11–14–05 Monday Vol. 70 No. 218 Nov. 14, 2005

Pages 69041–69246

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i II Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005

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Contents Federal Register Vol. 70, No. 218

Monday, November 14, 2005

Advisory Council on Historic Preservation Environmental Protection Agency See Historic Preservation, Advisory Council RULES Air programs: Agriculture Department Fuels and fuel additives— See Farm Service Agency Composition of additives certified under Gasoline NOTICES Deposit Control Program; variability requirements Agency information collection activities; proposals, revisions, 69240–69245 submissions, and approvals, 69133–69134 Air quality implementation plans; approval and promulgation; various States; air quality planning Army Department purposes; designation of areas: NOTICES Indiana, 69085–69098 Senior Executive Service Performance Review Board; Air quality implementation plans; approval and membership; correction, 69207 promulgation; various States: California, 69081–69085 Civil Rights Commission PROPOSED RULES NOTICES Air pollutants, hazardous; national emission standards: Meetings; Sunshine Act, 69134 Organic liquids distribution (non-gasoline), 69210–69237 Air quality implementation plans; approval and Coast Guard promulgation; various States; air quality planning PROPOSED RULES purposes; designation of areas: Ports and waterways safety; regulated navigation areas, Indiana, 69130–69131 safety zones, security zones, etc.: NOTICES Chicago Sanitary and Ship Canal, IL, 69128–69130 Water supply: Public water system supervision program— Commerce Department Michigan, 69151–69152 See Economic Development Administration See International Trade Administration Farm Service Agency See National Oceanic and Atmospheric Administration NOTICES See Patent and Trademark Office Agency information collection activities; proposals, NOTICES submissions, and approvals, 69134 Agency information collection activities; proposals, submissions, and approvals, 69134–69136 Federal Aviation Administration Defense Department RULES See Army Department Airworthiness directives: See Navy Department Airbus, 69056–69069 RULES Bombardier, 69073–69075 Federal Acquisition Regulation (FAR): Empresa Brasileira de Aeronautica, S.A. (EMBRAER), Information technology security and unallowable costs 69071–69077 accounting Learjet, 69059–69071 Correction, 69100–69101 Saab, 69061–69063 Airworthiness standards: Economic Development Administration Special conditions— RULES Cessna Model 650 airplanes, 69053–69055 Economic Development Administration Reauthorization Act Class E airspace, 69077–69078 of 2004; implementation: NOTICES Effective date delay, 69053 Airport noise compatibility program: NOTICES Lehigh Valley International Airport, PA, 69198–69200 Adjustment assistance; applications, determinations, etc.: Noise exposure maps— Rudolph Instruments, Inc., et al., 69136–69137 Collin County Regional Airport, TX, 69200–69201 Agency information collection activities; proposals, submissions, and approvals, 69137–69139 Federal Energy Regulatory Commission NOTICES Education Department Applications, hearings, determinations, etc.: NOTICES 3E Technologies, Inc., et al., 69149–69151 Grants and cooperative agreements; availability, etc.: Postsecondary education— Talent Search Program, 69145–69148 Federal Highway Administration NOTICES Energy Department Environmental statements; notice of intent: See Federal Energy Regulatory Commission San Diego County, CA, 69201

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Federal Reserve System Homeland Security Department RULES See Coast Guard Extensions of credit by Federal Reserve Banks (Regulation A): Housing and Urban Development Department Primary and secondary credit— NOTICES Rates; increase approval, 69044–69045 Agency information collection activities; proposals, NOTICES submissions, and approvals, 69161–69162 Agency information collection activities; proposals, Meetings: submissions, and approvals, 69152 Manufactured Housing Consensus Committee, 69162– Banks and bank holding companies: 69163 Change in bank control, 69152 Formations, acquisitions, and mergers, 69152–69153 Interior Department Permissible nonbanking activities, 69153 See Land Management Bureau See Minerals Management Service Federal Transit Administration See National Park Service NOTICES International Trade Administration Grants and cooperative agreements; availability, etc.: NOTICES Elderly Individuals and Individuals with Disabilities Export trade certificates of review, 69139–69142 Pilot Program, 69201–69203 Meetings: United States Travel and Tourism Advisory Board, 69142 Food and Drug Administration North American Free Trade Agreement (NAFTA); PROPOSED RULES binational panel reviews: Medical devices: Gray portland cement and clinker from— Obstetrical and gynecological devices— Mexico, 69142–69143 Condom and condom with spermicidal lubricant; special control designation, 69102–69118 Justice Department NOTICES See Justice Programs Office Reports and guidance documents; availability, etc.: NOTICES Male condoms made of natural rubber latex; labeling; Meetings: Class II special controls, 69156–69160 Violence Against Women National Advisory Committee, Public Health, Security and Bioterrorism Preparedness 69163–69164 and Response Act of 2002; implementation—- Pollution control; consent judgments: Prior notification of imported food; compliance policy Seven-Up/RC Bottling Co. of Southern California, Inc.; guide, 69160–69161 correction, 69207

General Services Administration Justice Programs Office RULES NOTICES Federal Acquisition Regulation (FAR): Agency information collection activities; proposals, Information technology security and unallowable costs submissions, and approvals, 69164–69165 accounting Correction, 69100–69101 Labor Department NOTICES NOTICES Agency information collection activities; proposals, Meetings: submissions, and approvals, 69154 Trade Negotiations and Trade Policy Labor Advisory Committee, 69165 Government Ethics Office Land Management Bureau RULES Government ethics: NOTICES Mutual funds and unit investment trusts; additional Meetings: exemption, 69041–69044 Pinedale Anticline Working Group, 69163 Minerals Management Service Health and Human Services Department PROPOSED RULES See Food and Drug Administration Outer Continental Shelf; oil, gas, and sulphur operations: See Substance Abuse and Mental Health Services Oil and gas activities; costs recovery, 69118–69128 Administration NOTICES National Aeronautics and Space Administration Agency information collection activities; proposals, RULES submissions, and approvals, 69154 Federal Acquisition Regulation (FAR): President’s Council on Physical Fitness and Sports; 2006 Information technology security and unallowable costs 50th Anniversary Celebration; potential partners to accounting participate in programs, 69155–69156 Correction, 69100–69101 Historic Preservation, Advisory Council National Archives and Records Administration NOTICES NOTICES Reports and guidance documents; availability, etc.: Reports and guidance documents; availability, etc.: Human remains and grave goods treatment; policy E-Government Act of 2002; section 207(e) statement, 69133 implementation, 69165–69168

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National Highway Traffic Safety Administration Small Business Administration RULES RULES Motor vehicle safety standards: Small business size standards: Occupant crash protection— Gulf Opportunity Pilot Loan Program, 69045–69047 Occupant Protection Incentive Grant Program criteria; Surety Bond Guarantee Program, 69048–69053 technical amendments, 69078–69081 NOTICES Disaster loan areas: National Oceanic and Atmospheric Administration California, 69185 PROPOSED RULES Louisiana, 69185–69186 Fishery conservation and management: North Carolina, 69186 Caribbean, Gulf, and South Atlantic fisheries— South Atlantic Fishery Management Council; hearings, State Department 69132 NOTICES NOTICES Culturally significant objects imported for exhibition: Endangered and threatened species: Gauguin and Impressionism, 69186–69187 Findings on petitions, etc.— Grants and cooperative agreements; availability, etc.: Eastern oyster; withdrawn, 69143 Eastern Europe and Independent States of Former Soviet Union Research and Training Program, 69187–69191 National Park Service English Access Microscholarship Program, 69191–69196 NOTICES Meetings: Environmental statements; record of decision: International Joint Commission-U.S. and Canada; Great Boston Harbor Islands National Recreation Area, MA, Lakes Water Quality Agreement review, 69197 69163

National Science Foundation Substance Abuse and Mental Health Services RULES Administration Antarctic animal and plant conservation: Antarctic Specially Protected Areas, Antarctic Specially NOTICES Managed Areas, and Historical Sites or Monuments; Senior Executive Service Performance Review Board; designations, 69098–69100 membership, 69161 NOTICES Environmental statements; availability, etc.: Surface Transportation Board Very Energetic Radiation Imaging Telescope Array NOTICES System, 69168–69169 Agency information collection activities; proposals, submissions, and approvals, 69203–69206 Navy Department Meetings; Sunshine Act, 69206 NOTICES Inventions, Government-owned; availability for licensing, Transportation Department 69144 See Federal Aviation Administration Senior Executive Service Performance Review Board; See Federal Highway Administration membership, 69144–69145 See Federal Transit Administration See National Highway Traffic Safety Administration Nuclear Regulatory Commission See Surface Transportation Board NOTICES NOTICES Meetings: Standard time zone boundaries: Nuclear Waste Advisory Committee, 69169 Indiana; public hearings, 69197–69198 Reactor Safeguards Advisory Committee, 69169

Patent and Trademark Office NOTICES Separate Parts In This Issue Agency information collection activities; proposals, submissions, and approvals, 69143–69144 Part II Environmental Protection Agency, 69210–69237 Personnel Management Office RULES Part III Prevailing rate systems, 69041 Environmental Protection Agency, 69240–69245 Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 69169 Reader Aids Self-regulatory organizations; proposed rule changes: Consult the Reader Aids section at the end of this issue for American Stock Exchange LLC, 69170–69173 phone numbers, online resources, finding aids, reminders, Chicago Board Options Exchange, Inc., 69173–69179 and notice of recently enacted public laws. Depository Trust Co., 69179–69180 To subscribe to the Federal Register Table of Contents National Association of Securities Dealers, Inc., 69180– LISTSERV electronic mailing list, go to http:// 69181 listserv.access.gpo.gov and select Online mailing list Pacific Exchange, Inc., 69181–69182 archives, FEDREGTOC-L, Join or leave the list (or change Philadelphia Stock Exchange, Inc., 69182–69185 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 532...... 69041 2460...... 69041 12 CFR 201...... 69044 13 CFR 121 (2 documents) ...... 69045, 69048 301...... 69053 304...... 69053 14 CFR 25...... 69053 39 (10 documents) ...... 69056, 69059, 69061, 69063, 69065, 69067, 69069, 69071, 69073, 69075 71...... 69077 21 CFR Proposed Rules: 884...... 69102 23 CFR 1345...... 69078 30 CFR Proposed Rules: 250...... 69118 251...... 69118 280...... 69118 33 CFR Proposed Rules: 165...... 69128 40 CFR 52 (2 documents) ...... 69081, 69085 80...... 69240 81...... 69085 Proposed Rules: 52...... 69130 63...... 69210 81...... 69130 45 CFR 670...... 69098 48 CFR 2...... 69100 31...... 69100 50 CFR Proposed Rules: 622...... 69132

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Rules and Regulations Federal Register Vol. 70, No. 218

Monday, November 14, 2005

This section of the FEDERAL REGISTER Regulatory Flexibility Act OFFICE OF GOVERNMENT ETHICS contains regulatory documents having general applicability and legal effect, most of which I certify that these regulations will not 5 CFR Part 2640 are keyed to and codified in the Code of have a significant economic impact on RIN 3209–AA09 Federal Regulations, which is published under a substantial number of small entities 50 titles pursuant to 44 U.S.C. 1510. because they will affect only Federal Additional Exemption for Mutual Funds The Code of Federal Regulations is sold by agencies and employees. and Unit Investment Trusts Under 18 the Superintendent of Documents. Prices of List of Subjects in 5 CFR Part 532 U.S.C. 208(b)(2) new books are listed in the first FEDERAL AGENCY: Office of Government Ethics REGISTER issue of each week. Administrative practice and (OGE). procedure, Freedom of information, ACTION: Government employees, Reporting and Interim rule amendment with OFFICE OF PERSONNEL request for comments. recordkeeping requirements, Wages. MANAGEMENT Office of Personnel Management. SUMMARY: The Office of Government 5 CFR Part 532 Linda M. Springer, Ethics is issuing an interim rule amendment that permits Government Director. RIN 3206–AK91 employees to participate in certain I Accordingly, the Office of Personnel particular matters of general Prevailing Rate Systems; Redefinition Management is amending 5 CFR part applicability affecting mutual funds and of the Adams-Denver, CO, 532 as follows: unit investment trusts, notwithstanding Nonappropriated Fund Wage Area the employees’ disqualifying financial PART 532—PREVAILING RATE interest under 18 U.S.C. 208(a) arising AGENCY: Office of Personnel SYSTEMS from the ownership of mutual funds or Management. unit investment trusts. ACTION: Final rule. I 1. The authority citation for part 532 DATES: This interim regulation is continues to read as follows: effective November 14, 2005. Comments SUMMARY: The Office of Personnel Authority: 5 U.S.C. 5343, 5346; § 532.707 are invited and are due in writing by Management is issuing a final rule to December 14, 2005. remove Adams County, CO, from the also issued under 5 U.S.C. 552. ADDRESSES: You may submit comments, Adams-Denver, CO, Federal Wage I 2. In appendix D to subpart B, the System nonappropriated fund (NAF) in writing, to OGE on this interim rule, wage area listing for the State of wage area, redefine Arapahoe County, identified by RIN 3209–AA09, by any of Colorado is amended by revising the CO, from the area of application to the the following methods: listing for Adams-Denver to read as • E-Mail: [email protected]. Include the survey area, and change the Adams- reference ‘‘Interim Rule Exemption Denver wage area’s name to Arapahoe- follows: Under 18 U.S.C. 208(b)(2)’’ in the Denver. These changes are necessary Appendix D to Subpart B of Part 532— subject line of the message. because the closure of Fitzsimons Army Nonappropriated Fund Wage and • Fax: (202) 482–9237. Medical Center in Adams County left Survey Areas • Mail/Hand Delivery/Courier: Office the Adams-Denver survey area without * * * * * of Government Ethics, Suite 500, 1201 a host activity to conduct local NAF New York Avenue, NW., Washington, wage surveys. Colorado DC 20005–3917, Attention: Richard M. DATES: This rule is effective on Thomas, Associate General Counsel. December 14, 2005. Arapahoe-Denver Instructions: All submissions must FOR FURTHER INFORMATION CONTACT: Survey Area include OGE’s agency name and the Madeline Gonzalez, (202) 606–2838; e- Colorado: Regulation Identifier Number (RIN), mail [email protected]; Arapahoe 3209–AA09, for this rulemaking. or FAX: (202) 606–4264. Denver FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: On August Area of Application. Survey area plus: Richard M. Thomas, Associate General 22, 2005, the Office of Personnel Colorado: Counsel, Office of Government Ethics; Management (OPM) issued a proposed Mesa telephone: (202) 482–9300; TDD: (202) 482–9293; FAX: (202) 482–9237. rule (70 FR 48899) to remove Adams * * * * * County, CO, from the Adams-Denver, SUPPLEMENTARY INFORMATION: Section [FR Doc. 05–22539 Filed 11–10–05; 8:45 am] CO, Federal Wage System 208(a) of title 18 of the United States nonappropriated fund wage area, BILLING CODE 6325–39–P Code prohibits Government employees redefine Arapahoe County, CO, from the from participating in an official capacity area of application to the survey area, in particular Government matters in and change the Adams-Denver wage which, to their knowledge, they or area’s name to Arapahoe-Denver. The certain other persons specified in the proposed rule had a 30-day comment statute have a financial interest, if the period, during which OPM received no particular matter would have a direct comments. and predictable effect on that interest.

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Section 208(b)(2) of title 18 permits the the diminished conflicts potential by www.ici.org), a significant percentage of Office of Government Ethics to including certain investment funds as SEC employees own mutual fund promulgate regulations describing one of the few types of ‘‘permitted shares—it is especially important to financial interests that are too remote or property’’ under 26 U.S.C. 1043, which dispel any uncertainty concerning the inconsequential to warrant allows Government employees to defer application of section 208 to such disqualification pursuant to section recognition of capital gains from sales to interests. 208(a). comply with conflict of interest Therefore, OGE is promulgating a new On August 28, 1995, the Office of requirements as long as the proceeds of exemption, by adding a paragraph (d) to Government Ethics published its first the sale are invested in permitted § 2640.201 of 5 CFR, that covers interim rule, with request for comments, property. See 5 CFR part 2634, subpart interests in mutual funds and unit promulgating certain miscellaneous J (Certificates of Divestiture). investment trusts other than interests exemptions under section 208(b)(2). 60 All of these existing exemptions focus arising from the holdings of such FR 44705 (August 28, 1995). On on employee interests arising from the vehicles. As this action is intended, in December 18, 1996, the Office of ‘‘holdings’’ of the investment funds. part, to clarify the application of section Government Ethics published a This is not surprising, because common 208 to such interests, the promulgation comprehensive final rule, sense—as well as OGE’s discussions of this exemption should not be ‘‘Interpretation, Exemptions and Waiver with the SEC and other agencies— construed as an indication that any Guidance Concerning 18 U.S.C. 208 indicates that the principal determinant particular activity in which an (Acts Affecting a Personal Financial of mutual fund value is the performance employee might have participated in the Interest),’’ codified at 5 CFR part 2640, of the underlying holdings. past necessarily should be viewed as a which promulgated several additional Since these exemptions were violation of section 208. Moreover, it is exemptions and also adopted as final, promulgated, however, OGE has become also important to remember that with some modifications, the aware that employees at certain agencies interests arising from the effect of exemptions promulgated in the earlier may work on particular matters of Government matters on the underlying interim rule. 61 FR 66829 (December 18, general applicability that do not have an holdings of mutual funds and unit 1996) (final rule); 60 FR 47207 effect on individual fund holdings, but investment trusts will continue to be (September 11, 1995) (proposed rule). instead may have an effect on the addressed by the other exemptions OGE subsequently has added and mutual funds or unit investment trusts noted above. amended exemptions by interim rule, themselves. The SEC, for example, is the The new exemption is limited to with request for comment, 65 FR 16511 primary Federal regulator of investment particular matters of general (March 29, 2000) (adopted as final, 65 companies and investment advisers, and applicability, as defined in 5 CFR FR 47830 (August 4, 2000)), and (after the agency has advised OGE that its 2640.102(m). This would include, for a proposed rule, 65 FR 53942 employees must address a variety of example, rules and guidance documents (September 6, 2000)) by final rule, 67 FR issues, through rulemaking and other that address all mutual funds or a class 12443 (March 19, 2002). Commission action, such as oversight of of investment companies. The Among the exemptions OGE has mutual fund fees and expenses, exemption does not cover particular promulgated are several that exempt brokerage arrangements, valuation and matters involving specific parties, as certain financial interests in ‘‘mutual pricing, management conflicts of defined in 5 CFR 2640.102(l), such as funds’’ and ‘‘unit investment trusts,’’ as interest, structural changes to the boards cases or investigations focusing on a those terms are defined in § 2640.102(k) to address independence, etc. Similarly, particular investment company. Where and (u). See 5 CFR 2640.201(a) some employees of the Internal Revenue an employee would be called upon to (diversified mutual funds and unit Service may participate in certain participate in a particular matter investment trusts), 2640.102(b)(1) (non- taxation issues affecting regulated involving specific parties, potential sector holdings of sector mutual fund), investment companies, such as the tax conflicts should be evaluated on a case- 2640.201(b)(2) ($50,000 de minimis treatment of certain expenses and by-case basis and may be resolved, as interest in sector mutual funds). As a dividends. Difficult questions have appropriate, through recusal, general matter, such investment funds arisen concerning whether the divestiture, or an individual waiver historically have been thought to raise participation in such matters is even under 18 U.S.C. 208(b). fewer significant conflict of interest covered by 18 U.S.C. 208. In some cases, The limitation to matters of general concerns than other types of for example, it may be difficult to applicability is an important part of the investments, for several reasons. As determine when such policy matters justification for this exemption. As in OGE has noted previously, typically have a direct and predictable effect on other areas, OGE has determined that ‘‘only a limited portion of the fund’s the employee’s financial interest in a the potential for financial interests in assets [are] placed in the securities of particular investment fund. In some this area to affect the integrity of an any single issuer’’ and usually ‘‘an cases, moreover, employees may not employee’s services is limited when the employee’s interest in any one fund is have understood adequately the limits particular matter affects an entire only a small portion of the fund’s total of existing OGE exemptions, which do industry or class of entities, rather than assets.’’ 60 FR 47211 (September 11, not actually cover any financial interests focusing on the interests and rights of a 1995) (preamble to proposed rule). other than those arising from the effect particular company or other party. See These popular investment vehicles are of Government action on the underlying generally 60 FR 47210 (‘‘The regulation also subject to significant regulation by holdings of funds. Given the popularity generally contains more expansive the Securities and Exchange of investment funds—the SEC, for exemptions for participation in ‘matters Commission (SEC). In short, the risks example, has advised OGE that, along of general applicability not involving and the expenses incident to such with 48.1% of all American households specific parties’ because it is less likely pooled investment vehicles generally who are invested in mutual funds that an employee’s integrity would be pose fewer concerns that the financial directly or indirectly (see the compromised by concern for his own interests will affect the integrity of the Investment Company Institute (ICI) 2005 financial interests when participating in services of Government employees. Investment Company Fact Book, Part I, these broader matters.’’). The exemption Indeed, Congress itself has recognized Section 4, available online at http:// thus would not cover those particular

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matters that may be thought to pose the Government Ethics will review all to OGE’s financial interests regulation a most acute potential for conflict, such as comments received and consider any new regulatory exemption affecting a proceeding with respect to a specific modifications to this rule which appear certain matters of general applicability. fund in which the employee has warranted before adopting the final rule Finally, this rulemaking is not invested. Moreover, from discussions on this matter. economically significant under the with various agencies, OGE has Executive order and will not interfere Regulatory Flexibility Act concluded that the impact of rules and with State, local or tribal governments. other matters of general applicability on As General Counsel of the Office of an employee’s financial interest in a Government Ethics, I certify under the Executive Order 12988 Regulatory Flexibility Act (5 U.S.C. particular investment company is not As General Counsel of the Office of chapter 6) that this interim rule will not likely to be so significant as to call into Government Ethics, I have reviewed this have a significant economic impact on question the employee’s integrity: As interim amendatory regulation in light a substantial number of small entities mentioned above, the value of an of section 3 of Executive Order 12988, investor’s interest in a fund is more because it primarily affects Federal executive branch employees. Civil Justice Reform, and certify that it directly a function of the performance of meets the applicable standards provided the underlying holdings rather than the Paperwork Reduction Act therein. effect of Government regulations on the management of the fund. Additionally, The Paperwork Reduction Act (44 List of Subjects in 5 CFR Part 2640 any such interests are so widely shared U.S.C. chapter 35) does not apply among the American public that because this interim regulation does not Conflict of interests, Government employees certainly would not have a contain information collection employees. requirements that require approval of peculiar stake in such matters. Approved: November 7, 2005. the Office of Management and Budget. This interim rule is being published Marilyn L. Glynn, after obtaining the concurrence of the Unfunded Mandates Reform Act Department of Justice pursuant to General Counsel, Office of Government Ethics. section 201(c) of Executive Order 12674. For purposes of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. Also, as provided in section 402 of the I Accordingly, for the reasons set forth chapter 25, subchapter II), this interim Ethics in Government Act of 1978, as in the preamble, the Office of final rule will not significantly or amended, 5 U.S.C. appendix, section Government Ethics is amending 5 CFR uniquely affect small governments and 402, OGE has consulted with both the part 2640 as follows: Department of Justice (as additionally will not result in increased expenditures required under 18 U.S.C. 208(d)(2)) and by State, local, and tribal governments, PART 2640—INTERPRETATION, the Office of Personnel Management on in the aggregate, or by the private sector, EXEMPTIONS AND WAIVER this rule. of $100 million or more (as adjusted for GUIDANCE CONCERNING 18 U.S.C. inflation) in any one year. 208 (ACTS AFFECTING A PERSONAL Matters of Regulatory Procedure Congressional Review Act FINANCIAL INTEREST) Administrative Procedure Act The Office of Government Ethics has I 1. The authority citation for part 2640 Pursuant to 5 U.S.C. 553 (b) and (d), determined that this interim rulemaking continues to read as follows: as General Counsel of the Office of involves a nonmajor rule under the Government Ethics, I find that good Congressional Review Act (5 U.S.C. Authority: 5 U.S.C. App. (Ethics in cause exists for waiving the general chapter 8) and will submit a report Government Act of 1978); 18 U.S.C. 208; E.O. requirements of notice of proposed thereon to the U.S. Senate, House of 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. rulemaking, opportunity for public Representatives and General Accounting 215, as modified by E.O. 12731, 55 FR 42547, comments, and 30-day delayed effective Office in accordance with that law at the 3 CFR, 1990 Comp., p. 306. date for this interim rule amendment, same time this rulemaking document is and additionally that the 30-day delayed sent to the Office of the Federal Register Subpart B—Exemptions Pursuant to 18 effective date does not apply because for publication in the Federal Register. U.S.C. 208(b)(2) the rule grants or recognizes an exemption or relieves a restriction. Executive Order 12866 I 2. Section 2640.201 is amended by These requirements are being waived In promulgating this interim rule adding a new paragraph (d) to read as because this rulemaking grants a new amendment, the Office of Government follows: exemption under the applicable conflict Ethics has adhered to the regulatory of interest law, 18 U.S.C. 208. Moreover, philosophy and the applicable § 2640.201 Exemptions for interests in mutual funds, unit investments trusts, and delay in issuance of the rule would be principles of regulation set forth in employee benefit plans. contrary to the public interest because section 1 of Executive Order 12866, the interim rule clarifies the permissible Regulatory Planning and Review. This * * * * * limits of employees’ official actions interim rule has also been reviewed by (d) Matters affecting mutual funds when certain of their financial interests the Office of Management and Budget and unit investment trusts. In addition may be affected, in view of questions of under that Executive order. Moreover, to participation in the particular matters the type discussed above concerning the in accordance with section 6(a)(3)(B) of affecting the holdings of mutual funds application of 18 U.S.C. 208 to E.O. 12866, the preamble to this interim and unit investment trusts as permitted employee participation in certain amendment notes the legal basis and under paragraphs (a) and (b) of this matters affecting mutual funds and unit benefits of, as well as the need for, the section, an employee may participate in investment trusts. Nonetheless, regulatory action. There should be no any particular matter of general interested persons are invited to submit appreciable increase in costs to OGE or applicability affecting a mutual fund or written comments to OGE on this the executive branch of the Federal unit investment trust where the interim rule, to be received on or before Government in administering this disqualifying financial interest arises December 14, 2005. The Office of amended regulation, since it only adds because of the ownership of an interest

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in the mutual fund or unit investment The Board approved requests by the credit rates will not have a significantly trust. Reserve Banks to increase by 25 basis adverse economic impact on a [FR Doc. 05–22476 Filed 11–10–05; 8:45 am] points the primary credit rate in effect substantial number of small entities at each of the twelve Federal Reserve because the final rule does not impose BILLING CODE 6345–01–P Banks, thereby increasing from 4.75 any additional requirements on entities percent to 5.00 percent the rate that affected by the regulation. each Reserve Bank charges for FEDERAL RESERVE SYSTEM Administrative Procedure Act extensions of primary credit. As a result 12 CFR Part 201 of the Board’s action on the primary The Board did not follow the credit rate, the rate that each Reserve provisions of 5 U.S.C. 553(b) relating to [Regulation A] Bank charges for extensions of notice and public participation in secondary credit automatically Extensions of Credit by Federal connection with the adoption of these increased from 5.25 percent to 5.50 Reserve Banks amendments because the Board for good percent under the secondary credit rate cause determined that delaying AGENCY: Board of Governors of the formula. The final amendments to implementation of the new primary and Federal Reserve System. Regulation A reflect these rate changes. secondary credit rates in order to allow ACTION: Final rule. The 25-basis-point increase in the notice and public comment would be primary credit rate was associated with unnecessary and contrary to the public SUMMARY: The Board of Governors of the a similar increase in the target for the interest in fostering price stability and Federal Reserve System (Board) has federal funds rate (from 3.75 percent to sustainable economic growth. For these adopted final amendments to its 4.00 percent) approved by the Federal same reasons, the Board also has not Regulation A to reflect the Board’s Open Market Committee (Committee) provided 30 days prior notice of the approval of an increase in the primary and announced at the same time. A effective date of the rule under section credit rate at each Federal Reserve Bank. press release announcing these actions 553(d). The secondary credit rate at each indicated that: Reserve Bank automatically increased 12 CFR Chapter II Elevated energy prices and hurricane- by formula as a result of the Board’s related disruptions in economic activity have List of Subjects in 12 CFR Part 201 primary credit rate action. temporarily depressed output and DATES: The amendments in this final employment. However, monetary policy Banks, Banking, Federal Reserve rule are effective November 14, 2005. accommodation, coupled with robust System, Reporting and recordkeeping. The rate changes for primary and underlying growth in productivity, is secondary credit were effective on the providing ongoing support to economic Authority and Issuance dates specified in 12 CFR 201.51, as activity that will likely be augmented by I amended. planned rebuilding in the hurricane-affected For the reasons set forth in the areas. The cumulative rise in energy and preamble, the Board is amending 12 FOR FURTHER INFORMATION CONTACT: other costs has the potential to add to CFR Chapter II to read as follows: Jennifer J. Johnson, Secretary of the inflation pressures; however, core inflation Board (202/452–3259); for users of has been relatively low in recent months and PART 201—EXTENSIONS OF CREDIT Telecommunication Devices for the Deaf longer-term inflation expectations remain BY FEDERAL RESERVE BANKS (TDD) only, contact 202/263–4869. contained. (REGULATION A) The Committee perceives that, with SUPPLEMENTARY INFORMATION: The appropriate monetary policy action, the I Federal Reserve Banks make primary upside and downside risks to the attainment 1. The authority citation for part 201 and secondary credit available to of both sustainable growth and price stability continues to read as follows: depository institutions as a backup should be kept roughly equal. With Authority: 12 U.S.C. 248(i)–(j), 343 et seq., source of funding on a short-term basis, underlying inflation expected to be 347a, 347b, 347c, 348 et seq., 357, 374, 374a, usually overnight. The primary and contained, the Committee believes that and 461. secondary credit rates are the interest policy accommodation can be removed at a rates that the twelve Federal Reserve pace that is likely to be measured. I 2. In § 201.51, paragraphs (a) and (b) Nonetheless, the Committee will respond to Banks charge for extensions of credit changes in economic prospects as needed to are revised to read as follows: under these programs. In accordance fulfill its obligation to maintain price with the Federal Reserve Act, the § 201.51 Interest rates applicable to credit stability. extended by a Federal Reserve Bank.1 primary and secondary credit rates are established by the boards of directors of Regulatory Flexibility Act Certification (a) Primary credit. The interest rates the Federal Reserve Banks, subject to Pursuant to the Regulatory Flexibility for primary credit provided to the review and determination of the Act (5 U.S. C. 605(b)), the Board certifies depository institutions under § 201.4(a) Board. that the new primary and secondary are:

Federal Reserve Bank Rate Effective

Boston ...... 5.00 November 1, 2005. New York ...... 5.00 November 1, 2005. Philadelphia ...... 5.00 November 1, 2005. Cleveland ...... 5.00 November 1, 2005. Richmond ...... 5.00 November 1, 2005. Atlanta ...... 5.00 November 1, 2005. Chicago ...... 5.00 November 1, 2005. St. Louis ...... 5.00 November 2, 2005.

1 The primary, secondary, and seasonal credit advances and discounts made under the primary, secondary, and seasonal credit programs, rates described in this section apply to both respectively.

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Federal Reserve Bank Rate Effective

Minneapolis ...... 5.00 November 1, 2005. Kansas City ...... 5.00 November 1, 2005. Dallas ...... 5.00 November 1, 2005. San Francisco ...... 5.00 November 1, 2005.

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

Federal Reserve Bank Rate Effective

Boston ...... 5.50 November 1, 2005. New York ...... 5.50 November 1, 2005. Philadelphia ...... 5.50 November 1, 2005. Cleveland ...... 5.50 November 1, 2005. Richmond ...... 5.50 November 1, 2005. Atlanta ...... 5.50 November 1, 2005. Chicago ...... 5.50 November 1, 2005. St. Louis ...... 5.50 November 2, 2005. Minneapolis ...... 5.50 November 1, 2005. Kansas City ...... 5.50 November 1, 2005. Dallas ...... 5.50 November 1, 2005. San Francisco ...... 5.50 November 1, 2005.

* * * * * rule as an interim final rule because its The scope and magnitude of damage By order of the Board of Governors of the immediate implementation will caused by Hurricanes Katrina and Rita Federal Reserve System, November 7, 2005. facilitate the reconstruction and is unprecedented. SBA has determined Jennifer J. Johnson, economic recovery of the Gulf Coast. that the small businesses located in Secretary of the Board. DATES: Effective Date: This regulation those communities have an [FR Doc. 05–22520 Filed 11–10–05; 8:45 am] becomes effective on November 14, extraordinary need for moderately-sized 2005. BILLING CODE 6210–02–P loans ($150,000 or less) provided on an Comment Period: Comments must be expedited basis. To respond to these received by SBA on or before December extraordinary needs of the small 14, 2005. SMALL BUSINESS ADMINISTRATION business community, SBA developed a ADDRESSES: You may submit comments pilot program, which goes beyond the 13 CFR Part 121 identified by RIN 3245–AF43 through Agency’s traditional disaster relief one of the following methods: (1) efforts, to deliver financial assistance to RIN 3245–AF43 Federal eRulemaking Portal: http:// small businesses located in, locating to, www.regulations.gov. Follow the or relocating in the Presidentially- Small Business Size Standards; Gulf instructions for submitting comments; Opportunity Pilot Loan Program declared disaster areas resulting from (2) Fax: (202) 205–6390; or (3) Mail/ Hurricanes Katrina and Rita and any AGENCY: Small Business Administration. Hand Delivery/Courier: Gary M. contiguous parishes or counties (A list Jackson, Assistant Administrator for ACTION: Interim final rule with request of eligible parishes and counties is Size Standards, 409 Third Street, SW., for comments. located at: http://www.sba.gov/ Mail Code 6530, Washington, DC 20416. disaster_recov/katrinafactsheets.html.). SUMMARY: The U.S. Small Business FOR FURTHER INFORMATION CONTACT: Borrowers under this pilot must meet Administration (SBA) is temporarily Charles W. Thomas, Director, Office of the geographical requirements as well as amending the size eligibility criteria for Program Development, Office of the standard eligibility requirements for loan assistance provided under the Financial Assistance, (202) 205–6656 or the loan. The Agency structured the GO ‘‘Gulf Opportunity Pilot Loan Program,’’ [email protected]. Loan Pilot to provide its full 85 percent a one-year pilot under the 7(a) Business SUPPLEMENTARY INFORMATION: Loan Program. The pilot program makes guaranty to more strongly encourage available on an expedited basis 7(a) Gulf Opportunity Pilot Loan Program lenders to lend to businesses in the loans to small businesses located in, SBA, in cooperation with lending affected communities. The GO Loan locating to, or relocating in disaster institutions, has established a Gulf pilot will be a temporary pilot program areas declared by the President as a Opportunity Pilot Loan Program (GO for use in fiscal year 2006, and will result of Hurricanes Katrina and Rita Loan Pilot or Pilot), as a pilot under the expire on September 30, 2006. This and any contiguous parishes or 7(a) Business Loan Program, to expedite interim final rule makes the expedited counties. This interim final rule makes delivery of small business financing in small business financing available to financial assistance under the pilot the form of 7(a) loans to small businesses that are considered small for program available to businesses that are businesses located in, locating to, or re- the purpose of SBA’s 7(a) Business Loan considered small for the purpose of locating in Presidentially-declared Program and businesses considered SBA’s 7(a) Business Loan Program and disaster areas resulting from Hurricanes small for the purpose of SBA’s Certified businesses considered small for the Katrina and Rita and any contiguous Development Company (CDC) Program. purpose of SBA’s Certified Development parishes or counties (SBA Policy Notice Company Program. SBA prepared this 5000–978, November 8, 2005).

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Size Standard for the 7(a) Business March 4, 1992). The urgent need for program of the GO Loan Pilot. This Loan Program Federal financial assistance following interim rule does not change the size The 7(a) Business Loan Program Hurricanes Katrina and Rita created standards applicable to other small provides a range of short-term and long- special circumstances warranting business programs, including size term financial assistance to start-up temporarily application the CDC size standards for Federal contracting. businesses and smaller-sized small standards to businesses applying for 7(a) Therefore, this interim final rule will businesses in the operation, acquisition loans through the GO Loan Pilot. have no effect on existing Federal contracts, the pool of small businesses or expansion of their existing business. Size Standard for the GO Loan Pilot To qualify for an SBA-guaranteed loan competing for Federal contracts, or the This rule amends the size eligibility ability of Federal agencies to attain their under the 7(a) Business Loan Program, criteria for 7(a) loans through the GO small business contracting goals. the size of a business concern, including Loan Pilot to make those loans available its affiliates, cannot exceed the size to businesses currently considered small Justification for Publication as an standard for the primary industry in for the purpose of SBA’s 7(a) Business Interim Final Rule which it is engaged. (13 CFR Loan Program and to businesses In general, SBA publishes a proposed 121.301(a)). More than 90 percent of 7(a) considered small for the purpose of rule for public comment before issuing borrowers are start-ups or businesses SBA’s CDC program. Rather than a final rule in accordance with the with 50 or fewer employees. modifying the definition of a small Administrative Procedure Act (APA) Size Standard for SBA’s Certified business, this interim final rule extends and SBA regulations. (5 U.S.C. 553 and Development Company Program size eligibility for the GO Loan Pilot to 13 CFR 101.108). The APA provides an any business concern that is already exception to the standard rulemaking SBA believes that the unprecedented considered ‘‘small’’ for the purpose of process, however, when an agency finds economic needs of businesses in the one of SBA’s major financial assistance good cause to adopt a rule without prior Presidentially-declared disaster areas programs. public participation. (5 U.S.C. and the contiguous parishes and The broader alternate size standards 553(b)(3)(B)). The good cause counties necessitate a more expansive adopted for the GO Loan Pilot requirement is satisfied when prior reach of its 7(a) Business Loan Program recognizes that many small business public participation is impracticable, lending in the Gulf Coast region. concerns located in the disaster areas unnecessary, or contrary to the public Therefore, SBA has decided to utilize (including those which may not qualify interest. Under those conditions, an the size eligibility criteria of the CDC for the 7(a) loans under the existing agency may publish an interim final Program for the GO Loan Pilot. The framework) are experiencing financial rule without first soliciting public structure and objectives of the CDC hardship as a result of Hurricanes comment. Program target a larger segment of the Katrina and Rita. Absent the recent In the good cause exception to small business community than the 7(a) hurricane disasters, many small standard rulemaking procedures, Business Loan Program. The CDC businesses would continue to have Congress recognized that emergencies Program is, among other things, a long- adequate access to capital through (such as the need for Federal assistance term financing tool for economic traditional channels. With the after major disasters) might arise when development that provides loans for destruction of large segments of the an agency must issue a rule without major fixed assets, such as land and local infrastructure and the prior public participation. On August buildings. To be eligible for assistance displacement of thousands of residents, 29, 2005, the President declared major under the CDC program, a business the severe economic effects of the recent disaster areas in Louisiana, Mississippi, concern must meet either the size disasters on the Gulf Coast will extend and Alabama in the aftermath of eligibility criteria of the 7(a) Business over a period of many months, if not Hurricane Katrina. The President also Loan Program, or have tangible net years. Many of these larger-sized small declared major disaster areas in worth not in excess of $7 million and businesses have long-term viability, but Louisiana and Texas after Hurricane average net income after Federal income need immediate access to capital to Rita destroyed more of the Gulf Coast taxes (excluding any carry-over losses) sustain or rebuild their operations region. These natural disasters have for the preceding two completed fiscal during this critical recovery period. severely affected businesses in the years not in excess of $2.5 million (13 SBA believes that applying the declared disaster areas and contiguous CFR 120.301(b)). Size standards based alternate net worth and net income size parishes and counties. Small businesses on net worth and net income have been standards to the GO Loan Pilot provides in those areas have demonstrated an established to assist businesses that tend an effective mechanism for the Federal extraordinary need for moderately sized to be larger in size than businesses Government to extend crucial financial loans ($150,000 or less). SBA designed concerns that qualify for the 7(a) assistance to this segment of the small the GO Loan Pilot to expedite delivery Business Loan Program, but still qualify business community that would of financial assistance through the 7(a) as ‘‘small’’ for the purpose of SBA otherwise be unavailable. loan program to those businesses. This financing. rule would amend the size eligibility This action is not unprecedented. No Impact on SBA’s Government criteria for 7(a) loans through the GO SBA temporarily applied the CDC size Contracting Programs Loan Pilot to make those loans available standards to the 7(a) Business Loan SBA continues to believe that its to businesses currently considered small Program from December 1992 to March current size standards for the 7(a) for the purpose of SBA’s 7(a) loan 4, 1993, but decided after public Business Loan Program and other small program and to businesses considered comment and further consideration not business assistance programs small for the purpose of SBA’s CDC to continue them on a permanent basis appropriately define small business Program. Absent this rule, expedited because the alternate net worth and net concerns. As described above, the financial assistance through the GO income size standards of the CDC alternate net worth and net income size Loan Pilot would only be available to Program reflect the special purposes of standards of the CDC Program are being businesses considered small for the that loan program (57 FR 62477, applied on a limited basis to the purpose of SBA’s 7(a) loan program. December 21, 1992 and 58 FR 12334, specifically-tailored lending assistance Immediate implementation of this rule,

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as a component of the GO Loan Pilot, when applying for, issuing, or compliance with the provisions of § 603 will expedite delivery of financial guaranteeing loans. SBA will generally of the RFA impracticable. assistance to a greater number of apply the policies and procedures in SBA has determined that this rule businesses. Strengthening small place for the Agency’s existing does not impose any new information businesses in the declared disaster areas SBAExpress program (although there are collection requirements from SBA that by making financial assistance available several substantial differences between require approval by OMB under the on an expedited basis is in the best the two programs). Lenders Paperwork Reduction Act of 1980, 44 interest of the public because it will participating in the GO Loan Pilot are U.S.C. Ch. 35. SBA currently has forms facilitate economic recovery of the Gulf knowledgeable about these policies and established to determine small business Coast. Restoring economic stability in procedures because they must be status. However, as a separate action, the region is essential to attracting authorized to make 7(a) loans through SBA will develop new forms pertaining residents and revitalizing communities SBAExpress in order to participate in to GO Loan Pilot loans that are modeled that were destroyed by Hurricanes the GO Loan Pilot. In addition, SBA will after the forms currently used by SBA Katrina and Rita in 2005. Accordingly, provide OMB-approved forms for the Express lenders. SBA has sought OMB’s SBA finds good cause to publish this GO Loan Pilot, which are modeled after approval for these forms on an rule as an interim final rule. The urgent the SBAExpress forms. emergency basis. need to expedite delivery of Federal Furthermore, SBA does not expect to financial assistance to the declared receive any comments from List of Subjects in 13 CFR Part 121 disaster areas makes immediate stakeholders in the 7(a) loan or implementation of this rule in the Loan programs—business, Disaster SBAExpress programs or others assistance loans, Reporting and public interest. opposing the immediate effective date of Furthermore, advance solicitation of recordkeeping requirements, Small this interim final rule. SBA believes, business. comments for this rulemaking would be based on its discussions with state and impracticable and contrary to the public local officials and interested members of I For reasons set forth in the preamble, interest because it would delay delivery the public, that there is a strong interest amend part 121 of title 13 Code of of critical financial assistance to these in immediate implementation of this Federal Regulations as follows: businesses by at least four to six rule because it will help small months. Such delay could have serious businesses in the disaster areas and PART 121—SMALL BUSINESS SIZE adverse affects on small businesses in facilitate economic recovery of the Gulf REGULATIONS the disaster areas and the public. Coast region. Providing financial assistance now can I 1. The authority citation for part 121 help protect some small businesses that Compliance With Executive Orders is revised to read as follows: might otherwise have to cease 12866, 12988, and 13132, the Authority: 15 U.S.C. 632, 634(b)(6), 636(b), operations before a rule could be Regulatory Flexibility Act (5 U.S.C. 601– 637(a), 644, and 662(5); and Pub. L. 105–135, promulgated under standard notice and 612) and the Paperwork Reduction Act sec. 401 et seq., 111 Stat. 2592. comment rulemaking procedures. (44 U.S.C. Ch. 35) Although SBA is publishing this rule I 2. Amend § 121.301 by revising The Office of Management and Budget as an interim final rule, the Agency paragraph (a) to read as follows: (OMB) has determined that this rule is requests interested parties to submit a ‘‘significant regulatory action’’ under § 121.301 What size standards are their comments on the amended size section 3(f) under Executive Order applicable to financial assistance standard. SBA must receive the 12866. The emergency nature of this programs? comments on or before December 14, interim final rule makes timely 2005. SBA may then consider these (a)(1) For Business Loans and Disaster compliance with Executive Order 12866 comments in making any necessary Loans (other than physical disaster impracticable. SBA is currently revisions to these regulations. loans), an applicant business concern, assessing the potential economic including its affiliates, must not exceed Justification for Immediate Effective impacts of this action. the size standard for the industry in Date of Interim Final Rule For purposes of Executive Order which the applicant is primarily The APA requires that ‘‘publication or 12988, SBA has drafted this rule, to the engaged. service of a substantive rule shall be extent practicable, in accordance with (2) For 7(a) Business Loans under the made not less than 30 days before its the standards set forth in section 3 of Gulf Opportunity Pilot Loan ‘‘GO Loan’’ effective date, except * * * as that Order. Program, (applicable to business otherwise provided by the agency for This regulation will not have concerns located in, locating to, or re- good cause found and published with substantial direct effects on the States, locating in parishes or counties that the rule.’’ 5 U.S.C. 553(d)(3). SBA finds on the relationship between the national were declared disaster areas by the that good cause exists to make this final government and the States, or on the President as a result of the 2005 rule become effective on the same day distribution of power and responsibility Hurricanes Katrina or Rita, plus any it is published in the Federal Register. among the various levels of government. contiguous parishes or counties), an The purpose of the APA provision Therefore, under Executive Order applicant business concern must meet delaying the effective date of a rule for 13132, SBA determines that this rule either the size standard under paragraph 30 days after publication is to provide does not have sufficient federalism (a)(1) or the size standard under interested and affected members of the implications to warrant the preparation paragraph (b) of this section. public sufficient time to adjust their of a federalism assessment. * * * * * behavior before the rule takes effect. In Pursuant to § 608 of the Regulatory this case, however, the 30-day delay is Flexibility Act (RFA), SBA is delaying Dated: November 7, 2005. unnecessary because this interim final the preparation of a regulatory Hector V. Barreto, rule would not require businesses, flexibility analysis. As discussed above, Administrator. lenders or SBA to make significant SBA is promulgating this rule on an [FR Doc. 05–22569 Filed 11–10–05; 8:45 am] changes to their current procedures emergency basis, making timely BILLING CODE 8025–01–P

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SMALL BUSINESS ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Carl depending on the industry. This rule Jordan, Office of Size Standards, (202) would expand the pool of businesses 13 CFR Part 121 205–6618 or [email protected]. eligible for the SBG Program to include RIN 3245–AE81 SUPPLEMENTARY INFORMATION: those that are currently excluded because they exceed the $6 million SBG SBA’s Surety Bond Guarantee Program Small Business Size Standards; Surety size standard but are considered small and Current Size Standards Bond Guarantee Program under existing size standards for other SBA, through its Surety Bond purposes, such as the examples in this AGENCY: Small Business Administration. Guarantee (SBG) Program, can guarantee paragraph. ACTION: Interim final rule with request bid, performance and payment bonds The amended size standards under for comments. for contracts up to $2 million for small this interim final rule are applicable contractors who otherwise cannot until SBA determines that it is no longer SUMMARY: The U.S. Small Business obtain surety bonds without SBA’s necessary to expand the availability of Administration (SBA) is amending the guarantee. SBA’s guarantee gives SBG Program assistance for size eligibility criteria for its Surety sureties an incentive to provide bonding reconstruction and recovery of the Bond Guarantee (SBG) Program for for eligible contractors, and thereby Presidentially-declared disaster areas construction (general or special trades) strengthens a contractor’s ability to resulting from Hurricanes Katrina, Rita, or service concerns performing contracts obtain bonding and provides greater and Wilma. This interim final rule is a in the Presidentially-declared disaster access to contracting opportunities. A specific response to those natural areas resulting from the 2005 Hurricanes contractor applying for an SBA bond disasters. SBA is soliciting comments on Katrina, Rita, or Wilma. This rule guarantee must qualify as a small how long the amended size standards amends the SBG size standard for some business concern, in addition to meeting under this interim final rule should concerns by requiring them to meet the surety company’s bonding apply to construction and service either the size standard for the primary qualifications. Generally, under SBA’s concerns performing contracts or industry in which it, together with its current Small Business Size subcontracts in the specified disaster affiliates, is engaged, or the current $6 Regulations, businesses in construction areas. In particular, SBA is soliciting million standard for the SBG Program, and service industries can qualify as public comments on factors that would whichever is higher. The amended size small for the SBG Program if their indicate that the amended size standard applies only to construction average annual receipts, including those standards are no longer necessary and and service concerns seeking SBA- of their affiliates, for the last three fiscal the appropriate Agency action after SBA guaranteed surety bonds for contracts or years do not exceed $6 million (13 CFR determines that the amended size subcontracts, public or private, that are 121.301(d)(1) and 13 CFR 121.104(c)). standards have served the intended performed in the Presidentially-declared For all other types of business concerns, purpose. disaster areas resulting from the 2005 the concern must meet the size standard SBA continues to believe that its Hurricanes Katrina, Rita, or Wilma. for the primary industry in which it, current size standards for other small Surety companies with whom SBA has combined with its affiliates, is engaged business assistance programs executed a Preferred Surety Bond (PSB) (see 13 CFR 121.201 and appropriately define small business Agreement under 13 CFR part 115 will § 121.301(d)(2)). concerns. As described above, the be responsible for determining amended size standard for the SBG eligibility in compliance with this What This Interim Final Rule Program is being applied to a limited regulation. SBA surety bond personnel Accomplishes number of business concerns will be responsible for determining This interim final rule amends the performing construction or certain eligibility in compliance with this size standard applicable to a service contracts in limited geographical regulation for those surety guarantees construction or service concern seeking areas—the Presidentially-declared that require SBA’s prior approval. SBA an SBA-guaranteed surety bond by disaster areas. This interim rule does prepared this rule as an interim final requiring the concern to meet either the not change the size standards applicable rule because its immediate size standard for the industry in which to other small business programs, implementation will make available it, combined with its affiliates, is including size standards for Federal needed SBG Program assistance to primarily engaged, or the $6 million contracting. Therefore, this interim final otherwise eligible small businesses and standard, whichever is higher. The rule will have no effect on existing facilitate reconstruction and recovery of amended size standard applies only to Federal contracts, the pool of small the Gulf Coast and Florida. businesses with contracts that are businesses competing for Federal DATES: Effective Date: This regulation performed in the Presidentially-declared contracts, or the ability of Federal becomes effective on November 14, disaster areas resulting from the 2005 agencies to attain their small business 2005. Hurricanes Katrina, Rita, or Wilma. contracting goals. Comment Period: Comments must be The small business size standards for SBA has designed this rule so it will received by SBA on or before December industries in North American Industry not adversely affect any small 14, 2005. Classification System (NAICS) Sector businesses. Under this rule, a ADDRESSES: You may submit comments 23, Construction, are the following: (1) construction or service concern must identified by RIN 3245–AE81 through $28.5 million in average annual receipts meet either the size standard for its one of the following methods: (1) for building, heavy, and civil primary industry (when combined with Federal eRulemaking Portal: http:// engineering construction; (2) $17 its affiliates) or the current SBA $6 www.regulations.gov. Follow the million in average annual receipts for million standard, whichever is higher. instructions for submitting comments; dredging; and (3) $12 million in average This guarantees that concerns in service (2) Fax: (202) 205–6390; or (3) Mail/ annual receipts for special trade industries with size standards below $6 Hand Delivery/Courier: Gary M. contractors. Also, the existing small million retain their eligibility for the Jackson, Assistant Administrator for business size standards for service SBG Program. Most service industries Size Standards, 409 Third Street, SW., industries range from $3 million to $30 have a $6 million size standard, Mail Code 6530, Washington, DC 20416. million in average annual receipts, although some are higher, as stated

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above. There are a small number of Katrina, Rita, or Wilma. This rule Wilma are seeking and will be seeking other service industries, however, such enables these small businesses all over assistance through SBA’s programs and as NAICS 541330, Engineering Services, the country to assist other businesses obtaining Federal and non-Federal with size standards below $6 million. and individuals that need their services. contracts. Applying similar size Concerns operating in industries with eligibility criteria to the SBG Program Reasons for Limiting the Application of size standards below $6 million could will complement the assistance these This Amended SBG Size Standard to suffer adverse affects if the rule required other SBA programs and Federal Only Contracts and Subcontracts them only to meet the size standard for contracting provide. Performed in Certain Areas their primary industries, lower than the The SBA’s current Small Business size standard they now must meet for In the wake of Hurricanes Katrina, Size Regulations do permit, under the SBG Program. That would be Rita, and Wilma, public and private certain circumstances, a small contrary to the rule’s intent and SBA’s entities will spend significant amounts construction or service contractor with mission and goals. Under this rule, on recovery efforts for many years. annual receipts greater than $6 million those concerns operating in industries Much of this work will be for to qualify as eligible for its SBG with size standards below $6 million construction and services. The Federal Program. This occurs only when a remain eligible so long as their average Government is committed to facilitating construction or service concern meets annual receipts do not exceed the small business participation in the the size standard for the NAICS code current SBG $6 million standard. reconstruction and recovery efforts in that best describes the principal purpose Under the Small Business Act, 15 the Gulf Coast region and Florida. of the procurement (see 13 CFR U.S.C. 633(d) (Act), SBA has a statutory SBA recognizes that some 121.402(a)) and when it is the prime obligation to act in the public interest by construction or service contracts and contractor for the Federal procurement. establishing small business size subcontracts may be performed outside Section 121.305 provides ‘‘A concern standards to determine eligibility as a the Presidentially-declared disaster qualified as small for a particular small business concern for Federal areas that are connected (by varying procurement, including an 8(a) assistance. Pursuant to the Act, SBA has degrees) to reconstruction and recovery subcontract, is small for financial determined that immediate activities in the Gulf Coast and Florida. assistance directly and primarily implementation of this rule is in the However, SBA limited the application relating to the performance of the public interest and delaying its of this amended SBG size standard to particular procurement.’’ However, this application would be impracticable. only contracts and subcontracts provision only applies when the Failure to adopt this rule could work to performed in Presidentially-declared concern is a prime contractor with the the detriment of many small businesses. disaster areas because the limit is an Federal Government. A surety bond objective standard that sureties and SBA running to another obligee, other than Compliance With This Regulation can apply in a consistent and fair the Federal Government, such as a Surety companies with whom SBA manner. Furthermore, those contracts private owner, another contractor, a not- has executed a Preferred Surety Bond and subcontracts will have a direct for-profit entity, or non-Federal political (PSB) Agreement under 13 CFR part 115 impact on communities in the Gulf subdivision, is not eligible for SBA’s will be responsible for determining Coast and Florida because the guarantee under existing regulations eligibility in compliance with this reconstruction activities will restore the unless the contractor meets the SBG $6 regulation. They must determine that infrastructure and the service activities million size standard. the construction or service contracts will serve residents of affected areas. However, most SBA-guaranteed will be performed in the Presidentially- SBA believes that amending the SBG surety bonds are for contractors who are declared disaster areas resulting from Program’s $6 million size standard for not prime contractors with the Federal the 2005 Hurricanes Katrina, Rita, or construction and service concerns Government. Applying the industry size Wilma and sufficiently document that seeking SBA-guarantees will expand standards to non-Federal contracts bonded contracts meet this eligibility procurement opportunities for small enables small construction and service requirement (A list of parishes and businesses in the construction and concerns above $6 million in size to be counties declared disaster areas by the service industries, including local small equally as competitive for Federal President as a result of the hurricanes is businesses within the Presidentially- contracts as non-Federal contracts. To located at: http://www.sba.gov/ declared disaster areas, while limit access to the SGB Program to only disaster_recov/katrinafactsheets.html.) facilitating the reconstruction of the concerns with average annual receipts They must also determine that the affected areas and serving victims of that do not exceed $6 million, or to concern seeking this SBA-guaranteed Hurricanes Katrina, Rita, and Wilma. consider a size standard different from bonding assistance meets the applicable the industry size standards, would Reasons for Using the Size Standard for size standard for its primary industry likely limit small business opportunities the Primary Industry of the (when combined with its affiliates), or at a time when potential assistance is Construction or Service Concern as an has average annual receipts that do not most needed. exceed $6 million, whichever size Alternate Size Standard for the SBG standard is higher. SBA surety bond Program Justification for Publication as an personnel will be responsible for This interim final rule makes the size Interim Final Rule determining eligibility in compliance eligibility criteria for the SBG Program In general, SBA publishes a proposed with this regulation for those surety more consistent with other SBA rule for public comment before issuing guarantees that require SBA’s prior financial assistance programs. Both a final rule, in accordance with the approval and document their findings SBA’s 7(a) Business Loan Program and Administrative Procedure Act (APA) accordingly. Small businesses seeking its Disaster Assistance EIDL Program and SBA regulations. (5 U.S.C. 553 and such SBA assistance do not need to be determine size eligibility based on the 13 CFR 101.108). The APA provides an located in the disaster areas, provided primary industry in which the exception to the standard rulemaking they perform the contracts in the applicant, together with its affiliates, is process, however, when an agency finds Presidentially-declared disaster areas engaged. Many small businesses good cause to adopt a rule without prior resulting from the 2005 Hurricanes affected by Hurricanes Katrina, Rita, or public participation. (5 U.S.C.

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553(b)(3)(B)). The good cause four to six months. Such delay could with interested members of the public requirement is satisfied when prior have serious adverse affects on small and the need to quickly assist hurricane public participation is impracticable, businesses and the public in the disaster victims, that there is a strong interest in unnecessary, or contrary to the public area. Immediate access to SBA- immediate implementation of this rule. interest. Under those conditions, an guaranteed surety bonds can help SBA is aware of many entities that will agency may publish an interim final protect some small businesses that be assisted by the immediate adoption rule without first soliciting public might otherwise have to cease of this rule, many of those are small comment. operations before a rule could be businesses directly affected by the In the good cause exception to promulgated under standard notice and natural disasters. standard rulemaking procedures, comment rulemaking procedures. Congress recognized that emergencies Although SBA is publishing this rule Compliance With Executive Orders (such as the need for disaster assistance) as an interim final rule, the Agency 12866, 12988, and 13132, the might arise when an agency must issue requests interested parties to submit Regulatory Flexibility Act (5 U.S.C. a rule without prior public their comments to the amended size 601–612) and the Paperwork Reduction participation. On August 29, 2005, the standard. In particular, SBA welcomes Act (44 U.S.C. Ch. 35) President declared major disaster areas comments on how long the amended The Office of Management and Budget in Louisiana, Mississippi, and Alabama size standards under this interim final (OMB) has determined that this rule is in the aftermath of Hurricane Katrina. rule should apply to construction and a ‘‘significant regulatory action’’ under The President also declared major service concerns performing contracts or section 3(f) under Executive Order disaster areas in Louisiana and Texas subcontracts in the specified disaster 12866. A general discussion of the need after Hurricane Rita destroyed more of areas, factors SBA should consider for this regulatory action and its the Gulf Coast region and in Florida before determining that the size potential costs and benefits follows. after Hurricane Wilma. These natural standards are no longer necessary, and 1. Is There a Need for the Regulatory disasters have affected U.S. businesses the appropriate Agency action after SBA Action? in the declared disaster areas and across makes that determination. SBA must the Nation. Implementing this rule receive the comments on or before SBA’s statutory mission is to aid and immediately will support the economic December 14, 2005. SBA may then assist small businesses through a variety recovery of the Gulf Coast region and consider these comments in making any of financial, procurement, business Florida and is in the best interest of the necessary revisions to these regulations. development, and advocacy programs. public. Construction and service To effectively assist the intended Justification for Immediate Effective concerns affected by the disaster will be beneficiaries of these programs, SBA Date of Interim Final Rule more able to assist in the rebuilding and must establish distinct definitions of clean-up efforts, and in delivering much The APA requires that ‘‘publication or which businesses are deemed small needed services to disaster victims. This service of a substantive rule shall be businesses. The Small Business Act (15 rule will also assist small construction made not less than 30 days before its U.S.C. 632(a)) (Act) delegates to the SBA and service concerns not affected by the effective date, except * * * as Administrator the responsibility for disaster to provide disaster assistance in otherwise provided by the agency for establishing small business definitions. their industries. good cause found and published with The Act also requires that small The Federal Government and other the rule.’’ 5 U.S.C. 553(d)(3). SBA finds business definitions vary to reflect public and private entities are, and will that good cause exists to make this final industry differences, as necessary. be, contracting for clean-up activities, rule become effective on the same day As discussed in the above substantial reconstruction and other it is published in the Federal Register. supplemental information section, this services in the disaster areas. However, The purpose of the APA provision interim final rule is needed to expand some small construction and service delaying the effective date of a rule for eligibility for SBA’s SBG Program to concerns that had been able to obtain 30 days after publication is to provide construction and service contractors standard surety bonding before the interested and affected members of the participating in the reconstruction and disasters may now need SBA’s public sufficient time to adjust their recovery efforts of the Gulf Coast and guarantee because of their deteriorating behavior before the rule takes effect. In Florida. The amended size standard for financial conditions. This rule will this case, however, the 30-day delay is the SBG Program only applies to permit more businesses to qualify for unnecessary because this interim final contracts that are performed in the SBA-guaranteed surety bonds and rule would not require businesses, Presidentially-declared disaster areas perform contracts to help rebuild and sureties, or SBA to make significant resulting from the 2005 Hurricanes revitalize the Gulf Coast region and changes to their current procedures Katrina, Rita, or Wilma. This action will Florida. Strong small business when applying for, issuing, or assist construction and service concerns participation, in turn, will promote guaranteeing surety bonds. Sureties and located in the disaster areas and across economic recovery in the area. In the SBA would begin applying the new size the Nation by providing access to the public interest, this interim final rule eligibility criteria to businesses upon SBG Program and expanding would increase the number of small publication of this interim final rule. procurement opportunities for them. business participants in these efforts. Furthermore, SBA does not expect to Disaster victims will also benefit as Accordingly, SBA finds good cause to receive any comments from those small businesses help to rebuild their publish this rule as an interim final rule stakeholders in the SBG Program or communities. because of the urgent need to speed others opposing the immediate effective delivery of disaster assistance to the date of this interim final rule. SBA 2. What Are the Potential Benefits and affected area. Furthermore, advance included a proposal similar to this Costs of This Regulatory Action? solicitation of comments for this interim final rule in a proposed rule At this time, SBA cannot estimate the rulemaking would be impracticable and published on March 19, 2004 (69 FR number or value of contracts, Federal or contrary to the public interest because it 13129), and the Agency did not receive non-Federal, that small construction would delay delivery of critical any comments opposing it. Moreover, and service concerns will undertake to assistance to these businesses by at least SBA believes, based on its discussions rebuild the Gulf Coast and Florida

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following Hurricanes Katrina, Rita, or Businesses may also incur legal costs to which the rule will apply; a Wilma. SBA cannot estimate the associated with compliance. description of potential benefits of the number or value of contracts that will Both surety companies and SBA rule; the projected reporting record require surety bonds or the number or could incur additional administrative keeping and other compliance value of surety bonds that SBA will costs as a result of processing the requirements of the rule; the relevant guarantee. Nor can it estimate the increased volume of surety bond Federal rules which may duplicate, number of small businesses affected and applications and applications for the overlap or conflict with the rule; and not affected by the natural disasters that SBA-guarantee. There may be additional alternatives considered by SBA. will participate in the SBG Program administrative costs for PSB surety bond (1) What Is the Reason for This Action? after the publication of this rule. SBA companies because they must document does believe, however, that expanding the contractors’ eligibility for the SBA- As discussed in the above eligibility for its SBG Program will guaranteed surety bond under the supplemental information section, this provide the disaster victims with amended size standard. SBA rule provides immediate eligibility to significant and timely benefits when anticipates, however, that these construction and service contractors for and where the greatest needs exist. For additional administrative costs will be SBA’s SBG Program under the same example, disaster-affected small minimal because surety companies and small business size standards that apply business concerns can receive SBG SBA already perform these to all other SBG applicants. However, Program assistance to restart their administrative functions in the ordinary SBA will only guarantee surety bonds businesses. Other small business course of business. for contracts to eligible small concerns may qualify to contract for SBA anticipates little or no adverse construction or service concerns that more and larger surety bonds with effects on currently defined small will be performed in the Presidentially- SBA’s guarantee. businesses from the increase in the declared disaster areas resulting from SBA expects that this rule will lead to number of newly eligible small the 2005 Hurricanes Katrina, Rita, or an increase in the number of SBA- businesses. Potentially, a newly defined Wilma. guaranteed bonds. Although SBA does small business could obtain a contract Surety companies with whom SBA not anticipate loss rates changing that a currently defined small business has executed a Preferred Surety Bond significantly after this interim final rule may have received. SBA expects those (PSB) Agreement under 13 CFR part 115 becomes effective, the Government may cases to be few in number because the will be responsible for determining incur additional costs to honor its decision to award a contract is based on eligibility in compliance with this guarantee on a greater volume of (but many considerations. This rule regulation. SBA surety bond personnel stable percentage of) defaulted bonds. enhances the environment for small will be responsible for determining SBA must honor its guarantees to the construction and service concerns to eligibility in compliance with this sureties on defaulted bonds for the compete for opportunities and regulation for those surety guarantees percentage of loss that it guaranteed. strengthens their competitiveness that require SBA’s prior approval. Guaranteed amounts vary as follows: (1) related to contracts performed in the Under the PSB Program, 70 percent (this Presidentially-declared disaster areas (2) What Are the Objectives and Legal does not change); (2) under the prior resulting from the 2005 Hurricanes Basis for the Rule? approval program, contracts valued at Katrina, Rita, or Wilma. Section 3(a) of the Small Business Act $100,000 or less, or on behalf of a For purposes of Executive Order (15 U.S.C. 632(a)) gives SBA authority to concern owned by a socially and 12988, SBA has drafted this rule, to the establish and change size standards. economically disadvantaged individual, extent practicable, in accordance with SBA is using that discretionary 90 percent; and (3) for contracts in the standards set forth in section 3 of authority to provide SBG Program excess of $100,000 there is a gradually that Order. assistance to those who need it and to decreasing percentage, but the This regulation will not have those who can help with recovery and percentage does not fall below 80 substantial direct effects on the States, reconstruction. percent (13 CFR 115.31). For fiscal years on the relationship between the national SBA intends to provide immediate 2003, 2004 and 2005, SBA’s loss rates government and the States, or on the SBG Program assistance to construction were 1.8 percent, 1.3 percent and 1.6 distribution of power and responsibility and service contractors in the areas percent, respectively. SBA expects these among the various levels of government. affected by Hurricanes Katrina, Rita, or rates to remain stable even though the Therefore, under Executive Order Wilma. SBA intends also to provide volume of SBA-guaranteed surety bonds 13132, SBA determines that this rule SBG Program assistance to construction is expected to increase. does not have sufficient federalism and service contractors not directly Among businesses seeking SBA’s implications to warrant the preparation affected by the hurricanes, if their assistance through the SBG Program, of a federalism assessment. contracts or subcontracts are performed there could be additional costs for SBA has determined that this rule in the Presidentially-declared disaster professional time required to complete does not impose any new information areas resulting from the 2005 Hurricanes applications for the surety and the SBA collection requirements from SBA that Katrina, Rita, or Wilma. guarantee. Businesses also incur costs require approval by OMB under the through payment of fees to participate Paperwork Reduction Act of 1980, 44 (3) What Is SBA’s Description and in the SBG Program. Contractors pay a U.S.C. Ch. 35. Estimate of the Number of Small fee of $6 per $1,000 of the contract Under the Regulatory Flexibility Act Entities To Which the Rule Will Apply? value, which the surety companies (RFA), this rule may have a significant This rule applies to all construction remit to SBA. (13 CFR 115.32). impact on a substantial number of small (general and special trades) and service Although there have been no protests of entities. Immediately below, SBA sets concerns that meet the amended size a SBG Program participant’s small forth an initial regulatory flexibility standard and perform contracts that are business status in the last five years, at analysis (IRFA) addressing the reasons performed in the Presidentially-declared least, businesses could also incur legal for promulgating the rule; the objectives disaster areas resulting from the 2005 costs associated with defending of this rule; SBA’s descriptions and Hurricanes Katrina, Rita, or Wilma. SBA themselves against size protests. estimate of the number of small entities is issuing this interim final rule without

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estimating the number of small entities This rule will not provide assistance (7) What Alternatives Did SBA affected by this interim final rule in the under SBA’s 7(a) Guaranteed Loan Consider? interest of assisting disaster victims and Program, or any other program. This One alternative to this rule would be providing immediate opportunities for rule does not amend or otherwise to leave the SBG Program size standard small businesses to participate in the modify the small business size standard unchanged. However, given the recovery efforts. The scope of this for any other SBA programs, including immediacy and anticipated extent of the amended size standard is limited to its 7(a) Guaranteed Loan and Disaster need at hand, SBA believes this would contracts performed in the Assistance EIDL Programs. However, it not be in the best interests of disaster Presidentially-declared disaster areas will enable businesses to obtain SBA- victims. resulting from the 2005 Hurricanes guaranteed surety bonding that may Another alternative is to issue a Katrina, Rita, or Wilma. It is likely that work hand-in-hand with SBA’s Business proposed rule. However, as stated most construction and service concerns Loan and EIDL Programs, for those that above, that process could conceivably that will benefit from this rule will also apply for and receive financial take at least four to six months before be located in the Gulf Coast states and assistance under one or both of them. any final action would occur. This too, Florida. SBA welcomes comments could be harmful to small businesses (5) Will This Rule Impose Any describing the types and number of who may be forced to cease operations Additional Reporting or Recordkeeping small entities that this rule will affect. before the final rule could be published. Requirements on Small Businesses? (4) Description of Potential Benefits of Also, delayed reconstruction efforts the Rule This rule does not impose any new would not be in the best interests of information collection requirements disaster victims. This interim final rule The most significant benefits of this under the Paperwork Reduction Act of will provide immediate assistance rule will flow to small businesses and 1980, 44 U.S.C. Ch. 35. A new size where needed and at the same time victims of Hurricanes Katrina, Rita, or standard does not impose any provide opportunity for interested Wilma in the Gulf Coast region of the additional reporting, recordkeeping or parties to comment on the rule. United States and Florida. Many small compliance requirements on small construction and service contractors List of Subjects in 13 CFR Part 121 entities. Increasing size standards were not eligible for SBG assistance Government procurement—business, expands access to SBA programs that before this rule because their annual Loan programs—business, Disaster assist small businesses, but does not receipts exceeded $6 million. Under this assistance loans, Reporting and impose a regulatory burden because interim final rule, they are eligible if recordkeeping requirements, Small small business size standards neither they (together with their affiliates) meet business. regulate nor control business behavior. the small business size standards for I For reasons set forth in the preamble, their primary industries or the current (6) What Are the Relevant Federal Rules amend part 121 of title 13 Code of SBG $6 million standard, whichever is Which May Duplicate, Overlap or Federal Regulations as follows: higher. Small construction and service Conflict With This Rule? contractors not directly affected by the PART 121—SMALL BUSINESS SIZE hurricanes, but that can provide This rule affects only SBA’s SBG REGULATIONS assistance, are similarly eligible now if Program. This rule does not overlap they (together with their affiliates) meet with other Federal rules that use SBA’s I 1. The authority citation for part 121 the small business size standards for size standards to define a small is revised to read as follows: their primary industries or the current business. Under section 632(a)(2)(C) of Authority: 15 U.S.C. 632, 634(b)(6), 636(b), SBG $6 million standard, whichever is the Small Business Act, unless 637(a), 644, and 662(5); and Pub. L. 105–135, higher. In the end, hurricane victims specifically authorized by statute, sec. 401 et seq., 111 Stat. 2592. will benefit the most. Federal agencies must use SBA’s size I 2. Amend § 121.301 by revising SBA cannot estimate of the number or standards to define a small business. In paragraph (d)(1) and adding paragraph value of contracts, whether Federal or 1995, SBA published in the Federal (d)(3) to read as follows: non-Federal, that they will receive. Nor Register a list of statutory and regulatory size standards that identified § 121.301 What size standards are can we estimate the number of small applicable to financial assistance businesses affected and not affected by the application of SBA’s size standards programs? as well as other size standards used by the disaster that will benefit. SBA does * * * * * believe, however, that the increase in Federal agencies (60 FR 57988–57991, November 24, 1995). SBA is not aware (d) * * * eligibility for its SBG Program will (1) Any construction (general or of any Federal rule that would duplicate provide the disaster victims with special trade) concern or concern or conflict with this rule. significant and timely benefits. Disaster- performing a contract for services is affected small business concerns can This regulation will not impact other small if, together with its affiliates, its receive SBG Program assistance to Federal programs that use its size average annual receipts do not exceed restart their businesses. Other small standards. When a Federal agency $6.0 million, except as provided in business concerns may qualify for more believes that an SBA-established size § 121.301(d)(3). and larger contracts and surety bonds standard is not appropriate for its (2) * * * with SBA’s guarantee. programs, the Small Business Act and (3) For any contract or subcontract, This rule does not affect other than SBA’s regulations allows that agency to public or private, to be performed in the small businesses. However, entities that develop different size standards, subject Presidentially-declared disaster areas are not small businesses, such as not- to the approval of the SBA resulting from the 2005 Hurricanes for-profit entities, cities, towns, and Administrator. (13 CFR 121.902). For a Katrina, Rita, or Wilma, the construction other political subdivisions, can be regulatory flexibility analysis, agencies (general or special trade) concern or beneficiaries of the reconstruction and must consult with SBA’s Office of concern performing a contract for services that small businesses will Advocacy when developing different services is small if it meets the size provide. size standards for their programs. standard for the primary industry in

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which it, together with its affiliates, is Investment Rates for EDA Planning a regulatory flexibility analysis has not engaged, or if it meets the size standard Investments. been prepared. set forth in paragraph (d)(1), whichever FOR FURTHER INFORMATION CONTACT: Executive Order No. 12866 is higher. Hina Shaikh, Attorney Advisor, Office * * * * * It has been determined that this final of Chief Counsel, Economic rule is not significant for purposes of Dated: November 8, 2005. Development Administration, Executive Order 12866. Hector V. Barreto, Department of Commerce, Room 7005, Administrator. 1401 Constitution Avenue, NW., Congressional Review Act [FR Doc. 05–22570 Filed 11–10–05; 8:45 am] Washington DC 20230; telephone: (202) This final rule is not ‘‘major’’ under BILLING CODE 8025–01–P 482–4687. the Congressional Review Act (5 U.S.C. SUPPLEMENTARY INFORMATION: EDA 801 et seq.). published an interim final rule in the Executive Order No. 13132 Federal Register (70 FR 47002) on DEPARTMENT OF COMMERCE Executive Order 13132 requires August 11, 2005. The interim final rule agencies to develop an accountable reflects the amendments made to EDA’s Economic Development Administration process to ensure ‘‘meaningful and authorizing statute, the Public Works timely input by State and local officials and Economic Development Act of 1965 13 CFR Parts 301 and 304 in the development of regulatory (42 U.S.C. 3121 et seq.) (‘‘PWEDA’’), by policies that have federalism [Docket No.: 0507–29210–5294–03] the Economic Development implications.’’ ‘‘Policies that have Reauthorization Act of 2004 (Pub. L. federalism implications’’ is defined in RIN 0610–AA63 108–373). In addition to tracking the Executive Order 13132 to include statutory amendments to PWEDA, the Economic Development Administration regulations that have ‘‘substantial direct interim final rule reflects EDA’s current Reauthorization Act of 2004 effects on the States, on the relationship practices and policies in administering Implementation; Regulatory Revision between the national government and its economic development programs the States, or on the distribution of that have evolved since the AGENCY: Economic Development power and responsibilities among the promulgation of EDA’s former Administration, Department of various levels of government.’’ It has regulations. The interim final rule also Commerce. been determined that this final rule does provides for a public comment period. ACTION: Final rule; delay of effective not contain policies that have date of certain provisions. On September 30, 2005, EDA federalism implications. published a final rule in the Federal SUMMARY: On August 11, 2005, the Register (70 FR 57124) delaying the Dated: November 7, 2005. Economic Development Administration effective date of certain provisions in Benjamin Erulkar, (‘‘EDA’’) published an interim final rule the interim final rule from October 1, Chief Counsel, Economic Development in the Federal Register. On September 2005 until November 14, 2005. The Administration. 30, 2005, EDA published a final rule in September 30, 2005 final rule also [FR Doc. 05–22546 Filed 11–10–05; 8:45 am] the Federal Register delaying the extended the deadline for submitting BILLING CODE 3510–24–P effective date of certain provisions of public comments on the interim final the interim final rule from October 1, rule from October 11, 2005 until 2005 until November 14, 2005. The November 14, 2005. All other provisions DEPARTMENT OF TRANSPORTATION September 30, 2005 final rule also of the interim final rule became effective extended the deadline for submitting on October 1, 2005. Federal Aviation Administration public comments on the interim final This final rule delays the effective rule from October 11, 2005 until date of the provisions specified in the 14 CFR Part 25 November 14, 2005. This final rule DATES section pertaining to EDA’s [Docket No. NM335; Special Conditions No. further delays the effective date of Planning Investment Rates and District 25–307–SC] certain provisions of the interim final Organizations from November 14, 2005 rule from November 14, 2005 until until January 31, 2006. This delay in Special Conditions: Cessna Model 650 January 31, 2006. This delay in effective effective date is necessary to provide Airplanes; High-Intensity Radiated date is necessary to provide additional additional time for EDA to consider Fields (HIRF) time for EDA to consider comments comments received concerning certain AGENCY: Federal Aviation received concerning certain provisions provisions of the interim final rule, as Administration (FAA), DOT. of the interim final rule, as well for EDA well for EDA to address matters ACTION: to address matters pertaining to the Final special conditions; request pertaining to the effective for comments. effective implementation of the interim implementation of the interim final rule. final rule. Capitalized terms used but SUMMARY: These special conditions are Classification not otherwise defined in this final rule issued for Cessna Model 650 airplanes have the meanings ascribed to them in Prior notice and opportunity for modified by Elliott Aviation Technical the interim final rule. public comment are not required for Product Development, Inc. These DATES: The effective date of the rules concerning public property, loans, modified airplanes will have a novel or following provisions of the interim final grants, benefits, and contracts (5 U.S.C. unusual design feature when compared rule is delayed from November 14, 2005 553(a)(2)). Because prior notice and an to the state of technology envisioned in until January 31, 2006: (i) Section opportunity for public comment are not the airworthiness standards for 304.2(c)(2), pertaining to membership of required pursuant to 5 U.S.C. 553 or any transport category airplanes. The a District Organization’s governing other law, the analytical requirements of modification incorporates the body; and (ii) Section 301.4, as the the Regulatory Flexibility Act (5 U.S.C. installation of electronic flight display provisions of this section relate to 601 et seq.) are inapplicable. Therefore, systems manufactured by Universal

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Avionics Systems Corporation. The report summarizing each substantive Amendment 25–1 through Amendment electronic flight display systems public contact with FAA personnel 25–39; §§ 25.901(c) and 25.1199 as perform critical functions. The concerning these special conditions. amended by Amendment 25–1 through applicable airworthiness regulations do You may inspect the docket before and Amendment 25–40; §§ 25.1309 and not contain adequate or appropriate after the comment closing date. If you 25.1351(d) as amended by Amendment safety standards for the protection of wish to review the docket in person, go 25–1 through Amendment 25–41; these systems from the effects of high- to the address in the ADDRESSES section §§ 25.177, 25.255, and 25.703 as intensity radiated fields (HIRF). These of this preamble between 7:30 a.m. and amended by Amendment 25–1 through special conditions contain the 4 p.m., Monday through Friday, except Amendment 25–42; § 25.1326 as additional safety standards that the Federal holidays. amended by Amendment 25–1 through Administrator considers necessary to We will consider all comments we Amendment 25–43; § 25.1413 as establish a level of safety equivalent to receive on or before the closing date for amended by Amendment 25–1 through that established by the existing comments. We will consider comments Amendment 25–44; §§ 25.1305 and airworthiness standards. filed late if it is possible to do so 25.1529 as amended by Amendment 25– DATES: The effective date of these without incurring expense or delay. We 1 through Amendment 25–54. In special conditions is November 3, 2005. may change these special conditions addition, the certification basis includes We must receive your comments by based on the comments we receive. certain special conditions, exemptions, December 14, 2005. If you want the FAA to acknowledge equivalent levels of safety, or later receipt of your comments on these amended sections of the applicable part ADDRESSES: You must mail two copies special conditions, include with your 25 that are not relevant to these special of your comments to: Federal Aviation comments a pre-addressed, stamped Administration, Transport Airplane conditions. postcard on which the docket number If the Administrator finds that the Directorate, Attention: Rules Docket appears. We will stamp the date on the applicable airworthiness regulations (ANM–113), Docket No. NM335, 1601 postcard and mail it back to you. (i.e., part 25, as amended) do not Lind Avenue, SW., Renton, Washington Background contain adequate or appropriate safety 98055–4056. You may deliver two standards for the Cessna Model 650 copies to the Transport Airplane On August 18, 2005, Elliott Aviation airplanes because of a novel or unusual Directorate at the above address. You Technical Product Development, Inc., design feature, special conditions are must mark your comments: Docket No. Quad City Airport, PO Box 100, Moline, prescribed under § 21.16. NM335. You can inspect comments in Illinois 61266, applied for a In addition to the applicable the Rules Docket weekdays, except Supplemental Type Certificate (STC) to airworthiness regulations and special Federal Holidays, between 7:30 a.m. and modify Cessna Model 650 airplanes. conditions, the Cessna Model 650 4 p.m. These models are currently approved airplanes must comply with the fuel FOR FURTHER INFORMATION CONTACT: Greg under Type Certificate No. A9NM. The vent and exhaust emission requirements Dunn, FAA, Airplane and Flight Crew Cessna Model 650 is a small transport of 14 CFR part 34 and the noise Interface Branch, ANM–111, Transport category airplane. The Cessna Model certification requirements of 14 CFR Airplane Directorate, Aircraft 650 airplanes are powered by two part 36. Certification Service, 1601 Lind turbine engines, with maximum takeoff Special conditions, as defined in 14 Avenue, SW., Renton, Washington weights of up to 23,000 pounds. These CFR 11.19, are issued under § 11.38 and 98055–4056; telephone (425) 227–2799; airplanes operate with a 2-person crew become part of the type certification facsimile (425) 227–1320. and can seat up to 13 passengers. The basis under § 21.101. SUPPLEMENTARY INFORMATION: modification incorporates the Special conditions are initially installation of electronic flight display applicable to the model for which they Comments Invited systems manufactured by Universal are issued. Should Elliott Aviation The FAA has determined that notice Avionics Systems Corporation. The Technical Product Development, Inc. and opportunity for prior public avionics/electronics and electrical apply at a later date for a supplemental comment is impracticable because these systems installed in this airplane have type certificate to modify any other procedures would significantly delay the potential to be vulnerable to high- model included on Type Certificate No. certification of the airplane and thus intensity radiated fields (HIRF) external A9NM to incorporate the same or delivery of the affected aircraft. In to the airplane. similar novel or unusual design feature, addition, the substance of these special these special conditions would also Type Certification Basis conditions has been subject to the apply to the other model under § 21.101. public comment process in several prior Under the provisions of 14 CFR instances with no substantive comments 21.101, Elliott Aviation Technical Novel or Unusual Design Features received. The FAA therefore finds that Product Development, Inc. must show As noted earlier, the Cessna Model good cause exists for making these that the Cessna Model 650, as changed, 650 airplanes modified by Elliott special conditions effective upon continues to meet the applicable Aviation Technical Product issuance; however, we invite interested provisions of the regulations Development, Inc. will incorporate people to take part in this rulemaking by incorporated by reference in Type electronic flight display systems. These sending written comments, data, or Certificate No. A9NM, or the applicable systems may be vulnerable to high- views. The most helpful comments regulations in effect on the date of intensity radiated fields external to the reference a specific portion of the application for the change. The airplane. The current airworthiness special conditions, explain the reason regulations incorporated by reference in standards of part 25 do not contain for any recommended change, and the type certificate are commonly adequate or appropriate safety standards include supporting data. We ask that referred to as the ‘‘original type for the protection of this equipment you send us two copies of written certification basis.’’ The certification from the adverse effects of HIRF. comments. basis for the Cessna Model 650 airplanes Accordingly, these systems are We will file in the docket all includes part 25 of 14 CFR effective considered to be a novel or unusual comments we receive, as well as a February 1, 1965, as amended by design feature.

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Discussion Field strength special conditions upon issuance. The Frequency (volts per meter) FAA is requesting comments to allow There is no specific regulation that interested persons to submit views that Peak Average addresses protection requirements for may not have been submitted in electrical and electronic systems from 10 kHz–100 kHz ...... 50 50 response to the prior opportunities for HIRF. Increased power levels from 100 kHz–500 kHz ..... 50 50 comment described above. ground-based radio transmitters and the 500 kHz–2 MHz ...... 50 50 growing use of sensitive avionics/ 2 MHz–30 MHz ...... 100 100 List of Subjects in 14 CFR Part 25 electronics and electrical systems to 30 MHz–70 MHz ...... 50 50 command and control airplanes have 70 MHz–100 MHz ..... 50 50 Aircraft, Aviation safety, Reporting made it necessary to provide adequate 100 MHz–200 MHz ... 100 100 and recordkeeping requirements. protection. 200 MHz–400 MHz ... 100 100 400 MHz–700 MHz ... 700 50 I The authority citation for these To ensure that a level of safety is 700 MHz–1 GHz ...... 700 100 special conditions is as follows: achieved equivalent to that intended by 1 GHz–2 GHz ...... 2000 200 the regulations incorporated by 2 GHz–4 GHz ...... 3000 200 Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704. reference, special conditions are needed 4 GHz–6 GHz ...... 3000 200 6 GHz–8 GHz ...... 1000 200 for the Cessna Model 650 airplanes 8 GHz–12 GHz ...... 3000 300 The Special Conditions modified by Elliott Aviation Technical 12 GHz–18 GHz ...... 2000 200 I Product Development, Inc. These 18 GHz–40 GHz ...... 600 200 Accordingly, pursuant to the authority special conditions require that new delegated to me by the Administrator, The field strengths are expressed in terms the following special conditions are avionics/electronics and electrical of peak of the root-mean-square (rms) over systems that perform critical functions the complete modulation period. issued as part of the supplemental type be designed and installed to preclude certification basis for the Cessna Model The threat levels identified above are component damage and interruption of 650 airplanes modified by Elliott the result of an FAA review of existing function due to both the direct and Aviation Technical Product studies on the subject of HIRF, in light indirect effects of HIRF. Development, Inc. of the ongoing work of the High-Intensity Radiated Fields (HIRF) Electromagnetic Effects Harmonization 1. Protection from Unwanted Effects Working Group of the Aviation of High-Intensity Radiated Fields With the trend toward increased Rulemaking Advisory Committee. (HIRF). Each electrical and electronic power levels from ground-based system that performs critical functions Applicability transmitters, and the advent of space must be designed and installed to and satellite communications coupled As discussed above, these special ensure that the operation and with electronic command and control of conditions are applicable to Cessna operational capability of these systems the airplane, the immunity of critical Model 650 airplanes modified by Elliott to perform critical functions are not avionics/electronics and electrical Aviation Technical Product adversely affected when the airplane is Development, Inc. Should Elliott systems to HIRF must be established. exposed to high-intensity radiated Aviation Technical Product It is not possible to precisely define fields. Development, Inc. apply at a later date the HIRF to which the airplane will be for a supplemental type certificate to 2. For the purpose of these special exposed in service. There is also modify any other model included on conditions, the following definition uncertainty concerning the effectiveness Type Certificate No. A9NM to applies: Critical Functions: Functions of airframe shielding for HIRF. incorporate the same or similar novel or whose failure would contribute to or Furthermore, coupling of unusual design feature, these special cause a failure condition that would electromagnetic energy to cockpit- conditions would apply to that model as installed equipment through the cockpit prevent the continued safe flight and well under provisions of § 21.101. window apertures is undefined. Based landing of the airplane. on surveys and analysis of existing HIRF Conclusion Issued in Renton, Washington, on emitters, an adequate level of protection This action affects only certain novel November 3, 2005. exists when compliance with the HIRF or unusual design features on Cessna Ali Bahrami, protection special condition is shown Model 650 airplanes modified by Elliott Manager, Transport Airplane Directorate, with either paragraph 1 or 2 below: Aviation Technical Product Aircraft Certification Service. 1. A minimum threat of 100 volts rms Development, Inc. It is not a rule of [FR Doc. 05–22521 Filed 11–10–05; 8:45 am] (root-mean-square) per meter electric general applicability and affects only BILLING CODE 4910–13–P field strength from 10 KHz to 18 GHz. the applicant who applied to the FAA a. The threat must be applied to the for approval of these features on the system elements and their associated airplane. wiring harnesses without the benefit of The substance of these special airframe shielding. conditions has been subjected to the notice and comment procedure in b. Demonstration of this level of several prior instances and has been protection is established through system derived without substantive change tests and analysis. from those previously issued. Because a 2. A threat external to the airframe of delay would significantly affect the the field strengths identified in the table certification of the airplane, which is below for the frequency ranges imminent, the FAA has determined that indicated. Both peak and average field prior public notice and comment are strength components from the table are unnecessary and impracticable, and to be demonstrated. good cause exists for adopting these

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DEPARTMENT OF TRANSPORTATION SW., Nassif Building, room PL–401, specified in paragraph (k) of the NPRM. Washington, DC. The commenter states that the Federal Aviation Administration Contact Airbus, 1 Rond Point Maurice inspection of hole T is not required if Bellonte, 31707 Blagnac Cedex, France, ‘‘any cracking is found’’ but is required 14 CFR Part 39 for service information identified in this only if cracking is found at hole G. AD. We agree with the commenter that the [Docket No. FAA–2005–22110; Directorate FOR FURTHER INFORMATION CONTACT: Dan inspection of hole T is required only if Identifier 2004–NM–205–AD; Amendment Rodina, Aerospace Engineer, 39–14366; AD 2005–23–08] cracking is found at hole G. As specified International Branch, ANM–116, FAA, in the Accomplishment Instructions of RIN 2120–AA64 Transport Airplane Directorate, 1601 Airbus Service Bulletin A300–57–6086, Lind Avenue, SW., Renton, Washington Revision 01, dated April 2, 2002 (which Airworthiness Directives; Airbus Model 98055–4056; telephone (425) 227–2125; is referenced as the appropriate source A300 B4–600 and A300 B4–600R Series fax (425) 227–1149. of service information for accomplishing Airplanes; and A300 F4–605R and SUPPLEMENTARY INFORMATION: the required actions for certain A300 C4–605R Variant F Airplanes Examining the Docket airplanes), the inspection of hole T is applicable only if cracking is found at AGENCY: Federal Aviation You may examine the airworthiness hole G. For clarity, we have revised Administration (FAA), Department of directive (AD) docket on the Internet at paragraph (k) of the final rule. Transportation (DOT). http://dms.dot.gov or in person at the ACTION: Final rule. Docket Management Facility office Clarification of Service Bulletin between 9 a.m. and 5 p.m., Monday References SUMMARY: The FAA is superseding an through Friday, except Federal holidays. We have revised certain references to existing airworthiness directive (AD), The Docket Management Facility office which applies to all Airbus Model A300 the service bulletins for clarity. We have (telephone (800) 647–5227) is located on clarified that the actions specified in B4–600 and A300 B4–600R series the plaza level of the Nassif Building at airplanes, and all Model A300 F4–605R paragraphs (j) and (k) of the final rule the street address stated in the are done in accordance with the airplanes. That AD currently requires ADDRESSES section. repetitive inspections to detect cracks of Accomplishment Instructions of Airbus certain attachment holes, installation of Discussion Service Bulletin A300–57–6086, new fasteners, follow-on inspections or The FAA issued a notice of proposed Revision 01, dated April 2, 2002. We repair if necessary, and modification of rulemaking (NPRM) to amend 14 CFR have also clarified that the the angle fittings of fuselage frame FR47. part 39 to include an AD that modifications specified in paragraph (l) This new AD revises certain inspection supersedes AD 2002–11–04, amendment of the final rule are done in accordance thresholds and intervals. This new AD 39–12765 (67 FR 38193, June 3, 2002). with the Accomplishment Instructions also adds inspections to detect cracks of The existing AD applies to all Airbus of Airbus Service Bulletin A300–57– additional attachment holes. This AD Model A300 B4–600 and A300 B4–600R 6050, Revision 03, dated May 31, 2001. results from reports of cracks found series airplanes, and all Model A300 Clarification of Alternative Method of before the inspection thresholds in the F4–605R airplanes. That NPRM was Compliance (AMOC) Paragraph existing AD and cracks found in nearby published in the Federal Register on areas not inspected by the existing AD. August 16, 2005 (70 FR 48085). That We have revised this action to clarify We are issuing this AD to prevent NPRM proposed to continue to require the appropriate procedure for notifying fatigue cracking of the forward fitting of repetitive inspections to detect cracks of the principal inspector before using any fuselage frame FR47, which could result certain attachment holes, installation of approved AMOC on any airplane to in reduced structural integrity of the new fasteners, follow-on inspections or which the AMOC applies. frame. repair if necessary, and modification of Conclusion the angle fittings of fuselage frame FR47. DATES: This AD becomes effective We have carefully reviewed the December 19, 2005. That NPRM also proposed to revise certain inspection thresholds and available data, including the comment The Director of the Federal Register that has been received, and determined approved the incorporation by reference intervals and add inspections to detect cracks of additional attachment holes. that air safety and the public interest of certain publications listed in the AD require adopting the AD with the as of December 19, 2005. Comments changes described previously. We have On July 8, 2002 (67 FR 38193, June 3, We provided the public the determined that these changes will 2002), the Director of the Federal opportunity to participate in the neither increase the economic burden Register approved the incorporation by development of this AD. We have on any operator nor increase the scope reference of Airbus Service Bulletin considered the comment that has been of the AD. A300–57–6086, dated June 6, 2000. received on the NPRM. Costs of Compliance ADDRESSES: You may examine the AD docket on the Internet at http:// Request To Clarify Inspection in The following table provides the dms.dot.gov or in person at the Docket Paragraph (k) estimated costs for U.S. operators to Management Facility, U.S. Department One commenter, the manufacturer, comply with this AD. This AD will of Transportation, 400 Seventh Street, requests that we clarify the inspection affect about 74 airplanes of U.S. registry.

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ESTIMATED COSTS

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

Inspection per Airbus Service 13 $65 $0 $845 ...... $62,530, per inspection cycle. Bulletin A300–57–6049. Inspection per Airbus Service 30 65 6,637–19,091 $8,587–$21,041, per inspec- $635,438–$1,557,034, per in- Bulletin A300–57–6086. tion cycle. spection cycle. Modification per Airbus Serv- 65–365 65 3,370 $7,595–$27,095 ...... $562,030–$2,005,030. ice Bulletin A300–57–6050.

Authority for This Rulemaking List of Subjects in 14 CFR Part 39 Compliance Air transportation, Aircraft, Aviation (e) You are responsible for having the Title 49 of the United States Code actions required by this AD performed within specifies the FAA’s authority to issue safety, Incorporation by reference, the compliance times specified, unless the rules on aviation safety. Subtitle I, Safety. actions have already been done. Section 106, describes the authority of Adoption of the Amendment Inspections for Attachment Holes on the the FAA Administrator. Subtitle VII, Internal Angles of the Wing Center Box, and Aviation Programs, describes in more I Accordingly, under the authority Corrective Action detail the scope of the Agency’s delegated to me by the Administrator, (f) Perform a rotating probe inspection to authority. the FAA amends 14 CFR part 39 as detect cracking of the applicable attachment We are issuing this rulemaking under follows: holes on the left and right internal angles of the authority described in Subtitle VII, the wing center box in accordance with the PART 39—AIRWORTHINESS Accomplishment Instructions of Airbus Part A, Subpart III, Section 44701, DIRECTIVES Service Bulletin A300–57–6049, Revision 06, ‘‘General requirements.’’ Under that dated July 15, 2004. Do the inspection at the section, Congress charges the FAA with I 1. The authority citation for part 39 applicable time specified by paragraph promoting safe flight of civil aircraft in continues to read as follows: 1.E.(2), Accomplishment Timescale, of Revision 06 of the service bulletin, except as air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. for practices, methods, and procedures required by paragraph (m) of this AD. Repeat the Administrator finds necessary for § 39.13 [Amended] the rotating probe inspection specified in this paragraph thereafter at intervals not to safety in air commerce. This regulation I 2. The Federal Aviation exceed the applicable interval specified in is within the scope of that authority Administration (FAA) amends § 39.13 Revision 06 of the service bulletin, except because it addresses an unsafe condition by removing amendment 39–12765 (67 that all touch-and-go landings must be that is likely to exist or develop on FR 38193, June 3, 2002) and by adding counted in determining the total number of products identified in this rulemaking the following new airworthiness flight cycles between consecutive action. inspections. directive (AD): (g) If no cracking is found during any Regulatory Findings 2005–23–08 Airbus: Amendment 39–14366. inspection required by paragraph (f) of this Docket No. FAA–2005–22110; AD: Prior to further flight, install new We have determined that this AD will Directorate Identifier 2004–NM–205–AD. fasteners in accordance with the Accomplishment Instructions of Airbus not have federalism implications under Effective Date Executive Order 13132. This AD will Service Bulletin A300–57–6049, Revision 06, not have a substantial direct effect on (a) This AD becomes effective December dated July 15, 2004. 19, 2005. (h) If any cracking is found during any the States, on the relationship between inspection required by paragraph (f) of this Affected ADs the national government and the States, AD: Prior to further flight, perform applicable or on the distribution of power and (b) This AD supersedes AD 2002–11–04. corrective actions (including reaming, responsibilities among the various drilling, drill-stopping holes, chamfering, Applicability levels of government. performing follow-on inspections, and (c) This AD applies to Airbus Model A300 For the reasons discussed above, I installing new or oversize fasteners) in B4–601, B4–603, B4–620, and B4–622 accordance with the Accomplishment certify that this AD: airplanes; Model A300 B4–605R and B4– Instructions of Airbus Service Bulletin A300– (1) Is not a ‘‘significant regulatory 622R airplanes; Model A300 F4–605R 57–6049, Revision 06, dated July 15, 2004, action’’ under Executive Order 12866; airplanes; and Model A300 C4–605R Variant except as required by paragraph (n) of this F airplanes; certificated in any category; AD. (2) Is not a ‘‘significant rule’’ under except airplanes on which Airbus DOT Regulatory Policies and Procedures Modification 12171 or 12249 has been Inspections for Attachment Holes in the (44 FR 11034, February 26, 1979); and accomplished or on which Airbus Service Horizontal Flange of the Internal Corner Bulletin A300–57–6069 has been Angle Fitting of Fuselage Frame FR47, and (3) Will not have a significant accomplished. Corrective Action economic impact, positive or negative, (i) Perform a rotating probe inspection to on a substantial number of small entities Unsafe Condition detect cracking of the applicable attachment under the criteria of the Regulatory (d) This AD was prompted by reports of holes in the horizontal flange of the internal Flexibility Act. cracks found before the inspection thresholds corner angle fitting of fuselage frame FR47, in the existing AD and cracks found in We prepared a regulatory evaluation in accordance with the Accomplishment nearby areas not inspected by the existing Instructions of Airbus Service Bulletin A300– of the estimated costs to comply with AD. We are issuing this AD to prevent fatigue 57–6086, Revision 01, dated April 2, 2002. this AD and placed it in the AD docket. cracking of the forward fitting of fuselage Do the inspection at the applicable time See the ADDRESSES section for a location frame FR47, which could result in reduced specified in paragraph 1.E., Compliance, of to examine the regulatory evaluation. structural integrity of the frame. Airbus Service Bulletin A300–57–6086,

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Revision 01, dated April 2, 2002, except as (n) If any crack is detected during any that are required by this AD, unless the AD provided by paragraph (m) of this AD; or inspection required by this AD, and the specifies otherwise. within 1,500 flight cycles after July 8, 2002 applicable service bulletin specifies to (1) The Director of the Federal Register (the effective date of AD 2002–11–04, contact the manufacturer for disposition of approved the incorporation by reference of amendment 39–12765); whichever occurs certain corrective actions: Prior to further the service bulletins listed in Table 2 of this later. Repeat the rotating probe inspection flight, repair in accordance with a method AD in accordance with 5 U.S.C. 552(a) and specified in this paragraph thereafter at approved by either the Manager, 1 CFR part 51. International Branch, ANM–116, Transport intervals not to exceed the applicable interval (2) On July 8, 2002 (67 FR 38193, June 3, Airplane Directorate, FAA; or the Direction specified in Airbus Service Bulletin A300– 2002), the Director of the Federal Register 57–6086, dated June 6, 2000, except that all Ge´ne´rale de l’Aviation Civile (DGAC) (or its delegated agent). approved the incorporation by reference of touch-and-go landings must be counted in Airbus Service Bulletin A300–57–6086, determining the total number of flight cycles Actions Accomplished According to dated June 6, 2000. between consecutive inspections. Previous Issue of Service Bulletins (3) Contact Airbus, 1 Rond Point Maurice (j) If no cracking is found during any (o) Actions accomplished prior to the Bellonte, 31707 Blagnac Cedex, France, for a inspection required by paragraph (i) of this effective date of this AD in accordance with copy of this service information. You may AD: Prior to further flight, install new Airbus Service Bulletin A300–57–6086, review copies at the Docket Management fasteners in accordance with the dated June 6, 2000, are acceptable for Facility, U.S. Department of Transportation, Accomplishment Instructions of Airbus compliance with the requirements of Service Bulletin A300–57–6086, Revision 01, 400 Seventh Street, SW., room PL–401, paragraph (i) of this AD. Nassif Building, Washington, DC; on the dated April 2, 2002. (p) Modifications accomplished prior to (k) If any cracking is found during any Internet at http://dms.dot.gov; or at the the effective date of this AD in accordance National Archives and Records inspection required by paragraph (i) of this with Airbus Service Bulletin A300–57–6050, Administration (NARA). For information on AD: Prior to further flight, perform applicable Revision 02, dated February 10, 2000; are corrective actions (including inspecting hole acceptable for compliance with the the availability of this material at the NARA, T if any cracking is found at hole G, reaming requirements of paragraph (l) of this AD. call (202) 741–6030, or go to http:// the holes, and installing oversize fasteners) in www.archives.gov/federal_register/ accordance with the Accomplishment No Reporting Requirement code_of_federal_regulations/ Instructions of Airbus Service Bulletin A300– (q) Although Airbus Service Bulletin ibr_locations.html. 57–6086, Revision 01, dated April 2, 2002, A300–57–6049, Revision 06, dated July 15, except as required by paragraph (n) of this 2004; and Airbus Service Bulletin A300–57– TABLE 1.—ALL MATERIAL AD. 6086, Revision 01, dated April 2, 2002; INCORPORATED BY REFERENCE specify to submit certain information to the Modification of Angle Fittings of the Wing manufacturer, this AD does not include that Center Box requirement. Airbus service Revision bulletin level Date (l) Modify the left and right internal angle Alternative Methods of Compliance fittings of the wing center box. The (AMOCs) A300–57–6049, 06 ...... July 15, 2004. modification includes performing a rotating (r)(1) The Manager, International Branch, excluding Ap- probe inspection to detect cracking, repairing pendix 01. cracks, cold expanding holes, and installing ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs A300–57–6050 03 ...... May 31, 2001. medium interference fitting bolts. Perform A300–57–6086 Original .... June 6, 2000. the modification in accordance with the for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. A300–57–6086 01 ...... April 2, 2002. Accomplishment Instructions of Airbus (2) Before using any AMOC approved in Service Bulletin A300–57–6050, Revision 03, accordance with 14 CFR 39.19 on any dated May 31, 2001; and at the applicable airplane to which the AMOC applies, notify TABLE 2.—NEW MATERIAL time specified by paragraph 1.B.(4), the appropriate principal inspector in the INCORPORATED BY REFERENCE Accomplishment Timescale, of Airbus FAA Flight Standards Certificate Holding Service Bulletin A300–57–6050, Revision 03, District Office. dated May 31, 2001; except as required by Airbus service Revision (3) AMOCs approved previously according bulletin level Date paragraphs (m) and (n) of this AD. to AD 2002–11–04, are not approved as Exceptions to Specifications in Service AMOCs with this AD. A300–57–6049, 06 ...... July 15, 2004. Bulletins Related Information excluding Ap- (m) Where the service bulletins specified pendix 01. (s) French airworthiness directive F–2004– A300–57–6050 03 ...... May 31, 2001. in paragraphs (f), (i), and (l) of this AD 159, dated September 29, 2004, also A300–57–6086 01 ...... April 2, 2002. specify a grace period relative to receipt of addresses the subject of this AD. the service bulletin, this AD requires compliance within the applicable grace Material Incorporated by Reference Airbus Service Bulletin A300–57–6050, period following the effective date of this AD, (t) You must use the service bulletins listed Revision 03, dated May 31, 2001, contains if the threshold has been exceeded. in Table 1 of this AD to perform the actions the following effective pages:

Revision level Date shown on Page number shown on page page

1, 4, 10A–11, 75–76 ...... 03 ...... May 31, 2001. 2, 8–9, 17–32, 41–42, 57–58, 61–63, 77 ...... 02 ...... February 10, 2000. 3, 5–7, 10, 12, 33–34, 37–38, 47, 59–60 ...... 01 ...... May 31, 1999. 13–16, 35–36, 39–40, 43–46, 48–56, 64–74 ...... Original .... September 9, 1994.

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Issued in Renton, Washington, on October Certification Office, ASW–190, FAA, occurred in flight led to an emergency 31, 2005. Rotorcraft Directorate, 2601 Meacham landing. A second failure occurred Ali Bahrami, Boulevard, Fort Worth, Texas 76137– during proof testing and resulted in Manager, Transport Airplane Directorate, 4298; telephone (817) 222–5138; fax injury to a person. We acknowledge the Aircraft Certification Service. (817) 222–5785. commenter’s concern with deactivating [FR Doc. 05–22216 Filed 11–10–05; 8:45 am] SUPPLEMENTARY INFORMATION: the thrust reversers; however, the BILLING CODE 4910–13–P affected Model 23, 24, 24A, 24B, 24B– Examining the Docket A, 24D, 24D–A, 24E, 24F, 25, 25A, 25B, You may examine the AD docket on 25C, 25D, and 25F airplanes were not DEPARTMENT OF TRANSPORTATION the Internet at http://dms.dot.gov or in originally type certificated with thrust person at the Docket Management reversers installed. Furthermore, we Federal Aviation Administration Facility office between 9 a.m. and 5 estimate that half of these Learjet model p.m., Monday through Friday, except airplanes in service today are operating 14 CFR Part 39 Federal holidays. The Docket without thrust reversers. Therefore, an [Docket No. FAA–2005–20947; Directorate Management Facility office (telephone increase in accidents due to Identifier 2004–NM–245–AD; Amendment (800) 647–5227) is located on the plaza deactivation of the affected thrust 39–14364; AD 2005–23–06] level of the Nassif Building at the street reversers is unlikely. address stated in the ADDRESSES section. Regarding the cost impact of this AD, RIN 2120–AA64 we point out that the economic analysis Discussion Airworthiness Directives; Learjet of the AD is limited only to the cost of The FAA issued a notice of proposed Model 23, 24, 24A, 24B, 24B–A, 24D, actions actually required by the AD; it rulemaking (NPRM) to amend 14 CFR 24D–A, 24E, 24F, 25, 25A, 25B, 25C, does not include incidental costs. In any part 39 to include an AD that would case, we have determined that direct 25D, and 25F Airplanes Modified by apply to certain Learjet Model 23, 24, and incidental costs are outweighed by Supplemental Type Certificate 24A, 24B, 24B–A, 24D, 24D–A, 24E, the safety benefits of this AD. Therefore, SA1731SW, SA1669SW, or SA1670SW 24F, 25, 25A, 25B, 25C, 25D, and 25F no change to this AD is necessary in this AGENCY: Federal Aviation airplanes. That NPRM was published in regard. the Federal Register on April 14, 2005 Administration (FAA), Department of Request To Revise Requirements of (70 FR 19718). That NPRM proposed to Transportation (DOT). NPRM ACTION: Final rule. require removing the thrust reverser accumulator, and making the thrust Two commenters request that we SUMMARY: The FAA is adopting a new reverser hydraulic system and the thrust revise the NPRM to require repetitive airworthiness directive (AD) for certain reversers inoperable. nondestructive testing or x-ray Learjet Model 23, 24, 24A, 24B, 24B–A, inspections of the thrust reverser 24D, 24D–A, 24E, 24F, 25, 25A, 25B, Comments accumulator, instead of proposing to 25C, 25D, and 25F airplanes. This AD We provided the public the deactivate the thrust reversers. One of requires removing the thrust reverser opportunity to participate in the the commenters states that inspection of accumulator, and making the thrust development of this AD. We have the suspected point of failure (the reverser hydraulic system and the thrust considered the comments received. female threads of the accumulator) would be sufficient to prevent failure of reversers inoperable. This AD results Request To Withdraw NPRM from reports of the failure of two thrust the thrust reverser accumulator. The reverser accumulators. We are issuing One commenter does not support the commenter suggests that deactivation of this AD to prevent failure of the thrust NPRM. The commenter asserts that the thrust reversers could be required if reverser accumulators, due to fatigue deactivating the thrust reversers will damage is found during an inspection. cracking on the female threads, which cause more accidents, especially under We do not agree, since the could result in the loss of hydraulic wet or winter runway conditions. The commenters provide no technical power and damage to the surrounding commenter also asserts that one in-flight justification for revising the airplane structure. failure of a thrust reverser does not requirements of this AD. The history of justify the NPRM given the countless DATES: This AD becomes effective crack growth on the affected thrust safe operations without thrust reverser December 19, 2005. reversers is unknown. In addition, there The Director of the Federal Register failures. The commenter states that have been no studies done to determine approved the incorporation by reference ‘‘[the FAA] also [has] not looked or an appropriate inspection interval for of a certain publication listed in the AD measured the increase of accidents that providing an acceptable level of safety. as of December 19, 2005. will be caused by this [NPRM].’’ As As stated in the NPRM, the parts further justification for not supporting manufacturer currently is developing a ADDRESSES: You may examine the AD the NPRM, the commenter states that modification that will address the docket on the Internet at http:// the NPRM does not account for the cost unsafe condition of this AD. Once this dms.dot.gov or in person at the Docket of brake and tire wear that would be modification is developed, approved, Management Facility, U.S. Department incurred if the thrust reversers are and available, we may consider of Transportation, 400 Seventh Street, deactivated. We infer that the additional rulemaking. Therefore no SW., Nassif Building, Room PL–401, commenter would like us to withdraw change to this AD is necessary in this Washington, DC. the NPRM. regard. Contact The Nordam Group, Nacelle/ We do not agree, since we have Thrust Reverser Systems Division, 6911 determined that an unsafe condition Request To Expand Applicability North Whirlpool Drive, Tulsa, exists, and that the interim actions of One commenter, the parts Oklahoma 74117, for service this AD are necessary to ensure the manufacturer, requests that we delete information identified in this AD. continued safety of the affected fleet. reference to Supplemental Type FOR FURTHER INFORMATION CONTACT: Jim The one thrust reverser failure on a Certificates (STCs) SA1731SW, Rankin, Aerospace Engineer, Special Learjet Model 25B airplane that SA1669SW, and SA1670SW from the

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applicability of the NPRM. The potential source of ignition and result in Clarification of Alternative Method of commenter states this change will a consequent fire. Compliance (AMOC) Paragraph ensure that the NPRM is also applicable Request To Include Final Action We have revised this action to clarify to other Learjet Model 23, 24, 24A, 24B, the appropriate procedure for notifying 24B–A, 24D, 24D–A, 24E, 24F, 25, 25A, One commenter recommends adding the principal inspector before using any 25B, 25C, 25D, and 25F airplanes information about the final action being approved AMOC on any airplane to equipped with the affected thrust developed under FAA project which the AMOC applies. reverser accumulators. As an example, ST8103SC–T. The commenter states that the commenter mentions that Model 24, referencing the proposed STC number Conclusion 24B, 24D, 24F, 25, 25B, 25C, and 25D would provide information to operators We have carefully reviewed the airplanes modified by STC SA944NW about the final action. available data, including the comments are also equipped with the affected We do not agree. As stated in an received, and determined that air safety thrust reverser accumulators, but are not earlier comment, we may consider and the public interest require adopting included in the applicability of the additional rulemaking once a the AD with the changes described NPRM. modification is developed, approved, previously. We have determined that We do not agree. We have determined and available. Therefore no change to this change will neither increase the that Model 24, 24B, 24D, 24F, 25, 25B, this AD is necessary in this regard. economic burden on any operator nor 25C, and 25D airplanes modified by increase the scope of the AD. Request To Eliminate Repetitive STC SA944NW do not need to be added Inspections of the Thrust Reverser Interim Action to the applicability of this AD. The thrust reverser accumulator is an One commenter requests that we This is considered to be interim optional installation for STC SA944NW. eliminate repetitive inspections of the action. The manufacturer has advised The current STC holder did not thrust reverser (at intervals of 300 and that it currently is developing a purchase the thrust reverser data, and 600 flight hours). The commenter modification that will address the the thrust reverser accumulators cannot suggests these inspections are unsafe condition addressed by this be installed without using the STCs unnecessary if a thrust reverser is proposed AD. Once this modification is identified in this AD. Furthermore, deactivated. developed, approved, and available, we deleting reference to STCs SA1731SW, We do not agree because this AD and may consider additional rulemaking. SA1669SW, and SA1670SW would the referenced service bulletin do not Costs of Compliance expand the applicability of this AD, require repetitive inspections of the There are about 321 airplanes of the creating further delay in addressing the thrust reverser. We infer that the affected design in the worldwide fleet. unsafe condition. If we become aware of commenter is referring to the repetitive This AD affects about 255 airplanes of affected thrust reverser accumulators inspections of the thrust reversers U.S. registry. The actions in this AD equipped on other Learjet Model 23, 24, specified in The Nordam Group TR3000 take about 2 work hours per airplane, at 24A, 24B, 24B–A, 24D, 24D–A, 24E, Service Manual DHP–G–25–1. These an average labor rate of $65 per work 24F, 25, 25A, 25B, 25C, 25D, and 25F repetitive inspections are part of the hour. Based on these figures, the airplanes, we will consider further maintenance program for STCs estimated cost of the AD for U.S. rulemaking. SA1731SW, SA1669SW, and operators is $33,150, or $130 per Operators should note that on August SA1670SW. After making the thrust airplane. 12, 2005 we issued an NPRM, Docket reverser accumulator inoperable, No. FAA–2005–22169 (70 FR 49210, operators should do repetitive general Authority for This Rulemaking August 23, 2005), related to the unsafe visual inspections of the thrust reverser Title 49 of the United States Code condition of this AD. The related NPRM system for cracking, corrosion, loose or specifies the FAA’s authority to issue proposes to require replacement of the missing fasteners, etc., to ensure the rules on aviation safety. Subtitle I, spherical accumulator for the main structural integrity of the thrust Section 106, describes the authority of hydraulic system with a new cylindrical reverser. (The Nordam Group has issued the FAA Administrator. Subtitle VII, accumulator. The related NPRM is Temporary Revision 78–04, dated July Aviation Programs, describes in more applicable to certain Learjet Model 23, 8, 2005, to the TR3000 Service Manual detail the scope of the Agency’s 24, 24A, 24B, 24B–A, 24C, 24D, 24D–A, to add these new repetitive inspections.) authority. 24E, 24F, 24F–A, 25, 25A, 25B, 25C, Operational checks should no longer be We are issuing this rulemaking under 25D, and 25F airplanes. The spherical done after the thrust reverser the authority described in Subtitle VII, accumulator used for the main airplane accumulator is inoperable. Operators Part A, Subpart III, Section 44701, hydraulic system on those Learjet model may contact the Manager, Special ‘‘General requirements.’’ Under that airplanes is similar to the spherical Certification Office, ASW–190, section, Congress charges the FAA with accumulator used for the thrust reverser Rotorcraft Directorate, for the revised promoting safe flight of civil aircraft in hydraulic system addressed in this AD. maintenance inspection program. No air commerce by prescribing regulations The actions proposed in the related change to this AD is necessary in this for practices, methods, and procedures NPRM are intended to prevent failure of regard. the Administrator finds necessary for the spherical accumulator for the main Change to This AD safety in air commerce. This regulation hydraulic system, due to fatigue is within the scope of that authority cracking on the threads, which could In paragraph (c) of the NPRM, we because it addresses an unsafe condition result in the loss of hydraulic power, inadvertently omitted the word that is likely to exist or develop on damage to the surrounding airplane ‘‘accumulators’’ where the applicability products identified in this rulemaking structure, and loss of airplane control. identifies the part numbers of the action. The failure of the accumulator could affected thrust reverser accumulators. also result in injury to any persons in We have added ‘‘accumulators’’ before Regulatory Findings the surrounding area. The loss of the affected part numbers in paragraph We have determined that this AD will hydraulic fluid could also leak onto a (c) of this AD to clarify the applicability. not have federalism implications under

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Executive Order 13132. This AD will Unsafe Condition Issued in Renton, Washington on October not have a substantial direct effect on (d) This AD was prompted by reports of the 28, 2005. the States, on the relationship between failure of two thrust reverser accumulators. Ali Bahrami, the national government and the States, We are issuing this AD to prevent failure of Manager, Transport Airplane Directorate, or on the distribution of power and the thrust reverser accumulators, due to Aircraft Certification Service. responsibilities among the various fatigue cracking on the female threads, which [FR Doc. 05–22215 Filed 11–10–05; 8:45 am] could result in the loss of hydraulic power levels of government. and damage to the surrounding airplane BILLING CODE 4910–13–P For the reasons discussed above, I structure. certify that this AD: Compliance (1) Is not a ‘‘significant regulatory DEPARTMENT OF TRANSPORTATION action’’ under Executive Order 12866; (e) You are responsible for having the actions required by this AD performed within Federal Aviation Administration (2) Is not a ‘‘significant rule’’ under the compliance times specified, unless the DOT Regulatory Policies and Procedures actions have already been done. 14 CFR Part 39 (44 FR 11034, February 26, 1979); and Remove Thrust Reverser Accumulator (3) Will not have a significant [Docket No. FAA–2005–22255; Directorate economic impact, positive or negative, (f) Within 60 days after the effective date Identifier 2005–NM–106–AD; Amendment of this AD, remove the thrust reverser 39–14362; AD 2005–23–04] on a substantial number of small entities accumulator, and make the thrust reverser under the criteria of the Regulatory hydraulic system and the thrust reversers RIN 2120–AA64 Flexibility Act. inoperable, by doing all of the actions We prepared a regulatory evaluation specified in the Accomplishment Airworthiness Directives; Saab Model of the estimated costs to comply with Instructions of The Nordam Group Alert SAAB 2000 Airplanes Service Bulletin A3000 78–21, dated this AD and placed it in the AD docket. AGENCY: Federal Aviation See the ADDRESSES section for a location November 25, 2002. Where there are differences between the Master Minimum Administration (FAA), Department of to examine the regulatory evaluation. Equipment List and the AD, the AD prevails. Transportation (DOT). List of Subjects in 14 CFR Part 39 Although the service bulletin referenced in ACTION: Final rule. this AD specifies to submit certain Air transportation, Aircraft, Aviation information to the manufacturer, this AD SUMMARY: The FAA is adopting a new safety, Incorporation by reference, does not include that requirement. airworthiness directive (AD) for certain Safety. Parts Installation Saab Model SAAB 2000 airplanes. This Adoption of the Amendment (g) As of the effective date of this AD, no AD requires modifying the manual person may install a thrust reverser feather-and-unfeather system for the I Accordingly, under the authority accumulator having P/N 25–0570–127–1, –3, propellers to make the design of the delegated to me by the Administrator, –7, –13, or –17 on any airplane. system more robust. This AD results from reports of in-flight engine the FAA amends 14 CFR part 39 as Alternative Methods of Compliance follows: (AMOCs) shutdown caused by uncommanded operation of the feather pump of the (h)(1) The Manager, Special Certification PART 39—AIRWORTHINESS propeller. We are issuing this AD to DIRECTIVES Office, Rotorcraft Directorate, FAA, has the authority to approve AMOCs for this AD, if prevent uncommanded feathering of the propeller, which could result in the I 1. The authority citation for part 39 requested in accordance with the procedures shutdown of an engine during flight and continues to read as follows: found in 14 CFR 39.19. (2) Before using any AMOC approved in consequent reduced controllability of Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with 14 CFR 39.19 on any the airplane. airplane to which the AMOC applies, notify DATES: This AD becomes effective § 39.13 [Amended] the appropriate principal inspector in the December 19, 2005. I 2. The Federal Aviation FAA Flight Standards Certificate Holding District Office. The Director of the Federal Register Administration (FAA) amends § 39.13 approved the incorporation by reference by adding the following new Material Incorporated by Reference of a certain publication listed in the AD airworthiness directive (AD): (i) You must use The Nordam Group Alert as of December 19, 2005. 2005–23–06 Learjet: Amendment 39–14364. Service Bulletin A3000 78–21, dated ADDRESSES: You may examine the AD November 25, 2002, to perform the actions Docket No. FAA–2005–20947; docket on the Internet at http:// Directorate Identifier 2004–NM–245–AD. that are required by this AD, unless the AD specifies otherwise. The Director of the dms.dot.gov or in person at the Docket Effective Date Federal Register approved the incorporation Management Facility, U.S. Department (a) This AD becomes effective December by reference of this document in accordance of Transportation, 400 Seventh Street, 19, 2005. with 5 U.S.C. 552(a) and 1 CFR part 51. SW., Nassif Building, room PL–401, Contact The Nordam Group, Nacelle/Thrust Affected ADs Washington, DC. Reverser Systems Division, 6911 North Contact Saab Aircraft AB, SAAB (b) None. Whirlpool Drive, Tulsa, Oklahoma 74117, for Aircraft Product Support, S–581.88, a copy of this service information. You may Linko¨ping, Sweden, for service Applicability review copies at the Docket Management (c) This AD applies to Learjet Model 23, 24, Facility, U.S. Department of Transportation, information identified in this AD. 24A, 24B, 24B–A, 24D, 24D–A, 24E, 24F, 25, 400 Seventh Street, SW., room PL–401, FOR FURTHER INFORMATION CONTACT: 25A, 25B, 25C, 25D, and 25F airplanes; Nassif Building, Washington, DC; on the Mike Borfitz, Aerospace Engineer, certificated in any category; modified by Internet at http://dms.dot.gov; or at the International Branch, ANM–116, Supplemental Type Certificate SA1731SW, National Archives and Records Transport Airplane Directorate, FAA, SA1669SW, or SA1670SW; equipped with Administration (NARA). For information on 1601 Lind Avenue, SW., Renton, Nordam (formerly Dee Howard Company) the availability of this material at the NARA, thrust reverser accumulators having part call (202) 741–6030, or go to http:// Washington 98055–4056; telephone number (P/N) 25–0570–127–1, –3, –7, –13, or www.archives.gov/federal-register/cfr/ibr- (425) 227–2677; fax (425) 227–1149. –17. locations.html. SUPPLEMENTARY INFORMATION:

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Examining the Docket Aviation Programs, describes in more 2005–23–04 Saab Aircraft AB: Amendment detail the scope of the Agency’s 39–14362. Docket No. FAA–2005–22255; You may examine the airworthiness Directorate Identifier 2005–NM–106–AD. directive (AD) docket on the Internet at authority. http://dms.dot.gov or in person at the We are issuing this rulemaking under Effective Date Docket Management Facility office the authority described in Subtitle VII, (a) This AD becomes effective December between 9 a.m. and 5 p.m., Monday Part A, Subpart III, Section 44701, 19, 2005. ‘‘General requirements.’’ Under that through Friday, except Federal holidays. section, Congress charges the FAA with Affected ADs The Docket Management Facility office promoting safe flight of civil aircraft in (b) None. (telephone (800) 647–5227) is located on air commerce by prescribing regulations the plaza level of the Nassif Building at Applicability for practices, methods, and procedures the street address stated in the (c) This AD applies to Model SAAB 2000 the Administrator finds necessary for ADDRESSES section. airplanes, certificated in any category, serial safety in air commerce. This regulation numbers –004 through –063 inclusive. Discussion is within the scope of that authority Unsafe Condition The FAA issued a notice of proposed because it addresses an unsafe condition rulemaking (NPRM) to amend 14 CFR that is likely to exist or develop on (d) This AD results from reports of in-flight engine shutdown caused by uncommanded part 39 to include an AD that would products identified in this rulemaking action. operation of the feather pump of the apply to certain Saab Model SAAB 2000 propeller. We are issuing this AD to prevent airplanes. That NPRM was published in Regulatory Findings uncommanded feathering of the propeller, the Federal Register on September 1, We have determined that this AD will which could result in the shutdown of an 2005 (70 FR 52041). That NPRM not have federalism implications under engine during flight and consequent reduced controllability of the airplane. proposed to require modifying the Executive Order 13132. This AD will manual feather-and-unfeather system for not have a substantial direct effect on Compliance the propellers to make the design of the the States, on the relationship between (e) You are responsible for having the system more robust. the national government and the States, actions required by this AD performed within Comments or on the distribution of power and the compliance times specified, unless the responsibilities among the various actions have already been done. We provided the public the levels of government. opportunity to participate in the Modification For the reasons discussed above, I development of this AD. We received no (f) Within 12 months after the effective certify that this AD: date of this AD, modify the manual feather- comments on the NPRM or on the (1) Is not a ‘‘significant regulatory determination of the cost to the public. and-unfeather system of the propellers by action’’ under Executive Order 12866; doing all actions specified in the Clarification of Alternative Method of (2) Is not a ‘‘significant rule’’ under Accomplishment Instructions of Saab Service Compliance (AMOC) Paragraph DOT Regulatory Policies and Procedures Bulletin 2000–61–006, Revision 01, dated (44 FR 11034, February 26, 1979); and February 17, 2005. We have revised this action to clarify (3) Will not have a significant the appropriate procedure for notifying economic impact, positive or negative, Actions Accomplished Previously the principal inspector before using any on a substantial number of small entities (g) A modification accomplished before the approved AMOC on any airplane to under the criteria of the Regulatory effective date of this AD in accordance with which the AMOC applies. Flexibility Act. Saab Service Bulletin 2000–61–006, dated We prepared a regulatory evaluation December 20, 2004, is acceptable for Conclusion compliance with paragraph (f) of this AD. of the estimated costs to comply with We have carefully reviewed the this AD and placed it in the AD docket. Alternative Methods of Compliance available data, and determined that air See the ADDRESSES section for a location (AMOCs) safety and the public interest require to examine the regulatory evaluation. (h)(1) The Manager, International Branch, adopting the AD with the change ANM–116, Transport Airplane Directorate, described previously. We have List of Subjects in 14 CFR Part 39 FAA, has the authority to approve AMOCs determined that this change will neither Air transportation, Aircraft, Aviation for this AD, if requested in accordance with increase the economic burden on any safety, Incorporation by reference, the procedures found in 14 CFR 39.19. operator nor increase the scope of the Safety. (2) Before using any AMOC approved in AD. accordance with § 39.19 on any airplane to Adoption of the Amendment which the AMOC applies, notify the Costs of Compliance appropriate principal inspector in the FAA I Accordingly, under the authority This AD will affect about 3 airplanes Flight Standards Certificate Holding District delegated to me by the Administrator, Office. of U.S. registry. The actions will take the FAA amends 14 CFR part 39 as about 50 work hours per airplane, at an follows: Related Information average labor rate of $65 per work hour. (i) Swedish airworthiness directive 1–198, Required parts will cost about $13,571 PART 39—AIRWORTHINESS dated February 14, 2005, also addresses the per airplane. Based on these figures, the DIRECTIVES subject of this AD. estimated cost of the AD for U.S. I Material Incorporated by Reference operators is $50,463, or $16,821 per 1. The authority citation for part 39 airplane. continues to read as follows: (j) You must use Saab Service Bulletin 2000–61–006, Revision 01, dated February Authority: 49 U.S.C. 106(g), 40113, 44701. Authority for This Rulemaking 17, 2005, to perform the actions that are § 39.13 [Amended] required by this AD, unless the AD specifies Title 49 of the United States Code otherwise. The Director of the Federal I specifies the FAA’s authority to issue 2. The Federal Aviation Register approved the incorporation by rules on aviation safety. Subtitle I, Administration (FAA) amends § 39.13 reference of this document in accordance Section 106, describes the authority of by adding the following new with 5 U.S.C. 552(a) and 1 CFR part 51. the FAA Administrator. Subtitle VII, airworthiness directive (AD): Contact Saab Aircraft AB, SAAB Aircraft

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Product Support, S–581.88, Linko¨ping, On August 31, 2001 (66 FR 42939, Clarification of Alternative Method of Sweden, for a copy of this service August 16, 2001), the Director of the Compliance (AMOC) Paragraph information. You may review copies at the Federal Register approved the We have changed this AD to clarify Docket Management Facility, U.S. incorporation by reference of Airbus Department of Transportation, 400 Seventh the appropriate procedure for notifying Street, SW., room PL–401, Nassif Building, Industrie All Operators Telex A320– the principal inspector before using any Washington, DC; on the Internet at http:// 52A1111, Revision 01, dated July 23, approved AMOC on any airplane to dms.dot.gov; or at the National Archives and 2001, including Airbus Industrie which the AMOC applies. Records Administration (NARA). For Technical Disposition 959.1492/01, information on the availability of this Issue C, dated July 17, 2001. Conclusion material at the NARA, call (202) 741–6030, ADDRESSES: or go to http://www.archives.gov/ You may examine the AD We have carefully reviewed the federal_register/code_of_federal_regulations/ docket on the Internet at http:// available data, including the comment ibr_locations.html. dms.dot.gov or in person at the Docket that has been received, and determined Management Facility, U.S. Department Issued in Renton, Washington on October that air safety and the public interest 27, 2005. of Transportation, 400 Seventh Street, require adopting the AD as proposed. Kalene C. Yanamura, SW., Nassif Building, room PL–401, Washington, DC. Costs of Compliance Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. Contact Airbus, 1 Rond Point Maurice This AD will affect about 517 Bellonte, 31707 Blagnac Cedex, France, [FR Doc. 05–22218 Filed 11–10–05; 8:45 am] airplanes of U.S. registry. for service information identified in this The modification that is required by BILLING CODE 4910–13–P AD. AD 2001–16–14 and retained in this AD FOR FURTHER INFORMATION CONTACT: Tim takes about 7 work hours per airplane, DEPARTMENT OF TRANSPORTATION Dulin, Aerospace Engineer, at an average labor rate of $65 per work International Branch, ANM–116, FAA, hour. The cost of required parts is Federal Aviation Administration Transport Airplane Directorate, 1601 negligible. Based on these figures, the Lind Avenue, SW., Renton, Washington estimated cost of the currently required 14 CFR Part 39 98055–4056; telephone (425) 227–2141; modification for U.S. operators is $235,235, or $455 per airplane. [Docket No. FAA–2004–19863; Directorate fax (425) 227–1149. Identifier 2003–NM–29–AD; Amendment 39– SUPPLEMENTARY INFORMATION: The functional test that is required by 14363; AD 2005–23–05] AD 2001–16–14 and retained in this AD Examining the Docket takes about 1 work hour per airplane, at RIN 2120–AA64 You may examine the airworthiness an average labor rate of $65 per work Airworthiness Directives; Airbus Model directive (AD) docket on the Internet at hour. Based on these figures, the cost A319–100, A320–200, and A321–100 http://dms.dot.gov or in person at the impact of the currently required and –200 Series Airplanes Docket Management Facility office functional test for U.S. operators is between 9 a.m. and 5 p.m., Monday $33,605, or $65 per airplane, per test AGENCY: Federal Aviation through Friday, except Federal holidays. cycle. Administration (FAA), Department of The Docket Management Facility office For airplanes that have not been Transportation (DOT). (telephone (800) 647–5227) is located on modified in accordance with AD 2001– ACTION: Final rule. the plaza level of the Nassif Building at 16–14: The new modification (including the street address stated in the the new placard installation) takes about SUMMARY: The FAA is superseding an ADDRESSES section. 17 work hours per airplane, at an existing airworthiness directive (AD), average labor rate of $65 per work hour. which applies to certain Airbus Model Discussion Required parts cost about $5,130 per A319–100, A320–200, and A321–100 The FAA issued a supplemental airplane. Based on these figures, the and –200 series airplanes. That AD notice of proposed rulemaking (NPRM) estimated cost of the new modification currently requires modification of the to amend 14 CFR part 39 to include an specified in this AD is $6,235 per telescopic girt bar of the escape slide/ AD that supersedes AD 2001–16–14, airplane. raft assembly, and follow-on actions. amendment 39–12383 (66 FR 42939, For airplanes that have been modified This new AD requires a new August 16, 2001). The existing AD in accordance with AD 2001–16–14: modification of the telescopic girt bar applies to certain Airbus Model A319, The new modification (including the and the installation of placards on the A320, and A321 series airplanes. That new placard installation) takes about 21 modified girt bars, which terminates the supplemental NPRM was published in work hours per airplane, at an average repetitive functional tests required by the Federal Register on July 21, 2005 labor rate of $65 per work hour. the existing AD. This AD results from (70 FR 42005). That supplemental Required parts cost about $5,130 per development of a new, improved NPRM proposed to mandate the airplane. Based on these figures, the modification. We are issuing this AD to installation of placards on the modified estimated cost of the new modification prevent failure of the escape slide/raft to girt bars, which terminates the repetitive specified in this AD is $6,495 per deploy correctly, which could result in functional tests required by the existing airplane. the slide being unusable during an AD. emergency evacuation and consequent Authority for This Rulemaking injury to passengers or airplane Comments Title 49 of the United States Code crewmembers. We provided the public the specifies the FAA’s authority to issue DATES: This AD becomes effective opportunity to participate in the rules on aviation safety. Subtitle I, December 19, 2005. development of this AD. We have section 106, describes the authority of The Director of the Federal Register considered the additional comment that the FAA Administrator. Subtitle VII, approved the incorporation by reference has been received on the supplemental Aviation Programs, describes in more of a certain publication listed in the AD NPRM. The commenter supports the detail the scope of the Agency’s as of December 19, 2005. supplemental NPRM. authority.

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We are issuing this rulemaking under 2005–23–05 Airbus: Amendment 39–14363. New Requirements of This AD Docket No. FAA–2004–19863; the authority described in subtitle VII, Modification part A, subpart III, section 44701, Directorate Identifier 2003–NM–29–AD. (g) Within 20 months after the effective ‘‘General requirements.’’ Under that Effective Date date of this AD: Accomplish the actions section, Congress charges the FAA with (a) This AD becomes effective December specified in paragraphs (g)(1) and (g)(2) of promoting safe flight of civil aircraft in 19, 2005. this AD by doing all the applicable actions air commerce by prescribing regulations specified in the Accomplishment for practices, methods, and procedures Affected ADs Instructions of Airbus Service Bulletin A320– the Administrator finds necessary for (b) This AD supersedes AD 2001–16–14. 52–1112, Revision 05, dated June 25, 2004. safety in air commerce. This regulation Accomplishing these actions terminates the Applicability is within the scope of that authority repetitive functional tests required by (c) This AD applies to Airbus Model A319– paragraph (f) of this AD. because it addresses an unsafe condition (1) Modify the telescopic girt bar of the that is likely to exist or develop on 111, –112, –113, –114, –115, –131, –132, and –133; A320–211, –212, –214, –231, –232, and escape slide/raft assembly. products identified in this rulemaking (2) Install a placard on each modified girt –233; and A321–111, –112, –131, –211, and action. bar. –231 airplanes; certificated in any category; (h) For airplanes on which the Regulatory Findings equipped with telescopic girt bars of the modification of the telescopic girt bar We have determined that this AD will escape slide/raft assembly installed per required by paragraph (g)(1) of this AD is Airbus Modification 20234, or Airbus Service accomplished within the compliance time not have federalism implications under Bulletin A320–25–1055 or A320–25–1218 in Executive Order 13132. This AD will specified in paragraph (f) of this AD, service; except those airplanes with Airbus accomplishing the modification required by not have a substantial direct effect on Modification 31708. paragraph (f) is not required. the States, on the relationship between the National Government and the States, Unsafe Condition Modifications Accomplished According to or on the distribution of power and (d) This AD was prompted by development Previous Issues of Service Bulletin responsibilities among the various of a new, improved modification of the (i) Modification of the telescopic girt bar levels of government. telescopic girt bar of the escape slide/raft accomplished before the effective date of this For the reasons discussed above, I assembly. We are issuing this AD to prevent AD in accordance with Airbus Service certify that this AD: failure of the escape slide/raft to deploy Bulletin A320–52–1112, dated January 16, (1) Is not a ‘‘significant regulatory correctly, which could result in the slide 2002; Revision 01, dated April 3, 2002; being unusable during an emergency Revision 02, dated September 6, 2002; action’’ under Executive Order 12866; Revision 03, dated June 27, 2003; or Revision (2) Is not a ‘‘significant rule’’ under evacuation and consequent injury to passengers or airplane crewmembers. 04, dated November 12, 2003; is considered DOT Regulatory Policies and Procedures acceptable for compliance with the (44 FR 11034, February 26, 1979); and Compliance modification of the telescopic girt bar (3) Will not have a significant (e) You are responsible for having the required by paragraph (g)(1) of this AD. economic impact, positive or negative, actions required by this AD performed within Parts Installation on a substantial number of small entities the compliance times specified, unless the under the criteria of the Regulatory (j) As of the effective date of this AD, no actions have already been done. person may install on any airplane a Flexibility Act. telescopic girt bar of the escape slide/raft We prepared a regulatory evaluation Restatement of Requirements of AD 2001– 16–14 assembly unless it has been modified as of the estimated costs to comply with required by paragraph (g) of this AD. this AD and placed it in the AD docket. Modification/Follow-On Actions Alternative Methods of Compliance See the ADDRESSES section for a location (f) For airplanes listed in Airbus Industrie (AMOCs) to examine the regulatory evaluation. All Operators Telex (AOT) A320–52A1111, (k)(1) The Manager, International Branch, Revision 01, dated July 23, 2001: Within List of Subjects in 14 CFR Part 39 ANM–116, Transport Airplane Directorate, 1,500 flight hours after August 31, 2001 (the Air transportation, Aircraft, Aviation FAA, has the authority to approve alternative effective date of AD 2001–16–14); except as methods of compliance (AMOCs) for this AD, safety, Incorporation by reference, provided by paragraph (h) of this AD, modify if requested in accordance with the Safety. the telescopic girt bar of the escape slide/raft procedures found in 14 CFR 39.19. assembly installed on all passenger and crew Adoption of the Amendment (2) AMOCs approved previously in doors and do a functional test to ensure the accordance with AD 2001–16–14 are I Accordingly, under the authority girt bar does not retract, per Airbus Industrie approved as AMOCs with paragraph (f) of delegated to me by the Administrator, AOT A320–52A1111, Revision 01, dated July this AD. the FAA amends 14 CFR part 39 as 23, 2001. (3) Before using any AMOC approved in accordance with 14 CFR 39.19 on any follows: (1) If the girt bar retracts, before further flight, replace any discrepant parts and do airplane to which the AMOC applies, notify PART 39—AIRWORTHINESS another functional test to ensure the girt bar the appropriate principal inspector in the FAA Flight Standards Certificate Holding DIRECTIVES does not retract, per the AOT. Repeat the functional test thereafter at intervals not to District Office. I 1. The authority citation for part 39 exceed 18 months until paragraph (g) of this Related Information continues to read as follows: AD is accomplished. (2) If the girt bar does not retract, repeat the (l) French airworthiness directives 2002– Authority: 49 U.S.C. 106(g), 40113, 44701. functional test thereafter at intervals not to 637(B) R1, dated April 16, 2003, and F–2005– exceed 18 months. 057, dated April 13, 2005, also address the § 39.13 [Amended] subject of this AD. Note 1: Modification and follow-on actions I 2. The Federal Aviation accomplished prior to the effective date of Material Incorporated by Reference Administration (FAA) amends § 39.13 this AD per Airbus Industrie AOT A320– (m) You must use Airbus Service Bulletin by removing amendment 39–12383 (66 52A1111, dated July 5, 2001, are considered A320–52–1112, Revision 05, dated June 25, FR 42939, August 16, 2001) and by acceptable for compliance with the 2004; and Airbus Industrie All Operators adding the following new airworthiness applicable actions specified in this Telex A320–52A1111, Revision 01, dated directive (AD): amendment. July 23, 2001, including Airbus Industrie

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Technical Disposition 959.1492/01, Issue C, necessary. This AD results from reports The broken guides resulted in the dated July 17, 2001; as applicable; to perform of failed elevator servo controls due to inability for the affected servo controls the actions that are required by this AD, broken guides. We are issuing this AD to change their operating mode, leading unless the AD specifies otherwise. to ensure proper functioning of the to ‘‘F/CTL ELEV SERVO FAULT’’ (1) The Director of the Federal Register warnings. Results of the investigation approved the incorporation by reference of elevator servo controls. Failure of the Airbus Service Bulletin A320–52–1112, elevator servo controls during certain revealed a fatigue rupture inside the Revision 05, dated June 25, 2004; in phases of takeoff could result in an servo control induced by successive accordance with 5 U.S.C. 552(a) and 1 CFR unannounced loss of elevator control pressure cycles and resulting in a part 51. and consequent reduced controllability progressive decrease of the tightening (2) On August 31, 2001 (66 FR 42939, of the airplane. torque of the plug to be the root cause August 16, 2001), the Director of the Federal DATES: This AD becomes effective of the broken guides. Register approved the incorporation by November 29, 2005. Each elevator is equipped with two reference of Airbus Industrie All Operators servo controls having three operating Telex A320–52A1111, Revision 01, dated The Director of the Federal Register approved the incorporation by reference modes: active mode, damping mode, July 23, 2001, including Airbus Industrie and centering mode. In normal Technical Disposition 959.1492/01, Issue C, of certain publications listed in the AD dated July 17, 2001. as of November 29, 2005. operating conditions, each elevator is (3) Contact Airbus, 1 Rond Point Maurice We must receive comments on this actuated by one servo control in active Bellonte, 31707 Blagnac Cedex, France, for a AD by January 13, 2006. mode, while the other is in damping mode. The mode change from active to copy of this service information. You may ADDRESSES: Use one of the following damping is achieved by a mode-selector review copies at the Docket Management addresses to submit comments on this Facility, U.S. Department of Transportation, spool valve installed inside each servo 400 Seventh Street, SW., room PL–401, AD. • DOT Docket Web site: Go to control. The position of this spool valve Nassif Building, Washington, DC; on the is commanded by a rod that slides Internet at http://dms.dot.gov; or at the http://dms.dot.gov and follow the instructions for sending your comments through a guide. A broken guide could National Archives and Records result in the inability for the affected Administration (NARA). For information on electronically. the availability of this material at the NARA, • Government-wide rulemaking Web servo control to change its operating call (202) 741–6030, or go to http:// site: Go to http://www.regulations.gov mode. _ Failure of the elevator servo controls www.archives.gov/federal register/ and follow the instructions for sending code_of_federal_regulations/ during certain phases of takeoff, if not _ your comments electronically. ibr locations.html. • Mail: Docket Management Facility; corrected, could result in an unannounced loss of elevator control Issued in Renton, Washington, on October U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, and consequent reduced controllability 25, 2005. of the airplane. Kalene C. Yanamura, Room PL–401, Washington, DC 20590. • Fax: (202) 493–2251. Relevant Service Information Acting Manager, Transport Airplane • Directorate, Aircraft Certification Service. Hand Delivery: Room PL–401 on Airbus has issued All Operators Telex the plaza level of the Nassif Building, [FR Doc. 05–22217 Filed 11–10–05; 8:45 am] (AOT) A330–27A3138, Revision 01, 400 Seventh Street SW., Washington, BILLING CODE 4910–13–P dated October 3, 2005, for Model A330– DC, between 9 a.m. and 5 p.m., Monday 200 and –300 series airplanes; and AOT through Friday, except Federal holidays. A340–27A4137, Revision 01, dated Contact Airbus, 1 Rond Point Maurice DEPARTMENT OF TRANSPORTATION October 3, 2005, for Model A340–200 Bellonte, 31707 Blagnac Cedex, France, and –300 series airplanes. The AOTs for service information identified in this Federal Aviation Administration describe procedures for repetitive tests AD. of the elevator servo-loops and 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: Tim corrective actions if the test fails. If the Backman, Aerospace Engineer, [Docket No. FAA–2005–22881; Directorate test fails, the AOTs specify performing Identifier 2005–NM–202–AD; Amendment International Branch, ANM–116, FAA, the associated troubleshooting manual 39–14368; AD 2005–23–10] Transport Airplane Directorate, 1601 tasks and applicable corrective actions. Lind Avenue, SW., Renton, Washington RIN 2120–AA64 The corrective actions include repairing 98055–4056; telephone (425) 227–2797; wiring, replacing certain solenoid fax (425) 227–1149. Airworthiness Directives; Airbus Model valves, replacing certain mode selector A330–200 and A330–300 Series SUPPLEMENTARY INFORMATION: valve transducers, and replacing the Airplanes; and Model A340–200 and Discussion elevator servo control, among other A340–300 Series Airplanes actions, depending on the fault message The Direction Ge´ne´rale de l’Aviation displayed. The AOTs also specify AGENCY: Federal Aviation Civile (DGAC), which is the reporting failed tests and sending Administration (FAA), Department of airworthiness authority for France, replaced servo controls to Airbus. Transportation (DOT). notified us that an unsafe condition may The DGAC mandated the AOTs and ACTION: Final rule; request for exist on all Airbus Model A330–200 and issued French airworthiness directive comments. A330–300 series airplanes; and Model UF–2005–171, dated October 3, 2005, to A340–200 and A340–300 series ensure the continued airworthiness of SUMMARY: The FAA is adopting a new airplanes. The DGAC advises that it has these airplanes in France. airworthiness directive (AD) for all received reports of elevator servo Airbus Model A330–200 and A330–300 control removals resulting from the ‘‘F/ FAA’s Determination and Requirements series airplanes; and Model A340–200 CTL ELEV SERVO FAULT’’ warning. of This AD and A340–300 series airplanes. This AD During repair, some of these servo These airplane models are requires an accelerated schedule of controls installed at the active position manufactured in France and are type repetitive testing of the elevator servo (2CS1) (Left Green) or (2CS2) (Right certificated for operation in the United control loops, and corrective actions if Green) were found with a broken guide. States under the provisions of section

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21.29 of the Federal Aviation was not preceded by notice and an that is likely to exist or develop on Regulations (14 CFR 21.29) and the opportunity for public comment; products identified in this rulemaking applicable bilateral airworthiness however, we invite you to submit any action. agreement. Pursuant to this bilateral relevant written data, views, or Regulatory Findings airworthiness agreement, the DGAC has arguments regarding this AD. Send your kept the FAA informed of the situation comments to an address listed in the We have determined that this AD will described above. We have examined the ADDRESSES section. Include ‘‘Docket No. not have federalism implications under DGAC’s findings, evaluated all pertinent FAA–2005–22881; Directorate Identifier Executive Order 13132. This AD will information, and determined that we 2005–NM–202–AD’’ at the beginning of not have a substantial direct effect on need to issue an AD for products of this your comments. We specifically invite the States, on the relationship between type design that are certificated for comments on the overall regulatory, the National Government and the States, operation in the United States. economic, environmental, and energy or on the distribution of power and Therefore, we are issuing this AD to aspects of the AD that might suggest a responsibilities among the various ensure proper functioning of the need to modify it. levels of government. elevator servo controls. Failure of the We will post all comments we For the reasons discussed above, I elevator servo controls during certain receive, without change, to http:// certify that the regulation: phases of takeoff could result in an dms.dot.gov, including any personal 1. Is not a ‘‘significant regulatory unannounced loss of elevator control information you provide. We will also action’’ under Executive Order 12866; and consequent reduced controllability post a report summarizing each 2. Is not a ‘‘significant rule’’ under the of the airplane. This AD requires substantive verbal contact with FAA DOT Regulatory Policies and Procedures accomplishing the actions specified in personnel concerning this AD. Using the (44 FR 11034, February 26, 1979); and the service information described search function of that Web site, anyone 3. Will not have a significant previously. can find and read the comments in any economic impact, positive or negative, This AD also requires that operators of our dockets, including the name of on a substantial number of small entities report results of failed servo-loop tests the individual who sent the comment under the criteria of the Regulatory to Airbus. These required failed-test (or signed the comment on behalf of an Flexibility Act. reports will be instrumental in ensuring association, business, labor union, etc.). We prepared a regulatory evaluation that as much information as possible is You may review the DOT’s complete of the estimated costs to comply with gathered regarding the nature of the Privacy Act Statement in the Federal this AD and placed it in the AD docket. fatigue rupture causing the broken Register published on April 11, 2000 See the ADDRESSES section for a location guides and that the new design of servo (65 FR 19477–78), or you may visit to examine the regulatory evaluation. control to be used in a terminating http://dms.dot.gov. List of Subjects in 14 CFR Part 39 modification, which the manufacturer is Examining the Docket currently developing, will adequately Air transportation, Aircraft, Aviation address the subject unsafe condition. You may examine the AD docket on safety, Incorporation by reference, the Internet at http://dms.dot.gov, or in Safety. Clarification of Corrective Actions person at the Docket Management Specified in the French Airworthiness Facility office between 9 a.m. and 5 Adoption of the Amendment Directive p.m., Monday through Friday, except I Accordingly, under the authority The French airworthiness directive Federal holidays. The Docket delegated to me by the Administrator, does not define what ‘‘corrective Management Facility office (telephone the FAA amends 14 CFR part 39 as actions’’ should be taken when an (800) 647–5227) is located on the plaza follows: elevator servo-loop test fails. We have level of the Nassif Building at the DOT verified that those corrective actions are street address stated in the ADDRESSES PART 39—AIRWORTHINESS the actions described previously under section. Comments will be available in DIRECTIVES ‘‘Relevant Service Information.’’ the AD docket shortly after the Docket Management System receives them. I 1. The authority citation for part 39 Interim Action continues to read as follows: Authority for This Rulemaking We consider this AD interim action. Authority: 49 U.S.C. 106(g), 40113, 44701. The manufacturer is currently Title 49 of the United States Code developing a modification that will specifies the FAA’s authority to issue § 39.13 [Amended] address the unsafe condition identified rules on aviation safety. Subtitle I, I 2. The Federal Aviation in this AD. Once this modification is section 106, describes the authority of Administration (FAA) amends § 39.13 developed, approved, and available, we the FAA Administrator. Subtitle VII, by adding the following new may consider additional rulemaking. Aviation Programs, describes in more airworthiness directive (AD): detail the scope of the Agency’s FAA’s Determination of the Effective authority. 2005–23–10 Airbus: Amendment 39–14368. Date We are issuing this rulemaking under Docket No. FAA–2005–22881; Directorate Identifier 2005–NM–202–AD. An unsafe condition exists that the authority described in subtitle VII, requires the immediate adoption of this part A, subpart III, section 44701, Effective Date AD; therefore, providing notice and ‘‘General requirements.’’ Under that (a) This AD becomes effective November opportunity for public comment before section, Congress charges the FAA with 29, 2005. the AD is issued is impracticable, and promoting safe flight of civil aircraft in Affected ADs good cause exists to make this AD air commerce by prescribing regulations (b) None. effective in less than 30 days. for practices, methods, and procedures the Administrator finds necessary for Applicability Comments Invited safety in air commerce. This regulation (c) This AD applies to all Airbus Model This AD is a final rule that involves is within the scope of that authority A330–201, –202, –203, –223, –243, –301, requirements that affect flight safety and because it addresses an unsafe condition –321, –322, –323, –341, –342, and –343

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airplanes; and Model A340–211, –212, –213, Alternative Methods of Compliance ACTION: Final rule. –311, –312, and –313 airplanes; certificated (AMOCs) in any category. (j)(1) The Manager, International Branch, SUMMARY: The FAA is adopting a new Unsafe Condition ANM–116, Transport Airplane Directorate, airworthiness directive (AD) for certain FAA, has the authority to approve AMOCs Airbus Model A319–100 series (d) This AD results from reports of elevator for this AD, if requested in accordance with airplanes, Model A320–111 airplanes, servo control failures due to broken guides. the procedures found in 14 CFR 39.19. Model A320–200 series airplanes, and We are issuing this AD to ensure proper (2) Before using any AMOC approved in functioning of the elevator servo controls. Model A321–100 series airplanes accordance with § 39.19 on any airplane to equipped with any additional center Failure of the elevator servo controls during which the AMOC applies, notify the certain phases of takeoff could result in an appropriate principal inspector in the FAA tank (ACT). This AD requires unannounced loss of elevator control and Flight Standards Certificate Holding District identifying the part number of the ACT consequent reduced controllability of the Office. and, for certain ACTs, replacing the airplane. outer ACT manhole cover and seal. This Related Information Compliance AD results from reports of an ACT fuel (k) French airworthiness directive UF– (e) You are responsible for having the transfer failure due to air leakage around 2005–171, dated October 3, 2005, also the seal of the outer manhole covers of actions required by this AD performed within addresses the subject of this AD. the compliance times specified, unless the the ACTs. We are issuing this AD to actions have already been done. Material Incorporated by Reference prevent this leakage, which could result Service Information (l) You must use Airbus All Operators in fuel or fuel vapor leaking into the Telex A330–27A3138, Revision 01, dated cargo compartment, and consequent (f) The term ‘‘AOT,’’ as used in this AD, October 3, 2005; or Airbus All Operators means section 4.2. ‘‘Description’’ of the increased risk of a fire in the cargo Telex A340–27A4137, Revision 01, dated compartment. following service information, as applicable: October 3, 2005; as applicable, to perform the (1) For Model A330–200 and –300 series actions that are required by this AD, unless DATES: This AD becomes effective airplanes: Airbus All Operators Telex A330– the AD specifies otherwise. The Director of December 19, 2005. 27A3138, Revision 01, dated October 3, 2005; the Federal Register approved the The Director of the Federal Register and incorporation by reference of these approved the incorporation by reference (2) For Model A340–200 and –300 series documents in accordance with 5 U.S.C. airplanes: Airbus All Operators Telex A340– of a certain publication listed in the AD 552(a) and 1 CFR part 51. Contact Airbus, 1 as of December 19, 2005. 27A4137, Revision 01, dated October 3, 2005. Rond Point Maurice Bellonte, 31707 Blagnac ADDRESSES: You may examine the AD Initial and Repetitive Elevator Servo-Loop Cedex, France, for a copy of this service Tests information. You may review copies at the docket on the Internet at http:// Docket Management Facility, U.S. dms.dot.gov or in person at the Docket (g) Within 200 flight hours after the Department of Transportation, 400 Seventh effective date of this AD: Test the elevator Management Facility, U.S. Department Street SW., room PL–401, Nassif Building, servo-loops, in accordance with the AOT. If of Transportation, 400 Seventh Street Washington, DC; on the Internet at http:// the test of the elevator servo-loops passes, SW., Nassif Building, room PL–401, dms.dot.gov; or at the National Archives and repeat the test at intervals not to exceed 140 Washington, DC. Records Administration (NARA). For flight hours or 8 days, whichever occurs first. Contact Airbus, 1 Rond Point Maurice information on the availability of this Failed Tests material at the NARA, call (202) 741–6030, Bellonte, 31707 Blagnac Cedex, France, _ for service information identified in this (h) If any test of the elevator servo-loops or go to http://www.archives.gov/federal register/code_of_federal_regulations/ AD. required by paragraph (g) of this AD fails: _ Before further flight, troubleshoot the cause ibr locations.html. FOR FURTHER INFORMATION CONTACT: Tim of the test failure, and do the applicable Issued in Renton, Washington, on October Dulin, Aerospace Engineer, corrective actions; in accordance with the 31, 2005. International Branch, ANM–116, FAA, AOT. Thereafter, repeat the test at the times Ali Bahrami, Transport Airplane Directorate, 1601 specified in paragraph (g) of this AD. Manager, Transport Airplane Directorate, Lind Avenue, SW., Renton, Washington Reporting Requirement Aircraft Certification Service. 98055–4056; telephone (425) 227–2141; (i) Following each test required by [FR Doc. 05–22213 Filed 11–10–05; 8:45 am] fax (425) 227–1149. paragraph (g) of this AD, submit a report of BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: the findings of only failed elevator servo-loop tests to Airbus Customer Services, Examining the Docket Engineering and Technical Support, DEPARTMENT OF TRANSPORTATION You may examine the airworthiness Attention: Mr. J. Laurent, SEE53, fax +33/ directive (AD) docket on the Internet at (0)5.61.93.44.25; at the applicable time Federal Aviation Administration http://dms.dot.gov or in person at the specified in paragraph (i)(1) or (i)(2) of this Docket Management Facility office AD. The report must include the description 14 CFR Part 39 of the failure experienced during the test, the between 9 a.m. and 5 p.m., Monday identified cause of the failure, and the [Docket No. FAA–2005–22120; Directorate through Friday, except Federal holidays. number of flight hours and flight cycles on Identifier 2004–NM–92–AD; Amendment 39– The Docket Management Facility office the airplane. Under the provisions of the 14360; AD 2005–23–02] (telephone (800) 647–5227) is located on Paperwork Reduction Act of 1980 (44 U.S.C. the plaza level of the Nassif Building at RIN 2120–AA64 3501 et seq.), the Office of Management and the street address stated in the Budget (OMB) has approved the information ADDRESSES section. collection requirements contained in this AD Airworthiness Directives; Airbus Model and has assigned OMB Control Number A319–100 Series Airplanes, Model Discussion A320–111 Airplanes, Model A320–200 2120–0056. The FAA issued a notice of proposed (1) If the test was done after the effective Series Airplanes, and Model A321–100 rulemaking (NPRM) to amend 14 CFR date of this AD: Submit the report within 10 Series Airplanes days after the test. part 39 to include an AD that would (2) If the test was done prior to the effective AGENCY: Federal Aviation apply to certain Airbus Model A319– date of this AD: Submit the report within 10 Administration (FAA), Department of 100 series airplanes, Model A320–111 days after the effective date of this AD. Transportation (DOT). airplanes, Model A320–200 series

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airplanes, and Model A321–100 series Additional Service Bulletin Information the principal inspector before using any airplanes equipped with certain After the NPRM was issued Airbus approved AMOC on any airplane to additional center tanks (ACT). That released Revision 02 of service bulletin which the AMOC applies. NPRM was published in the Federal A321–28–1105, dated March 11, 2005. Conclusion Register on August 17, 2005 (70 FR We have reviewed it, and it is 48336). That NPRM proposed to require substantially similar to Revision 01, We have carefully reviewed the identifying the part number (P/N) of the which was referred to in the NPRM as available data, including the comment ACT and, for certain ACTs, replacing the acceptable source of service received, and determined that air safety the outer ACT manhole cover and seal. information. We have revised paragraph and the public interest require adopting (g) of this AD to refer to Revision 02 of the AD with the change described Comments the service bulletin as the acceptable previously. We have determined that this change will neither increase the We provided the public the source of service information, and to give credit for doing Revision 01 before economic burden on any operator nor opportunity to participate in the increase the scope of the AD. development of this AD. We have the effective date of this AD. considered the single comment Clarification of Alternative Method of Costs of Compliance received. The commenter supports the Compliance (AMOC) Paragraph The following table provides the NPRM. We have revised this action to clarify estimated costs for U.S. operators to the appropriate procedure for notifying comply with this AD.

ESTIMATED COSTS

Average Number of Action Work hours hourly labor Parts Cost per U.S.-registered Fleet cost rate airplane airplanes

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

Authority for this Rulemaking (2) Is not a ‘‘significant rule’’ under Effective Date DOT Regulatory Policies and Procedures Title 49 of the United States Code (a) This AD becomes effective December (44 FR 11034, February 26, 1979); and specifies the FAA’s authority to issue 19, 2005. (3) Will not have a significant rules on aviation safety. Subtitle I, Affected ADs economic impact, positive or negative, section 106, describes the authority of on a substantial number of small entities (b) None. the FAA Administrator. Subtitle VII, under the criteria of the Regulatory Aviation Programs, describes in more Applicability Flexibility Act. detail the scope of the Agency’s (c) This AD applies to Airbus Model A319– We prepared a regulatory evaluation authority. 111, –112, –113, –114, –115, –131, –132, and of the estimated costs to comply with –133 airplanes; Model A320–111, –211, –212, We are issuing this rulemaking under this AD and placed it in the AD docket. –214, –231, –232, and –233 airplanes; and the authority described in subtitle VII, See the ADDRESSES section for a location Model A321–111, –112, and –131 airplanes; part A, subpart III, section 44701, to examine the regulatory evaluation. certificated in any category; which are ‘‘General requirements.’’ Under that equipped with any additional center tank section, Congress charges the FAA with List of Subjects in 14 CFR Part 39 (ACT). promoting safe flight of civil aircraft in Air transportation, Aircraft, Aviation Unsafe Condition air commerce by prescribing regulations safety, Incorporation by reference, (d) This AD was prompted by reports of an for practices, methods, and procedures Safety. the Administrator finds necessary for ACT fuel transfer failure due to air leakage Adoption of the Amendment around the seal of the outer manhole covers safety in air commerce. This regulation of the ACTs. We are requiring this AD to is within the scope of that authority I Accordingly, under the authority prevent this leakage, which could result in because it addresses an unsafe condition delegated to me by the Administrator, fuel or fuel vapor leaking into the cargo that is likely to exist or develop on the FAA amends 14 CFR part 39 as compartment, and consequent increased risk products identified in this rulemaking follows: of a fire in the cargo compartment. action. Compliance PART 39—AIRWORTHINESS Regulatory Findings (e) You are responsible for having the DIRECTIVES We have determined that this AD will actions required by this AD performed within I 1. The authority citation for part 39 the compliance times specified, unless the not have federalism implications under actions have already been done. Executive Order 13132. This AD will continues to read as follows: not have a substantial direct effect on Authority: 49 U.S.C. 106(g), 40113, 44701. Part Number Identification the States, on the relationship between (f) Within 30 days (for Model A319–111, the national government and the States, § 39.13 [Amended] –112, –113, –114, –115, –131, –132, and –133 or on the distribution of power and I 2. The Federal Aviation airplanes) or 12 months (for Model A320– responsibilities among the various Administration (FAA) amends § 39.13 111, –211, –212, –214, –231, –232, and –233 levels of government. by adding the following new airplanes; and Model A321–111, –112, and –131 airplanes) after the effective date of this For the reasons discussed above, I airworthiness directive (AD): AD: Determine whether the part number (P/ certify that this AD: 2005–23–02 Airbus: Amendment 39–14360. N) of each ACT installed on the airplane is (1) Is not a ‘‘significant regulatory Docket No. FAA–2005–22120; included in Table 1 of this AD. If no ACT action’’ under Executive Order 12866; Directorate Identifier 2004–NM–92–AD. installed on the airplane has a P/N included

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in Table 1 of this AD, no further work is Related Information spherical accumulator) and fatigue required by this paragraph. (j) French airworthiness directive F–2004– cracks found on four thrust reverser 038, dated March 17, 2004, also addresses the accumulators. We are issuing this AD to TABLE 1.—AFFECTED ACT P/NS subject of this AD. prevent failure of the spherical Material Incorporated by Reference accumulator for the main hydraulic D2827091100000 system, due to fatigue cracking on the (k) You must use Airbus Service Bulletin D2827091100200 threads, which could result in the loss D2827091100600 A320–28–1105, Revision 02, dated March 11, D2827091300000 2005, to perform the actions that are required of hydraulic power, damage to the D2827091300200 by this AD, unless the AD specifies surrounding airplane structure, and loss D2827091300400 otherwise. The Director of the Federal of airplane control. The failure of the D2827105100000 Register approved the incorporation by accumulator could also result in injury D2827105100200 reference of this document in accordance to any persons in the surrounding area. D2827105100400 with 5 U.S.C. 552(a) and 1 CFR part 51. The loss of hydraulic fluid could also D2827105200000 Contact Airbus, 1 Rond Point Maurice leak onto a potential source of ignition D2827105200200 Bellonte, 31707 Blagnac Cedex, France, for a D2827105200400 copy of this service information. You may and result in a consequent fire. D2827105300000 review copies at the Docket Management DATES: This AD becomes effective D2827105300200 Facility, U.S. Department of Transportation, December 19, 2005. D2827105300400 400 Seventh Street SW., room PL–401, Nassif The Director of the Federal Register D2827105400000 Building, Washington, DC; on the Internet at approved the incorporation by reference D2827105400200 http://dms.dot.gov; or at the National of certain publications listed in the AD D2827105400400 Archives and Records Administration as of December 19, 2005. D2827105400600 (NARA). For information on the availability D2827105400800 of this material at the NARA, call (202) 741– ADDRESSES: You may examine the AD D2827105500000 6030, or go to http://www.archives.gov/ docket on the Internet at http:// D2827105500200 federal_register/code_of_federal_regulations/ dms.dot.gov or in person at the Docket D2827105500400 ibr_locations.html. Management Facility, U.S. Department D2827105600000 Issued in Renton, Washington on October of Transportation, 400 Seventh Street D2827105600200 SW., Nassif Building, room PL–401, D2827105600400 26, 2005. D2827107500000 Kalene C. Yanamura, Washington, DC. Contact Learjet, Inc., One Learjet Way, D2827107500200 Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. Wichita, Kansas 67209–2942, for service information identified in this AD. Manhole Cover/Seal Replacement [FR Doc. 05–22219 Filed 11–10–05; 8:45 am] FOR FURTHER INFORMATION CONTACT: (g) Within 30 days (for Model A319–111, BILLING CODE 4910–13–P –112, –113, –114, –115, –131, –132, and –133 Robert Busto, Aerospace Engineer, airplanes) or 12 months (for Model A320– Systems and Propulsion Branch, ACE– 111, –211, –212, –214, –231, –232, and –233 DEPARTMENT OF TRANSPORTATION 116W, FAA, Wichita Aircraft airplanes; and Model A321–111, –112, and Certification Office, 1801 Airport Road, –131 airplanes) after the effective date of this Federal Aviation Administration Room 100, Mid-Continent Airport, AD: For each ACT P/N listed in Table 1 of Wichita, Kansas 67209; telephone (316) this AD: Before further flight, replace the 14 CFR Part 39 946–4157; fax (316) 946–4107. outer ACT manhole cover with a reinforced manhole cover and replace the outer [Docket No. FAA–2005–22169; Directorate SUPPLEMENTARY INFORMATION: manhole cover seal with a new seal, in Identifier 2005–NM–094–AD; Amendment Examining the Docket accordance with the Accomplishment 39–14361; AD 2005–23–03] Instructions of Airbus Service Bulletin A320– You may examine the airworthiness 28–1105, Revision 02, dated March 11, 2005. RIN 2120–AA64 directive (AD) docket on the Internet at Replacements are also acceptable if done http://dms.dot.gov or in person at the Airworthiness Directives; Learjet before the effective date of this AD in Docket Management Facility office Model 23, 24, 24A, 24B, 24B–A, 24C, accordance with Airbus Service Bulletin between 9 a.m. and 5 p.m., Monday A320–28–1105, Revision 01, dated March 18, 24D, 24D–A, 24E, 24F, 24F–A, 25, 25A, through Friday, except Federal holidays. 2003; and Airbus Service Bulletin A320–28– 25B, 25C, 25D, and 25F Airplanes 1105, dated October 22, 2002. The Docket Management Facility office AGENCY: Federal Aviation (telephone (800) 647–5227) is located on Parts Installation Administration (FAA), Department of the plaza level of the Nassif Building at (h) As of the effective date of this AD, no Transportation (DOT). the street address stated in the person may install an ACT having any P/N ACTION: Final rule. ADDRESSES section. listed in Table 1 of this AD, unless the actions required by paragraph (g) of this AD SUMMARY: The FAA is adopting a new Discussion have been done for that ACT. airworthiness directive (AD) for certain The FAA issued a notice of proposed Alternative Methods of Compliance Learjet Model 23, 24, 24A, 24B, 24B–A, rulemaking (NPRM) to amend 14 CFR (AMOCs) 24C, 24D, 24D–A, 24E, 24F, 24F–A, 25, part 39 to include an AD that would (i)(1) The Manager, International Branch, 25A, 25B, 25C, 25D, and 25F airplanes. apply to certain Learjet Model 23, 24, ANM–116, Transport Airplane Directorate, This AD requires replacement of the 24A, 24B, 24B–A, 24C, 24D, 24D–A, FAA, has the authority to approve AMOCs spherical accumulator for the main 24E, 24F, 24F–A, 25, 25A, 25B, 25C, for this AD, if requested in accordance with hydraulic system with a new cylindrical 25D, and 25F airplanes. That NPRM was the procedures found in 14 CFR 39.19. accumulator. For certain airplanes, this published in the Federal Register on (2) Before using any AMOC approved in accordance with § 39.19 on any airplane to AD also requires modification of the August 23, 2005 (70 FR 49210). That which the AMOC applies, notify the accumulator pressure gauge. This AD NPRM proposed to require replacement appropriate principal inspector in the FAA results from reports of the failure of two of the spherical accumulator for the Flight Standards Certificate Holding District thrust reverser accumulators (which are main hydraulic system with a new Office. similar to the main hydraulic system’s cylindrical accumulator. For certain

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airplanes, that proposed AD would also Regulatory Findings Unsafe Condition require modification of the accumulator We have determined that this AD will (d) This AD results from reports of the pressure gauge. not have federalism implications under failure of two thrust reverser accumulators (which are similar to the main hydraulic Comments Executive Order 13132. This AD will system’s accumulator) and fatigue cracks not have a substantial direct effect on We provided the public the found on four thrust reverser accumulators. the States, on the relationship between We are issuing this AD to prevent failure of opportunity to participate in the the national government and the States, the spherical accumulator for the main development of this AD. We received no or on the distribution of power and hydraulic system, due to fatigue cracking on comments on the NPRM or on the responsibilities among the various the threads, which could result in the loss of determination of the cost to the public. levels of government. hydraulic power, damage to the surrounding For the reasons discussed above, I airplane structure, and loss of airplane Clarification of Alternative Method of control. The failure of the accumulator could Compliance (AMOC) Paragraph certify that this AD: also result in injury to any persons in the (1) Is not a ‘‘significant regulatory We have revised this action to clarify surrounding area. The loss of hydraulic fluid action’’ under Executive Order 12866; could also leak onto a potential source of the appropriate procedure for notifying (2) Is not a ‘‘significant rule’’ under ignition and result in a consequent fire. the principal inspector before using any DOT Regulatory Policies and Procedures Compliance approved AMOC on any airplane to (44 FR 11034, February 26, 1979); and which the AMOC applies. (3) Will not have a significant (e) You are responsible for having the economic impact, positive or negative, actions required by this AD performed within Conclusion the compliance times specified, unless the on a substantial number of small entities actions have already been done. We have carefully reviewed the under the criteria of the Regulatory available data, and determined that air Flexibility Act. Replacement safety and the public interest require We prepared a regulatory evaluation (f) Within 60 days after the effective date adopting the AD with the change of the estimated costs to comply with of this AD, replace the spherical accumulator described previously. We have this AD and placed it in the AD docket. having part number (P/N) 2380025–() or P/N 2380167–() with a new cylindrical determined that this change will neither See the ADDRESSES section for a location accumulator having P/N 2497202–801, in increase the economic burden on any to examine the regulatory evaluation. operator nor increase the scope of the accordance with the Accomplishment List of Subjects in 14 CFR Part 39 Instructions of Bombardier Alert Service AD. Bulletin A23/24/25–29–4, Revision 1, dated Costs of Compliance Air transportation, Aircraft, Aviation January 17, 2005. safety, Incorporation by reference, There are about 434 airplanes of the Safety. Concurrent Action affected design in the worldwide fleet. (g) For airplanes having serial numbers 23– This AD will affect about 242 airplanes Adoption of the Amendment 003 through 23–014 inclusive: Prior to or concurrently with the actions in Bombardier of U.S. registry. The actions will take I Accordingly, under the authority about 9 to 13 work hours per airplane, Alert Service Bulletin A23/24/25–29–4, delegated to me by the Administrator, Revision 1, dated January 17, 2005, relocate at an average labor rate of $65 per work the FAA amends 14 CFR part 39 as the accumulator pressure gauge in hour. Required parts will cost about follows: accordance with Learjet Service Kit SK23– $1,336 to $1,363 per airplane. Based on 215, dated April 4, 1966. these figures, the estimated cost of the PART 39—AIRWORTHINESS Parts Installation AD for U.S. operators is $464,882 to DIRECTIVES $534,336, or $1,921 to $2,208 per (h) As of the effective date, no spherical I airplane. 1. The authority citation for part 39 accumulator having P/N 2380025–() or P/N continues to read as follows: 2380167–() may be installed on any airplane. Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. Previous Actions Title 49 of the United States Code (i) Replacements done before the effective § 39.13 [Amended] specifies the FAA’s authority to issue date of this AD in accordance with rules on aviation safety. Subtitle I, I 2. The Federal Aviation Bombardier Alert Service Bulletin A23/24/ section 106, describes the authority of Administration (FAA) amends § 39.13 25–29–4, dated August 20, 2004, are the FAA Administrator. Subtitle VII, by adding the following new acceptable for compliance with the requirements of paragraph (f) of this AD. Aviation Programs, describes in more airworthiness directive (AD): detail the scope of the Agency’s 2005–23–03 Learjet: Amendment 39–14361. No Reporting Required authority. Docket No. FAA–2005–22169; (j) Although the service bulletin referenced We are issuing this rulemaking under Directorate Identifier 2005–NM–094–AD. in this AD specifies to submit certain information to the manufacturer, this AD the authority described in subtitle VII, Effective Date part A, subpart III, section 44701, does not include that requirement. (a) This AD becomes effective December ‘‘General requirements.’’ Under that 19, 2005. Alternative Methods of Compliance section, Congress charges the FAA with (AMOCs) promoting safe flight of civil aircraft in Affected ADs (k)(1) The Manager, Wichita Aircraft air commerce by prescribing regulations (b) None. Certification Office, FAA, has the authority to approve AMOCs for this AD, if requested in for practices, methods, and procedures Applicability the Administrator finds necessary for accordance with the procedures found in 14 safety in air commerce. This regulation (c) This AD applies to Learjet Model 23, 24, CFR 39.19. 24A, 24B, 24B–A, 24C, 24D, 24D–A, 24E, is within the scope of that authority (2) Before using any AMOC approved in 24F, 24F–A, 25, 25A, 25B, 25C, 25D, and 25F accordance with § 39.19 on any airplane to because it addresses an unsafe condition airplanes, certificated in any category; having which the AMOC applies, notify the that is likely to exist or develop on serial numbers 23–003 through 23–099 appropriate principal inspector in the FAA products identified in this rulemaking inclusive, 24–100 through 24–284 inclusive, Flight Standards Certificate Holding District action. and 25–003 through 25–153 inclusive. Office.

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Material Incorporated by Reference prevent failure of the NLG wheel Bulletin 145–32–0104, Revision 03, (l) You must use Bombardier Alert Service steering system, which could result in dated June 21, 2005 (EMBRAER Service Bulletin A23/24/25–29–4, Revision 1, dated reduced controllability of the airplane. Bulletin 145–32–0104, dated January 18, January 17, 2005; and Learjet Service Kit DATES: This AD becomes effective 2005, is referenced as an appropriate SK23–215, dated April 4, 1966; as applicable, December 19, 2005. source of service information for doing to perform the actions that are required by The Director of the Federal Register the actions specified in the NPRM). One this AD, unless the AD specifies otherwise. commenter proposes revising (The issue date of Learjet Service Kit SK23– approved the incorporation by reference 215 is located only on the first and last pages of certain publications listed in the AD paragraphs (c) and (f) of the NPRM to of the document.) The Director of the Federal as of December 19, 2005. reference Revision 03 of the service Register approved the incorporation by ADDRESSES: You may examine the AD bulletin. The same commenter also reference of this document in accordance docket on the Internet at http:// requests that EMBRAER Service with 5 U.S.C. 552(a) and 1 CFR part 51. dms.dot.gov or in person at the Docket Bulletin 145–32–0104, dated January 18, Contact Learjet, Inc., One Learjet Way, 2005; EMBRAER Service Bulletin 145– Wichita, Kansas 67209–2942, for a copy of Management Facility, U.S. Department of Transportation, 400 Seventh Street 32–0104, Revision 01, dated April 14, this service information. You may review 2005; and EMBRAER Service Bulletin copies at the Docket Management Facility, SW., Nassif Building, room PL–401, U.S. Department of Transportation, 400 Washington, DC. 145–32–0104, Revision 02, dated May Seventh Street SW., room PL–401, Nassif Contact Empresa Brasileira de 19, 2005; be considered acceptable for Building, Washington, DC; on the Internet at Aeronautica S.A. (EMBRAER), P.O. Box compliance with the NPRM. http://dms.dot.gov; or at the National 343—CEP 12.225, Sao Jose dos The same commenter also requests Archives and Records Administration Campos—SP, Brazil, for service that paragraphs (c) and (f) of the NPRM (NARA). For information on the availability information identified in this AD. be revised to reference EMBRAER of this material at the NARA, call (202) 741– Service Bulletin 145LEG–32–0020, 6030, or go to http://www.archives.gov/ FOR FURTHER INFORMATION CONTACT: Revision 01, June 21, 2005 (EMBRAER federal_register/code_of_federal_regulations/ Todd Thompson, Aerospace Engineer, Service Bulletin 145LEG–32–0020, ibr_locations.html. International Branch, ANM–116, FAA, dated April 1, 2005, is referenced as an Transport Airplane Directorate, 1601 Issued in Renton, Washington, on October appropriate source of service 26, 2005. Lind Avenue, SW., Renton, Washington information for doing the actions 98055–4056; telephone (425) 227–1175; Kalene C. Yanamura, specified in the NPRM). In addition, the fax (425) 227–1149. Acting Manager, Transport Airplane commenter requests that EMBRAER Directorate, Aircraft Certification Service. SUPPLEMENTARY INFORMATION: Service Bulletin 145LEG–32–0020, [FR Doc. 05–22220 Filed 11–10–05; 8:45 am] Examining the Docket dated April 1, 2005, be considered BILLING CODE 4910–13–P acceptable for compliance with the You may examine the airworthiness NPRM. directive (AD) docket on the Internet at We agree with the commenters. The DEPARTMENT OF TRANSPORTATION http://dms.dot.gov or in person at the procedures in Revision 01 of EMBRAER Docket Management Facility office Service Bulletin 145LEG–32–0020 are Federal Aviation Administration between 9 a.m. and 5 p.m., Monday essentially the same as those in the through Friday, except Federal holidays. original issue of the service bulletin. 14 CFR Part 39 The Docket Management Facility office Revision 01 was issued to correct (telephone (800) 647–5227) is located on [Docket No. FAA–2005–22147; Directorate certain diagrams. the plaza level of the Nassif Building at Identifier 2005–NM–114–AD; Amendment The procedures in Revision 03 of 39–14371; AD 2005–23–13] the street address stated in the EMBRAER Service Bulletin 145–32– ADDRESSES section. RIN 2120–AA64 0104 are essentially the same as those in Discussion the original issue of the service bulletin. Airworthiness Directives; Empresa Revisions 01 and 02 were issued to Brasileira de Aeronautica S.A. The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR revise certain figures. Revisions 01 and (EMBRAER) Model EMB–135 02 were also issued to split the Airplanes, and Model EMB–145, part 39 to include an AD that would apply to certain EMBRAER Model effectivity of the service bulletin into –145ER, –145MR, –145LR, –145XR, groups and clarify that serial numbers –145MP, and –145EP Airplanes EMB–135 airplanes, and Model EMB– 145, –145ER, –145MR, –145LR, –145XR, 14500839, 14500848, and 14500882 AGENCY: Federal Aviation –145MP, and –145EP airplanes. That have an equivalent factory-incorporated Administration (FAA), Department of NPRM was published in the Federal modification and are not affected Transportation (DOT). Register on August 22, 2005 (70 FR airplanes. Revision 03 was issued to update kit information. ACTION: Final rule. 48906). That NPRM proposed to require modification of the logic of the steering No airplanes have been added to the SUMMARY: The FAA is adopting a new system of the nose landing gear (NLG) effectivity of any revision of EMBRAER airworthiness directive (AD) for certain wheel. Service Bulletin 145–32–0104 or EMBRAER Model EMB–135 airplanes, 145LEG–32–0020. and Model EMB–145, –145ER, –145MR, Comments We have revised paragraphs (c) and (f) –145LR, –145XR, –145MP, and –145EP We provided the public the of this AD to reference EMBRAER airplanes. This AD requires opportunity to participate in the Service Bulletin 145–32–0104, Revision modification of the logic of the steering development of this AD. We have 03, dated June 21, 2005; and EMBRAER system of the nose landing gear (NLG) considered the comments received. Service Bulletin 145LEG–32–0020, wheel. This AD results from reports of Revision 01, June 21, 2005. We have the loss of directional control of the Request To Reference Latest Revision of also added a new paragraph (g) to this airplane on the ground after an internal EMBRAER Service Bulletins AD to state that actions accomplished failure of the NLG wheel steering Two commenters request that the according to the previous issues of the system. We are issuing this AD to NPRM reference EMBRAER Service service bulletins are acceptable for

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compliance with the corresponding For the reasons discussed above, I We are issuing this AD to prevent failure of requirements of this AD. certify that this AD: the NLG wheel steering system, which could (1) Is not a ‘‘significant regulatory result in reduced controllability of the Clarification of Alternative Method of action’’ under Executive Order 12866; airplane. Compliance (AMOC) Paragraph (2) Is not a ‘‘significant rule’’ under Compliance We have revised this action to clarify DOT Regulatory Policies and Procedures (e) You are responsible for having the the appropriate procedure for notifying (44 FR 11034, February 26, 1979); and actions required by this AD performed within the principal inspector before using any (3) Will not have a significant the compliance times specified, unless the approved AMOC on any airplane to economic impact, positive or negative, actions have already been done. which the AMOC applies. on a substantial number of small entities Modification under the criteria of the Regulatory Conclusion Flexibility Act. (f) Within 6,000 flight hours or 36 months We have carefully reviewed the after the effective date of this AD, whichever We prepared a regulatory evaluation occurs first, modify the logic of the NLG available data, including the comments of the estimated costs to comply with wheel steering system in accordance with the received, and determined that air safety this AD and placed it in the AD docket. Accomplishment Instructions of EMBRAER and the public interest require adopting See the ADDRESSES section for a location Service Bulletin 145LEG–32–0020, Revision the AD with the changes described to examine the regulatory evaluation. 01, June 21, 2005 (for Model EMB–135BJ previously. We have determined that airplanes); or EMBRAER Service Bulletin these changes will neither increase the List of Subjects in 14 CFR Part 39 145–32–0104, Revision 03, dated June 21, economic burden on any operator nor Air transportation, Aircraft, Aviation 2005 (for Model EMB–135ER, –135KE, increase the scope of the AD. safety, Incorporation by reference, –135KL, and –135LR airplanes; and Model Safety. EMB–145, –145ER, –145MR, –145LR, Costs of Compliance –145XR, –145MP, and –145EP airplanes); as applicable. This AD will affect about 620 Adoption of the Amendment airplanes of U.S. registry. The actions I Accordingly, under the authority Actions Accomplished in Accordance With will take about 6 work hours per delegated to me by the Administrator, Previous Issues of Service Bulletins airplane, at an average labor rate of $65 the FAA amends 14 CFR part 39 as (g) Actions accomplished before the per work hour. Required parts will cost follows: effective date of this AD in accordance with between $49 and $391. Based on these the service bulletins listed in Table 1 of this figures, the estimated cost of the AD for PART 39—AIRWORTHINESS AD are considered acceptable for compliance DIRECTIVES with the corresponding actions specified in U.S. operators is between $272,180 and this AD. $484,220, or between $439 and $781 per I 1. The authority citation for part 39 airplane. continues to read as follows: TABLE 1.—PREVIOUS ISSUES OF Authority for This Rulemaking Authority: 49 U.S.C. 106(g), 40113, 44701. SERVICE BULLETINS Title 49 of the United States Code § 39.13 [Amended] EMBRAER specifies the FAA’s authority to issue service Revision Date rules on aviation safety. Subtitle I, I 2. The Federal Aviation bulletin level Section 106, describes the authority of Administration (FAA) amends § 39.13 the FAA Administrator. Subtitle VII, by adding the following new 145–32–0104 Original January 18, 2005. Aviation Programs, describes in more airworthiness directive (AD): 145–32–0104 01 ...... April 4, 2005. 145–32–0104 02 ...... May 19, 2005. detail the scope of the Agency’s 2005–23–13 Empresa Brasileira de 145LEG–32– Original April 1, 2005. authority. Aeronautica S.A. (EMBRAER): 0020. We are issuing this rulemaking under Amendment 39–14371. Docket No. FAA–2005–22147; Directorate Identifier the authority described in Subtitle VII, Alternative Methods of Compliance 2005–NM–114–AD. Part A, Subpart III, Section 44701, (AMOCs) ‘‘General requirements.’’ Under that Effective Date (h)(1) The Manager, International Branch, section, Congress charges the FAA with (a) This AD becomes effective December ANM–116, Transport Airplane Directorate, promoting safe flight of civil aircraft in 19, 2005. FAA, has the authority to approve AMOCs air commerce by prescribing regulations for this AD, if requested in accordance with for practices, methods, and procedures Affected ADs the procedures found in 14 CFR 39.19. the Administrator finds necessary for (b) None. (2) Before using any AMOC approved in accordance with 14 CFR 39.19 on any safety in air commerce. This regulation Applicability is within the scope of that authority airplane to which the AMOC applies, notify because it addresses an unsafe condition (c) This AD applies to EMBRAER Model the appropriate principal inspector in the EMB–135BJ airplanes, identified in FAA Flight Standards Certificate Holding that is likely to exist or develop on EMBRAER Service Bulletin 145LEG–32– District Office. products identified in this rulemaking 0020, Revision 01, June 21, 2005; and Model action. EMB–135ER, –135KE, –135KL, and –135LR Related Information (i) Brazilian airworthiness directive 2005– Regulatory Findings airplanes, and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and 04–02, dated April 30, 2005, also addresses We have determined that this AD will –145EP airplanes, identified in EMBRAER the subject of this AD. Service Bulletin 145–32–0104, Revision 03, not have federalism implications under Material Incorporated by Reference Executive Order 13132. This AD will dated June 21, 2005; certificated in any not have a substantial direct effect on category. (j) You must use EMBRAER Service Bulletin 145LEG–32–0020, Revision 01, June the States, on the relationship between Unsafe Condition 21, 2005; or EMBRAER Service Bulletin 145– the national government and the States, (d) This AD results from reports of the loss 32–0104, Revision 03, dated June 21, 2005; or on the distribution of power and of directional control of the airplane on the as applicable, to perform the actions that are responsibilities among the various ground after an internal failure of the steering required by this AD, unless the AD specifies levels of government. system of the nose landing gear (NLG) wheel. otherwise. EMBRAER Service Bulletin

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145LEG–32–0020, Revision 01, June 21, 2005, contains the following effective pages:

Revision level shown Date shown on Page number on page page

1, 2, 15, 19 ...... 01 ...... June 21, 2005. 3–14, 16–18, 20, 21 ...... Original ...... April 1, 2005.

The Director of the Federal Register a fatigue test, which revealed cracking (Regional Jet Series 100 & 440) approved the incorporation by reference of of the aft pressure bulkhead; subsequent airplanes. TCCA advises that during a these documents in accordance with 5 U.S.C. in-service reports show that fatigue complete aircraft fatigue test, cracking of 552(a) and 1 CFR part 51. Contact Empresa cracking has been found on other the aft pressure bulkhead was found. Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos airplanes. We are issuing this AD to Subsequent in-service reports show that Campos—SP, Brazil, for a copy of this service detect and correct cracking in the aft fatigue cracking has been found on information. You may review copies at the pressure bulkhead, which could result airplanes with as few as 17,821 total Docket Management Facility, U.S. in reduced structural integrity and rapid flight cycles. This condition, if not Department of Transportation, 400 Seventh decompression of the airplane. corrected, could result in reduced Street SW., room PL–401, Nassif Building, DATES: This AD becomes effective structural integrity and rapid Washington, DC; on the Internet at http:// November 29, 2005. decompression of the airplane. dms.dot.gov; or at the National Archives and The Director of the Federal Register Records Administration (NARA). For Relevant Service Information information on the availability of this approved the incorporation by reference material at the NARA, call (202) 741–6030, of a certain publication listed in the AD Bombardier has issued Canadair or go to http://www.archives.gov/ as of November 29, 2005. Regional Jet Temporary Revision (TR) federal_register/code_of_federal_regulations/ We must receive comments on this 2B–2109, dated October 13, 2005, to the ibr_locations.html. AD by January 13, 2006. Canadair Regional Jet Maintenance Issued in Renton, Washington, on ADDRESSES: Use one of the following Requirements Manual (MRM), Part 2, November 2, 2005. addresses to submit comments on this Appendix B, ‘‘Airworthiness Ali Bahrami, AD. Limitations.’’ This TR incorporates • Manager, Transport Airplane Directorate, DOT Docket Web site: Go to repetitive special detailed and detailed Aircraft Certification Service. http://dms.dot.gov and follow the inspections for cracking of the aft [FR Doc. 05–22308 Filed 11–10–05; 8:45 am] instructions for sending your comments pressure bulkhead, in accordance with the procedures specified in the BILLING CODE 4910–13–P electronically. • Government-wide rulemaking Web applicable task identified in the TR, into site: Go to http://www.regulations.gov the MRM. TCCA mandated DEPARTMENT OF TRANSPORTATION and follow the instructions for sending airworthiness limitations (AWL) your comments electronically. Number 53–61–153 of the TR and Federal Aviation Administration • Mail: Docket Management Facility; issued Canadian airworthiness directive U.S. Department of Transportation, 400 CF–2005–13R1, dated October 6, 2005, 14 CFR Part 39 Seventh Street SW., Nassif Building, to ensure the continued airworthiness of room PL–401, Washington, DC 20590. these airplanes in Canada. [Docket No. FAA–2005–22867; Directorate • Fax: (202) 493–2251. Identifier 2005–NM–209–AD; Amendment • Hand Delivery: Room PL–401 on FAA’s Determination and Requirements 39–14359; AD 2005–23–01] the plaza level of the Nassif Building, of This AD RIN 2120–AA64 400 Seventh Street SW., Washington, This airplane model is manufactured DC, between 9 a.m. and 5 p.m., Monday in Canada and is type certificated for Airworthiness Directives; Bombardier through Friday, except Federal holidays. operation in the United States under the Model CL–600–2B19 (Regional Jet Contact Bombardier, Inc., Canadair, provisions of section 21.29 of the Series 100 & 440) Airplanes Aerospace Group, P.O. Box 6087, Federal Aviation Regulations (14 CFR AGENCY: Federal Aviation Station Centre-ville, Montreal, Quebec 21.29) and the applicable bilateral Administration (FAA), Department of H3C 3G9, Canada, for service airworthiness agreement. Pursuant to Transportation (DOT). information identified in this AD. this bilateral airworthiness agreement, ACTION: Final rule; request for FOR FURTHER INFORMATION CONTACT: TCCA has kept the FAA informed of the comments. Richard Beckwith, Aerospace Engineer, situation described above. We have Airframe and Propulsion Branch, ANE– examined TCCA’s findings, evaluated SUMMARY: The FAA is adopting a new 171, FAA, New York Aircraft all pertinent information, and airworthiness directive (AD) for certain Certification Office, 1600 Stewart determined that we need to issue an AD Bombardier Model CL–600–2B19 Avenue, suite 410, Westbury, New York for products of this type design that are (Regional Jet Series 100 & 440) 11590; telephone (516) 228–7302; fax certificated for operation in the United airplanes. This AD requires revising the (516) 794–5531. States. Airworthiness Limitations section of the SUPPLEMENTARY INFORMATION: Therefore, we are issuing this AD to Instructions for Continued detect and correct cracking in the aft Airworthiness of the Canadair Regional Discussion pressure bulkhead, which could result Jet Maintenance Requirements Manual Transport Canada Civil Aviation in reduced structural integrity and rapid by incorporating new procedures for (TCCA), which is the airworthiness decompression of the airplane. This AD repetitive detailed and special detailed authority for Canada, notified us that an requires revising the AWL section of the inspections for cracking of the aft unsafe condition may exist on certain Instructions for Continued pressure bulkhead. This AD results from Bombardier Model CL–600–2B19 Airworthiness of the Canadair Regional

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Jet MRM by incorporating new Examining the Docket List of Subjects in 14 CFR Part 39 repetitive detailed and special detailed You may examine the AD docket on inspections for cracking of the aft Air transportation, Aircraft, Aviation the Internet at http://dms.dot.gov, or in pressure bulkhead. This AD requires safety, Incorporation by reference, person at the Docket Management incorporating the actions specified in Safety. Facility office between 9 a.m. and 5 AWL Number 53–61–153 of the TR p.m., Monday through Friday, except Adoption of the Amendment described previously into the Canadair Federal holidays. The Docket Regional Jet MRM. I Management Facility office (telephone Accordingly, under the authority Difference Between the AD and (800) 647–5227) is located on the plaza delegated to me by the Administrator, Canadian Airworthiness Directive level of the Nassif Building at the DOT the FAA amends 14 CFR part 39 as street address stated in the ADDRESSES follows: The initial compliance times specified section. Comments will be available in in the Canadian airworthiness directive PART 39—AIRWORTHINESS the AD docket shortly after the Docket DIRECTIVES are different than those that are required Management System receives them. by this AD. The Canadian airworthiness I directive contains a phase-in period Authority for This Rulemaking 1. The authority citation for part 39 continues to read as follows: based on a previous issue of that Title 49 of the United States Code airworthiness directive; this AD does specifies the FAA’s authority to issue Authority: 49 U.S.C. 106(g), 40113, 44701. not include those compliance times. rules on aviation safety. Subtitle I, § 39.13 [Amended] This difference has been coordinated Section 106, describes the authority of with TCCA. the FAA Administrator. Subtitle VII, I 2. The Federal Aviation FAA’s Determination of the Effective Aviation Programs, describes in more Administration (FAA) amends § 39.13 Date detail the scope of the Agency’s by adding the following new authority. airworthiness directive (AD): An unsafe condition exists that We are issuing this rulemaking under 2005–23–01 Bombardier, Inc. (Formerly requires the immediate adoption of this the authority described in Subtitle VII, Canadair): Amendment 39–14359. AD; therefore, providing notice and Part A, Subpart III, Section 44701, Docket No. FAA–2005–22867; opportunity for public comment before ‘‘General requirements.’’ Under that Directorate Identifier 2005–NM–209–AD. the AD is issued is impracticable, and section, Congress charges the FAA with Effective Date good cause exists to make this AD promoting safe flight of civil aircraft in effective in less than 30 days. air commerce by prescribing regulations (a) This AD becomes effective November 29, 2005. for practices, methods, and procedures Comments Invited the Administrator finds necessary for Affected ADs This AD is a final rule that involves safety in air commerce. This regulation (b) None. is within the scope of that authority requirements that affect flight safety and Applicability because it addresses an unsafe condition was not preceded by notice and an (c) This AD applies to Bombardier Model opportunity for public comment; that is likely to exist or develop on products identified in this rulemaking CL–600–2B19 (Regional Jet Series 100 & 440) however, we invite you to submit any airplanes, certificated in any category, having relevant written data, views, or action. serial numbers 7003 through 8025 inclusive, arguments regarding this AD. Send your Regulatory Findings 8030 and 8034. comments to an address listed in the Note 1: This AD requires revisions to ADDRESSES section. Include ‘‘Docket No. We have determined that this AD will certain operator maintenance documents to FAA–2005–22867; Directorate Identifier not have federalism implications under include new inspections. Compliance with 2005–NM–209–AD’’ at the beginning of Executive Order 13132. This AD will these inspections is required by 14 CFR your comments. We specifically invite not have a substantial direct effect on 91.403(c). For airplanes that have been comments on the overall regulatory, the States, on the relationship between previously modified, altered, or repaired in the national government and the States, the areas addressed by these inspections, the economic, environmental, and energy operator may not be able to accomplish the aspects of the AD that might suggest a or on the distribution of power and responsibilities among the various inspections described in the revisions. In this need to modify it. situation, to comply with 14 CFR 91.403(c), levels of government. We will post all comments we the operator must request approval for an receive, without change, to http:// For the reasons discussed above, I alternative method of compliance according dms.dot.gov, including any personal certify that the regulation: to paragraph (h) of this AD. The request should include a description of changes to information you provide. We will also 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; the required inspections that will ensure the post a report summarizing each continued damage tolerance of the affected substantive verbal contact with FAA 2. Is not a ‘‘significant rule’’ under the structure. The FAA has provided guidance personnel concerning this AD. Using the DOT Regulatory Policies and Procedures for this determination in Advisory Circular search function of that Web site, anyone (44 FR 11034, February 26, 1979); and (AC) 25–1529. can find and read the comments in any 3. Will not have a significant of our dockets, including the name of economic impact, positive or negative, Unsafe Condition the individual who sent the comment on a substantial number of small entities (d) This AD results from a fatigue test (or signed the comment on behalf of an under the criteria of the Regulatory which revealed cracking of the aft pressure association, business, labor union, etc.). Flexibility Act. bulkhead; subsequent in-service reports show that fatigue cracking has been found on You may review the DOT’s complete We prepared a regulatory evaluation certain other airplanes. We are issuing this Privacy Act Statement in the Federal of the estimated costs to comply with AD to detect and correct cracking in the aft Register published on April 11, 2000 this AD and placed it in the AD docket. pressure bulkhead, which could result in (65 FR 19477–78), or you may visit See the ADDRESSES section for a location reduced structural integrity and rapid http://dms.dot.gov. to examine the regulatory evaluation. decompression of the airplane.

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Compliance Continued Airworthiness of the Canadair TR, at the applicable compliance time (e) You are responsible for having the Regional Jet Maintenance Requirements specified in Table 1 of this AD. Repeat the actions required by this AD performed within Manual (MRM), Part 2, Appendix B, detailed inspection thereafter at intervals not the compliance times specified, unless the ‘‘Structural Airworthiness Limitations’’ by to exceed 1,085 flight cycles, and repeat the actions have already been done. incorporating the information specified in special detailed inspection thereafter at AWL Number 53–61–153 of the Canadair intervals not to exceed 4,360 flight cycles, in Revision to the Airworthiness Limitations Regional Jet Temporary Revision (TR) 2B– accordance with the procedures specified in (AWL) Section 2109, dated October 13, 2005, into the AWL Structural Airworthiness Limitations, AWL (f) Within 30 days after the effective date section. Perform the applicable detailed and of this AD: Revise the Airworthiness special detailed inspections for cracking of Number 53–61–153, as introduced by the Limitations section of the Instructions for the aft pressure bulkhead, as specified in the MRM.

TABLE 1.—COMPLIANCE TIMES FOR INITIAL INSPECTIONS

As of the effective date of this AD: If the total flight cycles accumulated on the airplane are— Inspect before the airplane accumulates—

8,000 or fewer ...... 12,000 total flight cycles. More than 8,000 but fewer than 12,000 ...... 15,000 total flight cycles or within 4,000 flight cycles after the effective date of this AD, whichever is first. 12,000 or more but fewer than 15,000 ...... 17,000 total flight cycles or within 3,000 flight cycles after the effective date of this AD, whichever is first. 15,000 or more but fewer than 17,000 ...... 18,500 total flight cycles or within 2,000 flight cycles after the effective date of this AD, whichever is first. 17,000 or more but fewer than 18,500 ...... 19,500 total flight cycles or within 1,500 flight cycles after the effective date of this AD, whichever is first. 18,500 or more but fewer than 19,500 ...... 20,000 total flight cycles or within 1,000 flight cycles after the effective date of this AD, whichever is first. 19,500 or more ...... 500 flight cycles after the effective date of this AD.

(g) When the information in AWL Number Department of Transportation, 400 Seventh Empresa Brasileira de Aeronautica S.A. 53–61–153 of the Canadair Regional Jet TR Street SW., room PL–401, Nassif Building, (EMBRAER) Model ERJ 170 airplanes. 2B–2109, dated October 13, 2005, is included Washington, DC; on the Internet at http:// This AD requires repetitively replacing in the general revisions of the MRM, the dms.dot.gov; or at the National Archives and the low-stage check valve and general revisions may be inserted into the Records Administration (NARA). For AWL section of the Instructions for information on the availability of this associated seals of the right-hand engine Continued Airworthiness, and this material at the NARA, call (202) 741–6030, bleed system. This AD results from a information may be removed from the MRM. or go to http://www.archives.gov/federal_ report that an engine shut down during register/code_of_federal_ regulations/ flight due to the failure of the low-stage Alternative Methods of Compliance ibr_locations.html. (AMOCs) check valve to close. We are issuing this Issued in Renton, Washington, on October AD to prevent failure of the low-stage (h)(1) The Manager, New York Aircraft check valve, which could result in an Certification Office, FAA, has the authority to 31, 2005. approve AMOCs for this AD, if requested in Ali Bahrami, engine shutting down during flight. accordance with the procedures found in 14 Manager, Transport Airplane Directorate, DATES: This AD becomes effective CFR 39.19. Aircraft Certification Service. November 29, 2005. (2) Before using any AMOC approved in [FR Doc. 05–22309 Filed 11–10–05; 8:45 am] The Director of the Federal Register accordance with § 39.19 on any airplane to BILLING CODE 4910–13–P approved the incorporation by reference which the AMOC applies, notify the of a certain publication listed in the AD appropriate principal inspector in the FAA Flight Standards Certificate Holding District as of November 29, 2005. Office. DEPARTMENT OF TRANSPORTATION We must receive comments on this AD by January 13, 2006. Related Information Federal Aviation Administration ADDRESSES: Use one of the following (i) Canadian airworthiness directive CF– 2005–13R1, dated October 6, 2005, also 14 CFR Part 39 addresses to submit comments on this addresses the subject of this AD. AD. [Docket No. FAA–2005–22910; Directorate • DOT Docket Web site: Go to Material Incorporated by Reference Identifier 2005–NM–208–AD; Amendment http://dms.dot.gov and follow the (j) You must use Canadair Regional Jet 39–14372; AD 2005–23–14] instructions for sending your comments Temporary Revision 2B–2109, dated October RIN 2120–AA64 electronically. 13, 2005, to the Canadair Regional Jet • Government-wide rulemaking Web Maintenance Requirements Manual, Part 2, Airworthiness Directives; Empresa Appendix B, ‘‘Airworthiness Limitations,’’ to site: Go to http://www.regulations.gov perform the actions that are required by this Brasileira de Aeronautica S.A. and follow the instructions for sending AD, unless the AD specifies otherwise. The (EMBRAER) Model ERJ 170 Airplanes your comments electronically. Director of the Federal Register approved the • AGENCY: Federal Aviation Mail: Docket Management Facility; incorporation by reference of this document U.S. Department of Transportation, 400 in accordance with 5 U.S.C. 552(a) and 1 CFR Administration (FAA), Department of Transportation (DOT). Seventh Street SW., Nassif Building, part 51. Contact Bombardier, Inc., Canadair, room PL–401, Washington, DC 20590. Aerospace Group, P.O. Box 6087, Station ACTION: Final rule; request for • Fax: (202) 493–2251. Centre-ville, Montreal, Quebec H3C 3G9, comments. • Canada, for a copy of this service Hand Delivery: Room PL–401 on information. You may review copies at the SUMMARY: The FAA is adopting a new the plaza level of the Nassif Building, Docket Management Facility, U.S. airworthiness directive (AD) for all 400 Seventh Street SW., Washington,

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DC, between 9 a.m. and 5 p.m., Monday Therefore, we are issuing this AD to good cause exists to make this AD through Friday, except Federal holidays. prevent failure of the low-stage check effective in less than 30 days. valve, which could result in an engine Contact Empresa Brasileira de Comments Invited Aeronautica S.A. (EMBRAER), P.O. Box shutting down during flight. This AD 343—CEP 12.225, Sao Jose dos requires accomplishing the actions This AD is a final rule that involves Campos—SP, Brazil, for service specified in the service information requirements that affect flight safety and information identified in this AD. described previously, except as was not preceded by notice and an opportunity for public comment; FOR FURTHER INFORMATION CONTACT: described below in ‘‘Difference Between however, we invite you to submit any Todd Thompson, Aerospace Engineer, this AD and the Alert Service Bulletin.’’ relevant written data, views, or International Branch, ANM–116, FAA, The manufacturer is developing arguments regarding this AD. Send your Transport Airplane Directorate, 1601 further action on the check valves and comments to an address listed in the Lind Avenue, SW., Renton, Washington the supply of check valves. Further ADDRESSES section. Include ‘‘Docket No. 98055–4056; telephone (425) 227–1175; action may involve action on the left- FAA–2005–22910; Directorate Identifier fax (425) 227–1149. hand engine’s check valve. We may 2005–NM–208–AD’’ at the beginning of SUPPLEMENTARY INFORMATION: consider further rulemaking to require actions on the left-hand engine in your comments. We specifically invite Discussion addition to the actions required for the comments on the overall regulatory, right-hand engine. economic, environmental, and energy The Departamento de Aviacao Civil aspects of the AD that might suggest a (DAC), which is the airworthiness Clarification of AD and Brazilian need to modify it. authority for Brazil, notified us that an Airworthiness Directive Requirements We will post all comments we unsafe condition may exist on all receive, without change, to http:// The FAA recognizes that the unsafe Empresa Brasileira de Aeronautica S.A. dms.dot.gov, including any personal condition could occur on both engines. (EMBRAER) Model ERJ 170 airplanes. information you provide. We will also Based on the most recent parts supply The DAC advises that there was an post a report summarizing each information from the manufacturer, occurrence of an engine that shut down substantive verbal contact with FAA there are not enough replacement check during flight. A low-stage check valve of personnel concerning this AD. Using the valves available to mandate actions on the engine bleed system failed to close search function of that web site, anyone both engines without grounding due to excessive wear. This condition, can find and read the comments in any airplanes for an indeterminate amount if not corrected, could result in an of our dockets, including the name of of time. However, there are enough engine shutting down during flight. the individual who sent the comment check valves available to require action (or signed the comment on behalf of an Relevant Service Information on one engine, which would reduce the association, business, labor union, etc.). possibility that both engines could have EMBRAER has issued Alert Service You may review the DOT’s complete a failed check valve during a flight. We Bulletin 170–36–A004, dated September Privacy Act Statement in the Federal have considered the risks of a one- 28, 2005. The alert service bulletin Register published on April 11, 2000 engine failure in comparison to a dual- describes procedures for repetitively (65 FR 19477–78), or you may visit engine failure, and the efforts by the replacing the low-stage check valve and http://dms.dot.gov. associated seals of the engine bleed manufacturer to produce more system on the right-hand engine with a replacement parts. Based on this Examining the Docket new check valve and new seals. The assessment, we have determined that You may examine the AD docket on alert service bulletin also describes modifying one engine reduces the risk the Internet at http://dms.dot.gov, or in procedures to send the removed check of a dual-engine failure to the level that person at the Docket Management valve to the manufacturer. The DAC such action is sufficient at this time to Facility office between 9 a.m. and 5 mandated the alert service bulletin and produce an acceptable level of safety. p.m., Monday through Friday, except issued Brazilian emergency Difference Between This AD and the Federal holidays. The Docket airworthiness directive 2005–09–03, Alert Service Bulletin Management Facility office (telephone dated September 29, 2005, to ensure the (800) 647–5227) is located on the plaza continued airworthiness of these Operators should note that, although level of the Nassif Building at the DOT airplanes in Brazil. the Accomplishment Instructions of the street address stated in the ADDRESSES referenced alert service bulletin section. Comments will be available in FAA’s Determination and Requirements describes procedures for sending of This AD the AD docket shortly after the Docket removed check valves to the Management System receives them. This airplane model is manufactured manufacturer, this AD does not require in Brazil and is type certificated for that action. Authority for This Rulemaking operation in the United States under the Interim Action Title 49 of the United States Code provisions of section 21.29 of the specifies the FAA’s authority to issue Federal Aviation Regulations (14 CFR This is considered to be interim rules on aviation safety. Subtitle I, 21.29) and the applicable bilateral action until final action is identified, at section 106, describes the authority of airworthiness agreement. Pursuant to which time the FAA may consider the FAA Administrator. Subtitle VII, this bilateral airworthiness agreement, further rulemaking. Aviation Programs, describes in more the DAC has kept the FAA informed of FAA’s Determination of the Effective detail the scope of the Agency’s the situation described above. We have Date authority. examined the DAC’s findings, evaluated We are issuing this rulemaking under all pertinent information, and An unsafe condition exists that the authority described in subtitle VII, determined that we need to issue an AD requires the immediate adoption of this part A, subpart III, section 44701, for products of this type design that are AD; therefore, providing notice and ‘‘General requirements.’’ Under that certificated for operation in the United opportunity for public comment before section, Congress charges the FAA with States. the AD is issued is impracticable, and promoting safe flight of civil aircraft in

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air commerce by prescribing regulations Affected ADs with 5 U.S.C. 552(a) and 1 CFR part 51. for practices, methods, and procedures (b) None. Contact Empresa Brasileira de Aeronautica the Administrator finds necessary for S.A. (EMBRAER), P.O. Box 343–CEP 12.225, Applicability safety in air commerce. This regulation Sao Jose dos Campos–SP, Brazil, for a copy (c) This AD applies to all EMBRAER Model of this service information. You may review is within the scope of that authority copies at the Docket Management Facility, because it addresses an unsafe condition ERJ 170–100LR, –100 STD, –100SE, and –100 SU airplanes, certificated in any category. U.S. Department of Transportation, 400 that is likely to exist or develop on Seventh Street SW., room PL–401, Nassif products identified in this rulemaking Unsafe Condition Building, Washington, DC; on the Internet at action. (d) This AD results from a report that an http://dms.dot.gov; or at the National engine shut down during flight due to the Archives and Records Administration Regulatory Findings failure of the low-stage check valve to close. (NARA). For information on the availability We have determined that this AD will We are issuing this AD to prevent failure of of this material at the NARA, call (202) 741– the low-stage check valve, which could result 6030, or go to http://www.archives.gov/ not have federalism implications under _ _ _ _ Executive Order 13132. This AD will in an engine shutting down during flight. federal register/code of federal regulations/ ibr_locations.html. not have a substantial direct effect on Compliance Issued in Renton, Washington, on the States, on the relationship between (e) You are responsible for having the November 2, 2005. the national government and the States, actions required by this AD performed within or on the distribution of power and the compliance times specified, unless the Ali Bahrami, responsibilities among the various actions have already been done. Manager, Transport Airplane Directorate, Aircraft Certification Service. levels of government. Replacement For the reasons discussed above, I [FR Doc. 05–22442 Filed 11–10–05; 8:45 am] (f) Within 100 flight hours after the certify that the regulation: BILLING CODE 4910–13–P 1. Is not a ‘‘significant regulatory effective date of this AD or prior to the accumulation of 3,000 total flight hours, action’’ under Executive Order 12866; whichever occurs later, replace the low-stage 2. Is not a ‘‘significant rule’’ under the check valve and associated seals of the right- DEPARTMENT OF TRANSPORTATION DOT Regulatory Policies and Procedures hand engine’s engine bleed system with a (44 FR 11034, February 26, 1979); and new check valve and new seals in accordance Federal Aviation Administration 3. Will not have a significant with the Accomplishment Instructions of economic impact, positive or negative, EMBRAER Alert Service Bulletin 170–36– 14 CFR Part 71 A004, dated September 28, 2005. Repeat the on a substantial number of small entities [Airspace Docket No. 05–AWP–12] under the criteria of the Regulatory replacement thereafter at intervals not to exceed 3,000 flight hours. Flexibility Act. Establishment of a Class E Enroute We prepared a regulatory evaluation Parts Installation Domestic Airspace Area, San Luis of the estimated costs to comply with (g) As of the effective date of this AD, no Obispo, CA this AD and placed it in the AD docket. engine may be installed in the right-hand See the ADDRESSES section for a location position unless the low-stage check valve has AGENCY: Federal Aviation to examine the regulatory evaluation. been replaced in accordance with the actions Administration (FAA), DOT. required by paragraph (f) of this AD. ACTION: Direct final rule, request for List of Subjects in 14 CFR Part 39 Removed Check Valves comments. Air transportation, Aircraft, Aviation safety, Incorporation by reference, (h) Although EMBRAER Alert Service SUMMARY: This action establishes a Class Bulletin 170–36–A004, dated September 28, Safety. E enroute domestic airspace area west of 2005, specifies to send removed check valves San Luis Obispo, CA, to replace existing Adoption of the Amendment to the manufacturer, this AD does not Class G uncontrolled airspace. include that requirement. I Accordingly, under the authority DATES: 0901 UTC April 13, 2006. Alternative Methods of Compliance Comment date: Comments for inclusion delegated to me by the Administrator, (AMOCs) the FAA amends 14 CFR part 39 as in the Rules Docket must be received on follows: (i)(1) The Manager, International Branch, or before December 14, 2005. ANM–116, Transport Airplane Directorate, ADDRESSES: Send comments on the PART 39—AIRWORTHINESS FAA, has the authority to approve AMOCs for this AD, if requested in accordance with direct final rule in triplicate to: Federal DIRECTIVES the procedures found in 14 CFR 39.19. Aviation Administration, Attn: I 1. The authority citation for part 39 (2) Before using any AMOC approved in Manager, Airspace Branch, AWP–520, continues to read as follows: accordance with § 39.19 on any airplane to Docket No. 05–AWP–12, Western which the AMOC applies, notify the Terminal Operations, PO Box 92007, Authority: 49 U.S.C. 106(g), 40113, 44701. appropriate principal inspector in the FAA Worldway Postal Center, Los Angeles, Flight Standards Certificate Holding District § 39.13 [Amended] California 90009. The official docket Office. may be examined in the Office of the I 2. The Federal Aviation Related Information Assistant Chief Counsel, Western- Administration (FAA) amends § 39.13 Pacific Region, Federal Aviation by adding the following new (j) Brazilian emergency airworthiness directive 2005–09–03, dated September 29, Administration, Room 6007, 15000 airworthiness directive (AD): 2005, also addresses the subject of this AD. Aviation Boulevard, Lawndale, 2005–23–14 Empresa Brasileira de California 90261. Material Incorporated by Reference Aeronautica S.A. (EMBRAER): An informal docket may also be Amendment 39–14372. Docket No. (k) You must use EMBRAER Alert Service examined during normal business hours FAA–2005–22910; Directorate Identifier Bulletin 170–36–A004, dated September 28, at the Office of the Manager, Airspace 2005–NM–208–AD. 2005, to perform the actions that are required by this AD, unless the AD specifies Branch, Western Terminal Operations at Effective Date otherwise. The Director of the Federal the above address. (a) This AD becomes effective November Register approved the incorporation by FOR FURTHER INFORMATION CONTACT: 29, 2005. reference of this document in accordance Francie Hope, Western Terminal

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Operations Airspace Specialist, AWP– received on or before the closing date under the criteria of the Regulatory 520.3, Federal Aviation Administration, for comments will be considered, and Flexibility Act. 15000 Aviation Boulevard, Lawndale, this rule may be amended or withdrawn List of Subjects in 14 CFR Part 71 California 90261, telephone (310) 725– in light of the comments received. 6502. Factual information that supports the Airspace, Incorporation by reference, SUPPLEMENTARY INFORMATION: This commenter’s ideas and suggestions is Navigation (air). action will establish a Class E enroute extremely helpful in evaluating the Adoption of the Amendment domestic airspace area west of San Luis effectiveness of this action and Obispo to contain aircraft while in determining whether additional I In consideration of the foregoing, the Instrument Flight Rules (IFR) conditions rulemaking action would be needed. Federal Aviation Administration and under control of Santa Barbara Comments are specifically invited on amends 14 CFR part 71 as follows: Terminal Radar Approach Control the overall regulatory, economic, (TRACON). On November 2, 2005, environmental, and energy aspects of PART 71—DESIGNATION OF CLASS A, airspace will be transferred from Los the rule that might suggest a need to CLASS B, CLASS C, CLASS D, AND Angeles Air Route Traffic Control modify the rule. All comments CLASS E AIRSPACE AREAS; ROUTES; Center (ARTCC) to Santa Barbara submitted will be available, both before AND REPORTING POINTS TRACON. In order to provide positive and after the closing date for comments, I 1. The authority citation for 14 CFR control of aircraft in this area, the in the Rules Docket for examination by part 71 continues to read as follows: airspace must be designated as interested persons. A report that controlled airspace. summarizes each FAA-public contact Authority: 49 U.S.C. 106(g), 40103, 40113, Class E enroute domestic airspace 40120; E.O. 10854, 24 CR 9565, 3 CFR, 1959– concerned with the substance of this 1963 Comp., p. 389. areas are published in Paragraph 6006 of action will be filed in the Rules Docket. FAA Order 7400.9N dated September 1, Commenters wishing the FAA to § 71.1 [Amended] 2005, and effective September 16, 2005, acknowledge receipt of their comments which is incorporated by reference in 14 I 2. The incorporation by reference in submitted in response to this rule must 14 CFR 71.1 of the Federal Aviation CFR 71.1. The class E airspace submit a self-addressed, stamped designation listed in this document Administration Order 7400.9N, postcard on which the following Airspace Designations and Reporting would be published subsequently in statement is made: ‘‘Comments to this Order. Points, dated September 1, 2005, and Docket No. 05–AWP–12.’’ The postcard effective September 16, 2005, is The Direct Final Rule Procedure will be date stamped and returned to the amended as follows: The FAA anticipates that this commenter. * * * * * regulation will not result in adverse or Agency Findings negative comment and therefore is Paragraph 6006 Enroute Domestic Airspace issuing it as a direct final rule. Unless The regulations adopted herein will Areas not have substantial direct effects on the a written adverse or negative comment, * * * * * or a written notice of intent to submit State, on the relationship between the San Luis Obispo, CA [Established] an adverse or negative comment is national government and the States, or received within the comment period, on the distribution of power and That airspace extending upward from 1200 the regulation will become effective on responsibilities among the various feet above the surface (AGL) bounded on the levels of government. Therefore, in north by Monterey Class E5 airspace, on the the date specified above. After the close east by V27 and Santa Barbara Class E5 of the comment period, the FAA will accordance with Executive Order 12612, it is determined that this final rule does airspace, and on the south and west by publish a document in the Federal Control Area 115L. Register indicating that no adverse or not have sufficient federalism negative comments were received and implications to warrant the preparation Issued in Los Angeles, California, on October 28, 2005. confirming the date on which the final of a Federalism Assessment. rule will become effective. If the FAA The FAA has determined that this Tony DiBernardo, does receive, within the comment regulation is noncontroversial and Acting Area Director, Western Terminal period, an adverse or negative comment, unlikely to result in adverse or negative Operations. or written notice of intent to submit comments. For the reasons discussed in [FR Doc. 05–22523 Filed 11–10–05; 8:45 am] such a comment, a document the preamble, this regulation only BILLING CODE 4910–13–M withdrawing the direct final rule will be involves an established body of published in the Federal Register, and technical regulations for which frequent a notice of proposed rulemaking may be and routine amendments are necessary DEPARTMENT OF TRANSPORTATION published with a new comment period. to keep them operationally current. Therefore, this regulation—(1) is not a National Highway Traffic Safety Comments Invited ‘‘significant regulatory action’’ under Administration Although this action is in the form of Executive Order 12866; (2) is not a a final rule and was not preceded by a ‘‘significant rule’’ under DOT 23 CFR Part 1345 notice of proposed rulemaking, Regulatory Policies and Procedures (44 [Docket No. NHTSA–2005–22879] comments are invited on this rule. FR 11304; February 26, 1979); and (3) Interested persons are invited to does not warrant preparation of a RIN 2127–AJ72 comment on this rule by submitting Regulatory Evaluation as the anticipated Incentive Grant Criteria for Occupant such written data, views, and arguments impact is so minimal. Since this is a Protection Programs; Technical as they may desire. Communications routine matter than will only affect air Amendments should identify the Rules Docket traffic procedures and air navigation, it number and be submitted in triplicate to is certified that this rule will not have AGENCY: National Highway Traffic the address specified under the caption a significant economic impact on a Safety Administration, Department of ADDRESSES. All communications substantial number of small entities Transportation

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ACTION: Interim final rule; technical On August 10, 2005, the President of a grant shall be equal to 100 percent amendments. signed into law the Safe, Accountable, of the amount apportioned to the State Flexible, Efficient Transportation Equity under 23 U.S.C. 402 for FY 2003. We are SUMMARY: This document makes Act—A Legacy for Users (SAFETEA– making a number of other changes to technical amendments to the regulation LU), Public Law 109–59. SAFETEA–LU § 1345.4(b) to specify the Federal share, governing the Occupant Protection extends the occupant protection based on the number of years that a Incentive Grant program, 23 CFR part incentive grant program from FY 2006 State participates in the program. We 1345, in light of new legislation through FY 2009 by amending extending the program. It updates are amending § 1345.6 to indicate that provisions of 23 U.S.C. 405. The unobligated funds from this grant information to conform to the new time legislation updates a grant condition program may be transferred to programs period covered by the program and that previously required States to authorized under 23 U.S.C. 408 and 410. changes the due date for the submission maintain occupant protection program of applications. spending from other sources at or above To clarify the application and DATES: The technical amendments made average levels from the two fiscal years certification process for State in this rule are effective November 14, prior to the enactment of TEA–21 (FY participants under the new legislation, 2005. Comments on the change in the 1996–1997). As amended, 23 U.S.C. we are adding definitions for ‘‘first fiscal application due date must be submitted 405(a)(2) now requires States to year’’ and ‘‘subsequent fiscal years’’ in by December 14, 2005. maintain spending from other sources at § 1345.3. We are also eliminating ADDRESSES: Your comments must be or above average levels from the two references to ‘‘section 2003 of TEA–21.’’ written and in English. To ensure that fiscal years prior to the enactment of We are changing the application due your comments are filed correctly in the SAFETEA–LU (FY 2003–2004). The date in § 1345.4(a)(4) from August 1 of Docket, please include the docket legislation increases the amount of the applicable fiscal year to February 15. number of this document in your funds to which a State is entitled by We believe that an earlier application comments. Comments should be amending the apportionment percentage due date is appropriate for the new submitted (preferably in two copies) to: and updating the fiscal year under program because less lead time is 405(c). Prior to the amendment, a State Docket Management, Room PL–401, necessary for States to submit was entitled to an amount equal to 25 National Highway Traffic Safety applications under the extension of this Administration, 400 Seventh Street, percent of its Section 402 apportionment for FY 1997. A State now well-established program. The new due SW., Washington, DC 20590. (Docket date will allow these grant funds to be hours are Monday–Friday, 10 a.m. to 5 is entitled to an amount equal to 100 awarded in time for spring national p.m., excluding Federal holidays.) You percent of its section 402 apportionment safety belt mobilization campaigns. We may also submit your comments to the for FY 2003. The legislation also docket electronically by logging onto the specifies that grant funds may be are soliciting comments from the States Docket Management System (DMS) Web transferred among programs authorized on this change in the application due site at http://dms.dot.gov. Click on under 23 U.S.C. 405, 408, and 410. The date. ‘‘Help & Information’’ or ‘‘Help/Info’’ to previous legislation, TEA–21, These technical amendments are obtain instructions for filing your authorized the transfer of funds among mostly conforming amendments and comments electronically. programs authorized under 23 U.S.C. will not impose or relax any substantive 405, 410, and 411. FOR FURTHER INFORMATION CONTACT: For requirements or burdens on State grant SAFETEA–LU amends section program issues: Judy Hammond, Injury participants. Therefore, we find good 405(a)(4) to specify the Federal share to Control Operations and Resources, NTI– which a State is entitled. While the new cause that notice and opportunity for 200, telephone (202) 366–2121, fax (202) program begins in FY 2006, the Federal comment on these amendments (with 366–7394. For legal issues: David share is based on the number of fiscal the exception of the change in Bonelli, Office of Chief Counsel, NCC– years, beginning after September 30, application due date) are not necessary 113, telephone (202) 366–1834, fax (202) 2003, that the State has received a grant under the Administrative Procedures 366–3820, NHTSA, 400 Seventh Street, under the Section 405 program. Thus, Act. We also find good cause to limit the SW., Washington, DC 20590. counting back to FY 2004, for the first period for comment on the change in SUPPLEMENTARY INFORMATION: Section or second year in which a State receives the application due date to 30 days. A 2003 of The Transportation Equity Act a grant, the Federal share must not limited comment period is necessary to for the 21st Century (TEA–21), Public exceed 75 percent; for the third or give States adequate time after the Law 105–178 (1998) established a new fourth year, the Federal share must not effective date of the final rule to submit occupant protection incentive grant exceed 50 percent; and for the fifth or applications. A limited comment period program under Section 405 of Title 23, sixth year, the Federal share must not is also justified because we are soliciting United States Code. Under this program, exceed 25 percent. The determination of comment on a single issue. States could qualify for incentive grant the Federal share for the predecessor funds by adopting and implementing program under Section 405 remains Statutory Basis for This Interim Final effective programs to reduce highway unchanged. Rule deaths and injuries resulting from This document amends the provisions individuals riding unrestrained or of 23 CFR part 1345 to reflect these The statutory basis for this rule is the improperly restrained in motor vehicles. statutory changes and to extend the Safe, Accountable, Flexible, Efficient The program, which made grant funds occupant protection incentive grant Transportation Equity Act—A Legacy available from fiscal year (FY) 1998 program through FY 2009. We are for Users (SAFETEA-LU), Public Law through FY 2003, was designed to amending § 1345.4(a)(1)(iv) to indicate 109–59 (2005). SAFETEA-LU extends stimulate increased safety belt and child that States must maintain aggregate the occupant protection incentive grant safety seat use. Funding was continued expenditures from other sources at or program from FY 2006 through FY 2009 through FY 2005 by Congressional above the average level of expenditures by amending provisions of 23 U.S.C. appropriations extending TEA–21 grant in FY 2003–2004. We are amending 405. programs. § 1345.4(b)(1) to specify that the amount

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Regulatory Analyses and Notices development of regulatory policies that 65, Number 70; Pages 19477–78) or you have federalism implications.’’ This may visit http://dms.dot.gov. A. Executive Order 12866 and DOT interim final rule does not change the Regulatory Policies and Procedures List of Subjects in 23 CFR Part 1345 relationship between the national Executive Order 12866, ‘‘Regulatory government and the States, or the Grant programs—Transportation, Planning and Review’’ (58 FR 51735, distribution of power and Highway safety, Reporting and October 4, 1993), provides for making responsibilities among the various recordkeeping requirements. determinations whether a regulatory levels of government as specified in E.O. I In consideration of the foregoing, 23 action is ‘‘significant’’ and therefore 13132. This interim final rule merely CFR Part 1345 is amended to read as subject to Office of Management and extends the occupant protection follows: Budget (OMB) review and to the incentive grant program through FY requirements of the Executive Order. 2009, as directed by statute. We are PART 1345—INCENTIVE GRANT This rulemaking document is not soliciting public comment on one CRITERIA FOR OCCUPANT significant under Executive Order 12866 substantive change made in this interim PROTECTION PROGRAMS or the Department of Transportation’s final rule—the change in application I (DOT) regulatory policies and due date in Section 1345.4(b)(4) from 1. The authority citation is amended procedures. (44 FR 11034, February 26, August 1 of the applicable fiscal year to to read as follows: 1979). The effect of this rulemaking February 15. Authority: Pub. L. 105–78; Pub. L. 109–59; action is to make technical amendments 23 U.S.C. 405; delegation of authority at 49 to the regulation governing the E. Paperwork Reduction Act CFR 1.50. Occupant Protection Incentive Grant This interim final rule does not add I 2. Section 1345.1 is revised to read as program, in light of new legislation any new information collection follows: extending the program. It will not requirements, as that term is defined by impose any additional burden on any the Office of Management and Budget § 1345.1 Scope. person. The agency believes that this (OMB) in 5 CFR part 1320. The existing This part establishes criteria, in impact is minimal and does not warrant requirements have been submitted accordance with 23 U.S.C. 405, for the preparation of a regulatory previously to and approved by OMB, awarding incentive grants to States that evaluation. pursuant to the Paperwork Reduction adopt and implement effective programs Act (44 U.S.C. 3501, et seq.). These to reduce highway deaths and injuries B. Environmental Impacts requirements have been approved under resulting from individuals riding We have not conducted an evaluation OMB No. 2127–0600, through April 30, unrestrained or improperly restrained in of the impacts of this interim final rule 2008. motor vehicles. under the National Environmental I 3. Section 1345.2 is revised to read as Policy Act. This rulemaking action F. The Unfunded Mandates Reform Act follows: makes technical amendments to the The Unfunded Mandates Reform Act regulation governing the Occupant of 1995 (Pub. L. 104–4) requires § 1345.2 Purpose. Protection Incentive Grant program, in agencies to prepare a written assessment The purpose of this part is to light of new legislation extending the of the costs, benefits and other effects of implement the provisions of 23 U.S.C. program. This rulemaking does not proposed or final rules that include a 405 and to encourage States to adopt impose any change that would have any Federal mandate likely to result in the effective occupant protection programs. environmental impacts. Accordingly, no expenditure by State, local or tribal I 4. Section 1345.3 is amended by environmental assessment is required. governments, in the aggregate, or by the removing paragraph designations (a) private sector, of more than $100 through (f) and adding the following C. Regulatory Flexibility Act million annually. This action will not definitions in alphabetical order to read Pursuant to the Regulatory Flexibility result in additional expenditures by as follows: Act, we have considered the impacts of state, local or tribal governments or by § 1345.3 Definitions. this rulemaking action on small entities any members of the private sector. (5 U.S.C. 601 et seq.). I certify that this Therefore, the agency has not prepared * * * * * First fiscal year means the first fiscal rulemaking action will not have a an economic assessment pursuant to the year beginning after September 30, significant economic impact upon a Unfunded Mandates Reform Act. substantial number of small entities 2003. within the context of the Regulatory G. Civil Justice Reform * * * * * Flexibility Act. The interim final rule This interim final rule does not have Subsequent fiscal years means the makes technical amendments to a any retroactive effect. A petition for second, third, fourth, fifth, or sixth regulation governing the Occupant reconsideration or other administrative fiscal year beginning after September 30, Protection Incentive Grant Program. proceedings are not required before 2003. States are the recipients of any funds parties may file suit in court. * * * * * awarded under this program, and they I H. Privacy Act 5. Section 1345.4 is amended by are not considered to be small entities, revising paragraphs (a)(1)(iv), (a)(4), and as that term is defined in the Regulatory Anyone is able to search the (b) to read as follows: Flexibility Act. Accordingly, we have electronic form of all comments not prepared a Final Regulatory received into any of our dockets by the § 1345.4 General Requirements. Flexibility Analysis. name of the individual submitting the (a) * * * comment (or signing the comment, if (1) * * * D. Executive Order 13132, Federalism submitted on behalf of an association, (iv) It will maintain its aggregate E.O. 13132 requires NHTSA to business, labor union, etc.). You may expenditures from all other sources, develop an accountable process to review DOT’s complete Privacy Act except those authorized under Chapter ensure ‘‘meaningful and timely input by Statement in the Federal Register 1 of Title 23 of the United States Code, State and local officials in the published on April 11, 2000 (Volume for its occupant protection programs at

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or above the average level of such substantive changes in the State’s laws, standards, and plan requirements for expenditures in fiscal years 2003 and regulations, or binding policy directives. nonattainment areas. 2004 (either State or federal fiscal year * * * * * DATES: This rule is effective on 2003 and 2004 can be used); I 7. Section 1345.6 is amended by December 14, 2005. * * * * * revising paragraphs (b) and (c) to read ADDRESSES: You can inspect copies of (4) To qualify for grant funds in any as follows: the docket for this action at EPA’s fiscal year, the application must be Region IX office during normal business received by the agency not later than § 1345.6 Award procedures. hours by appointment at the following February 15 of the fiscal year in which * * * * * location: EPA Region IX, 75 Hawthorne the State is applying for funds. (b) If any amounts authorized for Street, San Francisco, CA 94105–3901. * * * * * grants under this part for a fiscal year A reasonable fee may be charged for (b) Limitations on grants. A state may are expected to remain unobligated in copying parts of the docket. receive a grant in a fiscal year subject to that fiscal year, the Administrator may Copies of the SIP materials are also the following limitations: transfer such amounts to the programs available for inspection at the following (1) Beginning in fiscal year 2006, the authorized under 23 U.S.C. 408 and 23 locations: California Air Resources amount of a grant under § 1345.5 shall U.S.C. 410, to ensure to the extent Board, 1001 I Street, Sacramento, equal up to 100 percent of the State’s 23 possible that each State receives the California, 95812. South Coast Air U.S.C. 402 apportionment for fiscal year maximum incentive funding for which Quality Management District, 21865 E. 2003, subject to availability of funds. it is eligible. Copley Drive, Diamond Bar, California, (2) In the first and second fiscal years (c) If any amounts authorized for 91765. beginning after September 30, 2003 that grants under 23 U.S.C. 408 and 23 The 2003 Air Quality Management a State receives a grant, it shall be U.S.C. 410 are transferred to the grant Plan, which includes the South Coast reimbursed for up to 75 percent of the program under this part in a fiscal year, PM10 plan, is electronically available at: cost of its occupant protection program the Administrator shall distribute the http://www.aqmd.gov/aqmp/ adopted pursuant to 23 U.S.C. 405. transferred amounts so that each eligible AQMD03AQMP.htm (3) In the third and fourth fiscal years State receives a proportionate share of The 2003 Coachella Valley PM10 beginning after September 30, 2003 that these amounts, subject to the conditions State Implementation Plan is at: http:// a State receives a grant, it shall be specified in § 1345.4. www.aqmd.gov/aqmp/docs/ reimbursed for up to 50 percent of the Issued on: November 7, 2005. f2003cvsip.pdf cost of its occupant protection program Jacqueline Glassman, The fugitive dust rules are at: http:// adopted pursuant to 23 U.S.C. 405. Deputy Administrator. www.aqmd.gov/rules/rulesreg.html (4) In the fifth and sixth fiscal years FOR FURTHER INFORMATION CONTACT: [FR Doc. 05–22496 Filed 11–10–05; 8:45 am] beginning after September 30, 2003 that Dave Jesson, EPA Region IX, at (415) BILLING CODE 4910–59–P a State receives a grant, it shall be 972–3957, or [email protected]. reimbursed for up to 25 percent of the SUPPLEMENTARY INFORMATION: cost of its occupant protection program ENVIRONMENTAL PROTECTION Throughout this document, ‘‘we,’’ ‘‘us,’’ adopted pursuant to 23 U.S.C. 405. and ‘‘our’’ refer to EPA. I AGENCY 6. Section 1345.5 is amended by Table of Contents revising the first sentence in paragraph 40 CFR Part 52 (d)(4) introductory text; revising the I. Summary of Proposed Action [CA–314–0483; FRL–7975–7] II. Public Comments introductory text of paragraph (g), and III. EPA Action revising paragraph (g)(1) to read as Approval and Promulgation of State IV. Administrative Requirements follows: Implementation Plans for Air Quality I. Summary of Proposed Action § 1345.5 Requirements for a grant. Planning Purposes; California—South * * * * * Coast and Coachella On July 28, 2005 (70 FR 43663), we (d) * * * proposed to approve 2003 plan AGENCY: Environmental Protection amendments for the South Coast Air (4) To demonstrate compliance with Agency (EPA). this criterion in the first fiscal year the Basin (or ‘‘South Coast’’), as the plan ACTION: Final rule. State receives a grant based on this amendments pertain to attainment of the 24-hour and annual PM–10 criterion, the State shall submit a plan SUMMARY: EPA is taking final action to NAAQS.1 to conduct a program that covers each approve state implementation plan (SIP) We also proposed to approve element identified in paragraphs (d)(1) revisions submitted by the State of revisions to the PM–10 plan for the through (d)(3) of this section. * * * California to provide for attainment of Coachella Valley Planning Area (‘‘Coachella Valley’’).2 We proposed to * * * * * the particulate matter (PM–10) national approve the plans’’ PM–10 motor (g) Certifications in subsequent fiscal ambient air quality standards (NAAQS) vehicle emissions budgets for purposes years: (1) To demonstrate compliance in in the Los Angeles–South Coast Air of transportation conformity. Finally, subsequent fiscal years the State Basin and the Coachella Valley Area, we proposed to approve revisions to receives a grant based on criteria in and to establish emissions budgets for Rules 403, 403.1, and 1186 of the South paragraphs (a), (b), (c) or (f) of this these areas for purposes of section, if the State’s law, regulation or transportation conformity. EPA is also 1 The nonattainment area includes all of Orange binding policy directive has not approving revisions to fugitive dust County and the more populated portions of Los changed, the State, in lieu of regulations and ordinances for the areas. Angeles, San Bernardino, and Riverside Counties. resubmitting its law, regulation or EPA is approving these SIP revisions For a description of the boundaries of the Los binding policy directive as provided in under provisions of the Clean Air Act Angeles-South Coast Air Basin Area, see 40 CFR 81.305. paragraphs (a)(3), (b)(2), (c)(2)(i) or (f)(2) (CAA) regarding EPA action on SIP 2 The Coachella Valley Planning Area is in central of this section, may submit a statement submittals, SIPs for national primary Riverside County in the Salton Sea Air Basin. The certifying that there have been no and secondary ambient air quality boundary is defined at 40 CFR 81.305.

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Coast Air Quality Management District (4) revisions to the implementation Table 1 and new footnote 1 in Table 2, (SCAQMD) regulating fugitive dust handbooks for Rules 403 and 403.1, below, as requested by SCAQMD. emissions, and revised fugitive dust adopted by SCAQMD on April 2, 2004, With respect to the note on Table 1, ordinances for Coachella Valley and submitted by CARB on November the SCAQMD referenced material jurisdictions. These revisions update, 16, 2004; and provided on Agenda Item #39 for the improve, strengthen, and supplement (5) revised Coachella Valley ordinances, which were adopted by the December 3, 2004 Governing Board the approved SIP provisions for control 3 of PM–10 and PM–10 precursors in the local jurisdictions on various dates in meeting. The PRC–03 emission two areas. 2003 and 2004, and submitted by CARB reduction commitment for under-fired Our proposal was based on the on November 16, 2004. charbroilers was projected to be 0.2 tons following SIP submittals by the State of Our proposal contains detailed per day (tpd) of PM–10 by 2006 and 1.0 California: information on these SIP submittals and tpd by 2010. Substitute reductions come (1) That portion of the 2003 South our evaluation of the submittals against from the implementation of Rules 1186 Coast Air Quality Management Plan applicable CAA provisions and EPA and 403. The reductions in excess of the (‘‘2003 South Coast AQMP’’), including policies relating to serious area PM–10 AQMP commitment are estimated to be motor vehicle emissions budgets, SIPs. 0.7 tpd starting in 2005 for Rule 403 and adopted by the SCAQMD on August 1, II. Public Comments 0.28 tpd for Rule 1186 starting in 2006, 2003, and submitted to us on January 9, for a total of 0.98 tpd of PM–10. With 2004, that pertains to PM–10; We received two public comments. growth factors applied, the reduction is The first comment was from SCAQMD (2) the 2003 Coachella Valley PM10 estimated to be 1.04 tpd of PM–10 in (e-mail from Jill Whynot, dated August State Implementation Plan (‘‘2003 2010. Emission reductions from these Coachella Valley Plan’’), including 26, 2005), requesting that we annotate two rules are not counted in the 2003 motor vehicle emissions budgets, Table 1 (‘‘South Coast PM–10 Control adopted by the SCAQMD on August 1, Measures’’), with a footnote updating South Coast AQMP, and thus 0.28 tpd 2003, and submitted to us on January 9, information on certain of the measures, in 2006 and 1.0 tpd of PM–10 2004; and Table 2 (‘‘South Coast Emission reductions in 2010 may be substituted (3) revisions to Rules 403, 403.1, and Reduction Commitments), with a for the SIP commitment for PRC–03. 1186, adopted by SCAQMD on April 2, footnote providing an update on the This ensures that the plan will continue 2004, and submitted by CARB on July implementation of measure CMB–07. to meet the requirements for reasonable 29, 2004; We have inserted new footnote 3 in further progress and attainment.

TABLE 1.—SOUTH COAST PM–10 CONTROL MEASURES [Source: South Coast 2003 AQMP, Appendix IV–A]

2006 reduction Control measure No. Control measure title target in tons per day

Remaining 2002 SIP Control Measures

CMB–07 ...... Emission Reductions from Petroleum Refinery Flares (SOx) ...... 2.1 CMB–09 1 ...... Petroleum Refinery Fluid Catalytic Cracking Units (PM–10, NH3) ...... 0.1, 0 WST–01 1 ...... Emission Reductions from Livestock Waste (VOC, NH3) ...... 4.2, 8.7 WST–02 1 ...... Emission Reductions from Composting (VOC, NH3) ...... 1.2, 1.9 PRC–03 (P2) ...... Emission Reductions from Restaurant Operations (PM–10) 3 ...... 0.2

New Control Measures

BCM–07 1 ...... Further PM10 Reductions from Fugitive Dust Sources (PM–10) ...... TBD BCM–08 1 ...... Further Emission Reductions from Aggregate and Cement Manufacturing Operations (PM–10) ...... 0.6 MSC–04 ...... Miscellaneous Ammonia Sources (NH3) ...... TBD MSC–06 ...... Wood-Burning Fireplaces and Wood Stoves (PM–10) ...... TBD TCB–01 2 ...... Transportation Conformity Backstop Measure (PM–10) ...... 0 1 These measures have already been adopted by SCAQMD. Revisions to Rules 403 and 1186 fulfill BCM–07; new Rule 1127 (Emission Re- ductions from Livestock Waste, adopted 8/6/04) addresses WST–01; new Rule 1133.2 (Emission Reductions from Co-Composting Operations, adopted 1/10/03) responds to WST–02 commitments; new Rule 1105.1 (Reduction of PM–10 and Ammonia Emissions from Fluid Catalytic Cracking Units, adopted 11/7/03) meets the CMB–09 commitment; and new Rule 1157 (PM–10 Emissions Reductions from Aggregate and Re- lated Operations, adopted 1/07/05) fulfills the BCM–08 commitment. 2 This measure, which is intended to achieve reductions in PM–10 after the 2006 attainment date, is discussed below and in Section II.G., Motor Vehicle Emission Budgets. 3 In December 2004, the SCAQMD Governing Board made a finding at a public hearing that further reductions for this category were infeasible at this time. Emission reductions from Rules 403—Fugitive Dust, and 1186—PM–10 Emissions from Paved and Unpaved Roads, and Livestock Operations, were substituted for the emission reduction commitments for PRC–03.

3 This supplemental information is incorporated in the Docket for this rulemaking and it is also available electronically at: http://www.aqmd.gov/ hb/2004/041239a.html

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TABLE 2.—SOUTH COAST EMISSION REDUCTION COMMITMENTS—COMMITMENTS TO ADOPT AND IMPLEMENT NEW MEASURES TO ACHIEVE EMISSION REDUCTIONS IN TONS PER DAY FROM 2010 PLANNING INVENTORY [Source: South Coast 2003 AQMP, Table 4–8A]

1 VOC PM–10 NOX SOX Year Adopt Impl Adopt Impl Adopt Impl Adopt Impl

2004 ...... 2 .0 0 1.7 0 3.0 0 2 .1 0 2005 ...... 2 .0 0 0 0.16 2 .1 0 0 2 .1 2006 ...... 0 4.8 0 0.86 0 0 0 0 1 Compliance reports from the current version of Rule 1118—Emissions from Refinery Flares, show that these emission reductions have al- ready been achieved since 2003. Amendments to Rule 1118 currently being developed, and scheduled for consideration by the SCAQMD Gov- erning Board in 2005, would maintain the current reductions and seek additional reductions.

As noted in our proposal, the 2003 indicate that these two contingency Specifically, we are approving under Coachella Valley Plan contains no new measures do not apply to CARB. section 110(k)(3) the PM–10 portions of the 2003 South Coast AQMP and the control measure commitments, but III. EPA Action relies on the adopted revisions to Rules 2003 Coachella Valley Plan with respect 403 and 403.1 and the local ordinances. In this document, we are finalizing to the CAA requirements for emissions the actions on the submittals referenced inventories under section 172(c)(3); The second comment was from CARB above. We are approving revisions to control measures, as meeting the (letter from Cynthia Marvin, dated SCAQMD Rules 403 (except for requirements of sections 110(a), 188(e), August 29, 2005). CARB pointed out subdivision h), 403.1 (except for and 189(b)(1)(B); reasonable further that Table 8 (‘‘Proposed Approvals of subdivision j), and 1186 regulating progress under section 189(c)(1); South Coast and Coachella Valley PM– fugitive dust emissions; revisions to the contingency measures under section 10 Attainment Plan Submittals’’) implementation handbooks for the rules 172(c)(9); demonstration of attainment contains a typographical error, in (Rule 403 Implementation Handbook, under section 189(b)(1)(A); and motor referencing contingency measure CTY– Chapters 5, 7, and 8; Rule 403 Coachella vehicle emissions budgets under section 04. We have corrected this error in Valley Agricultural Handbook; Rule 176(c)(2)(A). Table 3 (‘‘Approvals of South Coast and 403.1 Implementation Handbook, Chapters 2, 3, 4, and 7); and revisions The South Coast and Coachella Valley Coachella Valley PM–10 Attainment budgets are displayed in our proposed Plan Submittals’’) in section III below, to the fugitive dust ordinances for 10 Coachella Valley jurisdictions. These approval as tables 6 and 7 respectively, by indicating that the approved at 70 FR 43672. We have previously contingency measure is CTY–14. revisions update, improve, strengthen, supplement, and replace the SIP determined that these budgets are CARB also asked that we note that the provisions for control of PM–10 and adequate (see 69 FR 15325, March 25, 2003 South Coast AQMP description of PM–10 precursors in the two areas. 2004), following posting of the budgets contingency measures CTY–01— We are approving the 2003 plan on EPA’s conformity Web site: http:// Accelerated Implementation of Control amendments to the 2002 SIPs for the www.epa.gov/ otaq/transp/conform/ Measures, and TCB–01—Transportation South Coast and Coachella Valley reg9sips.htm. Conformity Budget Backstop Measure serious nonattainment areas, as the plan We show the plan approvals in Table incorrectly lists CARB as an amendments pertain to CAA provisions 3—‘‘Approvals of South Coast and implementing agency. We have added a applicable to attainment SIPs for the 24- Coachella Valley PM–10 Attainment new footnote 1 to Table 3 below, to hour and annual PM–10 NAAQS. Plan Submittals.’’

TABLE 3.—APPROVALS OF SOUTH COAST AND COACHELLA VALLEY PM–10 ATTAINMENT PLAN SUBMITTALS

Plan Citation CAA Section Provision South Coast Coachella Valley

172(c)(3) ...... Emission Inventories .. 2003 South Coast AQMP, Chapter 3 (Tables 2003 Coachella Valley Plan, Tables 2–2, 2–3, 3–1A and 3–3A); Appendix III (Tables A–1, 2–4, and 2–5. A–2, A–3, A–5, and A–7); and Appendix V (Attachment 4). 110(a), 188(e), and Control Measures...... Table 1 (derived from 2003 South Coast No new measures. 189(b)(1)(B). AQMP, Appendix IV–A) and Table 2 (de- rived from 2003 South Coast AQMP, Table 4–8A). 172(c)(2), 189(c)(1) ..... Reasonable Further 2003 South Coast AQMP, Table 6–1 ...... Table 5 at 70 FR 43671 (derived from 2003 Progress. Coachella Valley Plan, Tables 2–9 and 2– 7). 172(c)(9) ...... Contingency Measures 2003 South Coast AQMP, Appendix IV–A, No new measures. Section 2 (CTY–01, CTY–14, TCB–01)1. 189(b)(1)(A) ...... Attainment Dem- 2003 South Coast AQMP, Chapter 5; Appen- 2003 Coachella Valley Plan, Chapter 3. onstration. dix V, Chapter 2.

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TABLE 3.—APPROVALS OF SOUTH COAST AND COACHELLA VALLEY PM–10 ATTAINMENT PLAN SUBMITTALS—Continued

Plan Citation CAA Section Provision South Coast Coachella Valley

176(c)(2)(A) ...... Motor Vehicle Emis- Table 6 at 70 FR 43672 (derived from ‘‘2003 Table 7 at (derived 70 FR 43672 from ‘‘2003 sions Budgets. South Coast AQMP On-Road Motor Vehi- Coachella Valley PM–10 SIP On-Road cle Emissions Budgets’’). Motor Vehicle Emissions Budgets’’). 1 The contingency measures do not contain a commitment by CARB.

IV. Administrative Requirements Environmental Health Risks and Safety (A) * * * Under Executive Order 12866 (58 FR Risks’’ (62 FR 19885, April 23, 1997), (2) Amended Rules 403 (except for 51735, October 4, 1993), this action is because it is not economically subdivision h), 403.1 (except for not a ‘‘significant regulatory action’’ and significant. subdivision j), and 1186, as adopted on therefore is not subject to review by the In reviewing SIP submissions, EPA’s April 2, 2004. Office of Management and Budget. For role is to approve state choices, * * * * * this reason, this action is also not provided that they meet the criteria of (339) New and amended plans for the subject to Executive Order 13211, the Clean Air Act. In this context, in the following agency were submitted on ‘‘Actions Concerning Regulations That absence of a prior existing requirement January 9, 2004, by the Governor’s Significantly Affect Energy Supply, for the State to use voluntary consensus designee. Distribution, or Use’’ (66 FR 28355, May standards (VCS), EPA has no authority (i) Incorporation by reference. 22, 2001). This action merely approves to disapprove a SIP submission for (A) South Coast Air Quality state law as meeting Federal failure to use VCS. It would thus be Management District (SCAQMD). requirements and imposes no additional inconsistent with applicable law for (1) South Coast 2003 Air Quality requirements beyond those imposed by EPA, when it reviews a SIP submission, Management Plan (AQMP), as adopted state law. Accordingly, the to use VCS in place of a SIP submission by SCAQMD on August 1, 2003, and by Administrator certifies that this rule that otherwise satisfies the provisions of California Air Resources Board on will not have a significant economic the Clean Air Act. Thus, the October 23, 2003. impact on a substantial number of small requirements of section 12(d) of the (i) Baseline and projected emissions entities under the Regulatory Flexibility National Technology Transfer and inventories in AQMP Chapter III Tables Act (5 U.S.C. 601 et seq.). Because this Advancement Act of 1995 (15 U.S.C. 3–1A and 3–3A, in Appendix III Tables rule approves pre-existing requirements 272 note) do not apply. This rule does A–1, A–2, A–3, A–5, and A–7, and in under state law and does not impose not impose an information collection Appendix V Attachment 4; SCAQMD any additional enforceable duty beyond burden under the provisions of the commitment to adopt and implement that required by state law, it does not Paperwork Reduction Act of 1995 (44 control measures CMB–07, CMB–09, contain any unfunded mandate or U.S.C. 3501 et seq.). WST–01, WST–02, PRC–03, BCM–07, significantly or uniquely affect small List of Subjects in 40 CFR Part 52 BCM–08, MSC–04, MSC–06, TCB–01 in governments, as described in the AQMP Chapter 4 Table 4–8A, and in Environmental protection, Air Unfunded Mandates Reform Act of 1995 Appendix IV–A); PM–10 reasonable (Pub. L. 104–4). pollution control, Intergovernmental further progress in AQMP Chapter 6, This rule also does not have tribal relations, Nitrogen dioxide, Particulate Table 6–1 and in Appendix V Chapter implications because it will not have a matter, Reporting and recordkeeping 2; contingency measures CTY–01, CTY– substantial direct effect on one or more requirements, Volatile organic 14, TCB–01 in Appendix IV–A Section Indian tribes, on the relationship compounds. 2; PM–10 attainment demonstration in between the Federal Government and Dated: September 16, 2005. AQMP Chapter 5, and in Appendix V Indian tribes, or on the distribution of Laura Yoshii, Chapter 2; and motor vehicle emissions power and responsibilities between the Acting Regional Administrator, Region IX. budgets in ‘‘2003 South Coast AQMP Federal Government and Indian tribes, I Part 52, chapter I, title 40 of the Code On-Road Motor Vehicle Emissions as specified by Executive Order 13175 of Federal Regulations is amended as Budgets.’’ (2) 2003 Coachella Valley PM–10 (65 FR 67249, November 9, 2000). This follows: action also does not have Federalism State Implementation Plan, as adopted implications because it does not have PART 52—[AMENDED] by SCAQMD on August 1, 2003, and by substantial direct effects on the States, California Air Resources Board on on the relationship between the national I 1. The authority citation for part 52 October 23, 2003. government and the States, or on the continues to read as follows: (i) Baseline and projected emissions distribution of power and Authority: 42 U.S.C. 7401 et seq. inventories in Tables 2–2, 2–3, 2–4, and responsibilities among the various 2–5; reasonable further progress in levels of government, as specified in Subpart F—California Tables 2–9 and 2–7; attainment Executive Order 13132 (64 FR 43255, demonstration in Chapter 3; and motor I 2. Section 52.220 is amended by August 10, 1999). This action merely vehicle emissions budgets in ‘‘2003 adding paragraphs (c)(333)(i)(A)(2), approves a state rule implementing a Coachella Valley PM–10 SIP On-Road (c)(339), and (c)(340) to read as follows: Federal standard, and does not alter the Motor Vehicle Emissions Budgets.’’ relationship or the distribution of power § 52.220 Identification of plan. * * * * * and responsibilities established in the * * * * * (340) New and amended rules for the Clean Air Act. This rule also is not (c) * * * following agencies were submitted on subject to Executive Order 13045 (333) * * * November 16, 2004, by the Governor’s ‘‘Protection of Children from (i) * * * designee.

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(i) Incorporation by reference. In approving these requests, EPA is also not submit information that you (A) South Coast Air Quality approving the State’s plans for consider to be CBI or otherwise Management District (SCAQMD). maintaining the 8-hour ozone NAAQS protected through RME, regulations.gov, (1) Amended Handbooks for Rules through 2015 in these areas as a revision or e-mail. The EPA RME Web site and 403 (Chapters 5, 7, and 8) and 403.1 to the Indiana State Implementation the Federal regulations.gov Web site are (Chapters 2, 3, 4, and 7), as adopted on Plan (SIP). EPA is also finding adequate ‘‘anonymous access’’ systems, which April 2, 2004. and approving the State’s 2015 Motor means EPA will not know your identity (B) Plan revisions for the Coachella Vehicle Emission Budgets (MVEBs) for or contact information unless you Valley Planning Area. these areas. provide it in the body of your comment. (1) Fugitive dust control ordinances DATES: This rule is effective on If you send an e-mail comment directly for: City of Cathedral City Ordinance December 29, 2005, unless EPA receives to EPA without going through RME or No. 583 (1/14/04), City of Coachella adverse written comments by December regulations.gov, your e-mail address Ordinance No. 896 (10/8/03), City of 14, 2005. If EPA receives adverse will be automatically captured and Desert Hot Springs Ordinance No. 2003– comments, EPA will publish a timely included as part of the comment that is 16 (10/7/03), City of Indian Wells withdrawal of the rule in the Federal placed in the public docket and made Ordinance No. 545 (11/6/03), City of Register and inform the public that the available on the Internet. If you submit Indio Ordinance No. 1357 (12/3/03), rule will not take effect. an electronic comment, EPA City of La Quinta Ordinance No. 391 recommends that you include your (12/2/03), City of Palm Desert ADDRESSES: Submit comments, identified by Regional Material in name and other contact information in Ordinance No. 1056 (11/13/03), City of the body of your comment and with any Palm Springs Ordinance No. 1639 (11/ EDocket (RME) ID No. R05–OAR–2005– IN–0009, by one of the following disk or CD–ROM you submit. If EPA 5/03), City of Rancho Mirage cannot read your comment due to Ordinances No. 855 (12/18/03) and No. methods: 1. Federal eRulemaking Portal: technical difficulties and cannot contact 863 (4/29/04), and County of Riverside you for clarification, EPA may not be Ordinance No. 742.1 (1/13/04). http://www.regulations.gov. Follow the on-line instructions for submitting able to consider your comment. [FR Doc. 05–22463 Filed 11–10–05; 8:45 am] comments. Electronic files should avoid the use of BILLING CODE 6560–50–P 2. Agency Web site: http:// special characters, any form of docket.epa.gov/rmepub/. RME, EPA’s encryption, and be free of any defects or electronic public docket and comments viruses. ENVIRONMENTAL PROTECTION system, is EPA’s preferred method for Docket: All documents in the AGENCY receiving comments. Once in the electronic docket are listed in the RME index at http://docket.epa.gov/rmepub/. 40 CFR Parts 52 and 81 system, select ‘‘quick search,’’ then key in the appropriate RME Docket Although listed in the index, some [R05–OAR–2005–IN–0009; FRL–7995–9] identification number. Follow the on- information is not publicly available, line instructions for submitting i.e., CBI or other information whose Approval and Promulgation of comments. disclosure is restricted by statute. Implementation Plans and Designation 3. E-mail: [email protected]. Certain other material, such as of Areas for Air Quality Planning 4. Fax: (312) 886–5824. copyrighted material, is not placed on Purposes; Indiana; Redesignation of 5. Mail: You may send written the Internet and will be publicly Greene County and Jackson County 8- comments to: John M. Mooney, Chief, available only in hard copy form. Hour Ozone Nonattainment Areas To Criteria Pollutant Section, (AR–18J), Publicly available docket materials are Attainment for Ozone U.S. Environmental Protection Agency, available either electronically in RME or in hard copy at the Environmental AGENCY: Environmental Protection Region 5, 77 West Jackson Boulevard, Protection Agency, Region 5, Air and Agency (EPA). Chicago, Illinois 60604. 6. Hand delivery: Deliver your Radiation Division, 77 West Jackson ACTION: Direct final rule. comments to: John M. Mooney, Chief, Boulevard, Chicago, Illinois 60604. We SUMMARY: EPA is making determinations Criteria Pollutant Section, (AR–18J), recommend that you telephone that the Greene County and Jackson U.S. Environmental Protection Agency, Kathleen D’Agostino, Environmental County ozone nonattainment areas have Region 5, 77 West Jackson Boulevard, Engineer, at (312) 886–1767 before attained the 8-hour ozone National 18th floor, Chicago, Illinois 60604. Such visiting the Region 5 office. This Facility Ambient Air Quality Standard deliveries are only accepted during the is open from 8:30 a.m. to 4:30 p.m., (NAAQS). These determinations are Regional Office’s normal hours of Monday through Friday, excluding based on three years of complete, operation. The Regional Office’s official Federal holidays. quality-assured ambient air quality hours of business are Monday through FOR FURTHER INFORMATION CONTACT: monitoring data for the 2002–2004 Friday, 8:30 a.m. to 4:30 p.m. excluding Kathleen D’ Agostino, Environmental seasons that demonstrate that the 8-hour Federal holidays. Engineer, Criteria Pollutant Section, Air ozone NAAQS has been attained in the Instructions: Direct your comments to Programs Branch (AR–18J), U.S. areas. RME ID No. R05–OAR–2005–IN–0009. Environmental Protection Agency, EPA is approving requests from the EPA’s policy is that all comments Region 5, 77 West Jackson Boulevard, State of Indiana to redesignate the received will be included in the public Chicago, Illinois 60604, (312) 886–1767, Greene County and Jackson County docket without change, including any [email protected]. areas to attainment of the 8-hour ozone personal information provided and may SUPPLEMENTARY INFORMATION: NAAQS. These requests were submitted be made available online at http:// Throughout this document whenever by the Indiana Department of docket.epa.gov/rmepub/, unless the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Environmental Management (IDEM) on comment includes information claimed EPA. July 15, 2005 and supplemented on to be Confidential Business Information September 6, 2005, September 7, 2005, (CBI) or other information whose Table of Contents October 6, 2005, and October 20, 2005. disclosure is restricted by statute. Do I. What Actions Is EPA Taking?

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II. What Is the Background for These NAAQS, which was revoked on June 15, On July 15, 2005, Indiana requested Actions? 2005. On July 18, 1997, EPA that EPA redesignate Greene and III. What Are the Criteria for Redesignation? promulgated a revised 8-hour ozone Jackson Counties to attainment for the 8- IV. Why Is EPA Taking These Actions? standard of 0.08 parts per million hour ozone standard. These requests V. What Is the Effect of These Actions? VI. What Is EPA’s Analysis of the Request? (ppm). This new standard is more were supplemented with submittals A. Attainment Determination and stringent than the previous 1-hour dated September 6, 2005, September 7, Redesignation standard. 2005, October 6, 2005, and October 20, B. Adequacy of Indiana’s Motor Vehicle On April 30, 2004 (69 FR 23857), EPA 2005. The redesignation requests Emission Budget published a final rule designating and included three years of complete, VII. Final Actions classifying areas under the 8-hour ozone quality-assured data for the period of VIII. Statutory and Executive Order Reviews NAAQS. These designations and 2002 through 2004, indicating the 8- I. What Actions Is EPA Taking? classifications became effective June 15, hour NAAQS for ozone had been attained for Greene and Jackson EPA is taking several related actions. 2004. The CAA required EPA to Counties. Under the CAA, EPA is making determinations that the designate as nonattainment any area nonattainment areas may be Greene County and Jackson County, that was violating the 8-hour ozone redesignated to attainment if sufficient Indiana nonattainment areas have NAAQS based on the three most recent complete, quality-assured data are attained the 8-hour ozone standard and years (2001–2003) of air quality data. available for the Administrator to that Greene and Jackson Counties have The CAA contains two sets of determine that the area has attained the met the requirements for redesignation provisions—subpart 1 and subpart 2— standard and the area meets the other under section 107(d)(3)(E). EPA is thus that address planning and control four CAA redesignation requirements in approving requests to change the legal requirements for nonattainment areas. section 107(d)(3)(E). designations of the Greene County and (Both are found in title I, part D.) Jackson County areas from Subpart 1 (which EPA refers to as III. What Are the Criteria for nonattainment to attainment for the 8- ‘‘basic’’ nonattainment) contains Redesignation? hour ozone NAAQS. EPA is also general, less prescriptive, requirements approving Indiana’s maintenance plan for nonattainment areas for any The CAA provides the requirements SIP revisions for Greene and Jackson pollutant—including ozone—governed for redesignating a nonattainment area Counties (such approval being one of by a NAAQS. Subpart 2 (which EPA to attainment. Specifically, section the CAA criteria for redesignation to refers to as ‘‘classified’’ nonattainment) 107(d)(3)(E) allows for redesignation attainment status). The maintenance provides more specific requirements for providing that: (1) The Administrator plans are designed to keep Greene and ozone nonattainment areas. Some ozone determines that the area has attained the Jackson Counties in attainment of the nonattainment areas are subject only to applicable NAAQS; (2) the ozone NAAQS for the next 10 years. the provisions of subpart 1. Other ozone Administrator has fully approved the Additionally, EPA is announcing its nonattainment areas are also subject to applicable implementation plan for the action on the Adequacy Process for the the provisions of subpart 2. Under area under section 110(k); (3) the newly-established 2015 MVEBs. The EPA’s 8-hour ozone implementation Administrator determines that the Adequacy comment periods for the 2015 rule, signed on April 15, 2004, (69 FR improvement in air quality is due to MVEBs began on August 2, 2005, with 23951) an area was classified under permanent and enforceable reductions EPA’s posting of the availability of these subpart 2 based on its 8-hour ozone in emissions resulting from submittals on EPA’s Adequacy Web site design value (i.e., the 3-year average implementation of the applicable SIP (at http://www.epa.gov/otaq/transp/ annual fourth-highest daily maximum 8- and applicable Federal air pollutant conform/adequacy.htm). The Adequacy hour average ozone concentration), if it control regulations and other permanent comment periods for these MVEBs had a 1-hour design value at or above and enforceable reductions; (4) the ended on September 1, 2005. No 0.121 ppm (the lowest 1-hour design Administrator has fully approved a requests for these submittals or adverse value in Table 1 of subpart 2). All other maintenance plan for the area as comments on these submittals were areas are covered under subpart 1, based meeting the requirements of section received during the Adequacy comment upon their 8-hour design values. Both 175A; and (5) the state containing such periods. Please see the Adequacy Greene and Jackson Counties were area has met all requirements applicable Section of this rulemaking for further designated as subpart 1, 8-hour ozone to the area under section 110 and part explanation on this process. Therefore, nonattainment areas by EPA on April D. 30, 2004, (69 FR 23857) based on air we are finding adequate and approving EPA provided guidance on quality monitoring data from 2001– the State’s 2015 MVEBs for redesignation in the General Preamble 2003. transportation conformity purposes. for the Implementation of Title I of the Under EPA regulations at 40 CFR part CAA Amendments of 1990, on April 16, II. What Is the Background for These 50, the 8-hour ozone standard is Actions? 1992 (57 FR 13498), and supplemented attained when the 3-year average of the this guidance on April 28, 1992 (57 FR Ground-level ozone is not emitted annual fourth-highest daily maximum 8- 18070). EPA has provided further directly by sources. Rather, emissions of hour average ozone concentrations is guidance on processing redesignation nitrogen oxides (NOX) and volatile less than or equal to 0.08 ppm (i.e., requests in the following documents: organic compounds (VOCs) react in the 0.084 ppm) when rounding is presence of sunlight to form ground- considered. (See 69 FR 23857 (April 30, ‘‘Ozone and Carbon Monoxide Design Value Calculations’’, Memorandum from level ozone. NO and VOCs are referred 2004) for further information). The data X William G. Laxton, Director Technical completeness requirement is met when to as precursors of ozone. Support Division, June 18, 1990; The CAA establishes a process for air the average percent of days with valid ‘‘Maintenance Plans for Redesignation of quality management through the ambient monitoring data is greater than Ozone and Carbon Monoxide Nonattainment NAAQS. Greene and Jackson Counties 90%, and no single year has less than Areas,’’ Memorandum from G.T. Helms, were designated unclassifiable/ 75% data completeness as determined Chief, Ozone/Carbon Monoxide Programs attainment under the 1-hour ozone in Appendix I of part 50. Branch, April 30, 1992;

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‘‘Contingency Measures for Ozone and Jackson County to attainment for the 8- accordance with 40 CFR 50.10 and Carbon Monoxide (CO) Redesignations,’’ hour ozone standard. Indiana Appendix I, based on three complete, Memorandum from G.T. Helms, Chief, supplemented these requests with consecutive calendar years of quality- Ozone/Carbon Monoxide Programs Branch, submittals dated September 6, 2005, June 1, 1992; assured air quality monitoring data. To ‘‘Procedures for Processing Requests to September 7, 2005, October 6, 2005, and attain this standard, the 3-year average Redesignate Areas to Attainment,’’ October 20, 2005. EPA believes that the of the fourth-highest daily maximum 8- Memorandum from John Calcagni, Director, areas have attained the standard and hour average ozone concentrations Air Quality Management Division, September have met the requirements for measured at each monitor within an 4, 1992; redesignation set forth in section area over each year must not exceed ‘‘State Implementation Plan (SIP) Actions 107(d)(3)(E) of the CAA. Submitted in Response to Clean Air Act 0.08 ppm. Based on the rounding (ACT) Deadlines,’’ Memorandum from John V. What Is the Effect of These Actions? convention described in 40 CFR Part 50, Calcagni, Director, Air Quality Management Approval of the redesignation Appendix I, the standard is attained if Division, October 28, 1992; requests would change the official the design value is 0.084 ppm or below. ‘‘Technical Support Documents (TSD’s) for The data must be collected and quality- Redesignation Ozone and Carbon Monoxide designation of the areas for the 8-hour (CO) Nonattainment Areas,’’ Memorandum ozone NAAQS found at 40 CFR part 81. assured in accordance with 40 CFR part from G.T. Helms, Chief, Ozone/Carbon It would also incorporate into the 58, and recorded in Aerometric Monoxide Programs Branch, August 17, Indiana SIP plans for maintaining the 8- Information Retrieval System (AIRS). 1993; hour ozone NAAQS through 2015. The The monitors generally should have ‘‘State Implementation Plan (SIP) maintenance plans include contingency remained at the same location for the Requirements for Areas Submitting Requests for Redesignation to Attainment of the Ozone measures to remedy future violations of duration of the monitoring period and Carbon Monoxide (CO) National the 8-hour NAAQS, and establish required for demonstrating attainment. Ambient Air Quality Standards (NAAQS) On MVEBs for the year 2015 of 1.46 and IDEM submitted ozone monitoring or After November 15, 1992,’’ Memorandum 1.65 tons per day (tpd) VOC and 1.54 data for the 2002 to 2004 ozone seasons. from Michael H. Shapiro, Acting Assistant and 3.18 tpd NO for Greene and X The State quality assures monitoring Administrator for Air and Radiation, Jackson Counties, respectively. September 17, 1993; data in accordance with 40 CFR 58.10 ‘‘Use of Actual Emissions in Maintenance VI. What Is EPA’s Analysis of the and the Indiana Quality Assurance Demonstrations for Ozone and CO Request? Manual and records the data in the Nonattainment Areas,’’ Memorandum from AIRS database, thus making the data D. Kent Berry, Acting Director, Air Quality A. Attainment Determination and Management Division, to Air Division Redesignation publicly available. IDEM operates one ozone monitor in Greene County (18– Directors, Regions 1–10, dated November 30, EPA is making determinations that 055–0001) and one ozone monitor in 1993. the Greene County and Jackson County ‘‘Part D New Source Review (part D NSR) Jackson County (18–071–0001). The nonattainment areas have attained the 8- Requirements for Areas Requesting data for 2002–2004 have been quality hour ozone standard and that the areas Redesignation to Attainment,’’ Memorandum assured and are recorded in AIRS. For from Mary D. Nichols, Assistant have met all other applicable section Administrator for Air and Radiation, October 107(d)(3)(E) redesignation criteria. The Greene County, data completeness was 14, 1994; and basis for EPA’s determinations is as 100% for 2002–2004. For Jackson ‘‘Reasonable Further Progress, Attainment follows: County, data completeness averaged Demonstration, and Related Requirements for 100%, 100% and 98% in 2002, 2003 Ozone Nonattainment Areas Meeting the 1. The Areas Have Attained the 8-Hour and 2004, respectively. The four highest Ozone National Ambient Air Quality Ozone NAAQS (Section 107(d)(3)(E)(i)) Standard,’’ Memorandum from John S. Seitz, 8-hour average readings for the Greene Director, Office of Air Quality Planning and EPA is making determinations that County and Jackson County ozone Standards, May 10, 1995. Greene and Jackson Counties have monitoring sites for the years 2002 to attained the 8-hour ozone NAAQS. For 2004 are presented in Tables 1 and 2 IV. Why Is EPA Taking These Actions? ozone, an area may be considered to be below: On July 15, 2005, Indiana requested attaining the 8-hour ozone NAAQS if redesignation of Greene County and there are no violations, as determined in

TABLE 1.—MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AT THE GREENE COUNTY MONITOR FROM 2002–2004 (PPM)

1st max 2nd max 3rd max 4th max Year 8-hour (ppm) 8-hour (ppm) 8-hour (ppm) 8-hour (ppm)

2002 ...... 0.097 0.095 0.095 0.093 2003 ...... 0.097 0.092 0.092 0.088 2004 ...... 0.076 0.075 0.075 0.073

2002–2004 average of 4th max 8-hour averages (ppm) ...... 0.084

TABLE 2.—MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AT THE JACKSON COUNTY MONITOR FROM 2002–2004 (PPM)

1st max 2nd max 3rd max 4th max Year 8-hour (ppm) 8-hour (ppm) 8-hour (ppm) 8-hour (ppm)

2002 ...... 0.094 0.093 0.091 0.090 2003 ...... 0.084 0.082 0.082 0.082

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TABLE 2.—MAXIMUM 8-HOUR AVERAGE OZONE CONCENTRATIONS AT THE JACKSON COUNTY MONITOR FROM 2002–2004 (PPM)—Continued

1st max 2nd max 3rd max 4th max Year 8-hour (ppm) 8-hour (ppm) 8-hour (ppm) 8-hour (ppm)

2004 ...... 0.076 0.070 0.069 0.067

2002–2004 average of 4th max 8-hour averages (ppm) ...... 0.079

It should be noted that preliminary Quality Management Division, from significantly contributing to air 2005 monitoring data for Greene and September 4, 1992) describes EPA’s quality problems in another state. To Jackson Counties show that the areas interpretation of section 107(d)(3)(E) of implement this provision, EPA has continue to attain the 8-hour ozone the CAA. Under this interpretation, to required certain states to establish standard. qualify for redesignation of an area to programs to address transport of air 1 In addition, as discussed below with attainment, the state and the area must pollutants (NOX SIP Call, Clean Air respect to the maintenance plan, IDEM meet the relevant CAA requirements Interstate Rule (CAIR) (70 FR 25162)). has committed to continue monitoring that come due prior to the state’s However, the section 110(a)(2)(D) in these areas in accordance with 40 submittal of a complete redesignation requirements for a state are not linked CFR part 58. In summary, EPA believes request for the area. See also the with a particular nonattainment area’s that the data submitted by Indiana September 17, 1993 Michael Shapiro designation and classification. EPA provide an adequate demonstration that memorandum and 60 FR 12459, 12465– believes that the requirements linked Greene and Jackson Counties have 66 (Mar. 7, 1995) (redesignation of with a particular nonattainment area’s attained the 8-hour ozone NAAQS. Detroit-Ann Arbor, Michigan to designation and classification are the attainment of the 1-hour ozone relevant measures to evaluate in 2. The Areas Have Met All Applicable NAAQS). Applicable requirements of Requirements Under Section 110 and reviewing a redesignation request. The the CAA that come due subsequent to transport SIP submittal requirements, Part D; and the Areas Have Fully the state’s submittal of a complete Approved SIPs Under Section 110(k). where applicable, continue to apply to request remain applicable until a a state regardless of the designation of (Sections 107(d)(3)(E)(v) and redesignation to attainment is approved, 107(d)(3)(E)(ii)) any one particular area in the state. but are not required as a prerequisite to We believe that these requirements We have determined that Indiana has redesignation. See section 175A(c) of should not be construed to be applicable met all currently applicable SIP the CAA. Sierra Club v. EPA, 375 F.3d requirements for purposes of requirements for purposes of 537 (7th Cir. 2004). See also 68 FR redesignation. Further, we believe that redesignation for Greene and Jackson 25424, 25427 (May 12, 2003) the other section 110 elements Counties under section 110 of the CAA (redesignation of the St. Louis/East St. described above that are not connected (general SIP requirements). We have Louis area to attainment of the 1-hour with nonattainment plan submissions also determined that the Indiana SIP ozone NAAQS). and not linked with an area’s attainment meets all SIP requirements currently General SIP requirements. Section status are also not applicable applicable for purposes of redesignation 110(a) of title I of the CAA contains the requirements for purposes of under Part D of Title I of the CAA general requirements for a SIP. General redesignation. A state remains subject to (requirements specific to Subpart 1 SIP elements and requirements are these requirements after an area is nonattainment areas), in accordance delineated in section 110(a)(2). These redesignated to attainment. We with section 107(d)(3)(E)(v). In addition, requirements include, but are not conclude that only the section 110 and we have determined that the Indiana limited to, the following: Submittal of a part D requirements which are linked SIP is fully approved with respect to all SIP that has been adopted by the state with a particular area’s designation and applicable requirements for purposes of after reasonable public notice and classification are the relevant measures redesignation, in accordance with hearing; enforceable emission in evaluating a redesignation request. section 107(d)(3)(E)(ii). In making these limitations and other control measures, This approach is consistent with EPA’s determinations, we have ascertained means or techniques; provisions for existing policy on applicability of what SIP requirements are applicable to establishment and operation of conformity and oxygenated fuels the areas for purposes of redesignation, appropriate devices, methods, systems requirements for redesignation and have determined that the portions and procedures necessary to monitor purposes, as well as with section 184 of the SIP meeting these requirements ambient air quality; implementation of a ozone transport requirements. See are fully approved under section 110(k) source permit program; provisions for Reading, Pennsylvania, proposed and of the CAA. As discussed more fully the implementation of part C, final rulemakings (61 FR 53174–53176, below, SIPs must be fully approved only Prevention of Significant Deterioration with respect to currently applicable (PSD) and part D, New Source Review 1 On October 27, 1998 (63 FR 57356), EPA issued requirements of the CAA. (NSR) permit programs; criteria for a NOX SIP call, requiring the District of Columbia stationary source emission control and 22 states, including Indiana, to reduce their a. Greene and Jackson Counties Have measures, monitoring, and reporting; statewide emissions of NOX in order to reduce the Met All Applicable Requirements Under provisions for air quality modeling; and transport of ozone and ozone. In compliance with Section 110 and Part D of the CAA EPA’s NOX SIP call, IDEM has developed rules provisions for public and local agency governing the control of NOX emissions from The September 4, 1992 Calcagni participation in planning and emission Electric Generating Units (EGUs), major non-EGU memorandum (see ‘‘Procedures for control rule development. industrial boilers, and major cement kilns. EPA Processing Requests to Redesignate Section 110(a)(2)(D) of the CAA approved Indiana’s rules as fulfilling Phase I of the NOX SIP Call on November 8, 2001 (66 FR 56465). Areas to Attainment,’’ Memorandum requires that SIPs contain certain On December 11, 2003 (68 FR 69025) EPA approved from John Calcagni, Director, Air measures to prevent sources in a state revisions to these rules.

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October 10, 1996), (62 FR 24826, May 7, deadline for any submissions required Counties of 1.46 and 1.65 tpd of VOC 1997); Cleveland-Akron-Lorain, Ohio, for purposes of redesignation, we have and 1.54 and 3.18 tpd of NOX, final rulemaking (61 FR 20458, May 7, determined that these requirements do respectively, based on the areas’ 2015 1996); and Tampa, Florida, final not apply to the Greene County and level of emissions. Greene and Jackson rulemaking (60 FR 62748, December 7, Jackson County areas for purposes of Counties must use the motor vehicle 1995). See also the discussion on this redesignation. emissions budgets from the issue in the Cincinnati ozone Furthermore, EPA has determined maintenance plan in any conformity redesignation (65 FR 37890, June 19, that areas being redesignated need not determination that is effective on or 2000), and in the Pittsburgh ozone comply with the requirement that a NSR after the effective date of the redesignation (66 FR 50399, October 19, program be approved prior to maintenance plan approval. 2001). redesignation, provided that the area EPA believes that it is reasonable to We believe that section 110 elements demonstrates maintenance of the interpret the conformity SIP not linked to the area’s nonattainment standard without part D NSR, since PSD requirements as not applying for status are not applicable for purposes of requirements will apply after purposes of evaluating the redesignation redesignation. Any section 110 redesignation. A more detailed rationale request under section 107(d) for two requirements that are linked to the part for this view is described in a reasons. First, the requirement to submit D requirements for 8-hour ozone memorandum from Mary Nichols, SIP revisions to comply with the nonattainment areas are not yet due, Assistant Administrator for Air and conformity provisions of the CAA since, as explained below, no Part D Radiation, dated October 14, 1994, continues to apply to areas after requirements applicable for purposes of entitled, ‘‘Part D New Source Review redesignation to attainment since such redesignation under the 8-hour standard Requirements for Areas Requesting areas would be subject to a section 175A became due prior to submission of the Redesignation to Attainment.’’ Indiana maintenance plan. Second, EPA’s redesignation requests. Therefore, as has demonstrated that the areas will be Federal conformity rules require the discussed above, for purposes of able to maintain the standard without performance of conformity analyses in redesignation, they are not considered part D NSR in effect, and therefore, EPA the absence of Federally-approved state applicable requirements. concludes that the State need not have rules. Therefore, because areas are Part D Requirements. EPA has a fully approved part D NSR program subject to the conformity requirements determined that the Indiana SIP meets prior to approval of the redesignation regardless of whether they are applicable SIP requirements under part request. The State’s PSD program will redesignated to attainment and must D of the CAA since no requirements become effective in Greene and Jackson implement conformity under Federal applicable for purposes of redesignation Counties upon redesignation to rules if state rules are not yet approved, became due for the 8-hour ozone attainment. See rulemakings for Detroit, EPA believes it is reasonable to view standard prior to submission of the Michigan (60 FR 12467–12468, March 7, these requirements as not applying for Greene County or Jackson County 1995); Cleveland-Akron-Lorain, Ohio purposes of evaluating a redesignation redesignation request. Under part D, an (61 FR 20458, 20469–20470, May 7, request. See Wall v. EPA, 265 F.3d 426 area’s classification determines the 1996); Louisville, Kentucky (66 FR (6th Cir. 2001), upholding this requirements to which it will be subject. 53665, October 23, 2001); and Grand interpretation. See also 60 FR 62748 Subpart 1 of part D, found in sections Rapids, Michigan (61 FR 31834–31837, (Dec. 7, 1995) (Tampa, Florida). Thus, 172–176 of the CAA, sets forth the basic June 21, 1996). the areas have satisfied all applicable nonattainment requirements applicable Section 176 conformity requirements. requirements under section 110 and part to all nonattainment areas. Section 182 Section 176(c) of the CAA requires D of the CAA. of the CAA, found in subpart 2 of part states to establish criteria and D, establishes additional specific procedures to ensure that Federally- b. Greene and Jackson Counties Have a requirements depending on the area’s supported or funded activities, Fully Approved Applicable SIP Under nonattainment classification. Greene including highway projects, conform to Section 110(k) of the CAA and Jackson Counties were both the air quality planning goals in the EPA has fully approved the Indiana classified as subpart 1 nonattainment applicable SIPs. The requirement to SIP for Greene and Jackson Counties areas, and therefore subpart 2 determine conformity applies to under section 110(k) of the CAA for all requirements do not apply. transportation plans, programs and requirements applicable for purposes of Part D, Subpart 1 applicable SIP projects developed, funded or approved redesignation. EPA may rely on prior requirements. For purposes of under Title 23 U.S.C. and the Federal SIP approvals in approving a evaluating these redesignation requests, Transit Act (transportation conformity) redesignation request (See the the applicable part D, subpart 1 SIP as well as to all other Federally- September 4, 1992 John Calcagni requirements for Greene and Jackson supported or funded projects (general memorandum, page 3, Southwestern Counties are contained in sections conformity). State conformity revisions Pennsylvania Growth Alliance v. 172(c)(1)–(9). A thorough discussion of must be consistent with Federal Browner, 144 F.3d 984, 989–990 (6th the requirements contained in section conformity regulations relating to Cir. 1998), Wall v. EPA, 265 F.3d 426 172 can be found in the General consultation, enforcement and (6th Cir. 2001)) plus any additional Preamble for Implementation of Title I enforceability that the CAA required the measures it may approve in conjunction (57 FR 13498, April 16, 1992). EPA to promulgate. with a redesignation action. See 68 FR No requirements applicable for EPA approved Indiana’s general 25426 (May 12, 2003). Since the passage purposes of redesignation under part D conformity SIP on January 14, 1998 (63 of the CAA of 1970, Indiana has adopted became due prior to submission of the FR 2146). Indiana does not have a and submitted, and EPA has fully redesignation requests, and, therefore, Federally approved transportation approved, provisions addressing the none is applicable to the area for conformity SIP. However, conformity various required SIP elements purposes of redesignation. Since the analyses are performed pursuant to applicable to Greene and Jackson State of Indiana has submitted complete EPA’s Federal conformity rules. Indiana Counties under the 1-hour ozone ozone redesignation requests for Greene has submitted on-highway motor standard. No Greene or Jackson County and Jackson Counties prior to the vehicle budgets for Greene and Jackson area SIP provisions are currently

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disapproved, conditionally approved, or Reasonably Available Control b. Emission Reductions partially approved. As indicated above, Technology (RACT). Greene and Jackson Indiana is using 1999 for the EPA believes that the section 110 Counties were not previously required nonattainment inventory. Emissions elements not connected with to be covered by RACT regulations for estimates were taken directly from the nonattainment plan submissions and existing sources under the CAA. National Emissions Inventory (NEI), not linked to the area’s nonattainment However, Indiana has implemented with the following exceptions. Point status are not applicable requirements statewide RACT controls through the source emissions information was for purposes of redesignation. EPA also following regulations: compiled from IDEM’s 1999 annual believes that since the part D emissions statement database. Onroad requirements applicable for purposes of 326 IAC 8–1–6 Best Available Control emissions for Jackson county were redesignation did not become due prior Technology (BACT) for some Sources; calculated using MOBILE 6.2. to submission of the redesignation 326 IAC 8–2 Surface Coating Emission For comparison, IDEM developed an request, they also are, therefore, not Limitations; inventory for 2002, one of the years the applicable requirements for purposes of 326 IAC 8–3 Organic Solvent area monitored attainment of the 8-hour redesignation. Degreasing Operations; NAAQS. The point source sector 3. The Improvement in Air Quality Is 326 IAC 8–4 Petroleum Sources; and information was compiled from IDEM’s Due to Permanent and Enforceable 326 IAC 8–5 Miscellaneous Operations 2002 annual emissions statement Reductions in Emissions Resulting From database and the 2002 EPA Air Markets Implementation of the SIP and NOX rules. In compliance with EPA’s acid rain database. The area source Applicable Federal Air Pollution NOX SIP call, Indiana developed rules sector information was taken from the Control Regulations and Other to control NOX emissions from Electric Indiana 2002 periodic inventory Permanent and Enforceable Reductions. Generating Units (EGUs), major non- submitted to EPA. These projections (Section 107(d)(3)(E)(iii)) EGU industrial boilers, and major were made from the U.S. Department of cement kilns. These rules required EPA believes that Indiana has Commerce Bureau of Economic sources to begin reducing NOX Analysis growth factors with some demonstrated that the observed air emissions in 2004, with emission quality improvement in Greene and updated local information. The nonroad reductions increasing to 31 percent sector emission estimates were Jackson Counties is due to permanent statewide by 2007. It should be noted and enforceable reductions in emissions developed using NONROAD with the that statewide NOX emissions actually following modifications. Emissions resulting from implementation of the began to decline in 2002 as sources SIP, Federal measures, and other State- were estimated for two nonroad phased in emission controls needed to categories not included in NONROAD, adopted measures. comply with the State’s NO emission In making this demonstration, the X commercial marine vessels and control regulations. From 2004 on, NO State has calculated the change in X railroads. Recreational motorboat emissions from EGUs are capped at a emissions between 1999 and 2002, one population and spatial surrogates (used statewide total well below pre-2002 of the years Greene and Jackson to assign emissions to each county) were levels. It should be noted that NO Counties monitored attainment. The X updated. The populations for the emissions are expected to further reduction in emissions and the construction equipment category were decline as the State meets the corresponding improvement in air reviewed and updated based upon requirements of EPA’s Phase II NO SIP quality over this time period can be X surveys completed in the Midwest and call (69 FR 21604). attributed to a number of regulatory the temporal allocation for agricultural control measures that Indiana has Federal Emission Control Measures. sources was also updated. The onroad implemented in recent years. Greene Reductions in VOC and NOX emissions sector emissions were calculated using and Jackson Counties are both rural and have occurred statewide as a result of MOBILE 6.2. their air quality is significantly Federal emission control measures, with Based on the inventories described impacted by the transport of ozone from additional emission reductions expected above, Indiana’s submittal documents upwind counties. Therefore, local to occur in the future as additional changes in VOC and NOX emissions controls as well as controls emission controls are implemented. from 1999 to 2002 for Greene and implemented in upwind counties are Federal emission control measures have Jackson Counties. IDEM also relevant to the improvement in air included: the National Low Emission documented this information for quality in both Greene and Jackson Vehicle (NLEV) program, Tier 2 upwind areas in Southwest (Daviess, Counties. emission standards for vehicles, Dubois, Gibson, Knox, Martin, Pike, gasoline sulfur limits, and heavy-duty Vanderburgh and Warrick Counties) and a. Permanent and enforceable controls diesel engine standards. In addition, in South central (Clark, Floyd, Harrison, implemented. 2004, EPA issued the Clean Air Non- Jefferson and Scott Counties) Indiana. The following is a discussion of road Diesel Rule (69 FR 38958). This (We will refer to these areas, permanent and enforceable measures rule will reduce off-road diesel collectively, as Southern Indiana.) that have been implemented in the emissions through 2010, with emission Emissions data are shown in Tables 3 areas: reductions starting in 2008. through 7 below.

TABLE 3.—TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 1999 IN TONS PER SUMMER DAY (TPSD)

Greene Jackson Southern Indiana

VOC NOX VOC NOX VOC NOX

Point ...... 1.42 0.25 1.64 0.48 30.87 449.88 Area ...... 4.80 0.32 8.74 1.05 96.03 11.42 Nonroad ...... 0.78 2.15 0.95 3.23 17.78 51.2

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TABLE 3.—TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 1999 IN TONS PER SUMMER DAY (TPSD)— Continued

Greene Jackson Southern Indiana

VOC NOX VOC NOX VOC NOX

Onroad ...... 2.44 3.83 4.02 10.30 48.72 73.09

Total ...... 9.44 6.55 15.35 15.06 193.40 585.59

TABLE 4.—TOTAL VOC AND NOX EMISSIONS FOR NONATTAINMENT YEAR 2002 IN TONS PER SUMMER DAY (TPSD)

Greene Jackson Southern Indiana

VOC NOX VOC NOX VOC NOX

Point ...... 0.51 0.68 1.72 0.62 28.07 385.62 Area ...... 3.73 0.25 5.91 0.72 69.95 9.11 Nonroad ...... 1.43 1.61 1.11 2.93 20.42 26.13 Onroad ...... 2.74 3.41 3.33 8.30 43.23 72.58

Total ...... 8.41 5.95 12.07 12.57 161.67 493.44

TABLE 5.—COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS FOR GREENE COUNTY (TPSD)

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

Point ...... 1.42 0.51 ¥0.91 0.25 0.68 0.43 Area ...... 4.80 3.73 ¥1.07 0.32 0.25 ¥0.07 Nonroad ...... 0.78 1.43 0.65 2.15 1.61 ¥0.54 Onroad ...... 2.44 2.74 0.30 3.83 3.41 ¥0.42

Total ...... 9.44 8.41 ¥1.03 6.55 5.95 ¥0.60

TABLE 6.—COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS FOR JACKSON COUNTY (TPSD)

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

Point ...... 1.64 1.72 0.08 0.48 0.62 0.14 Area ...... 8.74 5.91 ¥2.83 1.05 0.72 ¥0.33 Nonroad ...... 0.95 1.11 0.16 3.23 2.93 ¥0.30 Onroad ...... 4.02 3.33 ¥0.69 10.30 8.30 ¥2.00

Total ...... 15.35 12.07 ¥3.28 15.06 12.57 ¥2.49

TABLE 7.—COMPARISON OF 1999 AND 2002 VOC AND NOX EMISSIONS FOR SOUTHWEST INDIANA (TPSD)

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

Point ...... 20.79 19.91 ¥0.88 324.31 274.99 ¥49.32 Area ...... 56.92 41.70 ¥15.22 7.03 5.55 ¥1.48 Nonroad ...... 12.18 13.45 1.27 33.16 17.28 ¥15.88 Onroad ...... 28.93 23.97 ¥4.96 41.21 35.18 ¥6.03

Total ...... 118.82 99.03 ¥19.79 405.71 333.00 ¥72.71

Table 5 shows that Greene County by 3.28 tpd and NOX emissions by 2.49 19.79 tpd and NOX emissions by 72.71 reduced VOC emissions by 1.03 tpd and tpd between 1999 and 2002. Table 7 tpd between 1999 and 2002. NOX emissions by 0.60 tpd between shows that the upwind area in Southern Based on the information summarized 1999 and 2002. Table 6 shows that Indiana reduced VOC emissions by above, Indiana has adequately Jackson County reduced VOC emissions demonstrated that the improvement in

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air quality is due to permanent and Under section 175A, the plan must maintenance plan should address the enforceable emissions reductions. demonstrate continued attainment of following items: the attainment VOC the applicable NAAQS for at least ten 4. The Area Has a Fully Approved and NOX emissions inventories, a Maintenance Plan Pursuant to Section years after the Administrator approves a maintenance demonstration showing 175a of the CAA. (Section redesignation to attainment. Eight years maintenance for the ten years of the 107(d)(3)(E)(iv)) after the redesignation, the State must maintenance period, a commitment to submit a revised maintenance plan maintain the existing monitoring In conjunction with its requests to which demonstrates that attainment will network, factors and procedures to be redesignate the Greene County and continue to be maintained for ten years used for verification of continued Jackson County nonattainment areas to following the initial ten-year attainment of the NAAQS, and a attainment status, Indiana submitted SIP maintenance period. To address the contingency plan to prevent or correct revisions to provide for the maintenance possibility of future NAAQS violations, future violations of the NAAQS. of the 8-hour ozone NAAQS in Greene the maintenance plan must contain and Jackson Counties for at least 10 contingency measures with a schedule b. Attainment Inventory years after redesignation. for implementation as EPA deems The State developed an inventory for a. What Is Required in a Maintenance necessary to assure prompt correction of 2002, one of the years the area Plan? any future 8-hour ozone violations. monitored attainment of the 8-hour Section 175A of the CAA sets forth The September 4, 1992 John Calcagni NAAQS. Inventory methodology is the required elements of a maintenance memorandum provides additional described in section 3 above. The plan for areas seeking redesignation guidance on the content of a attainment level of emissions are from nonattainment to attainment. maintenance plan. An ozone summarized in Table 8 below.

TABLE 8.—VOC AND NOX EMISSIONS FOR ATTAINMENT YEAR 2002 (TPSD)

Greene County Jackson County Southern Indiana

VOC NOX VOC NOX VOC NOX

Point ...... 0.51 0.68 1.72 0.62 19.91 274.99 Area ...... 3.73 0.25 5.91 0.72 41.70 5.55 Nonroad ...... 1.43 1.61 1.11 2.93 13.45 17.28 Onroad ...... 2.74 3.41 3.33 8.30 23.97 35.18

Total ...... 8.41 5.95 12.07 12.57 99.03 333.00

c. Demonstration of Maintenance demonstration consists of a combination emissions were projected using Mobile of emissions projections and modeling. 6.2 in accordance with ‘‘Procedures for As part of the redesignation requests, A maintenance demonstration need not Preparing Emissions Projections,’’ EPA– IDEM submitted revisions to the 8-hour be based on modeling. See Wall v. EPA, 45/4–91–019. Emissions for the point, ozone SIPs to include 10-year 265 F.3d 426 (6th Cir. 2001), Sierra Club area and nonroad sectors were projected maintenance plans as required by v. EPA, 375 F. 3d 537 (7th Cir. 2004). using growth and control files section 175A of the Clean Air Act. For See also 66 FR 53094, 53099–53100 developed by the Midwest Regional Greene County, this demonstration (October 19, 2001), 68 FR 25430–25432 Planning Organization. This method shows maintenance of the 8-hour ozone (May 12, 2003). was used to ensure that the inventories standard by assuring that current and Using the 2002 attainment inventory used for redesignation are consistent future emissions of VOC and NOX as the base year, IDEM developed with modeling performed in the future. remain at or below attainment year projected emissions inventories for 2010 These emission estimates are presented emission levels. For Jackson County this and 2015. Onroad mobile source in Tables 9–11 below.

TABLE 9.—COMPARISON OF 2002–2015 VOC AND NOX EMISSIONS FOR GREENE COUNTY (TPSD)

VOC NOX Sector Net Net 2002 2010 2015 change 2002 2010 2015 change 2002–2015 2002–2015

Point ...... 0.51 0.59 0.64 0.13 0.68 0.46 0.47 ¥0.21 Area ...... 3.73 4.33 4.74 1.01 0.25 0.27 0.27 0.02 Nonroad ...... 1.43 1.14 0.94 ¥0.49 1.61 1.37 1.22 ¥0.39 Onroad ...... 2.74 1.81 1.33 ¥1.41 3.41 2.09 1.40 ¥2.01

Total ...... 8.41 7.87 7.65 ¥0.76 5.95 4.19 3.36 ¥2.59

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TABLE 10.—COMPARISON OF TOTAL 2002–2015 VOC AND NOX EMISSIONS FOR JACKSON COUNTY (TPSD)

VOC NOX Sector Net Net 2002 2010 2015 change 2002 2010 2015 change 2002–2015 2002–2015

Point ...... 1.72 2.31 2.70 0.98 0.62 1.20 1.58 0.96 Area ...... 5.91 6.91 7.64 1.73 0.72 0.77 0.80 0.08 Nonroad ...... 1.11 0.71 0.62 ¥0.49 2.93 2.27 1.91 ¥1.02 Onroad ...... 3.33 2.23 1.65 ¥1.68 8.30 5.10 3.03 ¥5.27

Total ...... 12.07 12.16 12.61 0.54 12.57 9.34 7.32 ¥5.25

TABLE 11.—COMPARISON OF 2002–2015 VOC AND NOX EMISSIONS FOR SOUTHERN INDIANA (TPSD)

VOC NOX Sector Net Net 2002 2010 2015 change 2002 2010 2015 change 2002–2015 2002–2015

Point ...... 19.91 24.21 29.08 9.17 274.99 108.22 109.60 ¥165.39 Area ...... 41.70 48.73 53.72 12.02 5.55 5.96 6.12 0.57 Nonroad ...... 13.45 9.54 8.16 ¥5.29 17.28 13.69 10.89 ¥6.39 Onroad ...... 23.97 14.20 10.13 ¥13.84 35.18 20.15 11.91 ¥23.27

Total ...... 99.03 96.68 101.09 2.06 333.00 148.02 138.52 ¥194.48

The emission projections show that in sulfur fuels to support the final assessment. LADCO has performed Greene County emissions are not rulemaking for the Heavy Duty Engine ozone modeling to evaluate the effect of expected to exceed the level of the 2002 (HDE) and Vehicle Standards and the NOX SIP call and Tier II/Low Sulfur attainment year inventory during the 10- Highway Diesel Fuel Rule. This Fuel Rule on 2007 ozone levels in the year maintenance period. Greene modeling, in part, addressed ozone Lake Michigan area, which includes County VOC and NOX emissions are levels in Indiana, including Greene and Greene and Jackson Counties as well as projected to decrease by 0.76 tpd and Jackson Counties. A base year of 1996 Southern Indiana. Like the EPA 2.59 tpd, respectively. In Jackson was modeled, and the impacts of fuel modeling discussed above, this County, NOX emissions are projected to changes and the NOX SIP call were modeling indicates that the 2001–2003 decrease by 5.25 tpd. Although VOC addressed for high ozone episodes in ozone design values for the Greene and emissions are projected to increase by 1995. The modeling supports the Jackson County monitoring sites would 0.54 tpd, total ozone precursors should conclusion that the fuel improvements be reduced to below-standard levels in decrease by 4.71 tpd. In addition, and the NOX SIP call result in 2007 as the result of implementing the emissions in the upwind area of significant ozone improvements (lower NOX SIP call and the Tier II/Low Sulfur Southern Indiana are projected to projected ozone concentrations) in Fuel Rule. decrease by 194.48 tpd for NOX and Jackson and Greene Counties. Using the EPA modeling analysis for the Clean increase by 2.06 tpd for VOC, a 192.42 modeling results to determine Relative Air Interstate Rules (CAIR). EPA tpd decrease in total ozone precursors. Reduction Factors(RRFs) 2 and conducted modeling in support of the Although VOC emissions are considering the 2001–2003 ozone design CAIR rulemaking. The modeling was projected to increase slightly over the values for Greene and Jackson Counties based on 1999–2003 design values. maintenance period in Jackson County (89 ppb and 85 ppb, respectively), IDEM Future year modeling was conducted for and in Southern Indiana, the dramatic projected the 2007 ozone design values Greene and Jackson Counties and future reduction in NOX emissions over the for Greene and Jackson Counties to be year design values for 2010 and 2015 same time period has been 81.4 ppb and 78.6 ppb, respectively. were evaluated for attainment of the 8- demonstrated, through modeling, to be Therefore, the NOX SIP call and the fuel hour ozone NAAQS. Results of the CAIR more than sufficient to maintain the modifications considered in the ozone modeling show that Greene and Jackson standard. IDEM notes that available modeling were found to significantly Counties will continue to attain the 8- modeling data demonstrate that Jackson improve the ozone levels in Greene and hour ozone NAAQS in 2010. With and Greene Counties are significantly Jackson Counties. additional CAIR reductions in 2015, impacted by ozone and ozone precursor Lake Michigan Air Directors design values continue to decrease. transport and that NOX emission Consortium (LADCO) modeling analysis As part of its maintenance plan, the reductions are significantly beneficial for the 8-hour ozone standard State elected to include a ‘‘safety for reducing 8-hour ozone margin’’ for the areas. A ‘‘safety margin’’ concentrations in both counties. IDEM 2 Relative Reduction Factors are fractional is the difference between the attainment draws the following conclusions from changes in peak ozone concentrations projected to level of emissions (from all sources) and the various ozone modeling analyses occur as the result of assumed changes in precursor the projected level of emissions (from that have addressed the Midwest: emissions resulting from the implementation of all sources) in the maintenance plan emission control strategies. Relative Reduction EPA modeling analysis for the Heavy Factors are derived through ozone modeling and are which continues to demonstrate Duty Engine rule. EPA conducted applied to monitored peak ozone concentrations to attainment of the standard. The modeling for Tier II vehicle and low- project post-control peak ozone levels. attainment level of emissions is the

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level of emissions during one of the assess emission trends and assure trend, the procedures for emission years in which the area met the NAAQS. continued attainment of the 8-hour control selection under the Action Level For example, Greene and Jackson ozone standard. response will be followed. Counties attained the 8-hour ozone f. Contingency Plan An Action Level response will occur NAAQS during the 2002–2004 time when a two-year average annual fourth- period. Indiana uses 2002 as the The contingency plan provisions are high monitored daily peak 8-hour ozone attainment level of emissions for the designed to promptly correct or prevent concentration of 85 ppb occurs at any areas. The emissions from point, area, a violation of the NAAQS that might monitor in the ozone maintenance area. nonroad, and mobile sources in 2002 occur after redesignation of an area to A violation of the standard (a 3-year equaled 8.41 tpd of VOC for Greene attainment. Section 175A of the CAA average of the annual fourth-highest County. Projected VOC emissions out to requires that a maintenance plan daily maximum 8-hour average ozone the year 2015 equaled 7.65 tpd of VOC. include such contingency measures as concentration of 85 ppb or greater) also The SIP demonstrates that Greene EPA deems necessary to assure that the triggers an Action Level response. In County will continue to maintain the State will promptly correct a violation this situation, IDEM will determine the standard with emissions at this level. of the NAAQS that might occur after additional emission control measures The safety margin for VOC is calculated redesignation. The maintenance plan needed to assure future attainment of to be the difference between these should identify the contingency the 8-hour ozone NAAQS. IDEM will amounts or, in this case, 0.76 tpd of measures to be adopted, a schedule and focus on emission control measures that VOC for 2015. By this same method, procedure for adoption and can be implemented in a short time, and 2.59 tpd (i.e., 5.95 tpd less 3.36 tpd) is implementation of the contingency selected emission control measures will measures, and a time limit for action by the safety margin for NOX for 2015. For be adopted and implemented within 18 Jackson County, 5.25 tpd (i.e., 12.57 tpd the state. The state should also identify months from the close of the ozone specific indicators to be used to less 7.37 tpd) is the safety margin for season with ozone monitoring data that determine when the contingency NOX for 2015. States are not required to prompted the Action Level Response. measures need to be adopted and establish safety margins, and Indiana Adoption of any additional emission implemented. The maintenance plan did not include one for 2015 VOC control measures will be subject to the must include a requirement that the emissions for Jackson County. The necessary administrative and legal state will implement all measures with emissions are projected to maintain the procedures, including publication of respect to control of the pollutant(s) that area’s air quality consistent with the notices and the opportunity for public were contained in the SIP before NAAQS. The safety margin, or a portion comment and response. If a new redesignation of the area to attainment. thereof, can be allocated to any of the emission control measure is adopted by source categories, as long as the total See section 175A(d) of the CAA. As required by section 175A of the the State (independent of the ozone attainment level of emissions is contingency needs) or is adopted at a maintained. CAA, Indiana has adopted contingency plans for Greene and Jackson Counties Federal level and is scheduled for d. Monitoring Network to address a possible future ozone air implementation in a time frame that Indiana currently operates one ozone quality problem. The contingency plans will mitigate an ozone air quality monitor in Greene County and one adopted by Indiana have two levels of problem, IDEM will determine whether monitor in Jackson County. IDEM has responses, depending on whether a this emission control measure is committed to continue operating and violation of the 8-hour ozone standard sufficient to address the ozone air maintaining an approved ozone monitor is only threatened (Warning Level) or quality problem. If IDEM determines network in accordance with 40 CFR part has occurred or is imminent (Action that existing or soon-to-be-implemented 58. Level). emissions control measures should be A Warning Level response will occur adequate to correct the ozone standard e. Verification of Continued Attainment when an annual (1-year) fourth-high violation problem, IDEM may determine Continued attainment of the ozone monitored daily peak 8-hour ozone that additional emission control NAAQS in Greene and Jackson Counties concentration of 88 ppb or higher is measures at the State level may be depends, in part, on the State’s efforts monitored in a single ozone season at unnecessary. Regardless, IDEM will toward tracking indicators of continued any monitor within the ozone submit to the EPA an analysis to attainment during the maintenance maintenance area. A Warning Level demonstrate that proposed emission period. The State’s plan for verifying response will consist of Indiana control measures are adequate to continued attainment of the 8-hour performing a study to determine provide for future attainment of the 8- standard in Greene and Jackson whether the high ozone concentration hour ozone NAAQS in a timely manner. Counties consists of plans to continue indicates a trend toward high ozone EPA notes that it is construing this ambient ozone monitoring in levels or whether emissions are provision to require that any non- accordance with the requirements of 40 increasing. If a trend toward higher Federal control measure relied upon in CFR part 58. In addition, IDEM will ozone concentrations exists and is likely lieu of a contingency measure be periodically revise and review the VOC to continue, the emissions control included in the State SIP or be and NOX emissions inventories for measures necessary to reverse the trend submitted to EPA for approval into the Greene and Jackson Counties to ensure will be determined taking into SIP. that emissions growth is not threatening consideration ease and timing of Contingency measures contained in the continued attainment of the 8-hour implementation, as well as economic the maintenance plans are those ozone standard. Emissions inventories and social considerations. The study, emission controls or other measures that will be revised for 2005, 2008, and 2011, including applicable recommended next Indiana may choose to adopt and as necessary to comply with the steps, will be completed within 12 implement to correct possible air quality emissions inventory reporting months from the close of the ozone problems. These include, but are not requirements of the CAA. The updated season with the recorded high ozone limited to, the following: emissions inventories will be compared concentration. If emission controls are i. Lower Reid vapor pressure gasoline to the 2002 emissions inventories to needed to reverse the adverse ozone requirements;

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ii. Broader geographic applicability of B. Adequacy of Indiana’s Motor Vehicle used by state and federal agencies in existing emission control measures; Emissions Budgets (MVEBs) determining whether proposed transportation projects conform to the iii. Tightened RACT requirements on 1. How Are MVEBs Developed and SIP as required by section 176(c) of the existing sources covered by EPA Control What Are the MVEBs for Greene and Clean Air Act. EPA’s substantive criteria Technique Guidelines (CTGs) issued in Jackson Counties? response to the 1990 CAA amendments; for determining the adequacy of MVEBs Under the CAA, states are required to are set out in 40 CFR 93.118(e)(4). iv. Application of RACT to smaller submit, at various times, control strategy EPA’s process for determining existing sources; SIP revisions and ozone maintenance adequacy of a MVEB consists of three v. Vehicle Inspection and plans for applicable areas (for ozone basic steps: (1) Providing public Maintenance (I/M); nonattainment areas and for areas notification of a SIP submission; (2) seeking redesignations to attainment of providing the public the opportunity to vi. One or more Transportation the ozone standard). These emission comment on the MVEB during a public Control Measure (TCM) sufficient to control strategy SIP revisions (e.g., comment period; and (3) EPA’s finding achieve at least a 0.5 percent reduction reasonable further progress SIP and of adequacy. The process of determining in actual area wide VOC emissions, to attainment demonstration SIP revisions) the adequacy of submitted SIP MVEBs be selected from the following: and ozone maintenance plans create was initially outlined in EPA’s May 14, A. Trip reduction programs, MVEBs based on onroad mobile source 1999 guidance, ‘‘Conformity Guidance including, but not limited to, employer- emissions for criteria pollutants and/or on Implementation of March 2, 1999, based transportation management plans, their precursors to address pollution Conformity Court Decision.’’ This area wide rideshare programs, work from cars and trucks. The MVEBs are guidance was finalized in the schedule changes, and telecommuting; the portions of the total allowable Transportation Conformity Rule B. Transit improvements; emissions that are allocated to highway Amendments for the ‘‘New 8-Hour and transit vehicle use that, together Ozone and PM2.5 National Ambient Air C. Traffic flow improvements; and with emissions from other sources in Quality Standards and Miscellaneous D. Other new or innovative the area, will provide for attainment or Revisions for Existing Areas; transportation measures not yet in maintenance. Transportation Conformity Rule widespread use that affect State and Under 40 CFR part 93, a MVEB for an Amendments—Response to Court local governments as deemed area seeking a redesignation to Decision and Additional Rule Change,’’ appropriate; attainment is established for the last published on July 1, 2004 (69 FR year of the maintenance plan. The vii. Alternative fuel and diesel retrofit 40004). EPA follows this guidance and MVEB serves as a ceiling on emissions programs for fleet vehicle operations; rulemaking in making its adequacy from an area’s planned transportation determinations. viii. Controls on consumer products system. The MVEB concept is further Greene and Jackson Counties’ 10-year consistent with those adopted elsewhere explained in the preamble to the maintenance plan submissions contain in the United States; November 24, 1993, transportation new VOC and NOX MVEBs for 2015. ix. VOC or NOX emission offsets for conformity rule (58 FR 62188). The The availability of the SIP submissions new or modified major sources; preamble also describes how to with these 2015 MVEBs was announced establish the MVEB in the SIP and how for public comment on EPA’s Adequacy x. VOC or NO emission offsets for X to revise the MVEB if needed. Web page on August 2, 2005, at: new or modified minor sources; Under section 176(c) of the CAA, new http://www.epa.gov/otaq/transp/ xi. Increased ratio of emission offset transportation projects, such as the conform/currsips.htm. The EPA public required for new sources; and, construction of new highways, must comment period on adequacy of the ‘‘conform’’ to (i.e., be consistent with) xii. VOC or NOX emission controls on 2015 MVEBs for Greene and Jackson the part of the SIP that addresses new minor sources (with VOC or NOX Counties closed on September 1, 2005. emissions less than 100 tons per year). emissions from cars and trucks. No requests for this submittal or adverse Conformity to the SIP means that comments on this submittal were g. Provisions for Future Updates of the transportation activities will not cause received during the Adequacy comment Ozone Maintenance Plan new air quality violations, worsen period. On October 20, 2005 (70 FR existing air quality violations, or delay 31128), EPA published notices of As required by section 175A(b) of the timely attainment of the NAAQS. If a adequacy to notify the public that we CAA, Indiana commits to submit to the transportation plan does not conform, had found the 2015 MVEBs to be EPA updates of the ozone maintenance most new transportation projects that adequate for use in transportation plans eight years after redesignation of would expand the capacity of roadways conformity analyses. Greene and Jackson Counties to cover an cannot go forward. Regulations at 40 EPA, through this rulemaking, is additional 10-year period beyond the CFR part 93 set forth EPA policy, approving the MVEBs for use to initial 10-year maintenance period. criteria, and procedures for determine transportation conformity in EPA has concluded that the demonstrating and assuring conformity Greene and Jackson Counties because maintenance plans adequately address of such transportation activities to a SIP. EPA has determined that the areas can the five basic components of a When reviewing SIP revisions maintain attainment of the 8-hour ozone maintenance plan: attainment containing MVEBs, including NAAQS for the relevant 10-year period inventory, maintenance demonstration, attainment strategies, rate-of-progress with mobile source emissions at the monitoring network, verification of plans, and maintenance plans, EPA levels of the MVEBs. IDEM has continued attainment, and a must affirmatively find that the MVEBs determined the 2015 MVEBs for Greene contingency plan. The maintenance are ‘‘adequate’’ for use in determining County to be 1.46 tpd for VOC and 1.54 plan SIP revisions submitted by Indiana transportation conformity. Once EPA tpd for NOX. It should be noted that for Greene and Jackson Counties meet affirmatively finds the submitted these MVEBs exceed the onroad mobile the requirements of section 175A of the MVEBs to be adequate for transportation source VOC and NOX emissions CAA. conformity purposes, the MVEBs are projected by IDEM for 2015, as

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summarized in Table 9 above (‘‘onroad’’ well within the safety margins of the VIII. Statutory and Executive Order source sector). IDEM decided to include ozone maintenance demonstration. Reviews safety margins (described further below) Further, once allocated to mobile of 0.13 tpd of VOC and 0.14 tpd for NO Executive Order 12866; Regulatory X sources, these safety margins will not be Planning and Review in the MVEBs to provide for mobile available for use by other sources. source growth. Indiana has Under Executive Order 12866 (58 FR VII. Final Actions demonstrated that Greene County can 51735, October 4, 1993), this action is maintain the 8-hour ozone NAAQS with EPA is making determinations that not a ‘‘significant regulatory action’’ and mobile source emissions of 1.46 tpd of Greene and Jackson Counties have therefore is not subject to review by the VOC and 1.54 tpd of NOX in 2015, Office of Management and Budget. including the allocated safety margins, attained the 8-hour ozone NAAQS, and since emissions will still remain under EPA is approving the redesignations of Executive Order 13211: Actions That attainment year emission levels. Greene and Jackson Counties from Significantly Affect Energy Supply, IDEM has determined the 2015 nonattainment to attainment for the 8- Distribution, or Use MVEBs for Jackson County to be 1.65 hour ozone NAAQS. After evaluating Because it is not a ‘‘significant tpd for VOC and 3.18 tpd for NOX. It Indiana’s redesignation requests, EPA should be noted that the MVEB exceeds has determined that they meet the regulatory action’’ under Executive Order 12866 or a ‘‘significant energy the onroad mobile source NOX redesignation criteria set forth in section emissions projected by IDEM for 2015, 107(d)(3)(E) of the CAA. The final action,’’ this action is also not subject to as summarized in Table 10 above approvals of these redesignation Executive Order 13211, ‘‘Actions Concerning Regulations That (‘‘onroad’’ source sector). IDEM decided requests would change the official Significantly Affect Energy Supply, to include a safety margin of 0.15 tpd for designations for Greene and Jackson Distribution, or Use’’ (66 FR 28355, May NOX in the MVEB to provide for mobile Counties from nonattainment to 22, 2001). source growth. Indiana has attainment for the 8-hour ozone demonstrated that Jackson County can standard. Regulatory Flexibility Act maintain the 8-hour ozone NAAQS with mobile source emissions of 3.18 tpd of EPA is also approving the This action merely approves state law NOX in 2015, including the allocated maintenance plan SIP revisions for as meeting Federal requirements and safety margin, since NOX emissions will Greene and Jackson Counties. Approval imposes no additional requirements still remain under attainment year of the maintenance plans is based on beyond those imposed by state law. emission levels. Indiana’s demonstration that the plans Redesignation of an area to attainment meet the requirements of section 175A 2. What Is a Safety Margin? under section 107(d)(3)(E) of the Clean of the CAA, as described more fully Air Act does not impose any new A ‘‘safety margin’’ is the difference above. Additionally, EPA is finding requirements on small entities. between the attainment level of adequate and approving the 2015 Redesignation is an action that affects emissions (from all sources) and the MVEBs submitted by Indiana in the status of a geographical area and projected level of emissions (from all conjunction with the redesignation does not impose any new regulatory sources) in the maintenance plan. As requests. requirements on sources. Accordingly, noted in Table 9, Greene County VOC the Administrator certifies that this rule We are publishing these actions and NOX emissions are projected to will not have a significant economic without prior proposal because we view have safety margins of 0.76 tpd for VOC impact on a substantial number of small these actions as noncontroversial and and 2.59 tpd for NOX in 2015 (the entities under the Regulatory Flexibility difference between the attainment year, anticipate no adverse comments. Act (5 U.S.C. 601 et seq.). 2002, emissions and the 2015 emissions However, in the proposed rules section for all sources in Greene County). As of this Federal Register publication, we Unfunded Mandates Reform Act noted in Table 10, Jackson County NOX are publishing a separate document that Because this rule approves pre- emissions are projected to have a safety will serve as the proposal to approve the existing requirements under state law margin of 5.25 tpd. Even if emissions redesignations and maintenance plans if and does not impose any additional reached the full level of the safety relevant adverse written comments are margin, the counties would still enforceable duty beyond that required filed. These rules will be effective by state law, it does not contain any demonstrate maintenance since December 29, 2005 without further emission levels would equal those in unfunded mandate or significantly or notice unless we receive relevant uniquely affect small governments, as the attainment year. adverse written comments by December The MVEBs requested by IDEM described in the Unfunded Mandates 14, 2005. If we receive such comments contain safety margins for mobile Reform Act of 1995 (Pub. L. 104–4). with respect to an area addressed by this sources significantly smaller than the Executive Order 13175 Consultation allowable safety margins reflected in the rule, we will publish a timely withdrawal of the action affecting that and Coordination With Indian Tribal total emissions for Greene and Jackson Governments Counties. The State is not requesting area, informing the public that the rule allocation of the entire available safety will not take effect with respect to that This rule also does not have tribal margins reflected in the demonstration area. EPA will respond to the public implications because it will not have a of maintenance. Therefore, even though comments in a subsequent final rule substantial direct effect on one or more the State is requesting MVEBs that based on the proposed action for that Indian tribes, on the relationship exceed the onroad mobile source area. The EPA will not institute a between the Federal Government and emissions for 2015 contained in the second comment period. Any parties Indian tribes, or on the distribution of demonstration of maintenance, the interested in commenting on this action power and responsibilities between the increase in onroad mobile source should do so at this time. If we do not Federal Government and Indian tribes, emissions that can be considered for receive any comments, this action will as specified by Executive Order 13175 transportation conformity purposes is be effective December 29, 2005. (65 FR 67249, November 9, 2000).

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Executive Order 13132 Federalism that otherwise satisfies the provisions of § 52.777 Control strategy: Photochemical oxidants (hydrocarbons). This action also does not have the Clean Air Act. Redesignation is an Federalism implications because it does action that affects the status of a * * * * * not have substantial direct effects on the geographical area but does not impose (bb) Approval—On July 15, 2005, states, on the relationship between the any new requirements on sources. Thus, Indiana submitted requests to national government and the states, or the requirements of section 12(d) of the redesignate Greene and Jackson on the distribution of power and National Technology Transfer and Counties to attainment of the 8-hour responsibilities among the various Advancement Act of 1995 (15 U.S.C. ozone National Ambient Air Quality levels of government, as specified in 272 note) do not apply. Standard. These requests were Executive Order 13132 (64 FR 43255, Paperwork Reduction Act supplemented with submittals dated August 10, 1999). Redesignation is an September 6, 2005, September 7, 2005, action that merely affects the status of This rule does not impose an information collection burden under the October 6, 2005, and October 20, 2005. a geographical area, does not impose As part of the redesignation requests, any new requirements on sources, or provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). the State submitted maintenance plans allows a state to avoid adopting or as required by section 175A of the Clean implementing other requirements, and List of Subjects Air Act. Elements of the section 175 does not alter the relationship or the 40 CFR Part 52 maintenance plan include a contingency distribution of power and plan and an obligation to submit a responsibilities established in the Clean Environmental protection, Air subsequent maintenance plan revision Air Act. pollution control, Intergovernmental in 8 years as required by the Clean Air relations, Nitrogen dioxide, Ozone, Executive Order 13045 Protection of Act. Also included were motor vehicle Volatile organic compounds. Children From Environmental Health emission budgets for use to determine and Safety Risks 40 CFR Part 81 transportation conformity in Greene and Jackson Counties. The 2015 motor This rule also is not subject to Environmental protection, Air vehicle emission budgets for Greene Executive Order 13045 ‘‘Protection of pollution control, National parks, County are 1.46 tpd for VOC and 1.54 Children from Environmental Health Wilderness areas. tpd for NO . The 2015 motor vehicle Risks and Safety Risks’’ (62 FR 19885, X Dated: November 1, 2005. emission budgets for Jackson County are April 23, 1997), because it is not Bharat Mathur, 1.65 tpd for VOC and 3.18 tpd for NO . economically significant. X Acting Regional Administrator, Region 5. National Technology Transfer I Parts 52 and 81, chapter I, title 40 of PART 81—[AMENDED] Advancement Act the Code of Federal Regulations, are In reviewing SIP submissions, EPA’s amended as follows: I 1. The authority citation for part 81 role is to approve state choices, continues to read as follows: PART 52—[AMENDED] provided that they meet the criteria of Authority: 42 U.S.C. 7401 et seq. the Clean Air Act. In this context, in the I 1. The authority citation for part 52 absence of a prior existing requirement continues to read as follows: I 2. Section 81.315 is amended by for the state to use voluntary consensus revising the entries for the Greene Co., Authority: 42 U.S.C. 7401 et seq. standards (VCS), EPA has no authority IN and Jackson Co., IN areas in the table to disapprove a SIP submission for Subpart P—Indiana entitled ‘‘Indiana Ozone (8-Hour failure to use VCS. It would thus be Standard)’’ to read as follows: inconsistent with applicable law for I 2. Section 52.777 is amended by EPA, when it reviews a SIP submission, adding paragraph (bb) to read as § 81.315 Indiana. to use VCS in place of a SIP submission follows: * * * * *

INDIANA OZONE (8-HOUR STANDARD)

Designation a Category/Classification Designated area Date 1 Type Date 1 Type

*******

Greene Co., IN: Greene County ...... 12/29/05 Attainment.

*******

Jackson Co., IN: Jackson County ...... 12/29/05 Attainment.

******* a Includes Indian Country located in each county or area, except as otherwise specified. 1 This date is June 15, 2004, unless otherwise noted.

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* * * * * unless authorized by permit as well as hereby designated as Antarctic Specially [FR Doc. 05–22466 Filed 11–10–05; 8:45 am] the ACA’s blanket prohibition on Protected Areas (ASPA). The Antarctic BILLING CODE 6560–50–P damaging, removing or destroying a Conservation Act of 1978, as amended, Historic Site or Monument. No public prohibits, unless authorized by a permit, comment is needed the addition of these any person from entering or engaging in NATIONAL SCIENCE FOUNDATION areas or sites merely implements activities within an ASPA. Detailed measures adopted by the Treaty Parties maps and descriptions of the sites and 45 CFR Part 670 at various ATCM meetings. complete management plans can be Finally, these amendments correct obtained from the National Science Conservation of Antarctic Animals and typographical errors in the names and Foundation, Office of Polar Programs, Plants numerical listings of several specially National Science Foundation, Room protected areas previously published in AGENCY: National Science Foundation. 755, 4201 Wilson Boulevard, Arlington, § 670.29. Virginia 22230. ACTION: Direct final rule. Determinations ASPA 101 Taylor Rookery, Mac. SUMMARY: Pursuant to the Antarctic NSF has determined, under the Robertson Land, East Antarctica Conservation Act of 1978, The National ASPA 102 Rookery Islands, Holme criteria set forth in Executive Order Science Foundation (NSF) is amending Bay, Mac. Robertson Land, East 12866, that this rule is not a significant its regulations to designate additional Antarctica regulatory action requiring review by Antarctic Specially Protected Areas ASPA 103 Ardery Island and Odbert the Office of Management and Budget. (ASPA). Also, NSF is adding to this rule Island, Budd Coast, Wilkes Land, East This rule involves a foreign affairs in Antarctica designated by the Treaty Antarctica function of the United States and is, Parties as Antarctic Specially Managed ASPA 104 Sabrina Island, Balleny therefore, exempt from the notice Areas (ASMA) and Historical Sites or Islands requirements of section 553 of the Monuments (HSM). These additions ASPA 105 Beaufort Island, Ross Sea Administrative Procedures Act and from only reflect measures already adopted (see ASPA 124) by the Antarctic Treaty parties at regulatory flexibility analysis ASPA 106 Cape Hallett, Victoria Land Antarctic Treaty Consultative Meetings requirements of the Regulatory ASPA 107 Emperor Island, Dion (ATCM). Finally, the regulation is being Flexibility Act, 5 U.S.C. 601–612. Islands, Marguerite Bay, Antarctic revised to correct some typographical Although this rule is exempt from the Peninsula (see Measure 1, 2002) and numbering errors. Regulatory Flexibility Act, it has ASPA 108 Green Island, Berthelot nonetheless been determined that this DATES: November 14, 2005. Islands, Antarctic Peninsula rule will not have a significant impact ASPA 109 Moe Island, South Orkney FOR FURTHER INFORMATION CONTACT: on a substantial number of small Bijan Gilanshah, Office of the General Islands businesses. For purposes of the ASPA 110 Lynch Island, South Orkney Counsel, at 703–292–8060, National Paperwork Reduction Act (44 U.S.C. Science Foundation, 4201 Wilson Islands 3501 et seq.), these amendments to the ASPA 111 Southern Powell Island and Boulevard, Room 1265, Arlington, existing regulations do not change the Virginia 22230. adjacent Islands, South Orkney collection of information requirements Islands SUPPLEMENTARY INFORMATION: The contained in NSF’s existing regulations, ASPA 112 Coppermine Peninsula, Antarctic Conservation Act of 1978, as which have already been approved by Robert Island, South Shetland Islands amended, (‘‘ACA’’) (16 U.S.C. 2401 et the Office of Management and Budget. ASPA 113 Litchfield Island, Arthur seq.) implements the Protocol on List of Subjects in 45 CFR Part 670 Harbour, Anvers Island, Palmer Environmental Protection to the Archipelago Antarctic Treaty (‘‘the Protocol’’). Administrative practice and ASPA 114 Northern Coronation Island, Annex II of the Protocol contains procedure, Antarctica, Exports, Imports, South Orkney Islands provisions for conservation of native Plants, Reporting and recordkeeping ASPA 115 Lagotellerie Island, Antarctic plants and animals. Annex V requirements, Wildlife. Marguerite Bay, Antarctic Peninsula contains provisions for the protection of Dated: October 12, 2005. ASPA 116 ‘New College Valley’, specially designated areas. Section 2405 Lawrence Rudolph, Caughley Beach, Cape Bird, Ross of title 16 of the ACA directs the General Counsel. Island Director of the National Science ASPA 117 Avian Island, off Adelaide I Pursuant to the authority granted by Foundation to issue such regulations as Island, Antarctic Peninsula 16 U.S.C. 2405(a)(1), NSF hereby are necessary and appropriate to ASPA 118 ‘Cryptogam Ridge’, Mount amends 45 CFR Part 670 as set forth implement Annexes II and V to the Melbourne, Victoria Land Protocol. below: ASPA 119 Davis Valley and Forlidas The Antarctic Treaty Parties PART 670—[AMENDED] Pond Pond, Dufek Massif periodically adopt measures to establish ASPA 120 ‘Pointe-Ge´ologie additional specially protected areas, I 1. The authority citation for Part 670 Archipelego’, Terre Ade´lie specially managed areas and historical continues to read as follows: ASPA 121 Cape Royds, Ross Island sites or monuments in Antarctica. This Authority: 16 U.S.C. 2405, as amended. ASPA 122 Arrival Heights, Hut Point rule is being revised to add two I 2. Section 670.29 is revised to read as Peninsula, Ross Island additional Antarctic specially protected follows: ASPA 123 Barwick and Balham areas, all specially managed areas and a Valleys (see Measure 1, 2002), comprehensive list of designated § 670.29 Designation of Antarctic specially Victoria Land historical sites and monuments in protected areas, specially managed areas ASPA 124 Cape Crozier, Ross Island Antarctica. The revisions also reiterate and historic sites and monuments. ASPA 125 Fildes Peninsula, King the ACA’s prohibition on entering or The following areas have been George Island, South Shetland Islands engaging in activities within an designated by the Antarctic Treaty ASPA 126 Byers Peninsula, Livingston Antarctic Specially Protected Area Parties for special protection and are Island, South Shetland Islands

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ASPA 127 Haswell Island ASPA 160 Frazier Islands, Wilkes HSM 14 Ice cave at Inexpressible ASPA 128 Western shore of Admiralty Land, East Antarctica (see Measure 2, Island, Terra Nova Bay, Scott Coast Bay, King George Island 2003) HSM 15 Hut at Cape Royds, Ross ASPA 129 Rothera Point, Adelaide ASPA 161 Terra Nova Bay, Ross Sea Island Island ASPA 162 Mawson’s Huts, HSM 16 Hut at Cape Evans, Ross ASPA 130 ‘Tramway Ridge’, Mount Commonwealth Bay, George V Land, Island Erebus, Ross Island East Antarctica (see Measure 2, 2004) HSM 17 Cross at Cape Evans, Ross ASPA 131 Canada Glacier, Lake ASPA 163 Dakshin Gangotri Glacier, Island Fryxell, Taylor Valley, Victoria Land Dronning Maud Land HSM 18 Hut at Hut Point, Ross Island ASPA 132 Potter Peninsula, ‘25 de ASPA 164 Scullin and Murray HSM 19 Cross at Hut Point, Ross Mayo’ (King George) Island, South Monoliths, Mac. Robertson Land, East Island Shetland Islands Antarctica HSM 20 Cross on Observation Hill, ASPA 133 Harmony Point, west coast (b) The following areas have been Ross Island of Nelson Island, South Shetland designated by the Antarctic Treaty HSM 21 Hut at Cape Crozier, Ross Islands Parties for special management and Island ASPA 134 Cierva Point and offshore have been designated as Antarctic HSM 22 Hut at Cape Adare, islands, Danco Coast, Antarctic Specially Managed Areas (ASMA). Borchgrevink Coast Peninsula Detailed maps and descriptions of the HSM 23 Grave at Cape Adare, ASPA 135 North-eastern Bailey sites and complete management plans Borchgrevink Coast Peninsula, Budd Coast, Wilkes Land can be obtained from the National HSM 24 Rock cairn at Mount Betty, ASPA 136 Clark Peninsula, Budd Science Foundation, Office of Polar Queen Maud Range Coast, Wilkes Land Programs, National Science Foundation, HSM 26 Installations at Barry Island, ASPA 137 Northwest White Island, Room 755, 4201 Wilson Boulevard, Debenham Islands, Marguerite Bay, McMurdo Sound Arlington, Virginia 22230. Antarctic Peninsula ASPA 138 Linnaeus Terrace, Asgaard HSM 27 Cairn with plaque at ASMA 1 Admiralty Bay, King George Range, Victoria Land Megalestris Hill, Petermann Island, ASPA 139 Biscoe Point, Anvers Island Island, South Shetland Islands Antarctic Peninsula ASPA 140 Parts of Deception Island, ASMA 2 McMurdo Dry Valleys, HSM 28 Cairn, pillar and plaque at South Shetland Islands Southern Victoria Land Port Charcot, Booth Island, Antarctic ASPA 141 ‘Yukidori Valley’, ASMA 3 Cape Denison, HSM 29 Lighthouse on Lambda Island, Langhovde, Lu¨ tzow-Holmbukta Commonwealth Bay, George V Land Melchior Islands, Antarctic Peninsula ASPA 142 Svarthamaren, Mu¨ hlig- ASMA 4 Deception Island, South HSM 30 Shelter at Paradise Harbour, Hofmannfjella, Dronning Maud Land Shetland Islands Danco Coast, Antarctic Penninsula ASPA 143 Marine Plain, Mule (c) The following areas have been HSM 32 Monolith on Greenwich Peninsula, Vestfold Hills, Princess designated by the Antarctic Treaty Island, South Shetland Islands Elizabeth Land Parties as historic sites or monuments HSM 33 Shelter, cross and plaque on ASPA 144 ‘Chile Bay’ (Discovery Bay), (HSM). The Antarctic Conservation Act Greenwich Island, South Shetland Greenwich Island, South Shetland of 1978, as amended, prohibits any Islands Islands damage, removal or destruction of a HSM 34 Bust on Greenwich Island, ASPA 145 Port Foster, Deception historic site or monument listed South Shetland Islands Island, South Shetland Islands pursuant to Annex V to the Protocol. HSM 35 Cross and statute on ASPA 146 South Bay, Doumer Island, Descriptions of the sites or monuments Greenwich Island, South Shetland Palmer Archipelago can be obtained from the National Islands ASPA 147 Ablation Valley-Ganymede Science Foundation, Office of Polar HSM 36 Plaque at Potter Cove, King Heights, Alexander Island Programs, National Science Foundation, George Island, South Shetland Islands ASPA 148 Mount Flora, Hope Bay, Room 755, 4201 Wilson Boulevard, HSM 37 Statue at Trinity Peninsula, Antaractic Peninsula Arlington, Virginia 22230. Antarctic Peninsula ASPA 149 Cape Shirreff and San HSM 1 Flag mast at South Pole HSM 38 Hut of Snow Hill Island, Telmo Island, Livingston Island, HSM 2 Rock cairn and plaques on Antarctic Peninsula South Shetland Islands Ongul Island, Prins Harald Kyst HSM 39 Hut at Hope Bay, Trinity ASPA 150 Ardley Island, Maxwell HSM 3 Rock cairn and plaques on Peninsula, Antarctic Peninsula Bay, King George Island Proclamation Island, Enderby Land HSM 40 Bust, grotto, statue, flag mast, ASPA 151 Lions Rump, King George HSM 4 Bust and plaque at ‘Pole of graveyard and stele at Hope Bay, Island, South Shetland Islands Inaccessibility’ Trinity Peninsula, Antarctic ASPA 152 Western Bransfield Strait HSM 5 Rock cairn and plaques at Cape Peninsula off Low Island, South Shetland Bruce, Mac. Robertson Land HSM 41 Hut and grave at Paulet Islands HSM 6 Rock cairn and canister at Island, Antarctic Peninsula ASPA 153 Eastern Dallmann Bay off Walkabout Rocks, Vestfold Hills, HSM 42 Huts, magnetic observatory Brabant Island, Palmer Archipelago Princess Elizabeth Land and graveyard at Scotia Bay, Laurie ASPA 154 Botany Bay, Cape Geology, HSM 7 Stone and plaque at Mabus Island, South Orkney Islands Victoria Land Point, Queen Mary Land HSM 43 Cross at ‘‘Piedrabuena Bay’’, ASPA 155 Cape Evans, Ross Island HSM 8 Monument sledge and plaque Filchner Ice Front, Weddell Sea ASPA 156 Lewis Bay, mount Erebus, at Mabus Point, Queen Mary Land HSM 44 Plaque at Nivlisen Ice Front, Ross Island HSM 9 Cemetery on Buromskiy Island, Princesse Astrid Kyst, Dronning Maud ASPA 157 Backdoor Bay, Cape Royds, Queen Mary Land Land Ross Island HSM 10 Observatory at Bunger Hills, HSM 45 Plaque at Metchnikoff Point, ASPA 158 Hut Point, Ross Island Queen Mary Land Brabant Island, Antarctic Peninsula ASPA 159 Cape Adare, Borchgrevink HSM 11 Tractor and plaque at Vostok HSM 46 Buildings and installations at Coast Station Port-Martin, Terre Ade´lie

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HSM 47 Buildings on ˘Ile des Pe´trels, HSM 76 Ruins of base ‘‘Pedro Aguirre Dated: November 4, 2005. Terre Ade´lie Cerda’’, Pendulum Cove, Deception Gerald Zaffos, HSM 48 Cross on ˘Ile des Pe´trels, Terre Island Director, Contract Policy Division. Ade´lie HSM 77 Cape Denison, Federal Acquisition Circular HSM 49 Pillar at Bunger Hill, Queen Commonwealth Bay, George V Land Mary Land Federal Acquisition Circular (FAC) HSM 50 Plaque at Fildes Peninsula, HSM 78 Memorial Plaque at India Point, Humboldt Mountains, 2005-06 Correction is issued under the King George Island, South Shetland authority of the Secretary of Defense, Islands Wohlthat Massif, central Dronning Maud Land the Administrator of General Services, HSM 51 Grave and cross at Admiralty and the Administrator for the National Bay, King George Island, South HSM 79 Lilie Marleen Hut, Mt. Aeronautics and Space Administration. Shetland Islands Dockery, Everett Range, Northern HSM 52 Monolith at Fildes Peninsula, Victoria Land Unless otherwise specified, all Federal Acquisition Regulation (FAR) King George Island, South Shetland HSM 80 Amundsen’s Tent Islands and other directive material contained HSM 53 Monolith and plaques on [FR Doc. 05–22545 Filed 11–10–05; 8:45 am] in FAC 2005-06 Correction are effective Elephant Island, South Shetland BILLING CODE 7555–01–M November 14, 2005. Islands Dated: November 4, 2005. HSM 54 Bust on Ross Island Domenic C. Cipicchio, HSM 55 Buildings and artifacts on DEPARTMENT OF DEFENSE Acting Director, Defense Procurement and Stonington Island, Marguerite Bay, Acquisition Policy. Antarctic Peninsula GENERAL SERVICES HSM 56 Remains of hut and environs Dated: November 4, 2005. ADMINISTRATION at Waterboat Point, Danco Coast, Roger Waldron, Antarctic Peninsula Acting Senior Procurement Executive, Office NATIONAL AERONAUTICS AND HSM 57 Plaque at ‘‘Yankee Bay’’ of the Chief Acquisition Officer, General SPACE ADMINISTRATION (Yankee Harbour), MacFarlane Strait, Services Administration. Greenwich Island, South Shetland 48 CFR Parts 2 and 31 Dated: November 1, 2005. Islands Tom Luedtke, HSM 59 Cairn on Half Moon Beach, Cape Shirreff, Livingston Island, [FAC 2005–06; FAR Cases 2004–018 and Assistant Administrator for Procurement, 2004–006; Correction] National Aeronautics and Space South Shetland Islands Administration. HSM 60 Plaque and cairn at ‘‘Penguins Federal Acquisition Regulation; Bay’’, Seymour Island, James Ross I Therefore, DoD, GSA, and NASA Technical Amendments Island archipelago amend 48 CFR parts 2 and 31 as set HSM 61 ‘‘Base A’’ at Port Lockroy, forth below: AGENCIES: Department of Defense (DoD), Goudier Island, off Wiencke Island, General Services Administration (GSA), I 1. The authority citation for 48 CFR Antarctic Peninsula and National Aeronautics and Space parts 2 and 31 continues to read as HSM 62 ‘‘Base F (Wordie House)’’ on follows: Winter Island, Argentine Islands Administration (NASA). Authority: 40 U.S.C. 121(c); 10 U.S.C. HSM 63 ‘‘Base Y’’ on Horseshoe ACTION: Technical amendment. Island, Marguerite Bay, western chapter 137; and 42 U.S.C. 2473(c). Graham Land SUMMARY: The Civilian Agency PART 2—DEFINITIONS OF WORDS HSM 64 ‘‘Base E’’ on Stonington Acquisition Council and the Defense AND TERMS Island, Marguerite Bay, western Acquisition Regulations Council are Graham Land issuing amendments to the Federal 2.101 [Amended] HSM 65 Message post on Foyn Island, Acquisition Regulation (FAR) to correct I 2. Amend section 2.101 in paragraph Possession Islands references included in FAC 2005–06, (b) by removing the definition HSM 66 Cairn at Scott Nunataks, FAR cases 2004–018, Information ‘‘Sensitive But Unclassified (SBU) Alexandra Mountains Technology Security (Item I), and 2004– information’’. HSM 67 Rock shelter ‘‘Granite House’’ 006, Accounting for Unallowable Costs at Cape Geology, Granite Harbour (Item IX), which were published in the PART 31—CONTRACT COST HSM 68 Depot at Hells Gate Moraine, Federal Register at 70 FR 57449 and PRINCIPLES AND PROCEDURES Inexpressible Island, Terra Nova Bay 57463, September 30, 2005. HSM 69 Message post at Cape Crozier, 31.201–6 [Amended] DATES: Effective Date: November 14, Ross Island I HSM 70 Message post at Cape 2005. 3. Amend section 31.201–6 by Wadworth, Coulman Island revising the introductory text of HSM 71 Whaling station at Whalers FOR FURTHER INFORMATION CONTACT: The paragraph (c)(2) to read as follows: FAR Secretariat, Room 4035, GS Bay, Deception Island 31.201–6 Accounting for unallowable HSM 72 Cairn on Tryne Islands, Building, Washington, DC, 20405, (202) costs. 501–4755, for information pertaining to Vestfold Hills * * * * * HSM 73 Memorial Cross, Lewis Bay, status or publication schedules. Please Ross Island cite FAC 2005–06 Correction, Technical (c) * * * HSM 74 Wreckage of sailing ship, Amendments. (2) Statistical sampling is an Elephant Island, South Shetland List of Subjects in 48 CFR Parts 2 and acceptable practice for contractors to Islands 31 follow in accounting for and presenting HSM 75 ‘‘A Hut’’, Pram Point, Ross unallowable costs provided the Island Government procurement. following criteria in paragraphs (c)(2)(i),

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(c)(2)(ii), and (c)(2)(iii) of this subsection are met: * * * * * [FR Doc. 05–22505 Filed 11–10–05; 8:45 am] BILLING CODE 6820–EP–S

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Proposed Rules Federal Register Vol. 70, No. 218

Monday, November 14, 2005

This section of the FEDERAL REGISTER • Federal eRulemaking Portal: http:// the basis for the labeling contains notices to the public of the proposed www.regulations.gov. Follow the recommendations that FDA proposes, issuance of rules and regulations. The instructions for submitting comments. through this rulemaking, to designate as purpose of these notices is to give interested • Agency Web site: http:// a special control for latex condoms. persons an opportunity to participate in the www.fda.gov/dockets/ecomments. (FDA intends to address condoms made rule making prior to the adoption of the final rules. Follow the instructions for submitting from other materials at a future date and comments on the agency Web site. solicits comments on possible special Written Submissions controls for such condoms in section DEPARTMENT OF HEALTH AND Submit written submissions in the VIII of this document.) After reviewing HUMAN SERVICES following ways: public comments, FDA intends to issue • FAX: 301–827–6870. a final rule designating the guidance Food and Drug Administration • Mail/Hand delivery/Courier [For document as the special control for latex paper, disk, or CD-ROM submissions]: condoms with and without spermicidal 21 CFR Part 884 Division of Dockets Management (HFA– lubricant. 305), Food and Drug Administration, [Docket No. 2004N–0556] 5630 Fishers Lane, rm. 1061, Rockville, I. Statutory and Regulatory Background MD 20852. RIN 0910–AF21 The Federal Food, Drug, and Cosmetic To ensure more timely processing of Act (the act) (21 U.S.C. 301 et seq.), as Obstetrical and Gynecological comments, FDA is no longer accepting amended by the Medical Device Devices; Designation of Special comments submitted to the agency by e- Amendments of 1976 (the 1976 Control for Condom and Condom With mail. FDA encourages you to continue amendments) (Public Law 94–295), the Spermicidal Lubricant to submit electronic comments by using Safe Medical Devices Act of 1990 the Federal eRulemaking Portal or the (SMDA) (Public Law 101–629), the Food AGENCY: Food and Drug Administration, agency Web site, as described in the and Drug Administration Modernization HHS. Electronic Submissions portion of this Act (Public Law 105–115), and the ACTION: Proposed rule. paragraph. Medical Device User Fee and Instructions: All submissions received Modernization Act (Public Law 107– SUMMARY: The Food and Drug must include the agency name and 250), established a comprehensive Administration (FDA) is proposing to Docket No. and Regulatory Information system for the regulation of medical amend the classification regulations for Number (RIN) (if a RIN number has been devices intended for human use. condoms and condoms with assigned) for this rulemaking. All Section 513 of the act (21 U.S.C. 360c) spermicidal lubricant containing comments received may be posted established three categories (classes) of nonoxynol–9 (condoms with without change to http://www.fda.gov/ devices, defined by the regulatory spermicidal lubricant) to designate a ohrms/dockets/default.htm, including controls needed to provide reasonable special control for natural rubber latex any personal information provided. For assurance of their safety and (latex) condoms with and without additional information on submitting effectiveness. The three categories of spermicidal lubricant. FDA is proposing comments, see the ‘‘Comments’’ heading devices are class I (general controls), the draft guidance document entitled of the SUPPLEMENTARY INFORMATION class II (special controls), and class III ‘‘Class II Special Controls Guidance section of this document. (premarket approval). Document: Labeling for Male Condoms Docket: For access to the docket to Under section 513 of the act, FDA Made of Natural Rubber Latex,’’ as the read background documents or refers to devices that were in special control that the agency believes comments received, go to http:// commercial distribution before May 28, will help provide a reasonable www.fda.gov/ohrms/dockets/ 1976 (the date of enactment of the 1976 assurance of the safety and effectiveness default.htm and insert the docket amendments), as preamendments of the devices. Elsewhere in this issue number, found in brackets in the devices. FDA classifies these devices of the Federal Register, FDA is heading of this document, into the after the agency takes the following announcing a notice of availability of ‘‘Search’’ box and follow the prompts steps: (1) Receives a recommendation the draft special controls guidance and/or go to the Division of Dockets from a device classification panel (an document for public comment. Management, 5630 Fishers Lane, rm. FDA advisory committee); (2) publishes DATES: Submit written or electronic 1061, Rockville, MD 20852. the panel’s recommendation for comments on the proposed rule by FOR FURTHER INFORMATION CONTACT: comment, along with a proposed February 13, 2006. See section IV.C of Colin M. Pollard, Center for Devices and regulation classifying the device; and (3) this document for the proposed effective Radiological Health (HFZ–470), Food publishes a final regulation classifying and compliance dates of a final rule and Drug Administration, 9200 the device. FDA has classified most based on this proposal. Corporate Blvd., Rockville, MD 20850, preamendments devices under these ADDRESSES: You may submit comments, 301–594–1180. procedures. identified by Docket No. 2004N–0556 SUPPLEMENTARY INFORMATION: The Devices that were not in commercial and/RIN number 0910–AF21, by any of preamble to this proposed rule provides distribution before May 28, 1976, the following methods: an extensive scientific discussion generally referred to as postamendments Electronic Submissions addressing the medical accuracy of devices, are classified automatically by Submit electronic comments in the condom labeling, as required by Public statute (section 513(f) of the act) into following ways: Law 106–554. This discussion provides class III without any FDA rulemaking

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process. Those devices remain in class II. Regulatory History of the Devices latex material. The expiration dating regulation addresses the risk of condom III until FDA does the following: (1) A. Condoms Reclassifies the device into class I or II; deterioration due to product aging and (2) issues an order classifying the device Condoms were marketed in the helps ensure that consumers have into class I or II in accordance with United States for both contraceptive and information regarding the safe use of section 513(f)(2) of the act; or (3) issues prophylactic (preventing transmission latex condoms (62 FR 50501, September of sexually transmitted diseases (STDs)) an order finding the device to be 26, 1997). The latex sensitivity labeling use prior to the enactment of the 1976 substantially equivalent, in accordance requirements were added in response to amendments. As a preamendments numerous reports of severe allergic with section 513(i) of the act, to a legally device, the condom was classified along marketed device that has been classified reactions and deaths related to a wide with hundreds of other devices during range of medical devices containing into class I or class II. The agency FDA’s original classification determines whether new devices are natural rubber (62 FR 51021 at 51029, proceedings. Based primarily on the September 30, 1997). substantially equivalent to predicate clinical expertise and experience of devices by means of premarket experts on the Obstetrics and B. Condoms With Spermicidal Lubricant notification procedures in section 510(k) Gynecology Device Classification Panel, Condoms with spermicidal lubricant of the act (21 U.S.C. 360(k)) and FDA classified condoms into class II by (containing nonoxynol–9) were regulations at part 807 (21 CFR part regulation published in the Federal classified by statute into class III 807). Register of February 26, 1980 (45 FR because they were not in commercial Under the 1976 amendments, class II 12710). Condoms were identified as distribution before May 28, 1976 devices were defined as devices for ‘‘***a sheath which completely (enactment of the 1976 amendments). In covers the penis with a closely fitting which there was insufficient 1982, in response to a reclassification membrane. The condom is used for information to show that general petition, the Center for Devices and contraceptive and for prophylactic Radiological Health (CDRH) reclassified controls themselves would provide purposes (preventing transmission of reasonable assurance of safety and condoms with the spermicide venereal disease)***’’ (21 CFR nonoxynol–9 (N–9) in the lubricant effectiveness, but for which there was 884.5300). This classification regulation sufficient information to establish from class III to class II. The purpose of includes latex condoms. N–9 in the lubricant was to provide performance standards to provide such At the time that condoms were additional contraceptive protection in assurance. SMDA broadened the classified into class II, the statutory the event that semen were to leak or definition of class II devices to mean definition of that class contemplated the seep into the vagina. At the time of this those devices for which the general establishment of mandatory reclassification, N–9 was already controls by themselves are insufficient performance standards for all class II available as an over-the-counter vaginal to provide reasonable assurance of devices, in accordance with section drug product, used alone or with a safety and effectiveness, but for which 514(b) of the act (21 U.S.C. 360d(b)). cervical cap or diaphragm. there is sufficient information to Because of the complex process The petition for reclassification of establish special controls to provide associated with issuing mandatory condoms with N–9 in the lubricant such assurance, including performance performance standards, the agency did contained evidence demonstrating that standards, postmarket surveillance, not establish a performance standard for N–9 on the condom reduces sperm condoms or virtually any other class II patient registries, development and motility, a key factor in fertilization. device before SMDA provided dissemination of guidelines, Although the petition did not include additional options for special controls recommendations, and any other clinical data to establish the degree of for class II devices in 1990. The present appropriate actions the agency deems contraceptive protection provided by rulemaking proposes to designate a the N–9 in addition to that provided by necessary (section 513(a)(1)(B) of the special control for latex condoms. the condom, FDA believed that the act). Condoms are also subject to general condom with spermicidal lubricant In addition to the act, as amended, controls, which include good might provide an increase in use- and its implementing regulations, on manufacturing practices (quality system effectiveness—the level of effectiveness December 21, 2000, Congress enacted regulation), registration and listing, attained by typical users, including adverse event reporting, and the Public Law 106–554, which required those who either fail to use the product prohibitions on adulteration and that FDA ‘‘* * * reexamine existing correctly or do not use it each time misbranding. This device is also subject condom labels’’ and ‘‘* * * determine during sexual intercourse—and to labeling requirements applicable to whether the labels are medically recognized that clinical studies of the all devices, including a statement of accurate regarding the overall device would be difficult to conduct principal intended action(s) and effectiveness or lack of effectiveness of and may not provide evidence justifying adequate directions for use, as described condoms in preventing sexually the effort of collecting it (47 FR 18670, transmitted diseases, including [human in part 801 (21 CFR part 801). In addition to the general labeling April 30, 1982). papillomavirus].’’ Under this mandate, requirements, latex condoms are subject To address the limitation of the data, FDA undertook a review of the medical to specific labeling requirements in the agency’s reclassification order, accuracy of condom labeling, which addressing expiration dating and latex FDA stipulated that the labeling for included an extensive review of the sensitivity (§§ 801.435 and 801.437). condoms with spermicidal lubricant scientific information related to FDA established expiration dating bear the following contraceptive condoms. This review is discussed in requirements in response to information effectiveness provision: This product combines a latex condom and the following paragraphs. The draft that showed that the effectiveness of special controls guidance document a spermicidal lubricant. The spermicide, latex condoms as a barrier to sexually nonoxynol–9, reduces the number of active includes labeling recommendations transmitted diseases, including human sperm, thereby decreasing the risk of based on this FDA review. immunodeficiency virus (HIV), is pregnancy if you lose your erection before dependent upon the integrity of the withdrawal and some semen spill outside the

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condom. However, the extent of decreased III. Review of the Medical Accuracy of way of comparison, most bacteria are risk has not been established. This condom Condom Labeling 1,000 nm or larger; HIV and herpes should not be used as a substitute for the In re-examining condom labeling as simplex virus (HSV) are on the order of combined use of a vaginal spermicide and a 100 nm, and human papillomavirus condom. directed by Public Law 106–554, and in the development of the draft special (HPV) is about 53 nm. The test bacteriophage is also much smaller than In the preamble to the final rule that controls guidance document, FDA sperm, which are 5–10 µm (cell body), codified the reclassification, FDA considered the following: i.e., 5,000–10,000 nm.) Of the 470 explained that condoms with • Physical properties of condoms, condoms tested, 12, or 2.6 percent, spermicidal lubricant were reclassified • Condom slippage and breakage exhibited some viral penetration. Only into class II, provided that the labeling during actual use, two of the 470 condoms (0.43 percent) included the contraceptive effectiveness • Plausibility for STD-risk reduction exhibited significant viral penetration. provision and an expiration date attributable to condoms, statement (47 FR 49021, October 29, • This study showed that latex Evaluations of condom condoms are highly effective at 1982). To date, all legally marketed effectiveness against STDs by other condoms with spermicidal lubricant preventing passage of even the smallest Federal agencies, and infectious agents. This supports the have included the contraceptive • Clinical data regarding condom conclusion expressed later in this effectiveness provision in the proposed protection against STDs. document that condoms are effective in labeling contained in the premarket Taken together, the information FDA reducing transmission of any STD to notification (510(k)) submission that considered and its analysis support the which they provide a mechanical formed the basis for their clearance by conclusion that condoms reduce the barrier, namely, any STD that is spread CDRH. The condom with spermicidal overall risk of STD transmission, to or from the penis, the area covered by lubricant is identified as ‘‘a sheath although the degree of risk reduction for the condom. which completely covers the penis with different types of STDs varies with their a closely fitting membrane with a routes of transmission. 2. Presence/Absence of Holes (Water lubricant that contains a spermicidal During the course of its reexamination Leak Test) agent, N–9. This condom is used for of the medical accuracy of condom Another physical property important contraceptive and prophylactic labeling, FDA also considered to condom performance is the presence purposes (preventing transmission of information on N–9 (section III.F of this or absence of tiny pinholes that might venereal disease)’’ (21 CFR 884.5310). document) and recent studies on occur in some condoms, even under Condoms with spermicidal lubricant contraception (section III.G of this optimal manufacturing conditions, but were reclassified into class II, document). The following sections which are too small to see without mandatory performance standards. As summarize FDA’s review. magnification. As the viral penetration assay (Ref. 1) illustrated, passage of a discussed earlier in this document, A. Physical Properties of Condoms however, because of the complex virus or bacterium requires concomitant process associated with issuing Condoms are designed to work in passage of the fluid medium in which accordance with a straightforward mandatory performance standards, the the pathogens are suspended. premise—condoms provide a physical agency did not establish a performance Consequently, to operate as effective barrier to sperm and to STD pathogens, standard for condoms or virtually any barriers, condoms should not have and thus can reduce the likelihood of other class II device before 1990, when holes, even tiny holes, that might permit conception or STD transmission, which the enactment of SMDA provided passage of fluid. The notion that depend on the passage of those agents. condoms should not have holes is additional options for special controls. (In the case of condoms containing N– intuitive, and condom manufacturers Consistent with current statutory 9 in the lubricant, with respect to have for years used tests for detection of authority, the present rulemaking contraception, this physical barrier is tiny holes in the condom as a product proposes to designate a special control supplemented by a spermicide.) To release quality control measure, on a lot- for latex condoms with spermicidal assess this premise, and in particular to by-lot basis. Likewise, FDA has pursued lubricant, as well as latex condoms determine what condom labels should legal actions against manufacturers of without spermicidal lubricant. Condoms communicate, FDA considered several condoms that have holes. See, e.g., Dean with spermicidal lubricant are also sources of information about the Rubber Manufacturing Co. v. United subject to general controls, including physical properties of condoms. States, 356 F.2d 161 (8th Cir. 1966) good manufacturing practices (quality (condoms labeled for prevention of 1. Condom Barrier Property (Viral system regulation), establishment venereal disease were adulterated where Penetration Assay) registration and device listing, adverse some had tiny pinholes, detectable event reporting, and the prohibitions on To test the hypothesis that a condom through water leak test). adulteration and misbranding. inherently acts as a barrier to passage of One way to test for the presence of This device is also subject to the very tiny particles, Lytle et al., tiny pinholes is by a standard water leak labeling requirements applicable to all conducted an in vitro study of nine test that requires filling the condom devices, including a statement of different brands of latex condoms with 300 milliliters (ml) of water and principal intended action(s) and commercially available in the United inspecting for leakage. Current adequate directions for use, as described States (470 samples), with and without consensus standards (American Society in part 801. In addition to these general spermicidal lubricant containing N–9. for Testing Materials (ASTM) D 3492 labeling requirements, latex condoms This study, later characterized as a viral and International Standards with spermicidal lubricant are also penetration assay, used the Organization (ISO) 4074) address test subject to the same labeling bacteriophage FX174 as a surrogate for methodology and acceptance criteria, requirements addressing expiration a pathogenic human virus (Ref. 1). This and the agency has recognized both of dating and latex sensitivity as condoms surrogate bacteriophage is only 27 these standards in accordance with without spermicidal lubricant nanometers (nm) in size, and is smaller section 514(c) of the act. (Interested (§§ 801.435 and 801.437). than any pathogens that cause STDs. (By parties can search for FDA-recognized

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standards by accessing the following United States have established and discussed in the following section, the Web site: http:// implemented air burst test requirements degree of risk reduction varies www.accessdata.fda.gov/scripts/cdrh/ as part of their GMP procedures. depending on the route of transmission cfdocs/cfstandards/search.cfm.) 4. Packaging and Shelf Life of the STD. As discussed later in this The agency believes that condom test document, this finding is also supported methods and acceptance criteria In collaboration with the Centers for by review of studies on condom use and regarding barrier properties specified in Disease Control and Prevention (CDC) STD risk reduction. either of these two recognized standards and state level health departments, FDA are appropriate for use by manufacturers sponsored a large, multi-year shelf-life C. Plausibility for STD Risk Reduction in the implementation of good study testing the physical properties of Attributable to Condoms manufacturing practices (GMPs) under marketed condoms over time under a the quality system regulations (21 CFR variety of test conditions during the FDA evaluated the plausibility of part 820) for their condom 1990s (Ref. 3). This study also attributing STD risk reduction to regular manufacturing operations. During highlighted the importance of quality condom use by integrating the inspections to monitor compliance with packaging of the condom to prevent preceding information about the the quality system regulation, FDA product deterioration. Using the results condom’s barrier properties with confirms that condoms manufactured of this study, FDA issued a new labeling information about general condom for the U.S. market are subject to regulation in 1997 to address expiration design (e.g., how the condom is donned appropriate acceptance testing to dating for condoms made from natural and how it covers the penis) and about demonstrate compliance with their rubber latex and the shelf life testing the clinical microbiology of STD performance specifications, including that must support it (§ 801.435). A pathogens and how they are testing to address the detection of similar provision is now contained in transmitted. Specifically, STD pinholes. FDA also performs a check of the international standard for latex transmission requires contact between a all imported condom shipments, using condoms (ISO 4074). pathogen source from an infected individual (e.g., semen, mucus, or the water leak test described previously B. Condom Slippage and Breakage lesion) and a recipient site of an in this document, to determine whether During Actual Use they meet an acceptable quality level. uninfected partner (e.g., vaginal or Because condoms must be in place cervical mucosa of a woman, the urethra 3. Air Burst Properties and intact to form an effective barrier of a man, genital skin of either a man Besides being made of material that and thus help prevent pregnancy and or a woman). For the reasons explained inherently serves as a barrier to sperm provide protection against STD in the following paragraphs, the agency and microscopic STD pathogens, and transmission, condoms should be concludes that condoms can limit this being manufactured through processes designed to avoid slippage and breakage contact, and that they thus reduce the that minimize the occurrence of tiny during actual use. As discussed later in overall risk of STD transmission. holes in finished product, other this document, the National Institutes of In the evaluation to determine the physical properties of a condom Health (NIH) convened a workshop on important to its effectiveness include air condom effectiveness against STDs in overall effectiveness of condoms in burst properties, such as burst pressure June 2000 (the June 2000 Workshop). preventing STD transmission, it is and burst volume. Such properties have The June 2000 Workshop panelists critical to recognize that individual previously been correlated with looked at the question of condom STDs vary with respect to routes of breakage during use (Ref. 2). In slippage and breakage during use. The transmission (e.g., via penile fluid or developing standards that specify report from the June 2000 Workshop, exposure to infectious skin) and minimum values that manufacturers use based on the best available studies at the infectivity (e.g., how many viral or as specifications for their condoms, FDA time, concluded that the condom bacterial particles must be transmitted and standards development breakage rate during use ranges from 0.4 for infection to occur). Based on these organizations considered data from percent to 2.3 percent, with a factors, FDA evaluated the extent to studies of air burst testing combined comparable rate for condom slippage which a condom, which only covers the with data from manufacturers’ (Ref. 4). Key factors affecting breakage shaft and head of the penis, can provide experience with this test methodology. include lack of experience, use of an effective physical barrier to On April 5, 1994, FDA issued a letter to lubricant, and condom size. Since the transmission of different STDs. To condom manufacturers requesting that June 2000 Workshop, we are aware of determine whether and to what extent it they adopt ISO air burst testing as part three additional, prospective studies is reasonable, based on available of their finished device testing to that are consistent with these findings information, to expect a condom to provide increased assurance of (Refs. 5, 6, and 7). protect against different STDs, FDA protection from sexually transmitted These data, when considered together considered nine STDs, including those diseases, including HIV. Following the with condom barrier properties and most common in the United States, and issuance of this letter and FDA’s plausibility information (discussed in their routes of sexual transmission. recognition of the ISO, ASTM, and the following paragraphs), also support Table 1 of this document lists each STD similar standards, manufacturers of the conclusion that condoms reduce the considered and its usual route(s) of latex condoms legally distributed in the risk of STD transmission, although, as sexual transmission.

TABLE 1.—STDS AND USUAL ROUTE(S) OF TRANSMISSION

Exposure to Infectious Skin or Mucosa (Ex- STD Exposure to and From the Head of the Penis cluding the Head of the Penis)

Group I

HIV/Aquired Immunodeficiency Syndrome (AIDS)

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TABLE 1.—STDS AND USUAL ROUTE(S) OF TRANSMISSION—Continued

Exposure to Infectious Skin or Mucosa (Ex- STD Exposure to and From the Head of the Penis cluding the Head of the Penis)

Neisseria gonorrhea Chlamydia trachomatis Trichomoniasis Hepatitis B Virus

Group II

Syphilis Genital HSV Genital HPV Chancroid

Regarding the potential for STD risk of STD transmission. The extent of risk review of a meta-analysis of HIV reduction attributable to condom use, reduction varies between two general discordant couples (Ref. 8), it was noted FDA concluded that the potential for groups of STDs. Risk reduction is that correct and consistent condom use condoms to help prevent STDs that are greater for those transmitted exclusively decreased the risk of HIV/AIDS transmitted from or to the penis (table through contact with the penis. Risk transmission by approximately 85 1, group I) is greater than the potential reduction is not as great for those that percent. Panelists noted that many of risk reduction for STDs that are also may be transmitted both through such the HIV/AIDS studies they reviewed transmitted by contact with infectious contact and through contact with employed better study methodologies skin or mucosa not covered by the infectious skin or mucosa not covered than studies of other STDs. For condom (table 1, group II). This risk by the condom. example, HIV/AIDS studies were reduction is a result of the condom’s prospective, measured exposure for D. Evaluations of Condom Protection ability to serve as a barrier to help discordant couples (i.e., one partner is Against STDs by Other Federal Agencies prevent contact between the genital infected and the other is not infected), fluids and the potentially susceptible FDA also reviewed evaluations by and were more likely to measure the mucosa. For STDs transmitted from or other federal public health agencies effect of correct and consistent condom to the penis, a condom will provide a regarding condoms and the protection use. The primary outcome measure for physical barrier that helps to prevent they provide against sexually these studies was typically condom STD pathogens contained in penile fluid transmitted diseases. effectiveness against transmission of from reaching the cervico-vaginal or 1. The June 2000 Workshop: Scientific HIV. Such study design features ano-rectal mucosa, thereby reducing the Evidence on Condom Effectiveness represent a relative strength of the HIV/ risk of transmission from males with AIDS condom literature compared with STDs that meet these conditions. It also In June 2000, the National Institutes condom literature for other STDs. protects a man’s urethra from STD of Health (NIH) convened a workshop Gonorrhea: Studies reviewed showed pathogens contained in his partner’s with other federal public health that correct and consistent condom use secretions. STDs that meet these agencies and outside expert panelists. would reduce the risk of gonorrhea for conditions include HIV, gonorrhea, The June 2000 Workshop entitled men. However, the report stated that chlamydia, trichomoniasis, Hepatitis B, ‘‘Scientific Evidence on Condom limitations in study methodology did and are listed in group I, in table 1 of Effectiveness for Sexually Transmitted not allow an assessment of the degree of this document. Disease (STD) Prevention’’ involved protection in women. For group II STDs, under its other federal agencies, including FDA, Genital HPV: The report issuing from plausibility analysis, FDA concludes CDC, and the U.S. Agency for the Workshop concluded that most of that while condoms are likely to provide International Development. The report the reviewed studies did not obtain some risk reduction, the degree of risk issuing from the June 2000 Workshop sufficient information on condom use to reduction may not be as great as that was based on consideration of allow careful evaluation of the expected for group I STDs. This is approximately 138 papers, the majority association between condom use and because, for group II STDs, the condom of which were published before HPV infection or disease. The report provides a barrier in some, but not all, December 1999, mostly in peer- also concluded that there was no situations that may lead to transmission. reviewed journals (http:// epidemiologic evidence that condom Protection against group II STDs www.niaid.nih.gov/dmid/stds/ use reduced the risk of HPV infection, depends on the site of the sore/ulcer or condomreport.pdf). (FDA has verified but that condom use might afford some infection. Condoms can only protect the Web site address, but we are not protection in reducing the risk of HPV- against transmission when the ulcers or responsible for subsequent changes to associated diseases, including warts in infections are covered or when the Web site after this document men and cervical neoplasia (cervical susceptible sites are protected by the publishes in the Federal Register.) cancer precursors and invasive cancer) condom. During its deliberations, the June 2000 in women. In summary, considering the means of Workshop panelists considered whether Chlamydia, Syphilis, Genital HSV, transmission of STDs and the extensive condoms can prevent infection by eight Chancroid, and Trichomoniasis:1 The information on the physical different STDs and came to the characteristics and performance of following conclusions: 1 Trichomoniasis was addressed by the June 2000 Workshop organized by NIH, the report of which is condoms, FDA believes there is strong HIV/AIDS: Workshop findings cited in Ref. 4, as well as in a CDC fact sheet support for the conclusion that condoms reaffirmed that condoms are highly discussed later in this document (http:// are effective in reducing the overall risk effective against HIV transmission. From www.cdc.gov/nchstp/od/latex.htm). (FDA has

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report stated that the scientific literature results of clinical studies. Based on could reduce the quantity of HPV did not allow an accurate assessment of review of these items, the fact sheet transmitted or the likelihood of re- the degree of potential protection concluded: exposure to HPV, thereby decreasing the offered against these STDs by correct Latex condoms, when used consistently risk of developing clinical disease. and consistent condom use. and correctly, are highly effective in Another possible explanation offered by Although the panel acknowledged the preventing transmission of HIV, the virus CDC is that condom use reduces the risk available laboratory data on physical that causes AIDS. In addition, correct and of exposure to a possible cofactor for performance of condoms, as well as data consistent use of latex condoms can reduce cervical cancer, such as chlamydia or the risk of other sexually transmitted diseases from clinical studies on condom use (STDs), including discharge and genital ulcer genital herpes, thereby reducing the risk patterns and condom slippage and diseases. While the effect of condoms in of developing cervical cancer (Ref. 9). breakage during use, neither these preventing human papillomavirus (HPV) The summary section went on to state factors nor the plausibility of condom infection is unknown, condom use has been that ‘‘[r]egular cervical cancer screening protection against the various STDs associated with a lower rate of cervical for all sexually active women and were considered in the summary cancer, an HPV-associated disease. treatment of precancerous lesions conclusions on STD risk reduction 3. CDC Report to Congress entitled remains the key strategy to prevent cervical cancer.’’ described previously in this document, ‘‘Prevention of Genital Human which reflected solely the assessment of Papillomavirus Infection’’ E. Systematic Reviews Regarding clinical studies. As already explained, Condom Protection Against STDs FDA’s approach in the present CDC included a systematic literature rulemaking has considered all of these review of condoms and HPV and HPV- The agency also analyzed the factors, in addition to the clinical data. associated diseases in its January 2004 following sources of clinical data The June 2000 Workshop Summary report to Congress entitled ‘‘Prevention regarding condom protection against also included an FDA analysis that of Genital Human Papillomavirus STDs: • looked at how different possible Infection.’’ This report describes the Systematic reviews (meaning condom failure modes can affect the epidemiology of genital HPV infection reviews of a clearly formulated question expected volume of semen exposure. and its transmission, and summarizes that uses systematic and explicit Workshop panelists concluded that this strategies to prevent infections with methods to identify, select, and analysis showed that, even in the event genital HPV and HPV-associated critically appraise relevant research and of condom breakage, leakage or diseases. The report cited three studies to collect and analyze data from studies slippage, condom use would still result (not included in the June 2000 that are included with the review) for in greatly reduced exposures because Workshop report) that showed a STDs where such reviews were statistically significant reduction in risk available; and the amount of semen is reduced by • orders of magnitude when compared to of HPV infection attributable to Individual clinical studies for STDs not using a condom at all. condoms, but noted that most studies where systematic reviews were not did not show this effect (Refs. 31, 32, identified. 2. CDC Fact Sheet ‘‘Male Latex 33). The report stated that ‘‘all In the following analysis of clinical Condoms and Sexually Transmitted published epidemiologic studies have studies regarding condom protection Diseases’’ significant methodologic limitations against STDs, the STDs have been In December 2002, CDC developed a which make the effect of condoms in grouped according to plausibility for fact sheet for public health personnel prevention of HPV infection unknown.’’ risk reduction attributable to condom entitled ‘‘Male Latex Condoms and The report continued: use, discussed previously. The STDs Sexually Transmitted Diseases,’’ with Given these observations, as well as the transmitted primarily to or from the information on condom protection facts that laboratory studies show that latex head of the penis (HIV, gonorrhea, against HIV/AIDS, gonorrhea, condoms provide a barrier to HPV and that chlamydia, and HBV) are discussed first chlamydia, trichomoniasis, HSV, most genital HPV in men is located on areas (group I STDs). STDs that are also syphilis, chancroid, and HPV (http:// of the skin covered by a condom, the transmitted by exposure to infectious cumulative body of available scientific www.cdc.gov/nchstp/od/latex.htm). skin or mucosa excluding the head of evidence suggests that condoms may provide the penis are discussed second (group II (FDA has verified the Web site address, some protection in preventing transmission but we are not responsible for of HPV infections but that protection is STDs). FDA believes this body of subsequent changes to the Web site after partial at best. The available scientific literature illustrates both the limitations this document publishes in the Federal evidence is not sufficient to recommend and the benefits of condom use for Register.) CDC’s fact sheet addressed the condoms as a primary prevention strategy for protection against STDs. the prevention of genital HPV infection. same eight STDs considered by the June 1. Group I 2000 Workshop. The CDC Fact Sheet There is evidence that the use of condoms may reduce the risk of cervical cancer. HIV: In a recent meta-analysis (Ref. was based on laboratory studies, the 10), Weller and Davis selected 14 theoretical basis for protection for The summary section of the report clinical studies for final analysis based condoms to reduce risk for STDs, and addressed strategies to prevent HPV infection and stated ‘‘[w]hile available on exemplary study design. These verified the Web site address, but we are not scientific evidence suggests that the prospective cohort studies of discordant responsible for subsequent changes to the Web site effect of condoms in preventing HPV is heterosexual couples showed that after this document publishes in the Federal unknown, condom use has been correct and consistent use of condoms Register.) FDA has similarly included this STD in associated with lower rates of the HPV- resulted in an overall 80 percent table 1 as a group I STD on the basis of its route of transmission. This rulemaking does not consider associated diseases of genital warts and reduction in HIV incidence. Other any additional information regarding cervical cancer.’’ The CDC report offered reviews (Ref. 11) also have shown risk trichomoniasis, however, because there is no two possible explanations about how reduction against HIV associated with significant new information on this STD. Neither condoms might reduce the risk of correct and consistent condom use. FDA’s prior labeling recommendations nor its proposed special control guidance recommend genital warts and cervical cancer when Consistent with the NIH Workshop making specific claims for condom effectiveness the effect of condoms in preventing HPV findings, these reviews support the against trichomoniasis. infection is unknown. Condom use conclusion that correct and consistent

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condom use is highly effective in Genital Herpes: FDA is aware of one of chancroid in the United States is reducing the transmission of HIV systematic review of the condom extremely low.2 In 1999, only 143 new infection. literature regarding protection against cases were reported to the CDC (Ref. 22). Gonorrhea: FDA is aware of one herpes. A literature review published in In summary, the previously discussed systematic review of the condom 2002 (Ref. 16) found that condom use information suggests that condoms, literature regarding protection against appeared to reduce the risk of HSV-2 when used correctly and consistently, gonorrhea. This systematic review of 42 infection for women; an important can be effective in reducing the risk of epidemiological studies reported in study, cited in that review, was a transmission of group II STDs. The 2004 evaluated condom effectiveness for prospective study among discordant degree of risk reduction would be preventing gonorrhea, chlamydia, and couples that found condom use during expected to be less than that for group pelvic inflammatory disease and found more than 25 percent of sex acts was I STDs. that in the vast majority of studies associated with protection against HSV- F. Nonoxynol–9 (N–9) condom use was associated with a 2 acquisition for women but not for men reduced risk of gonorrhea in women and (Ref. 17). More recent prospective Because N–9 kills HIV in vitro, some men (Ref. 12). studies showed that condom use was researchers in the early 1990s Chlamydia: FDA is aware of one associated with a reduced risk of HSV- hypothesized that N–9 might help systematic review of the condom 2 for men and women (Refs. 18 and 19). prevent or reduce the risk of HIV literature regarding protection against HPV: Genital HPV is a common transmission in humans. This benefit, chlamydia (Ref. 12). The 2004 infection in sexually active persons. however, has not been demonstrated epidemiology review cited in the Certain strains of genital HPV cause and was never included on the labeling previous discussion of gonorrhea found genital warts, while others are of either drugs or devices, including that the vast majority of studies showed asymptomatic. The majority of genital condoms lubricated with N–9. Further, that correct and consistent condom use HPV infections spontaneously regress recent clinical data demonstrate that N– reduces the risk of chlamydia for both and do not lead to clinical disease. Less 9 does not protect against HIV men and women. commonly, genital HPV infection is transmission, and frequent use can persistent and leads to cellular This information also supports the cause vaginal irritation, which may abnormalities of the cervix that may conclusion that correct and consistent increase the risk of transmission of HIV progress to cervical cancer (Ref. 34). condom use can reduce the risk of from infected partners. FDA is aware of two systematic A study of ‘‘sex workers’’ in South chlamydia in both men and women. reviews of the scientific literature on Hepatitis B: FDA is not aware of any Africa, Benin, Cote d’Ivoire, and HPV infection and condom use. The Thailand who used a vaginal N–9 gel systematic reviews of the condom previously described 2004 CDC Report literature regarding protection against formulation reported higher HIV to Congress concluded that ‘‘* * * the incidence than women who used a Hepatitis-B (HBV). Although data are effect of condoms in preventing HPV limited, FDA identified one study that placebo formulation (without N–9) (Ref. infection is unknown, [but] condom use 23). The study did not control for addressed this issue. This was a cross- has been associated with lower rates of sectional study (Ref.13), that showed covariates such as condom use or anal the HPV-associated diseases of genital sex, but 16 percent of women converted that correct and consistent condom use warts and cervical cancer’’ (Ref. 9). CDC was significantly associated with lower from HIV negative to HIV positive in the concluded that the available scientific N–9 gel arm, compared to 12 percent of prevalence of HBV. evidence is not sufficient to recommend In summary, the previously discussed women who converted from HIV condoms as a primary prevention negative to HIV positive in the placebo information shows that condoms, when strategy for the prevention of genital group (p=.047). The study also showed used correctly and consistently, can be HPV infection, but that it does indicate that for the 32 percent of participants effective in reducing the risk of that use of condoms may reduce the risk who reported use of a mean of more transmission of group I STDs, which are of cervical cancer. A separate review of than 3.5 applications of vaginal gel per transmitted by exposure of the cervico- 20 studies in 2002 found that, while working day, the risk of HIV–1 infection vaginal, urethral, or rectal mucosa to condoms may not prevent HPV in N–9 users was almost twice that in penile fluids or cervico-vaginal infection, they can reduce the risk of women who used the placebo gel. secretions. genital warts, cervical intraepithelial Researchers found that women who neoplasia II or III, and invasive cervical 2. Group II used N–9 had more vaginal lesions and cancer (Ref. 20). This supports the Syphilis: FDA is not aware of any conclusion that condoms can reduce the vaginal lesions with epithelial breach, systematic reviews of the condom risk of genital warts, cervical which might have facilitated the HIV literature regarding protection against intraepithelial neoplasia II or III, and transmission through the vaginal syphilis. However, FDA identified two invasive cervical cancer, which are mucosa. prospective studies that have examined caused by HPV. On June 25, 2002, the United Nation’s this question. A prospective cohort Chancroid: FDA was unable to World Health Organization (WHO) analysis of female ‘‘sex workers’’ in identify any systematic review articles issued a report from a meeting it held Bolivia (Ref. 14), showed that condom on whether condom use reduces the risk in October 2001 to assess the available use was associated with a 61 percent of chancroid. Although data are limited, scientific information regarding the reduction in the risk of syphilis. A FDA is aware of one prospective cohort safety and effectiveness of N–9 when secondary analysis of a prospective study (Ref. 21) of condom use for used for contraceptive purposes and to study (Ref. 15) also found a significant prevention of genital ulcer disease provide advice to Member States on the protective effect for condoms against (presumed to be chancroid) that was use of N–9. (Ref. 24). The WHO report syphilis transmission. Although data are conducted among prostitutes in Kenya. concluded that there was no published limited, this information also supports This study reported that condom use 2 Neither FDA’s prior labeling recommendations the conclusion that correct and was associated with a significantly nor the agency’s proposed special control guidance consistent condom use can reduce the reduced risk of genital ulcer disease. It recommend making specific claims for condom risk of syphilis. is important to note that the incidence effectiveness against chancroid.

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scientific evidence that N–9-lubricated In addition to the information IV. Proposed Rule condoms provide any additional regarding vaginal irritation and FDA reviewed the previously stated protection against pregnancy or STDs subsequent increased risk of HIV information as part of our reexamination compared with condoms lubricated transmission associated with N–9 use, of condom labeling directed by Public with other products . In view of this recent scientific studies also provide Law 106–554. In light of the agency’s finding and because adverse effects due evidence indicating that N–9 damages findings from our review, FDA is to the addition of N–9 to condoms were rectal tissue and may increase proposing to amend the classification possible, the WHO recommendation to transmission of infectious agents regulations for condoms. The proposed the Member States was that condoms through the rectum. In animal studies regulatory changes, discussed in the lubricated with N–9 should no longer be comparing N–9 rectal lubricant against following paragraphs, are intended to promoted for use in their condom lubricant that is N–9 free, shortened help ensure that condoms are used distribution programs. However, the time until infection occurred in animals safely and effectively by providing WHO report also concluded that ‘‘*** pretreated with the N–9 product (Ref. labeling conveying a concise, accurate it is better to use N–9-lubricated 26). message that neither exaggerates the condoms than no condoms.’’ Prompted by this information, FDA Histologic abnormalities were more degree of overall protection provided by conducted an exhaustive review of common on rectal biopsy following N– condoms, nor undervalues overall STD available literature on N–9 related to 9 use compared to placebo lubricant (89 risk reduction provided by condom use. STD transmission for the purpose of percent vs. 69 percent) (Ref. 27). In a A. Overview of Regulatory Changes evaluating over-the-counter (OTC) different study, rectal lavage following First, FDA is proposing to amend the vaginal contraceptive drug products application of N–9 gel showed sheets of identification sections of the containing N–9. Based on this review, exfoliated epithelium 15 minutes classification regulations for condoms FDA concluded that N–9 does not following product application. No with and without spermicidal lubricant protect against HIV/AIDS and other sheets of cells were observed 15 minutes to change the wording ‘‘venereal STDs. Furthermore, FDA identified following application of the control disease’’ to ‘‘sexually transmitted potential new risks regarding HIV/AIDS product. Finally, no sheets of cells were associated with N–9 use. On January 16, noted 8 to 12 hours following diseases,’’ to reflect current medical 2003, FDA published a notice of application of either product (Ref. 28). terminology. These identification proposed rulemaking that proposed to sections will continue to encompass FDA is not aware of studies that have condoms made of all materials, add warnings on the labeling for over- been conducted expressly to determine the-counter vaginal contraceptive drug including natural membrane (skin) and whether use of N–9 during anal synthetics, as well as latex. Second, products that contain N–9 (68 FR 2254, intercourse increases the risk of HIV January 16, 2003) to address this FDA is proposing to add classification acquisition in humans. However, FDA sections to each of the regulations, information. FDA believes that, with the believes that the evidence described additional warnings, consumers can segregating the subset of condoms in previously in this document regarding each classification that are made of safely use these OTC drug products for the increased likelihood of HIV their intended use as contraceptives. latex. Finally, FDA is proposing to acquisition attributable to vaginal N–9 designate a special controls guidance The preamble for this proposed drug exposure, combined with the evidence labeling rule discusses in detail FDA’s document with labeling of anal tissue disruption from N–9, recommendations for latex condoms. scientific review and conclusions suggests a similar risk in that context. regarding N–9 and STD transmission, As previously noted, latex condoms which the agency likewise considered G. Contraception with and without spermicidal lubricant in its present evaluation. were classified into class II prior to the The study of ‘‘sex workers’’ discussed As stated earlier in this document, effective date of the SMDA provisions previously in this document and others condoms are also used to help prevent that broadened the definition of class II discussed in the preamble to the unintended pregnancy. The devices to establish special controls proposed labeling rule for vaginal effectiveness of condoms as a beyond mandatory performance contraceptive drugs containing N–9 contraceptive has been well established standards. Developing a special controls were conducted using N–9 drug for years, as indicated in FDA’s 1980 guidance document as the means to products, not latex condoms containing classification regulation and reaffirmed provide reasonable assurance of the N–9 in the lubricant. FDA is aware of by recently published contraceptive safety and effectiveness of condoms was only one study specifically examining studies on commercially available not a regulatory option at the time of the effect on STD risk of N–9 in condom condoms (Refs. 5, 6, 29, and 30). These their original classification. Under the lubricant (Ref. 25). The study found no studies show that the typical use authority provided by SMDA, FDA is additional protective effect for pregnancy rate after 6 month’s reliance now able to propose the designation of gonorrhea and chlamydia. In addition, on condoms is 5.4 percent to 7.9 a guidance document as a special FDA believes the literature regarding N– percent. These studies also show that control the agency believes will, 9 vaginal contraceptive drug products correct and consistent use can together with the general controls, establishes that N–9 does not protect significantly lower the failure reasonably assure the safety and against HIV/AIDS or other STDs, and (pregnancy) rate. Many of the same effectiveness of these devices. FDA has also indicates that vaginal irritation can caveats that apply to use of a condom developed a draft special controls result from exposure to N–9, including for STD risk reduction are equally guidance entitled ‘‘Class II Special in amounts similar to that found on N– important to condom use for preventing Controls Guidance Document: Labeling 9 lubricated condoms. That literature unintended pregnancy, e.g., correct and for Male Condoms Made of Natural also indicates that such irritation consistent use and factors that affect Rubber Latex.’’ This draft guidance presents a potential increased risk of slippage and breakage (experience, document describes means by which HIV/AIDS transmission if a user is lubrication, condom size). Attention to latex condoms with and without subsequently exposed to genital these factors is important to maximize spermicidal lubricant may comply with secretions from an infected partner. condom protection. the requirement of special controls for

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class II devices. The draft guidance elsewhere in this issue of the Federal 2. Transmission of STDs document identifies the issues Register, recommends addressing them. The other principal intended use of associated with these devices and B. Issues Requiring Special Controls latex condoms is protection against the recommends addressing these issues transmission of STDs. In developing the through labeling. From its general knowledge of special control, FDA examined the The current voluntary guidance condoms and its specific review of the plausibility of STD risk reduction and recommendations for condom labeling scientific evidence regarding the overall other scientific evidence, explained do not address some of the important effectiveness of condoms in preventing previously in section III of this information FDA has identified in this document. This body of evidence proposed rule. In particular, current STD transmission, FDA has identified indicates that as an overall matter, latex labeling does not provide specific several issues associated with the use of condoms are effective at reducing the information about the reduced latex condoms that require special risk of STD transmission, but that protection condoms offer against controls to provide reasonable assurance differences exist in the level of risk transmission of certain STDs, such as of safety and effectiveness. As addressed HPV, that can be transmitted through in more detail in the following reduction provided by latex condoms contact with infected skin outside the paragraphs, the draft guidance with respect to two general groups of area covered by the condom. In document provides labeling STDs, distinguished by their means of addition, current labeling does not recommendations that address the risks transmission. Consistent with FDA’s findings in the provide specific information about the of unintended pregnancy and of STD potential risks associated with the use of transmission, the issue of incorrect and scientific review described previously the spermicidal lubricant nonoxynol-9 inconsistent use (which undermines the in this document, the draft special (N–9) in condoms. FDA believes that effectiveness of the condom in controls guidance provides specific providing consumers with this protecting against unintended labeling recommendations addressing additional information on condom pregnancy and STD transmission), and the risks of STD transmission by labeling can improve the safe and the risks and limited benefits presented explaining the effectiveness of latex effective use of condoms. More accurate by N–9, which is used in latex condoms condoms with regard to this use. The information about the risks and benefits with spermicidal lubricant. draft guidance recommends that the of condom use with respect to STD labeling explain that latex condoms can transmission can lead to better choices 1. Unintended Pregnancy greatly reduce, but not eliminate, the by individuals who seek to protect risk of acquiring or transmitting One of the principal intended uses of (catching or spreading) HIV. The themselves against these infections and latex condoms is contraception. potentially to reduced transfer of STDs. guidance also recommends labeling to Although latex condoms can greatly The labeling recommendations in the inform users that STDs can be draft guidance are intended to provide reduce the risk of unintended transmitted in various ways, including information to users of latex condoms pregnancy, they cannot eliminate this transmission to or from the penis and with and without spermicidal lubricant. risk. In addition, as discussed elsewhere transmission by other types of sexual The draft special controls guidance in this document, N–9, which is used in contact. The guidance recommends recommends labeling to inform users the lubricant of some condoms, kills labeling to explain that latex condoms about the extent of protection provided sperm, but the degree of additional can reduce the risk of STDs that are by condoms against unintended contraceptive protection that it adds to spread to or from the penis by direct pregnancy and against various types of the condom has not been measured. contact with the vagina and genital STDs, as well as information about The draft special controls guidance fluids, such as gonorrhea and possible risks associated with exposure document recommends that the labeling chlamydia. to N–9 contained in the spermicidal indicate that, when used correctly, latex It further recommends labeling that lubricant of some condoms. The condoms can greatly reduce, but do not indicates that some STDs, such as labeling recommendations provide eliminate, the likelihood of pregnancy. genital herpes and HPV, may also be important information for condom users The draft guidance also recommends transmitted by contact with infectious to assist them in determining whether that the labeling include a comparative skin or mucosa not covered by the condom, and that condoms provide less latex condoms are appropriate for their contraceptive effectiveness table with protection against these STDs. Labeling needs and, if so, to determine whether pregnancy rates for barrier should clarify that, even for these STDs, a condom with or without N–9 lubricant contraceptives. This table is provided in however, there may be some benefits is most suitable. Many of the labeling the draft guidance and is intended to from correct and consistent use, such as recommendations are similar to enable contraceptive users to compare a lower risk of catching or spreading statements in existing condom labeling, alternatives and make appropriate herpes infection and a lower risk of but are being updated to reflect current choices. information. The labeling developing some HPV-related diseases, recommendations related to N–9 are The draft special controls guidance such as genital warts and cervical more comprehensive than existing document also includes a cancer. labeling. recommendation that the labeling for The guidance for condom labeling FDA believes that this draft guidance latex condoms with N–9 state that the does not recommend including is an appropriate special control to help pregnancy protection that N–9 provides information about other ways to prevent provide reasonable assurance of the has not been measured. If the proposed the transmission of STDs or to reduce safety and effectiveness of latex rule designating a special control and the adverse clinical outcomes associated condoms and latex condoms with the accompanying guidance become with these infections. There is spermicidal lubricant containing N–9. final, the new statement will supersede important additional public health The following section discusses the the provision originally included in the information about strategies to prevent issues requiring special controls and order reclassifying latex condoms with transmission of HPV and to reduce how FDA’s proposed special control N–9 from class III to class II (47 FR serious clinical outcomes. These guidance document, announced 49201). strategies include abstinence for men

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and women and regular cervical precautions on using, storing, and condoms lubricated with N–9. Through screening for women. However, the lubricating latex condoms. the proposed designation of the special agency believes its primary role in this controls guidance document, FDA seeks 4. Issues Associated With N–9 in area is its jurisdiction over labeling for to provide decisionmaking information Condoms With Spermicidal Lubricant latex condoms and that its main goal and cautions that should permit users to must be to ensure that such labeling As discussed previously in this determine whether a latex condom with supports the safe and effective use of document, since 1982, condoms with spermicidal lubricant is appropriate for latex condoms by users who have N–9 in the lubricant have been required their needs. chosen latex condoms for protection. At to bear a statement addressing the Specifically, FDA’s draft special this time, the agency has concluded that contraceptive effectiveness of N–9 in controls guidance document it would not be useful to include in order to be classified under § 884.5310. recommends that the labeling for latex condom labeling additional educational No claims relating N–9 to the condoms with spermicidal lubricant information about social behaviors or effectiveness of condoms in preventing state that the product contains the public health programs that can reduce STD transmission have been permitted spermicide N–9, which kills sperm, but the risk and consequences of STD on condom labeling. Subsequently, new that the pregnancy protection provided transmission. Additional information in information has been developed that by N–9 has not been measured. The condom labeling may confuse condom demonstrates that there are risks draft guidance also recommends that the purchasers or cause them to overlook associated with N–9 that may outweigh labeling state that the N–9 lubricant on important messages. However, its benefits as a spermicidal lubricant the condom does not protect against providing this information through for certain users and that confirms that HIV/AIDS or other STDs. Including this other mechanisms not under FDA’s N–9 provides no benefit for STD information permits potential users of jurisdiction may be beneficial. prevention. condoms with N–9 to evaluate the FDA believes the message it has Specifically, as explained in the benefits that this particular type of crafted in its labeling recommendations previous sections, based on its review of condom may offer, particularly in is a balanced recognition of the benefits the available scientific evidence, FDA relation to other latex condoms. As and limits of condoms for reducing concludes that N–9 kills sperm; discussed in FDA’s proposed rule on STDs. The guidance does recommend however, the additional pregnancy OTC vaginal contraceptive drug that condom users consult health care protection provided by N–9 has not products containing N–9, information professionals or seek additional been measured. This limited currently available to the general public information about STDs from reputable contraceptive benefit clearly does not creates the misperception that N–9 governmental agencies. FDA’s apply when a condom is used for anal might help decrease the risk of recommended labeling is also likely to sex. Furthermore, N–9 on the condom becoming infected with HIV and other be a springboard for new initiatives to does not protect against HIV/AIDS or STDs (68 FR 2254). Addressing the lack inform and educate public health other STDs. FDA also concludes that N– of STD protection provided by N–9 is officials, health educators, and—in the 9 can irritate the vagina, which may therefore necessary to help assure safe end—potential condom users. FDA fully increase the risk of HIV/AIDS and effective use of condoms with N–9 expects to partner with Federal, State, transmission from an infected partner. because the public may mistakenly and local public health officials to help Additionally, clinical data demonstrate believe that N–9 does provide this develop such informational and that N–9 can irritate the cells lining the benefit. educational materials. rectum, a finding that, in combination In addition, the draft special controls Later in this proposal, FDA is with other information about the guidance document recommends that specifically requesting comments from transmissibility of HIV, indicates that condom labeling inform users that use the public about the value of adding N–9 may increase the risk of HIV of N–9 can irritate the vagina and that additional information to condom transmission from an infected partner this may increase the risk of getting labeling about other ways to prevent the when used for anal sex. Given these HIV/AIDS from an infected partner. spread of HPV and the clinical factors, for some users, risks associated Labeling should also inform users that outcomes that may develop from that with N–9 may outweigh the benefits of if they or their partner have HIV/AIDS, infection. using a condom containing N–9 in the or if their infection status is unknown, spermicidal lubricant. The they should choose a latex condom 3. Incorrect or Inconsistent Use recommended labeling in the draft without N–9. In addition, given that use In order for latex condoms to achieve special controls guidance instructs such of N–9, which is intended solely for a protective effect against the risks users to choose a latex condom without contraceptive effect, offers no benefit for identified above, they must be used N–9. anal intercourse, and that rectal use of correctly and consistently. Incorrect use From discussions with condom N–9 may increase the risk of HIV/AIDS can undermine the effectiveness of the manufacturers, FDA’s understanding is transmission, the proposed labeling condom against the likelihood of that a large proportion of couples using warns that N–9 can irritate the rectum unintended pregnancy and risks of STD condoms with N–9 are using them and that condoms with N–9 should not transmission. Inconsistent use, for primarily for contraceptive protection be used for anal sex. example, not using a condom with every and are at low risk for HIV/AIDS FDA believes that the designation of act of intercourse, can also diminish the infection. To provide reasonable this special control, which addresses the effectiveness of the condom against the assurance of safe and effective use, information developed since the 1982 risks of unintended pregnancy and STD however, users need to know about the reclassification of condoms with transmission. increased risk of HIV acquisition from spermicidal lubricant into class II, The draft special controls guidance an infected partner that might be together with general controls, should document recommends that the labeling associated with exposure to N–9, reasonably assure the safety and include appropriate precautions to help including exposure resulting from use of effectiveness of these devices. Crafting reduce the incorrect and inconsistent condoms containing N–9 in the labeling for these devices does present use of latex condoms. The draft lubricant, as well as understand the unique difficulties, however. Unlike guidance recommends specific scope of benefits provided by latex OTC vaginal contraceptive drugs

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containing N–9, latex condoms (both manufacturers. The agency believes, submissions (510(k)s) for new latex with and without N–9) are intended for therefore, that the recommendations in condoms with or without spermicidal STD prevention as well as the draft special controls guidance lubricant, filed after the effective date of contraception. While the N–9 lubricant document address the vast majority of any final rule based on this proposal, provided on some condoms is intended condoms distributed in the United must address the issues covered in the to support only the contraceptive use of States. However, at a future date, FDA special controls guidance document the condom, this N–9 lubricant also intends to address condoms made when the 510(k) is submitted. However, component may also unintentionally from other materials that are not the firm submitting a 510(k) needs only increase the risk of transmission of HIV specifically addressed by this guidance. to show that its device meets the if a person were exposed to an infected Until FDA provides further specific recommendations of the guidance or in partner’s secretions after first being guidance for these products, some other way provides equivalent exposed to the N–9 lubricant on the manufacturers of synthetic condoms assurances of safety and effectiveness. condom. For example, this increased may consult Part C of FDA’s guidance FDA proposes that latex condoms risk scenario could occur if a person had document entitled ‘‘Testing Guidance legally marketed before the effective sex using a condom with N–9 and then for Male Condoms Made From New date of any final rule resulting from this subsequently had sex with an infected Material (June 25, 1995),’’ available at: proposal comply with the requirement partner who did not use any condom. At http://www.fda.gov/cdrh/ode/ of special controls by following the the same time, for reasons explained in oderp455.html, and manufacturers of recommendations in the special controls the prior sections, latex condoms with natural membrane condoms may guidance document or in some other N–9 are effective barrier devices, and it consult the guidance document entitled way providing equivalent assurances of is this barrier effectiveness that is the ‘‘Guidance for Industry-Uniform safety and effectiveness within 12 source of their protection against HIV/ Contraceptive Labeling (July 23, 1998),’’ months after the date of publication of AIDS and other STDs. available at: http://www.fda.gov/cdrh/ the final rule based on this proposal in For these reasons, the proposed ode/contrlab.html. the Federal Register (11 months after labeling in the draft special controls FDA believes, however, that most of the effective date of the final rule based guidance document indicates that latex the recommendations contained in the on this proposal). If the issues requiring condoms (both with and without draft special controls guidance special controls are addressed by spermicidal lubricant containing N–9), document for latex condoms regarding labeling as recommended in the special when used correctly every time you labeling to address N–9 are also controls guidance document, no new have sex, greatly reduce, but do not applicable to nonlatex condoms premarket notification (510(k)) or other eliminate, the risk of catching or containing N–9, and encourages report need be filed to address the spreading HIV, while also indicating manufacturers to follow those aspects, changes made. (However, if a that persons who may be at risk of HIV as noted in the draft guidance itself. We manufacturer chooses to satisfy the exposure should choose latex condoms also specifically solicit comment in requirement of special controls by without N–9. We welcome comments on section VIII of this document on making other changes to the device that this labeling and on any means of whether the recommendations in the trigger the submission of a new 510(k) improving it to minimize confusion. In proposed draft guidance that address in accordance with § 807.81(a)(3), a new addition, in section VIII of this issues related to N–9 should be submission will be required.) document, FDA specifically requests proposed as a special control for all This dual compliance date proposal is comments on whether this special condoms with spermicidal lubricant, intended to allow depletion of stocks of control is sufficient to provide a regardless of material. condoms with existing labeling, as well reasonable assurance of the safety and C. Implementation and Proposed as production of condoms with new effectiveness of latex condoms with Effective and Compliance Dates labeling. Based on discussion with spermicidal lubricant containing N–9, major manufacturers, we believe that or whether there are other special After reviewing public comments on the majority of latex condoms reach controls that FDA should consider. FDA this proposed rule and draft guidance final users well within 12 months of also requests comments on whether document, FDA intends to finalize the leaving manufacturer control. We special controls alone are sufficient to guidance document and to issue a final welcome comment on our estimate and provide a reasonable assurance of the rule for condoms with and without on the proposed implementation safety and effectiveness of latex spermicidal lubricant, which will make strategy in general. condoms with spermicidal lubricant that guidance document effective as the containing N–9 or whether the risks of special control for latex condoms with V. Environmental Impact N–9 outweigh the potential and without spermicidal lubricant. FDA The agency has determined under 21 contraceptive benefits the spermicide proposes to implement any such final CFR 25.34(b) that this action is of a type adds to the barrier protection of rule as follows. We propose that any that does not individually or condoms. final rule based on this proposal become cumulatively have a significant effect on At this time, FDA is not proposing to effective 30 days after the date of its the human environment. Therefore, designate a special control for any publication in the Federal Register. We neither an environmental assessment condoms made of natural membrane propose that latex condoms cleared for nor an environmental impact statement (skin) or synthetic materials. marketing on or after this effective date is required. Discussions with the condom industry (but submitted in 510(k)s filed before indicate that condoms made from the effective date) comply with the VI. Analysis of Impacts natural rubber latex represent nearly 98 requirement of special controls by FDA has examined the impacts of the percent of the U.S. retail market for following the recommendations in the proposed rule under Executive Order condoms. The agency understands that special control or providing equivalent 12866 and the Regulatory Flexibility Act all condoms distributed by public assurances of safety and effectiveness no (5 U.S.C. 601–612), and the Unfunded health and other organizations are also more than 60 days after the effective Mandates Reform Act of 1995 (Public made from natural rubber latex, based date of any final rule based on this Law 104–4). Executive Order 12866 on the agency’s discussions with proposal. Premarket notification directs agencies to assess all costs and

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benefits of available regulatory identifies particular issues associated labeling rule is difficult to change or alternatives and, when regulation is with these devices and recommends amend as new scientific information necessary, to select regulatory labeling to address those issues. The becomes available to update the public approaches that maximize net benefits current voluntary guidance health message. (including potential economic, recommendations for condom labeling The benefit of the option the agency environmental, public health and safety, do not address some of the important has chosen is that establishing the and other advantages; distributive risk information FDA has identified in labeling guidance as a special control impacts; and equity). The agency this proposed rule. In particular, current means that manufacturers will be believes that this proposed rule is labeling does not provide specific required to address the concerns consistent with the principles identified information about the reduced identified in the guidance, although in Executive Order 12866. The Office of protection condoms offer against they will not be bound to use the Management and Budget (OMB) has transmission of certain STDs, such as particular language FDA is determined that this proposed rule is a HPV, that can be transmitted through recommending. Since the passage of the significant regulatory action as defined contact with infected skin outside the Safe Medical Devices Act of 1990, FDA by the Executive order and so is subject area covered by the condom. In has been permitted to establish ‘‘special to OMB review. addition, current labeling does not controls’’ as a way to ensure that a The Regulatory Flexibility Act provide specific information about the manufacturer of a Class II device will be requires agencies to analyze regulatory potential risks associated with the use of able to establish the safety and options that would minimize any the spermicidal lubricant nonoxynol-9 effectiveness of that device. In addition significant impact of a rule on small (N–9) in condoms. FDA believes that to all the general controls that apply to entities. FDA does not believe that the providing consumers with this all classes of devices (such as adverse proposed rule will have a significant additional information on condom event reporting and good manufacturing economic impact on a substantial labeling can improve the safe and practices), a ‘‘special control’’ provides number of small entities, but recognizes effective use of condoms. More accurate an additional and necessary level of the uncertainty of its estimates. Because information about the risks and benefits assurance that the risks associated with the agency acknowledges that many of condom use with respect to STD a Class II device can be addressed by the affected entities are small entities, the transmission can lead to better choices manufacturer. analysis presented below, along with by individuals who seek to protect Special control guidances have this preamble, constitutes the agency’s themselves against these infections and become one of the most important ways Initial Regulatory Flexibility Analysis, potentially to reduced transfer of STDs. and the agency specifically solicits Other options the agency considered. that FDA ensures the safety and comments on its estimates and analysis One option the agency considered was effectiveness of Class II medical devices. of the impact of the rule on those small to publish its conclusions as a regular While a special control guidance entities. guidance document, rather than as a remains a ‘‘guidance’’ because there is Section 202(a) of the Unfunded special controls guidance document. no requirement to comply with the Mandates Reform Act of 1995 requires This approach would have made the specific recommendations the guidance that agencies prepare a written information available to the public sets forth, the special control guidance statement, which includes an through agency publication, but it places an obligation upon the assessment of anticipated costs and would not have required that manufacturer to address the issues and benefits, before proposing ‘‘any rule that manufacturers address the labeling concerns identified in that guidance. As includes any Federal mandate that may issues FDA has identified. Unlike a a practical matter, most manufacturers result in the expenditure by State, local, regular guidance, which imposes no do follow the recommendations in a and tribal governments, in the aggregate, requirements, a special controls special controls guidance because it is or by the private sector, of $100,000,000 guidance requires that manufacturers frequently the least burdensome way for or more (adjusted annually for inflation) address the issues identified in the that manufacturer to make sure that his in any one year.’’ The current threshold guidance, either by following the Class II product will meet the necessary after adjustment for inflation is $115 recommendations in the guidance or by standards of safety and effectiveness. million, using the most current (2003) some other means that provides However, the manufacturer can address Implicit Price Deflator for the Gross equivalent assurances of safety and the issues identified in the guidance by Domestic Product. FDA does not expect effectiveness. Although FDA believes following the recommendations in the this proposed rule to result in any 1- that many manufacturers would guidance or by some other means that year expenditure that would meet or incorporate significant portions of the provides equivalent assurances of safety exceed this amount. new recommendations voluntarily, as and effectiveness. In this way, issuing a they have in the past with respect to special controls labeling guidance for A. Background other recommendations for condom condoms ensures that manufacturers The purpose of this proposed rule is labeling, FDA concluded that a purely will provide consumers with the to amend the classification regulations voluntary approach did not ensure information they need to make an for condoms and condoms with sufficient compliance or consistency to informed decision regarding the use of spermicidal lubricant to designate a adequately convey this important condoms. The special control guidance labeling guidance as a special control information to the public. helps ensure that information provided for latex condoms within either The agency also considered to consumers does not exaggerate the classification. (FDA intends to address rulemaking that would mandate specific degree of overall protection provided by condoms made from other materials at new language on all condom labeling to condoms, nor undervalues the overall a future date.) As discussed earlier in address the concerns FDA has STD risk reduction provided by condom this preamble, condoms and condoms identified. The agency rejected this use. The agency believes this special with spermicidal lubricant have been option because a labeling rule deprives control will, together with the general previously classified into class II in manufacturers of any flexibility with controls, provide reasonable assurance accordance with section 513 of the act. respect to the way they provide the of the safety and effectiveness of those The draft special controls guidance information to consumers and because a devices.

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B. Affected Entities and Scope of Effect for each SKU but package inserts and similar to those of many OTC drugs, we The proposed rule would affect the foil labels would be shared by multiple believe the cost to redesign and print persons responsible for the labeling of SKUs. The distribution of the different the labeling for OTC drugs is an latex condoms, which, in most cases, labeling that would need to be appropriate proxy for the estimated would be manufacturers of the vast redesigned is listed in table 2 of this costs to redesign and print condom majority of condoms, including document and includes 475 to 950 retail labeling. For this analysis, cost repackagers. If a final rule is issued, packages, 183 to 367 foils, and 144 to estimates were adjusted to account for manufacturers of condoms, including 288 inserts. (Sample calculation: (500 x inflation using the producer price index repackagers, will need to address the 0.95 / 3) + (500 x 0.05) foils and (500 (PPI) for finished consumer goods, and issues identified in the special controls x 0.95 / 4) + (500 x 0.05) inserts.) current wage rates specific to the guidance document. The firm need only C. Costs of Implementation medical device industry were substituted for the wages used by ERG show that its device meets the Frequent package changes or recommendations of the guidance in the original OTC drug labeling impact redesigns are standard business practice 4 document or in some other way study. We request specific comment on in the consumer healthcare products the values and methodology used to provides equivalent assurances of safety market. Manufacturers with products and effectiveness. To meet the estimate the costs in the following intended for retail sales will have paragraphs. recommendations of the special controls established routines for product guidance document, wording on the We estimate that the regulatory relabeling and employees with the component of each labeling redesign retail package, including the principal technical expertise to implement display panel, the primary condom would require between 8 to 16 hours per labeling changes. The cost to relabel a 5 package (individual foil), and package SKU. Using a wage rate of $43.69, the product can be broken into three basic incremental cost of the one-time insert would most likely need changes components: regulatory, graphics, and to conform to the guidance document. regulatory component cost to redesign manufacturing. The regulatory would be $350 to $700 per labeling Agency records show that component includes determining what approximately 35 entities that redesign (8 (to 16) hours x $43.69/hour). changes are necessary, drafting the The one-time cost of the graphic manufacture or repackage latex wording for the new labeling, and condoms would be affected by this component was estimated to be $550 coordinating the review and revisions. per labeling redesign.6 The one-time proposed rule. FDA does not track the The graphics component includes cost of the manufacturing component, number of different product and preparing the layouts, proofs, and which included the incorporation of the package combinations or stockkeeping printing. Finally, the manufacturing new labeling into the manufacturing units (SKUs) on the market. Based on component includes incorporating the system and discarding the remaining data we received from industry, we new labeling into the manufacturing inventory of the old labeling, was estimate that currently there are system, discarding old labeling estimated to require between 3 and 5 between 500 and 1,000 SKUs on the inventory, and making any changes to hours per label. Using the wage rate of market that would need labeling the packaging line to accommodate the $19.25 for a production employee,7 this changes. If the products are sold with a new labeling, if necessary. retail package, the wording on each of The proposed rule designates a cost would range from about $58 to $96 these SKUs would need to be changed. special controls guidance document that per label (3 (to 5) hours x 19.25/hour). Because manufacturers can often use the recommends changes to wording and same individual foil and package inserts 4 The ERG cost estimates were based on estimates some additional text. Many of the made in 1998. The annual PPI for finished across their product lines, the number of labeling recommendations are similar to consumer goods rose by 9.6 percent between 1998 versions of this labeling that would statements in existing condom labeling, and 2003 (from 130.7 to 143.3) http://www.cdc.gov/ require changes would be less than the but are being updated to reflect current nchstp/dstd/Stats_trends/trends2000.pdf, extracted number of SKUs. July 7, 2004. Wage estimates are from the Bureau information. The labeling of Labor Statistics, May 2003 National Industry- Based on the agency’s experience recommendations related to N–9 are Specific Occupational Employment and Wage with the industry and anecdotal more comprehensive than existing Estimates, NAICS 339100—Medical Equipment and information from manufacturer and labeling. In general, these changes Supplies Manufacturing, (http://stats.bls.gov/oes/ _ retail Web sites, we estimate that there should not require major changes in the 2003/may/naics4 339100.htm), extracted July 7, 2004. (FDA has verified the Web site addresses, but would be a total of 802 to 1,605 labeling design or layout of existing labeling and we are not responsible for subsequent changes to changes to retail packages, individual we believe that, in most cases, the the Web site after this document publishes in the foils, and package inserts. We assumed changes could be incorporated without Federal Register.) that 95 percent of the SKUs (475 to 950) having to increase the dimensions of 5 Mean hourly wage for a compliance officer, SOC 13–1041, in NAICS 339100 is $31.21, which was are marketed with 3 levels of labeling (a any of the labeling. increased by 40 percent to account for employee retail package, individual foil, and The itemized cost estimates used in benefits and equals $43.69 (http://stats.bls.gov/oes/ package insert), and the remaining 5 this analysis were derived from a study 2003/may/naics4_339100.htm). (FDA has verified percent have 2 levels (a foil and package performed for FDA by Eastern Research the Web site addresses, but we are not responsible Group, Inc. (ERG), an economic for subsequent changes to the Web site after this insert). For the SKUs with three levels document publishes in the Federal Register.) of labeling, we further assumed that for consulting firm, to estimate the 6 ERG estimated the cost at $500 per redesign. every three retail package redesigns economic impact of the 1999 Over-the- Adjusting for inflation, the cost would be $548 there would be one foil label redesign, Counter Human Drug Labeling ($500 x 1.096) and was rounded to $550. (See and for every four retail package Requirements final rule (64 FR 13254, footnotes 3 and 4.) March 17, 1999).3 Because the 7 Mean hourly wage for the average production redesigns, there would be one package worker is $13.75, SOC 51–0000, in NAICS 339100, insert redesign. We based these packaging requirements for condoms are which was increased by 40 percent to account for assumptions on our knowledge that a employee benefits and equals $19.25, (http:// single condom type is often sold in 3 Eastern Research Group, Inc., Cost Impacts of stats.bls.gov/oes/2003/may/naics4_339100.htm). the Over-the-Counter Pharmaceutical Labeling Rule (FDA has verified the Web site addresses, but we several retail packages containing (March 1999). Contract number 223–94–8031, are not responsible for subsequent changes to the different numbers of condoms, in which Docket No. 96N–0420, OTC Volume 28 FR, Division Web site after this document publishes in the case retail packages would be different of Dockets Management. Federal Register.)

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The value of the old labeling inventory and because there are a large number of device either meet the recommendations would vary greatly depending on the companies available that can provide or in some other way provide equivalent type and complexity of the labeling, the contract labeling services, we do not measures of safety and effectiveness. average sales per SKU, and the length of believe that any manufacturer would This approach protects the public health the implementation period granted. incur major costs such as the need to by ensuring that manufacturers address Based on the ERG study, with a 12- purchase new labeling or packaging the issues related to latex condoms with month implementation period we equipment as a result of this rule. or without N–9, while, at the same time, estimate that the one-time inventory There are about 12 domestic entities it affords manufacturers some flexibility that manufacture or repackage condoms. loss would range from $410 to $1,650 in implementing the mitigation per foil or package insert and from The Small Business Administration measures outlined in the special $1,250 to $4,950 per carton.8 (SBA) has established criteria to identify FDA believes that by providing a 12- small entities in given industries using controls labeling guidance document. month implementation period, the North American Industry We also considered different manufacturers would have enough time Classification System Code (NAICS). implementation periods before to sell their existing product inventory The NAICS for manufacturing latex proposing a 12-month implementation and have enough newly labeled condoms is 326299 (All Other Rubber period. The agency believes that inventory on hand to meet demand Product Manufacturing). Firms in this consumers should have the most up-to- without a disruption in supply. The industry are considered small if they date information and that this labeling total estimated incremental one-time have fewer than 500 employees. Ten of will lead to better understanding of the costs to the industry for each the 12 domestic entities affected by this health risks and benefits of the product. component of a labeling redesign was proposed rule are small as defined by We believe that allowing for a longer calculated by multiplying the cost per SBA. implementation period unnecessarily The size of a firm alone, however, label by the number of labels affected postpones consumer’s access to the and are presented in table 3 of this would not be a determinant factor on information. However, an document. Because of the uncertainty of the economic impact of this proposed implementation period shorter than 12 the estimates, only the lowest and rule. The relative impact per SKU highest estimated costs are presented would be less for products with a high months would increase the costs rather than reporting the intermediate volume of sales because the one-time imposed by the rule, and it would be values that would be obtained using costs are spread over a larger number of difficult for those manufacturers other pairings of high with low values units. The cost of actual replacement producing many SKUs to accomplish in the ranges estimated. The total one- labeling should also be lower for the task within a shorter time frame time incremental cost to the industry products with high volume sales. Our because of the large number of label was estimated to be between $1.5 and experience with the device industry in designs that would need to be changed. $7.9 million. general, as well as with the latex We have learned through industry and The cost to individual firms to condom industry in particular, indicates trade association comments submitted comply with this proposed rule would that a small-sized company is just as in response to proposed OTC drug rules vary greatly depending on the number likely as a large-sized one to have that the OTC drug industry can of products they produced, how the products with high sales volume and to accommodate a 12-month products were packaged, and the sales have the same or a greater number of implementation period without undue volume. As stated earlier in this SKUs. economic hardship and believe that the document, frequent labeling changes are The agency considered three condom industry can accommodate a alternatives before choosing to issue this a cost of doing business in the consumer similar implementation period without proposed rule. They included the healthcare products market and firms undue economic effects on the industry would have the skills necessary to options of issuing a guidance that would or harmful effects on the costs or supply comply with this proposed rule. not be designated as a special control, of condoms. Because the steps followed for a firm- issuing a labeling regulation mandating initiated change are the same as for exact wording, and the option chosen, As discussed earlier in this document, regulatory change, the labeling issuing a proposed rule that designates while we believe the cost to revise latex recommendations could be incorporated a special controls guidance document condom labeling is small, we lack at the time a firm is implementing a with labeling recommendations. We sufficient specific information on the firm-initiated labeling change for little rejected the issuance of a guidance costs and characterization of the additional cost, and thus, if this rule document alone because it would not industry to certify that this rule would became final, the economic impact of provide enough assurance that not have a significant economic impact this proposed rule would be mitigated consumers would receive the on a substantial number of small by the number of firm-initiated labeling information regarding the issues of latex entities. Thus, while FDA does not changes made during the condoms with or without N–9 and thus believe that this proposal will have a implementation period. In addition, would not provide sufficient assurance significant effect on a substantial because most labeling equipment can of safety and effectiveness. We rejected number of small entities, we recognize handle different labeling sizes and types the option of a labeling rule with the uncertainty of our estimates. We specified wording because it would not request specific comments regarding the 8 ERG estimated that when there was no provide manufacturers with any implementation period granted, the average flexibility in addressing these issues assumptions and methodology used in inventory loss for OTC drug container labels ranged today and would not, in the future, this analysis. FDA intends to consider from $1,500 to $6,000 for small to medium sized all comments and data received and will OTC drug firms. With a 12-month implementation permit flexibility in addressing new period that loss decreased by 3/4. The value of scientific information relevant to these reassess the economic impact of this carton inventory was estimated to be about 3 times issues. proposed rule in the preamble to the greater than container labels. Allowing for inflation final rule. (see footnote 4) the 0-month estimates are We chose to issue a proposed rule that approximately $1,650 and $6,575, respectively (e.g., designates a special controls guidance $1,500 x 1.096). document because it requires that the

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TABLE 2.—ESTIMATED NUMBER OF TABLE 2.—ESTIMATED NUMBER OF TABLE 2.—ESTIMATED NUMBER OF LABEL DESIGNS THAT MAY NEED TO LABEL DESIGNS THAT MAY NEED TO LABEL DESIGNS THAT MAY NEED TO BE MODIFIED BE MODIFIED—Continued BE MODIFIED—Continued

Low-End Es- High-End Low-End Es- High-End Component Low-End Es- High-End Component timate Estimate Component timate Estimate timate Estimate

Cartons 475 950 Foils 183 367 Inserts 144 288 Total 802 1,605

TABLE 3.—ESTIMATED RANGE OF COMPLIANCE COSTS BY FUNCTION

Total Component Range Hours Wage/hour Cost/label Number of la- bels Low High

Regulatory low 8 $43.69 802 $280,315

high 16 1,605 $1,121,952

Graphic low $550 802 441,100

high 1,605 882,750

Manufacturing low 3 $19 .25 802 46,317

high 5 1,605 154,480

Inventory foil and in- sert

low $410 327 134,070

high $1,650 655 1,080,750

carton

low $1,250 475 593,750

high $4,950 950 4,702,500

Total Cost $1,495,552 $7,942,432

VII. Paperwork Reduction Act of 1995 particularly invites comments on the contraceptive benefits the spermicide following issues: adds to the barrier protection of FDA tentatively concludes that this As discussed in more detail in section condoms. proposed rule contains no collections of IV of this document, FDA specifically Finally, as discussed in section IV of information. Therefore, clearance by requests comments on whether its this document, the current special OMB under the Paperwork Reduction labeling recommendations for condoms control proposal applies only to latex Act of 1995 (the PRA) (44 U.S.C. 3501– should include more detailed condoms. FDA acknowledges, however, 3520) is not required. information on the prevention of genital that concerns regarding N–9 in condoms FDA also tentatively concludes that HPV infection, and information on with spermicidal lubricant would the special controls guidance document different approaches for prevention of appear to be very similar for all identified by this rule contains new cervical cancer. condoms, nonlatex as well as latex. For information collection provisions that In addition, as discussed in section IV purposes of making a future proposal, are subject to review and clearance by of this document, FDA specifically FDA solicits comment on possible OMB under the PRA. Elsewhere in this requests comments on whether this special controls for nonlatex (including issue of the Federal Register, FDA is special control is sufficient to provide a both skin and synthetic) condoms publishing a notice announcing the reasonable assurance of the safety and containing N–9. FDA solicits comments availability of the draft guidance effectiveness of latex condoms with on whether the guidance currently document entitled ‘‘Class II Special spermicidal lubricant containing N–9, proposed as a special control only for Controls Guidance Document: Labeling or whether there are other special latex condoms, insofar as it addresses for Male Condoms Made of Natural controls that FDA should consider. FDA risks associated with N–9, should be Rubber Latex’’; the notice contains an also requests comments on whether proposed as that special control. FDA analysis of the paperwork burden for the special controls alone are sufficient to also welcomes comments suggesting draft guidance. provide a reasonable assurance of the alternative special controls for nonlatex VIII. Specific Request for Comments safety and effectiveness of latex condoms with N–9. Moreover, FDA also condoms with spermicidal lubricant welcomes comments on potential FDA welcomes comments on all containing N–9 or whether the risks of special controls for nonlatex condoms aspects of the proposed regulation, but N–9 outweigh the potential without N–9.

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IX. General Request for Comments 10. Weller, S. and K. Davis, ‘‘Condom Health Organization, Geneva, 9–10 October, Effectiveness in Reducing Heterosexual HIV 2001, pp. 1– 27 Interested persons may submit to the Transmission (Cochrane Review),’’ In: The 25. Roddy R. E., M. Cordero, K. A. Ryan, Division of Dockets Management (see Cochrane Library Issue 3, 2002, Oxford: et al., ‘‘A Randomized Controlled Trial ADDRESSES) written or electronic Update Software. Comparing Nonoxynol-9 Lubricated comments regarding this document. 11. Pinkerton, S. D., P. R. Abramson, Condoms With Silicone Lubricated Condoms Submit a single copy of electronic Effectiveness of Condoms in Preventing HIV for Prophylaxis,’’ Sexually Transmitted Transmission, Social Science and Medicine, comments or two paper copies of any Infections, 1998: 74:116–119. 1997, May; 44(9):1303–12. 26. Phillips, D., ‘‘Nonoxynol-9 Enhances mailed comments, except that 12. Warner, D. L., K. M. Stone, and J. W. Rectal Infection by Herpes Simplex Virus in individuals may submit one paper copy. Buchler, Using Epidemiology to Understand Mice,’’ Contraception, 1998:57:341–348. Comments are to be identified with the Condom Effectiveness for Preventing 27. Tabet, S. R., C. Surawicz, S. Horton, et docket number found in brackets in the Gonorrhea, Chlamydia, and Pelvic al., ‘‘Safety and Toxicity of Nonoxynol-9 Gel heading of this document. Received Inflammatory Disease [abstract P116], 2004, as a Rectal Microbicide,’’ Sexually comments may be seen in the Division National STD Prevention Conference, March Transmitted Diseases, 1999:26:10:564–571. 8 to 11, 2004, Philadelphia, PA. 28. Phillips, D. ‘‘Nonoxynol-9 Causes of Dockets Management between 9 a.m. 13. Sanchez, J., E. Gotuzzo, J. Escamilla, et and 4 p.m., Monday through Friday. Rapid Exfoliation of Sheets of Rectal al., ‘‘Sexually Transmitted Infections in Epithelium,’’ Contraception, 2000: 62:3:149– X. References Female Sex Workers: Reduced by Condom 154. Use but Not Limited by a Periodic 29. Frezieres, R. G., T. L. Walsh, A. L. The following references have been Examination Program,’’ Sexually Transmitted Nelson, et al., ‘‘Evaluation of the Efficacy of Diseases, 1998:25:2:82–89. placed on display in the Division of a Polyurethane Condom: Results From a 14. Levine, W. C., R. Revollo, V. Kaune, et Dockets Management (see ADDRESSES) Randomized, Controlled Clinical Trial,’’ al., ‘‘Decline in Sexually Transmitted Disease Family Planning Perspectives, 1999:31:2:81– and may be seen by interested persons Prevalence in Female Bolivian Sex Workers: 87. between 9 a.m. and 4 p.m., Monday Impact of an HIV Prevention Project,’’ AIDS, through Friday. (FDA has verified the 1998 Oct 1;12(14):1899–1906. 30. Gallo, M. F., D. A. Grimes, and K. F. Web site addresses, but we are not 15. Ahmed, S., T. Lutalo, M. Wawer, et al., Schulz, ‘‘Nonlatex vs. Latex Male Condoms for Contraception: A Systematic Review of responsible for subsequent changes to ‘‘HIV Incidence and Sexually Transmitted Disease Prevalence Associated with Condom Randomized Clinical Trials,’’ Contraception, the Web site after this document 2003:68:5:319–236. publishes in the Federal Register.) Use: A Population Study in Rakai, Uganda,’’ AIDS, 2001 Nov 9; 15(16):2171–9. 31. Kjaer, S. K., E. I. Svare, A. M. Worm, 1. Lytle, C. D., L. B. Routson, G. B. Seaborn, 16. Casper, C. and A. Wald, ‘‘Condom Use et al., ‘‘Human Papillomavirus Infection in et al., ‘‘An In Vitro Evaluation of Condoms and the Prevention of Genital Herpes Danish Female Sex Workers: Decreasing as Barriers to a Small Virus,’’ Sexually Acquisition,’’ Herpes, 2002:9:1:10–4. Prevalence With Age Despite Continuously Transmitted Diseases, 1997: 24:3:161–164. 17. Wald A., A. G. M. Langenberg, K. Link, High Sexual Activity,’’ Sexually Transmitted 2. Steiner, M. J., R. Foldesy, D. Cole, et al., et al., ‘‘Effect of Condoms or Reducing the Diseases, 2000: 27(8):438–445. ‘‘Study to Determine the Correlation Between Transmission of Herpes Simplex Virus Type 32. Kotloff K. L., S. S. Wasserman, K. Russ, Condom Breakage in Human Use and 2 From Men to Women,’’ Journal of et al., ‘‘Detection of Genital Human Laboratory Test Results,’’ Contraception, American Medical Association, Papillomavirus and Associated Cytologic 1992:46:3:279–288. 2001:285:3100–3106. Abnormalities Among College Women,’’ 3. Free, M. J., V. Srisamang, J. Vail, et al., 18. Wald A., A. Langenberg, E. Kexel, et al., Sexually Transmitted Diseases, ‘‘Latex Rubber Condoms: Predicting and ‘‘Condoms protect Men and Women Against 1998:25(5):243–250. Extending Shelf Life,’’ Contraception, Herpes Simplex Virus Type 2 (HSV–2) 33. Mayaud P., D. K. Gill, H. A. Weiss, et 1996:53:4:221–229. Acquisition [abstract B9E]. Presented at the al., ‘‘The Interrelation of HIV, Cervical 4. National Institute of Allergy and 2002 National STD Prevention Conference,’’ Human Papillomavirus, and Neoplasia Infectious Diseases, Workshop Summary: March 4–7, San Diego, CA. Among Antenatal Clinic Attenders in Scientific Evidence on Condom Effectiveness 19. Gottlieb, S. L., J. M. Douglas , M. Foster, Tanzania,’’ Sexually Transmitted Infections, for Sexually Transmitted Disease (STD) et al., ‘‘Incidence of Herpes Simplex Virus 2001:77(4):248–254. Prevention, July 2001. Type 2 Infection in Five Sexually 34. 11th Report on Carcinogens, National 5. Walsh, T. L., R. G. Frezieres, K. Peacock, Transmitted Disease Clinics and the Effect of Toxicology Program, January 31, 2005, et al., ‘‘Evaluation of the Efficacy of a HIV/STD Risk Reduction Counseling,’’ (FactSheet). Nonlatex Condom: Results From a Journal of Infectious Diseases, Randomized, Controlled Clinical Trial,’’ 2004:190:1059–1067. List of Subjects in 21 CFR Part 884 Perspectives on Sexual and Reproductive 20. Manhart, L. E. and L. A. Koutsky, ‘‘Do Medical devices. Health, 2003:35:2:79–86. condoms prevent genital HPV infection, 6. Steiner, M. J., R. Dominik, R. W. Therefore, under the Federal Food, external genital warts, or cervical neoplasia? Drug, and Cosmetic Act and under Rountree, et al., ‘‘Contraceptive Effectiveness A meta analysis,’’ Sexually Transmitted of Polyurethane Condom and a Latex Diseases, 2002:29:11:725–735. authority delegated to the Commissioner Condom: A Randomized Controlled Trial,’’ 21. Cameron, D. W., E. N. Ngugi, A. R. of Food and Drugs, it is proposed that Obstetrics and Gynecology, 2003:101:3:539– Ronald, et al., ‘‘Condom Use Prevents Genital 21 CFR part 884 be amended as follows: 547. see 69117 Ulcers in Women Working as Prostitutes,’’ 7. Potter, W. D. and M. de Villemeur, Sexually Transmitted Diseases, PART 884—OBSTETRICAL AND ‘‘Clinical Breakage, Slippage and 1991:18:3:188–191. GYNECOLOGICAL DEVICES Acceptability of a New Commercial 22. Centers for Disease Control and Polyurethane Condom: A Randomized, Prevention, Tracking the Hidden Epidemics 1. The authority citation for 21 CFR Controlled Study,’’ Contraception, 2000, Trends in STDs in the United States, part 884 continues to read as follows: 2003:68:1:39–45. Chancroid (http://www.cdc/gov/nchstp/dstd/ Authority: 21 U.S.C. 351, 360, 360c, 360e, 8. Davis, K. R. and S. C. Weller, ‘‘The _ Stats Trends/Trends2000.pdf). 360j, 371. Effectiveness of Condoms in Reducing 23. Van Damme, L., G. Ramjee, M. Alary, 2. Section 884.5300 is revised to read Heterosexual Transmission of HIV,’’ Family et al., ‘‘Effectiveness of COL–1492, a Planning Perspectives, 1999: 31:6:272–279. Nonoxynol-9 Vaginal Gel, on HIV–1 as follows: 9. Centers for Disease Control and Transmission in Female Sex Workers: A § 884.5300 Condom. Prevention, Department of Health and Randomized Controlled Trial,’’ The Lancet, Human Services, Report to Congress: 2002: 360; 9338: 971–977. (a) Identification. A condom is a Prevention of Genital Human Papillomavirus 24. WHO/CONRAD Technical Consultation sheath which completely covers the Infection, 18, January 2004. on Nonoxynol-9: Summary Report, World penis with a closely fitting membrane.

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The condom is used for contraceptive DEPARTMENT OF THE INTERIOR SUPPLEMENTARY INFORMATION: and for prophylactic purposes Background (preventing transmission of sexually Minerals Management Service transmitted diseases). The device may Federal agencies are generally also be used to collect semen to aid in 30 CFR Parts 250, 251, and 280 authorized to recover the costs of providing services to non-federal the diagnosis of infertility. RIN 1010–AD23 entities through the provisions of the (b) Classification. (1) Class II (special Oil, Gas, and Sulphur Operations and Independent Offices Appropriation Act controls) for condoms made of materials Leasing in the Outer Continental Shelf of 1952 (IOAA), 31 U.S.C. 9701. The Act other than natural rubber latex, (OCS)—Recovery of Costs Related to requires implementation through including natural membrane (skin) or the Regulation of Oil and Gas rulemaking. There are several policy synthetic. Activities on the OCS documents that provide MMS guidance on the process of charging applicants for AGENCY: Minerals Management Service service costs. The governing language (2) Class II (special controls) for (MMS), Interior. concerning cost recovery can be found natural rubber latex condoms. The ACTION: Proposed rule. in OMB Circular No. A–25 which states guidance document entitled ‘‘Class II in part, ‘‘The provisions of this Circular Special Controls Guidance Document: SUMMARY: MMS is proposing regulations cover all federal activities that convey Labeling for Male Condoms Made of which impose new fees to process benefits to recipients beyond those Natural Rubber Latex’’ will serve as the certain plans, applications, and permits. accruing to the general public. * * * special control. See § 884.1(e) for the The proposed service fees would offset When a service (or privilege) provides availability of this guidance document. MMS’s costs of processing these plans, special benefits to an identifiable applications, and permits. 3. Section 884.5310 is revised to read recipient, beyond those that accrue to DATES: MMS will consider all comments as follows: the general public, a charge would be received by January 13, 2006. MMS will imposed (to recover the full costs to the § 884.5310 Condom with spermicidal begin reviewing comments and may not Federal Government for providing this lubricant. fully consider comments received after specific benefit, or the market price). January 13, 2006. * * * The general policy is that user (a) Identification. A condom with ADDRESSES: You may submit comments charges will be instituted through the spermicidal lubricant is a sheath which on the proposed rule by any of the promulgation of regulations.’’ The completely covers the penis with a following methods listed below. Please Department of the Interior (DOI) Manual closely fitting membrane with a use the regulatory identifier number mirrors this policy (330 DM 1.3 A.). lubricant that contains a spermicidal (RIN) 1010-AD23 as an identifier in your In this rulemaking, ‘‘cost recovery’’ agent, nonoxynol–9. This condom is message. See also Public Comment means reimbursement to MMS for its used for contraceptive and for Procedures under Procedural Matters. costs of performing a service by prophylactic purposes (preventing • Federal e-Rulemaking Portal: charging a fee to the identifiable transmission of sexually transmitted http://www.regulations.gov. Follow the applicant/beneficiary of the service. diseases). instructions on the website for Further guidance is provided by submitting comments. Solicitor’s Opinion M–36987, ‘‘BLM’s • E-mail MMS at Authority to Recover Costs of Minerals (b) Classification. (1) Class II (special [email protected]. Use the RIN Document Processing’’ (December 5, controls) for condoms made of materials in the subject line. 1996). As explained in that Solicitor’s • other than natural rubber latex, Fax: 703–787–1546. Identify with Opinion, some costs, such as the costs including natural membrane (skin) or the RIN. of programmatic environmental studies • synthetic. Mail or hand-carry comments to the and programmatic environmental Department of the Interior; Minerals assessments in support of a general Management Service; Attention: Rules agency program are not recoverable (2) Class II (special controls) for Processing Team (RPT); 381 Elden because they create an ‘‘independent natural rubber latex condoms. The Street, MS–4024; Herndon, Virginia public benefit’’ rather than a specific guidance document entitled ‘‘Class II 20170–4817. Please reference ‘‘Recovery benefit to an identifiable recipient. Id. at Special Controls Guidance Document: of Costs Related to the Regulation of Oil 9–10. Labeling for Male Condoms Made of and Gas Activities on the OCS–AD23’’ On March 25, 2005, MMS published Natural Rubber Latex’’ will serve as the in your comments. an Advance Notice of Proposed special control. See § 884.1(e) for the You may also send comments on the Rulemaking (ANPR) in the Federal availability of this guidance document. information collection aspects of this Register titled, ‘‘Recovery of Costs rule directly to the Office of Dated: June 21, 2005. Related to the Regulation of Oil and Gas Management and Budget (OMB) via: Activities on the Outer Continental Jeffrey Shuren, OMB e-mail: Shelf,’’ (70 FR 15246). (The cost _ Assistant Commissioner for Policy. (OIRA [email protected]); mail or recovery fees MMS is addressing in this [FR Doc. 05–22611 Filed 11–10–05; 8:45 am] hand carry to the Office of Information proposed rule are for different activities BILLING CODE 4160–01–S and Regulatory Affairs, OMB Attention: than those addressed in the recently Desk Officer for the Department of the promulgated final rule issued on August Interior (1010–AD23) or by fax (202) 25, 2005 (70 FR 49871)). Through the 395–6566. Please also send a copy to ANPR, MMS alerted the public that we MMS. seek to recover the costs of processing FOR FURTHER INFORMATION CONTACT: certain permits and applications Martin Heinze, Program Analyst, Office through the rulemaking process. MMS of Planning, Budget and International believes that cost recovery for the MMS- Affairs at (703) 787–1010. provided service of reviewing and

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approving applications and permits is days) provided for comment in the rentals. All of these obligations warranted because such service ANPR. The commenters asked for an (royalties, bonus payments and rentals) provides an identifiable recipient—the extension of the comment period that reflect the value of the lessor’s (i.e., the applicant—with direct benefits beyond ranged from 30–45 days. One public’s) property interest in the leased those received by the general public. commenter provided examples of recent minerals. None of these obligations was The ANPR invited comments, comment time frames on MMS ever intended to compensate the recommendations, and specific remarks rulemakings that ranged from 30–90 government for administrative costs. on a program of collecting fees for days, and suggested that future rules In a related remark, one industry reviewing certain plans and permit have a standard comment period of commenter asserted that a document applications such as: either 60 or 90 days. cited by MMS, OMB Circular No. A–25, • Exploration Plans (§ 250.203). An ANPR simply informs the public provides that new user charges should • Development and Production Plans that an agency expects to publish a not be imposed in cases where other (§ 250.204). proposed rule. Because the public is revenues from individuals already • Deep Water Operations Plans given another opportunity to comment finance the government services (Notice To Lessees No. 2000–N06). in connection with the proposed rule, provided to them. The commenter • Application for Permit to Drill MMS believes that 30 days is a appears to be citing paragraph 7.c. of (APD; form MMS–123). sufficient comment period for an ANPR. OMB Circular No. A–25, which • Application for Permit to Modify This proposed rule now being published addresses excise taxes. The paragraph (APM; form MMS–124). has a 60-day comment period. states that ‘‘[n]ew user charges should • Application to Remove a Platform Three comment letters presented not be proposed in cases where an (required by § 250.1727). more extensive views of the offshore oil excise tax currently finances the • Facility Permits (required by and gas industry. Two letters were from government services that benefit § 250.901 for the installation, individual companies, and one letter specific individuals’’ (giving the modification, or repair of a platform). was from a consortium of eight trade example of a gasoline tax to finance • Conservation Information organizations that represented highway construction). Royalties, bonus Documents (Notice to Lessees No. 2000- thousands of companies involved in the payments, and rentals are not taxes, but N05). United States (U.S.) oil and gas payments that reflect the value of the • Geological and Geophysical (G&G) industry. In general, industry resources. Reference to this paragraph of Permits: Permit for Geophysical respondents stated that the total of lease the OMB Circular is thus inappropriate. Exploration for Mineral Resources or bonuses, rentals and royalty fees paid by Several commenters asserted that Scientific Research on the Outer industry adequately compensate MMS because neither existing lease terms nor Continental Shelf (form MMS–328); and the Federal Government for any regulations in effect at the time of lease Permit for Geological Exploration for service provided in the issuance of issuance contain provisions allowing Mineral Resources or Scientific permits. Several commenters pointed to the new cost recovery fees, regulations Research on the OCS (form MMS–329). the MMS statistics for monies collected imposing such fees that are promulgated • Sand and Gravel Permits: Permit for as proof that the Federal Government after lease issuance ‘‘are not within the Geophysical Prospecting for Mineral had been adequately compensated for scope of the contract’’. They cite Mobil Resources or Scientific Research on the the process of issuing offshore leases as Exploration and Producing Southeast, Outer Continental Shelf Related to well as ‘‘for processing the necessary Inc. v. United States, 530 U.S. 604 Minerals Other than Oil, Gas, and paperwork required by regulations to (2000), as standing for the proposition Sulphur (form MMS–135); Permit for facilitate lessees bringing their leases to that offshore leases are subject only to Geological Prospecting for Mineral production.’’ regulations in existence at the time of Resources or Scientific Research on the The relevant mineral leasing law (the lease issuance and those promulgated Outer Continental Shelf Related to Outer Continental Shelf Lands Act thereafter that concern prevention of Minerals Other than Oil, Gas, and (OCSLA)), which granted the Secretary waste and conservation of resources. Sulphur (form MMS–136). The ANPR the authority to issue leases offshore on These comments fail to acknowledge also solicited specific comments on the the OCS, was not enacted as a cost that the Independent Officers following: recovery mechanism. The monies Appropriation Act (IOAA), the statute 1. Are there other actions for which collected as bonuses, rentals, and under whose authority MMS is MMS should require fees to recover royalties under those leases are not promulgating this rule, was enacted in costs from operators? intended to compensate the government 1952, and predates the OCSLA and the 2. MMS plans to calculate the fees in for administrative costs. They instead leases issued under the authority of that a manner similar to that used in the reflect the value of the public’s interest Act. The comments also misinterpret recently published Cost Recovery Rule in the resource and property. When a the Mobil decision. In Mobil, the (RIN 1010–AD16, August 25, 2005, 70 lease is issued, the working interest is Supreme Court addressed a statute FR 49871). Are there alternative ways to conveyed to the lessee(s) to whom it is enacted by Congress years after lease determine fair and equitable fees? issued. The government reserves a issuance (the Outer Banks Protection 3. MMS may have large cost royalty interest, which is a cost-free Act) whose substantive effect was to differences associated with issuing share of the production or the value of prohibit exploration of a certain class of permits and reviewing plans in the the production. Under the bidding existing leases. The Supreme Court held different Regions (Gulf of Mexico, system that is characteristic of most of the statute to be a breach of contract on Pacific, Alaska); should the fee be the leases, the lessee pays a bonus to the part of the U.S. The Supreme Court uniform nationwide or vary by Region? obtain the lease that is the result of in Mobil did not address regulations competitive bidding. During the primary promulgated under authority already Comments on the ANPR term of a lease and before the lease goes granted to the Secretary under a statute MMS received nine comment letters into production (in other words, during that predated the leases involved. from industry and the general public. the time the lessor is not receiving any Only two commenters responded to Four of the comment letters complained benefit from its retained royalty the MMS list of specific questions. that there was insufficient time (30 interest), the lessee must pay annual These commenters: (1) Did not agree

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that MMS should charge the proposed avoid creating disparity among leases in MMS works closely with industry to fees and, therefore, had no suggestions different parts of the country, due to ensure that energy production on the for additional cost recovery; (2) did not unusual conditions in some regions, for OCS will continue to contribute propose alternative methods for receiving a similar final determination significantly to the nation’s energy determining fees (they did, however, from MMS. supply. For example, MMS provides recommend that MMS continue efforts Regarding the comment that MMS incentives for industry production of to improve cost effectiveness and should improve its cost and offshore oil and gas, such as royalty provide specific details on how any fees effectiveness, MMS will continue in its relief for deep-water and deep-gas are to be determined); and (3) suggested efforts to reduce costs through development. The proposed service fees that fees be assigned to the different initiatives such as OCS Connect, a would not affect existing incentives and regions based on the actual costs in multi-year initiative to automate major would only marginally add to the cost those regions. business transactions and plan/ of operating offshore. Regarding this last suggestion, MMS application/permit reviews, resulting in found, first, that the number of plans more timely decisions. Proposed Regulation and permits processed in the Pacific and One citizen commented that fees What Type of Fees Does This Proposed Alaska OCS Regions is very small. More should also be recovered on Rule Propose? than 98 percent of the MMS plan and applications for lease term pipelines; permit applications processed are in the seismic data acquisition; surface co- MMS is proposing fixed fees for Gulf of Mexico (GOM) OCS Region. mingling of OCS production; and certain services based on cost recovery Second, MMS found that, due to the applications for departures from principles. A fixed fee would remain the smaller number of plans in the Pacific operational requirements. All but the same for each request of a similar type. and Alaska OCS Regions, and the applications for departures have been The fixed fee approach would provide controversy often involved with them, included in the proposed rule. objectivity and certainty because each the processing costs per plan or permit Departures were not included because applicant’s fees are based on the same in those regions are considerably higher departure requests are almost always predetermined fee structure. than in the Gulf of Mexico OCS Region. part of another permit application. Which MMS Services Would Be Subject MMS has determined that because of Finally, several commenters believed To a Cost Recovery Fee? the higher expense and the small that the fees proposed by the ANPR number of plans, applications and seem contrary to the administration’s The following table lists the plan/ permits MMS processed in the Pacific national energy policy. They maintained application/permit requests for which and Alaska Regions, it is reasonable to that every dollar collected by MMS for we are proposing a cost recovery fee set as the standard fee for all such the processing of applications and under this proposed rule. The table activities the average cost for the GOM permits is a dollar that would not be includes some additional requests that OCS Region. This fee structure will spent producing energy on the OCS. were not included in the ANPR.

Service: processing of the following . . . Proposed fee 30 CFR citation

Exploration Plan (EP) ...... $3,250 for each surface location ...... § 250.211(d). Development and Production Plan (DPP)/De- $3,750 for each well proposed ...... § 250.241. velopment Operations Coordination Docu- ment (DOCD). Deepwater Operations Plan ...... $3,150 ...... § 250.292. Conservation Information Document ...... $24,200 ...... § 250.296. Application for Permit to Drill (APD; form MMS– $1,850 Initial applications only, no fee for revi- § 250.410(d); § 250.411; § 250.460; § 250.513; 123). sions. § 250.515; § 250.1605; § 250.1617; § 250.1622. Application for Permit to Modify (APM; form $110 ...... § 250.460; § 250.465; § 250.513; § 250.515; MMS–124). § 250.613; § 250.615; § 250.1618; § 250.1622; § 250.1704. New Facility Production Safety System Applica- $4,750 (> 125 components). (Additional fee of § 250.802(e) tion. $12,500 will be charged if MMS deems it necessary to visit a facility offshore; and $6,500 to visit a facility in a shipyard). $1,150 (25–125 components). (Additional fee of $7,850 will be charged if MMS deems it necessary to visit a facility off- shore; and $4,500 to visit a facility in a shipyard). $570 (< 25 components). Production Safety System Application—Modi- $530 (> 125 components). $190 (25–125 § 250.802(e). fication. components). $80 (< 25 components). Platform Application— Installation—under the $19,900 ...... § 250.905(k). Platform Verification Program. Platform Application—Installation—Fixed Struc- $2,850 ...... § 250.905(k). ture Under the Platform Approval Program. Platform Application—Installation—Caisson/ $1,450 ...... § 250.905(k). Well Protector. Platform Application—Modification ...... $3,400 ...... § 250.905(k). New Pipeline Application—Lease Term ...... $3,100 ...... § 250.1000(b). Pipeline Application—Modification (Lease Term) $1,800 ...... § 250.1000(b). Pipeline Application—Modification (ROW) ...... $3,650 ...... § 250.1000(b). Pipeline Repair Notification ...... $340 ...... § 250.1008(e).

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Service: processing of the following . . . Proposed fee 30 CFR citation

Complex Surface Commingling and Measure- $3,550 (see proposed rule text) ...... § 250.1204(a). ment Application. Simple Surface Commingling and Measurement $1,200 (see proposed rule text) ...... § 250.1204(a). Application. Application to Remove a Platform ...... $4,100 ...... § 250.1727. Application to Decommission a Pipeline (Lease $1,000 ...... § 250.1751 and § 250.1752. Term). Application to Decommission a Pipeline (ROW) $1,900 ...... § 250.1751 and § 250.1752. Permit for Geological or Geophysical Explo- $1,900 ...... § 251.5 (form MMS–327). ration for Mineral Resources or Scientific Re- search on the OCS related to oil, gas and Sulphur. Permit for Geological or Geophysical $1,900 ...... § 280.12 (form MMS–134). Prospecting for Mineral Resources or Sci- entific Research on the OCS Related to Min- erals Other than Oil, Gas, and Sulphur.

How Did MMS Determine the Costs To timekeeping. Examples of MMS work 2. Each GOM Region District is Be Covered By the Proposed Fees and activities include: Process Exploration approximately the same size and has a What Are the Fee Amounts Based On? Plans, Process Well Permits, and similar workload. District permit work Perform NEPA Compliance for activity costs were assigned to different The cost methodology used in Development Plans and Permit types of permits using a weighted developing the fee schedule for the Applications. percentage distribution from the proposed rule includes the sum of direct MMS has adjusted the FY 2004 activity-based costing system. costs and indirect costs. Direct costs are baseline plan/permit costs by the FY 3. MMS indirect costs have been comprised of the salaries, benefits, 2005 New Orleans general schedule allocated to individual plans/ materials and contracts/equipment increase and locality adjustment of 3.26 applications/permits based on a flat (including information technology) and percent (salary adjustment for federal bureau-wide indirect cost rate of 21.5 direct support costs attributed to employees). We incorporated this percent applied to the program’s total processing each step of a request. adjustment into the fee schedule. plan/permit cost. The indirect rate was Steps include receiving, validating Only direct and indirect costs calculated bureau-wide for all MMS cost and entering data, technical and incurred in the direct support of purposes using FY 2004 costs and is administrative review of the plan/ processing plans/applications/permits consistent with the rate charged for application/permit for compliance with were included in the cost analysis. Costs MMS administrative reimbursable safety and other regulatory were determined as follows: agreements. requirements, assessing the nature of the 1. The FY 2004 work activity labor This full cost analysis differs slightly impact, National Environmental Policy costs recorded by each employee from the methodology used in the final Act (NEPA) analysis or Categorical supporting the plans/applications/ MMS cost recovery rulemaking Exclusion Reviews (CERs), and site permits processes were analyzed along published on August 25, 2005 (70 FR visits, if required. with organizational non-labor costs. 49871). MMS completed its second year Indirect costs include centrally paid These individual employee and non- of bureau-wide activity-based-costing at items such as telecommunications, labor cost breakdowns were reviewed by the end of FY 2004. MMS evaluated the space, utilities, security, property the managers responsible for each group reliability of its FY 2004 data and management, workman’s compensation of employees. The managers verified the determined that it was reliable (with and unemployment compensation, as accuracy of the labor costs and non- minor adjustments) for cost recovery well as bureau support functions such labor costs and made adjustments if analysis. Since this data was not fully as personnel services, finance, necessary. Non-labor costs include available when the recent final rule was procurement, and management. The travel, printing, transportation, developed, that rule used employee indirect rate applied to MMS direct contracts, equipment purchases, data surveys to identify processing costs costs is 21.5 percent. backup and operation and maintenance rather than using costs coded to work MMS is using a cost estimation (O&M) costs for MMS’ TIMS (Technical activities. MMS is confident that both methodology based on its Activity Information Management System). For methodologies produce reliable cost Based Costing (ABC) System. ABC TIMS costs, MMS determined the data, but since data is now available, provides reasonable managerial number of modules or objects in TIMS this proposed rule uses actual work accounting for costs and provides a that assist in the review and approval of activity (ABC) data coded into the MMS sound basis for establishing the costs in plans/applications/permits and financial system as the basis for its cost this rule. compared that number to the total analysis. Fiscal Year 2004 was the baseline year number of modules or objects in TIMS. MMS is not proposing to recover the used for the cost analysis of user- We then used this ratio to calculate the following costs in this proposed rule: submitted plans/applications/permits. proportion of TIMS O&M costs included 1. Operational and Safety Research— MMS used FY 2004 activity-based in the cost analysis for these fees. IT Information derived from this program costing data collected through its infrastructure (desktop & network), is directly integrated into MMS’s timekeeping and financial systems. O&M and management/administrative offshore operations and is used to make Non-labor and labor costs are coded to support costs were determined using the decisions pertaining to plans, safety and MMS work activities. Each MMS ratio of the plan/permit approval pollution inspections, enforcement employee codes his or her order time to processes costs to the program’s total actions, and training requirements. work activities as part of payroll costs. MMS cannot approve plans proposing

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the use of new technology without this How would MMS handle the payment of by approximately $16.5 million type of evaluation. MMS is examining fees for denied requests or verbal annually. these costs and is not proposing to approvals? Would there be any refunds? (2) The proposed rule would not create a serious inconsistency or recover these costs at this time. Fees proposed in this rule would be otherwise interfere with action taken or non-refundable. However, if a request is 2. Regulation Development—MMS planned by another agency because the spends more than $1 million yearly deemed not complete, an additional fee costs incurred are for specific MMS developing regulations and guidance for would not be charged for its services and other agencies are not the planning and permitting process. resubmission. Any verbal approvals that involved in these aspects of the OCS MMS is examining these costs and is MMS provides would need to be Program. not proposing to recover these costs at preceded by payment of the applicable (3) This proposed rule would not alter this time. fee. MMS is currently considering the the budgetary effects of entitlements, different payment options available, and grants, user fees or loan programs, or the 3. Work activities funded by the Oil would notify lessees of the available Pollution Act of 1990—This includes rights or obligations of their recipients. payment options via a Notice to Lessees This change would have no effect on the research conducted to prevent or or notice in a final rule. cleanup oil spills. It also includes the rights of the recipients of entitlements, work of Regional and District engineers Are Fixed Fees Appealable? grants, user fees, or loan programs. The fees proposed in this rule are service whose salaries are paid by funds No. The amount of a fixed fee would fees based on cost recovery, and not provided to MMS under this Act. These not be appealable to the Interior Board user fees. costs have already been paid by of Land Appeals because it is set by (4) This proposed rule would not raise industry through their contributions to regulation. There is no discretion to novel legal or policy issues. the Oil Spill Liability Trust Fund change it. Regulatory Flexibility Act (RFA) through a five-cent per barrel fee on Procedural Matters imported and domestic oil that was The Department certifies that this collected until December 31, 1994. Public Comment Procedures: All proposed rule would not have a submissions received must include the significant economic effect on a How Did MMS Round Fees? agency name and Regulatory Identifier substantial number of small entities Number (RIN) for this rulemaking. MMS rounded fees in the following under the RFA (5 U.S.C. 601 et seq.). MMS’s practice is to make comments, The changes proposed in the rule manner. Fees calculated to be less than including names and addresses of would affect lessees and operators of $1,000 have been rounded down or up respondents, available for public leases and pipeline right-of-way holders to the nearest $10. Fees $1,000–$10,000 review. Individual respondents may on the OCS. This includes about 130 have been rounded down or up to the request that we withhold their address active federal oil and gas lessees and nearest $50. Fees above $10,000 have from the record, which we will honor to 115 pipeline rights-of-way holders. been rounded down or up to the nearest the extent allowable by law. There may Small lessees that operate under this $100. be circumstances in which we would rule fall under the Small Business Would the Proposed Fees Be Adjusted withhold from the record a respondent’s Administration’s (SBA) North American for Inflation? identity, as allowable by the law. If you Industry Classification System (NAICS) wish us to withhold your name and/or codes 211111, Crude Petroleum and Yes. Since MMS used current salary address, you must state this Natural Gas Extraction, and 213111, and expense levels, the cost figures we prominently at the beginning of your Drilling Oil and Gas Wells. For these generated reflect current dollars. To comment. However, we will not NAICS code classifications, a small keep the service fees in line with consider anonymous comments. Except company is one with fewer than 500 inflation, we propose to adjust the fees for proprietary information, we will employees. Based on these criteria, an periodically according to the Implicit make all submissions from estimated 70 percent of these companies Price Deflator for the Gross Domestic organizations or businesses, and from are considered small. This proposed Product (GDP), starting in 2005 dollars. individuals identifying themselves as rule, therefore would affect a substantial representatives or officials of This inflation index, as published by the number of small entities. organizations or businesses, available The fees proposed in the rule would U.S. Department of Commerce, is for public inspection in their entirety. not have a significant economic effect generally accepted by economists as the on a substantial number of small entities Regulatory Planning and Review most reliable general price index and is because the fees are small compared to (Executive Order (E.O.) 12866) used by MMS for other inflation normal costs of doing business on the adjustments. MMS would amend the This proposed rule is not a significant OCS. For example, depending on water fees by publication in the Federal rule as determined by the Office of depth and well depth, cost estimates for Register. Because we are proposing to Management and Budget (OMB) and is drilling a well range from $5 million to establish the process for changing fees not subject to review under E.O. 12866. $23 million. Thus, the proposed fees, in this rule and the application of that (1) The proposed rule would not have ranging from $80 to $24,200, are process is simply a mathematical an annual effect of $100 million or more dwarfed by the millions of dollars that calculation, new rulemaking would not on the economy. It would not adversely industry already commits to be necessary when adjustments are affect in a material way the economy, exploration, development, production, made. MMS would also review our costs productivity, competition, jobs, the and transportation. for administering each type of request environment, public health or safety, or MMS conducted an additional every 2 years. If MMS decides to amend state, local, or tribal governments or analysis to study the potential impacts fees based on this analysis, we would do communities. This proposed rule would of these fees on small entities. MMS so through notice and comment establish fees based on cost recovery charted the 2004 production of all rulemaking. principles. Based on historical filings, companies operating on the OCS. Using we project the fees would raise revenue corresponding rolling annual average

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prices, MMS calculated each company’s of more than $100 million per year. The subpart L 1010–0051; subpart P, 1010– federal OCS gross revenues. Using TIMS proposed rule would not have a 0086, subpart Q, 1010–0142; 30 CFR (and other databases) 2004 company significant or unique effect on state, part 251, 1010–0048; and 30 part CFR data, plan/application/permit fees were local, or tribal governments or the 280, 1010–0072. calculated and compared with each private sector. A statement containing National Environmental Policy Act company’s calculated gross revenue. the information required by the UMRA (NEPA) of 1969 The analysis indicates that no company (2 U.S.C. 1531 et seq.) is not required. would have its offshore revenues This is because the proposal would not The MMS has determined that this affected by 0.5 percent or more. affect state, local, or tribal governments, rule is administrative and involves only MMS does not have revenue data for and the effect on the private sector is procedural changes addressing fee most of the 115 pipeline right-of-way small. requirements. Therefore, it is holders. However, MMS does not expect categorically excluded from the companies to be significantly Takings Implication Assessment (TIA) environmental review under section impacted. (Executive Order 12630) 102(2)(C) of the NEPA, pursuant to 516 Additionally, the service fees The proposed rule is not a DM 2.3A and 516 DM 2, Appendix 1, established in the rule would apply in governmental action capable of Item 1.10. a non-discriminating way to both large interference with constitutionally In addition, the proposed rule does and small firms. Also, applying for protected property rights. Thus, MMS not meet any of the 10 criteria for MMS services provides a benefit to both did not need to prepare a TIA according exceptions to categorical exclusions a large and small applicant if the to E.O. 12630, Governmental Actions listed in 516 DM 2, Appendix 2. applicant decides to operate on the and Interference with Constitutionally Pursuant to Council on Environmental OCS. Protected Property Rights. Quality regulations (40 CFR 1508.4) and Your comments are important. The the environmental policies and Federalism (Executive Order 13132) Small Business and Agriculture procedures of the Department of the Regulatory Enforcement Ombudsman With respect to E.O. 13132, this Interior, the term ‘categorical and 10 Regional Fairness Boards were proposed rule would not have exclusions’ means categories of action established to receive comments from federalism implications. This proposed which do not individually or small businesses about federal agency rule would not substantially and cumulatively have a significant effect on enforcement actions. The Ombudsman directly affect the relationship between the human environment and which will annually evaluate the enforcement the federal and state governments. To have no such effect in procedures activities and rate each agency’s the extent that state and local adopted by a federal agency and responsiveness to small business. If you governments have a role in OCS therefore require neither an wish to comment on the actions of activities, this proposed rule would not environmental assessment nor an MMS, call 1–888–734–3247. You may affect that role. environmental impact statement. comment to the Small Business Civil Justice Reform (Executive Order Effects on the Nation’s Energy Supply Administration without fear of 12988) (Executive Order 13211) retaliation. Disciplinary action for retaliation by an MMS employee may With respect to E.O. 12988, MMS E.O. 13211 requires the agency to include suspension or termination from finds that this proposed rule would not prepare a Statement of Energy Effects employment with the DOI. unduly burden the judicial system and when it takes a regulatory action that is does meet the requirements of sections identified as a significant energy action. Small Business Regulatory Enforcement 3(a) and 3(b)(2) of the E.O. MMS This proposed rule is not a significant Fairness Act (SBREFA) consulted with the Department of the energy action, and therefore would not The proposed rule is not a major rule Interior Office of the Solicitor require a Statement of Energy Effects under the SBREFA (5 U.S.C. 804(2)). throughout this drafting process. because it: This proposed rule: Paperwork Reduction Act (PRA) of (1) Is not a significant regulatory (a) Would not have an annual effect 1995 action under E.O. 12866, on the economy of $100 million or (2) Is not likely to have a significant more. The proposed rulemaking relates to 30 adverse effect on the supply, (b) Would not cause a major increase CFR part 250, subparts B, D, E, H, I, J, distribution, or use of energy, and in costs or prices for consumers, L, P, and Q; 30 CFR part 251; and 30 (3) Has not been designated by the individual industries, Federal, state, or CFR part 280. The rulemaking affects Administrator of the Office of local government agencies, or the information collections for these Information and Regulatory Affairs, geographic regions. regulations but would not change the OMB, as a significant energy action. (c) Would not have significant adverse approved burden hours; it would just effects on competition, employment, add the associated fees. Therefore, OMB Consultation and Coordination With investment, productivity, innovation, or has ruled that there is no change in the Indian Tribal Governments (E.O. the ability of U.S.-based enterprises to information collection and that MMS 13175) compete with foreign-based enterprises. does not need to make a formal In accordance with E.O. 13175, this Leasing on the U.S. OCS is limited to submission by Form OMB 83–I for this proposed rule would not have tribal residents of the U.S. or companies rulemaking. If the rule is finalized, we implications that impose substantial incorporated in the U.S. This proposed will submit Form OMB 83–C to add the direct compliance costs on Indian tribal rule would not change that requirement. fees in each collection. governments. OMB has approved the information Unfunded Mandates Reform Act collections for the affected regulations at Clarity of This Regulation (UMRA) of 1995 30 CFR part 250, subpart B, 1010–0151; E.O. 12866 requires each agency to This proposed rule would not impose subpart D, 1010–0141; subpart E, 1010– write regulations that are easy to an unfunded mandate on state, local, or 0067, subpart H, 1010–0059; subpart I, understand. MMS invites your tribal governments or the private sector 1010–0149; subpart J, 1010–0050; comments on how to make this

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proposed rule easier to understand, List of Subjects Dated: October 24, 2005. including answers to questions such as 30 CFR Part 250 Chad Calvert, the following: Acting Assistant Secretary—Land and (1) Are the requirements in the rule Administrative practice and Minerals Management. clearly stated? procedure, Continental shelf, (2) Does the rule contain technical For the reasons stated in the Environmental impact statements, preamble, the Minerals Management language or jargon that interferes with Environmental protection, Government its clarity? Service (MMS) proposes to amend 30 contracts, Investigations, Oil and gas CFR parts 250, 251, and 280 as follows: (3) Does the format of the rule exploration, Penalties, Pipelines, Public (grouping and order of sections, use of lands-mineral resources, Public lands- headings, paragraphing, etc.) aid or PART 250—OIL AND GAS AND rights-of-way, Reporting and reduce its clarity? SULPHUR OPERATIONS IN THE (4) Is the description of the rule in the recordkeeping requirements, Sulphur. OUTER CONTINENTAL SHELF ‘‘Supplementary Information’’ section of 30 CFR Part 251 this preamble helpful in understanding 1. The authority citation for part 250 the rule? What else can MMS do to Continental shelf, Freedom of is revised to read as follows: make the rule easier to understand? information, Oil and gas exploration, Authority: 43 U.S.C. 1331 et seq.; 31 U.S.C. Send a copy of any comments that Public lands—mineral resources, 9701. concern how MMS could make this rule Reporting and recordkeeping easier to understand to: Office of requirements, Research. 2. In § 250.125, revise the table in paragraph (a) and paragraph (b) to read Regulatory Affairs, Department of the 30 CFR Part 280 Interior, Room 7229, 1849 C Street, as follows: NW., Washington, DC 20240. You may Continental shelf, Public lands— § 250.125 Service Fees also e-mail the comments to this mineral resources, Reporting and address: [email protected]. recordkeeping requirements, Research. (a) * * *

SERVICE FEE TABLE

Service—processing of the following: Fee amount 30 CFR citation

Change in Designation of Operator ...... $150 ...... § 250.143. Suspension of Operators/Suspension of Pro- $1,800 ...... § 250.171. duction (SOO/SOP) Request. Exploration Plan (EP) ...... $3,250 for each surface location ...... § 250.211(d). Development and Production Plan (DPP) or $3,750 for each well proposed ...... § 250.241(e). Development Operations Coordination Docu- ment (DOCD). Deepwater Operations Plan ...... $3,150 ...... § 50.292(p). §250.296(a). Conservation Information Document ...... $24,200 ...... § 250.296(a). Application for Permit to Drill (APD; form MMS– $1,850. Initial applications only, no fee for re- § 250.410(d); § 250.411; § 250.460; 123). visions. § 250.513(b); § 250.515; § 250.1605; § 250.1617(a); § 250.1622. Application for Permit to Modify (APM; form $110 ...... § 250.460; § 250.465(b); § 250.513(b); MMS–124). § 250.515; § 250.613(b); § 250.615; § 250.1618(a); § 250.1622; § 250.1704(g). New Facility Production Safety System Applica- $4,750 (Additional fee of $12,500 will be § 250.802(e). tion for facility with more than 125 compo- charged if MMS deems it necessary to visit nents. a facility offshore; and $6,500 to visit a fa- cility in a shipyard). New Facility Production Safety System Applica- $1,150 (Additional fee of $7,850 will be § 250.802(e). tion for facility 25–125 components. charged if MMS deems it necessary to visit a facility offshore; and $4,500 to visit a fa- cility in a shipyard). New Facility Production Safety System Applica- $570 ...... § 250.802(e). tion for facility with fewer than 25 compo- nents. Production Safety System Application—Modi- $530 ...... § 250.802(e). fication with more than 125 components re- viewed. Production Safety System Application—Modi- $190 ...... § 250.802(e). fication with 25–125 components reviewed. Production Safety System Application—Modi- $80 ...... § 250.802(e). fication with fewer than 25 components re- viewed. Platform Application—Installation—under the $19,900 ...... § 250.905(k). Platform Verification Program. Platform Application—Installation—Fixed Struc- $2,850 ...... § 250.905(k). ture Under the Platform Approval Program. Platform Application—Installation—Caisson/ $1,450 ...... § 250.905(k). Well Protector. Platform Application—Modification ...... $3,400 ...... § 250.905(k). New Pipeline Application (Lease Term) ...... $3,100 ...... § 250.1000(b). Pipeline Application—Modification (Lease Term) $1,800 ...... § 250.1000(b). Pipeline Application—Modification (ROW) ...... $3,650 ...... § 250.1000(b).

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SERVICE FEE TABLE—Continued

Service—processing of the following: Fee amount 30 CFR citation

Pipeline Repair Notification ...... $340 ...... § 250.1008(e). Pipeline Right-of-Way (ROW) Grant Application $1,800 ...... § 250.1015. Pipeline Conversion of Lease Term to ROW ..... $200 ...... § 250.1015. Pipeline ROW Assignment ...... $170 ...... § 250.1018. 500 Feet From Lease/Unit Line Production Re- $3,300 ...... § 250.1101. quest. Gas Cap Production Request ...... $4,200 ...... § 250.1101. Downhole Commingling Request ...... $4,900 ...... § 250.1106. Complex Surface Commingling and Measure- $3,550 ...... § 250.1204(a). ment Application. Simple Surface Commingling and Measurement $1,200 ...... § 250.1204(a). Application. Voluntary Unitization Proposal or Unit Expan- $10,700 ...... § 250.1303. sion. Unitization Revision ...... $760 ...... § 250.1303. Application to Remove a Platform or Other Fa- $4,100 ...... § 250.1727. cility. Application to Decommission a Pipeline (Lease $1,000 ...... § 250.1751(a) or § 250.1752(a). Term). Application to Decommission a Pipeline (ROW) $1,900 ...... § 250.1751(a) or § 250.1752(a).

(b) Payment of the fees listed in § 250.296 When and how must I submit a accompanied by payment of the service paragraph (a) must accompany the CID or a revision to a CID? fee listed in § 250.125: submission of the document for (a) * * * The submission of your CID * * * * * approval. Once a fee is paid, it is must be accompanied by payment of the 9. In § 250.513, revise the last nonrefundable, even if an application or service fee listed in § 250.125. sentence in paragraph (a); and revise the other request is withdrawn. If your * * * * * introductory language of paragraph (b) application is returned to you as 7. In § 250.410, revise the and paragraphs (b)(3) and (4) and incomplete, you are not required to introductory paragraph and paragraph adding paragraph (b)(5) to read as submit a new fee with the amended (d) to read as follows: follows: application. § 250.513 Approval and reporting of well- 3. In § 250.211, add a new paragraph § 250.410 How do I obtain approval to drill a well? completion operations. (d) to read as follows: You must obtain written approval (a) * * * If the completion has not § 250.211 What must the EP include? from the District Manager before you been approved or if the completion objective or plans have significantly * * * * * begin drilling any well or before you changed, approval for such operations (d) Service fee. You must include sidetrack, bypass, or deepen a well. To obtain approval, you must: must be requested on Form MMS–124, payment of the service fee listed in Application for Permit to Modify § 250.125. * * * * * (APM). (d) Submit the following to the 4. In § 250.241, add a new paragraph (b) You must submit the following District Manager: (e) to read as follows: with Form MMS–124 (or with Form (1) An original and two complete MMS–123; Form MMS–123S): § 250.241 What must the DPP or DOCD copies of form MMS–123, Application * * * * * include? for a Permit to Drill (APD), and form (3) For multiple completions, a partial * * * * * MMS–123S, Supplemental APD electric log showing the zones proposed (e) Service fee. You must include Information Sheet; for completion, if logs have not been payment of the service fee listed in (2) A separate public information previously submitted; § 250.125. copy of forms MMS–123 and MMS– (4) When the well-completion is in a 123S that meets the requirements of zone known to contain H S or a zone 5. In § 250.292, revise paragraphs (n) 2 § 250.127; and where the presence of H2S is unknown, and (o); and add a new paragraph (p) to (3) Payment of the service fee listed in information pursuant to § 250.490 of read as follows: § 250.125. this part; and § 250.292 What must the DWOP contain? 8. In § 250.465, revise paragraph (b)(1) (5) Payment of the service fee listed in to read as follows: § 250.125. (n) A discussion of any new § 250.465 When must I submit an * * * * * technology that affects hydrocarbon 10. In § 250.613, revise the last recovery systems; Application for Permit to Modify (APM) or an End of Operations Report to MMS? sentence in paragraph (a) and revise the (o) A list of any alternate compliance introductory language of paragraph (b) * * * * * procedures or departures for which you and paragraphs (b)(2) and (3) and anticipate requesting approval; and (b) * * * adding (b)(4) to read as follows: (1) Your APM (form MMS–124) must (p) Payment of the service fee listed contain a detailed statement of the § 250.613 Approval and reporting for well- in § 250.125. proposed work that would materially workover operations. 6. In § 250.296, add the following change from the approved APD and the (a) * * * Approval for such sentence at the end of paragraph (a): submission of your APM must be operations must be requested on Form

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MMS–124, Application for Permit to (4) Payment of the service fee listed in components involved in the review and Modify. § 250.125. approval process. (b) You must submit the following * * * * * 12. In § 250.905, revise the with Form MMS–124: 11. In § 250.802, add a new paragraph introductory language and table * * * * * (e)(7) to read as follows: headings add paragraph (k) to the table (2) When changes in existing to read as follows: subsurface equipment are proposed, a § 250.802 Design, installation, and schematic drawing of the well showing operation of surface production safety § 250.905 How do I get approval for the the zone proposed for workover and the systems. installation, modification, or repair of my platform? workover equipment to be used; * * * * * (3) Where the well-workover is in a The Platform Approval Program (e) * * * zone known to contain H2S or a zone requires that you submit the where the presence of H2S is unknown, (7) The service fee listed in § 250.125 information, documents and fees listed information pursuant to § 250.490 of of this part. The fee you must pay will in the following table for your proposed this part; and be determined by the number of project.

Required submittal Required contents Other requirements j

******* (k) Payment of the service fee listed in § 250l.125.

13. In § 250.1000, revise paragraph (b) 14. In § 250.1008, revise paragraph (e) (3) Date returned to service. to read as follows: to read as follows: * * * * * § 250.1000 General Requirements. § 250.1008 Reports. 15. In § 250.1204, revise paragraph (a)(1) to read as follows: * * * * * * * * * * (b) An application must be (e) The lessee or right-of-way holder § 250.1204 Surface commingling. must notify the Regional Supervisor accompanied by payment of the service (a) * * * fee listed in § 250.125 and submitted to before the repair of any pipeline or as (1) Submit a written application to, the Regional Supervisor and approval soon as practicable. Your notification and obtain approval from, the Regional obtained before: must be accompanied by payment of the service fee listed in § 250.125. You must Supervisor before commencing the (1) Installation, modification or commingling of production or making abandonment of a lease term pipeline submit a detailed report of the repair of a pipeline or pipeline component to the changes to previously approved (2) Installation or modification of a Regional Supervisor within 30 days commingling applications. Your right-of-way (other than lease term) after the completion of the repairs. In application must be accompanied by pipeline; or the report you must include the payment of the service fee listed in (3) Modification or relinquishment of following: § 250.125. The service fees are divided a pipeline right-of way. (1) Description of repairs, into two levels for simple applications * * * * * (2) Results of pressure test, and and complex applications.

Application type Actions

(i) Simple applications consist of those that update or correct previously Lease terminations. approved measurement and commingling records such as: Well status changes. Well name changes. Platform removals. Application cancellations FMP status changes. Meter updates. Operator changes. Meter proving and well test waivers. Applications to temporarily reroute production. Production tests prior to pipeline construction.

(ii) Complex applications include applications not categorized as simple Creation of a new facility measurement points (FMPs). and entail: Association of leases or units to existing FMPs. Inclusion of production from additional structures. Meter updates which add buy-back gas meters or pigging meters. Other applications which are deviations from the approved allocation procedures.

* * * * * § 250.1617 Application for permit to drill. Document, you must file Form MMS– 16. In § 250.1617, revise paragraph (a) (a) Before drilling a well under an 123, APD, with the District Manager for to read as follows: approved Exploration Plan, approval. The submission of your APD Development and Production Plan, or must be accompanied by payment of the Development Operations Coordination service fee listed in § 250.125. Before

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starting operations, you must receive drilling equipment, proposals to District Manager unless you received written approval from the District deepen, sidetrack, complete, workover, oral approval under § 250.140. Manager unless you received oral or plug back a well, or engage in similar * * * * * approval under § 250.140. activities to the District Manager on 18. In § 250.1704, revise the * * * * * Form MMS–124, Application for Permit Decommissioning Applications and 17. In § 250.1618, revise the section to Modify (APM). The submission of Reports Table to read as follows: heading and paragraph (a) to read as your APM must be accompanied by follows: payment of the service fee listed in § 250.1704 When must I submit § 250.1618 Application for Permit to § 250.125. Before starting operations decommissioning applications and reports? Modify. associated with the change, you must * * * * * (a) You must submit requests for receive written approval from the changes in plans, changes in major

DECOMMISSIONING APPLICATIONS AND REPORTS TABLE

Decommissioning applications and reports When to submit Instructions

(a) Initial platform removal application [not re- In the Pacific OCS Region or Alaska OCS Include information required under quired in the Gulf of Mexico OCS Region]. Region, submit the application to the Re- § 250.1726. gional Supervisor at least 2 years before production is projected to cease. (b) Final removal application for a platform or Before removing a platform or other facility in Include information required under other facility. the Gulf of Mexico OCS Region, or not § 250.1727. more than 2 years after the submittal of an initial platform removal application to the Pacific OCS Region and the Alaska OCS Region. (c) Post-removal report for a platform or other Within 30 days after you remove a platform or Include information required under facility. other facility * * *. § 250.1729. (d) Pipeline decommissioning application ...... Before you decommission a pipeline * * * ...... Include information required under § 250.1751(a) § 250.1752(a), as applicable. (e) Post-pipeline decommissioning report ...... Within 30 days after your decommission a Include information required under pipeline * * *. § 250.1753. (f) Site clearance report for a platform or other Within 30 days after you complete site clear- Include information required under facility. ance verification activities. § 250.1743(b) (g) Form MMS–124, Application for Permit to (1) Before you temporarily abandon or perma- Include information required under Modify (APM). The submission of your APM nently plug a well or zone. §§ 250.1712 and 250.1721. must be accompanied by payment of the service fee listed in § 250.125. (2) Within 30 days after you plug a well ...... Include information required under § 250.1717. (3) Before you install a subsea protective de- Refer to § 250.1722(a). vice. (4) Within 30 days after your complete a pro- Include information required under tective device trawl test. 250.1722(d). (5) Before you remove any casing stub or Refer to § 250.1723. mud line suspension equipment and any subsea protective device. (6) Within 30 days after you complete site Include information required under clearance verfication activities. § 250.1743(a).

19. In § 250.1727, revise the Include the following information in the 21. In § 250.1752, revise the introductory paragraph to read as final removal application, as applicable: introductory text of paragraph (a) to follows: * * * * * read as follows: § 250.1727 What information must I 20. In § 250.1751, revise paragraph (a) § 250.1752 How do I remove a pipeline? include in my final application to remove a introductory text to read as follows: * * * * * platform or other facility? § 250.1751 How do I decommission a (a) Submit a pipeline removal You must submit to the Regional pipeline in place? application in triplicate to the Regional Supervisor, a final application for * * * * * Supervisor for approval. Your approval to remove a platform or other (a) Submit a pipeline application must be accompanied by facility. Your application must be payment of the service fee listed in accompanied by payment of the service decommissioning application in triplicate to the Regional Supervisor for § 250.125. Your application must fee listed in § 250.125. If you are include the following information: proposing to use explosives, provide approval. Your application must be * * * * * three copies of the application. If you accompanied by payment of the service are not proposing to use explosives, fee listed in § 250.125. Your application provide two copies of the application. must include the following information: * * * * *

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PART 251—GEOLOGICAL AND DEPARTMENT OF HOMELAND comment. You may submit your GEOPHYSICAL (G&G) EXPLORATIONS SECURITY comments and material by mail (see OF THE OUTER CONTINENTAL SHELF ADDRESSES). If you submit them by mail Coast Guard or delivery, submit them in an unbound 22. The authority citation for part 251 format, no larger than 81⁄2 by 11 inches, is revised to read as follows: 33 CFR Part 165 suitable for copying and electronic Authority: 43 U.S.C. 1331 et seq.; 31 U.S.C. [CGD09–05–131] filing. If you submit them by mail and would like to know that they reached 9701. RIN 1625–AA11 the facility, please enclose a stamped, 23. In § 251.5, revise paragraph (a) to self-addressed postcard or envelope. We read as follows: Regulated Navigation Area, Chicago Sanitary and Ship Canal, Romeoville, will consider all comments and material § 251.5 Applying for permits or filing IL received during the comment period, Notices. which may result in a modification to AGENCY: Coast Guard, DHS. the rule. (a) Permits. You must submit a signed ACTION: Notice of proposed rulemaking. original and three copies of the MMS Public Meeting permit application form (Form MMS– SUMMARY: The Coast Guard is proposing 327). The form includes names of to establish a permanent regulated We do not now plan to hold a public meeting. But you may submit a request persons, type, location, purpose, and navigation area on the Chicago Sanitary for a public meeting (see ADDRESSES) dates of activity, and environmental and and Ship Canal on the Illinois Waterway explaining why one would be other information. A nonrefundable near Romeoville, IL. This permanent beneficial. If we determine that one service fee of $ 1,900 must accompany regulated navigation area will place navigational and operational restrictions would aid this rulemaking, we will hold your application. The time period for on all vessels transiting through the one at a time and place announced by extensions is defined on the permit form demonstration electrical dispersal a later notice in the Federal Register. (Form MMS–328 (Geophysical barrier located on the Chicago Sanitary Background and Purpose Prospecting) or MMS–329 (Geological and Ship Canal. This regulated Prospecting)). navigation area is necessary to protect On January 7, 2005, the U.S. Army * * * * * vessels and their crews from harm as a Corps of Engineers, in close result of electrical discharges emitting PART 280—PROSPECTING FOR coordination with the U. S. Coast Guard, from the electrical dispersal barrier as conducted preliminary safety tests on MINERALS OTHER THAN OIL, GAS, vessels transit over it. the electrical dispersal barrier located at AND SULPHUR ON THE OUTER DATES: Comments and related materials Mile Marker 296.5 of the Chicago CONTINENTAL SHELF must reach the Coast Guard on or before Sanitary and Ship Canal near December 14, 2005. 24. The authority citation for part 280 Romeoville, IL. This barrier was ADDRESSES: You may mail comments is revised to read as follows: constructed to prevent Asian Carp from and related material to Commander entering Lake Michigan through the Authority: 43 U.S.C. 1331 et seq.; 42 U.S.C. (dpw–1) Ninth Coast Guard District, Illinois River system by generating a 4332 et seq.; 31 U.S.C. 9701. 1240 E.9th Street, Room 2069, low-voltage electric field across the Cleveland, OH 44199. The Ninth Coast 25. In § 280.12, revise paragraph (a) to canal. The Coast Guard and Army Corps Guard District Planning and of Engineers conducted field tests to read as follows: Development Section (dpw–1) ensure the continued safe navigation of § 280.12 What must I include in my maintains the public docket for this commercial and recreational traffic application or notification? rulemaking. Comments and material across the barrier; however, results received from the public, as well as indicated a significant arcing risk and (a) Permits. You must submit to the documents indicated in this preamble as hazardous electrical discharges as RD a signed original and three copies of being available in the docket, will vessels transited the barrier posing a the permit application form (form become part of this docket and will be significant risk to navigation through MMS–134) at least 30 days before the available for inspection or copying the barrier. To mitigate these risks, the startup date for activities in the permit between 8 a.m. and 4 p.m., Monday proposed rule would place navigational through Friday, except Federal holidays. area. If unusual circumstances prevent and operational restrictions on all you from meeting this deadline, you FOR FURTHER INFORMATION CONTACT: If vessels transiting through the vicinity. must immediately contact the RD to you have further questions on this rule, arrange an acceptable deadline. The contact CDR K. Phillips, Planning and On January 26, 2005 a regulated form includes names of persons, type, Development Section, Ninth Coast navigational area (RNA) was published location, purpose, and dates of activity, Guard District, Cleveland, OH at (216) in the Federal Register (70 FR 3625) as as well as environmental and other 902–6045. a temporary final rule. The temporary final rule was extended on August 10, information. A nonrefundable service SUPPLEMENTARY INFORMATION: 2005 (70 FR 46407). Testing has fee of $ 1,900 must accompany your Request for Comments continued since the regulation was first application. The time period for proposed in January 2005, but has not extensions is defined on the permit form We encourage you to submit yet been completed. Preliminary results (Form MMS–135 (Geophysical comments and related materials. If you indicate that further tests and analysis Exploration) or MMS–136 (Geological submit a comment, please include your are warranted and that this process may Exploration)). name and address, identify the docket number for this rulemaking [CGD09–05– continue for an undetermined period of * * * * * 131], indicate the specific section of this time. Therefore, the Coast Guard is [FR Doc. 05–22504 Filed 11–10–05; 8:45 am] document to which each comment proposing to establish a permanent BILLING CODE 4310–MR–P applies, and give the reason for each RNA.

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Discussion of Rule We expect the economic impact of Collection of Information Until the potential electrical hazards this rule to be so minimal that a full This rule calls for no new collection can be rectified, the Coast Guard will Regulatory Evaluation under the of information under the Paperwork require vessels transiting the regulated regulatory policies and procedures of Reduction Act of 1995 (44 U.S.C. 3501– navigation area to adhere to specified DHS is unnecessary. This determination 3520). operational and navigational is based on the fact that traffic will still requirements. The regulated navigation be able to transit through the RNA. Federalism area encompasses all waters of the Small Entities A rule has implications for federalism Chicago Sanitary and Ship Canal from under Executive Order 13132, the north side of the Romeo Highway Under the Regulatory Flexibility Act Federalism, if it has a substantial direct Bridge at Mile Marker 296.1 to the aerial (5 U.S.C. 601–612), we have considered effect on State or local governments and pipeline arch located at Mile Marker whether this proposed rule would have would either preempt State law or 296.7. The requirements placed on a significant economic impact on a impose a substantial direct cost of vessels include: All vessels are substantial number of small entities. compliance on them. We have analyzed prohibited from loitering in the The term ‘‘small entities’’ comprises this rule under that Order and have regulated navigation area, vessels may small businesses, not-for-profit determined that it does not have enter the regulated navigation area for organizations that are independently implications for federalism. the sole purpose of transiting to the owned and operated and are not Unfunded Mandates Reform Act other side, and must maintain headway dominant in their fields, and throughout the transit, all personnel on governmental jurisdictions with The Unfunded Mandates Reform Act open decks must wear a Coast Guard populations of less than 50,000. of 1995 (2 U.S.C. 1531–1538) requires approved Type I personal flotation Federal agencies to assess the effects of device while in the regulated navigation We suspect that there may be small their discretionary regulatory actions. In area, vessels may not moor or lay up on entities affected by this rule but are particular, the Act addresses actions the right or left descending banks in the unable to provide more definitive that may result in the expenditure by a regulated navigation area, towboats may information as to the number of small State, local, or tribal government, in the not make or break tows in the regulated entities that may be affected. The risk, aggregate, or by the private sector of navigation area, vessels may not pass outlined above, is severe and requires $100,000,000 or more in any one year. (meet or overtake) in the regulated that immediate action be taken. The Though this rule will not result in such navigation area and must make a Coast Guard will evaluate whether a an expenditure, we do discuss the SECURITE call when approaching the substantial number of small entities are effects of this rule elsewhere in this barrier to announce intentions and work affected as more information becomes preamble. out passing arrangements on either side, available. Taking of Private Property and commercial tows transiting the If you think that your business, regulated navigation area must be made organization, or governmental This rule will not effect a taking of up with wire rope to ensure electrical jurisdiction qualifies as a small entity private property or otherwise have connectivity between all segments of the and that this rule will have a significant taking implications under Executive tow. economic impact on it, please submit a Order 12630, Governmental Actions and These restrictions are necessary for comment to the Docket Management Interference with Constitutionally safe navigation of the regulated Facility at the address under ADDRESSES. Protected Property Rights. navigation area and to ensure the safety In your comment, explain why you Civil Justice Reform of vessels and their personnel as well as think it qualifies and how and to what the public’s safety due to the electrical degree this rule would economically This rule meets applicable standards discharges noted during recent safety affect it. in sections 3(a) and 3(b)(2) of Executive tests conducted by the Army Corps of Order 12988, Civil Justice Reform, to Engineers. Deviation from this rule is Assistance for Small Entities minimize litigation, eliminate prohibited unless specifically ambiguity, and reduce burden. authorized by the Commander, Ninth Under section 213(a) of the Small Protection of Children Coast Guard District or his designated Business Regulatory Enforcement representative. The Commander, Ninth Fairness Act of 1996 (Pub. L. 104–121), We have analyzed this rule under Coast Guard District will designate we offered to assist small entities in Executive Order 13045, Protection of Captain of the Port, Lake Michigan as understanding the rule so that they can Children from Environmental Health his designated representative for the better evaluate its effects on them and Risks and Safety Risks. This rule is not purposes of this rule. participate in the rulemaking process. an economically significant rule and Small businesses may send comments does not create an environmental risk to Regulatory Evaluation on actions of Federal employees who health or risk to safety that may This rule is not a ‘‘significant enforce, or otherwise determine disproportionately affect children. regulatory action’’ under section 3(f) of compliance with, Federal regulations to Indian Tribal Governments Executive Order 12866, Regulatory the Small Business and Agriculture Planning and Review, and does not Regulatory Enforcement Ombudsman This rule does not have tribal require an assessment of potential costs and the Regional Small Business implications under Executive Order and benefits under section 6(a)(3) of that Regulatory Fairness Boards. The 13175, Consultation and Coordination Order. It has not been reviewed by the Ombudsman evaluates these actions with Indian Tribal Governments, Office of Management and Budget under annually and rates each agency’s because it does not have a substantial that Order. It is not ‘‘significant’’ under responsiveness to small business. If you direct effect on one or more Indian the regulatory policies and procedures wish to comment on actions by tribes, on the relationship between the of the Department of Homeland Security employees of the Coast Guard, call 1– Federal Government and Indian tribes, (DHS). 888–REG–FAIR (1–888–734–3247). or on the distribution of power and

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responsibilities between the Federal will be considered before we make the any additional instructions of the Ninth Government and Indian tribes. final decision on whether the rule Coast Guard District Commander, or his should be categorically excluded from designated representative. The Captain Energy Effects further environmental review. of the Port, Lake Michigan is a We have analyzed this rule under designated representative of the District List of Subjects in 33 CFR Part 165 Executive Order 13211, Actions Commander for the purposes of this Concerning Regulations That Harbors, Marine safety, Navigation rule. Significantly Affect Energy Supply, (water), Reporting and recordkeeping Dated: October 31, 2005. Distribution, or Use. We have requirements, Security measures, determined that it is not a ‘‘significant Waterways. T.W. Sparks, energy action’’ under that order because For the reasons discussed in the Captain, U.S. Coast Guard, Commander, Ninth Coast Guard District, Acting. it is not a ‘‘significant regulatory action’’ preamble, the Coast Guard proposes to under Executive Order 12866 and is not amend 33 CFR part 165 as follows: [FR Doc. 05–22497 Filed 11–10–05; 8:45 am] likely to have a significant adverse effect BILLING CODE 4910–15–P on the supply, distribution, or use of PART 165—REGULATED NAVIGATION energy. The Administrator of the Office AREAS AND LIMITED ACCESS AREAS of Information and Regulatory Affairs ENVIRONMENTAL PROTECTION 1. The authority citation for part 165 has not designated it as a significant AGENCY continues to read as follows: energy action. Therefore, it does not require a Statement of Energy Effects Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 40 CFR Parts 52 and 81 Chapter 701; 50 U.S.C. 191, 195; 33 CFR under Executive Order 13211. [R05–OAR–2005–IN–0009; FRL–7996–1] 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. Technical Standards 107–295, 116 Stat. 2064; Department of Approval and Promulgation of Homeland Security Delegation No. 0170.1. The National Technology Transfer Implementation Plans and Designation and Advancement Act (NTTAA) (15 2. Add § 165.923 to read as follows: of Areas for Air Quality Planning U.S.C. 272 note) directs agencies to use § 165.923 Regulated Navigation Area Purposes; Indiana; Redesignation of voluntary consensus standards in their between mile markers 296.1 and 296.7 of Greene County and Jackson County 8- regulatory activities unless the agency the Chicago Sanitary and Ship Canal Hour Ozone Nonattainment Areas to provides Congress, through the Office of located near Romeoville, IL. Attainment for Ozone Management and Budget, with an (a) Location. The following is a explanation of why using these AGENCY: Environmental Protection Regulated Navigation Area: All waters Agency (EPA). standards would be inconsistent with of the Chicago Sanitary and Ship Canal, applicable law or otherwise impractical. Romeoville, IL between the north side of ACTION: Proposed rule. Voluntary consensus standards are Romeo Road Bridge Mile Marker 296.1, technical standards (e.g., specifications SUMMARY: EPA is proposing to make and the south side of the Aerial Pipeline determinations that the Greene County of materials, performance, design, or Mile Marker 296.7. operation; test methods; sampling and Jackson County ozone (b) Regulations. (1) The general nonattainment areas have attained the 8- procedures; and related management regulations contained in 33 CFR 165.13 systems practices) that are developed or hour ozone National Ambient Air apply. Quality Standard (NAAQS). These adopted by voluntary consensus (2) All vessels are prohibited from proposed determinations are based on standards bodies. loitering in the regulated navigation three years of complete, quality-assured This rule does not use technical area. standards. Therefore, we did not (3) Vessels may enter the regulated ambient air quality monitoring data for consider the use of voluntary consensus navigation area for the sole purpose of the 2002–2004 seasons that demonstrate standards. transiting to the other side, and must that the 8-hour ozone NAAQS has been attained in the areas. Environment maintain headway throughout the transit. EPA is proposing to approve requests We have analyzed this rule under (4) All personnel on open decks must from the State of Indiana to redesignate Commandant Instruction M16475.lD, wear a Coast Guard approved Type I the Greene County and Jackson County which guides the Coast Guard in personal flotation device while in the areas to attainment of the 8-hour ozone complying with the National regulated navigation area. NAAQS. These requests were submitted Environmental Policy Act of 1969 (5) Vessels may not moor or lay up on by the Indiana Department of (NEPA) (42 U.S.C. 4321–4370f), and the right or left descending banks of the Environmental Management (IDEM) on have made a preliminary determination regulated navigation area. July 15, 2005 and supplemented on that there are no factors in this case that (6) Towboats may not make or break September 6, 2005, September 7, 2005, would limit the use of a categorical tows in the regulated navigation area. October 6, 2005, and October 20, 2005. exclusion under section 2.B.2 of the (7) Vessels may not pass (meet or In proposing to approve these requests, Instruction. Therefore we believe this overtake) in the regulated navigation EPA is also proposing to approve the rule should be categorically excluded, area and must make a SECURITE call State’s plans for maintaining the 8-hour under figure 2–1, paragraph 34(g) from when approaching the barrier to ozone NAAQS through 2015 in these further environmental documentation. announce intentions and work out areas as a revision to the Indiana State This temporary rule establishes a passing arrangements on either side. Implementation Plan (SIP). EPA is also regulated navigation area and as such is (8) Commercial tows transiting the proposing to find adequate and approve covered by this paragraph. regulated navigation area must be made the State’s 2015 Motor Vehicle Emission A final ‘‘Environmental Analysis up with wire rope to ensure electrical Budgets (MVEBs) for these areas. Check List’’ and a final ‘‘Categorical connectivity between all segments of the In the final rules section of this Exclusion Determination’’ are available tow. Federal Register, EPA is approving the in the docket where indicated under (c) Compliance. All persons and SIP revisions as a direct final rule ADDRESSES. Comments on this section vessels shall comply with this rule and without prior proposal, because EPA

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views these actions as noncontroversial personal information provided and may SUPPLEMENTARY INFORMATION: and anticipates no adverse comments. A be made available online at http:// Throughout this document whenever detailed rationale for the approvals is docket.epa.gov/rmepub/, unless the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean set forth in the direct final rule. If we comment includes information claimed EPA. do not receive any adverse comments in to be Confidential Business Information I. What Action Is EPA Taking? response to these direct final and (CBI) or other information whose proposed rules, we do not contemplate disclosure is restricted by statute. Do EPA is proposing to take several taking any further action in relation to not submit information that you related actions. EPA is proposing to these proposed rule. If EPA receives consider to be CBI or otherwise make determinations that the Greene adverse comments with respect to an protected through RME, regulations.gov, County and Jackson County, Indiana area addressed by these rules, we will or e-mail. The EPA RME Web site and nonattainment areas have attained the 8- publish a timely withdrawal of the the federal regulations.gov Web site are hour ozone standard and that Greene action affecting that area, informing the ‘‘anonymous access’’ systems, which and Jackson Counties have met the public that the rule will not take effect means EPA will not know your identity requirements for redesignation under with respect to that area. EPA will or contact information unless you section 107(d)(3)(E). EPA is thus respond to the public comments in a provide it in the body of your comment. proposing to approve requests to change subsequent final rule based on this If you send an e-mail comment directly the legal designations of the Greene proposed rule. EPA will not institute a to EPA without going through RME or County and Jackson County areas from second comment period on this action. regulations.gov, your e-mail address nonattainment to attainment for the 8- Any parties interested in commenting will be automatically captured and hour ozone NAAQS. EPA is also on this action should do so at this time. included as part of the comment that is proposing to approve Indiana’s DATES: Written comments must be placed in the public docket and made maintenance plan SIP revisions for received on or before December 14, available on the Internet. If you submit Greene and Jackson Counties (such 2005. an electronic comment, EPA approval being one of the Clean Air Act recommends that you include your ADDRESSES: Submit comments, criteria for redesignation to attainment name and other contact information in identified by Regional Material in status). The maintenance plans are the body of your comment and with any EDocket (RME) ID No. R05–OAR–2005– designed to keep Greene and Jackson disk or CD–ROM you submit. If EPA IN–0009, by one of the following Counties in attainment of the ozone cannot read your comment due to methods: NAAQS for the next 10 years. technical difficulties and cannot contact 1. Federal eRulemaking Portal: Additionally, EPA is announcing its you for clarification, EPA may not be http://www.regulations.gov. Follow the action on the Adequacy Process for the able to consider your comment. on-line instructions for submitting newly-established 2015 MVEBs. The Electronic files should avoid the use of comments. Adequacy comment periods for the 2015 2. Agency Web site: http:// special characters, any form of MVEBs began on August 2, 2005, with docket.epa.gov/rmepub/. RME, EPA’s encryption, and be free of any defects or EPA’s posting of the availability of these electronic public docket and comments viruses. submittals on EPA’s Adequacy Web site system, is EPA’s preferred method for Docket: All documents in the (at http://www.epa.gov/otaq/transp/ receiving comments. Once in the electronic docket are listed in the RME conform/adequacy.htm). The Adequacy system, select ‘‘quick search,’’ then key index at http://docket.epa.gov/rmepub/. comment periods for these MVEBs in the appropriate RME Docket Although listed in the index, some ended on September, 1 2005. No identification number. Follow the on- information is not publicly available, requests for these submittals or adverse line instructions for submitting i.e., CBI or other information whose comments on these submittals were comments. disclosure is restricted by statute. received during the Adequacy comment 3. E-mail: [email protected]. Certain other material, such as periods. Please see the Adequacy 4. Fax: (312) 886–5824. copyrighted material, is not placed on Section of this rulemaking for further 5. Mail: You may send written the Internet and will be publicly explanation on this process. Therefore, comments to: John M. Mooney, Chief, available only in hard copy form. we are finding adequate and approving Criteria Pollutant Section, (AR–18J), Publicly available docket materials are the State’s 2015 MVEBs for U.S. Environmental Protection Agency, available either electronically in RME or transportation conformity purposes. Region 5, 77 West Jackson Boulevard, in hard copy at the Environmental II. Where Can I Find More Information Chicago, Illinois 60604. Protection Agency, Region 5, Air and About This Proposal and the 6. Hand delivery: Deliver your Radiation Division, 77 West Jackson Corresponding Direct Final Rule? comments to: John M. Mooney, Chief, Boulevard, Chicago, Illinois 60604. We recommend that you telephone Criteria Pollutant Section, (AR–18J), For additional information, see the Kathleen D’Agostino, Environmental U.S. Environmental Protection Agency, Direct Final Rule which is located in the Engineer, at (312) 886–1767 before Region 5, 77 West Jackson Boulevard, Rules section of this Federal Register. visiting the Region 5 office. This Facility 18th floor, Chicago, Illinois 60604. Such Copies of the request and the EPA’s is open from 8:30 a.m. to 4:30 p.m., deliveries are only accepted during the analysis are available electronically at Monday through Friday, excluding Regional Office’s normal hours of RME or in hard copy at the above Federal holidays. operation. The Regional Office’s official address. (Please telephone Kathleen hours of business are Monday through FOR FURTHER INFORMATION CONTACT: D’Agostino at (312) 886–1767 before Friday, 8:30 a.m. to 4:30 p.m. excluding Kathleen D’Agostino, Environmental visiting the Region 5 Office.) Federal holidays. Engineer, Criteria Pollutant Section, Air Instructions: Direct your comments to Programs Branch (AR–18J), U.S. Dated: November 1, 2005. RME ID No. R05–OAR–2005-IN–0009. Environmental Protection Agency, Bharat Mathur, EPA’s policy is that all comments Region 5, 77 West Jackson Boulevard, Acting Regional Administrator, Region 5. received will be included in the public Chicago, Illinois 60604, (312) 886–1767, [FR Doc. 05–22465 Filed 11–10–05; 8:45 am] docket without change, including any [email protected]. BILLING CODE 6560–50–P

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DEPARTMENT OF COMMERCE hearings regarding Amendment 13C will Circle, Suite 306, Charleston, SC 29407– be held. Amendment 13C is intended to 4699; telephone: 843–571–4366 or toll National Oceanic and Atmospheric eliminate or phase out overfishing of free at 866/SAFMC–10. Administration snowy grouper, golden tilefish, FOR FURTHER INFORMATION CONTACT: vermilion snapper, and black sea bass; Kim 50 CFR Part 622 and increase red porgy harvest Iverson, South Atlantic Fishery consistent with an updated stock Management Council, One Southpark [I.D. 110705B] assessment. Circle, Suite 306, Charleston, SC 29407– 4699; telephone: 843–571–4366; fax: South Atlantic Fishery Management DATES: The additional public hearing 843–769–4520; email address: Council; Public Hearings will be held November 28, 2005, [email protected]. beginning at 6 p.m. AGENCY: National Marine Fisheries Written comments must be received SUPPLEMENTARY INFORMATION: Service (NMFS), National Oceanic and in the Council office by close of Atmospheric Administration, business on November 28, 2005. Special Accommodations Commerce. ADDRESSES: The hearing will be held at These meetings are physically ACTION: Proposed rule; additional public the Key West Hilton Resort and Marina, accessible to people with disabilities. hearing. 245 Front Street, Key West, FL 33040; Requests for sign language Phone; 305/294–4000. interpretation or other auxiliary aids SUMMARY: The South Atlantic Fishery Written comments should be sent to should be directed to the Council office Management Council (Council) will Bob Mahood, Executive Director, South (see ADDRESSES) three days prior to hold an additional public hearing in Atlantic Fishery Management Council, the meeting. Key West, Florida for Amendment 13C One Southpark Circle, Suite 306, to the Snapper Grouper Fishery Charleston, SC 29407–4699, or via email Dated: November 7, 2005. Management Plan. The additional to [email protected]. Alan D. Risenhoover, hearing is being added to accommodate Copies of the public hearing Acting Director, Office of Sustainable those recently impacted by Hurricane document are available from Kim Fisheries, National Marine Fisheries Service. Wilma. Earlier public hearings have Iverson, South Atlantic Fishery [FR Doc. 05–22551 Filed 11–10–05; 8:45 am] been noticed. A total of 11 public Management Council, One Southpark BILLING CODE 3510–22–S

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Notices Federal Register Vol. 70, No. 218

Monday, November 14, 2005

This section of the FEDERAL REGISTER comment period on the Working Information and Regulatory Affairs, contains documents other than rules or Principles to guide any revisions to its Office of Management and Budget proposed rules that are applicable to the ‘‘Policy Statement Regarding Treatment (OMB), public. Notices of hearings and investigations, of Human Remains and Grave Goods’’ [email protected] or committee meetings, agency decisions and (1988 Human Remains Policy). fax (202) 395–5806 and to Departmental rulings, delegations of authority, filing of Information on the 1988 Human petitions and applications and agency Clearance Office, USDA, OCIO, Mail statements of organization and functions are Remains Policy and the Working Stop 7602, Washington, DC 20250– examples of documents appearing in this Principles was published in the Federal 7602. Comments regarding these section. Register on September 1, 2005 (70 FR information collections are best assured 52066–52068). That notice is available of having their full effect if received on the ACHP Web site at http:// within 30 days of this notification. ADVISORY COUNCIL ON HISTORIC www.achp.gov/ Copies of the submission(s) may be PRESERVATION archeologytaskforce.html. obtained by calling (202) 720–8958. The ACHP’s Archeology Task Force An agency may not conduct or Extension of Comment Period on will use the comment it receives on the sponsor a collection of information Working Principles for Revising the Working Principles to draft any unless the collection of information Advisory Council on Historic proposed revisions to the 1988 Human displays a currently valid OMB control Preservation’s ‘‘Policy Statement Remains Policy. Such proposed number and the agency informs Regarding Treatment of Human revisions will then be subject to further potential persons who are to respond to Remains and Grave Goods’’ public review and comment. Following the collection of information that such this public review process, the Task persons are not required to respond to AGENCY: Advisory Council on Historic Force may decide to present a revised the collection of information unless it Preservation. policy statement to the full ACHP displays a currently valid OMB control ACTION: Extension of comment period. membership for adoption. number. SUMMARY: The Advisory Council on Dated: November 8, 2005. Food and Nutrition Service Historic Preservation (ACHP) has John M. Fowler, Title: The Integrity Program (TIP) Data extended until December 2, 2005 the Executive Director. Collection. public comment period on the Working [FR Doc. 05–22556 Filed 11–10–05; 8:45 am] OMB Control Number: 0584–0401. Principles for revising the ACHP’s BILLING CODE 4310–K6–M Summary of Collection: The basis for ‘‘Policy Statement Regarding Treatment this data collection and reporting of Human Remains and Grave Goods.’’ system is Part 246.5 of the Women, Those Working Principles were DEPARTMENT OF AGRICULTURE Infant, and Children (WIC) Program published in the Federal Register on regulations, which requires State September 1, 2005. The extended Submission for OMB Review; agencies to report annually on their comment period will afford greater Comment Request vendor monitoring efforts. The data opportunity to all interested parties to collected from the States serves as a review and submit comments on the November 7, 2005. management tool to provide Congress, principles. The Department of Agriculture has Office of the Inspector General, senior submitted the following information DATES: Comments must be received on program managers, as well as the or before December 2, 2005. collection requirement(s) to OMB for general public, assurances that program review and clearance under the ADDRESSES: Address all comments funds are being spent appropriately and Paperwork Reduction Act of 1995, concerning these working principles to that every reasonable effort is being Public Law 104–13. Comments the Archeology Task Force, Advisory made to prevent, detect and eliminate regarding (a) Whether the collection of Council on Historic Preservation, 1100 fraud, waste and abuse. information is necessary for the proper Pennsylvania Avenue, NW., Suite 809, Need and Use of the Information: The performance of the functions of the Food and Nutrition Service will collect Washington, DC 20004. Fax (202) 606– agency, including whether the information using form FNS 698, Profile 8672. Comments may also be submitted information will have practical utility; of Integrity Practices and Procedures; by electronic mail to: (b) the accuracy of the agency’s estimate FNS 699, the Integrity Profile Report [email protected]. Please note that of burden including the validity of the Form; and FNS 700, TIP Data Entry all responses become part of the public methodology and assumptions used; (c) Form. The collected information from record once they are submitted to the ways to enhance the quality, utility and the forms will be analyzed and a report ACHP. clarity of the information to be is prepared by FNS annually that (1) FOR FURTHER INFORMATION CONTACT: Dr. collected; (d) ways to minimize the Assesses State agency progress in Tom McColluch, Advisory Council on burden of the collection of information eliminating abusive vendors, (2) Historic Preservation, 1100 on those who are to respond, including assesses the level of activity that is Pennsylvania Avenue, NW., Suite 809, through the use of appropriate being directed to ensuring program Washington, DC 20004 (202) 606–8505. automated, electronic, mechanical, or integrity, and (3) analyzes trends over a SUPPLEMENTARY INFORMATION: The other technological collection 5-year period. The information is used Advisory Council on Historic techniques or other forms of information at the national level in formulating Preservation (ACHP) has extended until technology should be addressed to: Desk program policy and regulations. At the Friday, December 2, 2005, the public Officer for Agriculture, Office of FNS regional office level, the data is

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reviewed to identify possible vendor immediate financial stress. Under this COMMISSION ON CIVIL RIGHTS management deficiencies so that program, FSA Farm Loan Program (FLP) technical assistance can be provided to borrowers can receive immediate Sunshine Act Notice States, as needed. At the State level, the financial relief by moving one annual information is used to provide installment for each loan to the end of AGENCY: U.S. Commission on Civil assurances to the Governor’s office, and the loan term. FSA will collect Rights. other interested parties, that WIC issues information on the borrower’s asset DATE AND TIME: Friday, November 18, are being addressed. values, expenses and income. 2005, 9:30 a.m., Commission Meeting. Description of Respondents: State, While no changes to the program are PLACE: U.S. Commission on Civil Rights, local or tribal government. proposed, FSA is reducing the projected 624 9th Street, NW., Room 540, Number of Respondents: 89. annual hours of burden form 4,638 to Washington, DC 20425. Frequency of Responses: Reporting: 2,000 based on the average number of STATUS: Annually. responses during the fiscal years 2003– Total Burden Hours: 4,144. 2005. Agenda: Estimate of Annual Burden: Public Ruth Brown, reporting burden for this collection of I. Approval of Agenda Departmental Information Collection information is estimated to average 2.5 Clearance Officer. II. Approval of Minutes of October 31, hours per response. 2005 Meeting [FR Doc. 05–22555 Filed 11–10–05; 8:45 am] Respondents: Individuals or III. Announcements BILLING CODE 3410–30–P households, businesses or other for IV. Commission Briefing: Campus Anti- profit and farms. Semitism Estimated Number of Respondents: • DEPARTMENT OF AGRICULTURE Introductory Remarks by Chairman 800. • Speakers’ Presentations Estimated Number of Responses per Farm Service Agency • Questions by Commissioners and Respondent: 1. Staff Director Request for Extension and Revision of Estimated Total Annual Burden on Respondents: 2,000. V. Staff Director’s Report a Currently Approved Information VI. Management and Operations Collection; Disaster Set-Aside Program Comments are invited on the following: (a) Whether the collection of • Posting September 30, 2005, Report AGENCY: Farm Service Agency, USDA. information is necessary for the proper to Senate Appropriations on Website • ACTION: Notice and Request for performance of the functions of the Election Assistance Commission Comments. agency, including whether the Appointments information will have practical utility; VII. State Advisory Committees SUMMARY: In accordance with the (b) the accuracy of the agency’s estimate • Criteria to be Considered When Paperwork Reduction Act of 1995, this of burden, including the validity of the Voting on SAC Reports notice announces the intent of the Farm methodology and assumptions used; (c) • Length of SAC Terms Service Agency (FSA) to request ways to enhance the quality, utility and • Vote on SAC Reports: Arizona and approval for an extension and revision clarity of the information to be New Mexico of the information collection package collected; (d) ways to minimize the VIII. Briefing Reports currently used in support of the FSA burden of the collection of information • Farm Loan Programs (FLP). on those who are to respond, including Stagnation of Black Middle Class through the use of appropriate Briefing Report DATES: Comments on this notice must be • Voting Rights Act Briefing Report received on or before January 13, 2006 automated, electronic, mechanical, or to be assured consideration. other technological collection IX. Future Briefings techniques or other forms of information • Disparity Studies FOR FURTHER INFORMATION CONTACT: • Michael Cumpton, USDA, Farm Service technology. These comments should be Native Hawaiian Government Agency, Loan Servicing and Property sent to the Desk Officer for Agriculture, Reorganization Act • Patriot Act Management Division, 1400 Office of Information and Regulatory • Affirmative Action in U.S. Law Independence Avenue, SW., STOP Affairs, Office of Management and Schools 0523, Washington, DC 20250–0523; Budget, Washington, DC 20503 and to Telephone (202) 690–4014; Electronic Michael Cumpton, Senior Loan Officer, Future Agenda Items mail: [email protected]. USDA, Farm Service Agency, Loan FOR FURTHER INFORMATION CONTACT: Servicing and Property Management SUPPLEMENTARY INFORMATION: Title: Terri Dickerson, Press and Division, 1400 Independence Avenue, Communications (202) 376–8582. Disaster Set-Aside Program. SW., STOP 0523, Washington, DC OMB Control Number: 0560–0164. 20250–0523. Kenneth L. Marcus, Expiration Date of Approval: May 31, Comments will be summarized and Staff Director, Acting General Counsel. 2006. included in the request for Office of [FR Doc. 05–22573 Filed 11–8–05; 8:45 am] Type of Request: Extension and Management and Budget approval of the BILLING CODE 6335–01–M revision of a Currently Approved information collection. All comments Information Collection. will also become a matter of public Abstract: The DSA program is record. designed to assist borrowers in financial DEPARTMENT OF COMMERCE distress that operated a farm or ranch in Signed in Washington, DC on November 3, 2005. Submission for OMB Review; a political subdivision, typically a Comment Request county that was declared or designated Teresa Lasseter, a disaster area. DSA allows eligible Administrator, Farm Service Agency. DOC has submitted to the Office of borrowers who are unable to make [FR Doc. 05–22553 Filed 11–10–05; 8:45 am] Management and Budget (OMB) for payments to quickly eliminate their BILLING CODE 3410–05–P clearance the following proposal for

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collection of information under the Departmental Paperwork Clearance Commerce, Room 6625, 14th and provisions of the Paperwork Reduction Officer, (202) 482–3129, Department of Constitution Avenue, NW., Washington, Act (44 U.S.C. chapter 35). Commerce, room 6625, 14th and DC 20230 (or via the Internet at Agency: U.S. Census Bureau. Constitution Avenue, NW., Washington, [email protected]). Title: Quarterly Survey of the DC 20230 (or via the Internet at Written comments and Finances Of Public-Employee [email protected]). recommendations for the proposed Retirement Systems. Written comments and information collection should be sent Form Number(s): F–10. recommendations for the proposed within 30 days of publication of this Agency Approval Number: 0607– information collection should be sent notice to Jasmeet Seehra, OMB Desk 0143. within 30 days of publication of this Officer, FAX number (202) 395–3123, or Type of Request: Extension of a notice to Susan Schechter, OMB Desk [email protected]. currently approved collection. Officer either by fax (202–395–7245) or Dated: November 7, 2005. Burden: 300 hours. e-mail ([email protected]). Number of Respondents: 100. Gwellnar Banks, Avg Hours Per Response: 45 minutes. Dated: November 7, 2005. Management Analyst, Office of the Chief Needs and Uses: The Census Bureau Madeleine Clayton, Information Officer. requests continued OMB clearance of Management Analyst, Office of the Chief [FR Doc. 05–22511 Filed 11–10–05; 8:45 am] the Quarterly Survey of the Finances of Information Officer. BILLING CODE 3510–13–P Public Employee Retirement Systems. [FR Doc. 05–22510 Filed 11–10–05; 8:45 am] Over 2.2 trillion dollars in public- BILLING CODE 3510–07–P employee retirement system assets in DEPARTMENT OF COMMERCE the financial markets are controlled by a small number of large systems. The DEPARTMENT OF COMMERCE Submission for OMB Review; 2002 Census of Governments identified Comment Request 2,670 state and local government Submission for OMB Review; Comment Request The Department of Commerce has administered public-employee submitted to the Office of Management retirement systems. The 100 largest The Department of Commerce has and Budget (OMB) for clearance the systems, as measured by the system submitted to the Office of Management following proposal for collection of assets, account for about 90 percent of and Budget (OMB) for clearance the information under the provisions of the the total assets of all systems. This following proposal for collection of Paperwork Reduction Act (44 U.S.C. survey is used to collect financial data information under the provisions of the Chapter 35). from these 100 systems for policy Paperwork Reduction Act (44 U.S.C. Agency: National Institute of makers and economists to follow the Chapter 35). Standards and Technology (NIST). changing characteristics of these funds. Agency: National Institute of Title: NIST Three-Year Generic This survey was initiated by the U.S. Standards and Technology (NIST). Request for Customer Service-Related Census Bureau at the request of both the Title: U.S. Measurement Systems Data Collections. Council of Economic Advisors and the Biophotonics Survey. Form Number(s): None. Federal Reserve Board. The most Form Number(s): None. OMB Approval Number: 0693–0031. important information this survey OMB Approval Number: None. Type of Review: Regular submission. provides is the quarterly change in Type of Review: Regular submission. Burden Hours: 3,022. composition of the securities holdings Burden Hours: 10. Number of Respondents: 12,000. of the public employee retirement Number of Respondents: 60. Average Hours Per Response: 2 systems component of the economy. Average Hours Per Response: 10 minutes for a response card, and 2 hours The Federal Reserve Board uses these minutes. for focus group participation. The data to track the public sector portion of Needs and Uses: NIST would like to average estimated response time is the flow of funds accounts. The Bureau determine the industry expectations for expected to be 30 minutes. of Economic Analysis uses the quarterly metrology needs of biophotonics Needs and Uses: NIST will conduct retirement information on corporate applied to cell and tissue diagnostics surveys, focus groups, and other stock holdings to estimate dividends aspects of health care over the next 10 customer satisfaction/service data received by state and local government years. To begin this process, NIST will collections. The collected information is retirement systems that, in turn, are sponsor a workshop entitled needed and will be used to determine used in preparing the national income Biophotonic Tools for Cell and Tissue the kind and the quality of products, and product accounts. Additionally, Diagnostics. This workshop will focus services, and information our key these data are a significant part of the on diagnostic techniques involving the customers want and expect, as well as information base needed to analyze interaction between biological systems their satisfaction with and awareness of investment trends and help in the and photons. The survey will collect existing products, services and formulation of governmental economic limited background information (e.g., information. policies and investment decisions. professional training and interests). Affected Public: Business or other for Affected Public: State, local or Tribal Affected Public: Business or other for- profit organizations, not-for-profit government. profit organizations. institutions, and Federal, State, Local, or Frequency: Quarterly. Frequency: One-time only. Tribal government. Respondent’s Obligation: Voluntary. Respondent’s Obligation: Voluntary. Frequency: On occasion. Legal Authority: Title 13 U.S.C., OMB Desk Officer: Jasmeet Seehra, Respondent’s Obligation: Voluntary. Section 182. (202) 395–3123. OMB Desk Officer: Jasmeet Seehra, OMB Desk Officer: Susan Schechter, Copies of the above information (202) 395–3123. (202) 395–5103. collection proposal can be obtained by Copies of the above information Copies of the above information calling or writing Diana Hynek, collection proposal can be obtained by collection proposal can be obtained by Departmental Paperwork Clearance calling or writing Diana Hynek, calling or writing Diana Hynek, Officer, (202) 482–0266, Department of Departmental Paperwork Clearance

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Officer, (202) 482–0266, Department of DEPARTMENT OF COMMERCE certification of eligibility to apply for Commerce, Room 6625, 14th and Trade Adjustment Assistance from the Constitution Avenue, NW., Washington, Economic Development Administration firms listed below. EDA has initiated DC 20230 (or via the Internet at separate investigations to determine Notice of Petitions by Producing Firms [email protected]). whether increased imports into the for Determination of Eligibility To Written comments and United States of articles like or directly recommendations for the proposed Apply for Trade Adjustment Assistance competitive with those produced by information collection should be sent each firm contributed importantly to the within 30 days of publication of this AGENCY: Economic Development total or partial separation of the firm’s notice to Jasmeet Seehra, OMB Desk Administration (EDA), Department of workers, or threat thereof, and to a Officer, FAX number (202) 395–5806, or Commerce (DOC). decrease in sales or production of each [email protected]. ACTION: Notice and opportunity for petitioning firm. Dated: November 7, 2005. public comment. Gwellnar Banks, Management Analyst, Office of the Chief Pursuant to section 251 of the Trade Information Officer. Act of 1974 (19 U.S.C. 2341 et seq.), the [FR Doc. 05–22512 Filed 11–10–05; 8:45 am] Economic Development Administration BILLING CODE 3510–13–P (EDA) has received petitions for

LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE FOR THE PERIOD OCTOBER 19, 2005 THROUGH NOVEMBER 4, 2005

Date petition Firm Address accepted Product

Rudolph Instruments, Inc...... 400 Morris Avenue, Suite 120, Denville, 19-Oct-05 ...... Optoelectronic analytical testing instru- NJ 07834. ments. Cisco Brothers, Corp...... 1933 W. 60th Street, Los Angeles, GA 19-Oct-05 ...... Upholstered couches and chairs. 90047. AmeriStar Manufacturing Inc...... 2600 9th Avenue, Mankato, MN 56001 .. 25-Oct-05 ...... Metal stamping and custom sheet metal fabrications. Engineered Plastics Corp...... W 142 N9078 Fountain Boulevard, 25-Oct-05 ...... Injection molding of plastic components. Menomonee Falls, WI 53051. Ford Tool & Machining, Inc...... 2205 Range Road, Rockford, IL 61111 .. 25-Oct-05 ...... Custom-made tooling for die casting ma- chines. The Glove Corp...... 301 N. Harrison Street, Alexandria, IN 26-Oct-05 ...... Lined gloves of leather and lined gloves 46001. of wool. Alloy Hardfacing and Engineering Co., Inc 20425 Johnson Memorial Drive, Jordan, 26-Oct-05 ...... Engineering and manufacturing of proc- MN 55352. ess equipment for the food related in- dustries. Rudolph Instruments, Inc...... 400 Morris Avenue, Suite 120, Denville, 26-Oct-05 ...... Optoelectronic analytical testing instru- NJ 07834. ments. Contour Tool Works, Inc...... 10 W. Waltz Drive, Wheeling, IL 60090 26-Oct-05 ...... Engineering and manufacturing of molds, custom tooling and precision components from plastic injection molding. Actaris U.S. Liquid Measurement, Inc...... 1310 Emerald Road, Greenwood, SC 26-Oct-05 ...... Manufacturer and distributor of flow and 29646. fluid meters and meter systems for all utility sectors. SMW, Inc...... 2606 Gregory Street, Savannah, GA 27-Oct-05 ...... Manufacturer and distributor of wooden 31404. millwork, standard and running trim, custom entries, windows, pre-hung doors and cabinets. Specialty Fastening Systems, Inc...... 424 S. Baggett Street, Prairie Grove, AR 27-Oct-05 ...... Manufacturer of nails. 72753. Scott G. Williams, LLC ...... 2111 General Arts Road, Conyers, GA 27-Oct-05 ...... Manufacturer and distributor of inorganic 30012. fertilizer nutrients and trace additives of zinc, boron, sulfur and manganese. Package Machinery Company, Inc...... 380 Union Street, #58, West Springfield, 31-Oct-05 ...... Wrapping machinery and injection mold- MA 01089. ing machines. In-Land Technologies Service, Inc...... 700 B and H Industrial Court, Millstadt, 31-Oct-05 ...... Manufacturer of industrial process con- IL 62260. trol panels and industrial process con- trol systems. Shaffer Sportswear Mfg., Inc...... 224 N. Washington Street, Neosho, MO 4-Nov-05 ...... Sports uniforms. 64850. Hearthstone Enterprises, Inc...... 251 Industrial Park Drive, Boone, NC 4-Nov-05 ...... Metal household furniture. 28607.

Any party having a substantial written request for a hearing must be Development Administration, U.S. interest in the proceedings may request submitted to the Office of Chief Department of Commerce, Washington, a public hearing on the matter. A Counsel, Room 7005, Economic DC 20230, no later than ten calendar

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days following publication of this 6625, 1401 Constitution Avenue, NW., October 11, 2005 to November 14, 2005. notice. Please follow the procedures set Washington, DC 20230. Written Except as otherwise provided by the forth in § 315.9 of EDA’s interim final comments may also be submitted to the September 30, 2005 notice, the interim rule (70 FR 47002) for procedures for attention of Ms. Hynek via fax at (202) final rule is effective as of October 1, requesting a public hearing. The Catalog 482–4218 or via e-mail at 2005. of Federal Domestic Assistance official [email protected]. Please note that any EDA is currently conducting a program number and title of the correspondence sent by regular mail comprehensive review of its forms and program under which these petitions are may be substantially delayed or other information collections to ensure submitted is 11.313, Trade Adjustment suspended in delivery, since all regular that they correspond with the 2004 Act Assistance. mail sent to the Department of and the interim final rule. EDA is Dated: November 7, 2005. Commerce (the ‘‘Department’’) is subject soliciting public comments on the Benjamin Erulkar, to extensive security screening. collections of information contained in Chief Counsel. FOR FURTHER INFORMATION CONTACT: this notice. EDA forms are available for [FR Doc. 05–22528 Filed 11–10–05; 8:45 am] Requests for additional information or downloading, completing and printing BILLING CODE 3510–24–P copies of the information collection instruments and instructions should be (portable document format (PDF)) on directed to Kenneth M. Kukovich, EDA EDA’s Internet Web site at http:// DEPARTMENT OF COMMERCE PRA Liaison, Office of Management www.eda.gov. Presently, EDA does not Services, Economic Development accept the electronic submission of Economic Development Administration Administration, Department of completed forms or other information Commerce, HCHB Room 7227, 1401 collections. These forms are not Economic Development Administration Constitution Avenue, NW., Washington, currently transaction-based, although Reauthorization Act of 2004 DC 20230; telephone: (202) 482–4965; e- EDA anticipates that the forms Implementation; Comprehensive mail: [email protected]. All of the associated with the pre-application and Review of Information Collections EDA forms referenced in this notice are application process will become transaction-based and able to be AGENCY: Economic Development available on EDA’s Internet Web site at Administration, Department of http://www.eda.gov. completed and filed on-line when EDA Commerce. SUPPLEMENTARY INFORMATION: begins using the Department’s proposed consolidated back-office on-line grants ACTION: Notice of Information I. Abstract management system (‘‘Grants On-Line’’). Collections; Request for Public Comments. EDA’s mission is to lead the federal II. Collections of Information economic agenda by promoting SUMMARY: The Economic Development innovation and competitiveness, A. Proposal and Application for Administration (‘‘EDA’’), as part of its preparing American regions for growth Financial Assistance (OMB Control No. continuing effort to reduce paperwork and success in the worldwide economy. 0610–0094) and respondent burden, provides the EDA will fulfill its mission by fostering 1. Purpose: These information general public and other federal entrepreneurship, innovation and collections are necessary to determine agencies with an opportunity to productivity through investments in eligibility for investment assistance comment on proposed and current infrastructure development, capacity under EDA’s authorizing statute and collections of information in accordance building and business development in regulations, the quality of the proposed with the Paperwork Reduction Act of order to attract private capital scope of work to address the pressing 1995 (44 U.S.C. 3501 et seq.). investments and higher-skill, higher- economic distress of a region, the merits EDA has published an interim final wage jobs to regions experiencing of the activities for which investment rule (70 FR 47002) revising its substantial and persistent economic assistance is requested, and the ability regulations to reflect the amendments distress. To effectively administer and of the eligible applicant to carry out the made to EDA’s authorizing statute, the monitor its economic development proposed activities successfully. Eligible Public Works and Economic assistance programs, EDA collects applicants first must submit a pre- Development Act of 1965 (‘‘PWEDA’’), certain information from applicants for, application (ED–900P) and then be by the Economic Development and recipients of, EDA investment invited by EDA to submit a formal Administration Reauthorization Act of assistance. application (ED–900A). 2004 (the ‘‘2004 Act’’). With limited On August 11, 2005, EDA published 2. Method of Collection: Paper Report. exceptions, the interim final rule an interim final rule in the Federal 3. Data: became effective on October 1, 2005. Register (70 FR 47002) to reflect the Agency Form Numbers: ED–900P EDA is currently conducting a amendments made to EDA’s authorizing (Pre-Application for Federal comprehensive review of its forms and statute, PWEDA, by the 2004 Act. In Assistance); ED–900A (Application for other information collections to ensure addition to tracking the statutory Federal Assistance). that they correspond with the 2004 Act amendments to PWEDA, the interim Type of Review: Regular submission. and with the interim final rule. EDA is final rule reflects EDA’s current Affected Public: State and local soliciting public comments on the practices and policies in administering governments; Indian tribes; institutions collections of information contained in its economic development programs of higher education; non-profit this notice. that have evolved since the organizations; for-profit organizations; DATES: Written comments must be promulgation of its former regulations. private individuals. submitted on or before January 13, 2006. On September 30, 2005, EDA published Estimated Number of Annual ADDRESSES: Interested parties are a notice in the Federal Register (70 FR Responses: 1,900 (1,100 for Form ED– invited to submit written comments to 57124) to (i) delay the effective date of 900P and 800 for Form ED–900A). Diana H. Hynek, Departmental certain provisions in the interim final Estimated Time per Response: 9 hours Paperwork Clearance Officer, rule, and (ii) extend the public comment for each Form ED–900P; 48.5 hours for Department of Commerce, HCHB Room period for the interim final rule from each Form ED–900A.

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Estimated Total Annual Burden Estimated Time per Response: 12 requested to analyze and evaluate Hours: 48,700 (9,900 for Forms ED– hours for the RLF Annual Report; 12 program performance. 900P; 38,800 for Forms ED–900A). hours for the Semi-Annual Report; 2 2. Method of Collection: Paper Report. Estimated Total Annual Cost: 0. hours for the Income and Expense 3. Data: Agency Form Number: None. B. Petition by a Firm for Certification of Statement; 15 hours for the RLF Type of Review: Regular submission. Eligibility to Apply for Trade Standard Terms and Conditions; 40 Affected Public: State and local Adjustment Assistance (OMB Control hours for the RLF Plan Guidelines). governments; Indian tribes; institutions No. 0610–0091) Estimated Total Annual Burden Hours: 23,428 (12,696 for RLF Annual of higher education; non-profit 1. Purpose: Pursuant to Chapter 3 of and Semi-Annual Reports; 1,192 for RLF organizations. Title II of the Trade Act of 1974, as Income and Expense Statement; 8,940 Estimated Number of Annual amended, the Secretary of Commerce is for RLF Standard Terms and Conditions; Responses: 1,160. responsible for administering 600 for RLF Plan Guidelines). Estimated Time per Response: 20 adjustment assistance for trade-injured Estimated Total Annual Cost: 0. hours. firms. The Secretary of Commerce has Estimated Total Annual Burden delegated this statutory authority and D. Comprehensive Economic Hours: 23,200. responsibilities to EDA. EDA Development Strategy Guidelines (OMB Estimated Total Annual Cost: 0. administers the Trade Adjustment Control No. 0610–0093) F. Request To Amend an Investment Assistance program to assist trade- 1. Purpose: A Comprehensive Award and Project Service Maps (OMB injured U.S. manufacturing and Economic Development Strategy (CEDS) Control No. 0610–0102) producing firms to develop and is required to qualify for EDA implement strategies for competing in investment assistance under its Public 1. Purpose: A recipient must submit a the global marketplace. EDA uses Form Works, Economic Adjustment, and most written request to EDA to amend an ED–840P to collect information from a planning programs, and is a prerequisite investment award and provide such petitioning firm to determine if it is for a region’s designation by EDA as an information and documentation as EDA eligible to apply for trade adjustment Economic Development District. The deems necessary to determine the merit assistance. Comprehensive Economic Development of altering the terms of a grant (Section 2. Method of Collection: Paper Report. Strategy Guidelines set forth technical 302.7(a) of EDA’s interim final rule). A 3. Data: and procedural requirements for the project service map allows EDA to Agency Form Number: ED–840P development and implementation of a determine how effectively the project is (Petition by a Firm for Certification of CEDS, including reporting requirements addressing a region’s economic Eligibility to Apply for Trade for Economic Development District and development needs (Section 302.16(c) of Adjustment Assistance). other EDA-funded planning EDA’s interim final rule). Type of Review: Regular submission. organizations. 2. Method of Collection: Paper Report. Affected Public: Manufacturing or 2. Method of Collection: Paper Report. 3. Data: producing firms. 3. Data: Agency Form Number: None. Estimated Number of Annual Agency Form Number: None. Type of Review: Regular submission. Responses: 200. Type of Review: Regular submission. Affected Public: State and local Estimated Time per Response: 8 Affected Public: State and local governments; Indian tribes; institutions hours. governments; Indian tribes; institutions of higher education; non-profit Estimated Total Annual Burden of higher education; non-profit organizations; for-profit organizations; Hours: 1,600. Estimated Total Annual Cost: 0. organizations. private individuals. Estimated Number of Annual Estimated Number of Annual C. Revolving Loan Fund (RLF) Grants Responses: 640. Responses: 55 (45 requests to amend an (OMB Control No. 0610–0095) Estimated Time per Response: 240 investment award (20 planning 1. Purpose: These information hours for initial CEDS for District investments and 25 non-planning collections are necessary to ensure Organizations and other EDA-funded investments) and 10 project service proper monitoring and compliance with planning organizations; 25 hours for maps). EDA’s statutory and regulatory CEDS for non-Districts and non-EDA- Estimated Time per Response: 4 hours requirements for RLFs. funded organizations; 50 hours for for amendments to planning investment 2. Method of Collection: Paper Report. Annual CEDS Report; 75 hours for CEDS awards; 16 hours for amendments to 3. Data: update. non-planning investment awards; 6 Agency Form Numbers: ED–209A Estimated Total Annual Burden hours for project service maps. (RLF Annual Report); ED–209S (RLF Hours: 34,430. Estimated Total Annual Burden Semi-Annual Report); ED–209I (Income Estimated Total Annual Cost: 0. Hours: 540 (80 hours for amendments to planning investments; 400 hours for and Expense Statement); RLF Standard E. Requirements for Approved amendments to non-planning Terms and Conditions; RLF Plan Construction Investments (OMB Control investments; 60 hours for project service Guidelines. No. 0610–0096) Type of Review: Regular submission. maps). Affected Public: State and local 1. Purpose: The Requirements for Estimated Total Annual Cost: 0. governments; Indian tribes; institutions Approved Construction Investments G. Property Management (OMB Control of higher education; non-profit manual supplements the requirements No. 0610–0103) organizations. that apply to EDA-funded construction Estimated Number of Annual projects. The information collected is 1. Purpose: A recipient must request Responses: 2,265 (1,058 for RLF Annual used to monitor recipients’ compliance in writing EDA’s approval to undertake and Semi-Annual Reports; 596 for RLF with EDA’s statutory and regulatory an incidental use of property acquired Income and Expense Statement; 596 for requirements and specific terms and or improved with EDA investment RLF Standard Terms and Conditions; 15 conditions relating to individual assistance. This collection of for RLF Plan Guidelines). awards. EDA also uses the information information allows EDA to determine

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whether an incidental use of property I. Trade Adjustment Assistance clarity of the information to be acquired or improved with EDA Proposals (OMB Control No. 0610–0105) collected; and (d) ways to minimize the investment assistance is appropriate. If 1. Purpose: A certified firm works burden of the collection of information a recipient of EDA investment with the applicable Trade Adjustment on respondents, including through the assistance wishes for EDA to release its Assistance Center (‘‘TAAC’’) to develop use of automated collection techniques real property or tangible personal an adjustment proposal. The TAAC then or other forms of information property interests before the expiration submits the completed adjustment technology. of the property’s estimated useful life, proposal to EDA for approval. If the Comments submitted in response to the recipient must submit a written adjustment proposal is approved, a this notice will be summarized and request to EDA. This collection of certified firm may then request EDA- included in the request for the Office of information allows EDA to determine funded trade adjustment assistance Management and Budget’s approval of whether to release its real property or through the TAAC. these information collections and they tangible personal property interests. 2. Method of Collection: Paper Report. also will become a matter of public 2. Method of Collection: Paper Report. 3. Data: record. 3. Data. Agency Form Number: None. Dated: November 7, 2005. Agency Form Number: None. Type of Review: Regular submission. Madeleine Clayton, Type of Review: Regular submission. Affected Public: Manufacturing or producing firms. Management Analyst, Office of the Chief Affected Public: State and local Information Officer. governments; Indian tribes; institutions Estimated Number of Annual [FR Doc. 05–22513 Filed 11–10–05; 8:45 am] of higher education; non-profit Responses: 180. organizations. Estimated Time per Response: 120 BILLING CODE 3510–24–P Estimated Number of Annual hours. Estimated Total Annual Burden Responses: 45 (25 requests for an DEPARTMENT OF COMMERCE incidental use of property and 20 Hours: 21,600. Estimated Total Annual Cost: 0. requests for a release of EDA’s property International Trade Administration interests). J. Request for Public Hearing (Section Estimated Time per Response: 6 hours 315.9) (OMB Control No. 0610–0106) Export Trade Certificate of Review for an incidental use request; 12 hours 1. Purpose: In order to have a public for a release of EDA’s property interests. hearing, a person with a substantial ACTION: Notice of application. Estimated Total Annual Burden interest in an accepted petition for trade Hours: 390 (150 hours for incidental use adjustment assistance certification must SUMMARY: Export Trading Company requests; 240 hours for releases of EDA’s submit a written request that follows the Affairs (‘‘ETCA’’), International Trade property interests). provisions set forth in Section 315.9. Administration, Department of Estimated Total Annual Cost: 0. This information collection provides Commerce, has received an application H. Designation of a Region as a Special EDA with sufficient information to for an Export Trade Certificate of Impact Area (OMB Control No. 0610– determine whether a public hearing is Review (‘‘Certificate’’). This notice 0104) warranted. summarizes the conduct for which 2. Method of Collection: Paper Report. certification is sought and requests 1. Purpose: Upon the written 3. Data: comments relevant to whether the application of an eligible applicant, Agency Form Number: None. Certificate should be issued. EDA may designate the region which Type of Review: Regular submission. FOR FURTHER INFORMATION CONTACT: the project will serve as a ‘‘Special Affected Public: Any person, Jeffrey Anspacher, Director, Export Impact Area’’ if the applicant organization or group found by EDA to demonstrates that its proposed project Trading Company Affairs, International have a substantial interest in the Trade Administration, by telephone at will directly fulfill a pressing need and certification or non-certification by EDA assist in preventing excessive (202) 482–5131 (this is not a toll-free of a petition for Trade Adjustment number) or E-mail at [email protected]. unemployment (Section 214 of PWEDA Assistance. and Part 310 of the interim final rule). Estimated Number of Annual SUPPLEMENTARY INFORMATION: Title III of EDA uses the information collected to Responses: 1. the Export Trading Company Act of determine whether to make a ‘‘Special Estimated Time per Response: 1 hour. 1982 (15 U.S.C. 4001–21) authorizes the Impact Area’’ designation. Estimated Total Annual Burden Secretary of Commerce to issue Export 2. Method of Collection: Paper Report. Hours: 1 hour. Trade Certificates of Review. An Export 3. Data: Estimated Total Annual Cost: 0. Trade Certificate of Review protects the holder and the members identified in Agency Form Number: None. III. Request for Comments Type of Review: Regular submission. the Certificate from state and federal Public comments are invited with government antitrust actions and from Affected Public: State and local respect to each of the collections of private treble damage antitrust actions governments; Indian tribes; institutions information listed above on: (a) Whether for the export conduct specified in the of higher education; non-profit the proposed collection of information Certificate and carried out in organizations. is necessary for the proper performance compliance with its terms and Estimated Number of Annual of the functions of the agency, including conditions. Section 302(b)(1) of the Responses: 12. whether the information shall have Export Trading Company Act of 1982 Estimated Time per Response: 10 practical utility; (b) the accuracy of the and 15 CFR 325.6(a) require the hours. agency’s estimate of the burden Secretary to publish a notice in the Estimated Total Annual Burden (including hours and cost) of the Federal Register identifying the Hours: 120. proposed collection of information; (c) applicant and summarizing its proposed Estimated Total Annual Cost: 0. ways to enhance the quality, utility and export conduct.

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Request for Public Comments Export Markets (‘‘AVES’’) on behalf of the Salvadoran ´ Interested parties may submit written Chicken leg quarters for which awards poultry industry; and by Asociacion comments relevant to the determination will be made will be exported to El Nacional de Avicultores y Productores whether a Certificate should be issued. Salvador, Guatemala, Honduras and de Alimentos de Nicaragua (‘‘ANAPA’’) If the comments include any privileged Nicaragua. on behalf of the Nicaraguan poultry industry. or confidential business information, it Export Trade Activities and Methods of C. Open Tender Process. CA–PEQ must be clearly marked and a Operation shall offer TRQ Certificates for duty-free nonconfidential version of the CA–PEQ seeks certification for the shipments of chicken leg quarters to El comments (identified as such) should be Salvador, Guatemala, Honduras and included. Any comments not marked following conduct: 1. The conduct of an open tender Nicaragua solely and exclusively privileged or confidential business through an open tender process with process for the award of shares of the information will be deemed to be certificates awarded to the highest tariff rate quota for chicken leg quarters nonconfidential. An original and five (5) bidders (‘‘TRQ Certificates’’). CA–PEQ in El Salvador, Guatemala, Honduras copies, plus two (2) copies of the shall hold tenders in accordance with and Nicaragua; nonconfidential version, should be tranches established in the relevant 2. The award of certificates for submitted no later than 20 days after the regulations of El Salvador, Guatemala, eligibility to enter chicken leg quarters date of this notice to: Export Trading Honduras or Nicaragua, or in the into El Salvador, Guatemala, Honduras Company Affairs, International Trade absence of such, at least three times and Nicaragua subject to zero duties; Administration, U.S. Department of each year. The award of TRQ 3. The collection and management of Commerce, Room 7021–B H, Certificates under the open tender funds bid in the open tender process; Washington, DC 20230. Information process shall be determined solely by and submitted by any person is exempt from the Administrator in accordance with 4. The distribution of the proceeds of disclosure under the Freedom of Section I without any participation by Information Act (5 U.S.C. 552). the open tender process to support the the Board of Directors. However, nonconfidential versions of operation and administration of CA– D. Persons or Entities Eligible to Bid. the comments will be made available to PEQ and to fund promotional, Any person or entity incorporated or the applicant if necessary for educational, scientific and technical domiciled in the United States of determining whether or not to issue the projects for the benefit of the poultry America shall be eligible to bid in the Certificate. Comments should refer to industries of the United States of open tender process. this application as ‘‘Export Trade America, El Salvador, Guatemala, E. Notice. The Administrator shall Certificate of Review, application Honduras and Nicaragua. publish notice (‘‘Notice’’) of each open number 05–00001.’’ A summary of the 1. Purpose. CA–PEQ will manage on tender process to be held to award TRQ application follows. an open tender basis the tariff-rate Certificates in the Journal of Commerce quotas (TRQs) for poultry products and, at the discretion of the Summary of the Application granted by El Salvador, Guatemala, Administrator, in other publications of Applicant: Central America Poultry Honduras and Nicaragua to the United general circulation within the U.S. Export Quota, Inc. (CA–PEQ), 901 New States under the terms of the United poultry industry. The Notice will invite York Avenue, NW., 3rd Floor, States-Central American Free Trade independent bids and will specify (i) Washington, DC 20001–4413. Agreement (‘‘CAFTA’’) or any amended the total amount (in metric tons) that Contact: Kyd D. Brenner, Partner, or successor agreement providing for will be allocated pursuant to the DTB Associates, LLP. Telephone: (202) Central American poultry TRQs for the applicable tender; (ii) the shipment 661–7098. United States of America. CA–PEQ also period for which the TRQ Certificates Application No.: 05–00001. will provide for distributions of the will be valid; and (iii) the date and time Date Deemed Submitted: October 31, proceeds received from the tender by which all bids must be received by 2005. process based on exports of poultry the Administrator in order to be Members (in addition to applicant): (‘‘the TRQ System’’) for the benefit of considered (the ‘‘Bid Date’’); and (iv) a USA Poultry & Egg Export Council the poultry industries in El Salvador, minimum bid amount per ton, as (‘‘USAPEEC’’), Stone Mountain, Guatemala, Honduras, Nicaragua and established by the Board of Directors, to Georgia; Asociacio´n Nacional de the United States. ensure the costs of administering the Avicultores de Guatemala (‘‘ANAVI’’), 2. Implementation. auction are recovered. The Notice Guatemala, Guatemala; Asociacio´n A. Administrator. CA–PEQ shall normally will be published not later Nacional de Avicultores de El Salvador contract with a neutral third party than 30 business days prior to the first (‘‘AVES’’), La Libertad, El Salvador; and Administrator who is not engaged in the day of the shipment period and will Asociacio´n Nacional de Avicultores y production, sale, distribution or export specify a Bid Date that is at least 10 Productores de Alimentos de Nicaragua of poultry or poultry products and who business days after the date of (‘‘ANAPA’’), Managua, Nicaragua. shall bear responsibility for publication of the Notice. The Notice CA–PEQ seeks a Certificate to cover administering the TRQ System, subject will specify the format for bid the following specific Export Trade, to general supervision and oversight by submissions. Bids must be received by Export Markets, and Export Trade the Board of Directors of CA–PEQ. the Administrator not later than 5 p.m. Activities and Methods of Operations. B. Membership. CA–PEQ’s initial EST on the Bid Date. members under this certificate are the F. Contents of Bid. The bid shall be Export Trade USA Poultry and Egg Export Council in a format established by the Chicken leg quarters (or parts of (‘‘USAPEEC’’) on behalf of the U.S. Administrator and shall state (i) the chicken leg quarters, including legs or poultry industry; by Asociacio´n name, address, telephone and facsimile thighs), fresh, chilled or frozen, Nacional de Avicultores de Guatemala numbers, and e-mail address of the seasoned or unseasoned, marinated or (‘‘ANAVI’’) on behalf of the Guatemalan bidder; (ii) the quantity of poultry bid, not marinated, classifiable under HTS poultry industry; by Asociacio´n in an amount that is a multiple of 25 0207.13.99, 0207.14.99 and 1602.32.00. Nacional de Avicultores de El Salvador metric tons; (iii) the bid price in U.S.

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dollars per metric ton; and (iv) the total the Notice, the bidder shall pay the full educational, scientific and technical value of the bid. The bid form shall amount of the bid, either by wire projects to benefit the poultry industries contain a provision, that must be signed transfer or by certified check, to an of El Salvador, Guatemala, Honduras by the bidder, agreeing that (i) any account designated by the and Nicaragua. CA–PEQ shall accept dispute that may arise relating to the Administrator. If the bidder fails to proposals for funding of projects bidding process or to the award to TRQ make payment within five (5) days, the approved by the Boards of Directors of Certificates shall be settled by Administrator shall revoke the award ANAVI, AVES and ANAPA, as the case arbitration administered by the and award the tonnage to the next may be. The Administrator shall American Arbitration Association in highest bidder(s). disburse funds to those projects accordance with its Commercial K. Delivery of TRQ Certificates. The approved for funding by the CA–PEQ Arbitration Rules; and (ii) judgment on Administrator shall establish an account Board of Directors. any award rendered by the arbitrator for each successful bidder in the amount O. Arbitration of Disputes. Any may be entered in any court having of tonnage available for TRQ dispute, controversy or claim arising out jurisdiction thereof. Certificates. Upon request, the of or relating to the TRQ System or the G. Performance Security. The bidder Administrator will issue TRQ breach thereof, including inter alia, a shall submit with each bid a Certificates in the tonnage designated by Member’s qualification for distribution, performance bond, irrevocable letter of the bidder, consistent with the balance interpretation of documents, or of the credit drawn on a U.S. bank, cashier’s in that account. The TRQ Certificate distribution itself, shall be settled by check, wire transfer or equivalent shall state the delivery period for which arbitration administered by the security, in a form approved and for the it is valid. American Arbitration Association in benefit of an account designated by the L. Transferability. TRQ Certificates accordance with its Commercial Administrator, in the amount of $50,000 shall be freely transferable except that Arbitration Rules, and judgment on the or the total value of the bid, whichever (i) any TRQ Certificate holder who award rendered by the arbitrator may be is less. The bidder shall forfeit such intends to sell, transfer or assign any entered in any court having jurisdiction performance security if the bidder fails rights under that Certificate shall thereof. to pay for any TRQ Certificates awarded publish such intention on a Web site P. Confidential Information. The within five (5) business days. The maintained by the Administrator at least Administrator shall maintain as bidder may chose to apply the three (3) business days prior to any sale, confidential all export documentation or performance security to the price of any transfer or assignment; and (ii) any TRQ other business sensitive information successful bid, or to retain the holder that sells, transfers or assigns its submitted in connection with performance security for a subsequent rights under a TRQ Certificate shall application for CA–PEQ membership, open tender process. Promptly after the provide the Administrator with notice bidding in the open tender process or close of the open tender process, the and a copy of the sale, transfer or requests for distribution of proceeds, Administrator shall return any unused assignment within three (3) business where such documents or information or non-forfeited security to the bidder. days. has been marked ‘‘Confidential’’ by the H. Confidentiality of Bids. The M. Deposit of Proceeds: The person making the submission. The Administrator shall treat all bids and Administrator shall cause all proceeds Administrator shall disclose such their contents as confidential. The of the open tender process to be information only to another neutral Administrator shall disclose deposited in an interest-bearing account third party or authorized government information about bids only to another in a financial institution approved by official of signatories to the CAFTA, and neutral third party and only as the CA–PEQ Board of Directors. only where necessary to ensure the necessary to ensure the effective N. Disposition of Proceeds. The effective operation of the TRQ System or operation of the TRQ System. However, proceeds of the open tender process where required by law (including after the issuance of all TRQ Certificates shall be applied and distributed as appropriate disclosure in connection from an open tender process, the follows: with the arbitration of a dispute). Administrator shall notify all bidders i. The Administrator shall pay from Q. Annual Reports. CA–PEQ shall and shall disclose publicly (i) the total tender proceeds, as they become publish an annual report including a tonnage for which TRQ Certificates were available, all operating expenses of CA– statement of its operating expenses and awarded, and (ii) the lowest price per PEQ, including legal, accounting and data on the distribution of proceeds, as metric ton of all successful bids. administrative costs of establishing and reflected in the audited financial I. Award of TRQ Certificates. The operating the TRQ System, as statement of the CA–PEQ TRQ System. Administrator shall award TRQ authorized by the Board of Directors. 3. Cooperation with the U.S. Certificates for the available tonnage to ii. Of the proceeds remaining at the Government and with the Governments the bidders who have submitted the end of each year of operations after all of El Salvador, Guatemala, Honduras highest price conforming bids. If two or costs described in (i) above have been and Nicaragua. CA–PEQ will provide more bidders have submitted bids with paid: whatever information or consultations identical prices, the Administrator shall 1. Fifty percent (50%) shall be may be useful in order to ensure divide the remaining available tonnage distributed to fund export market effective consultations between the in proportion to the quantities of their development, educational, scientific government of the United States of bids, and offer each TRQ Certificates in and technical projects to benefit the America and the governments of El the resulting tonnages. If any bidder United States poultry industry. CA–PEQ Salvador, Guatemala, Honduras and declines all or part of the tonnage shall accept proposals for the funding of Nicaragua concerning the offered, the Administrator shall offer projects approved by the Board of implementation and operation of the that tonnage first to the other tying Directors of USAPEEC. The TRQ System. In particular, while bidders, and then to the next highest Administrator shall disburse funds to maintaining the confidentiality of bidder. those projects approved for funding by information submitted by bidders and J. Payment for TRQ Certificates. the CA–PEQ Board of Directors. Members, CA–PEQ will provide its Promptly after being notified of a TRQ 2. Fifty percent (50%) shall be annual report, regular reports following award and within the time specified in distributed to fund market development, each tender held, reports on

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distributions of tender proceeds, and initiatives the Board may pursue. The No. USA–MEX–98–1904–02. The any other information that might be meeting will be open to the public. binational panel affirmed in part and requested by the U.S. Government. Time will be permitted for public remanded in part to the International Directly or through the U.S. comment, which is limited to three Trade Administration. Copies of the Government, CA–PEQ will endeavor to minutes per speaker. To sign up for panel decision are available from the accommodate any information request public comment, please contact J. Marc U.S. Section of the NAFTA Secretariat. from the governments of El Salvador, Chittum, U.S. Travel and Tourism FOR FURTHER INFORMATION CONTACT: Guatemala, Honduras and Nicaragua, Advisory Board, Room 4043, Caratina L. Alston, United States while protecting confidential Washington, DC 20230 (Phone: 202– Secretary, NAFTA Secretariat, Suite information; and will consult with 482–1124), [email protected], 2061, 14th and Constitution Avenue, officials of those governments as no later than close of business, Friday, Washington, DC 20230, (202) 482–5438. appropriate. November 25, 2005. SUPPLEMENTARY INFORMATION: Chapter Miscellaneous Implementing The Board is mandated by Public Law 19 of the North American Free-Trade Provisions. CA–PEQ and/or its Members 108–7, Section 210, was initially Agreement (‘‘Agreement’’) establishes a may (i) meet, discuss and provide for an chartered in 2003, and was re-chartered mechanism to replace domestic judicial administrative structure to implement on September 21, 2005, for a two-year review of the final determinations in the foregoing tariff-rate quota period to end September 20, 2007. antidumping and countervailing duty management system, assess its DATE: December 1, 2005. cases involving imports from a NAFTA operations and discuss modifications as Time: To be determined. country with review by independent necessary to improve its workability; (ii) ADDRESSES: Exact location to be binational panels. When a Request for meet, exchange and discuss information determined, New Orleans, LA. This Panel Review is filed, a panel is regarding the structure and method for program will be physically accessible to established to act in place of national implementing the foregoing tariff-rate people with disabilities. Requests for courts to review expeditiously the final quota management system; (iii) meet, sign language interpretation or other determination to determine whether it exchange and discuss the types of auxiliary aids should be submitted no conforms with the antidumping or information needed regarding the later than November 25, 2005, to J. Marc countervailing duty law of the country bidding process and distribution of the Chittum, U.S. Travel and Tourism that made the determination. bid proceeds, that are necessary for Advisory Board, Room 4043, 1401 Under Article 1904 of the Agreement, implementation of the system; (iv) meet, Constitution Avenue, NW., Washington, which came into force on January 1, exchange and discuss information DC 20230, telephone 202–482–1124, 1994, the Government of the United regarding U.S. and foreign government [email protected]. Seating is States, the Government of Canada and agreements, legislation and regulations limited and will be on a first come, first the Government of Mexico established affecting the tariff rate quota served basis. Rules of Procedure for Article 1904 management system; and (v) otherwise FOR FURTHER INFORMATION CONTACT: Binational Panel Reviews (‘‘Rules’’). meet, discuss and exchange information J. Marc Chittum, U.S. Travel and Tourism These Rules were published in the as necessary to implement the activities Federal Register on February 23, 1994 described above and take the necessary Advisory Board, Room 4043, 1401 Constitution Avenue, NW., Washington, (59 FR 8686). The panel review in this action to implement the foregoing tariff- matter has been conducted in rate quota management system. DC 20230, telephone 202–482–1124, [email protected]. accordance with these Rules. Dated: November 7, 2005. Panel Decision: The Panel remands Dated: November 9, 2005. Jeffrey C. Anspacher, this case to the Department as follows: J. Marc Chittum, Director, Export Trading Company Affairs. 1. Reconsider whether, the evidence Designated Federal Officer, U.S. Travel and [FR Doc. E5–6253 Filed 11–10–05; 8:45 am] in the record supports the conclusion Tourism Board. BILLING CODE 3510–DR–P that, Type V cement sold as Type V and [FR Doc. 05–22617 Filed 11–9–05; 1:25 pm] Type II cement was not sold in the BILLING CODE 3510–DR–P ordinary course of trade, and provide an DEPARTMENT OF COMMERCE explanation recognizing the implications of the economic International Trade Administration DEPARTMENT OF COMMERCE interrelationship of issues developed in International Trade Administration, the Seventh Review Remand United States Travel and Tourism Determination, the presence or absence Advisory Board Meeting North American Free-Trade Agreement (NAFTA), Article 1904 Binational Panel of facts on the record regarding AGENCY: International Trade Reviews promotional quality, and the resulting Administration, Department of interaction of all of the factors examined Commerce. AGENCY: NAFTA Secretariat, United in the reconsideration; ACTION: Notice of an open meeting. States Section, International Trade 2. If, upon reconsideration, a Administration, Department of determination is made which alters the SUMMARY: The United States Travel and Commerce. selection of sales for comparison Tourism Advisory Board (‘‘Board’’) will ACTION: Notice of decision of panel. purposes from that made in the original hold a meeting to discuss topics related and first remand determination, to the travel and tourism industry. The SUMMARY: On November 3, 2005, the consider the comparison issues raised meeting will include discussion of the binational panel issued its decision in by the CDC in conformance with the enhanced mandate of the Board, the the review of the final determination positions taken by the majority opinions international advertising and promotion made by the International Trade in the Seventh Review Panel; and campaign which seeks to encourage Administration, respecting Gray 3. Reconsider the calculation of the individuals to travel to the United States Portland Cement and Clinker from DIFMER allowance on the basis that any for the express purpose of engaging in Mexico Final Antidumping Duty positive DIFMER allowance could be tourism, and future issues and Administrative Review, Secretariat File considered adverse to CEMEX, that the

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calculation must be a ‘‘reasonably (Crassostrea virginica) as threatened or following proposal for collection of accurate estimate’’ of the actual rate, endangered under the ESA. On May 18, information under the provisions of the that the calculation must be made in a 2005, NMFS published a Federal Paperwork Reduction Act (44 U.S.C. manner that reflects differences in Register notice (70 FR 28510) Chapter 35). physical characteristics, and that the announcing that the petition and the Agency: United States Patent and result must, while providing a deterrent information in our files indicated that Trademark Office (USPTO). for non-compliance, not be punitive, the petitioned action may be warranted. Title: Public Key Infrastructure (PKI) and provide an adequate explanation of Thus, NMFS initiated a review of the Certificate Action Form. that calculation. status of this species. Form Number(s): PTO–2042. The Department’s decision in the final On Wednesday, October 19, 2005, Agency Approval Number: 0651– results of the Sixth Administrative NMFS received a letter from the 0045. Review Remand Determination is, in all petitioner, dated October 13, 2005, Type of Request: Revision of a other respects, upheld. requesting the recall of the eastern currently approved collection. The Department was directed to oyster petition. In his letter, the Burden: 1,383 hours annually. complete its redetermination with petitioner indicated that his request to Number of Respondents: 4,126 regard to remand issues within 45 days withdraw the petition is due to responses per year. of the date of the opinion, or not later confusion over the petition process. He Avg. Hours Per Response: The USPTO than December 19, 2005. noted the significant concerns of some estimates that it will take the public that the species may be listed as Dated: November 3, 2005. approximately 30 minutes (0.5 hours) to endangered, thereby creating severe Caratina L. Alston, read the instructions and subscriber restrictions and regulations for this agreement, gather the necessary United States Secretary, NAFTA Secretariat. resource. He also expressed concern [FR Doc. 05–22503 Filed 11–10–05; 8:45 am] information, prepare the Certificate that, given the timeline of the review, Action Form, and submit the completed BILLING CODE 3510–GT–P NMFS may not currently have enough request. The USPTO estimates that it information to determine if eastern will take the public approximately 10 oyster subspecies exist. He concluded minutes (0.17 hours) to complete and DEPARTMENT OF COMMERCE that he hopes that NMFS will continue electronically submit the information with the review as he considers the National Oceanic and Atmospheric required for certificate self-recovery. status review report to be a Administration Needs and Uses: In support of the comprehensive resource which will be Government Paperwork Elimination Act [I.D. 050305B] of great value in focusing restoration and its own electronic filing initiatives, activities for this species. Listing Endangered and Threatened NMFS has accepted this request and the USPTO uses Public Key Wildlife and Plants; Withdrawal of the will consider the petition withdrawn, Infrastructure (PKI) technology to Petition to List Eastern Oyster as effective immediately. However, a support electronic commerce between Threatened or Endangered under the considerable amount of effort has been the USPTO and its customers. In order Endangered Species Act expended to date by the eastern oyster to access secure online systems offered BRT as it has already met twice and by the USPTO for transactions such as AGENCY: National Marine Fisheries prepared approximately three quarters electronic filing of patent applications Service (NMFS), National Oceanic and of the status review report. When and retrieving confidential patent Atmospheric Administration (NOAA), complete, the status review report will application information, customers Commerce. be the most timely and comprehensive must first obtain a digital certificate. ACTION: Notice of the withdrawal of a resource document for this species, and, The public uses this collection to petition. as such, it will be a useful tool in request a new digital certificate, the guiding future management decisions. revocation of a current certificate, or the SUMMARY: NMFS announces that a recovery of a lost certificate. This request by Mr. Wolf-Dieter Busch (the NMFS has, therefore, determined that the BRT will continue with the status collection includes the existing petitioner) to withdraw his petition to Certificate Action Form (PTO–2042), list eastern oyster (Crassostrea virginica) review report and will complete the report as soon as practicable. which is provided by the USPTO to has been received. NMFS has accepted ensure that customers submit the this request and will cease the Authority: 16 U.S.C. 1531 et seq. necessary information for processing evaluation of the petition. However, in Dated: November 7, 2005. certificate requests. The USPTO is recognition of the considerable work Donna Wieting, adding a new electronic Certificate Self- that has been completed to date on the Deputy Director, Office of Protected Recovery Form to this collection to status review report and the value of Resources, National Marine Fisheries Service. enable customers to recover their own this comprehensive resource to the [FR Doc. 05–22552 Filed 11–10–05; 8:45 am] lost certificates online. management of this species, NMFS will BILLING CODE 3510–22–S Affected Public: Individuals or ask the Biological Review Team (BRT) households, businesses or other for- to complete the status review report. profits, not-for-profit institutions, farms, FOR FURTHER INFORMATION CONTACT: Ms. DEPARTMENT OF COMMERCE the Federal Government, and state, local Kimberly Damon-Randall, NMFS, or tribal governments. Northeast Regional Office, (978) 281– Patent and Trademark Office Frequency: On occasion. 9300 x6535, or Marta Nammack, NMFS, Respondent’s Obligation: Required to Submission for OMB Review; HQ, (301) 713-1401 x180, or Jennifer obtain or retain benefits. Comment Request Moore, NMFS Southeast Regional OMB Desk Officer: David Rostker, Office, (727) 824–5312. The United States Patent and (202) 395–3897. SUPPLEMENTARY INFORMATION: On Trademark Office (USPTO) has Copies of the above information January 11, 2005, NMFS received the submitted to the Office of Management collection proposal can be obtained by petition to list eastern oyster and Budget (OMB) for clearance the any of the following methods:

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• E-mail: [email protected]. burnetii peptide antigens and FOR FURTHER INFORMATION CONTACT: Dr. Include ‘‘0651–0045 copy request’’ in recombinant DNA encoding the Charles Schlagel, Director, Office of the subject line of the message. peptides. Technology Transfer, Naval Medical • Fax: 571–273–0112, marked to the Patent application Serial Number 10/ Research Center, 503 Robert Grant Ave., attention of Susan Brown. 934,686, entitled ‘‘Hospital and Clinic Silver Spring, MD 20910–7500, • Mail: Susan K. Brown, Records Emergency Preparedness Optimization telephone 301–319–7428 or e-mail at: Officer, Office of the Chief Information System’’ filed on September 3, 2004. [email protected]. The present invention relates to hospital Officer, Office of Data Architecture and Dated: October 31, 2005. Services, Data Administration Division, and ambulatory clinic emergency I.C. Le Moyne Jr., U.S. Patent and Trademark Office, PO management systems. Box 1450, Alexandria, VA 22313–1450. Patent application Serial Number 60/ Lieutenant Commander, Judge Advocate Written comments and 683,787 entitled ‘‘Anti-Adhesin Based General’s Corps, U.S. Navy, Alternate Federal Register Liaison Officer. recommendations for the proposed Passive Immunoprophylactic’’ filed on information collection should be sent on May 24, 2005. The present invention [FR Doc. 05–22516 Filed 11–10–05; 8:45 am] or before December 14, 2005 to David relates to a pharmaceutical useful in BILLING CODE 3810–FF–P Rostker, OMB Desk Officer, Room conferring passive protection against 10202, New Executive Office Building, diarrhea caused by enterotoxigenic DEPARTMENT OF DEFENSE 725 17th Street NW., Washington, DC Esherichia coli. Patent application Serial Number 60/ 20503. Department of the Navy 709,804 entitled ‘‘A Method for the Dated: November 7, 2005. Evaluation of Dengue Virus Therapeutic Susan K. Brown, Notice of Performance Review Board Agents’’ filed on August 22, 2005. The Membership Records Officer, USPTO, Office of the Chief present invention relates to a method for Information Officer,Office of Data evaluating the immunogenicity and AGENCY: Department of the Navy, DOD. Architecture and Services, Data efficacy of vaccine or drug formulations Administration Division. ACTION: Notice. against dengue virus using a pig or [FR Doc. 05–22529 Filed 11–10–05; 8:45 am] porcine cells as models of infection and SUMMARY: Pursuant to 5 U.S.C. BILLING CODE 3510–16–P pathogenicity. 4314(c)(4), the Department of the Navy Patent application Serial Number 60/ (DON) announces the appointment of 715,578 entitled ‘‘Potts Reagent members to the DON’s numerous Senior DEPARTMENT OF DEFENSE Alcohol-Solvent Extraction System’’ Executive Service (SES) Performance filed on September 12, 2005. This Review Boards (PRBs). The purpose of Department of the Navy invention relates to a method for the PRBs is to provide fair and impartial decontaminating alcohol so that it may review of the annual SES performance Notice of Availability of Government- be recycled in histology and other appraisal prepared by the senior Owned Inventions; Available for laboratory settings. executive’s assigned rating officials; to Licensing Patent application serial Number, 60/ make recommendations to authorizing AGENCY: Department of the Navy, DOD. 722,086, entitled ‘‘Immunogenic officials regarding acceptance or ACTION: Notice. Capsule Composition for Use as a modification of the performance rating; Vaccine Against Campylobacter Jejuni’’ and to make recommendations for SUMMARY: The Department of the Navy filed September 21, 2005. This performance bonuses and basic pay hereby gives notice of the availability of invention relates to a pharmaceutical increases. Composition of the specific exclusive or partially exclusive licenses useful in conferring protection against PRBs will be determined on an ad hoc to practice worldwide under the diarrhea caused by Campylobacter basis from among individuals listed following pending patents. Any license jejuni and a method of administering below: granted shall comply with 35 U.S.C. 209 said pharmaceutical. ACKLEY, V. MR. and 37 CFR Part 404. Applications will Patent application Serial Number 60/ ADAMS, P. MS. be evaluated utilizing the following 627,811 entitled ‘‘Diagnostic Assay for ALLES, R. BGEN criteria: (1) Ability to manufacture and Rickettsial prowazekii Disease By BACHMANN, M. RDML market the technology; (2) Detection of Responsive Gene BARBER III, A. MR. manufacturing and marketing ability; (3) Expression’’ filed on November 10, BARNUM, H. MR. time required to bring technology to 2004. The present invention relates to a BELAND, R. DR. market and production rate; (4) method of diagnosing epidemic typhus BETRO, T. MR. royalties; (5) technical capabilities; and caused by the bacteria Rickettsia BLAIR, A. MS. (6) small business status. prowazekii by analysis of modulation of BONWICH, S. MR. Patent application Serial Number 60/ host gene expression. The method BRANT, D. MR. 642,771 entitled ‘‘Fimbrial Adhesin as contemplates the use of micro-array BRENNAN, A. MS. Vaccine Against Escherichia Coli’’ filed technology for the detection and BROTHERTON, A. MS. on January 11, 2005. The present analysis of gene up or down regulation BURNS, J. RADM invention relates to the field of inducing in response to bacterial infection. CALI, R. MR. an immune response against DATES: Applications for an exclusive or CIESLAK, R. MR. diarrheagenic bacteria including partially exclusive license may be COCKHRANE, E. MR. enterotoxigenic Escherichia coli using submitted at any time from the date of COOK, C. MR. bacterial fimbriae components. this notice. COX, A. MR. Patent application Serial Number 60/ ADDRESSES: Submit application to the CRABTREE, T. MR. 668,591 entitled ‘‘Recombinant Office of Technology Transfer, Naval CREEDON, C. MR. Antigens for the Detection of Coxiella Medical Research Center, 503 Robert CWALINA, B. MR. Burnetii’’ filed on April 6, 2005. The Grant Ave., Silver Spring, MD 20910– DECKER, J. MS. present invention relates to Coxiella 7500. DECKER, M. MR.

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DEITCHMAN, M. MR. RODRIGUEZ, W. RADM Estimated Available Funds: The DEWITTE, C. MS. RONDEAU, A. VADM Administration’s budget request for FY DUNN, S. MR. ROWE, M. MR. 2006 does not include funds for this EASTER, S. MS. RYZEWIC, W. MR. program. However, we are inviting EASTON, M. MR. SAUL, E. MR. applications to allow enough time to ERLAND, C. MS. SCHUBERT, D. CAPT complete the grant process if Congress EVAN, G. MS. SHEPARD, M. MS. should decide to appropriate funds for FRANTZ, G. MR. SLOCUM, W. MR. this program. GALGANO, M. MR. SMITH, R. F. MR. Estimated Range of Awards: GARDNER, E. LTGEN SOLHAN, G. MR. $220,000–$3,600,000. GIACCHI, C. A. MR. SOMOROFF, A. DR. Estimated Average Size of Awards: GLAS, R. A. MR. SORENSEN, D. CAPT $309,000. GODDARD, C. H. RDML TAMBURRINO, JR, P. MR. Maximum Award: We will not fund GODWIN, A. MS. TESCH, T. MR. any application at an amount exceeding GOODHART, J. MR. THACKRAH, J. MR. the maximum amounts specified below GRECO, R. THE HONORABLE THOMSEN, J. MR. for a single budget period of 12 months. GREENING, M. MS. TIMME, W. RDML We may choose not to further consider GUARD, H. DR. TOLHURST, R. A. MR. or review applications with budgets that HALVORSEN, T. MR. WARD, J. MR. exceed the maximum amounts specified HAMILTON, C. RADM WENNERGREN, D. MR. below, if we conclude, during our initial HANSON, H. MR. WHITEHEAD, S. MR. review of the application, that the HAYNES, R. MR. WHITTEMORE, A. MS. proposed goals and objectives cannot be HERR, F. DR. WIERINGA, J. RADM obtained with the specified maximum HILDEBRANDT, A. MR. WILLIAMS, G. MR. amount. HOGUE, R. MR. WINOKUR, R. MR. • For an applicant who is not HOLCOMB, K. MS. YOUNG, C. RADM currently receiving a TS Program grant, HONECKER, M. MR. YOUNG, D. MR. the maximum award amount is HOWARD, J. MR. YOUNG, J. THE HONORABLE $220,000 for a project that will serve a JAGGARD, M. MR. minimum of 600 eligible participants. FOR FURTHER INFORMATION CONTACT: Ms. JOHNSTON, K. DR. • For an applicant who is currently Sheeler Kowalewski, Office of Civilian JUNKER, B. DR. receiving a TS Program grant the Human Resources, telephone 202–685– KASKIN, J. MR. maximum award is—the greater of (a) 6693. KLIEN, J. MR. $220,000 or (b) an amount equal to 103 KLEINTOP, M. MS. Dated: October 28, 2005. percent of the applicant’s prior grant KOWBA, W. RADM I. C. Le Moyne Jr., award amount for FY 2005. KRAMLICH, R. LTGEN Lieutenant Commander, Judge Advocate Estimated Number of Awards: 469. KRASIK, S. MS. General’s Corps, U.S. Navy, Alternate Federal LA RAIA, J. MR. Note: The Department is not bound by any Register Liaison Officer. estimates in this notice. LAUX, T. MR. [FR Doc. 05–22515 Filed 11–10–05; 8:45 am] LEACH, R. MR. BILLING CODE 3810–FF–P Project Period: Up to 60 months. LEIKACH, K. MR. LOCKLEAR, S. RADM Full Text of Announcement LOFTUS, J. MS. I. Funding Opportunity Description LONG, L. A. MS. DEPARTMENT OF EDUCATION Purpose of Program: The purpose of LOWELL, P. MR. Office of Postsecondary Education; the TS Program is to identify qualified LUCCHINO, C. MS. Overview Information; Talent Search youths with potential for education at MASCIARELLI, J. MR. Program; Notice Inviting Applications the postsecondary level and encourage MCCORMACK, D. MR. for New Awards for Fiscal Year (FY) them to complete secondary school and MCCOY, K. RDML 2006 undertake a program of postsecondary MCLAUGHLIN, P. MR. MCNAIR, J. MR. education. TS projects also publicize the MEADOWS, L. MS. Catalog of Federal Domestic Assistance availability of student financial (CFDA) Number: 84.044A MOHLER, M. MR. assistance for persons who seek to MOLZAHN, W. MR. Dates: Applications available: pursue postsecondary education and MONTGOMERY, J. DR. November 14, 2005. encourage persons who have not MOORE, S. MR. Deadline for Transmittal of completed programs at the secondary or MORA, A. THE HONORABLE Applications: January 6, 2006. postsecondary level to reenter these MUTH, C. MS. Deadline for Intergovernmental programs. NAVAS, W. THE HONORABLE Review: March 7, 2006. Program Authority: 20 U.S.C. 1070a– NEWTON, L. MS. Eligible Applicants: Institutions of 12. O’NEIL, S. MR. higher education; public or private Applicable Regulations: (a) The ORNER, J. G. MR. agencies or organizations; combinations Education Department General OSMAN, H. LTGEN of institutions, agencies, and Administrative Regulations (EDGAR) in PENN, B. THE HONORABLE organizations; and secondary schools 34 CFR parts 74, 75, 77, 79, 80, 81, 82, PLUNKETT, B MR. under exceptional circumstances, such 84, 85, 86, 97, 98 and 99. (b) The TS RAPS, S. MS. as if there is no institution, agency, or Program regulations in 34 CFR part 643. REEVES, C. MR. organization capable of carrying out a Note: The regulations in 34 CFR Part 79 RHODES, M. MR. Talent Search (TS) project in the apply to all applicants except federally ROARK, JR. J. MR. proposed target area. recognized Indian Tribes.

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Note: The regulations in 34 CFR Part 86 IV. Application and Submission 3. Submission Dates and Times: apply to institutions of higher education Information Applications Available: November 14, only. 1. Address to Request Application 2005. Deadline for Transmittal of II. Award Information Package: Loretta Brown or Craig Pooler, U.S. Department of Education, 1990 K Applications: January 6, 2006. Type of Award: Discretionary grants. Street, NW., Suite 7000, Washington, Applications for grants under this Estimated Available Funds: The DC 20006–8510. Telephone: (202) 502– program must be submitted Administration’s budget request for FY 7600 or by e-mail: [email protected]. electronically using the Grants.gov 2006 does not include funds for this If you use a telecommunications Apply site http://www.grants.gov. For program. However, we are inviting device for the deaf (TDD), you may call information (including dates and times) applications to allow enough time to the Federal Relay Service (FRS) at 1– about how to submit your application complete the grant process if Congress 800–877–8339. electronically or by mail or hand appropriates funds for this program. Individuals with disabilities may delivery if you qualify for an exception Estimated Range of Awards: obtain a copy of the application package to the electronic submission $220,000—$3,600,000. in an alternative format (e.g., Braille, requirement, please refer to Section IV. Estimated Average Size of Awards: large print, audiotape, or computer 6. Other Submission Requirements in $309,000. diskette) by contacting either of the this notice. Deadline for Intergovernmental Maximum Award: We will not fund program contact persons listed in this Review: March 7, 2006. any application at an amount exceeding section. 4. Intergovernmental Review: This the maximum amounts specified below 2. Content and Form of Application program is subject to Executive Order for a single budget period of 12 months. Submission: Requirements concerning 12372 and the regulations in 34 CFR We may choose not to further consider the content of an application, together Part 79. Information about or review applications with budgets that with the forms you must submit, are in Intergovernmental Review of Federal exceed the maximum amounts specified the application package for this Programs under Executive Order 12372 below, if we conclude, during our initial program. is in the application package for this review of the application, that the Page Limit: The application narrative program. proposed goals and objectives cannot be is where you, the applicant, address the selection criteria that reviewers use to 5. Funding Restrictions: We reference obtained with the specified maximum the regulations outlining funding amount. evaluate your application. You must • limit the section of the narrative that restrictions in the Applicable For an applicant who is not Regulations section of this notice. currently receiving a TS Program grant, addresses the selection criteria to the equivalent of no more than 75 pages, 6. Other Submission Requirements: the maximum award amount is Applications for grants under this $220,000 for a project that will serve a using the following standards: • A ‘‘page’’ is 8.5″ x 11″, on one side program must be submitted minimum of 600 eligible participants. only, with 1″ margins at the top, bottom, electronically unless you qualify for an • For an applicant who is currently and both sides. exception to this requirement in receiving a TS Program grant the • Double space (no more than three accordance with the instructions in this maximum award is—the greater of (a) lines per vertical inch) all text in the section. $220,000 or (b) an amount equal to 103 application narrative, except titles, a. Electronic Submission of percent of the applicant’s grant award headings, footnotes, quotations, Applications. amount for FY 2005. references, captions and all text in Applications for grants under the TS Estimated Number of Awards: 469. charts, tables, and graphs. Program—CFDA Number 84.044A must • be submitted electronically using the Note: The Department is not bound by any Use one of the following fonts: estimates in this notice. Times New Roman, Courier, Courier Grants.gov Apply site at: http:// New or Arial. Applications submitted in www.grants.gov. Through this site, you Project Period: Up to 60 months. any other font (including Times Roman will be able to download a copy of the III. Eligibility Information and Arial Narrow) will not be accepted. application package, complete it offline, • Use size 12-point font. and then upload and submit your 1. Eligible Applicants: Institutions of The page limit does not apply to Part application. You may not e-mail an higher education; public or private I, the application for federal assistance electronic copy of a grant application to agencies or organizations; combinations face sheet (SF 424); the supplemental us. of institutions, agencies, and information form required by the We will reject your application if you organizations; and secondary schools in Department of Education; Part II, the submit it in paper format unless, as exceptional circumstances, such as if budget information summary form (ED described elsewhere in this section, you there is no institution, agency, or Form 524); and Part IV, the assurances qualify for one of the exceptions to the organization capable of carrying out a and certifications. The page limit also electronic submission requirement and TS project in the proposed target area. does not apply to a table of contents. If submit, no later than two weeks before 2. Cost Sharing or Matching: This you include any attachments or the application deadline date, a written program does not involve cost sharing appendices, these items will be counted statement to the Department that you or matching. as part of the Program Narrative (Part III) qualify for one of these exceptions. 3. Other: An applicant may submit for purposes of the page limit Further information regarding more than one application, if each requirement. You must include your calculation of the date that is two weeks separate application describes a project complete response to the selection before the application deadline date is that will serve different target schools criteria in the program narrative. provided later in this section under and service areas. A secondary school We will reject your application if— Exception to Electronic Submission applicant must submit a certification • You apply these standards and Requirement. that there is no other eligible entity in exceed the page limit; or You may access the electronic grant the proposed target area that is capable • You apply other standards and application for the Talent Search of carrying out a TS project. exceed the equivalent of the page limit. Program at: http://www.grants.gov. You

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must search for the downloadable • You must submit all documents technical problems with the Grants.gov application package for this program by electronically, including all information system. We will not grant you an extension the CFDA number. Do not include the typically included on the Application if you failed to fully register to submit your CFDA number’s alpha suffix in your for Federal Education Assistance (SF application to Grants.gov before the deadline search. date and time or if the technical problem you 424), Budget Information—Non- experienced is unrelated to the Grants.gov Please note the following: Construction Programs (ED 524), and all system. • When you enter the Grants.gov site, necessary assurances and certifications. you will find information about You must attach any narrative sections Exception to Electronic Submission submitting an application electronically of your application as files in a .DOC Requirement: You qualify for an through the site, as well as the hours of (document), .RTF (rich text), or .PDF exception to the electronic submission operation. (Portable Document) format. If you requirement, and may submit your • Applications received by Grants.gov upload a file type other than the three application in paper format, if you are are time and date stamped. Your file types specified above or submit a unable to submit an application through application must be fully uploaded and password protected file, we will not the Grants.gov system because— • submitted, and must be date/time review that material. You do not have access to the stamped by the Grants.gov system no • Your electronic application must Internet; or • later than 4:30 p.m., Washington, DC comply with any page limit You do not have the capacity to time, on the application deadline date. requirements described in this notice. upload large documents to the Except as otherwise noted in this • After you electronically submit Grants.gov system; and • section, we will not consider your your application, you will receive an No later than two weeks before the application if it is date/time stamped by automatic acknowledgment from application deadline date (14 calendar the Grants.gov system later than 4:30 Grants.gov that contains a Grants.gov days or, if the fourteenth calendar day p.m., Washington, DC time, on the tracking number. The Department will before the application deadline date application deadline date. When we retrieve your application from falls on a federal holiday, the next retrieve your application from Grants.gov and send you a second business day following the federal Grants.gov, we will notify you if we are confirmation by e-mail that will include holiday), you mail or fax a written rejecting your application because it a PR/Award number (an ED-specified statement to the Department, explaining was date/time stamped by the identifying number unique to your which of the two grounds for an Grants.gov system after 4:30 p.m., application). exception prevent you from using the Washington, DC time on the application • We may request that you provide us Internet to submit your application. If deadline date. you mail your written statement to the • original signatures on forms at a later The amount of time it can take to date. Department, it must be postmarked no upload an application will vary Application Deadline Date Extension later than two weeks before the depending on a variety of factors in Case of Technical Issues with the application deadline date. If you fax including the size of the application and Grants.gov System: If you are prevented your written statement to the the speed of your Internet connection. from electronically submitting your Department, we must receive the faxed Therefore, we strongly recommend that application on the application deadline statement no later than two weeks you do not wait until the application date because of technical problems with before the application deadline date. deadline date to begin the submission the Grants.gov system, we will grant you Address and mail or fax your process through Grants.gov. statement to: Geraldine Smith, U.S. • an extension until 4:30 p.m., You should review and follow the Washington, DC time, the following Department of Education, 1990 K Street, Education Submission Procedures for business day to enable you to transmit NW., Room 7000, Washington, DC submitting an application through your application electronically, or by 20006–8510. FAX: (202) 502–7857. Grants.gov that are included in the hand delivery. You also may mail your Your paper application must be application package for this program to application by following the mailing submitted in accordance with the mail ensure that you submit your application instructions as described elsewhere in or hand delivery instructions described in a timely manner to the Grants.gov this notice. If you submit an application in this notice. system. You can also find the Education after 4:30 p.m., Washington, DC time, on b. Submission of Paper Applications Submission Procedures pertaining to the deadline date, please contact either by Mail. If you qualify for any exception to the Grants.gov at http://e-Grants.ed.gov/ of the persons listed elsewhere in this help/ electronic submission requirement, you notice under FOR FURTHER INFORMATION GrantsgovSubmissionProcedures.pdf may mail (through the U.S. Postal CONTACT, and provide an explanation of • To submit your application via Service or a commercial carrier), your the technical problem you experienced Grants.gov, you must complete all the application to the Department. You with Grants.gov, along with the steps in the Grants.gov registration must mail the original and three copies Grants.gov Support Desk Case Number process (see http://www.grants.gov/ of your application, on or before the (if available). We will accept your GetStarted) and provide on your application deadline date, to the application if we can confirm that a application the same D–U–N–S Number Department at the applicable following technical problem occurred with the used with this registration. Please note address: Grants.gov system and that that problem that the registration process may take By mail through the U.S. Postal affected your ability to submit your five or more business days to complete. Service: U.S. Department of Education, application by 4:30 p.m., Washington, • You will not receive additional Application Control Center, Attention: DC time, on the application deadline point value because you submit your (CFDA Number 84.044A), 400 Maryland date. The Department will contact you application in electronic format, nor Avenue, SW., Washington, DC 20202– after a determination is made on will we penalize you if you qualify for 4260, or an exception to the electronic whether your application will be By mail through a commercial carrier: submission requirement, as described accepted. U.S. Department of Education, elsewhere in this section, and submit Note: Extensions referred to in this section Application Control Center—Stop 4260, your application in paper format. apply only to the unavailability of or Attention: (CFDA Number 84.044A),

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7100 Old Landover Road, Landover, MD V. Application Review Information performance and financial expenditures 20785–1506. 1. Selection Criteria: The selection information as specified by the Regardless of which address you use, criteria for this program competition are Secretary in 34 CFR 75.118. you must show proof of mailing in 34 CFR 643.21 and are discussed in 4. Performance Measures: The success consisting of one of the following: greater detail in the application package. of the TS Program is measured by the (1) A legibly dated U.S. Postal Service TS Program participants’ success in postmark, Note: Under the ‘‘Objectives’’ selection (2) A legible mail receipt with the criterion, 34 CFR 643.21(b), applicants must increasing secondary school date of mailing stamped by the U.S. address both outcome and process objectives promotions, secondary school Postal Service, that are related to each of the purposes of the graduations, applications for student (3) A dated shipping label, invoice, or TS program in 34 CFR 643.1. The application financial aid, applications for package for this program specifies the receipt from a commercial carrier, or postsecondary education admissions, following five objectives related to the and postsecondary education (4) Any other proof of mailing purposes of the TS program: Increasing acceptable to the Secretary of the U.S. secondary school promotion, increasing enrollment. All TS Program grantees Department of Education. secondary school graduation, increasing will be required to submit an annual If you mail your application through applications for student financial aid, performance report. the U.S. Postal Service, we do not increasing applications for postsecondary accept either of the following as proof education admissions, and increasing VII. Agency Contacts of mailing: postsecondary education enrollment. The Talent Search Program Profile page in the For Further Information Contact: (1) A private metered postmark, or Loretta Brown or Craig Pooler, U.S. (2) A mail receipt that is not dated by application package details more specific information that applicants must submit Department of Education, 1990 K Street, the U.S. Postal Service. regarding these five objectives. Applicants NW., suite 7000, Washington, DC If your application is postmarked after may, but are not required to, develop 20006–8510. Telephone: (202) 502–7600 the application deadline date, we will additional objectives for their project. not consider your application. or by e-mail: [email protected]. 2. Review and Selection Process: The If you use a telecommunications Note: The U.S. Postal Service does not Secretary will select an application for device for the deaf (TDD), you may call uniformly provide a dated postmark. Before funding in rank-order, based on the the Federal Relay Service (FRS) at 1– relying on this method, you should check application’s total score for the selection with your local post office. 800–877–8339. criteria and prior experience, pursuant c. Submission of Paper Applications to 34 CFR 643.20 through 643.22. If Individuals with disabilities may by Hand Delivery. there are insufficient funds for two or obtain this document in an alternative If you qualify for an exception to more applications with the same total format (e.g., Braille, large print, electronic submission requirement, you scores, the Secretary will choose among audiotape, or computer diskette) on (or a courier service) may deliver your the tied applications so as to serve request to the program contact persons paper application to the Department by geographical areas and eligible listed in this section. hand. You must deliver the original and populations that have been underserved VIII. Other Information three copies of your application, by by the TS Program. hand, on or before the application VI. Award Administration Information Electronic Access to This Document: deadline date, to the Department at the You may view this document, as well as following address: U.S. Department of 1. Award Notices: If your application all other documents of this Department Education, Application Control Center, is successful, we notify your U.S. published in the Federal Register, in Attention: (CFDA Number 84.044A), Representative and U.S. Senators and text or Adobe Portable Document 550 12th Street, SW., Room 7041, send you a Grant Award Notice (GAN). Format (PDF) on the Internet at the We may also notify you informally. Potomac Center Plaza, Washington, DC following site: http://www.ed.gov/news/ If your application is not evaluated or 20202–4260. fedregister. The Application Control Center accepts not selected for funding, we notify you. To use PDF you must have Adobe hand deliveries daily between 8 a.m. 2. Administrative and National Policy Acrobat Reader, which is available free and 4:30 p.m., Washington, DC time, Requirements: We identify except Saturdays, Sundays, and Federal administrative and national policy at this site. If you have questions about holidays. requirements in the application package using PDF, call the U.S. Government and reference these and other Printing Office (GPO), toll free, at 1– Note for Mail or Hand Delivery of Paper requirements in the Applicable 888–293–6498; or in the Washington, Applications: If you mail or hand deliver Regulations section of this notice. DC area at (202) 512–1530. your application to the Department: We reference the regulations outlining (1) You must indicate on the envelope the terms and conditions of an award in Note: The official version of this document and—if not provided by the Department—in is the document published in the Federal Item 4 of the Application for Federal the Applicable Regulations section of Register. Free Internet access to the official Education Assistance (SF 424) the CFDA this notice and include these and other number—and suffix letter, if any—of the specific conditions in the GAN. The edition of the Federal Register and the Code competition under which you are submitting GAN also incorporates your approved of Federal Regulations is available on GPO your application. application as part of your binding Access at: www.gpoaccess.gov/nara/ (2) The Application Control Center will commitments under the grant. index.html. mail a grant application receipt 3. Reporting: At the end of your Dated: November 8, 2005. acknowledgment to you. If you do not receive project period, you must submit a final the grant application receipt performance report including financial Sally L. Stroup, acknowledgment within 15 business days Assistant Secretary for Postsecondary from the application deadline date, you information as directed by the Secretary. Education. should call the U.S. Department of Education If you receive a multi-year award, you Application Control Center at (202) 245– must provide an annual performance [FR Doc. 05–22554 Filed 11–10–05; 8:45 am] 6288. report that provides the most current BILLING CODE 4000–01–P

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DEPARTMENT OF ENERGY Inc., Federal Energy Sales, Inc., First Electric hearing and settlement judge procedures Cooperative Corporation, First Power, LLC, to determine whether and in what Federal Energy Regulatory FMF Energy, Inc., Gelber Group, Inc., George amount these entities should be Commission Colliers, Inc., GNA Energy, LLC, Golden required to disgorge their profits from Valley Power Company, Hinson Power these sales. In addition, this order Order Revoking Market-Based Rate Company, LLC, Holt Company of Ohio, ICC Energy Corporation, IEP Power Marketing, accepts filings notifying the Authority, Establishing Hearing and Commission that certain entities were Settlement Judge Procedures, and LLC, INFINERGY Services, LLC, InPower Marketing Corporation, IPP Energy LLC, It’s inadvertently included in the May 31 Terminating Section 206 Proceeding Electric &Gas, L.L.C., J. Anthony & Associates Order.2 Issued November 3, 2005. Ltd, Kaztex Energy Ventures, Inc., Kimball Power Company, Kloco Corporation, Lambda Background Before Commissioners: Joseph T. Kelliher, Energy Marketing Company, Longhorn Chairman; Nora Mead Brownell, and Power, LP, Lumberton Power, LLC, 2. As a condition of receiving market- Suedeen G. Kelly. Marquette Energy, LLC, Metro Energy Group, based rate authority, the Commission In the matter of: ER98–3809–000, ER97– LLC, Michigan Gas Exchange, L.L.C., Mid– requires market-based rate sellers to 2867–000, ER98–4685–000, ER00–105–000, American Resources, Inc., Morrow Power, submit an updated market power ER97–512–000, ER00–861–000, ER97–2132– LLC, MPC Generating, LLC, National Power analysis every three years 3 to allow the 000, ER01–2355–000, ER00–679–000, ER98– Exchange Corp., National Power Management 701–000, ER01–1701–000, ER00–2945–000, Commission to evaluate the Company, Natural Gas Trading Corporation, reasonableness of their charges and to ER01–2138–000, ER90–225–000, ER99–964– Nautilus Energy Company, Navitas, Inc., New 000, ER97–1968–000, ER05–737–000, ER98– Millennium Energy Corp., NGTS Energy provide for ongoing monitoring of their 1790–000, ER96–2624–000, ER01–2071–000, Services, Nine Energy Services, LLC, North ability to exercise market power. In the ER94–1161–000, ER94–1099–000, ER99– American Energy Conservation, Inc., North absence of an updated market power 3098–000, ER98–2020–000, ER98–2918–000, Atlantic Utilities Inc., North Carolina Power analysis, the Commission cannot ER96–358–000, ER01–2221–000, ER96–138– Holdings, LLC, North Star Power Marketing, exercise its statutory duty to ensure that 000, ER99–254–000, ER98–3233–000, ER01– LLC, North Western Energy Marketing, LLC, market-based rates are just and 666–000, ER97–382–000, ER96–918–000, Northeast Electricity Inc., Northeast Empire ER00–1258–000, ER97–3580–000, ER02– reasonable and that market-based rate L.P. #2, Northwest Regional Power, LLC, sellers continue to lack the potential to 687–000, ER96–1933–000, ER01–1078–000, Northwestern Wind Power, LLC, Oceanside ER01–2405–000, ER98–4334–000, ER01– Energy, Inc., Old Mill Power Company, Peak exercise market power so that market 3023–000, ER01–2129–000, ER96–1819–000, Energy, Inc., Peak Power Generating forces are in fact determining the price. ER95–802–000, ER98–3478–000, ER00– Company, Power Dynamics, Inc., Power 3. In the May 31 Order, the 1519–000, ER01–688–000, ER00–2306–000, Management Co., LLC, Power Providers Inc., Commission announced its policy with ER95–784–000, ER95–295–000, ER95–232– Power Systems Group, Inc., Powertec 000, ER03–1259–000, ER94–1672–000, respect to entities that have failed to International, LLC, Pro–Energy Development comply with the conditions under ER02–30–000, ER01–1507–000, ER00–1781– LLC, Progas Power Inc., PS Energy Group, 000, ER99–801–000, ER99–1156–000, ER95– Inc., Questar Energy Trading Company, which the Commission granted them 78–000, ER01–2509–000, ER02–1238–000, Renewable Energy Resources LLC, SEMCOR market-based rate authority, namely, the ER94–1593–000, ER95–192–000, ER01–352– Energy, Sunrise Power Company, Symmetry requirement to submit an updated or 000, ER98–2618–000, ER99–2537–000, Device Research, Inc., The Energy Group of revised market power analysis. In that ER97–2681–000, ER96–2892–000, ER98– America, Inc., Tiger Natural Gas, Inc., order, the Commission directed these 1915–000, ER94–152–000, ER97–1716–000, TransAlta Centralia Generation LLC, market-based rate sellers to file their ER01–904–000, ER98–622–000, ER02–41– TransAlta Energy Marketing (US) Inc., updated or revised market analyses 000, ER98–3048–000, ER98–1125–000, TransAlta Energy Marketing Corp. (US), ER01–1479–000, ER02–845–000, ER97–181– within 60 days from the issuance of that Travis Energy & Environment, Inc., TXU order or to provide satisfactory support 000, ER99–2883–000, ER95–379–000, ER03– Electric Delivery Company, U.S. Power & 372–000, ER01–1821–000, ER99–3275–000, Light, Inc., VIASYN, Inc., Walton County for why they should not be required to ER96–2303–000, ER97–3187–000, ER96–1– Power, LLC, Western Energy Marketers, Inc. do so. The Commission also established 000, ER01–2463–000, ER95–968–000, ER99– a refund effective date under section 1876–000, ER96–404–018 ER02–809–000, 1. In this order, the Commission 206 of the Federal Power Act (FPA) for ER96–1516–000, ER01–2217–002 ER96– revokes the market-based rate authority the protection of customers.4 2524–000, ER01–2694–000, ER01–373–002, of the companies that failed to comply ER00–494–000, ER98–1055–000, ER01– with the Commission’s May 31, 2005 4. On June 8, 2005, in response to the 3148–000, ER01–2234–000, ER04–957–000, Order 1 and the conditions under which May 31 Order, Questar Energy Trading ER96–105–000, ER01–1709–000, ER02– the Commission granted them market- Company (Questar) filed only a 1046–000, ER98–537–000, EL05–111–000; 3E based rate authority. In addition, the statement that there has been no change Technologies, Inc., AC Power Corporation, in the facts relied upon by the ACN Power, Inc., AI Energy, Inc., A’Lones Commission will revoke the market- based rate authority of two entities who Commission when it initially granted Group, Inc., Alrus Consulting, LLC, Atlantic Questar market-base rate authority. Energy Technologies, I Inc., Beacon responded to the May 31 Order, but did Generating, LLC, Black River Power, LLC, so in a patently deficient manner. The 5. On June 28, 2005, in response to California Polar Power Broker, L.L.C., market-based rate tariffs of these entities the May 31 Order, Tiger Natural Gas, Callaway Golf Company, Candela Energy are terminated effective on the date of Inc. (Tiger) refiled its initial application Corporation, Capital Energy, Inc., Chicago issuance of this order. Furthermore, we for market-based rates, which it Electric Trading, L.L.C., Cielo Power Market, will direct these entities to inform the originally filed November 6, 2000. L.P., Colonial Energy, Inc., Commerce Energy Commission whether they have made Inc., Competisys LLC, Cumberland Power, 2 Inc., Desert Power, L.P., Direct Electric Inc., any sales pursuant to their market-based The Commission has also received a number of Eclipse Energy, Inc., EGC 1999 Holding rate tariffs after the refund effective date updated and revised market power analyses in established in this proceeding, and, for response to the May 31 Order, which will be Company, L.P., Energy Clearinghouse Corp., addressed in a separate order. Energy PM, Inc., Energy Resource those entities that have made such sales 3 See, e.g., Western Resources, Inc., 94 FERC ¶ Management Corp., Energy Transfer–Hanover or that fail to respond, we will establish 61,050 at 61,247 (2001); Entergy Services, Inc., 58 Ventures, LP, EnergyOnline, Inc., ENMAR FERC ¶ 61,234 at 61,760 (1992); PSI Energy, Inc., Corporation, Environmental Resources Trust, 1 3E Technologies, Inc., 111 FERC ¶ 61,295 (2005) 51 FERC ¶ 61,367 at 62,209 (1990). Inc., EWO Marketing, L.P., Exact Power Co., (May 31 Order). 4 16 U.S.C. 824e (2000).

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Discussion Commission will terminate the section (A) The market-based rate authority of Revocation of Market-Based Rate 206 proceeding with respect to them the entities listed in Appendix A, Authority and Termination of Market- and will not impose the remedy of Questar, and Tiger is hereby revoked. Based Rate Tariffs disgorgement. The market-based rate tariffs of those 10. For any entities that inform the entities are terminated effective on the 6. The entities listed in Appendix A Commission that they have made such date of issuance of this order and any of this order have made no filing in sales or that fail to respond, we will waivers and authorizations previously response to the Commission’s May 31 establish hearing and settlement judge granted in connection with the market- Order. In the May 31 Order, we stated procedures to determine whether and in based rate authority of these entities are that we would revoke the market-based what amount these entities should be no longer applicable. rate authority and terminate the market- required to disgorge their profits from (B) The entities listed in Appendix A, based rate tariff of any market-based rate these sales. These entities have failed to Questar, and Tiger are directed to seller that failed to file the required comply with the conditions of their inform the Commission within five days updated or revised market power market-based rate authorizations, of the issuance of this order whether analysis. Accordingly, we hereby revoke namely, the obligation to file an updated they have made any sales pursuant to the market-based rate authority of the market power analysis when requested their market-based rate tariffs after the entities identified in Appendix A of this to do so by the Commission. Their refund effective date established in this order and terminate their market-based failure to comply with this express proceeding, as discussed above. rate tariffs, effective on the date of obligation impeded the Commission’s (C) Pursuant to the authority issuance of this order. ability to ensure that utilities do not contained in and subject to the 7. We find that the filings submitted acquire market power and that rates jurisdiction conferred upon the Federal by Questar and Tiger do not satisfy the remain just and reasonable. Under these Energy Regulatory Commission by Commission’s directive in the May 31 circumstances, we find that section 402(a) of the Department of Order. We note that Questar did not disgorgement of the profits earned on Energy Organization Act and by the submit any market power analysis transactions during this period is Federal Power Act, particularly sections whatsoever and instead states that there justified. 205 and 206 thereof, and pursuant to the have been no changes since its market- 11. While we are setting these matters Commission’s Rules of Practice and based rate tariff was accepted on for a trial-type evidentiary hearing, we Procedure and the regulations under the January 29, 1996. Tiger simply refiled encourage the parties to make every Federal Power Act (18 CFR, Chapter I), the same initial application for market- effort to settle their dispute before a public hearing shall be held in Docket based rate authorization that it hearing procedures are commenced. To No. EL05–111 to determine whether and submitted five years ago. The aid the parties in their settlement in what amount the entities listed in Commission requires that an updated efforts, we will hold the hearing in Appendix A, Questar, and Tiger should market power analysis contain current abeyance and direct that a settlement be required to disgorge any profits from information. The submissions of judge be appointed, pursuant to Rule sales made pursuant to their market- Questar and Tiger are patently deficient 603 of the Commission’s Rules of based rate tariffs after the refund and thus fail to comply with the clear Practice and Procedure.5 If the parties effective date established in this directive in the May 31 Order. desire, they may, by mutual agreement, proceeding, as discussed in the body of Accordingly, we revoke Questar’s and request a specific judge as the this order. However, the hearing shall be held in abeyance to provide time for Tiger’s market-based rate authority and settlement judge in the proceeding; settlement judge procedures, as terminate their market-based rate tariffs, otherwise, the Chief Judge will select a discussed in Paragraphs (D) and (E) effective on the date of issuance of this judge for this purpose.6 The settlement below. order. judge shall report to the Chief Judge and 8. Furthermore, any waivers and (D) Pursuant to Rule 603 of the the Commission within 60 days of the authorizations previously granted in Commission’s Rules of Practice and date of this order concerning the status connection with the market-based rate Procedure, 18 CFR 385.603 (2005), the of settlement discussions. Based on this authority of the entities listed in Chief Administrative Law Judge is report, the Chief Judge shall provide the Appendix A, Questar, and Tiger are no hereby directed to appoint a settlement parties with additional time to continue longer applicable. judge in this proceeding within fifteen their settlement discussions or provide (15) days of the date of this order. Such Disgorgement of Profits for commencement of a hearing by settlement judge shall have all powers 9. As discussed above, the May 31 assigning the case to a presiding judge. and duties enumerated in Rule 603 and Order established a refund effective date Entities Inadvertently Included in May shall convene a settlement conference as in this proceeding. If any of the entities 31 Order soon as practicable after the Chief Judge listed in Appendix A, Questar, or Tiger designates the settlement judge. If the 12. The inclusion in the May 31 Order made sales pursuant to their market- parties decide to request a specific of the entities listed in Appendix B of based rate tariffs after the refund judge, they must make their request to this order was inadvertent, and we effective date established in this the Chief Judge within five (5) days of hereby terminate the section 206 proceeding, they may be required to the date of this order. disgorge their profits from those sales. proceeding with regard to them. (E) Within sixty (60) days of the date Accordingly, we direct the entities The Commission orders: of this order, the settlement judge shall listed in Appendix A, Questar, and file a report with the Commission and 5 18 CFR 385.603 (2005). Tiger to inform the Commission within 6 If the parties decide to request a specific judge, the Chief Judge on the status of the five days of the issuance of this order they must make their joint request to the Chief settlement discussions. Based on this whether they have made such sales at Judge by telephone at (202) 502-8500 within five report, the Chief Judge shall provide the market-based rates during this period. days of this order. The Commission’s Web site parties with additional time to continue contains a list of Commission judges and a For the entities that inform the summary of their background and experience their settlement discussions, if Commission that they have not made (http://www.ferc.gov—click on Office of appropriate, or assign this case to a any such sales during this period, the Administrative Law Judges). presiding judge for a trial-type

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evidentiary hearing, if appropriate. If LLC, FMF Energy, Inc., Gelber Group, ENVIRONMENTAL PROTECTION settlement discussions continue, the Inc., George Colliers, Inc., GNA Energy, AGENCY settlement judge shall file a report at LLC, Golden Valley Power Company, [FRL–7996–4] least every sixty (60) days thereafter, Hinson Power Company, LLC, Holt informing the Commission and the Company of Ohio, ICC Energy Public Water System Supervision Chief Judge of the parties’ progress Corporation, IEP Power Marketing, LLC, Program Revisions for the State of toward settlement. INFINERGY Services, LLC, InPower Michigan (F) If settlement judge procedures fail Marketing Corporation, IPP Energy LLC, AGENCY: Environmental Protection and a trial-type evidentiary hearing is to It’s Electric & Gas, L.L.C., J. Anthony & Agency (EPA). be held, a presiding judge, to be Associates Ltd, Kaztex Energy Ventures, designated by the Chief Judge, shall, ACTION: Notice of tentative approval. Inc., Kimball Power Company, Kloco within fifteen (15) days of the date of Corporation, Lambda Energy Marketing the presiding judge’s designation, SUMMARY: Notice is hereby given that Company, Longhorn Power, LP, convene a prehearing conference in the State of Michigan is revising its these proceedings in a hearing room of Lumberton Power, LLC, Marquette approved Public Water System the Commission, 888 First Street, NE., Energy, LLC, Metro Energy Group, LLC, Supervision Program. Michigan has: Washington, DC 20426. Such a Michigan Gas Exchange, L.L.C., Mid- revised its administrative penalty conference shall be held for the purpose American Resources, Inc., Morrow authority for public water systems; adopted the Consumer Confidence of establishing a procedural schedule. Power, LLC, National Power Exchange Report Rule, which requires annual The presiding judge is authorized to Corp., National Power Management drinking water quality reports from all establish procedural dates and to rule Company, Natural Gas Trading community water systems; adopted the on all motions (except motions to Corporation, Nautilus Energy Company, Interim Enhanced Surface Water dismiss) as provided in the Navitas, Inc., New Millennium Energy Treatment Rule, which will help Commission’s Rules of Practice and Corp., NGTS Energy Services, Nine improve control of microbial pathogens Procedure. Energy Services, LLC, North American in drinking water; adopted the Stage 1 (G) The section 206 proceeding Energy Conservation, Inc., North Disinfectants and Disinfection instituted in Docket No. EL05–111–000 Atlantic Utilities Inc., North Carolina Byproducts Rule, which will set new is hereby terminated with regard to the Power Holdings, LLC, North Star Power requirements to limit the formation of entities listed in Appendix B of this Marketing, LLC, Northeast Electricity chemical disinfection byproducts in order. Inc., Northeast Empire L.P. #2, (H) The Secretary is directed to drinking water; and adopted the Public Northwest Regional Power, LLC, Notification Rule, which revises the publish a copy of this order in the Northwestern Wind Power, LLC, Federal Register. general public notification regulations Oceanside Energy, Inc., Old Mill Power (sets requirements for public water By the Commission. Company, Peak Energy, Inc., Peak systems to follow regarding the form, Magalie R. Salas, Power Generating Company, Power manner, frequency, and content of a Secretary. Dynamics, Inc., Power Management Co., public notice). EPA has determined that these Appendix A LLC, Power Providers Inc., Power Systems Group, Inc., Powertec revisions are no less stringent than the The following market-based rate International, LLC, Pro-Energy corresponding federal regulations. sellers have failed to submit a response Development LLC, Progas Power Inc., Therefore, EPA intends to approve these to the Commission’s May 31 Order. As PS Energy Group, Inc., Renewable program revisions. This approval action discussed above, we revoke the Energy Resources LLC, SEMCOR does not extend to public water systems following entities’ authority to sell Energy, Symmetry Device Research, (PWSs) in Indian Country, as that term power at market-based rates and Inc., The Energy Group of America, Inc., is defined in 18 U.S.C. 1151. By terminate their electric market-based Travis Energy & Environment, Inc., U.S. approving these rules, EPA does not rate tariffs: 3E Technologies, Inc., AC intend to affect the rights of federally Power Corporation, ACN Power, Inc., AI Power & Light, Inc., VIASYN, Inc., and Western Energy Marketers, Inc. recognized Indian tribes in Michigan, Energy, Inc., A’Lones Group, Inc., Alrus nor does it intend to limit existing rights Consulting, LLC, Astra Power, LLC, Appendix B of the State of Michigan. Atlantic Energy Technologies, Inc., Any interested party may request a Beacon Generating, LLC, Black River The following market-based rate public hearing. A request for a public Power, LLC, California Polar Power sellers were inadvertently included on hearing must be submitted by December Broker, L.L.C., Callaway Golf Company, the May 31 Order. We therefore 14, 2005, to the Regional Administrator Candela Energy Corporation, Capital terminate the section 206 proceeding at the EPA Region 5 address shown Energy, Inc., Chicago Electric Trading, instituted in Docket No. EL05–111–000 below. The Regional Administrator may L.L.C., Cielo Power Market, L.P., with regard to these entities: Commerce deny frivolous or insubstantial requests Colonial Energy, Inc., Competisys LLC, Energy, Inc., Desert Power, L.P., EWO for a hearing. However, if a substantial Cumberland Power, Inc., Direct Electric Marketing, L.P., MPC Generating, LLC, request for a public hearing is made by Inc., Eclipse Energy, Inc., EGC 1999 NorthWestern Energy Marketing, L.L.C., December 14, 2005, EPA Region 5 will Holding Company, L.P., Energy Sunrise Power Company, LLC, hold a public hearing. Clearinghouse Corp., Energy PM, Inc., TransAlta Centralia Generation LLC, If EPA Region 5 does not receive a Energy Resource Management Corp., TransAlta Energy Marketing (US) Inc., timely and appropriate request for a Energy Transfer-Hanover Ventures, LP, TransAlta Energy Marketing Corp. (US), hearing and the Regional Administrator EnergyOnline, Inc., ENMAR TXU Electric Delivery Company, and does not elect to hold a hearing on his Corporation, Environmental Resources Walton County Power, LLC. own motion, this determination shall Trust, Inc., Exact Power Co., Inc., become final and effective on December Federal Energy Sales, Inc., First Electric [FR Doc. E5–6241 Filed 11–10–05; 8:45 am] 14, 2005. Any request for a public Cooperative Corporation, First Power, BILLING CODE 6717–01–P hearing shall include the following

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information: the name, address, and collections of information. Copies of the Board of Governors of the Federal Reserve telephone number of the individual, OMB 83–I and supporting statements System, November 8, 2005. organization, or other entity requesting and approved collection of information Robert deV. Frierson, a hearing; a brief statement of the instrument(s) are placed into OMB’s Deputy Secretary of the Board. requesting person’s interest in the public docket files. The Federal Reserve [FR Doc. E5–6256 Filed 11–10–05; 8:45 am] Regional Administrator’s determination may not conduct or sponsor, and the BILLING CODE 6210–01–S and a brief statement of the information respondent is not required to respond that the requesting person intends to to, an information collection that has submit at such hearing; and the been extended, revised, or implemented FEDERAL RESERVE SYSTEM signature of the individual making the on or after October 1, 1995, unless it request, or, if the request is made on displays a currently valid OMB control Change in Bank Control Notices; behalf of an organization or other entity, number. Acquisition of Shares of Bank or Bank the signature of a responsible official of FOR FURTHER INFORMATION CONTACT: Holding Companies the organization or other entity. Federal Reserve Board Clearance Officer The notificants listed below have ADDRESSES: All documents relating to Michelle Long––Division of Research applied under the Change in Bank this determination are available for and Statistics, Board of Governors of the Control Act (12 U.S.C. 1817(j)) and inspection at the following offices: Federal Reserve System, Washington, § 225.41 of the Board’s Regulation Y (12 Michigan Department of Environmental DC 20551 (202–452–3829). CFR 225.41) to acquire a bank or bank Quality, Water Bureau, Constitution OMB Desk Officer Mark Menchik–– holding company. The factors that are Hall, 525 W. Allegan Street, 2nd Floor, Office of Information and Regulatory considered in acting on the notices are PO Box 30273, Lansing, Michigan Affairs, Office of Management and set forth in paragraph 7 of the Act (12 48909–7773, between the hours of 8:30 Budget, New Executive Office Building, U.S.C. 1817(j)(7)). a.m. and 4 p.m., Monday through Room 10235, Washington, DC 20503, or The notices are available for Friday, and the United States email to [email protected]. immediate inspection at the Federal Environmental Protection Agency, Reserve Bank indicated. The notices Region 5, Ground Water and Drinking Final approval under OMB delegated authority of the extension for three also will be available for inspection at Water Branch (WG–15J), 77 West the office of the Board of Governors. Jackson Boulevard, Chicago, Illinois years, without revision of the following report: Interested persons may express their 60604, between the hours of 9 a.m. and views in writing to the Reserve Bank 4:30 p.m., Monday through Friday, Report title: The Recordkeeping and indicated for that notice or to the offices FOR FURTHER INFORMATION CONTACT: Disclosure Requirements in Connection of the Board of Governors. Comments Jennifer Kurtz Crooks, EPA Region 5, with Regulation M (Consumer Leasing) must be received not later than Ground Water and Drinking Water Agency form number: Reg M November 29, 2005. Branch, at the address given above, by OMB control number: 7100–0202 A. Federal Reserve Bank of Kansas telephone at (312) 886–0244, or at Frequency: on occasion City (Donna J. Ward, Assistant Vice [email protected]. Reporters: consumer lessors President) 925 Grand Avenue, Kansas Authority: (Section 1413 of the Safe Annual reporting hours: disclosures, City, Missouri 64198-0001: Drinking Water Act, as amended, 42 U.S.C. 3,509 hours; and advertising, 25 hours 1. Robert J. Barmann, Jr., Platte City, 3006–2 (1996), and 40 CFR part 142 of the Estimated average hours per response: Missouri; and James L. Baber, Weston, National Primary Drinking Water disclosures, 6.5 minutes; and Missouri, as individuals; and Robert J. Regulations). advertising, 25 minutes Barmann, Jr., Platte City, Missouri; Dated: October 28, 2005. Number of respondents: 270 James L. Baber, Weston, Missouri, and Bharat Mathur, General description of report: This Robert M. McGinness, Platte City, information collection is mandatory Acting Regional Administrator, Region 5. Missouri, as a group acting in concert to sections 105(a) and 187 of TILA (15 [FR Doc. 05–22548 Filed 11–10–05; 8:45 am] acquire voting shares of Wells U.S.C. §§ 1604(a) and 1667(f) is not Bancshares, and thereby indirectly BILLING CODE 6560–50–P given confidential treatment. acquire voting shares of Wells Bank of Abstract: The Consumer Leasing Act Platte City, both of Platte City, Missouri. and Regulation M are intended to FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve provide consumers with meaningful System, November 7, 2005. disclosures about the costs and terms of Agency Information Collection Robert deV. Frierson, leases for personal property. The Activities: Announcement of Board disclosures enable consumers to Deputy Secretary of the Board. Approval Under Delegated Authority compare the terms for a particular lease [FR Doc. E5–6242 Filed 11–10–05; 8:45 am] and Submission to OMB with those for other leases and, when BILLING CODE 6210–01–S AGENCY: Board of Governors of the appropriate, to compare lease terms Federal Reserve System with those for credit transactions. The FEDERAL RESERVE SYSTEM SUMMARY: Background. Notice is hereby act and regulation also contain rules given of the final approval of proposed about advertising consumer leases and Formations of, Acquisitions by, and information collection by the Board of limit the size of balloon payments in Mergers of Bank Holding Companies Governors of the Federal Reserve consumer lease transactions. The System (Board) under OMB delegated information collection pursuant to The companies listed in this notice authority, as per 5 CFR 1320.16 (OMB Regulation M is triggered by specific have applied to the Board for approval, Regulations on Controlling Paperwork events. All disclosures must be pursuant to the Bank Holding Company Burdens on the Public). Board-approved provided to the lessee prior to the Act of 1956 (12 U.S.C. 1841 et seq.) collections of information are consummation of the lease and when (BHC Act), Regulation Y (12 CFR part incorporated into the official OMB the availability of consumer leases on 225), and all other applicable statutes inventory of currently approved particular terms is advertised. and regulations to become a bank

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holding company and/or to acquire the Act of 1956 (12 U.S.C. 1841 et seq.) FEDERAL RESERVE SYSTEM assets or the ownership of, control of, or (BHC Act), Regulation Y (12 CFR Part the power to vote shares of a bank or 225), and all other applicable statutes Notice of Proposals to Engage in bank holding company and all of the and regulations to become a bank Permissible Nonbanking Activities or banks and nonbanking companies holding company and/or to acquire the to Acquire Companies that are owned by the bank holding company, assets or the ownership of, control of, or Engaged in Permissible Nonbanking including the companies listed below. the power to vote shares of a bank or Activities The applications listed below, as well bank holding company and all of the as other related filings required by the banks and nonbanking companies The companies listed in this notice Board, are available for immediate owned by the bank holding company, have given notice under section 4 of the inspection at the Federal Reserve Bank including the companies listed below. Bank Holding Company Act (12 U.S.C. indicated. The application also will be The applications listed below, as well 1843) (BHC Act) and Regulation Y (12 available for inspection at the offices of as other related filings required by the CFR Part 225) to engage de novo, or to the Board of Governors. Interested Board, are available for immediate acquire or control voting securities or persons may express their views in inspection at the Federal Reserve Bank assets of a company, including the writing on the standards enumerated in indicated. The application also will be companies listed below, that engages the BHC Act (12 U.S.C. 1842(c)). If the available for inspection at the offices of either directly or through a subsidiary or proposal also involves the acquisition of the Board of Governors. Interested other company, in a nonbanking activity a nonbanking company, the review also persons may express their views in that is listed in § 225.28 of Regulation Y includes whether the acquisition of the writing on the standards enumerated in (12 CFR 225.28) or that the Board has nonbanking company complies with the the BHC Act (12 U.S.C. 1842(c)). If the determined by Order to be closely standards in section 4 of the BHC Act proposal also involves the acquisition of (12 U.S.C. 1843). Unless otherwise related to banking and permissible for a nonbanking company, the review also bank holding companies. Unless noted, nonbanking activities will be includes whether the acquisition of the conducted throughout the United States. otherwise noted, these activities will be nonbanking company complies with the conducted throughout the United States. Additional information on all bank standards in section 4 of the BHC Act holding companies may be obtained (12 U.S.C. 1843). Unless otherwise Each notice is available for inspection from the National Information Center noted, nonbanking activities will be at the Federal Reserve Bank indicated. website at http://www.ffiec.gov/nic/. conducted throughout the United States. The notice also will be available for Unless otherwise noted, comments Additional information on all bank inspection at the offices of the Board of regarding each of these applications holding companies may be obtained Governors. Interested persons may must be received at the Reserve Bank from the National Information Center express their views in writing on the indicated or the offices of the Board of website at http://www.ffiec.gov/nic/. question whether the proposal complies Governors not later than December 9, with the standards of section 4 of the 2005. Unless otherwise noted, comments regarding each of these applications BHC Act. Additional information on all bank holding companies may be A. Federal Reserve Bank of Chicago must be received at the Reserve Bank obtained from the National Information (Patrick M. Wilder, Assistant Vice indicated or the offices of the Board of Center website at http://www.ffiec.gov/ President) 230 South LaSalle Street, Governors not later than December 8, Chicago, Illinois 60690-1414: 2005. nic/. 1. First State Associates, Inc., Unless otherwise noted, comments Hawarden, Iowa; to acquire 50 percent A. Federal Reserve Bank of St. Louis regarding the applications must be of the voting shares of The Hawarden (Glenda Wilson, Community Affairs received at the Reserve Bank indicated Banking Company, and thereby Officer) 411 Locust Street, St. Louis, or the offices of the Board of Governors indirectly acquire voting shares of First Missouri 63166-2034: not later than December 8, 2005. State Bank, both of Hawarden, Iowa. A. Federal Reserve Bank of 2. Indiana Bank Corp., Terre Haute, 1. Clay County State Bancshares, Inc., Philadelphia (Michael E. Collins, Senior Indiana; to become a bank holding Louisville, Illinois; to become a bank Vice President) 100 North 6th Street, company by acquiring 100 percent of holding company by acquiring 100 the voting shares of The First National percent of the voting shares of Clay Philadelphia, Pennsylvania 19105-1521: Bank of Dana, Dana, Indiana. County State Bank, Louisville, Illinois. 1. National Penn Bancshares, Inc., B. Federal Reserve Bank of Kansas Board of Governors of the Federal Reserve Boyertown, Pennsylvania; to acquire System, November 7, 2005. City (Donna J. Ward, Assistant Vice Nittany Financial Corp., State College, President) 925 Grand Avenue, Kansas Robert deV. Frierson, Pennsylvania, and thereby indirectly City, Missouri 64198-0001: Deputy Secretary of the Board. acquire voting shares of Nittany Bank, [FR Doc. E5–6243 Filed 11–10–05; 8:45 am] 1. Western State Bancshares, Inc., State College, Pennsylvania, and thereby Waterloo, Nebraska; to become a bank engage in operating a savings BILLING CODE 6210–01–S holding company by acquiring up to 100 association, pursuant to section percent of the voting shares of Western 225.28(b)(4)(ii) of Regulation Y. State Bank, Waterloo, Nebraska. FEDERAL RESERVE SYSTEM Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve System, November 8, 2005. Formations of, Acquisitions by, and System, November 8, 2005. Robert deV. Frierson, Mergers of Bank Holding Companies Robert deV. Frierson, Deputy Secretary of the Board. Deputy Secretary of the Board. The companies listed in this notice [FR Doc. E5–6255 Filed 11–10–05; 8:45 am] have applied to the Board for approval, [FR Doc. E5–6254 Filed 11–10–05; 8:45 am] BILLING CODE 6210–01–S pursuant to the Bank Holding Company BILLING CODE 6210–01–S

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GENERAL SERVICES review and approve information of the following subjects: (1) The ADMINISTRATION collection 3090–0277 concerning necessity and utility of the proposed Market Research Collection for the information collection for the proper [OMB Control No. 3090–0277] Office of Citizen Services and performance of the agency’s functions; Office of Citizen Services and Communications. The purpose of this (2) the accuracy of the estimated Communications; Information information collection is to inform GSA burden; (3) ways to enhance the quality, Collection; Market Research Collection on how to best provide service and utility, and clarity of the information to relevance to the American public via be collected; and (4) the use of AGENCY: Office of Citizen Services and GSA’s Web site http://www.gsa.gov. The automated collection techniques or Communications, GSA. information collected from an online other forms of information technology to ACTION: Notice of request for comments survey, focus groups, and Web site minimize the information collection regarding a renewal to an existing OMB usability testing will be used to refine burden. clearance. the http://www.gsa.gov Web site. The Type of Information Collection questions to be asked are non-invasive Request: Regular Clearance. SUMMARY: Under the provisions of the and do not address or probe sensitive Title of Information Collection: Paperwork Reduction Act of 1995 (44 issues. It is important for the GSA to Critical Infrastructure Data System U.S.C. Chapter 35), the General Services gain information from the many diffuse (CIDS). Administration will be submitting to the groups it serves; therefore, the GSA will Form/OMB No.: OS–0990–New. Office of Management and Budget be questioning individuals and Use: Via an online data system, the (OMB) a request to review and approve households, and businesses and other Health and Human Service will collect, a renewal of a currently approved for-profit groups. compile, and analyze information from information collection requirement a variety of health services’ facilities regarding Market Research for the Office B. Annual Reporting Burden regarding working facilities, needed of Citizen Services and Respondents: 190. critical assets, and diseases surveyed. Communications. The clearance Responses Per Respondent: 1. No current national data system exists. currently expires on April 30, 2006. Hours Per Response: 72.6 minutes. Frequency: Recording, reporting, This information collection will be Total Burden Hours: 230. daily. used to determine the utility and ease of OBTAINING COPIES OF Affected Public: Federal, State, local, use of GSA’s Web site, http:// PROPOSALS: Requesters may obtain a or tribal governments, business or other www.gsa.gov. The respondents include copy of the information collection for profit, not for profit institutions. individuals and representatives from documents from the General Services Annual Number of Respondents: businesses currently holding GSA Administration, Regulatory Secretariat 3,385. contracts. (VIR), 1800 F Street, NW., Room 4035, Total Annual Responses: 1,235,525. Public comments are particularly Washington, DC 20405, telephone (202) Average Burden Per Response: 18 invited on: Whether this collection of 208–7312. Please cite OMB Control No. hours. information is necessary and whether it 3090–0277, Market Research Collection Total Annual Hours: 10,296. will have practical utility; whether our for the Office of Citizen Services and To obtain copies of the supporting estimate of the public burden of this Communications, in all correspondence. statement and any related forms for the collection of information is accurate, proposed paperwork collections Dated: October 25, 2005. and based on valid assumptions and referenced above, access the HHS Web methodology; ways to enhance the Michael W. Carleton, site address at http://www.hhs.gov/ quality, utility, and clarity of the Chief Information Officer. oirm/infocollect/pending/ or e-mail your information to be collected. [FR Doc. 05–22495 Filed 11–10–05; 8:45 am] request, including your address, phone DATES: Submit comments on or before: BILLING CODE 6820–CX–S number, OMB number, and OS January 13, 2006. document identifier, to FOR FURTHER INFORMATION CONTACT: Ms. [email protected], or call the Reports Jocelyn Johnson, Office of Citizen DEPARTMENT OF HEALTH AND Clearance Office on (202) 690–6162. Services and Communications, at HUMAN SERVICES Written comments and recommendations for the proposed telephone (202) 208–0043, or via e-mail Office of the Secretary to [email protected]. information collections must be mailed within 60-days of this notice directly to ADDRESSES: Submit comments regarding [Document Identifier: OS–0990–New; 60– the OS Paperwork Clearance Officer this burden estimate or any other aspect day notice] designated at the following address: of this collection of information, Agency Information Collection Department of Health and Human including suggestions for reducing this Activities; Proposals, Submissions, Services, Office of the Secretary, burden, to the Regulatory Secretariat and Approvals Assistant Secretary for Budget, (VIR), General Services Administration, Technology, and Finance, Office of Room 4035, 1800 F Street, NW., AGENCY: Office of the Secretary. Information and Resource Management, Washington, DC 20405. Please cite OMB In compliance with the requirement Attention: Naomi Cook (0990–New), Fax Control No. 3090–0277, Market of section 3506(c)(2)(A) of the Number (202) 690–8715, Room 531–H, Research Collection for the Office of Paperwork Reduction Act of 1995, the 200 Independence Avenue, SW., Citizen Services and Communications, Office of the Secretary (OS), Department Washington, DC 20201. in all correspondence. of Health and Human Services, is Dated: November 2, 2005. SUPPLEMENTARY INFORMATION: publishing the following summary of proposed collections for public Robert E. Polson, A. Purpose comment. Interested persons are invited Office of the Secretary, Paperwork Reduction The General Services Administration to send comments regarding this burden Act Reports Clearance Officer. will be requesting the Office of estimate or any other aspect of this [FR Doc. 05–22550 Filed 11–10–05; 8:45 am] Management and Budget (OMB) to collection of information, including any BILLING CODE 4150–37–P

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DEPARTMENT OF HEALTH AND SW., Room 738H, Washington, DC of the PCPFS during the observance of HUMAN SERVICES 20201. its 50th anniversary throughout the year FOR FURTHER INFORMATION CONTACT: 2006 offers partners the opportunity to Solicitation of Potential Partners to Melissa Johnson at Ph: 202–690–5187, highlight their past, present, and future Participate in Programs of the Office of e-mail: [email protected] or initiatives to promote physical activity, the President’s Council on Physical Christine Spain at Ph: 202–690–5148, e- fitness, and/or sports and to associate Fitness and Sports During 2006 50th mail: [email protected]. their programs with the goals and Anniversary Celebration objectives of the Office of the PCPFS. SUPPLEMENTARY INFORMATION: The AGENCY: Department of Health and President’s Council on Physical Fitness Purpose and Scope Human Services, Office of the Secretary, and Sports (PCPFS) was established by The Office of the PCPFS is extending Office of Public Health and Science, the President of the United States in this invitation to both existing and Office of the President’s Council on 1956 and today operates under potential new partners to broaden the Physical Fitness and Sports. Executive Order 13265, continued by reach of PCPFS programs and to Executive Order 13385, in accordance ACTION: Notice. promote physical activity, fitness, and with the Federal Advisory Committee sports to all Americans in their SUMMARY: The Office of the President’s Act. The purposes of the PCPFS are (1) communities and work places. The Council on Physical Fitness and Sports to provide advice and recommendations Office of the PCPFS has limited (PCPFS) is soliciting proposals for the to the President through the HHS resources for implementing actions that establishment of partnerships with non- Secretary concerning actions and address large-scale national, state, and Federal public and private sector initiatives to develop, implement, and local initiatives and for sponsoring organizations, with the goal of coordinate national programs for campaigns to promote improvements in developing, implementing, promoting, physical activity, fitness, and sports; (2) the status of physical activity, fitness, and evaluating physical activity, fitness, to inform the general public about the and the overall health of individuals and sports participation activities and importance of regular physical activity and communities. The Office of the initiatives. These partnerships are and the link between physical activity PCPFS relies upon the combined efforts particularly targeted at calendar year and good health. of both public agencies and private 2006, which marks the 50th anniversary The PCPFS serves as a catalyst to organizations through co-sponsored of the PCPFS. This Partnership Initiative promote physical activity, fitness, and initiatives and activities to bring about is not a grant or contract award program. sports for Americans of all ages, the societal and cultural adjustments It is intended to provide opportunities backgrounds, and abilities. Since its necessary to influence the attitudes of for the Office of the PCPFS and non- founding in 1956, the Office of the individuals and communities Federal public and private sector PCPFS has sustained a productive concerning the importance of physical organizations to work together both to history of relationships with both public activity, fitness, and sports and to bring enhance and integrate existing and private sector sponsors to create about change. The observance of the partnerships and also to create new and maintain opportunities for 50th Anniversary of the Office of the physical activity, fitness, and sports Americans to participate in physical PCPFS offers an ideal opportunity for initiatives at the national, state, and activity, fitness, and sports initiatives on organizations not only to highlight local levels to promote better health and the national, state, and local levels. Co- longstanding successful collaborations fitness for all Americans in a synergistic sponsorships established for observance with the Office of the PCPFS but also to and collaborative environment. These of the 50th anniversary of the PCPFS establish new collaborations with the partnerships will be voluntary, and each should raise awareness of following: (1) Office of the PCPFS to raise public partner will be responsible for The physical benefits of a fit and active awareness of the importance of physical supporting its own activities. Potential lifestyle; (2) model programs promoting activity and to develop new programs co-sponsors must have a demonstrated and providing physical activity in a and initiatives. interest in physical activity, fitness, variety of venues, suitable for In forming collaborative partnerships, and/or sports activities and be willing to replication; (3) opportunities to work the Office of the PCPFS is seeking participate substantively in the co- collaboratively at the grassroots level to organizations that can bring knowledge, sponsored activity. promote physical activity, fitness, and skills, and expertise to work sports; (4) gaps and barriers preventing synergistically on physical activity, DATES: This announcement is open until active and functional living and aging. fitness, and/or sports activities during June 1, 2006, and may be renewed as The Secretary has delegated to the the year 2006 and beyond; the 50th needed through subsequent notices. Office of the PCPFS certain authorities anniversary celebration of the Office of Comments expressing or confirming an under the Public Health Service Act the PCPFS offers an ideal opportunity to interest in potential partnerships will be (PHS Act) including, but not limited to, launch such collaborations. For most useful if received within two sections 1704(1) and (2) of the PHS Act. example, the Office of the PCPFS is months of the publication of this notice, Sections 1704(1) and (2) of the PHS Act interested in partnerships with public but will continue to be accepted for provides the Office of the PCPFS with and private organizations that might consideration throughout the open authority to enter into co-sponsorships involve (but are not limited to) the period. with non-Federal entities for certain following sponsoring or co-sponsoring ADDRESSES: Expressions of interest, health promotion activities. The 50th examples: comments, or questions may be sent via Anniversary observance offers partners (a) Develop and disseminate e-mail, fax, or regular mail to: Melissa the opportunity to make educational public information Johnson at [email protected], recommendations for improving the materials on physical activity, fitness, Fax: 202–690–5211, President’s Council health of Americans in the future and health and/or sports to stress the on Physical Fitness and Sports— for reducing health-care costs for benefits of a healthy, active lifestyle; Partnerships, Department of Health and individuals, public agencies, and such materials might be targeted to Human Services, Hubert H. Humphrey private businesses and organizations. specific populations by age, gender, Building, 200 Independence Avenue, Finally, co-sponsorship with the Office ability level, cultural background, or

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minority status (e.g. co-sponsorship of a including: Goals and intended benefits; Department and its ability to publication; co-sponsorship of a Web roles and responsibilities of each accomplish its mission? For example, site or Web-based materials for existing partner; resources each plans to commit the Department will avoid any Web sites); to the project; any reporting plans; and appearance that an offering entity’s co- (b) Develop and disseminate a the time period in which the sponsorship of an event would nationwide educational campaign, partnership remains in effect. improperly influence the Department or including advertisements and/or public Partnership/co-sponsorship any HHS employee in other official service announcements (print, TV, and/ agreements will make clear that there matters in which the offering entity may or radio) to alert individuals and diverse will be no Federal endorsement of have an interest. It may be possible to media markets about the dangers of a commercial products or of particular structure a proposal to minimize sedentary lifestyle and to promote co- companies. The Office of the PCPFS potential issues. sponsored programs that might be will have a right to review the use of 4. Does the outside entity have the developed in the course of this any Departmental logo and statement expertise and capacity to carry out its initiative. This might include but is not related to the Office of the PCPFS proposed activities? limited to the President’s Challenge, a programs or materials and products to 5. Has the outside entity free, motivational tool and recognition ensure that they are suitable for the demonstrated a willingness to work program of the PCPFS; initiative and that government collaboratively with other public and (c) Create, develop, and evaluate neutrality with respect to commercial private sector organizations to achieve effective programs and activities for products is maintained. When any the stated goals or to advance related physical activity, fitness and sports; Departmental logo is approved for use efforts, activities, or initiatives? such programs would provide evidence- on commercial materials or products Organizations that have goals and based results and best practices; that promote the goals and mission of interests consistent with the mandate of (d) Co-sponsor the development and the Office of the PCPFS and its program the Office of the PCPFS are encouraged management of a CEO/Business round- activities, a disclaimer will be required. to reply to this notice. Such table to raise awareness of the need for The disclaimer must be printed on, or organizations should have appropriate a fit and healthy workforce and to stress affixed to, commercial partner materials expertise and resources and be willing the potential role of business in and products and indicate that the use to pursue and enhance physical activity, fostering and promoting healthy of the logo does not imply any Federal fitness, and/or sports activities within lifestyles among employees and their endorsement or warranty of a particular their own organizations. Organizations families in an effort to reduce chronic commercial product or of other products that meet the criteria are encouraged to disease and health care costs; of a particular company. reply to this notice. (e) Conduct educational and/or Evaluation Criteria Working collaboratively with its practical physical activity, fitness, and/ After engaging in exploratory partners, the Office of the PCPFS and its or sports clinics in diverse venues (e.g. partners will provide innovative after school programs; senior activity discussions of potential partnerships and partnership activities, the Office of opportunities in diverse venues to centers; parks and recreation centers; improve the adoption and maintenance others); the PCPFS will make a determination whether the Office of the PCPFS will of regular physical activity for the (f) Create a ‘‘Road Show’’ celebrating enhanced health and well-being of all 50 years of fitness by providing engage in partnership activities with particular entities and the scope of those Americans during the 50th anniversary demonstrations and coaching lessons for year and beyond. all ages that can be continued at the activities. The final decision to establish local level; a partnership agreement with an outside Dated: November 7, 2005. (g) Sponsor 50th Anniversary organization will be made by the Office Melissa Johnson, memorabilia for distribution at such of the PCPFS Executive Director. The Executive Director, President’s Council on venues as health fairs, athletic events, Office of the PCPFS Executive Director Physical Fitness and Sports, Department of special events, and similar occasions; reserves the right to decline partnership Health and Human Services. (h) Sponsor 50th Anniversary special opportunities that are not consistent [FR Doc. 05–22532 Filed 11–10–05; 8:45 am] events; with the Office of the PCPFS goals, BILLING CODE 4150–35–P (i) Any combination or enhancement mission, or priorities, or for reasons of of the above activities; limited federal resources available to (j) Other innovative ideas. appropriately manage and oversee a DEPARTMENT OF HEALTH AND HUMAN SERVICES Partnership/Co-Sponsorship proposed partnership. Depending on Agreements circumstances, a variety of objective and subjective criteria may be applied. The Food and Drug Administration This Partnership Initiative is not a following factors will be considered [Docket No. 2004D–0555] grant or contract award program. Any when selecting partners and partnership formed between the Office determining the scope of partnership Draft Guidance for Industry and Food of the PCPFS and an outside activities: and Drug Administration Staff; Class II organization will be a voluntary 1. Is the proposed project consistent Special Controls Guidance Document: collaboration. Each partner will be with the mission and priorities of the Labeling for Male Condoms Made of responsible for providing the resources Office of the PCPFS and the outside Natural Rubber Latex; Availability necessary to carry out the specified organization? activities of mutual interest contained in 2. Are the activities proposed by the AGENCY: Food and Drug Administration, the organization’s proposal. The Office offering entity likely to provide a HHS. of the PCPFS will execute, in advance, substantial public benefit relative to the ACTION: Notice. a concise, written agreement with resources required? collaborating partner(s). The 3. Do the potential benefits of the SUMMARY: The Food and Drug partnership/co-sponsorship agreement proposed partnership outweigh any Administration (FDA) is announcing the will identify key elements of the project potential negative impact on the availability of the draft guidance

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entitled ‘‘Class II Special Controls of the regulatory history of these devices improve existing condom labeling to Guidance Document: Labeling for Male and an overview of the draft special better inform condom users about Condoms Made of Natural Rubber controls guidance document. The protecting themselves against the spread Latex.’’ This draft guidance document preamble to the proposed rule, which is of HIV/AIDS and other STDs. In 1989, describes a means by which natural published elsewhere in this Federal FDA issued a letter further explaining rubber latex (latex) condoms with and Register, provides more detail on the its policy on condom labeling and the without spermicidal lubricant regulatory history of these devices and necessity of including in the labeling a containing nonoxynol–9 (N–9) may FDA’s examination of condom labeling. statement of the condom’s intended comply with the requirement of special A. Overview of Regulatory History use(s). controls for class II devices. Elsewhere In 1997, FDA published final labeling in this issue of the Federal Register, Condoms are devices that were on the regulations applicable to latex condoms FDA is publishing a proposed rule to market prior to the enactment of the that address expiration dating and latex amend the classification regulations for Medical Device Amendments of 1976 sensitivity (§§ 801.435 and 801.437 (21 condoms with and without spermicidal and were intended for contraceptive and CFR 801.435 and 801.437)). FDA lubricant to designate this draft prophylactic (preventing transmission established expiration dating guidance as the special control for latex of sexually transmitted diseases (STDs)) requirements in response to information condoms with and without spermicidal uses. Condoms are classified at that showed that the effectiveness of lubricant. This draft guidance is neither § 884.5300 (21 CFR 884.5300). latex condoms as a barrier to sexually Condoms with spermicidal lubricant final nor is it in effect at this time. transmitted diseases, including HIV, is containing N–9 were introduced to the DATES: Submit written or electronic dependent upon the integrity of the market after the enactment of the comments on this draft guidance by latex material. The expiration dating Medical Device Amendments. As February 13, 2006. Submit written or regulation of September 26, 1997, discussed in more detail in the electronic comments on the information addresses the risk of condom preamble to the proposed rule collection by January 13, 2006. deterioration due to product aging and published elsewhere in this Federal ADDRESSES: Submit written requests for helps ensure that consumers have Register, since 1982, condoms with single copies on a 3.5″ diskette of the information regarding the safe use of spermicidal lubricant containing N–9 draft guidance document entitled ‘‘Class have been required to bear a latex condoms (62 FR 50497 at 50501). II Special Controls Guidance Document: contraceptive effectiveness statement to The latex sensitivity labeling Labeling for Male Condoms Made of be classified under § 884.5310. This requirements of September 30, 1997, Natural Rubber Latex’’ to the Division of contraceptive effectiveness statement were added in response to numerous Small Manufacturers, International, and was part of the reclassification order for reports of severe allergic reactions and Consumer Assistance (HFZ–220), Center condoms with spermicidal lubricant on deaths related to a wide range of for Devices and Radiological Health, October 29, 1982 (47 FR 49021). medical devices containing natural Food and Drug Administration, 1350 Both condoms and condoms with rubber (62 FR 51021 at 51029). Piccard Dr., Rockville, MD 20850. Send spermicidal lubricant containing N–9 In July 1998, to encourage one self-addressed adhesive label to are classified in class II. Both were conformance with condom performance assist that office in processing your originally classified before the standards, FDA issued a guidance request or fax your request to 301–443– enactment of provisions of the Safe document entitled ‘‘Latex Condoms for 8818. See the SUPPLEMENTARY Medical Devices Act of 1990 that Men: Information for 510(k) Premarket INFORMATION section for information on broadened the definition of class II Notifications: Use of Consensus electronic access to the draft guidance devices and now permit FDA to Standards for Abbreviated document. establish special controls beyond Submissions,’’ which outlined FDA’s Submit written comments concerning performance standards to help provide ‘‘abbreviated review’’ approach toward this draft guidance to the Division of reasonable assurance of the safety and 510(k)s for condoms. To qualify for an Dockets Management (HFA–305), Food effectiveness of such devices. The notice abbreviated review, the condom and Drug Administration, 5630 Fishers of proposed rulemaking published manufacturer must declare conformance Lane, rm. 1061, Rockville, MD 20852. elsewhere in this issue of the Federal to standards recognized by FDA in Submit electronic comments to http:// Register proposes to establish this draft accordance with section 514(c) of the www.fda.gov/dockets/ecomments. guidance document as such a special Federal Food, Drug, and Cosmetic Act Identify comments with the docket control. Both condoms and condoms (21 U.S.C. 360d). This guidance also number found in brackets in the with spermicidal lubricant have also carried forward previously issued heading of this document. been the subject of specific labeling guidance on suggested labeling for the FOR FURTHER INFORMATION CONTACT: John requirements and recommendations, as primary retail package and the package Farnham, Center for Devices and discussed next. insert, as well as the foil wrapper for Radiological Health (HFZ–332), Food In 1987, shortly after the U.S. Surgeon individual condoms. In particular, FDA and Drug Administration, 2094 Gaither General recommended using a condom guidance suggested that labeling on the Rd., Rockville, MD 20850, 240–276– for protection against Human primary package address contraception, 0115. Immunodeficiency Virus (HIV) and and also include the following SUPPLEMENTARY INFORMATION: Acquired Immune Deficiency Syndrome statement regarding STDs: ‘‘If used (AIDS), FDA issued a letter to condom properly, latex condoms will help to I. Background manufacturers with recommendations reduce the risk of transmission of HIV The draft special controls guidance on condom labeling. This letter was part infection (AIDS) and many other document, announced in this document, of a far-reaching public health campaign sexually transmitted diseases.’’ describes a means by which latex to inform the American public about This same statement was also condoms with and without spermicidal AIDS, which was identified in 1981 and recommended for the individual foil lubricant may comply with the associated with HIV and sexual wrapper of the condom. requirement of special controls for class transmission vectors in 1983. The FDA also carried forward a labeling II devices. Following is a brief overview purpose of FDA’s 1987 letter was to recommendation for the package insert

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to include the following expanded The labeling recommendations in the manufacturers to follow those aspects, version of the previous statement: draft guidance are intended to provide as noted in the draft guidance itself. If used properly, latex condoms will information to users of latex condoms The labeling recommendations in the help to reduce the risk of transmission with and without spermicidal lubricant. special controls guidance document, of HIV infection (AIDS) and many other The draft special controls guidance when final, will supersede statements in sexually transmitted diseases, including recommends labeling to inform users a number of documents, including: chlamydia infections, genital herpes, about the extent of protection provided • FDA letter to ‘‘All U.S. Condom genital warts, gonorrhea, hepatitis B, by condoms against unintended Manufacturers, Importers and and syphilis. pregnancy and against various types of Repackagers’’ (April 7, 1987); In December 2000, Congress enacted STDs, as well as information about • FDA letter to ‘‘Manufacturers, Public Law 106–554, which among possible risks associated with exposure Importers, and Repackagers of Condoms other provisions, directed FDA to to N–9 contained in the spermicidal for Contraception or Sexually- ‘‘reexamine existing condom labels’’ lubricant of some condoms. The Transmitted Disease Prevention’’ and ‘‘determine whether the labels are labeling recommendations provide (February 13, 1989), which is available medically accurate regarding the overall important information for condom users at http://www.fda.gov/cdrh/comp/ effectiveness or lack of effectiveness of to assist them in determining whether 053.pdf. condoms in preventing sexually latex condoms are appropriate for their • Contraceptive effectiveness transmitted diseases, including [human needs and, if so, to determine whether statement required by the 1982 papillomavirus (HPV)].’’ In re- a condom with or without N–9 lubricant reclassification order for latex condoms examining condom labeling as directed is most suitable. FDA believes that this with the spermicide, nonoxynol–9, as by Public Law 106–554, and in the draft guidance is an appropriate special outlined in an October 29, 1982, Federal development of the draft special control to help provide reasonable Register document (47 FR 49201). controls guidance document, FDA assurance of the safety and effectiveness If the draft guidance is finalized, FDA considered the following points: of latex condoms and latex condoms intends to withdraw or amend other • Physical properties of condoms; with spermicidal lubricant containing documents to ensure consistency with • Condom slippage and breakage N–9. the labeling recommendations in the during actual use, At this time, FDA is not proposing to special controls guidance document. • Plausibility for STD risk reduction designate a special control for any Following the finalization of this attributable to condoms, condoms made of natural membrane guidance and the implementation of any • Evaluations of condom (skin) or synthetic materials. final classification rule designating this effectiveness against STDs by other Discussions with the condom industry document as a special control for latex Federal agencies, indicate that condoms made from condoms and latex condoms with • Clinical data regarding condom natural rubber latex represent nearly 98 spermicidal lubricant, labeling for those protection against STDs, percent of the U.S. retail market for devices will need to address the issues • Information on N–9 and condoms. The agency understands that covered in the final special controls contraception. all condoms distributed by public guidance document, unless the device The information FDA considered health and other organizations are also manufacturer in some other way during the course of its re-examination made from natural rubber latex, based provides equivalent assurances of safety of the medical accuracy of condom on its discussions with manufacturers. and effectiveness. labeling and its analysis support the The agency believes, therefore, that the II. Significance of Guidance conclusion that condoms reduce the recommendations in the draft special overall risk of STD transmission, controls guidance document address the This draft guidance is being issued although the degree of risk reduction for vast majority of condoms distributed in consistent with FDA’s good guidance different types of STDs varies with their the United States. However, at a future practices regulation (21 CFR 10.115). routes of transmission. The preamble to date, FDA also intends to address The draft guidance, if finalized, will the proposed rule designating this draft condoms made from other materials that represent the agency’s current thinking guidance as a special control for male are not specifically addressed by this on labeling for male condoms made of condoms made of natural rubber latex, draft guidance. Until FDA provides natural rubber latex. It does not create published elsewhere in this Federal further specific guidance for these or confer any rights for or on any person Register, discusses in detail FDA’s products, manufacturers of synthetic and does not operate to bind FDA or the review and resulting conclusions, which condoms may consult Part C of FDA’s public. An alternative approach may be form the basis for the recommendations guidance document entitled ‘‘Testing used if such approach satisfies the made in the draft guidance document. Guidance for Male Condoms Made from requirements of the applicable statute New Material (June 25, 1995),’’ which is and regulations. B. Overview of Guidance available at http://www.fda.gov/cdrh/ III. Electronic Access The recommendations in the draft ode/oderp455.html, and manufacturers guidance reflect the FDA’s re- of natural membrane condoms may To receive the draft ‘‘Class II Special examination of the medical accuracy of consult the guidance document entitled Controls Guidance Document: Labeling condom labeling, as required by Public ‘‘Guidance for Industry-Uniform for Male Condoms Made of Natural Law 106–554. The draft guidance Contraceptive Labeling (July 23, 1998),’’ Rubber Latex’’ by fax machine, call the document describes a means by which which is available at http:// CDRH Facts-On-Demand system at 800– latex condoms with and without www.fda.gov/cdrh/ode/contrlab.html. 899–0381 or 301–827–0111 from a spermicidal lubricant may comply with FDA believes, however, that most of touch-tone telephone. Press 1 to enter the requirement of special controls for the recommendations contained in the the system. At the second voice prompt, class II devices. The draft guidance draft special controls guidance press 1 to order a document. Enter the document identifies the issues requiring document for latex condoms regarding document number (1548) followed by special controls associated with these labeling to address N–9 are also the pound sign (#). Follow the devices and recommends addressing applicable to nonlatex condoms remaining voice prompts to complete these issues through labeling. containing N–9, and encourages your request.

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Persons interested in obtaining a copy Section 3506(c)(2)(A) of the PRA (44 was sufficient information to establish of the draft guidance may also do so by U.S.C. 3506(c)(2)(A)) requires Federal performance standards to provide such using the Internet. CDRH maintains an agencies to provide a 60-day notice in assurance. entry on the Internet for easy access to the Federal Register concerning each Both condoms and condoms with information including text, graphics, proposed collection of information, spermicidal lubricant containing N–9 and files that may be downloaded to a before submitting the collection to OMB are classified in class II. Both were personal computer with Internet access. for approval. To comply with this originally classified before the Updated on a regular basis, the CDRH requirement, FDA is publishing notice enactment of provisions of the Safe home page includes device safety alerts, of the proposed collection of Medical Devices Act of 1990 (Public Federal Register reprints, information information set forth in this document. Law 101–629) that broadened the on premarket submissions (including With respect to the following definition of class II devices and now lists of approved applications and collection of information, FDA invites permit FDA to establish special controls manufacturers’ addresses), small comments on these topics: (1) Whether beyond performance standards, manufacturer’s assistance, information the proposed collection of information including guidance documents, to help on video conferencing and electronic is necessary for the proper performance provide reasonable assurance of the submissions, Mammography Matters, of FDA’s functions, including whether safety and effectiveness of such devices. and other device-oriented information. the information will have practical In December 2000, Congress enacted The CDRH web site may be accessed at utility; (2) the accuracy of FDA’s Public Law 106–554, which among http://www.fda.gov/cdrh. A search estimate of the burden of the proposed other provisions, directed FDA to capability for all CDRH guidance collection of information, including the ‘‘reexamine existing condom labels’’ documents is available at http:// validity of the methodology and and ‘‘determine whether the labels are www.fda.gov/cdrh/guidance.html. assumptions used; (3) ways to enhance medically accurate regarding the overall Guidance documents are also available the quality, utility, and clarity of the effectiveness or lack of effectiveness in on the Division of Dockets Management information to be collected; and (4) preventing sexually transmitted Internet site at http://www.fda.gov/ ways to minimize the burden of the diseases* * *.’’ FDA is recommending ohrms/dockets. collection of information on labeling changes intended to provide respondents, including through the use IV. Paperwork Reduction Act of 1995 important information for condom of automated collection techniques, (the PRA) users, including the extent of protection when appropriate, and other forms of provided by condoms against various Under the PRA (44 U.S.C. 3501-3520), information technology. Federal agencies must obtain approval Title: Labeling for Male Condoms types of STDs. from the Office of Management and Made of Natural Rubber Latex Respondents to this collection of Budget (OMB) for each collection of Description: Under the Medical information are manufacturers and information they conduct or sponsor. Device Amendments of 1976 (Public repackagers of male condoms made of ‘‘Collection of information’’ is defined Law 94–295), class II devices were natural rubber latex. FDA believes that in 44 U.S.C. 3502(3) and 5 CFR defined as those devices for which there this a one-time burden, because once a 1320.3(c) and includes agency requests was insufficient information to show label is redesigned, it can be used or requirements that members of the that general controls themselves would indefinitely. public submit reports, keep records, or provide a reasonable assurance of safety FDA estimates the burden of this provide information to a third party. and effectiveness, but for which there collection as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours Respondents per Response Responses per Response Total Hours

352 34 1,190 12 14,280

33 34 102 12 1,224

Total 15,504 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Current manufacturers for year one. 3 New manufacturers for years two and three.

The reporting burden hours to consulting firm, to estimate the impact ‘‘collection of information’’ under the respondents in the first year is a one- of the 1999 Over-the-Counter (OTC) PRA. Rather, it is a ‘‘public disclosure time burden of 14,280 hours. FDA Human Drug Labeling Requirements of information originally supplied by expects three new manufacturers or final rule (64 FR 13254, March 17, the Federal government to the recipient repackagers to enter the market yearly, 1999). Because the packaging for the purpose of disclosure to the and collectively have a one-time burden requirements for condoms are similar to public’’ (5 CFR 1320.3(c)(2)). The of 1,224 hours. The number of those of many OTC drugs, we believe expiration dating requirements respondents and prospective new the burden to redesign the labeling for established by § 801.435 and referenced manufacturers cited in table 1 of this OTC drugs is an appropriate proxy for in the draft guidance have been document are based on FDA’s database the estimated burden to redesign approved by OMB under OMB control of premarket submissions. The condom labeling. number 0910–0485. remaining figures were derived from a The latex allergy caution required by study performed for FDA by Eastern § 801.437 and referenced in the draft Research Group, Inc., an economic guidance does not constitute a

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V. Comments may submit written or electronic include a fax number to which the comments on the revised CPG at any guidance may be sent. Interested persons may submit to the time. Division of Dockets Management (see FOR FURTHER INFORMATION CONTACT: ADDRESSES), written or electronic ADDRESSES: You may submit comments, Laura Draski, Office of Regulatory comments regarding this document. identified by Docket No. 2003D–0544 Affairs (HFC–180), Food and Drug Submit a single copy of electronic and/ Regulatory Information Number Administration, 5600 Fishers Lane, comments or two paper copies of any (RIN) number (if a RIN number has been Rockville, MD 20857, 866–521–2297. mailed comments, except that assigned), by any of the following SUPPLEMENTARY INFORMATION: individuals may submit one copy. methods: Comments are to be identified with the Electronic Submissions I. Background docket number found in brackets in the Submit electronic comments in the In the Federal Register of March 4, heading of this document. Received following ways: 2005 (70 FR 10657), FDA announced the comments may be seen in the Division • Agency Web site: http:// availability of a draft revision to CPG of Dockets Management between 9 a.m. www.fda.gov/dockets/ecomments. Sec. 110.310 entitled ‘‘Prior Notice of and 4 p.m., Monday through Friday. Follow the instructions for submitting Imported Food Under the Public Health Dated: June 21, 2005. comments on the agency Web site. Security and Bioterrorism Preparedness Jeffrey Shuren, Written Submissions and Response Act of 2002.’’ This revised Assistant Commissioner for Policy. Submit written submissions in the guidance was issued with CBP [FR Doc. 05–22610 Filed 11–10–05; 8:45 am] following ways: concurrence and explains to FDA and BILLING CODE 4160–01–S • FAX: 301–827–6870. CBP staff the new FDA and CBP policies • Mail/Hand delivery/Courier [For on enforcement of section 307 of the paper, disk, or CD–ROM submissions]: Bioterrorism Act and its implementing DEPARTMENT OF HEALTH AND Division of Dockets Management (HFA– regulations, which require prior notice HUMAN SERVICES 305), Food and Drug Administration, to FDA of all food imported or offered 5630 Fishers Lane, rm. 1061, Rockville, for import into the United States (21 Food and Drug Administration MD 20852. CFR parts 1.276 through 1.285). The new policies provide additional [Docket No. 2003D–0554] To ensure more timely processing of comments, FDA is no longer accepting flexibility in filing prior notice when, Revised Compliance Policy Guide comments submitted to the agency by e- due to the geography, the only practical Regarding Prior Notice of Imported mail. FDA encourages you to continue transportation route available for the Food Under the Public Health Security to submit electronic comments by using shipment is through the United States and Bioterrorism Preparedness and the Federal eRulemaking Portal or the and when there is a prior notice Response Act of 2002; Availability agency Web site, as described in the violation because the prior notice does Electronic Submissions portion of this not include the 6-digit HTS code for the AGENCY: Food and Drug Administration, paragraph. article of food. HHS. Instructions: All submissions received FDA received 8 comments on the ACTION: Notice. must include the agency name and draft sections of the revised CPG. FDA Docket No(s). and RIN (if a RIN number reviewed and evaluated these comments SUMMARY: The Food and Drug has been assigned) for this rulemaking. and has modified the CPG with CBP Administration (FDA) is announcing the All comments received may be posted concurrence, where appropriate. availability of a revised compliance without change to http://www.fda.gov/ FDA is issuing this CPG as level 1 policy guide (CPG) Sec. 110.310 entitled ohrms/dockets/default.htm, including guidance consistent with FDA’s good ‘‘Prior Notice of Imported Food Under any personal information provided. For guidance practices regulation (21 CFR the Public Health Security and additional information on submitting 10.115). The CPG represents the Bioterrorism Preparedness and comments, see the ‘‘Comments’’ heading agency’s current thinking on its Response Act of 2002.’’ The CPG of the SUPPLEMENTARY INFORMATION enforcement policy concerning prior provides written guidance to FDA’s and section of this document. notice. It does not create or confer any Customs and Border Protection’s (CBP’s) Docket: For access to the docket to rights for or on any person and does not staff on enforcement of section 307 of read background documents or operate to bind FDA or the public. the Public Health Security and comments received, go to http:// II. Comments Bioterrorism Preparedness and www.fda.gov/ohrms/dockets/ Response Act of 2002 (the Bioterrorism default.htm and insert the docket Interested persons may submit to the Act) and the agency’s implementing number(s), found in brackets in the Division of Dockets Management (see regulations, which require prior notice heading of this document, into the ADDRESSES) written or electronic for food imported or offered for import ‘‘Search’’ box and follow the prompts comments on the guidance document. into the United States. The CPG has and/or go to the Division of Dockets Submit a single copy of electronic been revised to finalize the sections Management, 5630 Fishers Lane, rm. comments or two paper copies of any pertaining to routine shipments of food 1061, Rockville, MD 20852. mailed comments, except that that are transshipped through the Submit written requests for single individuals may submit one paper copy. United States, arriving from and exiting copies of the revised guidance to the Comments are to be identified with the to the same country, and regarding the Division of Compliance Policy (HFC– docket number found in brackets in the Harmonized Tariff Schedule (HTS) code 230), Office of Enforcement, Food and heading of this document. The revised that is part of the planned shipment Drug Administration, 5600 Fishers CPG and received comments may be information. Lane, Rockville, MD 20857. Send one seen in the Division of Dockets DATES: The revised CPG is final upon self-addressed adhesive label to assist Management between 9 a.m. and 4 p.m., the date of publication. However, you that office in processing your request or Monday through Friday.

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III. Electronic Access Choke Cherry Road, Room 3–1017, Street, SW., Washington, DC 20410; e- Rockville, Maryland 20857, telephone mail [email protected]; or An electronic version of the revised (240) 276–1124 (not a toll-free number). Lillian Deitzer at CPG is available on the Internet at [email protected] or http://www.fda.gov/ora under Dated: November 8, 2005. telephone (202) 708–2374. This is not a ‘‘Compliance References.’’ Charles G. Curier, toll-free number. Copies of available Administrator, SAMHSA. Dated: November 4, 2005. documents submitted to OMB may be Steve Niedelman, [FR Doc. 05–22538 Filed 11–10–05; 8:45 am] obtained from Mr. Eddins or Ms. Acting Associate Commissioner for BILLING CODE 4160–01–M Deitzer. Regulatory Affairs. SUPPLEMENTARY INFORMATION: This [FR Doc. 05–22500 Filed 11–10–05; 8:45 am] notice informs the public that the BILLING CODE 4160–01–S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Department of Housing and Urban Development has submitted to OMB a DEPARTMENT OF HEALTH AND [Docket No. FR–4971–N–58] request for approval of the information HUMAN SERVICES collection described below. This notice Notice of Submission of Proposed is soliciting comments from members of Substance Abuse and Mental Health Information Collection to OMB; the public and affected agencies Services Administration Procedures for Appealing Section 8 concerning the proposed collection of Rent Adjustments information to: (1) Evaluate whether the Public Health Services; Notice of proposed collection of information is AGENCY: Office of the Chief Information Listing of Members of the Substance necessary for the proper performance of Officer, HUD. Abuse and Mental Health Services the functions of the agency, including Administration’s Senior Executive ACTION: Notice. whether the information will have Service Performance Review Board practical utility; (2) Evaluate the SUMMARY: The proposed information (PRB) accuracy of the agency’s estimate of the collection requirement described below burden of the proposed collection of has been submitted to the Office of The Substance Abuse and Mental information; (3) Enhance the quality, Management and Budget (OMB) for Health Services Administration utility, and clarity of the information to review, as required by the Paperwork (SAMHSA) announces the persons who be collected; and (4) Minimize the Reduction Act. The Department is will serve on the Substance Abuse and burden of the collection of information soliciting public comments on the Mental Health Services on those who are to respond; including subject proposal. Administration’s Performance Review through the use of appropriate Board. This action is being taken in When a rent increase for certain automated collection techniques or accordance with Title 5, U.S.C., Section Section 8 subsidized projects is denied, other forms of information technology, 4314(c)(4), which requires that members in full or in part, owners may submit to e.g., permitting electronic submission of of performance review boards be HUD an appeal letter outlining the basis responses. appointed in a manner to ensure for the appeal. The appeal letter must be consistency, stability, and objectivity in submitted to the Contract Administrator This Notice Also Lists the Following performance appraisals, and requires or the HUD Director for review. HUD Information that notice of the appointment of an uses the information to determine Title of Proposal: Procedures for individual to serve as a member be whether to deny or allow Section 8 rent Appealing Section 8 Rent Adjustments. increases. published in the Federal Register. OMB Approval Number: 2502–0446. The following persons will serve on DATES: Comments Due Date: December Form Numbers: None. the SAMHSA Performance Review 14, 2005. Description of the Need for the Board, which oversees the evaluation of ADDRESSES: Interested persons are performance appraisals of SAMHSA’s Information and Its Proposed Use: invited to submit comments regarding When a rent increase for certain Section Senior Executive Service (SES) this proposal. Comments should refer to members: 8 subsidized projects is denied, in full the proposal by name and/or OMB or in part, owners may submit to HUD Andrew C. Knapp, Chairperson, approval Number (2502–0446) and an appeal letter outlining the basis for Eric Broderick, should be sent to: HUD Desk Officer, the appeal. The appeal letter must be Curt Coy, Office of Management and Budget, New submitted to the Contract Administrator Daryl W. Kade. Executive Office Building, Washington, or the HUD Director for review HUD For further information about the DC 20503; fax: 202–395–6974. uses the information to determine SAMHSA Performance Review Board, FOR FURTHER INFORMATION CONTACT: whether to deny or allow Section 8 rent contact the Division of Management Wayne Eddins, Reports Management increases. Systems, Substance Abuse and Mental Officer, AYO, Department of Housing Frequency of Submission: On Health Services Administration, 1 and Urban Development, 451 Seventh occasion.

Number of Annual × Hours per Burden respondents responses response = hours

Reporting burden ...... 500 1 2 1,000

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Total Estimated Burden Hours: 1,000. strategies for meeting the housing and the functions of the agency, including Status: Extension of a currently related supportive service needs of low- whether the information will have approved collection. income persons with AIDS. Applicants practical utility; (2) Evaluate the Authority: Section 3507 of the Paperwork are states, local governments and accuracy of the agency’s estimate of the Reduction Act of 1995, 44 U.S.C. 35, as nonprofits. Grantees report on program burden of the proposed collection of amended. accomplishments annually. information; (3) Enhance the quality, Dated: November 4, 2005. DATES: Comments Due Date: December utility, and clarity of the information to Wayne Eddins, 14, 2005. be collected; and (4) Minimize the burden of the collection of information Departmental Paperwork Reduction Act ADDRESSES: Interested persons are Officer,Office of the Chief Information Officer. invited to submit comments regarding on those who are to respond; including through the use of appropriate [FR Doc. E5–6257 Filed 11–10–05; 8:45 am] this proposal. Comments should refer to automated collection techniques or BILLING CODE 4210–27–P the proposal by name and/or OMB approval Number (2506–0133) and other forms of information technology, should be sent to: HUD Desk Officer, e.g., permitting electronic submission of DEPARTMENT OF HOUSING AND Office of Management and Budget, New responses. URBAN DEVELOPMENT Executive Office Building, Washington, This Notice Also Lists the Following DC 20503; fax: 202–395–6974. [Docket No. FR–4971–N–57] Information FOR FURTHER INFORMATION CONTACT: Title of Proposal: Housing Notice of Submission of Proposed Wayne Eddins, Reports Management Opportinities for Persons withAIDS Information Collection to OMB; Officer, AYO, Department of Housing (HOPWA) Program: Competitive grant Housing Opportunities for Persons and Urban Development, 451 Seventh application; Annual Progress Report With AIDS (HOPWA) Program: Street, SW., Washington, DC 20410; e- (APR) for (competitive grantees); Competitive Grant Application; Annual mail [email protected]; or Consolidated Annual Performance and Progress Report (APR) for Lillian Deitzer at Evaluation Report (CAPER) (formula (Competitive Grantees); Consolidated [email protected] or grantees) Annual Performance and Evaluation telephone (202) 708–2374. This is not a Report (CAPER) (Formula Grantees) toll-free number. Copies of available OMB Approval Number: 2506–0133. documents submitted to OMB may be Form Numbers: HUD–40110–B, HUD– AGENCY: Office of the Chief Information obtained from Mr. Eddins or Ms. 40110–C, HUD–40110–D. Officer, HUD. Deitzer. Description of the Need for the ACTION: Notice. SUPPLEMENTARY INFORMATION: This Information and Its Proposed Use: SUMMARY: The proposed information notice informs the public that the HOPWA provides states and localities collection requirement described below Department of Housing and Urban with the resources and incentives to has been submitted to the Office of Development has submitted to OMB a devise long-term comprehensive Management and Budget (OMB) for request for approval of the information strategies for meeting the housing and review, as required by the Paperwork collection described below. This notice related supportive service needs of low- Reduction Act. The Department is is soliciting comments from members of income persons with AIDS. Applicants soliciting public comments on the the public and affecting agencies are states, local governments and subject proposal. concerning the proposed collection of nonprofits. Grantees report on program HOPWA provides states and localities information to: (1) Evaluate whether the accomplishments annually. with the resources and incentives to proposed collection of information is Frequency of Submission: On devise long-term comprehensive necessary for the proper performance of occasion, annually.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting burden ...... 267 297 116 30,946

Total Estimated Burden Hours: DEPARTMENT OF HOUSING AND DATES: Meetings will be held on 30,946. URBAN DEVELOPMENT Tuesday, November 29, 2005, 8 a.m.–5 p.m.; Wednesday, November 30, 2005, 8 Status: Revision of a currently [Docket No. FR–4665–N–25] approved collection. a.m.–5 p.m.; and Thursday, December 1, Meeting of the Manufactured Housing 2005, 8 a.m.–11 a.m. Authority: Section 3507 of the Paperwork Consensus Committee ADDRESSES: These meetings will be held Reduction Act of 1995, 44 U.S.C. 35, as at the Radisson Hotel Old Town, amended. AGENCY: Office of the Assistant Alexandria, 901 North Fairfax Street, Secretary for Housing—Federal Housing Dated: November 3, 2005. Alexandria, Virginia, 22314, telephone Commissioner, HUD. Wayne Eddins, (703) 683–6000. ACTION: Notice of upcoming meeting. Departmental Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: Officer, Office of the Chief Information SUMMARY: This notice sets forth the William W. Matchneer III, Officer. schedule and proposed agenda of an Administrator, Manufactured Housing [FR Doc. E5–6258 Filed 11–10–05; 8:45 am] upcoming meeting of the Manufactured Program, Office of Consumer and BILLING CODE 4210–27–P Housing Consensus Committee (the Regulatory Affairs, Department of Committee). The meeting is open to the Housing and Urban Development, 451 public and the site is accessible to 7th Street SW., Washington, DC 20410, individuals with disabilities. telephone (202) 708–6409 (this is not a

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toll-free number). Persons who have Anticline Working Group (PAWG) will 4332(2)(C), the National Park Service difficulty hearing or speaking may meet in Pinedale, Wyoming, for a announces the availability of a record of access this number via TTY by calling business meeting. Group meetings are decision on the abbreviated final the toll-free Federal Information Relay open to the public. environmental impact statement for the Service at (800) 877–8339. DATES: The PAWG will meet December Boston Harbor Islands general SUPPLEMENTARY INFORMATION: Notice of 13, 2005, from 9 a.m. until 5 p.m. management plan. On October 17, 2005 this meeting is provided in accordance ADDRESSES: The meeting of the PAWG the Northeast Regional Director with section 10(a)(2) of the Federal will be held in the Lovatt room of the approved the Record of Decision for the Advisory Committee Act (5 U.S.C. App. Pinedale Library, 155 S. Tyler Ave., project. The Record of Decision 2) and 41 CFR 102–3.150. The Pinedale, WY. concludes the environmental analysis of Manufactured Housing Consensus FOR FURTHER INFORMATION CONTACT: the first general management for Boston Committee was established under Mike Stiewig, BLM/PAWG Liaison, Harbor Islands National Recreation Area section 604(a)(3) of the National Bureau of Land Management, Pinedale and adopts the plan. The plan defines Manufactured Housing Construction Field Office, 432 E. Mills St., PO Box the park’s mission and management and Safety Standards Act of 1974, as 738, Pinedale, WY, 82941; 307–367– direction and establishes a basic amended by the Manufactured Housing 5363. foundation for decision making in Improvement Act of 2000, 42 U.S.C. consultation with stakeholders. The SUPPLEMENTARY INFORMATION: 4503(a)(3). The Consensus Committee is The primary action of the plan is to charged with providing Pinedale Anticline Working Group designate specific ‘‘management areas’’ recommendations to the Secretary to (PAWG) was authorized and established for each area of the Boston Harbor adopt, revise, and interpret with release of the Record of Decision Islands National Recreation Area. An manufactured housing construction and (ROD) for the Pinedale Anticline Oil extensive participatory process has safety standards and procedural and and Gas Exploration and Development characterized the development of the enforcement regulations, and with Project on July 27, 2000. The PAWG general management plan, including developing proposed model installation advises the BLM on the development consultation with American Indian standards. and implementation of monitoring plans tribes. Implementation of the proposed and adaptive management decisions as general management plan would not Tentative Agenda development of the Pinedale Anticline result in the impairment of park A. Welcome and Introductions. Natural Gas Field proceeds for the life resources and would enable the Boston B. Departmental Status Reports. of the field. Harbor Islands Partnership to protect C. Installation Standards—Alternative The agenda for this meeting will park resources and provide for their Foundation Systems. include discussions concerning any enjoyment by visitors. The National D. Full Committee meeting—By-law modifications task groups may wish to Park Service commits to take all changes/processes and procedures/ make to their monitoring practicable measures to avoid or timelines. recommendations, a discussion on minimize environmental impacts that E. Dispute Resolution Proposed Rule. monitoring funding sources, and overall could result from implementation of the F. Accessibility—Universal Design— adaptive management implementation general management plan. Visitability. as it applies to the PAWG. At a minimum, public comments will be Dated: October 17, 2005. H. Public Testimony. Mary A. Bomar, I. Reports and Actions on Committee heard prior to lunch and adjournment of Regional Director, Northeast Region. work. the meeting. J. Adjourn. Dated: November 3, 2005. [FR Doc. 05–22530 Filed 11–10–05; 8:45 am] BILLING CODE 4312–52–P Dated: November 4, 2005. Priscilla Mecham, Brian D. Montgomery, Field Office Manager. Assistant Secretary for Housing—Federal [FR Doc. 05–22491 Filed 11–10–05; 8:45 am] DEPARTMENT OF JUSTICE Housing Commissioner. BILLING CODE 4310–22–P [FR Doc. E5–6259 Filed 11–10–05; 8:45 am] Office of Violence Against Women; BILLING CODE 4210–27–P Notice of Meeting DEPARTMENT OF THE INTERIOR AGENCY: Office on Violence Against National Park Service Women, Justice. DEPARTMENT OF THE INTERIOR ACTION: Change in meeting location. Environmental Statements; Record of Bureau of Land Management Decision: General Management Plan SUMMARY: This notice sets forth the [WY–100–06–1310–DB] for Boston Harbor Islands National schedule and proposed agenda of the Recreation Area forthcoming public meeting of the Notice of Meeting of the Pinedale National Advisory Committee on AGENCY: National Park Service, Anticline Working Group Violence Against Women (hereinafter Department of the Interior. ‘‘the Committee’’). AGENCY: Bureau of Land Management, ACTION: Notice of Availability of Record DATES: The meeting will take place on Interior. of Decision on Final Environmental November 14, 2005, from 8:30 a.m. to 5 ACTION: Notice of public meeting. Impact Statement for General p.m. and on November 15, 2005, from Management Plan, Boston Harbor 8:30 a.m. to 12 noon. SUMMARY: In accordance with the Islands National Recreation Area. Federal Land Policy and Management ADDRESSES: The meeting will take place Act (1976) and the Federal Advisory SUMMARY: Pursuant to section 102(2)(C) at the Department of Health and Human Committee Act (1972), the U.S. of the National Environmental Policy Services, Cohen Building, Room 5051, Department of the Interior, Bureau of Act of 1969, Public Law 91–190, 83 Stat 330 Independence Avenue, SW., Land Management (BLM) Pinedale 852, as codified as amended at 42 U.S.C. Washington, DC 20201.

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FOR FURTHER INFORMATION CONTACT: and allow extra time prior to the DEPARTMENT OF JUSTICE Kristina Rose, The National Advisory meeting. The meeting site is accessible Committee on Violence Against Women, to individuals with disabilities. Office of Justice Programs 800 K Street, NW., Ste. 920, Individuals who require special Agency Information Collection Washington, DC 20530; by telephone at: accommodations in order to attend the Activities Proposed Collection; (202) 307–6026; e-mail meeting should notify Kristina Rose by Comments Requested [email protected]; or fax: (202) e-mail at: [email protected]; or 307–3911. You may also view the fax at: (202) 307–3911, no later than ACTION: 60-Day Notice of Information Committee’s Web site at: http:// November 4, 2005. After this date, we Collection Under Review: New www.usdoj.gov/ovw/nac/welcome.html. will attempt to satisfy accommodation collection Census of Jail Facilities. SUPPLEMENTARY INFORMATION: Notice of requests, but cannot guarantee the this meeting is required under section availability of any requests. The Department of Justice (DOJ), 10(a)(2) of the Federal Advisory Office of Justice Programs, Bureau of Written Comments: Interested parties Committee Act. The Committee is Justice Statistics, has submitted the chartered by the Attorney General, and are invited to submit written comments following information collection request co-chaired by the Attorney General and by November 4, 2005, to Kristina Rose to the Office of Management and Budget the Secretary of Health and Human at The National Advisory Committee on (OMB) for review and approval in Services (the Secretary), to provide the Violence Against Women, 800 K Street, accordance with the Paperwork Attorney General and the Secretary with NW., Ste. 920, Washington, DC 20530. Reduction Act of 1995. The proposed practical and general policy advice Comments may also be submitted by e- information collected is published to concerning implementation of the mail at [email protected]; or fax obtain comments from the public and Violence Against Women Act of 1994, at (202) 307–3911. affected agencies. Comments are the Violence Against Women Act of Public Comment: Persons interested encouraged and will be accepted for 2000, and related laws. The Committee in participating during the public ‘‘sixty days’’ until January 13, 2006. also assists in the efforts of the comment period of the meeting, which This process is conducted in accordance Department of Justice and the will discuss the implementation of the with 5 CFR 1320.10. Department of Health and Human Violence Against Women Act of 1994 If you have comments, especially the Services to combat violence against and the Violence Against Women Act of estimated public burden or associated women, especially domestic violence, 2000, are requested to reserve time on response time, suggestions, or need a sexual assault, and stalking. Because copy of the proposed information the agenda by contacting Kristina Rose violence against women is increasingly collection instrument with instructions by e-mail at [email protected]; or recognized as a public health problem of or additional information, please staggering human cost, the Committee fax at (202) 307–3911. Requests must contact James Stephan, Statistician (202) brings national attention to the problem include the participant’s name, 616–3289, Bureau of Justice Statistics, to increase public awareness of the need organization represented, if appropriate, Office of Justice Programs, U.S. for prevention and enhanced victim and a brief description of the issue. Each Department of Justice, 810 Seventh services. participant will be permitted Street NW., Washington, DC 20531. This meeting will primarily focus on approximately 3 to 5 minutes to present Requests for written comments and the Committee’s work and the Federal comments, depending on the number of suggestions from the public and affected Government’s response to violence individuals reserving time on the agencies concerning the proposed against women; there will, however, be agenda. Participants are also encouraged collection of information are an opportunity for public comment on to submit two written copies of their encouraged. Your comments should the Committee’s role in providing comments at the meeting. address one or more of the following general policy guidance on Given the expected number of four points: • implementation of the Violence Against individuals interested in presenting Evaluate whether the proposed Women Act of 1994, the Violence comments at the meeting, reservations collection of information is necessary Against Women Act of 2000, and related should be made as soon as possible. for the proper performance of the laws. Persons unable to obtain reservations to functions of the agency, including Schedule: This meeting will be held whether the information will have speak during the meetings are on November 14, 2005, from 8:30 a.m. practical utility; encouraged to submit written until 5 p.m. and on November 15, 2005 • Evaluate the accuracy of the from 8:30 a.m. to 12 noon, and will comments, which will be accepted at agency’s estimate of the burden of the include breaks and a working lunch. the meeting site or may be mailed to the proposed collection of information, Time will be reserved for public Committee at 800 K Street, NW., Ste. including the validity of the comment on November 14 beginning at 920, Washington, DC 20530. methodology and assumptions used; 11:30 a.m. and ending at 12 p.m. See the Dated: November 8, 2005. • Enhance the quality, utility and section below for information on Diane M. Stuart, clarity of the information to be reserving time for public comment. Director, Office on Violence Against Women. collected; and Minimize the burden of Access: This meeting will be open to the collection of information on those [FR Doc. 05–22517 Filed 11–10–05; 8:45 am] the public but registration on a space- who are to respond, including through available basis is required. Persons who BILLING CODE 4410–FX–M the use of appropriate automated, wish to attend must register at least six electronic, mechanical, or other (6) days in advance of the meeting by technological collection techniques or contacting Kristina Rose by e-mail at: other forms of information technology, [email protected]; or fax: (202) e.g. permitting electronic submission of 307–3911. All attendees will be required responses. to sin in at the meeting registration Overview of this information desk. Please bring photo identification collection:

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(1) Type of information collection: Dated: November 7, 2005. will provide Federal agencies with the New collection. Robert B. Briggs, National Archives and Records (2) The title of the Form/Collection: Department Clearance Officer, Department of Administration’s (NARA) approach to Census of Jail Facilities, 2006. Justice. improve the management of electronic [FR Doc. 05–22509 Filed 11–10–05; 8:45 am] records, including web records, as (3) Agency form number, if any, and BILLING CODE 4410–18–P directed by Section 207(e) of the E- the applicable component of the Government Act of 2002, [Pub. L. 107– Department of Justice sponsoring the 347]. collection: Form Number: CJ–3F. Bureau DEPARTMENT OF LABOR DATES: Comments must be received by of Justice Statistics, Office of Justice December 29, 2005 Programs, United States Department of Labor Advisory Committee for Trade ADDRESSES: Please send your comments Justice. Negotiations and Trade Policy; by e-mail to comments @nara.gov or by (4) Affected public who will be asked Meeting Notice fax to 301–837–0319 or by mail to to respond, as well as a brief abstract: NPOL, National Archives and Records Pursuant to the provisions of the Administration, Room 4100, 8601 Primary: County and City jail Federal Advisory Committee Act (Pub. Adelphi Rd, College Park, MD 20740– authorities. Secondary: Federal L. 92–463, as amended), notice is hereby 6001 authorities and private correctional given of a meeting of the Labor Advisory facility operators. The Census of Jail Committee for Trade Negotiation and FOR FURTHER INFORMATION CONTACT: Facilities, together with the Census of Trade Policy. Nancy Allard at 301–837–1477 or via e- Jail Inmates, is the foundation for all mail at [email protected]. national statistics on local jails and Date, time, place: November 29, 2005; 3– 5 p.m.; Lincoln Room of the White House SUPPLEMENTARY INFORMATION: The E- inmates. These censuses provide the Conference Center, 726 Jackson Place, NW., Government Act of 2002 directs the frames from which to generalize to the Washington, DC. Archivist of the United States to issue nation and to track changes over time. Purpose: The meeting will include a policies for effective management of Without periodic censuses, sample review and discussion of current issues electronic records, including surveys would be unreliable, and which influence U.S. trade policy. Potential Government information on the Internet statistics would be based on a group of U.S. negotiating objectives and bargaining (web records) by December 17, 2005. jails of unknown representativeness, positions in current and anticipated trade NARA has considered the December negotiations will be discussed. Pursuant to that were simply convenient to contact 19 U.S.C. 2155(f) it has been determined that 2004 Report of the Interagency and willing to respond. These censuses the meeting will be concerned with matters Committee on Government Information provide a benchmark against which the disclosure of which would seriously (ICGI) in developing these policies. The jurisdictions may compare their compromise the Government’s negotiating ICGI Report is available at http:// correctional populations. objectives or bargaining positions. www.cio.gov/documents/ICGI/ICGI– Administrators use their data to Accordingly, the meeting will be closed to 207e-report.pdf. For a paper copy of the evaluate staffing and budget needs the public. See section 10(d) of the Federal Report, contact the person listed in FOR relative to similarly situated jail Advisory Committee Act, 5 U.S.C. app., and FURTHER INFORMATION CONTACT. section (c)(9)(B) of the Government in the jurisdictions. Practitioners, policy Sunshine Act, 5 U.S.C. 552b(c)(9)(B). Dated: November 4, 2005. makers, and researchers are able to test FOR FURTHER INFORMATION CONTACT: Nancy Allard, assertions and conclusions about the Gregory Schoepfle, Acting Director, Federal Register Liaison. causes and consequences of current Office of International Economic Affairs; sentencing release policies. Finally, the DRAFT NARA Bulletin 2006–XX Phone: (202) 693–4887. censuses present raw material for TO: Heads of Federal Agencies discussion and evaluation of Signed at Washington, DC, this 4th day of SUBJECT: NARA Guidance for correctional policies and practices November 2005. Implementing Section 207(e) of the E- throughout the nation, in some States Martha Newton, Government Act of 2002 providing the only sources of objective Acting Deputy Under Secretary, International EXPIRATION DATE: October 1, 2009 Labor Affairs. descriptions of the operation of local 1. What is the purpose of this bulletin? jails. [FR Doc. 05–22526 Filed 11–10–05; 8:45 am] BILLING CODE 4510–28–P This bulletin provides Federal (5) An estimate of the total number of agencies with the National Archives and respondents and the amount of time Records Administration’s (NARA) estimated for an average respondent to NATIONAL ARCHIVES AND RECORDS approach to improve the management of respond: Three thousand eighty-four ADMINISTRATION electronic records, including web respondents each taking an average of records, as directed by Section 207(e) of 120 minutes to respond. Draft NARA Guidance for the E-Government Act of 2002, [Pub. L. (6) An estimate of the total public Implementing Section 207(e) of the E- 107–347]. burden (in hours) associated with the Government Act of 2002; Request for 2. What is the background for this collection: There are an estimated 6,168 Comment bulletin? annual total burden hours associated AGENCY: National Archives and Records Section 207(e) directs the Archivist of with the collection. Administration (NARA). the United States to issue policies: If additional information is required, ACTION: Notice of availability of (A) requiring the adoption by agencies contact: Robert B. Briggs, United States document; request for comment. of policies and procedures to ensure Department of Justice, Justice that chapters 21, 25, 27, 29, and 31 of Management Division, Policy and SUMMARY: NARA is seeking public title 44, United States Code, are applied Planning Staff, Patrick Henry Building, comment on the draft NARA Guidance effectively and comprehensively to Suite 1600, 601 D Street NW., for Implementing Section 207(e) of the Government information on the Internet Washington, DC 20530. E-Government Act of 2002. This bulletin and to other electronic records; and

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(B) imposing timetables for the guidance related to electronic records Subchapter B, Records Management. In implementation of the policies, management and the areas in which addition, and as required by these procedures, and technologies by future policy will be made. The bulletin regulations, agencies must continue to agencies. also establishes timelines by which identify, schedule, and transfer to 3. What policies is NARA issuing? Federal agencies and NARA must take NARA records, particularly electronic action regarding electronic records records, that have or will likely have a a. NARA issues regulations governing management. permanent retention. By September 30, the management of all records, 2009, agencies must have NARA- including electronic records in 36 CFR 4. What must agencies do to implement approved records schedules covering all Ch. XII, Subchapter B. NARA also issues this bulletin? existing (as of December 17, 2005) policy guidance that supplements these regulations. a. Agencies must continue to manage electronic records systems. b. This bulletin outlines the major their records, including electronic b. To support this activity, NARA pieces of existing NARA policy records, consistent with 36 CFR Ch. XII, establishes the following timelines:

Responsible party Date required (federal agencies Required actions or NARA)

Ongoing ...... Federal Agencies Federal agencies are already required to: • Implement processes and procedures to manage electronic records in existing agency systems; • Transfer to NARA permanent electronic records from existing or legacy sys- tems according to approved records schedules; • Identify, schedule, and transfer to NARA permanent or potentially permanent electronic records from existing or legacy systems. By September 30, 2009, agencies must have NARA-approved records sched- ules covering all existing (as of December 17, 2005) electronic records sys- tems. Ongoing ...... Federal Agencies Federal agencies must build records management capabilities into all newly de- veloped systems that generate Federal records, specifically including functionalities to identify and transfer to NARA records of permanent or poten- tially permanent value. By FY 2008 (October 1, 2007) ...... NARA ...... NARA will: • Articulate specifications for agencies to use to ensure the solutions profes- sional and IT service providers sell to Federal agencies meet statutory and regulatory Federal records management requirements; and • Promulgate additional guidance and best practices for Federal agencies to identify, schedule, and transfer to NARA permanent or potentially permanent electronic records from existing or legacy systems.

Major areas of existing NARA potentially permanent electronic at http://www.archives.gov/facilities/ guidance and plans for future guidance records, the procedures and processes index.html. are described in the attachment to this should meet their agency business c. If you need more general bulletin. needs and be consistent with ERA. information about the contents of this NARA will provide agencies with 5. How does the Electronic Records bulletin, please contact [to be added information regarding ERA as Archives (ERA) program relate to this when bulletin is issued]. development proceeds. bulletin? Allen Weinstein, 6. Whom do I contact for additional a. On September 8, 2005, NARA information? Archivist of the United States. awarded a six-year contract to Lockheed [Attachment] Policy for Effective and Martin Corporation to build the ERA a. NARA’s Life Cycle Management system for NARA. The Initial Operating Division provides assistance and advice Comprehensive Management of Capability for the system is scheduled to to agency records officers in the Electronic Records Introduction be available in late FY 2007 and Full Washington, DC, area. Your agency’s The Federal Records Act directs the Operating Capability is planned to be records officer may contact the NARA Archivist of the United States to provide available in FY 2011. All records appraiser or records analyst with whom guidance and assistance to Federal management tools, policies, and your agency normally works for support agencies to ensure adequate and proper requirements developed by NARA in carrying out this bulletin. A list of the documentation of the policies and support or will support the appraisal and scheduling work groups is transactions of the Federal Government. comprehensive and effective posted on the NARA Web site at management of electronic records and http://www.archives.gov/records-mgmt/ The E-Gov Act of 2002 further directs their management within the ERA appraisal/index.html. the Archivist to issue policies to ensure system, as well as the statutory and b. The Records Management staff in that the Federal Records Act is applied business needs of Federal agencies. NARA’s regional offices provides effectively and comprehensively to b. As Federal agencies develop assistance to agency records officers Government information on the Internet procedures and processes to manage across the country. A complete list of and to other electronic records. their records, especially permanent or NARA regional facilities may be found

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Existing Policy www.archives.gov/records-mgmt/ Developed in concert with the Office To fulfill its statutory responsibilities, initiatives/scanned-textual.html. of Management Budget (OMB) and other » Transfer Instructions for Existing E- NARA regularly promulgates records stakeholders, and currently under mail Messages with Attachments management policy to ensure adequate review at OMB, this tool will be (September 30, 2002)—http:// and proper documentation of the available in FY 2006. www.archives.gov/records-mgmt/ • policies and transactions of the Federal Records Management Service initiatives/e-mail-attachments.html. Components (RMSC). In FY 2005, Government. Current records • NARA Guidance on Electronic management policy is available at NARA led an effort with records Signatures. management, counsel, IT, and program http://www.archives.gov/records-mgmt/. » Records Management Guidance for management leaders from eighteen The following are links to significant Agencies Implementing Electronic records management policy for Federal agencies that identified Signature Technologies—http:// functional requirements for records electronic records, including web www.archives.gov/records-mgmt/policy/ records. management within a components- electronic-signature-technology.html. based architecture. An RMSC is a piece Web Records: » Records Management Guidance For NARA Guidance for Managing Web of software that provides services that PKI-Unique Administrative Records— support the creation, management, Records (January 2005)—http:// http://www.archives.gov/records-mgmt/ www.archives.gov/records-mgmt/policy/ transfer, and destruction of electronic policy/pki-guidance.html. records within a components-based or managing-web-records-index.html. » Records Management Guidance for service-oriented computing PKI Digital Signature Authenticated and Other Electronic Records environment. Secured Transaction Records—http:// • In FY 2006, NARA will invite back Enterprise-Wide ERM. www.archives.gov/records-mgmt/policy/ » representatives from the eighteen Methodology for Determining pki.html. Agency-unique Requirements (August participating agencies to review 23, 2004)—http://www.archives.gov/ Future Tools, Policy, and Requirements industry responses to a Request for records-mgmt/policy/requirements- Electronic Records Management Information (RFI) about the seven guidance.html. (ERM) Toolkit. The ERM Toolkit will be components currently identified to » Coordinating the Evaluation of developed as an organized portal where support records management in a Capital Planning and Investment a collection of proven ERM guidance components-based architecture and to Control (CPIC) Proposals for ERM tools such as case studies, best practice finalize the requirements. The results of Applications (June 23, 2003)—http:// documents, process models, policies this activity will become part of a www.archives.gov/records-mgmt/policy/ and directives, tips and techniques, strategy to facilitate acquisition of cpic-guidance.html. training programs, lessons learned, RMSCs that can be used to provide • Electronic Information Management presentations, and other practical tools interoperable Records Management Standards. that can be used by Federal agencies to functionality in any agency system that » NARA Bulletin 2003–03, promote and implement effective creates, receives, and manages Endorsement of DoD Electronic Records management of Government information electronic records in accordance with Management Application (RMA) Design on the Internet and other electronic the FEA and with applicable laws and Criteria Standard, version 2 (January 15, records. regulations. 2003)—http://www.archives.gov/ An initial proof-of-concept will be Increasing Awareness of Records records-mgmt/bulletins/2003/2003– deployed in March 2006, with Management Considerations in the 03.html. subsequent tools and capabilities added • Professional Services and IT Services Transfer permanent electronic thereafter. NARA-developed guidance Community records to NARA. outlined below will be available in the » Transfer Instructions for Permanent ERM Toolkit. NARA will broaden and increase Electronic Records: Web Content Records Management Profile and records management considerations in Records (September 17, 2004)—http:// Records Management Service professional services and IT system www.archives.gov/records-mgmt/ Components. With a wide variety of procurements by: initiatives/web-content-records.html. stakeholders, NARA will develop policy • Providing professional services » Transfer Instructions for Permanent and conceptual products to support providers (GSA Schedule Mission Electronic Records: Digital Geospatial Federal agencies in building records Oriented Business Integration Services Data Records (April 9, 2004)—http:// management requirements into IT (MOBIS) providers) criteria and www.archives.gov/records-mgmt/ systems creating electronic records. standards to ensure statutory and initiatives/digital-geospatial-data- These include: regulatory Federal records management records.html. • Records Management Profile. The requirements are accounted for in the » Transfer Instructions for Permanent Records Management Profile is a business solutions they provide to Electronic Records: Digital Photographic framework that overlays, or cross-cuts, Federal agencies that affect or result in Records (November 12, 2003)—http:// the inter-related Federal Enterprise the creation of Federal electronic www.archives.gov/records-mgmt/ Architecture (FEA) reference models: records. This work will be completed by initiatives/digital-photo-records.html. The Business Reference Model, the October 1, 2008. » Transfer Instructions for Permanent Service Component Reference Model, • Providing IT service providers (GSA Electronic Records in Portable the Technical Reference Model, the Data Schedule 70 providers) criteria and Document Format (PDF) (March 31, Reference Model, and the Performance standards to ensure statutory and 2003)—http://www.archives.gov/ Reference Model. The Records regulatory Federal records management records-mgmt/initiatives/pdf- Management Profile provides an requirements are accounted for in IT records.html. overview of the FEA and explains how systems creating electronic records in » Transfer Instructions for Existing the reference models provide a context the transaction Federal Government Scanned Images of Textual Records for applying effective records business. This work will be completed (December 23, 2002)—http:// management practices. by October 1, 2008.

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Identification, Preservation, and of the National Archives and Records or potentially permanent electronic Continued Access to Permanently Administration. records; and Valuable Electronic Records • Concise articulations of NARA’s (b) The general, high-level technical To ensure the identification, permanent records priorities based on requirements Federal agencies must preservation, and continued access to our governmentwide resource allocation meet to manage their permanent or Government information on the Internet results, identifying the Federal potentially permanent electronic and to other electronic records, NARA Enterprise Architecture, Business records. will develop policy for managing 1 Reference Model, Services to Citizens The agency self-analysis would permanent or potentially permanent areas (Lines of Business) that NARA is include the NARA 1441 and the electronic records generated in Federal most concerned with. resource allocation criteria, as well as technical evaluation based on the agencies. • In addition to developing the tools Self-analysis checklists for Federal Records Management Profile. outlined above and continuing general agencies to use to identify and report These tools will allow agencies to work on NARA regulations and on: help Federal agencies and NARA guidance, NARA will develop: (a) The major government information identify and manage the electronic • Concise, public-use versions of systems resources that they are records that need to be preserved for criteria in NARA 1441, Appraisal Policy responsible for that generate permanent access and use by future generations.

TIMELINE FOR ACTION

Responsible party Date required (Federal agencies Required actions or NARA)

Ongoing ...... Federal Agencies Federal agencies are already required to: • Implement processes and procedures to manage electronic records in existing agency systems; • Transfer to NARA permanent electronic records from existing or legacy sys- tems according to approved records schedules; • Identify, schedule, and transfer to NARA permanent or potentially permanent electronic records from existing or legacy systems. By September 30, 2009, agencies must have NARA-approved records sched- ules covering all existing (as of December 17, 2005) electronic records sys- tems. Ongoing ...... Federal Agencies Federal agencies must build records management capabilities into all newly de- veloped systems that generate Federal records, specifically including functionalities to identify and transfer to NARA records of permanent or poten- tially permanent value. By FY 2008 (October 1, 2007) ...... NARA ...... NARA will: • Articulate specifications for agencies to use to ensure the solutions profes- sional and IT service providers sell to Federal agencies meet statutory and regulatory Federal records management requirements; and • Promulgate additional guidance and best practices for Federal agencies to identify, schedule, and transfer to NARA permanent or potentially permanent electronic records from existing or legacy systems.

[FR Doc. 05–22527 Filed 11–10–05; 8:45 am] supports the National Science 9194. Comments may be mailed to the BILLING CODE 7515–01–P Foundation (NSF) and U.S. Department address above or sent via facsimile at of Energy (DOE) proposal to authorize (520) 325–2003. the continued expenditure of grant SUPPLEMENTARY INFORMATION: The NSF NATIONAL SCIENCE FOUNDATION funds totaling $12.3 million by the Smithsonian Institution to construct a and DOE propose to authorize the Notice of Availability of Draft four-telescope array near Tucson, continued expenditure of grant funds Environmental Assessment for the Arizona. The draft EA is available at totaling $12.3 million by the Very Energetic Radiation Imaging http://veritas.sao.arizona.edu/. Smithsonian Institution to construct a Telescope Array System (Veritas) DATES: Comments should be received by four-telescope array near Tucson, the Agencies’ third-party contractor, Arizona. The proposed telescopes and AGENCIES: National Science Foundation ancillary facilites are known as the Very (Lead Agency) and the U.S. Department SWCA Environmental Consultants, no later than December 9, 2005. Energetic Radiation Imaging Telescope of Energy (Cooperating Agency With Array System (VERITAS). The purpose Jurisdiction). ADDRESSES: Comments, or requests for of the proposed project would be to ACTION: Notice of availability. copies of the draft EA, should be sent to: Tom Furgason, Project Manager, SWCA provide the ground-based capability to SUMMARY: This notice announces the Environmental Consultants, 343 West study extremely energetic gamma rays availability, and opportunity for public Franklin Street, Tucson, AZ 85701. potentially produced from a variety of review and comment, of the Requests for copies of the draft EA astrophysical sources. VERITAS would environmental assessment (EA) that may also be made by calling (520) 325– permit researchers to study the

1 By managing, we include identifying, scheduling, and transferring to the National Archives.

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properties of the sources of these gamma issues discussed during the earlier Federal Official, Mr. Ralph Caruso rays. sessions. (Telephone: 301–415–8065) five days VERITAS would consist of an array of • 3:45 p.m.–4:15 p.m.: ACNW prior to the meeting, if possible, so that four identical telescopes, and ancillary Roundtable Discussion (Open)—The appropriate arrangements can be made. facilites such as control building, Committee will review the matters Electronic recordingswill be permitted. communications links, and an access discussed from the previous public Signs will not be permitted in the road with underground utilities. The sessions and decide whether it intends meeting room. preferred alternative site for VERITAS is to provide advice to the Commission. Further information regarding this • a 10-hectare (25-acre) parcel in an area 4:15 p.m.–5:30 p.m.: Preparation of meeting can be obtained by contacting located west of the top of Kitt Peak in ACNW Reports/Letters (Open)—The the Designated Federal Official between Horsehose Canyon. The proposed Committee will discuss proposed 7:30 a.m. and 4:15 p.m. (e.t). Persons project area is within the Kitt Peak ACNW reports on matters considered planning to attend this meeting are National Observatory (KPNO) area during this meeting. urged to contact the above named leased by NSF from the Tohono Tuesday and Wednesday, November individual at least two working days O’odham Nation. A 4-hectare (10-acre) 15–16, 2005 prior to the meeting to be advised of any site known as Montosa Canyon, located potential changes to the agenda. in the Coronado National Forest in The agenda for Tuesday and southern Arizona, is also evaluated as Wednesday, November 15–16, 2005 Dated: November 4, 2005. an alternative site. Under the no action remain the same as previously Michael L. Scott, alternative, NSF and DOE would make announced in the Federal Register on Branch Chief, ACRS/ACNW. no further funds available for the November 3, 2005. [FR Doc. E5–6245 Filed 11–10–05; 8:45 am] construction of the VERITAS project. For further information, contact Ms. BILLING CODE 7590–01–P Sharon A. Steele (telephone 301–415– Issued in Arlington, VA. 6805) between 7:30 a.m. and 4 p.m., ET. Lawrence Rudolph, Dated: November 7, 2005. General Counsel, National Science SECURITIES AND EXCHANGE Foundation. Andrew L. Bates, COMMISSION [FR Doc. 05–22544 Filed 11–10–05; 8:45 am] Advisory Committee Management Officer. BILLING CODE 7555–01–M [FR Doc. E5–6244 Filed 11–10–05; 8:45 am] Sunshine Act Meeting BILLING CODE 7590–01–P FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: [70 FR 67765, NUCLEAR REGULATORY NUCLEAR REGULATORY November 8, 2005]. COMMISSION COMMISSION STATUS: Closed Meeting. Advisory Committee on Nuclear Advisory Committee on Reactor Waste; Revised Notice of Meeting Safeguards Subcommittee Meeting on PLACE: 100 F Street, NE., Washington, Power Uprates; Notice of Meeting DC. The agenda for the 165th ACNW DATE AND TIME OF PREVIOUSLY ANNOUNCED meeting scheduled to be held on The ACRS Subcommittee on Power MEETING: Thursday, November 10, 2005 November 14–16, 2005 has been revised Uprates will hold a meeting on at 10 a.m. to reflect the changes noted below. November 29–30, 2005, Room T–2B3, Notice of this meeting was previously 11545 Rockville Pike, Rockville, CHANGE IN THE MEETING: Time change/ published in the Federal Register on Maryland. deletion of items. Thursday, November 3, 2005 (70 FR The agenda for the subject meeting The Closed Meeting scheduled for 66864). shall be as follows: Thursday, November 10, 2005 at 10 a.m. Tuesday, November 29, 2005–8:30 Monday, November 14, 2005 has been changed to Thursday, a.m. until the conclusion of business. November 10, 2005 at 9:30 a.m. • 10:15 a.m.–12:15 p.m.: Public Wednesday, November 30, 2005–8:30 The following items will not be Comment Session (Open)—The a.m. until the conclusion of business. considered during the Thursday, Committee will hear presentations from The Subcommittee will review the November 10, 2005 Closed Meeting: and hold discussions with interested application by Entergy Nuclear stakeholders on the issues discussed Northeast (Entergy) for an extended Opinion; and during the earlier sessions. Scheduled power uprate for the Vermont Yankee Regulatory matter bearing presenters include: Dr. Dade Moeller, Nuclear Power Station. The enforcement implications. Chairman of the Board, Dade Moeller Subcommittee will hear presentations At times, changes in Commission and Associates; Dr. Thomas Tenforde, by and hold discussions with priorities require alterations in the President, National Council on representatives of the NRC staff, their scheduling of meeting items. For further Radiation Protection; Dr. John Kessler, contractors, Entergy and other interested information and to ascertain what, if Manager, Electric Power Research persons regarding this matter. The any, matters have been added, deleted Institute High-Level Waste and Spent Subcommittee will gather information, or postponed, please contact the Office Nuclear Fuel Program; and Mr. Martin analyze relevant issues and facts, and of the Secretary at (202) 551–5400. Malsh, Esq., State of Nevada. formulate proposed positions and • 1:30 p.m.–3:30 p.m.: Public actions, as appropriate, for deliberation Dated: November 9, 2005. Comment Session—Continued (Open)— by the full Committee. Jonathan G. Katz, The Committee will continue to hear Members of the public desiring to Secretary. presentations from and hold discussions provide oral statements and/or written [FR Doc. 05–22585 Filed 11–9–05; 11:13 am] with interested stakeholders on the comments should notify the Designated BILLING CODE 8010–01–P

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SECURITIES AND EXCHANGE summaries, set forth in sections A, B, of orders to trade with orders in the COMMISSION and C below, of the most significant ANTE Central Book. If more than one aspects of such statements. ANTE Participant 6 and/or a floor broker [Release No. 34–52740; File No. SR–Amex– representing a customer order submits 2005–109] A. Self-Regulatory Organization’s an order to trade with an order in the Statement of the Purpose of, and Self-Regulatory Organizations; ANTE Central book within a period not Statutory Basis for, the Proposed Rule to exceed five seconds after the initial American Stock Exchange, LLC; Change Notice of Filing and Immediate ANTE Participant has submitted its Effectiveness of Proposed Rule 1. Purpose order, all those ANTE Participants and the floor broker’s customer will be Change Revising the Implementation Revised Implementation Date—Rule entitled to participate in the allocation Date for the ANTE System and 900—ANTE Increased Floor Broker Functionality in of any executed contracts. The ANTE the ANTE System On May 20, 2004, the Commission System is currently unable to provide approved the Amex’s proposal to the functionality necessary for floor November 4, 2005. implement a new options trading brokers representing customer orders in Pursuant to Section 19(b)(1) of the platform known as the Amex New the trading crowd to directly participate Securities Exchange Act of 1934 Trading Environment (‘‘ANTE’’). On in the post trade allocation of orders (‘‘Act’’),1 and Rule 19b–4 thereunder,2 May 25, 2004, the Amex began rolling taken off the Central Book. Commentary notice is hereby given that on October out the ANTE System on its trading .01 to Amex Rule 935—ANTE provides 27, 2005, the American Stock Exchange floor on a specialist’s post-by- a temporary methodology for the LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with specialist’s post basis. At that time it specialist to disengage the post trade the Securities and Exchange was anticipated the roll-out would be allocation system in a specific series, Commission (‘‘Commission’’) the completed by the end of the second which allows the floor broker to alert proposed rule change as described in quarter of 2005. The implementation the specialist within the five second Items I and II below, which items have date for the full roll-out of the ANTE timeframe whenever his customer wants been prepared by Amex. Amex has filed System was extended to October 31, to participate in post trade allocation, the proposed rule change pursuant to 2005.5 The Amex has rolled out the and allows the specialist to provide for Section 19(b)(3)(A) of the Act 3 and Rule ANTE System to all its option classes the customer’s participation in post 19b–4(f)(6) thereunder,4 which renders except two—the Nasdaq 100 Index trade allocation when appropriate. The the proposal effective upon filing with (‘‘NDX’’) and the Mini Nasdaq Index Commission approved the procedures the Commission. The Commission is (‘‘MNX’’). There are specific reasons set forth in Commentary .01 as a publishing this notice to solicit why these products have not been rolled ‘‘reasonable, temporary solution’’ 7. comments on the proposed rule change out on the ANTE System. The specialist Commentary .01 to Amex Rule 935— from interested persons. in these products is concerned that the ANTE also provides that the ANTE theoretical price calculator provided by System will give floor brokers greater I. Self-Regulatory Organization’s the ANTE System may not accurately functionality accessing the Central Book Statement of the Terms of Substance of price the options on these indexes. The on March 31, 2005, or such other date the Proposed Rule Change specialist is currently waiting for his as established by the Exchange and Amex proposes to amend (1) Rule own theoretical index price calculator, submitted to the Commission pursuant 900—ANTE to provide a revised date for which has been installed and is to Section 19(b) of the Act. The the completion of the implementation of currently being tested, to successfully Exchange subsequently established the ANTE System to all option classes; calculate prices for these indexes and October 31, 2005, as the date the and (2) Rule 935—ANTE, Commentary the options. It is expected that the increased functionality would be .01 to establish a revised date for MNX/NDX specialist will have its available in the ANTE System. Due to a increased floor broker functionality in proprietary calculator in place by delay in the roll out of the increased the ANTE System. The text of the November 30, 2005. floor broker functionality, the Exchange proposed rule change is available on The Amex is now proposing to further now proposes to establish November 30, Amex’s Web site (http:// revise its implementation schedule to 2005, as the date set forth in www.amex.com), at Amex’s Office of the provide that the remaining two option Commentary .01 to Amex Rule 935— Secretary, and at the Commission’s classes will be on the ANTE System by ANTE for such increased functionality. Public Reference Room. November 30, 2005. Maintaining two 2. Statutory Basis systems for the trading of options—the II. Self-Regulatory Organization’s The Exchange believes that the Statement of the Purpose of, and legacy system (XTOPS, AODB and Auto-Ex) and ANTE—is costly. As a proposed rule change is consistent with Statutory Basis for, the Proposed Rule 8 result the Exchange is working Section 6(b) of the Act in general and Change furthers the objectives of Section 6(b)(5) diligently to have all option classes on 9 In its filing with the Commission, the ANTE System by November 30, of the Act in particular in that it is Amex included statements concerning 2005 so that it can retire its legacy designed to prevent fraudulent and the purpose of and basis for the systems. manipulative acts and practices and to proposed rule change and discussed any promote just and equitable principles of comments it received on the proposed Increased Floor Broker Functionality— trade, to foster cooperation and rule change. The text of these statements Rule 935—ANTE may be examined at the places specified 6 Amex Rule 900—ANTE (b)(45) defines an ANTE Amex Rule 935—ANTE (b) provides Participant as either the specialist and/or registered in Item IV below. Amex has prepared for the post trade allocation of contracts options trader(s) assigned to trade a specific options executed as the result of the submission class on the ANTE System. 1 15 U.S.C. 78s(b)(1). 7 See Securities Exchange Act Release No. 49747 2 17 CFR 240.19b–4. 5 See Securities Exchange Act Release No. 52504 (May 20, 2004) 69 FR 30344 (May 27, 2004). 3 15 U.S.C. 78s(b)(3)(A). (September 23, 2005) 70 FR 57632 (October 3, 8 15 U.S.C. 78f(b). 4 17 CFR 240.19b–4(f)(6). 2005). 9 15 U.S.C. 78f(b)(5).

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coordination with persons engaged in theoretical price calculators for the final public in accordance with the regulating, clearing, settling, processing two options classes are not installed provisions of 5 U.S.C. 552, will be information with respect to and and/or functioning properly and that it available for inspection and copying in facilitating transactions in securities, to has not yet implemented the the Commission’s Public Reference remove impediments to and perfect the functionality for floor brokers customer Room. Copies of such filing also will be mechanism of a free and open market orders. The Commission believes that available for inspection and copying at and a national market system, and in extending the deadline for the principal office of the Exchange. All general, to protect investors and the implementing Amex Rules 900—ANTE comments received will be posted public interest; and is designed to and 935—ANTE by a month should without change; the Commission does prohibit unfair discrimination between afford Amex the time needed to install not edit personal identifying customers, issuers, brokers and dealers. and test the theoretical price calculators information from submissions. You and to implement the floor broker should submit only information that B. Self-Regulatory Organization’s customer order functionality. For these you wish to make available publicly. All Statement on Burden on Competition reasons, the Commission designates the submissions should refer to File The Exchange does not believe that proposed rule change as effective and Number SR–Amex–2005–109 and the proposed rule change will impose operative immediately. should be submitted on or before any burden on competition that is not At any time within 60 days of the December 5, 2005. necessary or appropriate in furtherance filing of the proposed rule change the For the Commission, by the Division of of the purposes of the Act. Commission may summarily abrogate Market Regulation, pursuant to delegated C. Self-Regulatory Organization’s such proposed rule change if it appears authority.14 Statement on Comments on the to the Commission that such action is Jonathan G. Katz, Proposed Rule Change Received From necessary or appropriate in the public Secretary. interest, for the protection of investors, Members, Participants or Others [FR Doc. E5–6250 Filed 11–10–05; 8:45 am] or otherwise in furtherance of the No written comments were solicited purposes of the Act. BILLING CODE 8010–01–P or received with respect to the proposed rule change. IV. Solicitation of Comments Interested persons are invited to SECURITIES AND EXCHANGE III. Date of Effectiveness of the COMMISSION Proposed Rule Change and Timing for submit written data, views, and Commission Action arguments concerning the foregoing, [Release No. 34–52736; File No. SR–Amex– including whether the proposed rule 2005–111] The Exchange has designated the change is consistent with the Act. proposed rule change as a ‘‘non- Comments may be submitted by any of Self-Regulatory Organizations; controversial’’ rule change pursuant to the following methods: American Stock Exchange LLC; Notice Section 19(b)(3)(A)(iii) of the Act 10 and of Filing and Immediate Effectiveness 11 Electronic Comments subparagraph (f)(6) thereunder. Amex of Proposed Rule Change Relating to represents that the proposed rule • Use the Commission’s Internet an Extension of the Suspension of change: (1) Does not significantly affect comment form (http://www.sec.gov/ Transaction Charges for Specialist the protection of investors or the public rules/sro.shtml); or Orders in the Nasdaq-100 Tracking • interest; (2) does not impose any Send an e-mail to rule- Stock (QQQQ) significant burden on competition; and [email protected]. Please include File (3) does not become operative for thirty Number SR–Amex–2005–109 on the November 4, 2005. days from the date on which it was subject line. Pursuant to Section 19(b)(1) of the filed, or such shorter time as the Securities Exchange Act of 1934 Paper Comments Commission may designate if consistent (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 with the protection of investors and the • Send paper comments in triplicate notice is hereby given that on October public interest. to Jonathan G. Katz, Secretary, 31, 2005, the American Stock Exchange A proposed rule change filed under Securities and Exchange Commission, LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with Rule 19b–4(f)(6) 12 normally does not 100 F Street, NE., Washington, DC the Securities and Exchange become operative prior to thirty days 20549–9303. Commission (‘‘Commission’’) the after the date of filing. The Exchange All submissions should refer to File proposed rule change as described in has requested that the Commission Number SR–Amex–2005–109. This file Items I, II, and III below, which items waive the five-day pre-filing number should be included on the have been prepared by Amex. Amex has requirement and the 30-day operative subject line if e-mail is used. To help the designated the proposed rule change as delay, as specified in Rule 19b– Commission process and review your establishing or changing a due, fee, or 4(f)(6)(iii), and designate the proposed comments more efficiently, please use other charge imposed by the Exchange rule change to become operative upon only one method. The Commission will pursuant to Section 19(b)(3)(A)(ii) of the filing. post all comments on the Commission’s Act 3 and Rule 19b–4(f)(2) thereunder,4 The Commission hereby grants the Internet Web site (http://www.sec.gov/ which renders the proposal effective request.13 The Commission notes that rules/sro.shtml). Copies of the upon filing with the Commission. The Amex has represented that the submission, all subsequent Commission is publishing this notice to amendments, all written statements solicit comments on the proposed rule 10 15 U.S.C. 78s(b)(3)(A)(iii). with respect to the proposed rule change from interested persons. 11 17 CFR 240.19b–4(f)(6). change that are filed with the 12 Id. Commission, and all written 14 17 CFR 200.30–3(a)(12). 13 For purposes only of waiving the operative communications relating to the 1 delay for this proposal, the Commission has 15 U.S.C. 78s(b)(1). considered the proposed rule’s impact on proposed rule change between the 2 17 CFR 240.19b–4. efficiency, competition, and capital formation. See Commission and any person, other than 3 15 U.S.C. 78s(b)(3)(A)(ii). 15 U.S.C. 78c(f). those that may be withheld from the 4 17 CFR 240.19b–4(f)(2).

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I. Self-Regulatory Organization’s QQQQ is consistent with Section 6(b)(4) The Exchange is amending the Amex Statement of the Terms of Substance of of the Act.6 Specifically, the Exchange Fee Schedules to indicate that the Proposed Rule Change believes that extending the suspension transaction charges for specialist orders The Exchange proposes to amend of transaction charges for QQQQ in connection with QQQQ executed on Amex Equity and Exchange Traded specialist orders is an equitable the Exchange will be further suspended Funds and Trust Issued Receipts Fee allocation of reasonable fees among from November 1, 2005 through Schedules (the ‘‘Amex Fee Schedules’’) Exchange members. The fact that December 31, 2005. specialists have greater obligations than to extend the suspension of transaction 2. Statutory Basis charges for specialist orders in other members and are also subject to connection with the trading of the other Exchange fees, in addition to Amex believes that the proposed rule Nasdaq-100 Index Tracking Stock transaction fees, supports this proposal change is consistent with Section 6(b) of (Symbol: QQQQ) from November 1, to temporarily extend the fee the Act 9 in general and furthers the 2005 through December 31, 2005. The suspension. objectives of Section 6(b)(4) of the Act 10 text of the proposed rule change is The Exchange notes that specialists in particular in that it is intended to available on Amex’s Web site (http:// are also subject to a variety of Exchange assure the equitable allocation of www.amex.com), at Amex’s principal fees other than transaction charges, such reasonable dues, fees, and other charges as a floor clerk fee, a floor facility fee, among its members and issuers and office, and from the Commission’s 7 Public Reference Room. a post fee, and registration fee. In other persons using its facilities. addition, specialists and other floor II. Self-Regulatory Organization’s members of the Exchange are subject to B. Self-Regulatory Organization’s Statement of the Purpose of, and technology and membership fees.8 Statement on Burden on Competition Statutory Basis for, the Proposed Rule Certain market participants, such as Amex believes that the proposed rule Change customers, non-member broker-dealers change does not impose any burden on and market-makers, and member broker- In its filing with the Commission, the competition that is not necessary or dealers are not subject to the majority of Exchange included statements appropriate in furtherance of the these fees. In addition, specialist units, concerning the purpose of, and basis for, purposes of the Act. the proposed rule change and discussed unlike registered traders and other floor any comments it received on the members, must be sufficiently staffed C. Self-Regulatory Organization’s proposed rule change. The text of these and provide adequate technology Statement on Comments on the statements may be examined at the resources in order to handle the volume Proposed Rule Change Received from places specified in Item IV below. The of orders (especially in QQQQ) that are Members, Participants, or Others sent to the specialist post at the Exchange has prepared summaries, set No written comments were solicited forth in Sections A, B, and C below, of Exchange. These operational costs that are incurred by a specialist further or received with respect to the proposed the most significant aspects of such rule change. statements. support the Exchange proposal to extend the suspension of QQQQ III. Date of Effectiveness of the A. Self-Regulatory Organization’s transaction fees on specialist orders. Proposed Rule Change and Timing for Statement of the Purpose of, and Specialists have certain obligations Commission Action Statutory Basis for, the Proposed Rule required by Exchange rules as well as Change the Act that do not exist for other The foregoing rule change has become 1. Purpose market participants. For example, a effective pursuant to Section specialist pursuant to Amex Rule 170 is 19(b)(3)(A)(ii) of the Act 11 and The Exchange is proposing to extend required to maintain a fair and orderly subparagraph (f)(2) of Rule 19b–4 the suspension of transaction charges market in his or her assigned securities. thereunder 12 because it establishes or for specialist orders in QQQQ from Other members of the Exchange as well changes a due, fee, or other charge November 1, 2005 through December as non-member market participants do imposed by the Exchange. At any time 31, 2005. The current suspension of not have this obligation. As a result, the within 60 days of the filing of the specialist transaction charges in QQQQ Exchange believes that an extension of proposed rule change, the Commission will otherwise terminate on October 31, the transaction charge fee waiver for may summarily abrogate such rule 5 2005. specialist orders in QQQQ is reasonable change if it appears to the Commission Specialist orders in QQQQ executed and equitable. that such action is necessary or on the Exchange currently are charged appropriate in the public interest, for $0.0037 per share ($0.37 per 100 6 Section 6(b)(4) states that the rules of a national the protection of investors, or otherwise shares), capped at $300 per trade securities exchange must provide for ‘‘the equitable in furtherance of the purposes of the (81,081 shares). Effective December 1, allocation of reasonable dues, fees, and other Act. 2004, the Nasdaq-100 Index Tracking charges among its members and issuers and other  persons using its facilities.’’ See Securities Stock formerly ‘‘QQQ’’ transferred its Exchange Act Release Nos. 52460 (September 16, IV. Solicitation of Comments listing from Amex to The Nasdaq Stock 2005), 70 FR 55639 (September 22, 2005); 52267 Interested persons are invited to Market, Inc (‘‘Nasdaq’’). It now trades on (August 15, 2005), 70 FR 49338 (August 23, 2005); submit written data, views, and Nasdaq under the symbol QQQQ. After and 52268 (August 15, 2005), 70 FR 49336 (August 23, 2005) (proposals introducing and extending this arguments concerning the foregoing, the transfer, Amex began trading QQQQ specialist transaction fee waiver). including whether the proposed rule pursuant to unlisted trading privileges. 7 The floor clerk, floor facility, post, and change is consistent with the Act. The Exchange submits that a registration fees on an annual basis are $900, suspension of transaction fees for $2,400, $1,000, and $800, respectively. Comments may be submitted by any of 8 A technology fee of $3,000 per year is assessed the following methods: specialist orders in connection with on all specialists and other floor participants at the Exchange. Annual membership dues of $1,500 must 9 15 U.S.C. 78f(b). 5 See Securities Exchange Act Release No. 52460 be paid by all members while annual membership 10 15 U.S.C. 78f(b)(4). (September 16, 2005), 70 FR 55639 (September 22, fees are payable depending on the type of 2005) (proposal previously extending this specialist membership and circumstances. Non-members are 11 15 U.S.C. 78s(b)(3)(A)(ii). transaction fee waiver). not subject to these fees. 12 17 CFR 240.19b–4(f)(2).

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Electronic Comments SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Statement of the Purpose of, and • COMMISSION Use the Commission’s Internet Statutory Basis for, Proposed Rule comment form (http://www.sec.gov/ [Release No. 34–52739; File No. SR–CBOE– Change rules/sro.shtml); or 2004–53] 1. Purpose • Send an e-mail to rule- [email protected]. Please include File Self-Regulatory Organizations; The CBOE is proposing to incorporate Number SR–Amex–2005–111 on the Chicago Board Options Exchange, the provisions of a Regulatory Circular (RG03–066—Margin Requirements for subject line. Incorporated; Notice of Filing of Proposed Rule Change and Partial Certain Complex Spreads, dated August Paper Comments Amendment No. 1 Relating to Margin 13, 2003) into the Exchange’s margin Requirements for Complex Options rules (Chapter 12). CBOE Regulatory • Send paper comments in triplicate Spreads Circular RG03–066 presents an to Jonathan G. Katz, Secretary, interpretation of current margin Securities and Exchange Commission, November 4, 2005. requirements that allows the Exchange 100 F Street, NE., Washington, DC Pursuant to section 19(b)(1) of the to derive, and put into effect, margin 20549–9303. Securities Exchange Act of 1934 (the requirements for certain complex option All submissions should refer to File ‘‘Act’’),1 and Rule 19b–4 2 thereunder, spreads. This Regulatory Circular, a Number SR-Amex-2005–111. This file notice is hereby given that on July 30, copy of which is attached as Exhibit A, was approved by the Commission on a number should be included on the 2004, the Chicago Board Options one-year pilot basis.4 This Regulatory subject line if e-mail is used. To help the Exchange, Incorporated (‘‘CBOE’’ or the ‘‘Exchange’’) filed with the Securities Circular has been reissued as RG04–90 Commission process and review your (dated August 16, 2004) and RG05–37 comments more efficiently, please use and Exchange Commission (‘‘Commission’’) the proposed rule (dated April 6, 2005) pursuant to only one method. The Commission will extensions of the pilot period granted by post all comments on the Commission’s change and on August 23, 2005, filed a 5 partial amendment to its proposed rule the Commission. Internet Web site (http://www.sec.gov/ As shown in Exhibit B, the Exchange change 3 as described in Items I, II and rules/sro.shtml). Copies of the is proposing to add definitions in Rule III below, which Items have been submission, all subsequent 12.3(a) of a ‘‘long condor spread,’’ prepared by the CBOE. The Commission amendments, all written statements ‘‘short iron butterfly spread’’ and ‘‘short is publishing this notice to solicit with respect to the proposed rule iron condor spread.’’ These definitions comments on the proposed rule change change that are filed with the cover six of the seven strategies from interested parties. Commission, and all written identified in RG03–066. Each definition communications relating to the I. Self-Regulatory Organization’s covers two strategies identified in proposed rule change between the Statement of the Terms of Substance of RG03–066 because each definition Commission and any person, other than the Proposed Rule Change provides for a base strategy, in which all options expire at the same time, and a those that may be withheld from the CBOE is proposing to incorporate public in accordance with the calendar spread strategy, in which a margin requirements that are currently long option may expire after the other provisions of 5 U.S.C. 552, will be set forth in a Regulatory Circular into available for inspection and copying in options expire concurrently. the Exchange’s rules. The margin The Exchange is proposing a revision the Commission’s Public Reference requirements pertain to complex option to its current definition of a butterfly Room. Copies of such filing also will be spreads. The text of the proposed rule spread to provide for the remaining available for inspection and copying at change is available at the Office of the strategy, a calendar spread version of the principal office of Amex. All Secretary, CBOE and at the Commission. the long butterfly spread (configuration comments received will be posted II. Self-Regulatory Organization’s number three in RG03–066). These without change; the Commission does Statement of the Purpose of, and revisions consist of (1) splitting the not edit personal identifying Statutory Basis for, the Proposed Rule current butterfly spread definition into information from submissions. You Change two definitions, one for the long should submit only information that butterfly spread and one for the short you wish to make available publicly. All In its filing with the Commission, butterfly spread, (2) fashioning the two submissions should refer to File CBOE included statements concerning definitions so that they are consistent Number SR–Amex–2005–111 and the purpose of and basis for the with the style and format of the new should be submitted on or before proposed rule change and discussed any definitions referred to in the prior December 5, 2005. comments it received on the proposed paragraph, and (3) providing for a For the Commission, by the Division of rule change. The text of these statements calendar spread version in the long Market Regulation, pursuant to delegated may be examined at the places specified butterfly spread definition. authority.13 in Item IV below. The CBOE has In Regulatory Circular RG03–066, call prepared summaries, set forth in options were utilized to construct three Jonathan G. Katz, sections A, B, and C below, of the most of the seven strategy examples. Each of Secretary. significant aspects of such statements. these three strategies has a parallel [FR Doc. E5–6251 Filed 11–10–05; 8:45 am] application with put options. For BILLING CODE 8010–01–P 1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 4 See Securities Exchange Act Release No. 48306 3 SR–CBOE–2004–53: Amendment No. 1. CBOE, (Aug. 8, 2003), 68 FR 48974 (Aug. 15, 2003) in coordination with the New York Stock Exchange, (approving SR–CBOE–2003–24). Inc. (‘‘NYSE’’), filed the partial amendment to 5 See Securities Exchange Act Release No. 50164 conform the complex options spreads strategies to (Aug. 6, 2004), 69 FR 50405 (Aug. 16, 2004) and which its rule amendments apply to those of the Securities Exchange Act Release No. 51407 (Mar. 13 17 CFR 200.30–3(a)(12). NYSE. 22, 2005), 70 FR 15669 (Mar. 28, 2005).

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brevity, the put option versions were unlike the Regulatory Circular, the organization consents, the Commission not specifically identified in the proposed rules would not limit complex will: Regulatory Circular, but the Regulatory spreads to a margin account. The (A) By order approve such proposed Circular was intended to apply to the Exchange is additionally proposing a rule change, or put option counterpart of each of the revision to Rule 12.3(e)—Customer Cash (B) Institute proceedings to determine strategies demonstrated with call Account—Spreads, that adds the long whether the proposed rule change options. Both the put and call option condor spread, short iron butterfly should be disapproved. versions are provided for in the newly spread and short iron condor spread as IV. Solicitation of Comments proposed rule definitions. The strategies permitted to be established remaining four complex spread and carried in a cash account, provided Interested persons are invited to strategies originally identified in the they are composed of cash-settled, submit written data, views, and Regulatory Circular involved both call European style options that all expire at arguments concerning the foregoing, options and put options (that is, ‘‘iron’’ the same time. including whether the proposed rule strategies). Each of these four strategies The Exchange has received no change, as amended, is consistent with has a reciprocal configuration (that is, negative comments concerning the Act. Comments may be submitted by the call options can precede the put Regulatory Circular RG03–66 since it any of the following methods: options in ascending sequence of has been issued. The Exchange is not Electronic Comments exercise prices). However, there is no aware of any negative consequences as • need to address the reciprocal variations a result of applying the margin Use the Commission’s Internet because there is no benefit from a requirements permitted by Regulatory comment form (http://www.sec.gov/ rules/sro.shtml); or margin requirement standpoint of Circular RG03–66. • including them in the iron strategy Send an e-mail to rule- definitions. 2. Statutory Basis [email protected]. Please include File As indicated in the Regulatory The Exchange believes that the Number SR–CBOE–2004–53 on the Circular and discussed in the proposed margin requirements cover the subject line. Exchange’s original filing of the maximum risk involved, providing Paper Comments Regulatory Circular with the sufficient safety and soundness for the • Send paper comments in triplicate Commission,6 each of the complex clearing firm and the market overall. to Jonathan G. Katz, Secretary, spreads identified in the proposed rule Additionally, the proposed rule would Securities and Exchange Commission, can be derived by combining and allow investors to more efficiently 100 F Street, NE., Washington, DC netting two or more option spreads (that implement the subject complex spreads. is, the butterfly spread, the box spread 20549–9303. As such, the proposed rule change is All submissions should refer to File and the time spread) that are already consistent with Section 6(b) of the Act,7 identified in the margin rules and Number SR–CBOE–2004–53. This file in general, and furthers the objectives of number should be included on the ascribed a margin requirement. 8 Section 6(b)(5) of the Act, in that it is subject line if e-mail is used. To help the Furthermore, the sum of the margin designed to perfect the mechanisms of required on the basic option spreads Commission process and review your a free and open market and to protect comments more efficiently, please use that can be combined and netted to form investors and the public interest. a complex spread covers the maximum only one method. The Commission will risk of the complex spread and, as in the B. Self-Regulatory Organization’s post all comments on the Commission’s Regulatory Circular, is the margin Statement on Burden on Competition Internet Web site (http://www.sec.gov/ rules/sro.shtml). Copies of the requirement specified in the proposed CBOE does not believe that the submission, all subsequent rules. Each of the subject complex proposed rule change will impose any amendments, all written statements spread strategies has a known and burden on competition that is not with respect to the proposed rule limited risk when configured as necessary or appropriate in furtherance change that are filed with the specified in the proposed definitions. of the purposes of the Act. As proposed, current Rule Commission, and all written C. Self-Regulatory Organization’s 12.3(c)(5)(C)(6) is revised to provide a communications relating to the Statement on Comments on the margin requirement for each of the long proposed rule change between the Proposed Rule Change Received From condor spread, short iron butterfly Commission and any person, other than Members, Participants or Others spread and short iron condor spread. those that may be withheld from the Consistent with the Regulatory No written comments were solicited public in accordance with the Circular, nothing in the proposed rule or received with respect to the proposed provisions of 5 U.S.C. 552, will be would prevent the subject complex rule change. available for inspection and copying in spreads from being established outright. the Commission’s Public Reference III. Date of Effectiveness of the Thus, it would not be required that the section, 100 F Street, NE., Washington, Proposed Rule Change and Timing for applicable combination of individual DC 20549. Copies of such filing also will Commission Action option strategies first be established and be available for inspection and copying netted. Within 35 days of the date of at the principal office of the CBOE. All Like the Regulatory Circular, the publication of this notice in the Federal comments received will be posted proposed rule prohibits European style Register or within such longer period (i) without change; the Commission does options in the case of the calendar as the Commission may designate up to not edit personal identifying version of a complex spread, and 90 days of such date if it finds such information from submissions. You requires that the interval between each longer period to be appropriate and should submit only information that option series be equal in the case of all publishes its reasons for so finding or you wish to make available publicly. All complex spread strategies. However, (ii) as to which the self-regulatory submissions should refer to File Number SR-CBOE–2004–53 and should 6 See Securities Exchange Act Release No. 48115 7 15 U.S.C. 78f(b). be submitted on or before December 5, (July 1, 2003), 68 FR 41027 (July 9, 2003). 8 15 U.S.C. 78f(b)(5). 2005.

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For the Commission, by the Division of of the Chicago Board Options Exchange strategies that are currently recognized Market Regulation, pursuant to delegated (the ‘‘Exchange’’ or ‘‘CBOE’’). in the Exchange’s margin rules. Specific 9 authority. • Because these complex spreads can complex spread configurations are listed Jonathan G. Katz, be shown to equate to aggregations of below, along with the currently Secretary. two or more currently recognized recognized spreads to which they can be Exhibit A spreads, current margin rules are traced. The expiration months, exercise deemed to provide a margin prices, interval between exercise prices, Regulatory Circular RG03–66 requirement for each complex spread in and option premiums used in each that the rules provide a margin To: Member Organizations configuration are for illustration only. requirement for each spread in the From: Division of Regulatory Services However, as illustrated, the expiration Date: August 13, 2003 equivalent aggregation. months and sequence of the exercise Subject: Margin Requirements for • Member organizations may require Certain Complex Spreads margin for these complex spreads of not prices must fit the same pattern, and the Exchange Contacts: James Adams (312) less than the sum of the margin required intervals between the exercise prices 786–7718, Richard Lewandowski on each spread in the equivalent must be equal. Note that netting of (312) 786–7183 aggregation. contracts in option series common to • The margin requirements set forth each of the currently recognized spreads Key Points in this Regulatory Circular will be in in an aggregation reduces it to the • Certain complex option spreads effect as a pilot until August 8, 2004. complex spread. (specified below) are the equivalent of combining two or more spreads that are Discussion BILLING CODE 8010–01–P currently recognized in the margin rules It is known that certain complex spread configurations are the net result 9 17 CFR 200.30–3(a)(12). of combining two or more spread

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As illustrated above, the complex applicable aggregation subject to the • Each complex spread must spread configurations equate to following limitations: comprise four option series, except for aggregations of currently recognized • The complex spread must be Configuration IV, which must comprise spreads. Therefore, for complex spreads carried in a margin account, three option series. fitting the above configurations, whether • Summing the margin required on each established outright or through netting, European style options are not currently recognized spread in each of member firms must require initial and permitted for the configurations the applicable aggregations renders a maintenance margin of not less than the involving time spreads (IV through VII), margin requirement for the subject sum of the margin required on each of • The intervals between exercise complex spread configurations as the currently recognized spreads in the prices must be equal, and follows:

Configuration Margin requirement

I ...... Pay for the net debit in full. II ...... Exercise price interval (aggregate), net credit may be applied. III ...... Exercise price interval (aggregate), net credit may be applied. IV ...... Pay for the net debit in full. V ...... Pay for the net debit in full. VI ...... Exercise price interval (aggregate), net credit may be applied.

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Configuration Margin requirement

VII ...... Exercise price interval (aggregate), net credit may be applied.

Using Configuration III as an example, the margin requirement and SMA debit or margin call would be as follows:

Margin Calculation: $5.00 × 1 contract × Explanation: The initial and As shown in the table below, the same 100 shares = $500.00 maintenance margin requirement is the margin requirement, and SMA debit or Margin Requirement: $500.00 exercise price interval (aggregate). margin call, would result by taking the Establishing this complex spread results sum of the margin required on each SMA Debit or Margin Call: in a net credit of $200.00 that may be ¥ spread in the equivalent aggregation. $500.00 $200.00 = $300.00 applied to the margin requirement.

Net dr or cr Margin req. Deposit

Long Butterfly ...... $200 dr ...... 0 $200 Long Butterfly ...... $100 dr ...... 0 100 Short Box #1 ...... $500 cr ...... $500 0

Total ...... $200 cr ...... 500 300

The margin requirements set forth in exercise prices of the positions are in (6) The term ‘‘short butterfly spread’’ this Regulatory Circular will be in effect ascending order, either all options means short put / two long puts / short as a pilot until August 8, 2004. expire at the same time or a long option put or short call / two long calls / short Questions regarding margin expires after the other options expire call where: the options are on the same requirements should be directed to concurrently, and the interval between underlying instrument, the short options James Adams at (312) 786–7718 or exercise prices is equal. In the case of are different option series, the long Richard Lewandowski at (312) 786– long butterfly spreads composed of options are the same option series, the 7183. cash-settled, European style index exercise prices of the positions are in ascending order, all options expire at Exhibit B options, all options must expire at the same time. [The term ‘‘butterfly spread’’ the same time, and the interval between (additions: italicized, means an aggregation of positions in exercise prices is equal. deletions:[bracketed]) three series of either put or call options (7) The term ‘‘long condor spread’’ CHICAGO BOARD OPTIONS all having the same underlying means long put / short put / short put EXCHANGE, INC. component or index and time of / long put or long call / short call / short expiration, and based on the same call / long call where: the options are on CHAPTER XII the same underlying instrument, each aggregate current underlying value, option is a different option series, the Margins where the interval between the exercise exercise prices of the options are in price of each series is equal, which Rule 12.3. Margin Requirements ascending order, either all options 12.3 (a) Definitions. For purposes of positions are structured as either (A) a expire at the same time or a long option this Rule, the following terms shall have ‘‘long butterfly spread’’ in which two expires after the other options expire the meanings specified below. short options in the same series are concurrently, and the interval between (1) through (4)—No change offset by one long option with a higher exercise prices is equal. In the case of (5) The term ‘‘long butterfly spread’’ exercise price and one long option with long condor spreads composed of cash- means long put / two short puts / long a lower exercise price or (B) a ‘‘short settled, European style index options, put or long call / two short calls / long butterfly spread’’ in which two long all options must expire at the same call where: the options are on the same options in the same series offset one time. underlying instrument, the long options short option with a higher exercise price (8) The term ‘‘short iron butterfly are different option series, the short and one short option with a lower spread’’ means long put / short put / options are the same option series, the exercise price.] short call / long call where: the options

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are on the same underlying instrument, security traded on a registered national condor spread as defined in each option is a different option series, securities exchange or automated subparagraphs (a)(5) and (a)(7), the exercise prices of the options are in facility of a registered national securities respectively, of this Rule where all ascending order, the short options have association. option positions are listed or guaranteed the same exercise price, either all [(10)](14) The term ‘‘OTC margin by the carrying broker-dealer. In respect options expire at the same time or a bond’’ for purposes of this Chapter 12 of a long butterfly or long condor spread long option expires after the other means (1) any debt securities not traded as defined in subparagraphs (a)(5) and options expire concurrently, and the on a national securities exchange that (a)(7), respectively, of this Rule, the net interval between exercise prices is meet all of the following requirements debit must be paid in full. equal. In the case of short iron butterfly (a) at the time of the original issue, a (7) Short Butterfly Spread, Short Iron spreads composed of cash-settled, principal amount of not less than Butterfly Spread or Short Iron Condor European style index options, all $25,000,000 of the issue was Spread. This subparagraph (c)(5)(C)(7) options must expire at the same time. outstanding; (b) the issue was registered applies to a short butterfly, short iron (9) The term ‘‘short iron condor under Section 5 of the Securities Act of butterfly or short iron condor spread as spread’’ means long put / short put / 1933 and the issuer either files periodic defined in subparagraphs (a)(6), (a)(8) short call / long call where: the options reports pursuant to the Act or is an and (a)(9), respectively, of this Rule are on the same underlying instrument, insurance company under Section where all option positions are listed or each option is a different option series, 12(g)(2)(G) of the Act; or (c) at the time guaranteed by the carrying broker- the exercise prices of the options are in of the extension of credit the creditor dealer. In respect of a short butterfly, ascending order, either all options has a reasonable basis for believing that short iron butterfly or short iron condor expire at the same time or a long option the issuer is not in default on interest or spread as defined in subparagraphs expires after the other options expire principal payments; or (2) any private (a)(6), (a)(8) and (a)(9), respectively, of concurrently, and the interval between pass-through securities (not guaranteed this Rule, margin must be deposited and exercise prices is equal. In the case of by a U.S. government agency) that meet maintained equal to at least the amount short iron condor spreads composed of all of the following requirements: (a) An of the exercise price interval. The net cash-settled, European style index aggregate principal amount of not less proceeds from the sale of short option options, all options must expire at the than $25,000,000 was issued pursuant components may be applied to the same time. to a registration statement filed with the requirement. [(6)](10) The term ‘‘box spread’’ Commission; and (b) current reports [(7)](8) Box Spread. This means an aggregation of positions in a relating to the issue have been filed with subparagraph [(c)(6)(B)(7)] (c)(5)(C)(8) long call option and short put option the Commission; and (c) at the time of applies to box spreads as defined in with the same exercise price (‘‘buy the credit extension, the creditor has a subparagraph (a)[(6)](10) of this Rule side’’) coupled with a long put option reasonable basis for believing that where all option positions are listed or and short call option with the same mortgage interest, principal payments guaranteed by the carrying broker- exercise price (‘‘sell side’’) all of which and other distributions are being passed dealer. have the same underlying component or through as required and that the (1) In respect of a long box spread as index and time of expiration, and are servicing agent is meeting its material defined in subparagraph (a)[(6)](10) of based on the same aggregate current obligations under the terms of the this Rule, the net debit must be paid in underlying value, and are structured as offering. full. either: (A) a ‘‘long box spread’’ in which (b)—No change (2) In respect of a short box spread as the sell side exercise price exceeds the (c)(1) through (c)(5)(C)(5)—No change defined in subparagraph (a)[(6)](10) of buy side exercise price or (B) a ‘‘short [6) Butterfly Spread. This this Rule, margin must be deposited and box spread’’ in which the buy side subparagraph (c)(6)(C)(6) applies to a maintained equal to at least the amount exercise price exceeds the sell side butterfly spread as defined in of the aggregate difference between the exercise price. subparagraph (a)(5) of this Rule where exercise prices. The net proceeds from [(7)](11) The term ‘‘underlying stock all option positions are listed or the sale of short option components may basket’’ means a group of securities guaranteed by the carrying broker- be applied to the requirement. which includes each of the component dealer. [(8)](9) Long Box Spread in European securities of the applicable index and (1) In respect of a long butterfly Style Options. In respect of a long box which meets the following conditions (i) spread as defined in subparagraph (a)(5) spread as defined in subparagraph the quantity of each stock in the basket of this Rule, the net debit must be paid (a)[(6)](10) of this Rule, in which all is proportional to its representation in in full. component options have a European the index, (ii) the total market value of (2) In respect of a short butterfly style exercise provision and are listed or the basket is equal to the underlying spread as defined in subparagraph (a)(5) guaranteed by the carrying broker- index value of the index options or of this Rule, margin must be deposited dealer; margin must be deposited equal warrants to be covered, (iii) the and maintained equal to at least the to at least 50% of the aggregate securities in the basket cannot be used amount of the aggregate difference difference in the exercise prices. The net to cover more than the number of index between the two lowest exercise prices proceeds from the sale of short option options or warrants represented by that with respect to short butterfly spreads components may be applied to the value and (iv) the securities in the comprised of calls options or the requirement. For margin purposes, the basket shall be unavailable to support aggregate difference between the two long box spread may be valued at an any other option or warrant transaction highest exercise prices with respect to amount not to exceed 100% of the in the account. short butterfly spreads comprised of put aggregate difference in the exercise [(8)](12) The term ‘‘cash equivalent’’ options. The net proceeds from the sale prices. is as defined in Section 220.2 of of short option components may be (d)—No change Regulation T of the Board of Governors applied to the requirement.] (e) Customer Cash Account—Spreads. of the Federal Reserve System. (6) Long Butterfly Spread or Long A European style cash-settled index [(9)](13) The term ‘‘listed’’ for Condor Spread. This subparagraph option, stock index warrant or currency purposes of this Chapter 12 means a (c)(5)(C)(6) applies to a long butterfly or index warrant carried in a short position

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is deemed a covered position, and established of not less than the amount II. Self-Regulatory Organization’s eligible for the cash account, provided of the exercise price interval[aggregate Statement of the Purpose of, and a long position in a European style cash- difference between the two lowest Statutory Basis for, the Proposed Rule settled index option, stock index exercise prices with respect to short Change warrant or currency warrant having the butterfly spreads comprised of call In its filing with the Commission, same underlying component or index options or the aggregate difference DTC included statements concerning that is based on the same aggregate between the two highest exercise prices the purpose of and basis for the current underlying value, is held in or with respect to short butterfly spreads proposed rule change and discussed any purchased for the account on the same comprised of put options] and that the comments it received on the proposed day provided: bank will promptly pay the member (1)—No change rule change. The text of these statements (2) Long Butterfly Spreads, Short organization such amount in the event may be examined at the places specified Butterfly Spreads, Long Condor the account is assigned an exercise in Item IV below. DTC has prepared Spreads, Short Iron Butterfly Spreads or notice [on the call (put) with the lowest summaries, set forth in sections A, B, Short Iron Condor Spreads. The (highest) exercise price]. and C below, of the most significant captioned spreads, as defined in [(F)](D) all component options are aspects of such statements. subparagraphs (a)(5), (a)(6), (a)(7), (a)(8) listed or guaranteed by the carrying A. Self-Regulatory Organization’s and (a)(9), respectively, of this Rule, are broker-dealer. Statement of the Purpose of, and permitted in a cash account only if they (3)—No change are composed of cash settled, European Statutory Basis for, the Proposed Rule style options and all options expire at 12.3(f) through (k)—No change Change the same time, [Put or call options * * *Interpretations and Policies: Under the proposed rule changes, carried in a short position are deemed .01–.19—No change DTC would revise its Deposit Service, covered positions and eligible for the Custody Service, and Withdrawals-By- cash account provided the account [FR Doc. E5–6249 Filed 11–10–05; 8:45 am] Transfer Service procedures. These contains long positions of the same type BILLING CODE 8010–01–P changes are based upon guidance which in conjunction with the short provided by the U.S. Department of the options constitute a butterfly spread as Treasury’s Office of Foreign Assets defined in subparagraph (a)(5) of this SECURITIES AND EXCHANGE Control (‘‘OFAC’’) to DTC. Rule] and provided: COMMISSION [(A) all component options are 1. Deposit Service European style,] [Release No. 34–52721; File No. SR–DTC– [(B) all component options are cash In order to receive immediate credit 2005–14] settled,] in its securities account at DTC for a [(C)](A) the long options are held in, deposit of registered securities, a Self-Regulatory Organizations; The participant would be required to certify or purchased for the account on the Depository Trust Company; Notice of same day, to DTC that it has compared the parties [(D)](B) in respect of a long butterfly Filing of a Proposed Rule Change identified on the deposited certificate spread or long condor spread as defined Relating to Compliance With (e.g., the issuer, the party in whose in subparagraphs (a)(5) and (a)(7), Regulations Administered by the name the deposited security is respectively, of this Rule, the net debit Office of Foreign Assets Control registered, and all assignees) against OFAC’s list of targeted countries, is paid in full, November 2, 2005. [(E)](C) in respect of a short butterfly Specially Designated Nationals, and spread, short iron butterfly spread or Pursuant to Section 19(b)(1) of the other parties designated by OFAC short iron condor spread as defined in Securities Exchange Act of 1934 (collectively referred to as the ‘‘OFAC subparagraphs (a)([5]6), (a)(8) and (a)(9), (‘‘Act’’),1 notice is hereby given that on list’’) and that there were no matches respectively, of this Rule, either there is September 9, 2005, The Depository identified by such comparison. held in the account at the time the Trust Company (‘‘DTC’’) filed with the In the case of a deposit of registered positions are established or received Securities and Exchange Commission securities by a participant located into the account promptly thereafter: (‘‘Commission’’) a proposed rule change outside the United States, including a (1) Cash or cash equivalents of not and on October 25, 2005, amended the deposit by or for the benefit of a less than the amount of the exercise proposed rule change as described in participant accepted at a depository price interval[aggregate difference Items I, II, and III below, which Items facility located outside the United between the two lowest exercise prices have been prepared primarily by DTC. States, the participant will not receive with respect to short butterfly spreads The Commission is publishing this immediate credit in its securities comprised of call options or the notice to solicit comments on the account. DTC will give credit for the aggregate difference between the two proposed rule change from interested deposit only after DTC has screened the highest exercise prices with respect to persons. parties on the deposit against the OFAC short butterfly spreads comprised of put list and has identified no matches. options], to which requirement the net I. Self-Regulatory Organization’s proceeds from the sale of short option Statement of the Terms of Substance of 2. Custody Service components may be applied, or the Proposed Rule Change (2) An escrow agreement. The escrow With respect to securities and other agreement must certify that the bank Under the proposed rule change, DTC financial instruments that are deposited holds for the account of the customer as would revise its Deposit Service, pursuant to DTC’s Custody Service security for the agreement (1) cash, (2) Custody Service, and Withdrawals-By- procedures, DTC will act on the cash equivalents or (3) a combination Transfer Service procedures. instructions of the depositing thereof having an aggregate market participant only after DTC has screened value at the time the positions are 1 15 U.S.C. 78s(b)(1). the parties on the deposit against the

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OFAC list and has identified no valid Register or within such longer period (i) identifying information from matches.2 as the Commission may designate up to submissions. You should submit only ninety days of such date if it finds such information that you wish to make 3. Withdrawal-By-Transfer Service longer period to be appropriate and available publicly. All submission For securities on deposit that are publishes its reasons for so finding or should refer to File No. SR–DTC–2005– sought to be withdrawn pursuant to (ii) as to which the self-regulatory 14 and should be submitted on or before DTC’s Withdrawal-By-Transfer Service, organization consents, the Commission December 5, 2005. including Withdrawal-By-Transfer will: requests for Direct Registration, DTC For the Commission, by the Division of (A) By order approve such proposed Market Regulation, pursuant to delegated will act on the instructions of the rule change or authority.4 withdrawing participant only after DTC (B) Institute proceedings to determine has screened the investor in whose whether the proposed rule change Jonathan G. Katz, name the securities are to be registered should be disapproved. Secretary. against the OFAC list and has identified [FR Doc. E5–6248 Filed 11–10–05; 8:45 am] IV. Solicitation of Comments no valid match. BILLING CODE 8010–01–P For each service, in the event that Interested persons are invited to DTC identifies a match against the submit written data, views, and OFAC list, DTC would attempt to arguments concerning the foregoing, SECURITIES AND EXCHANGE remove false-positive matches. For valid including whether the proposed rule COMMISSION matches, DTC would present the change, as amended, is consistent with matches to participants through a new the Act. Comments may be submitted by [Release No. 34–52746; File No. SR–NASD– Participant Terminal System function any of the following methods: 2005–106] called ‘‘OFAP.’’ Participants would be Electronic Comments required to review each certificate Self-Regulatory Organizations; registration identified as a potential • Use the Commission’s Internet National Association of Securities match through the ‘‘OFAP’’ function by comment form (http://www.sec.gov/ Dealers, Inc.; Order Approving comparing the certificate registration to rules/ sro.shtml); or Proposed Rule Change Regarding the OFAC text information and respond • Send an e-mail to rule- Fees for Closed-End Funds Listing on with a comment for each registration by [email protected]. Please include File the Nasdaq Capital Market providing factual information sufficient No. SR–DTC–2005–14 on the subject for DTC to conclude, in its sole line. November 7, 2005. discretion, that the investor is or is not Paper Comments On August 31, 2005, the National the person or entity listed on the OFAC • Association of Securities Dealers, Inc. list. Send paper comments in triplicate (‘‘NASD’’), through its subsidiary, the DTC believes that the proposed rule to Jonathan G. Katz, Secretary, Nasdaq Stock Market, Inc. (‘‘Nasdaq’’), change is consistent with the Securities and Exchange Commission, filed with the Securities and Exchange requirements of Section 17A of the Act 3 100 F Street, NE., Washington DC Commission (‘‘Commission’’), pursuant and the rules and regulations 20549–9303. to section 19(b)(1) of the Securities thereunder because it will enhance All submissions should refer to File No. Exchange Act of 1934 (‘‘Act’’) 1 and Rule DTC’s compliance with applicable laws SR–DTC–2005–14. This file number 19b–4 thereunder,2 a proposed rule thereby reducing risks and associated should be included on the subject line change regarding fees for closed-end costs to DTC and its participants. if e-mail is used. To help the funds listing on the Nasdaq Capital Commission process and review your Market.3 Nasdaq has proposed to amend B. Self-Regulatory Organization’s comments more efficiently, please use Statement on Burden on Competition NASD Rules 4510 and 4520 to: (i) only one method. The Commission will Decrease the entry fee for listing a DTC does not believe that the post all comments on the Commission’s closed-end fund on the Nasdaq Capital proposed rule change will have any Internet Web site (http://www.sec.gov/ Market to $5,000 (of which $1,000 is a impact or impose any burden on rules/ sro.shtml). Copies of the non-refundable application fee) per competition. submission, all subsequent fund; and (ii) adopt a new annual fee C. Self-Regulatory Organization’s amendments, all written statements schedule for closed-end funds on the Statement on Comments on the with respect to the proposed rule Nasdaq Capital Market, which is Proposed Rule Change Received From change that are filed with the identical to that of funds listed on the Members, Participants, or Others Commission, and all written Nasdaq National Market.4 The proposed communications relating to the Written comments relating to the rule change was published for comment proposed rule change between the in the Federal Register on October 3, proposed rule change have not yet been Commission and any person, other than solicited or received. DTC will notify those that may be withheld from the the Commission of any written 4 17 CFR 200.30–3(a)(12). public in accordance with the 1 comments it receives. 15 U.S.C. 78s(b)(1). provisions of 5 U.S.C 552, will be 2 17 CFR 240.19b–4. III. Date of Effectiveness of the available for inspection and copying in 3 Subsequent to the Nasdaq filing of this proposed Proposed Rule Change and Timing for the Commission’s Public Reference rule, Nasdaq filed, and the Commission approved, Section, 100 F Street, NE., Washington, another proposed rule change which renamed ‘‘The Commission Action Nasdaq SmallCap Market’’ as ‘‘The Nasdaq Capital DC 20549. Copies of such filing also will Market.’’ See Securities Exchange Act Release No. Within thirty-five days of the date of be available for inspection and copying publication of this notice in the Federal 52489 (September 21, 2005) 70 FR 56948 at DTC’s principal office and on DTC’s (September 27, 2005). Web site at http://www.dtc.org/impNtc/ 4 Nasdaq recently adopted new listing fees for 2 DTC is already screening the registration Closed-End Funds listing on the Nasdaq National information for securities it is holding as part of its mor/index.html. All comments received Market. See Securities Exchange Act Release No. Custody Service. will be posted without change; the 52277 (August 17, 2005), 70 FR 49347 (August 23, 3 15 U.S.C. 78q–1. Commission does not edit personal 2005) (SR–NASD–2005–096).

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2005.5 The Commission received no of the Act,3 and Rule 19b–4(f)(6) places specified in Item IV below. The comments on the proposal. thereunder,4 which renders the proposal Exchange has prepared summaries, set After careful review, the Commission effective upon filing with the forth in sections A, B and C below, of finds that the proposed rule change is Commission. The Commission is the most significant aspects of such consistent with the requirements of the publishing this notice to solicit statements. Act and the rules and regulations comments on the proposed rule change A. Self-Regulatory Organization’s thereunder applicable to a self- from interested persons. Statement of the Purpose of, and regulatory organization.6 In particular, I. Self-Regulatory Organization’s Statutory Basis for, the Proposed Rule the Commission believes that the Statement of the Terms of Substance of Change proposed rule change is consistent with the Proposed Rule Change section 15A(b)(6) of the Act 7 in that it 1. Purpose is designed to prevent fraudulent and The PCX proposes to amend PCX Rule PCX Rule 6.35 governs the manipulative acts and practices, to 6.35 by eliminating the restriction appointment of Market Makers. The rule promote just and equitable principles of contained in PCX Rule 6.35(h)(4) that change would eliminate PCX Rule trade, to remove impediments to and prohibits a Remote Market Maker 6.35(h)(4), which prohibits two or more perfect the mechanism of a free and (‘‘RMM’’) from concurrently trading RMMs who are Nominees of the same open market and a national market and/or quoting the same option issue as OTP Firm from concurrently trading system, and, in general, to protect an RMM who is a Nominee of the same options in the same class. investors and the public interest. OTP Firm. The text of the proposed rule The current restriction on RMMs that It is therefore ordered, pursuant to change is set forth below. Additions are are from the same OTP Firm section 19(b)(2) of the Act,8 that the in italics and deletions are in brackets. concurrently trading the same issues proposed rule change (File No. SR– Rules of the Pacific Exchange, Inc., was included as part of Amendment No. 5 NASD–2005–106) be, and hereby is, Rule 6 Options Trading—Appointment 2 to PCX–2002–36, (Rules of PCX Plus). approved. of Market Makers This restriction grew out of early For the Commission, by the Division of concerns over trade allocation and the Rule 6.35 (a) thru 6.35(g)—No Change possibility that an OTP Firm could Market Regulation, pursuant to delegated (h) If an OTP Holder or OTP Firm has authority.9 unfairly game the ‘‘size pro rata’’ two or more Nominees that are allocation method that PCX Plus Jonathan G. Katz, registered as Remote Market Makers, Secretary. utilizes. It was thought that having then: multiple RMMs in the same issue, [FR Doc. E5–6246 Filed 11–10–05; 8:45 am] (1) The number of OTPs held in the quoting smaller individual markets, BILLING CODE 8010–01–P name of such Remote Market Makers could somehow cause a greater contract may be aggregated for the purpose of allocation than a single RMM quoting determining the number of options the same aggregate size market. PCX SECURITIES AND EXCHANGE issues eligible for primary appointment COMMISSION Rule 6.76, Priority and Order Allocation pursuant to subsection (g)(2) above; Procedures, governs trade allocations for (2) The primary appointment applies trades executed on the PCX Plus [Release No. 34–52720; File No. SR–PCX– to the OTP Holder or OTP Firm, subject 2005–120] System. Specifically, PCX Rule to the approval of the Exchange; and 6.76(a)(4) outlines the Size Pro Rata Self-Regulatory Organizations; Pacific (3) The distribution of the option Allocation. By reviewing this rule, one Exchange, Inc.; Notice of Filing and issues within the primary appointments can see that the PCX allocation method Immediate Effectiveness of Proposed for each Remote Market Maker will be is based strictly on the market size that Rule Change Relating to Remote at the discretion of the OTP Holder or Market Makers are quoting at the time Market Makers OTP Firm.[; and of a trade. A single Market Maker (4) At no time will a Remote Market quoting one size would be entitled to no November 2, 2005. Maker concurrently trade or quote the more or no less than two or more Market Pursuant to Section 19(b)(1) of the same option issue as a Remote Market Makers quoting the same aggregate size. Securities Exchange Act of 1934 Maker or Lead Market Maker who is a Due to the fact that trade allocations are (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 Nominee for the same OTP Holder or based strictly on quote size, and not the notice is hereby given that on October OTP Firm.] number of quoters, the Exchange 21, 2005, the Pacific Exchange, Inc. (i)—No Change believes that PCX Rule 6.76(h)(4) is (‘‘PCX’’ or ‘‘Exchange’’) filed with the Commentary: .01 thru .05—No obsolete and serves no purpose. Securities and Exchange Commission Change Some PCX OTP Firms are large (‘‘Commission’’) the proposed rule * * * * * businesses that have multiple Nominees change as described in Items I and II II. Self-Regulatory Organization’s that pursue separate and distinct trading below, which Items have been prepared Statement of the Purpose of, and strategies, and each of these Nominees by the Exchange. The Exchange filed the Statutory Basis for, the Proposed Rule may be interested in serving in an RMM proposal pursuant to Section 19(b)(3)(A) Change capacity. Under present PCX rules, each OTP Firm is limited to allowing only 5 See Securities Exchange Act Release No. 52515 In its filing with the Commission, the one RMM to trade a particular options (September 27, 2005), 70 FR 57638 (October 3, Exchange included statements issue, regardless of the number of 2005). concerning the purpose of, and basis for, Nominees the firm may employ. By 6 The Commission has considered the proposed the proposed rule change and discussed rule’s impact on efficiency, competition and capital eliminating the current restriction on formation. 15 U.S.C. 78c(f). any comments it received on the affiliated RMMs, these individual 7 15 U.S.C. 78o–3(b)(6). proposed rule change. The text of these Nominees will be able to concurrently 8 15 U.S.C. 78s(b)(2). statements may be examined at the trade the same options issue. The 9 17 CFR 200.30–3(a)(12). 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78s(b)(3)(A). 5 See Securities Exchange Act Release No. 47838 2 17 CFR 240.19b–4. 4 17 CFR 240.19b–4(f)(6). (May 13, 2003), 68 FR 27129 (May 19, 2003).

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Exchange believes that additional Act. The PCX provided the Commission Commission and any person, other than market participants will create deeper with written notice of its intent to file those that may be withheld from the markets, allowing for better executions this proposed rule change at least five public in accordance with the and better prices for all customers. In business days prior to the date of filing provisions of 5 U.S.C. 552, will be this regard, the PCX proposes to no the proposed rule change. available for inspection and copying in longer prohibit multiple Nominees of an The Exchange has requested that the the Commission’s Public Reference OTP Firm from concurrently trading as Commission accelerate the operative Section, 100 F Street, NE., Washington, RMMs in the same option issue. date so that the proposed rule change DC 20549. Copies of such filing also will may take effect upon filing. The be available for inspection and copying 2. Statutory Basis Commission believes that acceleration at the principal office of the Exchange. For the above reasons, the Exchange of the operative date will permit more All comments received will be posted believes that the proposed rule change RMMs to trade the same options issue, without change; the Commission does would enhance competition. The which should increase liquidity in the not edit personal identifying Exchange believes that the proposed market thereby allowing for better information from submissions. You rule change is consistent with Section executions and better prices for should submit only information that 6(b) of the Act,6 in general, and furthers customers. For these reasons, the you wish to make available publicly. All the objectives of Section 6(b)(5),7 in Commission finds it consistent with the submissions should refer to File particular, in that it is designed to protection of investors and the public Number SR–PCX–2005–120 and should facilitate transactions in securities, to interest to accelerate the operative date be submitted on or before December 5, promote just and equitable principles of of the proposed rule change so that it 2005. trade and to protect investors and the may become operative immediately For the Commission, by the Division of 10 public interest. upon filing. Market Regulation, pursuant to delegated authority.11 B. Self-Regulatory Organization’s IV. Solicitation of Comments Jonathan G. Katz, Statement on Burden on Competition Interested persons are invited to submit written data, views, and Secretary. The Exchange does not believe that [FR Doc. E5–6252 Filed 11–10–05; 8:45 am] the proposed rule change will impose arguments concerning the foregoing, BILLING CODE 8010–01–P any burden on competition that is not including whether the proposed rule necessary or appropriate in furtherance change is consistent with the Act. Comments may be submitted by any of of the purposes of the Act. SECURITIES AND EXCHANGE the following methods: C. Self-Regulatory Organization’s COMMISSION Electronic Comments Statement on Comments on the [Release No. 34–52745; File No. SR–Phlx– Proposed Rule Change Received From • Use the Commission’s Internet 2005–64] Members, Participants, or Others comment form (http://www.sec.gov/ rules/sro.shtml); or Self-Regulatory Organizations; Written comments on the proposed • Send an e-mail to rule- Philadelphia Stock Exchange, Inc.; rule change were neither solicited nor [email protected]. Please include File Notice of Filing and Order Granting received. Number SR–PCX–2005–120 on the Accelerated Approval to a Proposed III. Date of Effectiveness of the subject line. Rule Change To Establish Certain Fees With Respect to Transactions Proposed Rule Change and Timing for Paper Comments Commission Action Executed Through the Intermarket • Send paper comments in triplicate Trading System November 7, 2005 The Exchange has designated the to Jonathan G. Katz, Secretary, proposed rule change as one that: (i) Securities and Exchange Commission, Pursuant to Section 19(b)(1) of the Does not significantly affect the Station Place, 100 F Street, NE., Securities Exchange Act of 1934 protection of investors or the public Washington, DC 20549–9303. (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 interest; (ii) does not impose any All submissions should refer to File notice is hereby given that on October significant burden on competition; and Number SR–PCX–2005–120. This file 31, 2005, the Philadelphia Stock (iii) does not become operative for 30 number should be included on the Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) days from the date on which it was subject line if e-mail is used. To help the filed with the Securities and Exchange filed, or such shorter time as the Commission process and review your Commission (‘‘Commission’’ or ‘‘SEC’’) Commission may designate if consistent comments more efficiently, please use the proposed rule change as described with the protection of investors and the only one method. The Commission will in Items I and II below, which Items public interest pursuant to Section post all comments on the Commission’s have been prepared by the Phlx. The 19(b)(3)(A)(iii) of the Act 8 and Rule Commission is publishing this notice to 9 Internet Web site (http://www.sec.gov/ 19b–4(f)(6) thereunder. At any time rules/sro.shtml). Copies of the solicit comments on the proposed rule within 60 days of the filing of such submission, all subsequent change from interested persons, and is proposed rule change, the Commission amendments, all written statements approving the proposal on an may summarily abrogate such rule with respect to the proposed rule accelerated basis. change if it appears to the Commission change that are filed with the I. Self-Regulatory Organization’s that such action is necessary or Commission, and all written Statement of the Terms of Substance of appropriate in the public interest, for communications relating to the the Proposed Rule Change the protection of investors, or otherwise proposed rule change between the in furtherance of the purposes of the The Exchange proposes to enter into arrangements with other national 10 For purposes only of accelerating the operative 6 15 U.S.C. 78f(b). date of this proposal, the Commission has 7 15 U.S.C. 78f(b)(5). considered the proposed rule’s impact on 11 17 CFR 200.30–3(a)(12). 8 15 U.S.C. 78s(b)(3)(A)(iii). efficiency, competition, and capital formation. 15 1 15 U.S.C. 78s(b)(1). 9 17 CFR 240.19–4(f)(6). U.S.C. 78c(f). 2 17 CFR 240.19b–4.

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securities exchanges to pass certain fees exchange to permit reports to be made A subcommittee of the ITS Operating they have collected from members for in accordance with new Rules 31 and Committee 9 (‘‘Subcommittee’’) has had transactions executed on another 31T. In particular, the data NSCC discussions in order to devise new exchange through the Intermarket reported to each national securities arrangements for passing fees between Trading System (‘‘ITS’’). This proposal exchange included non-covered sales the ITS participants that (1) were does not require changes to Phlx rule data for sales originating on one collected from their members for the text. exchange and executed on another months of September 2003 through 6 II. Self-Regulatory Organization’s exchange through the ITS. August 2004; and (2) are being collected Statement of the Purpose of, and Section 31 requires that national from their members beginning in Statutory Basis for, the Proposed Rule securities exchanges pay a fee based on September 2004 and continuing. This Change the aggregate dollar amount of sales of proposed rule change is being submitted securities transacted on the exchange. by the Phlx with the understanding that In its filing with the Commission, the Given the specific language of Section the other exchanges participating in the Exchange included statements 31, the Commission in the Adopting proposed arrangement devised by the concerning the purpose of, and basis for, Release for Rules 31 and 31T advised subcommittee will be submitting the proposed rule change and discussed that the current methodology for substantially similar rule change any comments it received on the treating sales of securities that occur proposals.10 proposed rule change. The text of these through ITS 7 was no longer appropriate Pursuant to the new arrangement statements may be examined at the being proposed, each ITS participant places specified in Item III below. The and that ‘‘it would be simpler and more transparent for each covered [self- exchange determines whether it has Exchange has prepared summaries, set received and executed more in dollar forth in Sections A, B, and C below, of regulatory organization (‘‘SRO’’)] to report all covered sales that occur on its value of covered sales than it has the most significant aspects of such originated and sent to each other ITS statements. market.’’ The Commission further stated: participant exchange. For example, for A. Self-Regulatory Organization’s The Commission acknowledges that a the historical period, September 2003 Statement of the Purpose of, and covered SRO on which a covered sale occurs through August 2004, SRO A sent ITS Statutory Basis for, the Proposed Rule as a result of an incoming ITS order may not commitments for covered sales whose Change be able to collect funds to pay the Section 31 dollar value was $150 million to SRO B fee from one of its own members. However, for execution. SRO A collected fees from 1. Purpose Section 31 does not address the manner or its members to fund its Section 31 extent to which covered SROs may seek to Section 31 of the Act 3 requires each obligation for those covered sales national securities exchange to pay the recover the amounts that they pay pursuant to Section 31 from their members. Covered executed on SRO B. SRO B, as the Commission a fee based on the aggregate SROs may wish to devise new arrangements executing market center, is obligated to dollar amount of certain sales of for passing fees between themselves so that pay the Section 31 fee to the SEC. securities (‘‘covered sales’’). Rules 31 the funds are collected from the covered SRO During the same period, SRO B sent ITS and 31T, adopted by the Commission in that originated the ITS order.8 commitments for covered sales whose June 2004,4 established procedures for dollar value was $210 million to SRO A. The Commission further noted that the calculation and collection of Section SRO B collected fees from its members any such arrangements devised by the 31 fees on such covered sales. Rule 31 for those covered sales executed on SRO SROs would have to be established requires each national securities A. SRO A, as the executing market pursuant to Section 19(b) of the Act and exchange that owes Section 31 fees to center, is obligated to pay the Section 31 Rule 19b–4 thereunder. submit a completed Form R31 to the fee to the SEC. Since SRO A executed Commission each month, beginning a greater dollar value of covered sales with July 2004. Rule 31T required each 6 As a result of this and other inaccuracies in the data reported by NSCC, the national securities from SRO B than it sent to SRO B, the exchange to submit a completed Form exchanges were unable to report accurate proposed arrangement requires SRO A R31 for each of the months September information on Form R31, unless they made to determine the amount of the fees 2003 to June 2004, inclusive. Each adjustments to the NSCC data based on data other collected by SRO B from its members national securities exchange must report than that provided by NSCC. On October 6, 2004, the Commission’s Division of Market Regulation based on the aggregate dollar value of its covered sales volume based on the (‘‘Division’’) issued a ‘‘no-action’’ letter advising covered sales from SRO B and executed data from a designated clearing agency, exchanges for whom NSCC acts as a designated on SRO A through ITS commitments. when available. The designated clearing clearing agency under Rule 31, that the Division When invoicing SRO B, SRO A will agency for covered sales of equity staff would not recommend that the Commission take enforcement action if a national securities deduct the amount of the fee it owes to securities is the National Securities exchange adjusts the data provided by NSCC to SRO B (i.e., the fee amount based on Clearing Corporation (‘‘NSCC’’). These accurately reflect covered sales occurring on the SRO A’s $210 million in aggregate covered sales are reported in Part I of national securities exchange. See letter from Robert covered sales less the fee amount based Form R31, and each exchange is L.D. Colby, Deputy Director, Division, Commission to Ellen J. Neely, Senior Vice President and General on SRO B’s $150 million in aggregate required to ‘‘provide in Part I only the Counsel, Chicago Stock Exchange, Inc. (‘‘CHX’’), covered sales) and will invoice only for data supplied to it by a designated dated October 6, 2004. the difference of $60 million. clearing agency.’’ 5 The data supplied by 7 In the Adopting Release, the Commission described the current methodology: ‘‘SRO A sends NSCC for the period September 2003 9 The ITS participants are American Stock an ITS commitment to a member of SRO B to sell through August 2004 did not accurately Exchange LLC, Boston Stock Exchange (‘‘BSE’’), a security, and the commitment is executed on SRO Chicago Board Options Exchange, CHX, National reflect the aggregate dollar value of the B. Under existing arrangements, SRO A pays the Association of Securities Dealers (‘‘NASD’’), covered sales occurring on each Section 31 fee arising from this trade and passes the National Stock Exchange, New York Stock fee to its member that initiated the trade. Exchange (‘‘NYSE’’), Pacific Exchange, and Phlx. * * *[T]he SROs devised this system because SRO 3 15 U.S.C. 78ee. 10 B does not have the ability to require members of NASD has determined not to participate in the 4 See Securities Exchange Act Release No. 49928 SRO A to reimburse it for the cost of its Section 31 arrangement for passing fees between exchanges (June 28, 2004), 69 FR 41060 (July 7, 2004) fees.’’ Adopting Release, 69 FR at 41067. although they participated in many of the (‘‘Adopting Release’’). conference calls regarding the proposed 5 17 CFR 240.31(b)(5). 8 Id. arrangement.

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Once the fees have been invoiced and Phlx acknowledges that the legal duty to • Send an e-mail to rule- paid for the historical period, the ITS report and pay the Section 31 fee [email protected]. Please include File participant exchanges plan to use the remains with the ITS participant on Number SR–Phlx–2005–64 on the same arrangement for the period which the sale was in fact transacted. subject line. beginning September 2004 and 2. Statutory Basis Paper comments continuing. It is anticipated that the invoicing process will occur twice This proposal would establish a • Send paper comments in triplicate yearly to coincide with the March 15 process for SROs to enter into to Jonathan G. Katz, Secretary, and September 30 payment schedule for arrangements to pass fees they have Securities and Exchange Commission, Section 31 fees set forth in the Act. collected from members for transactions Station Place, 100 F Street, NE., To implement this proposed executed on another SRO through ITS. Washington, DC 20549–9303. arrangement, an ITS participant For these reasons, the Exchange believes All submissions should refer to File exchange will require access to the that the proposed rule change is Number SR–Phlx–2005–64. This file aggregate dollar value of buy and sell consistent with the Act and the rules number should be included on the transactions occurring through ITS. and regulations thereunder that are subject line if e-mail is used. To help the Under the proposed arrangement for applicable to a national securities Commission process and review your fees collected for the months of exchange and, in particular, the comments more efficiently, please use September 2003 through August 2004, requirements of Section 6(b) of the only one method. The Commission will an ITS participant exchange may choose Act.12 Specifically, the Exchange post all comments on the Commission’s to use data obtained from the Inter- believes the proposed rule change is Internet Web site (http://www.sec.gov/ market Surveillance Information System consistent with the requirements of rules/sro.shtml). Copies of the 13 (‘‘ISIS’’) or data that provides Section 6(b)(5) of the Act, in that it is submission, all subsequent comparable information that includes designed to promote just and equitable amendments, all written statements aggregate dollar value of ITS principles of trade, to prevent with respect to the proposed rule transactions.11 The ISIS data is sorted by fraudulent and manipulative acts and change that are filed with the originating market center (i.e., the practices, and, in general, to protect Commission, and all written sender of an ITS commitment) and investors and the public interest. In communications relating to the receiving market center (i.e., the market addition, the Exchange believes that the proposed rule change between the center that executes the ITS proposed rule change is consistent with Commission and any person, other than commitment). Using this data, each ITS the provisions of Section 6(b)(4) of the 14 those that may be withheld from the participant exchange can determine on Act, which requires that the rules of public in accordance with the a monthly basis the dollar value of all an exchange provide for the equitable provisions of 5 U.S.C. 552, will be executed commitments sent to and allocation of reasonable dues, fees, and available for inspection and copying in received from another ITS participant other charges among its members and the Commission’s Public Reference exchange. issuers and other persons using its Room. Copies of such filing also will be At its meeting on February 23, 2005, facilities. available for inspection and copying at the Subcommittee asked the Securities B. Self-Regulatory Organization’s the principal office of the Phlx. All Industry Automation Corporation Statement on Burden on Competition comments received will be posted (‘‘SIAC’’) to determine the time and The Exchange does not believe that without change; the Commission does expense involved for SIAC to use the the proposed rule change will impose not edit personal identifying ITS database that it maintains to provide any burden on competition that is not information from submissions. You reports of the aggregate dollar value of necessary or appropriate in furtherance should submit only information that buy and sell transactions occurring of the purposes of the Act. you wish to make available publicly. All through ITS to the ITS participants. On submissions should refer to File March 15, 2005, representatives of the C. Self-Regulatory Organization’s Number SR–Phlx–2005–64 and should Subcommittee authorized SIAC to Statement on Comments on the be submitted on or before December 5, develop new reports. SIAC is in the Proposed Rule Change Received From 2005. process of developing these reports and Members, Participants or Others IV. Commission’s Findings and Order expects to complete testing by August No written comments were solicited 31. 2005. Once SIAC can provide this Granting Accelerated Approval of a or received with respect to the proposed Proposed Rule Change data, it will no longer be necessary for rule change. ISIS data to be used. The new reports After careful consideration, the provided by SIAC will be used by ITS III. Solicitation of Comments Commission finds that the proposed participants in connection with Interested persons are invited to rule change is consistent with the Act determining which ITS participant submit written data, views, and and the rules and regulations exchange will pay the fee for arguments concerning the foregoing, thereunder applicable to a national transactions occurring through ITS and including whether the proposed rule securities exchange.15 In particular, the which ITS participant exchange has change is consistent with the Act. Commission believes that the proposal collected the fee from its members. Comments may be submitted by any of is consistent with Section 6(b)(4) of the The Phlx believes that the proposed the following methods: Act,16 which requires that the rules of arrangement is a fair and efficient means Electronic comments an exchange provide for the equitable for passing fees collected at one ITS allocation of reasonable dues, fees, and • participant exchange based upon Use the Commission’s Internet other charges among its members and executions of covered sales occurring at comment form (http://www.sec.gov/ issuers and other persons using its another ITS participant exchange. The rules/sro.shtml); or 15 In approving this proposal, the Commission has 11 The NYSE has made available to the ITS 12 15 U.S.C. 78f(b). considered its impact on efficiency, competition, participants spreadsheets for each month in the 13 15 U.S.C. 78f(b)(5). and capital formation. See 15 U.S.C. 78c(f). period using the ISIS data. 14 15 U.S.C. 78f(b)(4). 16 15 U.S.C. 78f(b)(4).

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facilities. National securities exchanges proposed rule change (SR–Phlx–2005– Dated: October 27, 2005. obtain funds to pay their Section 31 fees 64) is hereby approved on an Hector V. Barreto, to the Commission by charging fees to accelerated basis. Administrator. broker-dealers who generate the covered For the Commission, by the Division of [FR Doc. 05–22535 Filed 11–10–05; 8:45 am] sales on which Section 31 fees are Market Regulation, pursuant to delegated BILLING CODE 8025–01–P based. An exchange can obtain most of authority.22 these funds by imposing a fee on one of Jonathan G. Katz, its members whenever the member is on Secretary. SMALL BUSINESS ADMINISTRATION the sell side of a transaction. However, [FR Doc. E5–6247 Filed 11–10–05; 8:45 am] when the exchange accepts an ITS [Disaster Declaration # 10205 and # 10206] BILLING CODE 8010–01–P commitment to buy, the ultimate seller Louisiana Disaster Number LA–00004 is a party on another market. The exchange lacks the ability to pass a fee AGENCY: Small Business Administration. SMALL BUSINESS ADMINISTRATION to that seller directly, because the seller ACTION: Amendment 8. may not be a member of the exchange. [Disaster Declaration # 10224] Under the proposed arrangement, which SUMMARY: This is an amendment of the the Commission understands will be California Disaster # CA–00021 Presidential declaration of a major adopted by each of the ITS participant Declaration of Economic Injury disaster for the State of Louisiana exchanges,17 the exchange that routed (FEMA–1607–DR), dated 09/24/2005. the ITS commitment away will continue AGENCY: Small Business Administration. Incident: Hurricane Rita. to collect a fee from the broker-dealer ACTION: Notice. Incident Period: 09/23/2005 and that placed the sell order. Then, with continuing through 11/01/2005. SUMMARY: This is a notice of an respect to each ITS participant Effective Date: 11/01/2005. Economic Injury Disaster Loan (EIDL) exchange, the exchange will determine Physical Loan Application Deadline declaration for the State of California, whether it is a net sender or net receiver Date: 01/11/2006. dated 10/27/2005. of ITS trades and send fees to or accept EIDL Loan Application Deadline Date: Incident: Lake Tahoe Sewage Spill. fees from each other exchange 06/26/2006. Incident Period: 07/19/2005. accordingly. The Commission believes ADDRESSES: Submit completed loan Effective Date: 10/27/2005. this is an equitable manner for the applications to: U.S. Small Business EIDL Loan Application Deadline Date: exchanges to obtain funds to pay their Administration, National Processing 07/27/2006. Section 31 fees on covered sales And Disbursement Center, 14925 resulting from ITS trades. ADDRESSES: Submit completed loan Kingsport Road, Fort Worth, TX 76155. Under Section 19(b)(2) of the Act,18 applications to: U.S. Small Business FOR FURTHER INFORMATION CONTACT: A. the Commission may not approve any Administration, National Processing Escobar, Office of Disaster Assistance, proposed rule change prior to the and Disbursement Center, 14925 U.S. Small Business Administration, thirtieth day after the date of Kingsport Road, Fort Worth, TX 76155. 409 3rd Street, Suite 6050, Washington, publication of the notice of filing FOR FURTHER INFORMATION CONTACT: A. DC 20416. thereof, unless the Commission finds Escobar, Office of Disaster Assistance, SUPPLEMENTARY INFORMATION: The notice good cause for so doing. The U.S. Small Business Administration, of the President’s major disaster Commission hereby finds good cause for 409 3rd Street, Suite 6050, Washington, declaration for the State of Louisiana, approving the proposed rule change DC 20416. dated 09/24/2005, is hereby amended to prior to the thirtieth day after SUPPLEMENTARY INFORMATION: Notice is establish the incident period for this publishing notice of filing thereof in the hereby given that as a result of the disaster as beginning 09/23/2005 and Federal Register. In this case, the Administrator’s EIDL declaration on 10/ continuing through 11/01/2005. Commission does not believe a 27/2005, applications for economic All other information in the original comment period is necessary because all injury disaster loans may be filed at the declaration remains unchanged. of the parties affected by the proposed address listed above or other locally (Catalog of Federal Domestic Assistance fee—the other ITS participant announced locations. Numbers 59002 and 59008) exchanges—have already consented to The following areas have been and will adopt the same fee determined to be adversely affected by Cheri L. Cannon, arrangement.19 the disaster: Acting Associate Administrator for Disaster Assistance. For the reasons set forth above, the Primary Counties: Commission finds good cause to Placer [FR Doc. 05–22533 Filed 11–10–05; 8:45 am] accelerate approval of the proposed rule Contiguous Counties: BILLING CODE 8025–01–P change pursuant to Section 19(b)(2) of 20 California the Act. El Dorado, Nevada, Sacramento, SMALL BUSINESS ADMINISTRATION V. Conclusion Sutter, Yuba. It is therefore ordered, pursuant to Nevada [Disaster Declaration # 10176 and # 10177] Section 19(b)(2) of the Act,21 that the Carson City, Douglas, Washoe. The Interest Rate is: 4.000. LOUISIANA Disaster Number LA– 00002 17 See letter from George W. Mann, Jr., Executive The number assigned to this disaster Vice President and General Counsel, BSE, and for economic injury is 102240. AGENCY: Small Business Administration. Chairman, Subcommittee, to Michael Gaw, The States which received an EIDL ACTION: Amendment 2. Assistant Director, Division, Commission, dated Declaration # are California and Nevada. September 29, 2005. 18 15 U.S.C. 78s(b)(2). (Catalog of Federal Domestic Assistance SUMMARY: This is an amendment of the 19 See supra note 17. Number 59002) Presidential declaration of a major 20 Id. disaster for the State of Louisiana 21 Id. 22 17 CFR 200.30–3(a)(12). (FEMA–1603–DR), dated 08/29/2005.

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Incident: Hurricane Katrina. Administrator’s disaster declaration ADDRESSES: Submit completed loan Incident Period: 08/29/2005 and applications for disaster loans may be applications to : U.S. Small Business continuing through 11/01/2005. filed at the address listed above or other Administration, National Processing Effective Date: 11/01/2005. locally announced locations. And Disbursement Center,14925 Physical Loan Application Deadline The following areas have been Kingsport Road, Fort Worth, TX 76155. Date: 01/11/2006. determined to be adversely affected by FOR FURTHER INFORMATION CONTACT: A. EIDL Loan Application Deadline Date: the disaster: Escobar, Office of Disaster Assistance, 05/29/2006. Primary Counties: U.S. Small Business Administration, ADDRESSES: Submit completed loan Beaufort, Brunswick. 409 3rd Street, Suite 6050, Washington, applications to: U.S. Small Business Contiguous Counties: DC 20416. Administration, National Processing North Carolina: SUPPLEMENTARY INFORMATION: Notice is And Disbursement Center, 14925 Columbus, Martin, Pender, Craven, hereby given that as a result of the Kingsport Road, Fort Worth , TX 76155. New Hanover, Pitt, Hyde, Pamlico, Administrator’s disaster declaration FOR FURTHER INFORMATION CONTACT: A. Washington. applications for disaster loans may be Escobar, Office of Disaster Assistance, South Carolina, Horry. filed at the address listed above or other U.S. Small Business Administration, The Interest Rates are: locally announced locations. 409 3rd Street, Suite 6050, Washington, The following areas have been DC 20416. Percent determined to be adversely affected by SUPPLEMENTARY INFORMATION: The notice Homeowners with credit available the disaster: of the President’s major disaster elsewhere ...... 5.375 Primary Counties: declaration for the State of Louisiana, Homeowners without credit avail- Carteret dated 08/29/2005, is hereby amended to able elsewhere ...... 2.687 Contiguous Counties: North Carolina establish the incident period for this Businesses with credit available Craven, Jones, Onslow, Pamlico disaster as beginning 08/29/2005 and elsewhere ...... 6.557 The Interest Rates are: continuing through 11/01/2005. Businesses & small agricultural All other information in the original cooperatives without credit Percent declaration remains unchanged. available elsewhere ...... 4.000 Other (including non-profit organi- Homeowners With Credit Avail- (Catalog of Federal Domestic Assistance zations) with credit available Numbers 59002 and 59008) able Elsewhere ...... 5.375 elsewhere ...... 4.750 Homeowners Without Credit Cheri L. Cannon, Businesses and non-profit organi- Available Elsewhere ...... 2.687 zations without credit available Acting Associate Administrator for Disaster Businesses With Credit Available elsewhere ...... 4.000 Assistance. Elsewhere ...... 6.557 Businesses & Small Agricultural [FR Doc. 05–22534 Filed 11–10–05; 8:45 am] The number assigned to this disaster Cooperatives Without Credit BILLING CODE 8025–01–P for physical damage is 10240 6 and for Available Elsewhere ...... 4.000 economic injury is 10241 0. Other (Including Non-Profit Orga- The States which received an EIDL nizations) With Credit Available SMALL BUSINESS ADMINISTRATION Declaration # are North Carolina, South Elsewhere ...... 4.750 [Disaster Declaration # 10240 and # 10241] Carolina. Businesses And Non-Profit Orga- nizations Without Credit Avail- (Catalog of Federal Domestic Assistance able Elsewhere ...... 4.000 North Carolina Disaster # NC–00003 Numbers 59002 and 59008) AGENCY: Small Business Administration. Dated: November 4, 2005. The number assigned to this disaster ACTION: Notice. Hector V. Barreto, for physical damage is 10242 8 and for Administrator. economic injury is 10243 0. SUMMARY: This is a notice of an The States which received an EIDL [FR Doc. 05–22536 Filed 11–10–05; 8:45 am] Administrative declaration of a disaster Declaration # are North Carolina. for the State of North Carolina, dated BILLING CODE 8025–01–P (Catalog of Federal Domestic Assistance November 4, 2005. Numbers 59002 and 59008) Incident: Tropical Storm Tammy. Incident Period: 10/07/2005 through SMALL BUSINESS ADMINISTRATION Dated: November 4, 2005. 10/09/2005. [Disaster Declaration # 10242 and # 10243] Hector V. Barreto, Effective Date: 11/04/2005. Administrator. Physical Loan Application Deadline North Carolina Disaster # NC–00002 [FR Doc. 05–22537 Filed 11–10–05; 8:45 am] Date: 01/03/2006. BILLING CODE 8025–01–P EIDL Loan Application Deadline Date: AGENCY: Small Business Administration 08/04/2006. ACTION: Notice. ADDRESSES: Submit completed loan SUMMARY: This is a notice of an DEPARTMENT OF STATE applications to: Small Businesss Administrative declaration of a disaster Administration, National Processing [Public Notice 5225] for the State of North Carolina dated 11/ and Disbursement Center, 14925 04/2005. Kingsport Road, Fort Worth, TX 76155. Culturally Significant Objects Imported Incident: Hurricane Ophelia. for Exhibition Determinations: FOR FURTHER INFORMATION CONTACT: A. Incident Period: 09/14/2005 through ‘‘Gauguin and Impressionism’’ Escobar, Office of Disaster Assistance, 09/23/5005. U.S. Small Business Administration, Effective Date: 11/04/2005. SUMMARY: Notice is hereby given of the 409 3rd Street, Suite 6050, Washington, Physical Loan Application Deadline following determinations: Pursuant to DC 20416. Date: 01/03/2006. the authority vested in me by the Act of SUPPLEMENTARY INFORMATION: Notice is EIDL Loan Application Deadline Date: October 19, 1965 (79 Stat. 985; 22 U.S.C. hereby given that as a result of the 08/04/2006. 2459), Executive Order 12047 of March

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27, 1978, the Foreign Affairs Reform and expertise on the countries of Eurasia Part II Restructuring Act of 1998 (112 Stat. and Southeast Europe, (2) bring Program Information: In the Soviet- 2681, et seq.; 22 U.S.C. 6501 note, et American expertise to the service of the Eastern European Research and Training seq.), Delegation of Authority No. 234 of U.S. Government, and (3) further U.S. Act of 1983 (Title VIII), the Congress October 1, 1999, Delegation of Authority foreign assistance goals. The grants will declared that independently verified No. 236 of October 19, 1999, as be awarded through an open, merit- factual knowledge about the countries of amended, and Delegation of Authority based competition. The purpose of this that area is ‘‘of utmost importance for No. 257 of April 15, 2003 [68 FR 19875], request for proposals is to inform the national security of the United I hereby determine that the objects to be potential applicant organizations of States, for the furtherance of our included in the exhibition ‘‘Gauguin programmatic, procedural and funding national interests in the conduct of and Impressionism,’’ including a information for the fiscal year 2006 Title foreign relations, and for the prudent collateral work by Gauguin, Nave Nave VIII grants competition. management of our domestic affairs.’’ Mahana, imported from abroad for We request that applicants read the Congress also declared that the temporary exhibition within the United entire Federal Register announcement development and maintenance of such States, are of cultural significance. The before addressing inquiries to the Title knowledge and expertise ‘‘depends objects are imported pursuant to loan VIII Program Office or submitting a upon the national capability for agreements with the foreign lenders. I proposal. This notice contains three advanced research by highly trained and also determine that the exhibition or parts. Part I addresses Shipment and experienced specialists, available for display of the exhibit objects at the Deadline for Proposals. Part II consists service in and out of Government.’’ Kimbell Art Museum, Fort Worth, of a Statement of Purpose and Program The Title VIII Program provides Texas, from on or about December 18, Priorities. Part III provides Funding financial support for advanced research, 2005 to on or about March 26, 2006, and Information for the program. graduate and language training and at possible additional venues yet to be Authority: Grantmaking authority for the other related functions on the countries determined, is in the national interest. Program for Research and Training on of the region. The program operates on Public Notice of these Determinations is Eastern Europe and the Independent States of a ‘‘pass-through’’ basis in that grantee ordered to be published in the Federal the Former Soviet Union (Title VIII) is organizations serve as intermediaries Register. contained in the Soviet-Eastern European and conduct nationwide competitive Research and Training Act of 1983 (22 U.S.C. FOR FURTHER INFORMATION CONTACT: For programs to distribute grant funds to further information, including a list of 4501–4508, as amended) and is funded through the FREEDOM Support Act (FSA) of individual scholars, language students the exhibit objects, contact Wolodymyr 1992 and Support for East European or universities. The program’s goal is to R. Sulzynsky, the Office of the Legal Democracy (SEED) Act of 1989. support and sustain a cadre of U.S. Adviser, Department of State, experts by providing a full spectrum of (telephone: 202/453–8050). The address Part I financial assistance spanning the careers is Department of State, SA–44, 301 4th Shipping and Deadline for Proposals: of scholars and students who have Street, SW., Room 700, Washington, DC Due to security procedures proposals made, or are likely to make, a career 20547–0001. must be sent via a nationally recognized commitment to the study of Southeast Dated: November 1, 2005. overnight delivery service (e.g., DHL, Europe and Eurasia. The Department of C. Miller Crouch, Federal Express, UPS, Airborne Express, State’s Title VIII Program Office brings Principal Deputy Assistant Secretary for or USPS Express Mail, etc.) or hand- this research and expertise to the service Educational and Cultural Affairs, Department delivered. Proposals may not be sent by of the U.S. Government. The Title VIII of State. regular U.S. Mail. Program also contributes to the overall [FR Doc. 05–22541 Filed 11–10–05; 8:45 am] Proposals must have a postmark or objectives of the FREEDOM Support and BILLING CODE 4710–08–P invoice dated by Wednesday, January SEED Acts through the Title VIII 11, 2006 and must be received within scholars’ and students’ participation in seven (7) days after the deadline. Hand- interactive educational and professional DEPARTMENT OF STATE delivered proposals must be submitted activities, volunteering, consulting, and no later than 4 p.m. on January 11, 2006. other endeavors that further economic [Public Notice 5173] Faxed proposals will not be accepted at prosperity and mutual understanding in Request for Proposals: Program for any time. Late applications will not be the region. The full purpose of the Title Research and Training on Eastern considered. It is the applicant’s VIII Program and the eligibility Europe and the Independent States of responsibility to ensure that proposals requirements are set forth in Public Law the Former Soviet Union (Title VIII) are delivered on time. 98–164, 97 Stat. 1047–50, as amended. Address proposals to: Susie Baker, The following countries are eligible Summary: The Department of State Title VIII Program Officer, U.S. for funding under this request for invites organizations with substantial Department of State, INR/RES, Room proposals: Albania, Armenia, and wide-reaching experience in 2251, 2201 C Street, NW., Washington, Azerbaijan, Belarus, Bosnia and administering research and training DC 20520–6510. Herzegovina, Bulgaria, Croatia, Republic programs to serve as intermediaries Applications Delivered by Hand: of Macedonia, Georgia, Kazakhstan, conducting nationwide competitive Hand-delivered proposals will be Kyrgyzstan, Moldova, Romania, Russia, programs for scholars, students and accepted between 9 a.m. and 4 p.m. EST Serbia and Montenegro, Tajikistan, institutions pertaining to advanced daily, except Saturdays, Sundays and Turkmenistan, Ukraine and Uzbekistan. research and language training on the Federal holidays. Proposals must be Travel to certain countries may be countries of Southeast Europe and brought to the State Department’s 21st subject to restrictions due to unforeseen Eurasia. U.S.-based public and private Street entrance, just north of the world events, Congressional restrictions, nonprofit organizations and educational intersection with C Street, NW. Contact U.S. embassy requirements, or general institutions may submit proposals to the Title VIII Program office at (202) security concerns. carry out Title VIII-funded programs 736–4572 or (202) 647–0243 to arrange The Act established an Advisory that (1) support and sustain American a delivery time. Committee to recommend grant policies

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and recipients. The Deputy Secretary of post-doctoral or equivalent-level assistance activities in the region. State, after consultation with the research projects, to be cost-shared with Applicants are strongly encouraged to Advisory Committee, approves policies partner institutions; propose programs where grants for and makes the final determination on (2) Offer graduate, post-doctoral and overseas work include a service awards. Once the proposal submission teaching fellowships for advanced component such as lecturing at a deadline has passed, Title VIII Program training on the countries of Southeast university or participating in workshops staff and the Title VIII Advisory Europe and Eurasia, and in related with host government and Committee may not discuss any aspect studies, including training in the parliamentary officials, of this competition with applicants until languages of the region, to be cost- nongovernmental organizations, and after the proposal review and approval shared with partner institutions; other relevant audiences on issues process has been completed. (3) Provide fellowships and other related to transitions in the region. Scope: The Title VIII legislation states support for American specialists • Research Topics: The Title VIII that the program should develop a enabling them to conduct advanced Program supports research topics that stable, long-term, national program of research on the countries of Southeast strengthen the fields of Eurasian and unclassified, advanced research and Europe and Eurasia, and in related East European Studies (and related training on the countries of Eastern studies; fields), and address U.S. policy interests Europe and/or Eurasia. Applicants’ (4) Facilitate research collaboration in the region, broadly defined. proposals should outline programs that: among U.S. scholars, the U.S. Historical or cultural research that (1) Support and sustain American Government, and private specialists on promotes understanding of current expertise on the countries of Eurasia Southeast Europe and Eurasia studies; events in the region is acceptable if an and Southeast Europe, (2) bring (5) Provide field-strengthening explicit connection is made to policy American expertise to the service of the activities that stimulate interaction and relevant issues, broadly defined. U.S. Government, and (3) further U.S. sustained relationships among junior Technical research in fields such as foreign assistance goals. and senior scholars; mathematics is not eligible for funding Eligibility: U.S.-based public and (6) Provide advanced training and under Title VIII. private non-profit organizations and research in the countries of Southeast • Regional Focus: Priority will be educational institutions with substantial Europe and Eurasia by facilitating given to programs that focus on gaps in and wide-reaching expertise in access for American specialists to knowledge on Central Asia, the administering advanced research and research facilities and resources in those Caucasus, Ukraine and Belarus, and the training programs and conducting countries; Balkans, especially the former nationwide competitive programs for (7) Facilitate the accessibility and Yugoslavia. The greater Central Asia scholars, students and institutions dissemination of research findings, region is critical in the global war on pertaining to advanced research and methods and data, and policy papers terrorism, therefore also eligible are language training on the countries of among U.S. Government agencies and proposals that incorporate a focus on Southeast Europe and Eurasia and the public; ‘‘Cross-Regional Issues’’ and include related fields may apply. To (8) Strengthen the national capability specifically the countries of Kazakhstan, demonstrate eligibility, applicant for advanced research or training on the Kyrgyzstan, Tajikistan, Turkmenistan organizations should describe their countries of Southeast Europe and and/or Uzbekistan, relative to their experience and expertise in each of the Eurasia; shared historical, ethnic, linguistic, following: (9) Bring Title VIII scholarship to the political, economic, and cultural ties • Conducting national, open, merit- service of the U.S. Government in ways with such countries as Iraq, Iran, based competitions for the purpose of not specified above. Afghanistan, Pakistan, Korea, China and distributing grant funds for advanced In addition to the above guidelines, Turkey. • research and language training at the support for specific activities will be Balanced National Program: In graduate level and above; guided by the following policies and making its recommendations, the • priorities: Advisory Committee will seek to Peer review mechanisms; • • Recruiting individuals who are Support for Transitions and U.S. encourage a coherent, long-term and likely to make a career commitment to Assistance Goals: Program activities are stable effort directed toward developing the study of Eastern Europe and/or strongly encouraged that build expertise and maintaining a national capability on Eurasia; among U.S. specialists on the region, the countries of Southeast Europe and • Federal grants policy and and also: (1) Promote fundamental goals Eurasia. Program proposals can be for management. of U.S. foreign assistance programs such the conduct of any of the functions NB: Individual scholars and students as establishing functioning market enumerated, but in making its seeking Title VIII support should refer economies and promoting democratic recommendations, the Committee will to the Title VIII Program Web site for governance and civil societies, and (2) concern itself particularly with the funding opportunities: http:// provide knowledge to both U.S. and development of a balanced national www.state.gov/s/inr/grants. Proposals foreign audiences related to current U.S. effort that will ensure attention to all from institutions or organizations to policy interests in the region, broadly eligible countries, as well as to the fund their own projects, i.e., projects defined. This includes, but is not broad spectrum of students, scholars that are not national in scope and/or do limited to, such topics as resolution of and researchers in various sectors and not involve open, merit-based ethnic, religious, and other conflict; career stages. recruitment of participants will not be terrorism; transition economics; access • Promoting Federal Service for Title considered. to information; youth and women’s VIII Grant Recipients: Although the Guidelines: Programs proposed for issues; human rights; and citizen Title VIII Program does not require a this competition should be national in participation in politics and civil federal service commitment for scope and may: society. For overseas research, individuals receiving funding, the (1) Award contracts or grants to U.S. applicants are asked to propose effective Advisory Committee urges grantees to institutions of higher education or means through which individual grant encourage individuals receiving Title nonprofit organizations in support of recipients’ work may complement VIII funding to pursue U.S. Government

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career opportunities, internships, or fellowships (i.e., nine months or longer), • Reporting and Funding short-term sabbaticals after completing should be restricted solely to American Acknowledgement: Successful their awards, and to otherwise bring scholars. Support for short-term applicants will be required to submit their research to the service of the U.S. activities also should be restricted to quarterly financial and program reports, Government. Grant recipient Americans, except in special instances and will be expected to acknowledge organizations are encouraged to: (1) where the participation of a non- the Department of State and the Title Identify individuals for funding who American scholar has clear and VIII Program in all Title VIII-supported have an interest in pursuing careers in demonstrable benefits to the U.S. research products, advertising, the U.S. Government; and (2) provide scholarly community and/or the U.S. recruitment tools, announcements, and opportunities for individuals in Government. In such special instances, other related electronic or written disciplines with Eurasian and/or the applicant will be required to notify communications. Southeast European studies the Title VIII Program office prior to the Applications concentrations to serve on a temporary activity and justify the expenditure by basis as a policy or other expert in U.S. clearly describing the expected benefit Application Format: Applicants must Embassies, U.S. Government agencies to the field(s) and/or the U.S. submit 15 copies of the proposal (a and/or with NGOs in the region; and (3) Government. Despite this restriction, clearly marked original and 14 copies) provide opportunities for students and collaborative projects are encouraged— in Times New Roman, 12-point font. researchers to submit and present their where the non-American component is The ‘‘Executive Summary,’’ ‘‘Proposal research in a variety of formats, funded from other sources—and priority Narrative,’’ ‘‘Budget Presentation’’ and including policy briefs, white papers is given to institutions whose programs ‘‘Resumes’’ must be submitted on a PC- and policy forums. Applications contain such an international formatted disk or CD. Proposals should proposing more productive interaction component. include the following elements: among U.S. Government agencies, • Cost-sharing: (1) Title VIII TAB 1: SF424 ‘‘Application for universities and non-government legislation requires cost-sharing for Federal Assistance’’ and Cover Letter organizations (NGOs) in the U.S. and projects involving post-doctoral or with primary point of contact for overseas are strongly encouraged. questions if different than ‘‘Authorized • equivalent-level research projects; and Publications: Funds awarded in this graduate, post-doctoral and teaching Representative.’’ SF424 is online: competition should not be used to fellowships for advanced training or (http://www.whitehouse.gov/omb/ subsidize journals, newsletters and language studies for institutions or grants/sf424.pdf); other periodical publications. individuals. Cost sharing is strongly TAB 2: Executive Summary (one page, • Conferences: Proposals to fund encouraged in all programs. (2) Research single-spaced, see below); conferences will be considered for TAB 3: Proposal Narrative (not to solely on, and/or travel to, the countries funding only if the conference is an exceed 20 double-spaced pages), and of ‘‘greater Central Asia’’ or Central and interactive, field-strengthening activity calendar or timeline of major program East Europe outside of Southeast Europe and if it is a component of a larger activities; as outlined in this request for proposals, program with greater duration and TAB 4: Budget Presentation (Detailed is not eligible for FSA or SEED funding. scope. Conference panelists must be Budget, Budget Notes, and Budget Proposals may include a plan to support selected through an open, merit-based Summary—see below for explanation); selection process. In addition, research projects on, and travel to, TAB 5: Resumes (one page each for conference proposals will be assessed countries eligible and ineligible for FSA key professional staff); according to their relative contribution or SEED funding, to address cross- TAB 6: Letters of Support and/or to the advancement of knowledge and to border issues, regional or comparative Partnership; and the professional development of cadres studies, etc., in which case travel to TAB 7: Certifications of Compliance in the fields, and will be competed and ineligible countries would be cost- with Federal Regulations (see below). evaluated against research, fellowship shared with funding from other sources. Applicants may append other or other proposals for achieving the (3) All proposed cost sharing should be information they consider essential, objectives of this grant competition. included in the budget request in a although bulky submissions are • Language Support: The Advisory separate column, and explained in the discouraged and run the risk of not Committee encourages a focus on the budget notes. The basis for determining being reviewed fully. non-Russian languages of Eurasia and the value of cash and in-kind Executive Summary: A one page, the less-commonly-taught languages of contributions must be in accordance single-spaced summary to include: two Southeast Europe. For Russian-language with OMB Circular A–110, (Revised), separate dollar figures indicating the instruction and study, support may be Subpart C.23—Cost Sharing and amount of funding requested for Eurasia provided only at the advanced level. Matching. and Southeast Europe, respectively; a Institutions seeking funding in order to • Program Data Requirements: list of each proposed program offer language instruction are Organizations awarded grants will be component in priority order; DUNS encouraged to apply to one or more of required to provide data on program number; and any additional information the national programs with appropriate participants and activities in an the applicant wishes to provide. peer review and selection mechanisms. electronically accessible format for the Budget: Because funds will be • Support for Non-Americans: The Title VIII Alumni Database. Requested appropriated separately for Southeast purpose of the program is to build and information would include the Europe (SEED) and Eurasia (FSA) sustain U.S. expertise on the countries following: Name; Institution; Address; programs, proposals and budgets must of Southeast Europe and Eurasia. Contact Information; Field(s) of delineate how the requested funds will Therefore, the Advisory Committee has Expertise; Type/Title of Award; be distributed by region, country (to the determined that highest priority for Location(s) of Research, Fellowship, or extent possible), and activity. Successful support always should go to American other Activity; Research Products/Titles; grant recipients will be required to specialists (i.e., U.S. citizens or Service to the U.S. Government; report expenditures by region, country permanent residents). Support for such Contribution to U.S. Assistance Goals; and activity. Applicants must provide activities as long-term research etc. the following Budget Presentation

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(budget templates are available by audit report, if available) and the name, of instruction, degrees of intensiveness, request from the Title VIII Program address, and point of contact of the facilities, and methods for measuring Office). audit agency. language proficiency (including pre- (1) Summary Budget, with one (6) Include a prioritized list of and post-testing); instructors’ column each for the following: (1) DOS/ proposed programs if funding is being qualifications; and budget information Title VIII Costs; (2) Applicant Cost requested for more than one program or showing estimated costs per student. Sharing; (3) Third Party Cost Sharing, if activity. Certifications: Applicants must applicable; and (4) Total Costs, with the All payments will be made to grant include three Certifications of following headings: recipients through the U.S. Compliance with Federal Regulations: Government’s Payment Management (a) Certification Regarding Drug-Free Southeast Europe (SEED) System (PMS). Applicants should Workplace Requirements for Grantees Program Costs. familiarize themselves with Department Other Than Individuals http:// Administrative Costs. of State grant regulations contained in foia.state.gov/forms/grants/ds2012.pdf; TOTAL Southeast Europe. 22 CFR 145, ‘‘Grants and Cooperative (b) Certification Regarding Debarment, Eurasia (FSA) Agreements with Institutions of Higher Suspension and Other Responsibility Education, Hospitals, and Other Non- Matters for Lower Tier and Primary Program Costs. Profit Organizations’’; 22 CFR 137; OMB Covered Transactions http:// Administrative Costs. foia.state.gov/forms/grants/ds2015.pdf; TOTAL Eurasia. Circular A–110, ‘‘Uniform Administrative Requirements for Grants (c) New Restrictions on Lobbying SEED + FSA Totals and Agreements with Institutions of http://foia.state.gov/forms/grants/ TOTAL Program Costs (SEED + FSA). Higher Education, Hospitals, and Other ds2018.pdf. TOTAL Administrative Costs (SEED + Non-Profit Organizations’’; and OMB Review Process: The program office, a FSA). Circular A–133, ‘‘Audits of Institutions grant review panel and the Title VIII (Percentage Of Total Admin Costs To of Higher Learning and Other Non-Profit Advisory Committee will review all Total Requested Funding:%). Institutions.’’ Organizations can receive eligible proposals. Proposals also may TOTAL COSTS (SEED + FSA). a DUNS number at no cost: call the toll- be reviewed by the Office of the Legal (2) Detailed Line-Item Budget with free DUNS Number request line at (866) Advisor or by other Department one column each for the following: (1) 705–5711 or apply online at http:// elements. Final funding decisions are at DOS/Title VIII Costs; (2) Applicant Cost www.dnb.com/us/duns_update/. the discretion of the Department of Sharing; (3) Third Party Cost Sharing, if Proposal Narrative: The Applicant State’s Deputy Secretary. Final technical applicable; and (4) Total Costs. The must describe the proposed program(s), authority for grants resides with the budget must include the headings in no more than 20 double-spaced Department of State’s Grants Officers. ‘‘Program Costs’’ and ‘‘Administrative pages, including the benefits of these Review Criteria: Technically eligible Costs,’’ and both administrative and programs for the Southeast European proposals will be competitively program costs must be listed separately and Eurasian fields, estimates of the reviewed according to the following according to region (Eurasia or types and amounts of anticipated criteria: Southeast Europe). Sub-budgets for each awards, peer review procedures, (1) Quality of the Program Idea: separate program component, phase, recruitment plan for open, merit-based Proposals should be responsive to the location or activity should be included selection of participants with detailed guidelines provided in this request for to provide clarification. Administrative information about advertising of proposals, and should exhibit Costs include the following: ‘‘Staff program opportunities to eligible originality, substance, precision, and Requirements’’ (each person/position individuals and/or institutions, and relevance to the State Department’s should be listed as a separate line item anticipated selection committee mission, the legislation supporting the as follows: Annual salary/12 months × participants. The narrative should Title VIII Program, and the FREEDOM percentage of time × number of months address the applicant’s plan to Support and SEED Acts. devoted to program), ‘‘Benefits,’’ ‘‘Direct encourage policy relevant research, (2) Program Plan: Program objectives Costs,’’ and ‘‘Indirect Costs.’’ Indirect methods for dissemination of research should be stated clearly. Objectives costs are limited to 10 percent of total products to academic and non-academic should respond to priorities and address direct program costs. The ‘‘Total audiences, and plans for bringing Title gaps in knowledge for particular fields Amount Requested’’ should be the sum VIII to the service of the U.S. and/or regions. A calendar or timeline of the amount requested for Eurasia Government, where applicable. of major program activities should be activities plus the amount requested for Applicants who have received included. Responsibilities of partner Southeast Europe activities. previous grants from the Title VIII organizations, if any, should be (3) Budget Notes should clarify each Program should provide the following described clearly. line item, as necessary. Explain cost detailed information: Names/affiliations (3) Institutional Capacity: Proposed sharing with appropriate details and of individual and institutional award personnel and selection committees cross-references to the budget request. recipients and amounts and types of should be adequate and appropriate to (4) For applicants requesting funds to awards from the past year; and a achieve the program’s goals. The supplement a program having other summary of the applicant’s past grants proposal should reflect the applicant’s sources of funding, submit a current under the Title VIII Program specifying expertise and knowledge in managing budget for the total program and an both past and anticipated applicant to federal grants and in conducting estimated future budget for it, showing award ratios. national competitive award programs of how specific lines in the budget would Proposals from national organizations the type the applicant proposes on the be affected by the allocation of involving language instruction programs countries of Southeast Europe and/or requested grant funds. Other funding should provide information on Eurasia. Past performance of prior sources and amounts should be programs supported in the past year, recipients and the demonstrated identified. including: Indications of progress potential of new applicants will be (5) Append the most recent audit achieved by Title VIII-funded students; considered, including both the ability to report (the most recent U.S. Government criteria for evaluation, including levels handle technical grants management

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details and provide a superior-quality contact the Title VIII Program office at 256, as amended, also known as the program. [email protected]. Fulbright-Hays Act. The purpose of the Act is ‘‘to enable the Government of the (4) Cost-Effectiveness and Cost Kenneth E. Roberts, Sharing: Administrative costs in the United States to increase mutual Executive Director, Advisory Committee for understanding between the people of proposal budget should be kept to a Studies of Eastern Europe and the the United States and the people of minimum. All other items should be Independent States of the Former Soviet Union, Department of State. other countries* * *; to strengthen the necessary and appropriate. Proposals ties which unite us with other nations [FR Doc. 05–22543 Filed 11–10–05; 8:45 am] should maximize cost sharing, by demonstrating the educational and including in-kind assistance, through BILLING CODE 4710–32–P cultural interests, developments, and contributions from the applicant, achievements of the people of the partner organizations, as well as other DEPARTMENT OF STATE United States and other private sector support. ‘‘Applicant Cost- nations* * *and thus to assist in the Sharing’’ and ‘‘Third Party Cost [Public Notice 5213] development of friendly, sympathetic Sharing’’ should be included as separate and peaceful relations between the columns in the budget request. Proposal Bureau of Educational and Cultural United States and the other countries of budgets that do not provide cost sharing Affairs (ECA) Request for Grant the world.’’ The funding authority for will be deemed less competitive in this Proposals: English Access the Program above is provided through category. Microscholarship Program legislation. Pending availability of funds, it is (5) Evaluation, Monitoring, Database, Announcement Type: New anticipated that up to $8.75 million will Reporting: Proposals should include a Cooperative Agreement. be available to support this initiative in plan to evaluate and monitor program Funding Opportunity Number: ECA/ FY–2006. Middle East Partnership successes and challenges. Methods for A/L–06–02. Initiative (MEPI) funds will be used to linking outcomes to program objectives Catalog of Federal Domestic support the Program in the Near East/ are recommended. The proposal should Assistance Number: 00.000. North Africa region, where allowable address the applicant’s willingness and Key Dates: (i.e., all but Syria, Iraq, Libya.) The ability to contribute to the alumni Application Deadline: January 5, Program may expand significantly in database. 2006. FY–2007. Executive Summary: The English Purpose: The English Access Part III Access Microscholarship Program is Microscholarship Program gives non- designed to give non-elite, 14 to 18 year elite, 14 to 18 year old students in Available Funds: Funding for this old students in countries with program is subject to final Congressional countries with significant Muslim significant Muslim populations the populations the opportunity to study action and the appropriation of FY 2006 opportunity to study English, to gain an English, to gain an appreciation for funds. In Fiscal Year 2005, the program appreciation for American culture and American culture and values, and to was funded at $4.6 million from the values, and to increase their ability to increase their ability to participate FREEDOM Support and SEED Acts, participate successfully in the socio- successfully in the socio-economic which funded grants to eight national economic development of their development of their countries. The organizations. The number of awards countries. The microscholarships fund Bureau of Educational and Cultural may vary each year, depending on the in-country study for classes close to the Affairs’ Office of English Language level of funding and the quality of the students’ homes. While the English Programs (ECA/A/L), based on input applications submitted. Access Microscholarship Program does from U.S. Embassies’ Public Affairs The Department legally cannot not support study in the United States, sections, designates the schools or other commit funds that may be appropriated the Program does provide for two educational service providers that in subsequent fiscal years. Thus multi- Summer workshops, one for selected conduct the classes. (Note: Throughout year projects cannot receive assured Directors and teachers and the other for this Request for Grant Proposals, these selected students. In addition to funding unless such funding is supplied schools, NGOs and other partners will providing quality instruction in the out of a single year’s appropriation. be referred to as ‘‘in-country educational English language, all courses in which service providers.’’) The Embassies Grant agreements may permit the microscholarship students are enrolled select the students to receive expenditure from a particular year’s must include significant U.S. content microscholarships. The grant to be made up to three years after that gives the students insights into, and microscholarships fund in-country the grant’s effective date. an appreciation for, American culture study for classes close to the students’ The terms and conditions published and values, and American democratic homes. English Access in this Request for Proposals are binding principles. Another important goal of Microscholarships do not support study and may not be modified by any the English Access Microscholarship in the United States. Because of the Department representative. Issuance of Program is for a reasonable number of Program’s worldwide scope, the method the Request for Proposals does not the students to acquire sufficient of instruction, curriculum, textbooks, constitute an award commitment on the English language skills to be eligible to tests, hours of instruction, cost per part of the U.S. Government. The participate in traditional ECA exchange student, and other program elements Department reserves the right to reduce, programs or other U.S. study may vary considerably from country to revise, or increase proposal budgets in opportunities. country, and sometimes within a single accordance with the needs of the country. I. Funding Opportunity Description Background: In FY–2004 the program and the availability of funds. Authority: Overall grant making Department of State launched the Further Information: For further authority for this program is contained English Access Microscholarship information or to arrange a consultation, in the Mutual Educational and Cultural Program as a pilot Program in most of Exchange Act of 1961, Public Law 87– the countries of the Bureau of Near

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Eastern Affairs. The Bureau of the two roles are distinct. For example, such as details of corporate and/or Educational and Cultural Affairs separate accounts must be established to private partnership support for the subsequently expanded the pilot preclude co-mingling of funds, separate Program. The cooperative-agreement Program to include countries with support staff must be maintained, etc. recipient will submit quarterly and end- significant Muslim populations beyond Ideally, the cooperative-agreement of-year reports (soft and hard copies) of the Near East region. Under the pilot recipient makes one disbursement to database information in EXCEL phase, over 9,000 students in 44 each in-country educational service spreadsheet format to ECA/A/L. countries enrolled in the Program. The provider per year, but ECA/A/L may Cooperative Agreement: In a Program currently is operating in authorize additional disbursements as cooperative agreement, ECA/A/L is Algeria, Bahrain, Gaza, Israel, Kuwait, necessary based on program substantially involved in the program Lebanon, Morocco, Oman, Qatar, Saudi requirements. Individual disbursements activities, above and beyond routine Arabia, Syria, Tunisia, the United Arab to in-country educational service grant monitoring. ECA/A/L activities Emirates, West Bank, Yemen, Benin, providers will vary in size depending on and responsibilities for this Program are Burkina Faso, Chad, Congo, the the size of the Program in each country, as follows: Democratic Republic of Congo, Kenya, ranging from a few thousand dollars up —Selects, based on input from U.S. Mozambique, Niger, Nigeria, Senegal, to several hundred thousand dollars per Embassies and the State Department’s Tanzania, Togo, Afghanistan, in-country educational service provider. regional bureaus’ public diplomacy Bangladesh, India, Pakistan, Cambodia, Additionally, the cooperative- offices, the students who receive the Indonesia, Malaysia, Thailand, Bosnia agreement recipient, under the close microscholarships; Herzegovina, Russia, Tajikistan, Turkey, supervision of with ECA/A/L, will: —Selects, based on input from U.S. Turkmenistan, and Uzbekistan. 2. Plan, conduct, and fund a two-week Embassies and the State Department’s Program Goals: In addition to workshop in the U.S. for approximately regional bureaus’ public diplomacy providing quality instruction in the 12–15 (twelve to fifteen) teachers and offices, the in-country educational English language, all courses in which directors of the Program, chosen by service providers (schools, NGOs, in- microscholarship students are enrolled ECA/A/L from nominations by country educational service providers, are required to have adequate and Embassies. The workshop will focus on etc.) that will provide English appropriate content to give the students developing ‘‘best practices’’ managerial language instruction to the insights into, and an appreciation for, and pedagogical recommendations. microscholarship students; American culture and values. Another 3. Plan, conduct, and fund a three- —Determines, based on input from U.S. important goal of the English Access week workshop in the U.S. for Embassies and the State Department’s Microscholarship Program is for a approximately 20–25 (twenty to twenty- regional bureaus’ public diplomacy reasonable number of the students to five) English Access Microscholarship offices, the amount and timing of acquire sufficient English language Program students, chosen by ECA/A/L financial disbursements by the skills to be eligible to participate in from nominations by Embassies. The cooperative-agreement recipient to the traditional ECA exchange programs or workshop will focus on giving the in-country educational service other U.S. study opportunities. students an immersion experience in providers; Cooperative-agreement recipient American culture and the English —Serves, except for routine Responsibilities: The cooperative- language and will entail travel to several disbursements and other transactions agreement recipient organization that is cities and diverse regions in the United approved in advance by ECA/A/L, as awarded the English Access States. the cooperative-agreement recipient’s Microscholarship Program cooperative- 4. Develop and maintain a secure, primary point of contact and agreement from the Bureau will be limited-access database containing intermediary with the in-country responsible for the following activities: relevant program information for educational service providers and 1. Disbursing funds to in-country English Access Microscholarship teachers involved in the Program. educational service providers in each of students and in-country educational Similarly, ECA/A/L serves as the the participating countries. The in- service providers. Database information primary point of contact and country educational service providers on each student will include: His/her intermediary with the U.S. Embassies are schools, NGOs or other educational name, age, grade in school, contact and students involved in the Program. providers selected by U.S. Embassies to information, nationality, gender, test II. Award Information enroll the microscholarship students. scores, hours of instruction received, Type of Award: Cooperative The amounts to be disbursed, as well as educational institution/in-country the in-country educational service Agreement. ECA’s level of involvement educational service provider, cost per in this Program is listed under number providers, are determined by ECA/A/L hour of instruction, date enrolled, date in consultation with U.S. Embassies and I above. graduated, participation in other USG- Fiscal Year Funds: 2006. the State Department’s regional bureaus’ funded programs, etc. Database Public Diplomacy offices. Approximate Total Funding: Pending information on each in-country availability of funds, $8.75 million, $4 Note: Selection of the in-country educational service provider will million from the FY–2006 Exchanges educational service provider(s) in each include: Contact information for the Appropriation and up to $4.75 million country must be approved in writing by both director; name of each teacher from a transfer from the State the U.S. Embassy and ECA/A/L. The employed, his/her educational Department Middle East Partnership Embassy must ensure that the selection background and contact information process is transparent and competitive, Initiative (MEPI). (address, e-mail, etc.); course start and Approximate Number of Awards: detailing in writing to ECA/A/L the steps it end dates; running, quarterly, and has taken to render it such. If the One. cooperative-agreement recipient organization yearly cost totals for program countries, Approximate Average Award: $8.75 also is selected by an Embassy to be an in- in-country educational service million. country educational service provider, strict providers, and courses; etc. The Floor of Award Range: $4 million. internal financial and management database also will include additional Ceiling of Award Range: $8.75 procedures must be established to ensure that information as identified by ECA/A/L, million.

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Anticipated Award Date: Pending experience in conducting international Numbering System (DUNS) number to availability of funds, March 15, 2006. exchanges be limited to $60,000 in apply for a grant or cooperative Anticipated Project Completion Date: Bureau funding. ECA anticipates agreement from the U.S. Government. March 15, 2007. awarding one grant, in an amount up to This number is a nine-digit Additional Information: Pending $8.75 million to support program and identification number, which uniquely successful implementation of this administrative costs required to identifies business entities. Obtaining a Program, and the availability of funds in implement this exchange program. DUNS number is easy and there is no subsequent fiscal years, it is ECA’s Therefore, organizations with less than charge. To obtain a DUNS number, intent to renew this grant/cooperative- four years experience in conducting access http:// agreement for two additional fiscal international exchanges are ineligible to www.dunandbradstreet.com or call 1– years, before openly competing it again. apply under this competition. The 866–705–5711. Please ensure that your Subsequent grants may include Bureau encourages applicants to DUNS number is included in the activities to extend the Program to other provide maximum levels of cost sharing appropriate box of the SF–424 which is countries with young, non-elite students and funding in support of its programs. part of the formal application package. throughout the world. Subsequent IV.3b. All proposals must contain an grants will not include start up costs for IV. Application and Submission executive summary, proposal narrative certain activities described in this RFGP Information and budget. and the Project Objectives, Goals, and Note: Please read the complete Please Refer to the Solicitation Implementation (POGI) as being Federal Register announcement before Package. It contains the mandatory completed in FY06. sending inquiries or submitting Proposal Submission Instructions (PSI) document—and the Project Objectives, III. Eligibility Information proposals. Once the RFGP deadline has passed, Bureau staff may not discuss Goals and Implementation (POGI) III.1. Eligible applicants: Applications this competition with applicants until document—for additional formatting may be submitted by public and private the proposal review process has been and technical requirements. non-profit organizations meeting the completed. IV.3c. An applicant must have provisions described in Internal IV.1 Contact Information to Request nonprofit status with the IRS at the time Revenue Code section 26 U.S.C. an Application Package: Please contact of application. If your organization is a 501(c)(3). the Office of English Language private nonprofit which has not III.2. Cost Sharing or Matching Funds; Programs, ECA/A/L, Room 304, U.S. received a grant or cooperative Minimizing indirect costs: Although Department of State, SA–44, 301 4th agreement from ECA in the past three there is no minimum or maximum Street, SW., Washington, DC 20547, years, or if your organization received percentage required for this (202) 453–8843, fax (202) 453–8854, e- nonprofit status from the IRS within the competition, the Bureau encourages mail: [email protected] to request a past four years, you must submit the applicants to provide maximum levels Solicitation Package. Please refer to the necessary documentation to verify of cost sharing and funding in support Funding Opportunity Number ECA/A/ nonprofit status as directed in the PSI of its programs. We also ask that L–06–02 located at the top of this document. Failure to do so will cause proposals minimize the inclusion of announcement when making your your proposal to be declared technically indirect costs as a component of request. ineligible. institutional cost sharing. The Solicitation Package contains the IV.3d. Please take into consideration When cost sharing is offered, it is Proposal Submission Instruction (PSI) the following information when understood and agreed that the document which consists of required preparing your proposal narrative: applicant must provide the amount of application forms, and standard IV.3d.1 Adherence To All Regulations cost sharing as stipulated in its proposal guidelines for proposal preparation. Governing The J Visa: The Bureau of and later included in an approved grant It also contains the Project Objectives, Educational and Cultural Affairs is agreement. Cost sharing may be in the Goals and Implementation (POGI) placing renewed emphasis on the secure form of allowable direct or indirect document, which provides specific and proper administration of Exchange costs, and, as stated above, the Bureau information, award criteria and budget Visitor (J visa) Programs and adherence encourages proposals that minimize instructions tailored to this competition. by grantees and sponsors to all indirect costs in this calculation. For Please specify Ms. Joe¨lle Uzarski and regulations governing the J visa. accountability, the cooperative- refer to the Funding Opportunity Therefore, proposals should agreement recipient must maintain Number ECA/A/L–06–02 located at the demonstrate the applicant’s capacity to written records to support all costs top of this announcement on all other meet all requirements governing the which are claimed as your contribution, inquiries and correspondence. administration of the Exchange Visitor as well as costs to be paid by the Federal IV.2. To Download a Solicitation Programs as set forth in 22 CFR 62, government. Such records are subject to Package Via Internet: The entire including the oversight of Responsible audit. The basis for determining the Solicitation Package may be Officers and Alternate Responsible value of cash and in-kind contributions downloaded from the Bureau’s Web site Officers, screening and selection of must be in accordance with OMB at http://exchanges.state.gov/education/ program participants, provision of pre- Circular A–110, (Revised), Subpart rfgps/menu.htm. Please read all arrival information and orientation to C.23—Cost Sharing and Matching. In information before downloading. participants, monitoring of participants, the event the cooperative-agreement IV.3. Content and Form of proper maintenance and security of recipient does not provide the minimum Submission: Applicants must follow all forms, record-keeping, reporting and amount of cost sharing as stipulated in instructions in the Solicitation Package. other requirements. The cooperative- the approved budget, ECA’s The original and 15 copies of the agreement recipient will be responsible contribution will be reduced in like application should be sent per the for issuing DS–2019 forms to foreign proportion. instructions under IV.3e. ‘‘Submission participants in this Program traveling to III.3. Other Eligibility Requirements: Dates and Times section’’ below. the United States. Bureau grant guidelines require that IV.3a. You are required to have a Dun A copy of the complete regulations organizations with less than four years and Bradstreet Data Universal governing the administration of

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Exchange Visitor (J) programs is workshops to be conducted under the they relate to the program goals set out available at http://exchanges.state.gov terms of this cooperative-agreement: a in the RFGP (listed here in increasing or from: United States Department of workshop in the U.S. for approximately order of importance): State, Office of Exchange Coordination 12–15 (twelve to fifteen) teachers and 1. Participant satisfaction with the and Designation, ECA/EC/ECD–SA–44, directors of overseas English Access Program and exchange experience. Room 734, 301 4th Street, Microscholarship Program in-country 2. Participant learning, such as SW.,Washington, DC 20547. Telephone: educational service providers to be increased knowledge, aptitude, skills, (202) 203–5029. FAX: (202) 453–8640. selected by ECA/A/L; and a three-week and changed understanding and Please refer to Solicitation Package for workshop in the U.S. for approximately attitude. Learning includes both further information. 20–25 (twenty to twenty-five) English substantive (subject-specific) learning IV.3d.2. Diversity, Freedom and Access Microscholarship Program and mutual understanding. Democracy Guidelines: Pursuant to the students focusing on American culture 3. Participant behavior, concrete Bureau’s authorizing legislation, and the English language. ECA/A/L will actions to apply knowledge in work or programs must maintain a non-political closely supervise the cooperative- community; greater participation and character and should be balanced and agreement recipient’s activities in the responsibility in civic organizations; representative of the diversity of development of these plans and will interpretation and explanation of American political, social, and cultural have final approval authority of same. experiences and new knowledge gained; life. ‘‘Diversity’’ should be interpreted The Bureau expects that the continued contacts between in the broadest sense and encompass cooperative-agreement recipient will participants, community members, and differences including, but not limited to track data regarding microscholarship others. ethnicity, race, gender, religion, recipients and in-country educational 4. Institutional changes, such as geographic location, socio-economic service providers and be able to respond increased collaboration and status, and physical challenges. to key evaluation questions, including partnerships, policy reforms, new Applicants are strongly encouraged to satisfaction with the Program, learning programming, and organizational adhere to the advancement of this as a result of the Program, changes in improvements. principle both in program attitude and behavior as a result of the Please note: Consideration should be administration and in program content. Program, and effects of the Program on given to the appropriate timing of data Please refer to the review criteria under institutions (institutions in which collection for each level of outcome. For the ‘‘Support for Diversity’’ section for participants work or partner example, satisfaction is usually specific suggestions on incorporating institutions). The evaluation plan captured as a short-term outcome, diversity into your proposal. Public Law should include indicators that measure whereas behavior and institutional 104–319 provides that ‘‘in carrying out gains in mutual understanding as well changes are normally considered longer- programs of educational and cultural as substantive knowledge. term outcomes. exchange in countries whose people do Successful monitoring and evaluation Overall, the quality of your not fully enjoy freedom and depend heavily on setting clear goals monitoring and evaluation plan will be democracy,’’ the Bureau ‘‘shall take and outcomes at the outset of a program. judged on how well it (1) specifies appropriate steps to provide Your evaluation plan should include a intended outcomes; (2) gives clear opportunities for participation in such description of your project’s objectives, descriptions of how each outcome will programs to human rights and your anticipated project outcomes, and be measured; (3) identifies when democracy leaders of such countries.’’ how and when you intend to measure particular outcomes will be measured; Public Law 106–113 requires that the these outcomes (performance and (4) provides a clear description of governments of the countries described indicators). The more that outcomes are the data collection strategies for each above do not have inappropriate ‘‘smart’’ (specific, measurable, outcome (i.e., surveys, interviews, or influence in the selection process. attainable, results-oriented, and placed focus groups). (Please note that Proposals should reflect advancement of in a reasonable time frame), the easier evaluation plans that deal only with the these goals in their program contents, to it will be to conduct the evaluation. You first level of outcomes [satisfaction] will the full extent deemed feasible. should also show how your project be deemed less competitive under the IV.3d.3. Program Monitoring and objectives link to the goals of the present evaluation criteria.) Evaluation: Proposals must include a Program described in this RFGP. Grantees will be required to provide plan to monitor and evaluate the Your monitoring and evaluation plan reports analyzing their evaluation project’s success, both as the activities should clearly distinguish between findings to the Bureau in their regular unfold and at the end of the Program. program outputs and outcomes. Outputs program reports. All data collected, The Bureau recommends that your are products and services delivered, including survey responses and contact proposal include a draft survey often stated as an amount. Output information, must be maintained for a questionnaire or other technique plus a information is important to show the minimum of three years and provided to description of a methodology to use to scope or size of project activities, but it the Bureau upon request. link outcomes to original project cannot substitute for information about IV.3d.4. Describe your plans for: i.e. objectives, capturing data regarding progress towards outcomes or the sustainability, overall program hours of instruction, costs per hour of results achieved. Examples of outputs management, staffing, coordination with instruction, student-teacher ratios, include the number of people trained or ECA and U.S. Embassies public affairs teacher qualifications, significant the number of seminars conducted. sections, or any other requirements etc. program enhancements, textbook types, Outcomes, in contrast, represent IV.3e. Please take the following student placement and achievement test specific results a project is intended to information into consideration when scores, impact of American-based achieve and is usually measured as an preparing your budget: curriculum on students’ attitudes and extent of change. Findings on outputs IV.3e.1. Applicants must submit a activities, etc. and outcomes should both be reported, comprehensive budget for the entire The Bureau specifically recommends but the focus should be on outcomes. Program (not to exceed $8.75 million). that applicants submit a plan and We encourage you to assess the There must be a summary budget as budget for both of the two-week following four levels of outcomes, as well as breakdowns reflecting both

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administrative and program budgets. more than seven days after the deadline Review Criteria Applicants may provide separate sub- will be ineligible for further Technically eligible applications will budgets for each program component, consideration under this competition. be competitively reviewed according to phase, location, or activity to provide Proposals shipped after the established the criteria stated below. These criteria clarification. deadlines are ineligible for are not rank ordered and all carry equal IV.3e.2. Allowable costs for the consideration under this competition. It weight in the proposal evaluation: Program include the following: The is each applicant’s responsibility to 1. Quality of the program idea: Bureau’s goal is to maximize the ensure that each package is marked with Proposals should exhibit originality, number of microscholarships being a legible tracking number and to substance, precision, and relevance to made available and expects that monitor/confirm delivery to ECA via the the Bureau’s mission. approximately 85 (eighty-five) percent Internet. ECA will not notify you upon 2. Program planning: Detailed agenda or more of the funds provided through receipt of application. Delivery of and relevant work plan should this grant will be used for issuance of proposal packages may not be made via demonstrate substantive undertakings microscholarships and for local courier service or in person for this and logistical capacity. Agenda and plan implementation of other mandatory competition. Faxed documents will not should adhere to the Program overview program elements described under be accepted at any time. Only proposals and guidelines described above. section 1 of this RFGP. submitted as stated above will be 3. Ability to achieve Program (1) Administrative costs may include considered. Applications may not be objectives: Objectives should be staff salaries, including staff to carry out submitted electronically at this time. reasonable, feasible, and flexible. develop and maintain the database and Applicants must follow all Proposals should clearly demonstrate plan and conduct the workshop aspects/ instructions in the Solicitation Package. how the institution will meet the elements of the Program, including the Program’s objectives and plan. Program Monitoring and Evaluation in Important note: When preparing your 4. Multiplier effect/impact: Proposed IV.3d.3. of the RFGP. submission please make sure to include programs should strengthen long-term (2) Travel costs should include two one extra copy of the completed SF–424 mutual understanding, including visits by the cooperative-agreement form and place it in an envelope maximum sharing of information and recipient’s project director or addressed to ‘‘ECA/EX/PM’’. establishment of long-term institutional appropriate designee to in-country The original and 15 copies of the and individual linkages. educational service providers in application should be sent to: U.S. 5. Support of Diversity: Proposals ‘‘benchmark’’ countries to monitor the Department of State, SA–44, Bureau of should demonstrate the recipient’s Program, one in the Middle East and Educational and Cultural Affairs, Ref.: commitment to promoting the one in another region, to be determined ECA/A/L–06–02, Program Management, awareness and understanding of and conducted in consultation and ECA/EX/PM, Room 534, 4th Street, SW., diversity. Achievable and relevant coordination with ECA/A/L. Washington, DC 20547. features should be cited in both program (3) The budget for planning, Along with the Project Title, all administration (selection of conducting and funding the two applicants must enter the above participants, program venue and workshops—one for Program Directors Reference Number in Box 11 on the SF– program evaluation) and program and teachers, and the other for Program 424 contained in the mandatory content (orientation and wrap-up students—should include: the Proposal Submission Instructions (PSI) sessions, program meetings, resource participants’ international and domestic of the solicitation document. materials and follow-up activities). transportation, U.S. per diem, space IV.3g. Intergovernmental Review of 6. Institutional Capacity: Proposed rental, workshop materials, etc. For Applications: Executive Order 12372 personnel and institutional resources should be adequate and appropriate to travel budgeting purposes, at least half does not apply to this program. of the participants likely will be from achieve the Program’s goals, and should countries in the State Department’s V. Application Review Information demonstrate an institutional record of successful exchange programs, Bureau of Near Eastern Affairs (NEA). V.1. Review Process Please refer to the Solicitation including responsible fiscal Package for complete budget guidelines The Bureau will review all proposals management and full compliance with and formatting instructions. for technical eligibility. Proposals will all reporting requirements for past IV.3f. Submission Dates and Times: be deemed ineligible if they do not fully Bureau grants as determined by Bureau Application Deadline Date: January 5, adhere to the guidelines stated herein Grants Staff. The Bureau will consider 2006. and in the Solicitation Package. All the past performance of prior recipients Explanation of Deadlines: eligible proposals will be reviewed by and the demonstrated potential of new Due to heightened security measures, the program office, as well as Public applicants. proposal submissions must be sent via Diplomacy sections overseas, where 7. Project Evaluation: Proposals a nationally recognized overnight appropriate. Eligible proposals will be should include a plan to evaluate the delivery service (i.e., DHL, Federal subject to compliance with Federal and activity’s success, both as the activities Express, UPS, Airborne Express, or U.S. Bureau regulations and guidelines and unfold and at the end of the Program. Postal Service Express Overnight Mail, forwarded to Bureau grant panels for The Bureau recommends that the etc.) and be shipped no later than the advisory review. Proposals may also be proposal include a draft survey above deadline. The delivery services reviewed by the Office of the Legal questionnaire or other technique plus used by applicants must have in-place, Adviser or by other Department description of a methodology to use to centralized shipping identification and elements. Final funding decisions are at link outcomes to original project tracking systems that may be accessed the discretion of the Department of objectives. Award-receiving via the Internet and delivery people State’s Assistant Secretary for organizations/institutions will be who are identifiable by commonly Educational and Cultural Affairs. Final expected to submit intermediate reports recognized uniforms and delivery technical authority for assistance after each project component is vehicles. Proposals shipped on or before awards cooperative agreements resides concluded or quarterly, whichever is the above deadline but received at ECA with the Bureau’s Grants Officer. less frequent.

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8. Cost-effectiveness: The overhead OMB Circular No. A–102, Uniform (2) Name, address, contact and administrative components of the Administrative Requirements for information and biographic sketch of all proposal, including salaries and Grants-in-Aid to State and Local persons who travel internationally on honoraria, should be kept as low as Governments. funds provided by the grant or who possible. OMB Circular No. A–133, Audits of benefit from the grant funding but do 9. Cost sharing: Proposals should States, Local Government, and Non- not travel. maximize cost sharing through other profit Organizations. private sector support as well as Please reference the following (3) Itineraries of international and institutional direct funding websites for additional information: domestic travel, providing dates of contributions. The Bureau encourages http://www.whitehouse.gov/omb/grants, travel and cities in which any exchange applicants to provide maximum levels http://exchanges.state.gov/education/ experiences take place. Final schedules of cost sharing and funding in support grantsdiv/terms.htm#articleI. for in-country and U.S. activities must of its programs. We also ask that VI.3. Reporting Requirements: You be received by the ECA Program Officer proposals minimize the inclusion of must provide ECA with a hard copy at least three work days prior to the indirect costs as a component of original, two copies of same, and an official opening of the activity. electronic copy on disc in EXCEL and institutional cost sharing. See also VII. Agency Contacts IV.3e.2 in this RFGP regarding cost WORD formats of the following reports: sharing. Mandatory: For questions about this (1.) A final program and financial 10. Value to U.S.-Partner Country announcement, contact: Ms. Joe¨lle report no more than 90 days after the Relations: Proposed projects should Uzarski, Office of English Language expiration of the award including the receive positive assessments by the U.S. Programs, ECA/A/L, Room 304, ECA/A/ Department of State’s regional public information detailed in VI.3.2 below; (2.) Quarterly program and financial L–06–02, U.S. Department of State, SA– diplomacy and country desks and 44, 301 4th Street, SW., Washington, DC overseas officers of program need, reports in WORD and EXCEL formats 20547, (202) 453–8854, fax (202) 453– potential impact, and significance in the (soft and hard copies) including contact 8858, e-mail: [email protected]. All partner country(ies). information and total dollars awarded to each in-country partner organization, correspondence with the Bureau VI. Award Administration Information hours of student instruction, costs per concerning this RFGP should reference VI.1a. Award Notices: hour of instruction, student-teacher the above title and number ECA/A/L– Final awards cannot be made until ratios, teacher qualifications, significant 06–02 funds have been appropriated by program enhancements, textbook types, Please read the complete Federal Congress, allocated and committed student placement and achievement test Register announcement before sending through internal Bureau procedures. scores, and other data outlined in inquiries or submitting proposals. Once Successful applicants will receive an IV.3d.3. above and VI.4 below. the RFGP deadline has passed, Bureau (3.) A summary report of any Assistance Award Document (AAD) staff may not discuss this competition program-related travel. from the Bureau’s Grants Office. The with applicants until the proposal AAD and the original grant proposal Grantees will be required to provide review process has been completed. with subsequent modifications (if reports analyzing their evaluation applicable) shall be the only binding findings to the Bureau in their regular VIII. Other Information authorizing document between the program reports. (Please refer to IV. recipient and the U.S. Government. The Application and Submission Notice: AAD will be signed by an authorized Instructions (IV.3.d.3) above for Program The terms and conditions published Grants Officer, and mailed to the Monitoring and Evaluation information. in this RFGP are binding and may not recipient’s responsible officer identified All data collected, including survey be modified by any Bureau responses and contact information, must in the application. representative. Explanatory information be maintained for a minimum of three Unsuccessful applicants will receive provided by the Bureau that contradicts years and provided to the Bureau upon notification of the results of the published language will not be binding. application review from the ECA request. All reports must be sent to the ECA Issuance of the RFGP does not program office coordinating this constitute an award commitment on the competition. Grants Officer and ECA Program Officer VI.2 Administrative and National listed in the final assistance award part of the Government. The Bureau Policy Requirements: Terms and document. reserves the right to reduce, revise, or Conditions for the Administration of VI.4. Program Data Requirements: increase proposal budgets in accordance ECA agreements include the following: Organizations awarded grants will be with the needs of the Program and the Office of Management and Budget required to maintain specific data on availability of funds. Awards made will Circular A–122, ‘‘Cost Principles for program participants and activities in a be subject to periodic reporting and Nonprofit Organizations.’’ secure, limited-access, electronically evaluation requirements per section VI.3 Office of Management and Budget accessible database format that can be above. shared with the Bureau as required. At Circular A–21, ‘‘Cost Principles for Dated: November 2, 2005. Educational Institutions.’’ a minimum, the data must include the OMB Circular A–87, ‘‘Cost Principles following: Dina Habib Powell, for State, Local and Indian (1) Name, address, contact Assistant Secretary for Educational and Governments.’’ information, and other data specified by Cultural Affairs, Department of State. OMB Circular No. A–110 (Revised), ECA/A/L for all persons who receive an [FR Doc. 05–22459 Filed 11–10–05; 8:45 am] Uniform Administrative Requirements English Access Microscholarship, to be BILLING CODE 4710–05–P for Grants and Agreements with provided to the cooperative-agreement Institutions of Higher Education, recipient by in-country educational Hospitals, and other Nonprofit service providers. See also specific data Organizations. requirements as outlined in VI.3.2.

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DEPARTMENT OF STATE • Wednesday, November 2 at 7 p.m. DATES: The hearing in Logansport will in Windsor, Ontario, at the Cleary be held on November 13 from 2:30 pm [Public Notice 5224] International Centre, 201 Riverside to 6:30 pm; in Terre Haute on November International Joint Commission Drive West 14 from 5 p.m. to 10 p.m.; in Jasper on • Announcement of Public Meetings Thursday, November 3, at 7 p.m. in November 16 from 6 p.m. to 10 p.m., Cleveland, Ohio, in the Rotunda of City and in South Bend on November 21, Review of the Great Lakes Water Hall, 601 Lakeside Avenue 2005 from 5 p.m. to 10 p.m. To help us Quality Agreement • Tuesday, November 8 at 7 p.m. in prepare for the meeting, all State and The governments of the United States Quebec City, Quebec, at City Hall, 2 rue local government representatives must and Canada have asked the International des Jardins register in order to ensure an Joint Commission (IJC) to consult with • Tuesday, November 8 at 7 p.m. in opportunity to speak at the hearings by the residents of the Great Lakes and St. Midland, Ontario, in the Council November 10, 2005. If anyone needs a Lawrence River basin to find out their Chamber at the Municipal Building, 575 sign language interpreter, please let us views on what needs to be done to Dominion Avenue know as soon as possible. To register or protect water quality in their area, and • Wednesday, November 9 at 7 p.m. to request an interpreter for the on the future of the Great Lakes Water in Toronto, Ontario, at City Hall, 100 hearings, please send an e-mail message Quality Agreement. Queen Street West to [email protected] or call (202) The Great Lakes Water Quality • Thursday, November 10 at 7:30 366–9283 and identify the hearing Agreement between Canada and the p.m. in Rochester, New York, in the City location at which you wish to speak. As United States expresses the commitment Council Chambers at City Hall, 30 announced previously, all written of each country to restore and maintain Church Street comments should be received by the chemical, physical and biological Dated: November 7, 2005. November 30, 2005, to be assured of integrity of the waters of the Great Lakes Elizabeth C. Bourget, consideration. Comments received after basin ecosystem, including the that date will be considered to the Secretary, United States Section, international portion of the St. International Joint Commission, Department extent practicable. Lawrence River. of State. ADDRESSES: The public hearings will be The governments intend to launch a [FR Doc. 05–22542 Filed 11–10–05; 8:45 am] held at the following locations: review of the operation and • McHale Performing Arts Center, BILLING CODE 4710–14–P effectiveness of the Agreement in early Logansport Community High School, 1 2006. The Agreement was first signed in Berry Lane, Logansport, IN 46947. 1972 and last amended in 1987. Phone: 574–753–4116 (http:// The International Joint Commission is DEPARTMENT OF TRANSPORTATION mchalepac.lcsc.k12.in.us) holding 14 public meetings across the • Hulman Center Meeting Room Office of the Secretary Great Lakes and St. Lawrence River Complex, Indiana State University, 200 basin, conducting a Web Dialogue from [OST Docket No. 2005–22114] North Eighth Street, (corner of 9th and November 29 to December 2 and Cherry Street) Terre Haute, IN 47809. accepting written and oral submissions RIN 2105–AD53 Phone: 812–237–3770 (http:// until November 30. For more indstate.edu) information, call toll-free at 1 866 813– Standard Time Zone Boundary in the • Jasper Arts Center, 951 College 0642 or visit http://www.ijc.org/ State of Indiana Avenue, Jasper, IN 47546 (adjacent to glconsultations. AGENCY: Office of the Secretary (OST), Vincennes University, Jasper Campus) • Monday, October 17 at 7 p.m. in the Department of Transportation Phone: 812–482–3070 (http:// Montre´al, Quebec, at City Hall, 275 (DOT). www.jasperindiana.gov) Notre-Dame Street East • Student Activity Center, Indiana ACTION: • Monday, October 24 at 7 p.m. in Notice of public hearings. University, South Bend Campus, 1700 Duluth, Minnesota, at the Central SUMMARY: To gather information Mishawaka Avenue, South Bend, IN Hillside Community Center, 12 East 4th concerning the effects of changing time 46634 Phone: 574–520–4872 (http:// Street www.iusb.edu/maps) • Tuesday, October 25 at 7 p.m. in zone boundaries in Indiana, DOT is FOR FURTHER INFORMATION CONTACT: Thunder Bay, Ontario, at City Hall, 500 holding four public hearings. This Joanne Petrie, Office of the Assistant Donald Street East notice provides the dates, times, General Counsel for Regulation and • Thursday, October 27 at 7 p.m. in locations, and agenda for these public Enforcement, U.S. Department of Sault Ste Marie, Ontario, in the City hearings. The objective of the hearings Transportation, Room 10424, 400 Council Chamber at the Civic Centre, 99 is to provide State and local government Seventh Street, Washington, DC 20590, Foster Drive representatives and the public an • Tuesday, November 1 at 7 p.m. in opportunity to comment on DOT’s [email protected]; (202) 366–9306. Bay City, Michigan, at City Hall, 301 proposal concerning the time zone SUPPLEMENTARY INFORMATION: In a notice Washington Avenue boundary in 18 Indiana counties. To aid published in the Federal Register on • Tuesday, November 1 at 7 p.m. in us in our consideration of whether a October 31, 2005, (70 FR 62288), DOT Green Bay, Wisconsin, at the KI time zone change would be ‘‘for the tentatively proposed to move St. Joseph, Convention Center, 333 Main Street convenience of commerce,’’ which is Starke, Knox, Pike, and Perry Counties • Wednesday, November 2 at 7 p.m. the standard Congress established for from the eastern time zone to the central in Chicago, Illinois, in the Phelps these matters, DOT seeks comments on time zone. DOT also tentatively Auditorium at the Shedd Aquarium, how the time zone change impacts on proposed not to change the time zone 1200 South Lake Shore Drive such things as economic, cultural, boundary for Marshall, Pulaski, Fulton, • Wednesday, November 2 at 3 p.m. social, and civic activities and how time Benton, White, Carroll, Cass, in Detroit, Michigan, at the Detroit zone changes affect businesses, Vermillion, Sullivan, Daviess, Dubois, Regional Chamber of Commerce, One communication, transportation, and Martin, and Lawrence Counties, leaving Woodward Avenue, Suite 1900 education. them in the eastern time zone. The

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notice also announced that DOT rail service in the community to where 14 CFR Part 150. These findings are intended to hold public hearings on its must residents go to obtain these made in recognition of the description proposal. services? of Federal and nonfederal 5. Where is the nearest airport; if it is responsibilities in Senate Report No. Public Hearing a local service airport, to what major 96–52 (1980). On May 14, 2004 the FAA In addition to the opportunity to airport does it carry passengers? determined that the noise exposure provide written comments, DOT is 6. What percentage of residents of the maps submitted by the Lehigh- providing an opportunity for State and community work outside the Northampton Airport Authority under local government representatives and community; where do these residents Part 150 were in compliance with the public to comment on our proposal work? applicable requirements. On October 7, concerning Indiana time zone boundary 7. What are the major elements of the 2005, the FAA approved the Lehigh changes at four public hearings in community’s economy; is the Valley International Airport’s updated Jasper, Logansport, South Bend, and community’s economy improving or noise compatibility program. Most of Terre Haute. These hearings will be declining; what Federal, State, or local the recommendations of the program chaired by a representative of DOT. plans, if any, are there for economic update were approved. One program The DOT representative will describe development in the community? element relating to revised flight the process that DOT uses to set time 8. If residents leave the community procedures for noise abatement was zone boundaries. There will be an for schooling, recreation, health care, or proposed by the airport operator and opportunity for clarifying questions on religious worship, what standard of time was approved in part, as a voluntary her remarks. This will be followed by is observed in the places where they go measure, and disapproved in part. Only presentations by county government for these purposes? one noise abatement element was representatives who have requested an To aid us in our consideration of disapproved for purposes of Part 150 opportunity to speak. If the government whether a time zone change would be pending submission of additional representative is speaking on behalf of ‘‘for the convenience of commerce,’’ we information needed to make an a county that petitioned for a change to ask that all those who speak at the informed analysis. The Lehigh- the county time zone boundary, he or public hearing comment on the impact Northampton Airport Authority has also she has been asked to explain how the on commerce of a change in the time requested under FAR Part 150, section change would be for the convenience of zone and whether and how a new time 150.35(f), that FAA determine that the commerce. After these presentations, zone would improve the convenience of revised five-year forecast condition other State and local government commerce. The comments should NEM submitted with the noise representatives will have an opportunity address the impact on such things as compatibility program and showing to comment, followed by the public. economic, cultural, social, and civic noise contours as a result of the The DOT representative will attempt to activities and how a time zone change implementation of the noise provide an opportunity to speak for all would affect businesses, compatibility program is in compliance those wishing to do so. To accommodate communication, transportation, and with applicable requirements of FAR all interested speakers, the DOT education. The comments should be as Part 150. The FAA announces its representative may have to establish detailed as possible, providing the basis determination that the revised five-year some time limits or other approaches for of the information including factual data forecast condition NEW for the Lehigh comment. For example, the DOT or surveys. Valley International Airport for the year representative may provide an We will consider any other 2008 submitted with the noise opportunity for citizens with like views information that the county or local compatibility program is in compliance to meet and collaborate on providing a officials or the public believe to be with applicable requirements of FAR joint statement. relevant to the proceeding. Part 150 effective October 31, 2005. The The hearings will be informal and documentation that constitutes the Jeffrey A. Rosen, will be tape-recorded for inclusion in revised five-year forecast condition the docket. General Counsel. NEM as defined in §§ 150.7 and [FR Doc. 05–22518 Filed 11–8–05; 11:45am] 150.101(e) of Part 150 includes but is ‘‘For the Convenience of Commerce’’ BILLING CODE 4910–62–P not limited to: Sections 2.2 and 2.3, The principal standard for deciding Figure 3, and Table 3 in the NCP whether to change a time zone is ‘‘for Update, and Figure 11 and Figures 36 the convenience of commerce.’’ This DEPARTMENT OF TRANSPORTATION through 45 in the NEM volume. The term is defined very broadly to include Federal Aviation Administration FAA has determined that this revised consideration of all the impacts upon a five-year forecast condition NEM and community of a change in its time zone. Approval of Noise Compatibility accompanying documentation are in We have requested that counties seeking Program Update for Lehigh Valley compliance with applicable a change address, at a minimum, each International Airport, Allentown, PA requirements. of the following questions in as much DATES: The effective date of the FAA’s AGENCY: Federal Aviation detail as possible. approval of the Lehigh Valley 1. From where do businesses in the Administration (FAA), DOT. International Airport’s noise community get their supplies, and to ACTION: Notice. compatibility program update is October where do they ship their goods or 7, 2005. The effective date of the FAA’s products? SUMMARY: The Federal Aviation determination on the revised five-year 2. From where does the community Administration (FAA) announces its forecast condition NEM is October 31, receive television and radio broadcasts? findings on the noise compatibility 3. Where are the newspapers program submitted by the Lehigh- 2005. published that serve the community? Northampton Airport Authority under FOR FURTHER INFORMATION CONTACT: 4. From where does the community the provisions of 49 U.S.C. (the Aviation Edward S. Gabsewics, CEP, get its bus and passenger rail services; Safety and Noise Abatement Act, Environmental Protection Specialist, if there is no scheduled bus or passenger hereinafter referred to as ‘‘the Act’’) and Federal Aviation Administration,

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Harrisburg Airports District Office, 3905 use and management of the navigable FAA completed its review and Hartzdale Drive, Suite 508, Camp Hill, airspace and air traffic control systems, determined that the procedural and PA 17011, Telephone 717–730–2832. or adversely affecting other powers and substantive requirements of the Act and Documents reflecting this FAA action responsibilities of the Administrator FAR Part 150 have been satisfied. The may be reviewed at this same location. prescribed by law. overall program, therefore, was SUPPLEMENTARY INFORMATION: This Specific limitations with respect to approved by the FAA effective October notice announces that the FAA has FAA’s approval of an airport noise 7, 2005. given its overall approval to the noise compatibility program are delineated in Approval was granted in whole or in compatibility program update for the FAR Part 150, section 150.5. Approval part for nineteen of the twenty proposed Lehigh Valley International Airport, is not a determination concerning the action elements in the noise effective October 7, 2005, and that the acceptability of land uses under Federal, compatibility program update. Three revised five-year forecast condition State, or local law. Approval does not by elements were approved as voluntary NEM for 2008 for this same airport is itself constitute an FAA implementing measures and one was approved in part determined to be in compliance with action. A request for Federal action or as a voluntary measure and disapproved applicable requirement of FAR Part 150. approval to implement specific noise in part. Only one element was A. Under section 47504 of the Act, an compatibility measures may be disapproved for Part 150 purposes. airport operator who has previously required, and an FAA decision on the Noise abatement element 2 submitted a noise exposure map may request may require an environmental (recommending an amendment to the assessment of the proposed action. submit to the FAA a noise compatibility existing FAA-approved voluntary NCP Approval does not constitute a program which sets forth the measures measure which calls for the ATCT to commitment by the FAA to financially taken or proposed by the airport assign Runway 31 departures a turn to assist in the implementation of the operator for the reduction of existing a 360 degree heading as soon as program nor a determination that all non-compatible land uses and practical) was disapproved in part based measures covered by the program are prevention of additional non-compatible on concerns voiced by the ATCT. Noise eligible for grant-in-aid funding from the land uses within the area covered by the abatement element 5 was disapproved FAA. Where Federal funding is sought, noise exposure maps. The Act requires for purposes of Part 150 pending requests for project grants must be such programs to be developed in submission of additional information to submitted to the FAA Airports District consultation with interested and make an informed analysis about its Office in Camp Hill, Pennsylvania. noise benefits. affected parties including local In December 2003, the Lehigh- communities, government agencies, Northampton Airport Authority These determinations are set forth in airport users, and FAA personnel. submitted its updated noise exposure detail in a Record of Approval signed by Each airport noise compatibility maps to the FAA along with the Associate Administrator for Airports program developed in accordance with descriptions and other documentation on October 7, 2005. The Record of Federal Aviation Regulations (FAR) Part produced during the noise compatibility Approval, as well as other evaluation 150 is a local program, not a Federal planning study initiated in 2002. The materials and the documents program. The FAA does not substitute Lehigh Valley International Airport’s comprising the submittal, are available its judgment for that of the airport updated noise exposure maps were for review at the FAA office listed above proprietor with respect to which determined by FAA to be in compliance and at the administrative offices of the measures should be recommended for with applicable requirements on May Lehigh-Northampton Airport Authority. action. The FAA’s approval or 14, 2004. Notice of this determination The Record of Approval also will be disapproval of FAR Part 150 program was published in the Federal Register available on-line at http://www.faa.gov/ recommendations is measured on May 28, 2004. arp/environmental/14cfr150/ according to the standards expressed in The Lehigh Valley International index14.cfm. Part 150 and the Act and is limited to Airport study contains a proposed noise B. The FAA also has completed its the following determinations: compatibility program update review of the revised five-year forecast 1. The noise compatibility program comprised of actions designed for condition NEM and related descriptions was developed in accordance with the phased implementation by airport submitted by Lehigh-Northampton provisions and procedures of FAR Part management and adjacent jurisdictions Airport Authority. The specific map 150; from 2005 to 2008. It was requested that under consideration is included in the 2. Program measures are reasonably the FAA evaluate and approve this NCP Update submission as Figure 3. consistent with achieving the goals of material as a noise compatibility This map is supported by Sections 2.2 reducing existing non-compatible land program as described in section 47504 and 2.3, Figure 3, and Table 3 in the uses around the airport and preventing of the Act. The FAA began its review of NCP Update, and Figure 11 and Figures the introduction of additional non- the program on April 12, 2005 and was 36 through 45 in the NEM volume. The compatible land uses; required by a provision of the Act to FAA has determined that this revised 3. Program measures would not create approve or disapprove the program five-year forecast condition NEM map an undue burden on interstate or foreign within 180 days (other than the use of for the Lehigh Valley International commerce, unjustly discriminate against new or modified flight procedures for Airport is in compliance with types or classes of aeronautical uses, noise control). Failure to approve or applicable requirements. This violate the terms of airport grant disapprove such program within the determination is effective on October agreements, or intrude into areas 180-day period shall be deemed to be an 31, 2005. FAA’s determination on an preempted by the Federal Government; approval of such program. airport operator’s noise exposure maps and The submitted noise compatibility is limited to a finding that the maps 4. Program measures relating to the program update contained twenty were developed in accordance with the use of flight procedures can be proposed actions for noise mitigation procedures contained in Appendix A of implemented within the period covered (six noise abatement elements, five FAR Part 150. Such determination does by the program without derogating lands use elements, and nine not constitute approval of the safety, adversely affecting the efficient implementation program elements). The applicant’s data, information or plans.

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If questions arise concerning the DEPARTMENT OF TRANSPORTATION operations, and the ways in which such precise relationship of specific operations will affect such maps. The properties to noise exposure contours Federal Aviation Administration Act requires such maps to be developed depicted on a noise exposure map in consultation with interested and Noise Exposure Map Notice; Receipt of affected parties in the local community, submitted under section 47503 of the Noise Compatibility Program and Act, it should be noted that the FAA is government agencies, and persons using Request for Review; Collin County the airport. not involved in any way in determining Regional Airport, McKinney, TX the relative locations of specific An airport operator who has submitted noise exposure maps that are properties with regard to the depicted AGENCY: Federal Aviation found by FAA to be in compliance with noise contours, or in interpreting the Administration, DOT. the requirements of Federal Aviation ACTION: Notice. noise exposure maps to resolve Regulations (FAR) Part 150, questions concerning, for example, SUMMARY: The Federal Aviation promulgated pursuant to the Act, may which properties should be covered by Administration (FAA) announces its submit a noise compatibility program the provisions of section 47506 of the determination that the noise exposure for FAA approval which sets forth the Act. These functions are inseparable maps submitted by the city of measures the operator has taken or from the ultimate land use control and McKinney, Texas for Collin County proposes to take to reduce existing non- planning responsibilities of local Regional Airport under the provisions of compatible uses and prevent the government. These local responsibilities 49 U.S.C. 47501 et seq. (Aviation Safety introduction of additional non- are not changed in any way under Part and Noise Abatement Act) and 14 CFR compatible uses. 150 or through FAA’s review of noise Part 150 are in compliance with City of McKinney, Texas submitted to exposure maps. Therefore, the applicable requirements. The FAA also the FAA on October 3, 2005, noise responsibility for the detailed announces that it is reviewing a exposure maps, descriptions and other overlaying of noise exposure contours proposed noise compatibility program documentation that were produced onto the map depicting properties on that was submitted for Collin County during the Collin County Regional the surface rests exclusively with the Regional Airport under Part 150 in Airport, 14 CFR Part 150 Study, April, airport operator that submitted those conjunction with the noise exposure 2003 to October, 2005. It was requested that the FAA review this material as the maps, or with those public agencies and map, and that this program will be noise exposure maps, as described in planning agencies with which approved or disapproved on or before section 47503 of the Act, and that the consultation is required under section April 30, 2006. DATES: The effective date of the FAA’s noise mitigation measures, to be 47503 of the Act. The FAA has relied on implemented jointly by the airport and the certification by the airport operator, determination on the noise exposure maps and start of its review of the surrounding communities, be approved under section 150.21 of FAR Part 150, as a noise compatibility program under that the statutorily required consultation associated noise compatibility program is November 1, 2005. The public section 47504 of the Act. has been accomplished. comment period ends December 31, The FAA has completed its review of Copies of the revised five-year 2005. the noise exposure maps and related forecast condition NEM and of the descriptions submitted by the city of FOR FURTHER INFORMATION CONTACT: Paul FAA’s evaluation of the revised NEM, McKinney, Texas. The specific Blackford, Texas Airports Development documentation determined to constitute and copies of the record of approval and Office, Federal Aviation Administration, other evaluation materials and the noise exposure maps includes: Map 2601 Meachum Blvd., Fort Worth, Texas A–2005 Noise Exposure Map, Map B– documents which comprised the 76137–4298, (817) 222–5607. Comments 2011 Noise Exposure Map, Map C–2005 submittal to the FAA are available for on the proposed noise compatibility and 2011 North Flow Centerline of examination at the following locations: program should also be submitted to the Flight Corridors, Map D–2005 and 2011 Federal Aviation Administration above office. South Flow Centerline of Flight Harrisburg Airports District Office, 3905 SUPPLEMENTARY INFORMATION: This Corridors, Section 5–Airport Hartzdale Drive, Suite 508, Camp Hill, notice announces that the FAA finds Operational Data, and Section 6—Noise PA 17011 and Lehigh-Northampton that the noise exposure maps submitted Exposure. The FAA has determined that Airport Authority, 3311 Airport Road, for Collin County Regional Airport are these maps for Collin County Regional Allentown, PA 18109. in compliance with applicable Airport are in compliance with requirements of Part 150, effective applicable requirements. This Questions on either of these FAA November 1, 2005. Further, FAA is determination is effective on November determinations may be directed to the reviewing a proposed noise 1, 2005. FAA’s determination on an individual named above under the compatibility program for that airport airport operator’s noise exposure maps heading FOR FURTHER INFORMATION which will be approved or disapproved is limited to a finding that the maps CONTACT. on or before April 30, 2006. This notice were developed in accordance with the Dated: Issued in Camp Hill, Pennsylvania, also announces the availability of this procedures contained in appendix A of October 31, 2005. program for public review and FAR Part 150. Such determination does Wayne T. Heibeck, comment. not constitute approval of the Under 49 U.S.C. 47503 (the Aviation Manager, Harrisburg Airports District Office. applicant’s data, information or plans, Safety and Noise Abatement Act, or constitute a commitment to approve [FR Doc. 05–22492 Filed 11–10–05; 8:45 am] hereinafter referred to as ‘‘the Act’’), an a noise compatibility program or to fund BILLING CODE 4910–13–M airport operator may submit to the FAA the implementation of that program. noise exposure maps which meet If questions arise concerning the applicable regulations and which depict precise relationship of specific non-compatible land uses as of the date properties to noise exposure contours of submission of such maps, a depicted on a noise exposure map description of projected aircraft submitted under section 47503 of the

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Act, it should be noted that the FAA is 76137. Collin County Regional Airport, Letters describing the proposed action not involved in any way in determining 1500 E. Industrial Blvd., Suite 118, and soliciting comments will be sent to the relative locations of specific McKinney, Texas 75069. appropriate Federal, State, and local properties with regard to the depicted Questions may be directed to the agencies, and to private organizations noise contours, or in interpreting the individual named above under the and citizens who have previously noise exposure maps to resolve heading FOR FURTHER INFORMATION expressed or are known to have interest questions concerning, for example, CONTACT. in this proposal. During future project development, which properties should be covered by Issued in Fort Worth, Texas, November 1, the provisions of section 47506 of the 2005. prior to draft EIS circulation, a public Act. These functions are inseparable scoping meeting may be held if Kelvin L. Solco, from the ultimate land use control and significant new circumstances or planning responsibilities of local Manager, Airports Division. information arise which bear on the government. These local responsibilities [FR Doc. 05–22522 Filed 11–10–05; 8:45 am] proposed project or its impacts. A are not changed in any way under Part BILLING CODE 4910–13–M public hearing will be held after 150 or through FAA’s review of noise publication of the draft EIS. Public exposure maps. Therefore, the notice will be given regarding the time responsibility for the detailed DEPARTMENT OF TRANSPORTATION and place of the hearing. The draft EIS will be available for public and agency overlaying of noise exposure contours Federal Highway Administration onto the map depicting properties on review and comment prior to the public the surface rests exclusively with the Environmental Impact Statement: San hearing. airport operator that submitted those Diego County, CA To ensure that the full range of issues maps, or with those public agencies and related to this proposed action are planning agencies with which AGENCY: Federal Highway addressed and all significant issues consultation is required under section Administration (FHWA), DOT. identified, comments, and suggestions 47503 of the Act. The FAA has relied on ACTION: Notice of Intent. are invited from all interested parties. the certification by the airport operator, Comments or questions concerning this under section 150.21 of FAR Part 150, SUMMARY: The FHWA is issuing this proposed action and the Draft EIS/EIR that the statutorily required consultation notice to advise the public that an should be directed to the FHWA at the has been accomplished. Environmental Impact Statement (EIS) provided above. The FAA has formally received the will be prepared for a proposed highway Issued on: October 19, 2005. noise compatibility program for Collin project in San Diego County, California. Steve Healow, County Regional Airport, also effective FOR FURTHER INFORMATION CONTACT: FHWA Project Development Engineer, on November 1, 2005. Preliminary Steve Healow, Project Development Sacramento, California. review of the submitted material Engineer, Federal Highway [FR Doc. 05–22514 Filed 11–10–05; 8:45 am] indicates that it conforms to the Administration, 650 Capitol Mall, Suite BILLING CODE 4910–22–M requirements for the submittal of noise 4–100, Sacramento, California 95814– compatibility programs, but that further 4708, Telephone: (916) 498–5849, or review will be necessary prior to Jason A. Reynolds, Environmental DEPARTMENT OF TRANSPORTATION approval or disapproval of the program. Analysis–Branch A, at the California The formal review period, limited by Department of Transportation, District Federal Transit Administration law to a maximum of 180 days, will be 11, 2829 Juan Street, MS 46, San Diego, Elderly Individuals and Individuals completed on or before April 30, 2006. California 92110, Telephone: (858) 616– The FAA’s detailed evaluation will be With Disabilities Pilot Program 6609. conducted under the provisions of 14 AGENCY: CFR Part 150, section 150.33. The SUPPLEMENTARY INFORMATION: The Federal Transit Administration primary considerations in the FHWA, in cooperation with the (FTA), DOT. evaluation process are whether the California Department of Transportation ACTION: Notice; Solicitation of Proposals proposed measures may reduce the level will prepare an environmental Impact to Participate in the Elderly Individuals of aviation safety, create an undue Statement (EIS) on a proposed project to and Individuals with Disabilities Pilot burden on interstate or foreign upgrade and improve operations on Program. State Route 76, from the vicinity of commerce, or be reasonably consistent SUMMARY: This solicitation is for Melrose Drive to the vicinity of south with obtaining the goal of reducing proposals from states that would like to Mission Road, in San Diego County, existing non-compatible land uses and use a portion of their Section 5310 California. The proposed improvements preventing the introduction of Elderly Individuals and Individuals additional non-compatible land uses. would address traffic flow and safety with Disabilities Program funds for Interested persons are invited to issues by building additional traffic operating expenses. comment on the proposed program with lanes, upgrade the roadway to current DATES: Complete proposals must be specific reference to these factors. All design standards, and improve submitted to FTA by the close of comments, other than those properly intersections. These improvements are business December 14, 2005. addressed to local land use authorities, considered necessary to provide for the will be considered by the FAA to the increase in existing and projected traffic ADDRESSES: Proposals must be extent practicable. Copies of the noise demand. Preliminary alternatives under submitted electronically to exposure maps, the FAA’s evaluation of consideration include: (1) Taking no [email protected] and the maps, and the proposed noise action; (2) construct improvements [email protected]. compatibility program are available for along the existing roadway; (3) construct The subject line of the e-mail should examination at the following locations: a new alignment to the south; (4) read: Proposal for Section 5310 Pilot Federal Aviation Administration, construct a split facility utilizing the Program. Texas Airports Development Office, existing roadway and the proposed FOR FURTHER INFORMATION: Contact 2601 Meacham Blvd., Fort Worth, Texas Southern route. Cheryl Oliver, Office of Program

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Management, (202) 366–2053, e-mail: 33 percent of their Section 5310 funds steps for future coordination of human [email protected]. for operating must submit a proposal. service transportation issues. • Developed a statewide regionalized SUPPLEMENTARY INFORMATION: Any of the states named in the legislation that choose to use none of coordination system. • Table of Contents their Section 5310 funds for operating Replicated a successful model in purposes need only submit a statement one or more communities across the I. General Program Information state (i.e., transit pass program; II. Guidelines for Preparing and Submitting to that effect by the proposal deadline. volunteer driver; travel training; etc.). Proposals D. Eligible Expenses • III. Proposal Review, Selection, and Integrated technology to address the Notification Operating expenses are considered needs of coordination on human service those costs directly related to system transportation, including real time I. General Program Information operations, such as fuel, oil, driver and eligibility, accountability, billing, and reporting. A. Authority dispatcher salaries and fringe benefits, • and licenses. Net operating expenses are Developed and tested a mobility The Elderly Individuals and management strategy. Individuals with Disabilities Pilot those expenses that remain after Program is authorized under Section operating revenues are subtracted from G. Program Requirements 3012(b) of the Safe, Accountable, eligible operating expenses. At a Grants made for projects that include Flexible, and Efficient Transportation minimum, operating revenues must operating expenses are subject to Equity Act—A Legacy for Users include fare-box revenues. States may Federal requirements that apply to all (SAFETEA–LU). This section further define what constitutes grants made under the Section 5310 establishes a pilot program allowing operating revenues. Fare-box revenues program, including the new requirement seven states to use not more than 33 include fares paid by riders who are that all projects funded under the percent of their FY 2006–2009 Section later reimbursed by a human service program were derived from a locally 5310 Elderly Individuals and agency, or other user-side subsidy developed, coordinated public transit- Individuals with Disabilities Program arrangements. human services transportation plan; and annual apportionments for operating E. Matching Requirements the plan was developed through a costs associated with transportation process that included representatives of The Federal share for net operating projects planned, designed, and carried public, private, and nonprofit expenses may not exceed 50 percent. out to meet the special needs of elderly transportation and human services All local and state revenues generally individuals and individuals with providers with participation by the are eligible for inclusion in the local disabilities. Four of the seven states are public. This planning requirement is not match with the exception of farebox and named in SAFETEA–LU: Wisconsin, in effect for the Section 5310 Elderly farebox-related revenues. Federal funds Alaska, Minnesota, and Oregon. Three Individuals and Individuals with (other than Department of other states will be selected to Disabilities Program until FY 2007. Transportation funds, with the participate in the pilot program from SAFETEA–LU includes this provision exception of Federal lands highway among the proposals submitted in under Section 3012(b) as well, but does funds) that are eligible to be expended response to this solicitation. All states not specify the year in which this for transportation may be used to match wishing to use not more than 33 percent requirement goes into effect for the Section 5310 funds. Payments made of their annual Section 5310 Elderly Individuals and Individuals directly to the transit provider by apportionments, including those states with Disabilities Pilot Program. human service agencies may also be named in the legislation, must submit a Applicants for Section 5310 pilot used as match. proposal. program funds must therefore meet the F. Proposal Evaluation Criteria requirement in FY 2006. In FY 2006, B. Background applicants can meet the requirement by Section 5310 Elderly Individuals and Proposals from the states identified in certifying that projects funded that Individuals with Disabilities Program SAFETEA-LU (Wisconsin, Alaska, include operating expenses were the funds have historically been available Minnesota, and Oregon), as well as all result of a consultative process that only for capital purposes. Funds have other states interested in using not more included public participation. In the traditionally been used for purchasing than 33 percent or less of their funds for coming months, FTA will provide vehicles, although some states use operating expenses, will be evaluated on further guidance on the local planning Section 5310 funds for contracted the degree to which the state has process required under the Section 5310 service, eligible as a capital expense undertaken initiatives that advance Elderly Individuals and Individuals under the program in order to assess the coordination, such as: with Disabilities Program and the • feasibility of using Section 5310 for Conducted a statewide assessment Elderly Individuals and Individuals operating purposes. The Elderly of current needs, resources and services with Disabilities Pilot Program in FY Individuals and Individuals with related to human service transportation 2007. Disabilities Pilot Program allows using the United We Ride Framework Successful applicants allowed to operating expenses to be funded on a for Action. using a portion of their Section 5310 • limited basis. Seven states may use a Developed action plans that funds for operating expenses will be portion of their FY 2006–2009 Section improve coordination of human service expected to collect data necessary to 5310 annual apportionments for transportation for individuals with support the report to Congress that FTA operating expenses. disabilities, older adults, and persons must submit within two years of with lower incomes. enactment of SAFETEA–LU. FTA will C. Eligible Applicants • Implemented a statewide issue more guidance in the coming Each of the four states named in interagency transit pass program. months on the types of data to be SAFETEA-LU (Wisconsin, Alaska, • Conducted statewide seminars/ collected, as well as the method to be Minnesota, and Oregon) and any other conferences to establish statewide used for transmitting the data to FTA, to states interested in using not more than dialogue that leads to effective action the states participating in the pilot. The

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data will be used to evaluate the degree each year of the authorization period SUMMARY: The Surface Transportation to which funds are used for operating (fiscal years 2006–2009); Board (Board) gives notice that the purposes that: b. Document sources of funds likely to Board has submitted to OMB a request (1) Subsidize existing paratransit be used to match FTA funds used for for review and clearance of the seven service provided to meet the operating purposes; existing collections listed above, in requirements of the Americans with c. Include a narrative portion (not accordance with the Paperwork Disabilities Act of 1990 (ADA); more than 8 pages, double-spaced) that Reduction Act of 1995, 44 U.S.C. 3501 (2) Provide services to persons with addresses the state’s achievements in et seq. (PRA). For the most part, these disabilities that exceed those required advancing coordination of public collections continue current Board by the ADA; transit-human services transportation, reporting requirements without (3) Provide services to individuals as described in paragraph F, Proposal revision. As described below, a minor with disabilities that exceed those Criteria, and how the state expects to revision has been made to Collection required by the ADA to the detriment of further enhance coordinated No.1, Class I Railroad Annual Report. other eligible projects; transportation services as a result of OMB control numbers were obtained in (4) Assist elderly individuals; using some of their Section 5310 funds the past, but have expired, for six of the (5) Assist persons with disabilities; for operating expenses. seven information collections that are (6) Serve a wider range of elderly the subject of this request. The Board individuals, individuals with low- III. Proposal Review, Selection, and previously published a notice about incomes, and individuals with Notification these collections in the Federal Register disabilities; on May 19, 2005 at 70 FR 28979. That (7) Improve services to elderly FTA will evaluate proposals based on notice allowed for a 60-day public individuals and individuals with the degree to which a state has review and comment period. No disabilities; advanced coordination of public transit- comments were received. (8) Expand the range of transportation human services transportation and the alternatives available to elderly degree to which they believe using a The purpose of the current notice is individuals and individuals with portion of their Section 5310 funds for to allow an additional 30 days for public disabilities; and operating expenses will further enhance comment to satisfy the requirements of (9) Facilitate or discourage coordination efforts. the PRA, 44 U.S.C. 3507(b). Comments coordination with or integration of other FTA expects to announce states are requested concerning each funding sources. selected to participate in the pilot collection as to (1) whether the program in the Federal Register Notice particular collection of information II. Guidelines for Preparing and of FTA Fiscal Year 2006 described below is necessary for the Submitting Proposals Apportionments, Allocations, and proper performance of the functions of FTA is conducting a national Program Information, or in a subsequent the Board, including whether the solicitation for proposals from states notice. The seven states selected will be collection has practical utility; (2) the wishing to participate in the Elderly eligible to participate in the pilot accuracy of the Board’s burden Individuals and Individuals with program through FY 2009. estimates; (3) ways to enhance the Disabilities Pilot Program. FTA will Issued on: November 7, 2005. quality, utility, and clarity of the grant authority for three states, in Jennifer L. Dorn, information collected; and (4) ways to addition to those named in SAFETEA- Administrator. minimize the burden of the collection of LU, to use not more than 33 percent of [FR Doc. 05–22524 Filed 11–10–05; 8:45 am] information on the respondents, their annual Section 5310 including the use of automated apportionment for operating expenses BILLING CODE 4910–57–P collection techniques or other forms of related to the program in FY 2006 information technology, when through FY 2009. States will be selected DEPARTMENT OF TRANSPORTATION appropriate. Submitted comments will to participate on a competitive basis. be considered by OMB prior to approval Proposals should be submitted Surface Transportation Board of the proposed collection. electronically to: [email protected] and Agency Information Collection DATES: Written comments are due by [email protected]. Activities; Proposals, Submissions, December 15, 2005. Proposals must be received by FTA no and Approvals ADDRESSES: Written comments should later than December 14, 2005. The state be identified as ‘‘Paperwork Reduction agency designated by the Governor to AGENCY: Surface Transportation Board. Act Comments, Surface Transportation administer the Section 5310 program ACTION: 30-day notice that seven Board, and should refer to the title of will submit a proposal that includes: existing collections from Class I the specific collection(s) commented 1. Applicant Information Railroads are under review by the Office upon. These comments should be of Management and Budget (OMB), and directed to the Office of Management Basic identifying information, request for comments: Class I Railroad and Budget, Office of Information and including: Annual Report; Quarterly Report of Regulatory Affairs, Attention: Surface a. Agency Revenues, Expenses, and Income— Transportation Board Desk Officer, b. Contact information for notification Railroads; Quarterly Condensed Balance Room 10235, 725 17th Street, NW., of project selection: Contact name, Sheet—Railroads; Report of Railroad Washington, DC 20503. address, fax and phone number Employees, Service, and Compensation; FOR FURTHER INFORMATION CONTACT: For Monthly Report of Number of 2. Project Information additional information or copies of the Employees of Class I Railroads; Annual information collection(s) contact Scott Every application must: Report of Cars Loaded and Cars a. Provide the proportion of funds that Decker, (202) 565–1531. [Federal Terminated; and Quarterly Report of the state intends to use for operating Information Relay Service (FIRS) for the Freight Commodity Statistics. expenses (not more than 33 percent) for hearing impaired: (800) 877–8339.]

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Subjects: In this notice the Board is administrative expenses. Operating associated with this collection have requesting comments on the following statistics include such items as car- been identified. information collections: miles, revenue ton-miles, and gross ton- Needs and Uses: This collection is a miles. The reports are used by the report of railroad operating revenues, Collection Number 1 Board, other Federal agencies, and operating expenses and income items; it Title: Class I Railroad Annual Report. industry groups to monitor and assess is a profit and loss statement, disclosing OMB Control Number: 2140–0009. railroad industry growth, financial net railway operating income on a Form Number: R1. stability, traffic, and operations, and to quarterly and year-to-date basis for the Type of Review: Reinstatement, with identify industry changes that may current and prior years. See 49 CFR change, of a previously approved affect national transportation policy. 1243.1. The Board uses the information collection for which OMB control Information from this report is also in this report to ensure competitive, number has expired. entered into the Board’s Uniform Rail efficient, and safe transportation Respondents: Class I railroads. Costing System (URCS), which is a cost through general oversight programs that Number of Respondents: Fewer than measurement methodology. URCS, monitor and forecast the financial and 10. which was developed by the Board operating condition of railroads, and Revision: Schedule 755 of the Surface pursuant to 49 U.S.C. 11161, is used as through regulation of railroad rate and Transportation Board’s Class I Railroad a tool in rail rate proceedings, in service issues and rail restructuring Annual Report (ACAA–R1) is being accordance with 49 U.S.C. 10707(d), to proposals, including railroad mergers, modified to include reporting of TOFC/ calculate the variable costs associated consolidations, acquisitions of control, COFC intermodal load factors. The new with providing a particular service. The and abandonments. Information from item is required to support the more Board also uses this information to more these reports is used by the Board, other accurate calculation of intermodal effectively carry out other of its Federal agencies, and industry groups to shipment costs. These cost estimates are regulatory responsibilities, including: monitor and assess industry growth and used by the Surface Transportation Acting on railroad requests for authority operations, detect changes in carrier Board when making determinations of to engage in Board-regulated financial financial stability, and identify trends market dominance in rail rate transactions such as mergers, that may affect the national proceedings and when evaluating acquisitions of control, and transportation system. Information from evidence submitted by parties in those consolidations, see 49 U.S.C. 11323– these reports is compiled by the Board proceedings. See 49 U.S.C. 10707. The 11324; analyzing the information that and published on its Web site, http:// collection of this information is the Board obtains through the annual www.stb.dot.gov. The information authorized by section 11145 of the ICC railroad industry waybill sample, see 49 contained in these reports is not Termination Act of 1995, Public Law CFR 1244; measuring off-branch costs in available from any other source. 104–88, 109 Stat. 803 (1995), and railroad abandonment proceedings, in codified at 49 U.S.C. 11145. Collection Number 3 Estimated Time Per Response: 800 accordance with 49 CFR 1152.32(n); developing rail cost adjustment factors, Title: Quarterly Condensed Balance hours, based on information provided Sheet—Railroads (Form CBS). by the railroad industry during the in accordance with 49 U.S.C. 10708; and conducting investigations and OMB Control Number: 2140–ll 1990’s. This estimate includes time (prior number under ICC: 3120–0063). spent reviewing instructions; searching rulemakings. Information from certain schedules Form Number: None. existing data sources; gathering and Type of Review: Reinstatement, maintaining the data needed; contained in these reports is compiled and published on the Board’s Web site, without change, of a previously completing and reviewing the collection approved collection for which OMB of information; and converting the data http://www.stb.dot.gov. Information in these reports is not available from any control number has expired. from the carrier’s individual accounting Respondents: Class I railroads. system to the Board’s Uniform System other source. Number of Respondents: Fewer than of Accounts (USOA), which ensures that Collection Number 2 10. the information will be presented in a Estimated Time per Response: 6 Title: Quarterly Report of Revenues, consistent format across all reporting hours. Expenses, and Income—Railroads (Form railroads, see 49 U.S.C. 11141–43, Frequency of Response: Quarterly. RE&I). 11161–64, 49 CFR 1200–1201. It is Total Annual Hour Burden: 168 hours ll possible that the time required to OMB Control Number: 2140– annually. produce this report is overstated, given (prior number under the Interstate Total Annual ‘‘Non-Hour Burden’’ the advances made in computerized Commerce Commission (ICC): 3120– Cost: No ‘‘non-hour cost’’ burdens data collection and processing systems. 0027). associated with this collection have Frequency of Response: Annual. Form Number: None. been identified. Total Annual Hour Burden: 5,600 Type of Review: Reinstatement, Needs and Uses: This collection hours annually. without change, of a previously shows the balance, quarterly and Total Annual ‘‘Non-Hour Burden’’ approved collection for which OMB cumulative for the current and prior Cost: No ‘‘non-hour cost’’ burdens control number has expired. year, of the carrier’s assets and associated with this collection have Respondents: Class I railroads. liabilities, gross capital expenditures, been identified. Number of Respondents: Fewer than and revenue tons carried. See 49 CFR Needs and Uses: Annual reports are 10. 1243.2. The Board uses the information required to be filed by Class I railroads Estimated Time per Response: 6 in this report to ensure competitive, under 49 U.S.C. 11145. The reports hours. efficient, and safe transportation show operating expenses and operating Frequency of Response: Quarterly. through general oversight programs that statistics of the carriers. Operating Total Annual Hour Burden: 168 hours monitor and forecast the financial and expenses include costs for right-of-way annually. operating condition of railroads, and and structures, equipment, train and Total Annual ‘‘Non Hour Burden’’ through specific regulation of railroad yard operations, and general and Cost: No ‘‘non-hour cost’’ burdens rate and service issues and rail

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restructuring proposals, including to monitor railroad operations. Certain Frequency of Response: Annual. railroad mergers, consolidations, information from these reports is Total Annual Hour Burden: 28 hours acquisitions of control, and compiled and published on the Board’s annually. abandonments. Information from these Web site, http://www.stb.dot.gov. The Total Annual ‘‘Non Hour Burden’’ reports is used by the Board, other information contained in these reports Cost: No ‘‘non-hour cost’’ burdens Federal agencies, and industry groups to is not available from any other source. associated with this collection have assess industry growth and operations, been identified. Collection Number 5 detect changes in carrier financial Needs and Uses: This collection stability, and identify trends that may Title: Monthly Report of Number of reports the number of cars loaded and affect the national transportation Employees of Class I Railroads (Wage cars terminated on the reporting system. Information from these reports Form C). carrier’s line. See 49 CFR 1247. is compiled by the Board and published OMB Control Number: 2140–ll Information in this report is entered into on its Web site, http://www.stb.dot.gov. (prior number under ICC: 3120–0133). the Board’s URCS, the uses of which are The information contained in these Form Number: STB Form 350. explained under Collection Number 1. reports is not available from any other Type of Review: Reinstatement, This collection was authorized in source. without change, of a previously Modification of Class I Reporting approved collection for which OMB Regulations, STB Ex Parte No. 583 (STB Collection Number 4 control number has expired. served Jan. 5, 2001); 66 FR 1051–01 OMB Control Number: 2140–ll Respondents: Class I railroads. (2001). There is no other source for the (prior number under ICC: 3120–0074). Number of Respondents: Fewer than information contained in this report. Title: Report of Railroad Employees, 10. Service and Compensation (Wage Forms Estimated Time per Response: 1.25 Collection Number 7 A and B.) hours. OMB Control Number: 2140–0001. Form Number: None. Frequency of Response: Monthly. Title: Quarterly Report of Freight Type of Review: Reinstatement, Total Annual Hour Burden: 105 hours Commodity Statistics (Form QCS). without change, of a previously annually. Form Number: None. approved collection for which OMB Total Annual ‘‘Non-Hour Burden’’ Type of Review: Reinstatement, control number has expired. Cost: No ‘‘non-hour cost’’ burdens without change, of a previously Respondents: Class I railroads. associated with this collection have approved collection for which OMB Number of Respondents: Fewer than been identified. control number has expired. 10. Needs and Uses: This collection Respondents: Class I railroads. Estimated Time per Response: 30 shows, for each reporting carrier, the Number of Respondents: Fewer than hours per quarterly report and 40 hours average number of employees at mid- 10. per annual summation, based on month in the six job classification Estimated Time per Response: 217 information provided by the railroad groups that encompass all railroad hours. industry during the 1990’s. It is possible employees. See 49 CFR 1246. The Frequency of Response: Quarterly, that the time required to collect this information is used by the Board to with an annual summation. information is overstated given the forecast labor costs and measure the Total Annual Hour Burden: 6,076 advances made in computerized data efficiency of the reporting railroads. The hours annually. collection and processing systems. information is also used by the Board to Total Annual ‘‘Non-Hour Burden’’ Frequency of Response: Quarterly, evaluate the impact on rail employees of Cost: No ‘‘non-hour cost’’ burdens with an annual summation. proposed regulated transactions, associated with this collection have Total Annual Hour Burden: 1120 including mergers and consolidations, been identified. Needs and Uses: This collection, hours annually. acquisitions of control, purchases, and which is based on information Total Annual ‘‘Non-Hour Burden’’ abandonments. Other Federal agencies contained in waybills used by railroads Cost: No ‘‘non-hour cost’’ burdens and industry groups, including the in the ordinary course of business, associated with this collection have Railroad Retirement Board, Bureau of reports car loadings and total revenues been identified. Labor Statistics, and Association of by commodity code for each commodity Needs and Uses: This collection American Railroads, use the information that moved on the railroad during the shows the number of employees, service contained in these reports to monitor reporting period. See 49 CFR 1248. hours, and compensation, by employee railroad operations. Certain information Information in this report is entered into group (e.g., executive, professional, from these reports is compiled and the Board’s URCS, the uses of which are maintenance-of-way and equipment, published on the Board’s Web site, explained under Collection Number 1. and transportation), of the reporting http://www.stb.dot.gov. The information There is no other source for the railroads. See 49 CFR 1245. The contained in these reports is not information contained in this report. information is used by the Board to available from any other source. forecast labor costs and measure the SUPPLEMENTARY INFORMATION: Under the efficiency of the reporting railroads. The Collection Number 6 PRA, a Federal agency conducting or information is also used by the Board to Title: Annual Report of Cars Loaded sponsoring a collection of information evaluate proposed regulated and Cars Terminated. must display a currently valid OMB transactions that may impact rail OMB Control Number: 2140–ll. control number. A collection of employees, including mergers and Form Number: Form STB–54. information, which is defined in 44 consolidations, acquisitions of control, Type of Review: Existing collection in U.S.C. 3502(3) and 5 CFR 1320.3(c), purchases, and abandonments. Other use without an OMB control number. includes agency requirements that Federal agencies and industry groups, Respondents: Class I railroads. persons submit reports, keep records, or including the Railroad Retirement Number of Respondents: Fewer than provide information to the agency, third Board, Bureau of Labor Statistics, and 10. parties, or the public. Section 3507(b) of Association of American Railroads, use Estimated Time per Response: 4 the PRA requires, concurrent with an the information contained in the reports hours. agency’s submitting a collection to OMB

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for approval, a 30-day notice and MATTERS TO BE CONSIDERED: STB Company—Acquisition and Operation comment period through publication in Finance Docket No. 34738, Paducah & Exemption—Rail Lines of CSX the Federal Register concerning each Louisville Railway, Inc.—Acquisition— Transportation, Inc. proposed collection of information, CSX Transportation, Inc. STB Ex Parte No. 552 (Sub-No. 9), including each proposed extension of an Embraced Case: STB Finance Docket Railroad Revenue Adequacy—2004 existing collection of information. No. 34738 (Sub-No. 1), Evansville Determination. Dated: November 8, 2005. Western Railway, Inc.—Acquisition and STB Finance Docket No. 34337, Vernon A. Williams, Operation Exemption—Paducah & Michael H. Meyer, Trustee in Louisville Railway, Inc. Bankruptcy for California Western Secretary. Embraced Case: STB Finance Docket Railroad, Inc. v. North Coast Railroad [FR Doc. 05–22540 Filed 11–10–05; 8:45 am] No. 34738 (Sub-No. 2), Four Rivers Authority, d/b/a Northwestern Pacific BILLING CODE 4915–01–P Transportation, Inc. and Paducah & Railroad. Louisville Railway, Inc.—Continuance STB Docket No. AB–862X, Twin State in Control Exemption—Evansville DEPARTMENT OF TRANSPORTATION Railroad Company—Abandonment Western Railway, Inc. Exemption—in Caledonia and Essex Surface Transportation Board STB Finance Docket No. 28676 (Sub- Counties, VT. No. 5), Grand Trunk Western Railroad— STB Docket No. AB–878, City of [Ex Parte No. 333] Control—Detroit, Toledo and Ironton Peoria and the Village of Peoria Heights, Railroad Company and Detroit and IL—Adverse Discontinuance—Pioneer Sunshine Act Meeting Toledo Shore Line Railroad Company Industrial Railway Company. (Arbitration Review). CONTACT PERSON FOR MORE INFORMATION: TIME AND DATE: 2 p.m., November 16, STB Finance Docket No. 34747, 2005. A. Dennis Watson, Office of Central Puget Sound Regional Transit Congressional and Public Services, PLACE: The Board’s Hearing Room, Authority—Acquisition Exemption— Telephone: (202) 565–1596 FIRS: 1– Surface Transportation Board, 1925 K BNSF Railway Company. 800–877–8339. Street, NW., Washington, DC 20423. STB Finance Docket No. 34734, Dated: November 9, 2005. STATUS: The Board will meet to discuss Northeast Interchange Railway, LLC— among themselves the following agenda Lease And Operation Exemption—Line Vernon A. Williams, items. Although the conference is open in Croton-on-Hudson, NY. Secretary. for public observation, no public STB Finance Docket No. 34540, The [FR Doc. 05–22656 Filed 11–9–05; 3:53 pm] participation is permitted. Columbus & Ohio River Railroad BILLING CODE 4915–01–P

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Corrections Federal Register Vol. 70, No. 218

Monday, November 14, 2005

This section of the FEDERAL REGISTER Monday, November 7, 2005, make the DEPARTMENT OF JUSTICE contains editorial corrections of previously following corrections: published Presidential, Rule, Proposed Rule, 1. On page 67460, in the first column, Notice of Lodging of Consent Decree and Notice documents. These corrections are Under The Clean Water Act prepared by the Office of the Federal in entry #3, in the first line, ‘‘Furany’’ Register. Agency prepared corrections are should read ‘‘Gurany’’. Correction issued as signed documents and appear in 2. On the same page, in the same the appropriate document categories In notice document 05–21885 elsewhere in the issue. column, in the last line, ‘‘CF/IT’’ should read ‘‘C4/IT’’. beginning on page 66465 in the issue of Wednesday, November 2, 2005, make 3. On page 67461, in the third the following correction: DEPARTMENT OF DEFENSE column, in entry #17, in the first line, ‘‘Meredth’’ should read ‘‘Meredith’’. On page 66465, in the third column, Department of the Army in the first paragraph, in the ninth line, [FR Doc. C5–22092 Filed 11–10–05; 8:45 am] ‘‘Columbia’’ should read ‘‘California.’’ BILLING CODE 1505–01–D Performance Review Board [FR Doc. C5–21885 Filed 11–10–05; 8:45 am] Membership BILLING CODE 1505–01–D Correction In notice document 05–22092 beginning on page 67459 in the issue of

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Part II

Environmental Protection Agency 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline); Proposed Rule

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ENVIRONMENTAL PROTECTION • Agency Web site: http:// comment due to technical difficulties AGENCY www.epa.gov/edocket. EDOCKET, EPA’s and cannot contact you for clarification, electronic public docket and comment EPA may not be able to consider your 40 CFR Part 63 systems, is EPA’s preferred method for comment. Electronic files should avoid [OAR–2003–0138, FRL–7993–7] receiving comments. Follow the on-line the use of special characters, any form instructions for submitting comments. of encryption, and be free of any defects • RIN 2060–AM77 E-mail: A-and-R-Docket@ or viruses. For additional information epamail.epa.gov about EPA’s public docket visit National Emission Standards for • Fax: 202–566–1741 EDOCKET on-line or see the Federal Hazardous Air Pollutants: Organic • Mail: (in duplicate, if possible) to Liquids Distribution (Non-Gasoline) Air and Radiation Docket, Register of May 31, 2002 (67 FR 38102). Environmental Protection Agency, For additional instructions on AGENCY: Environmental Protection submitting comments, go to the Agency (EPA). Mailcode: 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION section of ACTION: Proposed rule; amendments. • Hand Delivery: (in duplicate, if this document. SUMMARY: On February 3, 2004 (69 FR possible) to: Air and Radiation Docket, Docket: All documents in the docket 5038), the EPA issued national emission Attention Docket ID Number OAR– are listed in either the EDOCKET index standards for hazardous air pollutants 2003–0138, EPA, 1301 Constitution at http://www.epa.gov/edocket or in the for organic liquids distribution (non- Avenue, NW., Room B–102, legacy docket, A–98–13. Although listed gasoline) (OLD NESHAP) under section Washington, DC 20460. Such deliveries in the index, some information is not 112 of the Clean Air Act (CAA). In this are only accepted during the Docket’s publicly available, i.e., CBI or other action, EPA is proposing to amend normal hours of operation, and special information whose disclosure is portions of the OLD NESHAP in arrangements should be made for restricted by statute. Certain other response to petitions for judicial review deliveries of boxed information. material, such as copyrighted material, We request that a separate copy also and for administrative reconsideration is not placed on the Internet and will be be sent to the contact person listed of the promulgated rule. The proposed publicly available only in hard copy below (see FOR FURTHER INFORMATION amendments are being made to clarify form. Publicly available docket CONTACT). the applicability and control materials are available either requirements for storage tanks and Instructions: Direct your comments to electronically in EDOCKET or in hard transfer racks, and amend the Docket ID No. OAR–2003–0138. EPA’s copy at the Air and Radiation Docket, recordkeeping and reporting policy is that all comments received requirements for affected sources for will be included in the public docket EPA/DC, EPA West, Room B102, 1301 which there are no control without change and may be made Constitution Ave., NW., Washington, requirements. The proposed available online at http://www.epa.gov/ DC. The Public Reading Room is open amendments do not reflect the full set edocket, including any personal from 8:30 a.m. to 4:30 p.m., Monday of possible amendments EPA intends to information provided, unless the through Friday, excluding legal propose in response to all of the issues comment includes information claimed holidays. A reasonable fee may be raised in the petitions for review and to be Confidential Business Information charged for copying docket materials. reconsideration. The Agency is (CBI) or other information whose The telephone number for the Public separately developing a proposed disclosure is restricted by statute. Do Reading Room is (202) 566–1744, and response to some of those issues. not submit information that you the telephone number for the Air and DATES: Comments. Submit comments on consider to be CBI or otherwise Radiation Docket is (202) 566–1742. or before December 29, 2005. protected through EDOCKET, Public Hearing. If a public hearing is Public Hearing. If a public hearing is regulations.gov, or e-mail. The EPA held, it will be held at 10 a.m. at the requested by November 25, 2005, the EDOCKET and the Federal EPA facility complex in Research EPA will hold a public hearing by regulations.gov Web sites are Triangle Park, North Carolina, or at an ‘‘anonymous access’’ systems, which November 29, 2005. To request a public alternate site nearby. hearing, contact Ms. Martha Smith, means EPA will not know your identity EPA, Waste and Chemical Processes or contact information unless you FOR FURTHER INFORMATION CONTACT: Ms. Group (C439–03), Emission Standards provide it in the body of your comment. Martha Smith, EPA, Waste and Division, Office of Air Quality Planning If you send an e-mail comment directly Chemical Processes Group (C439–03), and Standards, Research Triangle Park, to EPA without going through Emission Standards Division, Office of North Carolina 27711, telephone EDOCKET or regulations.gov, your e- Air Quality Planning and Standards, number (919) 541–2421, facsimile mail address will be automatically Research Triangle Park, North Carolina number (919) 541–0246, electronic mail captured and included as part of the 27711, telephone number (919) 541– address: [email protected]. comment that is placed in the public 2421, facsimile number (919) 541–3207, ADDRESSES: Comments. Submit your docket and made available on the electronic mail address: comments, identified by Docket ID No. Internet. If you submit an electronic [email protected]. OAR–2003–0138, by one of the comment, EPA recommends that you following methods: include your name and other contact SUPPLEMENTARY INFORMATION: Regulated • Federal eRulemaking Portal: http:// information in the body of your Entities. Categories and entities www.regulations.gov. Follow the on-line comment and with any disk or CD–ROM potentially regulated by this action instructions for submitting comments. you submit. If EPA cannot read your include:

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NAICS * SIC * Category code code Examples of regulated entities

Industry ...... 325211 2821 Operations at major sources that transfer organic liquids into or out of the plant site, 325192 2865 including: liquid storage terminals, crude oil pipeline stations, petroleum refineries, 325188 2869 chemical manufacturing facilities, and other manufacturing facilities with collocated 32411 2911 OLD operations. 49311 4226 49319 4612 48611 5169 42269 5171 42271 Federal Government ...... Federal agency facilities that operate any of the types of entities listed under the ‘‘industry’’ category in this table. * Considered to be the primary industrial codes for the plant sites with OLD operations.

This table is not intended to be your estimate in sufficient detail to D. How are compliance requirements being exhaustive, but rather provides a guide allow for it to be reproduced. changed? for readers regarding entities likely to be • Provide specific examples to E. How is the affected source being regulated by this action. To determine illustrate your concerns, and suggest changed? F. Miscellaneous Edits whether your facility is regulated by this alternatives. • III. Statutory and Executive Order Reviews action, you should examine the Explain your views as clearly as A. Executive Order 12866: Regulatory applicability criteria 40 CFR part 63, possible, avoiding the use of profanity Planning and Review subpart EEEE. If you have any questions or personal threats. B. Paperwork Reduction Act regarding the applicability of this action • Make sure to submit your C. Regulatory Flexibility Act to a particular entity, consult the comments by the comment period D. Unfunded Mandates Reform Act individual described in the preceding deadline identified. E. Executive Order 13132: Federalism FOR FURTHER INFORMATION CONTACT Worldwide Web (WWW). In addition F. Executive Order 13175: Consultation section. to being available in the docket, an and Coordination with Indian Tribal Submitting Comments Containing electronic copy of this action will also Governments CBI. Do not submit this information to be available through the WWW. G. Executive Order 13045: Protection of Children From Environmental Health EPA through EDOCKET, regulations.gov Following signature, a copy of this Risks and Safety Risks or e-mail. Clearly mark the part or all of action will be posted on EPA’s H. Executive Order 13211: Actions the information that you claim to be Technology Transfer Network (TTN) Concerning Regulations That CBI. For CBI information in a disk or CD policy and guidance page for newly Significantly Affect Energy Supply, ROM that you mail to EPA, mark the proposed or promulgated rules: http:// Distribution, or Use outside of the disk or CD ROM as CBI www.epa.gov/ttn/oarpg. The TTN at I. National Technology Transfer and and then identify electronically within EPA’s Web site provides information Advancement Act the disk or CD ROM the specific and technology exchange in various I. Background information that is claimed as CBI. In areas of air pollution control. addition to one complete version of the Public Hearing. Persons interested in On February 3, 2004 (69 FR 5063), the comment that includes information presenting oral testimony or inquiring Federal Register published EPA’s claimed as CBI, a copy of the comment as to whether a hearing is to be held National Emission Standards for that does not contain the information should contact Ms. Martha Smith, Waste Hazardous Air Pollutants: Organic claimed as CBI must be submitted for and Chemical Processes Group, Liquids Distribution (Non-Gasoline) (40 inclusion in the public docket. Emission Standards Division, (C439– CFR part 63, subpart EEEE). Subpart Information so marked will not be 04), Research Triangle Park, NC 27711, EEEE sets emission limits and work disclosed except in accordance with telephone number (919) 541–2421, at practice standards for storage tanks, procedures set forth in 40 CFR part 2. least 2 days in advance of the potential transfer racks, equipment leak Tips for Preparing Your Comments. date of the public hearing. Persons components in organic liquid service, When submitting comments, remember interested in attending the public transport vehicles, and containers. to: hearing must also call Ms. Smith to These standards identify several control • Identify the rulemaking by docket verify the time, date, and location of the options for storage tanks and transfer number and other identifying hearing. The public hearing will provide racks that meet certain criteria. Because information (subject heading, Federal interested parties the opportunity to storage tanks and transfer racks in OLD Register date and page number). present data, views, or arguments operation may also be covered by other • Follow directions—The agency may concerning the proposed emissions existing NESHAP, subpart EEEE ask you to respond to specific questions standards. addresses these overlap situations. or organize comments by referencing a Outline. The following outline is Finally, subpart EEEE also contains Code of Federal Regulations (CFR) part provided to aid in reading this preamble notification, recordkeeping, and or section number. to the proposed rule amendments. reporting requirements. • Explain why you agree or disagree; Since publication of the OLD suggest alternatives and substitute I. Background NESHAP, EPA has received several II. Proposed Amendments to the Organic language for your requested changes. petitions for administrative • Liquids Distribution NESHAP Describe any assumptions and A. How are definitions being revised? reconsideration of the OLD NESHAP, provide any technical information and/ B. How are control options being revised? and several petitions for judicial review or data that you used. C. How Are My Notification, have been filed in the U.S. Court of • If you estimate potential costs or Recordkeeping, and Reporting Appeals for the DC Circuit. Petitions for burdens, explain how you arrived at Requirements Being Revised? reconsideration were submitted to EPA

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by the Alliance of Automobile vapor balancing as a control option for data for years 1, 2, and 3. At the end of Manufacturers, the General Electric containers, clarifying that cargo tank year 3, the three annual values would be Company, and the Prince William work practice standards only apply to averaged to calculate the total actual Sound Regional Citizen’s Advisory tanks equipped with vapor collection annual facility-level organic liquid Council (RCAC). Petitions for judicial equipment, allowing an alternative loading volume. This value would review were filed by the American ASTM International method to Method represent the loading volume used in Chemical Council, the Coke Oven 18 (40 CFR part 60, Appendix A), four determining whether the transfer racks Environmental Task Force, the General new definitions and cross-referencing of at the facility would need to be Electric Company, and Mr. Stan definitions to other regulations, and controlled. At the end of year 4, the Stephens. On April 5, 2004, the court removing the ‘‘1-hour’’ requirement for facility would calculate the annual consolidated the petitions for review offsite records. In addition, today’s average using the loading volume data under Stan Stephens v. USEPA, No. 04– proposed amendments would correct for years 2, 3, and 4. This pattern would 1112 (DC Cir.). On April 30, 2004, the typographical errors, including incorrect repeat itself each year. court granted the motion of Alyeska cross-references. For existing affected sources, we are Pipeline Service Company to intervene proposing that this calculation be made A. How Are Definitions Being Revised? in the case and granted the parties’ joint on a calendar year basis, starting motion to hold the case in abeyance 1. Total Actual Annual Facility-Level January 1, 2004. If an existing affected pending EPA’s response to the petitions Organic Liquid Loading Volume. One of source does not have actual loading for reconsideration. the criteria for determining whether a volume data for the time period from In responding to the petitions, EPA transfer rack is to be controlled or not January 1, 2004, through February 2, plans to publish two separate is the annual loading volume of organic 2004, (the time period before the rulemakings. Today’s proposed liquids at the facility. Absent from the effective date of the OLD NESHAP), the amendments are the first of these two OLD NESHAP are a definition of ‘‘total owner or operator would calculate actions. The proposed amendments in actual annual facility-level organic loading volume for that period based on this notice are those that the Agency can liquid loading volume’’ and guidance on the average loading volume from make without substantial analysis of how to calculate this value. Therefore, February 3, 2004, through December 31, data and can be made more quickly to we are proposing to add a definition to 2004. ensure correct implementation of the the final rule and include in the For new affected sources, we are final rule. The remaining items, which definition a detailed explanation of how proposing the option of making this are associated with the incorporation of to calculate this value for existing calculation beginning on the actual wastewater into the OLD NESHAP, will facilities and for new facilities. startup date of the facility or on the first be addressed in the second rulemaking. In proposing this definition, we note day of the calendar month following the Today’s proposed amendments, two important items. First, the loading month in which actual startup occurs. therefore, are not to be considered EPA’s volume considers both transfers made For example, if actual startup is March response to all of the issues raised in the between facilities (for transport out of 13, 2005, the facility has the option of petitions. the facility) and transfers made within either using March 13 to March 12 as its a facility (for transport within the annual basis or April 1 to March 31 as II. Proposed Amendments to the facility). This clarifies the intent to its annual basis. We are also proposing Organic Liquids Distribution NESHAP consider both types of transfers and that once owners or operators select the We are proposing a number of corrects an error in items 7 through 10 beginning date to start their changes to the OLD NESHAP. For in Table 2 to 40 CFR part 63, subpart calculations, no changes can be made storage tanks, the proposed changes EEEE, when the phrase ‘‘out of the thereafter. include, but are not limited to, control facility’’ is used. Second, we are New affected sources are required to options for those storing high vapor proposing to calculate this value as an be in compliance at startup. In order for pressure liquids and overlap with other average over 3 years of annual loading a new affected source to be in storage tank rules. For transfer racks, the volumes rather than a single annual compliance, the owner or operator must proposed changes include, but are not value. Allowing a facility to average its make a determination as to which limited to, defining total actual annual loading volume over 3 years is transfer racks need to be controlled. facility-level organic liquid loading reasonable because this would smooth However, new affected sources will not volume and how to calculate its value, out fluctuations in loading volumes have actual loading volume data at their revising the definition of transfer rack, from year to year that might arise due startup to make this determination. and compliance dates and control to temporary situations, thereby Therefore, we are proposing that new options as the result of changes in eliminating different control facilities make projections as to the facility-level loading volumes. requirement outcomes caused by facility-level loading volume for the first Numerous changes are being proposed temporary changes below or above the 3 years of operation. Based on this with regard to notification, throughput cut-off level that would forecast, the owner or operator would recordkeeping, and reporting occur with an annual time period. The determine the total actual annual requirements including, but not limited proposed 3-year average should also facility-level organic liquid loading to: (1) Requirements for emission allow facilities sufficient lead time in volume and use the result to determine sources that are not required to be tracking their loading volume to assess which transfer racks need to be controlled under the OLD NESHAP, the need for controlling transfer racks controlled at startup. including startup, shutdown, and should the loading volume exceed the At the end of the first year following malfunction plans; (2) operating criterion’s trigger value. the date selected to begin the scenarios; (3) initial notification of We are proposing the methodology to calculation, the owner or operator compliance status (NOCS); and (4) be used to calculate this value as an would calculate the 3-year average using Department of Transportation (DOT) average using 3 years of actual loading the first year’s actual loading volume certification records for transport volume data. The value would be plus a new forecast of the loading vehicles. Other proposed changes recalculated once per year. For example, volume for the next 2 years. At the end include, but are not limited to, adding a facility would collect loading volume of the second year, the owner or

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operator would calculate its 3-year definition failed to mention. Therefore, 4. Startup and Shutdown. In 40 CFR average using the first 2 years’ actual we are proposing to add containers to 63.2406, we are proposing to clarify the loading volume data plus a new forecast the definition of transfer rack. definitions of ‘‘startup’’ and of loading for the next year. At the end 3. Cross Reference to Other Rules. The ‘‘shutdown’’ by adding the phrase of the third year, and for all subsequent OLD NESHAP use several terms that are ‘‘(other than as part of normal operation years, following startup, the owner or defined in other subparts, but not for a batch-type operation), including operator would have actual loading directly in the OLD NESHAP. We are equipment’’ after ‘‘or portion thereof.’’ volume data for 3 years and would no proposing to revise the introductory The proposed wording for longer need to forecast loading volumes. paragraph at 40 CFR 63.2406 to cross- ‘‘shutdown’’ would now read: The owner or operator would use the reference the other 40 CFR part 63 ‘‘Shutdown means the cessation of actual loading volume data for the first subparts that are referenced in the OLD operation of an OLD affected source, or 3 years to make this calculation, and NESHAP. This is being done by citing portion thereof (other than as part of then use the ‘‘rolling’’ 3 years of data for the specific definition sections of the normal operation of a batch-type future calculations, as would owners applicable subparts in the same manner operation), including equipment and operators of existing affected we cited the definitions found in 40 required or used to comply with this sources. CFR 63.2 of the General Provisions. This subpart, or the emptying and degassing 2. Transfer Rack. In the OLD change would not make the OLD of a storage tank. Shutdown as defined NESHAP, the definition of transfer rack NESHAP any more or less stringent, but here includes, but is not limited to, includes the concept of loading of simply clarifies the intent to use those events that result from periodic organic liquids into transport vehicles. definitions in the other subparts as maintenance, replacement of Unfortunately, there were two appropriate and necessary to implement equipment, or repair.’’ shortcomings with the definition. the OLD NESHAP. The proposed wording for ‘‘startup’’ First, the definition is inconsistent We are proposing to add four new would now read: ‘‘Startup means the with how the term is used when definitions—bottoms receivers, surge setting in operation of an OLD affected describing the affected sources. As control vessels, low-throughput transfer source, or portion thereof (other than as stated in the OLD NESHAP, 40 CFR part racks, and high-throughput transfer part of normal operation of a batch-type 63, subpart EEEE applies to (emphasis racks—to the OLD NESHAP. These operation), for any purpose. Startup also added): ‘‘transfer racks at which organic terms are added because their liquids are loaded into or unloaded out includes the placing in operation of any definitions in the cross-referenced rules of transport vehicles and/or containers’’ individual piece of equipment required do not apply to the OLD NESHAP and, (see 40 CFR 63.2338(b)(2)) and ‘‘all or used to comply with this subpart therefore, needed to be added. transport vehicles while they are including, but not limited to, control loading or unloading organic liquids at We are proposing to add a sentence to devices and monitors.’’ transfer racks’’ (see 40 CFR the introductory paragraph of 40 CFR The normal operation of transfer racks 63.2338(b)(4)). However, in the 63.2406 to clarify a potential conflict in is such that at times a transfer rack is definition section of the OLD NESHAP, priority between the OLD NESHAP transferring liquids and at other times it transfer rack is defined in part (subpart EEEE) and 40 CFR part 63, is not transferring liquids. We received (emphasis added) as ‘‘a single system subpart PP. The introductory language questions about whether instances in used to load organic liquids into in the OLD NESHAP and in subpart PP which transfer racks begin or cease transport vehicles.’’ The definition of both claim that the terms as defined transferring liquids as part of normal transfer rack, by limiting itself to only within each subpart shall have ‘‘batch’’ type operations would the loading of liquids, creates an precedent over any other definition for constitute ‘‘startup’’ or ‘‘shutdown’’ inconsistency with the use of the term those same terms in another subpart. We episodes. We never intended such when defining the affected source. In are proposing to amend the language in instances to be interpreted in this way. the affected source, transfer racks can be the OLD NESHAP to specifically Therefore, to avoid misunderstandings, loading or unloading organic liquids override the language in subpart PP we are proposing to revise the (emphasis added). such that the terms ‘‘container’’ and definitions of startup and shutdown to The intent of the rule is that, for ‘‘safety device’’ shall have the meaning make it clear that the commencement or purposes of defining the affected source, given them in the OLD NESHAP cessation of actual transfer of liquids both loading and unloading racks are to notwithstanding the introductory through a transfer rack as part of batch- be included. For purposes of control language in 40 CFR 63.921. type operations does not constitute a requirements, however, the OLD We do not believe any other changes ‘‘startup’’ or a ‘‘shutdown’’ of the NESHAP apply only to racks when they to the definition section of the OLD rule transfer rack within the meaning of the are loading organic liquids into are necessary. When complying with the OLD NESHAP. As a result of this transport vehicles or, for new sources OLD NESHAP, an owner or operator proposed change, emission sources (i.e., only, containers. may be required to comply with another transfer racks) that are subject to the To accomplish this intent, we are subpart (e.g., with 40 CFR part 63, OLD NESHAP, but for which control is proposing to modify the definition of subpart UU, for equipment leak not required, would not be required to ‘‘transfer rack’’ to also refer to components). If a term needs to be minimize emissions during such unloading. Because of this proposed defined in order to comply with subpart periods as would be required under the change to the definition of transfer rack, UU and that term is not defined in the General Provisions (i.e., 40 CFR we are also proposing numerous OLD NESHAP, then the owner or 63.11(e)(1)) and would not be required language changes to ensure that the rule operator would use the definition found to be addressed in a facility’s startup, language is specific that control is in subpart UU. In summary, when shutdown, and malfunction plan (i.e., required for transfer racks when they are complying with the OLD NESHAP, if a 40 CFR 63.11(e)(3)). Likewise, emission loading organic liquids into cargo tanks term is used and it is not defined in the sources subject to the OLD NESHAP for or when they are filling containers. OLD NESHAP, then that term has the which control is required would remain For new sources, transfer racks may meaning assigned it in the 40 CFR part subject to the control requirements also load containers, which the 63 subpart that is being complied with. during routine commencement or

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cessation of operations that are part of emissions (working and/or breathing comply with 40 CFR part 60, subpart normal batch-type operations. losses) as those tanks storing liquids Kb, or 40 CFR part 61, subpart Y, for These proposed changes would also with lower vapor pressures. In these these storage tanks. However, we are not make the OLD NESHAP consistent with instances, the controls that are proposing to revise the 5-year other recent EPA standards that applicable to the tanks storing the recordkeeping requirement for OLD recognize cessation of operations that is liquids with vapor pressures less than storage tanks. This is a longer timeframe part of the normal characteristics of 11.1 psia are applicable to tanks storing than found in 40 CFR part 60, subpart batch operations and batch-type liquids with vapor pressures greater Kb, or in 40 CFR part 61, subpart Y, operations is not considered ‘‘startup’’ than 11.1 psia. Therefore, we are which have a 2-year timeframe for or ‘‘shutdown’’ for purposes of startup, proposing revisions, which appear in keeping records. Finally, we are not shutdown, and malfunction plans. Tables 2 and Table 4 to 40 CFR part 63, proposing to revise the OLD monitoring, Rather than revising the definitions of subpart EEEE, to allow these storage recordkeeping, and reporting ‘‘startup’’ and ‘‘shutdown’’ to achieve tanks the same equivalent option as requirements for OLD storage tanks that this purpose, an alternative may be to those storing lower vapor pressure are controlled using closed vent systems simply amend Table 12 to 40 CFR part liquids. (which is consistent with the MON). In 63, subpart EEEE, to clarify that the duty 2. Overlap of Storage Tank Rules. The sum, we have determined that the to minimize emissions during periods of Agency is proposing to revise the MACT floor is being maintained, and startup, shutdown and malfunction, in manner in which the OLD NESHAP there is no loss in stringency as the 40 CFR 63.11(e)(1) of the General address the overlap of the OLD NESHAP result of the proposed changes. Provisions, does not apply to emissions with 40 CFR part 60, subpart Kb 3. Transfer Racks. While we believe sources that are part of the OLD affected (Standards of Performance for Volatile our intent is clear in 40 CFR 63.2346(b) source but are not subject to emissions Organic Liquid Storage Vessels as to which transfer racks are to be control requirements. EPA requests (Including Petroleum Liquid Storage controlled, the language is not accurate. comment on this alternative approach. Vessels) for Which Construction, The organic hazardous air pollutant 5. Vapor Balancing System. We are Reconstruction, or Modification (HAP) criterion is applied to the proposing revisions to this definition to Commenced After July 23, 1984) and individual rack, but the ‘‘facility-level include reference to containers. We are with 40 CFR part 61, subpart Y organic liquid loading volume’’ criterion proposing to extend the option of vapor (National Emission Standard for is not. The loading volume criterion is balancing systems to containers. We are Benzene Emissions from Benzene based on the volume for all transfer also proposing to clarify that vapors Storage Vessels). In the OLD NESHAP, racks and not for the individual transfer need to be ‘‘directly conveyed’’ to a 40 CFR 63.2396(a), storage tanks that are rack. Therefore, we are proposing to ‘‘chemical manufacturing process unit,’’ subject to the OLD NESHAP revise the introductory text as follows: and are, thus, proposing to replace requirements (which reference 40 CFR ‘‘compresses the vapors for feeding into part 63, subpart WW) and either of these ‘‘For each transfer rack that is part of the collection of transfer racks that meets the a chemical process manufacturing unit’’ other two rules are required to comply total actual annual facility-level organic with ‘‘compresses the vapor for direct with the requirements of the OLD liquid loading volume criterion for control in conveyance to a chemical NESHAP when the tank is in OLD Table 2 to this subpart, items 7 through 10, manufacturing unit.’’ operation. you must comply with paragraph (b)(1), (2), 6. Vapor Collection System. We are Another recent rule (i.e., the or (3) of this section for each arm in the proposing to add reference to the Miscellaneous Organic NESHAP, or transfer rack loading an organic liquid whose conveyance of vapors displaced during MON) promulgated by the Agency organic HAP content meets the organic HAP the loading of containers to this handles this overlap in a different criterion for control in Table 2 to this subpart, items 7 through 10.’’ definition. The OLD NESHAP fashion. In the MON, we allow facilities inadvertently do not contain this with storage tanks subject to both the 4. Changes in OLD Loading Volume. reference, even though the use of MON and either of the other two rules Over time, the OLD loading volume at control devices to control emissions noted above to be considered in a facility may increase or decrease. from the filling of containers is a control compliance with the MON when they These changes may be large enough that option. are in compliance with either of the the 3-year rolling average creates a other two rules. situation where a facility that is B. How Are Control Options Being In assessing whether this approach controlling its transfer racks no longer Revised? was appropriate for the OLD NESHAP, meets the criteria for control, or where 1. Storage Tanks with High Vapor we reviewed the OLD data used to a facility that is not controlling its Pressure Liquids. Between proposal and establish the MACT floor and compared transfer racks now meets the criteria for promulgation, we added the equivalent the requirements of the OLD NESHAP control. The OLD NESHAP does not control option of routing emissions to a with 40 CFR part 60, subpart Kb, and 40 explicitly indicate the control fuel gas system or back to a process, per CFR part 61, subpart Y. Based on that requirements when a facility encounters 40 CFR part 63, subpart SS, for storage review, 40 CFR part 60, subpart Kb, is such situations. We are, therefore, tanks storing liquids with vapor equal to or more stringent than the proposing language to specifically pressures less than 11.1 psia. The OLD MACT floor established for storage indicate the control requirements and NESHAP did not extend this option to tanks. Therefore, allowing a facility to timing when such changes occur. storage tanks storing liquids with vapor comply with 40 CFR part 60, subpart We are proposing that if a facility is pressures greater than 11.1 psia. This Kb, or, for that matter, with 40 CFR part controlling its transfer racks, but the was not an intentional exclusion. Most, 61, subpart Y, would not be less loading volume decreases at a later date but not all, tanks storing liquids with stringent than the MACT floor for the to such a level that the criteria for high vapor pressure are pressurized. OLD NESHAP and provides the same control are no longer being met, Pressurized tanks do not have level of control as that found in 40 CFR compliance with the control emissions. However, non-pressurized part 63, subpart WW. We, therefore, are requirements specified in 40 CFR tanks storing liquids with high vapor proposing to revise the wording in 40 63.2386(b)(1), (2), or (3) is no longer pressures have the same types of CFR 63.2396(a) to allow facilities to required until such time that the total

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actual facility-wide organic loading 8. Vapor balancing and routing of would apply to storage tanks and volume increases to a level requiring displaced vapors. The control option of transfer racks. control. vapor balancing for transfer racks is Storage tanks and transfer rack that We are also proposing that if a facility stated inconsistently in the OLD would never be required to be is not controlling its transfer racks, but NESHAP in 40 CFR 63.2346(b)(3) and in controlled. For storage tanks and the loading volume increases at a later Table 7 to 40 CFR part 63, subpart EEEE. transfer racks that would never be date to such a level that the criteria for We are proposing to resolve this required to be controlled under the OLD control is now met, compliance with the inconsistency by revising 40 CFR NESHAP as they currently apply, we are control requirements specified in 40 63.2346(b)(3) to include routing of proposing that owners and operators CFR 63.2386(b)(1), (2), or (3) is required vapors to a process unit. submit an Initial Notification immediately, except as may be provided The OLD NESHAP direct that the identifying such emission sources; and for existing sources only. routing of the displaced vapors is to be keep documentation verifying the ‘‘no 5. Transfer Racks and Table 2 made to the ‘‘appropriate storage tank.’’ control’’ status be kept up-to-date by the Emission Limits. The OLD NESHAP We are proposing to revise this phrase owner or operator. By the phrase ‘‘up- require a transfer rack to comply with to now read ‘‘to the storage tank from to-date,’’ we mean that such emission each of the three emission limitations which the liquid being loaded sources at a facility are identified in the identified in item 7 in Table 2 to 40 CFR originated.’’ We believe this change documentation regardless of when the part 63, subpart EEEE. These emission makes the rule clearer. documentation was last compiled. limitations are: (1) Reduce emissions by 9. Cargo Tank Work Practice Further, this documentation needs to be 98 percent reduction or to 20 ppmv; (2) Standards. The cargo tank work up-to-date only as it pertains to vent emissions through a closed vent practices in the OLD NESHAP (see 40 emission sources that are still physically system to any combination of control CFR 63.2346(d) and items 4 and 5 in present at a facility. devices in compliance with 40 CFR part Table 4 to 40 CFR part 63, subpart The proposed amendments would 63, subpart SS; and (3) meet one of two EEEE) create a technological also have the effect of eliminating the work practice standards specified in inconsistency—requiring vapor requirement for listing these sources in Table 4 to subpart EEEE. Requiring a tightness on transport vehicles being the NOCS, first compliance report, and facility to comply with all three loaded at transfer racks that were not subsequent compliance reports. Once emission limitations was not our intent being controlled. We are proposing to the Initial Notification has been and further is not technically feasible. correct this error by requiring vapor submitted, we believe it is unnecessary To correct this, we are proposing to tightness only on transport vehicles to continue to identify such emission combine the first two emission being loaded at transfer racks that are sources in NOCS, first compliance limitations into a single emission being controlled. The proposed report, and subsequent compliance limitation (which we incorrectly split amendment would affect both cargo reports as long as owners and operators into two limitations between proposal tanks with and cargo tanks without keep documentation that such emission and promulgation and which would vapor collection equipment. sources would never require control now parallel the correct construct of under the OLD NESHAP. C. How Are My Notification, item 6 in Table 2 to subpart EEEE) and Storage tanks and transfer racks that Recordkeeping, and Reporting clarify that a facility is to comply with could be required to be controlled, but Requirements Being Revised? either 98 percent reduction or 20 ppmv for which control is not currently emission limitation or one of the two 1. Emission sources not subject to required. For storage tanks and transfer work practice standards. control. We are proposing to overhaul racks that could be required to be 6. Transfer Racks and Routing the OLD NESHAP notification, controlled, but for which control is not Emissions to a Process. The OLD recordkeeping, and reporting currently required, we are proposing NESHAP allow a facility the option to requirements for emission sources not changes to notification and reporting comply with 40 CFR part 63, subpart subject to control. The proposed and to documentation. SS, which allows a facility to route amendments are found mostly in a We believe that it is important for an emissions to fuel gas systems or back to proposed new section, 40 CFR 63.2343, owner or operator to identify those a process (emphasis added). The OLD with some additional changes needed in storage tanks and transfer racks for NESHAP inadvertently use the phrase other parts of the rule. The OLD which control could be required if and ‘‘the process,’’ which has the potential NESHAP currently identifies when the HAP content or throughput effect of unnecessarily limiting a requirements for these sources in 40 changes, even if control is not required facility’s option for routing vent gases. CFR 63.2346(h) and 63.2386(c)(9). at the time either the NOCS of the first Therefore, we are proposing to use the Under today’s proposed amendments, compliance report is filed. Therefore, phrase ‘‘a process’’ in conjunction with 40 CFR 63.2346(h) would be deleted we are proposing owners and operators this compliance option. and ‘‘reserved,’’ because it is no longer submit a list of all transfer racks (except 7. Vapor balancing and containers. needed. With regard to 40 CFR those at which only unloading of The OLD NESHAP do not allow vapor 63.2386(c)(9), the proposed organic liquids occurs) and of tanks balancing as a control option for the amendments would revise (as described greater than or equal to 18.9 cubic filling of containers. However, vapor below) and redesignate the paragraph meters (5,000 gallons) that are part of balancing can be an effective control (as proposed 40 CFR 63.2386(c)(10)(i)). the affected source but are not subject to option for the filling of containers. In today’s proposed rulemaking, we any of the emission limitations, Therefore, we are proposing vapor are proposing to exempt all emission operating limits, or work practice balancing, under certain conditions, as sources in the affected source not standards of 40 CFR part 63, subpart a control option for the filling of requiring control under the OLD EEEE (see proposed 40 CFR containers, identifying applicability for NESHAP from notification, 63.2386(c)(10)(i)). existing sources and new sources and recordkeeping, and reporting Owners and operators would be revising the definitions of ‘‘vapor requirements, except as otherwise required to submit this list with either balancing systems’’ and ‘‘vapor specified in the proposed new 40 CFR the NOCS or the first Compliance collection system.’’ 63.2343. The proposed exceptions report, whichever is submitted first.

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After the NOCS or a Compliance report For storage tanks that could be subject 4. Offsite Records. The OLD NESHAP has been submitted, changes to a storage to control, but are not required to be (see 40 CFR 63.2394(a)) allow facilities tank or transfer rack may have been controlled, we are proposing that to store on-site records ‘‘in electric form made that affect its compliance status documentation be kept that at a separate location from the site (e.g., an uncontrolled storage tank demonstrates the status of the tank, provided they can be access and printed becomes subject to control). The types including a record of the annual average at the site within 1 hour after a request of changes that we are proposing to be true vapor pressure of the organic liquid by the applicable title V permitting reported are: being stored in each such tank. authority.’’ EPA included the ‘‘1-hour’’ • Any storage tank or transfer rack For transfer racks that could be requirement at promulgation, but now that became subject to control since the subject to control, but are not required believes that it is unnecessarily filing of the last Compliance report (see to be controlled, we are proposing that restrictive. Therefore, we are proposing proposed 40 CFR 63.2386(d)(3)). The documentation be kept that to revise 40 CFR 63.2394(a) by removing intent here is to cover any storage tank demonstrates the status of the transfer the ‘‘1-hour’’ requirement and stating or transfer rack that existed at the rack. explicitly that records kept off-site are to facility when the last Compliance report General Provisions. For all emission be available for ‘‘expeditious review and was filed, but has undergone a change sources for which control is not inspection.’’ We are also proposing to that now subjects the storage tank or required, we are proposing to amend the eliminate the provision allowing on-site transfer rack to control; and any storage applicability of the General Provisions records to be stored off-site in electronic tank or transfer rack that was in two ways. First, we are proposing to format because ‘‘expeditious retrieval’’ constructed at the facility since the last modify the applicability of 40 CFR of records stored off-site does not meet Compliance report was filed, that is 63.6(e)(3) by not requiring startup, the General Provision’s requirements being used (e.g., contains liquid), that is shutdown, and malfunction (SSM) plans that records be stored ‘‘on-site’’ for the in OLD service and that meets the OLD for these emission sources because SSM first 2 years. criteria for control. plans apply to control devices used to 5. Operating Scenarios. The OLD • Any storage tank greater than or comply with regulations, and these NESHAP require facilities to identify equal to 18.9 cubic meters (5,000 emission sources are not required to be operating scenarios in the NOCS report gallons) and any transfer rack that is controlled. and then to update changes to operating part of the affected source, but which Second, in the proposed new 40 CFR scenarios in the semiannual compliance are not subject to any of the emission 63.2343 for emission sources not reports. We are proposing to delete limitations, operating limits, or work required to be controlled, we ‘‘operating scenarios’’ from the OLD practice standards of the OLD NESHAP, specifically identify those changes that NESHAP because the term is not that became part of the affected source require a facility to submit information applicable to the OLD source category. since the filing of the NOCS or the last and are proposing to modify the Compliance report (see proposed 40 applicability of 40 CFR 63.9(j) such that D. How Are Compliance Requirements CFR 63.2386(d)(4)). The intent here is to it would not apply to these emission Being Changed? cover any storage tank or transfer rack sources. 1. Changes in OLD Loading Volume— that was constructed at the facility since 2. Transport Vehicles and DOT Compliance Dates. We are proposing the NOCS or the last Compliance report Certifications. In the OLD NESHAP, we language to clarify when transfer racks was filed, that is part of the affected require owners or operators to keep must be in compliance when the total source (i.e., is in OLD service), but does documentation on the DOT actual annual facility-level organic not meet any of the criteria for control certifications for transport vehicles liquid loading volume decreases such under the OLD rule; and any storage loaded at their facilities. Other NESHAP that control is no longer required, or tank or transfer rack that existed at the allow an alternative to this requirement, when it increases such that control is facility prior to the filing of the NOCS which we believe can also be applied to required (see 40 CFR 63.2342(a)(3) and or last Compliance report that was not transport vehicles loading organic (b)(3)). For both new and existing in OLD service that is now in OLD liquids. This proposed alternative sources, we are proposing that a source service (i.e., is now part of the affected would allow owners and operators to whose loading volume increases to a source), but does not meet any of the simply record in a number of acceptable level such that control of transfer racks criteria for control under the OLD methods the verification of DOT is required, be in compliance with the NESHAP. certification without actually keeping transfer rack requirements immediately. We are proposing that such changes such documentation (see proposed 40 We are proposing to define be reported in either the NOCS or the CFR 63.2390(c)(3)). ‘‘immediately’’ as the first day of the first Compliance report (depending on 3. Initial Notification of Compliance period following the end of the 3-year which was submitted first (see proposed Status. The OLD NESHAP allow period triggering the control criteria. 40 CFR 63.2382(d)(2)(viii) and facilities with multiple control devices For existing sources, however, we are 63.2386(c)(10(ii)) and in subsequent to submit a single NOCS and up to 240 proposing that owners or operators of Compliance reports whenever such days after the compliance date to submit existing sources be allowed to request a changes occur after the filing of the last it. To make this provision explicitly compliance extension of up to 1 year if Compliance report (see proposed 40 clear, we are proposing to revise the the additional time is necessary for the CFR 63.2386(d)(3) and (4)). applicability of the General Provisions installation of controls. This proposed Proposed 40 CFR 63.2343 specifies at 40 CFR 63.7(g) and 63.9(h)(1)–(6) in request for a compliance extension is the documentation that would be Table 12 to 40 CFR part 63, subpart similar to that provided for under 40 required for these emission sources. We EEEE, to allow facilities to submit a CFR 63.100(l)(4)(ii)(B) of the Hazardous are also proposing to modify 40 CFR single initial NOCS with test reports Organic NESHAP. We are also 63.2390, What records must I keep?, to either within 240 days after the proposing to limit the use of this clarify the applicability of proposed 40 compliance date or within 60 days after compliance extension provision to once CFR 63.2343 and 40 CFR 63.2390 to all the completion of the last compliance for each facility (see 40 CFR emission sources subject to the OLD test demonstrating compliance, 63.2342(b)(3)(ii)(I)). That is, once an NESHAP. whichever occurs first. owner or operator has requested an

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extension of compliance for its facility, E. How Is the Affected Source Being NESHAP that goes to a tank subject to the owner or operator cannot request Changed? the HON part of the affected source? such an extension at a later date if To clarify the determination of which changes in loading volume again create 1. Containers. In 40 CFR 63.2338(b)(2) equipment leak components are a situation in which control of transfer of the OLD NESHAP, we identify included in the definition of the affected racks is once again required. ‘‘transfer racks’’ as a component of the source and which are excluded, we are affected source and identify in that proposing to revise 40 CFR 2. ASTM D7420–99. In the preamble paragraph both ‘‘transport vehicles’’ and to the OLD NESHAP, we indicated that 63.2338(b)(3) to clearly state that ‘‘containers’’ into which or out of which equipment leak components are part of we had included ASTM D7420–99, the liquids are loaded. We then identify, the affected source if they are associated Standard Test Method for Determination in 40 CFR 63.2338(b)(4), ‘‘transport with pipelines that transfer organic of Gaseous Organic Compounds by vehicles’’ as a separate component of liquids directly to and from storage Direct Interface Gas Chromatography- the affected source. However, we tanks and/or transfer racks, both of Mass Spectrometry (GC/MS), as an neglected to also identify ‘‘containers’’ which are subject to the OLD NESHAP. alternative to Method 18. However, we as a separate component of the affected Equipment leak components associated neglected to add the method to the final source. To correct this oversight, we are with pipelines that connect two storage rule. Therefore, we are proposing proposing to add a new paragraph (b)(5) tanks, two transfer racks, or a storage language, in 40 CFR 63.2354(b)(3), to 40 CFR 63.2338 to identify containers tank and a transfer rack are subject to adding ASTM D7420–99 as an as a separate component of the affected the OLD NESHAP only if both storage alternative to Method 18 to determine source. tanks, both transfer racks, or both the compliance with the organic HAP or 2. Transport Vehicles. In 40 CFR storage tank and transfer rack are subject TOC emission limit. 63.2338(b)(4) of the OLD NESHAP, it is to the OLD NESHAP. These three 3. Reformulation. One of the unclear as to whether the affected scenarios comprise the situations in petitioners requested clarification as to source includes transport vehicles while which equipment leak components the periodic reporting requirements for they are loading or unloading organic associated with pipelines are part of the a facility that reformulates materials liquids at any transfer rack or only at OLD affected sources. prior to the compliance date, and for a transfer racks subject to the OLD Lastly, because the proposed revisions facility that reformulates materials after NESHAP. We are proposing to revise 40 to 40 CFR 63.2338(b)(3) include all the compliance date. The reformulation CFR 63.2338(b)(4) to state that only those equipment leak components that the petitioner is concerned about is those transport vehicles loading or we intend to include, we do not believe where a material that meets the unloading at transfer racks subject to the there is any need to have an equipment definition of an organic liquid as OLD NESHAP are to be included in the leak component exclusion. Therefore, defined in 40 CFR 63.2402 is affected source. we are proposing to delete 40 CFR reformulated in such a manner that the 63.2338(c)(2) from the OLD NESHAP. 3. Excluded Equipment. As stated in 5. Coke by-product Plants. One of the material no longer meets the definition 40 CFR 63.2338(b), the affected source of an organic liquid. petitioners requested clarification as to is composed of storage tanks, transfer the applicability of the OLD NESHAP to The OLD NESHAP apply to emission racks, equipment leak components, coke by-product plants. On January 30, sources when they are in OLD service. transport vehicles, and containers. The 2001 (66 FR 8220), EPA deleted coke by- If a facility reformulates a material in OLD NESHAP, in 40 CFR 63.2338(c), product plants from the list of major and such a manner that the material no exclude from the affected source three area sources of HAP required by CAA longer is an organic liquid, as defined in of these five types of equipment— section 112(c)(1). Consequently, 40 CFR 40 CFR 63.2406, the emission source is storage tanks, transfer racks, and part 63 MACT standards promulgated not in OLD service and, therefore, is equipment leak components—under under CAA section 112(d), such as the neither subject to the OLD NESHAP nor certain conditions (e.g., subject to OLD NESHAP, would not apply to the its reporting requirements. If all of the another 40 CFR part 63 NESHAP, used deleted coke by-product plant source material at a facility were reformulated in special operations, used to conduct category. Moreover, as EPA explained in such that there is no organic liquid at maintenance activities). We know of no 2001, coke by-product plants remain the facility, the entire facility would reason that transport vehicles and subject to the pre-existing NESHAP for have no emission sources in organic containers when used in the same benzene emissions from coke by- liquid service and would not be circumstances as the three cited types of product recovery plants at 40 CFR part required to meet the periodic equipment should not also be included 61, subpart L. See 66 FR at 8222. EPA compliance reporting requirements. If in these exclusions. Therefore, we are is not proposing any changes to the OLD the facility were to later reformulate the proposing to revise 40 CFR 63.2338(c) NESHAP in order to clarify this issue, material such that it once again met the accordingly. as it is unnecessary to do so. The result definition of organic liquid, then the 4. Equipment Leak Components. The follows from EPA’s previous action in emission source would be in OLD OLD NESHAP (see 40 CFR 2001 deleting the coke by-product plant service and subject to all applicable 63.2338(c)(2)) is unclear as to which source category. requirements of the OLD NESHAP, equipment leak components are to be including periodic reporting excluded from the affected source F. Miscellaneous Edits requirements. definition. For example, are equipment There are numerous edits being The Agency does not believe that it is leak components associated with a proposed to address typographical necessary to modify the OLD NESHAP pipeline originating offsite that goes errors and oversights in the OLD to address the specific situations posed directly to a tank subject to the NESHAP. These edits make clearer our by the petitioner. In addition, we do not Hazardous Organic NESHAP (HON) part intent, correct punctuation, or change believe this issue needs to be treated of the affected source? Or, as another cross-references because of the other differently if the reformulation occurs example, are equipment leak changes being proposed in today’s prior to or after the compliance date of components associated with a pipeline rulemaking; they do not affect the the final rule. from a transfer rack subject to the OLD stringency of the final rule or its

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enforceability. These edits may be found previously identified sources to be re- For purposes of assessing the impacts in the EDOCKET (see ADDRESSES listed. Further, we are narrowing the of today’s proposed amendments on section). applicability of certain sections of the small entities, small entity is defined as: General Provisions for sources for which (1) A small business as defined by the III. Statutory and Executive Order control is not required because the Small Business Administration’s (SBA) Reviews proposed amendments make such regulations at 13 CFR 121.20; (2) a small A. Executive Order 12866: Regulatory application of those sections in the governmental jurisdiction that is a Planning and Review General Provisions unnecessary. Thus, government of a city, county, town, in sum, the proposed amendments are Under Executive Order 12866 (58 FR school district or special district with a not adding new information collection 5173, October 4, 1993), the EPA must population of less than 50,000; and (3) burden. However, the Office of determine whether the regulatory action a small organization that is any not-for- Management and Budget (OMB) has is ‘‘significant’’ and, therefore, subject to profit enterprise which is independently previously approved the information Office of Management and Budget owned and operated and is not collection requirements contained in the (OMB) review and the requirements of dominant in its field. existing regulations at 40 CFR part 63, the Executive Order. The Executive subpart EEEE under the provisions of After considering the economic Order defines ‘‘significant regulatory the Paperwork Reduction Act, 44 U.S.C. impacts of today’s proposed action’’ as one that is likely to result in 3501 et seq. and has assigned OMB amendments on small entities, I certify standards that may: control number 2060 0539, EPA ICR that this action will not have a (1) Have an annual effect on the number 1963. A copy of the OMB significant economic impact on a economy of $100 million or more or approved Information Collection substantial number of small entities. In adversely affect, in a material way, the Request (ICR) may be obtained from determining whether a rule has a economy, a sector of the economy, Susan Auby, Collection Strategies significant economic impact on a productivity, competition, jobs, the Division; U.S. Environmental Protection substantial number of small entities, the environment, public health or safety, or Agency (2822T); 1200 Pennsylvania impact of concern is any significant State, local, or tribal governments or Ave., NW., Washington, DC 20460 or by adverse economic impact on small communities; calling (202) 566–1672. entities, because the primary purpose of (2) create a serious inconsistency or Burden means the total time, effort, or the regulatory flexibility analysis is to otherwise interfere with an action taken financial resources expended by persons identify and address regulatory or planned by another agency; to generate, maintain, retain, or disclose alternatives ‘‘which minimize any (3) materially alter the budgetary or provide information to or for a significant economic impact of the rule impact of entitlement, grants, user fees, Federal agency. This includes the time on small entities.’’ 5 U.S.C. 603 and 604. or loan programs or the rights and needed to review instructions; develop, Thus, an agency may certify that a rule obligations of recipients thereof; or acquire, install, and utilize technology will not have a significant economic (4) raise novel legal or policy issues and systems for the purposes of impact on a substantial number of small arising out of legal mandates, the collecting, validating, and verifying entities if the rule relieves regulatory President’s priorities, or the principles information, processing and burden, or otherwise has a positive set forth in the Executive Order. maintaining information, and disclosing economic effect on all of the small Pursuant to the terms of Executive and providing information; adjust the entities subject to the rule. Order 12866, OMB has notified EPA existing ways to comply with any Today’s proposed amendments will that it considers this a ‘‘non-significant previously applicable instructions and not impose any new requirements on regulatory action’’ within the meaning requirements; train personnel to be able small entities, and will reduce some of of the Executive Order and is therefore to respond to a collection of the burden established under the not subject to OMB review. information; search data sources; promulgated rule. We have therefore B. Paperwork Reduction Act complete and review the collection of information; and transmit or otherwise concluded that today’s proposed This action does not impose any new disclose the information. amendments will relieve regulatory information collection burden. The final An agency may not conduct or burden by, for example, exempting all rule required owners and operators to sponsor, and a person is not required to emission sources in the affected source list sources not subject to control in the respond to a collection of information not requiring control under the OLD first and subsequent compliance reports unless it displays a currently valid OMB NESHAP from notification, and to keep appropriate documentation. control number. The OMB control recordkeeping, and reporting The final rule applied these numbers for EPA’s regulations in 40 requirements, except as otherwise requirements across-the-board for all CFR are listed in 40 CFR part 9. specified for all affected small entities; emission sources not requiring control excluding from the affected source three and, in general, was not specific as to C. Regulatory Flexibility Act types of equipment—storage tanks, what recordkeeping is required. Under The Regulatory Flexibility Act (RFA) transfer racks, and equipment leak the proposed amendments, we are generally requires an agency to prepare components—under certain conditions clarifying how these provisions would a regulatory flexibility analysis of any that are used in special operations and apply to those emission sources for rule subject to notice and comment to conduct maintenance activities; and which control would never be required rulemaking requirements under the proposing that owners or operators of and to those emission sources for which Administrative Procedure Act or any existing sources be allowed to request a control could be required, but is not other statute unless the agency certifies compliance extension of up to 1 year if currently required. In addition, we are that the rule will not have a significant the additional time is necessary for the identifying the specific circumstances economic impact on a substantial installation of controls. We continue to under which listing in subsequent number of small entities. Small entities be interested in the potential impacts of Compliance reports would be required include small businesses, small the proposed rule on small entities and for sources for which control is not organizations, and small governmental welcome comments on issues related to required rather than requiring all jurisdictions. such impacts.

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D. Unfunded Mandates Reform Act develop an accountable process to disproportionate effect on children. If Title II of the Unfunded Mandates ensure ‘‘meaningful and timely input by the regulatory action meets both criteria, Reform Act of 1995 (UMRA), Public State and local officials in the the Agency must evaluate the Law 104–4, establishes requirements for development of regulatory policies that environmental health or safety effects of Federal agencies to assess the effects of have federalism implications.’’ ‘‘Policies the planned rule on children, and their regulatory actions on State, local, that have federalism implications’’ is explain why the planned regulation is and tribal governments and the private defined in the Executive Order to preferable to other potentially effective sector. Under section 202 of the UMRA, include regulations that have and reasonably feasible alternatives the EPA generally must prepare a ‘‘substantial direct effects on the States, considered by the Agency. on the relationship between the national EPA interprets Executive Order 13045 written statement, including a cost- government and the States, or on the as applying only to those regulatory benefit analysis, for proposed and final distribution of power and actions that are based on health or safety rules with ‘‘Federal mandates’’ that may responsibilities among the various risks, such that the analysis required result in expenditures to State, local, levels of government.’’ under section 5–501 of the Executive and tribal governments, in the aggregate, Today’s proposed amendments do not Order has the potential to influence the or to the private sector, of $100 million have federalism implications. The regulation. Today’s proposed or more in any 1 year. Before proposed amendments correct amendments are not subject to promulgating an EPA rule for which a typographical errors, clarify provisions, Executive Order 13045 because they do written statement is needed, section 205 or eliminate unnecessary recordkeeping not establish an environmental standard of the UMRA generally requires the EPA and reporting requirements for emission intended to mitigate health or safety to identify and consider a reasonable sources for which there are no control risks. number of regulatory alternatives and requirements. These changes do not H. Executive Order 13211: Actions adopt the least costly, most cost- modify existing or create new Concerning Regulations That effective or least burdensome alternative responsibilities among EPA Regional Significantly Affect Energy, Supply, that achieves the objectives of the rule. Offices, States, or local enforcement Distribution, or Use The provisions of section 205 do not agencies. The proposed amendments apply when they are inconsistent with will not have new substantial direct The proposed rule is not a applicable law. Moreover, section 205 effects on the States, on the relationship ‘‘significant energy action’’ as defined in allows the EPA to adopt an alternative between the national government and Executive Order 13211, ‘‘Actions other than the least costly, most cost- the States, or on the distribution of Concerning Regulations That effective, or least burdensome power and responsibilities among the Significantly Affect Energy Supply, alternative if the Administrator various levels of government, as Distribution, or Use’’ (66 FR 28355, May publishes with the final rule an specified in Executive Order 13132. 22, 2001) because it is not likely to have explanation of why that alternative was Thus, Executive Order 13132 does not a significant adverse effect on the not adopted. Before the EPA establishes apply to the proposed amendments. supply, distribution, or use of energy. any regulatory requirements that may Further, we have concluded that this significantly or uniquely affect small F. Executive Order 13175: Consultation rule is not likely to have any adverse governments, including tribal and Coordination With Indian Tribal energy effects. governments, it must have developed Governments I. National Technology Transfer and under section 203 of the UMRA a small Executive Order 13175 (65 FR 67249, Advancement Act government agency plan. The plan must November 9, 2000), requires EPA to provide for notifying potential affected develop an accountable process to Section 12(d) of the National small governments, enabling officials of ensure ‘‘meaningful and timely input by Technology Transfer and Advancement affected small governments to have tribal officials in the development of Act of 1995 (‘‘NTTAA’’), Public Law meaningful and timely input in the regulatory policies that have tribal 104–113, 12(d) (15 U.S.C. 272 note) development of EPA regulatory implications.’’ The proposed directs EPA to use voluntary consensus proposals with significant Federal amendments do not have tribal standards in its regulatory activities intergovernmental mandates, and implications as specified in Executive unless to do so would be inconsistent informing, educating, and advising Order 13175. They would not have with applicable law or otherwise small governments on compliance with substantial direct effects on tribal impractical. Voluntary consensus the regulatory requirements. governments, on the relationship standards are technical standards (e.g., EPA has determined that the between the Federal government and materials specifications, test methods, proposed amendments do not contain a Indian tribes, or on the distribution of sampling procedures, and business Federal mandate that may result in power and responsibilities between the practices) that are developed or adopted expenditures of $100 million or more Federal government and Indian tribes, by voluntary consensus standards for State, local, and tribal governments, as specified in Executive Order 13175. bodies. The NTTAA directs EPA to in aggregate, or the private sector in any Thus, Executive Order 13175 does not provide Congress, through OMB, 1 year, nor do the proposed apply to these proposed amendments. explanations when the Agency decides amendments significantly or uniquely not to use available and applicable G. Executive Order 13045: Protection of impact small governments, because they voluntary consensus standards. In the Children From Environmental Health contain no requirements that apply to preamble to the OLD NESHAP, we Risks and Safety Risks such governments or impose obligations indicated that we had revised the rule upon them. Thus, the requirements of Executive Order 13045 (62 FR 19885, to include three voluntary consensus the UMRA do not apply to the proposed April 23, 1997) applies to any rule that: methods, including ASTM D7420–99, amendments. (1) Is determined to be ‘‘economically Standard Test Method for Determination significant’’ as defined under Executive of Gaseous Organic Compounds by E. Executive Order 13132: Federalism Order 12866, and (2) concerns an Direct Interface Gas Chromatography- Executive Order 13132, (64 FR 43255, environmental health or safety risk that Mass Spectrometry (GC/MS), as an August 10, 1999) requires EPA to EPA has reason to believe may have a alternative to Method 18. While we did

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include two of the three voluntary (ii) Transfer racks loading or the first day of the period following the consensus methods, we neglected to add unloading organic liquids; end of the 3-year period triggering the ASTM D7420–99 to the final rule. (iii) Pipelines that transfer organic control criteria. Therefore, we are proposing language liquids directly between two storage (b)(1) If you have an existing affected adding ASTM D7420–99 as an tanks that are subject to this subpart; source, you must comply with the alternative to Method 18 to determine (iv) Pipelines that transfer organic emission limitations, operating limits, compliance with the organic HAP or liquids directly between a storage tank and work practice standards for existing TOC emission limit under certain subject to this subpart and a transfer affected sources no later than February circumstances. rack subject to this subpart; and 5, 2007, except as provided in (v) Pipelines that transfer organic paragraphs (b)(2) and (3) of this section. List of Subjects in 40 CFR Part 63 liquids directly between two transfer * * * * * Environmental protection, racks that are subject to this subpart. (3)(i) If an addition or change other Administrative practice and procedure, (4) All transport vehicles while they than reconstruction as defined in § 63.2 Air pollution control, Hazardous are loading or unloading organic liquids is made to an existing affected facility substances, Intergovernmental relations, at transfer racks subject to this subpart. that causes the total actual annual (5) All containers while they are Reporting and recordkeeping facility-level organic liquid loading loading or unloading organic liquids at requirements. volume to exceed the criteria for control transfer racks subject to this subpart. Dated: October 31, 2005. in Table 2 to this subpart, items 7 and (c) * * * Stephen L. Johnson, (1) Storage tanks, transfer racks, 8, the owner or operator must comply Administrator. transport vehicles, containers, and with the transfer rack requirements For the reasons set out in the equipment leak components that are specified in § 63.2346(b) immediately; preamble, title 40, chapter I, part 63 of part of an affected source under another that is, be in compliance the first day of the Code of Federal Regulations is 40 CFR part 63 national emission the period following the end of the 3- proposed to be amended as follows: standards for hazardous air pollutants year period triggering the control (NESHAP). criteria. PART 63—[AMENDED] (2) Non-permanent storage tanks, (ii) If the owner or operator believes transfer racks, transport vehicles, that compliance with the transfer rack 1. The authority citation for part 63 emission limits cannot be achieved continues to read as follows: containers, and equipment leak components when used in special immediately, as specified in paragraph Authority: 42 U.S.C. 7401, et seq. situation distribution loading and (b)(3)(i) of this section, the owner or 2. Section 63.14 is amended by unloading operations (such as operator may submit a request for a revising paragraph (b)(29) to read as maintenance or upset liquids compliance extension, as specified in follows: management). paragraphs (b)(3)(ii)(A) through (I) of (3) Storage tanks, transfer racks, this section. Subject to paragraph § 63.14 Incorporation by reference. transport vehicles, containers, and (b)(3)(ii)(B) of this section, until an * * * * * equipment leak components when used extension of compliance has been (b) * * * to conduct maintenance activities, such granted by the Administrator (or a State (29) ASTM D6420–99, Standard Test as stormwater management, liquid with an approved permit program) Method for Determination of Gaseous removal from tanks for inspections and under this paragraph (b)(3)(ii), the Organic Compounds by Direct Interface maintenance, or changeovers to a owner or operator of the transfer rack Gas Chromatography-Mass different liquid stored in a storage tank. subject to the requirements of this Spectrometry, IBR approved for section shall comply with all applicable * * * * * §§ 63.2354, 63.5799, and 63.5850. requirements of this subpart. Advice on 4. Section 63.2342 is amended by: * * * * * a. Revising paragraph (a) introductory requesting an extension of compliance text; may be obtained from the Administrator Subpart EEEE—[Amended] b. Adding paragraph (a)(3); (or the State with an approved permit program). 3. Section 63.2338 is amended by: c. Revising paragraph (b)(1); (A) Submittal. The owner or operator a. Revising paragraphs (b)(3) and d. Adding paragraph (b)(3); and shall submit a request for a compliance (b)(4); e. Revising paragraph (d) to read as extension to the Administrator (or a b. By adding a new paragraph (b)(5); follows: State, when the State has an approved c. Revising paragraph (c)(1); § 63.2342 When do I have to comply with d. Removing paragraph (c)(2) and 40 CFR part 70 permit program and the this subpart? source is required to obtain a 40 CFR redesignating paragraphs (c)(3) and (a) If you have a new or reconstructed (c)(4) as (c)(2) and (c)(3), respectively; part 70 permit under that program, or a affected source, you must comply with State, when the State has been delegated and this subpart according to the schedule e. Revising newly designated the authority to implement and enforce identified in paragraph (a)(1), (2), or (3) paragraphs (c)(2) and (c)(3) to read as the emission standard for that source) of this section, as applicable. follows: seeking an extension allowing the * * * * * source up to 1 additional year to comply § 63.2338 What parts of my plant does this (3) If, after startup of a new affected with the transfer rack standard, if such subpart cover? source, the total actual annual facility- additional period is necessary for the * * * * * level organic liquid loading volume at installation of controls. The owner or (b) * * * that source exceeds the criteria for operator of the affected source who has (3) All equipment leak components in control in Table 2 to this subpart, items requested an extension of compliance organic liquids service that are 9 and 10, the owner or operator must under this paragraph (b)(3)(ii)(A) and associated with: comply with the transfer rack who is otherwise required to obtain a (i) Storage tanks storing organic requirements specified in § 63.2346(b) title V permit shall apply for such liquids; immediately; that is, be in compliance permit, or apply to have the source’s

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title V permit revised to incorporate the (6) A compliance schedule, including (b)(3)(ii) of this section. The conditions of the extension of the date by which each step toward Administrator (or the State) will notify compliance. The conditions of an compliance will be reached. At a the owner or operator in writing of the extension of compliance granted under minimum, the list of dates shall include: status of his/her application; that is, this paragraph (b)(3)(ii)(A) will be (i) The date by which on-site whether the application contains incorporated into the affected source’s construction, installation of emission sufficient information to make a title V permit according to the control equipment, or a process change determination, within 30 calendar days provisions of 40 CFR part 70 or Federal is planned to be initiated; after receipt of the original application title V regulations in this chapter (42 (ii) The date by which on-site and within 30 calendar days after U.S.C. 7661), whichever are applicable. construction, installation of emission receipt of any supplementary (B) When to submit. (1) Any request control equipment, or a process change information that is submitted. The 30- submitted under paragraph (b)(3)(ii)(A) is to be completed; and day approval or denial period will begin of this section must be submitted in (iii) The date by which final after the owner or operator has been writing to the appropriate authority no compliance is to be achieved. notified in writing that his/her later than 120 days prior to the affected (D) Approval of request for extension application is complete. Failure by the source’s compliance date (as specified of compliance. Based on the information Administrator to act within 30 calendar in paragraph (b)(3)(i) of this section), provided in any request made under days to approve or disapprove a request except as provided for in paragraph paragraph (b)(3)(ii)(C) of this section, or submitted under paragraph (b)(3)(ii) of (b)(3)(ii)(B)(2) of this section. other information, the Administrator (or this section does not constitute Nonfrivolous requests submitted under the State with an approved permit automatic approval of the request. this paragraph (b)(3)(ii)(B)(1) will stay program) may grant an extension of (2) When notifying the owner or the applicability of the rule as to the compliance with the transfer rack operator that his/her application is not emission points in question until such emission standard, as specified in complete, the Administrator will specify time as the request is granted or denied. paragraph (b)(3)(ii) of this section. The the information needed to complete the A denial will be effective as of the date extension will be in writing and will— application and provide notice of of denial. (1) Identify each affected source opportunity for the applicant to present, (2) An owner or operator may submit covered by the extension; in writing, within 30 calendar days after (2) Specify the termination date of the a compliance extension request after the he/she is notified of the incomplete extension; date specified in paragraph application, additional information or (3) Specify the dates by which steps arguments to the Administrator to (b)(3)(ii)(B)(1) of this section provided toward compliance are to be taken, if the need for the compliance extension enable further action on the application. appropriate; (3) Before denying any request for an arose after that date, and before the (4) Specify other applicable extension of compliance, the otherwise applicable compliance date requirements to which the compliance Administrator (or the State with an and the need arose due to circumstances extension applies (e.g., performance approved permit program) will notify beyond reasonable control of the owner tests); the owner or operator in writing of the or operator. This request must include, (5) Specify the contents of the Administrator’s (or the State’s) intention in addition to the information required progress reports to be submitted and the to issue the denial, together with: in paragraph (b)(3)(ii)(C) of this section, dates by which such reports are to be (i) Notice of the information and a statement of the reasons additional submitted, if required pursuant to findings on which the intended denial time is needed and the date when the paragraph (b)(3)(ii)(E) of this section. is based; and owner or operator first learned of the (6) Under paragraph (b)(3)(ii) of this (ii) Notice of opportunity for the problems. Nonfrivolous requests section, specify any additional owner or operator to present in writing, submitted under this paragraph conditions that the Administrator (or within 15 calendar days after he/she is (b)(3)(ii)(B)(2) will stay the applicability the State) deems necessary to assure notified of the intended denial, of the rule as to the emission points in installation of the necessary controls additional information or arguments to question until such time as the request and protection of the health of persons the Administrator (or the State) before is granted or denied. A denial will be during the extension period. further action on the request. effective as of the original compliance (E) Progress reports. The owner or (4) The Administrator’s final date. operator of an existing source that has determination to deny any request for (C) Information required. The request been granted an extension of an extension will be in writing and will for a compliance extension under compliance under paragraph (b)(3)(ii)(D) set forth the specific grounds on which paragraph (b)(3)(ii)(A) of this section of this section may be required to the denial is based. The final shall include the following information: submit to the Administrator (or the State determination will be made within 30 (1) The name and address of the with an approved permit program) calendar days after presentation of owner or operator and the address of the progress reports indicating whether the additional information or argument (if existing source if it differs from the steps toward compliance outlined in the the application is complete), or within address of the owner or operator; compliance schedule have been 30 calendar days after the final date (2) The name, address, and telephone reached. specified for the presentation if no number of a contact person for further (F) Notification of approval or presentation is made. information; intention to deny. (1) The Administrator (G) Termination of extension of (3) An identification of the organic (or the State with an approved permit compliance. The Administrator (or the liquid distribution operation and of the program) will notify the owner or State with an approved permit program) specific equipment for which additional operator in writing of approval or may terminate an extension of compliance time is required; intention to deny approval of a request compliance at an earlier date than (4) A description of the controls to be for an extension of compliance within specified if any specification under installed to comply with the standard; 30 calendar days after receipt of paragraph (b)(3)(ii)(D)(3) or (4) of this (5) Justification for the length of time sufficient information to evaluate a section is not met. Upon a being requested; and request submitted under paragraph determination to terminate, the

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Administrator will notify, in writing, that each storage tank and transfer rack applicable, in § 63.2386(d)(3) and (4). If the owner or operator of the identified in paragraph (a) of this you are already submitting a subsequent Administrator’s determination to section is not required to be controlled. Compliance report under § 63.2386(d), terminate, together with: The documentation must be kept up-to- you do not need to submit a separate (1) Notice of the reason for date (i.e., all such emission sources at a subsequent Compliance report for each termination; and facility are identified in the storage tank that meets the conditions (2) Notice of opportunity for the documentation regardless of when the identified in paragraph (b) of this owner or operator to present in writing, documentation was last compiled) and section (i.e., a single subsequent within 15 calendar days after he/she is must be in a form suitable and readily Compliance report should be notified of the determination to available for expeditious inspection and submitted). terminate, additional information or review according to § 63.10(b)(1), (3) For each storage tank that meets arguments to the Administrator before including records stored in electronic the conditions identified in paragraph further action on the termination. form in a separate location. (b) of this section, you must keep (3) A final determination to terminate (b) For each storage tank subject to documentation, including a record of an extension of compliance will be in this subpart having a capacity of 18.9 the annual average true vapor pressure writing and will set forth the specific cubic meters (5,000 gallons) or more of the total Table 1 organic HAP in the grounds on which the termination is that is not subject to control based on stored organic liquid, that verifies the based. The final determination will be the criteria specified in Table 2 to this storage tank is not required to be made within 30 calendar days after subpart, items 1 through 6, you must controlled under this subpart. The presentation of additional information comply with the requirements specified documentation must be kept up-to-date or arguments, or within 30 calendar in paragraphs (b)(1) through (3) of this and must be in a form suitable and days after the final date specified for the section. readily available for expeditious presentation if no presentation is made. (1)(i) You must submit the inspection and review according to (H) The granting of an extension information in § 63.2386(c)(1), (c)(2), § 63.10(b)(1), including records stored in under this section shall not abrogate the (c)(3), and (c)(10)(i) in either the electronic form in a separate location. Administrator’s authority under section Notification of Compliance Status, (c) For each transfer rack subject to 114 of the Clean Air Act. according to the schedule specified in this subpart that loads organic liquids (I) Limitation on use of compliance Table 12 to this subpart, or in your first but is not subject to control based on the extension. The owner or operator may Compliance report, according to the criteria specified in Table 2 to this request an extension of compliance schedule specified in § 63.2386(b), subpart, items 7 through 10, you must under the provisions specified in whichever occurs first. comply with the requirements specified paragraph (b)(3)(ii) of this section only (ii)(A) If you submit your first in paragraphs (c)(1) through (3) of this once for each facility. Compliance report before your NOCS, section. * * * * * the NOCS must contain the information (1)(i) You must submit the (d) You must meet the notification specified in § 63.2386(d)(3) and (4) if information in § 63.2386(c)(1), (c)(2), requirements in §§ 63.2343 and any of the changes identified in (c)(3), and (c)(10)(i) in either the 63.2382(a), as applicable, according to paragraph (d) of this section have Notification of Compliance Status, the schedules in § 63.2382(a) and (b)(1) occurred since the filing of the first according to the schedule specified in through (3) and in subpart A of this part. Compliance report. If none of the Table 12 to this subpart, or a first Some of these notifications must be changes identified in paragraph (d) of Compliance report, according to the submitted before the compliance dates this section have occurred since the schedule specified in § 63.2386(b), for the emission limitations, operating filing of the first compliance report, you whichever occurs first. limits, and work practice standards in do not need to report the information (ii)(A) If you submit your first this subpart. specified in § 63.2386(c)(10)(i) when Compliance report before your NOCS, 5. Section 63.2343 is added to subpart you submit your NOCS. the NOCS must contain the information EEEE to read as follows: (B) If you submit your NOCS before specified in § 63.2386(d)(3) and (4) if your first compliance report, your first any of the changes identified in § 63.2343 What are my requirements for Compliance report must contain the paragraph (d) of this section have emission sources not requiring control? information specified in § 63.2386(d)(3) occurred since the filing of the first This section establishes the and (4) if any of the changes specified Compliance report. If none of the notification, recordkeeping, and in paragraph (d) of this section have changes identified in paragraph (d) of reporting requirements for emission occurred since the filing of the NOCS. this section have occurred since the sources identified in § 63.2338 that do (iii) If you are already submitting a filing of the first compliance report, you not require control under this subpart NOCS or a first Compliance report do not need to report the information (i.e., under paragraphs (a) through (e) of under § 63.2386(c), you do not need to specified in § 63.2386(c)(10)(i) when § 63.2346). Such emission sources are submit a separate NOCS or first you submit your NOCS. not subject to any other notification, Compliance report for each storage tank (B) If you submit your NOCS before recordkeeping, or reporting sections in that meets the conditions identified in your first compliance report, your first this subpart, including § 63.2350(c), paragraph (b) of this section (i.e., a Compliance report must contain the except as indicated in paragraphs (a) single NOCS or first Compliance report information specified in § 63.2386(d)(3) through (d) of this section. should be submitted). and (4) if any of the changes specified (a) For each storage tank subject to (2)(i) You must submit a subsequent in paragraph (d) of this section have this subpart having a capacity of less Compliance report according to the occurred since the filing of the NOCS. than 18.9 cubic meters (5,000 gallons) schedule in § 63.2386(b) whenever any (iii) If you are already submitting a and for each transfer rack subject to this of the events in paragraph (d) of this NOCS or a first Compliance report subpart that only unloads organic section occur, as applicable. under § 63.2386(c), you do not need to liquids (i.e., no organic liquids are (ii) Your subsequent Compliance submit a separate NOCS or first loaded at any of the transfer racks), you reports must contain the information in Compliance report for each transfer rack must keep documentation that verifies § 63.2386(c)(1), (2), (3) and, as that meets the conditions identified in

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paragraph (b) of this section (i.e., a § 63.2346 What emission limitations, (3)(i) Use a vapor balancing system single NOCS or first Compliance report operating limits, and work practice that routes organic HAP vapors should be submitted). standards must I meet? displaced from the loading of organic (2)(i) You must submit a subsequent (a) * * * liquids into transport vehicles to the Compliance report according to the (2) Route emissions to fuel gas storage tank from which the liquid being schedule in § 63.2386(b) whenever any systems or back into a process as loaded originated or to a process unit. of the events in paragraph (d) of this specified in 40 CFR part 63, subpart SS. (ii) Use a vapor balancing system that section occur, as applicable. * * * * * routes the organic HAP vapors (ii) Your subsequent Compliance (b) Transfer racks. For each transfer displaced from the loading of organic reports must contain the information in rack that is part of the collection of liquids into containers directly (e.g., no § 63.2386(c)(1), (2), (3) and, as transfer racks that meets the total actual intervening tank or containment area applicable, in § 63.2386(d)(3) and (4). If annual facility-level organic liquid such as a room) to the storage tank from you are already submitting a subsequent loading volume criterion for control in which the liquid being loaded Compliance report under § 63.2386(d), Table 2 to this subpart, items 7 through originated or to a process unit. you do not need to submit a separate 10, you must comply with paragraph * * * * * subsequent Compliance report for each (b)(1), (2), or (3) of this section for each (d) Transport vehicles. For each transfer rack that meets the conditions arm in the transfer rack loading an transport vehicle equipped with vapor identified in paragraph (c) of this organic liquid whose organic HAP collection equipment that is loaded at a section (i.e., a single subsequent content meets the organic HAP criterion transfer rack that is subject to control Compliance report should be for control in Table 2 to this subpart, based on the criteria specified in Table submitted). items 7 through 10. For existing affected 2 to this subpart, items 7 through 10, (3) For each transfer rack that meets sources, you must comply with you must comply with paragraph (d)(1) the conditions identified in paragraph paragraph (b)(1), (b)(2), or (b)(3)(i) of of this section. For each transport (c) of this section, you must keep this section during the loading of vehicle without vapor collection documentation, including the records organic liquids into transport vehicles. equipment that is loaded at a transfer specified in § 63.2390(d), that verifies For new affected sources, you must rack that is subject to control based on the transfer rack is not required to be comply with paragraph (b)(1), (b)(2), or the criteria specified in Table 2 to this controlled under this subpart. The (b)(3)(i) and (ii) of this section during subpart, items 7 through 10, you must documentation must be kept up-to-date the loading of organic liquids into comply with paragraph (d)(2) of this and must be in a form suitable and transport vehicles and containers. If the section. readily available for expeditious total actual annual facility-level organic * * * * * inspection and review according to liquid loading volume at any affected (e) Operating limits. For each high § 63.10(b)(1), including records stored in source is equal to or greater than the throughput transfer rack, you must meet electronic form in a separate location. loading volume criteria for control in each operating limit in Table 3 to this (d) If one or more of the events Table 2 to this subpart, but at a later subpart for each control device used to identified in paragraphs (d)(1) through date is less than the loading volume comply with the provisions of this (4) of this section occur since the filing criteria for control, compliance with subpart whenever emissions from the of the NOCS or the last Compliance paragraph (b)(1), (2), or (3) of this loading of organic liquids are routed to report, you must submit a subsequent section is no longer required. For new the control device. For each storage tank Compliance report as specified in sources and reconstructed sources, as and low throughput transfer rack, you paragraphs (b)(3) and (c)(3) of this defined in § 63.2338(d) and (e), if at a must comply with the requirements for section. later date, the total actual annual (1) Any storage tank or transfer rack monitored parameters as specified in facility-level organic liquid loading subpart SS of this part for storage became subject to control under this volume again becomes equal to or subpart EEE; or vessels and, during the loading of greater than the loading volume criteria organic liquids, for low throughput (2) Any storage tank equal to or for control in Table 2 to this subpart, the greater than 18.9 cubic meters (5,000 transfer racks, respectively. owner or operator must comply with Alternatively, you may comply with the gallons) became part of the affected paragraph (b)(1), (b)(2), or (b)(3)(i) and source but is not subject to any of the operating limits in Table 3 to this (ii) of this section immediately, as subpart. emission limitations, operating limits, specified in § 63.2342(a)(3). For existing * * * * * or work practice standards of this sources, as defined in § 63.2338(f), if at (h) [Reserved] subpart; or a later date, the total actual annual (3) Any transfer rack (except those facility-level organic liquid loading * * * * * racks at which only unloading of volume again becomes equal to or 7. Section 63.2350 is amended by organic liquids occurs) became part of greater than the loading volume criteria revising paragraph (c) to read as follows: the affected source; or for control in Table 2 to this subpart, the (4) Any of the information required in § 63.2350 What are my general owner or operator must comply with requirements for complying with this § 63.2386(c)(1), (2), or (3) has changed. paragraph (b)(1), (b)(2), or (b)(3)(i) of subpart? 6. Section 63.2346 is amended by: this section immediately, as specified in a. Revising paragraph (a)(2); * * * * * b. Revising paragraph (b) introductory § 63.2342(b)(3)(i), unless an alternative (c) Except for emission sources not text; compliance schedule has been approved required to be controlled as specified in c. Revising paragraph (b)(2); under § 63.2342(b)(3)(ii) and subject to § 63.2343, you must develop and d. Revising paragraph (b)(3); the use limitation specified in implement a written startup, shutdown, e. Revising paragraph (d) introductory § 63.2342(b)(3)(ii)(I). and malfunction (SSM) plan according text; * * * * * to the provisions in § 63.6(e)(3). f. Revising paragraph (e); and (2) Route emissions to fuel gas 8. Section 63.2354 is amended by g. Removing and reserving paragraph systems or back into a process as revising paragraph (b)(3) to read as (h) to read as follows: specified in 40 CFR part 63, subpart SS. follows:

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§ 63.2354 What performance tests, design potentially detected by mass § 63.2386(d)(3) and (4), as applicable, evaluations, and performance evaluations spectrometry, the additional system shall be submitted instead. must I conduct? continuing calibration check after each 11. Section 63.2386 is amended by: * * * * * run, as detailed in ASTM D6420–99, a. Revising paragraph (b)(3); (b) * * * Section 10.5.3, must be followed, met, b. Revising paragraph (c)(4); (3) In addition to EPA Method 25 or documented, and submitted with the c. Redesignating paragraph (c)(10) as 25A of 40 CFR part 60, appendix A, to data report, even if there is no moisture (c)(9) and paragraph (c)(9) as (c)(10); determine compliance with the organic condenser used or the compound is not e. Revising newly designated HAP or TOC emission limit, you may considered water-soluble. paragraphs (c)(9) and (c)(10); use EPA Method 18 of 40 CFR part 60, * * * * * f. Revising paragraph (d) introductory appendix A, as specified in paragraph 9. Section 63.2362 is amended by text; (b)(3)(i) of this section. As an alternative revising paragraph (b)(1) to read as to EPA Method 18, you may use ASTM g. Removing paragraph (d)(3); and follows: D6420–99, Standard Test Method for h. Adding new paragraphs (d)(3) and (d)(4) to read as follows: Determination of Gaseous Organic § 63.2362 When must I conduct Compounds by Direct Interface Gas subsequent performance tests? § 63.2386 What reports must I submit and Chromatography-Mass Spectrometry * * * * * when and what information is to be (GC/MS) (incorporated by reference, see (b)(1) For each transport vehicle that submitted in each? § 63.14), under the conditions specified you own that is equipped with vapor * * * * * in paragraph (b)(3)(ii) of this section. collection equipment and that is loaded (b) * * * (i)(A) If you use EPA Method 18 to with organic liquids at a transfer rack (3) For each affected source that is measure compliance with the that is subject to control based on the subject to permitting regulations percentage efficiency limit, you must criteria specified in Table 2 to this pursuant to 40 CFR part 70 or 40 CFR first determine which organic HAP are subpart, items 7 through 10, you must part 71, if the permitting authority has present in the inlet gas stream (i.e., perform the vapor tightness testing established dates for submitting uncontrolled emissions) using required in Table 5 to this subpart, item semiannual reports pursuant to 40 CFR knowledge of the organic liquids or the 2, on that transport vehicle at least once 70.6(a)(3)(iii)(A) or 40 CFR screening procedure described in EPA per year. 71.6(a)(3)(iii)(A), you may submit the Method 18. In conducting the * * * * * first and subsequent Compliance reports performance test, you must analyze 10. Section 63.2382 is amended by according to the dates the permitting samples collected as specified in EPA revising paragraphs (d)(2)(iv), (v), (vi), authority has established instead of Method 18, simultaneously at the inlet (vii), and (viii) to read as follows: according to the dates in paragraphs and outlet of the control device. (b)(1) and (2) of this section. Quantify the emissions for the same § 63.2382 What notifications must I submit (c) * * * organic HAP identified as present in the and when and what information should be submitted? (4) Any changes to the information inlet gas stream for both the inlet and listed in § 63.2382(d)(2) that have outlet gas streams of the control device. * * * * * occurred since the submittal of the (B) If you use EPA Method 18 of 40 (d) * * * Notification of Compliance Status. CFR part 60, appendix A, to measure (2) * * * compliance with the emission (iv) Descriptions of worst-case * * * * * concentration limit, you must first operating and/or testing conditions for (9) A listing of all transport vehicles determine which organic HAP are the control device(s). into which organic liquids were loaded present in the inlet gas stream using (v) Identification of emission sources at transfer racks that are subject to knowledge of the organic liquids or the subject to overlapping requirements control based on the criteria specified in screening procedure described in EPA described in § 63.2396 and the authority Table 2 to this subpart, items 7 through Method 18. In conducting the under which you will comply. 10, during the previous 6 months for performance test, analyze samples (vi) The applicable information which vapor tightness documentation as collected as specified in EPA Method 18 specified in § 63.1039(a)(1) through (3) required in § 63.2390(c) was not on file at the outlet of the control device. for all pumps and valves subject to the at the facility. Quantify the control device outlet work practice standards for equipment (10)(i) A listing of all transfer racks emission concentration for the same leak components in Table 4 to this (except those racks at which only organic HAP identified as present in the subpart, item 4. unloading of organic liquids occurs) and inlet or uncontrolled gas stream. (vii) If you are complying with the of tanks greater than or equal to 18.9 (ii) You may use ASTM D6420–99 as vapor balancing work practice standard cubic meters (5,000 gallons) that are part an alternative to EPA Method 18 if the for transfer racks according to Table 4 to of the affected source but are not subject target concentration is between 150 this subpart, item 3.a, include a to any of the emission limitations, ppbv and 100 ppmv and either of the statement to that effect and a statement operating limits, or work practice conditions specified in paragraph that the pressure vent settings on the standards of this subpart. (b)(2)(ii)(A) or (B) of this section exists. affected storage tanks are greater than or (ii) If the information specified in For target compounds not listed in equal to 2.5 pounds per square inch paragraph (c)(10)(i) of this section has Section 1.1 of ASTM D6420–99 and not gauge (psig). already been submitted with the NOCS, amenable to detection by mass (viii) The information specified in the information specified in paragraphs spectrometry, you may not use ASTM § 63.2386(c)(10)(i), unless the (d)(3) and (4) of this section, as D6420–99. information has already been submitted applicable, shall be submitted instead. (A) The target compounds are those with the first Compliance report. If the (d) Subsequent Compliance reports. listed in Section 1.1 of ASTM D6420– information specified in Subsequent Compliance reports must 99; or § 63.2386(c)(10)(i) has already been contain the information in paragraphs (B) For target compounds not listed in submitted with the first Compliance (c)(1) through (9) of this section and, Section 1.1 of ASTM D6420–99, but report, the information specified in where applicable, the information in

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paragraphs (d)(1) through (4) of this 2 to this subpart, items 7 through 10, a closed vent system and control device section. you must keep the applicable records in and is in compliance with either 40 CFR * * * * * paragraphs (c)(1) and (2) of this section part 60, subpart Kb, or 40 CFR part 61, (3)(i) A listing of any storage tank that or alternatively the verification records subpart Y, except that you must comply became subject to controls based on the in paragraph (c)(3) of this section. with the monitoring, recordkeeping, and criteria for control specified in Table 2 * * * * * reporting requirements in this subpart. to this subpart, items 1 through 6, since (3) In lieu of keeping the records (3) As an alternative to paragraphs the filing of the last Compliance report. specified in paragraph (c)(1) or (2) of (a)(1) and (2) of this section, if a storage (ii) A listing of any transfer rack that this section, as applicable, the owner or tank assigned to the OLD affected source became subject to controls based on the operator shall record that the is subject to control under 40 CFR part criteria for control specified in Table 2 verification of DOT tank certification or 60, subpart Kb, or 40 CFR part 61, to this subpart, items 7 through 10, Method 27 of appendix A to 40 CFR part subpart Y, you may elect to comply only since the filing of the last Compliance 60 testing, required in Table 5 to this with the requirements of this subpart for report. subpart, item 2, has been performed. storage tanks meeting the applicability (4)(i) A listing of tanks greater than or Various methods for the record of criteria for control in Table 2 to this equal to 18.9 cubic meters (5,000 verification can be used, such as: a subpart. gallons) that became part of the affected check-off on a log sheet, a list of DOT (b) Compliance with other regulations source but are not subject to any of the serial numbers or Method 27 data, or a for transfer racks. After the compliance emission limitations, operating limits, position description for gate security dates specified in § 63.2342, if you have or work practice standards of this showing that the security guard will not a transfer rack that is subject to 40 CFR subpart, since the last Compliance allow any trucks on site that do not have part 61, subpart BB, and that transfer report. the appropriate documentation. rack is in OLD operation, you must meet (ii) A listing of all transfer racks (d) You must keep records of the total all of the requirements of this subpart (except those racks at which only the actual annual facility-level organic for that transfer rack when the transfer unloading of organic liquids occurs) that liquid loading volume as defined in rack is in OLD operation during the became part of the affected source but § 63.2406 through transfer racks to loading of organic liquids. are not subject to any of the emission document the applicability, or lack * * * * * limitations, operating limits, or work thereof, of the emission limitations in 15. Section 63.2402 is amended by practice standards of this subpart, since Table 2 to this subpart, items 7 through revising paragraphs (b)(2), (b)(3), and the last Compliance report. 10. (b)(4) to read as follows: * * * * * 13. Section 63.2394 is amended by revising paragraph (a) to read as follows: § 63.2402 Who implements and enforces 12. Section 63.2390 is amended by: this subpart? a. Revising paragraphs (a) and (b); § 63.2394 In what form and how long must * * * * * b. Revising paragraph (c) introductory I keep my records? (b) * * * text; (a) Your records must be in a form (2) Approval of major changes to test c. Redesignating paragraph (c)(3) as suitable and readily available for methods under § 63.7(e)(2)(ii) and (f) (d); expeditious inspection and review and as defined in § 63.90. d. Adding a new paragraph (c)(3); and according to § 63.10(b)(1), including (3) Approval of major changes to e. Revising newly designated records stored in electronic form at a monitoring under § 63.8(f) and as paragraph (d) to read as follows: separate location. defined in § 63.90. § 63.2390 What records must I keep? * * * * * (4) Approval of major changes to 14. Section 63.2396 is amended by recordkeeping and reporting under (a) For each emission source revising paragraphs (a) and (b) to read § 63.10(f) and as defined in § 63.90. identified in § 63.2338 that does not as follows: 16. Section 63.2406 is amended by: require control under this subpart, you a. Revising the introductory text; must keep all records identified in § 63.2396 What compliance options do I b. Revising the definitions of § 63.2343. have if part of my plant is subject to both ‘‘Shutdown,’’ ‘‘Startup,’’ ‘‘Transfer (b) For each emission source this subpart and another subpart? rack,’’ ‘‘Vapor balancing system,’’ and identified in § 63.2338 that does require (a) Compliance with other regulations ‘‘Vapor collection system,’’ and control under this subpart: for storage tanks.—(1) After the paragraph (3) of the definition for (1) You must keep all records compliance dates specified in § 63.2342, ‘‘Storage tank;’’ and identified in subpart SS of this part and you are in compliance with the c. Adding in alphabetical order in Table 12 to this subpart that are provisions of this subpart for any definitions for ‘‘Bottoms receivers,’’ applicable, including records related to storage tank that is assigned to the OLD ‘‘High throughput transfer rack,’’ ‘‘Low notifications and reports, SSM, affected source and that is both throughput transfer rack,’’ ‘‘Surge performance tests, CMS, and controlled with a floating roof and is in control vessel,’’ and ‘‘Total actual performance evaluation plans; and compliance with the provisions of either annual facility-level organic liquid (2) You must keep the records 40 CFR part 60, subpart Kb, or 40 CFR loading volume’’ to read as follows: required to show continuous part 61, subpart Y, except that records compliance, as required in subpart SS of shall be kept for 5 years rather than 2 § 63.2406 What definitions apply to this this part and in Tables 8 through 10 to years for storage tanks that are assigned subpart? this subpart, with each emission to the OLD affected source. Terms used in this subpart are limitation, operating limit, and work (2) After the compliance dates defined in the CAA, in § 63.2, 40 CFR practice standard that applies to you. specified in § 63.2342, you are in part 63, subparts H, PP, SS, TT, UU, and (c) For each transport vehicle into compliance with the provisions of this WW, and in this section. If the same which organic liquids are loaded at a subpart for any storage tank with a fixed term is defined in another subpart and transfer rack that is subject to control roof that is assigned to the OLD affected in this section, it will have the meaning based on the criteria specified in Table source and that is both controlled with given in this section for purposes of this

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subpart. Notwithstanding the the total facility-level actual volume of third years following the selected introductory language in § 63.921, the organic liquid loaded for transport beginning calculation date. The third 3- terms ‘‘container’’ and ‘‘safety device’’ within or out of the facility through year rolling average is based on actual shall have the meaning found in this transfer racks that are part of the facility-level loading volume for the first subpart and not in § 63.921. affected source into transport vehicles 2 years of operation plus a new * * * * * (for existing affected sources) or into projected maximum annual facility- Bottoms receiver means a tank that transport vehicles and containers (for level loading volume for the third year collects distillation bottoms before the new affected sources) based on a 3-year following the beginning calculation stream is sent for storage or for further rolling average, calculated annually. date. Subsequent 3-year rolling averages processing downstream. (1) For existing affected sources, each are based on actual facility-level loading * * * * * 3-year rolling average is based on actual volume for each year in the 3-year High throughput transfer rack means facility-level loading volume during rolling average. those transfer racks that transfer into each calendar year (January 1 through Transfer rack means a single system December 31) in the 3-year period. For transport vehicles (for existing affected used to load organic liquids into, or calendar year 2004 only (the first year sources) or into transport vehicles and unload organic liquids out of, transport of the initial 3-year rolling average), if containers (for new affected sources) a vehicles or containers. It includes all an owner or operator of an affected total of 11.8 million liters per year or loading and unloading arms, pumps, source does not have actual loading greater of organic liquids. meters, shutoff valves, relief valves, and volume data for the time period from * * * * * other piping and equipment necessary January 1, 2004, through February 2, Low throughput transfer rack means for the transfer operation. Transfer 2004 (the time period prior to the those transfer racks that transfer into equipment and operations that are effective date of the OLD NESHAP), the transport vehicles (for existing affected physically separate (i.e., do not share owner or operator shall compute a sources) or into transport vehicles and common piping, valves, and other containers (for new affected sources) facility-level loading volume for this time period as follows: At the end of the equipment) are considered to be less than 11.8 million liters per year of 2004 calendar year, the owner or separate transfer racks. organic liquids. operator shall calculate a daily average * * * * * * * * * * facility-level loading volume (based on Vapor balancing system means a Shutdown means the cessation of the actual loading volume for February piping system that collects organic HAP operation of an OLD affected source, or 3, 2004, through December 31, 2004) vapors displaced from transport portion thereof (other than as part of and use that daily average to estimate vehicles or containers during loading normal operation of a batch-type the facility-level loading volume for the and routes the collected vapors to the operation), including equipment period of time from January 1, 2004, storage tank from which the liquid being required or used to comply with this through February 2, 2004. The owner or loaded originated or compresses the subpart, or the emptying and degassing operator shall then sum the estimated vapors for direct conveyance to a of a storage tank. Shutdown as defined facility-level loading volume from chemical manufacturing process unit. here includes, but is not limited to, January 1, 2004, through February 2, For containers, the piping system must events that result from periodic 2004, and the actual facility-level route the displaced vapors directly to maintenance, replacement of loading volume from February 3, 2004, the appropriate storage tank or process equipment, or repair. through December 31, 2004, to calculate Startup means the setting in operation unit in order to qualify as a vapor the annual facility-level loading volume balancing system. of an OLD affected source, or portion for calendar year 2004. Vapor collection system means any thereof (other than as part of normal (2)(i) For new affected sources, the 3- equipment located at the source (i.e., at operation of a batch-type operation), for year rolling average is calculated as an any purpose. Startup also includes the average of three 12-month periods. An the OLD operation) that is not open to placing in operation of any individual owner or operator must select as the the atmosphere; that is composed of piece of equipment required or used to beginning calculation date with which piping, connections, and, if necessary, comply with this subpart including, but to start the calculations as either the flow-inducing devices; and that is used not limited to, control devices and initial startup date of the new affected for: monitors. source or the first day of the calendar (1) Containing and conveying vapors Storage tank * * * month following the month in which displaced during the loading of (3) Bottoms receivers; startup occurs. Once selected, the date transport vehicles to a control device; * * * * * with which the calculations begin (2) Containing and directly conveying Surge control vessel means feed cannot be changed. vapors displaced during the loading of drums, recycle drums, and intermediate (ii) The initial 3-year rolling average containers; or vessels. Surge control vessels are used is based on the projected maximum (3) Vapor balancing. This does not within chemical manufacturing facility-level annual loading volume for include any of the vapor collection processes when in-process storage, each of the 3 years following the equipment that is installed on the mixing, or management of flow rates or selected beginning calculation date. The transport vehicle. volumes is needed to assist in second 3-year rolling average is based production of a product. on actual facility-level loading volume * * * * * * * * * * for the first year of operation plus a new 17. Table 2 to Subpart EEEE of Part 63 Total actual annual facility-level projected maximum facility-level is amended by revising entries 1, 6, 7, organic liquid loading volume means annual loading volume for second and 8, 9, and 10 to read as follows:

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TABLE 2 TO SUBPART EEEE OF PART 63.—EMISSION LIMITS *******

If you own or operate . . . And if . . . Then you must . . .

1. A storage tank at an existing affected a. The stored organic liquid is not crude oil i. Reduce emissions of total organic HAP (or, source with a capacity ≥18.9 cubic meters and if the annual average true vapor pres- upon approval, TOC) by at least 95 weight- (5,000 gallons) and <189.3 cubic meters sure of the total Table 1 organic HAP in the percent or, as an option, to an exhaust con- (50,000 gallons). stored organic liquid is ≥27.6 kilopascals centration less than or equal to 20 ppmv, on (4.0 psia) and <76.6 kilopascals (11.1 psia). a dry basis corrected to 3% oxygen for com- bustion devices using supplemental com- bustion air, by venting emissions through a closed vent system to any combination of control devices meeting the applicable re- quirements of 40 CFR part 63, subpart SS; OR ii. Comply with the work practice standards specified in Table 4 to this subpart, items 1.a or 1.b for tanks storing liquids described in that table...... b. The stored organic liquid is crude oil ...... i. See the requirement in item 1.a.i or 1.a.ii of this table.

******* 6. A storage tank at an existing, reconstructed, a. The stored organic liquid is not crude oil i. Reduce emissions of total organic HAP (or, or new affected source meeting the capacity and if the annual average true vapor pres- upon approval, TOC) by at least 95 weight- criteria specified in Table 2 of this subpart, sure of the total Table 1 organic HAP in the percent or, as an option, to an exhaust con- items 1 through 5. stored organic liquid is ≥76.6 kilopascals centration less than or equal to 20 ppmv, on (11.1 psia). a dry basis corrected to 3% oxygen for com- bustion devices using supplemental com- bustion air, by venting emissions through a closed vent system to any combination of control devices meeting the applicable re- quirements of 40 CFR part 63, subpart SS; OR ii. Comply with the work practice standards specified in Table 4 to this subpart, item 2.a, for tanks storing the liquids described in that table. 7. A transfer rack at an existing facility where a. The total Table 1 organic HAP content of i. For all such loading arms at the rack, reduce the total actual annual facility-level organic the organic liquid being loaded through one emissions of total organic HAP (or, upon ap- liquid loading volume through transfer racks or more of the transfer rack’s arms is at proval, TOC) from the loading of organic liq- is equal to or greater than 800,000 gallons least 98% by weight and is being loaded uids either by venting the emissions that and less than 10 million gallons. into a transport vehicle. occur during loading through a closed vent system to any combination of control de- vices meeting the applicable requirements of 40 CFR part 63, subpart SS, achieving at least 98 weight-percent HAP reduction, OR, as an option, to an exhaust concentration less than or equal to 20 ppmv, on a dry basis corrected to 3% oxygen for combus- tion devices using supplemental combustion air; OR ii. During the loading of organic liquids, comply with the work practice standards specified in item 3 of Table 4 to this subpart. 8. A transfer rack at an existing facility where a. One or more of the transfer rack’s arms is i. See the requirements in items 7.a.i and 7.a.ii the total actual annual facility-level organic loading an organic liquid into a transport ve- of this table. liquid loading volume through transfer racks hicle. is ≥10 million gallons. 9. A transfer rack at a new facility where the a. The total Table 1 organic HAP content of i. See the requirements in items 7.a.i and 7.a.ii total actual annual facility-level organic liquid the organic liquid being loaded through one of this table. loading volume through transfer racks is or more of the transfer rack’s arms is at less than 800,000 gallons. least 25% by weight and is being loaded into a transport vehicle. b. One or more of the transfer rack’s arms is i. For all such loading arms at the rack during filling a container with a capacity equal to or the loading of organic liquids, comply with greater than 55 gallons. the provisions of §§ 63.924 through 63.927 of 40 CFR part 63, Subpart PP—National Emission Standards for Containers, Con- tainer Level 3 controls; OR ii. During the loading of organic liquids, comply with the work practice standards specified in item 3.a of Table 4 to this subpart.

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TABLE 2 TO SUBPART EEEE OF PART 63.—EMISSION LIMITS—Continued *******

If you own or operate . . . And if . . . Then you must . . .

10. A transfer rack at a new facility where the a. One or more of the transfer rack’s arms is i. See the requirements in items 7.a.i and 7.a.ii total actual annual facility-level organic liquid loading an organic liquid into a transport ve- of this table. loading volume through transfer racks is hicle. i. For all such loading arms at the rack during equal to or greater than 800,000 gallons. b. One or more of the transfer rack’s arms is the loading of organic liquids, comply with filling a container with a capacity equal to or the provisions of §§ 63.924 through 63.927 greater than 55 gallons. of 40 CFR part 63, Subpart PP—National Emission Standards for Containers, Con- tainer Level 3 controls; OR ii. During the loading of organic liquids, comply with the work practice standards specified in item 3.a of Table 4 to this subpart.

18. Table 3 to Subpart EEEE of Part 63 is amended by revising entries 3, 5, and 6 to read as follows:

TABLE 3 TO SUBPART EEEE OF PART 63.—OPERATING LIMITS—HIGH THROUGHPUT TRANSFER RACKS *******

For each existing, each reconstructed, and each new affected source using . . . You must . . .

******* 3. An absorber to comply with an emission limit in a. Maintain the daily average concentration level of organic compounds in the absorber Table 2 to this subpart. exhaust less than or equal to the reference concentration established during the de- sign evaluation or performance test that demonstrated compliance with the emission limit; OR b. Maintain the daily average scrubbing liquid temperature less than or equal to the ref- erence temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND Maintain the difference be- tween the specific gravities of the saturated and fresh scrubbing fluids greater than or equal to the difference established during the design evaluation or performance test that demonstrated compliance with the emission limit.

******* 5. An adsorption system with adsorbent regeneration a. Maintain the daily average concentration level of organic compounds in the adsorber to comply with an emission limit in Table 2 to this exhaust less than or equal to the reference concentration established during the de- subpart. sign evaluation or performance test that demonstrated compliance with the emission limit; OR b. Maintain the total regeneration stream mass flow during the adsorption bed regenera- tion cycle greater than or equal to the reference stream mass flow established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND Before the adsorption cycle commences, achieve and maintain the temperature of the adsorption bed after regeneration less than or equal to the ref- erence temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND Achieve a pressure reduction during each adsorption bed regeneration cycle greater than or equal to the pressure reduction established during the design evaluation or performance test that dem- onstrated compliance with the emission limit. 6. An adsorption system without adsorbent regenera- a. Maintain the daily average concentration level of organic compounds in the adsorber tion to comply with an emission limit in Table 2 to exhaust less than or equal to the reference concentration established during the de- this subpart. sign evaluation or performance test that demonstrated compliance with the emission limit; OR b. Replace the existing adsorbent in each segment of the bed with an adsorbent that meets the replacement specifications established during the design evaluation or per- formance test before the age of the adsorbent exceeds the maximum allowable age established during the design evaluation or performance test that demonstrated com- pliance with the emission limit; AND Maintain the temperature of the adsorption bed less than or equal to the reference temperature established during the design evalua- tion or performance test that demonstrated compliance with the emission limit.

*******

19. Table 4 to Subpart EEEE to Part 63 is revised to read as follows:

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TABLE 4 TO SUBPART EEEE OF PART 63.—WORK PRACTICE STANDARDS [As stated in § 63.2346, you may elect to comply with one of the work practice standards for existing, reconstructed, or new affected sources in the following table. If you elect to do so, . . .]

For each . . . You must . . .

1. Storage tank at an existing, reconstructed, or a. Comply with the requirements of 40 CFR part 63, subpart WW (control level 2), if you elect new affected source meeting any set of tank to meet 40 CFR part 63, subpart WW (control level 2), requirements as an alternative to the capacity and organic HAP vapor pressure cri- emission limit in Table 2 to this subpart, items 1 through 5; or teria specified in Table 2 to this subpart, b. Comply with the requirements of § 63.984 for routing emissions to a fuel gas system or items 1 through 5. back to a process. 2. Storage tank at an existing, reconstructed, or a. Comply with the requirements of § 63.984 for routing emissions to a fuel gas system or new affected source meeting any set of tank back to a process. capacity and organic HAP vapor pressure cri- teria specified in Table 2 to this subpart, item 6. 3. Transfer rack subject to control based on the a. If the option of a vapor balancing system is selected, install and, during the loading of or- criteria specified in Table 2 to this subpart, ganic liquids, operate a system that meets the requirements in Table 7 to this subpart, item items 7 through 10, at an existing, recon- 3.b.i. and item 3.b.ii, as applicable; or structed, or new affected source. b. Comply with the requirements of § 63.984 during the loading of organic liquids, for routing emissions to a fuel gas system or back to a process. 4. Pump, valve, and sampling connection that Comply with the requirements for pumps, valves, and sampling connections in 40 CFR part operates in organic liquids service at least 63, subpart TT (control level 1), subpart UU (control level 2), or subpart H. 300 hours per year at an existing, recon- structed, or new affected source. 5. Transport vehicles equipped with vapor col- Follow the steps in 40 CFR 60.502(e) to ensure that organic liquids are loaded only into lection equipment that are loaded at transfer vapor-tight transport vehicles, and comply with the provisions in 40 CFR 60.502(f), (g), (h), racks that are subject to control based on the and (i), except substitute the term transport vehicle at each occurrence of tank truck or gas- criteria specified in Table 2 to this subpart, oline tank truck in those paragraphs. items 7 through 10. 6. Transport vehicles equipped without vapor Ensure that organic liquids are loaded only into transport vehicles that have a current certifi- collection equipment that are loaded at trans- cation in accordance with the U.S. DOT pressure test requirements in 49 CFR 180 (cargo fer racks that are subject to control based on tanks) or 49 CFR 173.31 (tank cars). the criteria specified in Table 2 to this sub- part, items 7 through 10.

20. Table 5 to Subpart EEEE of Part 63 is revised to read as follows:

TABLE 5 TO SUBPART EEEE OF PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS AND DESIGN EVALUATIONS [As stated in §§ 63.2354(a) and 63.2362, you must comply with the requirements for performance tests and design evaluations for existing, reconstructed, or new affected sources as follows]

According to the fol- For . . . You must conduct According to . . . Using . . . To determine . . . lowing requirements ......

1. Each existing, each a. A performance test i. § 63.985(b)(1)(ii), (1) EPA Method 1 or (A) Sampling port lo- (i) Sampling sites reconstructed, and to determine the or- § 63.988(b), 1A in appendix A of cations and the re- must be located at each new affected ganic HAP (or, § 63.990(b), or 40 CFR part 60, as quired number of the inlet and outlet source using a upon approval, § 63.995(b). appropriate. traverse points. of each control de- nonflare control de- TOC) control effi- vice if complying vice to comply with ciency of each with the control effi- an emission limit in nonflare control de- ciency requirement Table 2 to this sub- vice, OR the ex- or at the outlet of part, items 1 through haust concentration the control device if 10. of each combustion complying with the device; OR exhaust concentra- tion requirement; AND (ii) the outlet sam- pling site must be located at each control device prior to any releases to the atmosphere. (2) EPA Method 2, (A) Stack gas velocity See the requirements 2A, 2C, 2D, 2F, or and volumetric flow in items 1.a.i.(1)(A) 2G in appendix A rate. (i) and (ii) of this of 40 CFR part 60, table. as appropriate.

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TABLE 5 TO SUBPART EEEE OF PART 63.—REQUIREMENTS FOR PERFORMANCE TESTS AND DESIGN EVALUATIONS— Continued [As stated in §§ 63.2354(a) and 63.2362, you must comply with the requirements for performance tests and design evaluations for existing, reconstructed, or new affected sources as follows]

According to the fol- For . . . You must conduct According to . . . Using . . . To determine . . . lowing requirements ......

(3) EPA Method 3 or (A) Concentration of See the requirements 3B in appendix A of CO2 and O2 and in items 1.a.i.(1)(A) 40 CFR part 60, as dry molecular (i) and (ii) of this appropriate. weight of the stack table. gas. (4) EPA Method 4 in (A) Moisture content See the requirements appendix A of 40 of the stack gas. in items 1.a.i.(1)(A) CFR part 60. (i) and (ii) of this table. (5) EPA Method 18, (A) Total organic HAP (i) The organic HAP 25, or 25A in ap- (or, upon approval, used for the cali- pendix A of 40 CFR TOC), or formalde- bration gas for EPA part 60, as appro- hyde emissions. Method 25A must priate, or EPA be the single or- Method 316 in ap- ganic HAP rep- pendix A of 40 CFR resenting the larg- part 63 for meas- est percent by vol- uring formaldehyde. ume of emissions; AND (ii) During the per- formance test, you must establish the operating param- eter limits within which total organic HAP (or, upon ap- proval, TOC) emis- sions are reduced by the required weight-percent or, as an option for nonflare combus- tion devices, to 20 ppmv exhaust con- centration. b. A design evalua- § 63.985(b)(1)(i) ...... During a design eval- tion (for nonflare uation, you must control devices) to establish the oper- determine the or- ating parameter ganic HAP (or, limits within which upon approval, total organic HAP, TOC) control effi- (or, upon approval, ciency of each TOC) emissions nonflare control de- are reduced by at vice, or the exhaust least 95 weight-per- concentration of cent or as an op- each combustion tion to 20 ppmv ex- control device. haust concentra- tion. 2. Each transport vehi- A performance test to ...... EPA Method 27 in Vapor tightness ...... The pressure change cle that you own determine the appendix A of 40 in the tank must be that is equipped with vapor tightness of CFR part 60. no more than 250 vapor collection the tank and then pascals (1 inch of equipment and is repair as needed water) in 5 minutes loaded with organic until it passes the after it is pressur- liquids at a transfer test. ized to 4,500 rack that is subject pascals (18 inches to control based on of water). the criteria specified in Table 2 to this subpart, items 7 through 10, at an existing, recon- structed, or new af- fected source.

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21. Table 6 to Subpart EEEE of Part 63 is amended by revising entry 2 to read as follows:

TABLE 6 TO SUBPART EEEE OF PART 63.—INITIAL COMPLIANCE WITH EMISSION LIMITS *******

You have demonstrated initial compliance if For each . . . For the following emission limit ......

******* 2. Transfer rack that is subject to control Reduce total organic HAP (or, upon approval, Total organic HAP (or, upon approval, TOC) based on the criteria specified in Table 2 to TOC) emissions from the loading of organic emissions from the loading of organic liq- this subpart, items 7 through 10, at an exist- liquids by at least 98 weight-percent, or as uids, based on the results of the perform- ing, reconstructed, or new affected source. an option for combustion devices to an ex- ance testing or design evaluation specified haust concentration of ≤ 20 ppmv. in Table 5 to this subpart, item 1.a or 1.b, respectively, are reduced by at least 98 weight-percent or as an option for combus- tion devices to an exhaust concentration of ≤ 20 ppmv.

22. Table 7 to Subpart EEEE of Part 63 is revised to read as follows:

TABLE 7 TO SUBPART EEEE OF PART 63.—INITIAL COMPLIANCE WITH WORK PRACTICE STANDARDS

You have demonstrated initial compliance if For each . . . If you ......

1. Storage tank at an existing affected source a. Install a floating roof or equivalent control i. After emptying and degassing, you visually meeting either set of tank capacity and liquid that meets the requirements in Table 4 to inspect each internal floating roof before the organic HAP vapor pressure criteria specified this subpart, item 1.a. refilling of the storage tank and perform in Table 2 to this subpart, items 1 or 2. seal gap inspections of the primary and secondary rim seals of each external float- ing roof within 90 days after the refilling of the storage tank. b. Route emissions to a fuel gas system or i. You meet the requirements in § 63.984(b) back to a process. and submit the statement of connection re- quired by § 63.984(c). 2. Storage tank at a reconstructed or new af- a. Install a floating roof or equivalent control i. You visually inspect each internal floating fected source meeting any set of tank capac- that meets the requirements in Table 4 to roof or before the initial filling of the storage ity and liquid organic HAP vapor pressure cri- this subpart, item 1.a. tank, and perform seal gap inspections of teria specified in Table 2 to this subpart, the primary and secondary rim seals of items 3 through 5. each external floating roof within 90 days after the initial filling of the storage tank. b. Route emissions to a fuel gas system or i. See item 1.b.i of this table. back to a process. 3. Transfer rack that is subject to control based a. Load organic liquids only into transport ve- i. You comply with the provisions specified in on the criteria specified in Table 2 to this hicles having current vapor tightness certifi- Table 4 to this subpart, item 5 or item 6, as subpart, items 7 through 10, at an existing, cation as described in Table 4 to this sub- applicable. reconstructed, or new affected source. part, item 5 and item 6. b. Install and, during the loading of organic i. You design and operate the vapor balancing liquids, operate a vapor balancing system. system to route organic HAP vapors dis- placed from loading of organic liquids into transport vehicles to the storage tank from which the liquid being loaded originated or to a process unit. ii. You design and operate the vapor bal- ancing system to route organic HAP vaports displaced from loading of organic liquids into containers directly (e.g., no in- tervening tank or containment area such as a room) to the storage tank from which the liquid being loaded originated or to a proc- ess unit. c. Route emissions to a fuel gas system or i. See item 1.b.i of this table. bank to a process. 4. Equipment leak component, as defined in a. Carry out a leak detection and repair pro- i. You specify which one of the control pro- § 63.2406, that operates in organic liquids gram or equivalent control according to one grams listed in Table 4 to this subpart you service ≥300 hours per year at an existing, of the subparts listed in Table 4 to this sub- have selected, OR reconstructed, or new affected source. part, item 4.a. ii. Provide written specifications for your equivalent control approach.

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23. Table 8 to Subpart EEEE of Part 63 is revised to read as follows:

TABLE 8 TO SUBPART EEEE OF PART 63.—CONTINUOUS COMPLIANCE WITH EMISSION LIMITS [As stated in §§ 63.2378(a) and (b) and 63.2390(b), you must show continuous compliance with the emission limits for existing, reconstructed, or new affected sources according to the following table]

You must demonstrate continuous compliance For each . . . For the following emission limit . . . by . . .

1. Storage tank at an existing, reconstructed, or a. Reduce total organic HAP (or, upon ap- i. Performing CMS monitoring and collecting new affected source meeting any set of tank proval, TOC) emissions from the closed data according to §§ 63.2366, 63.2374, and capacity and liquid organic HAP vapor pres- vent system and control devices by 95 63.2378; AND sure criteria specified in Table 2 to this sub- weight-percent or greater, or as an option ii. Maintaining the operating limits established part, items 1 through 6. to 20 ppmv or less of total organic HAP (or, during the design evaluation or perform- upon approval, TOC) in the exhaust of ance test that demonstrated compliance combustion devices. with the emission limit. 2. Transfer rack that is subject to control based a. Reduce total organic HAP (or, upon ap- i. Performing CMS monitoring and collecting on the criteria specified in Table 2 to this proval, TOC) emissions during the loading data according to §§ 63.2366, 63.2374, and subpart, items 7 through 10, at an existing, of organic liquids from the closed vent sys- 63.2378 during loading of organic AND reconstructed, or new affected source. tem and control device by 98 weight-per- ii. Maintaining the operating limits established cent or greater, or as an option to 20 ppmv during the design evaluation or perform- or less of total organic HAP (or, upon ap- ance test that demonstrated compliance proval, TOC) in the exhaust of combustion with the emission limit during the loading of devices. organic liquids.

24. Table 9 to Subpart EEEE of Part 63 is amended by revising entries 2, 3, 4, 5, 6, and 7 to read as follows:

TABLE 9 TO SUBPART EEEE OF PART 63.—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS—HIGH THROUGHPUT TRANSFER RACKS *******

For each existing, reconstructed and each new You must demonstrate continuous compliance affected source using . . . For the following operating limit . . . by . . .

******* 2. A catalytic oxidizer to comply with an emis- a. Replace the existing catalyst bed before the i. Replacing the existing catalyst bed before sion limit in Table 2 to this subpart. age of the bed exceeds the maximum allow- the age of the bed exceeds the maximum able age established during the design eval- allowable age established during the design uation or performance test that dem- evaluation or performance test that dem- onstrated compliance with the emission onstrated compliance with the emission limit; AND limit; AND ii. Keeping the applicable records required in § 63.998. b. Maintain the daily average temperature at i. Continuously monitoring and recording the the inlet of the catalyst bed greater than or temperature at the inlet of the catalyst bed equal to the reference temperature estab- at least every 15 minutes and maintaining lished during the design evaluation or per- the daily average temperature at the inlet of formance test that demonstrated compliance the catalyst bed greater than or equal to the with the emission limit; AND reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND ii. Keeping the applicable records required in § 63.998. c. Maintain the daily average temperature dif- i. Continuously monitoring and recording the ference across the catalyst bed greater than temperature at the outlet of the catalyst bed or equal to the minimum temperature dif- every 15 minutes and maintaining the daily ference established during the design eval- average temperature difference across the uation or performance test that dem- catalyst bed greater than or equal to the onstrated compliance with the emission limit. minumum temperature difference estab- lished during the design evaluation or per- formance test that demonstrated compliance with the emission limit; AND ii. Keeping the applicable records required § 63.998.

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TABLE 9 TO SUBPART EEEE OF PART 63.—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS—HIGH THROUGHPUT TRANSFER RACKS—Continued *******

For each existing, reconstructed and each new You must demonstrate continuous compliance affected source using . . . For the following operating limit . . . by . . .

3. An absorber to comply with an emission a. Maintain the daily average concentration i. Continuously monitoring the organic con- limit in Table 2 to this subpart. level of organic compounds in the absorber centration in the absorber exhaust and exhaust less than or equal to the reference maintaining the daily average concentration concentration established during the design less than or equal to the reference con- evaluation test that demonstrated compli- centration established during the design ance with the emission limit; OR evaluation or performance test that dem- onstrated compliance with the emission limit; AND ii. Keeping the applicable records required in § 63.998. b. Maintain the daily average scrubbing liquid i. Continuously monitoring the scrubbing liquid temperature less than or equal to the ref- temperature and maintaining the daily aver- erence temperature established during the age temperature less than or equal to the design evaluation or performance test that reference temperature established during demonstrated compliance with the emission the design evaluation or performance test limit; AND. that demonstrated compliance with the Maintain the difference between the specific emission limit; AND gravities of the saturated and fresh scrub- ii. Maintaining the difference between the spe- bing fluids greater than or equal to the dif- cific gravities greater than or equal to the ference established during the design eval- difference established during the design uation or performance test that dem- evaluation or performance test that dem- onstrated compliance with the emission limit. onstrated compliance with the emission limit; AND iii. Keeping the applicable records required in § 63.998. 4. A condenser to comply with an emission a. Maintain the daily average concentration i. Continuously monitoring the organic con- limit in Table 2 to this subpart. level of organic compounds at the exit of the centration at the condenser exit and main- condenser less than or equal to the ref- taining the daily average concentration less erence concentration established during the than or equal to the reference concentration design evaluation or performance test that established during the design evaluation or demonstrated compliance with the emission performance test that demonstrated compli- limit; OR ance with the emission limit: AND ii. Keeping the applicable records required in § 63.998. b. Maintain the daily average condenser exit i. Continuously monitoring and recording the temperature less than or equal to the ref- temperature at the exit of the condenser at erence temperature established during the least every 15 minutes and maintaining the design evaluation or performance test that daily average temperature less than or demonstrated compliance with the emission equal to the reference temperature estab- limit. lished during the design evaluation or per- formance test that demonstrated compliance with the emission limit; AND ii. Keeping the applicable records required in § 63.998. 5. An adsorption system with adsorbent regen- a. Maintain the daily average concentration i. Continuously monitoring the daily average eration to comply with an emission limit in level of organic compounds in the adsorber organic concentration in the adsorber ex- Table 2 to this subpart. exhaust less than or equal to the reference haust and maintaining the concentration concentration established during the design less than or equal to the reference con- evaluation or performance test that dem- centration established during the design onstrated compliance with the emission evaluation or performance test that dem- limit; OR onstrated compliance with the emission limit; AND ii. Keeping the applicable records required in § 63.998. b. Maintain the total regeneration stream mass i. Maintaining the total regeneration stream flow during the adsorption bed regeneration mass flow during the adsorption bed regen- cycle greater than or equal to the reference eration cycle greater than or equal to the stream mass flow established during the de- reference stream mass flow established dur- sign evaluation or performance test that ing the design evaluation or performance demonstrated compliance with the emission test that demonstrated with the emission limit; AND limit; AND Before the adsorption cycle commences, ii. Maintaining the temperature of the adsorp- achieve and maintain the temperature of the tion bed after regeneration less than or adsorption bed after regeneration less than equal to the reference temperature estab- or equal to the reference temperature estab- lished during the design evaluation or per- lished during the design evaluation or per- formance test that demonstrated compliance formance test; AND with the emission limit: AND

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TABLE 9 TO SUBPART EEEE OF PART 63.—CONTINUOUS COMPLIANCE WITH OPERATING LIMITS—HIGH THROUGHPUT TRANSFER RACKS—Continued *******

For each existing, reconstructed and each new You must demonstrate continuous compliance affected source using . . . For the following operating limit . . . by . . .

Achieve greater than or equal to the pressure iii. Achieving greater than or equal to the pres- reduction during the adsorption bed regen- sure reduction during the regeneration cycle eration cycle established during the design established during the design evaluation or evaluation or performance test that dem- performance test that demonstrated compli- onstrated compliance with the emission ance with the emission limit; AND limit. iv. Keeping the applicable records required in § 63.998. 6. An adsorption system without adsorbent re- a. Maintain the daily average concentration i. Continuously monitoring the organic con- generation to comply with an emission limit level of organic compounds in the adsorber centration in the adsorber exhaust and in Table 2 to this subpart. exhaust less than or equal to the reference maintaining the concentration less than or concentration established during the design equal to the reference concentration estab- evaluation or performance test that dem- lished during the design evaluation or per- onstrated compliance with the emission formance test that demonstrated compliance limit; OR with the emission limit; AND ii. Keeping the applicable records required in § 63.998. b. Replace the existing adsorbent in each seg- i. Replacing the existing adsorbent, in each ment of the bed before the age of the ad- segment of the bed with an adsorbent that sorbent exceeds the maximum allowable meets the replacement specifications estab- age established during the design evalua- lished during the design evaluation or per- tion or performance test that demonstrated formance test before the age of the adsorb- compliance with the emission limit; AND ent exceeds the maximum allowable age Maintain the temperature of the adsorption established during the design evaluation or bed less than or equal to the reference tem- performance test that demonstrated compli- perature established during the design eval- ance with the emission limit; AND uation or performance test that dem- ii. Maintaining the temperature of the adsorp- onstrated compliance with the emission limit. tion bed less than or equal to the reference temperature established during the design evaluation or performance test that dem- onstrated compliance with the emission limit; AND iii. Keeping the applicable records required in § 63.998. 7. A flare to comply with an emission limit in a. Maintain a pilot flame in the flare at all i. Continuously operating a device that detects Table 2 to this subpart. times that vapors may be vented to the flare the presence of the pilot flame; (§ 63.11(b)(5)); AND ii. Keeping the applicable records required in § 63.998. b. Maintain a flare flame at all times that va- i. Maintaining a flare flame at all times that va- pors are being vented to the flare pors are being vented to the flare; AND § 63.11(b)(5)); AND ii. Keeping the applicable records required in § 63.998. c. Operate the flare with no visible emissions, i. Operating the flare with no visible emissions except for up to 5 minutes in any 2 con- exceeding the amount allowed; AND secutive hours (§ 63.11(b)(4)); AND EITHER ii. Keeping the applicable records required in § 63.998. d.1. Operate the flare with an exit velocity that i. Operating the flare within the applicable exit is within the applicable limits in § 63.11(b)(7) velocity limits; AND and (8) and with a net heating value of the ii. Operating the flare with the gas heating gas being combusted greater than the appli- value greater than the applicable minimum cable minimum value in § 63.11(b)(6)(ii); OR value; AND iii. Keeping the applicable records required in § 63.998. 2. Adhere to the requirements in i. Operating the flare within the applicable lim- § 63.11(b)(6)(i). its in § 63.11(b)(6)(i); AND ii. Keeping the applicable records required in § 63.998.

*******

25. Table 10 to Subpart EEEE of Part 63 is amended by revising entries 1, 2, 4, and 5 to read as follows:

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TABLE 10 TO SUBPART EEEE OF PART 63.—CONTINUOUS COMPLIANCE WITH WORK PRACTICE STANDARDS *******

You must demonstrate continuous compliance For each . . . For the following standard . . . by . . .

1. Internal floating roof (IFR) storage tank at a. Install a floating roof designed and operated i. Visually inspecting the floating roof deck, an existing, reconstructed, or new affected according to the applicable specifications in deck fittings, and rim seals of each IFR source meeting any set of tank capacity, § 63.1063(a) and (b). once per year (§ 63.1063(d)(2)); AND and vapor pressure criteria specified in ii. Visually inspecting the floating roof deck, Table 2 to this subpart, items 1 through 5. deck fittings, and rim seals of each IFR ei- ther each time the storage tank is com- pletely emptied and degassed or every 10 years, whichever occurs first (§ 63.1063(c)(1), (d)(1), and (e)); AND iii. Keeping the tank records required in § 63.1065. 2. External floating roof (EFR) storage tank at a. Install a floating roof designed and operated i. Visually inspecting the floating roof deck, an existing, reconstructed, or new affected according to the applicable specifications in deck fittings, and rim seals of each EFR ei- source meeting any set of tank capacity, § 63.1063(a) and (b). ther each time the storage tank is com- and vapor pressure criteria specified in pletely emptied and degassed or every 10 Table 2 to this subpart, items 1 through 5. years, whichever occurs first (§ 63.1063(c)(2), (d), and (e)); AND ii. Performing seal gap measurements on the secondary seal of each EFR at least once every year, and on the primary seal of each EFR at least every 5 years (§ 63.1063(c)(2), (d), and (e)); AND iii. Keeping the tank records required in § 63.1065.

******* 4. Transfer rack that is subject to control a. Ensure that organic liquids are loaded into i. Ensuring that organic liquids are loaded into based on the criteria specified in Table 2 to transport vehicles in accordance with the re- transport vehicles in accordance with the re- this subpart, items 7 through 10, at an exist- quirements in Table 4 to this subpart, items quirements in Table 4 to this subpart, items ing, reconstructed, or new affected source. 5 or 6, as applicable. 5 or 6, as applicable. b. Install and, during the loading of organic liq- i. Monitoring each potential source of vapor uids, operate a vapor balancing system. leakage in the system quarterly during the loading of a transport vehicle or the filling of a container using the methods and proce- dures described in the rule requirements se- lected for the work practice standard for equipment leak components as specified in Table 4 to this subpart, item 4. An instru- ment reading of 500 ppmv defines a leak. Repair of leaks is performed according to the repair requirements specified in your se- lected equipment leak standards. c. Route emissions to a fuel gas system or i. Continuing to meet the requirements speci- back to a process. fied in § 63.984(b). 5. Equipment leak component, as defined in a. Comply with the requirements of 40 CFR i. Carrying out a leak detection and repair pro- § 63.2406, that operates in organic liquids part 63, subpart TT, UU, or H. gram in accordance with the subpart se- service at least 300 hours per year. lected from the list in item 5.a of this table.

*******

26. Table 11 to Subpart EEEE of Part 63 is revised to read as follows:

TABLE 11 TO SUBPART EEEE OF PART 63.—REQUIREMENTS FOR REPORTS [As stated in § 63.2386(a) and (b), you must submit compliance reports and startup, shutdown, and malfunction reports according to the following table]

You must submit . . . The report must contain . . . You must submit the report . . .

1. Compliance report, or Periodic Report ...... a. The information specified in § 63.2386(c), Semiannually, and it must be postmarked by (d), (e). If you had a startup, shutdown, or January 31 or July 31, in accordance with malfunction during the reporting period and § 63.2386(b). you took actions consistent with your SSM plan, the report must also include the infor- mation in § 63.10(d)(5)(i); AND

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TABLE 11 TO SUBPART EEEE OF PART 63.—REQUIREMENTS FOR REPORTS—Continued [As stated in § 63.2386(a) and (b), you must submit compliance reports and startup, shutdown, and malfunction reports according to the following table]

You must submit . . . The report must contain . . . You must submit the report . . .

b. The information required by 40 CFR part See the submission requirement in item 1.a of 63, subpart TT, UU, or H, as applicable, for this table. pumps, valves, and sampling connections; AND c. The information required by § 63.999(c); See the submission requirement in item 1.a of AND this table. d. The information specified in § 63.1066(b) See the submission requirement in item 1.a of including: notification of inspection, inspec- this table. tion results, requests for alternate devices, and requests for extensions, as applicable. 2. Immediate startup, shutdown, and malfunc- a. The information required in § 63.10(d)(5)(ii) i. By letter within 7 working days after the end tion report if you had a startup, shutdown, or of the event unless you have made alter- malfunction during the reporting period, and native arrangements the permitting authority you took an action that was not consistent (§ 63.10(d)(5)(ii)). with your SSM plan.

28. Table 12 to Subpart EEEE of Part § 63.9(j), and § 63.10(e)(3)(iv)–(v) to read 63 is amended by revising entries as follows: § 63.6(e)(3), § 63.7(g), § 63.9(h)(1)–(6),

TABLE 12 TO SUBPART EEEE OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART EEEE *******

Citation Subject Brief description Applies to subpart EEEE

******* § 63.6(e)(3) ...... Startup, Shutdown, Requirement for SSM plan; content of SSM Yes; however, the 2-day reporting require- and Malfunction plan; actions during SSM. ment in paragraph § 63.6(e)(3)(iv) does not (SSM) Plan. apply and § 63.6(e)(3) does not apply to emissions sources not requiring control.

******* § 63.7(g) ...... Performance Test Must include raw data in performance test re- Yes; however, performance test data is to be Data Analysis. port; must submit performance test data 60 submitted with the NOCS according to days after end of test with the notification schedule specified in § 63.9(h)(1)–(6) of of compliance status (NOCS); keep data this table. for 5 years.

******* § 63.9(h)(1)–(6) ...... Notification of Compli- Contents due 60 days after end of perform- Yes; however, there are no opacity standards ance Status. ance test or other compliance demonstra- and all initial NOCS, including all perform- tion, except for opacity/VE, which are due ance test data, are to be submitted at the 30 days after; when to submit to Federal same time, either within 240 days after the vs. State authority. compliance date or within 60 days after the last performance test demonstrating com- pliance has been completed, whichever oc- curs first.

******* § 63.9(j) ...... Change in Previous Must submit within 15 days after the change Yes; except for emission sources not re- Information. quired to be controlled as specified in § 63.2343.

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TABLE 12 TO SUBPART EEEE OF PART 63.—APPLICABILITY OF GENERAL PROVISIONS TO SUBPART EEEE—Continued *******

Citation Subject Brief description Applies to subpart EEEE

******* § 63.10(e)(3)(iv)–(v) ..... Excess Emissions Re- Requirement to revert to quarterly submission Yes. ports. if there is an excess emissions or param- eter monitoring exceedance (now defined as deviations); provision to request semi- annual reporting after compliance for 1 year; submit report by 30th day following end of quarter or calendar half; if there has not been an exceedance or excess emis- sions (now defined as deviations), report contents in a statement that there have been no deviations; must submit report containing all of the information in §§ 63.8(c)(7)–(8) and 63.10(c)(5)–(13).

*******

[FR Doc. 05–22108 Filed 11–10–05; 8:45 am] BILLING CODE 6560–50–P

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Part III

Environmental Protection Agency 40 CFR Part 80 Revisions to the Requirements on Variability in the Composition of Additives Certified Under the Gasoline Deposit Control Program; Final Rule

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ENVIRONMENTAL PROTECTION addition of clarifying language. The Web site listed below. Electronic copies AGENCY changes to the regulatory requirements of this preamble, regulatory language, made by this action address additive and other documents associated with 40 CFR Part 80 manufacturer concerns that compliance today’s final rule are available from the [OAR–2004–0029; FRL–7996–2] with the previous requirements would EPA Office of Transportation and Air be burdensome and difficult, while Quality Web site listed below shortly RIN 2060–AK62 maintaining the emissions control after the rule is signed by the benefits of the gasoline deposit control Administrator. This service is free of Revisions to the Requirements on program. charge, except any cost that you already Variability in the Composition of DATES: This final rule is effective on incur for connecting to the Internet. Additives Certified Under the Gasoline November 14, 2005. Deposit Control Program; Final Rule EPA Federal Register Web site: http:// ADDRESSES: EPA established a docket www.epa.gov/docs/fedrgstr/epa-air/. AGENCY: Environmental Protection for this action under Docket ID No. (Either select a desired date or use the Agency (EPA). OAR–2004–0029.1 All documents in the Search feature.) ACTION: Final Rule. docket are listed in the EDOCKET index Please note that due to differences at http://www.epa.gov/edocket. between the software used to develop SUMMARY: On November 5, 2001, we Although listed in the index, some the document and the software into published a direct final rule and material is not publicly available, i.e., which the document may be concurrent notice of proposed CBI or other information whose downloaded, changes in format, page rulemaking to revise the requirements disclosure is restricted by statute. length, etc., may occur. on variability in the composition of Certain other material, such as additives certified EPA’s Gasoline copyrighted material, is not placed on FOR FURTHER INFORMATION CONTACT: Jeff Deposit Control Program. We received the Internet and will be publicly Herzog, Assessment and Standards adverse comments on two of the available only in hard copy form. Division, Office of Transportation and amendments contained in the direct Publicly available docket materials are Air Quality (Mail Code: AAFUEL), final rule and proposed rule. available either electronically in Environmental Protection Agency, Consequently, we issued a partial EDOCKET or in hard copy at the EPA National Vehicle and Fuels Emission withdrawal notice on January 24, 2002, Docket Center, EPA/DC, EPA West, Laboratory, 2000 Traverwood, Ann to withdraw the amendments that Room B102, 1301 Constitution Ave., Arbor, MI 48105; telephone number: received adverse comments. This action NW., Washington, DC. The Docket’s (734) 214–4227, fax number: (734) 214– addresses the public comments received Public Reading room is open from 8:30 4816, e-mail address: on the withdrawn amendments. We a.m. to 4:30 p.m., Monday through [email protected]. found the adverse comments on the Friday, excluding legal holidays. The SUPPLEMENTARY INFORMATION: withdrawn amendments unpersuasive. telephone number for the Public However, we agreed with one Reading Room is (202) 566–1744, and I. General Information commenter’s suggestion that additional the telephone number for the EPA A. Does This Action Apply To Me? clarifying language would be useful in Docket Center is (202) 566–1742. one of the subject amendments to Access to Rulemaking Documents Entities potentially regulated by this prevent any potential for Through the Internet: action are those that manufacture misinterpretation. Consequently, today’s Today’s action is available gasoline deposit control (detergent) action implements the previously electronically on the day of publication additives. Regulated categories and withdrawn amendments with the from EPA’s Federal Register Internet entities include:

NAICS Category code SIC code Example of regulated entities

Industry ...... 325998 2899 Gasoline deposit control additive manufacturers.

a. North American Industry requirements in § 80.161(b), the program significantly increase emissions of Classification System (NAICS). controls and prohibitions in § 80.168, nitrous oxides (NOX), hydrocarbons b. Standard Industrial Classification and other related program requirements (HC), and carbon monoxide (CO). (SIC) system code. in Subpart G, title 40, of the Code of Pursuant to the requirements of Section This table is not intended to be Federal Regulations (CFR). If you have 211(l) of the Clean Air Act (CAA), EPA exhaustive, but rather provides a guide any questions regarding the implemented a gasoline deposit control for readers regarding entities likely to be applicability of this action to a program which requires that all gasoline regulated by this action. This table lists particular entity, consult the person sold for use in motor vehicles in the the types of entities that EPA is now listed in the preceding FOR FURTHER United States (U.S.) contain additives aware could potentially be regulated by INFORMATION CONTACT section. this action. Other types of entities not that are effective in limiting the listed in the table could also be II. Overview of Action formation of such deposits (40 CFR part regulated. To determine whether your Background on the Gasoline Deposit 80). Specifically, EPA requires that organization is regulated by this action, Control Program: deposit control additives be certified for you should carefully examine the The accumulation of deposits in the their ability to control fuel injector applicability requirements in engine and fuel supply systems of deposits (FID) and intake valve deposits § 80.161(a), the detergent certification gasoline motor vehicles can (IVD) in EPA-specified test procedures.

1 Paper copies of materials associated with the final rule are contained in the legacy docket. Legacy notice of proposed rulemaking that preceded this docket number A–2001–15.

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All gasoline is required to contain a such a requirement would act to set a III. What Revisions Does This Rule certified deposit control (DC) additive at maximum allowed concentration for Make to the Requirements for Deposit least at the lowest additive detergent additive packages. EPA Control Additives? concentration (LAC) established during deferred to enact a CCD control The requirements on DC additives certification testing. The final requirement due to lack of data with amended by today’s action are requirements of EPA’s gasoline deposit which to evaluate the potential benefits, contained in §§ 80.162(a)(3)(i)(B) and control program were published on July costs, and appropriate control measures. 80.162(a)(3)(ii) of Subpart G, title 40 of 5, 1996, and became effective August 1, Today’s Action: the CFR. The following sections contain 1997 (61 FR 35309). a discussion of the amendments to these Gasoline deposit control additives act The Chemical Manufacturers requirements, including: EPA’s reasons to control deposits by both inhibiting Association (CMA, which is now the for establishing them as we originally the formation of deposits and by American Chemistry Council) notified did, the changes to these requirements removing existing deposits. DC EPA that certain aspects of the made by today’s action, and our additives interfere with the formation of requirements to limit variability in DC deposits by coating the surfaces within additive composition would be evaluation of the public comments on the fuel supply system so that deposits burdensome and difficult for additive the proposed revisions to these do not adhere readily and by keeping manufactures to comply with. CMA also requirements. deposit precursors in solution so that stated that other related provisions A. Revisions to § 80.162(a)(3)(i)(B) they are carried through the combustion needed to be clarified. Accordingly, The current regulatory requirements process. The process by which DC CMA filed a petition for review of these 2 in § 80.162(a)(3)(i)(B) state that: additives remove existing deposits requirements and entered into a process with EPA to evaluate (i) The composition of a detergent depends on two functionalities, a additive reported in a single additive detergent function to free the deposit alternatives to the requirements of registration (and the detergent additive from the surface and a carrier oil concern. Through this process, a product sold under a single additive function to rinse the deposit-detergent settlement agreement to resolve CMA’s registration) may not: amalgam off the surface. Many deposit petition for review was reached with control additives currently in use are EPA. Consistent with this settlement * * * * * composed of at least two separate agreement, we published a direct final (B) Include a range of concentration components, one to provide the rule on November 5, 2001 (66 FR 55885) for any detergent-active component detergent action (the ‘‘detergent’’) and and concurrent notice of proposed such that, if the component were one to provide the carrier oil action. rulemaking (NPRM, 66 FR 55905) to present in the detergent additive Polyetheramine-based detergent revise the requirements on variability in package at the lower bound of the additive packages combine the detergent the composition of additives under the reported range, the deposit control and carrier oil functions into a single gasoline deposit control program. We effectiveness of the additive package chemical additive. received adverse comments on two of would be reduced as compared with the Variation in the composition of the amendments contained in the direct level of effectiveness demonstrated gasoline deposit control additives (DC final rule and NPRM. Consequently, we during certification testing. additives) from one production batch to issued a partial withdrawal notice on EPA’s goal in establishing this the next could have a substantial impact January 24, 2002 (67 FR 3440) to requirement in its current form was to on their ability to control deposits, and withdraw the amendments on which we ensure that each detergent-active on the emissions benefits of EPA’s received adverse comments. component of a deposit control additive deposit control program. To ensure that We have evaluated all of the is present in additive production the in-use performance of gasoline comments received on the previously batches at no less the concentration deposit control additives is consistent withdrawn amendments and find the needed to meet EPA’s deposit control with that demonstrated in the adverse comments unpersuasive. performance requirements. Consistent certification testing, EPA implemented However, we agree with one with the settlement agreement reached requirements limiting the variability in commenter’s suggestion that additional with CMA, we proposed to amend this the composition of additive production clarifying language would be useful in requirement to make it clear that batches (from the composition reported one of the subject amendments to additive manufactures could produce a in the additive’s certification). prevent any potential for DC additive package for sale that During development of EPA’s deposit misinterpretation. Therefore, today’s contained the component additives at a control additive program, automobile action implements the previously higher concentration than that used manufacturers urged EPA to implement withdrawn amendments with the during additive certification testing. In its comments on the NPRM, the a requirement to control combustion addition of clarifying language similar Alliance of Automobile Manufacturers chamber deposits (CCD) as well as FID/ to that suggested in the public IVD. The primary focus of automobile (AAM) stated that allowing the ratio of comments. The change to the regulatory manufacturer concerns was the the different detergent-active requirements made by this action potential contribution to the formation components in a detergent additive addresses additive manufacturer of CCD from the use of high package to vary could impact the concerns that compliance with the concentrations of some additives deposit control efficacy of some or all of original requirements would be designed to control FID/IVD. the components in the detergent burdensome and difficult, while Automobile manufacturers suggested additive package.3 maintaining the emissions control As an example, AAM that to limit the potential contribution benefits of the gasoline deposit control stated that if the concentration of carrier of FID/IVD control additives to the program. oil is increased relative to the detergent formation of CCD, EPA should enact a component, a decrease in the detergency maximum unwashed gum concentration performance of the additive package 2 Petition for review under the Clean Air Act’s for additized gasoline. Since gasoline judicial review provisions, Chemical Manufacturers would be expected. Based on this unwashed gum level roughly correlates Association v. U.S. EPA, No. 96–1297, August 26, with detergent additive concentration, 1996. 3 EPA docket A–2001–15, docket item IV–D–03.

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objection, AAM stated that EPA should implement a cap on the concentration of the identity or concentration of non- not amend § 80.162(a)(3)(i)(B). the components in a DC additive detergent-active components since such In a letter to EPA, the Fuel Additive package based on the potential that variation does not impact the efficacy of Task Group within the American higher concentrations may contribute to the deposit control additive package. Chemistry Council (ACC) stated that the formation of CCD. CMA stated that restricting the additive there is no reason to expect that if one We agree with ACC’s statement that manufacturer’s flexibility to switch the detergent-active component (such as a additive manufactures must be allowed non-detergent-active components of detergent) is present at the same to increase the concentration of their DC additive package would concentration as in the test fuel used detergent-active components in additive increase manufacturing costs, and during additive certification testing production batches in order to comply potentially cause supply problems. while another detergent-active with EPA’s requirement that all In the NPRM/DFRM, we agreed with component (such as a carrier oil) is detergent-active components must be CMA that maximizing additive increased above the level present in the present at least at the concentration manufacturer flexibility in the choice of certification test fuel, there would be a present in the certification test fuel. non-detergent-active components would decrease in detergency performance.4 Thus, today’s action implements the reduce the burden of compliance on ACC stated that if this were to have any proposed change to make it clear that additive manufacturers and would not impact, it would be to increase additive manufactures have this jeopardize the emissions benefits of the detergency performance. flexibility. gasoline deposit control additive ACC stated that the proposed program. We also agreed that differences B. Revisions to § 80.162(a)(3)(ii) amendment to § 80.162(a)(3)(i)(B) was in the composition and concentration of necessary because additive The current requirements in non-detergent-additive components manufacturers must target a higher § 80.162(a)(3)(ii) state that: would have no impact on the efficacy of concentration of detergent-active (ii) The identity or concentration of the deposit control additive package components when producing additives non-detergent-active components of the provided that such differences do not for sale than the level specified in the detergent additive package may vary impact the concentration of detergent- additive’s certification testing. ACC under a single registration, provided active components in the package. noted that otherwise, the variability that the range of such variation is Furthermore, we stated that there would inherent in the production process and specified in the registration and that continue to be adequate regulatory in analytical measurements could result such variability does not reduce the requirements to prevent such an in a measured concentration of deposit control effectiveness of the occurrence, and that the proposed detergent-active components that is additive package as compared with the amendment would not impact the lower than the level reported in the level of effectiveness demonstrated environmental benefits of the gasoline additive’s certification. ACC further during certification testing. deposit control program. stated that since EPA does not permit EPA’s goal in establishing this In its comments on the NPRM, AAM variability below the concentration of requirement in its current form was to objected to the proposed amendment to detergent-active components reported in ensure that the effectiveness of deposit § 80.162(a)(3)(ii) based on similar the certification, additive manufacturers control additives is not adversely concerns to those AAM expressed need the flexibility to produce products impacted by variability in the regarding the proposed revision to having a higher concentration of these composition of non-detergent-active (§ 80.162(a)(3)(i)(B). Specifically, AAM components. components. stated that changes to non-detergent- We believe that AAM’s objections to Non-detergent-active additives active components in a detergent the amendment to § 80.162(a)(3)(i)(B) include corrosion inhibitors, anti- additive package could have an adverse are unfounded. AAM presented no data oxidation additives, anti-static impact on deposit control efficacy. In its or scientific rationale to support its additives, and metal de-activators. comments on the NPRM, Chevron concerns. We agree with ACC’s When necessary, such additives are Oronite stated that all carrier oils used assertion that there is no reason to added separately to gasoline. Additive in detergent additive packages have an expect a decrease in FID/IVD control manufactures need to ensure the impact on deposit control efficacy and efficacy if the concentration of one compatibility of their additives with the that EPA should not allow carrier oils to detergent-active component is increased range of in-use additives during the be treated as non-detergent-active above the level present in the test fuel development of a DC additive package components. Chevron Oronite stated used during additive certification (and as new additives are introduced that EPA should therefore not permit testing, while another detergent-active into the market). When it is feasible to the switching of carrier oils under the component is present at the same include the needed non-detergent-active same additive certification or a concentration in the certification test additives in the detergent additive reduction in the concentration of carrier fuel. We are aware that an increase in package, a batch of finished gasoline oils in additive production batches the concentration of certain components need be injected with additives only below the concentration used during of a detergent additive package (such as once. Limiting the number of separate certification testing. Chevron Oronite mineral-based carrier oils) may tend to additizations needed can result in a stated that it supported the proposed increase the contribution of such reduction in overall additive costs. DC amendment as it would apply to non- additives to the formation of CCD. additive manufacturers commonly detergent-active components. However, for the reasons noted switch the non-detergent-active After EPA’s withdrawal of the previously, EPA continues to believe components in their additive package proposed amendments to that there is insufficient basis to support depending on market conditions. §§ 80.162(a)(3)(i)(B) and 80.162(a)(3)(ii) the development of a combustion In its petition for review, CMA due to the receipt of adverse comments, chamber deposit control requirement at requested that § 80.162(a)(3)(ii) be ACC convened its Fuel Additive Task this time. Therefore, we believe that revised by deleting: ‘‘the range of such Group (which includes Chevron there is insufficient justification to variation is specified in the registration Oronite) to discuss how these adverse and that.’’ CMA stated that there is no comments might be resolved. In a letter 4 EPA docket A–2001–15, docket item IV–G–01. need to report the range of variation in to EPA, ACC stated that EPA could

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address the concern voiced in the However, such solvents are easily the requirements of the Executive Order. comment from Chevron Oronite by differentiated from carrier oils based on The order defines a ‘‘significant issuing the clarifying interpretation that their boiling characteristics. Carrier oils regulatory action’’ as one that is likely carrier oils may not be listed as non- must have a high boiling range to to result in a rule that may: detergent active unless the additive provide the washing action for which • Have an annual effect on the certifier has data to support the they are intended, while cold-flow economy of $100 million or more or assertion that the carrier oil is not solvents must have a substantially lower adversely affect in a material way the detergent-active. boiling range in order to provide the economy, a sector of the economy, We are aware of no data or other intended improvement in cold-flow productivity, competition, jobs, the evidence to suggest that non-detergent- performance. Therefore, we believe that environment, public health or safety, or active additives present in a DC additive there is no potential for additive State, local, or tribal governments or package (or added to gasoline manufacturers to confuse the two when communities; • separately) influence the package’s reporting the component parts of their Create a serious inconsistency or deposit control efficacy. Hence we see DC additive package at the time of otherwise interfere with an action taken no compelling reason to limit the or planned by another agency; certification. A high boiling fraction oil • flexibility of additive manufacturers to will always be considered as a carrier Materially alter the budgetary make changes in the composition or oil by EPA, and as such be presumed to impact of entitlements, grants, user fees, concentration to the non-detergent- be detergent active unless the additive or loan programs or the rights and active components of their DC additive obligations of recipients thereof; or, manufacturer provides data to • packages. Existing safeguards in the substantiate that the oil is non-detergent Raise novel legal or policy issues regulatory requirements will ensure that active. EPA will scrutinize such data on arising out of legal mandates, the variability in non-detergent-active a case-by-case basis. President’s priorities, or the principles components does not reduce the in-use Consistent with the above discussion, set forth in the Executive Order. It has been determined that this rule concentration of detergent-active today’s action amends § 80.162(a)(3)(ii) is not a ‘‘significant regulatory action’’ components compared to that in the to read as follows: under the terms of Executive Order certification test fuels. Therefore, we (ii) The identity or concentration of 12866 and is therefore not subject to believe that the proposed amendment to non-detergent-active components of the OMB review. § 80.162(a)(3)(ii) would not adversely detergent additive package may vary impact deposit control efficacy or the under a single registration provided that B. Paperwork Reduction Act emissions benefits of the gasoline such variability does not reduce the deposit control program. This action does not impose a new deposit control effectiveness of the information collection burden under the We agree with the suggestion from additive package as compared with the ACC that adding clarifying language to provisions of the Paperwork Reduction level of effectiveness demonstrated Act, 44 U.S.C. 3501 et seq. The Office the regulatory text regarding when a during certification testing. carrier might be considered non- of Management and Budget (OMB) (A) Unless the additive manufacturer previously approved the information detergent-active would be useful in (or other certifying party) provides EPA preventing potential misunderstandings collection requirements (ICR) of EPA’s with data to substantiate that a carrier Gasoline Deposit Control Additive during DC additive certification. When oil does not act to enhance the detergent a DC additive package contains a Program contained in 40 CFR Part 80 additive package’s ability to control separate carrier oil, it is typically a under the provisions of the Paperwork deposits, any carrier oil contained in the necessary component with respect to Reduction Act, and has assigned OMB detergent additive package, whether the package’s deposit control efficacy. In control number 2060–0275 to these petroleum-based or synthetic, must be fact, we are aware of no instance where information collection requirements treated as a detergent-active component such a carrier oil might reasonably be (EPA ICR No. 1655.04). Today’s rule in accordance with the additive considered non-detergent-active. does not result in a change in the compositional reporting requirements in Therefore, today’s action adds language requirements contained in the existing § 80.162(a)(2). Such data should be sent to the proposed regulatory text to make ICR for EPA’s Gasoline Deposit Control by certified mail to the address specified it clear that all carrier oils present in the Additive Program. No new information detergent certification test fuel will be in § 80.174(b). collection requirements or increase in considered as detergent active by EPA IV. What Are the Economic and the information collection burden will unless the additive manufacturer Environmental Impacts? result from the implementation of provides data to substantiate the carrier today’s action. The revisions made by today’s notice oil is non-detergent-active. Burden means the total time, effort, or Solvents such as xylene are will reduce the burden of compliance financial resources expended by persons sometimes used to dilute a DC additive with the gasoline deposit control to generate, maintain, retain, or disclose package to improve its cold-flow additive program while not impacting or provide information to or for a performance during the winter.5 Both the environmental benefits of the Federal agency. This includes the time solvents and carrier oils may be program. needed to review instructions; develop, composed of nothing more than a V. Statutory and Executive Order acquire, install, and utilize technology specific petroleum boiling fraction.6 Reviews and systems for the purposes of collecting, validating, and verifying 5 In such cases the additive treatment rate is A. Executive Order 12866: Regulatory information, processing and increased to ensure that the detergent-active Review maintaining information, and disclosing components are present in the additized gasoline at least at the concentration established during Under Executive Order 12866 (58 FR and providing information; adjust the certification testing. 51735, Oct. 4, 1993), the Agency is existing ways to comply with any 6 Synthetic carrier oils have come to replace required to determine whether the previously applicable instructions and mineral-based carrier oils in many DC additive regulatory action is ‘‘significant’’ and requirements; train personnel to be able packages. Synthetic carrier oils possess high boiling characteristics similar to those for mineral-based therefore subject to review by the Office to respond to a collection of carrier oils. of Management and Budget (OMB) and information; search data sources;

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complete and review the collection of have therefore concluded that today’s We have determined that this rule information; and transmit or otherwise final rule will relieve regulatory burden does not contain a Federal mandate that disclose the information. for all small entities. Therefore, EPA may result in estimated expenditures of An agency may not conduct or determined that it is not necessary to more than $100 million to the private sponsor, and a person is not required to prepare a regulatory flexibility analysis sector in any single year. The respond to a collection of information in connection with this final rule. amendments contained in this final rule unless it displays a currently valid OMB simplify the requirements under the control number. The OMB control D. Unfunded Mandates Reform Act gasoline deposit control program, and numbers for EPA’s regulations in 40 Title II of the Unfunded Mandates do not impose any significant new CFR are listed in 40 CFR part 9. Reform Act of 1995 (UMRA), Public requirements. Therefore, today’s rule is C. Regulatory Flexibility Act Law 104–4, establishes requirements for not subject to the requirements of federal agencies to assess the effects of sections 202 and 205 of the UMRA. The Regulatory Flexibility Act (RFA) their regulatory actions on State, local, E. Executive Order 13132: Federalism generally requires an agency to prepare and tribal governments, and the private a regulatory flexibility analysis for any sector. Under section 202 of the UMRA, Executive Order 13132, entitled rule subject to notice and comment EPA generally must prepare a written ‘‘Federalism’’ (64 FR 43255, August 10, rulemaking requirements under the statement, including a cost-benefit 1999), requires EPA to develop an Administrative Procedure Act or any analysis, for proposed and final rules accountable process to ensure other statute unless the agency certifies with ‘‘Federal mandates’’ that may ‘‘meaningful and timely input by State that the rule will not have a significant result in expenditures to State, local, and local officials in the development of economic impact on a substantial and tribal governments, in the aggregate, regulatory policies that have federalism number of small entities. Small entities or to the private sector, of $100 million implications.’’ ‘‘Policies that have include small businesses, small or more in any one year. Before federalism implications’’ is defined in organizations, and small government promulgating an EPA rule for which a the Executive Order to include jurisdictions. For the purpose of written statement is needed, section 205 regulations that have ‘‘substantial direct assessing the impacts of today’s rule on of the UMRA generally requires EPA to effects on the States, on the relationship small entities, small entity is defined as: identify and consider a reasonable between the national government and (1) A small business as defined by the number of regulatory alternatives and the States, or on the distribution of Small Business Administration’s (SBA) power and responsibilities among the adopt the least costly, most cost- regulations at 13 CFR 121.201; (2) a various levels of government. effective, or least burdensome small governmental jurisdiction that is a This final rule does not have alternative that achieves the objectives government of a city, county, town, federalism implications. It will not have school district or special district with a of the rule. The provisions of section substantial direct effects on the States, population of less than 50,000; and (3) 205 do not apply when they are on the relationship between the national a small organization that is any not-for- inconsistent with applicable law. government and the States, or on the profit enterprise which is independently Moreover, section 205 allows EPA to distribution of power and owned and operated and is not adopt an alternative other than the least responsibilities among the various dominant in its field. costly, most cost-effective, or least levels of government, as specified in After considering the economic burdensome alternative if the Executive Order 13132. The impacts of today’s final rule on small Administrator publishes with the final requirements of the rule will be entities, I certify that this action will not rule an explanation of why that enforced by the federal government at have a significant economic impact on alternative was not adopted. the national level. Thus, the a substantial number of small entities. Before EPA establishes any regulatory requirements of section 6 of the In determining whether a rule has a requirements that may significantly or Executive Order do not apply to this significant economic impact on a uniquely affect small governments, rule. substantial number of small entities, the including tribal governments, it must impact of concern is any significant have developed under section 203 of the F. Executive Order 13175: Consultation adverse economic impact on small UMRA a small government agency plan. and Coordination With Indian Tribal entities, since the primary purpose of The plan must provide for notifying Governments the regulatory flexibility analysis is to potentially affected small governments, Executive Order 13175, entitled identify and address regulatory enabling officials of affected small ‘‘Consultation and Coordination with alternatives ‘‘which minimize any governments to have meaningful and Indian Tribal Governments’’ (65 FR significant economic impact of the rule timely input in the development of EPA 67249, November 6, 2000), requires EPA on small entities.’’ 5 U.S.C. 603 and 604. regulatory proposals with significant to develop an accountable process to Thus, an agency may certify that a rule Federal intergovernmental mandates. ensure ‘‘meaningful and timely input by will not have a significant economic The plan must also provide for tribal officials in the development of impact on a substantial number of small informing, educating, and advising regulatory policies that have tribal entities if the rule relieves regulatory small governments on compliance with implications.’’ This final rule does not burden, or otherwise has a positive the regulatory requirements. have tribal implications, as specified in economic effect on all of the small Today’s rule contains no Federal Executive Order 13175. Today’s action entities subject to the rule. mandates (under the regulatory amends the reporting requirements for Today’s rule simplifies the provisions of Title II of the UMRA) for manufactures of deposit control requirements for additive manufacturers State, local, or tribal governments as additives regarding the allowed under the gasoline deposit control defined by the provisions of Title II of variability in the composition of program and does not impose any the UMRA. The rule imposes no additives certified under EPA’s gasoline significant new requirements. The enforceable duties on any State, local or deposit program. These amendments do regulatory changes made by today’s tribal governments. Therefore, nothing not impose any new requirements and action will reduce the burden of in the rule will significantly or uniquely will not result in any additional costs compliance for all regulated parties. We affect small governments. for Indian tribal governments. Thus,

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Executive Order 13175 does not apply impractical. Voluntary consensus Subpart G—Detergent Gasoline to this rule. standards are technical standards (e.g., materials specifications, test methods, G. Executive Order 13045: Protection of I 2. Section 80.162 is amended by sampling procedures, and business Children From Environmental Health & revising paragraphs (a)(3)(i)(B) and practices) that are developed or adopted Safety Risks (a)(3)(ii) to read as follows: by voluntary consensus standards Executive Order 13045, ‘‘Protection of bodies. The NTTAA directs EPA to § 80.162 Additive compositional data. Children from Environmental Health provide Congress, through OMB, * * * * * Risks and Safety Risks’’ (62 FR 19885, explanations when the Agency decides April 23, 1997) applies to any rule that not to use available and applicable (a) * * * (1) is determined to be ‘‘economically voluntary consensus standards. This (3) * * * significant’’ as defined under Executive action does not involve technical (i) * * * Order 12866, and (2) concerns an standards. Therefore, EPA did not environmental health or safety risk that consider the use of any voluntary (B) Include a range of concentration we have reason to believe may have a consensus standards. for any detergent-active component disproportionate effect on children. If such that, if the component were the regulatory action meets both criteria, J. Congressional Review Act present in the detergent additive the Agency must evaluate the The Congressional Review Act, 5 package at the lower bound of the environmental health or safety effects of U.S.C. 801 et seq., as added by the Small reported range, the deposit control the planned rule on children, and Business Regulatory Enforcement effectiveness of the additive package explain why the planned regulation is Fairness Act of 1996, generally provides would be reduced as compared with the preferable to other potentially effective that before a rule may take effect, the level of effectiveness demonstrated and reasonably feasible alternatives agency promulgating the rule must during certification testing. Subject to considered by the Agency. submit a rule report, which includes a the foregoing constraint, a detergent This final rule is not subject to the copy of the rule, to each House of the additive product sold under a particular Executive Order because it is not Congress and to the Comptroller General additive registration may contain a economically significant as defined by of the United States. EPA will submit a higher concentration of the detergent- Executive Order 12866, and because the report containing this rule and other active component(s) than the Agency does not have reason to believe required information to the U.S. Senate, concentration(s) of such component(s) the environmental health or safety risks the U.S. House of Representatives, and reported in the registration for the addressed by this action present a the Comptroller General of the United additive. States prior to publication of the rule in disproportionate risk to children. The (ii) The identity or concentration of the Federal Register. A Major rule revisions made by today’s notice will non-detergent-active components of the cannot take effect until 60 days after it reduce the burden of compliance with detergent additive package may vary is published in the Federal Register. the gasoline deposit control additive under a single registration provided that This action is not a (major rule( as program while not impacting the such variability does not reduce the environmental benefits of the program. defined by 5 U.S.C. 804(2). This rule will be effective November 14, 2005. deposit control effectiveness of the H. Executive Order 13211: Actions That additive package as compared with the Significantly Affect Supply, List of Subjects in 40 CFR Part 80 level of effectiveness demonstrated Distribution, or Use Environmental protection, Fuel during certification testing. This rule is not subject to Executive additives, Gasoline, Motor vehicle (A) Unless the additive manufacturer Order 13211, ‘‘Actions Concerning pollution, Penalties, Reporting and (or other certifying party) provides EPA Regulations That Significantly Affect recordkeeping requirements. with data to substantiate that a carrier Energy Supply, Distribution, or Use’’ (66 Dated: November 3, 2005. oil does not act to enhance the detergent FR 28355 (May 22, 2001)) because it is Stephen L. Johnson, additive package’s ability to control not a significant regulatory action under Administrator. deposits, any carrier oil contained in the Executive Order 12866. detergent additive package, whether I For the reasons set forth in the petroleum-based or synthetic, must be preamble, part 80 of title 40 of the Code I. National Technology Transfer and treated as a detergent-active component of Federal Regulations is to be amended Advancement Act in accordance with the additive as follows: As noted in the proposed rule, compositional reporting requirements in Section 12(d) of the National PART 80—REGULATION OF FUELS § 80.162(a)(2). Such data should be sent Technology Transfer and Advancement AND FUEL ADDITIVES by certified mail to the address specified Act of 1995 (‘‘NTTAA’’), Public Law in § 80.174(b). I 1. The authority citation for part 80 104–113, 12(d) (15 U.S.C. 272) directs (B) [Reserved.] EPA to use voluntary consensus continues to read as follows: * * * * * standards in its regulatory activities Authority: Sections 114, 211 and 301(a) of unless to do so would be inconsistent the Clean Air Act as amended (42 U.S.C. [FR Doc. 05–22462 Filed 11–10–05; 8:45 am] with applicable law or otherwise 7414, 7545, and 7601(a)). BILLING CODE 6560–50–P

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Reader Aids Federal Register Vol. 70, No. 218 Monday, November 14, 2005

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

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. 10 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proposed Rules: Proclamations: 20...... 68350 The United States Government Manual 741–6000 7924 (Revoked by 50...... 67598 7959) ...... 67899 Other Services 63...... 67098 7951...... 66741 73...... 67380 Electronic and on-line services (voice) 741–6020 7952...... 67331 741–6064 Privacy Act Compilation 7953...... 67333 12 CFR Public Laws Update Service (numbers, dates, etc.) 741–6043 7954...... 67335 201...... 69044 TTY for the deaf-and-hard-of-hearing 741–6086 7955...... 67337 268...... 67641 7956...... 67635 611...... 67901 7957...... 67637 ELECTRONIC RESEARCH 612...... 67901 7958...... 67639 614...... 67901 World Wide Web 7959...... 67899 615...... 67901 Full text of the daily Federal Register, CFR and other publications Executive Orders: 620...... 67901 is located at: http://www.gpoaccess.gov/nara/index.html 12170 (See Notice of November 9, Federal Register information and research tools, including Public 13 CFR 2005) ...... 69039 Inspection List, indexes, and links to GPO Access are located at: 121...... 69045, 69048 13389...... 67325 http://www.archives.gov/federallregister/ 301...... 69053 13390...... 67327 304...... 69053 E-mail Administrative Orders: Proposed Rules: Presidential FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 120...... 66800 Determinations: an open e-mail service that provides subscribers with a digital 121...... 68368 form of the Federal Register Table of Contents. The digital form No. 2006-03 of of the Federal Register Table of Contents includes HTML and October 24, 2005 ...... 65825 14 CFR PDF links to the full text of each document. Notices: Notice of November 1, 21...... 67345 To join or leave, go to http://listserv.access.gpo.gov and select 2005 ...... 66745 25...... 69053 Online mailing list archives, FEDREGTOC-L, Join or leave the list Notice of November 9, 39 ...... 65827, 66250, 66747, (or change settings); then follow the instructions. 2005 ...... 69039 66749, 67644, 67901, 67904, PENS (Public Law Electronic Notification Service) is an e-mail 69056, 69059, 69061, 69063, service that notifies subscribers of recently enacted laws. 5 CFR 69065, 69067, 69069, 69071, 69073, 69075 532...... 69041 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 71 ...... 65832, 66251, 67217, 950...... 67339 and select Join or leave the list (or change settings); then follow 68329, 69077 2460...... 69041 the instructions. 93...... 66253 Ch. XCIX...... 66116 FEDREGTOC-L and PENS are mailing lists only. We cannot 97...... 65833, 66256 9901...... 66116 respond to specific inquiries. 121...... 67345, 68330 Reference questions. Send questions and comments about the 6 CFR 135...... 67345 Federal Register system to: [email protected] 145...... 67345 Proposed Rules: 183...... 67345 The Federal Register staff cannot interpret specific documents or 5...... 67931 regulations. Proposed Rules: 7 CFR 21...... 68374 25...... 67278 FEDERAL REGISTER PAGES AND DATE, NOVEMBER 82...... 67306 39 ...... 65864, 66300, 66302, 220...... 66247 67099, 67935, 67939, 67946, 65825–66246...... 1 457...... 67085 67948, 67949, 67952, 68377, 66247–66746...... 2 987...... 67085 68379, 68381, 68384 66747–67084...... 3 1427...... 67342 71...... 66305, 68386 67085–67338...... 4 Proposed Rules: 73...... 66306 67339–67640...... 7 319...... 67375 93...... 67388 67641–67900...... 8 930...... 67375 121...... 65866 67901–68328...... 9 984...... 67096 204...... 67389 389...... 68389 68329–69040...... 10 8 CFR 69041–69246...... 14 399...... 67389 236...... 67087 239...... 67087 15 CFR 241...... 67087 303...... 67645 287...... 67087 736...... 67346 738...... 67346 9 CFR 740...... 67346 Proposed Rules: 742...... 67346 93...... 67933 744...... 67346

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772...... 67346 28 CFR 251...... 68264 Proposed Rules: 902...... 67349 503...... 67090 261...... 68264 703...... 67129 522...... 67091 295...... 68264 1621...... 67954 16 CFR 1624...... 67954 523...... 66752 38 CFR 3...... 67350 542...... 67090 1631...... 66814 Proposed Rules: 543...... 67090 17...... 67093 305...... 66307 46 CFR Proposed Rules: 39 CFR 524...... 66814 388...... 66796 17 CFR Proposed Rules: Proposed Rules: 232...... 67350 30 CFR 111...... 66314, 67399 162...... 66066 5...... 67632 40 CFR 18 CFR 15...... 67632 47 CFR 51...... 68218 Proposed Rules: 18...... 67632 20...... 67915 41...... 65866 19...... 67632 52 ...... 65838, 65842, 65845, 65847, 66261, 66263, 66264, 54...... 65850 158...... 65866 20...... 67632 68...... 67915 286...... 65866 22...... 67632 66769, 68337, 69081, 69085 60...... 66794 73 ...... 66285, 66286, 66287, 349...... 65866 23...... 67632 66288 27...... 67632 63...... 66280 20 CFR 80...... 69240 Proposed Rules: 28...... 67632 73 ...... 66329, 66330, 66331, 33...... 67632 81 ...... 66264, 68339, 69085 Proposed Rules: 180...... 67906, 67910 66332 404...... 67101 35...... 67632 312...... 66070 411...... 65871 36...... 67632 Proposed Rules: 48 CFR 416...... 67101 Proposed Rules: 250...... 69118 51...... 65984 2...... 69100 21 CFR 251...... 69118 52 ...... 65873, 65984, 66315, 31...... 69100 66316, 67109, 68389, 69130 239 ...... 67917, 67918, 67919 Ch. I ...... 67650 280...... 69118 948...... 67654 60...... 65873 242...... 67919 520...... 65835, 67352 63...... 65873, 69210 243...... 67921 558...... 66257 31 CFR 81 ...... 66315, 66316, 67109, 244...... 67922 878...... 67353 68390, 69130 250...... 67923 103...... 66754, 66761 Proposed Rules: 82...... 67120 252 ...... 67919, 67920, 67924 874...... 67652 210...... 67364 Proposed Rules: 884...... 69102 41 CFR 32 CFR 242...... 67955 102-71...... 67786 23 CFR 581...... 67367 102-72...... 67786 49 CFR 1345...... 69078 Proposed Rules: 102-73...... 67786 213...... 66288 317...... 66314 102-74...... 67786 24 CFR 578...... 66602 383...... 66489 102-75...... 67786 384...... 66489 81...... 69022 102-76...... 67786 33 CFR 601...... 67318 102-77...... 67786 26 CFR 100...... 68333 102-78...... 67786 Proposed Rules: 385...... 67405 1 ...... 67355, 67356, 67905 117 ...... 66258, 66260, 67368, 102-79...... 67786 25...... 67356 68335 102-80...... 67786 50 CFR 26...... 67356 165...... 65835, 65838 102-81...... 67786 53...... 67356 334...... 67370 102-82...... 67786 17...... 66664, 67924 55...... 67356 Proposed Rules: 102-83...... 67786 635...... 67929 156...... 67356 155...... 67066 648...... 66797 157...... 67356 157...... 67066 42 CFR 660...... 65861, 67349 301...... 67356 165...... 69128 419...... 68516 679...... 65863 Proposed Rules: 423...... 67568 Proposed Rules: 1...... 67220, 67397 34 CFR 484...... 68132 17 ...... 66492, 66906, 67956, 25...... 67397 673...... 67373 485...... 68516 68294, 68982 26...... 67397 674...... 67373 223...... 67130 53...... 67397 675...... 67373 44 CFR 224...... 67130 55...... 67397 676...... 67373 64...... 65849 226...... 66332 156...... 67397 622...... 67985, 69132 157...... 67397 36 CFR 45 CFR 648...... 65874 301...... 67397 212...... 68264 670...... 69098

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REMINDERS introduce pollutants into National consensus TREASURY DEPARTMENT The items in this list were publicly owned treatment standards and industry Alcohol and Tobacco Tax editorially compiled as an aid works; requirements and standards; update; and Trade Bureau to Federal Register users. oversight; published 10- published 9-13-05 Alcohol; viticultural area Inclusion or exclusion from 14-05 NATIONAL AERONAUTICS designations: this list has no legal FEDERAL AND SPACE Dos Rios, Mendocino significance. COMMUNICATIONS ADMINISTRATION County, CA; published 10- COMMISSION Federal Acquisition Regulation 14-05 Common carrier services: (FAR): RULES GOING INTO Red Hill, Douglas County, Communications Assistance Information technology OR; published 10-14-05 EFFECT NOVEMBER 14, for Law Enforcement security and unallowable 2005 Act— costs accounting; Broadband access and correction; published 11- COMMENTS DUE NEXT AGRICULTURE services compliance; 14-05 WEEK DEPARTMENT published 10-13-05 NATIONAL SCIENCE Agricultural Marketing FEDERAL RESERVE FOUNDATION AGENCY FOR Service SYSTEM Antarctic animal and plant INTERNATIONAL Avocados grown in— Extensions of credit by conservation: DEVELOPMENT South Florida; published 10- Federal Reserve Banks Antarctic Specially Protected Assistance awards to U.S. 13-05 (Regulation A): Areas (ASPA), Antarctic non-Governmental Primary and secondary organizations; marking COMMERCE DEPARTMENT Specially Managed Areas credit— (ASMA) and Historical requirements; Open for Economic Development Rates; increase approval; Sites or Monuments comments until further Administration published 11-14-05 (HSM); designations; notice; published 8-26-05 [FR 05-16698] Economic Development GENERAL SERVICES published 11-14-05 Administration ADMINISTRATION AGRICULTURE Reauthorization Act of 2004; SMALL BUSINESS Federal Acquisition Regulation DEPARTMENT implementation; public ADMINISTRATION (FAR): Agricultural Marketing hearing; published 9-30-05 Small business size standards: Information technology Service DEFENSE DEPARTMENT Gulf Opportunity Pilot Loan security and unallowable Program; published 11-14- Cotton classing, testing and Acquisition regulations: costs accounting; 05 standards: Radio frequency correction; published 11- Surety Bond Guarantee Classification services to identification; published 9- 14-05 growers; 2004 user fees; 13-05 Program; published 11-14- GOVERNMENT ETHICS 05 Open for comments until Federal Acquisition Regulation OFFICE further notice; published TRANSPORTATION (FAR): Government ethics: 5-28-04 [FR 04-12138] DEPARTMENT Information technology Acts affecting personal Eggs, poultry, and rabbit security and unallowable financial interest; Federal Aviation products; inspection and costs accounting; interpretation, exemptions Administration grading: correction; published 11- and waiver guidance; Airworthiness directives: Shell egg grading definition; 14-05 published 11-14-05 Aerospatiale; published 10- comments due by 11-25- ENVIRONMENTAL HOMELAND SECURITY 28-05 05; published 9-26-05 [FR PROTECTION AGENCY DEPARTMENT Raytheon; published 9-13-05 05-19087] Air programs: Coast Guard Organization Designation Spearmint oil produced in— Fuels and fuel additives— Drawbridge operations: Authority Program; Far West; comments due by Composition of additives New York; published 11-2- establishment; published 10- 11-22-05; published 9-23- certified under Gasoline 05 13-05 05 [FR 05-19084] Deposit Control Wisconsin; published 10-13- Reporting and recordkeeping AGRICULTURE Program; variability 05 requirements; published DEPARTMENT requirements revisions; HOUSING AND URBAN 11-7-05 Food and Nutrition Service published 11-14-05 DEVELOPMENT TRANSPORTATION Child nutrition programs: DEPARTMENT DEPARTMENT Air quality implementation Women, infants, and plans: Public and Indian housing: Federal Motor Carrier Safety children; special Preparation, adoption, and Project-Based Voucher Administration supplement nutrition submittal— Program; published 10-13- Motor carrier safety standards: program— 05 Prevention of significant Motor carrier, broker, freight Miscellaneous vendor- deterioration from INTERIOR DEPARTMENT forwarder, and hazardous related provisions; nitrogen oxides; Fish and Wildlife Service materials proceedings; comments due by 11- published 10-12-05 Endangered and threatened practice rules; published 25-05; published 7-27- Air quality implementation species: 5-18-05 05 [FR 05-14873] plans; approval and Critical habitat TRANSPORTATION AGRICULTURE promulgation; various designations— DEPARTMENT DEPARTMENT States: Arkansas River shiner; National Highway Traffic Natural Resources California; published 9-13-05 published 10-13-05 Safety Administration Conservation Service Iowa; published 9-13-05 San Jacinto Valley Motor vehicle safety Reports and guidance Utah; published 9-14-05 crownscale; published standards: documents; availability, etc.: 10-13-05 Water pollution; effluent Occupant crash protection— National Handbook of guidelines for point source LABOR DEPARTMENT Occupant protection Conservation Practices; categories: Occupational Safety and incentive grants criteria; Open for comments until Pretreatment regulations; Health Administration technical amendments; further notice; published industrial users who Safety and health standards: published 11-14-05 5-9-05 [FR 05-09150]

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CHEMICAL SAFETY AND Open for comments published 10-20-05 [FR published 9-21-05 [FR 05- HAZARD INVESTIGATION until further notice; 05-20984] 18828] BOARD published 2-25-05 [FR Air quality implementation Lindane; comments due by Meetings; Sunshine Act; Open E5-00767] plans; approval and 11-21-05; published 9-21- for comments until further ENERGY DEPARTMENT promulgation; various 05 [FR 05-18829] notice; published 10-4-05 Meetings: States: Myclobutanil; comments due [FR 05-20022] Environmental Management California; comments due by by 11-21-05; published 9- COMMERCE DEPARTMENT Site-Specific Advisory 11-25-05; published 10- 21-05 [FR 05-18417] National Oceanic and Board— 25-05 [FR 05-21265] Pyridaben; comments due Atmospheric Administration Oak Ridge Reservation, Connecticut; comments due by 11-22-05; published 9- by 11-23-05; published Environmental statements; TN; Open for comments 23-05 [FR 05-19058] 10-24-05 [FR 05-21195] notice of intent: until further notice; Reynoutria sachalinensis Maine; comments due by Western Pacific Fishery published 11-19-04 [FR extract; comments due by 11-23-05; published 10- Management Council; 04-25693] 11-21-05; published 9-21- 24-05 [FR 05-21192] comments due by 11-25- ENERGY DEPARTMENT 05 [FR 05-18725] 05; published 10-25-05 Energy Efficiency and Pennsylvania; comments Radiation protection programs: [FR 05-21301] Renewable Energy Office due by 11-25-05; published 10-26-05 [FR Yucca Mountain, NV; public Fishery conservation and Commercial and industrial 05-21372] health and environment management: equipment; energy efficiency radiation protection West Virginia; comments program: standards; comments due Alaska; fisheries of due by 11-21-05; by 11-21-05; published 9- Exclusive Economic Test procedures and published 10-20-05 [FR 27-05 [FR 05-19256] Zone— efficiency standards— 05-20986] Bering Sea and Aleution Commercial packaged Environmental statements; Water pollution control: Islands groundfish; boilers; Open for availability, etc.: National Pollutant Discharge comments until further comments due by 11- Coastal nonpoint pollution Elimination System— notice; published 10-21- 25-05; published 10-26- control program— Concentrated animal 05 [FR 05-21385] 04 [FR 04-17730] Minnesota and Texas; feeding operations in COURT SERVICES AND ENERGY DEPARTMENT Open for comments New Mexico and OFFENDER SUPERVISION Federal Energy Regulatory until further notice; Oklahoma; general AGENCY FOR THE Commission published 10-16-03 [FR permit for discharges; DISTRICT OF COLUMBIA Electric utilities (Fed. Power 03-26087] Open for comments Semi-annual agenda; Open for Act), natural gas companies Pesticides; tolerances in food, until further notice; comments until further (Natural Gas Act), Natural animal feed and raw published 12-7-04 [FR notice; published 12-22-03 Gas Policy Act, and oil agricultural products: 04-26817] [FR 03-25121] pipelines (Interstate Fenpropathrin; comments Texas; general permit for DEFENSE DEPARTMENT Commerce Act): due by 11-22-05; territorial seas; Open for comments until further Acquisition regulations: Contested audit matters; published 9-23-05 [FR 05- disposition procedures; 19062] notice; published 9-6-05 Pilot Mentor-Protege comments due by 11-22- [FR 05-17614] Program; Open for Pesticides; tolerances in food, 05; published 11-1-05 [FR Water pollution; effluent comments until further animal feed, and raw 05-21422] guidelines for point source notice; published 12-15-04 agricultural products categories: [FR 04-27351] Electric utilities (Federal Power Kasugamycin; comments Act): Civilian health and medical due by 11-22-05; Meat and poultry products Preventing undue program of uniformed published 9-23-05 [FR 05- processing facilities; Open discrimination and services (CHAMPUS): 19061] for comments until further preference in transmission notice; published 9-8-04 TRICARE program— Pesticides; tolerances in food, services; comments due animal feeds, and raw [FR 04-12017] Dental Program; National by 11-22-05; published 9- agricultural commodities: EXPORT-IMPORT BANK Defense Authorization 23-05 [FR 05-19003] Act changes (FY 2005); Acetonitrile, etc.; comments Information disclosure: ENVIRONMENTAL due by 11-21-05; comments due by 11- PROTECTION AGENCY Testimony of current and 21-05; published 9-21- published 9-21-05 [FR 05- former Ex-Im Bank 05 [FR 05-18753] Acquisition regulations: 18831] personnel and production Clause revisions; comments Federal Acquisition Regulation Amicarbazone; comments of Ex-Im Bank records; due by 11-25-05; (FAR): due by 11-22-05; comments due by 11-23- published 10-25-05 [FR published 9-23-05 [FR 05- 05; published 10-24-05 Additional contract types for 05-21196] 18951] certain commercial [FR 05-21147] Air programs: Aminopyridine, et al.; services; comments due FEDERAL comments due by 11-21- by 11-25-05; published 9- Stratospheric ozone COMMUNICATIONS 05; published 9-21-05 [FR 26-05 [FR 05-18965] protection— COMMISSION 05-18579] Time-and-materials and Class I ozone depleting Committees; establishment, Bacillus thuringiensis; labor-hour contracts substances; allowance renewal, termination, etc.: comments due by 11-21- payments; comments due adjustments for exports 05; published 9-21-05 [FR Technological Advisory by 11-25-05; published 9- to Article 5 countries; 05-18582] Council; Open for 26-05 [FR 05-18964] comments due by 11- 21-05; published 9-21- Boscalid; comments due by comments until further EDUCATION DEPARTMENT 05 [FR 05-18832] 11-21-05; published 9-21- notice; published 3-18-05 [FR 05-05403] Grants and cooperative Air programs; approval and 05 [FR 05-18830] agreements; availability, etc.: promulgation; State plans Cyhexatin; comments due Common carrier services: Vocational and adult for designated facilities and by 11-21-05; published 9- Interconnection— education— pollutants: 21-05 [FR 05-18581] Incumbent local exchange Smaller Learning Massachusetts; comments Improvalicarb; comments carriers unbounding Communities Program; due by 11-21-05; due by 11-21-05; obligations; local

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competition provisions; Health Insurance Portability Time-and-materials and 05; published 9-21-05 [FR wireline services and Accountability Act; labor-hour contracts 05-18521] offering advanced implementation— payments; comments due Cessna; comments due by telecommunications Electronic health care by 11-25-05; published 9- 11-21-05; published 10- capability; Open for claims attachments; 26-05 [FR 05-18964] 25-05 [FR 05-21309] comments until further standards; comments NATIONAL CREDIT UNION Eurocopter France; notice; published 12-29- due by 11-22-05; ADMINISTRATION comments due by 11-25- 04 [FR 04-28531] published 9-23-05 [FR Credit unions: 05; published 9-26-05 [FR Frequency allocations and 05-18927] 05-19148] radio treaty matters: Insurance requirements; HOMELAND SECURITY comments due by 11-21- Fokker; comments due by Advanced wireless services; DEPARTMENT 05; published 9-21-05 [FR 11-21-05; published 10- comments due by 11-25- Coast Guard 05-18748] 21-05 [FR 05-21054] 05; published 10-26-05 [FR 05-21407] Anchorage regulations: NUCLEAR REGULATORY General Electric Co.; Radio stations; table of Maryland; Open for COMMISSION comments due by 11-23- assignments: comments until further Environmental statements; 05; published 10-24-05 Oklahoma and Florida; notice; published 1-14-04 availability, etc.: [FR 05-21174] comments due by 11-25- [FR 04-00749] Fort Wayne State Gippsland Aeronautics Pty. 05; published 10-12-05 Ports and waterways safety; Developmental Center; Ltd.; comments due by [FR 05-20353] regulated navigation areas, Open for comments until 11-25-05; published 10- GENERAL SERVICES safety zones, security further notice; published 25-05 [FR 05-21176] ADMINISTRATION zones, etc.: 5-10-04 [FR 04-10516] Class E airspace; comments Federal Acquisition Regulation San Francisco Bay et al., SECURITIES AND due by 11-25-05; published (FAR): CA; comments due by 11- EXCHANGE COMMISSION 10-26-05 [FR 05-21321] Additional contract types for 21-05; published 9-22-05 Securities: TRANSPORTATION [FR 05-18935] certain commercial Client commission practices; DEPARTMENT services; comments due HOUSING AND URBAN interpretative guidance; National Highway Traffic by 11-25-05; published 9- DEVELOPMENT comments due by 11-25- Safety Administration 26-05 [FR 05-18965] DEPARTMENT 05; published 10-25-05 Fuel economy standards: Price evaluation adjustment; Grants and cooperative [FR 05-21247] expiration; comments due Light trucks; 2008-2011 agreements; availability, etc.: SMALL BUSINESS by 11-22-05; published 9- model years; comments Homeless assistance; ADMINISTRATION 30-05 [FR 05-19475] due by 11-22-05; excess and surplus published 8-30-05 [FR 05- Time-and-materials and Disaster loan areas: Federal properties; Open Maine; Open for comments 17005] labor-hour contracts for comments until further payments; comments due until further notice; Motor vehicle safety notice; published 8-5-05 published 2-17-04 [FR 04- standards: by 11-25-05; published 9- [FR 05-15251] 26-05 [FR 05-18964] 03374] Roof crush resistance; INTERIOR DEPARTMENT HEALTH AND HUMAN OFFICE OF UNITED STATES comments due by 11-21- SERVICES DEPARTMENT Fish and Wildlife Service TRADE REPRESENTATIVE 05; published 8-23-05 [FR Centers for Medicare & Endangered and threatened Trade Representative, Office 05-16661] Medicaid Services species permit applications of United States TREASURY DEPARTMENT Medicare: Recovery plans— Generalized System of Internal Revenue Service Power mobility devices; Paiute cutthroat trout; Preferences: Employment taxes and payment conditions; Open for comments 2003 Annual Product collection of income taxes at comments due by 11-25- until further notice; Review, 2002 Annual source: 05; published 8-26-05 [FR published 9-10-04 [FR Country Practices Review, Federal Insurance 05-17098] 04-20517] and previously deferred Contributions Act; HEALTH AND HUMAN Migratory bird hunting: product decisions; payments made for SERVICES DEPARTMENT Alaska; 2006 subsistance petitions disposition; Open certain services; Food and Drug harvest regulations; for comments until further comments due by 11-25- Administration comments due by 11-21- notice; published 7-6-04 05; published 8-26-05 [FR Reports and guidance 05; published 9-22-05 [FR [FR 04-15361] 05-16944] documents; availability, etc.: 05-18972] TRANSPORTATION Excise taxes: Evaluating safety of MERIT SYSTEMS DEPARTMENT Pension excise taxes; antimicrobial new animal PROTECTION BOARD Federal Aviation Health Saving Accounts; drugs with regard to their Practice and procedure: Administration employer comparable microbiological effects on Air carrier certification and contributions; comments bacteria of human health Constructive removal operations: due by 11-25-05; concern; Open for complaints; filing by published 8-26-05 [FR 05- comments until further administrative law judges; Flightdeck door monitoring 16941] notice; published 10-27-03 comments due by 11-25- and crew discreet alerting [FR 03-27113] 05; published 10-26-05 systems; comments due Income taxes: Medical devices— [FR 05-21389] by 11-21-05; published 9- Cost sharing arrangement; 21-05 [FR 05-18806] Dental noble metal alloys NATIONAL AERONAUTICS methods under section and base metal alloys; AND SPACE Airworthiness directives: 482 to determine taxable Class II special ADMINISTRATION Airbus; comments due by income; public hearing controls; Open for Federal Acquisition Regulation 11-21-05; published 9-21- Correction; comments due comments until further (FAR): 05 [FR 05-18522] by 11-25-05; published notice; published 8-23- Additional contract types for Boeing; comments due by 9-28-05 [FR 05-19405] 04 [FR 04-19179] certain commercial 11-21-05; published 10-6- Space and ocean activities HEALTH AND HUMAN services; comments due 05 [FR 05-20077] and communications; SERVICES DEPARTMENT by 11-25-05; published 9- British Aerospace; source of income; public Medicare and medicaid: 26-05 [FR 05-18965] comments due by 11-21- hearing; comments due

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by 11-23-05; published 9- The text of laws is not 2005 (Nov. 8, 2005; 119 Stat. enacted public laws. To 19-05 [FR 05-18265] published in the Federal 2111) subscribe, go to http:// Taxpayer Relief Act— Register but may be ordered S. 172/P.L. 109–96 listserv.gsa.gov/archives/ Roth IRAs; comments due in ‘‘slip law’’ (individual To amend the Federal Food, publaws-l.html by 11-21-05; published pamphlet) form from the Drug, and Cosmetic Act to 8-22-05 [FR 05-16404] Superintendent of Documents, provide for the regulation of U.S. Government Printing Note: This service is strictly all contact lenses as medical for E-mail notification of new Office, Washington, DC 20402 devices, and for other LIST OF PUBLIC LAWS laws. The text of laws is not (phone, 202–512–1808). The purposes. (Nov. 9, 2005; 119 text will also be made available through this service. This is a continuing list of Stat. 2119) available on the Internet from PENS cannot respond to public bills from the current Last List October 28, 2005 session of Congress which GPO Access at http:// specific inquiries sent to this have become Federal laws. It www.gpoaccess.gov/plaws/ address. may be used in conjunction index.html. Some laws may not yet be available. Public Laws Electronic with ‘‘PLUS’’ (Public Laws Notification Service Update Service) on 202–741– (PENS) 6043. This list is also H.R. 1409/P.L. 109–95 available online at http:// Assistance for Orphans and www.archives.gov/federal- Other Vulnerable Children in PENS is a free electronic mail register/laws.html. Developing Countries Act of notification service of newly

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CFR CHECKLIST Title Stock Number Price Revision Date 900–End ...... (869–056–00038–3) ...... 50.00 Jan. 1, 2005 This checklist, prepared by the Office of the Federal Register, is 13 ...... (869–056–00039–1) ...... 55.00 Jan. 1, 2005 published weekly. It is arranged in the order of CFR titles, stock 14 Parts: numbers, prices, and revision dates. 1–59 ...... (869–056–00040–5) ...... 63.00 Jan. 1, 2005 An asterisk (*) precedes each entry that has been issued since last 60–139 ...... (869–056–00041–3) ...... 61.00 Jan. 1, 2005 week and which is now available for sale at the Government Printing 140–199 ...... (869–056–00042–1) ...... 30.00 Jan. 1, 2005 Office. 200–1199 ...... (869–056–00043–0) ...... 50.00 Jan. 1, 2005 A checklist of current CFR volumes comprising a complete CFR set, 1200–End ...... (869–056–00044–8) ...... 45.00 Jan. 1, 2005 also appears in the latest issue of the LSA (List of CFR Sections 15 Parts: Affected), which is revised monthly. 0–299 ...... (869–056–00045–6) ...... 40.00 Jan. 1, 2005 The CFR is available free on-line through the Government Printing 300–799 ...... (869–056–00046–4) ...... 60.00 Jan. 1, 2005 Office’s GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 800–End ...... (869–056–00047–2) ...... 42.00 Jan. 1, 2005 index.html. For information about GPO Access call the GPO User 16 Parts: Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 0–999 ...... (869–056–00048–1) ...... 50.00 Jan. 1, 2005 The annual rate for subscription to all revised paper volumes is 1000–End ...... (869–056–00049–9) ...... 60.00 Jan. 1, 2005 $1195.00 domestic, $298.75 additional for foreign mailing. 17 Parts: Mail orders to the Superintendent of Documents, Attn: New Orders, 1–199 ...... (869–056–00051–1) ...... 50.00 Apr. 1, 2005 P.O. Box 371954, Pittsburgh, PA 15250–7954. All orders must be 200–239 ...... (869–056–00052–9) ...... 58.00 Apr. 1, 2005 accompanied by remittance (check, money order, GPO Deposit 240–End ...... (869–056–00053–7) ...... 62.00 Apr. 1, 2005 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 18 Parts: 512–1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–399 ...... (869–056–00054–5) ...... 62.00 Apr. 1, 2005 charge orders to (202) 512-2250. 400–End ...... (869–056–00055–3) ...... 26.00 9Apr. 1, 2005 Title Stock Number Price Revision Date 19 Parts: 1–140 ...... (869–056–00056–1) ...... 61.00 Apr. 1, 2005 1 ...... (869–056–00001–4) ...... 5.00 Jan. 1, 2005 141–199 ...... (869–056–00057–0) ...... 58.00 Apr. 1, 2005 2 ...... (869–056–00002–2) ...... 5.00 Jan. 1, 2005 200–End ...... (869–056–00058–8) ...... 31.00 Apr. 1, 2005 3 (2003 Compilation 20 Parts: and Parts 100 and 1–399 ...... (869–056–00059–6) ...... 50.00 Apr. 1, 2005 101) ...... (869–056–00003–1) ...... 35.00 1 Jan. 1, 2005 400–499 ...... (869–056–00060–0) ...... 64.00 Apr. 1, 2005 4 ...... (869–056–00004–9) ...... 10.00 4Jan. 1, 2005 500–End ...... (869–056–00061–8) ...... 63.00 Apr. 1, 2005 5 Parts: 21 Parts: 1–699 ...... (869–056–00005–7) ...... 60.00 Jan. 1, 2005 1–99 ...... (869–056–00062–6) ...... 42.00 Apr. 1, 2005 700–1199 ...... (869–056–00006–5) ...... 50.00 Jan. 1, 2005 100–169 ...... (869–056–00063–4) ...... 49.00 Apr. 1, 2005 1200–End ...... (869–056–00007–3) ...... 61.00 Jan. 1, 2005 170–199 ...... (869–056–00064–2) ...... 50.00 Apr. 1, 2005 200–299 ...... (869–056–00065–1) ...... 17.00 Apr. 1, 2005 6 ...... (869–056–00008–1) ...... 10.50 Jan. 1, 2005 300–499 ...... (869–056–00066–9) ...... 31.00 Apr. 1, 2005 7 Parts: 500–599 ...... (869–056–00067–7) ...... 47.00 Apr. 1, 2005 1–26 ...... (869–056–00009–0) ...... 44.00 Jan. 1, 2005 600–799 ...... (869–056–00068–5) ...... 15.00 Apr. 1, 2005 27–52 ...... (869–056–00010–3) ...... 49.00 Jan. 1, 2005 800–1299 ...... (869–056–00069–3) ...... 58.00 Apr. 1, 2005 53–209 ...... (869–056–00011–1) ...... 37.00 Jan. 1, 2005 1300–End ...... (869–056–00070–7) ...... 24.00 Apr. 1, 2005 210–299 ...... (869–056–00012–0) ...... 62.00 Jan. 1, 2005 22 Parts: 300–399 ...... (869–056–00013–8) ...... 46.00 Jan. 1, 2005 1–299 ...... (869–056–00071–5) ...... 63.00 Apr. 1, 2005 400–699 ...... (869–056–00014–6) ...... 42.00 Jan. 1, 2005 300–End ...... (869–056–00072–3) ...... 45.00 Apr. 1, 2005 700–899 ...... (869–056–00015–4) ...... 43.00 Jan. 1, 2005 900–999 ...... (869–056–00016–2) ...... 60.00 Jan. 1, 2005 23 ...... (869–056–00073–1) ...... 45.00 Apr. 1, 2005 1000–1199 ...... (869–056–00017–1) ...... 22.00 Jan. 1, 2005 24 Parts: 1200–1599 ...... (869–056–00018–9) ...... 61.00 Jan. 1, 2005 0–199 ...... (869–056–00074–0) ...... 60.00 Apr. 1, 2005 1600–1899 ...... (869–056–00019–7) ...... 64.00 Jan. 1, 2005 200–499 ...... (869–056–00074–0) ...... 50.00 Apr. 1, 2005 1900–1939 ...... (869–056–00020–1) ...... 31.00 Jan. 1, 2005 500–699 ...... (869–056–00076–6) ...... 30.00 Apr. 1, 2005 1940–1949 ...... (869–056–00021–9) ...... 50.00 Jan. 1, 2005 700–1699 ...... (869–056–00077–4) ...... 61.00 Apr. 1, 2005 1950–1999 ...... (869–056–00022–7) ...... 46.00 Jan. 1, 2005 1700–End ...... (869–056–00078–2) ...... 30.00 Apr. 1, 2005 2000–End ...... (869–056–00023–5) ...... 50.00 Jan. 1, 2005 25 ...... (869–056–00079–1) ...... 63.00 Apr. 1, 2005 8 ...... (869–056–00024–3) ...... 63.00 Jan. 1, 2005 26 Parts: 9 Parts: §§ 1.0–1–1.60 ...... (869–056–00080–4) ...... 49.00 Apr. 1, 2005 1–199 ...... (869–056–00025–1) ...... 61.00 Jan. 1, 2005 §§ 1.61–1.169 ...... (869–056–00081–2) ...... 63.00 Apr. 1, 2005 200–End ...... (869–056–00026–0) ...... 58.00 Jan. 1, 2005 §§ 1.170–1.300 ...... (869–056–00082–1) ...... 60.00 Apr. 1, 2005 10 Parts: §§ 1.301–1.400 ...... (869–056–00083–9) ...... 46.00 Apr. 1, 2005 1–50 ...... (869–056–00027–8) ...... 61.00 Jan. 1, 2005 §§ 1.401–1.440 ...... (869–056–00084–7) ...... 62.00 Apr. 1, 2005 51–199 ...... (869–056–00028–6) ...... 58.00 Jan. 1, 2005 §§ 1.441–1.500 ...... (869–056–00085–5) ...... 57.00 Apr. 1, 2005 200–499 ...... (869–056–00029–4) ...... 46.00 Jan. 1, 2005 §§ 1.501–1.640 ...... (869–056–00086–3) ...... 49.00 Apr. 1, 2005 500–End ...... (869–056–00030–8) ...... 62.00 Jan. 1, 2005 §§ 1.641–1.850 ...... (869–056–00087–1) ...... 60.00 Apr. 1, 2005 §§ 1.851–1.907 ...... (869–056–00088–0) ...... 61.00 Apr. 1, 2005 11 ...... (869–056–00031–6) 41.00 Jan. 1, 2005 §§ 1.908–1.1000 ...... (869–056–00089–8) ...... 60.00 Apr. 1, 2005 12 Parts: §§ 1.1001–1.1400 ...... (869–056–00090–1) ...... 61.00 Apr. 1, 2005 1–199 ...... (869–056–00032–4) ...... 34.00 Jan. 1, 2005 §§ 1.1401–1.1550 ...... (869–056–00091–0) ...... 55.00 Apr. 1, 2005 200–219 ...... (869–056–00033–2) ...... 37.00 Jan. 1, 2005 §§ 1.1551–End ...... (869–056–00092–8) ...... 55.00 Apr. 1, 2005 220–299 ...... (869–056–00034–1) ...... 61.00 Jan. 1, 2005 2–29 ...... (869–056–00093–6) ...... 60.00 Apr. 1, 2005 300–499 ...... (869–056–00035–9) ...... 47.00 Jan. 1, 2005 30–39 ...... (869–056–00094–4) ...... 41.00 Apr. 1, 2005 500–599 ...... (869–056–00036–7) ...... 39.00 Jan. 1, 2005 40–49 ...... (869–056–00095–2) ...... 28.00 Apr. 1, 2005 600–899 ...... (869–056–00037–5) ...... 56.00 Jan. 1, 2005 50–299 ...... (869–056–00096–1) ...... 41.00 Apr. 1, 2005

VerDate Aug 31 2005 18:39 Nov 10, 2005 Jkt 208001 PO 00000 Frm 00001 Fmt 4721 Sfmt 4721 E:\FR\FM\14NOCL.LOC 14NOCL viii Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Reader Aids

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 300–499 ...... (869–056–00097–9) ...... 61.00 Apr. 1, 2005 63 (63.1440–63.6175) .... (869–056–00149–5) ...... 32.00 July 1, 2005 500–599 ...... (869–056–00098–7) ...... 12.00 5Apr. 1, 2005 63 (63.6580–63.8830) .... (869–056–00150–9) ...... 32.00 July 1, 2005 600–End ...... (869–056–00099–5) ...... 17.00 Apr. 1, 2005 63 (63.8980–End) ...... (869–056–00151–7) ...... 35.00 7July 1, 2005 27 Parts: 64–71 ...... (869–056–00152–5) ...... 29.00 July 1, 2005 1–199 ...... (869–056–00100–2) ...... 64.00 Apr. 1, 2005 72–80 ...... (869–056–00153–5) ...... 62.00 July 1, 2005 200–End ...... (869–056–00101–1) ...... 21.00 Apr. 1, 2005 81–85 ...... (869–056–00154–1) ...... 60.00 July 1, 2005 86 (86.1–86.599–99) ...... (869–056–00155–0) ...... 58.00 July 1, 2005 28 Parts: ...... 86 (86.600–1–End) ...... (869–056–00156–8) ...... 50.00 July 1, 2005 0–42 ...... (869–056–00102–9) ...... 61.00 July 1, 2005 87–99 ...... (869–056–00157–6) ...... 60.00 July 1, 2005 43–End ...... (869–056–00103–7) ...... 60.00 July 1, 2005 100–135 ...... (869–056–00158–4) ...... 45.00 July 1, 2005 29 Parts: 136–149 ...... (869–056–00159–2) ...... 61.00 July 1, 2005 0–99 ...... (869–056–00104–5) ...... 50.00 July 1, 2005 150–189 ...... (869–052–00158–9) ...... 50.00 July 1, 2004 100–499 ...... (869–056–00105–3) ...... 23.00 July 1, 2005 190–259 ...... (869–056–00161–4) ...... 39.00 July 1, 2005 500–899 ...... (869–056–00106–1) ...... 61.00 July 1, 2005 260–265 ...... (869–052–00160–1) ...... 50.00 July 1, 2004 900–1899 ...... (869–056–00107–0) ...... 36.00 7July 1, 2005 266–299 ...... (869–056–00163–1) ...... 50.00 July 1, 2005 1900–1910 (§§ 1900 to 300–399 ...... (869–056–00164–9) ...... 42.00 July 1, 2005 1910.999) ...... (869–056–00108–8) ...... 61.00 July 1, 2005 400–424 ...... (869–056–00165–7) ...... 56.00 8July 1, 2005 1910 (§§ 1910.1000 to 425–699 ...... (869–052–00164–3) ...... 61.00 July 1, 2004 end) ...... (869–056–00109–6) ...... 58.00 July 1, 2005 700–789 ...... (869–056–00167–3) ...... 61.00 July 1, 2005 1911–1925 ...... (869–056–00110–0) ...... 30.00 July 1, 2005 790–End ...... (869–056–00168–1) ...... 61.00 July 1, 2005 1926 ...... (869–056–00111–8) ...... 50.00 July 1, 2005 41 Chapters: 1927–End ...... (869–052–00111–2) ...... 62.00 July 1, 2004 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 30 Parts: 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1–199 ...... (869–056–00113–4) ...... 57.00 July 1, 2005 3–6 ...... 14.00 3 July 1, 1984 200–699 ...... (869–056–00114–2) ...... 50.00 July 1, 2005 7 ...... 6.00 3 July 1, 1984 700–End ...... (869–056–00115–1) ...... 58.00 July 1, 2005 8 ...... 4.50 3 July 1, 1984 9 ...... 13.00 3 July 1, 1984 31 Parts: 10–17 ...... 9.50 3 July 1, 1984 0–199 ...... (869–056–00116–9) ...... 41.00 July 1, 2005 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 200–499 ...... (869–056–00117–7) ...... 33.00 July 1, 2005 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 500–End ...... (869–056–00118–5) ...... 33.00 July 1, 2005 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 32 Parts: 19–100 ...... 13.00 3 July 1, 1984 1–39, Vol. I ...... 15.00 2 July 1, 1984 1–100 ...... (869–056–00169–0) ...... 24.00 July 1, 2005 1–39, Vol. II ...... 19.00 2 July 1, 1984 101 ...... (869–056–00170–3) ...... 21.00 July 1, 2005 1–39, Vol. III ...... 18.00 2 July 1, 1984 102–200 ...... (869–056–00171–1) ...... 56.00 July 1, 2005 1–190 ...... (869–056–00119–3) ...... 61.00 July 1, 2005 201–End ...... (869–056–00172–0) ...... 24.00 July 1, 2005 191–399 ...... (869–056–00120–7) ...... 63.00 July 1, 2005 400–629 ...... (869–056–00121–5) ...... 50.00 July 1, 2005 42 Parts: 630–699 ...... (869–056–00122–3) ...... 37.00 July 1, 2005 1–399 ...... (869–052–00171–6) ...... 61.00 Oct. 1, 2004 700–799 ...... (869–056–00123–1) ...... 46.00 July 1, 2005 400–429 ...... (869–052–00172–4) ...... 63.00 Oct. 1, 2004 800–End ...... (869–056–00124–0) ...... 47.00 July 1, 2005 430–End ...... (869–052–00173–2) ...... 64.00 Oct. 1, 2004 33 Parts: 43 Parts: 1–124 ...... (869–056–00125–8) ...... 57.00 July 1, 2005 1–999 ...... (869–052–00174–1) ...... 56.00 Oct. 1, 2004 125–199 ...... (869–052–00124–4) ...... 61.00 July 1, 2004 1000–end ...... (869–052–00175–9) ...... 62.00 Oct. 1, 2004 200–End ...... (869–056–00127–4) ...... 57.00 July 1, 2005 *44 ...... (869–056–00178–9) ...... 50.00 Oct. 1, 2005 34 Parts: 45 Parts: 1–299 ...... (869–056–00128–2) ...... 50.00 July 1, 2005 1–199 ...... (869–052–00177–5) ...... 60.00 Oct. 1, 2004 300–399 ...... (869–056–00129–1) ...... 40.00 7July 1, 2005 200–499 ...... (869–052–00178–3) ...... 34.00 Oct. 1, 2004 400–End ...... (869–052–00128–7) ...... 61.00 July 1, 2004 500–1199 ...... (869–052–00179–1) ...... 56.00 Oct. 1, 2004 35 ...... (869–052–00129–5) ...... 10.00 6July 1, 2004 *1200–End ...... (869–056–00182–7) ...... 61.00 Oct. 1, 2005 36 Parts: 46 Parts: 1–199 ...... (869–056–00131–2) ...... 37.00 July 1, 2005 1–40 ...... (869–052–00181–3) ...... 46.00 Oct. 1, 2004 200–299 ...... (869–056–00132–1) ...... 37.00 July 1, 2005 41–69 ...... (869–052–00182–1) ...... 39.00 Oct. 1, 2004 300–End ...... (869–056–00133–9) ...... 61.00 July 1, 2005 70–89 ...... (869–052–00183–0) ...... 14.00 Oct. 1, 2004 90–139 ...... (869–052–00184–8) ...... 44.00 Oct. 1, 2004 37 ...... (869–056–00134–7) ...... 58.00 July 1, 2005 140–155 ...... (869–052–00185–6) ...... 25.00 Oct. 1, 2004 38 Parts: 156–165 ...... (869–052–00186–4) ...... 34.00 Oct. 1, 2004 0–17 ...... (869–056–00135–5) ...... 60.00 July 1, 2005 166–199 ...... (869–052–00187–2) ...... 46.00 Oct. 1, 2004 18–End ...... (869–056–00136–3) ...... 62.00 July 1, 2005 200–499 ...... (869–052–00188–1) ...... 40.00 Oct. 1, 2004 500–End ...... (869–052–00189–9) ...... 25.00 Oct. 1, 2004 39 ...... (869–056–00139–1) ...... 42.00 July 1, 2005 47 Parts: 40 Parts: 0–19 ...... (869–052–00190–2) ...... 61.00 Oct. 1, 2004 1–49 ...... (869–056–00138–0) ...... 60.00 July 1, 2005 20–39 ...... (869–052–00191–1) ...... 46.00 Oct. 1, 2004 50–51 ...... (869–052–00138–4) ...... 45.00 July 1, 2004 40–69 ...... (869–052–00192–9) ...... 40.00 Oct. 1, 2004 52 (52.01–52.1018) ...... (869–052–00139–2) ...... 60.00 July 1, 2004 70–79 ...... (869–052–00193–8) ...... 63.00 Oct. 1, 2004 52 (52.1019–End) ...... (869–056–00141–0) ...... 61.00 July 1, 2005 ...... 53–59 ...... (869–056–00142–8) ...... 31.00 July 1, 2005 80–End (869–052–00194–5) 61.00 Oct. 1, 2004 60 (60.1–End) ...... (869–056–00143–6) ...... 58.00 July 1, 2005 48 Chapters: 60 (Apps) ...... (869–056–00144–4) ...... 57.00 July 1, 2005 1 (Parts 1–51) ...... (869–052–00195–3) ...... 63.00 Oct. 1, 2004 61–62 ...... (869–056–00145–2) ...... 45.00 July 1, 2005 1 (Parts 52–99) ...... (869–052–00196–1) ...... 49.00 Oct. 1, 2004 63 (63.1–63.599) ...... (869–056–00146–1) ...... 58.00 July 1, 2005 2 (Parts 201–299) ...... (869–052–00197–0) ...... 50.00 Oct. 1, 2004 63 (63.600–63.1199) ...... (869–056–00147–9) ...... 50.00 July 1, 2005 3–6 ...... (869–052–00198–8) ...... 34.00 Oct. 1, 2004 63 (63.1200–63.1439) .... (869–056–00148–7) ...... 50.00 July 1, 2005 7–14 ...... (869–052–00199–6) ...... 56.00 Oct. 1, 2004

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Title Stock Number Price Revision Date 15–28 ...... (869–052–00200–3) ...... 47.00 Oct. 1, 2004 29–End ...... (869–052–00201–1) ...... 47.00 Oct. 1, 2004 49 Parts: 1–99 ...... (869–052–00202–0) ...... 60.00 Oct. 1, 2004 100–185 ...... (869–052–00203–8) ...... 63.00 Oct. 1, 2004 186–199 ...... (869–052–00204–6) ...... 23.00 Oct. 1, 2004 200–399 ...... (869–052–00205–4) ...... 64.00 Oct. 1, 2004 400–599 ...... (869–052–00206–2) ...... 64.00 Oct. 1, 2004 600–999 ...... (869–052–00207–1) ...... 19.00 Oct. 1, 2004 1000–1199 ...... (869–052–00208–9) ...... 28.00 Oct. 1, 2004 1200–End ...... (869–052–00209–7) ...... 34.00 Oct. 1, 2004 50 Parts: 1–16 ...... (869–052–00210–1) ...... 11.00 Oct. 1, 2004 17.1–17.95 ...... (869–052–00211–9) ...... 64.00 Oct. 1, 2004 17.96–17.99(h) ...... (869–052–00212–7) ...... 61.00 Oct. 1, 2004 17.99(i)–end and 17.100–end ...... (869–052–00213–5) ...... 47.00 Oct. 1, 2004 18–199 ...... (869–052–00214–3) ...... 50.00 Oct. 1, 2004 200–599 ...... (869–052–00215–1) ...... 45.00 Oct. 1, 2004 600–End ...... (869–052–00216–0) ...... 62.00 Oct. 1, 2004 CFR Index and Findings Aids ...... (869–052–00049–3) ...... 62.00 Jan. 1, 2004 Complete 2005 CFR set ...... 1,342.00 2005 Microfiche CFR Edition: Subscription (mailed as issued) ...... 325.00 2005 Individual copies ...... 4.00 2005 Complete set (one-time mailing) ...... 325.00 2004 Complete set (one-time mailing) ...... 298.00 2003 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period January 1, 2004, through January 1, 2005. The CFR volume issued as of January 1, 2004 should be retained. 5 No amendments to this volume were promulgated during the period April 1, 2000, through April 1, 2005. The CFR volume issued as of April 1, 2000 should be retained. 6 No amendments to this volume were promulgated during the period July 1, 2000, through July 1, 2004. The CFR volume issued as of July 1, 2000 should be retained. 7 No amendments to this volume were promulgated during the period July 1, 2004, through July 1, 2005. The CFR volume issued as of July 1, 2004 should be retained. 8 No amendments to this volume were promulgated during the period July 1, 2004, through July 1, 2005. The CFR volume issued as of July 1, 2003 should be retained. 9 No amendments to this volume were promulgated during the period April 1, 2004, through April 1, 2005. The CFR volume issued as of April 1, 2004 should be retained.

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