). 4 17 CFR 240.19b–4(f)(6). 5 17 CFR 240.19b–4(f)(6)(iii). 8 15 U.S.C. 78f(b)(5).

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Act 9 and Rule 19b–4(f)(6) thereunder 10 Electronic Comments optional ‘‘peg’’ rate (13 CFR 120.214) on because the proposal: (i) Does not • Use the Commission’s Internet a quarterly basis. This rate is a weighted significantly affect the protection of comment form (http://www.sec.gov/ average cost of money to the investors or the public interest; (ii) does rules/sro.shtml); or government for maturities similar to the not impose any significant burden on • Send an e-mail to rule- average SBA direct loan. This rate may competition; and (iii) does not become [email protected]. Please include File be used as a base rate for guaranteed operative prior to 30 days after the date Number SR–NYSE–2006–81 on the fluctuating interest rate SBA loans. This 1 of filing or such shorter time as the subject line. rate will be 5.125 (5 ⁄8) percent for the Commission may designate if consistent October–December quarter of FY 2007. Paper Comments with the protection of investors and the Janet A. Tasker, • Send paper comments in triplicate public interest; provided that the Acting Associate Administrator for Financial Exchange has given the Commission to Nancy M. Morris, Secretary, Assistance. Securities and Exchange Commission, notice of its intent to file the proposed [FR Doc. E6–17445 Filed 10–18–06; 8:45 am] 100 F Street, NE, Washington, DC rule change, along with a brief BILLING CODE 8025–01–P description and text of the proposed 20549–1090. rule change, at least five business days All submissions should refer to File prior to the date of filing of the Number SR–NYSE–2006–81. This file SOCIAL SECURITY ADMINISTRATION proposed rule change, or such shorter number should be included on the time as designated by the Commission. subject line if e-mail is used. To help the Agency Information Collection Commission process and review your A proposed rule change filed under Activities: Emergency Request and 11 comments more efficiently, please use Comment Request Rule 19b–4(f)(6) normally does not only one method. The Commission will become operative prior to 30 days after post all comments on the Commission’s The Social Security Administration the date of the filing. However, pursuant Internet Web site (http://www.sec.gov/ (SSA) publishes a list of information to Rule 19b–4(f)(b)(iii), the Commission rules/sro.shtml). Copies of the collection packages that will require may designate a shorter time if such submission, all subsequent clearance by the Office of Management action is consistent with the protection amendments, all written statements and Budget (OMB) in compliance with of investors and the public interest. The with respect to the proposed rule Pub. L. 104–13, the Paperwork Exchange has asked the Commission to change that are filed with the Reduction Act of 1995, effective October waive the 30-day operative delay.12 The Commission, and all written 1, 1995. The information collection Commission believes that such waiver is communications relating to the packages that may be included in this consistent with the protection of proposed rule change between the notice are for approval of existing investors and the public interest Commission and any person, other than information collections and revisions to because it would provide market those that may be withheld from the OMB-approved information collections. participants that use OpenBookTM with public in accordance with the SSA is soliciting comments on the more information about the current state provisions of 5 U.S.C. 552, will be accuracy of the agency’s burden of the NYSE market. For this reason, the available for inspection and copying in estimate; the need for the information; Commission designates the proposed the Commission’s Public Reference its practical utility; ways to enhance its rule change to be effective upon filing Room. Copies of the filing also will be quality, utility, and clarity; and on ways with the Commission.13 available for inspection and copying at to minimize burden on respondents, the principal office of the NYSE. All including the use of automated At any time within 60 days of the collection techniques or other forms of filing of such proposed rule change, the comments received will be posted without change; the Commission does information technology. Written Commission may summarily abrogate not edit personal identifying comments and recommendations such rule change if it appears to the information from submissions. You regarding the information collection(s) Commission that such action is should submit only information that should be submitted to the OMB Desk necessary or appropriate in the public you wish to make available publicly. All Officer and the SSA Reports Clearance interest, for the protection of investors submissions should refer to File Officer. The information can be mailed or otherwise in furtherance of the Number SR–NYSE–2006–81 and should and/or faxed to the individuals at the purposes of the Act. be submitted on or before November 9, addresses and fax numbers listed below: IV. Solicitation of Comments 2006. (OMB), Office of Management and Budget, For the Commission, by the Division of Interested persons are invited to Market Regulation, pursuant to delegated Attn: Desk Officer for SSA, submit written data, views, and authority.14 Fax: 202–395–6974. arguments concerning the foregoing, J. Lynn Taylor, (SSA), including whether the proposed rule Assistant Secretary. Social Security Administration, change is consistent with the Act. [FR Doc. E6–17394 Filed 10–18–06; 8:45 am] DCFAM, Comments may be submitted by any of Attn: Reports Clearance Officer, BILLING CODE 8011–01–P the following methods: 1333 Annex Building, 6401 Security Blvd.,

9 Baltimore, MD 21235, 15 U.S.C. 78s(b)(3)(A)(iii). SMALL BUSINESS ADMINISTRATION 10 17 CFR 240.19b–4(f)(6). Fax: 410–965–6400. 11 17 CFR 240.19b–4(f)(6). Interest Rates The information collection listed 12 17 CFR 240.19b–4(f)(6)(iii). directly below has been submitted to 13 For purposes only of accelerating the operative The Small Business Administration OMB for Emergency Clearance. SSA is date of this proposal, the Commission has considered the proposed rule’s impact on publishes an interest rate called the requesting Emergency Clearance from efficiency, competition, and capital formation. 15 OMB two weeks from the date of U.S.C. 78c(f). 14 17 CFR 200.30–3(a)(12). publication of this Notice. Your

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comments on the information collection where they can appeal their denial; the provisions of the Social Security are requested by that date. You can new additional respondents are amendments. These provisions require obtain a copy of the OMB clearance Medicare Part B recipients whom SSA that States which supplement the package by calling the SSA Reports has determined will have to pay the Federal Supplemental Security Income Clearance Officer at 410–965–0454, or new Medicare Part B IRMAA and who (SSI) payments also pass along Federal by writing to the address listed above. wish to appeal this decision at a hearing cost-of-living increases to individuals 1. Request for Hearing by before an HHS ALJ. who are eligible for State supplemental Type of Request: Emergency revision Administrative Law Judge—20 CFR payments. If a State fails to keep of an OMB-approved information 404.929, 404.933, 416.1429, 404.1433, payments at the required level, it collection. becomes ineligible for Medicaid 405.722, 418.1350—0960–0269. SSA Number of Respondents: 669,469. uses form HA–501 to document when reimbursement under Title XIX of the Frequency of Response: 1. Social Security Act. In order to make applicants for Social Security benefits Average Burden per Response: 10 have their claims denied and want to sure the States are maintaining the minutes. payment levels, they submit their request an administrative hearing to Estimated Annual Burden: 111,578 payment amounts to SSA. Seven of the appeal SSA’s decision. The scope of this hours. form is now being expanded to include The information collection listed participating States may use a total- people who wish to appeal the decision below has been submitted to OMB for expenditures method, in which they that has been made regarding their clearance. Your comments on the send their total expenditures to SSA obligation to pay a new Income-Related information collection would be most four times per year to prove that they Monthly Adjustment Amount (IRMAA) useful if received by OMB and SSA are maintaining the regulated cost-of- for Medicare Part B, as per the within 30 days from the date of this living increase. The remaining twenty requirements of the Medicare publication. You can obtain a copy of three States send SSA one annual report Modernization Act of 2003. Although the OMB clearance package by calling which shows that they have maintained this information will be collected by the SSA Reports Clearance Officer at the cost-of-living increase as per the SSA, the actual hearings will take place 410–965–0454, or by writing to the regulations. Respondents are State before administrative law judges (ALJ) address listed above. agencies administering supplemental who are employed by the Department of 2. State Supplementation Provisions: programs. Health and Human Services (HHS). The Agreement; Payments—20 CFR Type of Request: Extension of an current respondents include applicants 416.2095–416.2098, 416.2099—0960– OMB-approved information collection. for various Social Security benefits 0240. Section 1618 of the Social Number of Respondents: 30. programs who want to request a hearing Security Act contains pass-along Estimated Annual Burden: 51 hours.

Average bur- Estimated Reporting method Number of Frequency of den per annual burden respondents response response (hours)

Total Expenditures ...... 7 4 60 28 Maintenance of Payment Levels ...... 23 1 60 23

Total ...... 30 ...... 51

Dated: October 12, 2006. petitions seeking relief from specified You may also submit comments Elizabeth A. Davidson, requirements of 14 CFR. The purpose of through the Internet to http:// Reports Clearance Officer, Social Security this notice is to improve the public’s dms.dot.gov. You may review the public Administration. awareness of, and participation in, this docket containing the petition, any [FR Doc. 06–8770 Filed 10–18–06; 8:45 am] aspect of the FAA’s regulatory activities. comments received, and any final BILLING CODE 4191–02–P Neither publication of this notice nor disposition in person in the Dockets the inclusion or omission of information Office between 9 a.m. and 5 p.m., in the summary is intended to affect the Monday through Friday, except Federal DEPARTMENT OF TRANSPORTATION legal status of any petition or its final holidays. The Dockets Office (telephone disposition. 1–800–647–5527) is on the plaza level Federal Aviation Administration DATES: Comments on petitions received of the NASSIF Building at the [Summary Notice No. PE–2006–36] must identify the petition docket Department of Transportation at the number involved and must be received above address. Also, you may review Petitions for Exemption; Summary of on or before November 8, 2006. public dockets on the Internet at http:// Petitions Received ADDRESSES: Send comments on the dms.dot.gov. AGENCY: Federal Aviation petition to the Docket Management FOR FURTHER INFORMATION CONTACT: Administration (FAA), DOT. System, U.S. Department of Annette Kovite, 425–227–1262, Transportation, Room Plaza 401, 400 ACTION: Notice of petition for exemption Transport Airplane Directorate (ANM– Seventh Street, SW., Washington, DC received. 113), Federal Aviation Administration, 20590–0001. You must identify the 1601 Lind Ave., SW., Renton, WA SUMMARY: Pursuant to FAA’s rulemaking docket number FAA–2006-25985 or provisions governing the application, FAA–2006–25813 at the beginning of 98057–3356; or Frances Shaver (202– processing, and disposition of petitions your comments. If you wish to receive 267–9681), Office of Rulemaking (ARM– for exemption, part 11 of Title 14, Code confirmation that the FAA received 1), Federal Aviation Administration, of Federal Regulations (14 CFR), this your comments, include a self- 800 Independence Avenue, SW., notice contains a summary of certain addressed, stamped postcard. Washington, DC 20591. This notice is

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published pursuant to 14 CFR 11.85 and certificate to be completed by a licensed physical condition must be collected in 11.91. medical examiner; (2) The submission order for the FMCSA and motor carriers Issued in Washington, DC on October 11, of an application to FMCSA for the to verify that the individual meets the 2006. Agency to resolve conflicts of medical physical qualification standards for Brenda D. Courtney, evaluations between medical examiners; CMV drivers set forth in 49 CFR 391.41; (3) A driver qualification (DQ) file for: and for the FMCSA to determine Acting Director, Office of Rulemaking. (a) Motor carriers to include the medical whether the individual is physically Petitions for Exemption certificate; (b) motor carriers of migrant able to operate a CMV safely. This Docket No.: FAA–2006–25985. workers to include a doctor’s certificate information collection is comprised of Petitioner: Flight Structures, Inc. for every driver employed or used by the components listed in the summary Section of 14 CFR Affected: Sections them; and (c) motor carriers to include above. Respondents: Medical Examiners, 25.785(d), 25.813(b), and 25.857(e). a Skill Performance Evaluation (SPE) Medical Specialists, Physicians, Description of Relief Sought: certificate issued to a driver with a limb Licensed Doctors of Medicine, Doctors Exemption from 14 CFR 25.785(d), disability; and (4) Information collected of Osteopathy, Physician Assistants, 25.813(b), and 25.857(e) for the Airbus from carriers, drivers and interested Advanced Practice Nurses, Doctors of A300B4–600/–600R model airplanes to parties used in Agency determinations Chiropractic, motor carriers, and CMV allow carriage of up to 5 non- for granting exemptions from the vision and diabetes requirements in the drivers. crewmembers (commonly referred to as Estimated Average Burden Per supernumeraries) in addition to the Federal Motor Carrier Safety Regulations (FMCSRs). This notice is Record: The following records are maximum 4 flight deck occupants for a included in the IC pertaining to the total occupancy limit of 9. required by the Paperwork Reduction Act of 1995. Medical Qualifications Requirements: Docket No.: FAA–2006–25813. (1) The Medical Examination Form and DATES: Comments must be submitted on Petitioner: Dallas/Fort Worth Certificate—Twenty minutes for a or before December 18, 2006. International Airport. medical examiner to complete the ADDRESSES: Section of 14 CFR Affected: Section All comments should medical examination form; One minute 139.311. reference Docket No. FMCSA–2006– for the medical examiner to complete Description of Relief Sought: 25504. You may mail or hand deliver the medical examiner’s certificate; One Exemption from 14 CFR 139.311 to comments to the U.S. Department of minute for carriers to copy and file the allow Dallas/Fort Worth International Transportation, Dockets Management medical examiner’s certificate in the DQ Airport to terminate the use of the Facility, Room PL–401, 400 Seventh file; (2) Data Resolving Medical airport’s existing rotating beacon. Due to Street, SW., Washington, DC 20590; Conflicts—One hour for the Agency to development efforts the airport’s beacon telefax comments to (202) 493–2251; or review and resolve an application for cannot remain in its current location. submit electronically at http:// resolution of medical conflict; (3) The The petitioner notes that advanced dms.dot.gov. You may examine and SPE Certificate—Fifteen minutes for the methods of disseminating airport copy all comments received at the above Agency to review and complete an information to flight crews eliminates address between 9 a.m. and 5 p.m., E.T., application for an initial SPE certificate; the need to operate and maintain a Monday through Friday, except Federal Two minutes for the Agency to review rotating beacon without reducing the holidays. If you desire your comment to and complete an application for a level of safety due to not having a be acknowledged, you must include a renewal of a SPE certificate; One minute beacon. self-addressed stamped envelope or for carriers to copy and file the SPE [FR Doc. 06–8756 Filed 10–18–06; 8:45 am] postcard or, if you submit your certificate application in the DQ file; (4) comments electronically, you may print BILLING CODE 4910–13–P Vision Exemptions—Sixty minutes for the acknowledgment. the Agency to review and complete an FOR FURTHER INFORMATION CONTACT: Dr. application for a vision exemption with DEPARTMENT OF TRANSPORTATION Mary D. Gunnels, Chief, Physical required supporting documents, and for Qualifications Division, (202) 366–4001, carriers to copy and file the documents Federal Motor Carrier Safety [email protected], FMCSA, in the DQ file; (5) Diabetes Administration Department of Transportation, 400 Exemptions—Ninety minutes for the Seventh Street, SW., Washington, DC Agency to review and complete a [Docket No. FMCSA–2006–25504] 20590–0001. Office hours are from 8 diabetes exemption with required Agency Information Collection a.m. to 5 p.m., ET, Monday through documentation, and for carriers to copy Activities; Request for Comments; Friday, except Federal holidays. and file the documents in the DQ file; Renewal of an Information Collection: SUPPLEMENTARY INFORMATION: and (6) The Doctor’s Certificate for Medical Qualification Requirements Title: Medical Qualification Motor Carriers of Migrant Workers—One Requirements. minute for a doctor of medicine or AGENCY: Federal Motor Carrier Safety OMB Control Number: 2126–0006. osteopathy to complete a doctor’s Administration (FMCSA), DOT. Background: Title 49 U.S.C. 31136 certificate for drivers of motor carriers of ACTION: Notice and request for requires the Secretary of Transportation migrant workers; and for carriers to comments. (Secretary) to prescribe regulations to place the certificate in the DQ file for ensure that the physical qualifications every driver employed or used by them. SUMMARY: The FMCSA invites of commercial motor vehicle (CMV) Frequency of Response: Biennially, comments on its plan to request operators are adequate to enable them to and on occasion, more frequently for approval from the Office of Management operate CMVs safely. In addition, 49 drivers who are not eligible to receive a and Budget (OMB) to renew an U.S.C. 31502 authorizes the Secretary to 2-year certificate. A medical certificate information collection concerning the prescribe requirements for qualifications usually is valid for 2 years, so FMCSA requirements set forth in 49 CFR parts of employees of a motor carrier when estimates that half of the drivers subject 391 and 398 for the following activities: needed to promote safety of operation. to its medical standards will take an (1) A medical examination form and Information about an individual’s examination each year. The remaining

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medical requirements are submitted on collection. The new information carriers that operate small passenger- occasion by the respondents. collection is associated with an agency transporting CMVs, being subject to the Total Estimated Annual Burden: study by a research contractor which FMCSRs. In order to effectively inform 1,186,898 hours [1,184,046 hours for will investigate motor carriers that these motor carriers of the regulatory medical examination form and operate small passenger-transporting requirements that they will become certificate (3,229,215 certificates × 22 commercial motor vehicles (CMVs). The subject to, and administer an effective minutes/60 minutes per hour + 11 hours collected information would assist educational outreach program to this for resolution of medical conflicts (3 FMCSA with outreach initiatives to entire industry segment, FMCSA needs cases × 1 hour each to prepare, plus 8 these newly regulated motor carriers of information about all of these motor hours for one hearing) + 92 hours for passengers. This notice is required by carriers. SPE certificates (2,100 certificates × 1 the Paperwork Reduction Act of 1995. Because motor carriers that operate minute/60 minutes for motor carriers + DATES: Comments must be submitted on small passenger-carrying CMVs have 1,700 renewals × 2 minutes/60 minutes) or before December 18, 2006. either been newly regulated or will be + 946 hours for vision exemptions (168 ADDRESSES: All comments should regulated in the near future, FMCSA new vision exemptions + 750 vision reference Docket No. FMCSA–2006– wants to learn about the safety and/or exemptions × 1 hour each + 28 hours for 25652. You may mail or hand deliver regulatory compliance challenges of this motor carriers to retain a copy in the comments to the U.S. Department of industry segment. There is no motor driver’s DQ file) + 1,800 for diabetes Transportation, Dockets Management carrier industry association that is exemptions (1,200 exemptions × 90 Facility, Room PL–401, 400 Seventh comprised mostly of commercial minutes/60 minutes) + 3 (or 3.3 Street, SW., Washington, DC 20590; companies that primarily operate 9–15 rounded) hours for doctors certificate telefax comments to 202/493–2251; or passenger-carrying vehicles. This for drivers of migrant workers (100 submit electronically at http:// situation makes obtaining information certificates × 2 minutes/60 minutes) = dms.dot.gov. You may examine and about this industry segment more 1,186,898 hours]. copy all comments received at the above difficult and necessitates the assistance Public Comments Invited: You are address between 9 a.m. and 5 p.m., of a researcher to obtain information asked to comment on any aspect of this Monday through Friday, except Federal needed by FMCSA to effectively provide information collection, including: (1) holidays. If you desire your comment to outreach to these newly regulated Whether the proposed collection is be acknowledged, you must include a carriers. FMCSA will request a research necessary for the FMCSA’s performance; self-addressed stamped envelope or contractor to obtain information about (2) the accuracy of the estimated postcard or, if you submit your motor carriers with small passenger- burden; (3) ways for the FMCSA to comments electronically, you may print transporting CMV operations. The enhance the quality, usefulness, and the acknowledgment. research contractor will collect clarity of the collected information; and FOR FURTHER INFORMATION CONTACT: Mr. information through approximately 50 (4) ways that the burden could be Peter Chandler, Federal Motor Carrier telephone interviews and 8 site visits at minimized without reducing the quality Safety Administration, Office of places of business. Information obtained of the collected information. The agency Enforcement and Compliance, from the study will provide insight into will summarize or include your Commercial Passenger Carrier Safety the common safety and regulatory comments in the request for OMB’s Division, Washington, DC 20590, phone compliance challenges facing motor clearance of this information collection. (202) 366–5763, fax (202) 366–3621, e- carriers with small passenger- Issued on: October 11, 2006. mail [email protected], Office transporting CMV operations. Such John H. Hill, hours are from 8 a.m. to 4 p.m., ET, information will be utilized by FMCSA Administrator. Monday through Friday, except Federal to develop educational outreach holidays. initiatives for this newly regulated [FR Doc. E6–17450 Filed 10–18–06; 8:45 am] SUPPLEMENTARY INFORMATION: On August industry segment. BILLING CODE 4910–EX–P 12, 2003, FMCSA published a final rule Title: Survey of Motor Carriers with (68 FR 47860) which required motor Small Passenger Vehicle Operations. DEPARTMENT OF TRANSPORTATION carriers operating CMVs, designed or Type of Information Collection used to transport between 9 and 15 Request: New one-time survey/ Federal Motor Carrier Safety passengers (including the driver), in information collection. Administration interstate commerce to comply with the Respondents: For-hire motor carriers parts 391 through 396 of the Federal [Docket No. FMCSA–2006–25652] that operate 9–15 passenger-carrying Motor Carrier Safety Regulations vehicles in interstate commerce. (FMCSRs) when they are directly Agency Information Collection Number of Respondents: 50 motor compensated for such services, and the Activities; Request for Comments; carriers. vehicle is operated beyond a 75 air-mile Notice of Intent To Survey Motor Estimated Average Burden per Carriers Operating Small Passenger- radius from the driver’s normal work- reporting location. Affected motor Response: The estimated average burden Transporting Commercial Motor per response for each telephone survey Vehicles carriers were required to be in compliance with such regulations by is 30 minutes. AGENCY: Federal Motor Carrier Safety December 10, 2003. This rule Estimated Total Annual Burden: The Administration (FMCSA), DOT. implemented section 212 of the Motor estimated total annual burden is 25 hours for the information collection ACTION: Notice and request for Carrier Safety Improvement Act of 1999. comments. Section 4136 of the Safe, Accountable, based upon an acceptable level of Flexible, Efficient Transportation Equity statistical significance and a confidence SUMMARY: The FMCSA invites Act: A Legacy For Users (SAFETEA–LU) interval of 13.6 percent. comments about our intention to request directed FMCSA to remove the 75 air- Total Annual Burden: 25 hours [(50 the Office of Management and Budget mile radius standard. This legislation responses × 30 minutes per response)/60 (OMB) to approve a new information will result in a greater number of motor minutes = 25 hours].

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Frequency: This information used to assess the satisfaction of technologies with our business collection will be a single, nonrecurring Federal, State and industry customers processes will, in turn, improve our event. with the FMCSA COMPASS Portal. operations considerably, particularly in FMCSA is required by the Paperwork terms of data quality, ease of use, and Public Comments Invited Reduction Act of 1995 to publish this reduction of maintenance costs. Interested parties are invited to send notice in the Federal Register. In early 2007, FMCSA will launch the comments regarding any aspect of this DATES: Comments must be submitted on first of a series of releases of new IT information collection, including but or before December 18, 2006. applications to its Federal, State, and not limited to: (1) The necessity and ADDRESSES: All comments should industry customers. Over the coming utility of the information collection for reference Docket No. FMCSA–2006– years, more than 15 releases are the proper performance of the functions 25853. You may mail or hand deliver planned, with four planned for the next of FMCSA and specifically the comments to the U.S. Department of 3 years. These releases will use ‘‘portal regulatory oversight of small passenger- Transportation, Dockets Management technology’’ to pull together numerous transporting commercial motor vehicle services and functions on a single operations; (2) the accuracy of the Facility, Room PL–401, 400 Seventh Street, SW., Washington, DC 20590; screen and provide tailored services that estimated burden; (3) ways to enhance seek to meet the needs of specific the quality, utility, and clarity of the telefax comments to (202) 493–2251; or submit electronically at http:// constituencies within our customer collected information; and (4) ways to universe. The FMCSA COMPASS Portal minimize the collection burden without dms.dot.gov/submit. You may examine and copy all comments received at the will entail considerable expenditure of reducing the quality of the collected Federal Government dollars over the information. Comments submitted in above address between 9 a.m. and 5 p.m., Monday through Friday, except years and fundamentally impact the response to this notice will be nature of the relationship between the summarized and/or included in the Federal holidays. If you desire your comment to be acknowledged, you must Agency and its Federal, State, and request for OMB’s clearance of this industry customers. Consequently, the information collection. For access to the include a self-addressed stamped envelope or postcard or, if you submit Agency intends to conduct regular and docket to read background documents ongoing assessments of customer or comments received, go to http:// your comments electronically, you may print the acknowledgment. satisfaction with COMPASS. dms.dot.gov at any time or to Room PL– The primary purposes of this FOR FURTHER INFORMATION CONTACT: Mr. 401 on the plaza level of the Nassif assessment is to determine the extent to Bill Coleman, Federal Motor Carrier Building, 400 Seventh Street, SW., which newly released FMCSA Safety Administration, 400 Seventh Washington, DC, between 9 a.m. and 5 COMPASS Portal services meet the Street, SW., Washington, DC 20590; p.m., Monday through Friday, except needs of Agency customers, identify and phone: (202) 366–4440; fax: (202) 493– Federal holidays. prioritize additional modifications, and 0679; e-mail: [email protected]. Issued on: October 12, 2006 determine the extent that the Portal has Office hours are from 9 a.m. to 5 p.m., John H. Hill, affected FMCSA’s relationships with its Monday through Friday, except Federal main customer groups. The assessment Administrator. holidays. [FR Doc. E6–17451 Filed 10–18–06; 8:45 am] will address: SUPPLEMENTARY INFORMATION: • BILLING CODE 4910–EX–P Overall customer satisfaction; Title: FMCSA Portal Customer • Customer satisfaction with specific Satisfaction Assessment. items; OMB Control No: 2126–xxxx. DEPARTMENT OF TRANSPORTATION • Performance of contractor (for the Background system) against established objectives; Federal Motor Carrier Safety • Desired adjustments and Administration Title II, section 207 of the E- modifications to systems; Government Act of 2002 requires • Value of investment to FMCSA and [Docket No. FMCSA–2006–25853] Government agencies to improve the DOT; methods by which government • Agency Information Collection Features that customers like best; information, including information on and Activities; Clearance of a New the Internet, is organized, preserved, • Information Collection: FMCSA Customer ideas for improving the and made accessible to the public. site. COMPASS Portal Customer FMCSA has made a strategic decision to Satisfaction Assessment Respondents: Federal, State, and integrate its IT with its business motor carrier industry customers/users. AGENCY: Federal Motor Carrier Safety processes as it consolidates its systems Frequency: Three times per year (or Administration (FMCSA), DOT. and databases and launches a every 120 days). ACTION: Notice; request for comments. modernization initiative called Estimated Average Burden per COMPASS. COMPASS is FMCSA’s Response: 5 minutes per response. SUMMARY: The FMCSA invites public agency wide initiative to improve its Estimated Total Annual Burden comment on its plan to request the business processes; integrate them with Hours: 25,105 hours [(5 minutes to Office of Management and Budget’s the Agency’s information systems; and complete survey × 3 times per year/60 (OMB) approval for a new information make them more seamless, secure, and minutes × 140,000 annual industry collection (IC). The collection involves supportive of the Agency’s mission of respondents × .70 (70%) response rate = the assessment of FMCSA’s strategic saving lives in the years to come. 24,500) × (5 minutes to complete survey decision to integrate its Information FMCSA’s 21 information systems are × 3 times per year/60 minutes × 2,691 Technology (IT) with its business currently operational. However, having State government users × .90 (90%) processes using portal technology to this many stand-alone systems has led response rate) = 25,105] consolidate its systems and databases to data quality concerns, a need for and launch a modernization initiative to excessive IDs and passwords, and Public Comments Invited create the FMCSA COMPASS Portal. significant operational and maintenance You are asked to comment on any The information to be collected will be costs. Integrating our information aspect of this information collection,

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including: (1) Whether the proposed admission into the United States unless each motor vehicle listed in Annex A to collection is necessary for FMCSA’s NHTSA has decided that the motor this notice, which was not originally performance including its utility in vehicle is substantially similar to a manufactured to comply with all fostering assessment of the portal; (2) motor vehicle originally manufactured applicable FMVSS, is either (1) the accuracy of the estimated burden; for importation into and sale in the Substantially similar to a motor vehicle (3) ways for the FMCSA to enhance the United States, certified under 49 U.S.C. manufactured for importation into and/ quality, usefulness, and clarity of the 30115, and of the same model year as or sale in the United States, and collected information; and (4) ways that the model of the motor vehicle to be certified under 49 U.S.C. 30115, as the burden could be minimized without compared, and is capable of being specified in Annex A, and is capable of reducing the quality of the collected readily altered to conform to all being readily altered to conform to all information. The Agency will applicable FMVSS. applicable FMVSS or (2) has safety summarize and/or include your Where there is no substantially features that comply with, or are comments in the request for OMB’s similar U.S.-certified motor vehicle, 49 capable of being altered to comply with, clearance of this information collection. U.S.C. 30141(a)(1)(B) permits a all applicable Federal motor vehicle nonconforming motor vehicle to be Issued on: October 13, 2006. safety standards. admitted into the United States if its Authority: 49 U.S.C. 30141(a)(1)(A), John H. Hill, safety features comply with, or are Administrator. (a)(1)(B) and (b)(1); 49 CFR 593.8; delegations capable of being altered to comply with, of authority at 49 CFR 1.50 and 501.8. [FR Doc. E6–17455 Filed 10–18–06; 8:45 am] all applicable FMVSS based on Issued on: October 13, 2006. BILLING CODE 4910–EX–P destructive test data or such other evidence as NHTSA decides to be Claude H. Harris, adequate. Director, Office of Vehicle Safety Compliance. DEPARTMENT OF TRANSPORTATION Petitions for eligibility decisions may Annex A—Nonconforming Motor be submitted by either manufacturers or National Highway Traffic Safety Vehicles Decided to Be Eligible for importers who have registered with Importation Administration NHTSA pursuant to 49 CFR Part 592. As [Docket No. NHTSA–2006–26072] specified in 49 CFR 593.7, NHTSA 1. Docket No. NHTSA–2006–25398 publishes notice in the Federal Register Nonconforming Vehicles: 1999–2006 Decision That Certain Nonconforming of each petition that it receives, and Suzuki GXS1300R Motorcycles. Motor Vehicles Are Eligible for affords interested persons an Substantially Similar U.S.-Certified Importation Vehicles: 1999–2006 Suzuki GXS1300R opportunity to comment on the petition. Motorcycles. AGENCY: National Highway Traffic At the close of the comment period, Notice of Petition Published at: 71 FR Safety Administration, (NHTSA), NHTSA decides, on the basis of the 41067 (July 19, 2006). Department of Transportation. petition and any comments that it has Vehicle Eligibility Number: VSP–484 received, whether the vehicle is eligible (effective date August 29, 2006). ACTION: Notice of decision by NHTSA for importation. The agency then that certain nonconforming motor 2. Docket No. NHTSA–2006–25516 publishes this decision in the Federal vehicles are eligible for importation. Register. Nonconforming Vehicles: 1998 Bentley Azure (Left-Hand and Right-Hand Drive) SUMMARY: This document announces NHTSA received petitions from Passenger Cars. decisions by NHTSA that certain motor registered importers to decide whether Substantially Similar U.S.-Certified vehicles not originally manufactured to the vehicles listed in Annex A to this Vehicles: 1998 Bentley Azure (Left-hand comply with all applicable Federal notice are eligible for importation into drive) Passenger Cars (Note: Manufacturer motor vehicle safety standards(FMVSS) the United States. To afford an confirmed in writing that non-U.S. certified are eligible for importation into the opportunity for public comment, RHD vehicles are substantially similar to U.S. United States because they are NHTSA published notice of these certified LHD model). petitions as specified in Annex A. The Notice of Petition Published at: 71 FR substantially similar to vehicles 45104 (August 8, 2006). originally manufactured for importation reader is referred to those notices for a Vehicle Eligibility Number: VSP–485 into and/or sale in the United States and thorough description of the petitions. (effective date September 14, 2006). certified by their manufacturers as No substantive comments were received 3. Docket No. NHTSA–2006–25515 complying with the safety standards, in response to these notices. Based on and they are capable of being readily its review of the information submitted Nonconforming Vehicles: 2004 Mercedes altered to conform to the standards or by the petitioners, NHTSA has decided Benz Maybach Passenger Cars. to grant the petitions. Substantially Similar U.S.-Certified because they have safety features that Vehicles: 2004 Mercedes Benz Maybach comply with, or are capable of being Vehicle Eligibility Number for Subject Passenger Cars. altered to comply with, all applicable Vehicles Notice of Petition Published at: 71 FR FMVSS. 45103 (August 8, 2006). The importer of a vehicle admissible Vehicle Eligibility Number: VSP–486 DATES: These decisions became effective under any final decision must indicate (effective date September 14, 2006). on the dates specified in Annex A. on the form HS–7 accompanying entry FOR FURTHER INFORMATION CONTACT: the appropriate vehicle eligibility 4. Docket No. NHTSA–2006–24965 Coleman Sachs, Office of Vehicle Safety number indicating that the vehicle is Nonconforming Vehicles: 2006 Mercedes Compliance, NHTSA (202–366–3151). eligible for entry. Vehicle eligibility Benz Type 463 Short Wheel Base Gelaendewagen Multipurpose Passenger SUPPLEMENTARY INFORMATION: numbers assigned to vehicles admissible Vehicles Manufactured Before September 1, under this decision are specified in Background 2006. Annex A. Because there are no substantially similar Under 49 U.S.C. 30141(a)(1)(A), a Final Decision U.S.-certified versions of the 2006 Mercedes motor vehicle that was not originally Benz Type 463 Short Wheel Base manufactured to conform to all Accordingly, on the basis of the Gelaendewagen Multipurpose Passenger applicable FMVSS shall be refused foregoing, NHTSA hereby decides that Vehicles Manufactured Before September 1,

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2006, the petitioner sought import eligibility SUPPLEMENTARY INFORMATION: respect to compliance with Standard under 49 U.S.C. 30141(a)(1)(B). Nos. 102 Transmission Shift Lever Background Notice of Petition Published at: 71 FR Sequence, Starter Interlock, and 34994 (June 16, 2006). Under 49 U.S.C. 30141(a)(1)(A), a Transmission Braking Effect, 103 Vehicle Eligibility Number: VCP–35 motor vehicle that was not originally (effective date July 24, 2006). Windshield Defrosting and Defogging manufactured to conform to all Systems, 104 Windshield Wiping and [FR Doc. E6–17454 Filed 10–18–06; 8:45 am] applicable FMVSS shall be refused Washing Systems, 109 New Pneumatic BILLING CODE 4910–59–P admission into the United States unless Tires, 113 Hood Latch Systems, 116 NHTSA has decided that the motor Brake Fluid, 124 Accelerator Control vehicle is substantially similar to a Systems, 135 Passenger Car Brake DEPARTMENT OF TRANSPORTATION motor vehicle originally manufactured Systems, 201 Occupant Protection in for importation into and sale in the Interior Impact, 202 Head Restraints, National Highway Traffic Safety United States, certified under 49 U.S.C. Administration 204 Steering Control Rearward 30115, and of the same model year as Displacement, 205 Glazing Materials, [Docket No. NHTSA–2006–26010] the model of the motor vehicle to be 206 Door Locks and Door Retention compared, and is capable of being Components, 207 Seating Systems, 209 Notice of Receipt of Petition for readily altered to conform to all Seat Belt Assemblies, 210 Seat Belt Decision That Nonconforming 2003 applicable FMVSS. Assembly Anchorages, 212 Windshield and 2004 BMW 3 Series Passenger Petitions for eligibility decisions may Retention, 216 Roof Crush Resistance, Cars Are Eligible for Importation be submitted by either manufacturers or 219 Windshield Zone Intrusion, 225 importers who have registered with AGENCY: National Highway Traffic Child Restraint Anchorage Systems, 302 NHTSA pursuant to 49 CFR Part 592. As Safety Administration, DOT. Flammability of Interior Materials, and specified in 49 CFR 593.7, NHTSA 401 Interior Trunk Release. ACTION: Notice of receipt of petition for publishes notice in the Federal Register decision that nonconforming 2003 and With regard to compliance with the of each petition that it receives, and Bumper Standard found in 49 CFR Part 2004 BMW 3 Series passenger cars are affords interested persons an eligible for importation. 581, the petitioner claims that the opportunity to comment on the petition. vehicles are equipped with bumpers SUMMARY: This document announces At the close of the comment period, and support structures identical to those receipt by the National Highway Traffic NHTSA decides, on the basis of the used on U.S. certified models. Safety Administration (NHTSA) of a petition and any comments that it has The petitioner also contends that the petition for a decision that 2003 and received, whether the vehicle is eligible vehicles are capable of being readily 2004 BMW 3 Series passenger cars that for importation. The agency then altered to meet the following standards, were not originally manufactured to publishes this decision in the Federal in the manner indicated: comply with all applicable Federal Register. Standard No. 101 Controls and motor vehicle safety standards (FMVSS) Sunshine Car Import (‘‘SCI’’) of Ft. Displays: (a) Inscription of the word are eligible for importation into the Myers, Florida, (Registered Importer 01– ‘‘brake’’ on the dash in place of the United States because (1) They are 289) has petitioned NHTSA to decide international ECE warning symbol; (b) substantially similar to vehicles that whether nonconforming 2003 and 2004 replacement of the speedometer with a were originally manufactured for BMW 3 Series passenger cars are unit reading in miles per hour; and (c) importation into and sale in the United eligible for importation into the United installation of U.S.-model software in States and that were certified by their States. The vehicles which SCI believes the vehicle’s computer system. manufacturer as complying with the are substantially similar are 2003 and Standard No. 108 Lamps, Reflective safety standards, and (2) they are 2004 BMW 3 Series passenger cars that Devices and Associated Equipment: capable of being readily altered to were manufactured for importation into, installation of U.S.-model headlamps, conform to the standards. and sale in, the United States and front sidemarker lamps, and a high certified by their manufacturer, DATES: The closing date for comments mounted stop lamp if not already so Bayerische Motoren Werke, A.G. on the petition is November 20, 2006. equipped. (BMW), as conforming to all applicable Standard No. 110 Tire Selection and ADDRESSES: Comments should refer to FMVSS. Rims: installation of a tire information the docket number and notice number, The petitioner claims that it carefully placard. and be submitted to: Docket compared non-U.S.-certified 2003 and Standard No. 111 Rearview Mirror: Management, Room PL–401, 400 2004 BMW 3 Series passenger cars to replacement of the passenger side Seventh St., SW., Washington, DC their U.S.-certified counterparts, and rearview mirror with a U.S.-model 20590. [Docket hours are from 9 a.m. to found the vehicles to be substantially component, or inscription of the 5 p.m.]. Anyone is able to search the similar with respect to compliance with required warning statement on that electronic form of all comments most FMVSS. mirror. received into any of our dockets by the SCI submitted information with its Standard No. 114 Theft Protection: name of the individual submitting the petition intended to demonstrate that reprogramming of the vehicle to actuate comment (or signing the comment, if non-U.S.-certified 2003 and 2004 BMW the appropriate safety systems during submitted on behalf of an association, 3 Series passenger cars, as originally conversion of the dash. business, labor union, etc.). You may manufactured, conform to many FMVSS Standard No. 118 Power Window review DOT’s complete Privacy Act in the same manner as their U.S.- Systems: alteration of the power Statement in the Federal Register certified counterparts, or are capable of window system to operate the required published on April 11, 2000 (Volume being readily altered to conform to those defeat device during reprogramming of 65, Number 70; Pages 19477–78) or you standards. the lights and dash. The petitioner states may visit http://dms.dot.gov. Specifically, the petitioner claims that that most vehicles have the required FOR FURTHER INFORMATION CONTACT: non-U.S.-certified 2003 and 2004 BMW defeat devices as standard equipment. Coleman Sachs, Office of Vehicle Safety 3 Series passenger cars are identical to Standard No. 208 Occupant Crash Compliance, NHTSA (202–366–3151). their U.S.-certified counterparts with Protection: Petitioner states that the

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vehicles are equipped with a seat belt Authority: 49 U.S.C. 30141(a)(1)(A) and Clearance Officer: Glenn P. Kirkland, warning lamp that is identical to the (b)(1); 49 CFR 593.8; delegations of authority Internal Revenue Service, Room 6516, component installed on U.S.-certified at 49 CFR 1.50 and 501.8. 1111 Constitution Avenue, NW., models, but that the audible warning Issued on: October 13, 2006. Washington, DC 20224, (202) 622–3428. buzzer must be reprogrammed to meet Claude H. Harris, OMB Reviewer: Alexander T. Hunt, the standard. Petitioner also states that Director, Office of Vehicle Safety Compliance. Office of Management and Budget, all vehicles must be inspected and the [FR Doc. E6–17456 Filed 10–18–06; 8:45 am] Room 10235, New Executive Office driver’s and passenger’s air bags, knee BILLING CODE 4910–59–P Building, Washington, DC 20503, (202) bolsters, control units, sensors, and seat 395–7316. belts must be replaced with U.S.-model Robert Dahl, components on vehicles not already so DEPARTMENT OF THE TREASURY equipped. Treasury PRA Clearance Officer. Petitioner states that the front and rear Submission for OMB Review; [FR Doc. E6–17457 Filed 10–18–06; 8:45 am] outboard designated seating positions Comment Request BILLING CODE 4830–01–P have combination lap and shoulder belts that are self-tensioning and that October 13, 2006. release by means of a single red The Department of Treasury has DEPARTMENT OF THE TREASURY pushbutton. submitted the following public Standard No. 214 Side Impact information collection requirement(s) to Internal Revenue Service Protection: inspection of all vehicles OMB for review and clearance under the [REG–209373–81] and installation of U.S.-model door bar Paperwork Reduction Act of 1995, components on vehicles not already so Public Law 104–13. Copies of the Proposed Collection; Comment equipped. submission(s) may be obtained by Request for Regulation Project Standard No. 301 Fuel System calling the Treasury Bureau Clearance Integrity: inspection of all vehicles and Officer listed. Comments regarding this AGENCY: Internal Revenue Service (IRS), replacement of non-U.S.-model fuel information collection should be Treasury. system components with U.S.-model addressed to the OMB reviewer listed ACTION: Notice and request for components on vehicles not already so and to the Treasury Department comments. equipped. Clearance Officer, Department of the The petitioner states that all vehicles Treasury, Room 11000, 1750 SUMMARY: The Department of the will be inspected for compliance with Pennsylvania Avenue, NW., Treasury, as part of its continuing effort the parts marking requirements of the Washington, DC 20220. to reduce paperwork and respondent Theft Prevention Standard at 49 CFR Dates: Written comments should be burden, invites the general public and Part 541, and U.S.-model antitheft received on or before November 20, other Federal agencies to take this devices must be installed on vehicles 2006 to be assured of consideration. opportunity to comment on proposed not already so equipped prior to and/or continuing information Internal Revenue Service (IRS) importation. collections, as required by the The petitioner also states that a OMB Number: 1545–0984. Paperwork Reduction Act of 1995, vehicle identification plate must be Type of Review: Extension. Public Law 104–13 (44 U.S.C. affixed to the vehicles near the left Title: Low-Income Housing Credit. 3506(c)(2)(A)). Currently, the IRS is windshield post and a reference and Form: 8586. soliciting comments concerning an certification label must be affixed in the Description: The Tax Reform Act of existing final regulation, REG–209373– area of the left front door post to meet 1986 (Code section 42) permits owners 81 (TD 8797), Election to Amortize the requirements of 49 CFR part 565. of residential rental projects providing Start-Up Expenditures for Active Trade The petitioner further states that a low-income housing to claim a credit or Business (§ 1.195–1). against income tax for part of the cost certification label must be affixed to the DATES: Written comments should be of constructing or rehabilitating such vehicle to comply with the requirements received on or before December 18, 2006 low-income housing. Form 8586 is used of 49 CFR part 567. to be assured of consideration. Interested persons are invited to by taxpayers to compute the credit and by IRS to verify that the correct credit ADDRESSES: Direct all written comments submit comments on the petition to Glenn Kirkland, Internal Revenue described above. Comments should refer has been claimed. Respondents: Individuals or Service, Room 6516, 1111 Constitution to the docket number and be submitted Avenue, NW., Washington, DC 20224. to: Docket Management, Room PL–401, Households. Estimated Total Burden Hours: 90,007 FOR FURTHER INFORMATION CONTACT: 400 Seventh St., SW., Washington, DC hours. Requests for additional information or 20590. [Docket hours are from 9 am to OMB Number: 1545–1282. copies of the regulation should be 5 pm]. It is requested but not required Type of Review: Extension. directed to Allan Hopkins, at (202) 622– that 10 copies be submitted. Title: Enhanced Oil Recovery Credit. 6665, or at Internal Revenue Service, All comments received before the Form: 8830. close of business on the closing date Room 6516, 1111 Constitution Avenue, Description: The enhanced oil NW., Washington, DC 20224, or through indicated above will be considered, and recovery credit is 15% of qualified costs will be available for examination in the the Internet, at paid or incurred during the year. The [email protected]. docket at the above address both before purpose is to get more oil from the and after that date. To the extent wells. The IRS uses the information on SUPPLEMENTARY INFORMATION: possible, comments filed after the the form to ensure that the credit is Title: Election to Amortize Start-Up closing date will also be considered. correctly computed. Expenditures for Active Trade or Notice of final action on the petition Respondents: Businesses and other Business. will be published in the Federal for-profit institutions. OMB Number: 1545–1582. Register pursuant to the authority Estimated Total Burden Hours: 17,323 Regulation Project Number: REG– indicated below. hours. 209373–81.

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Abstract: Section 1.195–1 of the DEPARTMENT OF THE TREASURY being submitted for renewal purposes regulation provides that start-up only. expenditures may, at the discretion of Internal Revenue Service Type of Review: Extension of a the taxpayer, be amortized over a period currently approved collection. of not less than 60 months beginning Proposed Collection; Comment Affected Public: Businesses and other with the month the active trade or Request for Regulation Project for-profit organizations. business begins. Taxpayers may elect to AGENCY: Internal Revenue Service (IRS), Estimated Number of Respondents: amortize start-up expenditures by filing Treasury. 10. a statement with their tax return for the Estimated Time Per Respondent: 150 ACTION: Notice and request for taxable year in which the trade or hours. comments. business begins. Estimated Total Annual Burden Current Actions: There is no change to SUMMARY: The Department of the Hours: 1,500. this existing regulation. Treasury, as part of its continuing effort The following paragraph applies to all Type of Review: Extension of a to reduce paperwork and respondent of the collections of information covered currently approved collection. burden, invites the general public and by this notice: Affected Public: Business or other for- other Federal agencies to take this An agency may not conduct or profit organizations. opportunity to comment on proposed sponsor, and a person is not required to Estimated Number of Respondents: and/or continuing information respond to, a collection of information 150,000. collections, as required by the unless the collection of information Estimated Time Per Respondent: 15 Paperwork Reduction Act of 1995, displays a valid OMB control number. minutes. Public Law 104–13 (44 U.S.C. Books or records relating to a collection Estimated Total Annual Burden 3506(c)(2)(A)). Currently, the IRS is of information must be retained as long Hours: 37,500. soliciting comments concerning an as their contents may become material The following paragraph applies to all existing final regulation, REG–120882– in the administration of any internal of the collections of information covered 97 (TD 8898), Continuity of Interest revenue law. Generally, tax returns and by this notice: (§§ 1.368–1(e)(1)(ii) and 1.368– tax return information are confidential, as required by 26 U.S.C. 6103. An agency may not conduct or 1(e)(2)(ii)). Request for Comments: Comments sponsor, and a person is not required to DATES: Written comments should be submitted in response to this notice will respond to, a collection of information received on or before December 18, 2006 be summarized and/or included in the unless the collection of information to be assured of consideration. request for OMB approval. All displays a valid OMB control number. ADDRESSES: Direct all written comments comments will become a matter of Books or records relating to a collection to Glenn P. Kirkland, Internal Revenue public record. Comments are invited on: of information must be retained as long Service, room 6516, 1111 Constitution (a) Whether the collection of as their contents may become material Avenue NW., Washington, DC 20224. information is necessary for the proper in the administration of any internal FOR FURTHER INFORMATION CONTACT: performance of the functions of the revenue law. Generally, tax returns and Requests for additional information or agency, including whether the tax return information are confidential, copies of the form and instructions information shall have practical utility; as required by 26 U.S.C. 6103. should be directed to R. Joseph Durbala, (b) the accuracy of the agency’s estimate Request for Comments: Comments (202) 622–3634, at Internal Revenue of the burden of the collection of submitted in response to this notice will Service, room 6516, 1111 Constitution information; (c) ways to enhance the be summarized and/or included in the Avenue NW., Washington, DC 20224, or quality, utility, and clarity of the request for OMB approval. All through the Internet at information to be collected; (d) ways to comments will become a matter of [email protected]. minimize the burden of the collection of public record. Comments are invited on: information on respondents, including (a) Whether the collection of SUPPLEMENTARY INFORMATION: through the use of automated collection information is necessary for the proper Title: Continuity of Interest. techniques or other forms of information performance of the functions of the OMB Number: 1545–1691. technology; and (e) estimates of capital agency, including whether the Regulation Project Number: REG– or start-up costs and costs of operation, information shall have practical utility; 120882–97. maintenance, and purchase of services (b) the accuracy of the agency’s estimate Abstract: Taxpayers who entered into to provide information. of the burden of the collection of a binding agreement on or after January information; (c) ways to enhance the 28, 1998 (the effective date of § 1.368– Approved: September 26, 2006. quality, utility, and clarity of the 1T), and before the effective date of the Glenn P. Kirkland, information to be collected; (d) ways to final regulations under § 1.368–1(e) may IRS Reports Clearance Officer. minimize the burden of the collection of request a private letter ruling permitting [FR Doc. E6–17393 Filed 10–18–06; 8:45 am] them to apply § 1.368–1(e) to their information on respondents, including BILLING CODE 4830–01–P through the use of automated collection transaction. A private letter ruling will techniques or other forms of information not be issued unless the taxpayer technology; and (e) estimates of capital establishes to the satisfaction of the IRS, DEPARTMENT OF THE TREASURY or start-up costs and costs of operation, that there is not a significant risk of maintenance, and purchase of services different parties to the transaction Internal Revenue Service to provide information. taking inconsistent positions, for U.S. tax purposes with respect to the [FI–59–91] Approved: September 18, 2006. applicability of § 1.368–1(e) to the Glenn P. Kirkland, Proposed Collection; Comment transaction. Request for Regulation Project IRS Reports Clearance Officer. Current Actions: There is no change [FR Doc. 06–8758 Filed 10–18–06; 8:45 am] in the paperwork burden previously AGENCY: Internal Revenue Service (IRS), BILLING CODE 4830–01–M approved by OMB. This regulation is Treasury.

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ACTION: Notice and request for An agency may not conduct or existing final regulation, INTL–656–87 comments. sponsor, and a person is not required to (TD 8701), Treatment of Shareholders of respond to, a collection of information Certain Passive Foreign Investment SUMMARY: The Department of the unless the collection of information Companies (§§ 1.1291–9(d) and 1.1291– Treasury, as part of its continuing effort displays a valid OMB control number. 10(d)). to reduce paperwork and respondent Books or records relating to a collection DATES: Written comments should be burden, invites the general public and of information must be retained as long other Federal agencies to take this received on or before December 18, 2006 as their contents may become material to be assured of consideration. opportunity to comment on proposed in the administration of any internal and/or continuing information ADDRESSES: Direct all written comments revenue law. Generally, tax returns and to Glenn Kirkland, Internal Revenue collections, as required by the tax return information are confidential, Paperwork Reduction Act of 1995, Service, room 6516, 1111 Constitution as required by 26 U.S.C. 6103. Public Law 104–13 (44 U.S.C. Avenue NW., Washington, DC 20224. Request for Comments: Comments 3506(c)(2)(A)). Currently, the IRS is FOR FURTHER INFORMATION CONTACT: submitted in response to this notice will soliciting comments concerning an Requests for additional information or be summarized and/or included in the existing final regulation, FI–59–91 (TD copies of the regulation should be request for OMB approval. All 8674), Debt Instructions With Original directed to R. Joseph Durbala, at (202) comments will become a matter of Issue Discount; Contingent Payment; 622–3634, Internal Revenue Service, public record. Comments are invited on: Anti-Abuse Rule (§§ 1.1275–2, 1.1275– room 6516, 1111 Constitution Avenue (a) Whether the collection of 3, 1.1275–4, and 1.275–6). NW., Washington, DC 20224, or through information is necessary for the proper DATES: the internet at [email protected]. Written comments should be performance of the functions of the received on or before December 18, 2006 agency, including whether the SUPPLEMENTARY INFORMATION: to be assured of consideration. information shall have practical utility; Title: Treatment of Shareholders of ADDRESSES: Direct all written comments (b) the accuracy of the agency’s estimate Certain Passive Foreign Investment to Glenn Kirkland, Internal Revenue of the burden of the collection of Companies. Service, room 6516, 1111 Constitution information; (c) ways to enhance the OMB Number: 1545–1507. Regulation Project Number: INTL– Avenue NW., Washington, DC 20224. quality, utility, and clarity of the 656–87. FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to Abstract: The reporting requirements Requests for additional information or minimize the burden of the collection of affect United States persons that are copies of the regulation should be information on respondents, including direct and indirect shareholders of directed to Allan Hopkins, at (202) 622– through the use of automated collection passive foreign investment companies 6665, or at Internal Revenue Service, techniques or other forms of information (PFICSs). The requirements enable the room 6516, 1111 Constitution Avenue technology; and (e) estimates of capital Internal Revenue Service to identify NW., Washington, DC 20224, or through or start-up costs and costs of operation, PFICs, United States shareholders, and the Internet, at maintenance, and purchase of services transactions subject to PFIC taxation [email protected]. to provide information. and verify income inclusions, excess SUPPLEMENTARY INFORMATION: Approved: September 29, 2006. distributions, and deferred tax amounts. Title: Desk Instruments With Original Allan Hopkins, Current Actions: There is no change to Issue Discount; Contingent Payments; IRS Reports Clearance Officer. this existing regulation. Anti-Abuse Rule. Type of Review: Extension of a OMB Number: 1545–1450. [FR Doc. E6–17395 Filed 10–18–06; 8:45 am] currently approved collection. Regulation Project Number: FI–59–91. BILLING CODE 4830–01–P Abstract: This regulation relates to the Affected Public: Individuals, business tax treatment of debt instruments that or other for-profit organizations, and provide for one or more contingent DEPARTMENT OF THE TREASURY not-for-profit institutions. payments. The regulation also treats a Estimated Number of Respondents: Internal Revenue Service debt instrument and a related hedge as 131,250. Estimated Time Per Respondent: 46 an integrated transaction. The regulation [INTL–656–87] provides general rules, definitions, and minutes. Estimated Total Annual Burden reporting and recordkeeping Proposed Collection; Comment Hours: 100,000. requirements for contingent payment Request for Regulation Project The following paragraph applies to all debt instruments and for integrated debt AGENCY: Internal Revenue Service (IRS), of the collections of information covered instruments. Current Actions: There is no change to Treasury. by this notice: this existing regulation. ACTION: Notice and request for An agency may not conduct or Type of Review: Extension of a comments. sponsor, and a person is not required to currently approved collection. respond to, a collection of information Affected Public: Business or other for- SUMMARY: The Department of the unless the collection of information profit organizations, individuals, and Treasury, as part of its continuing effort displays a valid OMB control number. state, local, or tribal governments. to reduce paperwork and respondent Books or records relating to a collection Estimated Number of Respondents: burden, invites the general public and of information must be retained as long 180,000. other Federal agencies to take this as their contents may become material Estimated Time Per Respondent: 30 opportunity to comment on proposed in the administration of any internal minutes. and/or continuing information revenue law. Generally, tax returns and Estimated Total Annual Burden collections, as required by the tax return information are confidential, Hours: 89,000. Paperwork Reduction Act of 1995, as required by 26 U.S.C. 6103. The following paragraph applies to all Public Law 104–13 (44 U.S.C. Request for Comments: Comments of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is submitted in response to this notice will by this notice: soliciting comments concerning an be summarized and/or included in the

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request for OMB approval. All Service, room 6516, 1111 Constitution or start-up costs and costs of operation, comments will become a matter of Avenue NW., Washington, DC 20224, or maintenance, and purchase of services public record. Comments are invited on: through the internet at to provide information. (a) Whether the collection of [email protected]. Approved: September 29, 2006. information is necessary for the proper SUPPLEMENTARY INFORMATION: Glenn P. Kirkland, performance of the functions of the Title: Subchapter S Subsidiaries. IRS Reports Clearance Officer. agency, including whether the OMB Number: 1545–1590. information shall have practical utility; [FR Doc. E6–17400 Filed 10–18–06; 8:45 am] Regulation Project Number: REG– BILLING CODE 4830–01–P (b) the accuracy of the agency’s estimate 251698–96. of the burden of the collection of Abstract: This regulation relates to the information; (c) ways to enhance the treatment of corporate subsidiaries of S DEPARTMENT OF THE TREASURY quality, utility, and clarity of the corporations and interprets the rules information to be collected; (d) ways to added to the Internal Revenue Code by Internal Revenue Service minimize the burden of the collection of section 1308 of the Small Business Job information on respondents, including Protection Act of 1996. The collection of [T.D. 8418] through the use of automated collection information required in the regulation is techniques or other forms of information Proposed Collection; Comment necessary for a taxpayer to obtain, Request for Regulation Project technology; and (e) estimates of capital retain, or terminate S corporation or start-up costs and costs of operation, treatment. AGENCY: Internal Revenue Service (IRS), maintenance, and purchase of services Current Actions: There is no change to Treasury. to provide information. this existing regulation. ACTION: Notice and request for Approved: September 29, 2006. Type of Review: Extension of a comments. Glenn P. Kirkland, currently approved collection. IRS Reports Clearance Officer. Affected Public: Businesses or other SUMMARY: The Department of the [FR Doc. E6–17398 Filed 10–18–06; 8:45 am] for-profit organizations, individuals, Treasury, as part of its continuing effort and farms. to reduce paperwork and respondent BILLING CODE 4830–01–P Estimated Number of Respondents: burden, invites the general public and 10,660. other Federal agencies to take this DEPARTMENT OF THE TREASURY Estimated Time per Respondent: 57 opportunity to comment on proposed minutes. and/or continuing information Internal Revenue Service Estimated Total Annual Reporting collections, as required by the Burden Hours: 10,110. Paperwork Reduction Act of 1995, [REG–251698–96] The following paragraph applies to all Public Law 104–13(44 U.S.C. Proposed Collection; Comment of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is Request for Regulation Project by this notice: soliciting comments concerning an An agency may not conduct or existing final regulation, T.D. 8418, AGENCY: Internal Revenue Service (IRS), sponsor, and a person is not required to Arbitrage Restrictions on Tax-exempt Treasury. respond to, a collection of information Bonds (§§ 1.148–1, 1.148–2, 1.148–3, ACTION: Notice and request for unless the collection of information 1.148–4, 1.148–5, 1.148–6, 1.148–7, comments. displays a valid OMB control number. 1.148–8, and 1.148–11). Books or records relating to a collection DATES: Written comments should be SUMMARY: The Department of the of information must be retained as long Treasury, as part of its continuing effort received on or before December 18, 2006 as their contents may become material to be assured of consideration. to reduce paperwork and respondent in the administration of any internal burden, invites the general public and ADDRESSES: Direct all written comments revenue law. Generally, tax returns and to Glenn Kirkland, Internal Revenue other Federal agencies to take this tax return information are confidential, opportunity to comment on proposed Service, Room 6516, 1111 Constitution as required by 26 U.S.C. 6103. Avenue NW., Washington, DC 20224. and/or continuing information Request for Comments: Comments collections, as required by the submitted in response to this notice will FOR FURTHER INFORMATION CONTACT: Paperwork Reduction Act of 1995, be summarized and/or included in the Requests for additional information or Public Law 104–13 (44 U.S.C. request for OMB approval. All copies of the information collection 3506(c)(2)(A)). Currently, the IRS is comments will become a matter of should be directed to R. Joseph Durbala, soliciting comments concerning an public record. Comments are invited on: at (202) 622–3634, or at Internal existing final regulation, REG–251698– (a) Whether the collection of Revenue Service, Room 6516, 1111 96 (TD 8869), Subchapter S Subsidiaries information is necessary for the proper Constitution Avenue NW., Washington, (§§ 1.1361–3, 1.1361–5, and 1.1362–8). performance of the functions of the DC 20224, or through the internet, at DATES: Written comments should be agency, including whether the [email protected]. received on or before December 18, 2006 information shall have practical utility; SUPPLEMENTARY INFORMATION: to be assured of consideration. (b) the accuracy of the agency’s estimate Title: Arbitrage Restrictions on tax- ADDRESSES: Direct all written comments of the burden of the collection of exempt Bonds. to Glenn P. Kirkland, Internal Revenue information; (c) ways to enhance the OMB Number: 1545–1098. Service, room 6516, 1111 Constitution quality, utility, and clarity of the Regulation Project Number: T.D. 8418. Avenue NW., Washington, DC 20224. information to be collected; (d) ways to Abstract: This regulation requires FOR FURTHER INFORMATION CONTACT: minimize the burden of the collection of state and local governmental issuers of Requests for additional information or information on respondents, including tax-exempt bonds to rebate arbitrage copies of this regulation should be through the use of automated collection profits earned on nonpurpose directed to R. Joseph Durbala, at (202) techniques or other forms of information investments acquired with the bond 622–3634, or at Internal Revenue technology; and (e) estimates of capital proceeds. Issuers are required to submit

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a form with the rebate. The regulations DEPARTMENT OF THE TREASURY Estimated Time Per Respondent: 2.5 provide for several elections, all of hours. which must be in writing. Internal Revenue Service Estimated Total Annual Burden Hours: 1,375. Current Actions: There is no change to Proposed Collection; Comment this existing regulation. The following paragraph applies to all Request for Regulation Project (TD of the collections of information covered Type of Review: Extension of a 9286) by this notice: currently approved collection. AGENCY: Internal Revenue Service (IRS), An agency may not conduct or Affected Public: State, local, or tribal Treasury. sponsor, and a person is not required to governments, and not-for-profit ACTION: Notice and request for respond to, a collection of information institutions. comments. unless the collection of information displays a valid OMB control number. Estimated Number of Respondents: SUMMARY: The Department of the Books or records relating to a collection 3,100. Treasury, as part of its continuing effort of information must be retained as long Estimated Time Per Respondent: 2 to reduce paperwork and respondent as their contents may become material hours, 45 minutes. burden, invites the general public and in the administration of any internal Estimated Total Annual Burden other Federal agencies to take this revenue law. Generally, tax returns and Hours: 8,550. opportunity to comment on proposed tax return information are confidential, and/or continuing information as required by 26 U.S.C. 6103. The following paragraph applies to all collections, as required by the Request for Comments: Comments of the collections of information covered Paperwork Reduction Act of 1995, submitted in response to this notice will by this notice: Public Law 104–13 (44 U.S.C. be summarized and/or included in the An agency may not conduct or 3506(c)(2)(A)). Currently, the IRS is request for OMB approval. All sponsor, and a person is not required to soliciting comments concerning comments will become a matter of respond to, a collection of information temporary regulations (TD 9286), public record. Comments are invited on: unless the collection of information Railroad Track Maintenance Credit. (a) Whether the collection of displays a valid OMB control number. DATES: Written comments should be information is necessary for the proper Books or records relating to a collection received on or before December 18, 2006 performance of the functions of the of information must be retained as long to be assured of consideration. agency, including whether the as their contents may become material ADDRESSES: Direct all written comments information shall have practical utility; in the administration of any internal to Glenn P. Kirkland, Internal Revenue (b) the accuracy of the agency’s estimate revenue law. Generally, tax returns and Service, room 6516, 1111 Constitution of the burden of the collection of tax return information are confidential, Avenue NW., Washington, DC 20224. information; (c) ways to enhance the quality, utility, and clarity of the as required by 26 U.S.C. 6103. FOR FURTHER INFORMATION CONTACT: information to be collected; (d) ways to Request for Comments: Comments Requests for additional information or copies of the form and instructions minimize the burden of the collection of submitted in response to this notice will information on respondents, including be summarized and/or included in the should be directed to R. Joseph Durbala, (202) 622–3634, at Internal Revenue through the use of automated collection request for OMB approval. All Service, room 6516, 1111 Constitution techniques or other forms of information comments will become a matter of Avenue NW., Washington, DC 20224, or technology; and (e) estimates of capital public record. Comments are invited on: through the Internet at or start-up costs and costs of operation, (a) Whether the collection of [email protected]. maintenance, and purchase of services information is necessary for the proper to provide information. performance of the functions of the SUPPLEMENTARY INFORMATION: Title: Railroad Track Maintenance Approved: September 29, 2006. agency, including whether the Credit. Glenn P. Kirkland, information shall have practical utility; OMB Number: 1545–2031. IRS Reports Clearance Officer. (b) the accuracy of the agency’s estimate Regulation Project Number: TD 9286. [FR Doc. E6–17417 Filed 10–18–06; 8:45 am] of the burden of the collection of Abstract: This temporary regulation BILLING CODE 4830–01–P information; (c) ways to enhance the provides rules for claiming the railroad quality, utility, and clarity of the track maintenance credit under section information to be collected; (d) ways to 45G of the Internal Revenue Code for DEPARTMENT OF THE TREASURY minimize the burden of the collection of qualified track maintenance information on respondents, including expenditures paid or incurred by a Class Internal Revenue Service through the use of automated collection II or Class III railroad and other eligible [EE–111–80] techniques or other forms of information taxpayers. The temporary regulation technology; and (e) estimates of capital provides the time and manner for a Proposed Collection: Comment or start-up costs and costs of operation, taxpayer to submit certain information Request for Regulation Project maintenance, and purchase of services to claim this credit. AGENCY: to provide information. Current Actions: There is no change Internal Revenue Service (IRS), in the paperwork burden previously Treasury. Approved: September 29, 2006. approved by OMB. This form is being ACTION: Notice and request for Glenn P. Kirkland, submitted for renewal purposes only. comments. IRS Reports Clearance Officer. Type of Review: Extension of a [FR Doc. E6–17401 Filed 10–18–06; 8:45 am] currently approved collection. SUMMARY: The Department of the Affected Public: Businesses and other Treasury, as part of its continuing effort BILLING CODE 4830–01–P for-profit organizations. to reduce paperwork and respondent Estimated Number of Respondents: burden, invites the general public and 550. other Federal agencies to take this

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opportunity to comment on proposed make available to the public the returns tax return information are confidential, and/or continuing information required to be filed by exempt as required by 26 U.S.C. 6103. collections, as required by the organizations. The information Request for Comments: Comments Paperwork Reduction Act of 1995, requested in section 301.6104(b)–1(b)(4) submitted in response to this notice will of this regulation is necessary in order Public Law 104–13 (44 U.S.C. be summarized and/or included in the 3506(c)(2)(A)). Currently, the IRS is for the IRS not to disclose confidential request for OMB approval. All soliciting comments concerning an business information furnished by comments will become a matter of existing final regulation, EE–111–80 (TD businesses which contribute to exempt 8019), Public Inspection of Exempt black lung trusts. public record. Comments are invited on: Organization Returns (§ 301.6104(b)–1). Current Actions: There is no change to (a) Whether the collection of information is necessary for the proper DATES: Written comments should be this existing regulation. received on or before December 18, 2006 Type of Review: Extension of a performance of the functions of the to be assured of consideration. currently approved collection. agency, including whether the Affected Public: Business or other for- information shall have practical utility; ADDRESSES: Direct all written comments profit organizations. to Glenn P. Kirkland, Internal Revenue (b) the accuracy of the agency’s estimate Estimated Number of Respondents: of the burden of the collection of Service, room 6516, 1111 Constitution 22. Avenue NW., Washington, DC 20224. information; (c) ways to enhance the Estimated Time Per Respondent: 1 quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: hour. information to be collected; (d) ways to Requests for additional information or Estimated Total Annual Burden copies of regulation should be directed Hours: 22. minimize the burden of the collection of to R. Joseph Durbala, (202) 622–3634, at The following paragraph applies to all information on respondents, including Internal Revenue Service, room 6516, of the collections of information covered through the use of automated collection 1111 Constitution Avenue NW., by this notice: techniques or other forms of information Washington, DC 20224, or through the An agency may not conduct or technology; and (e) estimates of capital internet at [email protected]. sponsor, and a person is not required to or start-up costs and costs of operation, SUPPLEMENTARY INFORMATION: respond to, a collection of information maintenance, and purchase of services Title: Public Inspection of Exempt unless the collection of information to provide information. Organization Returns. displays a valid OMB control number. Approved: September 29, 2006. Books or records relating to a collection OMB Number: 1545–0742. Glenn P. Kirkland, Regulation Project Number: EE–111– of information must be retained as long 80. as their contents may become material IRS Reports Clearance Officer. Abstract: Internal Revenue Code in the administration of any internal [FR Doc. E6–17419 Filed 10–18–06; 8:45 am] section 6104(b) authorizes the IRS to revenue law. Generally, tax returns and BILLING CODE 4830–01–P

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Corrections Federal Register Vol. 71, No. 202

Thursday, October 19, 2006

This section of the FEDERAL REGISTER DEPARTMENT OF THE TREASURY § 301.6103(k)(6)–1 [Corrected] contains editorial corrections of previously 1. On page 38988, in the first column, published Presidential, Rule, Proposed Rule, Internal Revenue Service in § 301.6103(k)(6)–1(d), in Example 1, and Notice documents. These corrections are ‘‘taxpayer(s’’ should read ‘‘taxpayer’s’’ prepared by the Office of the Federal 26 CFR Part 301 Register. Agency prepared corrections are wherever it occurs in the paragraph. issued as signed documents and appear in 2. On the same page, in the same the appropriate document categories [TD 9274] column, in the same section, in Example elsewhere in the issue. 2, in the sixth line, ‘‘taxpayer(s’’ should 1545–BB16 read ‘‘taxpayer’s’’. 3. On the same page, in the second Disclosure of Return Information by column, in the same section, in Example Certain Officers and Employees for 3, ‘‘taxpayer(s’’ should read Investigative Purposes ‘‘taxpayer’s’’ wherever it occurs in the paragraph. Correction 4. On the same page, in the same column, in the same section, in Example In rule document 06–6110, beginning 4, in the eleventh line, ‘‘Corporation on page 38985, in the issue of Tuesday, A(s’’ should read ‘‘Corporation A’s’’. July 11, 2006, make the following [FR Doc. C6–6110 Filed 10–18–06; 8:45 am] corrections: BILLING CODE 1505–01–D

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Part II

Department of Transportation Federal Railroad Administration

49 CFR Parts 229 and 238 Passenger Equipment Safety Standards; Miscellaneous Amendments and Attachment of Safety Appliances on Passenger Equipment; Final Rule

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DEPARTMENT OF TRANSPORTATION • Web site: http://dms.dot.gov. included it in the Federal Railroad Follow the instructions for submitting Safety Authorization Act of 1994 (the Federal Railroad Administration comments on the DOT electronic docket Act), Public Law Number 103–440, 108 site. Stat. 4619, 4623–4624 (November 2, 49 CFR Parts 229 and 238 • Fax: 202–493–2251. 1994). Section 215 of the Act, as now • [Docket No. FRA–2005–23080, Notice No. Mail: Docket Management Facility, codified at 49 U.S.C. 20133, provides as 2] U.S. Department of Transportation, 400 follows: Seventh Street, SW., Nassif Building, RIN 2130–AB67 (a) MINIMUM STANDARDS.—The Room PL–401, Washington, DC 20590– Secretary of Transportation shall prescribe 0001. Passenger Equipment Safety regulations establishing minimum standards • Hand Delivery: Room PL–401 on Standards; Miscellaneous for the safety of cars used by railroad carriers the plaza level of the Nassif Building, to transport passengers. Before prescribing Amendments and Attachment of Safety 400 Seventh Street, SW., Washington, such regulations, the Secretary shall Appliances on Passenger Equipment DC between 9 a.m. and 5 p.m. Monday consider— (1) the crashworthiness of the cars; AGENCY: Federal Railroad through Friday, except Federal holidays. • Federal eRulemaking Portal: Go to (2) interior features (including luggage Administration (FRA), Department of restraints, seat belts, and exposed surfaces) Transportation (DOT). http://www.regulations.gov. Follow the that may affect passenger safety; ACTION: Final rule. online instructions for submitting (3) maintenance and inspection of the cars; comments. (4) emergency response procedures and SUMMARY: FRA is amending its existing Instructions: All submissions must equipment; and regulations in an effort to address include the agency name and docket (5) any operating rules and conditions that various mechanical issues relevant to number or Regulatory Identification directly affect safety not otherwise governed the manufacture, efficient utilization, Number (RIN) for this rulemaking. Note by regulations. and safe operation of passenger that all comments received will be The Secretary may make applicable some equipment and trains that have arisen posted without change to http:// or all of the standards established under this subsection to cars existing at the time the since FRA’s original issuance of the dms.dot.gov including any personal regulations are prescribed, as well as to new Passenger Equipment Safety Standards. information. Please see the Privacy Act cars, and the Secretary shall explain in the The miscellaneous amendments heading in the SUPPLEMENTARY rulemaking document the basis for making concentrate on the following five areas: INFORMATION section of this document such standards applicable to existing cars. Clarifying the terminology related to for Privacy Act information related to (b) INITIAL AND FINAL piston travel indicators; providing any submitted comments or materials. REGULATIONS.—(1) The Secretary shall alternative design and additional Docket: For access to the docket to prescribe initial regulations under subsection inspection criteria for new passenger read background documents or (a) within 3 years after the date of enactment equipment not designed to allow comments received, go to http:// of the Federal Railroad Safety Authorization Act of 1994. The initial regulations may inspection of the application and release dms.dot.gov at any time or to PL–401 on exempt equipment used by tourist, historic, of the brakes from outside the the plaza level of the Nassif Building, scenic, and excursion railroad carriers to equipment; permitting some latitude in 400 Seventh Street, SW., Washington, transport passengers. the use of passenger equipment with DC between 9 a.m. and 5 p.m. Monday (2) The Secretary shall prescribe final redundant air compressors when a through Friday, except Federal holidays. regulations under subsection (a) within 5 limited number of the compressors FOR FURTHER INFORMATION CONTACT: years after such date of enactment. become inoperative; recognizing current George Scerbo, Office of Safety (c) PERSONNEL.—The Secretary may establish within the Department of locomotive manufacturing techniques Assurance and Compliance, Motive by permitting an alternative pneumatic Transportation 2 additional full-time Power & Equipment Division, RRS–14, equivalent positions beyond the number pressure test for main reservoirs; and Mail Stop 25, Federal Railroad permitted under existing law to assist with adding provisions to ensure the proper Administration, 1120 Vermont Avenue, the drafting, prescribing, and implementation securement of unattended equipment. NW., Washington, DC 20590 (telephone of regulations under this section. FRA is also clarifying the existing 202–493–6247), or Thomas J. Herrmann, (d) CONSULTATION.—In prescribing regulatory requirements related to the Deputy Assistant Chief Counsel, Office regulations, issuing orders, and making attachment of safety appliances and is of Chief Counsel, Mail Stop 10, Federal amendments under this section, the Secretary mandating an identification and Railroad Administration, 1120 Vermont may consult with Amtrak, public authorities operating railroad passenger service, other inspection protocol to address passenger Avenue, NW., Washington, DC 20590 equipment containing welded safety railroad carriers transporting passengers, (telephone 202–493–6036). organizations of passengers, and appliances or welded safety appliance SUPPLEMENTARY INFORMATION: organizations of employees. A consultation is brackets or supports. Finally, FRA is not subject to the Federal Advisory amending the regulations to permit I. Statutory Background Committee Act (5 U.S.C. App.), but minutes railroads the ability to apply out-of- In September of 1994, the Secretary of of the consultation shall be placed in the service credit to certain periodic Transportation convened a meeting of public docket of the regulatory proceeding. maintenance requirements related to representatives from all sectors of the The Secretary of Transportation has passenger equipment. rail industry with the goal of enhancing delegated these rulemaking DATES: Effective Date: December 18, rail safety. As one of the initiatives responsibilities to the Federal Railroad 2006. The incorporation by reference of arising from this Rail Safety Summit, Administrator. See 49 CFR 1.49(m). certain publications listed in the rule is the Secretary announced that DOT approved by the Director of the Federal would begin developing safety II. Proceedings to Date Register as of December 18, 2006. standards for rail passenger equipment On June 17, 1996, FRA published an ADDRESSES: Petitions: Any petitions for over a five-year period. In November of advanced notice of proposed reconsideration related to Docket No. 1994, Congress adopted the Secretary’s rulemaking (ANPRM) concerning the FRA–2005–23080, may be submitted by schedule for implementing rail establishment of comprehensive safety any of the following methods: passenger equipment regulations and standards for railroad passenger

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equipment. See 61 FR 30672. The develop recommendations on various no significant comments on any of the ANPRM provided background subject-specific issues. One of these task RSAC developed provisions proposed in information on the need for such forces, the Mechanical Issues Task Force the NPRM, FRA determined that there standards, offered preliminary ideas on (Task Force), was assigned the job of was no need to hold any further RSAC approaching passenger safety issues, identifying and developing issues and meetings related to this proceeding. and presented questions on various recommendations specifically related to Moreover, because this final rule passenger safety topics. Following the inspection, testing, and operation of retains all of the RSAC-recommended consideration of comments received on passenger equipment as well as provisions proposed in the NPRM the ANPRM and advice from FRA’s concerns related to the attachment of without change, there was no need to Passenger Equipment Working Group, safety appliances on passenger seek the full RSAC’s approval of this FRA published a Notice of Proposed equipment. final rule. Consequently, FRA Rulemaking (NPRM) on September 23, The Task Force met several times proceeded to draft this final rule 1997, to establish comprehensive safety between 2003 and late-2005 in order to without further input from the RSAC. standards for railroad passenger develop detailed recommendations to equipment. See 62 FR 49728. In the full Working Group. The Task Force III. RSAC Overview addition to requesting written comment recommendations became the In March 1996, FRA established the on the NPRM, FRA also solicited oral recommendations of the Working Group RSAC, which provides a forum for comment at a public hearing held on and the full RSAC. The RSAC did not developing consensus recommendations November 21, 1997. FRA considered the make any recommendations regarding on rulemakings and other safety comments received on the NPRM and the proposed provisions related to the program issues. The Committee prepared a final rule establishing safety attachment of safety appliances on includes representation from all of the standards for passenger equipment, passenger equipment and the proposed agency’s major customer groups, which was published on May 12, 1999. provision involving out-of-service including railroads, labor organizations, See 64 FR 25540. credit. At the October 26–27, 2004 suppliers and manufacturers, and other After publication of the final rule, meeting of the full Working Group, FRA interested parties. A list of member interested parties filed petitions seeking withdrew the task related to the groups follows: FRA’s reconsideration of some of the consideration of handling the American Association of Private requirements contained in the final rule. attachment of safety appliances on Railroad Car Owners (AAPRCO) These petitions generally related to the passenger equipment from the RSAC. American Association of State Highway following subject areas: structural FRA determined that consensus on this & Transportation Officials (AASHTO) design; fire safety; training; inspection, issue could not be reached in the RSAC APTA testing, and maintenance; and process and determined that it would American Short Line and Regional movement of defective equipment. On have to proceed with these issues on its Railroad Association (ASLRRA) July 3, 2000, FRA issued a response to own. Therefore, FRA developed the American Train Dispatchers Association the petitions for reconsideration relating proposed provisions related to the (ATDA) to the inspection, testing, and attachment of safety appliances Association of American Railroads maintenance of passenger equipment, unilaterally based on its own expertise (AAR) the movement of defective passenger in the area and based on discussions Association of Railway Museums (ARM) equipment, and other miscellaneous and information developed by the Association of State Rail Safety mechanical-related provisions Working Group and Task Force. FRA Managers (ASRSM) contained in the final rule. See 65 FR also did not seek consensus in the RSAC Brotherhood of Locomotive Engineers 41284. On April 23, 2002 and June 25, process for the proposed provision and Trainmen (BLET) 2002, FRA published two additional related to out-of service credit. This Brotherhood of Maintenance of Way responses to the petitions for issue was addressed on FRA’s own Employees Division (BMWED) reconsideration addressing the accord in response to the American Brotherhood of Railroad Signalmen remaining issues raised in the petitions. Public Transportation Association’s (BRS) See 67 FR 19970, and 67 FR 42892. (APTA) petition for rulemaking dated Federal Transit Administration (FTA)* Subsequent to the issuance of these March 28, 2005. Thus, FRA did not seek High Speed Ground Transportation responses, FRA and interested industry RSAC consensus on these issues. FRA Association (HSGTA) members began identifying various reviewed and adopted the International Association of Machinists issues related to the new passenger recommendations of the full RSAC and and Aerospace Workers equipment safety standards with the issued a Notice of Proposed Rulemaking International Brotherhood of Electrical intent that FRA would address the (NPRM) on December 8, 2005. See 70 FR Workers (IBEW) issues through FRA’s Railroad Safety 73070. Labor Council for Latin American Advisory Committee (RSAC). On May The comment period for the above Advancement (LCLAA)* 20, 2003, FRA presented, and the RSAC noted NPRM closed on February 17, League of Railway Industry Women* accepted, the task of reviewing existing 2006. FRA received comments from two National Association of Railroad passenger equipment safety needs and parties, the Brotherhood of Railway Passengers (NARP) programs and recommending Carmen and APTA. The comments of National Association of Railway consideration of specific actions useful these two parties were concentrated Business Women* to advance the safety of rail passenger almost exclusively on the proposed National Conference of Firemen & Oilers service. The RSAC established the provisions related to the attachment of National Railroad Construction and Passenger Equipment Working Group safety appliances on passenger Maintenance Association (Working Group) to handle this task and equipment. As the involved provisions National Railroad Passenger Corporation develop recommendations for the full were not developed through the RSAC (Amtrak) RSAC to consider. Due to the variety of process and the comments on those National Transportation Safety Board issues involved the Working Group provisions could not be discussed with (NTSB)* established a number of smaller task the members of the Working Group or Railway Supply Institute (RSI) forces, with specific expertise, to Task Force and because FRA received Safe Travel America (STA)

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Secretaria de Communicaciones y the Working Group, in addition to FRA, of discussions on those issues at the task Transporte* included the following: force or working group level. We believe Sheet Metal Workers International AAR, including members from BNSF this helps illuminate factors FRA has Association (SMWIA) Railway Company (BNSF), CSX weighed in making its regulatory Tourist Railway Association Inc. Transportation, Incorporated (CSX), and decisions, and the logic behind those Transport Canada* Union Pacific Railroad Company (UP); decisions. The reader should keep in Transport Workers Union of America APTA, including members from Illinois mind, of course, that only the full RSAC (TWU) Commuter Rail Corporation (METRA), makes recommendations to FRA, and it Long Island Rail Road (LIRR), Metro- Transportation Communications is the consensus recommendation of the North Railroad (MNR), Southeastern International Union/BRC (TCIU/BRC) full RSAC on which FRA acted in Pennsylvania Transportation Authority United Transportation Union (UTU) developing the NPRM and this final (SEPTA), Southern California Regional rule. *Indicates associate membership. Rail Authority (SCRRA), Saint Gobian IV. Technical Background When appropriate, FRA assigns a task Sully NA, LDK Engineering, and Herzog to the RSAC, and after consideration Transit Services, Incorporated; Amtrak; A. Redundancy of Air Compressors AAPRCO; AASHTO; BLET; BRS; and debate, RSAC may accept or reject MU passenger locomotives are HSGTA; IBEW; NARP; RSI; SMWIA; the task. If accepted, the RSAC generally operated as married pairs, but establishes a working group that STA; TCIU/BRC; TWU; and UTU. The NTSB met with the Working in some cases they can be operated as possesses the appropriate expertise and Group and provided staff advisors when single or triple units. In the case of the representation of interests to develop possible. In addition, staff from the U.S. married pairs, each pair of MU recommendations to FRA for action on DOT Volpe National Transportation locomotives share a single air the task. These recommendations are Systems Center (Volpe) attended many compressor. When operated in triple developed by consensus. A working of the meetings and contributed to the units, the three MU locomotives group may establish one or more task technical discussions. Due to the variety generally share two air compressors, forces to develop facts and options on of issues involved, the Working Group and single-unit MU locomotives are a particular aspect of a given task. The established a number of smaller task equipped with their own air task force then provides that forces, with specific expertise, to compressor. The amount of air required information to the working group for develop recommendations on various to be produced by the air compressors consideration. If a working group comes subject-specific issues. Members of the is based on the size of the brake pipe to unanimous consensus on task forces included various and the brake cylinder reservoirs, the recommendations for action, the representatives from various size of which is based on the calculated package is presented to the RSAC for a organizations that were part of the larger number of brake application-and-release vote. If the proposal is accepted by a Working Group. One of these task cycles the train will encounter. In simple majority of the RSAC, the forces, the Mechanical Issues Task Force addition, the compressed air produced proposal is formally recommended to (Task Force), was assigned the job of by the air compressors is shared within FRA. FRA then determines what action identifying and developing issues and the consist either by utilizing a main to take on the recommendation. Because recommendations specifically related to reservoir equalizing pipe or, in single FRA staff has played an active role at the inspection, testing, and operation of pipe systems, by utilizing the brake pipe the working group level in discussing passenger equipment as well as which is then diverted to the brake the issues and options and in drafting concerns related to the attachment of cylinder supply reservoir and other air- the language of the consensus proposal, safety appliances on passenger operated devices by use of a governor FRA is often favorably inclined toward equipment. Please refer to the preceding arrangement. Therefore, a passenger the RSAC recommendation. However, discussion in this document as well as train set consisting of numerous MU FRA is in no way bound to follow the the NPRM’s preamble discussion for a locomotives will have multiple air recommendation and the agency complete overview of this proceeding compressors providing the train consist exercises its independent judgment on both before and after the issuance of the with the necessary compressed air. FRA whether the recommended rule achieves NPRM. See Discussion in Paragraph II— agrees with the determinations of the the agency’s regulatory goal, is soundly Proceedings to Date; and 70 FR 73070 Task Force that a loss of compressed air supported, and is in accordance with through 73071. from a limited number of air policy and legal requirements. Often, Throughout the preamble discussion compressors in such a train will not FRA varies in some respects from the of this final rule, FRA refers to adversely effect the operation of the RSAC recommendation in developing comments, views, suggestions, or train’s brakes or other air-operated the actual regulatory proposal. If the recommendations made by members of components on the train. working group or the RSAC is unable to the Working Group or related Task Representatives of railroads and air reach consensus on recommendations Force. When using this terminology, brake manufacturers provided for action, FRA moves ahead to resolve FRA is referring to views, statements, information demonstrating that the the issue through traditional rulemaking discussions or positions identified or safety of a train set is not compromised proceedings. contained in either the minutes of the when a predetermined number of On May 20, 2003, FRA presented, and Working Group or Task Force meetings inoperative air compressors are allowed the RSAC accepted, the task of that were conducted during the to continue to operate in service on a reviewing existing passenger equipment development of the NPRM issued in this MU train set. On such train sets, the air safety needs and programs and proceeding. These documents have been compressors are applied by technical recommending consideration of specific made part of the docket in this specification to a certain number of cars actions useful to advance the safety of proceeding and are available for public such as one per married pair, two per rail passenger service. The Working inspection as discussed in the preceding triplet, and so on. The technical Group was established to handle this ADDRESSES portion of this document. specifications for these air compressors task and develop recommendations for These points are discussed to show the generally allow for a duty cycle the full RSAC to consider. Members of origin of certain issues and the course (percentage of operating capacity) for

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each air compressor that is something be maintained of the defective The manufacturers have been less than 50 percent. In fact, some condition. FRA believes these provision performing pneumatic testing on technical specifications limit the air will ensure the safety of passenger reservoir for years and FRA is not aware compressor duty cycle to 33 percent. operations while providing the railroads of any injury related to such testing in This means that on MU train sets the additional flexibility in handling manufacturer-controlled facilities. Thus, available air compressors are required to defective or inoperative equipment. the safety concerns originally attached to pneumatic testing have been operate at only 33 to 50 percent of their B. Pneumatic Testing of Locomotive minimized, if not eliminated, when operational capacity. One of the major Main Reservoirs reasons for imposing these low duty conducted at properly equipped cycles is to ensure that adequate air The current regulations contained at manufacturer facilities. pressure is available if one or more of 49 CFR 229.31(a) relating to main The ASME code currently utilized by the other air compressors in the train set reservoir tests requires that a hydrostatic all manufacturers of main reservoirs is not operating properly. Thus, these (water) test of a main reservoir be allows for the pneumatic testing of the systems are currently designed to conducted before it is originally placed reservoirs when the introduction of function properly even in the event that in service or before an existing main liquid cannot be tolerated. The a limited number of air compressors reservoir is placed back in service after introduction of water to perform become inoperative while the train is in being drilled as provided for in hydrostatic testing on main reservoirs service. Moreover, even in the unlikely § 229.31(c). At the Working Group and creates a problem because, if the liquid event that an MU passenger train set Task Force meetings, the manufacturers is not completely removed and the would lose all of its air compressors, of main reservoirs requested the ability reservoir interior completely dried, the then the air brakes would apply and to conduct a pneumatic (air) test of the moisture results in poor adhesion or a would remain applied until sufficient reservoirs in lieu of the currently lower coating of film than required. This compressed air is restored to the system. required hydrostatic test. The request condition has the potential of causing Consequently, FRA does not see any was limited to providing relief only for interior corrosion and premature failure adverse impact on the operational safety those tests required before a main of the reservoir. Thus, rather than of these types of trains if they are reservoir is originally placed in service creating this potential, FRA believes permitted to operate for a relatively and after an existing main reservoir is that it would be both safer and more short period of time with a limited drilled. efficient to permit the manufacturers of The companies that manufacture number of air compressors being main reservoirs to utilize pneumatic reservoirs for the rail industry, whether inoperative or ineffective. testing to meet the requirements the reservoir is utilized as a main contained in 49 CFR 229.31. FRA FRA did not receive any comments on reservoir or reservoir(s) utilized for received no comments objecting to the the proposed provisions related to this other purposes, must have an American flexibility proposed in the NPRM or issue. Thus, the final rule retains the Society of Mechanical Engineers suggesting additional restrictions or proposed provisions without change (ASME) certification. The reservoirs, requirements. Consequently, this final and permits MU train sets with a both main and other, manufactured by rule retains the proposed amendments limited number of inoperative or these companies are designed and to the regulation without change to ineffective air compressors to continue certified to meet the requirements of the permit pneumatic testing of newly to be used in passenger service until the ASME Boiler and Pressure Vessel Code. manufactured main reservoirs and next exterior calendar day mechanical In addition, reservoirs utilized as main reservoirs that are newly drilled and inspection when found at such an reservoirs on locomotives are also tested at a manufacturer’s facility. inspection. The final rule requires a manufactured and certified to meet the It should be noted that the final rule railroad to determine through data, requirements for such contained in part retains the proposed restriction that analysis, or actual testing the number of 229 of the Federal regulations. limits the ability to conduct pneumatic inoperative or ineffective air Currently, all passenger car reservoirs testing of the main reservoirs at only compressors that could be in an MU are pneumatically tested after those facilities with appropriate train set without compromising the fabrication and before the application of safeguards in place to ensure the safety integrity or safety of the train set based an interior protective coating. This of the personnel conducting the testing. on the size and type of train and the process is utilized so that reservoirs may After a reservoir is installed on a train’s operating profile. The railroad is be repaired if the reservoir does not pass locomotive, FRA continues to believe required to submit the maximum the initial test requirements. If the that hydrostatic testing would be the number of air compressors permitted to interior protective coating is applied only testing method that adequately be inoperative or ineffective on its prior to testing, any weld repairs cannot ensures the safety and protection of the various trains to FRA before it can begin be performed, as the interior coating personnel that are performing the test or operation under the final rule provision would be damaged. working near the installed reservoir. and is required to retain and make The rationale for originally requiring Regulatory language inserted at the end available to FRA any data or analysis that the main reservoirs be tested of paragraph (c) of § 229.31 makes clear relied on to make those determinations. hydrostatically was based on the safety that pneumatic testing of a reservoir The final rule also requires a qualified concerns should a main reservoir currently in use and newly drilled may maintenance person (QMP) to verify the catastrophically fail during the testing. only be conducted by a manufacturer of safety and integrity of any train The likelihood of injury is minimized main reservoirs in a safe environment. operating with inoperative or ineffective by having the reservoir filled with a In other circumstances, the final rule air compressors before the equipment liquid rather than air. However, since makes clear that a hydrostatic test of the continues in passenger service. In the original drafting of the locomotive reservoir must be conducted. addition, the final rule retains the regulations, manufacturers of reservoirs proposal provision requiring have implemented and developed both C. Design of New Passenger Equipment notification to the train crew of any equipment and procedures to ensure The manufacturers and railroad inoperative or ineffective air that test personnel are adequately representatives on the Working Group compressors and requires that a record shielded when conducting the testing. and Task Force sought clarification of

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the provision originally contained in 49 without going on, under, or between the requirements of § 238.231(b) for 28 CFR 238.231(b). This section requires equipment. Several railroads and Kawasaki bi-level coaches. See Docket the brake systems on equipment ordered manufacturers noted that the type of Number FRA–2004–18063. FRA did not on or after September 8, 2000, or placed piston travel indicators envisioned by receive any comments directly related to in service on or after September 9, 2002, FRA to meet the § 238.231(b) the proposed inspection protocols or the to be designed so as not to require an requirement were not currently proposed approach to this issue. Thus, inspector to go on, under, or between available, and even if they could be this final rule retains the proposed the equipment to observe the brake developed in the future, they would provisions with slight changes for actuation or release. At the Task Force likely be a maintenance problem and purposes of clarity. meetings and in the NPRM, FRA made unreliable. Representatives of rail labor The inspection protocols retained in clear that the requirement was intended also questioned the viability and need this final rule will be applicable to to be a design standard and was not for the type of piston travel indicators equipment placed in service on or after intended to prohibit or limit the discussed in the preamble to the September 9, 2002, the design of which conduct of brake or mechanical original final rule. These participants does not permit actual visual inspections required to be conducted in did not believe that any type of observation of the brake actuation and part 238. See 70 FR 73074. FRA realizes mechanical indicator should take the release. The final rule provisions will that in order to perform many of the place of direct visual inspection of the require such equipment to be equipped brake and mechanical inspections brake system components. with either piston travel indicators or required by the regulations an inspector Consequently, the members of the Task brake indicators as defined in § 238.5. will have to go on, under, or between Force believed that the best approach to The equipment is also required to the equipment. FRA has acknowledged the issue was to provide additional receive a periodic brake inspection by a this practice and railroads have inspection protocols for new equipment QMP at intervals not to exceed five in- effectively conducted these types of that are designed in a manner that service days and the inspection must be inspections in this manner for decades. makes observation of the actuation and performed while the equipment is over The plain language of existing release of the brakes impossible from an inspection pit or on a raised track. In § 238.231(b) requires new equipment to outside the plane of the equipment addition, the railroad performing the be designed to allow direct observation rather than mandating the use of additional inspection is required to of the brake actuation and release untested and potentially unreliable maintain a record of the inspection without fouling the equipment. The piston travel indicators. consistent with the existing record preamble to the original final rule FRA and the Task Force believe that requirements related to Class I brake discusses alternative design approaches the brake system and mechanical tests. FRA believes that these additional using some type of piston travel components on bi-level and other low- inspection requirements will ensure the indicator or piston cylinder pressure slung passenger equipment can be safety and proper operation of the brake indicator on equipment whose design adequately inspected through the daily system on equipment which does not makes it impossible to meet this brake and mechanical inspections permit actual visual observation of the requirement. See 64 FR 25612 (May 12, currently required in the Federal brake actuation and release without 1999). FRA’s intent was that this piston regulations; provided, appropriate blue fouling the vehicle. travel indicator could be a device signal protections are established for the FRA received one suggestion from similar to the definition of ‘‘actuator’’ personnel required to perform such APTA regarding the identification of contained in § 238.5 or some sort of inspections. These daily inspections cars that will be covered by the piston cylinder pressure indicator. The permit a visual inspection of a large provisions added in these sections. rule text and related preamble make percentage of the brake and mechanical APTA wanted to make clear that the clear that the actuation and release of components and over a period of a few railroad and car manufacturer would the brake (or a direct indication of such) days all portions of the brake system make an initial determination regarding be able to be observed without an and mechanical components will be the applicability of the requirements inspector going on, under, or between visually observed. However, because the contained in this section and that FRA the equipment. FRA does not believe necessary design of some new would oversee these determinations for that truck pressure indicators (which equipment makes the daily inspections accuracy. FRA agrees with this position provide no information on piston travel of the equipment more difficult, does as the railroad and car manufacturer are or piston cylinder pressure) meet this not permit visual observation of the in the best position to make an initial requirement. FRA recognized that the brake actuation and release from outside determination. FRA will exercise its envisioned ‘‘indicators’’ discussed in the plane of the vehicle, and because no oversight when conducting sample car the preamble to § 238.231(b) may be reliable mechanical device is currently inspections as well as its regular ahead of the technological curve for available to provide a direct indication inspection activity. FRA notes that the passenger equipment currently being of such, FRA and the Task Force additional inspection requirements delivered and that which may be believed it was necessary to adopt would be applicable to new cars delivered in the future. Thus, FRA additional inspection protocols for this constructed similar to the low-slung bi- noted its willingness to discuss type of equipment. Thus, the NPRM level passenger coaches that were the additional inspection protocols in lieu proposed an additional inspection subject of MBTA’s waiver request of applying piston travel indicators on regiment for newer equipment designed discussed above. such equipment. in such a manner. During the development of the NPRM, The requirements proposed in the D. Safety Appliances the Task Force discussed the issue in NPRM that were related to this type of Several issues regarding the detail as a number of railroads were in equipment were similar to those attachment of safety appliances on the process of receiving new equipment, contained in a FRA Safety Board letter passenger equipment have arisen over such as bi-level coaches and other low- dated October 19, 2004, granting that the last decade. These issues generally slung equipment, the design of which portion of the Massachusetts Bay involve the method by which safety does not allow observation of the brake Transportation Authority’s (MBTA) appliances on existing passenger actuation and release of the brake waiver petition seeking relief from the equipment are required to be attached,

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either directly to the car or locomotive Generally, FRA’s longstanding 49 CFR Part 211. See Docket Numbers body or by use of a bracket or support. interpretation of the regulation FRA–2000–8588 and FRA–2000–8044. It has come to FRA’s attention, due to prohibiting the welding of safety In an effort to fully develop the issues the investigation of these issues, that a appliances has not been seriously relating to the welding of safety significant number of existing passenger questioned or opposed since its appliances on existing passenger cars and locomotives contain some inception. Virtually all freight railcars equipment, FRA conducted an informal safety appliances that are attached to the manufactured for use in the United safety inquiry and subsequently equipment by some form of welding, States and passenger cars manufactured submitted the issue to RSAC in this typically the welding of a bracket or in the United States have their safety proceeding. On June 17, 2003, an plate to which the safety appliance is appliances and their safety appliance informal safety inquiry was held in then mechanically fastened. In the last brackets and supports mechanically Washington, DC, where all interested two decades, manufacturers of certain fastened to the car body, unless a parties were permitted to express their passenger equipment have used welding specific exception has been provided by concerns relating to FRA’s longstanding on some of the safety appliance FRA or the regulations. FRA interpretation prohibiting welded of arrangements of newly built equipment. acknowledges that it has permitted safety appliance arrangements. Some segments of the passenger limited welding of certain safety Representatives from APTA, AAR, industry believe welding of these appliances or their brackets and consultants, manufacturers, and union arrangements is acceptable and have supports on locomotives and tanks cars. representatives gave presentations or sought a review of FRA’s historical See MP&E Technical Bulletins 98–48 provided comments expressing their prohibition on the welding of safety and 00–06 (June 15, 1998 and August 7, points of interests or concerns. FRA also appliance arrangements. These parties 2000, respectively). These exceptions referred the issue to the RSAC process believe that new and improved welding were provided because there were no in this proceeding, which in turn technology, the implementation of new other alternative methods available for assigned the issue to the mechanical tracking standards, proper quality mechanically fastening these safety Task Force, to aid in developing and control, and historical documentation appliance arrangements. determining if there is a practical support the limited use of welding on Currently, freight railroad equipment application where welding may be certain safety appliance arrangements. complies with the existing regulations suitable and to consider methods by and FRA’s interpretation of those which FRA could revise or clarify its Historically, FRA has required that provisions. Traditionally, FRA has not position for future guidance and safety appliances be mechanically permitted welding of safety appliance regulatory standards. Although the Task fastened to the car structure. FRA has arrangements on freight equipment. In Force engaged in productive discussions also historically required that any addition, the AAR does not permit the and developed considerable information brackets or supports applied to a car welding of safety appliance relating to the issue, the Task Force structure solely for the purpose of arrangements. FRA continues to believe could not reach a consensus on any securing a safety appliance must be that, except in limited circumstances, recommendation. Consequently, on mechanically fastened to the car body. the safety appliances on freight October 27, 2004, FRA withdrew the See MP&E Technical Bulletin 98–14 equipment should not be attached with task related to the consideration of (June 15, 1998). FRA’s prohibition on welding under any condition. This is handling the attachment of safety the weldment of safety appliances and primarily due to the extreme differences appliances on passenger equipment their supports is based on its in use and inspection between from the RSAC and decided to proceed longstanding administrative passenger and freight equipment. See 70 with the development of a regulatory interpretation of the regulatory ‘‘manner FR 73076. Thus, FRA does not intend to proposal unilaterally. of application’’ provisions contained in permit welded safety appliances or their At the safety inquiry and the 49 CFR part 231 which require that attachment in that segment of the discussions within the Task Force, safety appliances be ‘‘securely fastened’’ industry. Consequently, FRA is limiting ATPA and its primary members all with a specified mechanical fastener. any relief being provided in this final indicated that FRA needs to provide See e.g., 49 CFR §§ 231.12(c)(4); rule to safety appliance arrangements on clarity and guidance to the industry 231.13(b)(4); 231.14(b)(4) and (f)(4)). passenger equipment. relating to passenger car safety FRA’s historical prohibition on the Although FRA has remained appliance arrangements, particularly in welding of safety appliances is based on consistent in its prohibition on the the area of attaching brackets and its belief that welds are not uniform, are weldment of safety appliances and their supports. FRA considered issues subject to failure, and are very difficult supports, a significant amount of ranging from the initial manufacturing to inspect to determine if the weld is passenger equipment has been stage to the actual expected life cycle of broken or cracked. Mechanical manufactured and used in revenue a weld and the environment in which fasteners, by contrast, are generally service for a number of years with safety the equipment operates. FRA easier to inspect and tend to become appliances being attached to the car acknowledges that freight and passenger noticeably loose prior to failure. FRA body using some form of welding. operations involve significantly notes that many of its historical beliefs Currently, FRA is aware of different environments from a safety related to the welded attachment of approximately 3,000 passenger cars or appliance standpoint, and likely safety appliance brackets and supports locomotives that have safety appliances justifies an allowance for welded safety on passenger equipment are based on or safety appliance brackets or supports appliance brackets and supports and in welding technologies that were in their welded to the body of the equipment. other instances where the design of a infancy when first being utilized. In Some units of this equipment were vehicle necessitates such use. In most addition, many of FRA’s concerns in introduced into service within the last cases, passenger equipment is inspected this area are mitigated when appropriate few years; others have been in service on a more regular basis, generally used welding standards covering quality for more than a decade. Some of the in captive type service, and experiences control, initial manufacture, repair, and 3,000 units noted above have been the far less coupling and uncoupling welder qualifications are established subject of formal waiver requests associated with switching moves and implemented. pursuant to the provisions contained in inherent in freight operations. FRA also

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recognizes that it would be extremely well as the qualifications and training of Based on consideration of these costly to the passenger industry to the individuals responsible for comments as well as previous require existing equipment to be inspecting and welding such information provided to FRA, the final retrofitted with new safety appliances appliances. rule is modifying some of the provisions when the existing welded attachments APTA’s comments focused almost proposed in the NPRM related to the have not shown a proclivity for failure exclusively on the proposed provisions attachment of safety appliances on at this time. related to the welding of safety passenger equipment. The final rule Based on the information and views appliance brackets and supports. In retains many of the provisions proposed provided at both the informal safety response to questions asked in the in the NPRM but is being expanded to inquiry and through the RSAC, FRA NPRM, APTA provided detailed adopt APTA’s recommendations for proposed provisions in the NPRM to specifications for use by FRA for determining when a welded safety clarify FRA’s existing interpretations of determining when a welded safety appliance bracket or support will be the safety appliance regulations and to appliance bracket or support could be considered part of the car body and the provide the passenger rail industry considered part of the car’s body. These definition of a defective weld. FRA some latitude for existing passenger specifications included the strength, believes that welding technologies have equipment with welded safety size, attachment, design criteria, and improved significantly over the last appliance brackets or supports in lieu of quality control procedures that any several decades. In addition, passenger retrofitting nearly one-third of the fleet. welded attachment would be required to operations provide a unique The NPRM proposed a detailed meet. APTA comments fully discussed environment suitable to the use of inspection and repair program for the implications and basis for its welding as a means of attachment in existing passenger equipment with recommended specifications. APTA certain situations. Moreover, FRA welded safety appliances or welded seeks to have these welding believes that APTA has provided a safety appliance brackets or supports. specifications applied to both new and viable and enforceable specification for The NPRM also sought comments and existing equipment. APTA also sought ensuring that welded safety appliance information from interested parties on a to have the definition of what brackets and supports are securely, variety of questions and concerns constitutes a defective weld clarified. safely, and reliably attached to the relating to both the proposed provisions APTA asserts that only a crack in a weld equipment on which it is placed. Volpe and the general use of welding as a should be considered a defect and that reviewed the welding specifications at means of attaching safety appliance anomalies in welds should not be FRA’s request and confirmed that safety brackets and supports. See 70 FR 73077. considered. APTA contends that, if an appliance brackets or supports welded The NPRM indicated FRA’s willingness anomaly is significant, it will eventually to the car body in accordance with the to consider certain welded safety lead to a crack in the weld. standards recommended by APTA APTA again noted that it believes appliance brackets and supports to be would be at least as secure and reliable both FRA and BRC are operating under part of a car’s body if viable and as a bracket or support attached with a two serious misconceptions relating to enforceable specifications could be mechanical fastener. FRA further welding. The first is that the failure developed that would ensure the safe believes that BRC’s concerns are mode of welds used to attach a safety and reliable attachment of such brackets addressed by the final rule provisions appliance and their related brackets or and supports. because the final rule will only consider FRA received comments from two supports is difficult to detect. APTA welded safety appliance brackets or parties regarding the proposed asserts that failure of these welds is rare supports to be part of the car body if provisions and in response to the and even if there is a failure it will start stringent and verifiable standards are questions presented. BRC submitted with a small crack that grows very comments requesting that FRA continue slowly. In the unlikely event that a utilized when making the welded its prohibition on welding of safety crack were to even develop, it would connection. In addition, the final rule appliances and require that safety take months or years for failure of the will allow existing equipment with appliances be mechanically fastened. weld to occur. These cracks would be welded brackets or supports to continue BRC indicated that this approach would easy to detect with the visual in service only if it is inspected and be consistent with FRA’s historical inspections performed on safety repaired in accordance with the strict application of the regulations. BRC appliances by railroads on a daily basis. inspection and repair provisions stated that it was not convinced that The second misconception is that weld contained in the rule. Consequently, welding was an effective manner of will have a higher failure rate toward FRA is including APTA’s recommended securement due to vibration and flex the end of the life cycle of a piece of specifications related to welded safety occurring on equipment while in transit. equipment. APTA asserts that older appliance brackets and supports in this BRC provided several historical welds do not fail at any higher rate than final rule with slight modification for examples of instances when FRA took newer welds. The endurance limits clarity and enforceability. exception to certain welded safety designed into these welds are so high The final rule also retains the appliances. FRA notes that the examples that the welds will not fatigue over time proposed provisions providing the cited by BRC involved either instances regardless of number of stress cycles industry with the ability to develop of direct welding of the safety that occur. Because of this, there is no standards relating to the safety appliances to a car body, welding of data available to FRA that show a higher appliance arrangements on new cars of safety appliances on freight equipment, failure rate due to the age of the weld. special construction. FRA did not or welding not conducted in accordance APTA also stressed that it was not receive any comments on the proposed with any acceptable welding standard. advocating welding a safety appliance provisions and is retaining them in this BRC requested that if any change were directly to a car body except in the final rule without change. Throughout made to the existing welding limited circumstances identified in the the Railroad Safety Appliance prohibition that they only be considered NPRM when the design of the Standards, currently contained in 49 after the initiation and implementation equipment makes it impossible to CFR part 231; specifically, § 231.12— of strict safety procedures covering the mechanically fasten the safety Passenger-train cars with wide inspection, and repair of such welds as appliance. vestibules; § 231.13—Passenger-train

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cars with open-end platforms; identified in the Federal regulations that As passenger train consists are much § 231.14—Passenger-train cars without ensures the construction of suitable shorter and do not possess the tonnage end platforms; and § 231.23— safety appliance arrangements in associated with freight trains, the final Unidirectional passenger-train cars compliance with 49 CFR part 231. FRA rule modifies the provisions contained adaptable to van-type semi-trailer use, believes the final rule will reduce or in 49 CFR part 232 to make them more there may be inconsistencies and/or eliminate reliance upon criteria for cars readily applicable to passenger opportunities for clarification in the of special construction, will improve operations. The requirements contained construction of newly built passenger communication of safety appliance in this final rule are consistent with and equipment. Many times, it is necessary requirements to the industry, and will based directly on current passenger to reference two or more sections of 49 facilitate regulatory compliance where industry practice. Thus, in FRA’s view, CFR part 231 to determine if a newly clarification or guidance is necessary. they will have no economic or constructed passenger vehicle meets the Portions of the final rule relating to operational impact on passenger minimum requirements of the Federal new passenger equipment are already operations but will ensure that these regulations. However, criteria for most progressing. By letter dated September best practices currently adopted by the of today’s new types of passenger car 2, 2005, FRA requested APTA to industry are followed and complied construction are found within 49 CFR determine if it is feasible to form a with by making them part of the Federal 231.18—Cars of special construction. group to specifically develop potential regulations. This results from the fact that modern safety appliance standards for newly The final rule requires that technology in construction of car- manufactured passenger equipment and unattended equipment be secured by building often does not lend itself to provide guidance where existing applying a sufficient number of hand or ready application of the current 49 CFR Federal regulations are not specific to parking brakes to hold the equipment 231 requirements. Rather, the designer the design of a passenger car or and will require railroads to develop must adapt several different locomotive. On October 11, 2005, APTA and implement a process or procedure requirements to meet as closely as informed FRA that it is willing to to verify that the applied hand or possible construction of specific safety undertake this effort and began parking brakes will hold the equipment. appliance arrangements in order to conducting meetings in early 2006. FRA The final rule also prohibits a practice obtain compliance. believes this approach provides an known as ‘‘bottling the air’’ in a Most passenger cars today are excellent avenue to take advantage of standing cut of cars. The practice of constructed outside the United States, the knowledge and expertise possessed ‘‘bottling the air’’ occurs when a train and this has exacerbated the problem of by rail operators and equipment crew sets out cars from a train with the varying interpretations of regulations manufactures when considering safety air brakes applied and the angle cocks and resulting safety appliance appliance arrangements on new on both ends of the train closed, thus arrangements. At times, different passenger equipment of unique design. trapping the existing compressed air requirements are applied to cars of Under the provisions retained in this and conserving the brake pipe pressure similar design where both could have final rule, the standards and guidance in the cut of cars they intend to leave been constructed in the same manner. developed by this group will need to be behind. This practice has the potential Substantial resources are spent on a submitted to and approved by FRA of causing, first, an unintentional regular basis by all parties concerned in pursuant to the special approval release of the brakes on these cars and, review sessions to determine if a car is provisions contained at § 238.21. ultimately, a runaway. A full discussion in compliance prior to construction; and of the hazards related to this practice is E. Securement of Unattended even when the cars are delivered, contained in the preamble to the final Equipment problems have arisen. rule related to freight power brakes. See In an attempt to limit these problems, The NPRM proposed various 66 FR 4156–57. Virtually all railroads the final rule contains a method by provisions related to the securement of currently prohibit this practice in their which the industry may request unattended equipment. FRA did not operating rules. approval of safety appliance receive any comments on the proposed The final rule also mandates a arrangements on new equipment provisions other than APTA’s minimum number of hand or parking considered to be cars of special concurrence that the proposal brakes that must be applied on an construction under 49 CFR part 231. appropriately captures existing practices unattended locomotive consist or train. The final rule will permit the industry of passenger railroads. Thus, this final Due to the relatively short length and to develop standards to address many of rule retains the proposed provisions low tonnage associated with passenger the new types of passenger equipment without change. FRA believes that the trains, FRA does not believe that the introduced into service. The final rule rational for addressing these issues on more stringent provisions contained in requires any such standards, and freight operations is equally applicable § 232.103(n)(3) are necessary in a supporting documentation to be to passenger operations. The preamble passenger train context. Thus, the final submitted to FRA for agency approval to the final rule related to 49 CFR part rule only requires that at least one hand pursuant to the special approval process 232 contains an in-depth discussion of or parking brake be applied in these already contained in the regulation. The the need to address these issues. See 66 circumstances; however, the number of final rule makes clear that any approved FR 4156–4158 (January 17, 2001). The applied hand or parking brakes will standard will be enforceable against any approach proposed in the NPRM and vary depending on the process or person who violates or causes the retained in this final rule is also procedures developed and implemented violation of the approved standards and consistent with the guidance contained by each covered railroad. In addition, that the penalty schedule contained in in FRA Safety Advisory 97–1. See 62 FR the final rule requires railroads to Appendix A to 49 CFR part 231 will be 49046 (September 15, 1997). Further, develop and implement procedures for used as guidance in assessing any FRA is aware of several incidents on securing locomotives not equipped with applicable civil penalty. The goal of the passenger and commuter operation a hand or parking brake and instructions regulation is to develop consistent involving the running away or for securing any locomotive left safety appliance standards for each new inadvertent movement of unattended unattended. As noted previously, FRA type of passenger car not currently equipment. is not aware of any railroad which does

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not already have the required as ‘‘a multiple unit operated electric that test personnel are adequately procedures or processes in place. Thus, locomotive * * * (2) without propelling shielded when conducting the testing. FRA believes that these requirements motors but with one or more control The manufacturers have been will impose no burden on passenger stands.’’ This portion of the MU performing pneumatic testing on operations covered by 49 CFR part 238. locomotive definition is identical to the reservoirs for years and FRA is not In addition to addressing specific definition of ‘‘control cab locomotive.’’ aware of any injury related to such issues relating to securing unattended In an effort to add clarity and to testing in manufacturer-controlled equipment, the final rule also definitively distinguish a MU facilities. Thus, the safety concerns incorporates and adopts the industry’s locomotive from a control cab originally attached to pneumatic testing best practices related to the inspection locomotive, the final rule adds some have been minimized, if not eliminated, and testing of hand and parking brakes. limiting language to the definition of when conducted at properly equipped The final rule requires that the hand or what constitutes a MU locomotive. manufacturer facilities. parking on other than MU locomotives Historically, FRA has only considered a In addition to the safety benefits be inspected no less frequently than locomotive without propelling motors to related to pneumatic testing, FRA every 368 days and that a record (either be a MU locomotive if it has the ability recognizes that all passenger car main stencil, blue card, or electronic) be to pick-up primary power from a third reservoirs are pneumatically tested after maintained and provided to FRA upon rail or a pantograph. Consequently, the fabrication and before the application of request. The final rule also requires the final rule adds this language to the an interior protective coating. This application and release of the hand or existing definition of MU locomotive to process is utilized so that reservoirs may parking brake at each periodic make it consistent with FRA’s historical be repaired if the reservoir does not pass mechanical inspection of passenger cars enforcement and interpretation of the the initial the test requirements. If the and unpowered vehicles under regulation. interior protective coating were to be § 238.307 and requires a complete Section 229.31 Main Reservoir Tests applied prior to testing, any weld inspection of these components every repairs could not be performed, as the 368 days, with a record being The final rule retains the proposed interior coating would be damaged. maintained of this annual inspection. amendments to paragraphs (a) and (c) of Thus, in recognition of current industry The inspection and testing intervals as this section to provide the practice and in an effort to provide well as the stenciling and record manufacturers of main reservoirs the compliance options that are beneficial keeping requirements retained in the option to test main reservoirs from a safety perspective, the final rule final rule are consistent with the current pneumatically rather than will to permit the manufacturers of practices in the industry and will hydrostatically as currently mandated. main reservoirs to utilize pneumatic impose no additional burden on the Other than APTA’s comments testing to meet the requirements industry. supporting the provisions, FRA received contained in paragraphs (a) and (c) of no comments on the proposed this section. FRA believes that this V. Section-by-Section Analysis amendments. The modifications will flexibility increases both the safety and permit a main reservoir to receive a Amendments to 49 CFR Part 229 efficiency of testing newly pneumatic test before it is originally manufactured main reservoirs and Section 229.5 Definitions placed in service or before an existing reservoirs that are newly drilled and The final rule is retaining the main reservoir is placed back in service tested at a manufacturer’s facility. proposed technical clarification to the after being drilled. As discussed in It should be noted that the final rule definition of ‘‘MU locomotive’’ detail in Section B of the Technical limits the ability to conduct pneumatic contained in this section. FRA did not Background portion of this document, testing of the main reservoirs to only receive any comments on this proposed the ASME code currently utilized by all those facilities with appropriate modification. Thus, FRA is retaining the manufacturers of main reservoirs allows safeguards in place to ensure the safety modification in this final rule without for the pneumatic testing of the of the personnel conducting the testing. change. Section 229.5 contains a reservoirs when the introduction of number of definitions that define liquid cannot be tolerated. The After a reservoir is installed on a different types of locomotives covered introduction of water to perform locomotive, FRA believes that by the various provisions contained in hydrostatic testing on main reservoirs hydrostatic testing would be the only part 229. These include the general creates a problem because if the liquid testing method that adequately ensures definition of ‘‘locomotive’’ as well as is not completely removed and the the safety and protection of the various types of locomotives including: reservoir interior completely dried, the personnel that are performing the test or ‘‘control cab locomotive,’’ ‘‘DMU moisture results in poor adhesion or a working near the installed reservoir. In locomotive,’’ and ‘‘MU locomotive.’’ lower coating of film than required. This order to make this intent clear, Representatives of various railroads and condition has the potential of causing paragraph (c) contains language that equipment manufacturers have interior corrosion and premature failure plainly states that pneumatic testing of expressed concern over these of the reservoir. a reservoir currently in use and newly definitions, contending that they were The rationale for originally requiring drilled may only be conducted by a confusing and contained some overlap that the main reservoirs be tested manufacturer of main reservoirs in a making it difficult to determine which hydrostatically was based on the safety suitably safe environment. In other category a particular locomotive fell concerns should a main reservoir circumstances, a hydrostatic test of the within. catastrophically fail during the testing. reservoir must be conducted. The definition of ‘‘MU locomotive’’ The likelihood of injury is minimized Section 229.47 Emergency Brake Valve was recently reissued in its full length by having the reservoir filled with a when the final rule on Locomotive liquid rather than air. However, since Section 229.137 Sanitation, General Event Recorders was published on June the original drafting of the locomotive Requirements 30, 2005. See 70 FR 37939. regulations, manufacturers of reservoirs The final rule is retaining the Subparagraph (2) of the current have implemented and developed both proposed technical clarification to definition identifies an MU locomotive equipment and procedures to ensure paragraph (b) of § 229.47 and paragraph

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(b)(1)(iv) of § 229.137. FRA did not brake system component to which the safety appliance brackets or supports. receive any comments on these term has traditionally been attached and FRA adopted these provisions proposed clarifications and is retaining which is what the term refers to in the unilaterally and did not seek a them in this final rule without change. definition of ‘‘piston travel.’’ In recommendation or concurrence from FRA is making these clarifications in addition, the final rule is adding a new RSAC. These issues are discussed above order to ensure that these sections are term to part 238 to describe the device in the Technical Background section of consistent with the new definition of originally defined as an ‘‘actuator.’’ the preamble to the final rule and in the ‘‘DMU locomotive.’’ The recently Therefore, the final rule adds the term preamble to the NPRM. See 70 FR published final rule on Locomotive ‘‘piston travel indicator’’ to describe a 73075–78. As FRA sees no benefit in Event Recorders added the definition of device directly activated by the reproducing the entire discussion here, ‘‘DMU locomotive’’ to 49 CFR part 229. movement of the brake cylinder piston, interested parties should refer to those See 70 FR 37920 (June 30, 2005). This the disc actuator, or the tread brake unit discussions when considering the definition was added to part 229 in cylinder piston that provides an provisions contained in this section of order to specifically identify diesel- indication of piston travel. The final the final rule. powered multiple unit locomotives. rule also replaces the term ‘‘actuator’’ in Based on consideration of the These types of locomotives are just § 238.313(g)(3) with the term ‘‘piston information provided by the RSAC starting to be used by a small number travel indicator.’’ Working Group when developing the of passenger railroads and FRA wants to Section 238.17 Movement of Passenger NPRM as well as the comments be sure that they are adequately Equipment With Other Than Power submitted in response to the NPRM, the addressed by the safety standards Brake Defects final rule is modifying some of the contained in part 229. As these types of provisions proposed in the NPRM locomotives are fairly unique, they do The final rule retains the proposed conforming change in paragraph (b) of related to the attachment of safety not fit cleanly within the regulations as appliances on passenger equipment. they pertain to traditional locomotives this section to acknowledge the flexibility being provided The final rule retains many of the and MU locomotives. In some instances provisions proposed in the NPRM but is they are treated as traditional § 238.303(e)(17) of this final rule relating to inoperative or ineffective air being expanded to adopt APTA’s locomotives and in others they are recommendations for determining when treated as MU locomotives. In an effort compressors on MU passenger equipment. As discussed in detail above a welded safety appliance bracket or to clarify the applicability of various support will be considered part of the provisions contained in part 229, FRA is in the Technical Background portion of the preamble and in the section-by- car body. FRA believes that welding amending §§ 229.47 and 229.137 to technologies have improved specifically state that DMU locomotives section discussion related to § 238.303 below, the final rule permits certain MU significantly over the last several are covered by these provisions. These decades. In addition, passenger clarifications are consistent with FRA’s passenger equipment with inoperative or ineffective air compressors to operations provide a unique historical application of the regulations environment suitable to the use of to DMU locomotives. continue to be used in passenger service until the next exterior calendar day welding as a means of attachment in Amendments to 49 CFR Part 238 mechanical inspection. certain situations. Moreover, FRA believes that APTA has provided a Section 238.5 Definitions Section 238.21 Special approval viable and enforceable specification for The final rule retains the proposed procedures ensuring that welded safety appliance clarifying amendments to the The final rule retains the proposed brackets and supports are securely, definitions section contained in part 238 conforming changes to paragraphs (a) safely, and reliably attached to the by revising the definition of ‘‘actuator’’ and (c) of this section to recognize the equipment on which it is placed. Volpe currently contained in regulation and by requirements relating to safety reviewed APTA’s welding adding a new definition for ‘‘piston appliances on both existing and new specifications, at FRA’s request, and travel indicator.’’ FRA did not receive passenger equipment contained in confirmed that safety appliance brackets any comments in response to the §§ 238.229 and 238.230 of this final or supports welded to the car body in proposed amendments and is retaining rule. These conforming changes accordance with the standards them in this final rule without change. recognize the provisions of those recommended by APTA would be at The term ‘‘actuator’’ used by FRA in the sections that require a railroad to obtain least as secure and reliable as a bracket Passenger Equipment Safety Standards FRA approval of welded safety or support attached with a mechanical final rule is a term that many members appliance attachment or of an industry- fastener. FRA further believes that of the passenger industry associate and wide standard relating to safety BRC’s concerns are addressed by the use to identify a specific self-contained appliance arrangements on new final rule provisions because the final brake system component that typically passenger equipment of unique design. rule will only consider welded safety consists of a cylinder, piston, and piston appliance brackets or supports to be part rod. FRA was not intending to identify Section 238.229 Safety appliances— of the car body if stringent and this brake system component when it general verifiable standards are utilized when included the term in § 238.313(g)(3) of In this section, FRA is incorporating making the welded connection. In the original regulation. FRA also notes and clarifying its long-standing addition, the final rule will allow that the term actuator is used in the administrative interpretations regarding existing equipment with welded definition of ‘‘piston travel’’ in this the attachment of safety appliances and brackets or supports to continue in section to refer to the brake system safety appliance brackets and supports. service only if it is inspected and component described above. FRA is also requiring an inspection repaired in accordance with the strict In order to prevent and limit any program for permitting existing inspection and repair provisions confusion on the part of the regulated passenger equipment to remain in contained in the rule. Consequently, community, the final rule modifies the service in lieu of requiring retro-fitting FRA is including APTA’s recommended definition of ‘‘actuator’’ to describe the of the equipment to eliminate welded specifications related to welded safety

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appliance brackets and supports in this identified, inspected, and handled for appliance and a safety appliance bracket final rule with slight modification for repair in accordance with the provisions or support is to be considered defective. clarity and enforceability. contained in paragraphs (e) through (k) This paragraph has been slightly Paragraphs (a) and (b) of this section of this section. FRA believes the modified from that proposed in the contain FRA’s long-standing identification and inspection plan NPRM. In its comments, APTA administrative interpretations required in this final rule will ensure recommended that a weld only be prohibiting the use of welding as a the safe operation of equipment considered defective if it contained a means of attaching or repairing either a currently in service. crack. APTA asserted that including any safety appliance or a safety appliance The final rule also expands this anomaly affecting the strength of the bracket or support. Paragraph (a) makes paragraph to provide an exception for weld would result in subjective clear that all passenger equipment welded safety appliance brackets or application of the rule and would continues to be subject to the statutory supports that are determined to meet the require inspectors to be specially provisions contained in 49 U.S.C. requirements for being considered part trained to identify such anomalies. chapter 203 as well as the regulatory of the car body contained in Moreover, APTA asserts that any failure provisions contained in 49 CFR part § 238.230(b)(1) of this final rule. This of a weld would begin with a small 231. Paragraph (b) incorporates FRA’s paragraph exempts the safety appliance crack that would grow very slowly. In long-standing administrative brackets and supports from any further the unlikely event that a crack were to interpretations regarding the welding of periodic inspections if it is determined even develop, it would take months or safety appliances and their supports. during the initial inspection that they years for failure of the weld to occur and This paragraph makes clear that safety are part of the car body, do not contain such cracks would be easy to detect appliances and their brackets or a defect, and are identified to FRA in with the visual inspections performed supports are to be mechanically writing. FRA wishes to make clear that on safety appliances by railroads on a fastened to the car body and specifically all existing equipment with welded daily basis. FRA agrees with APTA’s states that welding as a method of safety appliance brackets or supports assertions. Thus, the final rule amends attachment is generally prohibited. This must be given an initial inspection the proposed provision by limiting the paragraph also explains that FRA pursuant to paragraphs (g) through (i) of definition of a weld defect to being a permits the welding of a brace or this section and must be handled for crack or fracture of any discernible stiffener used in connection with remedial action pursuant to paragraph length or width. FRA believes this mechanically fastened safety appliance (j) of this section. Thus, safety appliance approach is consistent with existing and provides a definition of what brackets and supports determined to be welding technology, ensures consistent constitutes a ‘‘brace’’ or ‘‘stiffener’’ in part of the car body and meeting the application of the regulation, and will these arrangements. other restrictions contained in this avoid excessive training of inspectors by Paragraph (c) contains specific paragraph are only excepted from the limiting their inspection criteria. This exceptions to FRA’s general prohibition future 6-year periodic inspections paragraph also requires that any repairs related to welded safety appliances and provided for in paragraph (g)(1) of this made to a defective weld must be made welded safety appliance brackets and section. in accordance with the inspection plans supports for passenger equipment Paragraph (c)(2) of this final rule is and remedial action provisions placed in service prior to January 1, modified from that proposed in the contained in paragraph (g) and (j) of this 2007. The final rule reorganizes this NPRM to apply only to existing section. paragraph from that proposed in the passenger equipment with safety NPRM in order to provide clarity and to appliances directly welded to the Paragraphs (e) and (f) retain the prevent any misunderstanding. This equipment. As noted above, FRA proposed provisions relating to a paragraph only addresses welded safety believes that this makes the rule easier railroad’s identification of all existing appliances on existing passenger to understand. Provisions related to new passenger equipment that contains a equipment (i.e., equipment placed in passenger equipment with safety welded safety appliance bracket or service prior to January 1, 2007). appliances directly welded to the support. FRA did not receive any Provisions related to welded safety equipment are contained in comment directly related to these appliances on new passenger equipment § 238.230(b)(2) of this final rule. This provisions in response to the NPRM and (i.e., equipment placed in service on or paragraph acknowledges the fact that in is retaining them without change in this after January 1, 2007) are contained in some instances, due to the design of a final rule. Paragraph (e) requires the § 238.230 of this final rule. FRA believes vehicle, safety appliances are required listing to be submitted to FRA by no that the segregation of these two types to be directly attached to a piece of later than December 31, 2006, and of vehicles provides a better equipment by welding. Other than this permits railroads to update the list if understanding of the provisions related clarifying change, the provision is they identify equipment after that date. to each and allows them to be handled identical to that proposed in the NPRM. These paragraphs permit railroads to differently. This paragraph requires railroads to exclude certain safety appliances from Paragraph (c)(1) retains the proposed identify each piece of existing passenger the inspection provisions provided the exception for passenger equipment equipment outfitted with a safety railroad fully explains the basis for any placed in service prior to January 1, appliance welded directly to the vehicle such exclusion. FRA envisions such 2007, equipped with a safety appliance and requires that any such safety exclusions to be limited to situations that is mechanically fastened to a appliances be inspected and handled in where inspection of the weld is bracket or support that is welded to the accordance with the inspection and impossible or in situations where the vehicle. Rather than require the repair provisions contained in size and quality of a weld are such to retrofitting of existing equipment that paragraphs (g) through (k). FRA notes make inspection unnecessary (i.e., currently contain safety appliance that only the specifically identified where the bracket or support is a brackets or supports that are attached to safety appliances will be required to be structural member of the car). Paragraph the equipment by welding, FRA will so inspected and handled. (f) makes clear that FRA reserves the permit the equipment to remain in Paragraph (d) contains standards to right to disapprove any exclusion service provided that the equipment is clarify when a weld on a safety proffered by a railroad by providing

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written notification to the railroad of to one of the specifically identified would incorporate APTA’s revised any such decision. welding certification standards. standards at that time. Federal law Paragraphs (g) through (j) contain the FRA expects that most railroads will requires that a publication incorporated inspection and repair criteria for any utilize a qualified maintenance person by reference be identified by its title, equipment identified with a welded (QMP) to conduct the inspections, as date, edition, author, publisher, and safety appliance or welded safety they are the individuals recognized to identification number, this final rule appliance bracket or support. These conduct most of the other brake and incorporates the most current APTA paragraphs contain provisions mechanical inspections required under standard only. See 1 CFR 51.9(b)(2). concerning when visual inspections of part 238. FRA notes that a QMP would In instances where the defective the involved safety appliances would be be required to receive at least four hours condition is due to inadequate design, required to be performed and address of training specific to weld defect such as unanticipated stresses or loads the qualifications of the individuals identification and weld inspection during service, the final rule requires required to perform the inspections as procedures to be deemed qualified to that the safety appliance be well as the procedures to be utilized perform the required periodic mechanically attached, if possible, and when performing the inspections. FRA inspections. FRA did not receive any requires railroads to develop a plan for considered various methods for comments suggesting that more training submission to FRA detailing a schedule inspecting the welds on the involved of QMP’s would be necessary and is for mechanically fastening the safety equipment including various types of retaining the four hour training appliances of safety appliance brackets non-destructive testing on smaller requirement in this final rule. or supports on all cars in that series of numbers of the involved welds. Paragraph (j) contains remedial cars. The final rule retains these strict However, FRA continues to believe that actions that are required to be utilized provisions because where inadequate periodic visual inspections of all the in situations where a welded safety design causes failure of the safety appliance or safety appliance bracket or identified welds is the most effective appliances it is an indication that there support is found defective either during and cost-efficient method of ensuring is likely a systemic problem for all cars the periodic visual inspections or while the proper condition of the attachments. similarly constructed. Paragraph (h) identifies a number of otherwise in service. FRA did not different types of individuals that could receive any comments specifically Paragraph (k) retains the proposed be utilized by a railroad to perform the related to the provisions contain in this requirement related to maintaining required visual inspections of welded section in response to the NPRM and is records of both the inspections and any safety appliances and welded safety retaining them without change in this repairs made to welded safety appliance brackets and supports. FRA final rule. This paragraph makes clear appliances or welded safety appliance believes that these inspectors must be that unless the defect is known to be the brackets or supports. FRA did not properly trained and qualified to result of crash damage, the railroad receive any comments related to these identify defective weld conditions. must conduct a failure and engineering provisions in response to the NPRM and Rather than limit a railroad’s ability to analysis to determine the cause of the is retaining them in this final rule utilize a number of its available defective condition. The remedial action without change. These records will not personnel, FRA has attempted to list a provisions permit a defective welded only aid FRA’s enforcement of the final number of different types of persons safety appliance or safety appliance rule provisions but will also provide that would have the ability to conduct bracket or support to be reattached to a invaluable information regarding the the required visual inspections based on vehicle by either mechanical fastening longevity and integrity of welded railroad provided training or due to or welding if the defective condition is appliances and brackets or supports. being certified under an accepted due to crash damage or improper The records required in this paragraph existing industry, national or construction. Any welded repair would may be maintained in any format international welding standard. This be required to be conducted in (written, electronic, etc.), but must be paragraph has been slightly modified accordance with APTA’s Standard for made available to FRA upon request. from that proposed in the NPRM in Passenger Rail Vehicle Structural Section 238.230 Safety Appliances— order to remain consistent with this Repair, SS–C&S–020–03 (September New Equipment approach. The final rule recognizes that 2003). there are a number of existing national In conformance with Office of This section contains requirements and international welding standards Management and Budget (OMB) Revised related to safety appliances on under which a person may be certified Circular A–119 (February 10, 1998), passenger equipment placed into service and that these standards may be FRA is using a voluntary national after January 1, 2007. This section modified on a regular basis. Thus, rather standard in this paragraph of the final reiterates FRA’s long-standing than attempting to incorporate these rule. FRA’s use of a standard established prohibition on welding of safety existing standards into the regulation, by APTA is a means of establishing appliance brackets or supports. the final rule identifies many of the technical requirements without Paragraph (b) incorporates FRA’s long- currently existing standards and makes increasing the volume of the Code of standing administrative interpretations clear that a more revised version of the Federal Regulations. See 1 CFR part 51. regarding the welding of safety identified standard is acceptable In this final rule, FRA has incorporated appliances and their supports. This provided it is equivalent to the standard the most current version of the APTA paragraph makes clear that safety it updates. The final rule also standard, however FRA understands appliances and their brackets or acknowledges that there may be other that over time, APTA may revisit this supports are to be mechanically nationally or internationally recognized standard and may update it. In such fastened to the car body and specifically welding standards that would be instances, FRA may approve the use of states that welding as a method of equivalent to those specifically a more recent standard via the special attachment is generally prohibited identified and makes clear that approval procedures contained in except as specifically provided in this certification under these other § 238.21. FRA also intends to regularly section. Paragraphs (b)(1) through (b)(3) unspecified standards would be update the rule, most likely through the contain the specific exceptions to FRA acceptable provided they are equivalent use of technical amendments, and general prohibition on welded safety

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appliances and their brackets or this section acknowledge that there may bracket or support considered part of supports. be instances where the design of a the car body is to be conducted in Paragraph (b)(1) contains the criteria vehicle makes it impracticable to accordance with APTA Standard SS– for determining when a safety appliance mechanically attach a safety appliance C&S–020–03 that is incorporated by bracket or support will be considered or a safety appliance bracket or support reference in § 238.229. part of the car body and thus, obviating and necessitates the need to weld the Paragraph (d) retains the proposed the need to mechanically fasten the safety appliance or the bracket or requirements that would permit the bracket or support to the body of the support. These paragraphs are identical submission of industry-wide safety piece of equipment. As discussed above, to those proposed in the NPRM but have appliance arrangement standards to FRA carefully considered suggestions been reorganized for clarity. FRA did FRA for its approval. FRA did not that would allow limited use of welding not receive any comments on these receive any specific comments on these to attach safety appliances brackets and specific provisions and is retaining provisions in response to the NPRM and supports on new passenger equipment. them in this final rule. FRA intends to is retaining them in this final rule FRA believes that welding technologies make clear that the flexibility to utilize without change. As discussed in detail have improved significantly over the welding in these applications will be in the Section D of the Technical last several decades. In addition, narrowly construed and will only be Background portion of the preamble, the passenger operations provide a unique permitted in instances where a clear Railroad Safety Appliance Standards environment suitable to the use of nexus between the equipment design currently contained in 49 CFR part 231 welding as a means of attachment in and the need to weld a safety appliance address a very limited number of certain situations. Moreover, FRA or a safety appliance bracket or support different types of passenger equipment. believes that APTA has provided a exists. The criteria for most of today’s new viable and enforceable specification for These paragraphs require a railroad to types of passenger car construction are ensuring that welded safety appliance identify any such equipment prior to found within 49 CFR 231.18—Cars of brackets and supports are securely, placing it in service and requires the special construction. This results from safely, and reliably attached to the railroad to clearly describe the necessity the fact that modern technology in equipment on which it is placed. Volpe to weld the safety appliance or the construction of car-building often does reviewed APTA’s welding bracket or support. In the case of a not lend itself to ready application of specifications, at FRA’s request, and welded safety appliance bracket or the existing 49 CFR part 231 confirmed that safety appliance brackets support not considered to be part of the requirements. Rather, the designer must or supports welded to the car body in car body, the railroad must receive adapt several different requirements to accordance with the standards FRA’s approval prior to placing the meet as closely as possible construction recommended by APTA would be at equipment in service and must describe of specific safety appliance least as secure and reliable as a bracket the industry standard followed when arrangements in order to obtain or support attached with a mechanical making such an attachment. In the case compliance. Most passenger cars today fastener. FRA further believes that of a safety appliance welded directly to are constructed outside the United BRC’s concerns are addressed by the the vehicle, the railroads must provide States, and this has exacerbated the final rule provisions because the final a detailed rationale explaining how the problem of varying interpretations of rule will only consider welded safety design of the vehicle or placement of the regulations and resulting safety appliance brackets or supports to be part safety appliance requires the direct appliance arrangements. At times, of the car body if the stringent and welding of the appliance to the different requirements are applied to verifiable standards contained in this equipment prior to placing the cars of similar design where both could paragraph are followed when making equipment in service. Paragraph (b)(2) have been constructed in the same the welded connection. Consequently, and (b)(3) make clear that any new manner. Substantial resources are spent FRA is including APTA’s recommended equipment containing a welded safety on a regular basis by all parties specifications related to welded safety or a welded safety appliance bracket or concerned in review sessions to appliance brackets and supports in this support not considered part of the car determine if a car is in compliance prior paragraph with slight modification for body are required to be inspected and to construction; and even when the cars clarity and enforceability. handled in accordance with the are delivered, problems have arisen. Paragraph (b)(1) contains specific provisions contained in § 238.229(g) In attempt to limit these problems, criteria that must be met in order for a through (k). paragraph (d) provides a process by safety appliance bracket or support to be Paragraph (c) is a new paragraph which the industry may request considered part of the car body. These being added to this final rule to make approval of safety appliance include such things as: The surface to clear that a welded safety appliance or arrangements on new equipment which the bracket or support is welded; a welded safety appliance bracket or considered to be cars of special the surface area of the weld; the type support will be considered defective if construction under 49 CFR part 231. and size of the weld; the welding any portion of the weld is considered This paragraph will permit the industry process that must be utilized; and the defective pursuant to § 238.229(d) of to develop standards to address many of qualifications of the individual this part. FRA intends to make clear that the new types of passenger equipment performing the weld. This paragraph any welded safety appliance bracket or introduced into service. The final rule also requires that any such bracket or support, even if considered part of the will require these standards, and support be inspected by a qualified car body, is covered by this provision. supporting documentation to be person prior to being placed in service. This paragraph also makes clear that submitted to FRA for FRA approval This inspection may be conducted by defective welds on safety appliances pursuant to the special approval process either the manufacturer or the railroad; and safety appliance brackets and already contained in § 238.21 of this provided, a record of the inspection is supports will be assessed under the regulation. This paragraph makes clear maintained and made available to FRA penalty schedule contained in 49 CFR that any approved standard will be upon request. part 231, Appendix A. This paragraph enforceable against any person who In an effort to remain realistic and further requires that any repair violates or causes the violation of the practical, paragraphs (b)(2) and (b)(3) of conducted to a welded safety appliance approved standard and that the penalty

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schedule contained in Appendix A to 49 outside the plane of the equipment in visual observation of the brake actuation CFR part 231 will be used in assessing lieu of mandating the use of untested and release without fouling the vehicle. any applicable civil penalty. and potentially unreliable piston travel FRA received one suggestion from The goal of this final rule is to indicators. Because the necessary design APTA regarding the identification of develop consistent safety appliance of some new equipment makes the daily cars that will be covered by this standards for each new type of inspections of the equipment more paragraph and the additional inspection passenger car not currently identified in difficult, does not permit visual requirements contained in § 238.313(j). the Federal regulations that ensure the observation of the brake actuation and APTA wanted FRA to make clear that construction of suitable safety appliance release from outside the plane of the the railroad and car manufacturer would arrangements in compliance with 49 vehicle and because no reliable make an initial determination regarding CFR part 231. FRA believes the final mechanical device is currently available the applicability of the requirements rule will reduce or eliminate reliance to provide a direct indication of such, contained in this paragraph and that upon criteria for cars of special the NPRM proposed additional FRA would oversee these construction, will improve inspection protocols for this type of determinations for accuracy. FRA agrees communication of safety appliance equipment. FRA did not receive any with this position as the railroad and car requirements to the industry, and will comments directly related to the manufacturer are in the best position to facilitate regulatory compliance where proposed inspection protocols or the make an initial determination. FRA will clarification or guidance is necessary. proposed approach to this issue. exercise its oversight when conducting sample car inspections as well as its Section 238.231 Brake system However, FRA is amending the proposed language to accurately capture regular inspection activity. FRA notes Paragraph (b) retains the proposed the intent of the provision. Thus, this that the additional inspection provision relating to the design of final rule language clearly identifies the requirements would be applicable to passenger equipment placed in service design requirement that is to be met new cars constructed similar to the low- for the first time on or after September when practicable and details equipment slung bi-level passenger coaches that 9, 2002. The final rule slightly amends and inspection requirements for were the subject of MBTA’s waiver the language of this provision for equipment not meeting the general request discussed above. purposes of clarity and consistency. The design requirement. The clarifying Paragraph (h) of the final rule retains final rule also retains the proposed changes made in this final rule are the proposed provisions related to the additional inspection criteria for such consistent with the intent of the inspection of locomotive hand or equipment if it is not designed to permit provision as originally proposed. parking brakes as well as proposed visual observation of the brake actuation provisions addressing the securement of and release from outside the plane of The inspection regiment referenced in unattended equipment. Other than the equipment. A full discussion of the paragraph (b) will be applicable to APTA’s brief statement in support of the development of these provisions is equipment placed in service on or after provisions, FRA did not receive any provided in Section C of the Technical September 9, 2002, the design of which comments on these proposed provisions Background portion of this document does not permit actual visual and is retaining them in this final rule and need not be reiterated here. The observation of the brake actuation and without change. The final rule modifies plain language of paragraph (b), as release. The requirements related to this existing paragraph (h)(3) to require that issued in the 1999 Passenger Equipment type of equipment are similar to those the hand or parking brake on other than Safety Standards final rule, required contained in a FRA Safety Board letter MU locomotives be inspected no less new equipment to be designed to allow dated October 19, 2004, granting that frequently that every 368 days and that direct observation of the brake actuation portion of the Massachusetts Bay a record (either stencil, blue card, or and release without fouling the Transportation Authority’s (MBTA) electronic) be maintained and provided equipment. The preamble to that final waiver petition seeking relief from the to FRA upon request. Similar provisions rule discusses alternative design requirements of § 238.231(b) for 28 were previously contained in § 232.10, approaches using some type of piston Kawasaki bi-level coaches. See Docket prior to part 232’s revision in January of travel indicator or piston cylinder Number FRA–2004–18063. The final 2001. However, FRA inadvertently pressure indicator on equipment whose rule requires such equipment to be failed to include hand brake inspection design makes it impossible to meet this equipped with either piston travel provisions in its original issuance of the requirement. See 64 FR 25612 (May 12, indicators or brake indicators as defined Passenger Equipment Safety Standards. 1999). in § 238.5. The equipment will also be The inspection and testing intervals as Subsequent to the issuance of the required to receive a periodic brake well as the stenciling and record 1999 final rule, FRA recognized that the inspection by a QMP at intervals not to keeping requirements contained in envisioned ‘‘indicators’’ discussed in exceed five in-service days and the paragraph (b)(3) are consistent with the the preamble of the final rule were inspection will have to be performed current industry practices and will ahead of the technological curve for while the equipment is over an impose no additional burden on the passenger equipment currently being inspection pit or on a raised track. In industry. delivered and that which may be addition, the railroad performing the The final rule also retains the delivered in the future. Thus, FRA inspection will be required to maintain proposed addition of a new paragraph noted its willingness to the RSAC and a record of the inspection consistent (h)(4) that contains specific the Task Force to consider alternatives with the existing record requirements requirements related to the securement to requiring piston travel indicators on related to Class I brake tests. The of unattended equipment. A detailed such equipment. FRA and the members specific inspection criteria are discussed discussion regarding the development of of the Task Force believed that the best in more detail in the section-by-section these provisions is contained in Section approach to the issue was to provide analysis related to § 238.313. FRA E of the Technical Background portion additional inspection protocols for new believes that these additional inspection of the preamble. FRA believes that the equipment designed in a manner that requirements will ensure the safety and rational for addressing these issues on makes observation of the actuation and proper operation of the brake system on freight operations is equally applicable release of the brakes impossible from equipment which does not permit actual to passenger operations. The preamble

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to the final rule related to 49 CFR part simultaneously applied. This change. A full discussion regarding the 232 contains an in-depth discussion of arrangement is utilized to limit the development of these proposed the need to address these issues. See 66 thermal input that may occur if the provisions is contained in Section A of FR 4156–58 (January 17, 2001). The forces from the service brake application the Technical Background portion of the approach contained in this final rule is and parking brake application are preamble. also consistent with the guidance applied simultaneously. When the train MU passenger locomotives are contained in FRA Safety Advisory 97– is left unattended, the operator would generally operated as married pairs but 1. See 62 FR 49046 (September 15, ‘‘condition’’ the parking brake for in some cases they can be operated as 1997). The requirements contained in application through a cab switch push single or triple units. In the case of the this paragraph are consistent with and button or by simply deactivating the cab married pairs, each pair of MU based directly on current passenger through normal shutdown procedures. locomotives share a single air industry practice. Thus, in FRA’s view, The brake equipment is either placed in compressor. When operated in triple the provisions will have no economic or an emergency brake condition or the units, the three MU locomotives operational impact on passenger brake pipe is vented to zero pressure at generally share two air compressors and operations but will ensure that these a service reduction rate. This brake single-unit MU locomotives are best practices currently adopted by the equipment operation would result in equipped with their own air industry are followed and complied brake cylinder pressure being applied to compressor. The amount of air required with by making them part of the Federal the brake units. The brake cylinder to be produced by the air compressors regulations. pressure provides sufficient force to is based on the size of the brake pipe Paragraph (h)(4) requires that create an equivalent force to that of the and the brake cylinder reservoirs, the unattended equipment be secured by parking brake. If the equipment is not size of which are based on the applying a sufficient number of hand or left on a source of compressed air, the calculated number of brake application parking brakes to hold the equipment brake cylinder pressure may be slowly and release cycles the train will and will require railroads to develop depleted. When the brake cylinder encounter. In addition, the compressed and implement a process or procedure pressure is gradually reduced, the air produced by the air compressors is to verify that the applied hand or parking brake gradually applies so that shared within the consist by utilizing a parking brakes will hold the equipment. below a prescribed brake cylinder main reservoir equalizing pipe or, in The final rule also prohibits a practice pressure, the parking brake is fully single pipe systems, through the brake known as ‘‘bottling the air’’ in a applied. In light of the preceding pipe which is then diverted to the brake standing cut of cars. A full discussion of discussion, FRA intends to make clear cylinder supply reservoir and other air the hazards related to this practice is that a spring applied parking brake will operated devices by use of a governor contained in the preamble of the final be considered ‘‘fully applied’’ under arrangement. Therefore, a passenger rule related to freight power brakes. See paragraph (h)(4) if all steps have been train set consisting of numerous MU 66 FR 4156–57. Virtually all railroads take to permit its full application (i.e., locomotives will have multiple air prohibit this practice in their operating ‘‘conditioned to apply’’). compressors providing the train consist rules, thus FRA does not believe any In addition, paragraph (h)(4) requires with the necessary compressed air. FRA burden is being imposed on the railroads to develop and implement agrees with the determinations of the railroads by including it in this rule. procedures for securing locomotives not Task Force and the full RSAC that a loss Paragraph (h)(4) also establishes the equipped with a hand or parking brake of compressed air from a limited minimum number of hand or parking and develop, implement, and adopt number of air compressors in such a brakes that must be applied on an instructions for securing any locomotive train will not adversely effect the unattended locomotive consist or train. left unattended. As noted previously, operation of the train’s brakes or other Due to the relatively short length and FRA is not aware of any railroad which air-operated components on the train. low tonnage associated with passenger does not already have these procedures Paragraph (e)(17) permits MU train trains, FRA does not believe that the or processes in place. Thus, FRA sets with a limited number of more stringent provisions contained in believes that these requirements will not inoperative or ineffective air § 232.103(n)(3) are necessary in a impose any burden on passenger compressors to continue to be used in passenger train context. Thus, this operations covered by 49 CFR part 238. passenger service until the next exterior paragraph requires that at least one calendar day mechanical inspection hand or parking brake be fully applied Section 238.303 Exterior calendar day when found at such an inspection. This on an unattended passenger locomotive mechanical inspection of passenger paragraph requires a railroad to consist or passenger train; however, the equipment determine through data, analysis, or number of applied hand or parking Paragraph (e)(17) contains provisions actual testing the maximum number of brakes will vary depending on the requiring that air compressors, on inoperative or ineffective air process or procedures developed and passenger equipment so equipped, be in compressors that could be in an MU implemented by each covered railroad. effective and operative condition. The train set without compromising the Members of the Task Force sought provisions also provide flexibility to integrity or safety of the train set based clarification as to the meaning of the permit certain equipment found with on the size and type of train and the term ‘‘fully applied’’ as it relates to ineffective or inoperative air train’s operating profile. The railroad is certain passenger equipment equipped compressors at its exterior calendar day required to submit the maximum with parking brakes. With the mechanical inspection to continue in number of air compressors permitted to introduction of the spring applied service until its next such inspection if be inoperative or ineffective on its parking brake, the parking brake can be various conditions are met by the various trains to FRA before it can begin ‘‘conditioned to apply’’ but may not be railroad. Other than APTA’s brief operation under the provision and will fully applied. Many spring applied statement supporting these provisions, be required to retain and make available parking brake arrangements usually FRA did not receive any comments in to FRA any data or analysis relied on to incorporate an anti-compounding response to the NPRM proposing the make those determinations. feature so the service brake application provisions. Thus, this final rule retains Paragraph (e)(17) also requires a and parking brake application are not the proposed provisions without qualified maintenance person (QMP) to

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verify the safety and integrity of any testing intervals as well as the stenciling through (i) of this section and must be train operating with inoperative or and recordkeeping requirements performed by a QMP. The provisions ineffective air compressors before the contained in this paragraph are require equipment not meeting the equipment continues in passenger consistent with the current practices in design requirements contained in service. In addition, the final rule the industry and will impose no § 238.231(b)(1) to receive a periodic requires notification to the train crew of additional burden on the industry. brake inspection at intervals not to any inoperative or ineffective air exceed five in-service days and the Section 238.313 Class I brake tests compressors and requires that a record inspection must be performed while the be maintained of the defective Paragraph (g)(3) contains a equipment is over an inspection pit or condition. FRA notes that this conforming change to make this on a raised track. Any day or portion of paragraph provides FRA with the paragraph consistent with the definition a day that a piece of passenger authority to revoke a railroad’s ability to changes being made in § 238.5 relating equipment is actually used in passenger utilize the flexibility contained in this to the terms ‘‘actuator’’ and ‘‘piston service constitute an ‘‘in-service day.’’ paragraph if the railroad fails to comply travel indicator.’’ As noted previously, FRA continues to believe that five in- with the maximum limits established the final rule modifies the definition of service days is appropriate and will for continued operation of inoperative ‘‘actuator’’ to describe the brake system permit the required inspection to be air compressors or the maximum limits component to which the term has performed during weekends or on other are not supported by credible and traditionally been attached and which is days when the equipment is not being accurate data. FRA believes that the what the term refers to in the definition used. Thus, the operational and provisions contained in this paragraph of ‘‘piston travel.’’ In addition, the final economic impact of this additional will ensure the safety of passenger rule adds a new term to part 238 to inspection requirement is significantly operations while providing the railroads describe the device originally defined as minimized. The periodic inspection additional flexibility in handling an ‘‘actuator.’’ Therefore, the final rule must include all of the items and defective or inoperative equipment. adds the term ‘‘piston travel indicator’’ components identified in paragraphs to describe a device directly activated (g)(1) through (g)(15) of this section. In Section 238.307 Periodic mechanical by the movement of the brake cylinder addition, the railroad performing the inspection of passenger cars and piston, the disc actuator, or the tread periodic inspection will be required to unpowered vehicles used in passenger brake unit cylinder piston that provides maintain a record of the inspection trains an indication of piston travel. consistent with the existing record Paragraphs (c)(13) and (d) retain the Consequently, a conforming change is requirements related to Class I brake proposed requirements related to the being made in paragraph (g)(3) by tests. FRA believes that these additional periodic inspection of hand or parking replacing the term ‘‘actuator’’ with the inspection requirements will ensure the brakes on passenger cars and other term ‘‘piston travel indicator’’ in order safety and proper operation of the brake unpowered vehicles. FRA did not to add clarity to the regulatory system on equipment which does not receive any comments related to these provision. permit actual visual observation of the provisions in response to the NPRM and Paragraph (j) retains the proposed brake actuation and release without is retaining them in this final rule requirements related to the periodic fouling the vehicle. without change. As noted previously, inspection of passenger equipment FRA inadvertently failed to include any placed in service for the first time on or Section 238.321 Out-of-service credit hand brake inspection provisions in its after September 9, 2002, the design of As discussed previously, FRA did not original issuance of the Passenger which does not permit actual visual seek consensus in the RSAC process for Equipment Safety Standards. Thus, FRA observation of the brake actuation and the proposed provision related to out-of- raised the issue with the RSAC and the release as required in § 238.231(b). FRA service credit contained in the NPRM. Task Force and they recommended did not receive any comments objecting The issue was addressed on FRA’s own inclusion of various provisions to these provisions and is retaining motion in this proceeding in response to regarding the inspection of hand and them in this final rule without change. APTA’s petition for rulemaking dated parking brakes on passenger equipment. A detailed discussion related to the March 28, 2005. Other than APTA’s Paragraph (c)(13) requires that the development and need for these support of the provision, FRA did not hand or parking brake on passenger cars provisions is contained in Section C of receive any comments related to this and unpowered vehicles used in the Technical Background portion of the provision in response to the NPRM. passenger trains be applied and released preamble and in the section-by-section Thus, this final rule retains the at each periodic mechanical inspection. analysis related to paragraph (b) of provision without change. No record of this inspection would need § 238.231. As previously noted, the The provision contained in this to be prepared or retained. Based on periodic inspection requirements section is modeled directly on the ‘‘out- information provided at the Task Force contained in this paragraph are similar of-use credit’’ provision contained in and Working Group meetings, all to those contained in a FRA Safety the Locomotive Safety Standards at 49 passenger operations currently conduct Board letter dated October 19, 2004, CFR 229.33. The locomotive out-of-use this type of inspection of the hand and granting that portion of the credit has been effectively and safely parking brakes at each periodic Massachusetts Bay Transportation utilized by the railroad industry for mechanical inspection. Paragraph (d) Authority’s (MBTA) waiver petition decades. As passenger equipment is requires a complete inspection of the seeking relief from the requirements of generally captive service equipment, is hand or parking brake as well as their § 238.231(b) for 28 Kawasaki bi-level generally less mechanically complex parts and connections on passenger cars coaches. See DOT Docket Number FRA– than locomotives, and because the and unpowered vehicles no less 2004–18063. provisions for which the credit will be frequently than every 368 days. Paragraph (j) makes clear that the utilized are time-based, FRA believes it Paragraph (d) also requires that a record periodic inspection provisions for the is appropriate to permit passenger and (either stencil, blue card, or electronic) identified types of equipment are in commuter operations to receive credit be maintained and provided to FRA addition to all of the other inspection for extended periods of time when upon request. The inspection and provisions contained in paragraphs (a) equipment is not being used. The

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provision will permit railroads to prepared and placed in the docket two As FRA developed the requirements extend the dates for conducting periodic regulatory evaluations addressing the related to safety appliance arrangements mechanical inspections and periodic economic impact of this rule. Document on passenger equipment unilaterally, brake maintenance required by inspection and copying facilities are FRA believes it is appropriate to provide §§ 238.307 and 238.309 for equipment available at the Department of a separate regulatory analysis regarding that is out of service for periods of at Transportation Central Docket the economic impact of those least 30 days. The final rule will require Management Facility located in Room provisions. As the analyses indicate, railroads to maintain records of any out- PL–401 on the Plaza level of the Nassif this final rule provides an overall of-service days on the records related to Building, 400 Seventh Street, SW., economic savings to the industry due to the periodic attention. FRA does not see Washington, DC 20590. Access to the the flexibility provided for in many of a safety concern with permitting this docket may also be obtained the provisions and because many of the flexibility. In fact, the regulation already electronically through the Web site for requirements incorporate existing provides assurances that the brake the DOT Docket Management System at industry practice or provide an systems on all passenger cars and http://dms.dot.gov. Photocopies may alternative means of compliance to what unpowered vehicles are in proper also be obtained by submitting a written is presently mandated. condition after being out of service for request to the FRA Docket Clerk at The following table presents the 30 days or more by requiring that a Office of Chief Counsel, Stop 10, estimated twenty-year monetary impacts single car test pursuant to § 238.311 is Federal Railroad Administration, 1120 associated with the provisions performed on the vehicle before being Vermont Avenue, NW., Washington, DC contained in this final rule. The table placed back in service. See 49 CFR 20590; please refer to Docket No. FRA– contains the estimated costs and 238.311(e)(1). 2005–23080. benefits associated with this final rule VI. Regulatory Impact and Notices FRA conducted two separate and provides the total 20-year value as regulatory evaluations addressing the well as the 20-year net present value Executive Order 12866 and DOT economic impact of this final rule. One (NPV) for each indicated item. The Regulatory Policies and Procedures regulatory evaluation addresses the dollar amounts presented in this table This final rule has been evaluated in economic impact of the provisions have been rounded to the nearest accordance with existing policies and related to the safety appliance thousand. For exact estimates, procedures, and determined to be non- arrangements on passenger equipment. interested parties should consult the significant under both Executive Order The other analysis addresses the Regulatory Impact Analysis (RIA) that 12866 and DOT policies and procedures economic impact of all of the other has been made part of the docket in this (44 FR 11034; Feb. 26, 1979). FRA has provisions contained in this final rule. proceeding.

20-year total 20-year NPV Description ($) ($)

Costs: Periodic Brake Inspection of Low-Slung Equipment ...... 4,350,000 1,957,000 Periodic Inspection of Welded Safety Appliances ...... 1,888,000 1,178,000 Air Compressor Records ...... 250,000 132,000

Total Costs ...... 5,488,000 3,268,000

Benefits: Pneumatic Testing of Main Reservoirs ...... 5,940,000 3,147,000 Avoided Cost of Piston Travel Indicators ...... 1,790,000 890,000 Air Compressor—Equipment Utilization ...... 17,000,000 9,005,000 Avoided Cost of Safety Appliance Retrofit ...... 9,000,000 8,370,000 Out-of-Service Credit—Equipment Utilization ...... 1,020,000 542,000

Total Benefits ...... 35,510,000 21,953,000

The economic benefits to the industry brackets or supports estimated at $9 accidents that stop rail operations. FRA related to this final rule outweigh the million, FRA also believes there are believes that reducing the risk of weld economic costs by a ratio in excess of potential safety benefits to be derived failures will benefit passenger 6 to 1. FRA did not quantify the safety from the reduced risk of weld failure operations. FRA notes that if just 2 or 3 benefits for most of the provisions resulting from the inspection protocols critical accidents are avoided over the contained in this final rule as many of for welded safety appliance 20-year period covered by the RIA, the the provisions are based on improved attachments. The RIA notes two final rule would be cost-justified by the manufacturing techniques, equipment accidents that were the result of failed safety benefits alone. reliability, or are the result of additional welded safety appliances and although FRA further notes that it did not regulatory flexibility. However, with FRA’s database did not contain these estimate a cost for the requirements regard to the final rule provision related accidents, there is no reason to believe related to the securement of unattended to the attachment of safety appliances that safety appliances in passenger equipment and the inspection of hand on passenger equipment, FRA did operations are immune from failure. The or parking brakes. The final rule consider the potential safety benefits lack of an accident record may be due provisions related to these issues are related to the provisions. In addition to to low risks involved in passenger merely an incorporation of current the potential avoided cost of retrofitting operations, but also weld failure industry practice. FRA is not aware of equipment containing welded safety accidents are not generally reported in any passenger or commuter railroad that appliances or welded safety appliance FRA systems that are geared more for does not already conduct the final rule

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inspections, maintain the records, or ‘‘Small entity’’ is defined in 5 U.S.C. revenue deflator adjustment (49 CFR have the procedures in place. 601 as a small business concern that is part 1201). The same dollar limit on independently owned and operated, and revenues is established to determine Regulatory Flexibility Act and Executive is not dominant in its field of operation. whether a railroad, shipper, or Order 13272 The U.S. Small Business Administration contractor is a small entity. FRA uses The Regulatory Flexibility Act (5 (SBA) has authority to regulate issues this alternative definition of ‘‘small U.S.C. 601 et seq.) and Executive Order related to small businesses, and entity’’ for this rulemaking. 13272 require a review of proposed and stipulates in its size standards that a The AISE developed in connection ‘‘small entity’’ in the railroad industry is final rules to assess their impact on with this final rule concludes that this a railroad business ‘‘line-haul final rule will not have a significant small entities. FRA has prepared and operation’’ that has fewer than 1,500 economic impact on a substantial placed in the docket an Analysis of employees and a ‘‘switching and number of small entities. Thus, FRA Impact on Small Entities (AISE) that terminal’’ establishment with fewer than certifies that this final rule is not assesses the small entity impact of this 500 employees. SBA’s ‘‘size standards’’ expected to have a significant economic final rule. Document inspection and may be altered by Federal agencies, in impact on a substantial number of small copying facilities are available at the consultation with SBA and in entities under the Regulatory Flexibility Department of Transportation Central conjunction with public comment. Act or Executive Order 13272. Docket Management Facility located in Pursuant to that authority FRA has Room PL–401 on the Plaza level of the published a final statement of agency Paperwork Reduction Act Nassif Building, 400 Seventh Street, policy that formally establishes ‘‘small The information collection SW., Washington, DC 20590. Docket entities’’ as being railroads that meet the requirements in this final rule have been material is also available for inspection line-haulage revenue requirements of a submitted for approval to the Office of on the Internet at http://dms.dot.gov. Class III railroad. See 68 FR 24891 (May Management and Budget (OMB) for Photocopies may also be obtained by 9, 2003). Currently, the revenue review and approval in accordance with submitting a written request to the FRA requirements are $20 million or less in the Paperwork Reduction Act of 1995 Docket Clerk at Office of Chief Counsel, annual operating revenue. The $20 (44 U.S.C. 3501 et seq.). The sections Stop 10, Federal Railroad million limit is based on the Surface that contain the new information Administration, 1120 Vermont Avenue, Transportation Board’s threshold of a collection requirements and the NW., Washington, DC 20590; please Class III railroad carrier, which is estimated time to fulfill each refer to Docket No. FRA–2005–23080. adjusted by applying the railroad requirement are as follows:

Total annual CFR section Respondent Total annual Average time per Total annual burden cost universe responses response burden hours ($)

216.14—Special notice for repairs— 22 railroads ...... 9 forms ...... 5 minutes ...... 1 hour ...... $40 passenger equipment. 229.47—Emergency Brake Value— 22 railroads ...... 30 markings ...... 1 minute ...... 1 hour ...... 34 Marking Brake Pipe Valve as such. —DMU, MU, Control Cab Loco- 22 railroads ...... 5 markings ...... 1 minute ...... 08 hour ...... 3 motives—Marking Emergency Brake Valve as such. 238.7—Waivers ...... 22 railroads ...... 5 waivers ...... 2 hours ...... 10 hours ...... 400 238.15—Movement of passenger equip- 22 railroads ...... 1,000 cards/tags ... 3 minutes ...... 50 hours ...... 2,500 ment with power brake defects, and. —Movement of passenger equip- 22 railroads ...... 288 cards/tags ...... 3 minutes ...... 14 hours ...... 700 ment that becomes defective en route. —Conditional requirement—Notifi- 22 railroads ...... 144 notices ...... 3 minutes ...... 7 hours ...... 350 cations. 238.17—Limitations on movement of 22 railroads ...... 200 cards/tags ...... 3 minutes ...... 10 hours ...... 340 passenger equipment containing de- fects found at calendar day inspec- tion and on movement of passenger equipment that develops defects en route. —Special requisites for movement 22 railroads ...... 76 tags ...... 3 minutes ...... 4 hours ...... 136 of passenger equipment with safety appliance defects. —Crew member notifications ...... 22 railroads ...... 38 notifications ...... 30 seconds ...... 32 hour ...... 11 238.21—Petitions for special approval 22 railroads ...... 1 petition ...... 16 hours ...... 16 hours ...... 640 of alternative standards. —Petitions for special approval of 22 railroads ...... 1 petition ...... 120 hours ...... 120 hours ...... 4,800 alternative compliance. —Petitions for special approval of 22 railroads ...... 2 petitions ...... 40 hours ...... 80 hours ...... 3,200 pre-revenue service acceptance testing plan. —Comments on petitions ...... Public/RR Industry 4 comments ...... 1 hour ...... 4 hours ...... 280 238.103—Fire Safety —Procuring new passenger equip- 5 equipment manuf 4 equip. designs ... 300 hours ...... 1,200 hours ...... 120,800 ment. —Subsequent orders ...... 5 equipment manuf 4 equip. designs ... 45 hours ...... 180 hours ...... 21,600

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Total annual CFR section Respondent Total annual Average time per Total annual burden cost universe responses response burden hours ($)

—Existing equipment—fire safety 5 manuf./22 rail- 5 analyses ...... 30 hours ...... 150 hours ...... 18,000 analysis. roads. —Transferring passenger cars/lo- 22 railroads/AAR ... 1 analysis ...... 20 hours ...... 20 hours ...... 2,400 comotives. 238.107—Inspection/testing/mainte- 22 railroads ...... 7 reviews ...... 60 hours ...... 420 hours ...... 16,800 nance plans—Review by railroads. 238.109—Employee/contractor training 22 railroads ...... 2 notifications ...... 15 minutes ...... 1 hour ...... 40 —Training employees: Mechanical 7,500 employees .. 2,500 indiv/100 1.33 hours ...... 3,458 hours ...... 117,572 Insp. trainers. —Recordkeeping ...... 22 railroads ...... 2,500 records ...... 3 minutes ...... 125 hours ...... 5,000 238.111—Pre-revenue service accept- 9 equipment manuf 2 plans ...... 16 hours ...... 32 hours ...... 1,760 ance testing plan: Passenger equip- ment that has previously been used in service in the U.S. Passenger equipment that has not been 9 equipment manuf 2 plans ...... 192 hours ...... 384 hours ...... 38,400 previously used in service in the U.S. Subsequent Order ...... 9 equipment manuf 2 plans ...... 60 hours ...... 120 hours ...... 9,600 238.229—Safety Appliances (New 22 railroads ...... 22 lists ...... 1 hour ...... 22 hours ...... 880 Rqmnts). —Welded safety appliances con- sidered defective: lists —Lists Identifying Equip. w/Welded 22 railroads ...... 22 lists ...... 60 minutes ...... 22 hours ...... 880 Saf. App. —Defective Welded Saf. Appli- 22 railroads ...... 4 tags ...... 3 minutes ...... 20 hr ...... 7 ance—Tags. —Notification to Crewmembers 22 railroads ...... 2 notifications ...... 1 minute ...... 0333 hr ...... 1 about Non-Compliant Equipment. —Inspection plans ...... 22 railroads ...... 22 plans ...... 16 hours ...... 352 hours ...... 19,360 —Inspection Personnel—Training .. 22 railroads ...... 44 employees ...... 4 hours ...... 176 hours ...... 7,040 238.230—Safety Appliances—New Equipment (New Requirement) —Inspection Record of Welded 22 railroads ...... 100 records ...... 6 minutes ...... 10 hours ...... 340 Equipment by Qualified Em- ployee. —Welded safety appliances: Docu- 22 railroads ...... 15 documents ...... 4 hours ...... 60 hours ...... 2,400 mentation for equipment impractically designed to me- chanically fasten safety appli- ances support. 238.231—Brake System (New Require- ment) —Inspection and repair of hand/ 22 railroads ...... 2,500 forms ...... 21 minutes ...... 875 hours ...... 29,750 parking brake: Records. —Procedures Verifying Hold of 22 railroads ...... 22 procedures ...... 2 hours ...... 44 hours ...... 3,080 Hand/Parking Brakes. 238.237—Automated monitoring —Documentation for alerter/ 22 railroads ...... 3 documents ...... 2 hours ...... 6 hours ...... 240 deadman control timing. —Defective alerter/deadman con- 22 railroads ...... 25 tags ...... 3 minutes ...... 1 hour ...... 50 trol: Tagging. 238.303—Exterior calendar day me- 22 railroads ...... 25 notices ...... 1 minute ...... 1 hour ...... 50 chanical inspection of passenger equipment: Notice of previous inspec- tion. —Dynamic brakes not in operating 22 railroads ...... 50 tags/cards ...... 3 minutes ...... 3 hours ...... 150 mode: Tag. —Conventional locomotives 22 railroads ...... 50 tags/cards ...... 3 minutes ...... 3 hours ...... 150 equipped with inoperative dy- namic brakes: Tagging (New Re- quirements). —MU passenger equipment found 22 railroads ...... 4 documents ...... 2 hours ...... 8 hours ...... 560 with inoperative/ineffective air compressors at exterior calendar day inspection: Documents. —Written notice to train crew about 22 railroads ...... 100 messages or 3 minutes ...... 5 hours ...... 170 inoperative/ineffective air com- notices. pressors. —Records of inoperative air com- 22 railroads ...... 100 records ...... 2 minutes ...... 3 hours ...... 102 pressors. —Record of exterior calendar day 22 railroads ...... 2,376,920 records 10 minutes + 1 435,769 hours ...... 15,053,836 mechanical inspection (Old Re- minute. quirement).

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Total annual CFR section Respondent Total annual Average time per Total annual burden cost universe responses response burden hours ($)

238.305—Interior calendar day me- chanical inspection of passenger cars —Tagging of defective end/side 22 railroads ...... 540 tags ...... 1 minute ...... 9 hours ...... 306 doors. —Records of interior calendar day 22 railroads ...... 1,968,980 records 5 minutes + 1 196,898 hours ...... 6,891,428 inspection. minute. 238.307—Periodic mechanical inspec- tion of passenger cars and unpowered vehicles —Alternative inspection intervals: 22 railroads ...... 2 notifications ...... 5 hours ...... 10 hours ...... 400 Notice. —Notice of seats/seat attachments 22 railroads ...... 200 notices ...... 2 minutes ...... 7 hours ...... 280 broken or loose. —Records of each periodic me- 22 railroads ...... 19,284 records ...... 200 hrs. + 2 min- 3,857,443 hours .... 131,156,920 chanical inspection. utes. —Detailed documentation of reli- 22 railroads ...... 3 documents ...... 100 hours ...... 300 hours ...... 12,000 ability assessments as basis for alternative inspection interval. 238.311—Single car test —Tagging to indicate need for sin- 22 railroads ...... 25 tags ...... 3 minutes ...... 1 hour ...... 34 gle car test. 238.313—Class I Brake Test —Record for additional inspection 22 railroads ...... 15,600 records ...... 30 minutes ...... 7,800 hours ...... 265,200 for passenger equipment that does not comply with § 238.231(b)(1) (New Require- ment). 238.315—Class IA brake test —Notice to train crew that test has 22 railroads ...... 18,250 verbal no- 5 seconds ...... 25 hours ...... 850 been performed. tices. —Communicating signal: tested 22 railroads ...... 365,000 tests ...... 15 seconds ...... 1,521 hours ...... 60,840 and two-way radio system. 238.317—Class II brake test —Communicating signal: tested 22 railroads ...... 365,000 tests ...... 15 seconds ...... 1,521 hours ...... 60,840 and two-way radio system. 238.321—Out-of-service credit (New Requirement) —Passenger Car: Out-of-use nota- 22 railroads ...... 1,250 notations ..... 2 minutes ...... 42 hours ...... 1,428 tion. 238.445—Automated Monitoring —Performance monitoring: alerters/ 1 railroad ...... 10,000 alerts ...... 10 seconds ...... 28 hours ...... 0 alarms. —Monitoring system: Self-test fea- 1 railroad ...... 21,900 notifications 20 seconds ...... 122 hours ...... 0 ture: Notifications. 238.503—Inspection, testing, and main- tenance requirements 238.505—Program approval procedures —Submission of program ...... 1 railroad ...... 1 program ...... 1,200 hours ...... 1,200 hours ...... 84,000 —Comments on programs ...... Rail Industry ...... 3 comments ...... 3 hours ...... 9 hours ...... 360

All estimates include the time for the collection of information control number, when assigned, will be reviewing instructions; searching requirements contained in this final rule announced by separate notice in the existing data sources; gathering or between 30 and 60 days after Federal Register. maintaining the needed data; and publication of this document in the Federalism Implications reviewing the information. For Federal Register. Therefore, a comment information or a copy of the paperwork to OMB is best assured of having its full Executive Order 13132, ‘‘Federalism’’ package submitted to OMB, contact effect if OMB receives it within 30 days (64 FR 43255, Aug. 10, 1999), requires Robert Brogan at 202–493–6292 or via e- of publication. FRA to develop an accountable process mail at the following address: FRA is not authorized to impose a to ensure ‘‘meaningful and timely input [email protected]. penalty on persons for violating by State and local officials in the Organizations and individuals information collection requirements development of regulatory policies that desiring to submit comments on the which do not display a current OMB have federalism implications.’’ ‘‘Policies collection of information requirements control number, if required. FRA that have federalism implications’’ are should direct them to the Office of intends to obtain current OMB control defined in the Executive Order to Management and Budget, 725 17th St., numbers for any new information include regulations that have NW., Washington, DC 20590; Attention: collection requirements resulting from ‘‘substantial direct effects on the States, FRA OMB Desk Officer. OMB is this rulemaking action prior to the on the relationship between the national required to make a decision concerning effective date of the final rule. The OMB government and the States, or on the

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distribution of power and recommendations to the FRA (Pub. L. 104–4, 2 U.S.C. 1531), each responsibilities among the various Administrator for solutions to regulatory Federal agency ‘‘shall, unless otherwise levels of government.’’ Under Executive issues that reflect significant input from prohibited by law, assess the effects of Order 13132, the agency may not issue its State members. To date, FRA has Federal regulatory actions on State, a regulation with Federalism received no indication of concerns local, and tribal governments, and the implications that imposes substantial about the Federalism implications of private sector (other than to the extent direct compliance costs and that is not this rulemaking from these that such regulations incorporate required by statute, unless the Federal representatives or of any other requirements specifically set forth in government provides the funds representatives of State government. law).’’ Section 202 of the Act (2 U.S.C. necessary to pay the direct compliance Consequently, FRA concludes that this 1532) further requires that ‘‘before costs incurred by State and local final rule has no federalism promulgating any general notice of governments, the agency consults with implications, other than the preemption proposed rulemaking that is likely to State and local governments, or the of state laws covering the subject matter result in the promulgation of any rule agency consults with State and local of this final rule, which occurs by that includes any Federal mandate that government officials early in the process operation of law under 49 U.S.C. 20106 may result in expenditure by State, of developing the proposed regulation. whenever FRA issues a rule or order. local, and tribal governments, in the Where a regulation has Federalism Elements of the final rule dealing with aggregate, or by the private sector, of implications and preempts State law, safety appliances affect an area of safety $120,700,000 or more (adjusted the agency seeks to consult with State that has been pervasively regulated at annually for inflation) in any 1 year, and and local officials in the process of the Federal level for over a century. before promulgating any final rule for developing the regulation. Accordingly, the final rule amendments which a general notice of proposed This final rule has preemptive effect. in that area will involve no impacts on rulemaking was published, the agency Subject to a limited exception for Federal relationships. shall prepare a written statement’’ essentially local safety hazards, its Environmental Impact detailing the effect on State, local, and requirements will establish a uniform tribal governments and the private Federal safety standard that must be FRA has evaluated this final rule in sector. The final rule will not result in met, and state requirements covering the accordance with its ‘‘Procedures for the expenditure, in the aggregate, of same subject are displaced, whether Considering Environmental Impacts’’ $120,700,000 or more in any one year, those standards are in the form of state (FRA’s Procedures) (64 FR 28545, May and thus preparation of such a statutes, regulations, local ordinances, 26, 1999) as required by the National statement is not required. or other forms of state law, including Environmental Policy Act (42 U.S.C. state common law. Section 20106 of 4321 et seq.), other environmental Energy Impact Title 49 of the United States Code statutes, Executive Orders, and related Executive Order 13211 requires provides that all regulations prescribed regulatory requirements. FRA has Federal agencies to prepare a Statement by the Secretary related to railroad determined that this final rule not a of Energy Effects for any ‘‘significant safety preempt any State law, major FRA action (requiring the energy action.’’ 66 FR 28355 ( May 22, regulation, or order covering the same preparation of an environmental impact 2001). Under the Executive Order, a subject matter, except a provision statement or environmental assessment) ‘‘significant energy action’’ is defined as necessary to eliminate or reduce an because it is categorically excluded from any action by an agency (normally essentially local safety hazard that is not detailed environmental review pursuant published in the Federal Register) that incompatible with a Federal law, to section 4(c)(20) of FRA’s Procedures. promulgates or is expected to lead to the regulation, or order and that does not See 64 FR 28547, May 26, 1999. Section promulgation of a final rule or unreasonably burden interstate 4(c)(20) reads as follows: regulation, including notices of inquiry, commerce. This is consistent with past (c) Actions categorically excluded. Certain advance notices of proposed practice at FRA, and within the classes of FRA actions have been determined rulemaking, and notices of proposed Department of Transportation. to be categorically excluded from the rulemaking: (1)(i) That is a significant FRA has analyzed this final rule in requirements of these Procedures as they do regulatory action under Executive Order accordance with the principles and not individually or cumulatively have a 12866 or any successor order, and (ii) is criteria contained in Executive Order significant effect on the human environment. likely to have a significant adverse effect * * * The following classes of FRA actions 13132. This final rule will not have a are categorically excluded: * * * on the supply, distribution, or use of substantial effect on the States, on the (20) Promulgation of railroad safety rules energy; or (2) that is designated by the relationship between the national and policy statements that do not result in Administrator of the Office of government and the States, or on the significantly increased emissions or air or Information and Regulatory Affairs as a distribution of power and water pollutants or noise or increased traffic significant energy action. FRA has responsibilities among various levels of congestion in any mode of transportation. evaluated this final rule in accordance government. This final rule will not In accordance with section 4(c) and with Executive Order 13211. FRA has have federalism implications that (e) of FRA’s Procedures, the agency has determined that this final rule is not impose any direct compliance costs on further concluded that no extraordinary likely to have a significant adverse effect State and local governments. circumstances exist with respect to this on the supply, distribution, or use of FRA notes that the RSAC, which regulation that might trigger the need for energy. Consequently, FRA has endorsed and recommended the a more detailed environmental review. determined that this regulatory action is majority of this rule, has as permanent As a result, FRA finds that this final rule not a ‘‘significant energy action’’ within members two organizations representing is not a major Federal action the meaning of Executive Order 13211. State and local interests: AASHTO and significantly affecting the quality of the Privacy Act the Association of State Rail Safety human environment. Managers (ASRSM). Both of these State FRA wishes to inform all potential organizations concurred with the RSAC Unfunded Mandates Reform Act of 1995 commenters that anyone is able to recommendation endorsing this rule. Pursuant to Section 201 of the search the electronic form of all The RSAC regularly provides Unfunded Mandates Reform Act of 1995 comments received into any agency

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docket by the name of the individual Except as provided in paragraph (c) of crew member in the passenger submitting the comment (or signing the this section, at intervals that do not compartment or vestibule. The words comment, if submitted on behalf of an exceed 736 calendar days, each main ‘‘Emergency Brake Valve’’ shall be association, business, labor union, etc.). reservoir other than an aluminum legibly stenciled or marked near each You may review DOT’s complete reservoir shall be subjected to a valve or shall be shown on an adjacent Privacy Act Statement in the Federal hydrostatic pressure of at least 25 badge plate. Register published on April 11, 2000 percent more than the maximum * * * * * (Volume 65, Number 70; Pages 19477– working pressure fixed by the chief I 5. Section 229.137 is amended by 78) or you may visit http://dms.dot.gov. mechanical officer. The test date, place, revising paragraph (b)(1)(vi) to read as and pressure shall be recorded on Form List of Subjects follows: FRA F 6180–49A, and the person 49 CFR Part 229 performing the test and that person’s § 229.137 Sanitation, general requirements. Locomotives, Main reservoirs, supervisor shall sign the form. Penalties, Railroads, Railroad safety, (b) * * * * * * * * (c) Each welded main reservoir Reporting and recordkeeping (b) * * * originally constructed to withstand at requirements. (1) * * * least five times the maximum working (vi) Except as provided in § 229.14 of 49 CFR Part 238 pressure fixed by the chief mechanical this part, DMU, MU, and control cab Incorporation by reference, Passenger officer may be drilled over its entire locomotives designed for passenger equipment, Penalties, Railroad safety, surface with telltale holes that are three- occupancy and used in intercity push- Reporting and recordkeeping sixteenths of an inch in diameter. The pull service that are not equipped with requirements, Safety appliances. holes shall be spaced not more than 12 sanitation facilities, where employees inches apart, measured both have ready access to railroad-provided Adoption of the Amendments longitudinally and circumferentially, sanitation in other passenger cars on the I For the reasons discussed in the and drilled from the outer surface to an train at frequent intervals during the preamble, FRA is amending parts 229 extreme depth determined by the course of their work shift. and 238 of chapter II, subtitle B of Title formula— * * * * * 49, Code of Federal Regulations, as D = (.6PR/S–0.6P) PART 238—[AMENDED] follows: Where: D = extreme depth of telltale holes in inches I PART 229—[AMENDED] 6. The authority citation for part 238 but in no case less than one-sixteenth continues to read as follows: I 1. The authority citation for part 229 inch; P = certified working pressure in pounds per Authority: 49 U.S.C. 20103, 20107, 20133, continues to read as follows: square inch; 20141, 20302–20303, 20306, 20701–20702, Authority: 49 U.S.C. 20102–03, 20107, S = one-fifth of the minimum specified 21301–21302, 21304; 28 U.S.C. 2461, note; 20133, 20137–38, 20143, 20701–03, 21301– tensile strength of the material in pounds and 49 CFR 1.49. 02, 21304; 28 U.S.C. 2401, note; and 49 CFR per square inch; and I 1.49(c), (m). R = inside radius of the reservoir in inches. 7. Section 238.5 is amended by revising the definition of ‘‘actuator’’ and I 2. Section 229.5 is amended by One row of holes shall be drilled adding a definition of ‘‘piston travel revising the definition of ‘‘MU lengthwise of the reservoir on a line indicator’’ to read as follows: locomotive’’ to read as follows: intersecting the drain opening. A reservoir so drilled does not have to § 238.5 Definitions. § 229.5 Definitions. meet the requirements of paragraphs (a) * * * * * * * * * * and (b) of this section, except the Actuator means a self-contained brake MU locomotive means a multiple unit requirement for a pneumatic or system component that generates the operated electric locomotive— hydrostatic test before it is placed in force to apply the brake shoe or brake (1) With one or more propelling use. Whenever any such telltale hole pad to the wheel or disc. An actuator motors designed to carry freight or shall have penetrated the interior of any typically consists of a cylinder, piston, passenger traffic or both; or reservoir, the reservoir shall be and piston rod. (2) Without propelling motors but permanently withdrawn from service. A * * * * * with one or more control stands and a reservoir now in use may be drilled in Piston Travel Indicator means a means of picking-up primary power lieu of the tests provided for by device directly activated by the such as a pantograph or third rail. paragraphs (a) and (b) of this section, movement of the brake cylinder piston, * * * * * but shall receive a hydrostatic test the disc brake actuator, or the tread I 3. Section 229.31 is amended by before it is returned to use or may brake unit cylinder piston that provides revising paragraphs (a) and (c) to read as receive a pneumatic test if conducted by an indication of the piston travel. follows: the manufacturer in an appropriately * * * * * safe environment. I § 229.31 Main reservoir tests. 8. Section 238.17 is amended by * * * * * revising paragraph (b) introductory text (a) Before it is placed in service, each I 4. Section 229.47 is amended by to read as follows: main reservoir other than an aluminum revising paragraph (b) to read as follows: reservoir shall be subjected to a § 238.17 Movement of passenger pneumatic or hydrostatic pressure of at § 229.47 Emergency brake valve. equipment with other than power brake least 25 percent more than the * * * * * defects. maximum working pressure fixed by the (b) DMU, MU, and control cab * * * * * chief mechanical officer. The test date, locomotives operated in road service (b) Limitations on movement of place, and pressure shall be recorded on shall be equipped with an emergency passenger equipment containing defects Form FRA F 6180–49A, block eighteen. brake valve that is accessible to another found at time of calendar day

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inspection. Except as provided in component or part shall not be handled in accordance with § 238.17(e) §§ 238.303(e)(15) and (e)(17), 238.305(c) necessary for the attachment of the if any part or portion of the weld and (d), and 238.307(c)(1), passenger safety appliance to the equipment and is contains a defect. Any repairs made to equipment containing a condition not in used solely to provide extra strength or such equipment shall be in accordance conformity with this part at the time of steadiness to the safety appliance. with the inspection plan required in its calendar day mechanical inspection (c) Welded Safety Appliances. (1) paragraph (g) of this section and the may be moved from that location for Passenger equipment placed in service remedial actions identified in paragraph repair if all of the following conditions prior to January 1, 2007, that is (j) of this section. A defect for the are satisfied: equipped with a safety appliance, purposes of this section means a crack * * * * * required by the ‘‘manner of application’’ or fracture of any visibly discernible provisions in part 231 of this chapter to I 9. Section 238.21 is amended by length or width. When appropriate, civil be attached by a mechanical fastener revising paragraphs (a) and (c)(2) to read penalties for improperly using or (i.e., bolts, rivets, or screws), and the as follows: hauling a piece of equipment with a safety appliance is mechanically defective welded safety appliance or § 238.21 Special approval procedures. fastened to a bracket or support that is safety appliance bracket or support (a) General. The following procedures attached to the equipment by welding addressed in this section will be govern consideration and action upon may continue to be used in service assessed as an improperly applied safety requests for special approval of provided all of the requirements in appliance pursuant to the penalty alternative standards under §§ 238.103, paragraphs (e) through (k) of this section schedule contained in Appendix A to 238.223, 238.229, 238.309, 238.311, are met. The welded safety appliance part 231 of this chapter under the 238.405, or 238.427; for approval of bracket or support only needs to receive appropriate defect code contained alternative compliance under the initial visual inspection required therein. §§ 238.201, 238.229, or 238.230; and for under paragraph (g)(1) of this section if (e) Identification of equipment. The special approval of pre-revenue service all of the following conditions are met: railroad shall submit a written list to acceptance testing plans as required by (i) The welded safety appliance FRA that identifies each piece of § 238.111. (Requests for approval of bracket or support meets all of the passenger equipment equipped with a programs for the inspection, testing, and conditions contained in § 238.230(b)(1) welded safety appliance bracket or maintenance of Tier II passenger for being considered part of the car support by January 1, 2007. Passenger equipment are governed by § 238.505.) body; equipment placed in service prior to (ii) The weld on the safety appliance * * * * * January 1, 2007, but not discovered bracket or support does not contain any until after January 1, 2007, shall be (c) * * * defect as defined in paragraph (d) of this (2) The elements prescribed in immediately added to the railroad’s section; and written list and shall be immediately §§ 238.201(b), 238.229(j)(2), and (iii) The railroad submits a written list 238.230(d); and inspected in accordance with paragraph to FRA identifying each piece of (g) through (k) of this section. The * * * * * passenger equipment equipped with a written list submitted by the railroad I 10. Section 238.229 is revised to read welded safety appliance bracket or shall contain the following: as follows: support as described in paragraph (1) The equipment number; (c)(1)(i) and (c)(1)(ii) of this section and § 238.229 Safety appliances—general. (2) The equipment type; provides a description of the specific (3) The safety appliance bracket(s) or (a) Except as provided in this part, all safety appliance bracket or support. support(s) affected; passenger equipment continues to be (2) Passenger equipment placed in (4) Any equipment and any specific subject to the safety appliance service prior to January 1, 2007, that is safety appliance bracket(s) or requirements contained in Federal equipped with a safety appliance that is supports(s) on the equipment that will statute at 49 U.S.C. chapter 203 and in directly attached to the equipment by not be subject to the inspection plan Federal regulations at part 231 of this welding (i.e., no mechanical fastening of required in paragraph (g) of this section; chapter. any kind) shall be considered defective (5) A detailed explanation for any (b) Except as provided in this part, and immediately handled for repair such exclusion recommended in FRA interprets the provisions in part pursuant to the requirements contained paragraph (e)(4) of this section; 231 of this chapter that expressly in § 238.17(e) unless the railroad meets (f) FRA’s Associate Administrator for mandate that the manner of application the following: Safety reserves the right to disapprove of a safety appliance be a bolt, rivet, or (i) The railroad submits a written list any exclusion recommended by the screw to mean that the safety appliance to FRA that identifies each piece of railroad in paragraphs (c)(2)(i) and (d)(4) and any related bracket or support used passenger equipment equipped with a of this section and will provide written to attach that safety appliance to the welded safety appliance as described in notification to the railroad of any such equipment shall be so affixed to the paragraph (c)(2) of this section and determination. equipment. Specifically, FRA prohibits provides a description of the specific (g) Inspection Plans. The railroad the use of welding as a method of safety appliance; and shall adopt and comply with and submit attachment of any such safety appliance (ii) The involved safety appliance(s) to FRA upon request a written safety or related bracket or support. A ‘‘safety on such equipment are inspected and appliance inspection plan. At a appliance bracket or support’’ means a handled pursuant to the requirements minimum, the plan shall include the component or part attached to the contained in paragraphs (g) through (k) following: equipment for the sole purpose of of this section. (1) Except as provided in paragraph securing or attaching of the safety (d) Defective welded safety appliance (c)(1) of this section, an initial visual appliance. FRA does allow the welded or welded safety appliance bracket or inspection (within 1 year of date of attachment of a brace or stiffener used support. Passenger equipment with a publication) and periodic re-inspections in connection with a mechanically welded safety appliance or a welded (at intervals not to exceed 6 years) of fastened safety appliance. In order to be safety appliance bracket or support will each welded safety appliance bracket or considered a ‘‘brace’’ or ‘‘stiffener,’’ the be considered defective and shall be support identified in paragraph (e) of

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this section. If significant disassembly of or internationally recognized welding involved safety appliance bracket or a car is necessary to visually inspect the qualification standard that is equivalent support shall be handled as follows: involved safety appliance bracket or to those identified in paragraphs (h)(2) (1) A defect in a weld due to crash support, the initial visual inspection through (h)(4) of this section. damage (i.e., impact of the safety may be conducted at the equipment’s (i) Inspection Procedures. The initial appliance by an outside force during first periodic brake equipment and periodic safety appliance service or an accident) or improper maintenance interval pursuant to inspections shall be conducted in construction (i.e., the weld did not § 238.309 occurring after January 1, accordance with the procedures and conform to the engineered design) shall 2007. criteria established in the railroad’s be reattached by either mechanically (2) Identify the personnel that will inspection plan. At a minimum, these fastening the safety appliance or the conduct the initial and periodic procedures and criteria shall include: safety appliance bracket or support to inspections and any training those (1) A complete visual inspection of the equipment or welding the safety individuals are required to receive in the entire welded surface of any safety appliance bracket or support to the accordance with the criteria contained appliance bracket or support identified equipment in a manner that is at least in paragraph (h) of this section. in paragraph (e) of this section. as strong as the original design or at (3) Identify the specific procedures (2) The visual inspection shall occur least twice the strength of a bolted and criteria for conducting the initial after the complete removal of any dirt, mechanical attachment, whichever is and periodic safety appliance grease, rust, or any other foreign matter greater. If welding is used to repair the inspections in accordance with the from the welded portion of the involved damaged appliance, bracket, or support requirements and criteria contained in safety appliance bracket or support. the following requirements shall be met: paragraph (i) of this section. Removal of paint is not required. (i) The repair shall be conducted in (4) Identify when and what type of (3) The railroad shall disassemble any accordance with the welding procedures potential repairs or potential remedial equipment necessary to permit full contained in APTA Standard SS–C&S– action will be required for any defective visual inspection of the involved weld. 020–03—Standard for Passenger Rail welded safety appliance bracket or (4) Any materials necessary to Vehicle Structural Repair (September support discovered during the initial or conduct a complete inspection must be 2003); or an alternative procedure periodic safety appliance inspection in made available to the inspection approved by FRA pursuant to § 238.21. accordance with paragraph (j) of this personnel throughout the inspection The Director of the Federal Register section. process. These include but are not approves incorporation by reference of (5) Identify the records that will be limited to such items as mirrors, the APTA Standard SS–C&S–020–03 maintained that are related to the initial magnifying glasses, or other location (September 2003), ‘‘Standard for and periodic safety appliance specific inspection aids. Remote Passenger Rail Vehicle Structural inspections in accordance with the viewing aids possessing equivalent Repair,’’ in this section in accordance requirements contained in paragraph (k) sensitivity are permissible for restricted with 5 U.S.C. 552(a) and 1 CFR part 51. of this section. areas. You may obtain a copy of the (h) Inspection Personnel. The initial (5) Any weld found with a defect as incorporated standard from the and periodic safety appliance defined in paragraph (d) of this section American Public Transportation inspections shall be performed by during the initial or periodic safety Association, 1666 K Street, Washington, individuals properly trained and appliance inspection shall be inspected DC 20006. You may inspect a copy of qualified to identify defective weld by either a certified weld inspector the incorporated standard at the Federal conditions. At a minimum, these identified in paragraphs (h)(2) through Railroad Administration, Docket Clerk, personnel include the following: (h)(5) of this section or a welding or 1120 Vermont Ave., NW., Suite 7000, (1) A qualified maintenance person materials engineer possessing a Washington, DC 20590 or at the (QMP) with at least 4 hours of training professional engineer’s license for a National Archives and Records specific to the identification of weld final determination. No car with a defect Administration (NARA). For defects and the railroad’s weld in the weld of a safety appliance or its information on the availability of this inspection procedures; attachment may continue in use until a material at NARA, call 202–741–6030, (2) A current certified welding final determination as to the existence or go to http://www.archives.gov/ inspector (CWI) pursuant to American of a defect is made by the personnel federal_register/ Welding Society Standard—AWS QC–1, identified in this paragraph. code_of_federal_regulations/ Standard for AWS Certification of (6) A weld finally determined to ibr_locations.html; Welding Inspectors (1996) or its current contain a defect shall be handled for (ii) A qualified individual under revised equivalent; repair in accordance with § 238.17(e) paragraph (h) of this section shall (3) A person possessing a current and repaired in accordance with the inspect the weld to ensure it is free of Canadian Welding Bureau (CWB) remedial action criteria contained in any cracks or fractures prior to the certification pursuant to the Canadian paragraph (j) of this section. equipment being placed in-service; Standards Association Standard W59 (j) Remedial Action. Unless a defect in (iii) The welded safety appliance (2003) or its current revised equivalent; a weld is known to have been caused by bracket or support shall receive a (4) A person possessing a current crash damage, the railroad shall conduct periodic safety appliance inspection level II or level III visual inspector a failure and engineering analysis of any pursuant to the requirements contained certification from the American Society weld identified in paragraph (e) of this in paragraphs (g) through (i) of this for Non-destructive Testing pursuant to section determined to have a break or section; and Recommended Practice SNT–TC–1A— crack either during the initial or (iv) A record of the welded repair Personnel Qualification and periodic safety appliance inspection or pursuant to the requirements of Certification in Nondestructive Testing while otherwise in service to determine paragraph (k) of this section shall be (2001) or its current revised equivalent; if the break or crack is the result of crash maintained by the railroad. or damage, improper construction, or (2) A defect in the weld that is due to (5) A person possessing a current inadequate design. Based on the results inadequate design (i.e., unanticipated certification under any other nationally of the analysis, the repair of the stresses or loads during service) shall be

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handled in accordance with the safety appliance inspection or while the internationally recognized welding following: equipment is in-service. This record standard; (i) The railroad must immediately shall also identify the cause of the crack (vii) The weld is performed by an notify FRA’s Associate Administrator or fracture. individual possessing the qualifications for Safety in writing of its discovery of (4) The date, time, location, to be certified under the current AWS a defective weld that is due to identification of the person making the Standard, CWB Standard, or any inadequate design; repair, and the nature of the repair to equivalent nationally or internationally (ii) The involved safety appliance or any welded safety appliance bracket or recognized welding qualification the safety appliance bracket or support support identified in paragraph (e) of standard; shall be reattached to the equipment by this section. (viii) The weld is inspected by an mechanically fastening the safety individual qualified to determine that I 11. Section 238.230 is added to read appliance or the safety appliance all of the conditions identified in as follows: bracket or support to the equipment paragraph (b)(1)(i) through (b)(1)(vii) of unless such mechanical fastening is § 238.230 Safety appliances—new this section are met prior to the impractical due to the design of the equipment. equipment being placed in service; and equipment; (a) Applicability. This section applies (ix) A written or electronic record of (iii) The railroad shall develop and to passenger equipment placed in the inspection required in paragraph comply with a written plan submitted to service on or after January 1, 2007. (b)(1)(viii) of this section shall be and approved by FRA’s Associate (b) Welded Safety Appliances. Except retained by the railroad operating the Administrator for Safety detailing a as provided in this section, all passenger equipment and shall be provided to schedule for all passenger equipment in equipment placed into service on or FRA upon request. At a minimum, this that series of cars with a similar welded after January 1, 2007, that is equipped record shall include the date, time, safety appliance bracket or support to with a safety appliance, required by the location, identification of the person have the involved safety appliance or ‘‘manner of application’’ provisions in performing the inspection, and the the safety appliance bracket or support part 231 of this chapter to be attached qualifications of the person performing mechanically fastened to the equipment; by a mechanical fastener (i.e., bolts, the inspection. (2) Directly welded safety appliances. and rivets, or screws), shall have the safety (iv) If a railroad determines that the Passenger equipment that is equipped appliance and any bracket or support design of the equipment makes it with a safety appliance that is directly necessary to attach the safety appliance impractical to mechanically fasten the attached to the equipment by welding to the piece of equipment mechanically safety appliance or the safety appliance (i.e., no mechanical fastening of any fastened to the piece of equipment. bracket or support to the equipment, kind) may be placed in service only if (1) Safety appliance brackets or then the railroad shall submit a request the railroad meets the following: supports considered part of the car to FRA for special approval of (i) The railroad submits a written list body. Safety appliance brackets or alternative compliance pursuant to to FRA that identifies each piece of new supports will be considered part of the § 238.21. Such a request shall explain passenger equipment equipped with a car body and will not be required to be the necessity for any relief sought and welded safety appliance as described in mechanically fastened to the piece of shall contain appropriate data and paragraph (b)(2) of this section and passenger equipment if all of the analysis supporting its determination provides a description of the specific following are met: that any alternative method of safety appliance; attachment provides at least an (i) The bracket or support is welded (ii) The railroad provides a detailed equivalent level of safety. to a surface of the equipment’s body that basis as to why the design of the vehicle (k) Records. Railroads shall maintain is at a minimum 3/16-inch sheet steel or or placement of the safety appliance written or electronic records of the structurally reinforced to provide the requires that the safety appliance be inspection and repair of the welded equivalent strength and rigidity of 3/16- directly welded to the equipment; and safety appliance brackets or supports on inch sheet steel; (iii) The involved safety appliance(s) any equipment identified in paragraph (ii) The area of the weld is sufficient on such equipment are inspected and (e) of this section. The records shall be to ensure a minimum weld strength, handled pursuant to the requirements made available to FRA upon request. At based on yield, of three times the contained in § 238.229(g) through (k). a minimum, these records shall include strength of the number of SAE grade 2, (3) Other welded safety appliances 1 all of the following: ⁄2 inch diameter bolts that would be and safety appliance brackets and (1) Training or certification records required for each attachment; supports. Except for safety appliance for any person performing any of the (iii) Except for any access required for brackets and supports identified in inspections or repairs required in this attachment of the safety appliance, the paragraph (b)(1) of this section, safety section. weld is continuous around the appliance brackets and supports on (2) The date, time, location, and perimeter of the surface of the bracket passenger equipment shall not be identification of the person performing or support; welded to the car body unless the the initial and periodic safety appliance (iv) The attachment is made with fillet design of the equipment makes it inspections for each piece of equipment welds at least 3/16-inch in size; impractical to mechanically fasten the identified in paragraph (e) of this (v) The weld is designed for infinite safety appliance and it is impossible to section. This includes the identification fatigue life in the application that it will meet the conditions for considering the of the person making any final be placed; bracket or support part of the car body determination as to the existence of a (vi) The weld is performed in contained in paragraph (b)(1) of this defect under paragraph (i)(5) of this accordance with the welding process section. Prior to placing a piece of section. and the quality control procedures passenger equipment in service with a (3) A record of all passenger contained in the current American welded safety appliance bracket or equipment found with a safety Welding Society (AWS) Standard, the support as described in this paragraph, appliance weldment that is defective Canadian Welding Bureau (CWB) the railroad shall submit documentation either during the initial or periodic Standard, or an equivalent nationally or to FRA, for FRA’s review and approval,

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containing all of the following American Public Transportation contained in Appendix A to part 231 of information: Association, 1666 K Street, Washington, this chapter. (i) Identification of the equipment by DC 20006. You may inspect a copy of I 12. Section 238.231 is amended by number, type, series, operating railroad, the incorporated standard at the Federal revising paragraph (b) and paragraph and other pertinent data; Railroad Administration, Docket Clerk, (h)(3) and by adding paragraph (h)(4) to (ii) Identification of the safety 1120 Vermont Ave., NW., Suite 7000, read as follows: appliance bracket(s) or support(s) not Washington, DC 20590 or at the mechanically fastened to the equipment National Archives and Records § 238.231 Brake system. and not considered part of the car body Administration (NARA). For * * * * * under paragraph (b)(1) of this section; information on the availability of this (b) Where practicable, the design of (iii) A detailed analysis describing the material at NARA, call 202–741–6030, passenger equipment ordered on or after necessity to attach the safety appliance or go to http://wwww.archives.gov/ September 8, 2000, or placed in service bracket or support to the equipment by federal_register/ for the first time on or after September a means other than mechanical code_of_federal_regulations/ 9, 2002, shall not require an inspector fastening; ibr_locations.html. to place himself or herself on, under, or (iv) A detailed analysis describing the (d) Passenger Cars of Special between components of the equipment inability to make the bracket or support Construction. A railroad or a railroad’s to observe brake actuation or release. part of the car body as provided for in recognized representative may submit a Passenger equipment not designed in paragraph (b)(1) of this section; and request for special approval of this manner shall be equipped and (v) A copy and description of the handled in accordance with one of the consensus or other appropriate industry alternative compliance pursuant to § 238.21 relating to the safety appliance following: standard used to ensure the (1) Equipped with piston travel arrangements on any passenger car effectiveness and strength of the indicators as defined in § 238.5 or considered a car of special construction attachment; devices of similar design and inspected under § 231.18 of this chapter. Any such (c) Inspection and repair. Passenger pursuant to the requirements contained petition shall be in the form of an equipment with a welded safety in § 238.313 (j); or appliance or a welded safety appliance industry-wide standard and at a (2) Equipped with brake indicators as bracket or support will be considered minimum shall: defined in § 238.5, designed so that the defective and shall be handled in (1) Identify the type(s) of car to which pressure sensor is placed in a location accordance with § 238.17(e) if any part the standard would be applicable; so that nothing may interfere with the or portion of the weld is defective as (2) As nearly as possible, based upon air flow to brake cylinder and inspected defined in § 238.229(d). When the design of the equipment, ensure that pursuant to the requirements contained appropriate, civil penalties for the standard provides for the same in § 238.313 (j). complement of handholds, sill steps, improperly using or hauling a piece of * * * * * equipment with a defective welded ladders, hand or parking brakes, (h) * * * safety appliance or safety appliance running boards, and other safety (3) Except for MU locomotives, on bracket or support addressed in this appliances as are required for a piece of locomotives so equipped, the hand or section will be assessed pursuant to the equipment of the nearest approximate parking brake as well as its parts and penalty schedule contained in type already identified in part 231 of connections shall be inspected, and Appendix A to part 231 of this chapter this chapter; necessary repairs made, as often as under the appropriate defect code (3) Comply with all statutory service requires but no less frequently contained therein. requirements relating to safety than every 368 days. The date of the last (1) Any safety appliance bracket or appliances contained at 49 U.S.C. 20301 inspection shall be either entered on support approved by FRA pursuant to and 20302; Form FRA F 6180–49A, suitably paragraph (b)(3) of this section shall be (4) Specifically address the number, stenciled or tagged on the equipment, or inspected and handled in accordance dimension, location, and manner of maintained electronically provided FRA with the requirements contained in application of each safety appliance has access to the record upon request. § 238.229(g) through (k). contained in the standard; (4) A train’s air brake shall not be (2) Any repair to a safety appliance (5) Provide specific analysis regarding depended upon to hold unattended bracket or support considered to be part why and how the standard was equipment (including a locomotive, a of the car body under paragraph (b)(1) developed and specifically discuss the car, or a train whether or not locomotive of this section shall be conducted in need or benefit of the safety appliance is attached). For purposes of this accordance with APTA Standard SS– arrangement contained in the standard; section, ‘‘unattended equipment’’ means C&S–020–03—Standard for Passenger (6) Include drawings, sketches, or equipment left standing and unmanned Rail Vehicle Structural Repair other visual aids that provide detailed in such a manner that the brake system (September 2003), or an alternative information relating to the design, of the equipment cannot be readily procedure approved by FRA pursuant to location, placement, and attachment of controlled by a qualified person. § 238.21, and shall ensure that the repair the safety appliances; and Unattended equipment shall be secured meets the requirements contained in (7) Demonstrate the ergonomic in accordance with the following paragraphs (b)(1)(i) through (b)(1)(vii) of suitability of the proposed arrangements requirements: this section. The Director of the Federal in normal use. (i) A sufficient number of hand or Register approves incorporation by (e) Any industry standard approved parking brakes shall be applied to hold reference of the APTA Standard SS– pursuant to § 238.21 will be enforced the equipment. Railroads shall develop C&S–020–03 (September 2003), against any person who violates any and implement a process or procedure ‘‘Standard for Passenger Rail Vehicle provision of the approved standard or to verify that the applied hand or Structural Repair,’’ in this section in causes the violation of any such parking brakes will sufficiently hold the accordance with 5 U.S.C. 552(a) and 1 provision. Civil penalties will be equipment with the air brakes released; CFR part 51. You may obtain a copy of assessed under part 231 of this chapter (ii) Except for equipment connected to the incorporated standard from the by using the applicable defect code a source of compressed air (e.g.,

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locomotive or ground air source), prior based on size of the train consist, the (2) Inspection of the hand or parking to leaving equipment unattended, the type of passenger equipment in the brake as well as its parts and brake pipe shall be reduced to zero at train, and the number of service and connections to determine that they are a rate that is no less than a service rate emergency brake applications typically in proper condition and operate as reduction; expected in the run profile for the intended. The date of the last inspection (iii) At a minimum, the hand or involved train; shall be either entered on Form FRA F parking brake shall be fully applied on (iii) The involved train does not 6180–49A, suitably stenciled or tagged at least one locomotive or vehicle in an exceed the maximum number of on the equipment, or maintained unattended locomotive consist or train; inoperative or ineffective air electronically provided FRA has access (iv) A railroad shall develop, adopt, compressors established in accordance to the record upon request. and comply with procedures for with paragraph (e)(17)(ii) of this section; * * * * * securing any unattended locomotive (iv) A qualified maintenance person I 15. Section 238.313 is amended by required to have a hand or parking brake determines and verifies that the revising the first sentence of paragraph applied when the locomotive is not inoperative or ineffective air compressor (g)(3) and by adding a new paragraph (j) equipped with an operative hand or does not compromise the safety or to read as follows: parking brake; integrity of the train and that it is safe (v) A railroad shall adopt and comply to move the equipment in passenger § 238.313 Class I brake test. with instructions to address throttle service; * * * * * position, status of the reverser lever, (v) The train crew is informed in (g) * * * position of the generator field switch, writing of the number of units in the (3) Piston travel is within prescribed status of the independent brakes, train consist with inoperative or limits, either by direct observation, position of the isolation switch, and ineffective air compressors at the observation of a piston travel indicator, position of the automatic brake valve, or location where the train crew first takes or in the case of tread or disc brakes by the functional equivalent of these items, charge of the train; determining that the brake shoe or pad on all unattended locomotives. The (vi) A record is maintained of the provides pressure to the wheel. * * * procedures and instruction shall take inoperative or ineffective air compressor * * * * * into account weather conditions as they pursuant to the requirements contained (j) In addition to complying with all relate to throttle position and reverser in § 238.17(c)(4); and the Class I brake test requirements handle; and (vii) Prior to operating equipment performed by a qualified maintenance (vi) Any hand or parking brakes under the provisions contained in this person as contained in paragraphs (a) applied to hold unattended equipment paragraph, the railroad shall provide in through (i) of this section, railroads shall not be released until it is known writing to FRA’s Associate operating passenger equipment that is that the air brake system is properly Administrator for Safety the maximum not designed to permit the visual charged. number of inoperative or ineffective air observation of the brake actuation and * * * * * compressors identified in accordance release without the inspector going on, I 13. Section 238.303 is amended by with paragraph (e)(17)(ii) of this section. under, or between the equipment in adding a new paragraph (e)(17) to read (viii) The data, analysis, or testing accordance with § 238.231(b) shall as follows: developed and conducted under perform an additional inspection. At a § 238.303 Exterior calendar day paragraph (e)(17)(ii) of this section shall minimum, the additional inspection mechanical inspection of passenger be made available to FRA upon request. requirement for such equipment shall equipment. FRA’s Associate Administrator for include all of the following: * * * * * Safety may revoke a railroad’s ability to (1) An additional inspection by a (e) * * * utilize the flexibility provided in this qualified maintenance person of all (17) Each air compressor, on paragraph if the railroad fails to comply items and components contained in passenger equipment so equipped, shall with the maximum limits established paragraphs (g)(1) through (g)(15) of this be in effective and operative condition. under paragraph (e)(17)(ii) or if such section; MU passenger equipment found with an maximum limits are not supported by (2) The additional inspection shall be inoperative or ineffective air compressor credible data or do not provide adequate conducted at an interval not to exceed at the time of its exterior calendar day safety assurances. five (5) in-service days and shall be mechanical inspection may remain in I 14. Section 238.307 is amended by conducted while the equipment is over passenger service until the equipment’s adding paragraph (c)(13) and by revising an inspection pit or on a raised next exterior calendar day mechanical paragraph (d) to read as follows: inspection track; and inspection where it must be repaired or (3) A record of the additional removed from passenger service; § 238.307 Periodic mechanical inspection inspection shall be maintained pursuant provided, all of the following of passenger cars and unpowered vehicles to the requirements contained in used in passenger trains. requirements are met: paragraph (h) of this section. This (i) The equipment has an inherent * * * * * record can be combined with the Class redundancy of air compressors, due to (c) * * * I brake test record. either the make-up of the train consist (13) The hand or parking brake shall * * * * * or the design of the equipment; be applied and released to determine I 16. Section 238.321 is added to read (ii) The railroad demonstrates through that it functions as intended. as follows: verifiable data, analysis, or actual (d) At intervals not to exceed 368 testing that the safety and integrity of a days, the periodic mechanical § 238.321 Out-of-service credit. train is not compromised in any manner inspection shall specifically include the When a passenger car is out of service by the inoperative or ineffective air following: for 30 or more consecutive days or is out compressor. The data, analysis, or test (1) Inspection of the manual door of service when it is due for any test or shall establish the maximum number of releases to determine that all manual inspection required by § 238.307 or air compressors that may be inoperative door releases operate as intended; and § 238.309 an out of use notation

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showing the number of out of service service for the purposes of determining I f. Removing the entries for days shall be made in the records the out-of-service credit. § 238.307(d), (d)(3), (d)(4) and (d)(5); required under § 238.307(e) and I 17. Appendix A to part 238 is I g. Revising the entries for § 238.309(f). If the passenger car is out amended by the following: § 238.307(d)(2) and (d)(3); of service for one or more periods of at I a. Adding a new entry for §§ 238.229 I least 30 consecutive days, the interval and 238.230; h. Adding new entries for § 238.313(j) prescribed for any test or inspection I b. Revising the entry for and (j)(3); and required by § 238.307 and § 238.309 § 238.231(h)(3); I i. Adding a new entry for § 238.321 to may be extended by the number of days I c. Adding a new entry for read as follows: in each period the passenger car is out § 238.231(h)(4); of service since the last test or I d. Adding a new entry for Appendix A to Part 238—Schedule of inspection in question. A movement § 238.303(e)(17); Civil Penalties made in accordance with § 229.9 of this I e. Adding a new entry for * * * * * chapter or § 238.17 is not considered § 238.307(c)(13);

Willful Section Violation violation

******* 238.229 Safety appliances—general: (e) Failure to properly identify equipment (per car) ...... 2,500 5,000 (g) Failure to adopt or comply with inspection plan ...... 2,500 5,000 (h) Failure to use qualified person (per car) ...... 2,500 5,000 (i) Failure to properly conduct initial or periodic inspection (per car) ...... 2,500 5,000 (j) Failure to take proper remedial action (per car) ...... 2,500 5,000 (k) Failure to maintain records (per car) ...... 2,000 4,000 238.230 Safety appliances—new equipment: (b)(2) Failure to identify welded appliance (per car) ...... 2,500 5,000 (b)(3) Failure to receive approval for use (per car) ...... 2,500 5,000 (c)(2) Failure to make proper repair (per car) ...... 2,500 5,000

******* 238.231 Brake system

******* (h)(3) Hand or parking brake inspection or record (per car) ...... 2,500 5,000 (h)(4) Hand or parking brake not applied to hold unattended equipment or prematurely released ...... 5,000 7,500

******* 238.303 Exterior mechanical inspection of passenger equipment:

******* (e)(17) Air compressor inoperative ...... 2,500 5,000

******* 238.307 Periodic mechanical inspection of passenger cars and unpowered vehicles:

******* (c)(13) Hand or parking brake test not performed ...... 2,500 5,000

******* (d)(1) Manual door release not operate as intended ...... 2,500 5,000 (d)(2) Hand or parking brake inspection not performed ...... 2,500 5,000

******* 238.313 Class I brake test:

******* (j) Failure to perform additional Class I brake test ...... 5,000 7,500 (j)(3) Failure to maintain record ...... 2,000 4,000

******* 238.321 Out-of-service credit ...... 1,000 2,000

*******

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* * * * * Issued in Washington, DC, on September 29, 2006. Joseph H. Boardman, Federal Railroad Administrator. [FR Doc. 06–8611 Filed 10–18–06; 8:45 am] BILLING CODE 4910–06–P

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Part III

Department of Housing and Urban Development 24 CFR Part 1000 Extension of Minimum Funding Under the Indian Housing Block Grant Program; Interim Rule

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DEPARTMENT OF HOUSING AND Headquarters building, an advance funding for a tribe is the sum of the need URBAN DEVELOPMENT appointment to review the public component and the FCAS component, comments must be scheduled by calling subject to a minimum funding amount 24 CFR Part 1000 the Regulations Division at (202) 708– authorized by § 1000.328. [Docket No. FR–5093–I–01] 3055 (this is not a toll-free number). The minimum funding provision at Copies of all comments submitted are § 1000.328 provides that in the first year RIN 2577–AC69 available for inspection and of NAHASDA participation, an Indian downloading at http:// tribe whose allocation is less than Extension of Minimum Funding Under www.regulations.gov. $50,000 under the need component of the Indian Housing Block Grant the formula shall have its need FOR FURTHER INFORMATION CONTACT: Program component of the grant adjusted to Rodger Boyd, Deputy Assistant $50,000. In subsequent fiscal years, an AGENCY: Office of the Assistant Secretary for Native American Indian tribe whose allocation is less Secretary for Public and Indian Programs, Department of Housing and Housing, HUD. than $25,000 under the need component Urban Development, 451 Seventh Street, of the formula shall have its need ACTION: Interim rule. SW., Room 4126, Washington, DC component of the grant adjusted to 20410–0001; telephone (202) 401–7914 SUMMARY: This interim rule provides $25,000. As originally adopted by the (this is not a toll-free number). Persons authority for Indian tribes to receive a negotiated rulemaking committee and with hearing or speech impairments minimum grant amount under the need reflected in the March 12, 1998, final may access this number through TTY by component of the Indian Housing Block rule, § 1000.328 provided that minimum calling the toll-free Federal Information Grant (IHBG) Formula for Fiscal Year funding under the need component Relay Service at (800) 877–8339. (FY) 2007. The minimum funding would not extend beyond Fiscal Year provision currently in effect in HUD’s SUPPLEMENTARY INFORMATION: 2002. regulations limited authority for receipt I. Background Section 1000.328 also specifies that of a minimum grant amount to FY2006. the need for the minimum funding The Native American Housing HUD and Indian tribes, through provisions will be reviewed in Assistance and Self-Determination Act negotiated rulemaking procedures, accordance with § 1000.306. Section of 1996 (25 U.S.C. 4101 et seq.) developed and published a proposed 1000.306 provides that the IHBG (NAHASDA) streamlined the way that rule to address ways to improve and Formula be reviewed within five years housing assistance is provided to Native clarify the IHBG Formula regulations, after promulgation to determine Americans. NAHASDA eliminated including the minimum funding whether any changes are needed. The several separate assistance programs provisions. The reinstatement of the negotiated rulemaking committee and replaced them with a single block authority for minimum grant amounts in intended that the IHBG Formula would grant program, known as the Indian FY2007 will avoid hardship to the be reviewed before expiration of the Housing Block Grant (IHBG) Program. In affected tribes until the revised minimum funding provision. addition to simplifying the process of minimum funding provisions contained In accordance with § 1000.306, HUD providing housing assistance, the in the negotiated rule are issued as a established a negotiated rulemaking purpose of NAHASDA is to provide final rule and become effective. committee for the purposes of reviewing Federal assistance for Indian tribes in a and developing changes to the DATES: Effective Date: November 20, manner that recognizes the right of regulations governing the IHBG 2006. Indian self-determination and tribal self- Formula, including the minimum Comment Due Date: December 18, governance. funding provisions. However, the work 2006. The regulations governing the IHBG of the committee continued beyond ADDRESSES: Interested persons are Program are found in part 1000 of FY2002 and the expiration of the invited to submit comments regarding HUD’s regulations in title 24 of the Code minimum funding provisions. this rule to the Regulations Division, of Federal Regulations. The part 1000 Accordingly, on June 24, 2003 (68 FR Office of General Counsel, Department regulations were established as part of a 37660), HUD published an interim rule of Housing and Urban Development, March 12, 1998, final rule implementing extending the minimum funding under 451 Seventh Street, SW., Room 10276, NAHASDA. In accordance with section the need component through FY2003 in Washington, DC 20410–0500. Interested 106 of NAHASDA, HUD developed the order to avoid hardship to the affected persons also may submit comments March 12, 1998, final rule with active Indian tribes. The interim rule provided electronically through The Federal tribal participation and using the for a 60-day public comment period. eRulemaking Portal at http:// procedures of the Negotiated HUD received no comments in response www.regulations.gov. HUD strongly Rulemaking Act of 1990 (5 U.S.C. 561– to the interim rule. Due to the ongoing encourages commenters to submit 570). work of the negotiated rulemaking comments electronically in order to Under the IHBG Program, HUD makes committee, the minimum funding make them immediately available to the assistance available to tribes for Indian provisions were again extended through public. Commenters should follow the housing activities. The amount of FY2006 (see the interim rules published instructions provided on that site to assistance made available to each Indian on June 17, 2004 (69 FR 34020) and submit comments electronically. tribe is determined using a formula January 27, 2005 (70 FR 4000)). Facsimile (FAX) comments are not (IHBG Formula) that was developed as On February 25, 2005 (70 FR 9490), acceptable. In all cases, communications part of the NAHASDA negotiated HUD published the proposed rule that must refer to the docket number and rulemaking process. A regulatory was developed by the negotiated title. All comments and description of the IHBG Formula is rulemaking committee. However, communications submitted to HUD will located in subpart D of 24 CFR part 1000 because the final rule implementing be available for public inspection and (§§ 1000.301–1000.340). The IHBG these regulatory changes has not yet copying between 8 a.m. and 5 p.m. Formula consists of two components: (1) been published and made effective, weekdays at the above address. Due to Need and (2) formula current assisted HUD has determined that an additional security measures at the HUD stock (FCAS). Generally, the amount of extension is required for the minimum

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funding provision of § 1000.328. If preamble, this interim rule follows Impact on Small Entities action is not taken now to extend the publication of other HUD interim rules, The Regulatory Flexibility Act (RFA) minimum funding provision, Indian which similarly extended the IHBG (5 U.S.C. 601 et seq.), generally requires tribes, especially small Indian tribes, minimum funding provisions. The rules an agency to conduct a regulatory would be affected by the lapse of the were non-controversial and welcomed flexibility analysis of any rule subject to minimum funding provision. by Indian tribes. Although the previous notice and comment rulemaking II. This Interim Rule interim rules invited public comments, requirements unless the agency certifies HUD did not receive any public The interim rule authorizes for that the rule will not have a significant comments opposed to the extension of economic impact on a substantial FY2007 the provision in § 1000.328 the minimum funding provisions. HUD, with respect to the minimum funding number of small entities. This interim however, solicits public comment on rule does not impose any new or modify amount under the need component of this rule. the IHBG for tribes returning for their existing regulatory requirements. second or subsequent year’s grant. The IV. Findings and Certifications Rather, the rule is exclusively concerned with extending the minimum provision with respect to the $50,000 an Executive Order 13132 Indian tribe receives in its first year of funding provisions under the need funding under the IHBG Program is not Executive Order 13132 (entitled component of the IHBG Formula. To the revised by this interim rule. That ‘‘Federalism’’) prohibits an agency from extent the interim rule has any impact provision, unlike the minimum funding publishing any rule that has federalism on small entities, it will be to the benefit amount for returning Indian tribes, has implications if the rule either imposes of small Indian tribes that are the no expiration date. Accordingly, this substantial direct compliance costs on primary beneficiaries of the minimum rule applies only to the minimum grant State and local governments and is not funding provisions. Accordingly, the amount that returning Indian tribes may required by statute, or the rule preempts undersigned certifies that this rule will receive. State law, unless the agency meets the not have a significant economic impact The reinstatement of the authority for consultation and funding requirements on a substantial number of small minimum grant amounts in FY2007 will of section 6 of the Executive Order. This entities. Notwithstanding HUD’s avoid unnecessary hardship to the many rule does not have federalism determination that this rule will not Indian tribes until the revised minimum implications and does not impose have a significant economic impact on funding provisions contained in the substantial direct compliance costs on a substantial number of small entities, negotiated proposed rule are issued as a State and local governments nor HUD specifically invites comments final rule and become effective. Once preempt State law within the meaning regarding less burdensome alternatives effective, the minimum funding of the Executive Order. to this rule that will meet HUD’s objectives as described in this preamble. provisions established by the negotiated Unfunded Mandates Reform Act final rule will supersede the current Title II of the Unfunded Mandates Catalog of Federal Domestic Assistance regulations. In the interim, affected Numbers tribes will not suffer a financial loss Reform Act of 1995 (2 U.S.C. 1531– because of the expiration of the 1538) (UMRA) establishes requirements The Catalog of Federal Domestic minimum funding provision in the for Federal agencies to assess the effects Assistance Number for the IHBG current regulation. of their regulatory actions on State, Program is 14.867. local, and tribal governments and the List of Subjects in 24 CFR Part 1000 III. Justification for Interim private sector. This interim rule does Rulemaking not impose any Federal mandate on any Aged, Community development block Generally, HUD publishes a rule for State, local, or tribal government or the grants, Grant programs—housing and public comment before issuing a rule for private sector within the meaning of community development, Grant effect, in accordance with its own UMRA. programs—Indians, Indians, Individuals regulations on rulemaking at 24 CFR with disabilities, Public Housing, Environmental Impact part 10. Part 10, however, does provide Reporting and recordkeeping in § 10.1 for exceptions from that A Finding of No Significant Impact requirements. general rule where HUD finds good with respect to the environment was I Accordingly, HUD amends 24 CFR cause to omit advance notice and public made for the June 24, 2003, interim rule, part 1000 to read as follows: participation. The good cause in accordance with HUD regulations at requirement is satisfied when the prior 24 CFR part 50, which implement PART 1000—NATIVE AMERICAN public procedure is ‘‘impracticable, section 102(2)(C) of the National HOUSING ACTIVITIES Environmental Policy Act of 1969 (42 unnecessary, or contrary to the public I interest.’’ U.S.C. 4332(2)(C)). That finding remains 1. The authority citation for 24 CFR HUD finds that good cause exists to applicable to this interim rule and is part 1000 continues to read as follows: publish this interim rule for effect available for public inspection between Authority: 25 U.S.C. 4101 et seq.; 42 U.S.C. without first soliciting public comment. the hours of 8 a.m. and 5 p.m. weekdays 3535(d). The rule will allow a minimum amount in the Regulations Division, Office of I 2. Revise § 1000.328 to read as of funding to continue to Indian tribes General Counsel, Department of follows: without a significant lapse in time Housing and Urban Development, 451 during which the tribes would be Seventh Street, SW., Room 10276, § 1000.328 What is the minimum amount foreclosed from receiving funds entirely Washington, DC 20410–0500. Due to an Indian tribe can receive under the need or would receive a significant reduction security measures at the HUD component of the formula? in funds. The funding meets a critical Headquarters building, an advance In the first year of NAHASDA need of many tribes, which would go appointment to review the public participation, an Indian tribe whose unmet during the time that it otherwise comments must be scheduled by calling allocation is less than $50,000 under the would take to publish a rule for effect. the Regulations Division at (202) 708– need component of the formula shall Further, as noted above in this 3055 (this is not a toll-free number). have its need component of the grant

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adjusted to $50,000. The Indian tribe’s than $25,000 under the need component Dated: September 20, 2006. IHP shall contain a certification of the of the formula shall have its need Orlando J. Cabrera, need for the $50,000 funding. In component of the grant adjusted to Assistant Secretary for Public and Indian subsequent years, but not to extend $25,000. The need for this section will Housing. beyond Federal Fiscal Year 2007, an be reviewed in accordance with [FR Doc. E6–17518 Filed 10–18–06; 8:45 am] Indian tribe whose allocation is less § 1000.306. BILLING CODE 4210–67–P

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Reader Aids Federal Register Vol. 71, No. 202 Thursday, October 19, 2006

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 420...... 57885 Presidential Documents 3 CFR 431...... 60662 Proclamations: Executive orders and proclamations 741–6000 Proposed Rules: The United States Government Manual 741–6000 6641 (See Proc. 2...... 61330 8067) ...... 60649 Other Services 50...... 61330 8057...... 58481 51...... 61330 Electronic and on-line services (voice) 741–6020 8058...... 58483 52...... 61330 Privacy Act Compilation 741–6064 8059...... 58999 72...... 60672 Public Laws Update Service (numbers, dates, etc.) 741–6043 8060...... 59001 430...... 59204, 58410 TTY for the deaf-and-hard-of-hearing 741–6086 8061...... 59003 431...... 58308 8062...... 59359 8063...... 59362 12 CFR ELECTRONIC RESEARCH 8064...... 60051 327...... 61374, 61385 8065...... 60053 World Wide Web 910...... 60810 8066...... 60647 913...... 60810 Full text of the daily Federal Register, CFR and other publications 8067...... 60649 951...... 59262 is located at: http://www.gpoaccess.gov/nara/index.html 8068...... 61363 Federal Register information and research tools, including Public 8069...... 61365 Proposed Rules: Inspection List, indexes, and links to GPO Access are located at: 8070...... 61629 327...... 60674 http://www.archives. gov/federallregister 8071...... 61631 613...... 60678 E-mail Executive Orders: 13 CFR 13067 (See EO FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 13412) ...... 61369 Proposed Rules: an open e-mail service that provides subscribers with a digital 13412...... 61369 120...... 59411 form of the Federal Register Table of Contents. The digital form 14 CFR of the Federal Register Table of Contents includes HTML and 5 CFR PDF links to the full text of each document. 630...... 61633 23...... 58735 39 ...... 57887, 58254, 58485, To join or leave, go to http://listserv.access.gpo.gov and select 7 CFR 58487, 58493, 59363, 59366, Online mailing list archives, FEDREGTOC-L, Join or leave the list 59368, 59651, 60414, 60417, (or change settings); then follow the instructions. 58...... 60805 301 ...... 57871, 58243, 59649, 60663, 61391, 61395, 61634, PENS (Public Law Electronic Notification Service) is an e-mail 61373 61636, 61639, 61642, 61644, service that notifies subscribers of recently enacted laws. 319...... 61373 61648 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 360...... 58735 43...... 58495 and select Join or leave the list (or change settings); then follow 361...... 58735 71 ...... 58738, 59006, 59007, the instructions. 920...... 58246 59008, 59372, 60419, 60814, 924...... 60807 60815, 60816, 60817, 60818 FEDREGTOC-L and PENS are mailing lists only. We cannot 93...... 58495, 60424 respond to specific inquiries. 944...... 60807 955...... 58249 97...... 58256 Reference questions. Send questions and comments about the 1218...... 59363 125...... 59373 Federal Register system to: [email protected] 1421...... 60413 135...... 59373 The Federal Register staff cannot interpret specific documents or 1427...... 60413 Proposed Rules: regulations. 1792...... 60657 1...... 58914 Proposed Rules: 21...... 58914 25...... 61427, 61432 FEDERAL REGISTER PAGES AND DATE, OCTOBER 56...... 59028 70...... 59028 39 ...... 58314, 58318, 58320, 57871–58242...... 2 305...... 59694 58323, 58755, 60080, 60083, 60085, 60087, 60089, 60444, 58243–58480...... 3 318...... 59694 457...... 60439 60446, 60448, 60450, 60924, 58481–58734...... 4 60926, 60927, 61690 58735–59004...... 5 1792...... 60672 2902...... 59862 43...... 58914 59005–59360...... 6 3565...... 58545 45...... 58914 59361–59648...... 10 71 ...... 58758, 58760, 58761, 59649–60054...... 11 8 CFR 58762, 58764, 58765, 59031 60055–60412...... 12 1003...... 57873 331...... 58546 60413–60656...... 13 60657–60804...... 16 9 CFR 15 CFR 60805–61372...... 17 77...... 58252 922...... 60055 61373–61632...... 18 307...... 59005 Proposed Rules: 61633–61868...... 19 381...... 59005 715...... 59032 716...... 59032 10 CFR 721...... 59032 72...... 60659 732...... 61435

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736...... 61435 Proposed Rules: 34 CFR 46 CFR 22...... 60928 740...... 61435, 61692 Proposed Rules: 1...... 60066 742...... 61692 51...... 60928 462...... 61580 67...... 61413 744...... 61435, 61692 68...... 61413 748...... 61692 24 CFR 36 CFR 752...... 61435 1000...... 61866 Proposed Rules: 764...... 61435 Proposed Rules: Ch. I ...... 59697 47 CFR 772...... 61435 15...... 58994 242...... 60095 2...... 60067, 60075 922 ...... 58767, 59039, 59050, 73...... 61425 59338 25 CFR 37 CFR 80...... 60067, 60075 350...... 59010 Proposed Rules: 16 CFR Proposed Rules: 292...... 58769 351...... 59010 73...... 61455, 61456 Proposed Rules: 370...... 59010 80...... 60102 310...... 58716 26 CFR 40 CFR 17 CFR 1 ...... 57888, 59669, 61648, 49...... 60852 48 CFR 61662 270...... 58257 50...... 60853, 61144 205...... 58536 31...... 58276 51...... 58498, 60612 Proposed Rules: 300...... 58740 207...... 58537 4...... 60454 52 ...... 58498, 59383, 59674, 212...... 58537 301 ...... 60827, 60835, 61833 61686 240...... 60636 602...... 59696 216...... 58537 53...... 61236 225 ...... 58536, 58537, 58539 Proposed Rules: 18 CFR 58...... 61236 234...... 58537 1 ...... 61441, 61692, 61693 59...... 58745 236...... 58540 388...... 58273 300...... 59696 63...... 58499 252...... 58541 Proposed Rules: 80...... 58498 35...... 58767 28 CFR 1819...... 61687 81...... 60429, 61686 1852...... 61687 37...... 58767 16...... 58277 82...... 58504 40...... 57892 5125...... 60076 180 ...... 58514, 58518, 61410 5152...... 60076 388...... 58325 29 CFR 281...... 58521 Proposed Rules: 1915...... 60843 302...... 58525 19 CFR 355...... 58525 30...... 58336, 58338 4022...... 60428 52...... 58336, 58338 12...... 61399 Proposed Rules: 4044...... 60428 204...... 61012 163...... 61399 52 ...... 57894, 57905, 59413, Proposed Rules: 235...... 61012 59414, 59697, 60098, 60934, 1915...... 60932 252...... 61012 20 CFR 60937 404...... 60819, 61403 30 CFR 63...... 59302, 61701 408...... 61403 81 ...... 57894, 57905, 59414, 49 CFR 416...... 61403 Proposed Rules: 60937 701...... 59592 213...... 59677 Proposed Rules: 174...... 59697 229...... 61836 773...... 59592 281...... 58571 618...... 61618 238...... 61836 774...... 59592 721...... 59066 541...... 59400 21 CFR 778...... 59592 843...... 59592 41 CFR Proposed Rules: 189...... 59653 847...... 59592 Proposed Rules: 211...... 59698 201...... 58739 931...... 61680 217...... 60372 520...... 59374 102-35...... 61445 Proposed Rules: 218...... 60372 606...... 58739 935...... 61695 42 CFR 591...... 58572 610...... 58739 409...... 58286 592...... 58572 700...... 59653 31 CFR 410...... 58286 593...... 58572 1300...... 60426, 60609 412...... 58286 594...... 58572 1309...... 60609 224...... 60847 256...... 60848 413...... 58286 604...... 60460 1310...... 60609, 60823 414...... 58286 624...... 60681 1314...... 60609 594...... 58742 595...... 58742 424...... 58286 Proposed Rules: 597...... 58742 433...... 60663 50 CFR 20...... 57892 485...... 58286 25...... 57892 32 CFR 489...... 58286 17...... 58176, 60238 201...... 57892 505...... 58286 20...... 58234 202...... 57892 283...... 59009 300...... 58058 284...... 59374 Proposed Rules: 207...... 57892 423...... 61445 600...... 58058 225...... 57892 706...... 58278, 61685 622...... 59019, 60076 226...... 57892 Proposed Rules: 44 CFR 635...... 58058, 58287 500...... 57892 143...... 60092 62...... 60435 648...... 59020 510...... 57892 144...... 59411 65...... 59385, 60854 660 ...... 57889, 58289, 59405 511...... 57892 67 ...... 59398, 60864, 60866, 679 ...... 57890, 58753, 59406, 33 CFR 515...... 57892 60869, 60870, 60871, 60884, 59407, 60077, 60078, 60670, 516...... 57892 100 ...... 58279, 58281, 60064 60917, 60919 61426 558...... 57892 117 ...... 58283, 58285, 58286, Proposed Rules: Proposed Rules: 589...... 57892 58744, 59381, 61409, 61410 67 ...... 60952, 60961, 60963, 17 ...... 58340, 58363, 58574, 1312...... 58569, 61436 Proposed Rules: 60980, 60983, 60985, 60985, 58954, 59700, 59711, 61546 110...... 58230 60986, 60988 100...... 60095 22 CFR 117 ...... 58332, 58334, 58776, 635...... 58778 51...... 58496 61698 45 CFR 648...... 61012 126...... 58496 165...... 57893, 60094 1310...... 58533 660...... 61012

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REMINDERS 10-23-06; published 9-22-06 Alaska; fisheries of 06; published 8-22-06 [FR The items in this list were [FR 06-07867] Exclusive Economic 06-06819] editorially compiled as an aid Science and Technology Zone— Stratospheric ozone to Federal Register users. Laboratory Service: Atka mackerel; comments protection— Inclusion or exclusion from Fees and charges increase; due by 10-27-06; Fire suppression and this list has no legal comments due by 10-23- published 10-12-06 [FR explosion protection; significance. 06; published 9-22-06 [FR 06-08637] ozone-depleting 06-07821] Northeastern United States substances; list of RULES GOING INTO AGRICULTURE fisheries— substitutes; comments DEPARTMENT Net mesh size due by 10-27-06; EFFECT OCTOBER 19, published 9-27-06 [FR Federal Crop Insurance measurement method; 2006 E6-15842] Corporation comments due by 10- Fire suppression and Crop insurance regulations: 26-06; published 9-26- AGRICULTURE 06 [FR 06-08187] explosion protection; DEPARTMENT Common crop insurance West Coast States and ozone-depleting Animal and Plant Health regulations, basic Western Pacific substances; list of Inspection Service provisions; and various fisheries— substitutes; comments Chronic Wasting Disease Herd crop insurance provisions; due by 10-27-06; Groundfish; comments Certification Program: comments due by 10-26- published 9-27-06 [FR due by 10-25-06; Captive deer and elk; 06; published 9-26-06 [FR E6-15831] interstate movement 06-08216] published 10-10-06 [FR E6-16676] Significant New requirements; published 7- Common crop insurance Alternatives Policy 21-06 regulations; basic CONSUMER PRODUCT Program; motor vehicle ENVIRONMENTAL provisions, and various SAFETY COMMISSION air conditioning; list of PROTECTION AGENCY crop insurance provisions; Consumer Product Safety Act substitutes; comments Air quality implementation amendments; comments and Federal Hazardous due by 10-23-06; plans; approval and due by 10-26-06; Substances Act: published 9-21-06 [FR promulgation; various published 7-14-06 [FR 06- Adult all terrain vehicle 06-07967] 05962] States; air quality planning requirements and three- Air quality implementation purposes; designation of AGRICULTURE wheeled all terrain vehicle plans; approval and areas: DEPARTMENT ban promulgation; various Indiana; withdrawn; Forest Service Correction; comments due States: published 10-19-06 Alaska National Interest Lands by 10-24-06; published Iowa; comments due by 10- INTERIOR DEPARTMENT Conservation Act; Title VIII 9-7-06 [FR E6-14757] 23-06; published 9-22-06 Surface Mining Reclamation implementation (subsistence DEFENSE DEPARTMENT [FR 06-07954] and Enforcement Office priority): Civilian health and medical Wisconsin; comments due Permanent program and Nonrural determinations; program of the uniformed by 10-23-06; published 9- abandoned mine land comments due by 10-27- services (CHAMPUS): 22-06 [FR 06-08113] reclamation plan 06; published 8-14-06 [FR TRICARE program— Pesticides; tolerances in food, submissions: 06-06902] Reserve and Guard family animal feeds, and raw New Mexico; published 10- COMMERCE DEPARTMENT agricultural commodities: 19-06 member benefits; Grants, other financial Azoxystrobin; comments due NATIONAL AERONAUTICS comments due by 10- assistance, and 23-06; published 8-22- by 10-23-06; published 8- AND SPACE nonprocurement 23-06 [FR E6-13656] ADMINISTRATION 06 [FR E6-13720] agreements: Dimethenamid; comments Acquisition regulations: Federal Acquisition Regulation OMB guidance on (FAR): due by 10-23-06; Small business innovation nonprocurement published 8-23-06 [FR E6- research and small Approved authentication debarment and products and services; 13660] business technology suspension; transfer contractor re- purchase requirement; Fenpyroximate; comments implementation; comments comments due by 10-23- due by 10-23-06; certification of program due by 10-23-06; compliance; published 10- 06; published 8-23-06 [FR published 8-23-06 [FR E6- published 9-22-06 [FR 06- 06-07088] 13761] 19-06 08022] TREASURY DEPARTMENT Internet Protocol Version 6 Kresoxim-methyl; comments COMMERCE DEPARTMENT Internal Revenue Service requirement; comments due by 10-24-06; Foreign-Trade Zones Board published 8-25-06 [FR E6- Income taxes: due by 10-23-06; 14165] Foreign tax expenditures; Applications, hearings, published 8-24-06 [FR 06- partner’s distributive determinations, etc.: 07126] Triflumizole; comments due share; published 10-19-06 Georgia ENVIRONMENTAL by 10-23-06; published 8- 23-06 [FR E6-13659] Income attributable to Eastman Kodak Co.; x-ray PROTECTION AGENCY domestic production film, color paper, digital Air pollutants, hazardous; Superfund program: activities; deduction; media, inkjet paper, national emission standards: National oil and hazardous published 10-19-06 entertainment imaging, Hazardous waste substances contingency and health imaging; combustors; comments plan priorities list; COMMENTS DUE NEXT Open for comments due by 10-23-06; comments due by 10-23- WEEK until further notice; published 9-6-06 [FR 06- 06; published 9-22-06 [FR published 7-25-06 [FR 07251] 06-07965] E6-11873] AGRICULTURE Air programs: FEDERAL DEPARTMENT COMMERCE DEPARTMENT Federally administered COMMUNICATIONS Agricultural Marketing National Oceanic and emission trading COMMISSION Service Atmospheric Administration programs; source Common carrier services: Prunes (dried) produced in Fishery conservation and requirements modification; Missoula Intercarrier California; comments due by management: comments due by 10-23- Compensation Reform

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Plan; comments due by implementation (subsistence due by 10-23-06; published 9-26-06 [FR 06- 10-25-06; published 9-13- priority): published 8-24-06 [FR 06- 08223] 06 [FR E6-15196] Nonrural determinations; 07126] Fokker; comments due by Radio services; special: comments due by 10-27- NUCLEAR REGULATORY 10-23-06; published 8-22- Private land mobile 06; published 8-14-06 [FR COMMISSION 06 [FR E6-13731] services— 06-06902] Special nuclear material; PZL-Bielsko; comments due Upper 700 MHz guard Endangered and threatened domestic licensing: by 10-27-06; published 9- band licenses; species: Items relied on for safety; 27-06 [FR E6-15905] operational, technical, Critical habitat facility change process; Airworthiness standards: and spectrum designations— comments due by 10-27- requirements; comments Normal and transport Catesbaea melanocarpa; 06; published 9-27-06 [FR category rotorcraft— due by 10-23-06; 06-08271] published 9-21-06 [FR comments due by 10- Performance and handling 06-07912] 23-06; published 8-22- SECURITIES AND qualities requirements; 06 [FR 06-07029] Television broadcasting: EXCHANGE COMMISSION comments due by 10- Telecommunications Act of Shivwits milk-vetch and Securities, etc: 23-06; published 7-25- 1996; implementation— Holmgren milk-vetch; Executive and director 06 [FR E6-11726] comments due by 10- Broadcast ownership compensation, etc.; Special conditions— 26-06; published 9-26- rules; 2006 quadrennial disclosure requirements; Airbus Model A380-800 06 [FR 06-08191] regulatory review; comments due by 10-23- airplanes; comments comments due by 10- Findings on petitions, etc.— 06; published 9-8-06 [FR due by 10-23-06; 23-06; published 9-28- Island night lizard; 06-06968] published 9-7-06 [FR 06 [FR 06-08168] comments due by 10- Securities: E6-14827] FEDERAL DEPOSIT 23-06; published 8-22- Transfer agent forms; Class D and E airspace; INSURANCE CORPORATION 06 [FR E6-13877] electronic filing; comments comments due by 10-23-06; Assessments: Migratory bird hunting and due by 10-26-06; published 8-18-06 [FR 06- Risk differentiation conservation stamp (Federal published 9-11-06 [FR 06- 06910] frameworks and base Duck Stamp) contest; 07269] VOR Federal airways; assessment schedule; regulations revision; Self-regulatory organizations; comments due by 10-23-06; supplemental notice of comments due by 10-27-06; proposed rule changes: published 9-6-06 [FR E6- published 9-27-06 [FR E6- initial regulatory flexibility American Stock Exchange 14744] 15839] analysis; comments due LLC. et al.; comments TRANSPORTATION by 10-26-06; published Migratory birds; revised list; due by 10-27-06; DEPARTMENT 10-16-06 [FR 06-08728] comments due by 10-23-06; published 10-6-06 [FR E6- published 8-24-06 [FR 06- Federal Railroad GENERAL SERVICES 16565] Administration ADMINISTRATION 07001] NYSE Arca, Inc.; comments Railroad safety: Federal Acquisition Regulation LABOR DEPARTMENT due by 10-24-06; Passenger equipment safety (FAR): Employment and Training published 10-3-06 [FR E6- standards— Approved authentication Administration 16247] Emergency systems; products and services; Trade Adjustment Assistance SMALL BUSINESS comments due by 10- purchase requirement; Program: ADMINISTRATION comments due by 10-23- 23-06; published 8-24- 06; published 8-23-06 [FR Trade adjustment assistance Surety Bond Guarantee 06 [FR 06-07099] 06-07088] for workers; Workforce Program: Investment Act regulations VETERANS AFFAIRS Internet Protocol Version 6 Preferred Surety Bond amended; comments due DEPARTMENT requirement; comments surety qualification, by 10-24-06; published 8- Vocational rehabilitation and due by 10-23-06; increased guarantee for 25-06 [FR 06-07067] education: published 8-24-06 [FR 06- veterans, etc.; comments Vocational Rehabilitation 07126] LABOR DEPARTMENT due by 10-26-06; published 9-26-06 [FR 06- and Employment HOMELAND SECURITY Mine Safety and Health 08205] Program— DEPARTMENT Administration Initial evaluations; Customs and Border Mine Improvement and New TRANSPORTATION comments due by 10- Protection Bureau Emergency Response Act; DEPARTMENT 27-06; published 8-28- implementation: Federal Aviation North American Free Trade 06 [FR E6-14079] Agreement (NAFTA): Assessment of civil Administration Merchandise processing fee penalties; criteria and Airworthiness directives: exemption and technical procedures; comments Airbus; comments due by LIST OF PUBLIC LAWS corrections; comments due by 10-23-06; 10-26-06; published 9-26- due by 10-23-06; published 9-8-06 [FR 06- 06 [FR 06-08222] This is a continuing list of published 8-23-06 [FR E6- 07512] Boeing; comments due by public bills from the current 13947] NATIONAL AERONAUTICS 10-23-06; published 9-26- session of Congress which INTERIOR DEPARTMENT AND SPACE 06 [FR 06-08232] have become Federal laws. It Land Management Bureau ADMINISTRATION Bombardier; comments due may be used in conjunction Minerals management: Federal Acquisition Regulation by 10-23-06; published 8- with ‘‘PLUS’’ (Public Laws Commercial Oil Shale (FAR): 23-06 [FR E6-13831] Update Service) on 202–741– 6043. This list is also Leasing Program; Approved authentication EADS SOCATA; comments available online at http:// comments due by 10-25- products and services; due by 10-27-06; www.archives.gov/federal- 06; published 9-26-06 [FR purchase requirement; published 9-27-06 [FR 06- register/laws.html. 06-08198] comments due by 10-23- 08277] INTERIOR DEPARTMENT 06; published 8-23-06 [FR Empresa Brasileira de The text of laws is not Fish and Wildlife Service 06-07088] Aeronautica S.A. published in the Federal Alaska National Interest Lands Internet Protocol Version 6 (EMBRAER); comments Register but may be ordered Conservation Act; Title VIII requirement; comments due by 10-26-06; in ‘‘slip law’’ (individual

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pamphlet) form from the H.R. 3508/P.L. 109–356 H.R. 233/P.L. 109–362 S. 3930/P.L. 109–366 Superintendent of Documents, 2005 District of Columbia Northern California Coastal Military Commissions Act of U.S. Government Printing Omnibus Authorization Act Wild Heritage Wilderness Act 2006 (Oct. 17, 2006; 120 Stat. Office, Washington, DC 20402 (Oct. 16, 2006; 120 Stat. (Oct. 17, 2006; 120 Stat. 2600) (phone, 202–512–1808). The 2019) 2064) Last List October 18, 2006 text will also be made H.R. 4902/P.L. 109–357 available on the Internet from Byron Nelson Congressional H.R. 4957/P.L. 109–363 GPO Access at http:// Gold Medal Act (Oct. 16, To direct the Secretary of the www.gpoaccess.gov/plaws/ 2006; 120 Stat. 2044) Public Laws Electronic Interior to convey the index.html. Some laws may H.R. 5094/P.L. 109–358 Notification Service not yet be available. Tylersville division of the Lake Mattamuskeet Lodge Lamar National Fish Hatchery (PENS) H.R. 138/P.L. 109–354 Preservation Act (Oct. 16, and Fish Technology Center To revise the boundaries of 2006; 120 Stat. 2047) to the State of Pennsylvania, John H. Chafee Coastal H.R. 5160/P.L. 109–359 and for other purposes. (Oct. PENS is a free electronic mail Barrier Resources System Long Island Sound 17, 2006; 120 Stat. 2074) notification service of newly Jekyll Island Unit GA-06P. Stewardship Act of 2006 (Oct. enacted public laws. To (Oct. 16, 2006; 120 Stat. 16, 2006; 120 Stat. 2049) H.R. 5122/P.L. 109–364 subscribe, go to http:// listserv.gsa.gov/archives/ 2017) H.R. 5381/P.L. 109–360 John Warner National Defense publaws-l.html H.R. 479/P.L. 109–355 National Fish Hatchery System Authorization Act for the To replace a Coastal Barrier Volunteer Act of 2006 (Oct. Financial Year 2007 (Oct. 17, Note: This service is strictly Resources System map 16, 2006; 120 Stat. 2058) 2006; 120 Stat. 2083) for E-mail notification of new relating to Coastal Barrier S. 2562/P.L. 109–361 laws. The text of laws is not H.R. 6197/P.L. 109–365 Resources System Grayton Veterans’ Compensation Cost- available through this service. Beach Unit FL-95P in Walton of-Living Adjustment Act of Older Americans Act PENS cannot respond to County, Florida. (Oct. 16, 2006 (Oct. 16, 2006; 120 Stat. Amendments of 2006 (Oct. specific inquiries sent to this 2006; 120 Stat. 2018) 2062) 17, 2006; 120 Stat. 2522) address.

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